HomeMy WebLinkAbout20250058.tiffHearing Certification
Docket No. 2025-06.A
Board of County Commissioners
Weld County, Colorado
Probable Cause hearing, PCSC23-0011, to consider setting a Show Cause hearing
to determine whether or not the permittee is in compliance with certain
Development Standards, for 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 —
R M Hiner Construction Co, Inc.
A public hearing was conducted on January 8, 2025, at 9:00 a.m., with the following
present:
Commissioner Perry L. Buck, Chair
Commissioner Scott K. James, Pro-Tem
Commissioner Jason S. Maxey
Commissioner Lynette Peppler
Commissioner Kevin D. Ross
Also present:
Acting Clerk to the Board, Jess Reid
Assistant County Attorney, Karin McDougal
Department of Planning Services Representative, Diana Aungst
The following business was transacted:
El A public Probable Cause hearing, PCSC23-0011, was conducted to consider setting
a Show Cause Hearing to determine whether or not the permittee, R M Hiner Construction
Co, Inc., 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. Karin McDougal, Assistant County Attorney, made this a matter of record.
EJ Diana Aungst, Department of Planning Services, presented a summary of the
violations, provided the general location of the site and history of the USR, including
previous violations, and relayed a 3rd MUSR amendment is in process; however, that
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Hearing Certification (PCSC23-0011) — R M Hiner Construction Co, Inc.
Page 2
map has not yet been recorded. She explained, on July 5, 2022, the Division of
Reclamation, and Mining Services (DRMS) released 58 acres, on the western portion of
the site, which was associated with a Mining Permit issued in 1977. She noted no
paperwork was submitted to Weld County to ensure the USR for mining and the DRMS
permit show the same boundary. She stated, due to the increased activities in the
floodplain, associated with the trucking operation, staff issued a stop -work order on
July 16, 2024, and notified the permittee they were in violation of Chapter 8 (Public Works)
and Chapter 23 (Zoning) of the Weld County Code, as well as the Municipal Separate
Storm Sewer System (MS4) regulations and the Federal Emergency Management
Agency (FEMA) regulations. She noted staff met with the permittee on July 19, 2024, and
discussed the steps to correct the violations and bring the site into compliance; however,
the violations have since increased in intensity and no action has been taken by the
permittee to properly permit the on -site operations. She outlined the Board's options,
displayed images of the site and described the violations in each image, which include
equipment in the floodplain, stockpiling (some in the floodplain), and the dumping of
liquids on the site.
Sharon Hiner (co-owner of R M Hiner Construction Co, Inc.) and her granddaughter
Whitney Borunda were present and stated Rex Hiner (co-owner of R M Hiner
Construction Co, Inc.) is currently ill and not able to be present. Mrs. Hiner relayed they
were working with their engineer on the 3rd USR amendment and Ms. Aungst reiterated
she had not yet received that USR map.
In response to Commissioner James, Ms. Aungst confirmed the MS4 permit is a
state -mandated regulation, administered and enforced by Weld County.
Melissa Holbrook, Weld County Public Works, explained a plan to construct a water
quality pond is needed to begin the process of being in compliance with the MS4
regulations. Responding to Commissioner Maxey, Mrs. Hiner confirmed they lease the
land to multiple oil and gas companies and confirmed they have communicated the
stipulations of the USR permit to the lessors. Ms. Aungst explained the process of, and
amount of time between, the Probable Cause and Show Cause hearings, and explained
the immediate need is the paperwork for a vacation of the current Recorded Exemption,
to split the property into two (2) separate USRs, one for the mining/RV camping, and
one (1) for the roust-about/miscellaneous activities occurring onsite.
= Ms. Aungst stated staffs recommendation is to set a Show Cause hearing date for
February 12, 2025, and in the meantime the applicant can work on getting the issues
addressed. Commissioners Ross and James agreed with the recommendation of setting
a Show Cause hearing and there was discussion of the timeline of said hearing.
At the recommendation of Ms. McDougal, Commissioner Maxey outlined the
Development Standards in which the site is out of compliance.
2025-0058
PL0990
Hearing Certification (PCSC23-0011) — R M Hiner Construction Co, Inc.
Page 3
In the matter of Probable Cause hearing, PCSC23-0011, Commissioner Ross moved
to find there is adequate evidence to set a Show Cause hearing, for February 12, 2025,
at 9:00 a.m., for 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., based on the
evidence presented by Planning staff. The motion was seconded by
Commissioner James, and it carried unanimously. There being no further discussion, the
hearing was completed at 9:52 a.m.
The Board of County Commissioners of Weld County, Colorado, adopted the above and
foregoing Resolution, on motion duly made and seconded, by the following vote on the 22nd day
of January, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro -Tern: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Approved as to Form:
Attest:
Bruce Barker, County Attorney
Esther E. Gesick, Clerk to the Board
2025-0058
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