HomeMy WebLinkAbout960853.tiff 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: Sections 1, 5, 12, 13, 25, 26, 27, and 28, Township 5 North, Range 61
West of the 6th P.M., Weld County, Colorado, and
WHEREAS, said parcel is owned by Wilbur D. Packard and Dorothy H. Packard, 310
Saddle Drive, Cheyenne, Wyoming 82009, 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 May 15 , 1996; the Packards, said owners, being notified of said
hearing through their son, Robert Packard, by certified mail on May 9, 1996, and
WHEREAS, the following persons were present at said hearing: Robert Packard, on behalf
of his parents; Attorney Theodore Demos, representing Robert Packard; and David Becker,
Operations Manager, Weld County Department of Public Works, and
WHEREAS, at said hearing, the Board made the following findings, pursuant to
Section 35-72-103(1):
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, livestock on adjacent or other land, roads, borrow ditches,
or other public property. Specifically, portions of Weld County Roads ("WCRs") 52,
89, and 97 are covered with blown soil and are impassable or are in a dangerous
condition for public travel thereon.
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,
as detailed in letters from Raymond Mowery, Soil Conservationist, U.S.D.A. Natural
Resources Conservation Service, dated March 19, 1996, and May 9, 1996, copies
of which are attached hereto and are referred to herein as Exhibits "A" and "B",
respectively, and/or by the remedial measure of digging ditches on the subject
parcels adjacent to the affected WCRs.
5. That property damage appears to be resulting from soil blowing. Specifically, the
above stated WCRs are covered with blown soil and will need to be bulldozed for
reopening.
960853
& ; f i,(KHpLJ5 [)Etvn.Sit thatLeX/ EX0011
DUST FINDINGS - SECTIONS 1, 5, 12, 13, 25, 26, 27, 28, T5N, R61W (PACKARD)
PAGE 2
IT IS HEREBY ORDERED by the Board of County Commissioners of Weld County,
Colorado, pursuant to Section 35-72-103(1), C.R.S., that the landowners are required to perform
the treatment on the subject parcels as is recommended in Exhibits "A" and "B" no later than
May 30, 1996, or to dig ditches on the subject parcels adjacent to WCRs 89, 52, and 97, or to
provide consent to the Weld County Department of Public Works to enter upon the subject parcels
so as to dig said ditches and, in such instance, to pay the costs thereof within thirty (30) days of
said work being performed.
DATED THIS 20th day of May, 1996.
L��, BOARD OF COUNTY COMMISSIONERS
sx c �� A WELD COUNTY, COLORADO
1£G' c ty Clerk to the Board
A:'0
,r LS Xtyx
®Uuty Cle o the Board Barbara J. Kirkmeyer, Chair
960853
EX0011
RESOLUTION
RE: APPROVE FINDINGS AND ORDER CONCERNING DUST BLOWING COMPLAINT -
SECTIONS 1, 5, 12, 13, 25, 26, 27, AND 28, TOWNSHIP 5 NORTH, RANGE 61 WEST
OF THE 6TH P.M., WELD COUNTY, COLORADO
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 Sections 1, 5, 12, 13, 25, 26, 27, and 28, Township 5 North, Range 61 West of the 6th P.M.,
Weld County, Colorado, said property being owned by Wilbur D. Packard and Dorothy H. Packard,
310 Saddle Drive, Cheyenne, Wyoming 82009, and
WHEREAS, the Board has caused an inspection of the above described parcels of land,
and
WHEREAS, pursuant to the information and the inspection referred to above, a hearing
before the Board was held on May 15, 1996, at which time the Board made Findings of Fact
pursuant to Section 35-72-101(1), and
WHEREAS,the landowners were not present at said hearing, but were represented by their
son, Robert Packard, who was represented by his attorney, Theodore Demos, and
WHEREAS, upon said Findings of Fact, the Board did order that the owners and/or
operators of said property, Wilbur D. Packard and Dorothy H. Packard, treat said property or pay
the costs of treatment 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.
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 Wilbur D. Packard and Dorothy H. Packard are ordered to perform the treatment upon the
above described parcel or pay for such treatment as performed by the Weld County Department
of Public Works, as stated in the attached Findings and Order of the Board of County
Commissioners of Weld County, Colorado.
