HomeMy WebLinkAbout20240891.tiffMEMORANDUM
TO: Molly Wright, Planning Services
FROM: Melissa J King, PE, Development Review
DATE: January 4, 2024
SUBJECT: USR23-0045 PDC Energy Inc
The proposal has been reviewed on behalf of the Weld County Department of Public Works and the
Department of Planning and Zoning. Staff comments made during this phase of the application process
may not be all-inclusive, as other issues may arise during the remaining application process.
COMMENTS
GENERAL PROJECT INFORMATION/LOCATION
Project description: USR FOR 5MW SOLAR FACILITY.
This project is north of and adjacent to CR 36, west of and adjacent to CR 33, and east of and
adjacent to CR 31.
Parcel number: 12110340001 Lot D RECX12-0003.
Access is proposed onto CR 36 - AP12-00097 Residential.
ACCESS
Development Review has reviewed the application materials related to access.
The proposed access for the SEF is onto CR36 at an existing, permitted access point AP12-00097. The
applicant shall complete any required upgrades to this access point as it will become a commercial access.
An access permit for commercial use shall be obtained for this location.
Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We
strongly encourage you to discuss your access location with Development Review prior to laying out your
site plan. All "preliminarily approved" accesses are subject to change during the access permitting process.
Per Sec. 24-8-40, when feasible, there shall be no net increase in the number of accesses to a public road.
Minimum access spacing widths are shown in Weld County Code Sec. 8-14-30. Please refer to Chapter 8
of the Weld County Code for more information regarding access.
ROADS AND RIGHTS -OF -WAY
CR 31 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance
2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate and label on the site
map the future and existing right-of-way (along with the documents creating the existing right-of-way) and the
physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition
of setback in the Weld County Code, Sec. 23-1- 90, the required setback is measured from the future right-of-way
line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld
County.
CR 33 is a gravel road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate
and label on the site map the future and existing right-of-way (along with the documents creating the
existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be
dedicated. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1- 90, the required
setback is measured from the future right-of-way line. Be aware that physical roadways may not be
centered in the right-of-way. This road is maintained by Weld County.
CR 36 is a gravel road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate
and label on the site map the future and existing right-of-way (along with the documents creating the existing
right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated.
Pursuant to the definition of setback in the Weld County Code, Sec. 23-1- 90, the required setback is
measured from the future right-of-way line. Be aware that physical roadways may not be centered in the
right-of-way. This road is maintained by Weld County.
Per, Sec. 8-13-30.B, a Weld County Right -of -Way Use Permit is required for any project that will be
occupying, constructing or excavating facilities within, and/or encroaching upon, any County rights -of -way
or easement. Right -of -Way Use Permit instructions and application can be found at
https://www.weldgov.com/departments/publicworks/permits/.
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way.
TRAFFIC
There are no recent traffic counts for this portion of CR 36.
No traffic report was found in the application materials.
Submit a traffic report that not only details the operational traffic but the construction traffic, as well. This
report shall be signed and stamped by a professional engineer licensed in the State of Colorado.
TRACKING CONTROL
Tracking control is required to prevent tracking from the site onto public roadways. For access to paved
roads, tracking control devices can be double cattle guards with 100 ft. of asphalt or 300 ft of asphalt. For
access to gravel roads, tracking control devices must be either double cattle guards with 100 ft. of road
base, or road base on all driving surfaces. Temporary Tracking Control shall be used during construction
unless permanent tracking control is installed ahead of construction activities. Recycled concrete is not
allowed in County right-of-way. Tracking control for unmaintained public right-of-way is required just prior
to entering publicly maintained roadways. A variance request for alternatives to the tracking control
requirement can be submitted to Development Review for review and consideration.
This site requires approved tracking control during construction.
ROAD MAINTENANCE AGREEMENT (Construction)
Development Review is requesting a Road Maintenance Agreement for Construction including, but not
limited to, dust control and damage repair to specified haul routes.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldgov.com/Government/Departments/Planning-and-Zoning/Development-Review .
It will detail the approved haul routes and include a maintenance agreement for the haul routes.
DRAINAGE REQUIREMENTS
This area IS within a Non -Urbanizing Drainage Area: Non -Urbanizing Drainage Areas typically require
detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained
water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped site for NON -
URBANIZING areas.
The application materials include information to prove that the site soils are NRCS Type B. Therefore, this
site meets a drainage detention exception per Sec. 23-4-1030.B.
