HomeMy WebLinkAbout20242744.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR24-0012, FOR A 1041 MAJOR FACILITY OF A PUBLIC UTILITY,
INCLUDING AN 80 MEGAWATT AC SOLAR ENERGY FACILITY (SEF) ON
700 ACRES, A 20 MEGAWATT AC BESS (BATTERY ENERGY STORAGE SYSTEM),
A STEP-UP SUBSTATION, TRANSFORMER AND MAINTENANCE FACILITIES, AND
A 115KV ELECTRICAL LINE CONNECTION TO THE EXISTING SAND CREEK
SWITCHING STATION OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN
THE A (AGRICULTURAL) ZONE DISTRICT - JANUS SOLAR, 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 23rd 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 Janus Solar, LLC, 16730 Creek Bend Drive, Sugarland, Texas 77478, fora Site
Specific Development Plan and Use by Special Review Permit, USR24-0012, for a 1041 Major
Facility of a Public Utility, including an 80 megawatt AC Solar Energy Facility (SEF) on 700 acres,
a 20 megawatt AC BESS (Battery Energy Storage System), a step-up substation, transformer
and maintenance facilities, and a 115kV electrical line connection to the existing Sand Creek
Switching Station outside of subdivisions and historic townsites in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
The Solar Facility encumbers the W1/2 NW1/4 of
Section 30, Township 1 North, Range 62 West; the
SW1/4 of Section 24; the NE1/4 and the N1/2 SW1/4
of Section 25; and Lot B of Corrected Recorded
Exemption, RECX11-0028, located in part of the
NW1/4 of Section 25, Township 1 North,
Range 63 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Jeremy Call,
Logan Simpson, 213 Linden Street, Suite 300, Fort Collins, Colorado 80525, 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 of the Weld County Code as follows:
CG : PL (DE/NbJ /DA /14w/ KR/DA) CA(toi)
AS RCSO, APPL., APPL. REP
II/6/24
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A. Section 21-7-350.C.1 — The health, welfare, and safety of the citizens of
the County will be protected and served. Janus Solar, LLC (Janus), is a
1041 Solar Energy Facility (SEF) on 700 acres and will generate about
80 -megawatt AC (MWAC). The infrastructure includes racking equipment,
underground collection lines, a 20 -megawatt AC (MWAC) Battery Energy
Storage System (BESS), a step-up substation, transformer and
maintenance facilities, and a 115kV interconnecting transmission line
(approximately 0.2 miles in length) to connect to the existing Sand Creek
Substation.
The 700 acres is generally located between County Road (CR) 71 and
CR 75 and between CR 4 and CR 8, which is a remote area of the County.
There are five (5) affected properties that contribute to the 700 acres, no
buildings are identified on these properties, and there are multiple plugged
and abandoned oil and gas wells on the site. Apart from the creek beds,
the topography is generally flat and, according to the application materials,
the 700 acres consists of dryland agricultural, row crops, and rangeland,
and cultivated cropland, including sorghum and winter wheat, with a few
homesteads. A single-family residence is located approximately 400 feet
from the facility. The applicant intends to screen the solar panels from this
residence along the northern and eastern property lines. Four (4) letters of
support were submitted with the application materials.
The adjacent properties are zoned A (Agricultural), and the land uses
include pastures, crops and rural residences. Per Section 21-2-260, the
Department of Planning Services sent notice to the surrounding property
owners within 1,320 feet of the facility and the owners and lessees of the
mineral estate on, or under, the parcels. In total, 36 owners were notified.
The Department of Planning Services received 11 letters of objection. The
letters outline concerns about wildlife and the environment, the efficacy of
the junipers used for screening, decrease in property values, aesthetics,
"solar farm stigma", water runoff, leaching of hazardous materials, chemical
spills, toxic material release, dust, noise and vibration, increase in the traffic
noise from State Highway 79 due to crop removal, increased truck traffic
during construction, glint and glare, heat effects (microclimate),
electromagnetic interference, light pollution, conflicts with future land use
plans, psychological effects including stress and anxiety, change in quality
of life, lack of fencing, and sustainable farming. The applicant held a
neighborhood meeting at Weld Central High School on July 5, 2023, and
met with eight (8) surrounding property owners (SPOs). They met with a
ninth (9th) SPO one-on-one, at a later date. The Design Standards
(Section 23-2-240), Operation Standards (Section 23-2-250), Conditions of
Approval, and Development Standards ensure that there are adequate
provisions for the protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
B. Section 21-7-350.C.2 — The natural and socio-economic environment of
the County will be protected and enhanced. The Socioeconomic Impact
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and Community Benefit Report (Report), provided with the application
materials, stated the positive socioeconomic impacts include employment
opportunities during the short term (construction phase), as well as the
long-term (operational phase). These opportunities consist of direct
construction and maintenance jobs, in addition to indirect effects such as
supply chain purchases, construction in the form of grading, structural, and
electrical installations, as well as local building materials like gravel and
concrete, which support industries in logistics and other professional
services that are likely sourced locally. Solar projects contribute to fortifying
the local tax base through induced sales tax revenue and property taxes.
