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Home My WebLink About20232873.tiffFrom: Melissa King To: Zach Brammer; brvsen Cc: Kim Ogle Subject: RE: Union Colony USR23-0023 Neighborhood meeting Date: Friday, September 1, 2023 11:11:00 AM Attachments: image001.pnq Good Morning Gentlemen, Thank you for taking my call. As we discussed USR23-0023 is not required to have stormwater detention based on the parcel soil type (Sec. 23-4-1030.B.1). Therefore, the resubmitted report and detention variance request will not be reviewed as they are not a Code required submittal. However, in the reconfiguration of the limits of the solar arrays, changes to existing stormwater management were proposed. These changes include the construction of an east west ditch, on the northern limits of the solar array, that discharges to the irrigation ditch that parallels CR 47. Per Sec. 8-11-40.G. of the Code, stormwater cannot be "outfalled" to an irrigation ditch without permission from the irrigation company. Therefore, a new concentrated outfall to the ditch would not be allowed. Consideration should be given to BMPs that would not result in concentrated flow to the irrigation ditch. As always, I am available if there are questions. Melissa Melissa J King, PE Development Review Engineer Department of Planning Services Weld County 1402 N 17th Ave Greeley, CO 80631 (970) 400-3762 LEADING WITH RESPONSIVE, INNOVATIVE AND COST EFFECTIVE SERVICES From: Kim Ogle <kogle@weld.gov> Sent: Saturday, August 26, 2023 11:49 AM To: Melissa King <mking@weld.gov> Subject: FW: Union Colony USR23-0023 Neighborhood meeting Updated drawings USR23-0023 Kim Ogle Principal Planner Weld County Planning Services 1402 N. 17th Avenue I Greeley 970.400.6100 Office 970.400.3549 Direct kogle@weld.gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Brysen Daughton <brysen@cloudbreakenergy.com> Sent: Friday, August 25, 2023 12:34 PM To: Kim Ogle <kogle@weld.gov> Cc: Zach Brammer <zach@cloudbreakenergy.com>; Chris Gathman <cgathman@weld.gov> Subject: Re: Union Colony USR23-0023 Neighborhood meeting Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Kim, Happy Friday! Please find the updated site plan and stormwater report attached for the Union Colony Solar Project (USR23-0023). After meeting with the Alles and their lawyer, we agreed to shift our panels away from their property line and include a wooden fence on the northern portion of the project area to screen the project. Please let me know if you have any questions. Thanks! -Brysen On Tue, Aug 22, 2023 at 11:49 AM Brysen Daughton <brysen@cloudbreakenergy.com>wrote: Please see the minutes attached for the Union Colony Solar Project neighborhood meeting. The sole attendee declined to sign in. Thanks, -Brysen Brysen Daughton (970) 425-3501 Project Developer brysen@cloudbreakenergv.com Cloudbreak Energy cloudbreakenergy.com Brysen Daughton Project Developer Cloudbreak Energy (970) 425-3501 brysen@cloudbreakenergy.com cloudbreakenergv.com MEMORANDUM TO: Kim Ogle, Planning Services FROM: Melissa J King, PE, Development Review DATE: June 22, 2023 SUBJECT: USR23-0023 SEF Union Colony (Brown) REVISED 7/26/23 The proposal has been reviewed 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 Site -Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. This project is north of and adjacent to CR 54 Freedom Parkway and is west of and adjacent to CR 47. Parcel number: 096123400007. Access is proposed onto CR 47. ACCESS Development Review has reviewed the application materials related to access. The applicant has proposed access onto CR 47. An access permit, for a location that meets the Minimum Access Spacing Criteria, shall be obtained for the proposed SEF. ACCESS Sec. 8-14-30. Table 1 Minimum Access Spacing Criteria (Feet Access Element Arterial Collector Local Distance between intersections Signalized 2,640 N/A N/A Unsignalized 1,320 1,320 330 Distance between accesses and intersections 660 660 330 Distance between access points 660 330 150 Distance between access points in subdivisions 660 330 75 Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We strongly encourage you to discuss your access location with Development Review prior to laying out your site plan. All "preliminarily approved" accesses are subject to change during the access permitting process. Per Sec. 24-8-40, when feasible, there shall be no net increase in the number of accesses to a public road. Minimum access spacing widths are shown in Weld County Code Sec. 8-14-30. Please refer to Chapter 8 of the Weld County Code for more information regarding access. ROADS AND RIGHTS -OF -WAY This portion of CR 54, also known as Freedom Parkway, is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial road, which requires 140 feet of right-of-way. The applicant shall delineate and label on the site map the future and existing right-of- way (along with the documents creating the existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1- 90, the required setback is measured from the future 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. CR 47 is a paved 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 site map the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1- 90, the required setback is measured from the future 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, Sec. 