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Home My WebLink About961155.tiff RESOLUTION RE: APPROVE FINDINGS AND ORDER CONCERNING DUST BLOWING COMPLAINT - S20, T2N, R62W(PEACOCK) 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 a parcel of land located in the N'ASE'% of Section 20, Township 2 North, Range 62 West of the 6th P.M., Weld County, Colorado, said property being owned by the estate of James H. Cooper and farmed by Ken Peacock, 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 July 1, 1996, at which time the Board made Findings of Fact pursuant to Section 35-72-101(1), CRS, and WHEREAS, Ken Peacock, the occupant/operator of said property, was present at said hearing, and WHEREAS, based upon said Findings of Fact, the Board did order that Mr. Peacock treat said property as described in the Findings and Order, a copy of which is attached hereto and incorporated herein by reference, within the time limits stated therein, and that he re- establish the roadway on the section line between Sections 20 and 21, Township 2 North, Range 62 West of the 6th P.M., Weld County, Colorado, so that it is passable for vehicles traveling north from Weld County Road 18 and to keep such access open and refrain from hindering such access in the future. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Chair of the Board be, and hereby is, authorized to sign said Findings and Order and that Ken Peacock be, and hereby is, ordered to perform the treatment upon the above described parcel as stated in the attached Findings and Order of the Board of County Commissioners of Weld County, Colorado. 961155 �,r ; FR) C'k P14-3 ; ienceck; �1�ooptr; Choneman;C7ariAr<< EX0017 DUST BLOWING COMPLAINT- S20, T2N, R62W (PEACOCK) PAGE 2 BE IT FURTHER RESOLVED by the Board that Ken Peacock be, and hereby is, ordered to re-establish the roadway on the section line between Sections 20 and 21, Township 2 North, Range 62 West of the 6th P.M., Weld County, Colorado, so that it is passable for vehicles traveling north from Weld County Road 18 and to keep such access open and refrain from hindering such access in the future. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of July, A.D., 1996. BOARD OF COUNTY COMMISSIONERS `r 1 "N, WED COUNTY, COLO DO ' I G b n"�— Barbara J. Kirkmeyer,,Chair }Netii duly • the Board ,� 1 i t / . "George Baxter, Pr -Te Deputy Clerk to the Board Dale K. Hall APP AST • CRS ) Constance L. Harbe 0 or �z { W. ,4 H.Lbster 961155 EX0017 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), CRS, that dust is blowing from the following described parcel of land: N'%SE'% of Section 20, Township 2 North, Range 62 West of the 6th P.M., Weld County, Colorado, and WHEREAS, said parcel is owned by the estate of James H. Cooper, P.O. Box 71, Roggen, Colorado 80652, and is occupied and/or operated by Ken Peacock, 8881 Weld County Road 77, Roggen, Colorado 80652, 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 July 1, 1996, the estate of James H. Cooper and Ken Peacock were notified of said hearing by certified mail on June 27, 1996, and June 20, 1996, respectively, and WHEREAS, the following persons were present at said hearing: Ken Peacock, occupant/operator; Joel and Linda Shoeneman, complainants; and Sylvia Gillen, Natural Resource Conservation Service, and WHEREAS, at said hearing, the Board made the following findings, pursuant to Section 35-72-103(1), CRS: 1. That soil is 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 exists. 3. That the operation appears to have been in existence for more than one year and the operation is negligent. 4. That such blowing can be prevented or materially lessened by treatment of the soil. Such treatment procedures are listed in a letter dated June 28, 1996, written by Ms. Sylvia Gillen, Resource Conservationist, U.S.D.A. Natural Resource Conservation Service, a copy of which is attached hereto as Exhibit "A". 5. That property damage appears to be resulting from soil blowing. 961155 EX0017 DUST FINDINGS - S20, T2N, R62W (PEACOCK) PAGE 2 IT IS HEREBY ORDERED by the Board of County Commissioners of Weld County, Colorado, pursuant to Section 35-72-103(1), CRS, that the occupant/operator of the parcel, Ken Peacock, shall perform the measures listed in Exhibit "A" as "Option 1" on the subject parcel no later than July 20, 1996. IT IS FURTHER ORDERED that Mr. Peacock is ordered to re-establish the roadway located upon the section line between Sections 20 and 21, Township 2 North, Range 62 West of the 6th P.M., Weld County, Colorado, so that it is passable for vehicles traveling north from Weld County Road 18 and to keep such access open and refrain from hindering such access in the future. DATED THIS 1st day of July, 1996. / \t BOARD OF COUNTY COMMISSIONERS TT �\ //AAWELD COUNTY, COLORADO ',Weh :County,Ulerk e Board / De rk to the Board Barbara J. Kirkmeyer, Chair 