The solar market has exhibited substantial job growth from 2016 to 2021,
outpacing the overall U.S. economy's job growth by a factor of five (5),
amounting to a 44% increase. Over the decade from 2009 to 2019, major
technology corporations contracted extensive amounts of solar energy for
their operations and creating job opportunities. The solar industry features
a diverse workforce. The Report also estimated that the Janus Solar
Project, in combination with the Prospect Solar Project, will support 1,977
full-time equivalent, direct and indirect jobs, and produce nearly
$13,000,000.00 in projected property tax revenue. Economic output during
the 24 to 36 -month construction phase is estimated to be $171,955,000.00,
and $8,229,700.00 during the operating life of the Janus and Prospect
Solar Projects. During the construction period, the local economy may see
a small influx of dollars and a small increase in sales tax revenue.
Additionally, the local economy will be stimulated through employment of
Weld County's workforce. For example, the non -local workers will use local
hotels, motels, and other temporary housing, eat at local restaurants, and
shop at local businesses.
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. Janus is
located on 700 acres, generally located between CR 17 and CR 75 and
between CR 2 and CR 8. According to the application materials a larger
land area was initially studied and the 700 -acre final footprint was selected
because it offered advantages to the community and overall environment
while providing opportunities and circumstances favorable to solar and
BESS facilities, specifically:
1) Ample undeveloped flat land, with the ability to accommodate
various layouts of PV solar and the incorporation of appropriate
setbacks.
2) Existing transmission infrastructure less than 0.2 miles from the
property.
3) Augmenting, while sustaining for future landowners, current
unsustainable primary land use as indicated by the landowners.
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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. The
applicant submitted an Environmental Conservation Measures report with
the application materials, incorporating the comments of the Colorado
Parks and Wildlife (CPW) and the U.S. Fish and Wildlife (FWS), and it
states, in part, that the final layout of the solar arrays will avoid wetlands,
waterways, and sensitive species habitats. Additionally, the application
materials include an email, dated February 3, 2023, from the FWS that
stated they had reviewed the Janus solar project in Weld County and had
no concerns with the project resulting in impacts to species listed as
proposed, threatened, or endangered. They added they appreciated the
applicant's efforts to ensure the conservation of threatened and
endangered species. A letter dated May 17, 2023, from CPW, was also
submitted with the application materials and includes information about
incorporating one (1) or more north -south movement corridors for game,
recommendations for conducting pre -construction nesting surveys, and
requirements on fencing types. Incorporation of a wildlife corridor and
setbacks from sensitive habitat will minimize adverse effects to wildlife. The
U.S. Department of Energy, the Environmental Protection Agency, the
FWS 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 18, 2024,
indicating there are no 1041 WOGLA Permits on the subject properties and
there are two (2) plugged and abandoned oil and gas wells.
The Southeast Weld Conservation District's referral, dated August 13,
2024, included recommendations that the applicant conserve natural
resources through the implementation of a Revegetation and Soil
Conservation Plan, including, but not limited to, pre -planting grass seed,
installing hedgerows or windbreaks, and practicing soil conservation
measures.
Soil Type
Farmland Classification
Acres
Ascalon sandy loam, 5 to 9 percentPrime
slopes
farmland if irrigated and the product of I
(soil erodibility) x C (climate factor) does not38.7
exceed 60
Alcalon sandy loam, 3 to 5 percentPrime
slopes
farmland If irrigated and the product of I
(soil erodibility) X C (climate factor) does not0.0
exceed 60
Haverson loam, 1 to 3 percent slopes
Prime farmland if irrigated
38.3
Vona sandy loam, 3 to 5 percent slopes
Not prime farmland
0.1
Weld loam, 1 to 3 percent slopes,
Prime farmland if Irrigated
846.7
The application materials state that utilization of local resources within
Weld County will be minimal as Janus will not require services such as
water, sewer, or emergency services at a level typical of other land uses in
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the area. The Socioeconomic Impact and Community Benefit Report
submitted with the application materials stated that Janus will be a low
water -use development and that none of the proposed site will be irrigated.
