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Home My WebLink About20210246.tiffEXHIBIT INVENTORY CONTROL SHEET CASE USR19-0057 - BLACK MOUNTAIN LAND COMPANY, LP, C/O BLACK MOUNTAIN SAND WELD, LLC Exhibit Submitted By Description A. Planning Commission Resolution of Recommendation B. Planning Commission Summary of Hearing (Minutes dated 1/21/2020) C. Planning Services D. Planning Services E. Applicant F. Applicant G. Applicant Memo requesting the case be referred back to staff H. Planning Services (received 1/26/2021) PowerPoint Presentation Applicant's continuance request (received 2/24/2020) Request for continuance, dated 5/18/2020 (received 5/19/2020) Request for continuance, dated 9/29/2020 (received 9/30/2020) Email regarding status of application (received 1/12/2021) J. K. L. M. N. O. P. Q. R. S. T. U. V. 2021-0246 a F: Ti"m 9 MI:FROM' fit p uE p - r 6 r ■ q �. i 1 S . 1. •y -.1 ' 0- ra-_l _ f s. it R�ra.'_[ e�• ”.ii = :n ■ o ♦ .i ga. a s OC.ar �s�la A►dbl ak • • Cm L • I'. 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Issf -r- BIJOU DITCH CROSSING AT COUNTY ROAD 91 •�� i. _ _ Z �� •_ _ .a ��q r�rk- 1` -lt. .rr --a- i... • . il - Op r . aair fir a ' - x .i' "'A 1. . sal "a` �. if a. a 1 3iC- a � IL n -=-mill .ilailiindanin -al. tin 741: ,.,..COUNTY ROAD 91/HIGHWAY 34 ACCESS EXHIBIT N d ao D Jessica Reid From: Sent: To: Cc: Subject: Chris Gathman Monday, February 24, 2020 11:55 AM Esther Gesick; Isabella Juanicorena; Jan Warwick; Jessica Reid Bob Choate; Dawn Anderson; Elizabeth Relford; Mike McRoberts; Evan Pinkham FW: Hearing Question It looks like USR19-0057 will be requesting a continuance. Any idea of schedules over the next 2-3 months (I know it is a ways out). Preferably with all 5 (or at least 4) Commissioners? Note: I will be out of the office with week of May 18 -May 22. Regards, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue tel: 970-400-3537 fax: 970-400-4098 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Brittany Schamaun<brittany.schamaun@blackmtn.com> Sent: Monday, February 24, 2020 10:55 AM To: Chris Gathman <cgathman@weldgov.com> Cc: 'Kira Coff' <kirac@millcreekeng.com> Subject: RE: Hearing Question Caution This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. I spoke with my boss. We are going to ask that we push back our hearing so we can get more time to finish some of these recent county requests. Please advise on how we need to handle this. What are the available dates over the next 2-3 months? 1 Thanks, Brittany Schamaun Black Mountain m. 830 708 0266 blackmtn.com From: Brittany Schamaun Sent: Monday, February 24, 2020 10:55 AM To: 'Chris Gathman' <cgathman@weldgov.com> Cc: 'Kira Coff' <kirac@millcreekeng.com> Subject: Hearing Question Hi Chris, Left you a voicemail. As mentioned, I am waiting on a final verdict on our end to decide if we will be attending the hearing Wednesday but if we decide to move forward with a continuance, what do we need to do? Do you all request on behalf of the staff or do we need to still attend on Wednesday? Please let me know how that works. Thanks, Brittany Schamaun Black Mountain m. 830.708.0266 blackmtn.com 2 EXHIBIT Ci us - 0O51 Black Mountain Sand Weld LLC 500 Main St. Suite 1200, Fort Worth, TX 76102 (817) 698-9901 May 18, 2020 Chris Gathman Weld County Department of Planning 1555 N. 17th Avenue Weld, CO 80632 RE: Black Mountain Sand Weld LLC Lost Creek Mine USR19-0057 & Black Mountain Land Company, LP ROW Vacationing: Request for Continuance Mr. Gathman, Due to the Covid-19 pandemic and the temporary effects it has had on the oil & gas market, Black Mountain Sand Weld LLC and Black Mountain Land Company, LP (Black Mountain) requests a continuance before the Weld County Board of County Commissioners for our hearings set on May 27, 2020. Black Mountain is committed to continuing the permitting process for both our industrial frac sand facility and the vacationing of County owned