HomeMy WebLinkAbout20260607 MEMORANDUM
TO: Chris Gathman, Planning Services
r r� rt I FROM: Mike McRoberts, P.E. Development Review
'41ElLrl 1-1 > DATE: January 13, 2026
v C l j Y Y SUBJECT: USR25-0021 Windy Bluff Energy Storage Project
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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 System (BESS)), outside of subdivisions and historic townsites in the A(Agricultural)Zone
District.
This project is south of and adjacent to County Road 36 and is west of and adjacent to County Road 31.
Parcel number 121109100022 & 121109100023.
Access is from County Road 31.
ACCESS
Development Review has reviewed the application materials related to access. The applicant is proposing
to have two (2) accesses onto County Road 31 located approximately 430 feet and 1,280 feet south of
County Road 36. Per Section 8-14-30.A., of the Weld County Code, a parcel is limited to one (1) access
point, except when an additional access is allowed pursuant to Section 8-14-30.E. The applicant shall
contact the Weld County Development Review Access Group to determine if the subject parcel is allowed
to have more than one (1) access.
Per Section 8-14-30, an Access Permit is required for access to Weld County maintained roadways.
Minimum access and intersection spacing requirements are shown in Weld County Code, Section 8-14-30,
Table 1. Please refer to Chapter 8 of the Weld County Code for more information regarding access.
ACCESS GEOMETRY
Proposed accesses shall be configured to meet the geometric requirements for commercial use
as prescribed in Table 8-3, of the Weld County Engineering and Construction Criteria manual
shown below.
Table 8-3 Access Geometry
Type of Land Use Maximum Access Width at ROW Access Radii
Single-family residential 24 feet wide 25 feet minimum
Commercial/Industrial/Agricultural 40 feet wide 65 feet minimum
TRAFFIC
Latest ADT on County Road 31 counted 98 vpd with 38% trucks. The 85th percentile speed is 52 mph.
Latest ADT on County Road 36 counted 72 vpd with 26% trucks. The 85th percentile speed is 51 mph.
Table 1 of the applicant's traffic narrative below shows the estimated average weekday daily trip generation
by vehicle type based on information provided by the applicant.
Table 1
Windy Bluff Energy Storage System
Trip Generation Estimate"'
LSC #250210: September. 2025
Phase of Development
Estimated Construction Start Date=02 2027 Number of Vehicles Average
Estimated Construction End Date=04 2028 Estimated per Day l" Daily Trips
Construction Phase(130 days+/-)-Earthwork of site and access road
1 ) BESS Yard Preparation(30 days)
Passenger Vehicle 10 Vehicles 20
Vendor Vehicle 4 Vehicles 8
Multiple Unit Trucks 6 Vehicles 12
Typical Vehicle Trips per Day= 40
2) Substation Preparation(20 days)
Passenger Vehicle 8 Vehicles 16
Vendor Vehicle 4 Vehicles 8
Multiple Unit Trucks 4 Vehicles 8
Typical Vehicle Trips per Day= 32
3) BESS Yard Grading&Foundations(40 days)
Passenger Vehicle 12 Vehicles 24
Vendor Vehicle 4 Vehicles 8
Multiple Unit Trucks 4 Vehicles 8
Typical Vehicle Trips per Day= 40
4) Substation Site Grading&Foundations(40 days)
Passenger Vehicle 12 Vehicles 24
Vendor Vehicle 4 Vehicles 8
Multiple Unit Trucks 8 Vehicles 16
Typical Vehicle Trips per Day= 48
Installation Phase(348 days+l-)
5) Substation Installation(1 10 days)
Passenger Vehicle 10 Vehicles 20
Vendor Vehicle 3 Vehicles 6
Multiple Unit Trucks 2 Vehicles 4
Typical Vehicle Trips per Day= 30
6) Battery/Container Installation(200 days)
Passenger Vehicle 15 Vehicles 30
Vendor Vehicle 4 Vehicles 8
Multiple Unit Trucks 8 Vehicles 16
• Typical Vehicle Trips per Day= 54
7_) Gen-tie Foundation and Tower Erection(10 days)
Passenger Vehicle 4 Vehicles 8
Vendor Vehicle 1 Vehicles 2
Multiple Unit Trucks 2 Vehicles 4
Typical Vehicle Tnps per Day= 14
8.) Gen-tie Stringing and Pulling(14 Days)
Passenger Vehicle 6 Vehicles 12
Vendor Vehicle 1 Vehicles 2
Multiple Unit Trucks 2 Vehicles 4
Typical Vehicle Tnps per Day= 18
9) Gen-tie Undergrounding(14 Days)
Passenger Vehicle 8 Vehicles 16
Vendor Vehicle 1 Vehicles 2
Multiple Unit Trucks 2 Vehicles 4
Typical Vehicle Trips per Day= 22
Commissioning Phase(70 days+/-)
10-) Commissioning(70 days)
Passenger Vehicle 20 Vehicles 40
Vendor Vehicle 1 Vehicles 2
Multiple Unit Trucks 2 Vehicles 4
Typical Vehicle Tnps per Day= 46
ROADS AND RIGHTS-OF-WAY
County Road 31 is a gravel road and is designated on the Weld County Functional Classification Map(Code
Ordinance 2017-01) 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 document) and the physical
location of the road. 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 36 is a gravel road and is designated on the Weld County Functional Classification Map(Code
Ordinance 2017-01) 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 document) and the physical
location of the road. 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.