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.weldgov.com/departments/publicworks/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. TRAFFIC A recent traffic count (2023) of this portion of CR 47 counted 670 vpd with 29% trucks. Traffic information submitted with the application materials indicates that construction traffic will be 15 roundtrips per day of which 2 may be heavy duty trucks and that the operation traffic would be 4 vehicle roundtrips per year. No additional traffic information is needed. TRACKING CONTROL Tracking control is required to prevent tracking from the site onto public roadways. For access to paved roads, tracking control devices can be double cattle guards with 100 ft. of asphalt or 300 ft of asphalt. For access to gravel roads, tracking control devices must be either double cattle guards with 100 ft. 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. Tracking control for unmaintained public right-of-way is required just prior to entering publicly maintained roadways. A variance request for alternatives to the tracking control requirement can be submitted to Development Review for review and consideration. This site requires approved tracking control during construction. ROAD MAINTENANCE AGREEMENT (Construction) Development Review is requesting a Road Maintenance Agreement for Construction including, but not limited to, dust control and damage repair to specified haul routes. Improvements/Road Maintenance Agreement: An example agreement is available at: https://www.weldgov.com/Government/Departments/Planninq-and-Zoning/Development-Review . It will detail the approved haul routes and include a maintenance agreement for the haul routes. DRAINAGE REQUIREMENTS This area IS within an Urbanizing Drainage Area: Urbanizing Drainage Areas typically require detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 5 -year storm falling on the undeveloped site for URBANIZING areas. The applicant has submitted a drainage narrative in which the soils were shown to be NRCS Hydrologic Soil Group B. This soil type qualifies for a stormwater detention exception per Sec. 23-4-1030.B.1. No additional stormwater information is needed. Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from the property. CONDITIONS OF APPROVAL A. A Road Maintenance Agreement (Construction) is required at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes during construction. (Development Review) B. The USR map shall be amended to delineate the following: 1. CR 54 is a paved road and is designated on the Weld County Functional Classification Map as an arterial road which requires 140 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map the future and existing right-of-way (along with the documents creating the existing right-of-way) 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. CR 47 is a paved road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map the future and existing right-of-way (along with the documents creating the existing right-of-way) 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 an approvable access point and the usage type (Agriculture, Residential, Commercial/Industrial, or Oil and Gas). Development Review will review the access location as a part of the plan submittal. (Development Review) 4. Show and label the drainage flow arrows. (Development Review) GRADING PERMIT A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications are accepted after the planning process is complete (plan recorded). An Early Release Request Form may be entertained only after the applicant, Planning Department has 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 an Engineering representative from the Development Review for more information. A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575. 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) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. 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) 2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Development Review) 3. 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) 4. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement. (Development Review) 5. Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plan. (Development Review) 6. