HomeMy WebLinkAbout20242761.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR24-0013, FOR A 1041 MAJOR FACILITY OF A PUBLIC UTILITY,
INCLUDING A 199 MEGAWATT AC SOLAR ENERGY FACILITY (SEF)
ON 1,500 ACRES, A 100 MEGAWATT AC BESS (BATTERY ENERGY STORAGE
SYSTEM), A STEP-UP SUBSTATION, TRANSFORMER AND MAINTENANCE
FACILITIES, AND A 230KV INTERCONNECTING TRANSMISSION LINE TO
CONNECT TO A NEW TRI-STATE SWITCHING STATION, OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - PROSPECT 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 Prospect Solar, LLC, 16730 Creek Bend Drive, Sugarland, Texas 77478, for a
Site Specific Development Plan and Use by Special Review Permit, USR24-0013, for
a 1041 Major Facility of a Public Utility, including a 199 megawatt AC Solar Energy Facility (SEF)
on 1,500 acres, a 100 megawatt AC BESS (Battery Energy Storage System), a step-up
substation, transformer and maintenance facilities, and a 230kV interconnecting transmission line
to connect to a new Tri-State 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 E1/2 NW1/4,
the SW1/4, and the NE1/4 of Section 30,
Township 1 North, Range 62 West; the SE1/4 and
the S1/2 SW1/4 of Section 25; the SE1/4 of
Section 26; all of Section 35; and Lot B of
Corrected Recorded Exemption, RE -1445, located
in part of the NE1/4 of Section 34, all located in
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.
cc:pL(OE /PAW /DA/MHI/KR/DA) CA(KM) 2024-2761
ASR(sG), APPL., APPL. REP. PL2926
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SPECIAL REVIEW PERMIT (USR24-0013) - PROSPECT SOLAR, LLC
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2. The applicant has demonstrated that the request is in conformance with
Section 21-7-350.C of the Weld County Code as follows:
A. Section 21-7-350.C.1 — The health, safety, and welfare of the citizens of
the County will be protected and served. Prospect Solar, LLC (Prospect) is
a 1041 Solar Energy Facility (SEF) on 1,500 acres. The SEF will generate
about 199 megawatt AC (MWAC). The infrastructure includes racking
equipment, underground collection lines, a 100 -megawatt AC (MWAC)
BESS, a step-up substation, transformer and maintenance facilities, and a
230kV interconnecting transmission line to connect to a new Tri-State
Switching Station. The 1,500 acres is generally located between County
Road (CR) 67 and CR 75 and between CR 2 and CR 6, which is a remote
area of the County. There are seven (7) affected properties that contribute
to the 1,500 acres and there is only one (1) built structure, an equipment
building. Apart from the creek beds the topography is generally flat and
the 1,500 acres consist of undeveloped land along with cultivated cropland,
including sorghum and winter wheat. 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 (SPOs) with 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.
Public outreach included individual neighbor meetings, a neighbor open
house, and a project website (https://prospectandjanussolar.com/). The
neighbor open house meeting was held on July 5, 2023, at Weld Central
High School, and hosted landowners, tenants, and neighbors
within 1,000 feet of the site, as well as community partners from across the
region. Eight (8) SPOs attended and discussed their concerns with the
application, and the applicant met with a ninth (9th) SPO, one-on-one, at a
later date. The goal for the meeting was to share information with, and hear
feedback from, neighbors and local community, so these concerns could
be factored into how Prospect proceeds forward. Follow-up notifications
regarding the project were sent in August to ensure that all neighbors had
a chance to review the project and have their concerns addressed prior to
application submittal. The submittal to the County included mitigation action
for aesthetics (visual), wildlife, soils (erosion), dust, noise, and wetlands
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and waterways. Section E outlines some of these mitigation measures. 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 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
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 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, creating job opportunities. The solar industry features a diverse
workforce. The Report also states it is estimated the Prospect solar project,
in combination with the Janus 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. Prospect
is located on 1,500 acres, generally located between CR 67 and CR 75 and
between CR 2 and CR 6. According to the application materials, a larger
land area was initially studied, and the 1,500 -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.
