HomeMy WebLinkAbout20242798.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR24-0014, FOR THE CONSTRUCTION OF A 1041 MAJOR FACILITY OF
A PUBLIC UTILITY, INCLUDING A SOLAR ENERGY FACILITY (SEF) (SOLAR
ARRAYS) WITH A GENERATING CAPACITY UP TO 650 MEGAWATT AC;
A BATTERY ENERGY STORAGE FACILITY PLANNED FOR 650 MWH WITH
A POSSIBLE INCREASE TO UP TO 1,300 MWH; A SUBSTATION (CONSTRUCTED
AND OWNED BY THE APPLICANT) TO INTERCONNECT THE PROJECT TO THE
HIGH VOLTAGE TRANSMISSION SYSTEM; AN OPERATIONS AREA, INCLUDING
AN OPERATIONS AND MAINTENANCE BUILDING, POSSIBLE WATER STORAGE,
MATERIALS STORAGE AND PARKING; AN ON -SITE COMMUNICATION SYSTEM
(COMMUNICATION LINES); METEOROLOGICAL STATIONS (APPROXIMATELY
15 FEET HIGH, ON POSTS); UP TO SEVEN (7) CONSTRUCTION TRAILERS AND
TEN (10) CONEX CONTAINERS DURING CONSTRUCTION AND UP TO FOUR (4)
CONEX CONTAINERS, POST CONSTRUCTION, FOR PARTS STORAGE, OUTSIDE
OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - MAGNUM FEEDYARD CO., LLC, CIO TAELOR SOLAR 1, 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 of County Commissioners held a public hearing on the 30th day of
October, 2024, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Magnum Feedyard Co., LLC, 11665 County Road 1, Wiggins, Colorado 80654,
do Taelor Solar 1, LLC, 3300 East 1st Avenue, Suite 675, Denver, Colorado 80206, for a Site
Specific Development Plan and Use by Special Review Permit, USR24-0014, for the construction
of a 1041 Major Facility of a Public Utility, including a Solar Energy Facility (SEF) (solar arrays)
with a generating capacity up to 650 megawatt AC; a Battery Energy Storage Facility planned for
650 MWh with a possible increase to up to 1,300 MWh; a substation (constructed and owned by
the applicant) to interconnect the project to the high voltage transmission system; an operations
area, including an operations and maintenance building, possible water storage, materials storage
and parking; an on -site communication system (communication lines); Meteorological Stations
(approximately 15 feet high, on posts); up to seven (7) construction trailers and ten (10) conex
containers during construction and up to four (4) conex containers, post construction, for parts
storage, outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
All of Section 1 except part of the W1/2 beginning
600'S of NW Cor S2340' E130' N2340' W130' to
beginning; all of Sections 2, and 3; part of the E1/2
and part of the W1/2 of Section 10; part of the W1/2
of Section 11; part of the NW1/4 NW1/4 of
Section 14; part of the NE1/4 of Section 15, in
Township 2 North, and all of Sections 33 and 34; the
S1/2 of Section 35; part of the S1/2 of Section 32, in
Township 3 North, all located in Range 61 West of
the 6th P.M., Weld County, Colorado
cc :n,CDE/HN/D.vDAMW/KR), CA(KM),
f 5R(Se), APPL., APR. REP.
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WHEREAS, at said hearing, the applicant was represented by Drew McMahan, Balanced
Rock Power, 3300 E 1st Ave #675, Denver, Colorado 80206, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Chapter 21 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 21-7-350.C.1 of the Weld County Code as follows:
A. Section 21-7-350.C.1 — The health, safety and welfare of the citizens of the
County will be protected and served. Taelor Solar 1, LLC, is a proposed
1041 Solar Energy Facility (SEF) known as Taelor Solar (Project). The
Project will be approximately 4,300 acres in size and will generate about
650 -megawatt AC (MWAC). The Project will be located on a total of 16
parcels all owned by Magnum Feedyard Co., LLC. The location of
Taelor Solar is generally between County Road (CR) 22 and CR 28
(section line) and between CR 87 (section line) and CR 97 (section line),
adjacent to the Morgan County Line. Kiowa Creek travels
northeast/southwest through the southern portion of the SEF. In addition to
the approximately 600,000 solar panels a Battery Energy Storage System
(BESS), substation, on -site communication system, a few MET Stations
are proposed. The operations area will encompass approximately ten (10)
acres north of the BNSF railway tracks on the northeast corner of CR 26
and CR 91 section line right-of-way (ROW). The operation area will include
an operations and maintenance building, possible water storage, materials
storage, and parking. Up to seven (7) construction trailers and ten (10)
conex containers are proposed during construction and up to four (4) conex
containers will remain onsite for the duration of the life of the SEF for parts
storage. One (1) or more (and exact number was not provided) MET
Station will be permanently installed on the Project site. The MET Station(s)
will be placed on posts between 15 to 35 feet tall and will remain during
Project operations. The quantity and locations of MET Stations will be
determined during final design.
Much of the site is former pasture ground that, according to the application
materials, currently has no productive use due to overgrazing, and the
property owner has not been able to use it as pasture since acquiring the
land in 2021. Approximately 594 acres of the total 4,300 acres are primarily
along the Kiowa Creek and are predominantly in corn crop production. The
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owner has reported the performance of these areas is marginal at best, and
does not believe the current use represents the highest and best use. The
adjacent properties are zoned A (Agricultural) and the land uses include
pastures, crops, and rural residences. Per Section 21-2-260 of the Weld
County Code, the Department of Planning Services sent notice to the 46
surrounding property owners (SPOs) within 1,320 feet, as well as the
owners and lessees of the mineral estate on, or under, the parcels. The
Department of Planning Services received two (2) letters of support and
one (1) letter of objection. The Community and Agency Outreach report
stated, in June of 2023, the Taelor Solar team addressed the concerns
raised by Wiggins -area and eastern Weld County community members.
The changes to the Project, based on the input from the public meeting,
include the following:
i. Reducing the area where modules would be built,
ii. Increasing setbacks to neighboring homes, and
iii. Adjusting the temporary construction traffic routing to
reduce the number of impacted neighbors by 90%.
Potential hazards associated with a SEF, BESS, and substation are fire
and explosion. The Hazards and Emergency Procedures report stated
solar projects generally provide minimal risk for explosion hazards during
operation. There will be some fuel stored onsite for construction equipment.
Electrical equipment, including inverters and transformers will be housed
in appropriately rated National Electric Manufacturers Association (NEMA)
enclosures. Each BESS container or building module will have its own fire
detection, suppression, and alarm systems. There will be no vegetation or
other flammable fuels in the BESS and substation areas. Vegetation
around buildings and electrical equipment in the solar field will be
maintained to minimize fire risk. Taelor Solar will continue to coordinate
with local fire protection districts and fire safety personnel to ensure
adequate plans and systems are in place in the unlikely event a fire issue
occurs at the solar project or BESS. Appropriate signage containing
necessary contact and safety information for the BESS will be displayed in
accordance with local code and coordination with County and fire district
officials and staff. Emergency personnel will also be provided the access
key or code for the gates. A detailed Fire Protection Plan will be provided
to the Weld County Office of Emergency Management (OEM) and the local
fire district for review, and approval, prior to the start of construction.
