HomeMy WebLinkAbout951394.tiffRESOLUTION
RE: APPROVE FINDINGS AND ORDER CONCERNING DUST BLOWING COMPLAINT -
NW1/4 S29, T1 N, R67W
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 soil has been blowing from property
located in the NWV of Section 29, Township 1 North, Range 67 West of the 6th P.M., Weld
County, Colorado, said property being owned by Rainey Arabians, c/o Ronald Rainey, 7172 Weld
County Road 6, Brighton, Colorado 80601, and
WHEREAS, the Board has caused inspections of the above described property on two
separate occasions, and
WHEREAS, pursuant to the information and the inspection referred to above, a hearing
before the Board was held on April 3, 1995, at which time said matter was continued to May 31,
1995, then again continued to July 5, 1995, then again continued to July 10, 1995, then again
continued to July 12, 1995, at which time the Board made Findings of Fact pursuant to Section
35-72-101(1), and
WHEREAS, Ronald Rainey, the landowner, was not present at said hearing on July 12,
1995, and
WHEREAS, upon said Findings of Fact, the Board did order that the owner and/or operator
of said property, Ronald Rainey, perform certain remedial work on 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 Chairman of the Board is authorized to sign said Findings and Order
and that Ronald Rainey is ordered to perform the remedial work upon the above described property
as stated in the attached Findings and Order of the Board of County Commissioners of Weld
County, Colorado.
951394
EX0011
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DUST BLOWING COMPLAINT - NW'IA S29, T1N, R67W
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 12th day of July, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, CQLORADO
ATTEST:
/Id4L
Weld County Clerk to the Board
BY
Deputy -Clerk to the Board
APPROV . ASi TO FOR
y Att.—ney
Dale K. Hall, Chairman
kna
J. Kirkmeyer,
onstance L. Harbert
W. H. Webster
951394
EX0011
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
property: NW% of Section 29, Township 1 North, Range 67 West of the 6th P.M., Weld County,
Colorado, and
WHEREAS, said parcel is owned, occupied, and/or operated by Rainey Arabians, c/o
Ronald Rainey, 7172 Weld County Road 6, Brighton, Colorado 80601, and
WHEREAS, the Board has caused two inspections of the above -described property, those
inspections being performed on March 28, 1995, and on June 29, 1995, by representatives of the
U.S.D.A. Natural Resources Conservation Service, Brighton Field Office, and
WHEREAS, pursuant to the information and the inspections referred to above, a hearing
before the Board was held on April 3, 1995; Mr. Rainey was present at said hearing upon
notification by first class mail on March 28, 1995; and said hearing was continued to May 31, 1995,
in order to give Mr. Rainey time to complete certain remedial measures on his property, and
WHEREAS, said hearing on May 31, 1995, was attended by Mr. Rainey and was continued
to July 5, 1995, in order to allow him further time to perform said remedial measures, and
WHEREAS, due to a scheduling error, said hearing was further continued to July 10, 1995,
and although Mr. Rainey was notified of the same by telephone and first class mail on June 28,
1995, he did not attend, and
WHEREAS, said hearing was finally continued to July 12, 1995, and Mr. Rainey was
notified of said final continuance, but he was not in attendance, and
WHEREAS, at the hearings of April 3, 1995; May 31, 1995; July 10, 1995; and July 12,
1995, the Board heard facts sufficient to make the following findings, pursuant to Section
35-72-103(1):
1. That in the winter and in the early spring of 1995, soil blew from Mr. Rainey's
property onto private land lying to the east. The blowing soil covered a barley crop
located on the adjacent private land. At the hearing of April 3, 1995, and again at
the hearing on May 31, 1995, Mr. Rainey promised to perform the following
measures in order to reduce or materially lessen the soil blowing from his property:
to plant grasses on the land which has blown, to shorten three horse runs, and to
install a snow fence along his east property line.
951394
EX0011
DUST FINDINGS - NW'IA S29, T1 N, R67W
PAGE 2
2. That an emergency existed at the time of the April 3, 1995, hearing. The
emergency was ameliorated by precipitation received during the remainder of the
spring and by Mr. Rainey's shortening of the three horse runs. It is the Board's
opinion, however, that an emergency still exists, because of Mr. Rainey's failure to
plant the grasses and apparent refusal to install the snow fence along his east
property line as he has promised.
