HomeMy WebLinkAbout20253426 EXHIBIT
Before the Weld County, Colorado, Planning Commission
Ra.S-00
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Wailes, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
Case Number: USR25-0018
Applicant Colorado State Land Board, do Weld Energy Center, LLC
Planner. Diana Aungst
Request. Use by Special Review for uses similar to a Solar Energy Facility (Battery Energy
Storage System [BESS]) outside of subdivisions and historic townsites in the
A(Agricultural)Zone District.
Legal Description: S1/2 of Section 36, Township 8 North, Range 67 West of the 6th P.M., Weld
County, Colorado.
Location. North of and adjacent to County Road 86: west of and adjacent to County Road
25.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 [Weld County
Comprehensive Plan] and any other applicable code provisions or ordinance in effect.
Section 22-2-60.8. states: "Support responsible energy and mineral development."
The 100 MW/4-hour Battery Energy Storage System (BESS)facility (Project)will encompass
about six (6) acres on a 320-acre parcel owned by the State Land Board. The entire BESS
facility will occupy a thirty-nine (39) acre lease area along the western boundary of the subject
property. The BESS will consist of one hundred seventy-six(176) battery containers and about
forty-four (44) inverters. The Project includes a step-up substation to increase voltage
from 34.5 kV BESS output to 230 kV, facilitating connection to the regional grid. The 0.3-mile
(1,760 feet), 230 kV, gen-tie line will connect the BESS to the Platte River Power Authority
(PRPA)substation,which is located immediately west of the site within the Town of Severance.
The PRPA substation is not part of this application and is currently under construction. The
PRPA substation and this BESS are located adjacent to the Black Hollow Solar Project,
a 2,100-acre, 250 MW solar facility annexed by the Town of Severance in 2021.
The BESS stores electricity from the electrical grid during times of low demand or from a solar
energy facility during the day. The electricity is released back into the grid during peak demand
or outages which supports the grid during high demand periods. A 100 MW / 4-hour BESS
discharges 100 MW for 4 hours, 100 megawatts (MW DC) x 4 hours = 400 megawatt hours
(MWh).
Section 22-2-60.8.2. states: "Ensure that infrastructure, such as adequate roads and utilities,
exists or can be made available prior to development of energy and mineral resource
production facilities."
The primary entrance is along County Road 23, which is a gravel road with sixty(60)-foot right-
of-way (ROW) between State Highway 14 (County Road 82) and County Road 84. Currently,
Weld County holds thirty (30) feet of ROW for approximately one-half mile south of the
proposed site. Beyond that point, the ROW increases to sixty (60) feet. This road segment
between County Road 84 and County Road 86 is non-maintained by the County, the
maintained roadway is the section south of County Road 84, south, to State Highway 14.
The site for the BESS was selected due to the proximity of existing utility infrastructure including
a 230 kV powerline and a substation. The Project includes a step-up substation to increase
voltage from 34.5 kV BESS output to 230 kV. The 230 kV, 0.3-mile(1,760 feet), gen-tie line will
Resolution USR25-0018
Colorado State Land Board, c/o Weld Energy Center, LLC
Page 2
connect the BESS to the Platte River Power Authority (PRPA) substation, which is located
immediately west of the site within the Town of Severance. The PRPA substation is not part of
this application and is currently under construction. The PRPA substation and this BESS are
located adjacent to the Black Hollow Solar(BHS)facility, a 2,100-acre, 250 MW solar facility in
the Town of Severance.
Section 22-2-60.8.3. states: "Require that energy and mineral resource development conserve
the land and minimize the impact on surrounding land and the existing surrounding land uses."
