HomeMy WebLinkAbout820423.tiff ARL&9dJ.70
ORDINANCE NO. 108
IN THE MATTER OF THE ISSUANCE OF PERMITS FOR THE PLOWOUT AND
CULTIVATION OF GRASSLAND IN WELD COUNTY, COLORADO
y BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD
9 ° COUNTY, COLORADO:
WHEREAS, the plowout of grasslands in Weld County has
become a serious problem leading to soil erosion and dust
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blowing, and
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WHEREAS, the Board of County Commissioners has
determined that it is necessary to regulate the plowout of
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grasslands, and
WHEREAS, the Board of County Commissioners has formed a
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Committee of Citizens who reside in various parts of the
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WHEREAS , such Committee has given its recommendations
to the Board for the regulation of the plowout of
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ct NOW, THEREFORE, BE IT ORDAINED by the Board of County
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Commissioners of Weld County, Colorado:
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ARTICLE 1
General Provisions
Section I - Purpose and Intent
(1) To insure that land-disturbing activities in areas
containing privately-owned grasslands shall be conducted in
a manner which will minimize damage to those resources for
future use.
(2) To prevent soil erosion and dust blowing which
results from improper soil management techniques.
(3) To establish certain requirements which must be
met before the cultivation of grassland is permitted.
(4) To ensure that soil resources are preserved to the
extent possible for the production of food for the present
and future inhabitants of Weld County.
820423
Section II - Authority
This Ordinance is adopted pursuant to Section
c 29-20-101 , et seq. , CRS 1973 , entitled the "Local Government
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Land Use Control Enabling Act of 1974" , and Section
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30-35-101 , et seq. , CRS 1973 , entitled "The Colorado County
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Home Rule Powers Act. "
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Section III - Definitions
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(1) "Conservation Plan" means any plan developed by
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required to prevent, to the extent possible, soil erosion
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LU (2) "Cultivation" means the practice of plowing or Ov±
disking or any other mechanical preparation of the land for
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,w z (3) "District" means any soil conservation district
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organized as provided in CRS 1973 , Section 35-70-104 .
2 (4 ) "Grassland" means land having a ground cover of
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a grass and which has not been cultivated within the last five
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w years.
Section IV - Applicability
(1) These regulations apply to applications for
permits to engage in cultivation of grasslands.
(2) Any person seeking to cultivate any grasslands in
this County shall obtain a permit pursuant to these
regulations.
Section V - Nonconforming Use
(1) The provisions of this regulation shall not apply
to any nonconforming use existing on the date of this
Ordinance.
Section VI - Relationship to Other Regulations
(1) Nothing in these regulations shall be construed as
exempting an applicant for a permit from any other
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requirements of this jurisdiction or other state or federal
laws.
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0 ARTICLE 2
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a Applications and Permits
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o s Section I - Permit Submission Requirements
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cc Applicants for a permit to engage in the cultivation of
grasslands shall submit to the Board of County
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Commissioners, as a minimum, the following:
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(1) A completed application form;
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(2) A legal description;
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(3) A map delineating the proposed land use change;
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°- (4) A conservation plan, approved by the local soil
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{ conservation district board, which will specify the
rice conditions under which cultivation is permitted.
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x Section II - Approval of Permit Applications
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(1) If the applicant has a conservation plan approved
by the local soil conservation district board, then the
County shall issue a permit.
(2) If the local soil conservation district board
disapproves the conservation plan, the applicant may appeal
to the Board of County Commissioners for a hearing.
(a) Within twenty (20) days after receiving an
appeal for a hearing, the Board of County Commissioners
shall set a date for a hearing. At the hearing, the
applicant may be present and testify and present
evidence on his behalf if he so desires.
(b) The Board of County Commissioners shall
approve the application if the applicant' s conservation
plan ensures that cultivation will be conducted in a
manner which will minimize damage to the soil, minimize
soil erosion and dust blowing potential and minimize
any other adverse impacts on surrounding property.
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«1 Upon issuance of a permit pursuant to this
Ordinance , the conservation plan and a copy of this
Ordinance shall be filed and recorded upon the land records
of the County Clerk and Recorder.
ARTICLE 3
Administration, Enforcement and Penalties
Section I - Enforcement Provisions
(1) When the Board of County Commissioners is advised
that any landowner or operator is cultivating or causing to
co be cultivated any grasslands in violation of this Ordinance,
the Board is authorized to issue an order to the owner as
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listed upon the records of the County Assessor specifying
S that the cultivation shall cease immediately and that the
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grasslands shall be revegetated back to species of grass
v approved by the district. Notice of such order shall be
sent by certified mail to the landowner or otherwise served
as provided in the Colorado Rules of Civil Procedure.
(2) Within thirty (30) days of the receipt of such
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order, the landowner shall submit to the Board of County
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e s Commissioners a conservation plan to comply with such order.
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(3) If the landowner fails to submit a conservation
z plan as provided in subsection (2) of this section, or if
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c the landowner advises the Board of County Commissioners that
r .£ he does not intend to or cannot comply with such plan, the
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Board may take the reasonable action necessary to revegetate
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V the grasslands specified in the order issued pursuant to
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subsection (1) of this section. Notice of such action shall
be sent by certified mail to the landowner prior to the
performance of such action.
(4) Any order to revegetate or any decision by the
Board to cause land to be revegetated shall be subject to
review by the District Court, but such action for review
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must be brought by the landowner within thirty (30) days
from the date of such order or decision.
Section II - Penalties
(1) Upon the completion of the revegetation caused as
provided in Section I by the Board of County Commissioners ,
r o the Board may, by Resolution, assess against the landowner
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the cost of said treatment, which shall in no event exceed
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the actual cost of the revegetation.
