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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 0 3 blowing, and 0 CC ew P WHEREAS, the Board of County Commissioners has determined that it is necessary to regulate the plowout of cc c grasslands, and WHEREAS, the Board of County Commissioners has formed a CC Li Committee of Citizens who reside in various parts of the 1 = r. r County and who are directly involved in agriculture, and C r. WHEREAS , such Committee has given its recommendations to the Board for the regulation of the plowout of az r z grasslands. ct NOW, THEREFORE, BE IT ORDAINED by the Board of County co - Commissioners of Weld County, Colorado: Yj w V' 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 o Land Use Control Enabling Act of 1974" , and Section o 30-35-101 , et seq. , CRS 1973 , entitled "The Colorado County 3 Home Rule Powers Act. " 0 CC * w Section III - Definitions ix (1) "Conservation Plan" means any plan developed by as - c the landowner and the district which describes measures required to prevent, to the extent possible, soil erosion CC from occurring on the land for which the plan was developed. 0z LU (2) "Cultivation" means the practice of plowing or Ov± disking or any other mechanical preparation of the land for • LLi the purpose of producing a crop for harvest. rz z LLa ,w z (3) "District" means any soil conservation district o s organized as provided in CRS 1973 , Section 35-70-104 . 2 (4 ) "Grassland" means land having a ground cover of xN w w a grass and which has not been cultivated within the last five O U 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 -2- requirements of this jurisdiction or other state or federal laws. ti c_-; 0 ARTICLE 2 r r. ' tr a Applications and Permits O c_ 3 o s Section I - Permit Submission Requirements * cc Applicants for a permit to engage in the cultivation of grasslands shall submit to the Board of County ahcc Commissioners, as a minimum, the following: cc r cc (1) A completed application form; x _ (2) A legal description; N 4 (3) A map delineating the proposed land use change; P P eta y and _ W °- (4) A conservation plan, approved by the local soil z { conservation district board, which will specify the rice conditions under which cultivation is permitted. Y .0 x Section II - Approval of Permit Applications Ch CN (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. -3- «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 o listed upon the records of the County Assessor specifying S that the cultivation shall cease immediately and that the co 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 OD CV N order, the landowner shall submit to the Board of County \ 1 n F- e s Commissioners a conservation plan to comply with such order. o ti y (3) If the landowner fails to submit a conservation z plan as provided in subsection (2) of this section, or if mz c the landowner advises the Board of County Commissioners that r .£ he does not intend to or cannot comply with such plan, the w Board may take the reasonable action necessary to revegetate G V the grasslands specified in the order issued pursuant to su- 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 -4- 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 V 0 the cost of said treatment, which shall in no event exceed ri the actual cost of the revegetation. � ' ' P (2) Criminal Penalty--anyerson firm, or corporation cc e w violating this Ordinance shall be punished by a fine of not r 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 ,e both such fine or imprisonment. Each day during which such cc n illegal cultivation continues shall be deemed a separate o offense. rn ARTICLE 5 w y Severability r. o- 03 r sentence, J (1) If any section , subsection, paragraph, 7r" Z clause or phrase of this Ordinance is, for any reason, held ri itv x or decided to be invalid or unconstitutional, such decision rCD 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 -5- 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, 3 ' 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 � 44- Y 1, ,44.1 J n T. Martin, Chairman xo z ck Carlson, Pro-Tem .4 F Norman Carlson o is /4/171 ^< . Kirby z M 1-‘94-7e K. Ste . mark /� �c� ()F�,vvv` f- _c zz � " i2Ai�t, CO ,C ATTEST: V - w 0 0 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 -6- AFFIDAVIT OF PUBLICATION STATE OF COLORADO 1 } ss. X IM COUNTY.