APPENDIX D

LOCAL ORDINANCES

CITY OF LAS CRUCES EROSION CONTROL ORDINANCE

DOÑA ANA COUNTY EROSION CONTROL ORDINANCE

























Doña Ana County Ordinance No. 194-2000, effective date January 19, 2001

TABLE OF CONTENTS

ARTICLE 1. GENERAL PROVISIONS 1

Section 1.2. Applicability 1

Section 1.3. Interpretation and Conflict. 1

Section 1.4. Severability 1

Section 1.5. Appeal. 2

Section 1.6. New Development 2

Section 1.7. Existing Conditions. 2

Section 1.8. Exempt Activities. 2

Section 1.9. Definitions. . 2

ARTICLE 2. DEVELOPMENT STANDARDS AND PROCESS 4

Section 2.1. Erosion Control Plan (ECP) Requirements for Development 4

Section 2.2. Documentation. 4

Section 2.3. Control Plan Review and Approval. 5

Section 2.4. Erosion Control Measures (ECMs). 6

 2.4.1. General Guidelines. 6

 2.4.2. Active Operations in Construction Areas and Other Land

 Disturbances. 6

 2.4.3. Specific Construction Guidelines. 7

ARTICLE 3. GENERAL NON-CONSTRUCTION ACTIVITY STANDARDS 8

Section 3.1. Ground Cover Removal Prohibited 8

 3.1.1. Weed Eradication and Dust Suppression. 8

 3.1.2. Storage of Materials and Material Transport 9

ARTICLE 4. EXISTING CONDITIONS 9

Section 4.1. Existing Human Created Vulnerable Conditions. 9

Section 4.2. Determination 9

Section 4.3. Plan Submission Requirement 9

Section 4.4. Review of EMP 9

ARTICLE 5. ENFORCEMENT 9

Section 5.1. Enforcement Provisions 9

Section 5.2. Effective Date. 10
Doña Ana County Ordinance No. 194-2000, effective date January 19, 2001

1

DOÑA ANA COUNTY ORDINANCE No. 194-2000

EROSION CONTROL REGULATIONS

ARTICLE 1. GENERAL PROVISIONS

Section 1.1. Authority and Purpose. The Board of Commissioners of Doña Ana County is

authorized by statute, in particular NMSA 1978, § 4-37-4, to enact ordinances to protect and

promote the health, safety, and general welfare of the residents of the unincorporated areas of

Doña Ana County. The purpose of this Ordinance is to protect and maintain the natural

environment and to reduce the negative health effects caused by the creation of fugitive dust,

more specifically “PM10", which refers to a size of particulate matter within dust that has been

identified by the scientific and medical communities and by the federal Environmental Protection

Agency (“EPA”) as a significant health risk in high concentrations in the air. This Ordinance is

enacted consistent with the goals and policies of the Comprehensive Plans for Doña Ana County

and for the Las Cruces Extraterritorial Zone, and as a part of New Mexico Environment

Department’s Natural Events Action Plan (NEAP) for Doña Ana County and the State of New

Mexico. This Ordinance shall accomplish the requirements of these documents by preventing,

limiting, or mitigating the effects of activities which create fugitive dust (which includes PM10's), or

have a tendency to make land more vulnerable to natural erosion forces that create fugitive dust.

The objective of the Ordinance is to ensure that all surface disturbance activities use erosion

control measures to mitigate visible fugitive dust on an ongoing basis for the protection of health

and safety of the residents of Doña Ana County. The Ordinance also attempts to ensure that

when natural events do occur, such as fugitive dust creation through high winds, the contribution

of human generated dust is limited in its negative health and safety impacts. Emissions that are

regulated by federal or State law to require filtering or similar treatment prior to release into the air

are not considered “fugitive”, and are not regulated by this Ordinance.

Section 1.2. Applicability {tc "Section 1.2. Applicability " \l 2}. Under the conditions outlined

below, the provisions of this Ordinance shall apply to any human activity, operation and/or

practices, or any condition caused by human activity, which generates dust, causes water erosion,

or makes the land more vulnerable to erosion by natural erosion forces. In the development of

County land for public purposes, County policies shall be consistent with the purposes of this

Ordinance, and shall be conducted so as to minimize the creation or aggravation of erosive forces.

