HomeMy WebLinkAbout960128.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING DUST BLOWING COMPLAINT FOR PROPERTY IN
NW1/2, S18, T7N, R59W - ROTH AND WAVE
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 NW'/ of Section 18, Township 7 North, Range 59 West of the 6th P.M., Weld County,
Colorado, said property being owned and/or operated by Bob Roth and Amber Wave, 25540
Highway 392, Greeley, Colorado 80631, 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 February 5, 1996, at which time the Board made no Findings of Fact
and Order and, therefore, deemed it advisable to dismiss said matter, and
WHEREAS, Bob Roth and Amber Wave, the landowners and/or operators, were not present
at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the dust blowing complaint for property located in the NW'% of Section 18,
Township 7 North, Range 59 West of the 6th P.M., Weld County, Colorado, said property being
owned and/or operated by Bob Roth and Amber Wave, be, and hereby is, dismissed.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 5th day of February, A.D., 1996.
AS La BOARD OF COUNTY COMMISSIONERS
WEt_D COUNTY, COLORADO
1;? N /Barbara J. KirkmeyeT, Chair 7
Id _' to the oar
orgetE. Baxter, ro- m
BY: - \C
eputy Clerk to the Board
Dale K. Hall
RO ED AS
Constance L. Harbert
ountyAttu y f/ ./,A (� � �' ^L
W. H. Webster
e_: EXI.CA)i kart//e/live"Le ven3oot; NRCS 960128
EX0011
United States NATURAL RESOURCES 4302 W. 9th Street Road
Department of CONSERVATION Greeley, CO. 80634
Agriculture SERVICE phone (970) 356-6506
DATE: February 1, 1996
r TlG ,-r,7
i
Bruce T. Barker
Weld County Attorney `L3 0 5 1996
Office of the County Attorney
P.O. Box 1948 :J C .liJf TY
Greeley, Colorado 80632 ( Al ic)RNEVS C
RE: Dust Blowing Complaint for property located in the North West
Quarter of Section 18, Township 7 North, Range 59 West of the 6th P.M. ,
Weld County, Colorado.
Dear Mr. Barker,
As requested, a discussion with the owner-operator was carried out on
January 26, 1996 to review conditions currently existing on the North
West Quarter of Section 18 . The field is in a wheat-fallow rotation and
the western part of the field shows signs of soil movement due to wind
erosion. Emergency tillage, employing chisels, has been used with
limited success, since the soil is dry and frozen.
We discussed wind erosion control options with the operator. Without
being able to form ridges and clods a tillage operation will have short
lasting positive effects. The possibility of applying manure or crop
residues is being looked into by the operator. Freight on manure may be
cost prohibitive and crop residues would need to be crimped in to stay
in place, which would be difficult with the ground frozen.
Considering the situation as stated above, and the fact that the erosion
has not destroyed the wheat plants, our recommendation at this time is
to monitor the situation and attempt further emergency tillage if future
wind events cause soil movement.
Sincerely,
Raymond P. Mowery
Soil Conservationist
OFFICE OF COUNTY ATTORNEY
PHONE (970) 356-4000 EXT.4391
FAX (970) 352-0242
P.O. BOX 1948
GREELEY, CO 80632
WUDc.
COLORADO January 26, 1996
CERTIFIED MAIL
Bob Roth Amber Wave
25540 Highway 392 25540 Highway 392
Greeley, CO 80631 Greeley, CO 80631
RE: Dust Blowing Complaint for Property Located in the NW2 of Section 18, Township 7,
Range 59 of the 6th P.M., Weld County, Colorado
Dear Ms. Wave:
The Board of County Commissioners of Weld County, Colorado has been informed that dust is
blowing from a parcel of land owned or operated by you, as hereinabove described. According to
the information received, the soil is moving from said parcel and is causing damage to surrounding
properties. Pursuant to Section 35-72-102(b), 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 Monday, February 5, 1996 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.
The Board requested an inspection of the above-described property and the inspector may be present
at the meeting in order to inform the Board of what the inspection revealed and recommend
treatment of the property. 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.
Si erel
Y,
ce T B ker
Weld County Attorney
960128
Kit6 OFFICE OF COUNTY ATTORNEY
PHONE (970) 356-4000 EXT.4391
FAX (970) 352-0242
P.O. BOX 1948
GREELEY, CO 80632
C.
COLORADO January 26, 1996
Ray Mowery
West Greeley Soil Conservation Service
4302 W. 9th Street Road
Greeley, CO 80634
RE: Dust Blowing Complaint for Property Located in the NW2 of Section 18, Township 7,
Range 59 of the 6th P.M., Weld County, Colorado
Dear Mr. Mowery:
As per the telephone conversation between Diane Beckman, Paralegal of the Weld County
Attorney's Office and Dave Sharman on January 23, 1996, the Board of County Commissioners has
received a dust blowing complaint for property located in the NW2 of Section 18, Township 7,
Range 59 of the 6th P.M., Weld County, Colorado.
It is my understanding that you or someone from your office will inspect the property and report
back to the Board. Your report will include what the inspection revealed and will recommend
remedial action to be performed by the owner and/or occupier. Please note that the hearing
concerning the dust blowing complaint before the County Commissioners has been set for Monday,
February 5, 1996 at 9 a.m. Therefore, I would like to receive this report by Thursday, February 1,
1996 so that I may confirm the complaint and have the information ready for the Board's meeting.
If you should have any questions or comments concerning this letter, please feel free to call me at
(970) 356-4000, Extension 4390.
i
Sincerely, ' .
(
l nice T. Barker 'r
Weld County Attorney
960128
6 OFFICE OF COUNTY ATTORNEY
PHONE (970) 356-4000 EXT.4391
(it
FAX (970) 352-0242
P.O. BOX 1948
GREELEY, CO 80632
WIIDC January 26, 1996
COLORADO
Mike Livengood
40501 WCR 113
New Raymer, CO 80742
RE: Letter Concerning Dust Blowing Complaint
Dear Mr. Livengood:
The County Attorney's Office has received your letter concerning dust blowing from a parcel which
is located in the NW2 of Section 18,Township 7, Range 59 of the 6th P.M., Weld County, Colorado.
An inspection will be conducted by the West Greeley Soil Conservation Service. The parcel is
owned and operated by Bob Roth and Amber Wave.
The Board will hear the matter of your complaint at its regularly scheduled meeting on Monday,
February 5, 1996 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. The owners have been
advised of this meeting and you also may attend in order to offer any other comments concerning
this complaint. The West Greeley Soil Conservation Service may be at this meeting to advise the
Board of their observations during the inspection.
If you have any questions, please contact this office at 356-4000, extension 4391.
Sincerly,
ee T. Bar)<ei
Weld County Attorney
960128
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