However, the applicant is proposing screening in the form of Rocky
Mountain Juniper trees, which require 15,125 gallons of water, per week
during the first year of establishment, noting that the trees do not need to
be watered during the winter. Water for construction purposes, such as
concrete foundations and dust control, is generally covered via off -site
sources by a construction water provider and is appropriately sourced from
municipal or private sources. Finally, water will be required to clean the
solar panels to maintain energy output. The exact cleaning schedule is a
function of precipitation, dust, and other particulate settling on the panels.
To minimize cleaning, the neighboring roads will be treated with GMCO CS
products, a blend of liquid magnesium chloride and a complex sugar. The
product is for gravel road stabilization and dust control. This GMCO CS
reduces water consumption related to cleaning during the operation period.
Water for operational purposes would either be brought onsite or accessed
via an appropriately permitted water source at the site. The application
estimated the water need for the solar facility is 0.007 acre-feet, per year.
The Division of Water Resources indicated in their referral response, dated
July 3, 2024, that a copy of Well Permit No. 322682, was included in the
referral material. This permit was approved, pursuant to
C.R.S. §37-90-105, for a well on a tract of land of 160 acres, described as
the SW1/4 of Section 24, Township 1 North, Section 63 West of
the 6th P.M., Weld County. Water from this well may be used for domestic
purposes inside two (2) single-family dwellings, and the watering of four (4)
of the owner's own large, non-commercial, domestic animals (per
single-family dwelling), irrigation of 2,000 square -feet of lawn and garden
and the watering of livestock on range and pasture. As permitted, this well
cannot be used for the proposed solar facility unless the well is re -permitted
to operate, pursuant to a Determination of Water Rights and a
Replacement Plan, to be approved by the Groundwater Commission.
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 700 acres that comprise Janus are located in a remote
area of the County. There are 16 parcels within one -quarter (1/4) mile of
the site and one (1) of these parcels contains at least one (1) residence.
These residences are located east of CR 71 and is within 400 feet of the
SEF. The application materials include a Decommissioning and
Reclamation Plan, and a Dust and Weed Mitigation Plan. A siting analysis
was performed in order to identify potential adverse impacts. The siting
analysis reviewed visual impacts, wildlife resources, sensitive soils, and
wetlands and waterways. Effects of dust and noise were also considered
in separate reports. Visual impacts will be addressed through the
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installation of landscaping screens. The application materials included the
following reports: a Photosim Visual Impact Analysis, a Critical Issues
Analysis, a Technical Memorandum for the Protected Species Report, a
Dust and Weed Mitigation Plan, a Glare Study, a Socioeconomic and
Community Benefit Report, a Wetland and Waterbody Delineation Report,
an Environmental Conservation Measures Report, an Archaeology Class I
File Search, along with a Decommissioning and Reclamation Plan. The
visual impacts will be addressed through a Screening Plan. The 1041 USR
map depicts a triangular pattern of junipers between Janus and some of
the SPOs' properties. The operator will ensure that any dead or dying trees
will be replaced so that the screening will remain in place over the life of
the project. Additionally, a Development Standard has been added that
states the landscaping will be maintained and any plantings that are
diseased or dying shall be replaced within the growing season, or the next
calendar year, whichever occurs sooner. The operator will also water the
trees for one (1) year to ensure they are established.
Wildlife habitat and endangered wildlife species will not be significantly
impacted. The subject properties provide low to moderate habitat for
various federal and state listed species. Setbacks and wildlife corridors
have been established to preserve the natural resources and connect
habitats. The applicant corresponded with the FWS and the CPW
departments, prior to submitting the application, and it was determined that
Janus will not interfere, or disturb, habitat for listed and existing species.
A 250 to 500 -foot wildlife corridor has been incorporated into the design
plan. Localized soil stripping will be required for the inverters, substation,
and laydown yards. This topsoil, along with the soil from the stormwater
ponds, will be stockpiled onsite to form a four (4) -foot tall, eight (8) -foot
wide, 5,235 -foot -long berm that will be placed on the north and west
property boundary of the Jeffrey Erker property (Lot C of RE -4104, part of
the SE1/4 of Section 30, Township 1 North, Range 62 West). No soil
stripping is planned under panels or at the screw pile locations, unless
required to smooth out localized knolls and depressions, or to facilitate
appropriate stormwater runoff. Native plant seeding will be incorporated
between, and around, the solar arrays to restore the appearance of the site
and to promote the return of native species and pollinators. Drainage and
vegetation will be preserved and promoted throughout the site, with the
location of the solar arrays to be built around the existing Sand Creek and
West Sand Creek. Southeast Weld Conservation District returned a
referral, dated August 13, 2024, requesting a Revegetation Plan, after
construction, and to manage soil erosion during construction.
