HomeMy WebLinkAbout910403.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING REVIEW OF DUST BLOWING COMPLAINT - MICHAEL
C. NEES
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board, at its regular meeting on April 15, 1991, considered
a complaint concerning dust blowing from property located in the N/2 NW/4 of
Section 14, Township 2 North, Range 65 West of the 6th P.M. , Weld County,
Colorado, said property being owned by Michael C. Nees, and
WHEREAS, said hearing was continued to May 6, 1991, to allow Michael C.
Nees time to resolve said matter, and
WHEREAS, a hearing before the Board was held on May 6, 1991, at which time
the Board deemed it advisable to dismiss said dust blowing complaint against
Michael C. Nees.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the dust blowing complaint concerning the hereinabove
described property be, and hereby is, dismissed.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 6th day of May, A.D. , 1991.
Pla/tiet BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNT , C LORADO
Weld County Clerk to the Board
Gord n . acy, h an
Deputy Clerk to the arc( rse Kenn dy, P -Tem
APPROVED AS TO FORM:
Constance L. Harbert
County Attorney C. W. Kirby
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W. H. ebster
910403
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. � OFFICE OF COUNTY ATTORNEY
PHONE(303) 356-4000 ECT. 4191
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P.O. 80X 194£:IF AIR 7 GREELEY, COLORADO 80632
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COLORADO
April 2 , 1991
Michael C . and Robin Sue Nees
22010 Weld County Road 22
Hudson, CO 80642
RE : Findings and Order
in Dust Blowing Case
Dear Mr. and Mrs . Nees :
Enclosed herein please find a copy of the Findings and Order of the
Board of County Commissioners of Weld County,? Colorado , regarding
the dust blowing complaint for property owned by you and located _in
Section 14 , Township North , Range 65 West of the 6th P . M . , Weld
County, Colorado .
Please note that the Board of County Commissioners has ordered that
you perform one or more of the remedial measures stated in Exhibit
"A" which is attached to the Findings and Order, on or before April
15 , 1991 . The Board will review this matter on April 17 , 1991 .
If you should have any questions regarding the Findings and Order,
please feel free to: call me at ( 303 ) 356-4000 „ extension 4391 .
Very truly yours ,
\N„ `
Bruce T . Barker
Assistant County Attorney
BTB : sa
Enc .
xc : Platte Valley Soil Conservation District
9104C3
Page 2
RE: DUST BLOWING -`NEES
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 1st day of April, A.D. , 1991.
/J BOARD OF COUNTY COMMISSIONERS
ATTEST: / //��/ i 1 ' / /� WELD COUNTY, COLORADO
w� �� " turf,m
Weld County Clerk to the Board EXCUSED
/ om Gordon E. Lacy, Chairman
J/tii n
.14
Deputy C,rk to the Board Geo e Kentfedy, ,Pro-Tem Cr-
APPROVED AS 0 FORM:
onstance L. Harb (It
'
County Attorney C. W. Kirby
W. H. Webste
910229
91(4,:'3
RESOLUTION
RE: ACTION OF BOARD CONCERNING DUST BLOWING COMPLAINT - MICHAEL C. NEES
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County, Colorado, has
been informed, in accordance with Section 35-72-101(1) , CRS, that dust is blowing
from property located in the N/2 NW/4 of Section 14, Township 2 North, Range 65
West of the 6th P.M. , Weld County, Colorado, said property being owned by Michael
C. Nees, and
WHEREAS, pursuant to the information and an inspection of the parcel, a
hearing before the Board was held on April 1, 1991, at which time the Board made
Findings of Fact pursuant to Section 35-72-101(1) , and
WHEREAS, upon said Findings of Fact, the Board did ;order that the owners
and/or operators of said property, Michael C. Nees, treat said property as
described in the Findings and Order by April 15, 1991„ and
WHEREAS, at the hearing of April 15, 1991, the Board deemed it advisable to
continue said matter for a period of three weeks, to May 6, 1991, to allow time
to determine if the conservation treatment performed on said parcel is effective.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that this matter be, and hereby is continued to May 6, 1991,
at 9:00 a.m.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 15th day of April(, A.D. , 1991.
