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Home My WebLink About20242812.tiffHEARING CERTIFICATION DOCKET NO. 2024-53 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR24-0014, FOR THE CONSTRUCTION OF A 1041 MAJOR FACILITY OF A PUBLIC UTILITY, INCLUDING A SOLAR ENERGY FACILITY (SEF) (SOLAR ARRAYS) WITH A GENERATING CAPACITY UP TO 650 MEGAWATT AC; A BATTERY ENERGY STORAGE FACILITY PLANNED FOR 650 MWH WITH A POSSIBLE INCREASE TO UP TO 1,300 MWH; A SUBSTATION (CONSTRUCTED AND OWNED BY THE APPLICANT) TO INTERCONNECT THE PROJECT TO THE HIGH VOLTAGE TRANSMISSION SYSTEM; AN OPERATIONS AREA, INCLUDING AN OPERATIONS AND MAINTENANCE BUILDING, POSSIBLE WATER STORAGE, MATERIALS STORAGE AND PARKING; AN ON -SITE COMMUNICATION SYSTEM (COMMUNICATION LINES); METEOROLOGICAL STATIONS (APPROXIMATELY 15 FEET HIGH, ON POSTS); UP TO SEVEN (7) CONSTRUCTION TRAILERS AND TEN (10) CONEX CONTAINERS DURING CONSTRUCTION AND UP TO FOUR (4) CONEX CONTAINERS, POST CONSTRUCTION, FOR PARTS STORAGE, OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - MAGNUM FEEDYARD CO., LLC, C/O TAELOR SOLAR 1, LLC A public hearing was conducted on October 30, 2024, at 10:00 a.m., with the following present: Commissioner Kevin D. Ross, Chair Commissioner Perry L. Buck, Pro-Tem Commissioner Mike Freeman Commissioner Scott K. James Commissioner Lori Saine Also present: Acting Clerk to the Board, Jess Reid Deputy County Attorney, Karin McDougal Department of Planning Services representative, Diana Aungst Department of Public Health and Environment representative, Lauren Light The following business was transacted: El I hereby certify that pursuant to a notice dated September 25, 2024, and duly published September 27, 2024, in the Greeley Tribune, a public hearing was conducted to consider the request of Magnum Feedyard Co., LLC, c/o Taelor Solar 1, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR24-0014, for the construction of a 1041 Major Facility of a Public Utility, including a Solar Energy Facility (SEF) (solar arrays) with a generating capacity up to 650 megawatt AC; a Battery Energy Storage Facility planned for 650 MWh with a possible increase to up to 1,300 MWh; a substation (constructed and owned by the applicant) to interconnect the project to the high voltage transmission system; an operations area, including an operations and maintenance building, possible water storage, materials storage and parking; an on -site communication system (communication lines); Meteorological Stations (approximately 15 feet high, on posts); up to seven (7) construction trailers and ten (10) conex containers during construction and up to four (4) conex containers, post construction, for parts cc: pL (DE /W /DA/DA /M W /KR) ii/m/2,4 2024-2812 PL2910 HEARING CERTIFICATION - MAGNUM FEEDYARD CO., LLC, C/O TAELOR SOLAR 1, LLC (USR24-0014) PAGE 2 storage, outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Karin McDougal, Deputy County Attorney, made this a matter of record. =''' Diana Aungst, Department of Planning Services, presented a brief summary of the proposal, stated the site is located on 16 parcels, provided the general location of the site and mentioned 40 referrals were sent out, and 14 agencies responded with comments. She stated two (2) creeks travel through the SEF, a Burlington Northern Santa Fe (BNSF) railroad tract bisects the north half of the property, there will be approximately 600,000 solar panels, and she described all of the SEF components. She relayed the applicant intends to connect to Xcel Energy's Clean Power Pathway 345kV transmission line and there will be Meteorological (MET) Stations permanently installed on the site. She provided the specifications for, and the potential hazards of, the BESS and relayed there will be no vegetation or fuel in the BESS and substation areas. She outlined the other hazard mitigation measures, stated the SEF is not within 500 feet of any residence, described the adjacent properties' zoning and uses, and relayed notice was sent to 46 surrounding property owners (SPOs) within 1,320 feet, including mineral owners and lessees. She stated two (2) letters of support, and one (1) letter of objection were received, and several surrounding property owners (SPOs) spoke at the Planning Commission expressing concern about the proximity of the SEF to residences. She referenced the Community Outreach Report included with the application materials, and noted the applicant adjusted the layout plan based on feedback from SPOs. El Ms. Aungst explained the SEF project is split in two (2) phases, with this application being Phase 2. She noted Phase 1 was approved by the Morgan County Commissioners in February of 2024, and stated the SEF will encompass approximately 10,000 acres total, between both phases. She referenced the floodplain and other referral agency comments, including the request from Colorado Parks and Wildlife (CPVV) for a 250 -foot -wide wildlife corridor. She stated, due to the topography of the area and the height of the SEF components, no screening is