HomeMy WebLinkAbout20260671 Hearing Certification
Docket No. 2025-06.E
Board of County Commissioners
Weld County, Colorado
Show Cause Hearing, PCSC23-0011, to Determine Whether Good Cause Exists for
Revocation of Second and Third Amended Use by Special Review Permit,
2MUSR19-95-1075, and 3MUSR21-95-1075, for Open Pit Mining and Materials
Processing (sand, gravel and stone), an Asphalt and Concrete Batch Plant, for an
Oil Field Business, more specifically defined as an Oil and Gas Support and Service
Facility — Pipeline and Roust-a-bout; and a private commercial recreational facility
(water skiing lake and primitive campsite for water skiing members) —
R M Hiner Construction Co, Inc.
A public hearing was conducted on April 1, 2026, at 9:00 a.m., with the following present:
Commissioner Scott K. James, Chair
Commissioner Jason S. Maxey, Pro-Tem
Commissioner Perry L. Buck
Commissioner Lynette Peppler
Commissioner Kevin D. Ross
Also present:
Acting Clerk to the Board, Jess Reid
Deputy County Attorney, Karin McDougal
Department of Planning Services Representative, Diana Aungst
The following business was transacted:
I hereby certify that pursuant to a Notice dated January 30, 2025, and duly published
February 1 , 2025, in the Greeley Tribune, a public Show Cause hearing was conducted
on February 12, 2025 to determine whether good cause exists for the revocation of
Second Amended Use by Special Review Permit, 2MUSR19-95-1075, for Open Pit
Mining and Materials Processing (sand, gravel and stone), an Asphalt and Concrete
Batch Plant, for an Oil Field Business, more specifically defined as an Oil and Gas
Support and Service Facility — Pipeline and Roust-a-bout; and a private commercial
recreational facility (water skiing lake and primitive campsite for water skiing members) in
the A (Agricultural)Zone District, held by R M Hiner Construction Co, Inc. At said hearing,
the Board continued the matter to April 2, 2025, out of respect for the family, to grieve the
passing of Rex Hiner, permittee. On April 2, 2025, the Board continued the matter to
October 1, 2025, to allow the permittee additional time to work with staff to complete the
outstanding items, including recording the map for 3MUSR21-95-1075. On October 1,
2025, the Board continued the matter to April 1, 2026, to allow the permittee additional
time to work with staff to complete the outstanding items. Karin McDougal, Deputy County
Attorney, made this a matter of record.
2026-0671
PL0990
Hearing Certification (PCSC23-0011) — R M Hiner Construction Co, Inc.
Page 2
Diana Aungst, Department of Planning Services, presented a brief history of the violations
and the general location of the site. She outlined the progress the permittee had made
since the last hearing on October 1, 2025, including the approval of the Vacation of a
Recorded Exemption, and relayed the Vacation of Right-of-Way is scheduled for approval
in May, 2026. She asserted the permittee is making progress on compliance, listed the
items that still needed to be addressed/completed, and displayed images of the site from
the week prior.
Whitney Borunda, granddaughter, represented the permittee and stated they are working
through the process, which will take additional time. Chair James proposed the idea of
dismissing the case, as the permittee is diligently working with staff to come into
compliance.
No public testimony was offered concerning this matter.
There was discussion among the Board regarding dismissal, versus continuing the
matter. Commissioner Ross supported a continuance, as to not set a precedence of
dismissing a case prior to full compliance. Ms. Aungst suggested a six (6)-month
continuance, which would allow the permittee time to make additional progress, and then
provide the Board with a status update.
Commissioner Ross moved to continue the matter to October 7, 2026, at 10:00 a.m., to
allow the permittee additional time to work with staff to complete the outstanding items.
The motion was seconded by Commissioner Buck, it carried unanimously, and there was
no further discussion. (Clerk's Note: Teams recording start timestamp 33:46, end
timestamp 43:23)
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Hearing Certification, on motion duly made and seconded, by the following
vote on the 15th day of April, A.D., 2026:
[Insert H-Cert Attestation Block Post Meeting]
2026-0671
PL0990
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