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(2) Criminal Penalty--anyerson firm, or corporation
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more than three hundred dollars ($300 . 00) or by imprisonment
P Cr: in the County jail for not more than ninety (90) days, or by
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both such fine or imprisonment. Each day during which such
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n illegal cultivation continues shall be deemed a separate
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offense.
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ARTICLE 5
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Severability
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J (1) If any section , subsection, paragraph,
7r" Z clause or phrase of this Ordinance is, for any reason, held
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x or decided to be invalid or unconstitutional, such decision
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shall not affect the validity of the remaining portions.
(2) The Board of County Commissioners of Weld County,
Colorado, hereby declares that it would have passed this
Ordinance and each and every section, subsection, paragraph,
sentence, clause and phrase thereof irrespective of the fact
that any one or more sections , subsections , paragraphs ,
sentences, clauses , or phrases might be declared to be
unconstitutional or invalid.
ARTICLE 6
Effective Date
BE IT FURTHER ORDAINED by the Board of County
Commissioners of Weld County, Colorado, that an emergency
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exists which requires that this Ordinance No. 108 is
declared an emergency Ordinance under the provisions of
Section 3-14 of the Weld County Home Rule Charter. An
emergency exists for the reason that a large number of acres
of grassland has been plowed in recent years without
sufficient conservation methods taken, the Colorado Land Use
Commission has issued a Cease and Desist Order to prevent
C further plowing of grasslands , and such Cease and Desist
a
Order is due to end a few days hence.
o ;:;; The above and foregoing Ordinance No. 108 was,
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' motion duly made and seconded, adopted by the following vote
a 1982 .
on the 19th day of May,
W BOARD OF COUNTY COMMISSIONERS
c' WE COUNTY, COLORADO
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J n T. Martin, Chairman
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z ck Carlson, Pro-Tem
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Norman Carlson o is
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^< . Kirby
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CO ,C ATTEST: V
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Weld County Clerk and Recorder
and Clerk to the Boa
.,..'. -• Deputy Count erk
-.)**fee,tttlif4Ff= .4 " ARVROV AS O FORM:
Co my Attorney
PUBLISHED: May 27 , 1982
La Salle Leader
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AFFIDAVIT OF PUBLICATION
STATE OF COLORADO 1
} ss.
X IM COUNTY.}- OF WELD J
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il�ittset .DeThr I, ..S !..ZE..Ltf.. , of said County of
Y.M Cobh to Weld, being,+ duly sworn, say that I am office manager
of
• - THE WINDSOR BEACON, INC.
a weekly newspaper having a general circulation in
SUED OP C0MM f®g said County and State, published in the town of
w WINDSOR, in said County and State; and that the
t7T notice, of which the annexed is a true copy, has beet.
Alm T0T��0A1D
'MA • t,�,p n " AT,sevfl published in said weekly for / successive
t• � an May 6, weeks, that the notice was published in the regular
and entire issue of every number of the papere during
-.-. - - - . the period and time of publication, and in the news-
paper proper and not in a supplement, and that the
first publication of said notice was in said paper bear-
ing the date of the 6 day of fit Rid , A.D.,
and the last publication bearing the date of the
day of (u , A.D., 19. ..7x
and that the said "WINDR BEACON" has been
published continuously and uninterruptedly for the
period of 52 consecutive weeks, in said County and
State, prior to the date of first publication of said
notice, and the same is a newspaper within the mean-
ing of an Act to regulate printing of legal notices
and advertisements, approved May 18, 1931, and all
prior a,9s so far as in force.
i OFFICE MANAGER
Subscribed and sworn to before me this .2..7. day
of �Ly . , 19..9 --+
. 6/IA—WA,..
aNOTARYp PUBLIC
My commission expires ...�.w7 - / - 0 fp
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ATTENDANCE RECORD a or
TODAY ' S HEARINGS ARE AS FOLLOWS :
HEARING REGARDING ORDINANCE #108
IN THE MATTER OF THE ISSUANCE OF PERMITS FOR THE PLOWOUT AND
CULTIVATION OF GARSSLAND IN WELD COUNTY, COLORADO
PLEASE write or print legibly your name , address and the DOC # (as listed
above) or the applicants name of the hearing you are attending .
NAME /J ADDRESS B HEARING ATTENDING
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ATTENDANCE RECORD
TODAY' S HEARINGS ARE AS FOLLOWS :
PLEASE write or print legibly your name, address and the DOC (as listed
above) or the applicants name of the hearing you are attending.
NAA1E ADDRESS HEARING ATTENDING
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ATTENDANCE RECORD
HEARING REGARDING ORDINANCE #108
IN THE MATTER OF THE ISSUANCE OF PERMITS FOR THE PLOWOUT AND
CULTIVATION OF GRASSLAND IN WELD COUNTY, COLORADO
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BEFORE THE LAND USF COMMISSION OFFICE OF THE GOVERNOR STATE OF Ia..
OW
CEASE AND DESIST ORDER Mr4Y 1 1982
San Asia
In The Matter of Weld County, Colorado,
Weld County, Colorado -
To: All Persons in Weld County, Colorado
Pursuant to the authority vested in the Colorado Land Use Coumiission by C.R.S.
1973, 24-65-104, the Colorado Land Use Commission makes the following findings
of fact:
1. On April 27, 1982, the Colorado Land Use Commission held an
initial determination hearing in Greeley, Colorado.
2. 'At the April 27, 1982, hearing, the Colorado Land Use Commission
heard extensive testimony that the cultivation of grasslands re-
presents a danger of injury, loss, or damage of serious and major
proportions to the public health, welfare and safety.