Southeast Weld Fire Protection District (SEWFPD) submitted referral
agency comments, dated May 30, 2024, which stated they have no
concerns. The Community and Agency Outreach section of the application
materials stated Taelor Solar has provided safety training sessions to the
SEWFPD and Wiggins Rural Fire Protection District on April 9, 2024, with
support from consultant, Fire and Risk Alliance. The OEM submitted
referral agency comments, dated September 26, 2024, which stated the
operators are required to provide an Emergency Response Plan for the
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facility, and that the operator coordinate with the Fire District on any risk
associated to the BESS storage unit and provide training to first responders
for any response required to the facility. The Design Standards
(Section 23-2-240), Operation Standards (Section 23-2-250), Conditions of
Approval, and Development Standards ensure there are adequate
provisions for the protection of the health, safety, and welfare of the
inhabitants of the neighborhood and County.
B. Section 21-7-350.C.2 — The natural and socio-economic environment of
the County will be protected and enhanced. The Taelor Solar Economic
Impact Analysis, provided with the application materials, stated the project
will be constructed over two (2) phases that are expected to last four (4)
years. The Project's direct, indirect, and induced effects in the regional
economy (i.e., Morgan and Weld Counties) are expected to result in a total
of $54.2 million of economic output, supporting 450.4 job years (112.6 jobs,
per year), and $27.4 million in labor earnings over the construction period.
The Project will also produce $1.7 million of economic output, 17.7 total
jobs, per year, and $1.2 million of labor earnings during the operations
period. Results at the state level include a total of $1.1 billion of economic
output, supporting 5,542 job years (1,385 jobs, per year),
and $441.2 million of labor earnings over the construction period;
and $8.2 million of economic output, 45.2 total jobs, per year,
and $3.3 million of labor earnings, per year, during the operations period.
C. Section 21-7-350.C.3 — All reasonable alternatives to the proposed action,
including use of existing rights -of -way and joint use of rights -of -way
wherever uses are compatible, have been adequately presented. Access
to the project site would be provided by existing roads and rights -of -way.
The proposed transmission interconnection will utilize transmission lines
that cross the site, therefore, off -site transmission is not required or
proposed. Co -locating the Project with a major transmission line minimizes
the overall impacts. Xcel's Clean Power Pathway 345 (kV) transmission
line is proposing to cross the site. The Power Pathway 345 (kV)
transmission line was approved by the Board of County Commissioners on
April 3, 2024.
D. Section 21-7-350.C.4 — The proposed action is compatible with, and
represents the best interests of, the people of the County and represents a
fair and reasonable utilization of resources in the impact area. Heritage
Environmental Consultants, LLC (Heritage), held discussions with the
Colorado Parks and Wildlife (CPW) department and submitted a Biological
Survey Plan that identifies the method that Heritage will use to implement
pre -project surveys, including a field review, swift fox surveys, greater
prairie chicken and plains sharp -tailed grouse surveys, black -tailed prairie
dog surveys, raptor and nesting surveys, and reporting. The Biological
Survey Plan was accepted by CPW, per an email dated April 21, 2023.
Both the CPW and the U.S. Fish and Wildlife Service (USFWS) stated
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threatened and endangered species exist on the site, including, but not
limited to, Western Burrowing Owls, Golden and Bald Eagles, and the
Preble's Meadow Jumping Mouse. CPW submitted referral agency
comments, dated June 18, 2024, requesting the placement of a
250 -foot -wide wildlife corridor; reducing or eliminating night-time light to
minimize wildlife attraction to Project infrastructure; and requesting that the
installation of the transmission lines follow the Avian Power Line Interaction
Committee (APLIC) standards and be installed outside the raptor nesting
season. The USFWS submitted referral agency comments dated June 14,
2024, that stated the construction of the SEF should avoid wetlands and
riparian areas. The USFWS also provided recommendations for protective
measures for threatened and endangered species, in accordance with the
Endangered Species Act (ESA). A wildlife friendly fence will surround the
entire 4,300 acres and the BESS and substation will be enclosed with a
chain -link fence with a three (3) strand barbed wire outrigger. The 1041
SEF map shows the location of the fencing and indicates that the flow path
of the Kiowa Creek will be open (not fenced) and may meet the requirement
of a 250 -foot wildlife corridor, as required by CPW. The solar facility will be
checked weekly for wildlife, either remotely or in person, or escape
structures will be installed inside the fenced area to allow animals to escape
if they become trapped within the facility. Taelor will report mortalities,
trapped or injured wildlife, or other reportable incidents to the local District
Wildlife Manager and will document and report these findings to CPW
annually for three (3) years.
CPW also indicated they would like to work with the developer on a 250 -foot
wildlife corridor because the project occurs within big game wintering
habitats, recommended the project not be lit at night, and that transmission
lines serving this project be installed according to Avian Power Line
Interaction Committee standards and outside of the raptor nesting season.
The U.S. Department of Energy, the Environmental Protection Agency, and
the U.S. Army Corps of Engineers did not submit a referral agency
response. The Weld County Oil and Gas Energy Department (OGED)
submitted referral agency comments, dated June 4, 2024, which indicated
there are no active, or proposed, 1041 WOGLA Permits on the subject
properties, but there are several oil and gas encumbrances near the
subject properties. Limited grading is expected for the site. Vegetation will
be removed for construction and maintenance. Grading will occur for site
roads, buildings, equipment enclosures, substation, MET stations, and
localized grading within the solar array. In other areas, vegetation will be
mowed for construction safety. The Southeast Weld Conservation District
(District) submitted referral agency comments, dated October 8, 2024,
which stated the District recommended the applicant conserve natural
resources, to the best of their ability, through the implementation of a
Revegetation and Soil Conservation Plan, which may include, but not be
limited to, the following practices: pre -planting grass seed, installing
hedgerows or windbreaks, and practicing soil conservation measures.
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According to the Natural Resource Conservation Service Soil Report, about
73 acres are considered Farmland of Statewide Importance. The following
table list the soils categories on the site.
Soil Type
Farmland Classification
Acres
Bresser sandy loam, low slopes
Farmland of Statewide Importance
2
Valent sand, high slopes
Not Prime Farmland
10
Bresser sandy loam, low slopes
Prime Farmland if Irrigated and the Product of
I (Soil Erodibility) X C (Climate Factor) Does
Not Exceed 60
14
Colombo clay loam, low slopes
Prime Farmland if Irrigated
727
Colombo clay loam, low slopes
Prime Farmland if Irrigated
114
Haverson loam, low slopes
Prime Farmland if Irrigated
188
Osgood sand, low slopes
Farmland of Statewide Importance
71
Valent sand, low slopes
Farmland of Local Importance
299
Valent sand, high slopes
Not Prime Farmland
3,021
Vona loamy sand, low slopes
Farmland of Local Importance
1
The Project will require water during construction primarily for dust control
and consumptive use for concrete and other needs. Water consumption
during operation would be relatively low and primarily for potable uses by
site personnel and possible periodic washing of panels. Construction water
needs are estimated to be up to approximately 250 -acre-feet, per year,
over the course of the construction period. Estimated operational water
requirements will be up to 15 to 30 -acre-feet, per year. Taelor Solar plans
to purchase construction and operations water from the landowner's
existing wells. There are 11 irrigation wells on the project site, with well
permit numbers: 8309-RFP, 8310-RFP, 8311-RFP-R, 12356-RFP,
12357-RFP, 3967 -FP, 6984-RFP, 6985-RFP, 6986-RFP, 8793-RFP, and
14705-RFP. Per the agreement between the landowner and Taelor Solar,
one (1) or more of these wells will be transitioned to commercial in order to
be utilized for the Project. The State of Colorado, Division of Water
Resources (DWR) returned a referral, dated May 31, 2024, which stated,
in order to change the use of these wells, the well owner must file an
application for each well to change the allowed use, using form DBB-005,
which must be submitted with a report, with a historical consumptive use
analysis and supporting documentation, such as historical pumping or
power consumption records, a pump test, and historical crop practices. The
owner must also obtain a new permit, pursuant to the approved, changed
uses, in order to use the well for the new uses. Sewer service is not
required on the site and portable toilets will be provided during construction.
