HomeMy WebLinkAbout20203005.tiffHEARING CERTIFICATION
DOCKET NO. 2020-09.C
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR19-0057, FOR OPEN MINING AND PROCESSING OF MINERALS (SAND MINING,
PROCESSING OF MINED SAND AND ACCESSORY ACTIVITIES ASSOCIATED WITH
THE SAND MINING AND PROCESSING OPERATION) IN THE A (AGRICULTURAL)
ZONE DISTRICT - BLACK MOUNTAIN LAND COMPANY, LP, C/O BLACK MOUNTAIN
SAND WELD, LLC
RE: PETITION TO VACATE A PORTION OF SECTION LINE RIGHT-OF-WAY AND COUNTY
ROAD RIGHT-OF-WAY LAYING NEAR COUNTY ROADS 91, 93, 95, AND 34, AND
INTERSTATE -76, SUBJECT TO DEDICATED AND RECORDED EASEMENTS AND
RIGHTS -OF -WAY - BLACK MOUNTAIN LAND COMPANY, LP, C/O BLACK MOUNTAIN
SAND WELD, LLC
A public hearing was conducted on October 7, 2020, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair — EXCUSED
Commissioner Steve Moreno, Chair Pro-Tem
Commissioner Scott K. James
Commissioner Barbara Kirkmeyer
Commissioner Kevin D. Ross
Also present:
Acting Clerk to the Board, Jess Reid
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
The following business was transacted:
Ei I hereby certify that pursuant to a notice dated January 2, 2020, and duly published January 8,
2020, in the Greeley Tribune, a public hearing was conducted on February 26, 2020, to consider
the request of Black Mountain Land Company, LP, c/o Black Mountain Sand Weld, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR19-0057, for Open Mining
and Processing of Minerals (sand mining, processing of mined sand and accessory activities
associated with the sand mining and processing operation) in the A (Agricultural) Zone District, at
which time the matter was continued to May 27, 2020, to allow the applicant adequate time to
complete engineered drawings for review by the Department of Planning Services. On May 27,
2020, Bob Choate, Assistant County Attorney, and noted the USR case is being heard in
conjunction with a Petition to vacate a portion of Section Line Right -of -Way and County Road
Right -of -Way laying near County Roads 91, 93, 95, and 34, and Interstate -76, subject to
dedicated and recorded easements and rights -of -way, pursuant to notification letters sent to
surrounding property owners, dated April 16, 2020. At said hearing, the matter was continued to
October 7, 2020, to give the applicant additional time to address ongoing items, including a Bijou
Irrigation Ditch and Bridge Crossing Agreement, a Right-of-way agreement for County
Road (CR) 91, and updated engineering drawings. Bob Choate, Assistant County Attorney, made
this a matter of record.
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HEARING CERTIFICATION - BLACK MOUNTAIN LAND COMPANY, LP, C/O BLACK
MOUNTAIN SAND WELD, LLC (USR19-0057)
PAGE 2
▪ Chris Gathman, Department of Planning Services, stated the applicant is requesting a
continuance until January 27, 2021. He outlined the items the applicant is working on, including
exploring the possibility of having their main access off of U.S. Interstate 76, versus
U.S. Highway 34, coordinating with Public Works (PW) with regard to vacating certain County
Road rights -of -way, and working with the Colorado Ground Water Commission (CGWC) on the
water source for processing of the sand resource, of the mining application. In response to
Commissioner Kirkmeyer, Mr. Gathman indicated the case went before the Planning Commission
in January of 2020, based on the first Board of County Commissioners hearing was February,
2020, and the overall boundary has not changed since the application was initially presented to
the Board. He stated PW staff would still need to review the Right -of -Way Vacation and reiterated
the Department of Planning Services is still waiting on final approval from the CGWC.
El Brittany Shamaun represented Black Mountain Land Company, LP, and provided a timeline
of the application and it's progress. She indicated they had applied for Change of Use Permits,
on six (6) wells, with the CGWC in May or June of 2019, and having worked through several
objections are just now finalizing the permits. She stated a continuance until January will allow
Black Mountain to make adjustments to their application, which make it more economical, citing
the possible option of placing the entrance on the south side of the property, pending a Traffic
Impact Study. She reiterated they are having to look for several design alternatives, due to the
economy, and a continuance until January would allow them to do that.
e No public testimony was offered concerning this matter.
E Commissioner Kirkmeyer moved to continue the request of Black Mountain Land Company,
LP, c/o Black Mountain Sand Weld, LLC, for a Site Specific Development Plan and Use by Special
Review Permit, USR19-0057, for Open Mining and Processing of Minerals (sand mining,
processing of mined sand and accessory activities associated with the sand mining and
processing operation) in the A (Agricultural) Zone District, to January 27, 2021, at 10:00 a.m. The
motion was seconded by Commissioner Ross, and it carried unanimously.
e As the above mentioned USR19-0057 is being heard in conjunction with a Petition to vacate,
Mr. Choate made the Petition to vacate a matter of record.
IR Chris Gathman reiterated the Petition to vacate is tied to USR19-0057 and again stated the
applicant is coordinating with PW with regard to which rights -of -way will be vacated.
El Ms. Shamaun stated Black Mountain is potentially making adjustments to the placement of
the plant, which will impact the rights -of -way that will need to be vacated. She stated a
continuance to January will allow them to determine such vacations.
▪ No public testimony was offered concerning this matter
2020-3005
PL2722
HEARING CERTIFICATION - BLACK MOUNTAIN LAND COMPANY, LP, C/O BLACK
MOUNTAIN SAND WELD, LLC (USR19-0057)
PAGE 3
IFi Commissioner Kirkmeyer moved to continue the request of Black Mountain Land Company,
LP, c/o Black Mountain Sand Weld, LLC, for a Petition to vacate a portion of Section Line
Right -of -Way and County Road Right -of -Way laying near County Roads 91, 93, 95, and 34, and
Interstate -76, subject to dedicated and recorded easements and rights -of -way, to January 27,
2021, at 10:00 a.m. The motion was seconded by Commissioner James, and it carried
unanimously.
There being no further discussion, the hearing was completed at 10:12 a.m.
This Certification was approved on the 12th day of October, 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dart o ;ok
Weld County Clerk to the Board
7
BY:
eputy Clerk to the Board
EXCUSED
Mike Freeman, Chair
Kevin D. Ross
2020-3005
PL2722
ATTENDANCE LIST
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