HomeMy WebLinkAbout981068.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING DUST BLOWING COMPLAINT - RINUS
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., as amended, that dust is blowing
from property located on the east side of Weld County Road 5, North of Weld County Road 52,
Weld County, Colorado, said property being owned and operated by Gene and Cynthia Rinus,
25172 Weld County Road 53, Kersey, Colorado 80644, 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 June 24, 1998, at which time the Board deemed it advisable to
dismiss said matter, and
WHEREAS, Gene Rinus, the landowner and operator, was 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 on the east side of
Weld County Road 5, North of Weld County Road 52, Weld County, Colorado, said property
being owned and operated by Gene and Cynthia Rinus, be, and hereby is, dismissed.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of June, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: I�Oi,,=,; % (1/12-094-7= tea
1 Constance L. Har rt,
Weld County Clerk Tr,' kit GI _0=522
�.�0 .,W _c W. H. bster, ro-Tem
BY: lilt _ '
Deputy Clerk to the^T '
orge . Baxter
OV AS T •
Dale I . Hall
ounty A torne itALL,
arbara J. Kirkmeyer
981068
EX0018
CC : CFAJ .0l l �n.�' /kndOwne c' eying j.
c;;;:s OFFICE OF COUNTY ATTORNEY
PHONE (970) 356-4000 EXT.4391
FAX (970) 352-0242
915 TENTH STREET
P.O. BOX 1948
GREELEY, CO 80632
"RiC.
COLORADO June 15, 1998
CERTIFIED MAIL
Gene and Cynthia Rinus
25172 WCR 53
Kersey, CO 80644
RE: Dust Blowing Complaint for Property Located on the East Side of Weld County Road 53 North of
Weld County Road 52, Weld County, Colorado
Dear Mr. and Mrs. Rinus:
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 herein above described. According to the information received, the soil
is moving from the parcel and is causing damage to property owned by Ms. Ruby Shaffer. 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, June 24, 1998, 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 Beim rrgqrr str l ?" tosp,:rtinn of the Tho e,,des cribed property and the inspector will be presentai tl:;
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.
Sin rely,
Bruce T.Barker
Weld County Attorney
BTB/db:Let/Shaffer
981068
OFFICE OF COUNTY ATTORNEY
PHONE (970) 356-4000 E1
FAX (970) 352-0242915 TENTH STREET P.O. BOX 1948
' GREELEY, CO 80632
• June 15, 1998
COLORADO
U.S. Department of Agriculture
West Greeley Soil Conservation Board
4302 W. 9th Street Road
Greeley, CO 80634
Attention: Mike Shay
RE: Dust Blowing Complaint for Property Located on the East Side of Weld County Road 53 North of
Weld County Road 52,Weld County, Colorado
Dear Mike:
The Board of County Commissioners has received a dust blowing complaint for property located on
the Ease side of Weld County Road 53 North of Weld County Road 52, Weld County, Colorado.
The property is owned by Gene and Cynthia Rinus. Mrs. Ruby Shaffer is the complaintant. She
lives at 26441 Weld County Road 52,Kersey, Colorado. Her telephone number is(970) 353-5119.
The Board would appreciate having either you or someone from your office inspect the property and
report back to the Board. Your report should include what the inspection revealed and will
recommend remedial action to be performed by Mr. and Mrs. Rinus. Please note that the hearing
concerning the dust blowing complaint before the County Commissioners has been set for Monday,
hme 74, 1°98 at 9.00 a-m._T i.re-fere,I.avould like to receivitthis_repertby-Eriday;,7.une_19, 1. 8
so that I may confirm the complaint and have the information ready for the Board's meeting. I would
like to request that you be available at the hearing to report your findings.
If you should have any questions or comments concerning this letter, please feel free to call me at
(970) 356-4000, Extension 4390.
Sincerely,
Bruce T. Barker
Weld County Attorney
(fei OFFICE OF COUNTY ATTORNEY
PHONE (970) 356-4000 EXT.4391
S FAX 352-0242
915 TENTH STREET
P.O. BOX 1948
' GREELEY, CO 80632
C.