BE IT FURTHER RESOLVED by the Board that such treatment shall be performed by the
landowners by May 30, 1996, or the landowners shall pay the full cost of such treatment as
performed by the Weld County Department of Public Works.
960853
EX0011
DUST BLOWING COMPLAINT- SECTIONS 1, 5, 12, 13, 25, 26, 27, 28, T5N, R61W(PACKARD)
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 15th day of May, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
..��, WELD COUNTY, COLO DO 4 ELI' w Barba J. Kirkmey r, Chair c-
'J3'- $I- ' •
o ty Clerk to the Board
(� ost:�<j� George'E. Baxter, Pro-Tem
__ 'eputy Cler . the Board FXCIISFn
Dale K. Hall
'ROVE S TO FOR g7on5T�vei� ��
Constance L. Harbe
unty Attorney —FXCI ISFn HATE f1F SIf;NINA (AYE)
W. H. Webster
960853
EX0011
United States NATURAL RESOURCES 4302 W. 9th Street Road
Department of CONSERVATION Greeley, Colorado 80634
Agriculture SERVICE phone --- (970) 356-6506
March 19, 1996
Bruce Barker
Weld County Attorney
P.O. Box 1948
Greeley, Colorado 80632 M1
MAR 2 0 1996
RE: Soil Blowing Problems Along County Roads
WELD COUNTY
9RNErS O
Dear Bruce,
Per your request for technical assistance on two areas of concern with
soil blowing problems and county road maintenance we have the
following recommendations.
The Packard site will be the hardest to fix and will require a
combination of solutions to correct the problem. The Packards have
been working with us to establish grass on several of the more
critical areas which will help to provide a long term solution, but
any short term fixes will probably be only marginally effective.
One alternative is be to keep the roads closed or partially closed
until the operator can plant a spring cover crop along the roadways .
The cover can be planted about mid May depending on the weather.
A second alternative is to get a temporary permit to apply domestic
sewage sludge on the site at a high enough rate to reduce the hazard
of soil blowing. This will probably require a cooperative effort
between the operator, the West Greeley Soil Conservation District, the
county, the state regulatory agency, and the waste haulers. Mike Shay
from the West Greeley SCD is making some contacts to see if we can use
this option. The surface applied waste would reduce the hazard of
erosion until the operator can start planting spring cover crops.
A third alternative is to apply animal manure to the site to reduce
the hazard of soil erosion until a cover can be planted. I don't know
if there are any animal waste sources close enough to be feasible. If
sewage sludge or animal manure is used an application rate of about 4
to 5 tons per acre will be needed to provide erosion protection.
The long term solution is to plant all critical erosion areas and
strips along the roadways to permanent grass cover. This solution
will be effective, but will take a period of time to implement and for
the grasses to establish.
Since you expressed concern over the costs of keeping the county roads
passable, our recommended solution is to keep the roads closed long
enough to get the permit for waste application and to apply the waste
either just before or shortly after seeding a spring cover crop. The
long term solution is to plant the areas to a mix of native grass
species adapted to sandy sites. The grass seeding can either be done
in the late fall or early spring depending on the establishment of a
stabilizing cover. We are also working with the operator on the areas
EXHIBIT "A"
960953 ,'
Bruce Barker March 19 , 1996
Weld County Attorney
covered by an existing federal cost-share agreement to implement
alternative practices to seed grass this spring and get started on the
long term fix.
This problem has been building for several years. The operator has
been very cooperative in working with us to try different alternatives
to correct these resource problems including seeding several areas to
permanent grass cover through the CRP program and applying for
financial assistance through the federal cost-share program. The
producer established wind strip cropping on the fields and tried to
increase crop residue cover. All of which has not been enough to
control erosion through the harsh weather conditions. It has been a
costly learning experience for all of us and especially costly for the
operator. After trying several options we have all come to realize
the only permanent solution is to work towards establishing native
grass on this site. It will take a cooperative effort, and a great
deal of money and time to accomplish.
The second site is a much easier situation to address. We contacted
the operator Scott Frank to discuss several options. The operator is
contacting the adjacent landowners to decide how to handle the soil
material in the fence rows. Mr. Frank has ripped the site to roughen
the surface and will roughen the areas again if needed. He will plant
a cover crop as early as feasible this spring and is revising his
conservation plan to establish strip cropping to reduce the future
wind erosion hazard.