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) MEMORANDUM TO: Kim Ogle, Planning Services FROM: Melissa J King, PE, Development Review DATE: June 22, 2023 SUBJECT: USR23-0023 SEF Union Colony (Brown) The proposal has been reviewed 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 Site -Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. This project is north of and adjacent to CR 54 Freedom Parkway and is west of and adjacent to CR 47. Parcel number: 096123400007. Access is proposed onto CR 54 at an existing permitted access point: AP15-00231 Ag and AP16-00024 O&G. ACCESS Development Review has reviewed the application materials related to access. The proposed access for the SEF is onto CR 54 Freedom Parkway. This portion of CR 54 is controlled by the Freedom Parkway Access Control Plan. The proposed access location is called out in the Plan as N- 143. The call out states that the parcel has 6 access points that should be consolidated and states that this specific point has safety/site distance concerns. Compliance with this Plan is required prior to the County's issuance of an access permit for a point onto CR 54. The Plan can be found at the following link: https://www.weld.gov/Government/Departments/Public-Works/Transportation-Planning/Access-Control- Plans/WCR-54-ACP An access permit shall be obtained for the proposed SEF. Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We strongly encourage you to discuss your access location with Development Review prior to laying out your site plan. All "preliminarily approved" accesses are subject to change during the access permitting process. Per Sec. 24-8-40, when feasible, there shall be no net increase in the number of accesses to a public road. Minimum access spacing widths are shown in Weld County Code Sec. 8-14-30. Please refer to Chapter 8 of the Weld County Code for more information regarding access. ROADS AND RIGHTS -OF -WAY This portion of CR 54, also known as Freedom Parkway, is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial road, which requires 140 feet of right-of-way. The applicant shall delineate and label on the site map the future and existing right-of- way (along with the documents creating the existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1- 90, the required setback is measured from the future 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. CR 47 is a paved 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 site map the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1- 90, the required setback is measured from the future 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, Sec. 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.weldgov.com/departments/publicworks/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. TRAFFIC A recent traffic count (2023) of this portion of CR 54 counted 1,682 vpd with 22% trucks. Traffic information submitted with the application materials indicates that construction traffic will be 15 roundtrips per day of which 2 may be heavy duty trucks and that the operation traffic would be 4 vehicle roundtrips per year. No additional traffic information is needed. TRACKING CONTROL Tracking control is required to prevent tracking from the site onto public roadways. For access to paved roads, tracking control devices can be double cattle guards with 100 ft. of asphalt or 300 ft of asphalt. For access to gravel roads, tracking control devices must be either double cattle guards with 100 ft. 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. Tracking control for unmaintained public right-of-way is required just prior to entering publicly maintained roadways. A variance request for alternatives to the tracking control requirement can be submitted to Development Review for review and consideration. This site requires approved tracking control during construction. ROAD MAINTENANCE AGREEMENT (Construction) Development Review is requesting a Road Maintenance Agreement for Construction including, but not limited to, dust control and damage repair to specified haul routes. Improvements/Road Maintenance Agreement: An example agreement is available at: https://www.weldgov.com/Government/Departments/Planning-and-Zoning/Development-Review . It will detail the approved haul routes and include a maintenance agreement for the haul routes. DRAINAGE REQUIREMENTS This area IS within an Urbanizing Drainage Area: Urbanizing Drainage Areas typically require detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 5 -year storm falling on the undeveloped site for URBANIZING areas. The applicant has submitted a drainage narrative in which the soils were shown to be NRCS Hydrologic Soil Group B. This soil type qualifies for a stormwater detention exception per Sec. 23-4-1030.B.1. No additional stormwater information is needed. Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from the property. CONDITIONS OF APPROVAL A. A Road Maintenance Agreement (Construction) is required at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes during construction. (Development Review) B. The USR map shall be amended to delineate the following: 1. CR 54 is a paved road and is designated on the Weld County Functional Classification Map as an arterial road which requires 140 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map the future and existing right-of-way (along with the documents creating the existing right-of-way) 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. CR 47 is a paved road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map the future and existing right-of-way (along with the documents creating the existing right-of-way) 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 an approvable access point and the usage type(s) (Agriculture, Residential, Commercial/Industrial, or Oil and Gas). Development Review will review the access location as a part of the plan submittal. (Development Review) 4. Show and label the drainage flow arrows. (Development Review) GRADING PERMIT A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications are accepted after the planning process is complete (plan recorded). An Early Release Request Form may be entertained only after the applicant, Planning Department has 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 an Engineering representative from the Development Review for more information. A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575. 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) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. 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) 2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Development Review) 3. 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) 4. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement. (Development Review) 5. Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plan. (Development Review) 6. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) Weld County Department of Public Health and Environment Memorandum To: Kim Ogle From: Lauren Light, Environmental Health Services Date: June 22, 2023 Re: USR23-0023 Applicant: Thomas and Marjorie Brown c/o CBEP Solar 27, LLC Environmental Health Services has reviewed this Site -Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility outside of subdivisions and historic townsites in the A (Agricultural) Zone District. As no employees will be located at the site, permanent water and sewer is not required. Screened portable toilets, hand washing units and bottled water can be utilized during construction. A dust abatement plan was submitted which indicates water will be used during construction and revegetation or chemical methods will be utilized during operation. A noise study was completed by TRC Companies, and it was determined that based on typical solar energy facility equipment, it is expected that the noise levels from the project facility will comply with the Weld County Noise Ordinance and state statute requirements. Environmental Health Services recommends the following requirements are incorporated into the permit as development standards: 1. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. During construction, no permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. 3. During construction, waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6410 weldhealth.org Public Health Weld County Department of Public Health and Environment other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. 4. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction and operation of the facility. 5. During construction, adequate toilet facilities and handwashing units shall be provided. Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers, be screened from public view, and removed when construction is completed. 6. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit requirements as stipulated by the Air Pollution Control Division, Colorado Department of Public Health and Environment, as applicable. 7. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S. 8. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6410 weldhealth.org Public Health Weld County Oil & Gas Energy Department Referral Comments Referring Agency: Weld County Department of Planning Services Reference Number: USR23-0023 Associated Parcel: 096123400007-R8947307 OGED Reviewer: Jennifer Teeters Review Date: June 22, 2023 The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to comment on the captioned planning case. Staff has completed review of the proposal and have no conflicts with the proposed activity. We have included additional comments below: 1. There are no active or proposed 1041 WOGLA Permits on the associated parcel. There are several oil and gas well sites in the area surrounding the parcel. 