961155 EX0017 Ltl/Uh '9h 13:46 SUS 6391/hb ADAMS CUUUIY ESA -->IUM1/19/UJ3LUZ.4L Pg. Ill EXHIBIT "A" UNITED STATES Natural Resource 57 W. Bromley Lane DEPARTMENT OF Conservation Brighton, Co 80601 AGRICULTURE Service Phone: 659-7004 June 28, 1996 Weld County Attorney Bruce Barker 915 Tenth Street Greeley,CO 80632 Re. Dheenaman/Peacock Blowing Complaint. near Mr Barker, On June 25, 1996 I visited the property at Section 20, Township 2 North, Range 62 West in Weld County. The northern most part of the southeast quarter and the northern half of the section did show sign of blowing, with deposition along the eastern most fence line and into the adjacent pasture . There are two options for remedial action at this time . Option 1- would be to till and plant a sudex or sorghum sudangrass now. While the time is getting late for such a measure the area has received recent moisture and conditions would support such action. Option 2- The other alternative is to do timely weed control or tillage to prepare for wheat planting in late August or early September. While I don' t believe there is an immediate blowing danger the soils present on this sight are very sandy and the best suited vegetative cover is grass. To prevent future problems with blowing during dry years such as the two we just experienced planting this area back to grass would be preferable. In the event of future blowing problems that would be my recommendation. There has be some damage to the Shoenamens grass along the fence but with time it should recover. The owner Mr. James Cooper is recently deceased and the property is in an estate. �SincceerA- y, S}��lvia lien Resource Conservationist cc: Southeast Weld Soil Conservation District 961155 JUN 28 ' 96 15: 43 303 6591769 PRGE . 002 WELD COUNTY ATTORNEY'S OFFICE jte, © PHONE: (970) 356-4000, EXT. 4391 FAX: (970) 352-0242 915 TENTH STREET GREELEY, COLORADO 80632 virgig COLORADO June 27, 1996 CERTIFIED MAIL James H. Cooper P.O. Box 71 Roggen, CO 80652 RE: Soil Blowing from Property Located in East Half Northeast Quarter of Section 20, Township 2 North, Range 62 West of the 6th P.M., Weld County, Colorado Dear Mr. Cooper: The Board of County Commissioners of Weld County, Colorado has received a complaint from Joel and Linda Shoneman. The soil is blowing from property owned by you and farmed by Ken Peacock, located in the East half,Northeast Quarter of Section 20, Township 2 North, Range 62 West of the 6th P.M., Weld County, Colorado. The soil is blowing on the property owned by the Shoneman's and located in Section 21, T2N, R62W. Damage has been caused by the soil blowing on the property owned by the Shonemans, including the loss of a pasture. Please be advised that the Board of County Commissioners will consider the Shoneman's complaint in a hearing to be held on July 1, 1996. The hearing will be held in the Board's first floor meeting room at the Weld County Centennial Center Complex, 915 Tenth Street, Greeley, Colorado at 9:00 a.m. Mr. Peacock has been notified of this hearing by letter dated June 20, 1996. If you should have any questions regarding this letter, please feel free to call me at (970) 356-4000, extension 4390. Sirely, , ; nice T. Barker Weld County Attorney BTB/db:Let/Cooper pc: Clerk to the Board 961155 Kit • 0 OFFICE OF COUNTY ATTORNEY PHONE (970) 356-4000 EXT.4391 FAX (970) 352-0242 P.O. BOX 1948 ' GREELEY, CO 80632 C. June 20, 1996 COLORADO Joel and Linda Shoneman 2672 WCR 73 Roggen, CO 80652 RE: Soil Blowing Complaint Hearing Scheduled for July 1, 1996 Dear Mr. and Mrs. Shoneman: This letter is to confirm that the Board of County Commissioners of Weld County, Colorado, will consider your complaint regarding soil blowing from property located in Section 20, Township 2 North, Range 62 West of the 6th P.M., Weld County, Colorado. The Brighton Soil Conservation District has been informed of the complaint and Ms. Sylvia Gillen plans to inspect the property. She will present recommendations to the Board of County Commissioners as to what remedial measures may be performed to the property to reduce and/or alleviate the soil blowing. As we discussed in our telephone conversation, the Board's hearing on this matter is scheduled for July 1, 1996, at 9:00 a.m. The hearing will take place in the Board's first floor meeting room of the Weld Centennial Center Complex, 915 Tenth Street. Greeley, Colorado. If you should have any questions regarding this letter or the procedure for the soil blowing hearing, please feel free to call me at (970) 356-4000, extension 4390. Sincerely i 1 / 2 B T. Barker eld County Attorney BTB/db:Let/Shoneman pc: Clerk to the Board 961155 re. WELD COUNTY ATTORNEY'S OFFICE & I6c:, PHONE: (970) 356-4000, EXT. 4391 FAX: (970) 352-0242 915 TENTH STREET GREELEY, COLORADO 80632 IngC. June 20, 1996 COLORADO Ken Peacock 8881 WCR 77 Roggen, CO 80652 CERTIFIED MAIL RE: Soil