If you have questions about our recommendations or want to discuss
options, please give us a call at 356-6506 . If we can be of further
assistance please let us know.
Sincerely,
Frank R. Riggle
Resource Conservationist
960853
United States NATURAL RESOURCES 4302 W. 9th Street Road
Department of CONSERVATION Greeley, CO. 80634
Agriculture SERVICE phone (970) 356-6506
DATE: May 9 , 1996 ( t C sWz7iE
Bruce T. Barker MAY 1 3 1996
Weld County Attorney
Office of the County Attorney
P.O. Box 1948 WELD COUNT?
Greeley, Colorado 80632 .
RE: Dust Blowing Complaint for property located in Sections 5 and 29 of
Township 5 North, Range 61 West of the 6th P.M. , Weld County, Colorado.
Dear Mr. Barker,
The strips that had winter wheat planted on them in the fall of 1995 in
sections 5 and 29 township 5 N, range 61 W, have eroded down to the
tillage pan in several areas. The drought conditions during the summer
of 1995 and the winter of 1996 prohibited the winter wheat from growing
and providing adequate ground cover and root systems to prevent
excessive wind erosion. As was recommended earlier, the only long term
solution to the erosion on these sandy soils will be to reseed them to
grass. Tillage operations, at this time, would break up the stable
tillage pan that has been exposed and likely create more problems than
it would solve. Since the problem areas along road 87 total less than a
mile, it might be possible to put up a snowfence on the west side to
stop future air born soil from depositing on the roadway.
Mr. Packard has been contacted by our agency. He is in the process of
finding farmers who are willing to farm the acres that are contributing
to the soil erosion problem. Some of the acres may be seeded to spring
crops, if moisture is adequate, to provide temporary cover, and
approximately 2000 acres are scheduled to be seeded to permanent grass.
Sincerely,
Raymond P. Mowery
Soil Conservationist
EXHIBIT "B"
v0%i(Sit)
05/13/1996 13:12 3033376313 JUDITH A. SHIVELY PAGE 02
•
Judith A.Shively .
Judith A. Shively, P.C Theodore P.Demos
Attorneys and Counselors at Law Tiffany 1..Shively
•
May 13, 1996
Bruce T. Barker, Esq. VIA FACSIMILE AND
Weld County Attorney's Office FIRST CLASS MALI
915 Tenth Street
P.O. Box 1948
Greeley, Colorado 80632
Re: Soil Blowing from Properties Located
in Sections 1, 5, 12, 13, 25, 26, 27, :8,
and 29, TSP S N, R 61 W 6th P.M_, Weld County, CO
Dear Mr. Barker.
This office represents Sharon L and Robert L Packard in a Chapter 12 bankruptcy
proceeding Med on April 22, 1996. A copy of the Notice of Commencement of the
Case Under Chapter 12 is enclosed. In response to your letter of May 7, 1996, to
Robert Packard regarding the soil blowing problem on the above-referenced
property, Mr. Packard began taking immediate action in an attempt to correct the
problem when he was rust informed by the County of the closure of WCR's 52 and
97.
Preliminarily, due to the current drought and wind conditions in Colorado, the
majority of the Packard's winter wheat crop was destroyed, giving rise to the present
soil conditions on their Weld County property. Mr. Packard initially tried chiseling
the land adjacent to WCR's 52 and 97, ir. an effort to turn over fresh soil and
decrease the amount of dirt blowing onto the County roadways. However, due to the
continuing drought, the soil continued to dry out, with the high winds adding to the
problem. Mr. Packard then consulted with individuals from the state soil
conservation service, who suggested applyng sludge to the area as a temporary
remedy. In response, Mr. Packard contacted Metro Grow to haul sludge to the site,
however they declined due to their inability to get their trucks up to where the
property is located.