Section 1.3. Interpretation and Conflict. {tc "Section 1.3. Interpretation and Conflict. " \l 2}

Where this Ordinance imposes greater restrictions than those imposed by other rules,

regulations, agreements, or County Ordinances or Resolutions, the provisions of this Ordinance

shall be prevailing and controlling. Where two or more provisions of this code are conflicting, the

most restrictive shall apply.

Section 1.4. Severability {tc "Section 1.4. Severability " \l 2}. If any article, section,

paragraph, sentence, phrase or part hereof is declared unconstitutional or invalid, the remaining

portions shall apply.

Section 1.5. Appeal. {tc "Section 1.5. Appeal. " \l 2} A determination that a property requires

an (Erosion Control Plan) ECP or Erosion Mitigation Plan (EMP), or that a proposed ECP or EMP

is insufficient, or both, shall be subject to administrative appeal to the County Manager, and then

to the Board of County Commissioners[1]. A property owner wishing to appeal a determination

shall request an appeal in writing, directed to the County Manager.

 [2]

Section 1.6. New Development {tc "Section 1.6. New Development " \l 2}. Any development

that requires a permit under any County Ordinance, other than for construction of a single family

dwelling unit (multiple applications within a subdivision shall not apply), shall require an Erosion

Control Plan to be submitted consistent with Article 2. Grading for all construction, including single

family dwelling units shall be limited to the building pad site, pond and driveway plus an additional

five feet in all directions of these areas.

Section 1.7. Existing Conditions. {tc "
Doña Ana County Ordinance No. 194-2000, effective date January 19, 2001

2

Section 1.7. Existing Conditions. " \l 2} The owner of any property that is determined to be in a

condition vulnerable to erosion by natural forces due to human development of the property may

be required to submit an Erosion Mitigation Plan (EMP) consistent with Article 2, if the condition of

the property is determined to pose a significant health threat due to the nature or extent of the

vulnerable condition of the property, or its location near concentrations of vulnerable populations,

such as of school children, or ill or elderly persons.

Section 1.8. Exempt Activities. {tc "

Section 1.8. Exempt Activities. " \l 2} Although Doña Ana County encourages the use of

reasonable Erosion Control Measures in all activities, the following activities are exempt from the

regulations and restrictions of this Ordinance:

A. Regular agricultural operations covered by the Right to Farm Act, NMSA 1978, §§ 47-9-1

through 47-9-7(1991), including cultivating, tilling, growing, and harvesting crops, and the

raising of farm animals or fowl.[3]

B. Governmental activities during life threatening situations or other emergencies, or in

connection with any officially declared disaster or state of emergency.

C. Operations conducted by essential service utilities to provide electricity, natural gas, oil

and gas transmission lines,[4] telephone, water and sewage during or to avoid service

outages and emergency disruptions.

D. Temporary use of unpaved roads and parking lots that generate less than 20 vehicle trips

per day for less than three (3) successive calendar days.[5]

Section 1.9. Definitions. {tc "

Section 1.9. Definitions. " \l 2}The following words, terms and phrases, when used in this

Ordinance, shall have the meanings ascribed to them in this section, except where the context

clearly indicates a different meaning:

“Active operations” means any human activity that is capable of generating, or generates visible

fugitive dust, including bulk material storage, handling and processing; earth moving;

construction/renovation/demolition activities; and the movement of motorized vehicles on any

unpaved roadways and parking areas.

“Bulk material” means sand, gravel, soil, aggregate and any other inorganic or organic solid matter

capable of releasing visible fugitive dust.

“Chemical soil stabilization/suppression” means a method of dust control implemented by any

person to mitigate PM10 emissions by applying asphaltic emulsions, acrylics, adhesives, or any

other approved material that are not prohibited for use by the New Mexico Environment

Department, the Environmental Protection Agency, or any other law, rule, or regulation.

“Disturbed area” means any area in which the soil will be altered by grading, leveling, scraping, cut

and fill activities, excavation, brush and timber clearing, grubbing, and unpaved soils on which

vehicle operations and/or movement will or has occurred.

“Dust generating operation” means any activity capable of generating fugitive dust, including, but

not limited to, activities associated with creating a disturbed area, construction and demolition

activities, and the movement of vehicles on unpaved roadways or parking areas.
Doña Ana County Ordinance No. 194-2000, effective date January 19, 2001

“Dust suppressant” means water, hygroscopic materials, or non-toxic chemical stabilizers used as

a treatment to reduce visible fugitive dust emissions. Dust suppressants shall be used as

recommended by the manufacturer and in concentrations and application frequencies sufficient to

prevent violation of this Ordinance.