2. The parcel includes eight (8) active oil and gas wells, listed in Table 1 below. OGED requests that the Applicant coordinate operations in proximity to existing wells and production facilities with the operator(s) of these wells. API Operator Well Title Well Status 05-123-42661 PDC Energy Inc Brown #23P-201 PR 05-123-42681 PDC Energy Inc Brown #23P-321 PR 05-123-42657 PDC Energy Inc Brown #23P-221 PR 05-123-42659 PDC Energy Inc Brown #23D-341 SI 05-123-42660 PDC Energy Inc Brown #23D-201 PR 05-123-42656 PDC Energy Inc Brown #23D-421 PR 05-123-42658 PDC Energy Inc Brown #23X-341 PR 05-123-42655 PDC Energy Inc Brown #23X-241 SI 3. The parcel includes two (2) plugged and abandoned (PA) wells and one (1) abandoned location (AL) listed in Table 2 below. Additional information regarding these plugged and abandoned wells is available from the Colorado Oil and Gas Conservation Commission (COGCC). OGED recommends that the Applicant review this information and contact the responsible operator regarding well infrastructure that may have been abandoned in place prior to conducting operations in proximity to the wells. API Operator Well Title Well Status 05-123-20441 PDC Energy Inc Brown #23-43 PA 05-123-12656 PDC Energy Inc Brown #1-23 PA 05-123-12687 Rock Oil Corp Lillie #1-23 AL 4. The USR lands may include additional oil and gas related infrastructure, such as off -location flowlines or pipeline which are a use by right and not regulated by Weld County. OGED requests that the applicant reviews flowline data available from the COGCC map viewer and utilize Colorado 811 prior to any excavation activities. These comments and recommendations are based upon the review of the application materials submitted by the applicant and other relevant information available on the E -Permit site. Submit by Email Weld County Referral June 13, 2023 The Weld County Department of Planning Services has received the following item for review: Applicant Michael Boulter Farms, LLC Case Number USR23-0019 Qo CBEP Solar 26, LLC Please Reply By: July 11, 2023 Planner Kim Ogle Project: A Site Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District Parcel Number 10551430003044475806 Legal: LOT D REC EXEMPT RE -4420; BEING PART SW4 SECTION 14, T4N, R65W of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to County Road 44; East of and adjacent to County Road 45. 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. is We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature r WEGt GREELEY CONSERVATION DISTRICT Agency DateV0kO LO1zP3 Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 West Greeley Conservation District (970) 356-8097 Below is a list of the soils and their limitations according to the USDA. Weld County Soil Survey. Symbol Map Soil Name Soil Texture I Shallow Excavations Dwe0 without ings Dwellings basements with Small Commercial Septic Absorption � Tank Prime Land Farm ' if Additional Comments 4 Aquolls Flooded I Severe Severe Severe Severe Severe No 50 Otero Sandy Loam Slight Slight Slight Slight Slight No 70 Valent Sand Severe Slight Slight Slight No _ 72 Vona Loamy Sands Slight Slight Slight Slight Slight No 1 76 Vona Sandy Loam Slight Slight Slight Slight Slight Yes I . • The West Greeley contact our office Conservation at (970) District recommends that the 356-8097.1f you or the applicant applicant does an on have any questions please site soils feel test prior free to call to any construction. For a more complete soils description consult our office. the Weld County Soil Survey or WEST• Ey co N sERvA .., , . se r • i I' i DGREEL STR CT "; 1 a M - •-• 4 0 , 4 • sr.. 0, . , Produced by the West Greeley Conservation District Submit by Email Weld County Referral June 13, 2023 The Weld County Department of Planning Services has received the following item for review: Applicant: David Weinmeister, Case Number: USR23-0021 c/o CBEP Solar 30, LLC Please Reply By: July 11, 2023 Planner. Kim Ogle Project: A Site Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District Parcel Number 096124300036-R3990206 Legal: LOT B REC EXEMPT RE -4137; BEING PART S2SW4 SECTION 24, T5N, R65W of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to County Road 54, approximately 0.5 miles west of County Road 49. 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: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature GRE G - "VATION DISTRICT Agency Date JUly'U, Z013 Weld County Planning Dept. PO Box 758, Greeley, CO 80632 TeI:(970)-400-6100 Fax:(970)-304-6498 West Greeley Conservation District (970) 356-8097 Below is a list of the soils and their limitations according to the USDA, Weld County Soil Survey. Symbol Map Soil Name Soil I Texture Shallow Excavations L we without ings Dwellings basements with Small Commercial Septic Absorption Tank Prime Land Farm �; if Additional Comments 1 Altvan Loam Seven. Slight Yes 3 Aquolls I s Gravelly Substratum Severe Severe Severe Severe Severe No 22 Dacono Clay Loam Severe Slight Mode' at€ Severe Yes 41 Nunn Clay Loam '' . I. f .