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.
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way.
TRACKING CONTROL
Tracking control is required to prevent tracking from the site onto public roadways. For access to gravel
roads,tracking control devices must be either double cattle guards with 100 feet of road base, or road base
on all driving surfaces. Temporary tracking control shall be used during construction unless permanent
tracking control is installed ahead of construction activities. Recycled concrete is not allowed in County
right-of-way. A variance request for alternatives to the tracking control requirement can be submitted to
Development Review for review and consideration.
ROAD MAINTENANCE AGREEMENT FOR CONSTRUCTION
Development Review is requesting a Road Maintenance Agreement for Construction which includes, but
not limited to, dust control and damage repair to specified haul routes. An example agreement is available
at:
https://www.weld.gov/Government/Departments/Planning-and-Zoning/Improvements-Agreements
DRAINAGE REQUIREMENTS
This area is within a Non-urbanizing Drainage Area. Non-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, 10-year storm event falling on the
undeveloped site having a 2% impervious value.
The applicant has submitted a preliminary drainage report with a proposed retention pond. Per Section 8-
11-100.B.1.,of the Weld County Code, retention ponds are not allowed in Weld County without the issuance
of a variance. Information pertaining to stormwater drainage criteria variances can be found in Section 8-
11-160., of the Weld County Code.
A final drainage report and detention/retention 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 (and variance request) 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 Public Works and 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 with a detention (or retention if approved)pond 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 31 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. The applicant shall delineate and label
on the USR map or plat the existing right-of-way (along with its creating documents) 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 36 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. The applicant shall delineate and label
on the USR map or plat the existing right-of-way (along with its creating documents) 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. Show and label the approved access location(s), approved access width and the appropriate
turning radii (65'). (Development Review)
4. Show and label the approved tracking control. (Development Review)
5. Show and label the entrance gate if applicable.An access approach that is gated shall be designed
so that the longest vehicle (including trailers) using the access can completely clear the traveled
way when the gate is closed. In no event shall the distance from the gate to the edge of the traveled
surface be less than 35 feet. (Development Review)
6. Show and label the accepted drainage features. Stormwater ponds should be labeled as
"Stormwater Detention (or Retention if approved), No-Build or Storage Area" and shall include the
calculated water quality and detention volumes. (Development Review)
7. Show and label the drainage flow arrows. (Development Review)
Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on-site construction.
(Development Review)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
C. The applicant shall acquire a Transport Permit from Weld County Public Works for any overweight or
oversized vehicle being used during the construction phase of this project. (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 impact 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. 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)
G. Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
Submit by Email
', ° �` .i` ; `a Weld County Referral
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December 10, 2025
The Weld County Department of Planning Services has received the following item for review:
Applicant: Robert Anderson, c/o Windy Bluff Resiliency, LLC Case Number: USR25-0021
Please Reply By: January 8, 2026 Planner: Chris Gathman
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 Number: 121109100022-R5313208 Legal: LOT A REC EXEMPT RE-4639; PART NE4 SECTION
9, T3N, R66W of the 6th P.M., Weld County, Colorado.
Parcel Number: 121109100023-R5313308 Legal: LOT B REC EXEMPT RE-4639; PART NE4 SECTION
9, T3N, R66W of the 6th P.M., Weld County, Colorado.