required, but there will be a seven (7) -foot wildlife fence. She described the drainage for the site, as well as the water requirements/needs, which will be purchased from the landowner, as one (1) or more of his 11 irrigation wells on the site will be transitioned to commercial. She relayed the useful life of the SEF is 40 years, the construction period will be 24 to 36 months, and provided the number of workers on the site during this time, as well as the hours of construction and details of the lighting. She shared, per the Development Review staff, access is on County Road (CR) 93, described the anticipated construction traffic, and mentioned this is an unmanned facility, so only one (1) employee, per week, will travel there to conduct site visits. She stated Development Review is requesting an Improvements and Road Maintenance Agreement, entered the favorable recommendation of the Planning Commission into the record, as written, and displayed images of the site and surrounding views. Lauren Light, Department of Public Health and Environment, stated, since there will be no employees at the site, they can use screened, portable toilets and bottled water during construction, which can remain onsite for operations, if necessary. She outlined the Dust Mitigation Plan, weed control measures and noise restriction requirements. She described the on -site hazardous/flammable materials and referenced the Hazardous and Emergency Procedures Report submitted with the application materials. In response to Commissioner James, she stated the water needs for the SEF will be determined by the fire department. 2024-2812 PL2910 HEARING CERTIFICATION - MAGNUM FEEDYARD CO., LLC, C/O TAELOR SOLAR 1, LLC (USR24-0014) PAGE 3 Drew McMahan, Balanced Rock Power, represented the applicant, and in response to Chair Ross, indicated neither he nor his team had had contact with any of the Commissioners regarding this case. He submitted a letter of support (Exhibit I) he had recently received from the Morgan County Economic Development Corporation, thanked Weld County staff, and introduced his team. He presented a PowerPoint presentation (Exhibit H) and relayed they had met all of the Code requirements. Erica Goad, Balanced Rock Power, provided a company overview and described other projects, some of which are in Colorado. She stated they pride themselves on responsible development and land stewardship, described their community engagement efforts, and explained the long-term benefits of the project, when incorporating agricultural practices into the operations of the project. El Mr. McMahan provided a project summary, including the location, capacity, energy production, expected asset life, technology they will utilize, and the project timeline. Responding to Commissioner James, Mr. McMahan explained they are deep in the process of advancing contract opportunities with Xcel Energy, but there is no signed contract yet. He outlined the project studies and analyses that had been done and described the economic impacts and community benefits, which include property tax revenue for the local school/fire/library districts, as well as Weld County. He displayed a map showing the SEF is on the Morgan County line and explained the location was determined, in part, by the location of the Colorado Power Pathway transmission line, which is near, and in response to Commissioner James, confirmed the acreage covered by solar panels will be less on the Morgan County side. He stated access will be on CR 93, via State Highway 52, confirmed they will make upgrades to CR 93 to bring it up to the standards outlined by the Department of Public Works, and responding to Commissioner Saine, he stated the improvements on CR 93 will include widening and paving from State Highway 52 to the site entrance. He displayed an aerial image and asserted the site is primarily undeveloped pasture ground, with marginal agricultural value, and relayed the majority of the site is not even used for grazing. He then displayed images of similar projects, which follow the natural topography of the land. Mr. McMahan addressed common questions they had received throughout the application process. He stated power will be going to Xcel Energy, so in turn, will be serving many communities in northeastern Colorado. He relayed water will be used primarily for dust control during construction, with a small amount used during operation, for panel cleaning, and asserted the amount of water used for solar is low compared to other energy sources. He discussed the battery storage risk and emergency response, noted an Emergency Preparedness and Response Plan will be developed, and stated they will provide training, specific to the equipment and site configuration, to the area fire districts. He provided a Memorandum of Understanding (MOU) (Exhibit J) with the Wiggins Rural Fire District that he stated creates the framework for training and emergency response, moving forward. He mentioned they performed a Glare Hazard Assessment, which confirmed there are no glare hazards, discussed the visual impacts of the SEF and stated they will voluntarily increase the setback from 500 feet to 2,000 feet, for neighboring landowners who had concern about visual impacts. He finished by stating they are working with local experts regarding dust mitigation and revegetation. 