3. At the April 27, 1982, hearing, the Colorado Land Use Commission
adopted a resolution giving written notice to Weld County of dangers
presented by cultivation of grasslands. The Board of County Com-
missioners of Weld County was required to respond to the written
notice by May 5, 1982.
4. The Board of County Commissioners of Weld County responded on
May 5, 1982, stating that it was preparing regulations governing
the cultivation of grasslands but that the regulations would not
be effective until May 19, 1982.
5. On May 6, 1982, the Colorado Land Use Commission held a hearing to
review the response of the Board of County Commissioners of Weld
County.
6. At the May 6, 1982, hearing, the Colorado Land Use Commission heard
additional testimony that the cultivation of grasslands represents
a danger of injury, loss, or damage of serious and major proportions
to the public health, welfare and safety.
7. At the May 6, 1982, hearing, the Board of County Commissioners of
Weld County requested that the Colorado Land Use Commission issue
a cease and desist order halting the cultivation of grasslands for
15 days after May 6, 1982, to allow the Board of County Commissioners
of Weld County to adopt regulations governing the cultivation of grass-
lands in Weld County.
8. At the May 6, 1982, meeting, the Colorado Land Use Commission adopted
a resolution declaring that the cultivation of grasslands in Weld
i
County for a period of 15 days after May 6, 1982, constitutes a
danger of injury, loss, or damage of serious and major proportions
to the public health, welfare, or safety. The resolution declared
that the Board of County Commissioners could not remedy the danger
within a reasonable time. The resolution requested the Governor to
review the matter.
9. The Governor reviewed the matter in a meeting with the Colorado Land
Use Commission and the Board of County Commissioners of Weld County
on May 6, 1982.
10. The Governor determined that the cultivation of grasslands in Weld
County for a period of 15 days after May 6, 1982, constitutes a danger
of injury, loss, or damage of serious and major proportions to public
health, safety and welfare. The Governor ordered the Colorado Land
Use Commission to issue a cease and desist order halting the cultiva-
tion of grasslands in Weld County for a period of 15 days after
May 6, 1982.
CEASE AND DESIST ORDER
Based upon the foregoing findings of fact and pursuant to C.R.S. 1973, 24-65-104,
the Colorado Land Use Commission issues the following order:
1. This cease and desist order is issued to all persons in Weld County.
2. This cease and desist order applies to all grasslands which have not
been cultivated in the past five years, which are identified as having
Class VI, Class VII, and Class VIII soils as indicated by the Soil
Survey of Weld County, prepared by the Soil Conservation Service, and
which are within Weld County.
3. The plowing, cultivating, or otherwise breaking the soil surface by
mechanical means of any of lands subject to this cease and desist
order shall be prohibited.
4. This cease and desist order shall be effective upon publication of this
cease and desist order in a newspaper of general circulation in Weld
County, Colorado, for a period of 15 days after May 6, 1982.
5. The Colorado Land Use Commission will petition the District Court for
Weld County for a temporary restraining order, temporary injunction,
or permanent injunction to halt the plowing, cultivating, or otherwise
breaking the soil surface by mechanical means of any of the lands subject
to this cease and desist order by any person.
6. The staff of the Colorado Land Use Commission will develop planning
criteria necessary to eliminate the danger of injury, loss, or damage
of serious and major proportions to the public health, safety and wel-
fare and will send the planning criteria to the Board of County Com-
missioners of Weld County immediately upon completion DATED at Denver,
Colorado, this 6th day of May, 1982.
COLORADO LAND USE COMMISSION
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Dale Colglazier, / hair?n
Resolution of the Colorado Land Use Commission
of the Plowout of Grasslands
May 6 , 1982
WHEREAS On April 27 , 1982 , the Colorado Land Use Commission
held an initial determination hearing in Greeley,
Colorado; and
WHEREAS At the April 27, 1982 , hearing, the Colorado Land
Use Commission heard extensive testimony that the
cultivation of grasslands represents a danger of
injury, loss, or damage of serious and major pro-
portions to the public health, welfare and safety;
and
WHEREAS At the April 27 , 1982, hearing, the Colorado Land
Use Commission adopted a resolution, which is in-
corporated by this reference, giving written no-
tice to Weld County of dangers presented by plow-
ing of those grasslands which are composed of
Class VI or greater soils as classified by the
United States Soil Conservation Service. The Board
of County Commissioners of Weld County was required
to respond to the written notice by May 5, 1982; and
WHEREAS The Board of County Commissioners of Weld County
responded on May 5, 1982 , stating that it was pre-
paring regulations governing the cultivation of
grasslands but that the regulations would not be
effective until May 19 , 1982; and
WHEREAS On May 6, 1982 , the Colorado Land Use Commission
held a hearing to review the response of the Board
of County Commissioners of Weld County; and
WHEREAS At the May 6, 1982 , hearing, the Colorado Land Use
Commission heard additional testimony that the cul-
tivation of grasslands represents a danger of in-
jury, loss , or damage of serious and major propor-
tions to the public health, welfare, and safety; and
WHEREAS At the May 6 , 1982 , hearing, the Board of County
Commissioners of Weld County requested that the
Colorado Land Use Commission issue a cease and de-
sist order halting the cultivation of grasslands
for 15 days from May 6 , 1982 , to allow the Board
of County Commissioners of Weld County to adopt re-
