HomeMy WebLinkAbout20201549.tiffRESOLUTION
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.
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2020-1549
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, and
WHEREAS, on October 7, 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 January 27, 2021, to allow the
petitioner further 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 January 27,
2021.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of October, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddritaik)
Weld County Clerk to the Board
eputy Clerk to the Boa
APIVED
County Attorney
Kevin D. Ross
Date of signature: 1O1 l51DZI
EXCUSED
Mike Freeman, Chair
Steve;Moreno, Pry em
t K. James
2020-1549
EO0078
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. 17' 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,
I want to first thank you all for the patience during these last few months with our 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 6th 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 tne 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 tne 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
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.
of January 27, 2021,
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 new 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 O4-2019, O1-2020, Q2-2020, and is scheduled to collect Q3-2020 results Sept 2020.
10/07
aoaa-ts99
EX'007 g
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 6th -8th 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, Millcreek Engineering
Brittany Schamaun, Black Mountain
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