E. Section 21-7-350.C.5 — A satisfactory program to mitigate and minimize
adverse impacts has been presented, including decommissioning and
reclamation. The Taelor Solar 1041 SEF is proposed to be located on 4,300
acres and generate about 650 -megawatt AC (MWAC). The Project will be
located on a total of 16 parcels, all owned by Magnum Feedyard Co., LLC.
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The Project is generally located between CR 22 and CR 28 (section line)
and between CR 87 (section line) and CR 97 (section line). Kiowa Creek
and Jackrabbit Creek travel northeast/southwest through the southern
portion of the SEF. The Project will generate about 650 -megawatt AC
(MWAC). In addition to the approximately 600,000 solar panels a Battery
Energy Storage System (BESS), substation, on -site communication
system, and a few MET Stations are proposed. The operations area will
encompass approximately ten (10) acres north of the BNSF railway tracks,
on the northeast corner of CR 26 and CR 91 section line ROW. The
operation area will include an operations and maintenance building,
possible water storage, materials storage, and parking. Up to seven (7)
construction trailers and ten (10) conex containers are proposed during
construction and up to four (4) conex containers will remain on -site for the
duration of the life of the SEF for parts storage. One (1) or more (the exact
number was not provided) MET Station(s) will be permanently installed on
the Project site. These MET Stations will be placed on posts between 15
to 35 feet tall and will remain during Project operations. The quantity and
locations of MET Stations will be determined during final design.
Ground -mounted solar collectors will be less than ten (10) feet, measured
from the highest grade below each solar panel to the highest extent of the
solar panel rotation. The SEF is not within 500 feet of any residence.
The application materials include reports that outlined the adverse impacts
and the actions that will be taken to minimize these impacts. These reports
include the following: a Photosim (visual impacts), a Biological Survey Plan
(Wildlife Study Plan and CPW Consultation), a Dust and Weed Mitigation
Plan, a Preliminary Drainage Report, a Hazards and Emergency
Procedures Plan, an Economic Impact Analysis (Socio-Economic Report),
an Aquatics Resource Survey Report (Wetland Study), and a Cultural
Resources Class I Analysis, a Noise Report, and a Glare Hazard
Assessment, along with a Decommissioning and Reclamation Plan. These
reports, along with the remainder of the application materials, outline the
impacts and the mitigation measures for the identified impacts. The
Project's visual impact to the adjacent residences was assessed via a
series of photosims. The visual simulations were views of the Project from
the closest residences. Generally, the closest residences will have a clear
view of the Project. The visual impacts were assessed from locations within
a one-half (1/2) mile radius of the proposed Project site, and according to
the application materials, the Project is not generally visible from 1-76. The
Project is about one -and -one-half (1.5) miles south of 1-76, at its nearest
point, and the visibility is partially screened by the topography and the fact
that the structural components of the Project are generally less than 15 feet
tall. No screening is proposed. The USFWS submitted referral agency
comments, dated June 14, 2024, which stated the construction of the SEF
should avoid wetlands and riparian areas. They also provided
recommendations for protective measures for threatened and endangered
species, in accordance with the ESA. Heritage Environmental Consultants,
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LLC, held discussions with CPW and submitted a Biological Survey Plan
that was accepted by CPW, per an email dated April 21, 2023. Both the
CPW and the USFWS stated there are threatened and endangered species
on the site, including, but not limited to, Western Burrowing Owls, Golden
and Bald Eagles, and the Preble's Meadow Jumping Mouse. CPW
submitted referral agency comments, dated June 18, 2024, which
requested the placement of a 250 -foot -wide wildlife corridor; reducing or
eliminating night-time light to minimize wildlife attraction to Project
infrastructure; and requested the installation of the transmission lines follow
the APLIC standards and be installed outside the raptor nesting season. A
wildlife friendly fence will surround the entire 4,300 acres and the BESS
and substation will be enclosed with a chain -link fence with a three (3)
strand barbed wire outrigger. The 1041 SEF map shows the location of the
fencing and indicates that the flow path of the Kiowa Creek will be open
(not fenced) and may meet the requirement of a 250 -foot wildlife corridor,
as required by CPW. The Preliminary Drainage Report stated, in the
existing condition, a majority of the site drains to the north. The nearest
water feature is Kiowa Creek (public), which passes through a portion of
the project site on the east. Kiowa Creek flows north-northwest to its
ultimate receiving waters, the South Platte River. The existing drainage
patterns will be maintained in the proposed condition. About 80% of the
soils have a Hydrologic Soil Group rating of A or B (sandy soils) with the
remainder classified as C. The development of the site will maintain surface
flow conditions, so runoff will flow slowly and have a greater chance of
infiltration before entering Kiowa Creek. There are no proposed features
that would cause channelization within the project area. Additionally, the
impervious areas (gravel access roads and concrete inverters) are
disconnected and will sheet flow across hundreds of feet of native
vegetation before entering Kiowa Creek, which will quickly convey surface
runoff offsite to the north.
The areas under the solar panels will be planted with a low -maintenance,
native grass seed mix, in order to mimic natural processes, to manage
stormwater, seed, installing hedgerows or windbreaks, and practicing soil
conservation measures. A substation pad and BESS area is proposed
within the substation basin. Due to the change in imperviousness in this
sub -basin, an extended detention basin is proposed to capture and
attenuate excess stormwater runoff from the proposed areas. Limited
grading is expected for the site. Vegetation will be removed for construction
and maintenance. Grading will occur for site roads, buildings, equipment
enclosures, substation, MET stations, and localized grading within the solar
array. In other areas, vegetation will be mowed for construction safety. The
Dust and Weed Management Plan stated dust control will be required for:
grading, vehicles driving on unpaved roads, clearing, and excavation for
staging areas. The existing soil types make the use of palliatives,
suppressants, and binders difficult. Taelor Solar will utilize any existing
stabilized access roads as much as possible, construct a wind barrier (such
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as a fence) in dominant wind direction to minimize wind erosion and
blowing dust, import clayey soils to mix into top six (6) inches of sand to
create a suitable substrate for palliatives, suppressants, or binders to
attach to, mix the top six (6) inches of sandy soils with fly ash to harden soil
surface, and cover unpaved road surfaces with gravel, road base, or
recycled asphalt (minimum of 4 inches thick). The palliatives,
suppressants, or binders will not include oil and may include potable and/or
natural groundwater, magnesium chloride, and calcium chloride. The
Project will require water during construction, primarily for dust control and
consumptive use for concrete and other needs. Water consumption during
operation would be relatively low and primarily for potable uses by site
personnel and possible periodic washing of panels. Construction water
needs are estimated to be up to approximately 250 -acre-feet, per year,
over the course of the construction period. Estimated operational water
requirements will be up to 15 to 30 -acre-feet, per year. Taelor Solar plans
to purchase construction and operations water from the landowner's
existing wells. There are 11 irrigation wells on the Project site, with well
permit numbers: 8309-RFP, 8310-RFP, 8311-RFP-R, 12356-RFP,
12357-RFP, 3967 -FP, 6984-RFP, 6985-RFP, 6986-RFP, 8793-RFP, and
14705-RFP. Per the agreement between the landowner and Taelor Solar,
one (1) or more of these wells will be transitioned to commercial in order to
be utilized for the Project. The DWR returned a referral, dated May 31,
2024, which stated, in order to change the use of the wells, the well owner
must file an application for each well to change the allowed use, using form
DBB-005, which must be submitted with a report with a historical
consumptive use analysis and supporting documentation, such as
historical pumping or power consumption records, a pump test, and
historical crop practices. The owner must also obtain a new permit,
pursuant to the approved changed uses, in order to use the well for the new
uses. Bottled water and portable toilets will be used during construction.