gulations governing the plowing of grasslands in
Weld County; and
Resolution of the Colorado Land Use Conuuission
of the Plowout of Grasslands
May 6 , 1982
WHEREAS On April 27 , 1982 , the Colorado Land Use Commission
held an initial determination hearing in Greeley,
Colorado; and
WHEREAS At the April 27 , 1982 , hearing, the Colorado Land
Use Commission heard extensive testimony that the
cultivation of grasslands represents a danger of
injury, loss, or damage of serious and major pro-
portions to the public health, welfare and safety;
and
WHEREAS At the April 27 , 1982 , hearing, the Colorado Land
Use Commission adopted a resolution, which is in-
corporated by this reference, giving written no-
tice to Weld County of dangers presented by plow-
ing of those grasslands which are composed of
Class VI or greater soils as classified by the
United States Soil Conservation Service. The Board
of County Commissioners of Weld County was required
to respond to the written notice by May 5 , 1982; and
WHEREAS The Board of County Commissioners of Weld County
responded on May 5, 1982 , stating that it was pre-
paring regulations governing the cultivation of
grasslands but that the regulations would not be
effective until May 19 , 1982; and
WHEREAS On May 6 , 1982 , the Colorado Land Use Commission
held a hearing to review the response of the Board
of County Commissioners of Weld County; and
WHEREAS At the May 6 , 1982 , hearing, the Colorado Land Use
Commission heard additional testimony that the cul-
tivation of grasslands represents a danger of in-
jury, loss, or damage of serious and major propor-
tions to the public health, welfare, and safety; and
WHEREAS At the May 6 , 1982 , hearing, the Board of County
Commissioners of Weld County requested that the
Colorado Land Use Commission issue a cease and de-
sist order halting the cultivation of grasslands
for 15 days from May 6 , 1982 , to allow the Board
of County Commissioners of Weld County to adopt re-
gulations governing the plowing of grasslands in
Weld County; and
Page Two
Resolution on Plowout of Grasslands in Weld County
May 6 , 1982
WHEREAS The Colorado Land Use Commission has reviewed
testimony, evidence and information that the
cultivation of grasslands in Weld County during
the next 15 days poses a danger of injury, loss,
or damage of serious and major proportions to
the public health, welfare, and safety;
NOW THEREFORE BE IT RESOLVED that the Colorado Land Use
Commission finds that the cultivation of grasslands in
Weld County is a development activity as defined by appli-
cable law, is currently in progress and is proposed;
BE IT FURTHER RESOLVED that the Colorado Land Use Commission
determines , based upon the record, that the cultivation of
grasslands in Weld County during the next 15 days consti-
tutes a danger of injury , loss , or damage of serious and
major proportions to the public health, welfare, and safety;
BE IT FURTHER RESOLVED that the Colorado Land Use Commission
determines, that Weld County has started a process and has
complied with the Commission' s April 27 , 1982 , resolution
but is unable to remedy the dangers from this activity in
an appropriate time;
BE IT FURTHER RESOLVED that the Governor is requested to
review the matter of the cultivation of grasslands in Weld
County.
PLANNING CRITERIA
1 . The county shall define lands which are generally considered to be
unsuitable for cultivation (plowing disking or other mechanical
preparation of the land for the purpose of harvesting a crop) in terms
of soil capability class , and land cover. If appropriate soils maps
are available, such lands shall be delineated on a county map or maps.
2. The county shall describe under what conditions, if any, such lands
can be cultivated.
3. If such lands can be cultivated under certain conditions, the county
shall describe what actions are necessary and what materials must be
submitted to the county by individuals who wish to cultivate such lands.
4. The county shall describe what assistance, if any, is to be pro-
vided by the soil conservation districts, the U. S. Soil Conserva-
tion Service, or any other local , state, or federal agency.
5. The county shall describe how this ordinance will be enforced and
what action the county will take if an individual fails to comply
with this ordinance.
6. The county will list under what authority it is taking this action.
7. The county shall publish the ordinance in a newspaper of general
circulation throughout the county.
NOTICE
Pursuant to the laws of the State of Colorado, a public
hearing will be held in the Chambers of the Board of County Com-
missioners of Weld County, Colorado, at the Weld County Centennial
Center, 915 Tenth Street, Greeley, Colorado, on May 10 , 1982 ,
at 10 : 00 o'clock a.m. This hearing will be for the purpose
of considering the adoption of an Ordinance to regulate the
plowing of grasslands in Weld County, Colorado.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: JEANNETTE ORDWAY, DEPUTY
PUBLISHED: APRIL 29 , 1982 in the Johnstown Breeze
PUBLISHER'S AFFIDAVIT
STATE OF COLORADO,
fss.
COUNTY OF At 3015
'.ri June
do solemnly swear that lam the
Publisher of
The Erioht.on_ 31.ade_.
that the same is a weekly newspaper published
in the City of Brighton
County of A` 8'
W
Ptimern trleallirof
Si State of
reit be held State of Colorado,and has a general circulation Colorado.•public hearing
therein;that said newspaper has been published me al the Botrd of County
Cantu A WNOTAnty. Colo-
continuously and uninterruptedly in said redo althe WMB Tenth kW,Cnumy Cn•Mo•
Mr,,915 kW,Orit Cibrt
on May 10. 1St at 1000 tldouh am.
County of. err S This nearing MB W for the wrptw of
oongidein0 eyolanotnordintnot
to regulate plot7n0 of Braslindi M
Weld Court •
\
for a period of more than 52 weeks prior to the OADO
first publication of the annexed notice,that said yyyy.� EN
newspaper is entered in the post office at CAW AND ReCOROOR
11NDOLERN TO THE BOAS
EANNETTE ORDWAY.
