HomeMy WebLinkAbout20241575.tiffMEMORANDUM
TO: Kim Ogle, Planning Services
FROM: Mike McRoberts, P.E., Development Review
DATE: February 23, 2024
SUBJECT: USR24-0004 Workmans Livestock SEF
The proposal has been reviewed by Development Review 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: Site Specific Development Plan and Use by Special Review Permit for a Solar Energy
Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District
This project is north of and adjacent to CR 52 and is east of CR 45.
Parcel number: 096126300069.
Access is onto CR 52.
ACCESS
Development Review has reviewed the application materials related to access. The applicant is proposing
to use an existing permitted access point onto CR 52. No other access point is requested.
The existing access proposed for use with this project currently has a Weld County residential access permit
(AP18-00130). Per Weld County Code, Section 8-14-30.G., a new access permit is required for a change
in use of an access classification/type, or an increase in the amount of traffic using an access. This project
involves a change of use classification and an increase in the amount of traffic for the existing proposed
access. Therefore, a new access permit is required. Please refer to Chapter 8 of the Weld County Code for
more information regarding access.
Note: All "preliminarily approved" accesses are subject to change during the access permitting process.
ROADS AND RIGHTS -OF -WAY
County Road 52 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. Pursuant to the definition of
setback in the Weld County Code, Section 23-1-90, the required setback is measured from the right-of-way
line. The physical location of CR 52 may not be centered in the right-of-way. This road is maintained by
Weld County.
Per Chapter 8, Article 13, Section 8-13-30, 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 easements. Right -of -Way Use Permit instructions and application can be found at:
https://www.weldgov.com/Government/Departments/Public-Works/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
The most recent traffic counts (2023) for this portion of CR 52 found the annual average daily traffic to be
159 vehicles per day with 27% trucks.
Traffic information submitted with the application materials estimates that:
• peak construction traffic is expected to be as high as 79 vehicles per day during material and
equipment delivery (for approximately one month at the beginning and end of the project); and
• up to 64 vehicles per day may occur during the solar facility installation (for approximately 6
months); and
• one to two vehicles per month during solar facility operation will likely occur.
No additional traffic information is needed.
TRACKING CONTROL
Tracking control is required to prevent tracking from the site onto public roadways. 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. Recycled concrete is not allowed in County right-of-way.
ROAD MAINTENANCE AGREEMENT FOR 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. The agreement will detail the approved
routes and the maintenance required.
An example agreement is available at:
https://www.weldgov.com/Government/Departments/Planning-and-Zoning/Development-Review .
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.
Detention Pond summarized in a Drainage Report:
The applicant has submitted a preliminary drainage letter stating that the final drainage design has yet to
be determined. The letter states the an alternative design is being considered that might allow the site to
qualify for an exception to detention as defined in Section 8-11-40.1., of the Weld County Code. But, if the
decision is to not go with the alternative design, on -site detention will be provided.
Either a drainage narrative, as defined in Section 8-11-40.1., of the Weld County Code, with a qualifying
exception, or a final drainage report signed and stamped by a Colorado Licensed Professional Engineer, is
required prior to recording the USR map. If a drainage report is submitted, it shall include a certification of
compliance stamped and signed by the PE. A Certification of Compliance form and a Drainage Report
Checklist can be found on the Development Review webpage.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
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 (USR map has been recorded). An Early Release
Request Form may be entertained only after the applicant and Planning Department have 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 Planning Services for
more information.
COLORADO CONSTRUCTION STORMWATER DISCHARGE PERMIT
A Construction Stormwater Discharge Permit is required when disturbing more than 1 acre of land. Contact:
Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575.
CONDITIONS OF APPROVAL
A. A Drainage Narrative with a qualifying exception (accepted by Development Review) or a Final
Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer
registered in the State of Colorado is required. (Development Review)
B. 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. (Development
Review)
C. The USR map shall be amended to delineate the following:
1. County Road 52 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 plat the existing right-of-way (along with the documents
creating the existing right-of-way) and the physical location of County Road 52. If the existing
right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the
Weld County Code Section 23-1-90, the required setback is measured from the right-of-way line.
This road is maintained by Weld County. (Development Review)
2. Show and label the existing and proposed access points onto CR 52 and the usage types that
apply for each (Residential, Agricultural, Commercial and/or Oil and Gas). Development Review
will review the access location as a part of the plan submittal. (Development Review)
3. Show and label the approved tracking control.
4. If applicable, 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 volume.
Otherwise, show and label the drainage flow arrows. (Development Review)
Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit and a Colorado Stormwater
Discharge Permit will be required. (Development Review)
B. The approved tracking control shall be constructed prior to on -site construction. (Development Review)
DEVELOPMENT STANDARDS (NOTES ON THE USR MAP)
A. 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)
B. 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)
C. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
D. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
E. 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)
F. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
G. Weld County is not responsible for the maintenance of onsite drainage related features.
(Development Review)
Weld County
Department of Public Health and Environment
Memorandum
To: Kim Ogle
From: Lauren Light, Environmental Health Services
Date: February 7, 2024
Re: USR24-0004 Applicant: Workman's Livestock, LLC, c/o Pivot Energy, Inc.
