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RESOLUTION
RE: RESPONSE TO WRITTEN NOTICE OF THE COLORADO LAND USE COMMIS-
SION CONCERNING THE PLOWING OF GRASSLANDS ON FRAGILE SOILS
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Colorado Land Use Commission held a special
meeting in Greeley, Colorado, on April 27 , 1982, designated as
an Initial Determination Hearing, and
WHEREAS, such hearing was held for the purpose of deter-
mining whether or not the Commission should take any further
action regarding the plowing of fragile grasslands, and
WHEREAS, by resolution, the Land Use Commission determined
that the plowing on grasslands on fragile soils may constitute
a danger of injury, loss, or damage of serious and major pro-
portions to the public welfare and safety, and
WHEREAS, the Land Use Commission requested Weld County to
respond to certain questions on or before May 5, 1982 .
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that the following responses
be given to the questions of the Land Use Commission:
1 . How significant of a problem is the plowout of grass-
lands on fragile soils in your County? Specifically, how many
acres will be plowed on Class VI and VII soils within the next
20 days?
ANSWER: Since 1980 , Weld County has kept historical
data on acreage of real property and the usage of that property
in Weld County. In 1980, our records indicate that 5296 . 18
acres were taken out of pastureland (or grassland) , and 2121. 82
acres were added to dryland farming. In 1981, the records show
that 13,447. 90 acres were taken out of pastureland and 12 , 606 .25
820424
acres were added to dryland farming. Of this 12 ,000 acres, a
significant portion had not been properly treated in accordance
with appropriate conservation methods. See letter of Extension
Service, Exhibit "A. " We have received reports that at least
one major landowner intends to plow in excess of 12,000 acres
of grassland which, by Soil Conservation Service studies, con-
tain 70% of Class VI and VII soils and 30% of Class IV soils .
We have also been informed that the majority of this land is
presently being plowed.
2 . Will there be an injury, loss or damage of major or
significant proportion to the public welfare and safety, if the
lands described in paragraph one are plowed within the next 20
days?
ANSWER: Yes . During periods of dry weather, low
moisture, and high winds, blowing dust problems increase signi-
ficantly. Dust blowing across roads and highways can signifi-
cantly increase vehicular collisions and personal injury. The
increase in blowing dust increases the health problems of indi-
viduals who suffer from respiratory disease. County roads
require increased maintenance from the sand and dust that accumu-
lates on them. Blowing dust can also fill ditches and reservoirs,
and cause damage to personal property such as fences, automobiles
and homes. Blowing soil can cover and otherwise damage growing
crops and open grassland. The loss of native grass can adversely
affect wildlife through the loss of their natural habitat. The
plowing of grassland can permanently damage and adversely affect
the productivity of land, due to both wind and water erosion.
The loss of valuable topsoil can permanently retard the productivity
of land.
3. Do you have the authority to take the action which you
feel is necessary to deal with this problem in a timely and
effective manner? Specifically, do you intend to consider the
regulation of fragile grasslands, and if so, what is your timetable?
-2-
ANSWER: We have the authority to control the plowout
of grassland under the "Land Use Control Enabling Act of 1974"
cited as Section 30-35-101, et seq. , CRS 1973. We intend to
consider the regulation of fragile grasslands and have scheduled
a hearing on Monday, May 10 , 1982, for the first reading of an
Ordinance, attached and marked Exhibit "B, " to regulate the
cultivation of grassland. Normally, in accordance with our
County Home Rule Charter, which requires three readings and three
publications , the Ordinance would not become effective until
June 15, 1982, at the earliest date. The time schedule would be
as follows:
May 10 first reading
May 13 publish first reading
May 24 second reading
May 27 publish second reading
June 7 third reading
June 10 publish third reading
June 15 effective date of Ordinance
However, we may attempt to pass the Ordinance under our emergency
procedures, which may mean that the Ordinance could take effect
on May 19 , 1982 .