''rightort DEPUTY
Brown
fNirlt
*publl aOoonn Wirt,nu
Colorado, as second class mail matter and that
the said newspaper is a newspaper within the
meaning of the act of the General Assembly of
the State of Colorado,approved March 30,1923,
and entitled"Legal Notices and Advertisements"
and other acts relating to the printing and
publishing of legal notices and advertisments;
that the annexed notice was published in the
regular and entire issues of said newspaper,
once each week, on the same day of each week
for the period of
1 consecutive insertions; that the first
publication of said newspaper dated
ay F r 82
19... and the
last publication of said notice was in the issue of
said newspaper dated
19
Signature and Title
Subscribed and sworn to before me,a Notary
C
Public.thls t h day of
tray 195 2
y.ommission expires Maia3,P19d6
139 North Main St. ® Brighton, CO Su601
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^ T
Proof of Publication
STATE OF COLORADO,
ss.
County of Logan,.
Ronald K. Lower
, being duly sworn, deposes i + - �Y ' `
and says: .44.44t
1. That he is the Publisher of The Sterling Journal-Advocate, a daily
newspaper printed and published in the City of Sterling, County of y ' it
ff;
Logan, and State of Colorado.
2. That the said The Sterling Journal-Advocate is printed and pub-
J . qua
lished daily, except Sundays and legal holidays, and that it has a general ^ ! ;
circulation in the City of Sterling, and County of Logan, and elsewhere. IAe.
3. That the said The Sterling Journal-Advocate was established, and �s� 7y
has been printed and published in said County, uninterruptedly and awe i3id rmrD
continuously, during a period of at least Fifty-two Weeks next prior to COUNT'R,tQLQRADO.
the first issue thereof, containing said BY:MARY tiaRa�tENN
Notice of Public Hearing, plowing of grasslands coUilrCr
ERR AND.
REGVRPgR r
a copy of which is hereunto attached. cE on
poVEpT S�M_NT Mr:,4tAtottrW,Gp
4. That the said The Sterling Journal-Advocate is a daily news- Publtsfied:May 5,Np.
paper of general circulation, and that the said daily newspaper is printed Sterling Jounial'Aavocatr
and published in whole or in part in said County of Logan, in which said
.NOti&t
is required by law to be published.
5. That the said The Sterling Journal-Advocate has been admitted
to the United States Mails as second class matter under the provisions of
the Act of March 3, 1879, or any amendments thereof, and that said
newspaper is a daily newspaper duly qualified for publishing legal
notices and advertisements within the meaning of an Act of the General
Assembly of the State of Colorado, approved March 5, 1935, being
Chapter 156 of the Session laws of Colorado, 1935, entitled: "An Act
relating to legal notices and advertisements," and amending Section 1,
Chapter 113 Session Laws of Colorado, 1931.
6. That the said annexed
Notice
was published in the regular and entire editions of The Sterling Journal-
Advocate, a duly qualified daily newspaper for that purpose, within the
terms of the above named Acts.
7. That the said annexed
Notice
GIVE TITLE OF NOTICE OR ADVERTISEMENT
is a true copy of the original which was regularly published in each of
the regular and entire issues of said daily newspaper, a legally qualified
paper for that purpose,
One insertions and that the
X7mtir by
May 5 82
first publication thereof was in the issue ted 19
and the last publication was in issued
blisher.
Subscribed and sworn to
5th May 82
before me this day of , 19
iiilNotary Public.
My Commission Expired"'y Commission Expires Mar. 11 1983
AFFIDAVIT OF PUBLICATION
LONGMONT DAILY TIMES-CALL
State of Colorado ) ss
County of Boulder )
I Ruth G. Lehman do
solemnly swear that the LONGMONT DAILY TIMES-CALL is a
NOTICE
daily newspaper printed, in whole or in part, and published in Pur,usnttptha laws of the Mary ofcor
grade,a pE*ttct hhearing will be held In the
the City of Longmont, County of Boulder, State of Colorado, climbing',the Board of Gown 'com-
mN W sionwho aid County.Colbrado,at
and which has general circulation therein and in parts of Boulder NN N'ald`I .Centennial center,ors
Tenth St aetey,Coloradm on May
and Weld Counties; that said newspaper has been continuously to reds • SO o'clock a.m.This hear-
ing will the purpow of considering.
and uninterruptedly published for a period of more than six months meadop :lanOrdinancetorwutare
the plow N grasslands m Wyld rte.
next prior to the first publication of the annexed legal notice ty,Colorado..
BOARD OF
of advertisement, that said newspaper has been admitted to the COUNTY COMMISSIONERS
COUNT1fiCC pE�RSTE IN
United States mails as second-class matter under the provisions 6311113 VANND RECOREER
COUNTYLERk AND RECORDER
of the Act of March 3, 1879, or any amendments thereof, and AND CLERK TO THEBOARD
BY:JEANNETTEORDWAY
that said newspaper is a daily newspaper duly qualified for publishing - - DEPUTY
Published Wilk Daily Times-Call,Long-
legal notices and advertisements within the meaning of the laws moo,Cod. '
of the State of Colorado; that copies of each number of said
newspaper, in which said notice or advertisement was published,
were transmitted by mail or carrier to each of the subscribers
of said newspaper, according to the accustomed mode of business
in this office.
That the annexed legal notice or advertisement was published
in the regular and entire editions of said daily newspaper trice.-each
—weele-err the ,a.,,e day-of-each-weelrfor the period of 1
consecutive insertions; and that the first publication of said notice
was in the issue of said newspaper dated May 7
19 82 and that the last publication of said notice was in
the issue of said newspaper p dated May
7 19 82
...a cc.
Business Manager
Subscribed and sworn to before me this 7th day of
May 19 a2--..