There is currently before the Bankruptcy Curt a motion for approval of a lease on
the subject property, which, if granted, will allow the prospective lessee to plant a
planned millet crop by the end of May, 19% As the Packants do not have access to
funding for operating expenses for the 1996 crop year, they would be financially
unable to remedy the situation themselves by planting perennial grasses or annual
crops to prevent the erosion of the soil. Of course any crops planted by either the
10700 East Beeuny1rlve,Suite 209
Aurora,Colorado 80014 (303).37-7797 Fax(303)337-6313
960853
119 South Main Yuma,Colorado 80759 (970)848-5477 Fax(970)848-0642
MAY 13 '96 12: 48 3033376313 PPGE . 002
05/13/1996 13:12 3033376313 JUDITH A. SHIVELV PAGE 03
Mr. Barker
May 13, 1996
page 2
Packards or their propective lessee, woul require adequate moisure and their
success or failure would be dependent on e level of rainfall during the crop year.
The Packard's position is that, despite the asures they have taken, the dirt blowing
problem 'persists due to continuing unfav able weather conditions. Due to such
circumstances outside of the Packard's co ol, any acts or omissions on their part
do not amount to negligence for p es of C.R.S. 5 35-72-101, et seq..
Furthermore, the automatic stay provisions of 11 U.S.C. 5 362 are still in effect, and
may apply to the County's continuing ad " " ative actions in this case.
It is the Packard's hope that this matter n be resolved without the need for any
punitive measures on the part of Weld Co ty, and to this end your cooperation is
greatly appreciated. Please direct any furth communications regarding this matter
to our office.
Sincerely,
IUD : A_ '.II ELY, P.C
r
Theodore P. Demos
TPD/td
EncL
MAY 13 ' 96 12: 40 3033376313 PAGE . 003
960853
WELD COUNTY ROAD 89 BTWN RDS 52-68
May 1, 1996
1 grader operator w/motorgrader- $54.70/hr X 10 hrs.= $ 547.00
May 2, 1996
3 grader operators w/motorgraders - $54.70/hr X 10hrs X 3 = $1,641.00
May 6, 1996
1 grader operator w/motorgrader- $54.70/hr X 10 hrs. $ 547.00
GRAND TOTAL $2,735.00
_ (I
617 - roc 7A,, u11
960853
05/13/1996 13:12 3033376313 JUDITH A. SHIVELY PAGE 04
•
IMO Ea B+ r f+ UN STATES BANKRUPTCY COURT .
Ma 209 ctict of Colorado
nave CO K014.2154 .. - .
721 lah Street.Denver,CO 80702-2508
NOTICE OF OP CASE UNDER CHAPTER 12
'n. OP THE BANKRUPTCY CODE.
. OP CREDITORS AND PILING OP DATES
. - ( or Joint Debtor Family Fanner)
Casa Nimlber. 96-14772 ebb IN RB(NAMB OF DEBTOR)
Date Plied(or Convened): 4!11/96 Robert L heard,S21-$$-61fi,dba
Packard Perft a n
Sidon L Packard,521-'0-1233.eke
• Sharon L Bess n
sheikh10700 A I Beth ADDRESS OF DEBTOR
Stitt 022 Bethany Drive
Stitt 200 39601 B 196th Ave.
Arse, CO 80014-IDES - Nana.CO 110612
NAME/ADDRESS OP ATPORNEY FOR DESPOR N ADDRESS OP TRUSTEE
Judith A.Shively Wm M.Eon
WAD Ears Bethany Thin Cherry Creek North Drive •
Suite 219 itc 1070
Aurora,CO 90014-206E .CO 90209
Te Numbar(303)33'1-7197 T Numbet.(303)3214744
DA TIMPILOCATION OF MEETING OP CREDITORS
May 33,1996 at 1:30 pm -
Office of the Chapter 12 Tnstee
]773 Cherry(Seek Drive North
Sane 1070
Denver,CO f0209
A1M (Liar:Deadline to Poe•Proof o Claim a 011/20996
Oovernmcs manors have 190 days f the entry of the Order of Raid to file•Proof of(Lima
I )The debtor Ira flied•plan ( )CIA has not been filed a of this date
Discharge of Debts Deadline to P le•Complaint Objecting t DIadharge of the Debtor or to
Dacnvae Disdurpabiley of Certain of Debts 03329196
:OMMPNCEMENT OF CASE A family farmer's Watt adjustment use under dm r 12 of the Bankrptcy Cade has been filed lathe court by the
amity fanner named above a the debtor,and in order for tS hes been entered. u wag not Meant notice of all documents flied In this case. All
on.menta filed with the court,including has a(the debtor's pdperty and debts,aretillable for inspection at the office of the bankruptcy court.