Weld County Code sets maximum noise level at 55 dBA during the day and
50 dBA at night, with limits of 80 dBA and 75 dBA for temporary
construction activities. The Equipment Noise Assessment analyzed the
noise from a solar inverter (PCS) and BESS equipment. The PCS had a
maximum dBA level of 89.1 dBA, measured at a distance of 4 feet. At a
distance of 250 feet the dBA would reduce to 55 dBA. The PCS will be at
least 350 feet from the nearest parcel boundary and more than 1,000 feet
to the nearest residence. Based on this data and the location of the
equipment the Project will meet the noise requirements, as outlined in the
Code. The noise related to construction will be noticeable to the residents
in the area. Construction is temporary in nature and is not anticipated to
exceed maximum levels at the property boundary for construction activities.
The noise would be generated along the major access routes by vehicles
delivering workers and supplies to the site. Construction is limited to
daylight hours; however, the application materials also state that night-time
construction may be a possibility. No noise mitigation has been submitted,
in the event construction continues into the night.
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A Glare Hazard Assessment was submitted with the application materials.
This assessment categorized the glare into one (1) of the three (3) ocular
hazard color codes of green, yellow or red. Green has glare with low
potential to cause temporary afterimage (i.e. lingering image in a viewer's
eye associated with a flash of light) to a viewer prior to a typical blink
response time. Yellow has glare with potential to cause temporary
afterimage to a viewer prior to a typical blink response time. Red has glare
with potential to cause retinal damage to a viewer prior to a typical blink
response time. The Project is not predicted to create red glare at any of the
studied receptor locations. However, assuming a resting angle of 3° for the
solar panels, yellow glare was predicted on CR 95. The solar panels in this
section, (approximately 1,160 feet long and 100 feet wide), were predicted
to cause yellow glare between 3:30 p.m. and 4:30 p.m., from early
November to early February. Also, assuming the same resting angle of 3°,
yellow glare was predicted on the BNSF railroad from a section of the array
just south of the track. The solar panels in this section, (approximately 800
feet long and 25 feet wide), were predicted to cause yellow glare between
6:00 a.m. and 8:00 a.m., from late October to mid -February. This amounts
to yellow glare being possible in approximately 0.11% of the daytime
annually. Taelor Solar has stated that this yellow glare will be mitigated by
ensuring that the resting angle of the solar panels will be kept between 15°
and 20°. The Decommissioning and Reclamation Plan stated all
components, including panels, inverters, wire, cable, combiner boxes,
transformers, racks, trackers, tracker motors, weather monitoring, control
system apparatus, non -utility owned equipment, conduits, structures,
fencing, and foundations, to a depth agreed to in landowner agreements or
36 inches, will be removed and the property will be restored to a condition
reasonably similar to its condition prior to installation of Taelor Solar, or as
initially agreed upon. Additionally, vegetation suitable for the location,
native to the region, and which matches surrounding vegetation will be
planted.
Per Section 23-4-1030.B.4 of the Weld County Code, an irrevocable
standby letter of credit, bond, or alternate form of security, in an amount
sufficient to fund the estimated decommissioning/reclamation costs, is
required for acceptance, and approval, by the Weld County Board of
County Commissioners.
F. Section 21-7-350.C.6 — The nature and location or expansion of the facility
complies with all applicable provisions of the master plan of this County
and service areas, and other applicable regional, metropolitan, state and
national plans. The Project is generally located between CR 22 and CR 28
(section line) and between CR 87 (section line) and CR 97 (section line)
and is in a remote area of the County, adjacent to the Morgan County Line.
The site is not within a Coordinate Planning Agreement (CPA) area or a
three (3) mile referral area for any municipality. The first responders and/or
emergency services that are affected with this proposal include the Weld
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County Sheriff's Office and the SEWFPD. The Weld County Sheriffs Office
and the SEWFPD submitted referral agency responses, dated May 29,
2024, and May 30, 2024, respectively, which stated they have no concerns.
The public outreach section of the application materials stated Taelor Solar
has provided safety training sessions to SEWFPD and Wiggins Rural Fire
Protection District on April 9, 2024, with support from consultant, Fire and
Risk Alliance.
The Weld County OEM submitted referral agency comments, dated
September 26, 2024, which stated the operators are required to provide an
Emergency Response Plan for the facility and that the operator coordinate
with the Fire District on any risk associated to the BESS storage unit, and
provide training to first responders for any response required to the facility.
During the 24 to 36 -month construction period there will be 300-450
workers at the site. Construction of the Project will occur during daylight
hours, on weekdays. Weekend construction activities could be needed. If
nighttime construction is needed, lighting would be provided by portable
downward -casting lights that would only illuminate the local work area. The
construction is expected to start with the installation of the perimeter
fencing. Site preparation and the installation of solar equipment is expected
to move continuously across the site from one array to the next. Substation
and interconnection construction would occur in parallel with construction
of the solar arrays.
G. Section 21-7-350.C.7 — The nature and location or expansion of the facility
does not unduly or unreasonably impact existing community services, nor
will it create an expansion of the demand for government services beyond
the reasonable capacity of the community or region to provide such
services, as determined by the Board of County Commissioners. The
government services significantly affected with this proposal include, but
are not limited to, first responders and/or emergency services, including the
Weld County Sheriff's Office and the SEWFPD. The Weld County Sheriffs
Office and the SEWFPD submitted referral responses dated May 29, 2024,
and May 30, 2024, respectively, stating no concerns. The Weld County
OEM submitted referral agency comments, dated September 26, 2024,
which stated the operators are required to provide an Emergency
Response Plan for the facility and that the operator coordinate with the Fire
District on any risk associated to the BESS storage unit, and provide
training to first responders for any response required to the facility. Weld
County School District RE -3J and Wiggins School District did not return
referral agencies responses.
H. Section 21-7-350.C.8 — The nature and location of the facility or expansion
will not unduly interfere with existing easements, rights -of -way, other
utilities, canals, mineral claims or roads. No ditches, canals, laterals or
pipelines have been identified through title and survey work. The Project
will not interfere with existing easements, ROW, utilities, canals, roads or
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mineral claims. All surface rights and mineral owners impacted will be
notified as a part of the permitting process. The Project has been sited
adjacent to major new transmission infrastructure (Pathways), in part to
limit the ROWs and infrastructure necessary to interconnect the Project.
Based on the absence of ditches, canals and laterals that are visible or are
of record, no associated encroachment agreements or easements have
been obtained.
Section 21-7-350.C.9 — Adequate utilities exist or shall be developed to
service the site, as necessary. The Project will require water during
construction primarily for dust control and consumptive use for concrete
and other needs. Water consumption during operation will be relatively low
and primarily for potable uses by site personnel and possible periodic
washing of panels. Construction water needs are estimated to be up to
approximately 250 -acre-feet, per year, over the course of the construction
period. Estimated operational water requirements will be up to 15
to 30 -acre-feet, per year. Taelor Solar plans to purchase construction and
operations water from the landowner's existing wells. There are 11
irrigation wells on the Project site, with well permit numbers: 8309-RFP,
8310-RFP, 8311-RFP-R, 12356-RFP, 12357-RFP, 3967 -FP, 6984-RFP,
6985-RFP, 6986-RFP, 8793-RFP, and 14705-RFP. Per the agreement
between the landowner and Taelor Solar, one (1) or more of these wells
will be transitioned to commercial in order to be utilized for the Project. The
DWR returned a referral, dated May 31, 2024, which stated, in order to
change the use of these wells, the well owner must file an application for
each well to change the allowed use, using form DBB-005, which must be
submitted with a report with a historical consumptive use analysis and
supporting documentation, such as historical pumping or power
consumption records, a pump test, and historical crop practices. The owner
must also obtain a new permit, pursuant to the approved changed uses, in
order to use the well for the new uses. Bottled water and portable toilets
will be used during construction.