My Commission Expires j
_bttry Publi
rr
M1' Cr, iN EXPIRES
FEE $ 6 . 34 )
ntnLtc
1-1300-02
AFFIDAVIT OF PUBZICA TION
FARMER AND MINER
County of Weld ) ss
State of Colorado )
I Ruth G. Lehman do • NOTICEI
solemnly swear that THE FARMER AND MINER is a weekly - Pursuant mro ,ear gwillbhe eheie Col-
solemnly Me
Sttaloava a Wed County,
of County court
newspaper which is published in the County of Weld, State of 'mbW1dmwemctnniacant -,,a
1aIt*t of.County leMMnor tenon May
Colorado, and which has general circulation therein; that said WM .*10;00eaaock mra This will
S 1r ite purck a.m. her'
newspaper has been published continuously and uniterruptedly in iaeamEepolapur l manne
Inc adoptplowingofOrdinanceregulate
a Wass enesm Weld Goun
h.Colorado.
weeks next prior to the first publication of the annexed legal notice SSARUoE
:MARYYNNFEU RS COMMISSIONERS
or advertisement; that said newspaper has been admitted tO the BY:MARY ANNU TY CLERK
COUNTY CLERK
United Sates mails as second-class matter under the pCOV151OTIS MID RECORDERTO
AND HE BOARD
OARD
of the Act of March 3, 1879, or any amendments thereto, and that • THE D A Y.
said newspaper is a weekly newspaper duly qualified for pub- •
BY:JEANNETTE ORDWAY.
lishing legal notices and advertisements within the meaning of 66.1 Publish^^'^Me Farmer and Miner May
the laws of the State of Colorado.
That the annexed legal notice or advertisement was published
in the regular and entire editions of said)Carg9Cnewspaper once each
week on the same day of each week for the period of 1
consecutive insertions; and that the first publication of said notice
was in the issue of said newspaper dated May 6
1982 and that the last publication of said notice was in the
issue of said newspaper dated May 6 19 82
a i•
Business Manager
6th
Subscribed and sworn to before me this day of
May 19 8 2
My Commission Expires
Notary 116flIiC
FEE $ 6. 34
(cr4
MV COMMISSION EXP16 1985
717 - eth AVENUE
U G LONGMONT
ntl Pc'' COLORADO 80501
3-1300-02
AFFIDAVIT OF PUBLICATION
STATE OF COLORADO,
County of Morgan. ( ss•
Fern H. S.Pencer
being of lawful age and first duly sworn on his oath,
states that he is the Circulation Mgr. of
The Fort Morgan Times; that The Fort Morgan Times
is a daily newspaper of general circulation and printed
and published in the City of Fort Morgan in the County
of Morgan, State of Colorado; that said daily newspaper
has been published in said Morgan County, Colorado,
uninterruptedly and continuously during the period of at
least twelve months next prior to the first issue thereof
containing the annexed Notice
that said daily newspaper is a daily newspaper and
qualified for that purpose within the meaning of the Act
of the General Assembly of the State of Colorado, ap-
proved March 30, 1923, and entitled, "An Act to amend
an Act entitled 'An Act concerning legal notices, adver- p leyleersOw State al Maio a
tisements and publications and the fees of printers and p wnj a w�d s�tt�M. d ft4y.'
publishers thereof, and to repeal all acts and parts of Ooldrada u 'ty cttn�.count s
acts in conflict with the provisions of this act,'" being Tenth sun , en Meg 113 oak at
Section 1 to 10 inclusive pages 404 to 409 inclusive of flaw** MterIO WA,the p
Chapter 139 (pertaining to legal notices and advertise- p of te.lan d m OMau aneeto
ments) of the Session Laws of the State of Colorado for he at pau.4odt to Weld County,
1923, as amended by Chapter 113, Session Laws 1931; BO
that the annexed Notice con
R
BY AT,DEPUTY
was published in the regular daily and entire issue of Times
May 3, NM in The Fort Morgan
said daily newspaper on Monday of each _
XX
successive bX for a period of 1 insertions;
that the first publication of said Notice
was in the regular daily issue of said daily newspaper
dated May 3rd , 1982
and the last publication thereof was in the daily issue
of said newspaper dated __May 3rd , 19 82
IN WITNESS WHEREOF, I have hereunto set my
hand this QG 1�$y}yof ty8 - _-----. -- , 19.. .
_.
STATE OF COLORADO,
County of Morgan ss.
Subscribed and sworn to before me,
Robert W. Snencer
a Notary Public in and for the County and State afore-
said by Fern H. Snencer this
10th day of May , A.D. 19_ft2.
My commissi (n expires February 11th;, 1985.
Notary Public
AFFIflAVITOF PUBLICATION
THE JOHNSTOWN BREEZE
STATE OF COLORADO )
ss
COUNTY OF WELD
I, Clyde Briggs, do solemnly swear that I
am publisher of The Johnstown Breeze;
that the same is a weekly newspaper
printed, in whole or in part, and published
Pape Notice in the County of Weld, State of Colorado,
Notice and has a general circulation therein; that
Pursuant to the laws or the said newspaper has been published
State of Colorado, a public continuously and uninterruptedly in said
hearing will- be held in the County of Weld for a period of more than
Commissionerseof pWeld of Comy
Colorado, at the Weld County fifty-two consecutive weeks prior to the
Centennial canter, 915 10th first publication of the annexed legal notice
Street, Greeley;. Colorado, on or advertisement; that said newspaper has
he ng' 7l 82,ebe atfo 10.00 A.M. This been admitted to the United States mails as
hearing will th for the purpose of oonnance the adoption of an second-class matter under the provisions of
ordinance g landslain Weld any
plowin or the Act of March 3, 1879, or
County. Colorade,
amendments thereof, and that said
BOARD OF COUNTY COMMISSIONERS newspaper is a weekly newspaper duly
WELD COUNTY. qualified for publishing legal rotices and
COLORADO advertisements within the meaning of the
Attest: Mary Ann laws of the State of Colorado.