3. That although Mr. Rainey's operation has been in existence for more than a year,
it appears to have been negligent on and before April 3, 1995, as the term is used
in Section 35-3.5-102, C.R.S., because of the soil blowing onto the adjacent private
property to the east without any apparent measures to prohibit the same being
performed by Mr. Rainey. It is the Board's opinion that the operation continues to
be negligent, as the term is used in Section 35-3.5-102, C.R.S., due to Mr. Rainey's
failure to plant the grasses and apparent refusal to install the snow fence along his
east property line as he has promised.
4. That the blowing can be prevented or materially lessened, both now and in the
future, by the planting of grasses on the land which has blown and by the
installation of the snow fence along Mr. Rainey's east property line.
5. That property damage appears to have resulted from the blowing. Specifically, soil
has blown onto the private property located immediately east of and adjacent to Mr.
Rainey's property. Although the barley crop located thereon has grown without any
apparent ill effect, the property remains covered with undesired soil.
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 Rainey Arabians, c/o Ronald Rainey
install a snow fence along the east property line of the above described property and plant by
November 1, 1995, and plant grass between November 1, 1995, and May 1, 1996, on those areas
of the above described property which have been subject to blowing. If said work is not completed
within the time frame set forth herein, the Board of County Commissioners of Weld County may
cause such work to be accomplished in accordance with the provisions of Section 35-72-103(2),
C.R.S.
DATED THIS 12th day of July, 1995.
Sty Cle to the Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
By
Dale K. Hall, Chairman
951394
EX0011
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 soil is blowing from the
following property: NW 1/4 of Section 29, Township 1 North, Range 67 West of the 6th P.M.,
Weld County, Colorado, and
WHEREAS, said property is owned, occupied, and/or operated by Rainey Arabians, do
Ronald Rainey, 7172 Weld County Road 6, Brighton, Colorado 80601, and
WHEREAS, the Board has caused two inspections of the above -described property,
those inspections being performed on March 28, 1995, and on June 29, 1995, by representatives
of the U.S.D.A. Natural Resources Conservation Service, Brighton Field Office, and
WHEREAS, pursuant to the information and the inspections referred to above, a hearing
before the Board was held on April 3, 1995; Mr. Rainey was present at said hearing upon
notification by first class mail on March 28, 1995; and said hearing was continued to May 31,
1995, in order to give Mr. Rainey time to complete certain remedial measures on his property,
and
WHEREAS, said May 31, 1995, hearing was attended by Mr. Rainey and was continued
to July 5, 1995, in order to allow him further time to perform said remedial measures, and
WHEREAS, due to a scheduling error, said hearing was further continued to July 10,
1995, and although Mr. Rainey was notified of the same by telephone, he did not attend, and
WHEREAS, said hearing was finally continued to July 12, 1995, and Mr. Rainey was
notified of said final continuance, but was not in attendance, and
WHEREAS, at the hearings of April 3, 1995; May 31, 1995; July 10, 1995; and July 12,
1995, the Board heard facts sufficient to make the following findings, pursuant to Section 35-72-
103(1):
1. That in the winter and in the early spring of 1995, soil blew from Mr. Rainey's
property onto private land lying to the east. The blowing soil covered a barley crop located on
the adjacent private land. At the hearing of April 3, 1995 and again at the hearing on May 31,
1995, Mr. Rainey promised to perform the following measures in order to reduce or materially
lessen the soil blowing from his property: to plant grasses on the land which has blown, to
shorten three horse runs, and to install a snow fence along his east property line.
2. That an emergency existed at the time of the April 3, 1995, hearing. The
emergency was ameliorated by precipitation received during the remainder of the spring and by
Mr. Rainey's shortening of the three horse runs. It is the Board's opinion, however, that an
emergency still exists, because of Mr. Rainey's failure to plant the grasses and apparent refusal to
install the snow fence along his east property line as he has promised.
3. That although Mr. Rainey's operation has been in existence for more than a year,
951394
it appears to have been negligent on and before April 3, 1995, as the term is used in Section 35-
3.5-102, C.R.S., because of the soil blowing onto the adjacent private property to the east without
any apparent measures to prohibit the same being performed by Mr. Rainey. It is the Boards
opinion that the operation continues to be negligent, as the term is used in Section 35-3.5-102,
C.R.S., due to Mr. Rainey's failure to plant the grasses and apparent refusal to install the snow
fence along his east property line as he has promised.