J. Section 21-7-350.C.10 — The nature and location for expansion of the
facility will not unduly interfere with any significant wildlife habitat or
adversely affect any endangered wildlife species, unique natural resource
or historic landmark within the impact area. The Project is generally located
between CR 22 and CR 28 (section line) and between CR 87 (section line)
and CR 97 (section line) and is in a remote area of the County, adjacent to
the Morgan County Line. The Project is characterized as a utility -scale
Solar Energy Facility (SEF) on 4,300 acres. There is one (1) USR within
the subject site and no USRs within one (1) mile of the exterior boundary
of the SEF: USR-1129 is located on Section 2, Township 2 North,
Range 61 West. This parcel is slated to be encumbered by USR24-0014,
therefore, the full vacation of USR-1129 is a Condition of Approval. Linear
infrastructure includes, BNSF railway tracks, local, primarily gravel, roads,
Kiowa and Jack Rabbit Creeks and associated unnamed tributaries. The
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applicant has submitted a petition to vacate the internal ROW in order to
eliminate the setback requirement. Staff has presented a Revocable
License Agreement (RLA) as an alternative to vacating the ROW. The RLA
would allow construction in the ROW.
The USFWS submitted referral agency comments, dated June 14, 2024,
that stated the construction of the SEF should avoid wetlands and riparian
areas. They also provided recommendations for protective measures for
threatened and endangered species, in accordance with the ESA. Heritage
Environmental Consultants, LLC, held discussions with CPW and
submitted a Biological Survey Plan that was accepted by CPW, per an
email dated April 21, 2023. Both the CPW and the USFWS stated
threatened and endangered species exist on the site, including, but not
limited to, Western Burrowing Owls, Golden and Bald Eagles, and the
Preble's Meadow Jumping Mouse. CPW submitted referral agency
comments, dated June 18, 2024, requesting the placement of a
250 -foot -wide wildlife corridor; reducing or eliminating night-time light to
minimize wildlife attraction to Project infrastructure; and requesting that the
installation of the transmission lines follow APLIC standards and be
installed outside the raptor nesting season. A wildlife friendly fence will
surround the entire 4,300 acres and the BESS and substation will be
enclosed with a chain -link fence with a three (3) -strand barbed wire
outrigger. The 1041 SEF map shows the location of the fencing and
indicates that the flow path of the Kiowa Creek will be open (not fenced)
and may meet the requirement of a 250 -foot wildlife corridor, as required
by CPW. The U.S. Department of Energy, the Environmental Protection
Agency, the U.S. Army Corps of Engineers, and History Colorado did not
submit referral agency comments. The Southeast Weld Conservation
District submitted referral agency comments, dated October 8, 2024, which
stated they would like the applicant to conserve natural resources, to the
best of their ability, through the implementation of a Revegetation and Soil
Conservation Plan, which may include, but not be limited to, the following
practices: pre -planting grass seed, installing hedgerows or windbreaks,
and practicing soil conservation measures.
K. Section 21-7-350.C.11 — The geological and topographic features of the
site are adequate for all construction, clearing, grading, drainage,
vegetation and other needs of the facility construction or expansion. The
proposed Project site is suitable for the proposed solar facility
development. Solar projects have access to a range of technologies and
construction methodologies that make installation possible on a wide range
of soil types and geological conditions. The pre -construction analyses
include, among others, a Preliminary Drainage Report, Erosion Control
Plan, and Vegetation Management Plan. The prevalent natural hazard is
flooding from Kiowa Creek, Jack Rabbit Creek, and associated unnamed
tributaries. The referral agency comments from the Weld County Floodplain
Administrator, dated July 18, 2024, state that while there is FEMA
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studied 100 -year floodplain (Zone A) for Kiowa Creek, in Morgan County
just east of and adjacent to the Project is a FEMA mapped 100 -year
floodplain, but the study area does not extend into Weld County. However,
since there is a Special Flood Hazard Area mapped along Kiowa Creek, in
Morgan County, by extrapolation, there is 100 -year floodplain in Weld
County along the same creek. Due to the nature of the proposed facility
(i.e. a critical facility by definition in Section 23-1-90) and based on the
potential for 100 -year flooding in this area, a Floodplain Hazard
Development Permit is required. Apart from the creek beds the topography
is gently rolling (somewhat flat) and a combination of crops, such as alfalfa,
and the remainder is undeveloped land. There is only one (1) parcel with
improvements on it. The parcel on the southwest corner of CR 26.5 and
CR 95 has two (2) residences, and about 16 agricultural outbuildings,
including grain bins, sheds, and a quonset hut. The Colorado Geologic
Survey did not return a referral agency response. The hydrologic issues on
Project site are riverine flooding and erosive velocities, in addition to
isolated pockets of ponding. The Southeast Weld Conservation District
submitted referral agency comments, dated October 8, 2024, which stated
they would like the applicant to conserve natural resources to the best of
their ability, through the implementation of a Revegetation and Soil
Conservation Plan, which may include, but not be limited to, the following
practices: pre -planting grass seed, installing hedgerows or windbreaks,
and practicing soil conservation measures.
L. Section 21-7-350.C.12 — The existing water quality of affected state waters
will not be degraded below state and federal standards or established
baseline levels. The prevalent natural hazard is flooding from Kiowa Creek,
Jack Rabbit Creek, and associated unnamed tributaries. The referral
agency comments from the Weld County Floodplain Administrator, dated
July 18, 2024, state that while there is FEMA studied 100 -year floodplain
(Zone A) for Kiowa Creek, in Morgan County just east of and adjacent to
the Project, is a FEMA mapped 100 -year floodplain, but the study area
does not extend into Weld County. However, since there is a Special Flood
Hazard Area mapped along Kiowa Creek, in Morgan County, by
extrapolation, there is 100 -year floodplain in Weld County along the same
creek. Due to the nature of the proposed facility (i.e. a critical facility by
definition in Section 23-1-90) and based on the potential for 100 -year
flooding in this area, a Floodplain Hazard Development Permit is required.
The U.S. Army Corps of Engineers did not submit a referral agency
response. The Preliminary Drainage Report stated, in the existing
condition, a majority of the site drains to the north. The nearest water
feature is Kiowa Creek (public), which passes through a portion of the
project site on the east. Kiowa Creek flows north-northeast to its ultimate
receiving waters, the South Platte River. The existing drainage patterns will
be maintained in the proposed condition. About 80% of the soils have a
Hydrologic Soil Group rating of A or B (sandy soils) with the remainder
classified as C. The development of the site will maintain surface flow
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conditions, so runoff will flow slowly and have a greater chance of infiltration
before entering Kiowa Creek. There are no proposed features that would
cause channelization within the project area. Additionally, the impervious
areas (gravel access roads and concrete inverters) are disconnected and
will sheet flow across hundreds of feet of native vegetation before entering
Kiowa Creek, which will quickly convey surface runoff offsite to the north.
M. Section 21-7-350.C.13 — The proposed project will not have a significantly
adverse net effect on the capacities or functioning of streams, lakes and
reservoirs in the impact area. Kiowa Creek, Jack Rabbit Creek, and
associated unnamed tributaries travel through the Project, and the draft
1041 map shows that the approximately 600,000 solar panels are
configured to avoid these stream beds.