Noise and disruption related to construction include pile driving
at 89 - 95db(A) and equipment backup beeping (reverse warning sounds)
of 97-112 dBs(A). This noise will be temporary in nature and is not
anticipated to exceed maximum levels at the property boundary for
construction activities. Additionally, the transformers, inverters and fans on
the BESS create a humming noise that may be noticeable to nearby
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residents or wildlife. It is anticipated that this noise will not exceed the noise
regulations, as set forth by Weld County. Any debris produced during
construction will be promptly removed and disposed of properly by the
construction contractor. A Glint and Glare Analysis was submitted with the
application materials. The analysis reviewed the effects of the SEF on
nearby residences and on a privately owned landing strip near the site.
Worst -case scenario parameters were used for a conservative estimate.
Findings showed that with appropriate system settings, it is unlikely that
glare from the proposed solar project will be problematic in any manner for
the surrounding area and that this 1041 SEF would pass the Federal
Aviation Administration's 2021 policy regarding glint and glare effects to
commercial airports. A security fence will be constructed around the
perimeter of the project to prevent the public from entering the area. The
Decommissioning Plan states that the site will be returned to pre-existing
conditions within 12 months of operation cessation. Monitoring and site
restoration may extend beyond this period to ensure successful
revegetation and rehabilitation.
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. Janus is generally located between CR 71 and CR 75 and
between CR 2 and CR 8. 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 County Sheriff's Office and the Southeast Weld
Fire Protection District (SEWFPD). The Weld County Sheriffs Office
submitted a referral agency response, dated July 3, 2024, which stated
they had no concerns. The SEWFPD stated in their referral e-mail, dated
June 12, 2024, that the applicant will need to go through Plan Review/fees,
prior to, and during construction. Construction of the Janus project will
occur during daylight hours over a 24 to 36 -month construction period. If
construction activities continue past daylight, nighttime lighting would be
temporary and shielded. The application materials estimate that there will
be 300 workers at the project site, and possibly an additional 150 workers,
in case there are issues with the supply chain, the need to improve the
construction schedule, or multiple activities are happening at the same
time, that may require an increase in workforce. The additional 150 workers
may be needed for a short time. Construction will occur between the hours
of 6:30 a.m. and 3:30 p.m., Monday through Saturday. The traffic narrative
states there will be 300 daily trips of passenger vehicles, 15 daily water
trucks, and 15 daily trips of heavy-duty trucks. The volume of daily traffic,
of 660 trips, is expected to be the highest volume generated during the
construction of the solar facility. The application materials also state that
trips generated by the construction of the Prospect and Janus projects will
not have major impacts on the transportation patterns or the roads in the
area of the project site. During normal operation, the solar field and
substation may be accessed monthly by one (1) to two (2) workers, to
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conduct routine inspections or maintenance. These inspections may occur
over a few days. There will be no permanent cargo containers, with the
exception of the Operation and Maintenance container, which will be
installed in the project substation area.
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 submitted a referral agency response, dated June 11, 2024, which
stated they had no concerns. The SEWFPD stated in their referral e-mail,
dated June 12, 2024, that the applicant will need to go through Plan
Review/fees prior to, and during construction. The application materials
include an email summary, dated July 6, 2023, that outlines a discussion
between the SEWFPD and the applicant. The SEWFPD stated that a water
tank on the project site, which can be used by the Fire District in the area,
would be very helpful, and that the applicant should determine how much
water is needed for the projects and then determine what is available for
the fire department to use based on the size of the tank. They also stated
the fire department shall be allowed to enter at any time, using a Knox -box
key to open the gates, and that the project layout must respect the fire code
spacing regulations to allow enough space for fire trucks to turn. The
SEWFPD requested a Dust and Weed Mitigation Plan, which has been
included in the application materials. Weld County School District RE -3J
did not return a referral response.