“Erosion Control Measures (ECM)” means techniques used to limit the emission and/or airborne

transport of fugitive dust from its original site to accomplish satisfactory results for temporary

and/or extended suppression of dust and PM10 emission(s).

“Erosion Control Plan (ECP)” means a written description of all Reasonably Available Control

Measures (RACM’s) to be implemented at a work site and/or in transit to and from a work site for

any earth moving, construction, or potential dust generating operation. Such written description

may be incorporated into building and construction plans or a separate document submitted with

said plans.

“Fugitive dust” means any particulate matter entrained in the ambient air that is caused from manmade and natural activities without first passing through a stack or duct designed to control flow,

including, but not limited to, emissions caused by movement of soil, vehicles, equipment, and

windblown dust. Excluded particulate matter includes matter emitted directly from the exhaust of

motor vehicles, or from other combustion devices, portable brazing, soldering or welding

equipment, and pile drivers.

“High wind conditions” means on-site hourly average wind speed greater than 15 m.p.h., gusts of

20 m.p.h. or an active Wind Advisory issued by National Weather Service for Doña Ana County.

“Native plants” means plants that are indigenous to the state from other places that have become

established in wildlands without cultivation.
Doña Ana County Ordinance No. 194-2000, effective date January 19, 2001

“Natural cover” means any vegetation that exists on the property, prior to any construction activity

or achieved through vegetation restoration back to a natural state, including the placement of sod.

“PM10" means particulate matter, both filterable and condensable, with an aerodynamic diameter

less than or equal to a nominal ten (10) micrometers.

“Palliative” means any agent used to lessen or reduce dust emissions.

“Particulate matter” means any material emitted or entrained into the air as liquid or solid

particulate, with the exception of uncombined water.

“Reasonably Available Control Measure (RACM)” means any device, system, process

modification, apparatus, technique, or control measure, or combination thereof, which results in

the lowest emissions rate possible taking into consideration the RACMs technological and

economical feasibility as determined by approval of the Erosion Control Plan.

“Stabilized” or “Stabilization” means the ongoing process necessary to reduce the fugitive dust

generating capability of a surface by paving, dust suppression, watering, compacting or

revegetating the disturbed surface sufficient to prevent a violation of this Ordinance.

“Track-out” means visible bulk material deposited upon a paved public or private

roadway and capable of going airborne due to mechanical actions.

ARTICLE 2. DEVELOPMENT STANDARDS AND PROCESS{tc "ARTICLE 2. DEVELOPMENT

STANDARDS AND PROCESS"}

Section 2.1. Erosion Control Plan (ECP) Requirements for Development. {tc "Section 2.1.

Erosion Control Plan (ECP) Requirements for Development. " \l 2}Other than for a single

family dwelling unit, any grading, construction, demolition, or other development requiring a permit

or other form of approval under any County ordinance shall have an approved Erosion Control

Plan (ECP) in place prior to receiving a permit. The ECP may be separate documents or

incorporated as part of required building and/or construction plans.

Section 2.2. Documentation. {tc "

Section 2.2. Documentation. " \l 2} The following shall constitute the minimum information

required within the ECP to be submitted as part of an application for building and/or subdivision

construction to describe the Erosion Control Measures (ECMs) proposed for the project. For all

subdivisions, ECMs shall be outlined and approved as part of the overall review of the subdivision

construction drawings through the Engineering and Planning Departments.

A. Name(s), address(es) and phone number(s) of person(s) responsible for the preparation,

submittal and implementation of the ECP , and for the dust generating operations

generally.

B. A site plan or plat of survey of the site that describes:
Doña Ana County Ordinance No. 194-2000, effective date January 19, 2001

1. The total area of land surface to be disturbed and the total area of the entire project

site, in acres or square feet, depending on scale;

2. The operation(s) and activities to be carried out on the site;

3. All anticipated sources of fugitive dust emissions on the site;

4. Temporary drainage and/or ponding facilities to minimize soil erosion and localized

flooding of adjacent properties from water utilized on site for development or for

dust control;

5. Delivery, transport and storage areas for the site, including types of materials to be

stored, and proposed maximum sizes of stockpiles for different types of materials.

