HomeMy WebLinkAbout951229.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING DUST BLOWING COMPLAINT - N'/:N'/: S6, T3N,
R65W
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, was informed,
in accordance with Section 35-72-101(1), CRS, that dust is blowing from property located in the
N'AN'% of Section 6, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado,
said property being owned by Benjamin Knaub, 1589 Venture Out, Mesa, Arizona 85205-8091,
and operated by Ted Oster, 19463 Weld County Road 39, LaSalle, Colorado 80645, and
WHEREAS, an inspection was made of the above described parcel of land by a
representative of the U.S.D.A. Soil Conservation Service, and
WHEREAS, said Soil Conservation Service representative also inspected property located
in the S'% NW% of Section 6, Township 3 North, Range 65 West of the 6th P.M., Weld County,
Colorado, which is owned by Marilyn and Maynard Ludwig, 17978 Weld County Road 39,
Platteville, Colorado 80651, and operated by Kevin Derro, complainant in the original complaint
against Messrs. Knaub and Oster, and
WHEREAS, pursuant to the information and the inspection referred to above, a hearing was
held on May 22, 1995, at which time the Board deemed it advisable to continue said matter to June
19, 1995, to allow the property owners time to initiate remedial actions, and
WHEREAS, Mr. Oster and Mr. Derro were not present at said hearing on June 19, 1995,
and
WHEREAS, a followup inspection by a representative of the U.S.D.A. Soil Conservation
Service on June 2, 1995, did determine that Mr. Oster, fully complied with the agreement by
reseeding those areas that he was asked to reseed, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present and, having been fully informed, deems it advisable to dismiss said dust blowing
complaint against Ted Oster.
951229
EX0011
��. ; C''/9;EX,. OSTE.e; OE,C e ilovave
DUST BLOWING COMPLAINT - S6, T3N, R65W
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the dust blowing complaint concerning property located in the N'AN'% of
Section 6, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado, said
property being owned by Benjamin Knaub, 1589 Venture Out, Mesa, Arizona 85205-8091, and
operated by Ted Oster, 19463 Weld County Road 39, LaSalle, Colorado 80645, be and hereby
is, dismissed.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 19th day of June, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
D COUN ,�CCODO
ATTESilykril �I��� r IS
��TY/%�OLoRA1� ��
Dale K. Hall, Chairman
Weld County Clerk to the Board
-
01
/
i ' Barbar J. Kirkmey Pro-Te
BY: i� —( ,,,
eputy Clerk tp a) and � zi
C--i.
'-T:ii li George Baxter
APPRO AS TO-FCSRM• ern/1.,,-A_,]ai�f
Constance L. Harbert
9 /i ll
orney "~ a / 1.) 22r ,," ;,
W. H. Webster I'
951229
EX0011
UNITED STATES NATURAL RESOURCES 60 S . 27TH AVE.
DEPARTMENT OF CONSERVATION BRIGHTON, CO. 80601
AGRICULTURE SERVICE (303) 659-7004
************************************************************
June 5, 1995 in-H_RafFa w
Mr. Bruce T. Barker
JUN 0 7 1995 r�
Weld County Attorney
Office of County Attorney 'ELD COUNTY
P.O. Box 1948 ATTORNEYS OFFICE
Greeley, Co. 80632
RE: Follow-up on Dust Blowing Complaint for property
located in the N2N2 of Section 6, Township 3 North, Range 65
West
Dear Mr. Barker:
Per your request made on 6-2-95, I made a field visit to the
above mentioned property to determine if the agreement
between the two property managers was being applied.
It appears that Mr. Oster has complied with the agreement by
re-seeding those areas that he was asked to re-seed. The
newly seeded oats have grown a half of an inch and taller in
these areas .
Given the rainy conditions, the two land operators have not
had to irrigate their land as they agreed to if high winds
arose before crop establishment .
In my opinion the agreement between the two land operators
has been met .
Sincerely,
nna Sue Nelson
Range Conservationist
951229
DATE: May 11, 1995
TIME: 11 : 00 a.m.
DUST COMPLAINT
Name, address, and telephone number of Complainant:
Kevin Deroo, Agricultural Products, Inc . , 19009 Hwy 392 , P.O. Box
39 , Lucerne, Colorado 80646
Description of property from which dust is blowing (include legal
description, if possible; at a minimum, section quarter and roads) :
South side of WCR 38 , 1/4 mile west of the intersection of WCR 38
and 39 , located in N2N2 of Section 6-3-65 .
Date of blow: May 8 and 9, 1995 .
Description of damage to public or private property:
Damage to potato crop on property farmed by Deroo and located
immediately to the south of blowing property. Damaged property
owned by Mr. Ludwig.
Name, address, telephone number of owner or operator of property:
Operator: Ted Oster, 19463 WCR 39, LaSalle, CO 80645 284-6252
Owner: Benjamin Knaub, 1589 Venture Out, Mesa, AZ 85205-8091
(602) 924 -0087
Other information:
Deroo is concerned that next blow will ruin his potato crop .
Follow-up:
Telephone call to Oster, May 12 , 1995, at 11 : 30 a . m. Admitted that
his property "blowed" once onto Deroo/Ludwig property. Complained
that Deroo allowed his property to blow onto Oster/Knaub property
on 4 separate occasions . Doesn ' t think the Board of County
Commissioners has legal authority to force him to perform emergency
procedures . Thinks zoning and building code ordinances are
illegal .
Within Brighton District . 60 S . 27th Ave . , Brighton, CO 80601 .
- �- = 'iV (303 ) 659-7004
SEND THE LETTER REQUESTING THAT THE COMPLAINT BE PUT IN WRITING AND
SENT TO THE COUNTY ATTORNEY'S OFFICE, P.O. BOX 1948, GREELEY,
COLORADO 80632 .
tlst nfo
951229
Hello