The BESS facility has a compact footprint of six (6) acres on a parent parcel of three hundred
twenty (320) acres. Because of the relatively small footprint there is limited disturbance to the
site and the surrounding land uses. The nearest residence is about four tenths (0.4) of a mile
(2,300 feet) southwest of the disturbed area. No permanent landscaping is proposed, and no
irrigation systems will be installed. Due to the remote location staff is not recommending any
landscaping. The proposed BESS will be enclosed by a six (6)-foot-tall chain-link perimeter
with a barbed wire outrigger. The Project avoids sensitive environmental areas and will
implement erosion control and stormwater management best practices during construction and
operation. The disturbed soils will be seeded to prevent erosion and control noxious weeds.
Section 22-2-60.8.5. states: "Energy development facilities should preserve agricultural areas
and enhance the rural landscape."
And
Section 22-2-30.A. states: "Commit to the economic future of agriculture.
The land uses on the subject property include dryland farming and grazing and oil and gas
operations. The area is currently fallow agriculture and is not subject to active irrigation. No
trees or landscaping exist, and no new landscaping is proposed due to lack of irrigation water.
The application materials state that the disturbed soil will be seeded to prevent erosion and
control noxious weeds. The revegetation plan is intended to restore the site to a stable, low-
maintenance condition that aligns with surrounding agricultural land uses and minimizes long-
term environmental impacts. The application materials also state that erosion control will be
implemented to manage runoff and prevent sedimentation in nearby intermittent drainages
associated with Coal Bank Creek and the associated floodplain to the east.
The soils on this site are not"Prime Farmland". The remaining two hundred eighty (281) acres
that are not encumbered by oil and gas operations may be utilized as for dryland farming or
grazing land. At the end of its lifecycle the BESS will be decommissioned, and the site will be
restored to original conditions.
Section 22-2-30.C. states: "Harmonize development with surrounding land uses."
A BESS produces limited noise, and emissions and the traffic will be generated during
construction and significantly reduced during operation of the site. The nearest residence is
about four-tenths (0.4) of a mile (2,300-feet) southwest of the disturbed area. Security lighting
will be low-elevation lighting, that is it will be no taller than fourteen (14)feet above the ground.
The lighting is only switched on when personnel enter the area. The lighting will be shielded so
the light is directed downward. The noise study states that the potential noise impacts could
occur from inverters, battery containers with HVAC systems, and the substation transformer.
The predicted sound levels at the property lines are shown to comply with the 50 dBA limit.
Battery Energy Storage Systems(BESS)are designed with safety measures to protect workers
and the public. The primary risk is electrocution from the conductors and transformers. Most
electrical lines are installed underground, and overhead lines are placed high above ground in
rural, private areas in order to reduce this risk. All equipment meets national safety standards,
including UL 9540 certification, ensuring protection against fire, shock, and overheating. High-
voltage areas are fenced and clearly marked with warning signs.
Resolution USR25-0018
Colorado State Land Board, do Weld Energy Center, LLC
Page 3
Additionally there are fire and explosion risks and the fire detection systems mitigate this risk.
Lightning protection is also built into the design.An Emergency Response Plan is in place, and
according to the application materials, there will be regular training for BESS staff and
coordination with local first responders. The site is located within the Windsor-Severance Fire
Rescue boundaries and there was no referral agency response on this case from the fire
district.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-10. -- Intent, of the Weld County Code states. "Agriculture in the County is
considered a valuable resource which must be protected from adverse impacts resulting from
uncontrolled and undirected business, industrial and residential land uses. The A(Agricultural)
Zone District is established to maintain and promote agriculture as an essential feature of the
County. The A (Agricultural) Zone District is intended to provide areas for the conduct of
agricultural activities and activities related to agriculture and agricultural production, and for
areas for natural resource extraction and energy development, without the interference of
other, incompatible land uses."
Section 23-3-40.KK. allows for uses similar to the uses listed as permitted as long as
the use complies with the general intent of the Zone District. A Battery Energy Storage System
(BESS) is similar to a solar energy facility (SEF) as they are both part of renewable energy
systems and they both connect to and stabilize the grid by either supplying power in the case
of the SEF or balancing supply and demand in the case of the BESS.
