HomeMy WebLinkAbout20201548.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING PETITION FOR VACATION OF PORTIONS
OF SECTION LINE RIGHT-OF-WAY AND COUNTY ROAD RIGHT-OF-WAY NEAR
COUNTY ROADS 91, 93, 95, AND 34, AND INTERSTATE-76 - BLACK MOUNTAIN
LAND COMPANY, LP, C/O BLACK MOUNTAIN SAND WELD, LLC
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, the Board has been presented with a Road Petition from Black Mountain
Land Company, LP, c/o Black Mountain Sand Weld, LLC, 500 Main Street, Suite 1200,
Fort Worth, Texas 76102, requesting vacation of portions of Section Line Right-of-Way and
County Road Right-of-Way laying near County Roads 91, 93, 95, and 34, and Interstate-76, being
more fully described as follows:
Portions of Weld County Right-of-Way (ROW) along
County Roads (CR) 34, 36, and 93, all within
Township 3 North, Range 61 West of the 6th P.M.,
Weld County, Colorado, being further described as:
The 60-foot ROW along CR 34 as described: starting
at the SW corner of Section 11, running east to the
SW corner of Section 12, approximately 1 mile in
distance. Center line of the ROW being the southern
boundary of Section Line 11 and the northern
boundary of Section Line 14.
The 60-foot ROW along CR 36 as described: starting
at the NW corner of Section 10, running east to the
NE corner of Section 11, approximately 2 miles in
distance. Center line of the ROW being the southern
boundary of Section Lines 2 and 3 and the northern
boundary of Section Lines 10 and 11.
The 60-foot ROW along CR 93 as described: starting
at the NE corner of Section 3 running south past the
SW corner of Section 11, to where Section 14 and
Interstate-76 ROW meet, approximately 2.4 miles in
distance. Center line of the ROW being the eastern
boundary of Section Lines 3, 10, and 15, and the
western boundary of Section Lines 2, 11, and 14.
CC PL CCG(TP.), ecu C E.P/OG( TS/&R),
E- ICLI.), CcxCbc), c .PPL RQ.P 2020-1548
o�l o9/ ,O EG0078
CONTINUE PETITION FOR VACATION OF PORTIONS OF SECTION LINE RIGHT-OF-WAY
AND COUNTY ROAD RIGHT-OF-WAY NEAR COUNTY ROADS 91, 93, 95, AND 34, AND
INTERSTATE-76 - BLACK MOUNTAIN LAND COMPANY, LP, C/O BLACK MOUNTAIN SAND
WELD, LLC
PAGE 2
WHEREAS, on May 27, 2020, the Board reviewed the request of Black Mountain Land
Company, LP, do Black Mountain Sand Weld, LLC, to continue said petition, and having been
fully informed, deemed it advisable to continue the matter to October 7, 2020, to allow the
petitioner adequate time to complete the engineering requirements of said petition and the
permitting process for the industrial frac sand facility.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Petition for Vacation of Right-of-Way from Black Mountain Land
Company, LP, do Black Mountain Sand Weld, LLC, be, and hereby is, continued to October 7,
2020.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of May, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ded6{doti
'� Mike Freeman, Chair
Weld County Clerk to the Board
- Steve oreno, Pro-Tem
BY:
Deputy Clerk to the Board
Sc K. James 7//
APP DAST• ' •��► `
Igo arbara Kirkmeyer
ounty Attorney
46 / , \ Kevin D. Ross
Date of signature: 6/3 b.
2020-1548
EG0078
EXHIBIT
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11
a
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 .
2020 - 1548
Black Mountain Sand Weld LLC
500 Main St. Suite 1200, Fort Worth,TX 76102
(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 O4-2019 and O1-2020,and will collect Q2-2020 results in June 2020.
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
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