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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.
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), which
stated, in part, that the final layout of the solar arrays will avoid wetlands,
waterways, and sensitive species habitats. Additionally, the application
materials included an email, dated February 3, 2023, from FWS that stated
they had reviewed the Prospect 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 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. CPW also submitted referral agency comments, dated June 18,
2024, re -iterating the same information. 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, which indicated there are no 1041
WOGLA Permits on the subject properties, but there are several oil and
gas encumbrances near the subject properties.
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. The following table lists the soils categories on the site. About
35 acres are considered Farmland of Statewide Importance.
Soil Type
Farmland Classification
Acres
Ascalon sandy loam, low and
moderate slopes
Prime farmland if irrigated and the product of I
(soil erodibility) x C (climate factor) does not
exceed 60
376.8
Ascalon sandy loam, high slopes,
Farmland of statewide importance
3.9
Colby loam, low slopes,
Prime farmland if irrigated
6.7
Colby-Adena loams, severe slopes,
Not prime farmland
1.3
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Haverson loam, low and moderate
slopes,
Prime farmland if irrigated
227.8
Nunn loam, low slope
Prime farmland if irrigated
53.7
Olney fine sandy loam, low slope
Prime farmland if irrigated and the product of I
(soil erodibility) x C (climate factor) does not
exceed 60
123.7
Olney fine sandy loam, severe
slopes,
Farmland of statewide importance
31.5
Vona sandy loam, severe slopes
Not prime farmland
38.5
Weld loam, low and moderate slopes
Prime farmland if irrigated
671.4
Ellicott-Glenberg complex, low slopes
Occasionally flooded
23.1
The application materials state that utilization of local resources within
Weld County will be minimal as Prospect will not require services such as
water, sewer service, or emergency services at a level typical of other land
uses in the area. The Socioeconomic Impact and Community Benefit
Report submitted with the application materials stated Prospect 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. The 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 State of Colorado Division of Water Resources (DWR) in their referral
agency comments, dated July 3, 2024, stated 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 160 -acre tract
land, 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. Prospect contacted
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the DWR to discuss the status of the well. Prospect is proposing to submit
the appropriate documentation to the DWR to re -permit the well; however,
in the meantime, Mr. Madole (the current owner of the well) will continue to
utilize the well for its current purposes. There is a Condition of Approval
that the well be re -permitted for use by the fire district, prior to recording
the map. The well will be used to fill the on -site water tank for panel cleaning
and fire suppression. Prospect provided the SEWFPD with the project
layout and water tank specs on July 14, 2023, and Oct 11, 2023. The South
East Weld Fire Protection District (SEWFPD) provided referral comments,
dated June 11, 2024, which stated the applicant is required to go through
SEWFPD's process of plan review/fees and inspections prior to
construction. 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 1,500 acres that comprise Prospect are located in a
remote area of the County. There are 28 parcels within one -quarter (1/4)
mile of the site, and ten (10) of these parcels contain at least one (1)
residence. These residences are primarily located west of CR 71, with
one (1) residence located east of CR 73. No residences are within 500 feet
of the SEF. 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 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 along State Highway 79
and between Prospect and some of the SPOs' properties. This juniper
screening will be placed: 1) along the east and west side of State
Highway 79, from CR 4 extending south for one-half (1/2) mile along State
Highway 79; 2) along the south side of CR 4 for about one -quarter (1/4) of
a mile extending west from State Highway 79; 3) and along the adjacent
property boundary of the Davis Residence (Corrected Lot A of RE -1445,
part of the NE1/4 of Section 34, Township 1 North, Range 63 West). The
Jeff Erker property (Lot C of RE -4104, part of the SE1/4 of Section 30,
Township 1 North, Range 62 West) will be surrounded by a (4) -foot tall,
eight (8) -foot wide, 5,235 -foot long berm that will be placed along with the
juniper trees, along the top of the berm. The operator will ensure that any
dead or dying trees will be replaced so that the screening will remain in
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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 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 CPW prior to
submitting the application and it was determined that Prospect 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. Drainage
patterns, flow rates, and runoff water quality will not be impacted by the
solar facility components. Installation of water quality or detention facilities
will be implemented in accordance with the project's Drainage Report.
