HomeMy WebLinkAbout981118.tiff RESOLUTION
RE: APPROVE FINDINGS AND ORDER CONCERNING DUST BLOWING COMPLAINT -
518, T8N, R60
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 in Section 18, Township 8 North, Range 60 West of the 6th P.M., Weld
County, Colorado, said property being owned and/or operated by the Ronald W. Thomas and
Raymond Wayne Thomas Charitable Trust, 360 S. Monroe Street, #400, Denver, CO 80209-
3709, and Colin P. Lindsey, c/o Attorney David Swank, Wade, Ash, Woods, Hill and Farley,
P.C., 415 E. 72nd Terrace, Kansas City, MO 64131, 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 the 3rd day of June, 1998, at which time the Board made
Findings of Fact pursuant to Section 35-72-101(1), and
WHEREAS, the landowner was not present at said hearing, and
WHEREAS, upon said Findings of Fact, the Board did order that the owner and/or
operators of said property, Ronald W. Thomas and Raymond Wayne Thomas Charitable Trust,
and Colin P. Lindsey, c/o Attorney David Swank, Wade, Ash, Woods, Hill and Farley, P.C., 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.
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 Ronald W. Thomas and Raymond Wayne Thomas Charitable Trust, and Colin
P. Lindsey, c/o Attorney David Swank, Wade, Ash, Woods, Hill and Farley, P.C., 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.
981118
EX0018
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C . c, ; dol/Con. . Landowner; Pomp/.
DUST BLOWING - S18,T8N,R60
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of June, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ''i2 --telA -e
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ancWeld County Clerk t. a -r BY: Deputy Clerk to th ' ,�
` orge E. Baxter
OVEN S � 'M: •
Dale K. Hall 7/1
Co '• t or ey 4/Lick,'
'Lava./-� �vL�'—/h°
Barbara J. Kirkmeyer r%
981118
EX0018
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: Section 18, Township 8 North, Range 60 West of the 6th
P.M., Weld County, Colorado, and
WHEREAS, said parcel is owned by the Ronald W. Thomas and Raymond Wayne
Thomas Charitable Trust, 360 S. Monroe Street, #400, Denver, CO 80209-3709, and Colin P.
Lindsey, c/o Attorney David Swank, Wade, Ash, Woods, Hill and Farley, P.C., 415 E. 72nd
Terrace, Kansas City, MO 64131, 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 the 3rd day of June, 1998, and the Ronald W. Thomas and
Raymond Wayne Thomas Charitable Trust, and Colin P. Lindsey, c/o Attorney David Swank,
Wade, Ash, Woods, Hill and Farley, P.C., were notified of said hearing by telephone on June 2,
1998, and
WHEREAS, no persons were present at said hearing, 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, 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.
5. That property damage appears to be resulting from soil blowing.
981118
EX0018
DUST BLOWING - S18,T8N,R60
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 owners of said Property shall
apply municipal sludge or manure to the Property to provide enough residue to reduce erosion,
as detailed in the letter from Michael G. Shay, District Manager, West Greeley Soil
Conservation District, dated May 21, 1998, a copy of which is attached hereto.
DATED THIS 3rd day of June, 1998.
i , + BOARD OF COUNTY COMMISSIONERS
ATTEST: i WELD COUNTY, COLORADO
Weld County Clerk '1/42
By: /.! _ ��A• . ' /���I1 By:
Deputy Clerk to t Constance L. Harbert, Chair
981118
EX0018
CTC`
1.11
JUN 0 1 1998
EI D COUNTY
ATTORNEY-,
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 y Si cly,
Gerald Kummer
Portia Kummer
44376 w.c.r. 95
Briggsdale ,
Colo.
80611
9giii8
gon
WEST GREELEY
SOIL CONSERVATION DISTRICT
Ov,iR\ ,\ i"\ 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
987///8?
d 4>\:, OFFICE OF COUNTY ATTORNEY
PHONE (970) 356-4000 EXT.4391
FAX (970) 352-0242
915 TENTH STREET
P.O. BOX 1948
GREELEY, CO 80632 1111111D • May 20, 1998
COLORADO
CERTIFIED MAIL
Sharon T. Bennett
Heartland Community Foundation
627 Main Street
Kansas City,Missouri 64108
RE: Dust Blowing Complaint for Property Located in Section 18-8-60,One Mile North of Highway 14
and One Mile East of Weld County Road 95, Weld County, Colorado
Dear Ms. Bennett:
The Board of County Commissioners of Weld County,Colorado has been informed that dust is blowing from
a parcel of land owned by the Ronald W.Thomas and Raymond Wayne Thomas Charitable Trust,and Colin
P. Lindsey, as herein above described. According to the information received,the soil is moving from the
parcel and is causing damage to property owned by Mr.Myron Showers. 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
Sin
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 will 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.
Sincerely,
Bruce T. Barker
'Weld County Attorney
BTB/db:Dustb lowing/Showers
98in8
(} OFFICE OF COUNTY ATTORNEY
PHONE (970) 356-4000 EXT.4391
FAX (970) 352-0242
915 TENTH STREET
1 P.O. BOX 1948
GREELEY, CO 80632
C.
May 2o, 199s
COLORADO
Myron Showers
49294 Weld County Road 86
Briggsdale, CO 80611
RE: Letter Concerning Dust Blowing Complaint
Dear Mr. Showers:
The Weld County Attorney's Office has received your telephone complaint concerning dust blowing
from a parcel which is located in Section 18-8-60,One Mile North of Highway 14 and One Mile East of
Weld County Road 95, Weld County, Colorado, Weld County, Colorado. An inspection will be
conducted by the West Greeley Soil Conservation District. The parcel is owned by the Ronald W.
Thomas and Raymond Wayne Thomas Charitable Trust, and Colin P. Lindsey, do Sharon T. Bennett,
Heartland Community Foundation, 627 Main Street, Kansas City,Missouri 64108 ("the Thomas Trust").
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
1, 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. The Thomas Trust has 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 District will 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.
Sincerely,
1+
Bruce T.Barker
Weld County Attorney
Ft OFFICE OF COUNTY ATTORNEY
PHONE (970) 356-4000 EXT.4391
FAX (970)
915 TENTH STREET
P.O. BOX 1948
WIIDC GREELEY, CO 80632
May 20, 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
in Section 18-8-60, One Mile North of Highway
14 and One Mile East of Weld County Road 95,
Weld County, Colorado
Dear Mike:
On Friday,May 15, 1998,I spoke with Frank Riggle regarding a dust blowing complaint for property
located in Section 18-8-60, One Mile North of Highway 14 and One Mile East of Weld County Road 95,
Weld County,Colorado,which the Board of County Commissioners received earlier that day. The property
is owned by the Ronald W.Thomas and Raymond Wayne Thomas Charitable Trust,and Colin P. Lindsey,
do Sharon T. Bennett, Heartland Community Foundation, 627 Main Street, Kansas City, Missouri 64108
("the Thomas Trust"). Mr.Myron Showers is the complaintant. He lives at 49294 Weld County Road
86, Briggsdale, Colorado. His telephone number is (970) 656-3649.
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 Thomas Trust. Please note that the hearing concerning the dust
blowing complaint before the County Commissioners has been set for Monday, June 1, 1998, at
9:00 a.m. Therefore, I would like to receive this report by Friday, May 29, 1998 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,
T. Barker -
Weld County Attorney
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