HomeMy WebLinkAbout20252668.tiff Resolution
Action of the Board at Show Cause Hearing, PCSC23-0011, Concerning
Second and Third Amended Use by Special Review Permits, 2MUSR19-95-1075,
and 3MUSR21-95-1075 — R M Hiner Construction Co, Inc.
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, on the 12th day of February, 2025, a Probable Cause Hearing was held before
the Board to consider setting a Show Cause Hearing to determine whether or not the
current owner, R M Hiner Construction Co, Inc., 11 Austin Road, Lamar, Colorado 80152,
and R M Hiner Construction Co, Inc., 2200 0 Street, Greeley, Colorado 80631, is in
compliance with certain Development Standards contained in 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,
on property being further described as follows:
Being part of the NW1/4 of Section 31, Township 6 North, Range 65 West,
and part of the E1/2 NE1/4 of Section 36, Township 6 North, Range 66 West
of the 6th P.M., Weld County, Colorado
Whereas, at said hearing the Board determined there was sufficient probable cause to
schedule a Show Cause Hearing for April 2, 2025, to consider whether or not said
Second Amended Use by Special Review Permit, 2MUSR19-95-1075, should be revoked
for failure to comply with certain Development Standards, as follows:
1. A Site Specific Development Plan and Amended Use by Special Review Permit,
#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,
and subject to the Development Standards stated hereon.
7. Any vehicle washing area(s) shall capture all effluent and prevent discharges from
drum washing and the washing of vehicles, in accordance with the Rules and
Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency.
36. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
CC. PL(DE/MN/DA/KR),AsR(s0, 2025-2668
A(881 AFri. PL0990
I'Its/2s
Show Cause (PCSC23-0011) Concerning 2MUSR19-95-1075, and 3MUSR21-95-1075—
R M Hiner Construction Co, Inc.
Page 2
37. The property owner or operator shall be responsible for complying with the
Operation Standards of Section 23-2-250 of the Weld County Code.
50. Outdoor storage shall be restricted to the areas delineated on the approved
AMUSR-1075 Map.
57. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or
stated, will require the approval of an amendment of the permit by the Weld County
Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the
office of the Department of Planning Services.
58. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Non-compliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board
of County Commissioners.
Whereas, on April 2, 2025, the Board of County Commissioners heard all of the testimony
and statements of those present, and the recommendation of Planning staff, and having
been fully informed, found the applicant had made good progress on coming into
compliance, and, therefore, continued the matter to October 1, 2025, to allow the
permittee additional time to work with staff to complete the outstanding items.
Whereas, on October 1, 2025, the permittee was present and represented by
Whitney Borunda, 2404 Marina Street, Evans, Colorado 80620, and
Whereas, the Board of County Commissioners heard all of the testimony and statements
of those present, and the recommendation of Planning staff, and having been fully
informed, finds that the applicant has continued to make progress on coming into
compliance, and, therefore, deemed it advisable to continue the hearing until April 1,
2026, to allow the permittee additional time to work with staff to complete the outstanding
items.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that based on the findings listed above, concerning Second and Third
Amended Use by Special Review Permits, 2MUSR19-95-1075, and 3MUSR21-95-1075,
issued to R M Hiner Construction Co, Inc., the hearing, be, and hereby is, continued to
April 1, 2026, at 9:00 a.m.
2025-2668
PL0990
Show Cause (PCSC23-0011) Concerning 2MUSR19-95-1075, and 3MUSR21-95-1075—
R M Hiner Construction Co, Inc.
Page 3
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 1st day of October A.D., 2025:
Perry L. Buck, Chair: Aye , . .*
Scott K. James, Pro-Tem: Aye t \ /AN,.
Jason S. Maxey: Excused /' ,1,
Lynette Peppier: AyetriP. 111111
Kevin D. Ross: Aye `"„ ` r•.