Environmental Health Services has reviewed this Site -Specific Development Plan and Use by
Special Review Permit for a Solar Energy Facility outside of subdivisions and historic
townsites in the A (Agricultural) Zone District.
As no employees will be located at the site, permanent water and sewer is not required.
Screened portable toilets, hand washing units and bottled water can be utilized during
construction. A dust mitigation plan was submitted which indicates water, vegetative cover,
mulch, and wind breaks may be used. Herbicide will be used to control weeds and a native
grass will be planted for revegetation. Sheep or crop production may be used under the
panels.
We recommend 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
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
Chapter 14, Article 1 of the Weld County Code.
4. Fugitive dust and fugitive particulate emissions shall be controlled throughout the
duration of construction 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 operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County Referral
Y
January 30, 2024
Submit by Email
The Weld County Department of Planning Services has received the following item for review:
Applicant: Workman's Livestock, LLC, c/o Pivot Energy, Inc. Case Number: USR24-0004
Please Reply By: February 27, 2024 Planner: Kim Ogle
Project: Site Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility
(SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District
Parcel Number: 096126300069-R2654904 Legal: LOT B REC EXEMPT RE -3136, PART SW1/4
SECTION 26, T5N, R65W of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to County Road 52, approximately 0.5 miles west of County Road 47.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications under
review during the review process. If you desire to examine or obtain this additional information,
please call the Department of Planning Services.
P
P
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 Rebecca Sears
Agency Oil & Gas Energy Department
Date 1/31/2024
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: USR24-0004
Associated Parcel: 096126300069
OGED Reviewer: Rebecca Sears
Review Date: 1/31/2024
The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to
comment on the captioned planning case. Staff has completed review of the proposal and have no
conflicts with the proposed activity. We have included additional comments below:
1. There are no active or proposed 1041 WOGLA Permits on the associated parcel. There are
several oil and gas well sites in the area surrounding the parcel.
2. The parcel does not include active oil and gas wells.
3. The parcel includes two (2) 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
05-123-21381
Noble Energy Inc
Kerbel #12-26
PA
05-123-16715
Noble Energy Inc
Fiolkowski #24-26
PA
4. The USR lands may include additional oil and gas related infrastructure, such as off -location
flowlines or pipeline which are a use by right and not regulated by Weld County. OGED
requests that the applicant reviews flowline data available from the 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
January 30, 2024
The Weld County Department of Planning Services has received the following item for review:
Applicant: Workman's Livestock, LLC, c/o Pivot Energy, Inc. Case Number. USR24-0004
Please Reply By. February 27, 2024 Planner: Kim Ogle
Project Site Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility
(SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District
Parcel Number 096126300069-R2654904 Legal: LOT B REC EXEMPT RE -3136, PART SW1/4
SECTION 26, TSN, R6SW of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to County Road 52, approximately 0.5 miles west of County Road 47.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications under
review during the review process. If you desire to examine or obtain this additional information,
please call the Department of Planning Services.
flWe have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.fier ' /
7
John Leone Date February 12, 2024
Signature , ;r•-././it_,r
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Agency West Greeley Conservation District
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
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West Greeley Conservation District
(970) 356-8097
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Severe
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Slight
Severe
Yes
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The West Greeley Conservation District recommends that the applicant does an on site soils test prior to any construction. For a more complete soils description consult
the Weld County Soil Survey
contact our office at
(970)
356-8097. If you or the applicant have any questions please feel free to call our office.
or
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COLORADO
Parks and Wildlife
Department of Natural Resources
Northeast Region
6060 Broadway
Denver, CO 80216
P 303.291.7227
February 6, 2024
Weld County Planning Department
Attention: Kim Ogle
1402 North 17th Ave
Greeley, CO 80631
970-400-6100
kogle@weld.gov
Re: CPW referral letter for Case # USR24-0004 - Pivot Solar 50 LLC Solar Garden
Dear Kim Ogle,
Thank you for the opportunity for Colorado Parks and Wildlife (CPW) to submit formal
comments on the proposed Pivot Solar 50 LLC's 10 -megawatt (MW) photovoltaic solar garden,
located on 60 acres of private land. The Pivot Solar 50 LLC's Solar garden is located east of
Weld County Road 45 and north of County Road 52 (T5N, R65W Sec. 26), on existing
agricultural lands, and is located approximately 2 miles SW of the town of Kersey. It is our
understanding that Pivot Solar 50, LLC Solar Garden will deliver electricity directly to a local
energy consumer via Xcel Energy's "Solar * Rewards Offsite" program.
