Loading...
HomeMy WebLinkAbout20242762.tiffBefore the Weld County. Colorado. Planning Commission Resolution of Recommendation to the Board of County Commissioners Moved by Michael Biwer, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: Case Number: Applicant Planner: Request: Legal Description: Location. USR24-0013 Prospect Solar, LLC Diana Aungst A Site Specific Development Plan and Use by Special Review Permit 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. 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 S E 1 /4 of Section 26; all of Section 35 and Lot B of Corrected Recorded Exemption RE -1445 located in part of the N E 1 /4 of Section 34. all located in Township 1 North. Range 63 West of the 6th P M., Weld County. Colorado. Generally located between County Road 67 and County Road 75: and between County Road 2 and County Road 6. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Chapter 21 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 21-7-350. A of the Weld County Code. as follows: A. Section 21-7-350. C. 1 — The health. welfare and safety 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) Battery Energy Storage System (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 67 and County Road 75 and between County Road 2 and County Road 6. 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 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 with 1,320 feet and the owners and lessees of the mineral estate on or under the parcels. In total thirty-six (36) owners were notified. The Department of Planning Services received eleven (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 & 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. Resolution USR24-0013 Prospect Solar. LLC Page 2 Public outreach included individual neighbor meetings.. a neighbor open house. and a project website (https://prospectandanussolar.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) Surrounding Property Owners attended and discussed their concerns with the application and the applicant met with a ninth (9th) Surrounding Property Owner 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 that 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 includes mitigation action for aesthetics (visual), wildlife, soils (erosion), dust. noise. and wetlands 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 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 states that the positive socioeconomic impacts include employment opportunities during the short term (construction phase) as well as the long-term (operational phase). These o pportunities 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, amounting to a 44% increase. Over the decade from 2009 to 2019. major technology corporations contracted extensive amounts of solar energy for their operations and creating job opportunities. The solar industry features a diverse workforce. The Report also states it is estimated that 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 million in projected property tax revenue. Economic output during the twenty-four to thirty-six (24 to 36) -month construction phase is estimated to be $171,955,000 and $8,229.700 during the o perating 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 e mployment 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 County Road 67 and County Road 75 and between County Road 2 and County Road 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. Resolution USR24-0013 Prospect Solar, LLC Page 3 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 and it states, in part, that the final layout of the solar arrays will avoid wetlands, waterways, and sensitive species habitats Additionally, the application materials include an email, dated February 3, 2023, from U S Fish and Wildlife Service (Service) that states that, " the Service has reviewed your Prospect solar project in Weld County and has no concerns with this project resulting in impacts to species listed as proposed, threatened, or endangered We appreciate your efforts to ensure the conservation of threatened and endangered species" A letter dated May 17, 2023, from Colorado Parks and Wildlife (CPW), was also submitted with the application materials and includes information about incorporating one or more north -south movement corridors for game, recommendations for conducting pre -construction nesting surveys, and requirements on fencing types The CPW also submitted referral agency comments dated June 18, 2024 re -iterating the same information The US Department of Energy, the Environmental Protection Agency, the US Fish and Wildlife Service and the US Army Corps of Engineers did not submit a referral agency response Weld County Oil & Gas Energy Department (OGED) submitted referral agency comments dated June 18, 2024 indicating that 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 include recommendations that the applicant conserve natural resources through the implementation of a revegetation and sod conservation plan, including, but not limited to, pre -planting grass seed, installing hedgerows or windbreaks, and practicing soil conservation measures The following table list the soils categories on the site About thirty-five (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 credibility) 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 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 Resolution USR24-0013 Prospect Solar, LLC Page 4 The application materials state that utilization of local resources within Weld County will be minimal as Prospect will not require services such as water, sewage, 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 state that Prospect will be a low water -use development and that none of the proposed site will be irrigated However, the applicant is proposing screening is the form of Rocky Mountain Juniper trees which require, 15,125 gallons of water per week during the first year of establishment, noting that the trees do not need to be watered during the winter Water for construction purposes, such as concrete foundations and dust control, is generally covered via off -site sources by a construction water provider and is appropriately sourced from municipal or private sources Finally, water will be required to clean the solar panels to maintain energy output The exact cleaning schedule is a function of precipitation, dust, and other particulate settling on the panels To minimize cleaning, the neighboring roads will be treated with GMCO CS products, a blend of liquid magnesium chloride and a complex sugar The product is for gravel road stabilization and dust control This GMCO CS reduce 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 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 CRS 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 Sixth 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 Division of Water Resources (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 onsite water tank for panel cleaning and fire suppression Prospect provided the Fire District with the project layout and water tank specs on July 14, 2023 and Oct 11, 2023 The Southeast Weld Fire Protection District provided referral comments dated June 11, 2024, _ stating that the applicant is required to go through the_District's process of plan review/fees and inspections prior to construction Sewage 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 twenty-eight (28) parcels within_one-quarter (1/4) mile of the site, ten (10) of these parcels contain at least one residence These residences are primarily located west of County Road 71, with one (1) residence located east of County Road 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 Resolution USR24-0013 Prospect Solar, LLC Page 5 be addressed through the installation of landscaping screens The application materials included the following reports a Photosim Visual Impact Analysis, a Cnthcal 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 surrounding property owners' properties This juniper screening will be placed 1) along the east and west side of State Highway 79 from County Road 4 extending south for one-half (1/2) mile along State Highway 79, 2) along the south side of County Road 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 NE4 of Section 34, T1 N, R63VV) The Jeff Erker property (Lot C of RE -4104 part of the SE4 of Section 30, T1 N, R62W) will be surrounded by a (4) tall, eight (8) wide, 5,235' long berm 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 place over the life of the project Additionally, a Development Standard has been added that states that 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 U S Fish and Wildlife Service and the Colorado Parks and Wildlife (CPW) departments 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 on site to form a four (4) tall, eight (8) wide, 5,235' 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 SE4 of Section 30, T1 N, R6255) 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 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 Resolution USR24-0013 Prospect Solar, LLC Page 6 exit drives The speed of the vehicles will be five (5) mph 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 1-2 workers Noise and disruption related to construction include pile driving at 89 - 95db(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 The 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 fora 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 twelve (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 County Road 67 and County Road 75 and between County Road 2 and County Road 8 The site is not within a Coordinate Planning Agreement area (CPA) 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 - Sheriffs Department and the Southeast- Weld Fire Protection District The Weld County Sheriffs Office submitted a referral agency response dated June 11, 2024 stating that they have no concerns and the applicant has been in communication with the Fire District to discuss the source and access to water in the -event of an emergency - - The State of Colorado Division of Water Resources 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 CRS 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 Sixth 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 Resolution USR24-0013 Prospect Solar, LLC Page 7 Plan to be approved by the Groundwater Commission Prospect contacted the Division of Water Resources (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 onsite water tank for panel cleaning and fire suppression Prospect provided the Fire District with the project layout and water tank specs on July 14, 2023 and Oct 11, 2023 The Southeast Weld Fire Protection District provided referral comments dated June 11, 2024, stating that the applicant is required to go through the District's process of plan review/fees and inspections prior to construction Construction of the Prospect will occur during daylight hours over the twenty-four to thirty-six (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 am to 3 30 pm Monday through Saturday The traffic narrative states that there will be three hundred (300) daily trips of passenger vehicles, fifteen (15) daily water trucks, and fifteen (15) daily trips of heavy-duty trucks This volume of daily traffic of 660 trips are expected to be the highest volume generated during construction of the solar