Location: South of and adjacent to County Road 36;west of and adjacent to County Road 31.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response
not received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the
Planner associated with the request. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
® We have reviewed the request and find that it does/does not comply with our
Comprehensive Plan because:
ElWe have reviewed the request and find no conflicts with our interests.
❑� See attached letter.
Signature Bryce McCleskey Date 12/12/2025
Agency Farmers Reservior and Irrigation Company
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
F
R
' THE FARMERS RESERVOIR AND IRRIGATION COMPANY
C 80 South 27th Avenue
Brighton, Colorado 80601
0 (303) 659-7373
REFERRAL AGENCY:Weld County APPLICANT: Robert Anderson, c/o Windy Bluff Resi
DATE:12/12/25 CASE #:USR25-0021
ATTN:Chris Gathman PROJECT TYPE:Special Review Permit
DEAR:Chris Gathman
We wish to submit the following information regarding the above-referenced project.
Windy Bluff Resiliency, LLC has submitted a project to FRICO for our enginners to review. We can not accept
these plans until our engineering department has given a technical approval.
Please continue to keep in communication with FRICO and our engineering department.
We request to comment again.
Jeff DeLisio Bryce McCluskey
Projects Coordinator Project Referrals
Farmers Reservoir and Irrigation Company Farmers Reservoir&Irrigation Company
Projects@Farmersres.com Bryce@Farmersres.com
,,e moo COLORADO
410 "kV 04 Parks and Wildlife
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Department of Natural Resources
Northeast Regional Office
6060 Broadway• Denver, CO 80216
P 303.291.7227
December 30, 2025
Weld County Planning Department
Attention: Chris Gathman
1402 North 17th Ave
Greeley, CO 80631
(970) 400-6100
cgathmanPweld.gov
RE: CPW referral letter for Case #USR25-0021 - Windy Bluff Energy Storage
Dear Chris Gathman,
Thank you for the opportunity for Colorado Parks and Wildlife (CPW) to submit
formal comments on the proposed Windy Bluff Resiliency LLC (Applicant)
125-megawatt (MW) battery storage project (Project), located on 34.86 acres of
private land. The Project would be located south of County Road 36 and west of
County Road 31 (T3N, R66W, Sec. 9), on existing agricultural lands, approximately
2.9 miles northeast of the Town of Platteville. It is our understanding that the
Project would connect to the existing 115-kilovolt (KV) Vasquez Substation owned
by Xcel/Public Service Commission of Colorado (PSCO), directly adjacent to the
Project site to the north, via overhead transmission lines.
The mission of CPW is to perpetuate the wildlife resources of the state, to provide
a quality state parks system, and to provide enjoyable and sustainable outdoor
recreation opportunities that educate and inspire current and future generations
to serve as active stewards of Colorado's natural resources. CPW has a statutory
responsibility to manage all wildlife species in Colorado, and to promote a variety
of recreational opportunities throughout Colorado. One way we achieve this goal
is by responding to referral comment requests, as is the case for this project. We
recognize that renewable energy development is important to meeting the State's
greenhouse gas reduction goals and improving climate resiliency.
e
IiN — pn
E*18.6*s
Laura Clellan,Acting Director,Colorado Parks and Wildlife
Parks and Wildlife Commission:Richard Reading,Chair-James'Jay'Tutchton,Vice-Chair•Eden Vardy,Secretary•Jessica Beaulieu
•Frances Silva Blayney•John Emerick•Tai Jacober•Dallas May•Jack Murphy•Gabriel Otero
Page 2 of 3
After review of this project and location, CPW has the following comments and
concerns:
CPW appreciates that the Project is sited entirely outside of High Priority Habitats
(HPH), and has no HPH-specific concerns.
The project area contains suitable habitat for nesting raptors and migratory birds.
All migratory birds, including raptors, are protected from potential take under the
Migratory Bird Treaty Act, and any removal or disturbance of an active migratory
bird nest requires prior consultation with CPW and the United States Fish and
Wildlife Service (USFWS). CPW recommends that nest surveys be conducted prior
to construction, and that applicable nest protection buffers be applied if
construction is to occur during the avian nesting season. The avian nesting season
in Colorado, for eagles, occurs from December 1 to July 31. For other raptor
species, the nesting season in Colorado occurs from February 1 through July 31.
CPW has Recommended Buffer Zones and Seasonal Restrictions for Colorado
Raptors to avoid and minimize impacts to nesting raptors.