REDITORS MAY NOT TAKE CERTAIN ACTIONS. A creditor a anyone to in the debtor owes money or property. Under the Bankruptcy
:ode,the debtor It granted certain protection sprat meditom. Common eornpar prohibited anion by creditors are contacting the debtor to
Swan repayment,totting edion aping the debtor to college money owed to credit* or b take properly of the debtor,and starting or continuing
orerlosure anions repoaaaiens,or wage deduction'. Some protection a also Oven certain todebore of consumer data, If unauthorized action arc
nken by•creditor against a debtor,or a protected cadebtor,the court may panelize t creditor. A creditor who'considering taking action against
he debtor or ale property of the debtor,or any codebtor,thou ld review See.362 an 1201 of the Bankruptcy Code and may with to seek legal advice.
lie staff of the dark of the bankruptcy court is not permitted to pan lapel•duke.
AEEITNO OP CREDITORS The debtor(both husband cep wife in a pint am)is quired to appear at the meeting of cteditore on the dote and at
he place set forth above for the purpose of being examined under oath Mterdsnce creditors at the meeting is welcomed,but not required. At the
meting the natters may examine the debtor and transom such other hu rwa es popery come before the meeting.The meeting may be
°minute or adjourned from time to time by notice at the mating without further w tan notice to the creditors.
DCEMPI PROPERTY. Under state end federal law,the debtor is permitted tot outman money or popperty es amapt. C•Meant trileva that
in exemption of money or property Is not authorized by law,the creditor may file an bjeetton.An objection race be filed not later then 30 days after
he conclusion of the meeting of creditors.
)1.9(21AROE OP DEETS. The debtor may reek a dichevp of debt.A dischargeant that tertian debts ate made unenforceable•pout the debtor
e roreliy. Creditors whom crime twiner the debtor am diecharpd may never take ion spinet the debtor ro tolled the diach•rged debt. U U.
✓eam believes a specific debt owed to the creditor i not daehargeable wader See.S aK2 (4),or(6)of the Ba nknupey Code,timely action must be
d en in the bankruptcy court by the deadline set forth above labeled'Discharge of MC eterOtrint oona'deting taking such action may wish to reek
cgs'advice,
'ROOF OP CLAIM. Except as otherwise provided by low,in order to than in any t from the estate,a creditor mum file a proof of claim by
he dale rat forth above labeled'Ellin'Claims.' The piece to file the proof of oaks trier in person or by nail,a the office of the derk of the
bankruptcy court. Prof of dais forms are mamba in the dark's office U any bank q court.
'URPOSE OP A CHAPTER 12 PILING. Copier 12 of the Bankruptcy Code eta family fanners to monad=Duran to•plan. A pion is not
rferalve unless approved by the benknaptry court at•co flrmaldn hearing. Curet will be given notice In the event the case a dismissed or
canned to another chapter of the Bankruptcy Code-
r the Court: Bradford L Baton S 2Ale PORTA B90
Clerk of the B•nknuptq Coup Date
MAY 13 ' 96 12: 49 3033376313 PAGE . 004
960853
' 05/13/19% 13:12 3033376313 JUDITH A. SHIVELY PAGE 01
•
JUDITH A. SHIVLLY, P.C.
Attorneys and Commanders at Law
1010E E.Bethany Drive,Suite SOO us xontti Maim
d,.ii14 A.5tii,dy Saran. Colorado 10014 run,CS 50'1'5$
IIhear p,Deana Tdephene 4303) 337-7797 1570/545.5477
Tiffany L .8ainy Telleeepiar 4303) 3314313 1!701$4S 842,
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960853
WELD COUNTY ATTORNEY'S OFFICE
Sere‘te-
PHONE: (970) 356-4000, EXT. 4391
FAX: (970) 352-0242
915 TENTH STREET P.O. Box 1948
May 7, 1996 GREELEY, COLORADO 80632
C.