Approved as to Form: /
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-2668
PL0990
MEMORANDUM
�86
To: Board of County Commissioners
? T1 From: Diana Aungst,Principal Planner
C 0 U N Y PCSC23-0011-Show Cause Hearing to determine if
— 1 is in p 2MUSR19-95-1075
Subject: campgrounapplicantd,gravel pit,and
liancewith roust-a-bout(Rex and—
Sharon Hiner)(3MUSR21-95-1075)
Date: October 1,2025(continued from April 2,2025)
SHOW CAUSE CASE SUMMARY
CASE NUMBER: PCSC23-0011
PROPERTY OWNER: R M Hiner Construction Co Inc.c/o Rex and Sharon Hiner
SITUS: 2220,2300,2222 0 Street,Greeley,CO 80631
PARCEL NUMBERS: 0803-31-2-00-006,0805-36-1-00-009
0805-36-1-00-008,0803-31-2-00-009
LEGAL DESCRIPTION: Lot B of Recorded Exemption RE-1807;Being part of the NW4 of Section 31,
Township 6 North,Range 65 West,and part of the E2NE4 of Section 36,
Township 6 North,Range 66 West of the 6th PM,Weld County,Colorado
TOTAL ACREAGE: +/-167 acres
ZONING: A(Agricultural)
LOCATION: South of and adjacent to 0 Street(CR 64)and east of and adjacent to North 25.
Avenue
Pursuant to Chapter 2,Article IV,Section 2-4-40 of the Weld County Code,a Probable Cause public hearing
is requested before the Board of County Commissioners.
Update October 1,2025:
The Show Cause hearing on April 2,2025 was continued to today,October 1,2025 in order to determine if the
applicant is in compliance with the Weld County Code.Since the last hearing the Third USR(3MUSR)
amendment has been recorded however the site remains out of compliance with the Weld County Code
specifically floodplain code,land use code,grading,drainage,and traffic.
Progress has been made as it appears that the hydro-vac business is not operating on the site.The vacation
of the Recorded exemption was approved by the Board of County Commissioners on September 24,2025.
The following items have been completed:
1. Completing the Conditions of Approval and the recording of the 3MUSR21-95-1075 map.
2. Submitting the paperwork for the vacation of the Recorded Exemption.
The following items am still outstanding:
1. Submit the final plat to address the conditions of the vacated Recorded Exemption.
2. Complete the division of the vacated Lot B with a deed(s).
3. Submit two(2)new USR documents for review to separate the mining/recreation from the truck
PCSC23-0011 I Show Cause I Hiner
Page 1 of 5
parking and roust-a-bout activities.
4. Submit a Floodplain Development Permit application,a drainage report,a grading permit application,
and other application to fully permit the new uses.
POTENTIAL SHOW CAUSE COURSES OF ACTION:
1. Dismissal
2. Continue to a later hearing date
3. Suspension
4. Fine
5. Revocation
6. Injunctive Action
April2,2025
Numerous emails have been exchanged between staff and the applicant over the last few months.The
comments have been addressed on the 3MUSR map and the map was submitted for recording as of March
21,2025.The Office of Emergency Management(OEM)submitted referral comments dated June 29,2021 to
submit an evacuation plan due to RV camping in the floodplain.This Condition of Approval and one other are
still outstanding.
On January 22,2025 Ms.Lyndsay Holbrook,the MS4 Specialist for the County,made a site visit and provided
the applicant clarification on the storage locations for road base,aggregate,concrete,and topsoil.The
applicant has indicated that they will move these stockpiles in accordance with Ms.Holbrook's direction.
Overview:
On July 16,2024 staff issued a stop work order and notified the applicant that the current operations on the
site are in violation of the Weld County Code and FEMA Floodplain Regulations.The letter listed the known
activities on the site that are not approved under USR permit 2MUSR19-95-1075,FEMA floodplain regulations,
or MS4 regulations.
The stop work order letter listed six(6)items that are required to cease operation until properly permitted.
Since the letter was sent in July the activities have increased in intensity and no action has been taken by the
applicant to properly permit these items.
The following items were required to cease operation until property permitted:
1. The dumping of any and all liquids,including hydro-vac water shall cease.
2. The stockpiling of dirt,recycled asphalt,and other aggregate shall cease on all parcels removed from
the mining permit by the DRMS technical revision.
3. All trucks not associated with the roust-a-bout,including the hydro-vac trucks,shall cease parking on
the site.