C. A description of ECMs or combination thereof to be applied during all periods of dust

generating operations to each of the fugitive dust sources described on the site plan or

plat. For each source identified at least one control measure must be implemented. The

same control measure(s) may be used for more than one dust generating activity. Specific

details must include:

1. If dust suppressants are to be applied, then the type of suppressant, method,

frequency, and intensity of application, the number and capacity of application

equipment to be used, and any pertinent information on environmental impacts

and/or certifications related to appropriate and safe use for ground applications;

2. The specific surface treatment(s) and/or other ECMs utilized to control material

track-out and sedimentation where unpaved and/or access points join paved

surfaces;

3. For each fugitive dust source at least one auxiliary ECM designated as a

contingency measure shall be described in the original control plan. Should the

original ECM in the control plan prove ineffective, immediate and effective

implementation of the contingency measure shall obviate the requirement of

submitting a revised control plan; and

4. ECMs to be implemented prior to any period of inactivity of ten (10)

days or more, due to any reason other than extended rainfall.

D. A description of ECMs or combination thereof to be used to minimize the negative effects of

water usage on site during the development activities. All approved measures should be

continued until final paving, wall or fence construction and landscaping is in place.

D. The person responsible for implementing the objectives of the ECP shall keep accurate

records and document all activities in carrying out the ECP. These records shall be made

available upon request by the County staff.

Section 2.3. Control Plan Review and Approval. {tc "Section 2.3. Control Plan Review and

Approval. " \l 2} Review and approval of a proposed ECP shall be the responsibility of the

County Engineering, Planning Departments or designee. Approval may be conditioned upon the

implementation of additional measures, actions, or other activities, in addition to those included in

the proposed ECP. Approval and issuance of the building and/or subdivision construction

permit(s) and the approval of all outlined ECMs contained within the control plan or description

shall constitute a mandate that the approved ECMs be implemented by the developer, contractor,

builder, owner, and/or agents as part of construction activities.

Section 2.4. Erosion Control Measures (ECMs). {tc "Section 2.4. Erosion Control Measures

(ECMs). " \l 2} Erosion Control Measures included with an Erosion Control Plan required by this

Ordinance may include, but are not necessarily limited to, any one or more of the following

measures:

2.4.1. General Guidelines. {tc " 2.4.1. General Guidelines. " \l 3}

1. Designing subdivisions or building sites to utilize existing, pre-development grades;

2. Watering disturbed areas on a regular and minimum basis throughout daily

construction activities;

3. Applying palliatives or chemical soil suppressant/stabilizer for idle construction

periods;

4. Constructing snow and/or wind fences;

5. Re-seeding or re-vegetation of graded or disturbed areas;

[6] 6. Grading for street and utility placement only as part of subdivision construction;
Doña Ana County Ordinance No. 194-2000, effective date January 19, 2001

7. Building some or all interior and perimeter cinder block, rockwalls, and retaining walls as

part of the overall construction of all subdivisions and not part of the individual

building permit for each lot;

8. Retaining natural vegetation during the construction phase of buildings excluding

the building pad site;

9. Utilizing existing or natural vegetation as part of the required landscaping

for the site as elsewhere required within these design standards, to limit grading

activities, to promote water conservation, and to reduce dust generation;

10. Installing vegetation or non-natural landscaping elements in the latter part of

construction to reduce the amount of disturbed area and the potential for dust

generation; or

11. Implementing any other reasonable dust suppressing agent or activity.

2.4.2. Active Operations in Construction Areas and Other Land Disturbances. {tc "

2.4.2. Active Operations in Construction Areas and Other Land Disturbances. " \l 3}

1. Short term control measures may include:

a. Regularly scheduled wet suppression;

b. Dust suppressants applied in amounts and rates recommended by the

manufacturer and maintained as recommended by the manufacturer;

c. Upwind temporary windbreaks, including fabric fences with the bottom of

the fence sufficiently

anchored to the

ground to prevent

material from blowing

underneath the fence;

d. Starting construction upwind and stabilizing disturbed areas before

disturbing additional areas; and/or

e. Stopping active operations during high wind periods.