Appropriate temporary, construction -related erosion and sedimentation
control "Best Management Practices" (BMPs) will be applied during the
construction phase of the project. The BMPs will be inspected on a regular
basis to ensure proper functionality. Prospect will mitigate the basins and
re-establish native vegetation to reduce run-off and potentially mitigate
flooding risks around the immediate area. A Floodplain Development
Permit is required, per the referral comments from the Weld County
Floodplain Administrator, dated July 9, 2024. The Dust Abatement Plan will
control the air pollution that will occur due to construction traffic and
grading. Dust mitigation includes actions like moistening the soil, spraying
the roads with a dust suppressant or binder (magnesium chloride and lignin
mixture), monitoring for fugitive dust, creating buffers between the
neighboring properties, and post construction re -vegetation of disturbed
areas with a county approved seed mix. Vehicle tracking devices will be
installed at truck exit drives. The speed of the vehicles will be five (5) mph
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or less, to minimize dust emissions. The site is generally flat and only spot
grading is anticipated, which will reduce the amount of dust. Operators shall
continuously employ the dust mitigation practices in order to control fugitive
dust. Prospect will generally be controlled remotely from the operator and
local utility central control centers. During normal operation, the solar field
and substation may be accessed by the operator and utility personnel to
conduct routine inspections or maintenance, with limited dust creation and
negligible effects to local roadways. Operations and maintenance work is
typically done monthly and lasts only a few days, not requiring a full-time
presence of more than one (1) to two (2) workers.
Noise and disruption related to construction include pile driving at
89-95 db(A) and equipment backup beeping (reverse warning sounds) of
97-112 db(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 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 was reviewed the effects of the solar energy facility
on nearby residences and on a privately owned landing strip near the site.
Worst -case scenario parameters were used for a conservative estimate.
Findings show 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 Solar Energy Facility 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. Prospect is generally located between CR 67 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 SEWFPD. The
Weld County Sheriffs Office submitted a referral agency response, dated
June 11, 2024, which stated that they had no concerns, and the applicant
has been in communication with SEWFPD to discuss the source and
access to water in the event of an emergency. The DWR, in their referral
agency comments, dated July 3, 2024, stated a copy of Well
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Permit No. 322682, was included in the referral material. The 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.
Prospect contacted the DWR to discuss the status of the well. Prospect is
proposing to submit the appropriate documentation to the DWR to re -permit
the well; however, in the meantime, Mr. Madole (the current owner of the
well) will continue to utilize the well for its current purposes. There is a
Condition of Approval that this well be re -permitted for use by the fire district
prior to recording the map. The well will be used to fill the on -site water tank
for panel cleaning and fire suppression. Prospect provided the SEWFPD
with the project layout and water tank specs on July 14, 2023, and Oct 11,
2023. The SEWFPD provided referral comments dated June 11, 2024,
which stated that the applicant is required to go through SEWFPD's
process of plan review/fees and inspections prior to construction.
Construction of the Prospect site will occur during daylight hours over the
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 300-450 workers at the site.