4. The washing of trucks shall cease.
5. All equipment and materials not associated with the roust-a-bout,shall cease being stored on the site.
6. Grading will cease.
In order to correct the violations,the following permits are required:
1. A Floodplain Development Permit(FHDP).
2. A grading permit.
3. Temporary and permanent stormwater control measures as required in the MS4 area.
4. Amended Land use permits.
Currently the activities are a violation of the Chapter 8(Public Works),Chapter 23(Zoning),the MS4
regulations,and the floodplain regulations.
PCSC23-0011 I Show Cause I Hiner
Page 2 of 5
Background:
In response to PCSC21-0017,concerning the expansion of the RV Campground,RV Storage area and addition
of buildings on the site a 3.minor amendment 3MUSR21-95-1075 was submitted.This 3.amendment was
approved by the Board of County Commissioners on September 1,2021 and reconsidered on June 29,2022.
Per a request dated September 13,2022,from Mr.Michael Bare,the representative for this 3rd Minor
Amendment,an extension was granted to December 31,2022 to address all the Conditions of Approval and
record 3MUSR21-95-1075,however,this case is still pending.
The site Is encumbered by a mining permit M-1977-151 that was issued by the Department of Reclamation
and Mining Services(DRMS)in 1977.On July 5,2022 a request to release 58.3 acres from M-1977-151 was
submitted to the DRMS by the owner/operator of the gravel pit,Mr.Hiner.Shortly thereafter the request was
approved.On July 7,2022,DRMS requested a Technical Revision to show how the applicant will address the
deficiency of existing water shares available to provide permanent augmentation of the existing exposed
groundwater area.On August 8,2022 the Technical Revision report was submitted stating that there will be
backfill placed to eliminate the 22.75 acre-feet per year of evaporative loss.Backfill in the amount of 0.5 acres
was completed in spring of 2022 and another 7.8 acres will be backfilled.Correspondence was sent via email
concerning the changes to the mining acreage and how that would affect the land use permits.
Timeline:
April 10,2014 PCSC14-0003—Multiple Tank Batteries in a Designated Floodplain.
March 14,2019 2MUSR19-95-1075 Submitted for review.
July 29,2019 2MUSR19-95-1075 Approved by the Board of County Commissioners.
June 19,2020 FHDP20-0034 for 4,800 square foot pole frame structure.
July 9,2020 COMP20-00227 Multiple sun shade/canopy and picnic areas constructed without
permits.
July 27,2020 FHDP20-0034 Approved for 4,800 square foot pole frame structure.
August 20,2020 PRE20-0142 Amendment to 2MUSR19-95-1075.
May 3,2021 PCSC21-0007 Initiated due to new construction and storage of RVs.
May 3,2021 FHV21-0007 Initiated due to storage of RVs in the floodplain.
June 21,2021 3MUSR21-95-1075 Submitted for review.September 27,24 staff requested that this
map be submitted for recording.This map has not yet been submitted.
September 29,2021 FHDP21-0018 issued as an overview of the new floodplain boundaries and how the
expanded campground meets the floodplain requirements.
July 20,2023 PCSC23-0011 Initiated due to dumping of dirt and water,truck washing,and an increase
in truck traffic.
July 21,2023 FHV23-0009 Initiated due to dumping of dirt and water in the floodplain.
August 23,2023 PRE23-0223 Discussion on what is required to get the site permitted primarily finishing
up the changes to the camping side and brining the section of the property into
compliance.
August 30,2023 PRE23-0233 Discussion on what is required to get the site permitted primarily finishing
up the changes to the camping side and brining the section of the property into
compliance.
November 30,2023 FHDP23-0067 was submitted for review for the temporary and permanent buildings in
the floodplain associated with the campground.
PCSC23-0011 I Show Cause I Hiner
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July 16,2024 Stop work order and Notice of Violation letter sent to the property owner.(Operations
on the site have continued and expanded.)
July 18,2024 Email request from the owner to discuss the stop work order.
July 19,2024 Staff met with the owners to discuss the next steps to move to achieving compliance
with the code.
August 9,2024 PRE24-0220 was submitted by EPS Group(fka Northern Engineering)Ms.Melanie
Foslien
August 15,2024 PRE24-0220 staff met with EPS Group Ms.Melanie Foslien about the requirements site
to come into compliance.