ROW, we are just requesting to do so over a longer than anticipated time frame due to this unexpected event. The below information explains our plans for the future and what we will be working on for our new hearing date, October 7, 2020, if such request is granted by the Commission. Black Mountain appreciates the time from both Staff and Commission and look forward to continuing this process over the next several months. Item 1. ROW Vacation: Black Mountain received an email from Staff regarding Morgan County Quality Water District's (MCQWD) comments on our request to vacate a portion of CR 34. Response: Black Mountain was aware of such water line near CR 34. We are committed to working with MCQWD on this matter. As it stands, Black Mountain has committed to keeping a 200' buffer on both sides of the water line starting from the edge of the 15' easement, meaning this area would not be mined. However, both parties have agreed that if Black Mountain decides it's in their best interest to mine through this area, area in which would include county owned ROW along CR 34, Black Mountain will, at its sole cost, pay to relocate the line and get written permission from MCQWD to do so. We are currently working through an agreement and we anticipate such agreement being signed before the month ends. We will provide a copy to Weld County once fully executed. Item 2. To Do List: Black Mountain is committed to continuing to permit this industrial frac sand facility. We understand the requirements of Weld County and we will continue to work through all the items in our draft resolution. The below is a list of some of the main items we understand the Commissioners & Staff will want to see at our new hearing date on Oct 7, 2020 if such date is accepted by the Commissioners. a. Continue working with Bijou Irrigation District to secure a final bridge agreement. Agreement to include an approved design of an upgraded bridge. b. Continue working with Mr. Barnett and his cattle lessee Mr. Kingsbury to secure a ROW agreement for the bridge upgrade. Black Mountain Sand Weld LLC 5OO Main St. Suite 120O, Fort Worth, TX 761O2 (817) 698-9901 c. Continue working with Weld County Staff/CDOT on the RMA and the engineering road upgrade design/plans. We understand a minimum of 30% design is what is requested by Staff to give full recommendation to Commissioners. d. Continue monitoring the wells surrounding the mining boundary. Black Mountain has obtained results for Q4 -2O19 and Q1 -2O20, and will collect Q2-2O2O results in June 2O2O. e. Obtain final permission from Board of County Commissioners to vacate the requested ROW within our mine boundary. f. Show proof of changed over water rights from ag to industrial use: Ground Water Commission hearing set for July 20-22, 2020. Sincerely, Rhett Bennett CEO CC: Kira Coff, Millcreek Engineering Brittany Schamaun, Black Mountain Esther Gesick From: Sent: To: Cc: Subject: Hello Brittany, Esther Gesick Thursday, May 21, 2020 4:07 PM Brittany Schamaun Chris Gathman; Angela Snyder; Bob Choate; Chloe Rempel; Evan Pinkham; Lauren Light; Bruce Barker; Tom Parko Jr.; Isabella Juanicorena; Jan Warwick; Jessica Reid; Esther Gesick RE: request for continuance Your email concerning a continuance and possible need for tele-conference was circulated with the Board of Commissioners and they agreed to the request. We will still need to call up the matter(s) on May 27th to formalize the continuance, but you will not need to call in. Thank you for your patience as we processed this matter. Regards, Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758IGreeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Esther Gesick Sent: Wednesday, May 20, 2020 5:28 PM To: Brittany Schamaun<brittany.schamaun@blackmtn.com> Cc: Chris Gathman <cgathman@weldgov.com>; Angela Snyder <asnyder@weldgov.com>; Bob Choate <bchoate@weldgov.com>; Chloe Rempel <crempel@weldgov.com>; Evan Pinkham <epinkham@weldgov.com>; Lauren Light <Ilight@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Isabella Juanicorena <ijuanicorena@weldgov.com>; Jan Warwick <jwarwick@weldgov.com>; Jessica Reid <jreid@weldgov.com> Subject: RE: request for continuance Of course, I understand. I will circulate your request and circumstances to the Board and follow-up with you as confirmation of their decision. Thanks for clarifying. Esther E. Gesick Clerk to the Board 1150 O Street j P.O. Box 758/ Greeley, CO 80632 tel: (970) 400-4226 1 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Brittany Schamaun<brittany.schamaun@blackmtn.com> Sent: Wednesday, May 20, 2020 5:26 PM To: Esther Gesick <egesick@weldgov.com> Cc: Chris Gathman <cgathman@weldgov.com>; Angela Snyder <asnyder@weldgov.com>; Bob Choate <bchoate@weldgov.com>; Chloe Rempel <crempel@weldgov.com>; Evan Pinkham <epinkham@weldgov.com>; Lauren Light <Ilight@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Isabella Juanicorena <i:uanicorena@weldgov.com>; Jan Warwick <iwarwick@weldgov.com>; Jessica Reid < reid@weldgov.com> Subject: RE: request for continuance Caution This email originated from outside of vveld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thanks Esther. Chris told me I would not need to attend in an email on May 5t" based on discussions with Mr. Choate. Has this changed? I would have to fly in =tom Texas. If it's necessary I will certainly do so but if there is an option to video in I would prefer to not travel during these times. Thanks, Brittany Schamaun Black Mountain m. 830.708.0266 blackmtn.com From: Esther Gesick [mailto.egesick@weldgov.com] Sent: Wednesday, May 20, 2020 6:08 PM To: Brittany Schamaun<brittany.schamaun@blackmtn.com> Cc: Chris Gathman <cgathman@weldgov.com>; Angela Snyder <asnyder@weldgov.com>; Bob Choate <bchoate@weldgov.com>; Chloe Rempel <crempel@weldgov.com>; Evan Pinkham <epinkham@weldgov.com>; Lauren Light <Ilight@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Isabella Juanicorena <iuanicorena@weldgov.com>; Jan Warwick <jwarwick@weldgov.com>; Jessica Reid <jreid@weldgov.com> Subject: RE: request for continuance Hello Brittany, Thank you for following up, and my apologies for any disconnect or confusion. Chris did forward your email to all of the appropriate staff on Tuesday, which has been included in the USR and ROW Vacation files as an Exhibit for the Board's consideration. However, granting of a continuance is purely at the discretion of the Board, so it would still be advisable for someone to be present to address any questions they may have concerning your written request prior to confirming the date and making a motion. If attending in person is going to be a problem, please let me know as soon as possible so that I may inquire with the Board to gain their approval to make other arrangements, such as a tele-conference. 2 Thank you, Esther E. Gesick Clerk to the Board 1150 O Street P.O. Box 758/ Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Brittany Schamaun<brittany.schamaun@blackmtn.com> Sent: Wednesday, May 20, 2020 4:12 PM To: Esther Gesick <egesick@weldgov.com> Cc: Chris Gathman <cgathman@weldgov.com> Subject: request for continuance Caution This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hope you're doing well. I sent this letter to Chris on the 18th requesting a continuance before the Board for our hearing next week but I got his automated email response saying he will be out until the 26th. I also left a message for Angela. I hadn't heard anything so I just wanted to make sure someone got this while Chris is out. Would you be able to help pass this along? Please let me know if there is anything additional I need to do to appropriately request such continuance. Thanks in advance and hope you're staying healthy! Regards, Brittany Schamaun Black Mountain m. 830.708.0266 blackmtn.com 3 tot Karla Ford From: Sent: To: Cc: Subject: Attachments: Esther