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Home My WebLink About20253431 MEMORANDUM TO: Diana Aungst, Planning Services 3 �861 FROM: Aaron Maurice, PE, CFM, Development Review p, ,ti] 01 • r__.1 [7 DATE: November 6, 2025 2 G _UN7Y - 1 SUBJECT: USR25-0018 Battery Energy Storage Facility (BESS) The proposal has been reviewed by Development Review on behalf of the Weld County Department of Public Works and the Department of Planning and Zoning. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS GENERAL PROJECT INFORMATION/LOCATION Project description: A Use by Special Review Permit 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. This project is north of County Road 86 and west of County Road 25. Parcel number 055536000011. ACCESS Development Review has reviewed the application materials related to access. The applicant proposes two access locations to the project site. The first proposed access will use an existing, non-maintained road within County Road 86 section line right-of-way to access County Road 25. The second proposed access will use an existing, non-maintained road within County Road 23 section line right-of-way to access County Road 84. Per Weld County Code Sec. 24-7-20.G, access shall meet all safety criteria as outlined in Chapter 8,Article XIV of the Weld County Code, as amended. Per Section 8-14-30, an Access Permit is required for access to Weld County maintained roadways. Refer to Section 8.5, of the Weld County Engineering and Construction Criteria manual, for more information regarding access. ROADS AND RIGHTS-OF-WAY County Road 25 is a gravel road and 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. The applicant shall delineate and label on the USR map the existing right-of-way (along with its creating documents) and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Section 23-1- 90, the required setback is measured from the right-of- way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. County Road 86 is a private gravel road for approximately one mile east of the proposed site until it reaches CR 25.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. East of CR 25, CR 86 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. The applicant shall delineate and label on the USR map the existing right-of-way (along with its creating documents)and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Section 23-1- 90, the required setback is measured from the right-of-way line. Be aware that physical roadways may not be centered in the right-of- way. This road is maintained by Weld County east of CR 25. 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 documents) and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Section 23-1-90,the required setback is measured from the right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is non-maintained for approximately one mile south of the proposed site until it reaches CR 84, after which it becomes maintained by Weld County. Per Chapter 8, Article 13, Section 8-13-30.B, a Weld County Right-of-Way Use Permit is required for any project that will be occupying, constructing, or excavating facilities within, and or encroaching upon, any County rights-of-way or easement. Right-of-Way Use Permit instructions and application can be found at: https://www.weld.gov/Government/Departments/Public-Works/Permits/Right-of-Way-Permits. TRAFFIC The latest ADT data for this portion of County Road 25 was collected in 2012 and counted 122 vpd with 22% trucks. The 85th percentile speed is 54 mph. No traffic counts are available for this portion of County Road 84. Per the applicant's traffic information, the following traffic is expected to occur during construction: Road construction (6 to 8 months): • 60 to 70 heavy truck and semi-truck roundtrips per day. • 2 water truck roundtrips per day Deliveries and Equipment Hauling (6 to 8 months): • 20 to 30 semi-trucks and oversized loads per day • Vehicles will be limited to 80,000 pounds gross vehicle weight Worker Travel (12-14 months): • 150 light duty truck roundtrips per day One oversize generator weighing 160,000 pounds will be delivered during construction. During peak construction the traffic hours are expected to be from 6:00 AM to 3:00 PM depending on season, schedule, amount of daylight, etc. After construction has been completed, traffic is expected to be one to two passenger vehicle roundtrips per day. Delivery trucks will visit the site as needed only for equipment replacement and repair.Traffic hours will be from 5:00 AM to 4:00 PM. The applicant is proposing two travel routes during construction. The first route will be County Road 29 to County Road 86; then west on County Road 86 to the project access on County Road 25. The second route will be State Highway 14 to County Road 23;then north on County Road 23 to the project access on County Road 84. ROAD MAINTENANCE AGREEMENT FOR CONSTRUCTION Development Review is requesting a Road Maintenance Agreement for Construction including, but not limited to, dust control and damage repair to specified haul routes. Improvements/Road Maintenance Agreement: An example agreement is available at: https://www.weld.gov/Government/Departments/Planning-and-Zoning/Improvements-Agreements DRAINAGE REQUIREMENTS This area is within an Urbanizing Drainage Area. Urbanizing Drainage Areas typically require detention of stormwater runoff from the 1-hour, 100-year storm event falling on the developed site and release of the detained water at the historic runoff rate of the 1-hour, 5-year storm event falling on the undeveloped site having a 2% impervious value. The applicant has submitted a preliminary drainage report. A final drainage report and detention pond design completed by a Colorado Licensed Professional Engineer (P.E.) is required prior to recording the USR map. The drainage report must include a Certificate of Compliance stamped and signed by the P.E. A Certificate of Compliance form