HomeMy WebLinkAbout981657.tiff OFFICE OF COUNTY ATTORNEY
PHONE (970) 356-4000 EXT.4391
scOirreHt
FAX (970ENT STREET
915 TENTH STREET
P.O. BOX 1948
' GREELEY, CO 80632
C. August 11, 1998
COLORADO
David M. Swank, Esq.
Wade, Ash, Woods, Hill & Farley, PC
Cherry Creek Centre
360 S. Monroe Street, Suite 400
Denver, CO 80209-3709
RE: Property Located in Section 18,
Township 8 North, Range 60 West of the
6"'P.M., Weld County, Colorado
Dear Mr. Swank:
This letter is in response to your letters of July 10, 1998, and August 10, 1998, regarding the
property located in Section 18, Township 8 North, Range 60 West of the 6th P.M., Weld
County, Colorado. The property is owned by the Raymond Wayne Thomas and Ronald W.
Thomas Charitable Remainder Trust, and Colin P. Lindsey. It is my understanding from your
August 10, 1998, letter, that Mr. Jim Webster has been appointed by the Weld District Court
as the Successor Trustee for the Thomas' Charitable Remainder Trust.
Your July 10, 1998, letter correctly states that the Findings and Order of the Board of County
Commissioners regarding the dust blowing complaint on the above referenced property did
not set a completion date. A copy of the Findings and Order and the accompanying
Resolution are enclosed. Also enclosed are a copy of the letter from Michael G. Shay,
District Manager, West Greeley Soil Conservation District, and a letter from Gerald Kummer
and Portia Kummer regarding the property.
Mr. Shay's letter recommends that the property be remediated by either allowing the weeds
and vegetation to grow, or by placing municipal sludge or manure on the surface. The Board
of County Commissioners required the latter in its Finding and Order.
I have spoken with Mrs. Beryl Criswell of Briggsdale about the current status of the property.
Mrs. Criswell reports that the weeds and vegetation have grown sufficiently so that the dust
blowing has been eliminated. The concern now, however, is that the accumulation of weeds
will present a nuisance for adjacent lands. Additionally, the damages issues raised by the
Kummers in their May 29, 1998, remain.
981657
67:41.9 g Exoon
David Swank, Letter
August 11, 1998
Page 2.
I will send a copy of this letter to Mr. Webster. I will also send him any future
correspondence regarding dust blowing or other compliance issues regarding the property.
Thank you for your assistance in this matter.
Sincerely,
ruc T. Bar er —`--
Weld Count Attorney
BTB/db:Let/Swank
Enclosures
pc: Clerk to the Board
Jim Webster
t.
' JUN 0 1 1998
.i
a T-��?Rr�E'Y s CF <C May 29, 1998
Bruce Barker
Greeley,
Colo .
Dear County Attorney,
We are writing in concern of the farm ground in our
area, which is owned by the Thomas Brothers from Fort
Morgan, Colo . We own one and one quarter section ( 8-
61-23 and 8-61-sw 1/4 24 ) . Their ground adjoins us
on the north side of our property. We also lease 2 pieces
of ground-one of which is sourrounded on every side by
their ground and the other has their ground on 3 sides
of the property.
For 10 plus years we have battled weeds , fences being blown
down from their weeds , blowing dirt and fences covered
with dirt. Their farming practices are very poor and
show no consideration for the local residents . This has
caused us many hours of manual labor, year after year.
Our home is full of dust every winter and spring . Our
livestock are forced to breath this dust every year.
The stress is very high each year as we struggle to fix
fences and deal with our grass being covered with their
dirt , only to return in a crop of weeds instead grass ,
knowing we can do nothing about it .
This year their wheat is extremely poor. The weeds are
flourishing and again no one has been here to till the
ground. We would greatly appreciate anything that could
be done to correct this yearly problem.
Ve�7ply,
Gerald Kummer
Portia Kummer
44376 w.c.r. 95
Briggsdale ,
Colo.
80611
WEST GREELEY
SOIL CONSERVATION DISTRICT
(1v,r k,v v "'` 4302 WEST 9TH STREET ROAD
GREELEY, COLORADO 80634
(970) 356-6506
May 21, 1998
Connie Harbert, Chair
Weld County Commissioners
915 10th St.
Greeley, CO 80631
Ms. Harbert:
The West Greeley Soil Conservation District has completed its review of a dust blowing complaint
on Section 18, Township 8 North, Range 60 West. The land in question is owned by the Thomas
Trust but at this time we are unable to establish current management.
The land currently does not have enough residue to control soil erosion. There is no growing crop.
The soil is fluffy and dry and we do not feel surface roughening and ridging will provide a stable
surface to prevent blowing. One option would be to let the current vegetation and weeds grow to
provide cover. Another option would be to surface apply municipal sludge and/or manure to provide
enough residue to reduce erosion. This is an ideal location for sludge application, much better than
most of the sludge sites we review.