Section 23-3-40.FF. allows Use by Special Review(USRs)for Solar Energy Facilities (SEFs).
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
There are six (6) agriculturally zoned properties within 500 feet of the subject property within
unincorporated Weld County and there are three (3) parcels adjacent to the subject property,
to the west, located in the Town in Severance. The Town of Severance properties are zoned
Rural Residential. The surrounding land uses include pastures, crops, solar, rural residences,
and oil and gas operations. There is one (1) residence within 500 feet of the subject property
within unincorporated Weld County. There are no residences located in the Town of Severance
within 500 feet and the closest residence to the disturbed area is about four tenths (0.4)-mile
(2,300 feet) to the southwest.
There are eight(8) USRs within one mile of the site. SUP-375 for a hog farm(non-operational),
USR-823 for 230 kV power lines, USR(CUP)-44 for a microwave tower, USR-1183 for a gas
line, USR-1527 for repair and storage, USR18-0116 for an oil and gas support service facility,
USR23-0026 for a livestock confinement operation, USR(SUP)-392 for 345 kV power lines
which bisect the subject property, and the Black Hollow Solar facility located in the Town of
Severance.
Weld County Department of Planning Services staff sent notice to eight (8) surrounding
property owners (SPOs) within five hundred (500) feet of the proposed USR boundary. The
County has received fifty-six(56) letters of support on this case. The property owner, the State
Land Board, and the Windsor-Severance Fire Rescue(WSFR)submitted letters of support and
the other fifty-four (54) letters of support were received from property owners that are more
than 500-feet distant from the site. There was no written correspondence or telephone calls
received in objection to this use from the SPOs.
The proposed use is in an area that can support this development and the Development
Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility on
the adjacent properties and ensure compatibility with surrounding land uses and the region.
Resolution USR25-0018
Colorado State Land Board, do Weld Energy Center, LLC
Page 4
D. Section 23-2-220.A.4 --That the uses which would be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of this Code or master plans of affected municipalities.
On May 26, 2022, the applicant, NextEra, submittal a pre-application request for a 200
megawatt (MW) Solar Energy Facility on 1,478 acres to include a 400MWh BESS this request
met the definition of a 1041 Solar Energy Facility (SEF). The site is located within the
Coordinated Planning Agreement Area (CPA) and as part of the pre-application process the
Town of Severance was sent a Notice of Inquiry(NOI). The Town returned a signed NOI dated
June 28, 2022, within the required twenty-one (21) day period, stating that the Town had no
wish to pursue annexation of the 1,478 acres as outlined in PRE22-0133. The applicant,
NextEra, continued to meet with County staff at least once a year between 2022 and 2025 to
discuss the details of the submittal and therefore this 2022 pre-application remained active. If
there is no activity on the pre-application request then the case would be closed after twelve
(12)months. Between 2022 and 2025, and prior to the formal submittal of this USR, the request
was scaled back to only include a six (6) acre BESS on a thirty-nine (39)-acre lease area, the
1,478 acres Solar Energy Facility was no longer part of the request.
After the formal submittal of this USR25-0018 in March of 2025 there was a prolonged
completeness review period as there were on-going discussions between the Town of
Severance and the applicant concerning the Town's desire to annex the 320-acre parcel where
this BESS is proposed to be located.
The Town of Severance Comprehensive Plan's land use designation on the future land use
map is Rural Residential Conservation and Rural Residential Agriculture. According to the
Town's Comprehensive Plan, Rural Residential Conservation is, "The Conservation
designation that allows for altered standards of development in exchange for a larger
percentage of open space within a rural development. The intention of the Town is to continue
to preserve the rural character of the area through designated agricultural open space." and,
Rural Residential Agriculture, is "within or outside the rural residential area. Agricultural
residential development is intended to be large lot residential subdivisions with an agricultural
component that is associated with each lot, or a select number of lots, or is a stand-alone
agricultural parcel."