4. What action, if any, do you think the Land Use Commis-
sion should take? Specifically, do you want the Land Use Commis-
sion to issue a cease and desist order until adequate local land
use regulations can be promulgated for the plowing of grasslands
or fragile grasslands (as you define them) in your County?
ANSWER: Since there are landowners who are presently
plowing grasslands in major proportions in Weld County and further,
since it will take the County some amount of time, at least until
May 19, 1982 , to pass an Ordinance to regulate the plowing of
grasslands, we are specifically requesting the Land Use Commis-
sion to issue a cease and desist order prohibiting the plowing of
grasslands in the unincorporated areas of Weld County until such
time as Weld County can have an opportunity to pass appropriate
regulations .
-3-
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 5th day of
May, 1982.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO ic //l C!!: _
Martin, ,Chairman—
c Carlson G n n
;' Pro-Tem
Norman Carlson
_ EXCUSED
Kirby
)4it;
+ J e K. Stein ark
ATTEST: 4"
Weld County Clerk and Recorder
and C to the Bo r
y•
De ty Coun y erk
AP ED, A/S_,Ty�RM;_
County Attorney
-4-
EXHIBIT "A"
", Cooperative Extension Service
' I1
Weld County Extension Office
(303) 356-4000 Ext. 465
425 North 15th Avenue
Exhibition Building
Island Grove Park
Greeley, Colorado 80631
VEll Mart ems
March 19, 1981
eo
Board of Commissioners
.s 1982 r
of Weld County
P.O. Box 958 °R Y cot,q,
915 10th Street
Greeley, CO 80632
Dear Sirs:
A review was made by Stan Boyes, Weld County Extension Service
and Ron Miller, Soil Conservation Service, on March 18, 1981 of the
farm unit located in Sections 6, 7, 8, 9, 17, 18, 19, 20 T8N R60W, and
Sections 1 , 2, 11 , 12, 13, 14, 24 TBN R61W, Sections 20, 22, 26, 27,
33, 34, 35 T9N R61W. As referenced in letter of July 24, 1979 regarding
break out of sod on parts of the above-mentioned land. Ron Miller
did review the land area in February 1982 and determined that additional
land has been plowed since 1979 to total now 8099 acres with 1377 acres
being class VI as non cropland suited.
The most seriously damaged area by wind erosion is located in
Township 8N R60W in the area around Edith Phillip's residence.
The conservation practices needed to adequately protect the soil
resources in this farm area include:
Conservation Cropping System: A winter wheat, fallow, winter wheat
rotation is needed. This particular property has been planted to crop
three successive years.
Crop Residue Use and Wind Strip Cropping: The most susceptable soils
to wind erosion on this farm unit are Stoneham fine sandy loam 0-6% slope,
and Revohill fine sandy loam 0-6% slope. Both soils require a relative
short field width exposed to wind and crop residue left on or near soil
surface to retard erosion. As example, these soils would require 250
pounds of crop residue on soil surface with 100 foot wide strips of crop
alternating with 100 foot wide fallow strips.
Colorado State University and U.S. Department of Agriculture Cooperating
r-
200 foot wide strips require 600 pounds crop residue on soil surface
at planting time. 300 foot wide strips require 750 pounds residue
on soil surface at planting time. The present conditions are unacceptable
as the field' s width are in excess of 1 mile in most cases.
Conservation Tillage and Stubble Mulch: These practices could be used to
insure the proper tillage operations and used to maintain protective
amounts of crop residue on soil surface on a year-long basis.
Attached are copies of Soil Conservation Service standards and
specifications for each of the above-mentioned practices.
The above-mentioned conservation practices will require a year
to establish and will not apply immediate relief from wind erosion
hazard. The most immediate form of relief will be to perform emergency
tillage. However, emergency tillage is only a temporary measure and will
not provide lasting results.
Respectfully submitted,14/A4cat Stanley L. Boyes
RorS ald D Miller County Director
District Conservationist
is
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