Construction will occur between the hours of 6:30 a.m. and 3:30 p.m.,
Monday through Saturday. The traffic narrative states that there will be 300
daily trips of passenger vehicles, 15 daily water trucks, and 15 daily trips of
heavy-duty trucks. This volume of daily traffic of 660 trips is expected to be
the highest volume generated during 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 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 Operations 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
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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 have no concerns, and the applicant has been in
communication with the SEWFPD to discuss the source and access to
water in the event of an emergency. 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
projects 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. The SEWFPD also stated
that 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. The SEWFPD submitted referral
agency comments, dated June 11, 2024, stating the applicant will be
required to go through the SEWFPD's process of plan review, fees, and
inspections prior to, and during construction. 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 Prospect is not anticipated to unduly interfere with existing canals,
mineral interests, easements, ROWs, or other utilities. Canals and other
irrigation channels will be considered with construction phase of Prospect
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. Prospect 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
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. The Weld County
Development Review referral agency comments, dated July 9, 2024, state
that Prospect solar panels are proposed to be installed in/on the existing
CR 71 right-of-way (ROW). The proposal is required to be revised to
remove these panels from the ROW. Development Review's referral
expressed no concerns with the roads in the area. The referral agency
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comments from Tri-State, dated June 24, 2024, indicated that the switching
station will need to be larger than two (2) acres, as proposed. Tri-State
typically requires ten (10) to 15 acres for a switching station. Tri-State also
has concerns with the proposed project schedule, stating that operation of
the facility is proposed for Summer of 2026, but execution of a Large
Generator Interconnection Agreement (LGIA), procurement of switches
and other materials, and 1041 permitting for a switching station will not be
feasible by 2026. Finally, Tri-State indicated that the application materials
state that Tri-State will permit, operate, and build a short 0.1 -mile long
overhead 230kV gen-tie line. However, the referral agency comments
stated Tri-State will not build the developer's gen-tie line. Tri-State would
build the lines to connect their switching station to the existing line, but the
line to connect the generation facility to the last span outside of the
switching station will need to be permitted and built by the developer. In an
email dated June 28, 2024, the applicant indicated they would connect via
a short 0.1 mile gen-tie from the project substation to a new 230 kV
switching station that will be permitted, built, and operated by Tri-state at
the approximate co-ordinates of 40° 1'9.60"N, 104°23'42.11"W. The
applicant also discussed Tri-State's concerns about the size of the
switching station and provided an updated map showing the larger
acreage. Prospect will maintain minimal impact on usage of utilities during
construction. The substation and switchyard are a part of the Prospect
SEF.
Section 21-7-350.C.9 — Adequate utilities exist or shall be developed to
service the site, as necessary. Prospect's demand for utilities is low and
the substation and switchyard will be constructed as part of the Prospect
SEF. Additionally, Prospect will connect via a short 0.1 -mile gen-tie from
the project substation to a new 230 kV switching station that will be
permitted, built, and operated by Tri-state at the approximate co-ordinates
of 40° 1'9.60"N, 104°23'42.11"W. Bottled water will be used during
construction and Prospect will have no impacts on vested water rights.
Portable toilets are required during the construction phase. The DWR
returned a referral, dated July 3, 2024, which stated a copy of Well Permit
No. 322682 was included in the referral material. The 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, the well
cannot be used for the proposed solar facility, unless it is re -permitted to
operate, pursuant to a Determination of Water Rights and a Replacement
Plan, to be approved by the Groundwater Commission.
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
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adversely affect any endangered wildlife species, unique natural resource
or historic landmark within the impact area. Prospect is characterized as a
utility -scale SEF on 1,500 acres. The infrastructure required includes
racking equipment, underground collection lines, a 100 -megawatt AC
(MWAC) BESS, a step-up substation, transformer and maintenance
facilities, and a 230kV interconnecting transmission line to connect to a new
Tri-State Switching Station. Prospect's location, generally located between
CR 67 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 State Highway 79 and local, primarily gravel, roads.
Lost Creek, Sand Creek, West Sand Creek, and associated unnamed
tributaries travel through the subject properties. 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. Pivot irrigation was historically conducted
utilizing leased water rights on a Corrected Lot B of RE -1445, part of the
NE1/4 of Section 34, Township 1 North, Range 63 West (Parcel No.