facility The application materials also state that it is believed 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 1-2 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 O&M 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 Sheriff's Department and the Southeast Weld Fire Protection District The Weld County Sheriffs Office submitted a referral agency response dated June 11, 2024 stating that they have no concerns and the applicant has been in communication with the Fire District to discuss the source and access to water in the event of an emergency The application materials include an email summary, date July 6, 2023, that outlines a discussion between the Southeast Weld Fire Protection District (District) and the applicant The District 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 work out as much there is left available for the fire department to use based on the size of the tank The District 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 District requested a dust and weed mitigation plan which has been included in the application materials The District submitted referral agency comments dated June 11, 2024, stating that the applicant will be required to go through the District process of plan review, fees, and inspections prior and during construction Resolution USR24-0013 Prospect Solar, LLC Page 8 The 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, nghts-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 Development Review referral agency comments dated July 9, 2024, state that Prospect solar panels are proposed to be installed in/on the existing County Road 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 comments from Tri-State, dated June 24, 2024, indicate that the switching station will need to be larger than two (2) acres as proposed Tri-State typically requires ten (10) to fifteen (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 LGIA, procurement of switches and other materials, and 1041 permitting for a switching station will not be feasible by 2026 Finally, Tri-State indicate 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 state that 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 that 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 Tn-state at the approximate co-ordinates of 40° 1'9 60"N, 104°23'42 11"W The applicant also discussed Tn-States 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 Solar Energy Facility (SEF) / Section 21-7-350 C 9 -- Adequate uhhhes 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 Solar Energy Facility (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 Tn-state at the approximate co-ordinates of 40° 1'9 60"N, 104°23'42 11"W Resolution USR24-0013 Prospect Solar, LLC Page 9 Bottled water will be used during construction and Prospect will have no impacts on vested water rights Portable toilets are required the construction phase State of Colorado Division of Water Resources returned a referral dated July 3, 2024, stating "A copy of well permit no 322682 was included in the referral material This permit was approved pursuant to CRS 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 Sixth 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 " J Section 21-7-350 C 10 -- The nature and location for expansion of the factbty will not unduly Interfere with any significant wildlife habitat or adversely affect any endangered wildlife species, unique natural resource or htstonc landmark within the impact area Prospect is characterized as a utility -scale Solar Energy Facility (SEF) on 1,500 -acres The infrastructure required includes racking equipment, underground collection lines, a 100 -megawatt AC (MWAC) Battery Energy Storage System (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 between County Road 67 and County Road 75 and between County Road 2 and County Road 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 a State Highway (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 NE4 of Section 34, T1 N, R63W (PN 147734000020) Upon permit approval, these rights will transfer back to the original tenant No additional irrigated prime agricultural land exists on the subject properties The Colorado Parks and Wildlife (CPW) submitted referral agency comments dated June 18, 2024 that included information about incorporating one 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 U S Fish and Wildlife (FWS) The applicant submitted an Environmental Conservation Measures report with the application materials incorporating the comments of CPW and the FWS and it states, in part, that the final layout of the solar arrays will avoid wetlands, waterways, and sensitive species habitats The US Department of Energy, the Environmental Protection Agency, the US Fish and Wildlife Service, the US Army Corps of Engineers, and History Colorado, the State Historic Preservation Office did not submit referral agency comments Resolution USR24-0013 Prospect Solar, LLC Page 10 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 facihty 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 evidence by scoured creek beds and a large box culvert installed by the Colorado Department of Transportation (CDOT) under State Highway 79 Two of the subject parcels are traversed by theses creeks The referral agency comments from the Floodplain Administrator, dated July 1, 2024, state 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 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 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 on site to form a berm located on the boundary with (part of the W2 Section 30, T1 N, R62W (PN 147930000001) No soil stripping is planned under panels or at the screw pile locations, unless