The site is located within the three (3) mile referral area of the Town of Severance. The Town
submitted referral agency comments dated September 24, 2025, that states, "The Town of
Severance respectfully submits this letter to formally object to the proposed development of a
Use by Special Review Permit for a battery energy storage facility also known as USR25-0018.
We firmly believe this property should be annexed into the Town prior to development." The
letter goes on to state, "Our position is based on the Cooperative Planning Agreement between
the Town of Severance and Weld County. As outlined in that agreement, the property abuts
our Town limits and lies within our designated growth management area. Annexation in this
circumstance is appropriate and consistent with the principles established in the Agreement."
On November 21, 2025, the Town submitted an email that stated, "The Town of Severance, in
response to our ongoing working relationships with both the State Land Board and NextEra
Energy, withdraw our objection to USR25-0018."
E. Section 23-2-220.A.5 -- That the application complies with Articles V and XI of this Chapter if
the proposal is located within an overlay zoning district or a special flood hazard area identified
by maps officially adopted by the county.
The property is not located within any overlay district officially adopted by the County, including
A-P (Airport) Overlay District, 1-25 Overlay District, Geologic Hazard Overlay District, MS4
(Municipal Separate Storm Sewer System) area, Special Flood Hazard Area, Historic
Townsites Overlay District, or Agricultural Heritage Overlay District.
Resolution USR25-0018
Colorado State Land Board, c/o Weld Energy Center, LLC
Page 5
Building Permits issued on the lot will be required to adhere to the fee structure of the County-
Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The Natural Resources Conservation Services (NRCS) Soil Survey indicates that 80% of the
site consists of moderate-slope (3-5%) Olney fine sandy loam, classified as "Farmland of
Statewide Importance", 13%of the site consist of severe slope(5-20%)Tassel fine sandy loam,
classified as "Not Prime Farmland", 6% of the site consists of moderate slope (3-5%) Vona
sandy loam, classified as "Not Prime Farmland", and the remaining 1% of the site consists of
low slope (1-3%) Vona sandy loam, classified as "Farmland of Statewide Importance". The
BESS is located on about thirty-five (35) acres of Olney fine sandy loam and about five (5)
acres of Vona sandy loam low slope (1-3%). The BESS facility will not remove any "Prime
Farmland" from production.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section
23-2-250,Weld County Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of health, safety, and welfare of the
inhabitants of the neighborhood and County.
This proposal has been reviewed by the appropriate referral agencies and it has been
determined that the attached conditions of approval and development standards ensure that
there are adequate provisions for the protection of the health, safety and welfare of the
inhabitants of the neighborhood and county and will address and mitigate impacts on the
surrounding area with the operation of this facility.
This recommendation is based. in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. A Road Maintenance Agreement for Construction is required at this location. Road
maintenance includes, but is not limited to, dust control and damage repair to specified haul
routes. (Development Review)
B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Development Review)
C. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR25-0018 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The map shall delineate the proposed fencing surrounding the facility. (Department of
Planning Services)
Resolution USR25-0018
Colorado State Land Board, c/o Weld Energy Center, LLC
Page 6
5. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2
of the Weld County Code, if applicable. (Department of Planning Services)
6. County Road 25 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The
applicant shall delineate and label on the USR map the existing right-of-way(along with its
creating document) and the physical location of the road. All setbacks shall be measured
from the edge of right-of-way. This road is maintained by Weld County. (Development
Review)
7. County Road 86 is a gravel road and, east of CR 25, is designated on the Weld County
Functional Classification Map as a local road which requires 60 feet of right-of-way at full
buildout. There is no public right-of-way between Section 36, Township 8 North, Range 67
West, and Section 1, Township 7 North, Range 67 West. The applicant shall delineate and
label on the USR map the existing right-of-way (along with its creating document) and the
physical location of the road. All setbacks shall be measured from the edge of right-of-way.