2. Long term control measures may include:

a. Site stabilization using dust suppressants applied in amounts and rates

recommended by the manufacturer and maintained as recommended by

the manufacturer;

b. Reseeding using native grasses;

c. Xeriscaping;

d. Tree planting; and/or

e. Permanent perimeter and interior fencing.

2.4.3. Specific Construction Guidelines. The following additional ECMs may be

incorporated in a proposed ECP to mitigate the effects of the specified activities.

1. Unpaved Roadways.

a. Paving using asphalt, recycled asphalt, asphaltic concrete, concrete, or

double-penetration (consistent with subdivision or zoning requirements);

b. Dust suppressants applied in amounts and rates recommended by the

manufacturer and maintained as recommended by the manufacturer;

Regularly scheduled wet suppression; and/or

c. The use of traffic controls, including decreased speed limits with

appropriate enforcement; vehicle access restrictions and controls; road

closures and barricades; and off-road vehicle access controls and closures.

2. Trucks Hauling Bulk Materials on Public Roadways.

a. Properly secured tarps or cargo covering that covers the entire surface of

the load;

b. Dust suppressants applied in amounts and rates

recommended by the manufacturer;

c. Maintain 6 inches of freeboard from the rim of the truck bed. Freeboard

means the vertical distance from the highest portion of the load to the

lowest part of the rim of the truck bed; and/or

d. Prevent leakage from the truck bed, sideboards, tailgate or bottom dump

gate.

3. Bulk Material Handling.

a. Spray bars;
Doña Ana County Ordinance No. 194-2000, effective date January 19, 2001

b. Wetting agents (surfactants) added to bulk material;

c. Wet suppression through manual application;

d. Dust suppressants added to bulk materials in amounts and rates

recommended by the manufacturer and maintained as recommended by

the manufacturer;

e. Stop bulk material handling during high wind conditions;

f. Reduce process speeds; and/or

g. Reduce drop heights.

4. Industrial Sites.

a. Pave roadways and parking area with asphalt, recycled asphalt, asphaltic

concrete, and concrete;

b. Regularly scheduled vacuum street cleaning;

c. Regularly wet suppression of unpaved areas;

d. Dust suppression applied in amounts and rates recommended by the

manufacturer and maintained as recommended by the manufacturer;

e. Wind breaks;

f. Enclosures;

g. Increase wet suppression applications during high wind conditions;

h. Slow active operations during high wind conditions; and/or

i. Stop active operations during high wind conditions.

[7] 5. Demolition and Renovation Activities When Asbestos Containing Materials

Are Not Present: If asbestos containing material may be present, all demolition or renovation

activity shall be performed in accordance with the federal standards referenced in 20 NMAC

11.64, Emission Standards for Hazardous Air Pollutants for Stationary Sources. In other

instances, the following ECMs may be utilized:

a. Constant wet suppression on the debris piles during demolition;

b. Dust suppression applied on the debris piles in amounts and rates

recommended by the manufacturer;

c. Enclosures;

d. Curtains or shrouds;

e. Negative pressure dust collectors; and/or

f. Stop demolition during high wind conditions.

6. Milling, Grinding or Cutting of Paved or Concrete Surfaces.

a. Constant wet suppression;

b. Ongoing clean up of milled, ground or cut material;

c. Dust suppression applied in amounts and rates recommended by the

manufacturer and maintained as recommended by the manufacturer.

d. Enclosures;

e. Negative pressure dust collectors; and/or

f. Curtains or shrouds.

7. Pressure Blasting Operations.

a. Use of non-friable abrasive material;

b. Curtains or shrouds;

c. Negative pressure dust collectors;

d. Constant wet suppression; and/or

e. Ongoing clean up of abrasive material.

ARTICLE 3. GENERAL NON-CONSTRUCTION ACTIVITY STANDARDS{tc "

ARTICLE 3. GENERAL NON-CONSTRUCTION ACTIVITY STANDARDS"}

Section 3.1. Ground Cover Removal Prohibited. {tc "Section 3.1. Ground Cover Removal

Prohibited. " \l 2}No person shall disturb the topsoil or remove ground cover on any real

property within the County unless reasonable actions are taken to prevent generation of dust

caused by the disturbed condition.