4. That the blowing can be prevented or materially lessened, both now and in the
future, by the planting of grasses on the land which has blown and by the installation of the snow
fence along Mr. Rainey's east property line.
5. That property damage appears to have resulted from the blowing. Specifically,
soil has blown onto the private property located immediately east of and adjacent to Mr. Rainey's
property. Although the barley crop located thereon has grown without any apparent ill effect, the
property remains covered with undesired soil.
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 Rainey Arabians, c/o Ronald Rainey,
install a snow fence along the east property line of the above described property, and plant
grasses between November 1, 1995 and May 1, 1996, on those areas of the above described
property which have been subject to blowing.
Rest is OK.
951394
CLERK TO THE BOARD
11111111e.
COLORADO
June 28, 1995
P.O. BOX 758
GREELEY, COLORADO 80632
(303) 358-4000 EXT. 4225
Rainey Arabians
Go Ron Rainey
7172 WCR 6
Brighton, Colorado 80601
RE: Dust Blowing Complaint for Property Located in the NW% of Section 29, Township 1 North,
Range 67 West of the 6th P.M., Weld County, Colorado
Dear Mr. Rainey:
On May 31, 1995, the Board of Weld County Commissioners deemed it advisable to continue said
dust blowing complaint to Wednesday, July 5, 1995, at 9:00 a.m.; however, the continuance
resolution mailed to you inadvertently stated said matter was continued to July 7, 1995. This letter
is to confirm our telephone conversation on June 28, 1995, regarding the continuance of this matter
to Monday, July 10, 1995, at 9:00 a.m.
Said matter will be heard by the Board at its regularly scheduled meeting at 9:00 a.m. on Monday,
July 10, 1995, in the First Floor Meeting Room, Weld County Centennial Center Complex, 915 10th
Street, Greeley, Colorado. You may be present at the meeting in order to give testimony relative
to the dust blowing problem.
A representative from the Soil Conservation Service will be present at the meeting in order to
update the Board on the status of the recommended treatment on the property. Pursuant to Section
35-72-0103(1), CRS, 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
4226, or Bruce Barker, County Attorney, at 356-4000, Extension 4391.
Sinrely, O112c47
Clerk to the Board
B
Deputy Cle
k14-tnefo
to the Board
cc: County Attorney
Darrell Johnston, Complainant
951394
DATE:
TIME:
DUST COMPLAINTS
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Name, Address, and Telephone Number of Complainant:
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Name, Address, and Telephone Number of Owner or Operator of
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Other Information:
Follow—up:
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ASK THE COMPLAINANT TO PUT THIS INFORMATION IN WRITING AND SEND
THE SAME TO: CLERK TO THE BOARD, P. 0. BOX 758, GREELEY, CO
80632.
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950635
951394
UNITED STATES Natural Resources
DEPARTMENT OF Conservation
AGRICULTURE Service
March 29, 1995
Mr. Bruce Barker
Weld County Attorney
P.O. Box 1948
Greeley, Colorado 80632
RE: Rainey Arabian Horses
9595 Nelson Road #D
Longmont, CO. 80501
Phone: 776-4034
Fax: 684-9893
On March 28th, I made a field visit to the above listed property
located at WCR 6 and WCR 15; more specifically, the NW1/4 Section
29, T1N, R67W. The soils found in this area are classified as
Nunn clay loam(42), Weld loam(79) and a Wiley -Colby complex(82-
83). Generally, these soils would be considered to be low to
moderate in erosiveness. Currently, the property is being used to
support a horse training/breeding facility. Due to the high
numbers of livestock found on the site, the soil properties and
characteristics have changed. High concentrations of livestock
tend to keep the soil pretty well trampled and keep the normal
sized particles broken into smaller particles. Smaller sized soil
particles are more erosive and will tend to move sooner with a
minimal amount of wind. More specific information on the soils
can be found in "Soil Survey of Weld County, Colorado - Southern
Part" published by the USDA Soil Conservation Service.
Due to the present soil condition, there has been soil movement
and erosion from the corral areas. The soil has blown from these
areas onto a farm field to the east of the site. The spring
barley crop that is planted in this field has been covered with
the soil from the corrals. This deposition has damaged the crop
and if blowing continues, the barley crop will more than likely
suffer reduced yields or be lost all together.