This road is maintained by Weld County. (Development Review)
8. County Road 23 is a gravel road and, south of CR 84, is designated on the Weld County
Functional Classification Map (Code Ordinance 2024-01) as a local road, which requires
60 feet of right-of-way. Weld County possesses 30 feet of right-of-way for approximately
one-half mile south of the proposed site, after which the County right-of-way increases to
60 feet. The applicant shall delineate and label on the USR map the existing right-of-way
(along with its creating document) and the physical location of the road. All setbacks shall
be measured from the edge of right-of-way. This road is not maintained for approximately
one mile south of the proposed site until it reaches CR 84, after which it becomes
maintained by Weld County. (Development Review)
9. Show and label the accepted drainage features. Stormwater ponds should be labeled as
"Stormwater Detention, No-Build or Storage Area" and shall include the calculated water
quality and detention volumes. (Development Review)
10. Show the floodplain and floodway (if applicable) boundaries on the map. Label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study. (Department of Planning Services— Floodplain)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a USR map along with all other
documentation required as Conditions of Approval. The USR map shall be recorded in the office of
the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The USR map and additional requirements shall be submitted within one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within
the specified timeline from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance fee shall be added for each additional 3-month period. (Department of
Planning Services)
4. The Use by Special Review Permit is not perfected until the Conditions of Approval are completed
and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office of
the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
Resolution USR25-0018
Colorado State Land Board, do Weld Energy Center, LLC
Page 7
5. Prior to Construction:
A. The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form of
security in an amount sufficient to fund the estimated decommissioning/reclamation costs
required by Section 23-4-1030.B.4 of the Weld County Code, for acceptance and approval by
the Weld County Board of County Commissioners. Once approved, the Decommissioning and
Reclamation Plan shall be updated to include the approved security information. (Department
of Planning Services)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit shall be acquired.
(Development Review)
C. Overweight and/or oversized special transport permits from the Department of Public Works
shall be acquired for all applicable trucks. (Development Review)
D. The applicant shall be in receipt of an approved access permit prior to construction activities.
(Development Review)
E. If there is any disturbance/construction in the floodplain a Floodplain Development Permit is
required. (Department of Planning Services - Floodplain)
Motion seconded by Cole Ritchey.
VOTE:
For Passage Against Passage Absent
Butch White
Michael Wailes
Michael Palizzi
Virginia Guderjahn
Barney Hammond
Michael Biwer
Calven Goza
Hunter Rivera
Cole Ritchey
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings.
Certification of Copy
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on December 2, 2025.
Dated the 2nd of December. 2025
4 ]Iu-iYdYL^sLti'L
Kristine Ranslem
Secretary
Resolution USR25-0018
Colorado State Land Board, do Weld Energy Center, LLC
Page 8
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Weld Energy Storage, LLC
USR25-001 8
1. Use by Special Review Permit, USR25-0018, for uses similar to a Solar Energy Facility(Battery Energy
Storage Facility (BESS)), outside of subdivisions and historic townsites in the A (Agricultural) Zone
District, subject to the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
4. This is an unmanned facility. (Department of Planning Services)
5. The hours of operation are twenty-four(24) hours a day. (Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. if applicable.
(Department of Planning Services)
7. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
8. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off-site tracking. (Development Review)
9. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Development Review)
10. Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire
an approved Right-of-Way Use Permit prior to commencement. (Development Review)
11. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement for Construction. (Development Review)
12. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be
the responsibility of Weld County. (Development Review)
13. The historical flow patterns and runoff amounts will be maintained on the site in such a manner that it
will reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to runoff rate and velocity increases, diversions, concentration and/or unplanned
ponding of stormwater runoff. (Development Review)
14. Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
15. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface
and groundwater contamination. (Department of Planning Services)
16. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S. (Department of Planning Services)
Resolution USR25-0018
Colorado State Land Board, c/o Weld Energy Center, LLC
Page 9
17. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Planning Services)
18. Fugitive dust should attempt to be confined on the property. Uses on the property shall comply with the
Colorado Air Quality Commission's air quality regulations. The facility shall be operated in accordance
with the accepted "dust abatement plan", at all times. (Department of Planning Services)
19. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility. (Department of Planning Services)
20. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Planning Services)
21. During construction, no permanent disposal of wastes shall be permitted at this site. This is not meant
to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. (Department of Planning Services)