and Drainage Review Checklist form can be found at: https://www.weld.gov/Government/Departments/Planning-and-Zoning/Development-Review/Drainage- Review Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist on the property. GRADING PERMIT A Weld County Grading Permit will be required if disturbing more than one (1)acre of land. Grading Permit applications are accepted after the planning process is complete (map recorded). An Early Release Request Form may be entertained only after the applicant, Development Review, and the Planning Department have reviewed the referral and surrounding property owner comments. The Early Release Request may or may not be granted depending on referral comments and surrounding property owner concerns. Contact Development Review for more information. COLORADO CONSTRUCTION STORMWATER DISCHARGE PERMIT A Colorado Stormwater Discharge Permit is required when disturbing more than one (1) acre of land. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692- 3575. CONDITIONS OF APPROVAL 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 USR map shall be amended to delineate the following: 1. 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) 2. 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) 3. 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 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. 4. 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) Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit shall be acquired. (Development Review) B. Overweight and/or oversized special transport permits from the Department of Public Works shall be acquired for all applicable trucks. (Development Review) C. The applicant shall be in receipt of an approved access permit prior to construction activities. (Development Review) DEVELOPMENT STANDARDS (NOTES ON THE USR MAP) A. 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) B. 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) C. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized. (Development Review) D. 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) E. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement for Construction. (Development Review) F. 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) G. 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) H. Weld County is not responsible for the maintenance of onsite drainage related features. (Development Review) MEMORANDUM 11'. r C TO: Diana Aungst DATE: October 20, 2025 Vi_— FROM: Diana Aungst, CFM �ou1 SUBJECT: USR25-0018, State Land Board PROJECT: A Use by Special Review Permit 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 PARCEL: 0555-36-0-00-011 DELINEATE ON THE PLAT: 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. PRIOR TO CONSTRUCTION: 1. If there is any disturbance/construction in the floodplain a Floodplain Development Permit is required. (Department of Planning Services - Floodplain) PLAT NOTES: 1. 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. 2. 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. Diana Aungst From: Fuller- DNR, Kathleen <kathleen.fuller@state.co.us> Sent: Friday, October 10, 2025 5:48 PM To: Diana Aungst Subject: Re: Referral Agency Email This Message Is From an External Sender This email was sent by someone outside Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Ms. Aungst, This referral for URS25-0018, does not appear to qualify as a "subdivision" as defined in section 30- 28-101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office only performed a cursory review of the referral information. Upon review, it appears that the proposed water supply source for the property is bottled water, water trucks, and portable toilets. No groundwater is anticipated to be exposed during mining. Stock watering well permit no. 307586 must be used according to its permitted conditions. The application materials indicate that a stormwater detention structure will be constructed as a part of this project. The applicant should be aware that unless the structure can meet the requirements of a "storm water detention and infiltration facility" as defined in section 37-92- 602(8), C.R.S., the structure may be subject to administration by this office. The applicant should review DWR's Administrative Statement Regarding the Management of Storm Water Detention Facilities and Post-Wildland Fire Facilities in Colorado to ensure that the notification, construction and operation of the proposed structure meets statutory and administrative requirements. The Applicant is encouraged to use the Colorado Stormwater Detention and Infiltration Facility Notification Portal to meet the notification requirements. Thank you, Kate On Fri, Sep 12, 2025 at 2:23 PM noreply@weld.gov<noreply@weld.gov>wrote: The Weld County Planning Department has received a Planning Use By Special Review application, case # USR25-0018, in which your agency may have an interest. Planning staff requests you review the application materials, and return the Referral Form to Diana Aungst by the date specified on the Referral Form attached in the online permitting center.To view application materials,visit https://aca- prod.accela.com/WELD/Default.aspx or navigate to weldgov.com > departments > planning and zoning > online e-permitting. Then, * Click on "Planning" tab on the menu bar * Under General Search, type case# USR25-0018, into the Record Number box and search * Click on the "Record Info" arrow drop-down menu * Click on "Attachments"to review the application materials If you have any questions, please contact your assigned planner: Diana Aungst at 970-400-6100 i Thank you, Diana Aungst 1402 North 17th Ave Greeley, CO 80631 970-400-6100 daungst@weld.gov Kate Fuller Water Resource Engineer Cjelik COLORADO 410 ..6.P. Division of Water Resources Department of Natural RewitArcez P 303.866.3581 x 8245 1313 Sherman St., Suite 821, Denver, CO 80203 Kathleen.Fuller@state.co.us I dwr.colorado.gov 2 Hello