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. The application materials state
that Janus is not anticipated to unduly interfere with existing canals, mineral
interests, easements, rights -of -way, or other utilities. Canals and other
irrigation channels will be considered with the construction phase of Janus
and that the irrigation pathways and ditches have been marked and
planned around within the site plan. The structures and channels will be
preserved on the property for possible future use of agriculture following
the decommissioning of the project. Additionally, according to the State of
Colorado Energy and Carbon Management Commission (ECMC) maps,
seven (7) well bore permits have been filed on the site. Janus is sited to
avoid existing oil and gas facilities and pipelines, surface use agreements,
and reasonably accommodates mineral access through appropriate
setbacks that have been incorporated into project design. The location of
the SEF is in a low oil and gas producing area in the County and all the
wells on properties have expired and there are no reports of production to
the ECMC. Mineral estate owners were identified through a list provided by
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the Weld County Clerk and Recorder. The applicant is communicating with
these owners to obtain Surface Use Agreements and will incorporate
mineral access locations in the USR map, as needed. The mineral owners
were notified of the public hearing for this 1041 application. The Weld
County Development Review referral agency comments, dated July 9,
2024, stated the existing CR 71 right-of-way and the proposed site plan
overlap. Specifically, the site plan includes development within the
right-of-way and the site plan needs to be reviewed and revised. Janus will
maintain minimal impact on usage of utilities during construction. A step-up
substation and a 115 kV connection to the sand creek substation are a part
of the Janus SEF.
Section 21-7-350.C.9 — Adequate utilities exist or shall be developed to
service the site, as necessary. Janus' demand for utilities is low and the
step-up substation and transformer will be constructed as part of the Janus
SEF. The Project will connect directly to the Sand Creek 115 kilovolt (kV)
Switching Station via a short (0.2 mile) 115 kV Generation Tie Line. Bottled
water will be used during construction and Janus will have no impacts on
vested water rights. Portable toilets are required the construction phase.
The State of Colorado Division of Water Resources returned a referral,
dated July 3, 2024. According to the information provided the water needed
for this project is 0.007 acre-feet/acre/year, for the solar facility. In addition,
water will be used for dust control during constructions, fire control and
Panel Washing and Maintenance. Estimates on the water demands for the
other uses were not provided. Also, it was indicated that the applicant had
secured sufficient water resources from a private water service provider
and the water for dust control may be supplied by outside service
companies as part of their spray mix system. Information on the water
source was not provided, therefore, they had no additional comments on
the project.
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. Janus is characterized as a
utility -scale SEF on 700 acres. The infrastructure required includes racking
equipment, underground collection lines, a 20 -megawatt AC (MWAC)
Battery Energy Storage System (BESS), a step-up substation, transformer
and maintenance facilities, and a 115kV interconnecting transmission line
to connect to a Sand Creek Substation. Janus' location, generally between
CR 71 and CR 75 and between CR 2 and CR 8, is a remote area. There
are three (3) USRs within one (1) mile of the exterior boundary of the SEF,
USR-1186 for 115 kV transmission lines; SUP -483 (USR-483) for a gravel
mine; and USR12-0039 for agricultural services. The adjacent land uses
include pastures, crops, vacant land, and some rural residences. Linear
infrastructure includes local, primarily gravel, roads, Sand Creek, and
associated unnamed tributaries travel through the subject properties.
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Permanent removal of the topsoil will be required for the inverters,
substation, and laydown yards. Impacts to native vegetation around the site
are expected to be minimal. Southeast Weld Conservation District returned
a referral dated August 13, 2024, requesting a Revegetation Plan after
construction, and to manage soil erosion during construction. CPW
submitted referral agency comments dated June 18, 2024, that included
information about incorporating one (1) or more north -south movement
corridors for game, recommendations for conducting pre -construction
nesting surveys, and requirements on fencing types. The application
materials included letters from both CPW and FWS. The applicant
submitted an Environmental Conservation Measures Report with the
application materials, incorporating the comments of CPW and the FWS,
which stated, in part, that the final layout of the solar arrays will avoid
wetlands, waterways, and sensitive species habitats. The U.S. Department
of Energy, the Environmental Protection Agency, the FWS, the U.S. Army
Corps of Engineers, History Colorado, and the State Historic Preservation
Office did not submit referral agency comments.
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. There
are no significant geologic hazards or geologic areas of importance. The
Colorado Geologic Survey did not return a referral agency response. The
prevalent natural hazard is flooding from Sand Creek and associated
unnamed tributaries that travel through the Janus SEF, south towards
Adams County. These creeks are usually dry; however, at times, they have
significant flows and high-water during storms evidenced by scoured creek
beds and a large box culvert installed by the Colorado Department of
Transportation (CDOT) under State Highway 79. Two of the subject parcels
are traversed by theses creeks. The referral agency comments from the
Weld County Floodplain Administrator, dated July 1, 2024, state that
although FEMA has not mapped the floodplains in this area it is evident
that portions of the 700 acres are in the floodplain and a Flood Hazard
Development Permit is required, prior to construction. Apart from the creek
beds the topography is gently rolling (somewhat flat) and, according to the
application materials, there is no irrigated prime land onsite. There are
five (5) total properties that contribute to the 700 acres and there is only
one (1) built structure, an equipment building. According to the application
materials, localized soil stripping will be required for the inverters,
substation, and laydown yards. This topsoil, along with the soil from the
stormwater ponds, will be stockpiled onsite to form a berm located on the
boundary with part of the W1/2 of Section 30, Township 1 North, Range 62
West (Parcel No. 147930000001). No soil stripping is planned under panels
or at the screw pile locations, unless required to smooth out localized knolls
and depressions, or to facilitate appropriate stormwater runoff. Drainage
and vegetation will be preserved and promoted throughout the site, with
site plans built around the existing Sand Creek and West Sand Creek. The
Southeast Weld Conservation District returned a referral, dated August 13,
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2024, requesting a Revegetation Plan after construction, and to manage
soil erosion during construction.