---- =: Severe Severe Severe Severe Yes 42 Nunn Clay Loam Severe Severe Severe Severe Yes -- -- a The West Greeley Conservation District contact our office at (970) 356-8097. recommends that If you or the applicant the applicant does have any questions an on please site soils feel test prior to any construction. For a more complete soils free to call our office. description consult the Weld County Soil Survey or WESTGR'c cY CO N S E R VA .,. 3/4...„, ..„,..,e.„ N ' , e f r r i DISTR . 4 t IC! ! ler N. L r� 14 _ ,.�.�w - fit. _♦ Airmi*: .. ak 4 air tart: i I. :..-.01 Produced by the West Greeley Conservation District Submit by Email Weld County Referral June 13, 2023 The Weld County Department of Planning Services has received the following item for review: Applicant Michael Morgan c/o CBEP Solar 15, LLC Case Number USR23-0022 Please Reply By: July 11, 2023 Planner Kim Ogle Project: Site Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District Parcel Number: 095930100046-R2931804 Legal: NE4 Section 30, TSN, R66W of the 6th P.M., Weld County, Colorado. Location: South of and adjacent to County Road 54, West of and adjacent to County Road 27 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: ■ We have reviewed the request and find no conflicts with our interests. See attached later. Date 30\15 1O ZaZ3 5Z GREELEY. CONSERVATION DISTRICT Agency Signature Weld County Planning Dept. FO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 West Greeley Conservation District (970) 356-8097 Below is a list of the soils and their limitations according to the USDA, Weld County Soil Survey.. Map Symbol Soil Name 32 Kim 33 Kim 47 Olney 48 Olney 53 Otero 79 Weld 80 Weld Soil Texture Loam Loam Fine Sandy Loam Fine Sandy Loam Sandy Loam Shallow Excavations Slight Dwellings Dwellings with Small without basements Commercial Slight Slight Slight Slight Slight Slight Slight Klocie13 Slight Slight Slight Septic Tank Prime Farm Absorption Land Of Slight Slight Slight Slight Slight Yes No Yes Additional Comments No Loam Slight Loam Slight Slight No Yes No 4 The West Greeley Conservation District recommends that the applicant does an on site soils test prior to any construction. For a more complete soils description consult the Weld County Soil Survey or contact our office at (970) 356-8097. If you or the applicant have any questions please feel free to call our office. WEST GREELEY CONSERVATI DISTRICT Produced by the West Greeley Conservation District Submit by Email Weld County Referral June 13, 2023 The Weld County Department of Planning Services has received the following item for review: Applicant Thomas & Marjorie Brown Case Number USR23--0023 c/o CBEP Solar 27, LLC Please Reply By: July 11, 2023 Planner Kim Ogle Project: Site Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District Parcel Number 096123400007-R8947307 Legal: S2SE4 SECTION 23, T5N, R65W of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to County Road 54; west of and adjacent to County Road 47. 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. • ■ e have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached, letter. Signature Agency C DEBT cREELEY. CONSERVATION DISTRICT Date37Il JO, Z!,6Z3 Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 West Greeley Conservation District (970) 356-8097 Below is a list of the soils and their limitations to the USDA, Weld County Soil Survey. according Map Shallow Dwellings Dwellings basements with Small Commercial Septic Absorption Tank Prime Land Farm if Additional Comments Symbol Soil Name Soli Texture Excavations without - 1 Altvan Loam Severe I Slight Yes . • The West Greeley Conservation contact our office at (970) District recommends 356.8097. If you or the applicant that the applicant have any does an on questions please site feel soils free test prior to call to any construction. For a more complete our office. soils description consult the Weld County Soil Survey or 11 me 'r w ST G R E y t ; `= r li Min • coN s RvATI , N • ,,,, . , . , ._ , ... 1 _ - -• 1 r -fi el a7414re ` "1 • - rI i Produced by the West Greeley Conservation District Submit by Email Weld County Referral June 13, 2023 The Weld County Department of Planning Services has received the following item for review: Applicant: Thomas & Marjorie Brown Case Number: USR23-0023 c/o CBEP Solar 27, LLC Please Reply By: July 11, 2023 Planner: Kim Ogle Project: Site Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District Parcel Number: 096123400007-R8947307 Legal: S2SE4 SECTION 23, TSN, R65W of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to County Road 54; west of and adjacent to County Road 47. 