COLORADO
Ray Mallory
U.S.D.A. Soil Conservation Service
Greeley Field Office
4302 W. 9th Street Road
Greeley, CO 80634
RE: Soil Blowing from Properties Located in
Sections 1, 5, 12, 13, and 25 - 29, Township
5 North, Range 61 West of the 6th P.M.,
Weld County, Colorado
Dear Ray:
In our telephone conversation of last week, I mentioned that Weld County has closed Weld
County Road ("WCR") 89, between WCRs 52 and 68. Soil has blown off of properties located
in Sections 5 and 29, Township 5 North, Range 61 West of the 6th P.M. Soil has blown into
WCR 89 such that the road now is impassable. It is my understanding that those sections are
owned by Robert Packard. (The specific locations on WCR 89 which have blown shut, as related
to me by Dave Becker, Operations Manager, Weld County Department of Public Works are as
follows: a one-eighth mile stretch beginning approximately three miles south of WCR 68, and a
one-half mile stretch being approximately seven and four tenths mile south of WCR 68.)
Enclosed is a copy of a Memorandum dated April 16, 1996, from Mr. Becker detailing the
continued problems Weld County is facing with respect to the soil blowing from Mr. Packard's
other properties onto WCRs 52 and 97. Those two roadways have been closed continuously
since March 20, 1996.
The matter of the soil blowing from Mr. Packerd's properties onto the County roadways will be
considered at a public hearing before the Board of County Commissioners on Wednesday, May
15, 1996. I respectfully request that you provide a letter to the Board of County Commissioners
which details the extent of the soil blowing and any emergency measures for Mr. Packard to
perform which will reduce or eliminate the blowing problem.
960853
Ray Mallory
May 7, 1996
Page 2.
As for the dust blowing problem in Sections 1, 12, 13, 25, 26, 27, and 28. T5N, R61W, which is
affecting WCRs 52 and 97, the Board of County Commissioners will consider the information
you provided in your March 26, 1996, letter. I request,however, that if you have any
information or recommendations in addition to that stated in your March 26 letter, that you
provide the same to my Office.
Please send your letter regarding sections 5 and 29, T5N, R61W, to my office at: P.O. Box 1948,
Greeley, Colorado 80632.
If you should have any questions regarding this letter, please feel free to call me at (970) 356-
4000, extension 4390.
Sincerely,
2
C 2
Bruce T. Barlstr - _
Weld County Attorney
BTB/db:Let/Raym
pc: Clerk to the Board
Dave Becker
960853
WELD COUNTY ATTORNEY'S OFFICE
PHONE: (970) 356-4000, EXT. 4391
f FAX: (970) 352-0242
915 TENTH STREET
P.O. Box 1948
IGREELEY, COLORADO 80632
C. May 7, 1996
COLORADO
CERTIFIED MAIL
Robert Packard
39601 E. 136th
Hudson, CO 80642
RE: Soil Blowing from Properties Located in
Sections 1, 5, 12, 13, 25, 26, 27, 28, and 29,
Township 5 North, Range 61 West of the
6th P.M., Weld County, Colorado
Dear Mr. Packard:
The Weld County Public Works Department has informed the Board of County Commissioners
of Weld County, Colorado, that soil continues to blow from properties located in sections 1, 5,
12, 13, 25, 26, 27, 28, and 29, Township 5 North, Range 61 West of the 6th P.M., Weld County,
Colorado. The soil has covered portions of three County roadways. Those roads include Weld
County Roads ("WCR") 89,between WCR's 52 and 68; WCR 52, between WCR's 89 and 97;
and WCR 97, between WCR's 52 and 62, including a portion of WCR 97 which is maintained by
Morgan County.
You were previously informed of the temporary closure of the above stated portions of WCR's
52 and 97. Those roadways remain closed as of this date. Two spots on WCR 89 blew shut over
the weekend of April 27, 1996; those portions being the roadway as it exists on the east side of
Sections 5 and 29, T5N, R61 W.
Pursuant to the provisions of§ 35-72-101, et. seq., C.R.S., all landowners in Colorado have an
obligation to prevent soil from blowing from their properties. Landowners are responsible for
damages to public or private properties which may be caused by the soil blowing.