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 Weld County Floodplain Coordinator stated the solar
facility is to be located on, and/or in, the unmapped/unstudied, 100 -year
floodplain of Sand Creek, Lost Creek and associated unnamed tributaries
travel through the Janus SEF towards the south. These creeks are usually
dry; however, during storms events, they have significant flows and
high-water evidence by scoured creek beds and a large box culvert
installed by CDOT under State Highway 79. The southern limit of the study
areas does not imply that there is no 100 -year floodplain to the south, but
only that no additional studies in this area have been completed. Based on
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. Janus will
not impact hydrologic flow of surface water or groundwater, and it will not
affect groundwater recharge. Prior to construction, a Storm Water Permit
for Construction Activities will be acquired from the Colorado Department
of Public Health and Environment (CDPHE). Janus will include setbacks,
per state mandates, for all wells, active or abandoned, to ensure no
contamination or impacts to surface waterways or ground water. No
discharge of contaminants or other materials will occur to state waters as
a result of this project.
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. Sand Creek and associated unnamed
tributaries travel through the Janus SEF, south towards Adams County.
Janus's configuration will avoid these stream beds and any Waters of the
United States (WOTUS), and the final layout of the solar arrays will avoid
wetlands, waterways, and sensitive species habitats.
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. The 700 acres is generally located between
CR 71 and CR 75 and between CR 4 and CR 8. This is a remote area of
the County. There are five (5) affected properties that contribute to the 700
acres. Apart from the creek beds the topography is generally flat and,
according to the application materials, the 700 acres consist of cultivated
cropland, including sorghum and winter wheat, with a few homesteads.
Four (4) letters of support were submitted with the application materials.
The Southeast Weld Conservation District's referral, dated August 13,
2024, included recommendations that the applicant conserve natural
resources through the implementation of a Revegetation and Soil
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Conservation Plan, including, but not limited to, pre -planting grass seed,
installing hedgerows or windbreaks, and practicing soil conservation
measures. Grasses and other low -growth species will be seeded beneath
the panels to reduce soil erosion and the weeds will be managed. The loss
of natural resources will be negligible, and, at the time of decommissioning,
the land will be restored to its previous condition for future uses. Janus
reduces the negative impacts by avoiding sensitive environmental areas
like the creek beds and it does not produce hazardous waste.
Weeds will be managed by the following methods:
1) Planting native or desirable plant species for site colonization and
promoting healthy vegetation communities in reclaimed areas.
Preventing unnecessary ground disturbance through precise
planning of construction projects and other activities. Managing the
prompt revegetation of disturbed areas.
2) Mowing, pulling, disking, and plowing may be used on weedy
species for which these treatments are effective.
3) Introduce insects or other biologic agents, which are known to
inhibit or prevent reproduction of noxious weed species. If biological
agents are employed, control methods will be coordinated with the
Colorado Department of Agricultural Insectary in Palisade,
Colorado.
4) Application of appropriate herbicides by a licensed applicator. All
herbicides will be applied in accordance with the manufacturer's
label and in accordance with Colorado laws.
Janus will produce alternative energy that will help the state and local
communities achieve Colorado energy goals. Additionally, as previously
stated, the positive socioeconomic impacts include employment
opportunities during the short term (construction phase) as well as the
long-term (operational phase). These opportunities consist of direct
construction and maintenance jobs in addition to indirect effects such as
supply chain purchases, construction in the form of grading, structural, and
electrical installations, as well as local building materials like gravel and
concrete, which support industries in logistics and other professional
services that are likely sourced locally. Janus requires minimal
governmental services, and the installation of the SEF will supplement
landowner income.