Blowing From Property Located in Section 20, Township 2 North, Range 62 West of the 6th P.M., Weld County, Colorado Dear Mr. Peacock: The Board of County Commissioners of Weld County, Colorado, has received a complaint from Joel and Linda Shoneman that soil is blowing from property farmed by you and located in Section 20, Township 2 North, Range 62 West of the 6th P.M., Weld County, Colorado. The soil is blowing onto property owned by the Shonemans and located in Section 21, T2N, R62W. Damage has been caused by the soil blowing on the property owned by the Shonemans, including the loss of a pasture. Please be advised that the Board of County Commissioners will consider the Shoneman's complaint in a hearing to be held on July 1, 1996. The hearing will be held in the Board's First Floor Meeting Room at the Weld County Centennial Center Complex at 9:00 a.m. The procedures for the hearing are set forth in Sections 35-72-101, et seq., C.R.S. Those statutes prohibit owners of lands in Colorado from allowing soil from those lands to blow onto and cause damage to adjacent lands. The Board of County Commissioners will make a Findings of Fact and Order regarding the soil blowing. The order may include the requirement that you and/or the land owner perform remedial measures to stop the soil from blowing. The Brighton Soil Conservation Service has been informed of the soil blowing complaint and of the scheduled hearing. Ms. Sylvia Gillen plans to inspect the property and report back to the Board of County Commissioners as to what remedial measures are available and recommended. If you should have any questions regarding this letter, please feel free to call meat(970) 356-4000, extension 4390. _ _ Sincereler i ;Bruce T. Barker t----- — Weld County Attorney BTB/db:Let/Peacock pc: Clerk to the Board 961155 a WELD COUNTY ATTORNEY'S OFFICE („Vs'it PHONE: (970) 356-4000, EXT. 4391 FAX: (970) 352-0242 915 TENTH STREET GREELEY, COLORADO 80632 IDWriters Ext.: 4395 C. June 20, 1996 COLORADO Sylvia Gillen Natural Resources Conservation Service-Brighton Office 60 S. 27th Avenue Brighton, CO 80601 RE: Soil Blowing From Property Located in Section 20, Township 2 North, Range 62 West of the 6th P.M., Weld County, Colorado Dear Sylvia: This letter is to confirm our telephone conversation of Tuesday, June 18, 1996, in which we discussed a soil blowing complaint for Section 20, Township 2 North, Range 62 West of the 6th P.M., Weld County, Colorado. It is my understanding that the property which is blowing is the east half of the east half of Section 20, T2N, R62W. The property is farmed by Mr. Ken Peacock, whose address is 8881 WCR 77, Roggen, Colorado 80652. Mr. Peacock's telephone number is 849-5638. The soil blowing complaint was received from Joel and Linda Shoneman, whose address is 8672 WCR 73, Roggen, Colorado 80652. Their telephone number is 849-5259. They report that the soil has covered a pasture owned by them and located in Section 21, T2N, R62W. The hearing before the Board of County Commissioners in this matter will take place at 9:00 a.m. on Monday, July 1, 1996, in the Board's first floor meeting room, Weld Centennial Center, 915 Tenth Street, Greeley. Colorado. It is my understanding that you will inspect the property and report to the Board both in writing and in oral testimony at the hearing as to the following items: A. If there is evidence of soil blowing. B. If the soil blowing may he reduced and/or abated by certain remedial measures performed to the property. Those measures should be detailed. 961155 Ms. Gillen June 20, 1996 Page 2 C. The time frame as to when the remedial measures should be completed. D. If damages to adjacent properties have occurred as a result of the soil blowing. I respectfully request that we receive your written report no later than Friday, June 28, 1996. If you should have any questions regarding this letter or the procedures for the soil blowing complaint hearing, please feel free to call me at(970) 356-4000, extension 4390. Sincerely, /Bgruce T. BarkEr' Weld County Attorney BTB/db:Let/Sylvia pc: Clerk to the Board 961155 • fr • • • • .44 i 44. • 11 'Y . � . ••r , tiA l Md Y ' 4 YZ'"R k §x � 444' , q"� ats3 x «-sett` tip "9 _rte 961155 SEE ORIGINAL FILE FOR PHOTOS g_. L.;, a •••••-, inn YFi d fI cs4* '4, ry -,-,.. ,, . irk,. I e. "l a ,4,I N:i6' SJe -&I v I ,+�pP. 'l St en,,,,,,', P l _ -\/,,,S `,y too.;',/l- I 1. / f , - r "} aY ~. * ♦ { Paz s.t .' a Y —- L tp. 'YET sr: '� _ *lila' IF r.r ' • y - .. • N . .,_ rr� f ", �1� • - !y .. .. 961.153 e 4 yY ..-... A 'a l T f ,y� Jn ., .'Sad/` ._ yr 7:.. ...y / ( j y iktt •' '4.Y. p t gl a w r.".. - t M 'f sl" s4 awYy 'y ., `f' I ,. :ax y + S 5. q� v _ r ' w y i — ' F+� . �vF 4 44 C ?__. . „.. .. - \ • r0*i1 r-li Y " ,: � j• F . l,g , k k ;. 961155 r- M t� l S, A ....^ Y 4 111 ..k. a �. 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