No additional information is needed at this time.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
CONDITIONS OF APPROVAL
A. A Road Maintenance Agreement (Construction) is required at this location. Road maintenance
includes, but is not limited to, dust control and damage repair to specified haul routes during
construction. (Development Review)
B. A Final Traffic Report, stamped and signed by a Professional Engineer registered in the State
of Colorado is required. (Development Review)
C. The USR map shall be amended to delineate the following:
1. CR 31 is a gravel road and is designated on the Weld County Functional Classification Map as a
local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and
label on the site map the future and existing right-of-way (along with the documents creating the
existing right-of-way) and the physical location of the road. All setbacks shall be measured from
the edge of right-of-way. This road is maintained by Weld County. (Development Review)
2. CR 33 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 on the site map the future and existing right-of-way (along with the documents creating the
existing right-of-way) and the physical location of the road. All setbacks shall be measured from
the edge of right-of-way. This road is maintained by Weld County. (Development Review)
3. CR 36 is a gravel road and is designated on the Weld County Functional Classification Map as a
local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and
label on the site map the future and existing right-of-way (along with the documents creating the
existing right-of-way) and the physical location of the road. All setbacks shall be measured from
the edge of right-of-way. This road is maintained by Weld County. (Development Review)
4. Show and label the existing, permitted access points onto CR 31, CR 33, and CR 36, and the usage
type(s) (Agriculture, Residential, Commercial/Industrial, or Oil and Gas). Development Review will
review the access design as a part of the plan submittal. (Development Review)
5. Show and label the drainage flow arrows. (Development Review)
GRADING PERMIT
A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications
are accepted after the planning process is complete (plan recorded). An Early Release Request Form may
be entertained only after the applicant, Planning Department has reviewed the referral and surrounding
property owner comments. The Early Release Request may or may not be granted depending on referral
comments and surrounding property owner concerns. Contact an Engineering representative from the
Development Review for more information.
A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact:
Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575.
Prior to Construction:
A. The approved tracking control shall be constructed prior to on -site construction.
(Development Review)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Development Review)
3. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Development Review)
4. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
5. Prior to the release of building permits, the applicant shall be required to submit a complete access
application for a commercial access as shown on this plan. (Development Review)
6. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
Weld County
Department of Public Health and Environment
Memorandum
To: Molly Wright
From: Lauren Light, Environmental Health Services
Date: January 9, 2024
Re: USR23-0045 Applicant: PDC Energy Inc.
Environmental Health Services has reviewed this Site -Specific Development Plan and Use by
Special Review Permit for a 5 MW Solar Energy Facility (SEF) in the A (Agricultural) Zone
District.
As no employees will be located at the site, permanent water and sewer is not required.
Screened portable toilets, hand washing units and bottled water can be utilized during
construction. A dust abatement plan was submitted which indicates water trucks will be used
during construction.
Environmental Health Services recommends the following requirements are incorporated into
the permit as development standards:
1. During construction, all liquid and solid wastes (as defined in the Solid Wastes
Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for
final disposal in a manner that protects against surface and groundwater
contamination.
2. During construction, no permanent disposal of wastes shall be permitted at this site.
This is not meant to include those wastes specifically excluded from the definition of a
solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.
3. During construction, waste materials shall be handled, stored, and disposed in a
manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and
other potential nuisance conditions. The facility shall operate in accordance with
Chapter 14, Article 1 of the Weld County Code.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
4. Fugitive dust and fugitive particulate emissions shall be controlled throughout the
duration of construction and operation of the facility.
5. During construction, adequate toilet facilities and handwashing units shall be provided.
Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand
sanitizers, be screened from public view, and removed when construction is
completed.
6. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit
requirements as stipulated by the Air Pollution Control Division, Colorado Department
of Public Health and Environment, as applicable.
7. The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Submit by Email
Weld County Referral
Y
December 19, 2023
The Weld County Department of Planning Services has received the following item for review:
Applicant: PDC Energy Inc
Please Reply By: January 16, 2024
Project: USR FOR 5MW SOLAR FACILITY
Case Number: USR23-0045
Planner: Molly Wright
Parcel Number: 121103400010-R8972038 Legal: LOT D REC EXEMPT RECX12-0003, PT S2
SECTION 3, T3N, R66W of the 6th P.M., Weld County, Colorado.