The Board of County Commissioners has set a hearing to consider the dust blowing described
above for Wednesday, May 15, 1996, at 9:00 a.m. The hearing will take place in the Board's
first floor meeting room at the Weld Centennial Center Complex, 915 Tenth Street, Greeley,
Colorado. You may be present at that hearing to present any evidence regarding the soil blowing
problem, including evidence of any measures you have already taken to prevent or lessen the
problem.
960853
Robert Packard
May 7, 1996
Page 2.
Pursuant to the provisions of§ 35-72-103, C.R.S., the Board of County Commissioners may, as a
remedy for the soil blowing problem, order you to take emergency measures to stop the soil from
blowing. Pursuant to § 35-72-102(3), C.R.S., you are responsible for the costs of the cleanup of
the affected roadways.
If you should have any questions or comments regarding this letter, please feel free to call me at
(970) 356-4000, extension 4390.
Sincerely,
f
I
7,17
Bruce T. Barker
Weld County Attorney
BTB/db:Let/packdust
pc: Ray Mallory
Clerk to the Board
Dave Becker
960853
mEmoRAnDum
BrucVIIDc. Weld Barker
Weld County Attorney April 16, 1996
To Date
COLORADO
Dave Becker, Public Works Operations Director
From i
Subject: Robert Packard Property
A letter was sent to Mr. Robert Packard on March 18, 1996, regarding dirt blowing from
properties farmed by him located in Sections I, 12, 13, 25, 26, 27, and 28, Township 5 North,
Range 61 West of the 6th P.M., Weld County, Colorado.
Mr. Packard was given until April 10, 1996, to take at least short term measures to remedy the
blowing dirt situation.
The ground was chiseled on the north side of WCR 52 between WCR 87 and WCR 97, however,
the dirt continues to blow.
WCR 52 between WCR 87 and WCR 97 and WCR 97 between WCR 52 and WCR 56 has blown
virtually shut. WCR 8\between WCR 68 and WCR 60 is also becoming a problem.
Would you take whatever action necessary to make these roads accessible.
If you have questions or comments, please give me a call at EXT. 3754.
DB/zw:packard
cc: Commissioner Hall
WCR 52, 56, 60, 68, 87, 97
960853
cti, 6 WELD COUNTY ATTORNEY'S OFFICE
PHONE: (970) 356-4000, EXT. 4391
FAX: (970) 352-0242
' 915 TENTH STREET
W� •�• March 26, 1996 P.O. Box 1948
GREELEY, COLORADO 8063063 2
COLORADO
Mr. Robert Packard
39601 E. 136th
Hudson, CO 80642
RE: Temporary Closure of Weld County Road 52,
Between WCR's 87 and 97; and WCR 97,
Between WCR's 52 and 74
•Dear Mr. Packard:
On Wednesday, March 20, 1996, the Board of County Commissioners of Weld County, Colorado,
temporarily closed Weld County Road("WCR") 52 between WCR's 87 and 97: and WCR 97, between
WCR's 52 and 74, because of the inundation of those roadways and their impassability due to dirt
blowing from properties farmed by you located in Sections 1, 12, 13, 25, 26, 27 and 28, Township 5
North, Range 61 West of the 6th P.M., Weld County, Colorado. A copy of the Resolution approving
such a temporary closure is enclosed.
Previously, on March 18, 1996, the Board of County Commissioners mailed to you a letter detailing the
Board's requirement that you perform certain short-term remedial measures on the properties described
above in order to reduce or alleviate the circumstance of the dirt blowing onto these roadways. The
Board set a compliance date of April 10, 1996.
Please be advised that the temporary closures of the roadways as detailed in the enclosed resolution does
not eliminate or modify the requirements set forth in the Board of County Commissioners' March 18,
1996, letter. You are still required to perform the short-term remedial measures on the properties on or
before April 10, 1996.
Also enclosed is a copy of a letter from Frank Riggle, Resource Conservationist, U.S.D.A Natural
Resource Conservation Service, regarding the dirt blowing from these properties. Mr. Riggle's letter
will be included in the Board of County Commissioners' file regarding this matter.
If you should have any questions regarding this letter, please feel free to call me at(970)
356-4000, extension 4390.
Sincerely,
Bruce T. Barker
—1
Weld County Attorney
BTB/d b:Let/Robertp
Enclosures
960853 •
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