HomeMy WebLinkAbout940943.tiff WELD COUNTY
Cr' - '- -_ `"T":; Hawley & VanderWerf, P.C.
,, V!t Attorneys at Law
Robert C. Hawley CLERK r� Equitable Building,Suite 730
Of Counsel TO THE live; J
730 Seventeenth Street
Denver,Colorado 80202
May 23, 1994
Telephone(303)572-9090
Telecopier(303)825-5813
VIA FACSIMILE: 303-352-0242
Mr. Bill Webster, Chairman
Weld County Board of County Commissioners
Post Office Box 758
Greeley, Colorado 80632
Re: John A. Doninaer - Weld County Weed and Pest Department
Our File No. 1895-3
Dear Mr. Webster:
This law firm represents John A. Doninger. Mr. Doninger is
the owner of 130 acres of land traversed by the South Platte River
in Weld County, Colorado. A copy of the land description and a
copy of the plat showing the land are attached hereto.
One-hundred twenty-six acres of Mr. Doninger's land have never
been cultivated or used for any purpose other than a game preserve
and hunting site. The vegetation on the land is the natural
vegetation. Particularly in the Spring, the land is semi-wetlands
area. No improvements have ever been constructed on the land. The
land is fenced in with lock-gates and posted with "No Trespassing"
signs. It has never been used for livestock grazing. It is a
habitat for wild turkey, duck, pheasant, geese, deer, and other
wildlife. Presently, wild turkey and pheasant are using the land
as nesting sites.
During the week of May 16, 1994, Mr. Doninger received a
letter from Mr. Ken Hesse, Weed Control Field Technician, a copy of
which is attached hereto. Mr. Hesse's letter in no manner suggests
for whom he is acting or that he has any official capacity.
On Friday, May 20, 1994, at 7: 00 a.m. , Mr. Hesse made a
telephone call to Mr. Doninger. In that phone conversation, he
advised Mr. Doninger that if he did not have his land mowed or
pesticides used to rid the land of noxious weeds by May 22 , 1994 ,
Mr. Hesse would have the land mowed at a cost several times that
which Mr. Doninger would pay if he made the arrangements himself.
There are no roads on Mr. Doninger's property. Mowing the
property would destroy the nests and wildlife refuge already
established there. Undoubtedly, mowing would be required annually.
Consequently, this wildlife preserve would be lost.
�� (cv-loge8) 940943
n \ 6\6v1 C V er)1ti
Hawley&VanderWerf,P.C.
Mr. Bill Webster
May 23, 1994
Page 2
Mr. Doninger is Senior Vice-President of the Gates Rubber
Company. He is a chemist and is well aware of the danger to
wildlife of the use of pesticides and the threat of pollution to
the soil and to the waters of the South Platte River. These
dangers are recognized under the Pesticide Act, 35-9-101, et seq. ,
C.R.S. Under § 35-9-105, the State Department of Agriculture is
given exclusive jurisdiction over all matters pertaining to the
distribution and sale of pesticides.
Mr. Hesse's letter sets out Musk Thistle, Canada Thistle and
Leafy Spurge as noxious weeds. Section 35-5.5-108, C.R.S. names
only Euphorbia Esula (Leafy Spurge) as an undesirable plant.
Unless under the statute Musk Thistle and Canada Thistle have been
designated after thirty days notice and a public hearing as
undesirable plants, they would not fall into the noxious weed
category.
Mr. Hesse's letter sets out the names of two mowing companies
and three commercial applicators. Mr. Doninger is not familiar
with any of these concerns, nor whether the named commercial
applicators are authorized under the Colorado Pesticide Act,
§ 35-9-101, et. seq. , C.R.S. As his authority, Mr. Hesse sets out
§ 35-5. 5-109, C.R.S. Mr. Hesse is in violation of § 35-5. 5-109,
C.R.S. Mr. Doninger has not requested an inspection of his land
and to his knowledge, no neighbor has requested an inspection.
More importantly, under § 35-5.5-109 (2) (a) , Mr. Hesse violated the
statute by entering Mr. Doninger's property without notification
orally or by certified mail to Mr. Doninger and without consulting
with or receiving permission from Mr. Doninger.
By this letter, Mr. Doninger requests, under
§ 35-5.5-109 (4) (a) (III) , C.R.S. , an arbitration panel be selected
to determine a final management plan and to insure compliance with
the State requirements for the preservation of wildlife, wilderness
type areas, federal wetlands provisions, avoidance of water and
land pollution and consideration of the County's weed control
program.
Mr. Doninger's address is 3997 South Magnolia Way, Denver,
Colorado 80237 . We have been authorized to act on his behalf and
you may communicate either with us or Mr. Doninger. If you
communicate directly with Mr. Doninger, we would appreciate
receiving a courtesy copy as well. Vice-versa, if you communicate
directly with our office, please provide a courtesy copy to
Mr. Doninger.
Hawley&VanderWerf,P.C.
Mr. Bill Webster
May 23, 1994
Page 3
Thank you for your attention to this matter.