Location: NORTH OF AND ADJACENT TO COUNTY ROAD 36; EAST OF AND ADJACENT TO COUNTY
ROAD 31
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response
not received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the
Planner associated with the request. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
F
We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature 3-',0 1-aiDate December 29, 2023
Agency Weld County OGED
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
Weld County
Oil & Gas Energy Department
Referral Comments
Referring Agency: Weld County Department of Planning Services
Reference Number: USR23-0045
Associated Parcel: 121103400010
OGED Reviewer: Stephanie Frederick
Review Date: December 29, 2023
The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to
comment on the captioned planning case. Staff has completed review of the proposal and have no
conflicts with the proposed activity. We have included additional comments below:
1. The 1041 WOGLA Permit, known as 1041WOGLA22-0038 — PDC — Trippet 3N66W3 1-48 was
recorded and published in the Greeley Tribune on April 7, 2023, under reception # 4891130.
is on the associated parcel.
2. There are several oil and gas well sites in the area surrounding the parcel.
3. The parcel includes four (4) active oil and gas wells, listed in Table 1 below. OGED requests
that the Applicant coordinate operations in proximity to existing wells and production
facilities with the operator(s) of these wells.
API
Operator
Well Title
Well Status
05-123-15952
Kerr McGee Oil & Gas Onshore, LP
HSR-Logan 15-3A
SI
05-123-17076
Kerr McGee Oil & Gas Onshore, LP
HSR-Lillevand 10-3
SI
05-123-1590
Kerr McGee Oil & Gas Onshore, LP
HSR-Eddington 9-3
SI
05-123-15951
Kerr McGee Oil & Gas Onshore, LP
HSR-Lomax 16-3
SI
4. The parcel includes four (4) plugged and abandoned (PA) wells listed in Table 2 below.
Additional information regarding these plugged and abandoned wells is available from the
Energy & Carbon Management Commission (ECMC). OGED recommends that the Applicant
review this information and contact the responsible operator regarding well infrastructure
that may have been abandoned in place prior to conducting operations in proximity to the
wells.
API
Operator
Well Title
Well Status
05-123-16350
Kerr McGee Oil & Gas Onshore, LP
Mile High 13-3
PA
05-123-11241
PDC Energy Inc
Platte Valley 1
PA
05-123-15277
Kerr McGee Oil & Gas Onshore, LP
PTF L3-11
PA
05-123-19397
PDC Energy Inc
Platte Valley 2
PA
5. The USR lands may include additional oil and gas related infrastructure, such as off -location
flowlines or pipeline which are a use by right and not regulated by Weld County. OGED
requests that the applicant reviews flowline data available from the ECMC map viewer and
utilize Colorado 811 prior to any excavation activities.
These comments and recommendations are based upon the review of the application materials
submitted by the applicant and other relevant information available on the E -Permit site.
Submit by Email
Weld County Referral
Y
December 19, 2023
The Weld County Department of Planning Services has received the following item for review:
Applicant: PDC Energy Inc
Please Reply By: January 16, 2024
Project: USR FOR 5MW SOLAR FACILITY
Case Number: USR23-0045
Planner: Molly Wright
Parcel Number: 121103400010-R8972038 Legal: LOT D REC EXEMPT RECX12-0003, PT S2
SECTION 3, T3N, R66W of the 6th P.M., Weld County, Colorado.
Location: NORTH OF AND ADJACENT TO COUNTY ROAD 36; EAST OF AND ADJACENT TO COUNTY
ROAD 31
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response
not received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the
Planner associated with the request. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
F
We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Dave Sutton Dec 26 2023
Signature Date
Agency Platteville-Gilcrest Fire Dept.
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
Platteville-Gilcrest Fire Protection District
P.O. Box 407
202 Main Street
Platteville, CO 80651
970.785.2232 • FAX 970.785.0139
Molly Wright:
Weld County Department of Planning Services:
Good afternoon,
In regards to USR 23-045, we have approved the plans, but are requesting that there is an address
on the business sign, and a knox box at the gate.
Thanks for your assistance.
Respectfully.
Dave Sutton
Fire Prevention Specialist
Platteville-Gilcrest Fire Dept.
970 785 2232 x 115
Submit by Email
Weld County Referral
Y
December 19, 2023
The Weld County Department of Planning Services has received the following item for review:
Applicant: PDC Energy Inc
Please Reply By: January 16, 2024
Project: USR FOR 5MW SOLAR FACILITY
Case Number: USR23-0045
Planner: Molly Wright
Parcel Number: 121103400010-R8972038 Legal: LOT D REC EXEMPT RECX12-0003, PT S2
SECTION 3, T3N, R66W of the 6th P.M., Weld County, Colorado.
Location: NORTH OF AND ADJACENT TO COUNTY ROAD 36; EAST OF AND ADJACENT TO COUNTY
ROAD 31
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response
not received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the
Planner associated with the request. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
F
We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature 4,47a.