Gesick Thursday, May 21, 2020 8:56 AM Karla Ford Chris Gathman; Tom Parko Jr.; Bob Choate; Esther Gesick; Bruce Barker; Esther Gesick; Isabella Juanicorena; Jan Warwick; Jessica Reid FW: PA request for continuance Request for Continuance -Black Mountain Signed.pdf Hello Karla — Please circulate as a PA. Good morning Commissioners, Staff has received the attached request for continuance. In addition, if a continuance is likely, they are requesting the accommodation of a tele-conference to answer any questions, rather than flying in from Texas. Please advise if you would allow the tele-conference request in anticipation of a possible continuance for all of the reasons they have cited in the attached letter. Esther E. Gesick Clerk to the Board 1150 O Streets P.O. Box 7581 Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. OK ID hum, Ot- 4OLCOnfooaCt -far 4*ki3 Cant jn vrd.ert COr\frilli&? L. Freeman James Ki rkmeyer Moreno Ross YES X NO 1 t.com>; Bob Choate n <epinkham@weldgov.com>; Lauren r. <tparko@weldgov.com>; Isabella i>; Jessica Reid <jreid@weldgov.com> rd and follow-up with you as Confidentiality Notice This electronic transmission and any attached documents or other wntings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is stnctly prohibited From. Brittany Schamaun <brittany schamaun@blackmtn com> Sent: Wednesday, May 20, 2020 5 26 PM To. Esther Gesick <egesick@weidgov com> Cc. Chris Gathman <cgathman@weldgov com>, Angela Snyder <asnvder@weldgov com>, Bob Choate <bchoate@weidgov com>, Chloe Rempel <crempel@weldgov com>, Evan Pinkham <epinkham@weldgov com>, Lauren Light <Ilight@weidgov com>, Bruce Barker <bbarker@weidgov com>, Tom Parko Jr <tparko@weldgov com>, Isabella Juanicorena <iluanicorena@weidgov com>, Jan Warwick gwarwick@weidgov com>, Jessica Reid <Ireid@weldgov com> Subject: RE request for continuance i' Caution This email originated from outside of Weld County Government Do not click links or open,attachments unless you recognize the I sender and know the content is safe - a � �' a - s. ' w W s __ __ __ «,,...„..Gi.,,. _ „ _ ,. 0,______, ._ .,,, _'! _ Thanks Esther Chris told me I would not need to attend in an email on May 5th based on discussions with Mr Choate Has this changed? I would have to fly in from Texas If it's necessary I will certainly do so but if there is an option to video in I would prefer to not travel during these times Thanks, Brittany Schamaun Black Mountain m 830 708 0266 blackmtn com From. Esther Gesick [mailto egesick@weidgov com] Sent: Wednesday, May 20, 2020 6 08 PM To. Brittany Schamaun <bnttanv schamaun@blackmtn com> Cc. Chris Gathman <cgathman@weidgov com>, Angela Snyder <asnyder@weidgov com>, Bob Choate <bchoate@weldgov com>, Chloe Rempel <crempel@weidgov com>, Evan Pinkham <epinkham@weidgov com>, Lauren Light <Ilight@weidgov com>, Bruce Barker <bbarker@weidgov com>, Tom Parko Jr <tparko@weidgov com>, Esther Gesick <egesick@weldgov com>; Isabella Juanicorena <iluanicorena@weidgov com>, Jan Warwick <Iwarwick@weidgov com>, Jessica Reid <Ireid@weidgov com> Subject. RE request for continuance Hello Brittany, Thank you for following up, and my apologies for any disconnect or confusion Chris did forward your email to all of the appropriate staff on Tuesday, which has been included in the USR and ROW Vacation files as an Exhibit for the Board's consideration However, granting of a continuance is purely at the discretion of the Board, so it would still be advisable for someone to be present to address any questions they may have concerning your written request prior to confirming the date and making a motion If attending in person is going to be a problem, please let me know as soon as possible so that I may inquire with the Board to gain their approval to make other arrangements, such as a tele-conference 2 Thank you, Esther E. Gesick Clerk to the Board 1150 O Street'P O Box 758 'Greeley, CO 80632 tel (970) 400-4226 Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is pnvileged, confidential or otherwise protected from disclosure If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is stnctly prohibited From. Brittany Schamaun <brittany schamaun@blackmtn com> Sent. Wednesday, May 20, 2020 4 12 PM To: Esther Gesick <egesick@weldgov com> Cc. Chris Gathman <cgathman@weldgov com> Subject. request for continuance d o- ^ — .