22. During construction, waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code.
(Department of Planning Services)
23. During construction, adequate toilet facilities and handwashing units shall be provided. Portable toilets
shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers, be screened from
public view, and removed when construction is completed. (Department of Planning Services)
24. The facility shall adhere to the maximum permissible noise levels allowed in the Residential /
Commercial Area in accordance with Weld County Code Section 14-9-40. (Department of Planning
Services)
25. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Planning Services)
26. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Maps#08123C-1205E dated January 20, 2016(Coalbank Creek).Any development
shall comply with all applicable Weld County requirements, Colorado Water Conservation Board
requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado,and FEMA
regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of
development is any man-made change to improved or unimproved real estate, including by not limited
to buildings or other structures, mining, dredging,filling, grading, paving, excavation, drilling operations,
or storage of equipment and materials. (Department of Planning Services - Floodplain)
27. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain boundaries
have been modified. (Department of Planning Services - Floodplain)
28. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with
the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to
operators of motor vehicles on public or private streets. No colored lights may be used which may be
confused with, or construed as, traffic control devices. (Department of Planning Services)
29. Building permits may be required for any new construction, set up of manufactured structures, or
change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings and
Resolution USR25-0018
Colorado State Land Board, c/o Weld Energy Center, LLC
Page 10
structures shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2018 International Building
Codes, 2018 International Energy Code, 2023 National Electrical Code, and Chapter 29 of the Weld
County Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection. A building permit must be issued prior to the
start of construction. (Department of Building Inspection)
30. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County
Facility Fee, County-Wide Road Impact Fee, and Drainage Impact Fee Programs. (Department of
Planning Services)
31. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
32. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended.
(Department of Planning Services)
33. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
34. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the Department
of Planning Services.
35. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
36. Construction or use pursuant to approval of a Use by Special Review Permit shall commence within
three (3) years from the date of Board of County Commissioners signed Resolution, unless otherwise
specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall
be vacated.
37. This Use by Special Review shall terminate when the use is discontinued for a period of three (3)
consecutive years, the use of the land changes or the time period established by the Board of County
Commissioners through the approval process expires. The landowner may notify the Department of
Planning Services of a termination of the use, or Planning Services staff may observe that the use has
been terminated. When either the Department of Planning Services is notified by the landowner, or
when the Department of Planning Services observes that the use may have been terminated, the
Planner shall send certified written notice to the landowner asking that the landowner request to vacate
the Use by Special Review Permit.
38. In such cases where the Use by Special Review has terminated but the landowner does not agree to
request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of
County Commissioners to provide the landowner an opportunity to request that the Use by Special
Review Permit not be vacated. for good cause shown. The landowner shall be notified at least ten (10)
days prior to the hearing. If the Board of County Commissioners determines that the Use by Special
Review has terminated and no good cause has been shown for continuing the permit, then the
termination becomes final, and the Use by Special Review Permit is vacated.
EXHIBIT
D t C
Summary of the Weld County Planning Commission Meeting
Tuesday, December 2, 2025
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Chair
Butch White, at 1:30 p.m.
Roll Call
Present: Barney Hammond, Butch White, Calven Goza, Cole Ritchey, Michael Biwer, Michael Palizzi,
Michael Wailes, Virginia Guderjahn
Absent: Hunter Rivera
Also Present: Molly Wright, Jim Flesher, and Maxwell Nader, Department of Planning Services, Mike
McRoberts, Aaron Maurice, Development Review, Karin McDougal, County Attorney, and Kris Ranslem,
Secretary.