The mission of CPW is to perpetuate the wildlife resources of the state, to provide a quality
state parks system, and to provide enjoyable and sustainable outdoor recreation opportunities
that educate and inspire current and future generations to serve as active stewards of
Colorado's natural resources. CPW has a statutory responsibility to manage all wildlife species
in Colorado and to promote a variety of recreational opportunities throughout Colorado. One
way we achieve this goal is by responding to referral comment requests.
CPW appreciates this early consultation from Pivot Solar 50 LLC and Weld County because it
can lead to a responsibly developed project that works toward achieving state solar goals
while protecting sensitive wildlife species, habitats, and time frames. We recognize
Jeff Davis, Director, Colorado Parks and Wildlife
Parks and Wildlife Commission: Dallas May, Chair • Richard Reading, Vice -Chair • Karen Bailey, Secretary • Jessica Beaulieu
Marie Haskett • Jack Murphy • Gabriel Otero • Duke Phillips, IV • Gary T. Skiba • James Jay Tutchton • Eden Vardy
renewable energy development is important to meeting the State's greenhouse gas reduction
goals and improving our climate resiliency.
CPW appreciates that the developer plans to use wildlife -friendly fencing. CPW found that the
northeast boundary of the project is -350 feet from a Red -Tailed Hawk Nest, and the nest is
-650 feet from the proposed solar arrays. We recommend that the developer conduct nest
surveys prior to construction. If the nest is active prior to construction, we recommend
avoiding starting construction during the nesting season (February 15 through July 15).
CPW also encourages the following recommendations for this solar project based on CPW's
Solar BMPs:
• CPW recommends that the solar facility is checked weekly, either remotely or
in person (or escape structures are installed inside the fenced area), to allow
animals to escape if they become trapped within the facility. Please
immediately report mortalities, trapped or injured wildlife, or other reportable
incidents to the local District Wildlife Manager (Mike Grooms 970-692-4028).
Please document and report these findings to CPW annually.
• CPW recommends that the Project Area not be lit at night to minimize wildlife
attraction to Project infrastructure and limit impacts to hunting, migration, or
other nocturnal activities of wildlife.
• 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 1/4 -mile of any lake, drainage, or riparian
area and within the raptor nesting buffer for occupied nests.
If you have any additional questions regarding wildlife concerns for this property, please
contact Mike Grooms, District Wildlife Manager at michael.grooms®state.co.us or by phone at
(303) 810-3141.
Respectfully,
7,,/4 of..40)-(_-
Mark Leslie, Northeast Regional Manager
Cc: Mike Grooms, District Wildlife Manager - michael.grooms®state.co.us
Lexi Hamous, NE Land Use Coordinator - lexi.hamous-miller®state.co.us
Jason Surface, Area 4 Wildlife Manager - iason.surface®state.co.us
2
XcelEnergysM
PUBLIC SERVICE COMPANY
February 5, 2024
Weld County Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Attn: Kim Ogle
Right of Way & Permits
1123 West 3r° Avenue
Denver, Colorado 80223
Telephone: 303.571.3306
Facsimile: 303.571.3284
donna.I.george@xcelenergy.com
Re: Pivot Energy - Workman's Livestock, Case # USR24-0004
Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk
has reviewed the use by special review and site specific development plan for Pivot
Energy - Workman's Livestock. Please be aware PSCo owns and operates existing
overhead electric distribution facilities along the south property line, and underground
electric distribution facilities along the east property line.
Bear in mind that per the National Electric Safety Code, a minimum 10 -foot radial
clearance must be maintained at all times from all overhead electric facilities including,
but not limited to, construction activities and permanent structures.
Note that proper clearances must be maintained including ground cover over buried
facilities that should not be modified from original depths. Contact Colorado 811 before
excavating. Use caution and hand dig when excavating within 18 -inches of each side of
the marked facilities. Please be aware that all risk and responsibility for this request are
unilaterally that of the Applicant/Requestor.
For any new electric service or modification to existing facilities, the property owner/
developer/contractor must complete the application process via
xcelenergy.com/I nstallAndConnect.
If additional easements need to be acquired by separate PSCo document (i.e.
transformer/s), a Right -of -Way Agent will need to be contacted by the Designer.
Donna George - Right of Way and Permits
Public Service Company of Colorado dba Xcel Energy
Office: 303-571-3306 — Email: donna.l.george@xcelenergy.com
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