required to smooth out localized knolls and depressions, or to facilitate appropriate stormwater runoff Drainage and vegetation will be preserved and promoted throughout the site, with site plans built around the existing Sand Creek and West Sand Creek 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 (October 2022) that states that 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 storms events, they have significant flows and high-water evidence by scoured creek beds and a large box culvert installed by the Colorado Department of Transportation (CDOT) under State Highway 79 Two of the subject parcels are traversed by theses creeks The referral agency comments from the Floodplain Administrator, dated July 1, 2024, state that although FEMA has not mapped the floodplams 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 US 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 would be acquired from the Colorado Department of Public Health and Environment (CDPHE) Prospect will include setbacks per state mandates for all wells, active or abandoned, to ensure no contamination or impacts to surface waterways or ground water No discharge of contaminants or other materials will occur to state waters as a result of this Project Resolution USR24-0013 Prospect Solar, LLC Page 11 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 hfe 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 County Road 67 and County Road 75 and between County Road 2 and County Road 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 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 include _ recommendationsihat 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 - - 3) Introduce insects or other -biologic agents which are known to inhibitor 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 budding -materials like gravel and concrete - _ __ _ _ _which_support industries in logistics and other professional' services that are likely sourced locally Prospect required minimal governmental services and_the installation of the SEF will supplerr ent 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, utihties, 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 Resolution USR24-0013 Prospect Solar, LLC Page 12 upon completion of the acquisition of such rights pnor to issuance of a building permit by the County According to the application materials the necessary lease agreements have been obtained and recorded with the Weld County Clerk and Recorder Prospect will obtain building permits after this 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_mclude, but are not limited to, a Weld County grading permit, a Weld County right-of-way permit, Weld County building permits, Colorado Department of Public Health and Environment (CDPHE) Colorado Pollutant Discharge Elimination System (CPDES) permit, Colorado Department of Transportation (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 the Waters of the United States (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 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 Spill Prevention, Control, and Countermeasures (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 U S Environmental Protection Agency (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 Battery Energy Storage System (BESS) The BESS is lithium ion based and is designed to meet the recommendations and requirements from local authorities (i e , Southeast Weld Fire District) 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, stating that 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 Chief Beach of the Southeast Weld Fire Protection District (SEWFPD) to ensure this training occurs This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities The Planning Commission recommendation for approval is conditional upon the following 1 Prior to recording the 1041 USR map -A 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 (Department of Planning Services) Resolution USR24-0013 Prospect Solar, LLC Page 13 B The applicant shall address the requirements of the Western Area Power Administration (WAPA), as stated in the referral response dated June 13 2024 Written evidence of such shall be submitted to the Weld County Department of Planning Services (Department of Planning Services) C The -applicant shall address the requirements of the Southeast Weld Conservation District, as stated in the referral response dated August 13, 2024 Written evidence of such shall be submitted to the Weld County Department of Planning Services (Department of Planning Services) D The applicant shall address the requirements of Tn-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 (Department of Planning Services) E 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 (Department of Planning Services) F 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 (Department of Planning Services) _ G _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 (Department of Planning Services) H 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 (Department of Planning Services) I The applicant shall provide written evidence of a permitted and viable water sources for dust suppression and for fire tank waters associated with the fire suppression system (Department of Planning Services) J 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 (Development Review) K 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 (Development Review) L -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) M A Final Traffic Study, stamped and signed by a Professional Engineer registered in the State of Colorado, is required (Development Review) - - - - _ - - - N The 1041 USR map shall be amended to delineate the following 1 _All sheets of the map shall be labeled USR24-0013 (Department of Planning Services) _ - 2 The attached Development Standards (Department of Planning Services) 3 The map shall be prepared in accordance with Section 21-7-330 B of the Weld County Code (Department of Planning Services) Resolution USR24-0013 Prospect Solar, LLC Page 14 4 Show and label the required setbacks, in accordance with Section 23-4-1030 C 3 of the Weld County Code (Department of Planning Services) 5 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 (Department of Planning Services) 6 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 (Department of Planning Services) 7 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 (Department of Planning Services) 8 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 (Department of Planning Services) 9 Show and label the accepted Screening Plan (Department of Planning Services) 10 The applicant shall delineate on the map the trash collection areas 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 (Department of Planning Services) 11 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code (Department of Planning Services) 12 Show and label any onsite 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 (Department of Planning Services) 13 County Road 4 (east of County Road 73) is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout The applicant shall delineate and label on the USR map the existing right-of-way (along with the creating documents) 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) 14 South of County Road 8 for approximately 7,200 feet, County Road 71 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right -of- way at full buildout The applicant shall delineate and label on the USR 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) 15 County Road 4 (west of County Road 73) is unmaintained section line right-of-way per the Weld County GIS right-of-way map The applicant shall verify and delineate the existing right- of-way on the USR map 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 right -of- way (Development Review) Resolution USR24-0013 Prospect Solar, LLC Page 15 16 South of the maintained 7,200 feet, County Road 71 is unmaintained section line right-of-way per the Weld County GIS right-of-way map The applicant shall verify and delineate the existing right- of -way on the USR map 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 right-of-way (Development Review) 17 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 (Development Review) 18 Show and label the approved tracking control on the USR map (Development Review) 19 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 (Development Review) 20 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 (Development Review) 21 Show and label the drainage flow arrows (Development Review) 22 Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property (Development Review) 23 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 (Development Review - Floodplain) 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, one hundred twenty (120) days from the date of the Board of County Commissioners Resolution The applicant shall be responsible for paying the recording fee (Department of Planning Services) 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 3 -month period (Department of Planning Services) 4 Prior to Construction A A Right-of-way Use Permit shall be acquired, if applicable (Development Review) B The approved accesses shall be permitted and constructed, and the tracking control shall be constructed prior to on -site construction (Development Review) C If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required (Development Review) D The applicant shall obtain a Floodplain Development Permit (Department of Planning Services Floodplain Administrator) Resolution USR24-0013 Prospect Solar, LLC Page 16 E 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 (Office of Emergency Management) 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 (Department of Planning Services) Motion seconded by Barney Hammond VOTE For Passage Butch White Michael Wailes Virginia Guderjahn Barney Hammond Michael Biwer Cindy Beemer Against Passage Absent Pamela Edens Michael Pahzzi The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings Certification of Copy I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on October 1, 2024 Dated the 1. of October, 2024 Kristine Ranslem Secretary Resolution USR24-0013 Prospect Solar, LLC Page 17 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Prospect Solar, LLC USR24-0013 1 A Site Specific Development Plan and Use by Special Review Permit, USR24-0013, for a 1041 Major Facility of a Public Agency, USR24-0013, including a 199 megawatt AC Solar Energy Facility (SEF) on 1500 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 Tn-State Switching Station, outside of subdivisions and historic townsites in the A (Agricultural) Zone District, subject to the Development Standards stated hereon (Department of Planning Services) 2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code (Department of Planning Services) 3 The property owner or operator shall provide written evidence of an approved Emergency Response Plan on or before March 15th of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services (Department of Planning Services) 4 The property owner or operator shall maintain compliance with the Emergency Response Plan (Department of Planning Services) 5 Any future structures or uses on site must obtain the appropriate zoning and building permits (Department of Planning Services) 6 The facility is unmanned and will operate year-round, according to the