147734000020). Upon permit approval, these rights will transfer back to
the original tenant. No additional irrigated prime agricultural land exists on
the subject properties. 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, and History Colorado, 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 Lost Creek, Sand Creek, West
Sand Creek, and associated unnamed tributaries that travel through the
Prospect 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
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Highway 79. Two (2) of the subject parcels are traversed by theses creeks.
The referral agency comments from the Weld County Floodplain
Administrator, dated July 1, 2024, stated that although FEMA has not
mapped the floodplains in this area it is evident that portions of the 1,500
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,
160 acres of the 1,500 acres are irrigated crop (sorghum and winter wheat)
and the remainder is undeveloped land. There are seven (7) total
properties that contribute to the 1,500 acres and there is only one (1) built
structure, an equipment building. 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 Parcel No. 147930000001, being part of the
W1/2 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. Drainage and vegetation will be preserved and
promoted throughout the site, with site plans 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.
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 application materials included a Wetland and
Waterbody Delineation Report, dated October 2022, that stated there are
six (6) acres identified in the National Wetlands Inventory (NWI) of wetlands
and three (3) waterbodies, Sand Creek, West Sand Creek, and an
unnamed tributary to Sand Creek, that total 1.4 linear miles. The wetlands
and the waterbodies overlap. Sand Creek is the one (1) water body that is
potentially jurisdictional. No jurisdictional wetlands were identified. Lost
Creek, Sand Creek, West Sand Creek, and associated unnamed tributaries
travel through the Prospect SEF, south towards Adams County. These
creeks are usually dry; however, during storm events they have significant
flows and high-water, evidenced by scoured creek beds and a large box
culvert installed by the Colorado Department of Transportation (CDOT)
under State Highway 79. Two (2) of the subject parcels are traversed by
theses creeks. The referral agency comments from the Weld County
Floodplain Administrator, dated July 1, 2024, stated that although FEMA
has not mapped the floodplains in this are it is evident that portions of the
1,500 acres are in the floodplain and a Flood Hazard Development Permit
is required prior to construction. The U.S. Army Corps of Engineers did not
submit a referral agency response. Prospect 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 need to be acquired from the Colorado Department of Public
Health and Environment (CDPHE). Prospect will include setbacks, per
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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. Lost Creek, Sand Creek, West Sand Creek,
and associated unnamed tributaries travel through the Prospect SEF,
south towards Adams County. Prospect's configuration will avoid these
stream beds and any Waters of the United States (WOTUS), and the final
layout of the solar arrays will also avoid wetlands 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 1,500 acres is generally located between
CR 67 and CR 75 and between CR 2 and CR 8. This is a remote area of
the County. There are seven (7) affected properties that contribute to the
1,500 acres and there is only one (1) built structure, an equipment building.
Apart from the creek beds the topography is generally flat and the 1,500
acres consist of undeveloped land along with cultivated cropland, including
sorghum and winter wheat. 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. 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. Prospect 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.
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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.
Prospect 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. Prospect 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
permit conditioned upon completion of the acquisition of such rights prior
to issuance of a Building Permit by Weld County. According to the
application materials the necessary lease agreements have been obtained
and recorded with the Weld County Clerk and Recorder. Prospect will
obtain Building Permits after the USR is recorded. Prospect is in the
process of obtaining the necessary ditch agreements and County Road
ROW Access Permits. According to the Critical Issues Analysis submitted
with the application materials, the permits required prior to construction and
operation include, but are not limited to, a Weld County Grading Permit, a
Weld County Right -of -Way Permit, Weld County Building Permits, CDPHE
Colorado Pollutant Discharge Elimination System (CPDES) Permit, CDOT
Access Permits, and U.S. Environmental Protection Agency (USEPA) Spill
Prevention, Containment, and Countermeasures (SPCC) Plan, U.S. Army
Corp of Engineers Nationwide for work in the wetlands . Prospect will avoid
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
Prospect will not present an unreasonable risk of exposure to, or release
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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. 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 that petroleum products and hazardous materials
are managed appropriately. Compliance with USEPA Resource
Conservation and Recovery Act 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) regarding 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 the operators of Prospect are
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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Prospect Solar, LLC, for a Site Specific Development
Plan and Use by Special Review Permit, USR24-0013, for a 1041 Major Facility of a Public Utility,
including a 199 megawatt AC Solar Energy Facility (SEF) on 1,500 acres, a 100 megawatt AC
BESS (Battery Energy Storage System), a step-up substation, transformer and maintenance
facilities, and a 230kV interconnecting transmission line to connect to a new Tri-State 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 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.