Fualerk
Clerk County Clerk That the annexed legal notice or advertise-
and• Clerk Recorder
i e Board ment was published in the regular and
entire issue of every number of said weekly
Deputy Celt: eanette Ordway newspaper for the period of ...1.. consecu-
Robtish.d in the Johnstown tive insertions; and that the first
Breeze Aoru yp� -. _ publication of said notice iikthe issue of
said newspaper dated .` a A.D.
and that the last publication of said notice
was in the issue of said newspaper dated'
A.D. 19
In witness whereor I have he�r unto set
my hand this2. day of Mt—
A.D. 19.0e—
J7Publisher
Subscribed and sworn to before me, a
Notary Public in and for the County of
Weld State of Colorado, this .. "7ZZday of
•
._Lc mac.<-A.D. 19.2.
''�... z
1/ ...,,Notary Public.
My commission expires
1-//-,5(
•
lir
Affidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
Paula A. Barton of
said County of Weld, being duly sworn, say that I am
an advertising derk of
THE GREELEY DAILY TRIBUNE, and
THE GREELEY REPUBLICAN
that the same is a daily newspaper of general
circulation and printed and published in the City of
Greeley, in said county and state; that the notice or
advertisement, of which the annexed is a true copy, has
been published in said daily newspaper for consecutive
(days) 1u9; that the notice was published in the
regular and entire issue of every number of said
newspaper during the period and time of publication of
said notice, and in the newspaper proper and not in a
supplement thereof; that the first publication of said
notice was contained in the issue of said newspaper
bearing date
Sixth
day of May A.D. 19 82
x ,r.,,• • w ,. and the last publication thereof; in the issue of said
newspaper bearing date the
or at the Wold:CONttli nnlal
Re a, Tis Teem St nt. DTaaler• Sixth
COMMA as May ap MIA at 10:00 day of May A.D. 19 82
per Os a.m TRh RtNRI MR biter the
an'OOYa sptorenlie°ma.aeennnor that said The Greeley Daily Tribune and The Greeley
anOrlManIn ft:raputatt the plawio. of
RroomsIn Wild Witri Gab4V
r �R1XlDof LONNTY ERS Republican, has been published continuously and
COMMISSIONERS
WELD MINTY,COLORADO uninterruptedly during the period of at least six
SY.MARYANNfEUERSTEIN
COUNTa CLERRARO RECORDDER. months next prior to the first issue thereof contained
said notice or advertisement above referred to; that said
tr` Y newspaper has been admitted to the United States
mails as second-class matter under the provisions of the
Act of March 3, 1879, or any amendments thereof; and
that said newspaper is a daily newspaper duly qualified
for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
May 6, 1982
Total charge: $6. 38
Advertising Clerk
Subscribed and sworn to before me this
6th ay o May 82
A.D. 19
My Corm-, son Expires FcLruary 2I3, 1986
My mmissi n expires d
Notary Public
STATE OF COLORADO )
)ss• ?
COUNTY OF WELD )
, being
Pursuant to the laws of the
duly sworn, says that he she is pub- State of Dorado, a public hear-
Esher of the KEENE VALLFY SUN, ing will d file Chambers
a weekly newspaper published d and of the unt Corn-
and in Ke neshurg in said County y
mission en eld ' ty,Colo-
a g State; that said nm said has y rado, t the Weld''Chanty Cea-
a general circulation in said County
and has been continuously and un_ tenS,1Ceater,015 Tenth Street,
interruptedly published therein, dur- Greeley, Wendo, on May 10,
ing a period of at least fifty-two 1982; at 10:00 o'clock.AM. This
consecutive weeks prior to the first heatJag whit be for the purpose of
publication of the annexed notice; con$ide$*t she adoption of an
that said newspaper is a newspaper Ordinance to regulate the'plow-
within the meaning of the act of the ing of greesland in Weld Conn-
General Assembly of the State of ty,'Colorado.
Colorado, entitled "An Act to regu- B OreGlYNTY
late the printing of legal notices and
advertisements," and amendments !Et C Tqi E O
thereto; that the notice of which the
annexed is a printed copy taken from BY: Ann Feuerwhydn
said newspaper, was published in said Count Clerk and Recorder
newspaper, and in the regular and Clerk to the Board
entire issue of every number thereof, 'e�COrdway,1) sty
Published in the Keene flaky
once a week for sIRMEarue i Sun May if, 1982,
weelet ; that said notice was so pub-
lished in said newspaper proper and
not in any supplement thereof, and
that the first publication of said no-
tire as aforesaid, was on the
day of 07 -� , 19i
and the last on the day of
1Vdi
79
Subscribed and sworn to before me
0 el.this i d__ day of /J)acal
p b' /6-412
My Go; ,u4,y Az 145
Soil Conservation Offices - Weld Co.
S.C.S. Area Office Fort Morgan Field Office
U.S.D.A. Service Center U.S.D.A. Service Center
4304 W. 9th St. Rd. 329 East Platte Avenue
Greeley, CO. 80634 Fort Morgan, CO. 80701
Greeley Field Office Longmont Field Office
U.S.D.A. Service Center 9595 Nelson Rd. , Box D
4302 W. 9th St. Rd. Longmont, CO. 80501
Greeley, CO. 80634
Sterling Field Office
Brighton Field Office 621 Iris Drive
U. S.D.A. Service Center Sterling, CO. 80751
108 W. Walnut St.
Brighton, CO. 80601
Fort Collins Field Office
2625 Redwing Rd.
Suite 250
Ft. Collins, CO. 80526
Soil Conservation Districts - Weld Co.