2024-2812 PL2910 HEARING CERTIFICATION - MAGNUM FEEDYARD CO., LLC, C/O TAELOR SOLAR 1, LLC (USR24-0014) PAGE 4 Steve Gabel, property owner, stated he owns land in both Weld and Morgan Counties, provided an overview of Magnum Feedyard, Co., LLC, which is a USR, and stated he has worked with Balanced Rock Power for four (4) years. He relayed 550 acres in Weld County are farmed using center -pivot irrigation and noted water availability is marginal, at best, and declines annually. He described the price, per acre of land, in the front range, versus the eastern plains, and stated he believes the SEF will bring the highest return on his investment. In response to Commissioner James, Mr. Gabel stated their long-term plan would be to change the location of some of the center -pivot irrigation to better irrigate other areas with agricultural production. Responding to Chair Ross regarding the viability of grazing sheep around/under the solar panels, Mr. Gabel explained the rainfall in recent years has helped improve the soil condition, so between continued spreading of manure, re -seeding after the SEF is constructed, and rainfall, he believes livestock, to some degree, will be able to be grazed by the time the SEF is ready to connect and provide power. ''' Chair Ross recessed the hearing for a short break. The Board reconvened and Commissioner James cited Code Section 21-7-350.C.1, and questioned the safety techniques that will be employed to reduce risk. Liam Norris, Balanced Rock Power, stated the lithium ion batteries are similar to what is in a laptop, and described there are multiple cells, which are connected and sealed, which are then connected to a sealed module, and those are installed into a battery enclosure, which is what you see on the site. He relayed the specific technology and equipment had not been determined yet and described the rating of the equipment and stated it is fire tested in the factory. In response to Commissioner James regarding the equipment needed to fight battery fires, Mr. Norris relayed Balanced Rock Power will provide special equipment, if necessary, to the local fire districts, as well as provide them with ongoing training. Responding to Commissioner Buck, Mr. Gabel explained the process they went through with the Division of Water Resources (DWR) to convert six (6) wells, originally permitted for irrigation, into commercial/irrigation wells and relayed that would be the goal for the well that will be used for the SEF as well. Commissioner James expressed concern about the area being a high priority habitat, and Mr. McMahan stated, in consulting with CPW, they have developed a Study Plan, eliminated the vast majority of the risk, and are in the process of finalizing the plan for the wildlife corridor, which CPW will have to sign off on. Mr. McMahan described some details of the Decommissioning Plan, including the fact that the foundation systems are not concrete, they are easy to remove, and asserted there are a variety of disposal methods for the solar panels, such as recycling. Mr. Gabel commented that he had a bonded insurance policy that would cover decommissioning in the event of default on the part of Balanced Rock Power. In response to Chair Ross, Mr. McMahan explained the BESS yard and substation area will be gravel, to avoid blowing dust. El Steve Teets, Greeley resident, questioned the process of disposal of the solar panels, when decommissioned. El Rocky Blake, SPO, expressed concern with decreased property values, visual impacts and dust. 2024-2812 PL2910 HEARING CERTIFICATION - MAGNUM FEEDYARD CO., LLC, C/O TAELOR SOLAR 1, LLC (USR24-0014) PAGE 5 Ei Glenn Neal, SPO, stated the use of sheep for grazing is viable, with proper management, referenced a map and list of names/numbers of people in support of the project (Exhibit K), and discussed the growth of the schools in the area. He relayed the existing water from the wells continues to decrease, but Mr. Gabel has a lake on his property that he can tie some of the wells to. Matt Dorenkamp, H2 Enterprises (reclamation company), cited projects near Fort Lupton that are examples of good reclamation, relayed seed selection is important, and mentioned solar panels create a cooling effect that helps hold moisture in the soil. E Tom Beach, Southeast Weld Fire Protection District (SEWFPD) Chief, stated he would like to enter into a MOU, such as was referenced previously. He mentioned that although they are a rural district they have two (2) paid stations, with nine (9) people on staff, at this time. Responding to Commissioner James, he relayed his team was not able to attend the training provided by Balanced Rock Power, but they are in the process of training and will be ready if/when the time