B. 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.
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C. 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.
D. The applicant shall acknowledge the requirements of Public Service
Company of Colorado, as stated in the referral response, dated June 12,
2024. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
E. The applicant shall address the requirements of the Public Service
Company of Colorado, as stated in the referral response, dated June 12,
2024. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
F The applicant shall address the requirements of the Colorado Department
of Transportation, as stated in the referral response, dated July 18, 2024.
Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
G. The applicant shall address the requirements of the Southeast Weld Fire
Protection District, 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.
H. The applicant shall provide written evidence of a permitted and viable water
source for dust suppression and for fire tank water associated with the fire
suppression system.
I. A revised site plan, that does not show development within the
unmaintained right-of-way for County Road 71 and that shows access
points onto maintained roadways, shall be submitted.
J. An Improvements and Road Maintenance Agreement is required for
up -front off -site improvements for this site. Road maintenance includes, but
is not limited to, dust control and damage repair to specified haul routes.
The Agreement shall include provisions addressing engineering
requirements, submission of collateral, and testing and approval of
completed improvements.
K. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer, registered in the State of Colorado, is
required.
L. A Final Traffic Study, stamped and signed by a Professional Engineer,
registered in the State of Colorado, is required.
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M. The 1041 USR map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR24-0013.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 21-7-330.B
of the Weld County Code.
4) The applicant shall show and label the required setbacks, in
accordance with Section 23-4-1030.C.3 of the Weld County Code.
5) The applicant shall show and label any existing and proposed solar
facility installations and electrical equipment, power lines,
structures, temporary work trailers, storage containers (limited to
five [5], per Section 23-3-30.B of the Weld County Code), storage
areas and miscellaneous improvements, as applicable. Clearly
indicate which items are temporary for use during construction and
which items are permanent.
6) The applicant shall show and label the required fencing, gates and
any emergency and site identification signage, in accordance with
Section 23-2-240.A.12 and Section 23-4-1030.C.6 of the Weld
County Code. Include fence and sign specification details on the
map. Refer to the Weld County Sign Code, as amended.
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 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.
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) 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.
13) 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.
14) County Road 4 (west of County Road 73) is an 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.
15) 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.
16) 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.
17) The applicant shall show and label the approved tracking control on
the USR map.
18) 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.
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19) 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.
20) The applicant shall show and label the drainage flow arrows.
21) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
22) 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.B.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.
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.
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F The applicant shall address the requirements of the Weld County Office of
Emergency Management, as stated in the referral response, dated
September 9, 2024. Written evidence of such shall be submitted to the
Weld County Department of Planning Services.
G. 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.
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.
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, OLORAD•
ATTEST: `�.�� (.1 X44.
Weld County Clerk to the Board
1,UDt�t W i (k -
Deputy Clerk to the Board
APP aVED
County Aorney
Date of signature: `l/(4I
Z
O
Kevin D. Ross, Chair
Perry L. B
k, Pro-Tem
(AYE)
(AYE)
(NAY)
reeman
t K. James
Lori Saine
(AYE)
(AYE)
2024-2761
PL2926
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PROSPECT SOLAR, LLC
USR24-0013
1. Site Specific Development Plan and Use by Special Review Permit, USR24-0013, is for a
1041 Major Facility of a Public Utility, including a 199 megawatt AC Solar Energy Facility
(SEF) on 1,500 acres, a 100 megawatt AC BESS (Battery Energy Storage System), a
step-up substation, transformer and maintenance facilities, and a 230kV interconnecting
transmission line to connect to a new Tri-State Switching Station, outside of subdivisions
and historic townsites in the A (Agricultural) Zone District, subject to the Development
Standards stated hereon.