Big Thompson S.C.D. Morgan S.C.D.
c/o Steven J. Boner, Dist. Clerk c/o Joann E. Caffey, Dist. Clerk
2625 Redwing Rd. , #250 329 E. Platte Ave.
Ft. Collins, CO. 80526 Ft. Morgan, CO. 80701
Boulder Valley S.C.D. Platte Valley S.C.D.
c/o Ruth Ann Hodgson, Sec. c/o Ray L. Martin, Sec. /Tres.
9595 Nelson Rd. , Box D 15544 Weld Co. Rd. 40
Longmont, CO. 80501 Platteville, CO. 80651
Centennial S.C.D. Southeast Weld S.C.D.
c/o Tom Fehringer, Pres. Rod Weber, Pres.
Peetz, CO. 80747 32874 Weld Co. Rd. 18
Keenesburg, CO. 80643
Fort Collins S.C.D.
c/o Scott Hansen, Sec. West Adams S.C.D.
129 N. Sherwood St. Mary T. Shibao, Dist. Clerk
Ft. Collins, CO. 80521 224 S. 14th Ave.
Brighton, CO. 80601
Longmont S.C.D.
c/o Ruth Ann Hodgson, Sec. West Greeley S.C.D.
9595 Nelson Rd. , Box D c/o Art Briggs, Sec. /Tres.
Longmont, CO. 80501 2423 71st Ave.
Greeley, CO. 80631
mEmORAnDUm 356-402005, 226,
227 & 228
WIID€ To S.C.D. - Weld County Date June 7, 1982
COLORADO From Clerk to the Board' s Office
Subject: Ordinance $108 - Issuance of Permits
Enclosed is a copy of Ordinance No. 108 regarding the issuance of
permits for the plowout and cultivation of grassland in Weld County
which are to be issued by this office.
If you have any questions regarding this matter, please do not
hesitate to contact this office.
Thank you,
Tolmie Antuna
D puty Clerk
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Affidavit of Publication
STATE OF COLORADO, 1 ss
County of Weld, 1 ,r e.ar es6yaass�
� iGWIL M/IeYG
I -[( LE - G�. of - NOTICE tee said County of Weld, being duly sworn, say that YSweat
tweilera Ij rws linng Yplbe
I am publisher of =" ♦tali Clfanraefe'p NN Wind
( 7 .t sengdtaithI l IMWS'ol Weld
67 �a LIZ:?..- P.� eJt-C/- W. 'it the wed
r caner,ns Tye-
that the same is a weekly newspaper of general Y, Colorado, •
circulation an ppmted d published in the May le,feet,at MOO o'clock a.m
gn P This Wall wilt BeN the perms
town of ..._ �. L-.14:--1,-"--' _.__ te wMi/Ming Me adoFRae of ar
Ordinance to retail the posse
in said county and state; that the notice or adver- el exultant ie Welt Gwdy,
41wids"
tisement, of which the annexed is a true ropy.
BOIRDOF.000NTT
has been published in said weekly newspaper WELD CO COMMISSIONERS
for -.._...._.... �...-_. ___-... consecutive /Y.MARY AN7EAIERSTEIN
weeks: that the notice was published in the COUNTY.CLERK*D
RECORDER AN
regular and entire issue of every number of said TOA
HE B RR
D
THE BOARD
newspaper during the period and time of pubh- BY:JEANNETTE ORDWAY,
cation of said notice and in the newspaper DEPUTY
PURLIENED: April T,MD In Ere
proper and not in a supplement thereof; That the Johnstown' Breeze
first publication of said notice was contained in -Published in Di La Salle leader
the issue of said newspaper hearing date. the T#WadaY,Wier 6,let.
!a_ day of /7";/iii - A.G., 19 6g
and the last publication t.erect in the issue of
said newspaper bearing date, /tt�hhe day ci
z_il
a 19gi ; that the said • I
: •
has been published continuously and uninterrupt-
edly during the period of at least fifty-two con-
secutive weeks next prior to the first issue thereof
containing said notice or advertisement above
referred to; and that said newspaper was at the
time of each of the publications of said notice.
duly qualified for that purpose within the mean-
ing of an act, entitled. "An Act Concerning Legal
Notices, Advertisements and Publications, and
the Fees of Printers and Publishers thereof, and
to Repeal all Acts and Parts of Acts in Conflict
with the Provisions of this Act," approved April 7,
1921, and all amendments thereof, and particu-
larly as amended by an act approved, March 30,
19 act approved y 18, 1931.
egfedi7 aicze, Publisheer
Subscribed d sworn to before me this /7 -
day of -_: 1-71-:e pp A.D., l9 •'Z.
/L//LLcL -1 Ili'iG'
My commisaron expires _ / Z_ ���-''777tfi```^'Z-
Notary Public
.a
fir=i United States Soil
g Department of Conservation
Agriculture Service 4304 West 9th Street Road, Greeley, CO 80634
May 13, 1982
John T. Martin, Chairman
Board of County Commissioners
weld County
P. O. Box 758
Greeley, CO 80631
Dear Mr. Martin:
I received a copy of your draft Ordinance on plowout of grasslands
in Weld County. I want to commend you for taking this stand to
protect the important soil resource of Weld County.
I haven't any further comments other than those expressed by
District Conservationist Ron Miller.
Thank you for the opportunity to comment and if I can be of any
assistance, please let me know.
Sincerely,
e: . A.
Bruce A. Lindahl
Area Conservationist
41— sail s r
` Y
GREELEY•
ooLea
The Soil Conservation Service is agency of the V 5/ /�t
Department of Agriculture i�. � [( o pc
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