HomeMy WebLinkAbout990890.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING DUST BLOWING COMPLAINT - SW'/a, S36,
T5N, R65W
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), C.R.S., that dust is blowing from property
located in the SW%, Section 36, Township 5 North, Range 65 West of the 6th P.M., Weld
County, Colorado, said property being owned and/or operated by Gerald Monroe, 24392 Weld
County Road 47, LaSalle, Colorado 80645, 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 the 21st day of April, 1999, at which time the Board made
Findings of Fact, pursuant to Section 35-72-101(1), C,R.S., and
WHEREAS, Gerald Monroe, the landowner, was present at said hearing and offered
testimony that he has performed planting and cultivation on said property to the extent that such
dust blowing will be unlikely to occur in the future, and
WHEREAS, no other testimony was offered, and
WHEREAS, the Board deems it advisable to dismiss said dust blowing complaint for the
reasons stated in the Findings and Order of the Board attached hereto.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Chair of the Board is authorized to sign said Findings and
Order and that said dust blowing complaint be, and hereby is, dismissed.
C
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Cl EX001�8
DUST BLOWING -SW'/., S36, T5N, R65W
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of April, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
D COUNTY,�DO
L
ill
ATTEST: /� ►/ �.l!:r �%
Dale K. Hall, Chair
Weld County Clerk to thq Bo d >
AL EXCUSED DATE OF SIGNING (AYE)
�� i `tU- Barbar J. Kirkmeyer,Pro-Tem
BY: G�-[7te., '!� �� C /'
Deputy Clerk to the s;�?fq -�
Qj �v t Georg E. B ter
APP D AS a FORM: %
i' . J. eile
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my Attorney /C,&141,/ 7� <
il�
Glenn Vaad�
990890
EX0018
FINDINGS AND ORDER OF THE
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
WHEREAS, the Board of County Commissioners of Weld County, Colorado has been
informed, in accordance with Section 35-72-103(1), C.R.S., that dust is blowing from the
following described parcel of land: SW%., Section 36, Township 5 North, Range 65 West of the
6th P.M., Weld County, Colorado, and
WHEREAS, said parcel is owned by Gerald Monroe, 24392 Weld County Road 47,
LaSalle, Colorado 80645, 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 the 21st day of April, 1999, and Gerald Monroe was notified of
said hearing by notice sent by certified mail on April 9, 1999, which was received April 15, 1999,
and
WHEREAS, the following persons were present at said hearing: Gerald Monroe, Sr. and
Gerald Monroe, Jr., and
WHEREAS, at said hearing, the Board made the following findings, pursuant to
Section 35-72-103(1), C.R.S.:
1. That soil is not blowing from the land in sufficient quantity to be injurious to
private property including, but not limited to, crops, grasslands, fences, fence
rows, irrigation canals, ditches, or livestock on adjacent or other land, or to
roads, borrow ditches, fences or other public property.
2. That an emergency does not exist.
3. That the operation has been in existence for more than one year and the
operation is not negligent.
4. That such blowing has been prevented or materially lessened by treatment of the
soil.
5. That property damage does not exist as a result of soil blowing.
IT IS HEREI3Y ORDERED by the Board of County Commissioners of Weld County,
Colorado, pursuant to Section 35-72-103(1), C.R.S., that said Dust Blowing Complaint is
dismissed.
990890
EX0018
DUST BLOWING -SW%, S36, T5N, R65W
PAGE 2
DATED THIS 21st day of April, 1999.
/
{/I / BOARD OF COUNTY COMMISSIONERS
ATTEST: AL I/ Joa,� WELD COUNTY, COLORADO
Weld County Clerk to the +;r� Nay. ;
By: �7A14, , By:, f; him A.K.'�/ttt tz L
Deputy Clerk to the Bob ® i w tncp �- i rbara J. Kirkmeyer,/ hair Protrm
990890
EX0018
WELD COUNTY ATTORNEY'S OFFICE
Le....%;sss„\ PHONE: (970) 356-4000, EXT. 4391
FAX: (970) 352-0242
915 TENTH STREET
P.O. BOX 1948
11131111
GREELEY, COLORADO 80632
c,
COLORADO
April 9, 1999
Clayton Holmes
23140 WCR 50
La Salle, CO 80645
RE: Dust Blowing Complaint
Dear Clayton:
Enclosed is a copy of a letter I have sent to Gerald Monroe regarding the dust blowing complaint for
the property located in the SW4 of Section 36, Township 5 North, Range 65 West of the 6th P.M.,
Weld County, Colorado.
The Board will hear the matter of your complaint at its regularly scheduled meeting on Wednesday.
