HomeMy WebLinkAbout20250470.tiffHearing Certification
Docket No. 2025-06.C
Board of County Commissioners
Weld County, Colorado
Show Cause Hearing, PCSC23-0011, to determine whether good cause exists for
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 —
R M Hiner Construction Co, Inc.
A public hearing was conducted on April 2, 2025, at 9:00 a.m., with the following present:
Commissioner Perry L. Buck, Chair
Commissioner Scott K. James, Pro -Tern
Commissioner Jason S. Maxey
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
Department of Public Works Representative, Lindsay Holbrook
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. Karin McDougal, Assistant County Attorney, made this
a matter of record.
Diana Aungst, Department of Planning Services, presented a brief summary and
stated the applicant has been working on the 3rd amendment to the permit, in order to
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2025-0470
PL0990
Hearing Certification (PCSC23-0011) — R M Hiner Construction Co, Inc.
Page 2
capture the expansion of the RV camping. She explained the signed map had been
submitted and Planning staff was waiting for the Weld County Office of Emergency
Management to approve the Evacuation Plan, associated with people camping in the
floodplain, to record said map. She relayed Lindsay Holbrook, Weld County Municipal
Separate Storm Sewer System (MS4) Administrator, made a site visit on January 22,
2025, and provided the permittee clarification on storage locations for road base,
aggregate, concrete and topsoil stockpiles, and indicated Ms. Holbrook has confirmed
those items have been moved. She reviewed the outstanding compliance items,
explained the Board's course of action options, and displayed images of the sited from
January 2025, and April 2025, noting it is difficult to tell if on -site activities have
decreased, due to the heavy truck traffic to and from the site. In response to
Commissioner James, Ms. Aungst confirmed the permittee is making progress with
coming into compliance.
CI Lindsay Holbrook relayed the state requirement for the MS4 Permit is to show
progress is being made, based on the severity of the site, and indicated the permittee is
making progress. Ms. Aungst confirmed the same is true for the Floodplain Permit.
Whitney Borunda, granddaughter of and representative for the permittee, stated they
met with tenants of the site in January and issued a stop -work order for the dumping of
hydro -vac material and moved the aforementioned stockpiles. She relayed in March they
submitted the 3rd MUSR map and the Evacuation Plan and acknowledged the items they
still need to address. Commissioner James thanked them for progress that had been
made and suggested a continuance to allow the permittee additional time to work with
staff to complete the outstanding items.
Commissioner James moved to continue the matter to October 1, 2025, at 9:00 a.m.,
to allow the permittee additional time to work with staff to complete the outstanding items.
The motion was seconded by Commissioner Ross, and it carried unanimously. There
being no further discussion, the hearing was completed at 10:39 a.m.
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 21st day of April, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Attest:
Esther E. Gesick, Clerk to the Board
2025-0470
PL0990
ATTENDANCE LIST
17, 125
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