I will not be able to attend the hearing on June 1.
Sincerely,
Michael G. Shay
District Manager
cc: Bruce Barker l\}
91/(0.x'1
OFFICE OF COUNTY ATTORNEY
PHONE (970) 356-4000 EXT.4391
FAX (970) 352-0242
915 TENTH STREET
' P.O. BOX 1948
GREELEY, CO 80632
C. August 11, 1998
COLORADO
Colin P. Lindsey
14314 W. 89`" Street
Lenexa, KS 66215
RE: Properties Located in Weld County,
Colorado
Dear Mr. Lindsey:
Enclosed please find copies of the following:
A. Resolution and attached Findings and Order concerning a dust blowing
complaint on property located in Section 18, Township 8 North, Range 60
West of the 6th P.M., Weld County, Colorado.
B. Two reports showing the amounts of gravel hauled from the Thomas Pit in
Weld County, Colorado, through July 17, 1998.
The matter regarding the dust blowing complaint on Section 18-8-60 was heard by the Board
of County Commissioners of Weld County on June 3, 1998. I had given notice of the hearing
to a relative of yours, Kevin Lindsey, prior to date of hearing. The notice was by telephone
call. Please note that the Findings and Order requires the application of municipal sludge or
manure to the property to provide enough residue to reduce erosion. This requirement was
based upon the letter dated May 21, 1998, from Michael G. Shay, District Manager, West
Greeley Soil Conservation District, a copy of which is enclosed. Mr. Shay's letter said that
either the application of municipal sludge or manure, or allowing weeds and vegetation to
grow would remediate the dust blowing situation. Please be advised that I have spoken with
Mrs. Beryl Criswell of Briggsdale, Colorado, who reports that the weeds have grown
sufficiently on the property to reduce or eliminate the dust blowing. The concern now,
however, is that the weeds will grow to a level which will create a nuisance for adjacent
landowners. Also enclosed is a copy of a letter dated May 29, 1998, from Gerald and Portia
Kummer which details the weed and dust blowing situations.
I have mailed a copy of the Resolution to Mr. David Swank, attorney for the Thomas
brothers. It is my understanding that he is neither the attorney for the Ronald W. Thomas and
Raymond Wayne Thomas Charitable Remainder Trust, nor for you. It is also my
understanding that the Successor Trustee is Mr. Jim Webster, 1559 Logan, Denver, CO
80203.
Colin Lindsey, Letter
August 11, 1998
Page 2.
Although the dust blowing situation for the property located in Section 18-8-60 appears to
have been taken care of, Weld County will consider you as one of the parties responsible for
taking care of the property if the dust blowing should occur again in the future. I respectfully
request that you contact Mr. Shay if you have any questions regarding the dust blowing
situation, and the Kummers for information as to how their damages may be remediated.
As for the gravel hauling from the Thomas Pit, it is my understanding that you either will or
have received your thirty per cent share of the royalties. The enclosures concerning the
Thomas Pit were sent to me by the Weld County Public Works Department. I now send you
these copies in response to your July 7, 1998, letter.
If you should have any questions regarding this letter or the enclosed, please feel free to call
me at (970) 356-4000, extension 4390.
,ncerely,1
7 Bruce T. Barker
Weld County Attorney
BTB/db:Let/Lindsey
Enclosures
pc: Clerk to the Board
Jim Webster
-apr-1998 Public Works Department Page: 1
Report(EDP 261) -- 1998 Year to Date Resource Usage Summary -- Monthly Trend
pe:—RCRUSH0021-CRUSHED THOMAS PIT HAULED OU-USAGE EXPENDITURES -NON-PRODUCTIVE
age Units: Ton Month Quantity $ Cost I/A $ Y.T.D. 5/H Unit Usage 6
March 9573 15795 100 15795 0 0
YTD Actual: - 9573 15795=(A) 1%/C •
Budget: =(H) 0%/D
Y.T.D. Actual for all Types: 2066859=(C)
Budget for Year: =(D)-
9 5 _13 toys 1, 3 ' X7.363. fdy / t (( / 99e
73 1;3.gs yds = 3 3 /3.73
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7-jul-1998 Public Works Department Page: 1
Report(BDP 261) -- 1998 Year to Date Resource Usage Summary -- Monthly Trend
ype:—RCRUSH0021-CRUSHED THOMAS PIT HAULED OU-USAGE EXPENDITURES -NON-PRODUCTIVE-
sage Units: Ton Month Quantity $ Cost %/A $ Y.T.D. %/B Unit Usage %
March 9573 15795 99 15795 0 0
June 120 198 1 15993 0 0
YTD Actual: 9693 15993-(A) 9/C
Budget: -(B) 04/D.
Y.T.D. Actual for all Types: 7819409=(C)
Budget for Year: =(D)
Ia° +n)‘,3 = 13 = ei(D• 3( d c \... u.t.-& 199$
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