application materials Limited maintenance personnel may visit the site once operational (Department of Planning Services) 7 Height limitation Ground -mounted solar collectors shall not exceed twenty-five (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 (Department of Planning Services) 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 (Department of Planning Services) 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 five hundred (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 (Department of Planning Services) 10 Dust mitigation The operators of the SEF shall continuously employ the practices for control of fugitive dust detailed in their accepted Dust Mitigation Plan per Section 23-4-1030 C 4 of the Weld County Code, as amended (Department of Planning Services) 11 Underground cables All electrical cables on the improved area shall be buried, except for direct current string wires that connect between solar collectors, direct current collection circuits between rows of solar arrays that are no more than four (4) feet above grade crossings, substations, switchyards, and Resolution USR24-0013 Prospect Solar, LLC Page 18 circuit voltages greater than 34 5 kilovolts (where necessary) per Section 23-4-1030 C 5 of the Weld County Code, as amended (Department of Planning Services) 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 (Department of Planning Services) 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 this 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 (Department of Planning Services) 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 Article XIV of Chapter 8 of this Code per Section 23-4-1030 C 8 of the Weld County Code, as amended (Department of Planning Services) 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 (Department of Planning Services) 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 ninety (90) days of the Board of County Commissioners' order or resolution directing decommissioning/reclamation (Department of Planning Services) 17 The site shall be maintained in accordance with the accepted Property Maintenance Plan (Department of Planning Services) 18 All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code (Department of Planning Services) 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 shall be replaced within the growing season or next calendar year whichever occurs sooner (Department of Planning Services) - 20- The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articled and II, of the Weld County Code (Development Review) 21 The accesses to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking (Development Review) - 22 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized (Development Review) __ 23 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) 24 The Property Owner shall comply with all requirements provided in the executed Improvements and Road Maintenance Agreement (Development Review) Resolution USR24-0013 Prospect Solar, LLC Page 19 25 The Improvements and Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates (Development Review) 26 Access may be along unmaintained County right-of-way Maintenance of such right-of-way will not be the responsibility of Weld County (Development Review) 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 (Development Review) 28 Weld County is not responsible for the maintenance of on -site drainage related features (Development Review) 29 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 (Department of Public Health and Environment) 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, 30-20-100 5, C R S (Department of Public Health and Environment) 31 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 (Department of Public Health and Environment) 32 Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction of the facility (Department of Public Health and Environment) 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, Colorado Department of Public Health and Environment, as applicable (Department of Public Health and Environment) 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 (Department of Public Health and Environment) 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 (Department of Public Health and Environment) 36 For employees or patrons on site for less than 2 consecutive hours a day, and 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 (Department of Public Health and Environment) 37 The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code (Department of Public Health and Environment) 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 Resolution USR24-0013 Prospect Solar, LLC Page 20 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 (Development Review - Floodplain) 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 (Development Review - Floodplain) 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 (Department of Planning Services) 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 has been adopted by Weld County 2018 International Building Codes, 2018 International Energy 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 for review A Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be required or an Open Hole Inspection A building permit must be issued prior to the start of construction (Department of Building Inspection) 42 Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs (Department of Planning Services) 43 All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended (Department of Planning Services) 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 (Department of Building Inspection) 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 (Department of Planning Services) 