3.1.1. Weed Eradication and Dust Suppression. {tc "3.1.1. Weed Eradication and

Dust Suppression. " \l 3}

 1. Weed eradication is limited to removal of specific weeds; clearing of the

entire lot is prohibited.
Doña Ana County Ordinance No. 194-2000, effective date January 19, 2001

[8] 2. Once weeds are removed or mowed, dust suppression can be achieved

through watering, chemical suppressant application, or the expansion of natural vegetation areas

on the site. Expansion of natural vegetation areas is encouraged.

[9]

3.1.2. Storage of Materials and Material Transport. {tc "3.1.2. Storage of Materials

and Material Transport. " \l 3}Actions shall be taken to ensure that such areas or uses

with the potential of becoming or generating fugitive dust and particulate matter, shall be

covered, moistened, compacted, or otherwise treated to prevent fugitive dust creation.

ARTICLE 4. EXISTING CONDITIONS{tc "ARTICLE 4. EXISTING CONDITIONS"}

Section 4.1. Existing Human Created Vulnerable Conditions. {tc "Section 4.1. Existing

Human Created Vulnerable Conditions. " \l 2}If the condition of a property is determined to

pose a significant health threat, due to the nature or extent of existing development that makes the

property vulnerable to natural erosion forces, or due to its location near concentrations of

vulnerable populations, such as of school children, or ill or elderly persons, an Erosion Mitigation

Plan (EMP) shall be required.

Section 4.2. Determination. {tc "

Section 4.2. Determination. " \l 2}The initial determination that a property is in such a condition

may be made by any law enforcement or code enforcement, or other County agent authorized to

make such a determination, subject to review by the Planning Director.

Section 4.3. Plan Submission Requirement. {tc "Section 4.3. Plan Submission

Requirement. " \l 2} Once the determination has been made in writing, the property owner shall

be required to submit within thirty (30) working days a proposed Erosion Mitigation Plan, which

may include any of the Erosion Control Measures (ECMs) presented in this Ordinance, or other

reasonable plans for eliminating or mitigating the vulnerable condition of the property. The Plan

may include a proposed time line for implementation.

Section 4.4. Review of EMP {tc "Section 4.4. Review of EMP " \l 2}. Upon receipt of a

proposed EMP by the County representative making the determination that a Plan is required, the

EMP shall be submitted for review to the County Engineering and Planning Departments. The

determination of whether the EMP is sufficient shall be made by the County Planning Director or

other authorized County staff member. If the Plan is determined to be insufficient, that

determination and the reasons there shall be provided to the applicant in writing, and the applicant

shall be given ten (10) working days to revise the EMP to address the insufficiencies.

 ARTICLE 5. ENFORCEMENT{tc "ARTICLE 5. ENFORCEMENT"}

Section 5.1. Enforcement Provisions. {tc "Section 5.1. Enforcement Provisions. " \l 2} Any

violation of the provisions of this Ordinance, including any failure to implement any ECM of an

approved ECP or EMP, may be subject to any penalties or remedies allowed by law, including but

not limited to a fine of up to Three Hundred Dollars ($300), up to ninety (90) days in jail, or both,

for each violation, as allowed by NMSA 1978, § 4-37-4, or as allowed consistent with any

subsequent legislation providing for penalties for violations of county ordinances. In addition, the

County may enforce the provisions of this Ordinance through the procedures in the County

Abatement Ordinance, No. 169-96, or any similar ordinance subsequently enacted. The County

may also pursue injunctive relief, or any other remedies available under the law.

Section 5.2. Effective Date. {tc "Section 5.2. Effective Date. " \l 2} This Ordinance shall

become effective thirty (30) days after an executed copy is recorded in the Doña Ana County

Clerk’s Office.

ADOPTED by the Board of Commissioners of Doña Ana County this 15th day of

December, 2000.

Original Signed - Carlos E. Garza

Carlos E. Garza, Chairman

Original Signed - Joseph R. Cervantes
Doña Ana County Ordinance No. 194-2000, effective date January 19, 2001

Joseph R. Cervantes, Vice-Chairman

Original Signed - Gilbert T. Apodaca

Gilbert T. Apodaca, Member

Original Signed - Kenneth D. Miyagishima

ATTEST: Kenneth D. Miyagishima, Member

Original Signed - Rita Torres Original Signed - Miguel G. Silva

Rita Torres, County Clerk Miguel G. Silva, Member

Filed at the Dona Ana County Clerk’s Office at

3:44 pm on December 19, 2000.

Book 247 Pages 333-342