„x r, ` 1 , 1 V,c `' h 5 — <br n 2 T -: Y Caution• This email origipated from,out'side of Weld County Government Do not click links or open attachments unless=you recognize the,` g - sender<and�know the°content is safe _ �.%k L v �xC"�''" tf,&,,P �.4; ��'�t� "��"t4� �, ''� �$�a,�n �r��,�.�a°�� '�� `��i "' �� `�`t�'�i_ _ °`�°i�'�a��(�`,�.zz� __ a... Hope you're doing well I sent this letter to Chris on the 18th requesting a continuance before the Board for our hearing next week but I got his automated email response saying he will be out until the 26th I also left a message for Angela I hadn't heard anything so I just wanted to make sure someone got this while Chris is out Would you be able to help pass this along? Please let me know if there is anything additional I need to do to appropriately request such continuance Thanks in advance and hope you're staying healthy' Regards, Brittany Schamaun Black Mountain m 830 708 0266 blackmtn com 3 Karla Ford From Sent: To. Cc: Subject Kevin Ross Thursday, May 21, 2020 10 30 AM Karla Ford, Barbara Kirkmeyer Mike Freeman, Steve Moreno, Scott James RE Please Reply ASAP - PA request for continuance I am fine with either using the letter or having them tele-conference in From. Karla Ford <kford@weldgov com> Sent: Thursday, May 21, 202010 10 AM To. Barbara Kirkmeyer <bkirkmeyer@weldgov com>, Kevin Ross <kross@weldgov com> Cc: Mike Freeman <mfreeman@weldgov com>, Steve Moreno <smoreno@weldgov com>, Scott James <sjames@weldgov com> Subject. Please Reply ASAP - PA request for continuance Importance. High Mike, Steve and Scott have looked at this request and would like to get your recommendations The three of them are ok to just use the letter and/or allow the applicant to do a tele-conference to request the continuance and answer any of your questions The applicant would be coming from Texas, so they are requesting tele-conference so they do not have to fly in for a 10 minute continuance request Please advise your thoughts Thanks' Karla Ford R Office Manager, Board of Weld County Commissioners 1150 O Street, P O Box 758, Greeley, Colorado 80632 970 336-7204 kfordna.welduov com www weldgov com **Please note my workmg hours are Monday -Thursday 7 00a m -5 00p m ** Confidentiahty Notice This electronic trahsmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited From. Esther Gesick <egesick@weldgov com> Sent: Thursday, May 21, 2020 8 56 AM To. Karla Ford <kford@weldgov com> Cc: Chris Gathman <cgathman@weldgov com>, Tom Parko Jr <tparko@weldgov com>, Bob Choate <bchoate@weldgov com>, Esther Gesick <egesick@weldgov com>, Bruce Barker <bbarker@weldgov com>, Esther Gesick <egesick@weldgov com>, Isabella Juanicorena <iluanicorena@weldgov com>, Jan Warwick Karla Ford From. Sent: To: Cc: Subject: Barbara Kirkmeyer Thursday, May 21, 2020 11 53 AM Kevin Ross Karla Ford, Mike Freeman, Steve Moreno, Scott James Re Please Reply ASAP - PA request for continuance I am fine with using the letter and granting a continuance Sent from my 'Phone On May 21, 2020, at 1O 3O AM, Kevin Ross <kross@weldgov com> wrote I am fine with either using the letter or having them tele-conference in From. Karla Ford <kford@weldgov com> Sent: Thursday, May 21, 2020 1O 1O AM To: Barbara K'rkmeyer <bk'rkmeyer@weldgov com>, Kevin Ross <kross@weldgov com> Cc. Mike Freeman <mfreeman@weldgov com>, Steve Moreno <smoreno@weldgov com>, Scott James <sjames@weldgov com> Subject. Please Reply ASAP - PA request for continuance Importance: High Mike, Steve and Scott have looked at this request and would like to get your recommendations The three of them are ok to just use the letter and/or allow the applicant to do a tele-conference to request the continuance and answer any of your questions The applicant would be coming from Texas, so they are requesting tele-conference so they do not have to fly in for a 10 minute continuance request Please advise your thoughts Thanks' Karla Ford R Office Manager, Board of Weld County Commissioners 1150 O Street, P O Box 758, Greeley, Colorado 80632 . 