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 to the Department of Planning Services on, or before, March 15th of any
given year, signed by representatives for the Fire District and the Weld County Office of
Emergency Management.
4. The property owner or operator shall maintain compliance with the Emergency Response
Plan.
5. Any future structures or uses onsite must obtain the appropriate Zoning and Building
Permits.
6. The facility is unmanned and will operate year-round, according to the application
materials. Limited maintenance personnel may visit the site, once operational.
7 Height limitation. Ground -mounted solar collectors shall not exceed 25 feet in height,
measured from the highest grade below each solar panel, to the highest extent of the solar
panel rotation, per Section 23-4-1030.C.1 of the Weld County Code, as amended.
8. Glare. A SEF shall be designed, located or placed so that concentrated solar glare from
its solar collectors will not be directed toward, or onto, nearby properties or roadways, at
any time of the day, per Section 23-4-1030.C.2 of the Weld County Code, as amended.
9. Setbacks. The Improved Area of the SEF shall conform to the setback requirements of the
underlying zone. Additionally, the improved area must be at least 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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10. Dust mitigation. The operators of the SEF shall continuously employ the practices for
control of fugitive dust, detailed in the accepted Dust Mitigation Plan, per
Section 23-4-1030.C.4 of the Weld County Code, as amended.
11. Underground cables. All electrical cables on the improved area shall be buried, except for
direct current string wires that connect between solar collectors, and direct current
collection circuits between rows of solar arrays that are no more than four (4) feet above
grade crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts,
where necessary, per Section 23-4-1030.C.5 of the Weld County Code, as amended.
12. Fencing. The SEF shall be enclosed with a security fence, as approved, pursuant to the
Fencing Plan shown heron. Appropriate signage shall be placed upon such fencing that
warns the public of the high voltage therein, per Section 23-4-1030.C.6 of the Weld County
Code. All signs shall adhere to the adopted Weld County Sign Code, as amended.
13. Stormwater management. The Operator of the SEF shall comply with the approved Final
Drainage Report and the required Storm Drainage Criteria, pursuant to Chapter 8,
Article XI of the Weld County Code. Ground -mounted solar collector systems shall be
exempt from impervious surface calculations if the soil under the collectors is designated
hydrologic A or B soil groups by the Natural Resources Conservation Service (NRCS), per
Section 23-4-1030.C.7 of the Weld County Code, as amended.
14. Access Permit. Prior to construction of the SEF, the applicant shall apply for, and obtain,
an approved Access Permit from the Weld County Department of Planning, pursuant to
the provisions of Chapter 8, Article XIV, per Section 23-4-1030.C.8 of the Weld County
Code, as amended.
15. Existing irrigation systems. The nature and location or expansion of the SEF must not
unreasonably interfere with any irrigation systems on, or adjacent to, the solar facility, per
Section 23-4-1030.C.9 of the Weld County Code, as amended.
16. Decommissioning. The site shall adhere to the accepted Decommissioning and
Reclamation Plan. Weld County shall have the right to draw upon the irrevocable standby
letter of credit, or other form of financial security, to pay for decommissioning in the event
that the holder has not commenced decommissioning/reclamation activities within 90 days
of the Board of County Commissioners' order or Resolution directing decommissioning
and reclamation.
17. The site shall be maintained in accordance with the accepted Property Maintenance Plan.
18. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
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 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 on site, portable toilets and bottled water are acceptable.
Records of maintenance and proper disposal for portable toilets shall be retained on a
quarterly basis and available for review by the Weld County Department of Public Health
and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County,
contain hand sanitizers and be screened from existing adjacent residential properties and
public rights -of -way.
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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