If any prairie dog colonies are located within the project area and development in
prairie dog towns will occur between February 1 and October 31, CPW
recommends surveys to determine the presence/absence of burrowing owls
(Athene cunicularia). If nesting burrowing owls are present, no human
encroachment or surface disturbance should occur within 660 feet of nesting
burrows until the young have fledged from the nest burrow. If burrowing owls
merely occupy the site, it is recommended that earthmoving and other
disturbance activities be delayed until late fall after they have migrated.
CPW is also concerned for the safety and movement ability of wildlife in and
around the proposed project area. Battery storage projects are generally
surrounded by exclusionary fencing. According to application materials, this
proposed project will be surrounded by a split-face perimeter wall, which does
not allow for the natural movement of wildlife species and can create safety
concerns. It may also negatively alter the habitat value within the site. CPW
recommends that the battery storage facility be checked weekly, either remotely
or in person (or escape structures be installed inside the fenced area), to allow
wildlife to escape if they become trapped within the facility. If there are
mortalities, trapped or injured wildlife, or other reportable incidents, the local
District Wildlife Manager, Michael Grooms, should be contacted. CPW
recommends that all wildlife issues be documented and reported to CPW
Page 3 of 3
annually. Should any fencing be utilized, CPW does have recommendations for
wildlife friendly fencing.
Should there be any security lighting on the proposed location, CPW recommends
that it be designed to minimize light pollution (hooded or downward-facing
lights) and take into consideration lighting initiatives that aim to reduce impacts
to wildlife. Additionally, CPW recommends that the Project area not be lit at night
to minimize wildlife attraction to infrastructure and limit impacts to hunting,
migration, and/or other nocturnal activities for wildlife.
For the eventual consultation regarding transmission lines to the Project, CPW
recommends that they be installed according to the published 2024 Avian Power
Line Interaction Committee (APLIC) standards and outside the raptor nesting
season. Also, CPW recommends that bird diverters be installed within 1/4-mile of
any lake, drainage, or riparian area, and within the raptor nesting buffer for
occupied nests.
Thank you again for the opportunity to comment on this proposed battery storage
project. If you have any questions, please contact your Local District Wildlife
Manager, Michael Grooms, at (970) 692-4028 or Michael.Grooms@state.co.us.
Sincerely,
:X.--
Jason Surface
Area 4 Area Wildlife Manager
Cc:
Mark Leslie - Northeast Regional Manager
Shannon Schaller - Deputy Regional Manager
Brandon Muller -Assistant Area Wildlife Manager
Michael Grooms - District Wildlife Manager
Andrew Newman - Northeast Region Energy and Land Use Manager
Sierra Focht - Northern Colorado Renewable Energy Liaison
Xcel Energysm
Right of Way&Permits
1123 West 3rd Avenue
PUBLIC SERVICE COMPANY Denver,Colorado 80223
Telephone:303.285.6612
violeta.ciocanu@xcelenergy.com
January 5, 2026
The Weld County Planning Department
1402 North 17th Ave
Greeley, CO 80631
Attn: Chris Gathman
RE: Battery Energy Storage System, Case # USR25-0021
Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk
has reviewed the above-mentioned application. Please be aware PSCo owns and
operates existing overhead electric distribution facilities along County Road 36 and
electric transmission lines along County Road 31. Any activity including grading,
proposed landscaping, erosion control or similar activities involving our existing right-of-
way will require Public Service Company approval. Encroachments across Public
Service Company's easements must be reviewed for safety standards, operational and
maintenance clearances, liability issues, and acknowledged with a Public Service
Company License Agreement to be executed with the property owner. PSCo is
requesting that, prior to any final approval of the development plan/plat, it is the
responsibility of the property owner/developer/contractor to have this project assigned to
a Land Rights Agent for development plan review and execution of a License
Agreement (via either website www.xcelenergy.com/rightofway or email
coloradorightofway@xcelenergy.com).
The property owner/developer/contractor must complete the application process for any
electric service, or modification to existing facilities via
xcelenergy.com/InstallAndConnect. It is then the responsibility of the developer to
contact the Xcel Designer assigned to the project for approval of design details.
As a safety precaution, PSCo would like to remind the developer to call the Utility
Notification Center by dialing 811 for utility locates prior to construction.
Violeta Ciocanu (Chokanu)
Right of Way and Permits
Public Service Company of Colorado dba Xcel Energy
Office: 303-285-6612 — Email: violeta.ciocanu@xcelenergy.com
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