970 336-7204 kford aaweldgov com . www weldgov com **Please note my working hours are Monday -Thursday 7 00a m -5 00p m ** <'mageOO2 Jpg> Confidentiality Notice This electronic transmission and any attached documents or other wntings are intended only for the person or entity to which it is addressed and may contain information that is pnvdeged, confidential or otherwise protected from disclosure If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication Any disclosure, copying, distnbution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited 1 Black Mountain Sand Weld LLC 500 Main St. Suite 1200, Fort Worth, TX 76102 (817) 698-9901 September 29, 2020 Chris Gathman Weld County Department of Planning 1555 N. 17t'' Avenue Weld, CO 80632 RE: Black Mountain Sand Weld LLC Lost Creek Mine USR19-0057 & Black Mountain Land Company, LP ROW Vacationing: Request for Continuance Mr. Gathman, want to first thank you all for the patience during these last few months with cur project. Black Mountain has been adjusting our project to ensure that the economics of constructing our sand mine work. We are scheduled for a water hearing for Oct 6t` that would be expected to last a couple of days. However, we believe we may have successfully vacated that hearing. We are awaiting confirmation from the Ground Water Commission but if/when received, Black Mountain will have successfully changed over the necessary water for industrial use for this sand mine. With a few things left unfinished at this time, Black Mountain Sand Weld LLC and Black Mountain Land Company, LP (Black Mountain) would like to request a continuance before the Weld County Board of County Commissioners for our hearings set on Oct 7, 2020. Black Mountain is determined to finish the permitting process for both our industrial frac sand facility and the vacationing of County owned ROW with full intent to build this facility. The below information details our plans and what we will be working on for our new proposed hearing date of January 27, 2021, if such request is granted by the Commission. Black Mountain again appreciates the time from both Staff and Commission and looks forward to continuing this process over the next several months. Item A. To Do List: Black Mountain is committed to continuing to permit and subsequently build this industrial frac sand facility. We understand the requirements of Weld County and we will continue to work through all the items in our draft resolution. The below is a list of some of the main items we understand the Commissioners & Staff will want to see at our new hearing date on January 27, 2021 if such date is accepted by the Commissioners. a. Updated traffic study to reflect the new south entrance with CDOT approval. Information to include any upgrades that CDOT claims necessary for ne`v southern entrance. Plans to be provided with at least 30% completion if any such upgrades are needed. **New southern entrance is a technical revision through the State. We will be filing for a revision once bond has been posted. b. Black Mountain will work with Public Works/Weld County to determine if ROW should or should not be vacated based on our mining plans and facility placement. More detailed plant design/layouts to be included to help with this decision. **Our air permit is being adjusted with this new info as well. c. Continue monitoring the wells surrounding the mining boundary. Black Mountain has