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 (Department of Planning Services) - 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 (Department of Planning Services) - - - 48 Construction or Use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) 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 Resolution USR24-0013 Prospect Solar, LLC Page 21 Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant (Department of Planning Services) 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 (Department of Planning Services) 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 (Department of Planning Services) 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 (Department of Planning Services) Summary of the Weld County Planning Commission Meeting Tuesday, October 1, 2024 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair Butch White, at 1:30 p.m. Roll Call. Present. Butch White, Michael Wailes, Virginia Guderjahn, Barney Hammond, Michael Biwer, Cindy Beemer. Absent: Pamela Edens, Michael Palizzi. Also Present: Chris Gathman and Diana Aungst, Department of Planning Services, Lauren Light, Department of Health, Karin McDougal, County Attorney, and Kris Ranslem, Secretary. Case Number: Applicant Planner: Request: Legal Description: Location: USR24-0013 Prospect Solar. LLC Diana Aungst A Site Specific Development Plan and Use by Special Review Permit 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. The Solar Facility encumbers the E1/2 NW1/4 the SW1 /4, and the NE1/4 /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. Generally located between County Road 67 and County Road 75: and between County Road 2 and County Road 6. Diana Aungst, Planning Services, presented Case USR24-0013, reading the recommendation and comments into the record. Ms. Aungst stated that the solar facility will be located on approximately 1500 acres, which is comprised of seven (7) privately owned properties. Ms. Aungst stated that during the 24 -to -36 -month construction period there will be 300 to 450 workers at the site. A security fence would be installed around the perimeter of the project. Ms. Aungst noted that the Prospect solar project is south of and adjacent to the Janus solar project. A Decommissioning and Reclamation Plan along with a cost estimate was submitted with the application materials. An Emergency Response Plan was also submitted and the Office of Emergency Management is currently reviewing this plan and requesting revisions. 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 landscape screens. Ms. Aungst noted that property owners within 1,320 feet were notified of the proposed project. Staff has received four (4) letters of support and 11 letters of objection. The letters outline concerns about wildlife and the environment, property values, aesthetics and solar farm stigma, water runoff, leaching of hazardous materials, chemical spills, toxic material release, dust, noise, vibration. increase truck traffic during construction, glint and glare, heat affects, electromagnetic interference, light pollution, conflicts with future land use plans. change in quality of life and sustainability farming. The applicants did conduct public outreach which included individual neighbor meetings and a neighborhood open house meeting. The Open 1 House meeting was held on July 5, 2023 where eight (8) surrounding property owners attended and expressed their concerns with the application Mr Aungst said that the submittal to the County includes mitigation actions for aesthetics, wildlife, soils, dust, noise and wetlands and waterways The Department of Planning Services recommends approval of this application along with conditions of approval and development standards Commissioner Beemer referred to the squiggly parcel and asked if that's where the Sand Creek runs through Ms August replied yes Ms Beemer said that it looks like the parcel to the east of that is owned by the United States and asked if that is part of the WAPA Ms Aungst said that it is not and added that it is owned by the state or federal government Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan She added that an Air Pollutant Emissions Notice (APEN) will be required and weed control would consist of mechanical methods, such as moving Noise modeling was not included in this application so this facility would comply with Section 14 of the Weld County Code and would be regulated under the agricultural noise levels of 55 decibels during the day and night Ms Light noted that if Staff would receive a noise complaint, then it would be measured at the boundary of the property from which the complaint is issued Maggie McKenna, Chief Operating Manager Horus Energy and Vice President of Prospect Solar, LLC, 405 Brunswick Avenue, Calgary, Canada Jeremy Call, Logan Simpson Consultants, 123 Linden Street, Ft Collins, Colorado Ms McKenna stated that they appreciated the public comments heard in relation to the Janus project She said that unless there are additional specific comments for this application on behalf of the landowners who are in support they are requesting that their comments could be applied to the record for the Prospect project in respect of everyone's time The Chair agreed and also asked that the applicant's presentation be condensed Ms McKenna said that this project is located on 1500 acres and will generate up to 199 megawatts This project will connect to Tn-State's 230kV transmission line that is already passing through this site Mr Call added that they have received six (6) letters of support and provided them for the record He stated that the applications for Janus and Prospect are independent of one another, however, they recognize that the studies