comes that their services are needed. IR Rich Werner, Upstate Colorado Economic Development, commended the applicants for going through the application process and expressed support for the project. He asserted Weld County is an all energy economy, which needs to increase capacity. He stated he met with the landowner last year and stated the importance of the landowner being able to re -adjudicate his water supply. Edwin Grant, Greeley resident, compared several energy sources, including solar, and expressed concern with the possible combustion of lithium ion batteries. El Mr. McMahan addressed public comment and stated Balanced Rock Power will contact the SEWFPD soon about a MOU and training. He confirmed they had been in communication with the Blake family and asserted they are willing to make some concessions regarding view shed issues. Mr. Norris relayed solar panel recycling facilities are becoming more abundant, and responding to Chair Ross regarding the impact of hailstorms, Mr. Norris confirmed there will be insurance for hail, they will be using thicker glass where hail is prominent, and relayed the trackers will stow at an angle so the panels will not take the straight impact of hail. In response to Chair Ross, Ms. McDougal confirmed the amount of property taxes collected from the operation of the SEF is not a part of the approval criteria. The Board agreed to delete Condition of Approval (COA) #1.B (vacate the Certificate of Designation [CD] for USR-1129 [Composting Facility]), as the CD was adequately closed and no further action is required. They agreed to move COA #1.C (Crossing Agreement with BNSF), #1.G (address the requirements of the DWR), and #1.H (address the requirements of the Public Service Company of Colorado [Xcel Energy], from prior to recording the map to prior to construction, to become new COA #4.K, #4.L, and #4.M. On COA #1.1.13 and #1.1.14, they agreed to add additional language regarding the setback requirement on certain County Roads, and 2024-2812 PL2910 HEARING CERTIFICATION - MAGNUM FEEDYARD CO., LLC, C/O TAELOR SOLAR 1, LLC (USR24-0014) PAGE 6 agreed to add COA #4.J (Alta Survey) at the request of the Weld County Oil and Gas Energy Department. Regarding Development Standard DS #48 (the timeline in which construction or use shall commence), Ms. Aungst relayed the applicant requested to extend the timeframe from three (3) years to five (5) years. Commissioner James requested DS #9 be changed from 500 feet to 2,000 feet, since the applicant had agreed to do so previously in the hearing. El In response to Chair Ross, Mr. McMahan, on behalf of the applicant, indicated he had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. El No public testimony was offered regarding changes made to the Conditions of Approval and Development Standards. Commissioner James thanked the applicant for working through the 1041 process and moved to approve the request of Magnum Feedyard Co., LLC, c/o Taelor Solar 1, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR24-0014, for the construction of a 1041 Major Facility of a Public Utility, including a Solar Energy Facility (SEF) (solar arrays) with a generating capacity up to 650 megawatt AC; a Battery Energy Storage Facility planned for 650 MWh with a possible increase to up to 1,300 MWh; a substation (constructed and owned by the applicant) to interconnect the project to the high voltage transmission system; an operations area, including an operations and maintenance building, possible water storage, materials storage and parking; an on -site communication system (communication lines); Meteorological Stations (approximately 15 feet high, on posts); up to seven (7) construction trailers and ten (10) conex containers during construction and up to four (4) conex containers, post construction, for parts storage, outside of subdivisions and historic townsites in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards, as amended, and the motion was seconded by Commissioner Saine. Commissioner Freeman stated he appreciated the application and the Gabel family, whom he had known for a long time, but he expressed concern with compatibility, environmental impacts, safety, and the cumulative impact of SEFs. Chair Ross agreed with the concern of the cumulative impact, when combined with Phase 1 of the project on the Morgan County side, along with the concerns about the environmental impacts and fire, but believed all Code criteria had been met. Commissioner Buck concurred with all of the comments made and the motion passed four (4) to one (1), with Commissioner Freeman being opposed. The hearing was completed at 12:26 p.m. 2024-2812 PL2910 HEARING CERTIFICATION - MAGNUM FEEDYARD CO., LLC, C/O TAELOR SOLAR 1, LLC (USR24-0014) PAGE 7 This Certification was approved on the 13th day of November, 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C ATTEST: Weld County Clerk to the Board ia.(Ord Deputy Clerk to the Board Ke D. Ross, Chair ck, Pro-Tem ike F eeman K. 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