Case Number: USR25-0018
Applicant. Colorado State Land Board, do Weld Energy Center, LLC
Planner: Diana Aungst
Request: Use by Special Review for uses similar to a Solar Energy Facility (Battery Energy
Storage System [BESS]) outside of subdivisions and historic townsites in the
A(Agricultural)Zone District
Legal Description. S1/2 of Section 36, Township 8 North, Range 67 West of the 6th P.M., Weld
County, Colorado.
Location. North of and adjacent to County Road 86; west of and adjacent to County Road
25.
Maxwell Nader. Planning Services, presented Case USR25-0018, reading the recommendation and
comments into the record. Mr. Nader stated that the project is for a 100 megawatt, four (4) hour battery
energy storage system. He added that the site includes 320 acres and the lease area will include 39 acres.
Mr. Nader said that it will be connected to the Platte River Power Authority substation on the west side of
the road. The BESS and the substation are in close proximity to the Black Hollow Solar facility.
Mr. Nader said that during construction there will be a maximum of 300 workers and after operation begins
there will be up to two (2) employees visiting the site daily. Mr. Nader noted that 56 letters of support were
received from property owners that are more than 500 feet from this site. No written correspondence or
phone calls were received in opposition to this project. The Town of Severance submitted referral
comments on September 24'h that stated that the Town of Severance respectfully submits this letter to
formally object to the proposed development of USR25-0018. On November 21st, the Town of Severance
submitted an email that stated that the Town of Severance, in response to their ongoing working relationship
with both the State Land Board and Next Era Energy, withdraws their objection to USR25-0018.
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards.
Aaron Maurice, Development Review, reported on the existing traffic, access to the site and drainage
conditions for the site.
Mark Goebel, 1899 Wynkoop, Denver, Colorado, stated that this site is adjacent to the Black Hollow solar
facility as well as the Platte River Power Authority substation. The size of the project is for a 100 megawatt
battery storage project that can provide energy for up to 17,800 homes. The construction would start in
March of 2026 and added that they expect to be in operation in the fourth quarter of 2026. He added that
the project life of these facilities is 35 years.
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Mr. Goebel stated that the BESS facility covers six(6) acres and will include containerized units. The total
project is to permit 39.1 acres, however, the footprint will impact a total of 15 acres. Mr. Goebel said that
the setback from the property line is 1000 feet to comply with the noise standards of 50 decibels. He added
that the only noise is from the air conditioning units.
Mr. Goebel stated that the battery projects comply with National Fire Protection Agency and International
Fire Code Standards for energy storage systems. In addition, their projects go through certifications and
testing which certifies the batteries, the complete storage system and the safety features that are on those
storage systems as well as testing to force thermal run away to ensure propagation from these units do not
occur. Mr. Goebel said that at the container level there are smoke and gas monitoring systems that alert
both the control center and the local site. He added that they also have temperature management systems
on them. Mr. Goebel stated that anytime staff would see any type of anomalies for the storage units it
immediately notifies the site controllers who manage the safety systems and can take the necessary actions
or shut these containers off remotely. He added that the monitoring is performed in West Palm Beach
Florida and it is monitored 24/7. He emphasized that they also have Emergency Action Plans that they
work with the local fire departments in educating and training them on safety procedures for the container
units.
Mr. Goebel said that they notified property owners within one and one-half miles from the site and provided
a fire safety orientation class at the Windsor-Severance Fire Rescue who is responsible in the event of an
emergency.