April 21, 1999, at 9 00 a.m. You may attend the Board's meeting in order to offer arty comments
concerning this complaint.
If you have any questions, please contact this office at 356-4000, Extension 4391.
Very truly yours,
Brace T. Barka L
Weld County Attorney
Enclosure
pc: Mike Shay
Clerk to the Board
990890
WELD COUNTY ATTORNEY'S OFFICE
cte lt;r:,•\
PHONE: (970) 356-4000, EXT. 4391
FAX: 352-0242
9
1 915 TENTH STREET P.O. BOX 1948
GREELEY, COLORADO 80632
WIDC:
COLORADO
April 9, 1999
CERTIFIED MAIL
Gerald Monroe
24392 WCR47
La Salle, CO 80645
RE: Dust Blowing Complaint for Property Located in the SW4 of Section 36, Township 4 North, Range
65 West of the 6th P.M., Weld County, Colorado
Dear Mr. Monroe:
The Board of County Commissioners of Weld County,Colorado has been informed that dust is blowing from
a parcel of land owned by you, as hereinabove described. According to the information received from Mr.
Clayton Holmes, the soil is moving from the parcel and is causing damage to the road borrow pit and Mr.
Holmes'property. Pursuant to Section 35-72-102(6),C.R.S.,it is the duty of the owner or occupier of any land
in the State of Colorado to prevent soil blowing from such land.
The Board will hear the matter at its regularly scheduled meeting on Wednesday,April 21, 1999. at 9:00 a.m.
The meeting will take place in the First Floor Meeting Room,Weld County Centennial Center Complex, 915
Tenth Street,Greeley,Colorado. You may be,present at the meeting in order to give testimony relative to the
dust blowing problem.
I have asked Mike Shay, District Manager, West Greeley Soil Conservation District, to inspect the above-
described property and to provide a letter to the Board describing what the inspection revealed and
recommending treatment, if necessary. Pursuant to Section 35-72-103(1), C.R.S., the Board of County
Commissioners may order certain treatment of the parcel so as to reduce or abate the dust blowing therefrom.
If you have any questions concerning this matter, please contact this office at 356-4000, Extension 4391.
Very truly yours,
Bruce T. Barker
Weld County Attorney
pc: Mike Shay
Clerk to the Board
DATE: ',r ':1 / :7
TIME: /r • !•: ., /v1
DUST COMPLAINT -" `
Name, address, and telephone number of Complainant:
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Description of property from which dust is blowing (include legal description, if possible; at a
minimum, section quarter and roads):
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Date of blow: Af-'c;'5•'` -- _... 141,---1 /
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Description of damage to public or private property:
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Name, address, telephone number of owner or operator of property:
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Follow-up:
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WEST GREELEY
SOIL CONSERVATION DISTRICT
ONSER AT ION 4302 W. 9`h St. Rd.
Greeley, Colorado 80634-1398 itams
(970) 356-8097 # 3
wgscd@pawneenetcom
April 19, 1999 ; APR 2 1 1999
_
Weld County Commissioners c:LD COUNT'S
915 10`" St. r,rp,, :r..
:ion.--, mewe.,w.„, :,..>_.-_
Greeley, Colorado 80631
I have completed my review of the Dust Blowing Complaint for property located in the SW
1/4 of Section 36, Township 5 North, Range 65 West owned by Gerald Monroe. The parcel in
question is located on the very southwest corner at the intersection of CR 50 and CR 47. Mr.
Monroe has a small greenhouse facility and grows vegetables which leave very little residue on
the parcel. Mr. Monroe stated he had applied manure last winter and had disced it in. lie said
he could not find anyone to spread manure for him this spring. The parcel has now been tilled
and planted. Vegetative growth and irrigation will halt most further erosion this season unless
the abnormal winds continue.
There is a small amount of soil deposited in the borrow pits, but not enough to cause any
major damage. The property of the plaintiff, Mr. Holmes is directly across the road, downwind,
and slightly below the property. On a windy day some blowing sand would reach hi, property.
Solutions to the ''problem would be to spread mulch or manure on the surface after harvest and
not work the ground until just before planting. This soil type does not require numerous tillage
passes. A long tenn solution would be to plant a row of windbreak trees, preferable Rocky
Mountain Juniper of Eastern Red Cedar under fabric mulch on the north and west side. This
would provide a windbreak and also create a good microclimate for growing vegetables. A row
of fast growing shrubs such as Caragana or Sumac planted 4 feet apart on the south boundary of
the property would keep the soil from blowing across the road.
Sincerely,
' L4 ` it
Michael Shay
District Manager
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