COLORADO June 15, 1998
Ruby Shaffer
26441 WCR 52
Kersey, CO 80644
RE: Letter Concerning Dust Blowing Complaint
Dear Mrs. Shaffer:
The County Attorney's Office has received your telephone complaint concerning dust blowing from
a parcel which is located on the East Side of Weld County Road 53 North of Weld County Road 52,
Weld County, Colorado. An inspection will be conducted by the West Greeley Soil Conservation
District. The parcel is owned by Gene and Cynthia Rinus.
I request that you send a letter to me describing the dates and places of the blowing,and any damage
which may have occurred as a result. Please send the letter to: Bruce T. Barker, P.O. Box 1948,
915 10th Street, Greeley, Colorado 80632.
The Board will hear the matter of your complaint at its regularly scheduled meeting on Monday,June
24, 1998, at 9:00 a.m. The meeting will take place in the First Floor Meeting Room, Weld County
Centennial Center Complex, 915 Tenth Street, z, been advised of this
The West and o Soil May
Conservation District offer any at h rsrme mentso ands ng this .
meeting you also ma attend�m order to other comments concerning this complaint.
Greeleythe Board of their.
observations during the inspection.
If you have any questions, please contact this office at 356-4000, Extension 4391.
Sii)cerely,
nice T. parker
/ Weld County Attorney
9,/04
WEST CREELEY
SOIL CONSERVATION DISTRICT -n r '
nvsr2Va1'Irrn 4302 WEST 9TH STREET ROAD
CREELEY, COLORADO 80634 1" r7
(970) 356-6506
CLE:(
June 18, 1998
Constance Harbert, Chair
Weld County Board of Commissioners
915 Tenth Street
Greeley, CO 80632
Ms. Harbert:
Acting on behalf of the Board of Supervisors of the West Greeley Soil Conservation District, I made
a site visit to the property of Ruby Shaffer, 26441 CR 52, Kersey, CO in regards to the recent dust-
blowing complaint she filed against Gene and Cynthia Rinus. Mrs. Shaffer showed me the fence line
separating her property from Mr. Rinus's property. The entire fence line is drifted with 3-4 feet of sand.
The fence to the west of her property, belonging to another neighbor, is drifted in as well. Mrs. Shaffer
stated that Mr. Rinus tills his property to keep down the weeds and the lack of cover results in blowing
sand. She stated that she is concerned about the imminent sale of the property and fears the land will
continue to blow.
I then visited with Mr. Rinus. He stated he suffered a crop failure several years ago and has not
planted the field to crops since. He also stated he had planned to drill the tract to Sudangrass this
year and then plant it to pasture grass, but has put the property up for sale and intends to move out of
state and probably will not plant anything. He does disk the property to keep the weeds down.
The tract of land in question is approximately 8 acres in size. It currently has a healthy crop of
native sunflower and annual weeds. The land immediately surrounding the property is in grass, so
there is no doubt the sand drifts in the fence row came from Mr. Rinus's property. Mrs. Shaffer stated
she would be happy in Mr. Rinus would remove the drifts from the fence line so she could utilize the
pasture to the east. She has been unable to do so as livestock could easily walk up the sand drifts
and over the fence. Mr. Rinus stated that he would gladly use his equipment to clean the sand from
the fence line if that would solve the problem.
As for remedial action, the stand of weeds currently in place will control erosion for now. If the
neighbors find the weeds offensive, they could be mowed to 10-12" in height. A stand of sterile
sorghum or other cover crop could still be planted (until July 15), perhaps even into the standing weed
cover to provide residue over the winter or until grass could be planted this fall or early spring. I would
not recommend bare tillage for this tract, as the blowing may commence again if the cover crop fails.
Deep chiseling should not be performed and a heavy application of manure should only be used as a
last resort due to the proximity of the other homes in the area.
I will be unable to attend the hearing on June 24th
Sincerely,
ilia • a . . Qt. 4OL
Michael G. Shay
District Manager cc: Bruce Barker
l8/O10k
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