Mr. Goebel said that he believes they have complied with the criteria in the Weld County Code and
requested a favorable recommendation.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
John Karakoulakis, 6501 Bellview Avenue, Engelwood, Colorado, stated that he is part of the Western Way
that is a group that supports All of the Above Energy Projects across the western United States and is here
to express their support for the Weld Energy Storage project in Weld County. They believe that energy
infrastructure including battery energy storage systems are needed because they help ensure our grid is
resilient and reliable. This proposed BESS system would be built and operated under the latest safety
standards that have an impressive track record. Mr. Karakoulakis said that with Al production and the
reindustrialization policies that will be driving about 75% of energy demand after 2030 so we need every
energy infrastructure facility that we can build.
Jennifer Berg-Ramsey, 41750 CR 23, Ault, Colorado, stated that she lives one-quarter mile southwest of
this site. She said that she tolerated the construction for the Black Energy solar facility for two years. She
added that the County developed a haul route for the Black Hollow Energy solar facility that helped mitigate
the traffic of 250 to 300 cars and trucks that traveled County Road 23. She would like to know what the
plan is for the proposed traffic for the construction of this project. Ms. Berg-Ramsey asked if there is an
explosion how big it would be as they are completely surrounded by grassland and it will take 15 to 20
minutes for fire and rescue to come from Windsor.
Mr. Goebel said with regard to the haul route they completely understand the concerns and are very willing
to work with the County on developing a haul route. He added that they will work with Ms. Berg-Ramsey
to minimize this impact. Mr. Goebel said that the trucks will not be going up and down the roads bringing
the containers during the 10 months and added that it will be a much smaller time frame.
With regard to the explosion comments, Ashley Nunez, Juno Beach Florida, Fire Safety Engineer, stated
the battery management system allows the containers to shut down at 25%of the lower explosive limit. So
if there is a gas detected in the container that sees that there are explosive gases gathering the container
will shut down before we get close to an explosive limit. In addition, there are also codes and standards
that they meet for the explosion control. Ms. Nunez said that they have met and talked with the first
responders from Windsor to ensure they understand that they don't need to approach the container as they
self-terminate and have those safety features as part of its design. She added that the safest place for the
2
first responders is to be outside of the BESS yard watching for fires that potentially could be outside of the
containers. Ms. Nunez emphasized that the containers will self-terminate and not propagate to adjacent
containers.
Commissioner White clarified that the monitoring is performed in Florida so the alerts are sent to Florida
and then the local responders are notified. Ms. Nunez said that the remote operations control center will
see the alarm come in and evaluate it and dispatch the first responders. She added that they will also
dispatch Next Era personnel to be on site to work with the fire department.
Commissioner Hammond related it to oil and gas and asked if the training with fire and safety is the same.
He asked what type of lighting prevention is included. Ms. Nunez said that when they met with the Windsor-
Severance Fire Rescue they did discuss what the response times look like and they do provide annual
refresher training as well as site specific training that gets administered closer to operation.
With regard to lightning prevention, David Weeks, Next Era Project Engineer, 700 Universe Boulevard,
Juno Beach, Florida, stated that if a lightning storm is occurring the facilities are designed to mitigate any
sort of safety issues. He added that there are lightning masts that are elevated above everything else and
are designed to be the first point of contact for any sort of lighting strike and it is connected to the ground
grid which will mitigate and spread out the rise in voltage.
Commissioner Wailes referred to the location of the solar facility and asked if it is taking energy from the
solar facility or the substation to be used in the grid. Mr. Goebel said that they can pull the energy from the
solar facility or from the substation.
Commissioner Hammond asked what the lifetime of the batteries are. Mr. Goebel said that they start seeing
the full voltage fall at about five (5) years so they will add a couple batteries in to maintain the 100
megawatts.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR25-0018 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Wailes, Seconded by Cole Ritchey.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Butch White, Barney Hammond, Calven Goza, Cole Ritchey, Michael Biwer, Michael Palizzi, Michael
Wailes, Virginia Guderjahn.
Meeting adjourned at 2:43 p.m.
Respectfully submitted.
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Kristine Ranslem
Secretary
3
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