N. Section 21-7-350.C.14 — The benefits of the proposed developments over
the life of the project outweigh the temporary losses of any natural
resources or reduction of productivity of agricultural lands as a result of the
proposed development. Taelor Solar 1, LLC, is a proposed 1041 Solar SEF
known as Taelor Solar. The Project will be approximately 4,300 acres in
size and will generate about 650 -megawatt AC (MWAC). The Project will
be located on a total of 17 parcels all owned by Magnum Feedyard Co.,
LLC. The location of Taelor Solar is generally between CR 22 and CR 28
(section line) and between CR 87 (section line) and CR 97 (section line),
adjacent to the Morgan County Line. Kiowa Creek travels
northeast/southwest through the southern portion of the SEF. In addition to
the approximately 600,000 solar panels, a Battery Energy Storage System
(BESS), substation, on -site communication system, and a few MET
Stations are proposed. The operations area will encompass approximately
ten (10) acres north of the BNSF railway tracks on the northeast corner of
CR 26 and CR 91 section line ROW. The operation area will include an
operations and maintenance building, possible water storage, materials
storage, and parking. Up to seven (7) construction trailers and ten (10)
conex containers are proposed during construction and up to four (4) conex
containers will remain onsite for the duration of the life of the SEF for parts
storage. One (1) or more (and exact number was not provided) MET
Station will be permanently installed on the Project site. The MET Station(s)
will be placed on posts between 15 to 35 feet tall and will remain during
Project operations. The quantity and locations of MET Stations will be
determined during final design. The Project will add alternative energy to
the grid and provide short-term and long-term benefits to the Weld County
economy. The Taelor Solar Economic Impact Analysis provided with the
application materials stated the Project's direct, indirect, and induced
effects in the regional economy (i.e., Morgan and Weld Counties) are
expected to result in a total of $54.2 million of economic output, supporting
450.4 job years (112.6 jobs, per year), and $27.4 million in labor earnings
over the construction period. The Project will also produce $1.7 million of
economic output, 17.7 total jobs, per year, and $1.2 million of labor
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earnings during the operations period. Results at the state level include a
total of $1.1 billion of economic output, supporting 5,542 job years (1,385
jobs, per year), and $441.2 million of labor earnings over the construction
period; and $8.2 million of economic output, 45.2 total jobs, per year,
and $3.3 million of labor earnings, per year, during the operations period.
The Decommissioning and Reclamation Plan stated the expected useful
life of the Project is 40 years and that after about 40 years the land will be
returned to the same condition as it was prior to the construction of the
SEF. According to the Natural Resource Conservation Service Soil Report,
about 73 acres of the 4,300 acres are considered Farmland of Statewide
Importance. The following table list the soils categories on the site.
Soil Type
Farmland Classification
Acres
Bresser sandy loam, low slopes
Farmland of Statewide Importance
2
Valent sand, high slopes
Not Prime Farmland
10
Bresser sandy loam, low slopes
Prime Farmland if Irrigated and the Product of
I (Soil Erodibility) X C (Climate Factor) Does
Not Exceed 60
14
Colombo clay loam, low slopes
Prime Farmland if Irrigated
727
Colombo clay loam, low slopes
Prime Farmland if Irrigated
114
Haverson loam, low slopes
Prime Farmland if Irrigated
188
Osgood sand, low slopes
Farmland of Statewide Importance
71
Valent sand, low slopes
Farmland of Local Importance
299
Valent sand, high slopes
Not Prime Farmland
3,021
Vona loamy sand, low slopes
Farmland of Local Importance
1
O. Section 21-7-350.C.15 — The applicant has obtained, or will obtain, all
property rights, permits and approvals necessary for the proposed project,
including surface, mineral access rights and easements for drainage,
utilities, access, etc. If the applicant has not obtained all necessary property
rights, permits and approvals, the Board may, at its discretion, grant the
permit conditioned upon completion of the acquisition of such rights prior
to issuance of a Building Permit by the County. The application materials
state the property rights required for all lands have been acquired and that
no off -site rights -of -way or easements would be required. All needed
County, State and Federal approvals will be obtained prior to construction.
There are no active oil and gas leases on the site. The permits required
prior to construction and operation include, but are not limited to, a Weld
County Grading Permit, a Weld County Right -of -Way Permit, Weld County
Building Permits, Colorado Department of Public Health and Environment
(CDPHE) Colorado Pollutant Discharge Elimination System (CPDES)
permit, and U.S. Environmental Protection Agency (USEPA) Spill
Prevention, Control, and Countermeasures (SPCC) Plan. The Wetland
Survey provided in the application materials state that the Project area
contains the Kiowa Creek drainage, which has been substantially affected
by agricultural land use and intervening infrastructure, e.g., 1-76,
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BNSF railroad, and local roads. Kiowa Creek flows northeast and
downstream of the Project area. The results of the Wetland Survey state
the hydrological features in the Project area are isolated waters, and not
subject to the Clean Water Act (CWA). An Approved Jurisdictional
Determination, issued by the U.S. Army Corp of engineers (USACE), would
be the ultimate ruling. A U.S. Army Corp of Engineers Nationwide Permit
would be required for work in jurisdictional wetlands. The U.S. Army Corp
of Engineers did not submit referral agency comments. The Preliminary
Drainage Report stated, in the existing condition, a majority of the site
drains to the north. The nearest water feature is Kiowa Creek (public),
which passes through a portion of the project site on the east. Kiowa Creek
flows north-northwest to its ultimate receiving waters, the South Platte
River. The existing drainage patterns will be maintained in the proposed
condition. About 80% of the soils have a Hydrologic Soil Group rating of
A or B (sandy soils) with the remainder classified as C. The development
of the site will maintain surface flow conditions, so runoff will flow slowly
and have a greater chance of infiltration before entering Kiowa Creek.
There are no proposed features that would cause channelization within the
project area. Additionally, the impervious areas (gravel access roads and
concrete inverters) are disconnected and will sheet flow across hundreds
of feet of native vegetation before entering Kiowa Creek, which will quickly
convey surface runoff offsite to the north.
P. Section 21-7-350.C.16 — The proposed project will not present an
unreasonable risk of exposure to, or release of, toxic or hazardous
substances within the impact area. The application materials stated that
Taelor Solar will not have toxic or hazardous materials present on the site
and that no toxic or hazardous materials are expected to be released during
the construction and operation of the project. The application materials also
state that all County, State and Federal regulations related to the
management of any toxic or hazardous substances will be followed during
the construction or operation of the Project. The application materials
included a Hazards and Emergency Procedures Report that indicated the
primary wastes generated by solar projects during construction, operation,
and maintenance would be nonhazardous solid and liquid wastes. Waste
management would emphasize the recycling of wastes, where possible,
and would identify the specific landfills that would receive wastes that
cannot be recycled. A Hazardous Materials Management Plan will be
developed prior to construction and a SPCC Plan will be produced as
necessary. The application materials state that batteries, fuels, oils,
lubricants, and solvents would be the primary hazardous and flammable
materials that would be onsite during construction and operation. Small
quantities of additional common hazardous materials would be used onsite
during construction, including antifreeze and used coolant, latex and
oil -based paint, paint thinners and other solvents, cleaning products, and
herbicides. The applicant stated that prior to construction, they will develop
a Hazardous Materials Management Plan describing the specific measures
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that will be followed to manage and control the use of them onsite. The
need for, and the amount of, fuel storage on the site will be determined
prior to the start of construction. The applicant has stated that a SPCC Plan
will be provided prior to the start of construction. The submittal of a
Hazardous Materials Management Plan and a SPCC Plan have been
added as Conditions of Approval. The Weld County OEM submitted referral
agency comments, dated September 26, 2024, stated the operators are
required to provide an Emergency Response Plan for the facility and that
the operator coordinate with the fire district on any risk associated to the
BESS storage unit, and provide training to first responders for any
response required to the facility.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Magnum Feedyard Co., LLC, c/o Taelor Solar 1, LLC,
for a Site Specific Development Plan and Use by Special Review Permit, USR24-0014, for the
construction of a 1041 Major Facility of a Public Utility, including a Solar Energy Facility (SEF)
(solar arrays) with a generating capacity up to 650 megawatt AC; a Battery Energy Storage
Facility planned for 650 MWh with a possible increase to up to 1,300 MWh; a substation
(constructed and owned by the applicant) to interconnect the project to the high voltage
transmission system; an operations area, including an operations and maintenance building,
possible water storage, materials storage and parking; an on -site communication system
(communication lines); Meteorological Stations (approximately 15 feet high, on posts); up to
seven (7) construction trailers and ten (10) conex containers during construction and up to four (4)
conex containers, post construction, for parts storage, outside of subdivisions and historic
townsites in the A (Agricultural) Zone District, on the parcel of land described above, be, and
hereby is, granted subject to the following conditions:
1. Prior to recording the 1041 USR map:
A. The applicant shall submit a USR Vacation application to vacate
USR-1129.