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
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permit conditioned upon completion of the acquisition of such rights, prior
to issuance of a Building Permit by the County. According to the application
materials the necessary lease agreements have been obtained and
recorded with the Weld County Clerk and Recorder. Janus will obtain
Building Permits after the USR is recorded. Janus is in the process of
obtaining the necessary ditch agreements and County Road ROW Access
Permits. There are a large variety of permits that are required prior to
construction and operation. Some of these permits are a Weld County
Grading Permit, a Weld County Right -of -Way Permit, Air Pollutant
Emissions Notice (APEN), Dust Control Permit, CDPHE Colorado
Discharge Permit System (CDPS) Permit, CDOT permits, Overweight
Vehicle Permits and U.S. Environmental Protection Agency (USEPA) Spill
Prevention, Containment, and Countermeasures (SPCC) Plan. The Janus
Solar Facility will avoid the WOTUS.
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
Janus will not present an unreasonable risk of exposure to, or release of,
toxic or hazardous substances. The solar modules are composed solely of
solid materials, contain no cadmium, and a small amount of lead that is well
under Federal limits and much less than is found in a typical cell phone.
During operation, maintenance will generally include only inert substances
such as water for washing the panels. No fuel or raw materials will be stored
onsite during operations. During construction, fuel, raw materials,
equipment, and related items will be maintained, per a SPCC Plan. The
contractor will prepare and adhere to the SPCC Plan to ensure petroleum
products and hazardous materials are managed appropriately. Compliance
with USEPA Resource Conservation and Recovery Act (RCRA) laws
governing the proper management of solid and hazardous waste will be
closely followed for all waste disposals. The SPCC Plan will ensure that
liquids and gases used in construction will be contained and managed in
accordance with county, state, and federal requirements. The project will
also include the construction of a BESS. The BESS is lithium ion based
and is designed to meet the recommendations and requirements from local
authorities (i.e., SEWFPD) in regard to fire, safety, and noise. The project
and battery supplier will comply with USEPA regional chemical reporting
requirements for batteries and hazardous materials. The Weld County
Office of Emergency Management (OEM) submitted referral agency
comments, dated September 9, 2024, which stated Janus Solar, LLC, is
required to provide adequate training for first responders on the BESS
units. The applicant will need to work closely with the Chief of the SEWFPD
to ensure this training occurs.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Janus Solar, LLC, for a Site Specific Development Plan
and Use by Special Review Permit, USR24-0012, for a 1041 Major Facility of a Public Utility,
including an 80 megawatt AC Solar Energy Facility (SEF) on 700 acres, a 20 megawatt AC
(Battery Energy Storage System) BESS, a step-up substation, transformer and maintenance
facilities, and a 115kV electrical line connection to the existing Sand Creek Switching Station
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 acknowledge the comments of the Southeast Weld Fire
Protection District (SEWFPD), as stated in the referral response, dated
June 11, 2024. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
B. The applicant shall address the requirements of the Western Area Power
Administration (WAPA), as stated in the referral response, dated June 13,
2024. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
C. The applicant shall address the requirements of the Southeast Weld
Conservation District, as stated in the referral response, dated August 13,
2024. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
D. The applicant shall address the requirements of Tri-State, as stated in the
referral response, dated June 24, 2024. Written evidence of such shall be
submitted to the Weld County Department of Planning Services.
E. The applicant shall provide written evidence of permitted and viable water
sources for dust suppression and for fire tank waters associated with the
fire suppression system.
F. The applicant shall submit an Irrigation and Maintenance Plan detailing
how landscaping will be irrigated during initial planting and how
landscaping will be maintained going forward.
G. An Improvements and Road Maintenance Agreement is required for
up -front off -site improvements for the 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.
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I. A Final Traffic Study, stamped and signed by a Professional Engineer,
registered in the State of Colorado, is required.
J. The 1041 USR map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR24-0012.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 21-7-330.6
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.
7) The applicant shall show and label the location of the trash
collection areas, if applicable. Include specification details on the
USR map. Refer to Section 23-2-240.A.13 of the Weld County Code
for design criteria.
8) The map shall delineate the landscaping/screening that will be
located on the north and west side of Parcel No. 147725200005.
9) The applicant shall show and label the accepted Screening Plan.
10) The applicant shall delineate the trash collection areas on the map,
specific to the temporary construction laydown and staging areas.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
11) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 of the Weld County Code.
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12) 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 USR map. Refer to Section 23-2-250.D of the Weld
County Code for design criteria.
13) County Road 4 (east of County Road 73) is a gravel road and is
designated on the Weld County Functional Classification Map as a
local road, which requires 60 feet of right-of-way at full buildout. The
applicant shall delineate and label the existing right-of-way (along
with the creating documents) and the physical location of the road
on the USR map. All setbacks shall be measured from the edge of
the right-of-way. This road is maintained by Weld County.