August 21,2024 CDPHE—Colorado Water Quality Control Division—OEPR Emergency Incident Report
2024-823—the report described a release of diesel to Hiner Recreational Lake due to
a forklift entering the lake,no injuries.
October 8,2024 FHDP23-0067 issued for all the temporary and permanent buildings in the floodplain
associated with the campground.
November 25,2024 Notification of the PCSC23-0011 hearing sent certified mail to the property owner.
January 8,2025 Probable Cause Hearing and probable cause was found and a Show Cause hearing
was scheduled for February 12,2025.
February 12,2025 Show Cause Hearing postponed and reschedule for April 2,2025
April 2,2025 Show Cause Hearing held.It was determined that progress had been made,and an
October continuance date was set.
July 30,2025 The vacation application and fee were submitted.
September 24,2025 The VAC25-0015 to vacate the Recorded Exemption was approved on September 24,
2025.
USRs on the site(Since 1989)
August 8,1989 USR(SUP)-423 was approved by the Board of County Commissioners for an asphalt
and concrete batch plant
April 12,1995 USR-1075 (Amendment to USR-423) was approved by the Board of County
Commissioners for concrete and asphalt batch plant,an oil field construction business,
and a recreational facility.
May 25,2011 AmUSR-1075(First Amendment)this amendment was approved by the Board of
County Commissioners to increase the number of camping sites from six(6)to thirty-
eight(38).
July 29,2019 2MUSR19-95-1075(Second Amendment)this amendment was approved for Open Pit
Mining and Materials Processing(sand,gravel and stone);an Asphalt and Concrete
Batch Plant;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)along with
commercial hunting(hunting on a fee basis)).The amendment was approved by the
Board of County Commissioners to allow the water skiers on site from April 15 to
October 14 of any given year.
PCSC23-0011 I Show Cause I Hiner
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September 1,2021 3MUSR21-95-1075(Third Amendment)this amendment was approved by the Board of
County Commissioners to change a variety of the Development Standards concerning
camping in the floodplain and increase the number of campsites.On June 29,2022 this
3.MUSR was reconsidered by the BOCC per a request by the applicant to clarify some
of the Development Standards(This MUSR map has not been recorded.)
SHOW CAUSE CODE SECTION/CONSIDERATIONS:
Section 2-4-50.0.of the Weld County Code:
Where the Board is considering the revocation or suspension of a permit or license,including but not limited
to uses by special review and permits issued under Chapter 21,but specifically excluding liquor licenses,the
Board shall consider evidence and statements in mitigation and in aggravation of the violation prior to
determining the appropriate penalty.Such evidence and statements may relate to and include,but not be
limited to,the following:
1. The compliance history of the party against whom the complaint was made with respect to the permit
at issue or other County-issued permits.
2. Good faith efforts on behalf of the person against whom the complaint is made to comply.
3. Duration of the violation.
4. Economic benefit of noncompliance to the person against whom the complaint is made.
5. Impact on,or threat to,the public health or welfare or the environment as a result of the violation.
6. Malfeasance.
7. Whether legal and factual theories were advanced for purposes of delay.
In addition to the factors set forth in this Subsection,the following circumstances shall be considered as
grounds for reducing or eliminating penalties:
8. The voluntary and complete disclosure by the person against whom the complaint is made of such
violation in a timely fashion after discovery of the noncompliance.
9. Full and prompt cooperation by the person against whom the complaint is made following disclosure
of the violation,including,when appropriate,entering into a legally enforceable commitment to
undertake compliance and remedial efforts.
10.The existence and scope of a regularized and comprehensive environmental compliance program or
an environmental audit program.
11.Substantial economic impact of a penalty on the violator.
12.Other mitigating factors.
Where a civil penalty in lieu of suspension is available,the Board shall first impose the revocation or a term of
suspension.The amount of the civil penalty shall then be determined on the basis of imposing an economic
penalty equivalent to the loss which would have occurred had the facility not operated during the term of the
suspension.A portion of the civil penalty may be deferred on the condition that certain actions to correct the
violation be taken.The failure to pay the civil assessment will result in imposition of the suspension.
PCSC23-0011 I Show Cause I Hiner
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