BOARD OF COUNTY COMMISSIONERS
ATTEST: gisiliduein WELD COUNTY, LORADO
Weld County Clerk to the Board
p (\�'� ' v Gord ac ., • an
By: q i - 6 , h / i c,14 ,_
Deputy CJlierk to the Board G/eryrge Kennedy, Pro-Tem
APPROV AS TO FORM:
l onstance L. Harbert
!"//g �vL*
County Attorney C. W. Kirb
W. H. Webstet '
Fknr, I
RESOLUTION
RE: APPROVE FINDINGS AND ORDER CONCERNING DUST BLOWING COMPLAINT - MICHAEL C. NEES
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant
to Colorado statute and the Weld County Home Rule Charter, is vested with the
authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County, Colorado, has been
informed, in accordance with Section 35-72-101(1) , CRS, that dust is blowing from
property located in the N/2 NW/4 of Section 14, Township 2 North, Range 65 West of
the 6th P.M. , Weld County, Colorado, said property being owned by Michael C. Nees,
and
WHEREAS, the Board has caused an inspection of the above described parcel of
land, and
WHEREAS, pursuant to the information and the inspection referred to above, a
hearing before the Board was held on April 1, 1991, at which time the Board made
Findings of Fact pursuant to Section 35-72-101(1) , and
WHEREAS, Michael C. Nees, the landowner was not present at said hearing, and
WHEREAS, upon said Findings o£ Fact, the Board did order that the owners and/or
operators of said property, Michael C. Nees, treat said property as described in the
Findings and Order, a copy of which is attached hereto and incorporated herein by
reference, within the time limits stated therein.
NOW, THEREFORE. BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Chairman of the Board is authorized to sign said Findings
and Order and that Michael C. Nees is ordered to perform the treatment upon the above
described parcel as stated in the attached Findings and Order of the Board of County
Commissioners of Weld County, Colorado.
BE IT FURTHER RESOLVED by the Board that this matter will be reconsidered by the
Board on April 15, 1991, at 9:00 a.m.
910229
FINDINGS AND ORDER OF THE
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
WHEREAS, a Complaint, in writing, has been received by the Board of County
Commissioners of Weld County, Colorado, specifying that dust is blowing from the
following described parcel of land: The property which is described in the deed
recorded at Book 1004, Reception No. 01936792, in the office of the Weld County
Clerk and Recorder, a copy of which is attached hereto as Exhibit "A, ", and
WHEREAS, the Board has caused an inspection of the parcel of land
complained of, and
I
WHEREAS, pursuant to the provisions of Section 35-72-103(1) , C.R. S. , and
pursuant to such complaint and inspection, a hearing was held on the 1st day of
April, 1991, by the Board of County Commissioners for the purpose of determining
whether or not to issue an Order pursuant to said statute.
The Board, having heard the testimony of Tony Dowdy, and having considered
Mr. Dowdy's letter received March 29, 1991, and a letter dated March 27, 1991,
from Clyde Abbett, President, Board of Supervisors, Platte Valley Soil
Conservation Service, a copy of which is attached hereto as Exhibit "B, " MAKES
THE FOLLOWING FINDINGS:
1. That soil is blowing from the land described above in sufficient
quantity to be injurious tp private and public property.
2. That an emergency exists.
3. That the operation in question has been in existence for more than
one (1) year. It appears at present that the operation (a horse
arena) may be negligent, given that the soil is of a sandy nature
and no vegetation covers the arena.
4. That such soil blowing can be prevented or materially lessened by
the treatment of the soil. '
5. That property damage appears to be resulting from the soil blowing.
IT IS HEREBY ORDERED that you, Michael C. and Robin Sue Nees, whose address
is 22010 NCR 22, Hudson, CO 80642, the owners of the property described above,
perform one or more of the remedial measures n♦entioned in Exhibit "B" to prevent
further dust blowing from such property.
The remedial measures must be completed no later than April 15, 1991.
This matter will be reconsidered by the Board of County Commissioners of
Weld County at its regularly scheduled meeting at 9:00 o'clock a.m. on April 17,
1991.
If you, Michael C. and Robin Sue Nees, the property owners, do not perform
the remedial measures required in the said time frame, then the Board will, upon
further consideration, order treatment of the soil and/or cause the above stated
remedial measures to be done and bill you for all costs incurred by the Board of
County Commissioners in so performing this work.
DONE THIS 1st day of April, 1991.
ATTEST: /() / /'1n ' r / BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, COLORADO
Weld County Clerk to the Board
// ee`orge Kennedy, Chairman Pro-T�
BY: / P,-4 � N 7
Deputy Clerk to he Board
9104C3
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