Situations such as this are difficult to control with normal
cultural measures. Ideally, the soils need to be protected with a
permanent vegetation to control future erosion. This would be
impossible due to the number of livestock on the area. The next
solution would be to install some type of windbreak to reduce the
wind velocity to a nonerosive speed. A tree/shrub windbreak would
be ideal but this would take time to plant and establish. A snow
fence of some type would probably address the immediate problem
while plans are made for the long term solution.
If you need further information or recommendations, please
contact Ms. Sylvia Gillen, Resource Conservationist at the
951394
Natural Resources Conservation Service in Brighton, Colorado. Her
telephone number is 303-659-7004.
ncerely,
IN rman JWells, Jr
R source Conservationist
951394
to
COLORADO
March 28, 1995
CERTIFIED MAIL
OFFICE OF COUNTY ATTORNI
PHONE (303) 356-4000 EXT. 4:
P.O. BOXY.
GREELEY, COLORADO 80.
Rainey Arabians
c/o Ron Rainey
7172 WCR 6
Brighton, CO 80601
RE: Dust Blowing Complaint for Property Located in the NW4 of Section 29, Township 1 North,
Range 67 West of the 6th P.M., Weld County, Colorado
Dear Mr. Rainey:
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 hereinabove described. According to the
information received, the soil is moving from said parcel and is causing damage to surrounding
properties. Pursuant to Section 35-72-1020)), 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, April 3, 1995 at 9 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 will be present
at the meeting in order to inform the Board 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.
Verytrujy yours,
ce T. Br -
Weld County Attorney
951394
so
W1�Dc.
COLORADO
March 28, 1995
OFFICE OF COUNTY ATTORNE
PHONE (303) 356-4000 EXT. 43
P.O. BOX 19
GREELEY, COLORADO 806
U.S. Department of Agriculture
Soil Conservation Service
Attn: Norm Wells
9595 Nelson Road
Longmont, CO 80501
RE: Dust Blowing Complaint for Property Located in the NW4 of Section 29, Township 1 North,
Range 67 West of the 6th P.M., Weld County, Colorado
Dear Mr. Wells:
As per our telephone conversation of March 29, 1995, the Board of County Commissioners has
received a dust blowing complaint for property located in the NW4 of Section 29, Township 1 North,
Range 67 West 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,
April 3, 1995 at 9 a.m. Therefore, I would like to receive this report by March 31, 1995 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
356-4000, Extension 4390.
Very -truly yours, �1
Cy
Bnircel . Barker
Weld County Attorney
l
951394
ft
1110e.
COLORADO
Darrell Johnston
5430 WCR 15
Ft. Lupton, CO 80621
OFFICE OF COUNTY ATTORNE
PHONE (303) 356-4000 EXT. 43
P.O. BOX 19
GREELEY, COLORADO 80E
March 28, 1995
RE: Letter Concerning Dust Blowing Complaint
Dear Mr. Johnston:
Thank you for your telephone call regarding the dust blowing from a parcel which is located in the
NW4 of Section 29, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado.
An inspection will be conducted by the Longmont Soil Conservation District. The parcel is owned
by Ron Rainey.
The Board will hear the matter of your complaint at its regularly scheduled meeting on Monday,
April 3, 1995 at 9 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 Longmont 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.
yew -tally yours,
Bruce T. Barker
Weld County Attorney
951394
DATE:
TIME:
DUST COMPLAINTS
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951394
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• 95 394
FINDS FOR DUST BLOWING CITATION PURSUANT TO SECTION 35-72-103, CRS
Pursuant to Section 35-72-103(1), C.R.S., the Board of County
Commissioners of Weld County, Colorado, may issue a citation to the
owner and/or occupier of lands from which dust is blowing,
specifying the nature of treatment required, the extent thereof,
the date by which such treatment is to be commenced, and the date
it is to be completed. In order to issue such a citation, the
Board must find the following facts:
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 if the land is an agricultural operation, then the
agricultural operation has been in existence for less than one
(1) year; or if the agricultural operation has been in
existence for more than one (1) year, then one of the
following:
a. The agricultural operation was a nuisance at the time the
operation began;
b. The agricultural operation is negligent;
c. The agricultural operation has been changed so that it
now results in a public or private nuisance;
d. The agricultural operation has substantially increased in
size.
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.
The Board must then specify what treatment will prevent or
materially lessen the soil blowing and then state the date by which
such treatment is to be commenced and the date it is to be
completed.
dustfind.gjb
951394
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