14) South of County Road 8 for approximately 7,200 feet, County
Road 71 is a gravel road and is designated on the Weld County
Functional Classification Map as a local road, which requires 60 feet
of right-of-way at full buildout. The applicant shall delineate and
label 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 USR map. All setbacks shall be measured from the
edge of the right-of-way. This road is maintained by Weld County.
15) County Road 4 (west of County Road 73) is 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
USR map. The applicant shall show and label the section line
right-of-way as "COUNTY ROAD 4 Section Line Right -of -Way, Not
County Maintained." All setbacks shall be measured from the edge
of the right-of-way.
16) South of the maintained 7,200 feet, County Road 71 is
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 USR map. The applicant shall show and
label the section line right-of-way as "COUNTY ROAD 71 Section
Line Right -of -Way, Not County Maintained." All setbacks shall be
measured from the edge of the right-of-way.
17) The applicant shall show and label the proposed access location(s),
access width and the appropriate turning radii (65') on the USR
map. Development Review will review proposed access locations
during the USR map review. The applicant must obtain an Access
Permit in the approved location(s) prior to construction.
18) The applicant shall show and label the approved tracking control on
the USR map.
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19) 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.
20) 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.
21) The applicant shall show and label the drainage flow arrows.
22) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
23) 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
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. A Right -of -Way Use Permit shall be acquired, if applicable.
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C. The approved accesses shall be permitted and constructed, and the
tracking control shall be constructed.
D. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
E. The applicant shall obtain a Floodplain Development Permit.
F. Should construction operations require temporary fuel tanks for vehicles
and equipment, the applicant shall provide written evidence that the fuel
tanks are appropriately permitted through the Colorado Department of
Labor and Employment, Division of Oil and Public Safety. Written evidence
of such shall be submitted to the Weld County Department of Planning
Services.
G. The applicant shall address the requirements of the Weld County Office of
Emergency Management, as stated in their referral response dated
September 9, 2024. Written evidence of such shall be provided to the
Department of Planning Services.
H. The applicant shall address the requirements of the State of Colorado
Division of Water Resources, as stated in the referral response, dated
July 3, 2024. Written evidence of such shall be submitted to the Weld
County Department of Planning Services
I. The applicant shall submit an Alta Survey showing the location of
subsurface utilities.
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of October, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COL-9��DO
ATTEST:
Weld County Clerk to the Board
BY: bdOLA
Deputy Clerk to the Board
ney
ICI
Date of signature:
(AYE)
Kevin D. Ross, Chair
ac'd
erry`L. B b , Pro-Tem
(AYE)
(NAY)
(AYE)
(AYE)
2024-2744
PL2925
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JANUS SOLAR, LLC
USR24-0012
1. Site Specific Development Plan and Use by Special Review Permit, USR24-0012, is for
a 1041 Major Facility of a Public Utility, including an 80 megawatt AC Solar Energy
Facility (SEF) on 700 acres, a 20 megawatt AC (Battery Energy Storage System) BESS,
a step-up substation, transformer and maintenance facilities, and a 115kV electrical line
connection to the existing Sand Creek Switching Station 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 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, to the
Department of Planning Services.
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 500 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
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.
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DEVELOPMENT STANDARDS (USR24-0012) - JANUS SOLAR, LLC
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10. Dust mitigation. The operators of the SEF shall continuously employ the practices for
control of fugitive dust detailed in their 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, or 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.
19. 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, which
shall be replaced within the growing season, or next calendar year, whichever occurs
sooner.
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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.
32. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the facility.
33. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) Permit
requirements, as stipulated by the Air Pollution Control Division of the Colorado
Department of Public Health and Environment, as applicable.
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34. Any On -site Wastewater Treatment System located on the property must comply with all
provisions of the Weld County Code, pertaining to On -site Wastewater Treatment
Systems.
35. 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.
36. For employees or patrons on site for less than two (2) consecutive hours a day, and two (2)
or less full-time employees onsite, 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.
37. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
38. 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.
39. 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.
40. 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.
41. 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,
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
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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.
42. 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.
43. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700,
as amended.
44. 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.
45. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
46. 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.
47. 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.
48. Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within five (5) 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.
49. A Use by Special Review shall terminate when the Use is discontinued for a period of
three (3) consecutive years, the Use of the land changes or the time period established
by the Board of County Commissioners through the approval process expires. The
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
send certified written notice to the applicant asking that the applicant request to vacate
the Use by Special Review Permit.
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50. 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.
51. 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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