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. flWe have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: rlWe have reviewed the request and find no conflicts with our interests. nSee attached letter. Signature Date 7/10/23 Agency Union Ditch Company Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 Union Ditch Company Donna L. Coble, Secretary P.O. Box 445 3005 W. 29th Street, Suite G1 Greeley, CO 80632 Greeley, CO 80631 (970) 353-6121 (970) 353-9703 (fax) ditchoffice@unionditch.com July 10, 2023 Weld County Planning Dept. ATTN: Kim Ogle, Planner P.O. Box 758 Greeley, CO 80632 Re: Applicant: Thomas and Marjorie Brown Case Number: USR23-0023 Gentlemen: The Union Ditch Company Board of Directors reviewed the above project and has the following comments: 1. The fence needs to be constructed of all metal material for fire safety. The ditch is burned in the spring and there is concern with wood posts being located near the burn area. 2. Additional setback is needed for the fencing along the ditch. Where the ditch runs eastlwest along CR 54, the fence should be set back 20 feet from the north edge of the Brown cement ditch. Where the ditch runs north/south along CR 54 and CR 47, the fence should be set back 20 feet from the base of the ditch bank on the west side, to be measured from where the ditch levels out with the surrounding ground/field. A representative from Union Ditch Company should be present at the time these measurements are done. 3. The Union Ditch should be designated on all information and maps. 4. Additional detail is needed on the drainage plan. The water run-off rate from the site into the ditch cannot be greater than the historical rate due to ditch capacity restrictions. The concern is that the run-off rate may be increased with crops no longer being grown on this property, especially in a significant storm event. Yours very truly, Donna L. Coble Secretary From: Paulina Somosa Avalos <Paulina.SomosaAvalos@Greeleygov.com> Sent: Thursday, June 29, 2023 1:10 PM To: Kim Ogle <kogle@weld.gov> Subject: REF2023-0021/ USR23-0023 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. SENT VIA EMAIL ONLY May 25, 2023 Kim Ogle Weld County Planning and Zoning 1555 N 17th Avenue Greeley, CO 80631 kogle@weld.gov Re: Weld County Referral USR23-0023 Kim, Thank you for providing the City of Greeley the opportunity to review the above -mentioned project. The subject site is located outside of Greeley's Long Range Expected Growth Area (LREGA), the area in which the community anticipates annexation and urban development to occur in the future. We do not have any comments to contribute currently. All code sections are from the Greeley Development Code and from the City of Greeley Design Criteria and Construction Specifications, Volumes I, II, & III. Sections of the Code or Construction Specifications are shown in brackets as part of the review comments below. For additional information on the City Code or the Design Criteria, see the City of Greeley web site at the following location: Planning: https://www.municode.com/library/co/greeley/codes/municipal code Engineering: http://greeleygov.com/services/design-criteria-and-construction-specifications ORIGIN Map: http://gis3.greeleygov.com/Html5ORIGIN/?viewer=propertyfacts Please contact me with any questions you may have. Sincerely, Paulina Somosa Avalos, Planner I Paulina.SomosaAvalos@greeleygov.com City of Greeley Colorado Paulina Somosa Avalos Planner I Community Development I Planning Division 1100 10th Street Greeley, CO 80631 P: 970.336.4050 I Paulina.SomosaAvalos@greeleygov.com www.greeleygov.com Community Development -Planning Division • 1100 10th Street, Ste. 202, Greeley, CO 80631 • (970) 350-9780 Fax (97 0) 350-9800 A City Achieving Community Excellence From: Danna Ortiz <DOrtiz@KerseyGov.com> Sent: Monday, August 21, 2023 10:49 AM To: Kim Ogle <kogle@weld.gov> Cc: Christian Morgan <CMorgan@KerseyGov.com> Subject: Re: USR23-0023 Brown Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning Kim, We met with the Brown Family at their home on June 22, 2023. On July 12th, Cloud Break Energy Co -Founder Zach Brammer emailed us to inform us that he is not interested in annexing to Kersey. Let me know if you have any questions. Thank you, Danna Town Planner Town of Kersey 446 1st St. P.O. Box 657 Kersey, CO 80644 T: (970) 353-1681 Cell: (303) 884-4850 dortizkersevaov.com Sender and receiver should be mindful that all my incoming and outgoing emails may be subject to the Colorado Open Records Act, § 24-72-100.1, et seq. From: Kim Ogle <kogle@weld.gov> Sent: Monday, August 21, 2023 8:20 AM To: Danna Ortiz; Barb Brunk -E Cc: Christian Morgan Subject: USR23-0023 Brown Good morning, The Department of Planning Services respectively requests a summary of the discussion held between property owners Thomas and Marjorie Brown, 22509 County Road 54 concerning the request of the Town of Kersey to consider annexation of the Brown parcel associated with land use case USR23-0023 into the Town of Kersey. It is the understanding of this office that there was a meeting held on June 22, 2023. Your comments are most appreciated. Thank you Kim Ogle Principal Planner Weld County Planning Services 1402 N. 17th Avenue I Greeley 970.400.6100 Office 970.400.3549 Direct