Agency Colorado Parks and Wildlife
Date 1/2/2024
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
1/2/24, 1:26 PM
State.co.us Executive Branch Mail - Fwd: Referral Agency Email USR23-0045 SOLAR PROJECT
STATE OF
COLORADO
Hamous-Miller - DNR, Lexi <lexi.hamous-miller@state.co.us>
Fwd: Referral Agency Email USR23-0045 SOLAR PROJECT
Hamous-Miller - DNR, Lexi <lexi.hamous-miller@state.co.us>
Draft To: mrwright@weld.gov
Cc: Michael Grooms - DNR <michael.grooms@state.co.us>
Tue, Jan 2, 2024 at 1:26 PM
Hello Molly,
Thank you for including CPW in the review of the Thistle Solar Project. I have attached these comments along with the
signed referral form.
After review, CPW found that there is a red-tailed hawk nest in the northeast corner of the proposed area. We recommend
that if the developer will be placing a fence around the perimeter and the nest tree is in the way of the proposed fencing,
they will need to remove the tree before the first day of the nesting season (February 15 - July 15), or before it becomes
occupied. The developer can also wait until after the nesting season and after chicks fledge if it becomes active.
CPW also encourages the following recommendations for this solar project based on CPW's Solar BMPs:
• CPW recommends that any installed fencing should be eight feet in height, have round -capped posts (e.g., so
wildlife isn't impaled), smooth top wire to the fence (e.g., no top barbed wire) (or if two top strands are needed,
ensure they are at least six inches apart). The bottom wire can be barbed but should be four inches or less from
the ground.
• CPW recommends that other non -security fencing is kept to a minimum. Where such fencing is required, please
use wildlife -friendly fencing specifications as described in CPW's document entitled "Fencing with Wildlife in
Mind"
• CPW recommends that the solar facility is checked weekly (or escape structures are installed inside the fenced
area) to allow deer to escape if one becomes trapped within the facility.
• If construction is slated from March 15 to July 15, please complete pre -construction nesting surveys for
songbirds, Burrowing Owls, and ground- or tree -nesting raptors within the Project area or in the immediate
vicinity (e.g., their buffers may extend into the Project area) within a couple of weeks of construction.
• For the eventual consultation regarding transmission lines to this Solar Project, CPW recommends they are
installed according to Avian Power Line Interaction Committee (APLIC) standards and outside the raptor nesting
season. Also, please install bird diverters within '/-mile of any lake, drainage, or riparian area, and within the
raptor nesting buffer for occupied nests.
If there are any questions, please reach out to Lexi Hamous, CPW NE Land Use Coordinator 303-916-2987.
-Respectfully,
Lexi Hamous, MS (She/Her)
Northeast Region Land Use Coordinator
Colorado Parks and Wildlife
LIVE LIFE
OUTSIDE
6060 Broadway, Denver, CO 80216
303-916-2987
Lexi.Hamous-Miller@state.co.us
CPW's Energy Webpage
El 61111
•••O
Forwarded message
From: noreply@weld.gov <noreply@weld.gov>
Date: Tue, Dec 19, 2023, 2:35 PM
https://mail.google.com/mail/u/0/?ik=4d27ab2f39&view=pt&search=cat&permmsgid=msg-a:r5459357268235096606&dsgt=1 &simpl=%23msg-f:17857... 1/2
1/2/24, 1:26 PM State.co.us Executive Branch Mail - Fwd: Referral Agency Email USR23-0045 SOLAR PROJECT
Subject: Referral Agency Email
To: <michael.grooms@state.co.us>, <denise.kostiv@state.co.us>
The Weld County Planning Department has received a Planning Use By Special Review application, case # USR23-0045,
in which your agency may have an interest. Planning staff requests you review the application materials, and return the
Referral Form to Molly Wright by the date specified on the Referral Form attached in the online permitting center. To view
application materials, visit https://aca-prod.accela.com/WELD/Default.aspx or navigate to weldgov.com > departments >
planning and zoning > online e -permitting. Then,
* Click on "Planning" tab on the menu bar
* Under General Search, type case# USR23-0045, into the Record Number box and search
* Click on the "Record Info" arrow drop -down menu
* Click on "Attachments" to review the application materials
If you have any questions, please contact your assigned planner: Molly Wright at 970-400-6100
Thank you,
Molly Wright
1402 North 17th Ave
Greeley, CO 80631
970-400-6100
mrwright@weld.gov
� CPW referral letter Thistle Solar.pdf
150K
https://mail.google.com/mail/u/0/?ik=4d27ab2f39&view=pt&search=cat&permmsgid=msg-a:r5459357268235096606&dsgt=1 &simpl=%23msg-f:17857... 2/2
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