B. The applicant shall enter into a Revocable License Agreement with Weld
County in order to install solar modules in the resolution right-of-way for
portions of north/south County Roads 89, 91, 93, and east/west County
Roads 24 and 26, as applicable.
C. The applicant shall submit documentation showing that the 3.57 -acre
parcel (#129915100002) is a legal parcel, or shall combine said parcel with
the 40.02 -acre parcel to the east (#129915000009).
D. The applicant shall acknowledge the concerns of the Southeast Weld
Conservation District, as stated in the referral response, dated October 8,
2024. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
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E. The applicant shall address the requirements of Colorado Parks and
Wildlife, as stated in the referral response, dated June 18, 2024. Written
evidence of such shall be submitted to the Weld County Department of
Planning Services.
F The applicant shall address the requirements of the Colorado Department
of Transportation, as stated in the referral response, dated September 30,
2024. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
G. An Improvements and Road Maintenance Agreement is required for
up -front off -site improvements for this site. Road maintenance includes, but
is not limited to, dust control and damage repair to specified haul routes.
The Agreement shall include provisions addressing engineering
requirements, submission of collateral, and testing and approval of
completed improvements.
H. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer, registered in the State of Colorado, is
required.
The 1041 map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR24-0014.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 21-7-330.B
of the Weld County Code.
4) The applicant shall show and label the required setbacks, in
accordance with Section 23-4-1030.C.3 of the Weld County Code.
5) The applicant shall show and label any existing and proposed solar
facility installations and electrical equipment, power lines,
structures, temporary work trailers, storage containers (limited to
five [5], per Section 23-3-30.B of the Weld County Code), storage
areas and miscellaneous improvements, as applicable. Clearly
indicate which items are temporary for use during construction and
which items are permanent.
6) The applicant shall show and label the required fencing, gates and
any emergency and site identification signage, in accordance with
Section 23-2-240.A.12 and Section 23-4-1030.C.6 of the Weld
County Code. Include fence and sign specification details on the
map. Refer to the Weld County Sign Code, as amended.
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7) The applicant shall show and label the location of the trash
collection areas, if applicable. Include specification details on the
1041 map. Refer to Section 23-2-240.A.13 of the Weld County
Code for design criteria.
8) The applicant shall show and label any on -site lighting, if applicable.
All lighting shall be downcast and shielded so that light rays will not
shine directly onto adjacent properties. Include lighting specification
details on the 1041 map. Refer to Section 23-2-250.D of the Weld
County Code for design criteria.
9) The applicant shall delineate the trash collection areas, specific to
the temporary construction laydown and staging areas, on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
10) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 of the Weld County Code.
11) County Roads 22 (east of County Road 93), 26.5, 93, and 95 are
gravel roads and are designated on the Weld County Functional
Classification Map as local roads, which require 60 feet of
right-of-way at full buildout. The applicant shall delineate and label
the existing rights -of -way (along with the creating documents) and
the physical location of each road on the 1041 map. All setbacks
shall be measured from the edge of the right-of-way. These roads
are maintained by Weld County.
12) County Road 95 is a gravel road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the 1041 map. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
13) County Road 22 (west of County Road 93) is a section line road
and is shown to have 30 feet of unmaintained section line
right-of-way, per the Weld County GIS right-of-way map. The
applicant shall verify and delineate the existing right-of-way on the
1041 map. The applicant shall show and label the section line
right-of-way as "COUNTY ROAD 22 Section Line Right -of -Way, Not
County Maintained." All setbacks shall be measured from the edge
of the right-of-way unless the setback requirement is specifically
waived through an executed and recorded license agreement
between the applicant and the County.
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14) County Road 24 (between County Road 93 and County Road 95)
is a section line road and is shown to have 30 feet of unmaintained
section line right-of-way, per the Weld County GIS right-of-way
map. The applicant shall verify and delineate the existing
right-of-way on the 1041 map. The applicant shall show and label
the section line right-of-way as "COUNTY ROAD 24 Section Line
Right -of -Way, Not County Maintained." All setbacks shall be
measured from the edge of the right-of-way unless the setback
requirement is specifically waived through an executed and
recorded license agreement between the applicant and the County.
15) The applicant shall show and label the approved access location(s),
approved access width, and the appropriate turning radii (65') on
the 1041 map. The applicant must obtain an Access Permit in the
approved location(s), prior to construction.
16) The applicant shall show and label the approved tracking control on
the 1041 map.
17) The applicant shall 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.
18) The applicant shall 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.
19) The applicant shall show and label the drainage flow arrows.
20) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
21) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the site map. Label the floodplain boundaries with
the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study.
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 paper map along with all other documentation required as
Conditions of Approval. The paper map shall be recorded in the office of the Weld
County Clerk and Recorder by the Department of Planning Services. The paper
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map and additional requirements shall be submitted within 120 days from the date
of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
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 three (3) month period.
4. 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 23-4-1030.6.4 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.
B. The applicant shall submit a Hazardous Materials Management Plan.
C. The applicant shall submit a Spill, Control, and Countermeasure Plan.
D. The applicant shall submit documentation on the exact quantity and
locations of MET Stations.
E. A Right-of-way Use Permit shall be acquired.
F. The approved access and tracking control shall be constructed.
G. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
H. The applicant shall submit a Floodplain Development Permit.
The applicant shall address the requirements of the Weld County Office of
Emergency Management, as stated in the referral response, dated
September 26, 2024. Written evidence of such shall be submitted to the
Weld County Department of Planning Services.
J. The applicant shall submit an Alta survey showing the location of
subsurface utilities.
K. The applicant shall provide a copy of the executed Crossing Agreement
with the Burlington Northern Santa Fe (BNSF) railroad.
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L. The applicant shall address the requirements of the State of Colorado
Division of Water Resources, as stated in the referral response, dated
May 31, 2024. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
M. The applicant shall address the requirements of the Public Service
Company of Colorado, as stated in the referral response, dated May 29,
2024. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
5. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of October, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUN O
ATTEST: ..Ao) G1 t, %�_ ---J (AYE)
G e.C Key Ross, Chair
Weld County Clerk to the Board
(AYE)
BY. lkitAl Perry C L. Byj ic, Pro-Tem
Deputy Clerk to the Board (NAY)
AP `:VED ORM: (AYE)
mey "" i% � AYE
.