}- OF WELD J • 119 C VIJ T 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 z -- 7, i -i 2- /0 -ru o 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 e L / / b-, . at.... il . ryc io P � / a I * •- / ler ► # p fI I cyr6 -- ivgm/ /v/C/r/A S 'rent/EL#A m , (' n •. : 108 SC ehatit aS Ar ta A, 076--4----4---- hi 1.‘,K1 . go-tip i 1) - it . 27(4,1 l....., A__, 'fr.ititi-,/ rc tti e / -PP , L`, /°12,441 444,f t, . a 4 ## /yes 721z0 i'e ,lot, .r,,,�,,,,.L 14a4..D4 trj BMC C/A) /a 4./ l / ��A'� yif 1*L1(////j�� el /d t 6✓vusa— u. ✓K Cereal: /Cr D,y.-v, .e Lien_ .�- gam" (d0 • ,fi / o 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 - /573 - 2.' °Mir 6,erc6 - 2/, ✓ fct dAcP t1_ / 0. - S i G-->-s._ ..- J �'D6Jl[ / " k �JS 75-71 CO c R / / c r"_.-0.a-- — 27-c C / adz /, 4 IR. .za 0>1 ii— B _ , 7 i c,zc,amrcF 1 r� OunilALL ad3q /yli41E:e 41/67. ,PIGfi n.✓, CU S'v�o i /0e /� _,_/ � �c�S' a"�:-cam T-c_. C /0 9y7 3a�70c id Jj6/// P7,4,- fi!�a'���Cr � / ,'i,,5' �� -7YeVc L.% S.-4- f ¢aNwbel.r I C0L0 . S06y3 ,/C, esia _ 7, '/C 9-1 . ,/1.6_%`2,4,2 /�a� G �,-- N >vier- in/ J c7 rZi_ i Nc- Y075-- ) (24 "., e,c2e-?Z .1 c d' 7 .4' 7.5 2-Ce a'!o '�4,_.,; Nair.J d?a 2 '0`02._ 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 �/% 1 ADDRESS C ... / -� oS --. 1 O YL 1 ' i / t t ` c 9$$ ke., fru, la /, v I� `757/ we /g l/o cy�T ercia_c_ 9iic_10:2 et/L-_..e_, //f a Q y// 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 • Alt Gi � ( n 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 • L%UI1I. q.i W �`` §§ y a°W 1 8E q' ,,i- •• U, m C 3 f m i d Giilli ;8 ;At §1.-! } ..i 6. ZW41 ia O W. li!Vi 4,."'ey8e3 Lt 2i z F '• fib26— ?.°afi9° Ou E - Ba 8i1-61:O231- m W ₹ , $ELu1 - .an ^ w c,ItEgi m u o a S F Su VSf!S$SW 9 O d y y ri ° A C �, E .o 3 °' y = a a'°, m °�° C .o ••-• c• °i E y ? 3 \ y G .c °'C4 E o '-)o a, c d « £ N m y 0 U d T k ° O w ≤ F r q ' , .° cwt. y ... r. C u G y E «m ° 0 .i U° a, y c •m E y A m ao y W m MC ° m o .c c m y a' « ° F Y m P d ?i1PE1O1 xjtti' O wa m c m .c a E o c Y r T w ° o °p v o u .o ,o > . F V z d t n m i ° C z O' u 6 aa ti 22.7 } a Y A W u J CL d O m L ? O. m 3 c6 Q. . a d G c 0. e m- « e`, 3 of F 3 o ,. b c m x K a E ° « F a.u r 3 !Cn a G O -, W ^ .+ N « W c °' y � c• ° L O Y\Sf \ w,-6 ^..• .° �'-S E W 6 A C a, d b0 Iii �. w Q F Gc h m Xm ° a '.. J u F m• VI o f 3 E[ c ,° 3 N C C• ° F E ° ' F3g y cc = F c ° m o `Xt \ n� ,,, `-� tF. m v c0y ° m °� m c a o m q o m c m C ..-1 r E ° o N O C Cit, a F '° « m E d g t G O S. c G d G m O ID J C f'^ m W $.. 1 c C - t Q 0 O no ^ 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 $108 - Issuance of Permits Enclosed is a copy of Ordinance No. 108 regarding the issuance of permits for the plowout and cultivation of grassland in Weld County which are to be issued by this office. If you have any questions regarding this matter, please do not hesitate to contact this office. Thank you, Tolmie Antuna D puty Clerk 'Pile d (r '� . . 1- t. 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E" }>5 pp>-04, qfit gEEip_3silq{ 4 €•£ant-£tg ncesain g gw > S E eg 6' ^SCme' t F dryy rEYw i tit FgY¢Yu._�;& tl M1 rc m M1 *- n 3 n En q Y iEs a t i C' I ffl IS £YSe _ ys p ' P sn tYfi fi a €ft " u 1inwk- �irtiq lin g pi i n 8 t e II 2 F = �5'aX =wt$i fi n£E tlu my n Ywe tl �gtl g^w esnp }yYm £>tl+'• .K ! VQ gg9 a tltTEE 9 qel �� V4 ! t_ gLg M1VtliO 1`1n S eI 444y fELESae + ; a .O2t dyr E fR.P n pT qu +t' . gem. fwY 58¢:re= 0;0 w� w p`troll it; M$e frie1` M r-L-PqJ� L iail ? R£9¢ �VS 9,� I11 ti g!gt ttli NAA t y r y O 4, Psff figglt pq ">YV ; i S WiU biiii"il 'fi9S.BY, ±�`:8$`its aAE :cP f FtYt �+ . " lT fl �. a 3' b �&� 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 Hello