kogle@weld.gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. CLOUDBREAK CBEP SOLAR 27, LLC PO BOX 1255 STERLING, CO 80751 (970) 425-3175 INFO©CLOUDBREAKENERGY.COM ERGY.COM DATE: August 22, 2023 PROJECT: Union Colony Solar Project SUBJECT: Town of Kersey Annexation Weld County Department of Planning Services, On June 22, 2023, Cloudbreak Energy Partners, Thomas D. Brown, Marjorie A. Brown, and the Town of Kersey met to discuss the possible annexation of parcel #096123400007, which is located at 22509 County Road 54 in unincorporated Weld County. During this meeting, the Town of Kersey outlined the benefits associated with the annexation of the property. The Browns decided after this meeting that they were not interested in an annexation with the Town of Kersey. (970) 425-3175 I INFO©CLOUDBREAKENERGY.COM I CLOUDBREAKENERGY.COM Submit by Email Weld County Referral Y June 13, 2023 The Weld County Department of Planning Services has received the following item for review: Applicant: Thomas & Marjorie Brown Case Number: USR23-0023 c/o CBEP Solar 27, LLC Please Reply By: July 11, 2023 Planner: Kim Ogle Project: Site Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District Parcel Number: 096123400007-R8947307 Legal: S2SE4 SECTION 23, T5N, R65W of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to County Road 54; west of and adjacent to County Road 47. 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. F- P P We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: Kersey is interested in annexing this property We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Danna Ortiz Date June 13, 2023 Agency Town of Kersey Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 XcelEnergysM PUBLIC SERVICE COMPANY July 6, 2023 Weld County Planning Services 1555 North 17th Avenue Greeley, CO 80631 Attn: Kim Ogle Re: Union Colony Solar Project, Case # USR23-0023 Right of Way & Permits 1123 West 3rd Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303.571.3284 Donna.L.George@xcelenergy.com Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk has reviewed the documentation for Union Colony Solar Project. Please be aware PSCo owns and operates existing overhead electric distribution facilities along the south and east property lines. The property owner/developer/contractor must complete the application process for any new electric service, or modification to existing facilities via xcelenergy.com/InstallAndConnect. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details. For additional easements that may need to be acquired by separate document for new facilities (i.e. transformer), the Designer must contact a Right -of -Way and Permits Agent. 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. Donna George Right of Way and Permits Public Service Company of Colorado dba Xcel Energy Office: 303-571-3306 — Email: Donna.L.George@xcelenergy.com Aso June 15, 2023 COLORADO Division of Water Resources Department of Natural Resources Kim Ogle, Principal Planner Weld County Department of Planning Services Transmission via email: kogle@weld.gov Re: Planning Use by Special Review Permit Case Number: USR23-0023, Applicants: Thomas Et Marjorie Brown Part of the S 1/2 SE 1/4 of Sec. 23, Twp. 5N, Rng. 65W, 6th P.M., Weld County Water Division 1, Water District 2 Dear Kim Ogle: We have received your June 13, 2023 referral regarding the above -referenced Planning Use by Special Review Permit to allow a new solar project on a 79 -acre parcel located at 22543 County Road 54. This referral does not appear to qualify as a "subdivision" as defined in section 30-28-101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office will only perform a cursory review of the referral information and provide informal comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or physical availability of water. According to the referral information, the proposed drinking water supply source for the solar project construction team will be bottled water and water for dust control will be provided by an external source. A review of our records indicate well permit no. 12971 -RR is located on the subject property. Well permit no. 12971 -RR was issued as a replacement to the original well no. 12971-R and was decreed in case no. W0196 for irrigation purposes. As permitted, the well cannot be used for uses associated with the proposed solar project (such as dust control). So long as the water associated with the solar project is obtained by bottle water and/or an outside legal source, our office has no comments regarding the proposal. Please contact me at 303-866-3581 x8246 or at ioana.comaniciu@state.co.us with any questions. Sincerely, loana Comaniciu, P.E. Water Resources Engineer Ec: Referral no. 30792 Water well permit no. 12971 -RR file 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water Jared Polis, Governor I Dan Gibbs, Executive Director I Kevin G. Rein, State Engineer/Director Hello