Ill 8 1z14 Saine
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MAGNUM FEEDYARD CO.., LLC,
C/O TAELOR SOLAR 1, LLC
USR24-0014
1 Site Specific Development Plan and Use by Special Review Permit, USR24-0014, is for
the construction of a 1041 Major Facility of a Public Utility, including a Solar Energy Facility
(SEF) (solar arrays) with a generating capacity up to 650 megawatt AC; a Battery Energy
Storage Facility planned for 650 MWh with a possible increase to up to 1,300 MWh; a
substation (constructed and owned by the applicant) to interconnect the project to the high
voltage transmission system; an operations area, including an operations and
maintenance building, possible water storage, materials storage and parking; an on -site
communication system (communication lines); Meteorological Stations (approximately 15
feet high, on posts); up to seven (7) construction trailers and ten (10) conex containers
during construction and up to four (4) conex containers, post construction, for parts
storage, outside of subdivisions and historic townsites in the A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right, pursuant to Section 23-8-10 of
the Weld County Code.
3. The property owner or operator shall provide written evidence to the Department of
Planning Services of an approved Emergency Response Plan on, or before, March 15th
of any given year, signed by representatives for the Fire District and the Weld County
Office of Emergency Management.
4. The property owner or operator shall maintain compliance with the Emergency Response
Plan.
5. Any future structures or uses onsite must obtain the appropriate Zoning and Building
Permits.
6. The facility is unmanned and will operate year-round, according to the application
materials. Limited maintenance personnel may visit the site, once operational.
7 Height limitation. Ground -mounted solar collectors shall not exceed 25 feet in height,
measured from the highest grade below each solar panel, to the highest extent of the solar
panel rotation, per Section 23-4-1030.C.1 of the Weld County Code, as amended.
8. Glare. A SEF shall be designed, located or placed so that concentrated solar glare from
its solar collectors will not be directed toward, or onto, nearby properties or roadways, at
any time of the day, per Section 23-4-1030.C.2 of the Weld County Code, as amended.
9. Setbacks. The Improved Area of the SEF shall conform to the setback requirements of the
underlying zone. Additionally, the improved area must be at least 2,000 feet from existing
residential buildings and residential lots of a platted subdivision or planned unit
development. The residential setback requirement may be reduced if appropriate
screening, through landscape or an opaque fence, is installed, or upon submittal to Weld
County, of a waiver or informed consent, signed by the residence owner, agreeing to the
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lesser setback. If landscaping or opaque fencing is substituted for setback, a Landscaping
Plan or Fencing Plan shall first be submitted to, and approved by, the Department of
Planning Services, per Section 23-4-1030.C.3 of the Weld County Code, as amended.
10. Dust mitigation. The operators of the SEF shall continuously employ the practices for
control of fugitive dust detailed in the accepted Dust Mitigation Plan, per
Section 23-4-1030.C.4 of the Weld County Code, as amended.
11. Underground cables. All electrical cables on the improved area shall be buried, except for
direct current string wires that connect between solar collectors, and direct current
collection circuits between rows of solar arrays that are no more than four (4) feet above
grade crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts,
where necessary, per Section 23-4-1030.C.5 of the Weld County Code, as amended.
12. Fencing. The SEF shall be enclosed with a security fence as approved pursuant to the
Fencing Plan shown heron. Appropriate signage shall be placed upon such fencing that
warns the public of the high voltage therein, per Section 23-4-1030.C.6 of the Weld County
Code. All signs shall adhere to the adopted Weld County Sign Code, as amended.
13. Stormwater management. The Operator of the SEF shall comply with the approved Final
Drainage Report and the required Storm Drainage Criteria, pursuant to Chapter 8,
Article XI of the Weld County Code. Ground -mounted solar collector systems shall be
exempt from impervious surface calculations if the soil under the collectors is designated
hydrologic A or B soil groups by the Natural Resources Conservation Service (NRCS), per
Section 23-4-1030.C.7 of the Weld County Code, as amended.
14. Access Permit. Prior to construction of the SEF, the applicant shall apply for, and obtain,
an approved Access Permit from the Weld County Department of Planning, pursuant to
the provisions of Chapter 8, Article XIV, per Section 23-4-1030.C.8 of the Weld County
Code, as amended.
15. Existing irrigation systems. The nature and location or expansion of the SEF must not
unreasonably interfere with any irrigation systems on, or adjacent to, the solar facility, per
Section 23-4-1030.C.9 of the Weld County Code, as amended.
16. Decommissioning. The site shall adhere to the accepted Decommissioning and
Reclamation Plan. Weld County shall have the right to draw upon the irrevocable standby
letter of credit, or other form of financial security, to pay for decommissioning in the event
that the holder has not commenced decommissioning/reclamation activities within 90 days
of the Board of County Commissioners' order or Resolution directing decommissioning
and reclamation.
17. The site shall be maintained in accordance with the accepted Property Maintenance Plan.
18. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
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19. Any landscaped areas shall be maintained by the owner/tenant of the property, including
landscaped areas within the adjacent right-of-way. Maintenance shall include, but not be
limited to, irrigating, mowing, pruning, removal of trash and weeds, and the replacement
of any required plantings, that become diseased, infested, or otherwise unhealthy, within
the growing season, or next calendar year, whichever occurs sooner.
20. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
21. The accesses to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
22. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
23. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way Use Permit, prior to commencement.
24. The property owner shall comply with all requirements provided in the executed
Improvements and Road Maintenance Agreement.
25. The Improvements and Road Maintenance Agreement for this site may be reviewed on
an annual basis, including a site visit and possible updates.
26. Access may be along unmaintained County right-of-way. Maintenance of such
right-of-way will not be the responsibility of Weld County.
27. 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.
28. Weld County is not responsible for the maintenance of on -site drainage related features.
29. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
30. 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, C.R.S. §30-20-100.5.
31. Waste materials shall be handled, stored, and disposed of 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 I of the Weld
County Code.
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32. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the facility.
33. Any On -site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS.
34. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. A permanent, adequate water supply shall be provided
for drinking and sanitary purposes, as necessary.
35. For employees or patrons onsite for less than two (2) consecutive hours a day, and two (2)
or less full-time employees on site, portable toilets and bottled water are acceptable.
Records of maintenance and proper disposal for portable toilets shall be retained on a
quarterly basis and available for review by the Weld County Department of Public Health
and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County,
contain hand sanitizers and be screened from existing adjacent residential properties and
public rights -of -way.
36. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
37. 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. 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, but not limited to, buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials.
38. 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.
39. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the
adjacent properties in accordance with the map. 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.
40. 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 structures shall conform to the requirements of the various codes
adopted at the time of permit application. Currently, the following have been adopted by
Weld County: 2018 International Codes, 2018 International Energy Conservation Code,
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2020 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, or an Open Hole Inspection shall be required. A Building Permit must be issued
prior to the start of construction.
41. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee
Programs.
42. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700,
as amended.
43. Construction office trailers and storage trailers and electrical services to the trailers are
subject to Building Permits, per Section 29-3-10 of the Weld County Code.
44. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
45. 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.
46. 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.
47. Construction or use, pursuant to approval of a Use by Special Review Permit, shall be
commenced within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of the Department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the applicant.
48. A Use by Special Review shall terminate when the Use is discontinued for a period of
five (5) 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 applicant
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 applicant, or when the Department of
Planning Services observes that the Use may have been terminated, the Planner shall
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send certified written notice to the applicant asking that the applicant request to vacate
the Use by Special Review Permit.
49. In such cases where the Use by Special Review has terminated but the applicant 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 applicant an
opportunity to request that the Use by Special Review Permit not be vacated, for good
cause shown. The applicant 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.
50. 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.
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