Very truly
yours,
Robert C. Hawley
RCH/lab
Enclosures
cc: Mr. John Doninger
Mr. Ken Hesse
VIA FACSIMILE: 303-352-0242 Bruce T. Barker, Esquire
DONINGER\WELDCOUN\LETTERS\WEBSTER.1
8018385
Sheet 2 of 7
SCHEDULE A—Continued
2. Covering the Land in the State of Colorado, County of Weld
Described as:
A parcel of land located within Section 15 , Township 5 North,
Range 64 West of the 6th P.M. , being more particularly described
as follows:
BEGINNING at the South Quarter Corner of said Section 15 , and
assuming the South line of said Section 15 as bearing N90°0O' 00"W
with all other bearings contained herein relative thereto:
thence N01° 19 ' 06"W along the East line of the SW; of said -Section 15 ,
2233. 06 feet to the TRUE POINT OF BEGINNING,
thence• N01°19 ' 06"W along said East line, 396 .95 feet to the Center
Corner of said Section 15 ;
thence 589°48 ' 14"E along the South line of the W1 of the NE<,
1308 . 56 feet to the Southeast corner of said W'NEa;
thence N01°42' 58 "W along the East line of said W'NE≤, 1821 . 46 feet
to a point on the North bank of the main channel of the South Platte
River as located on March 18 , 1985;
thence along said North bank of the main channel of the South Platte
River as located on March 18 , 1985 by the following 5 courses and
distances:
N60°34 ' 18"W, 121. 97 feet;
N54°53 ' 36"W, 334 . 57 feet;
N86°28 ' 09"W, 485. 45 feet;
565°13 ' 05"W, 367 . 29 feet;
546°47 ' 01"W, 135 .42 feet to a point on the West line of the W'NE;;
thence S01°19 ' 06"E along said West line, 537 .36 feet to the North-
east corner of the S'-SNWo; •
thence N89°42'26"W along the North line of said S'NW≤, 2598 .70
feet to the Northwest corner of said S1/2NWa;
thence S01°31' 20"E along the West line S1/2NWa, 315 .53 feet;
thence S47 '53109"E, 524 .24 feet;
thence 519°56' 42"E, 54 .36 feet;
thence 558°01 ' 24"E, 190. 54 feet;
thence S46°30' 21"E, 119 .87 feet; .
thence 558°42' 39"E, 150 . 95 feet;
thence $65 °11 ' 48"E, 190 . 10 feet;
thence 559°42 ' 00"E, 175.38 feet;
thence 569°03 ' 29"E, 60. 09 feet;
thence 578° 16 ' 23"E, 179 .08 feet;
thence N87°33' 33"E, 78 .71 feet;
thence N68°35 ' 57"E, 133 . 44 feet;
thence $62 °17 ' 10"E, 1233 .35 feet to the TRUE POINT OF BEGINNING,
•
•
8018385
Sheet 3 of 7
SCHEDULE A—Continued
Legal Description - continued . .
TOGETHER WITH an easement 20 feet wide along the East 20 feet
of the Ell of the SW1 of Section 15, Township 5 North, Range
64 West of the 6th P.M. , for ingress and egress.
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y MAY - 21 - 94 SAT 1 23 S O U T H M O O R S I G N r GRAPHICS P . 01
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41V-r, tiq•,-,c1 rs 'y.r
NOTICE r ,r x ei ' '
OF THE NEED FOR CONTROL OR ERADICATIO M}hI It>A t
t 4, ti
OF NOXIOUS WEEDS g'a*4°4
ry ,qtr .d`
flat vs 9''i t `, fg,k
John A. Doninger iPw � - ., ' µ'
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3997 South Magnolia Way rte: rPt/'''�I �` `^�} ��'�
Denver, CO 80237 TC'x `6#a .^ •r i F.:, 9
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Be advised that I,. Ken Hesse, Weed Control Field Technician, •ere•y give
you notice in accordance with Section 35-5.5-109, CRS (Colorado Weed Management
Act), of the presence of noxious weeds, specifically MUSK THISTLE (Carduus
nutans), CANADA THISTLE (Cirsi um ?) and LEAFY SPURGE ( phOtbia sula), on
describon
a parcel of land which is owned, leased, and/or occupied by you, and
as follows:
Legal: T5N R64W SEC 15 S2NW4W2NE4 and NE4SW4
Parcel: 096315000032
When musk thistle is in the rosette stage and leafy spurge and canada
thistle are in the bloom stage it is the optimum time for control measures to be
implemented. The best methods of control is to use herbicides that are labelled
for the specific weed and site, or by mechanical methods, such as mowing two or
thre times dring the ust e youe needhelpu withherbiciderreocmmendati wand rates1,tpleaas going
please call at 356-4000,
ext. 4483.
If you do not comply
with the aforementioned required by y 22, 1994,
to keep the plants from prod
ucing viable seed, I will ask the Weld County Board n such to control such
of County Commissioners pursuant to Section 35-5.5-109(5a) ,entry
CRS,- atlyour expense. as
noxious weeds,
provided in Section 35-3,5-109(5a), CRS.
Ke se
Weed Control Field Technician
May 12, 1994
,MAY -21 - 9 .4. SAT 10 : 24 SOUTHMOOR U T H M O O R S IG N A L G R A F' H ICS F' - 0 .2
COMMERCIAL APPLICATORS FOR WEED CONTROL AND MOWING COMPANIES
Comserciai Applicators
Mowing Companies
AAA Weed Control Custom Services of Colorado
Lee Pruden Mark Buckley
620 Colli C 1550 17th Ave.
F . Collins,, C080526 Longmont, CO 80501
F3. (303) 532-2935
(303) 223-9104
Colorado Vegetation Management Boyd Arnold
Bryce Fast 28667 WCR 20
12710 N. Roundup Rd. Keenesburg, CO 80643
732-4888
Parker, CO 80134 381-5948 (Mobile)
(303) 840-8242
Tabor Management Services
Brian Burnett
3918 N. 119th Street
Lafayette, CO 80026
(303) 775-0900 (Mobile)
This list is provided as a reference
enly an your yellow entei
d no es intended.inOther cottmecial applicators may be listed
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