obtained results for Q4-2019, Q1-2020, Q2-2020, and is scheduled to collect Q3-2020 results Sept 2020. Black Mountain Sand Weld LLC 500 Main St Suite 1200, Fort Worth, TX 76102 (817) 698-9901 d Show proof of changed over water rights from ag to industrial use Ground Water Commission hearing set for Oct 6cn_8m 2020 until we receive final confirmation from the GWC With the new hearing date, Black Mountain will be able to provide proof at our next meeting that we have successfully changed the water over for industrial use for our sand facility Sincerely, Rhett Bennett CEO CC Kira Coff, Mil'creek Engineering Brittany Schamaun, Black Mountain o 1) EXHIBIT Jessica Reid .1/4L3Q.l`t -00c-1 Subject: FBM USR 19-0057: New Plant Entrance/Exit - APPLICANT WILL BE REQUESTING ANOTHER CONTINUANCE From: Chris Gathman <cgathman@weldgov.com> Sent: Tuesday, January 12, 2021 4:42 PM To: Dawn Anderson <dranderson@weldgov.com>; Chloe Rempel <crempel@weldgov.com>; Mike McRoberts <mmcroberts@weldgov.com> Cc: Bob Choate <bchoate@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Jan Warwick <jwarwick@weldgov.com>; Isabella Juanicorena <ijuanicorena@weldgov.com>; Jessica Reid <jreid@weldgov.com> Subject: FW: BM USR 19-0057: New Plant Entrance/Exit - APPLICANT WILL BE REQUESTING ANOTHER CONTINUANCE FYI regarding USR19-0057. From: Brittany Schamaun<brittany.schamaun@blackmtn.com> Sent: Monday, January 11, 2021 11:49 AM To: Chris Gathman <cgathman@weldgov.com> Subject: RE: BM USR 19-0057: New Plant Entrance/Exit - APPLICANT WILL BE REQUESTING ANOTHER CONTINUANCE Caution This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Chris, Unfortunately BM is going to be redoing our application. We have had to make several changes due to covid and the market and at this point I think it's going to be best that we just start fresh. We will be working with the State as well on a new application. Thanks for the patience here. Brittany Schamaun Black Mountain m. 830.708.0266 blackmtn.com 1 EXHIBIT MEMORANDUM TO: Board of County Commissioners DATE: January 26. 2021 FROM: Chris Gathman du:A U S'RA`t --COS SUBJECT: USR19-0057 Request to Refer the Matter Back to Staff The Board of County Commissioners hearing for USR19-0057 was continued on October 7, 2020 until Wednesday, January 27th to allow the applicant time to work through unresolved issues including possibly moving the entrance access, finalize permitting through the Ground Water Commission and determining which County Road Rights -of -Way to vacate. This USR had previously been continued on February 26, 2020, May 27, 2020. The applicant e -mailed 1/11/2021 and indicated that they will be revising their USR application and will be submitting a revised application to the Division of Reclamation and Mining Services as well. Staff had a phone conversation with a Black Mountain representative (Brittany Schamaun) on 1/21/2021 regarding Black Mountains Plans. She indicated that they planned on revising (probably shrinking the USR boundaries) and modifying the processing area for the USR (possibly bringing in additional buildings...). Substantial modifications to the existing application will require additional review by County Staff and outside referral agencies and will need to be re -heard by the Weld County Planning Commission before coming before the County Commissioners. The nature and scale of the changes may require the existing USR application be withdrawn and a new USR application be submitted. Additionally, the applicant had submitted a right-of-way vacation petition to vacate certain County Road rights -off -way in conjunction with this USR scheduled for January 27th. The right-of-way vacation petition is contingent upon approval of the USR. Also. changes to the USR may modify the rights -of -way that are proposed to be vacated. Therefore, staff is requesting that USR19-0057 and the proposed Right -of -Way vacation petition be referred back to staff. Hello