are written for both projects to show a maximum development scenario so the total accumulative affects can be recognized and anticipated Commissioner Hammond asked if Tn-State will be buying the power Ms McKenna said that they will be entering into an Interconnect Agreement with Tn-State to put power on their lines Commissioner Beemer asked who will purchase the power from this energy Ms McKenna said that it hasn't been determined yet but they are talking to local utilities in the area and bigger corporations She added that it is difficult to have those conversations without the necessary permits in place as the power purchasers want to know exactly when they can anticipate having power delivered to them Commissioner Beemer referred to the estimated 18 months of construction and asked when the range of construction is expected to start Ms McKenna said they hope to start next year but there is a chance it could slip into 2026 She added that they want to move to construction as quickly as possible Commissioner Beemer asked if there is anything that limits what the property owners can do with their land while you are waiting Ms McKenna said that they are free to continue using their land or farm it as long as it wouldn't interfere with the future use of the land Commissioner Beemer asked if there is a timeline where this approval expires if construction doesn't start Ms Aungst said that in the resolution they have 120 days from the date of the Weld County Commissioners' 2 signature to get everything done but there are some development standards included that they have three (3) years to start digging and then if they don't and staff is aware of it then it can be brought to the Board to be revoked Mr Call said that with connecting to two utilities, WAPA and Tn-State, they contain expensive complicated equipment like transformers, and some of that could be backordered up to two years So that makes it difficult to deliver a hard construction start date to the county within that three-year period He added that they will likely have to ask for an extension and said that they would be happy to come back and demonstrate good faith progress at year three The Chair asked if there was anyone in the audience who wished to speak for or against this application Brian Mundhenke, 37915 CR 4, stated that he is extremely concerned for the amount of traffic that the currently undermaintained roads will take on along with the 300 to 500 people that will come in and what that will do to crime rates and police response times Mr Mundhenke said that he is disappointed as some members of the Planning Commission showed some reservation on the first application and then approved it Clint Nolan, 1083 CR 67, stated that he is very concerned with traffic as it is a very dangerous road He added that some of these roads are traveled by tractors and worried about the dangers with traffic Mr Nolan noted that someone has applied dust abatement on County Road 67 going into Adams County and added that the road is trashed as they did a horrible job Paul Swank, 3895 CR 51, stated that he supports this project (see specific comments in Janus Solar Project) Kelsey Singleton, 43047 Highway 52, Roggen, Colorado, stated that they believe with proper planning, implementation and monitoring through all pre -construction, construction, and operation and maintenance, revegetation, soil stabilization as well as eco-system sustainability can be achieved on both projects Harold Erker, 6001 CR 73, Roggen, Colorado, stated that he supports this project (see specific comments in Janus Solar Project) Commissioner White referred to the concern on the roads and asked if County Road 4 will be upgraded Mike McRoberts, Development Review, said that they will be looking at all of the haul routes and will determine what upgrades will be required The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those The applicant replied that they are in agreement Motion Forward Case USR24-0013 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Michael Biwer, Seconded by Barney Hammond Vote Motion carried by unanimous roll call vote (summary Yes = 6) Yes Barney Hammond, Butch White, Cindy Beemer, Michael Biwer, Michael Wailes, Virginia Guderjahn Meeting adjourned at 4 26 p m Respectfully submitted, 45\i66,11 Al1dliku Kristine Ranslem Secretary 3 ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip 3eYL,�,� call it) �;.,.dt,... Spa-, s�..;k, moo. it �szS 1.4 4„s�'�n_�� ea; t.3 bakti ��,.a!_@ a- )9 ik&avee e Locicidn C.; e• -t son -cern ( t2.111C iscnY?lC tk"QErkeK `ta5f±tCab' d%RueasCaT1A7 ICJ' J �� JtjrckecQicIou¼tL c o rn fI4(ofd (,ccI Ci 73 Ro5 Fee Co BdGS'L Eckh Erlar . ., 0001 f.,K l 3 QCID W G 5-2 Ccsc4, SA �:J.,/cvt1/4151��15� ca Mis,c--o irIre e n4 O ,-t iSln .ft��AYl Ks/ill/rip, h -s.P.� ��7 }� d(0 coSi� �b 000 2 144'.\ Aue_ ORA-Zed-CC th *a \ 1 e->kk tDC 02 o(.e We --k zacr MeiucGaol.CO vn 1kAur CO 99uo1 Ed -env,ciok %-0t07_, IKCLAt c r \t\tr y 5i 9 e i 444' Amt' (ii- Cc oz. yot 4 itsc “vd_. A k 1031 ck s , Ativietib4n co 0sti,1 4 fbesuthr►Es- /7/1,4 ,,ths.tri k jig/ a 61 Afa1/205 64, z o lwwy e/Jet/ iv,\I•arti r2Nyothi\i&cs ma,\ ,com ! b 4s 3 GC_Clity kcene5latir. Co Socscf 3 Alier 11 Avc Alta-IMat mos. ea -n seireriit 5)fig‘r, ee .A. l sw6tak_ 3 r‘ 64 ct Keterte5i)a (LO $v b y 7 nu S Asti) 4i SAA Witattift 16 -)ti ( r 7oad1f �Q G�,4�1 (0 �� `12--4(PlDUhJIt7TZ1L4AWJ'Q i a 1 j ttrJr1/2k:, -%tr-S ' 2,2A-03 Z t_A1e>1/4t ��-)n j2) S)- (ThL731 itif 1/4 tc) 5W M0UA intuit) ar---a3 unAel,k,e it 27.0coa \-Bukyoutlf 1 1 %‘,L --)nu r c,0 37'?! �i a V �444A-A, _ th S-4 r Zrni fr/iis.IA tfr-x./a�a% r�v"nt�rKJ { �S SiS� �Co _ Swaii aSlotivA 441� 4 Lki,m,„,.., L ( C, A/C r d 1063 , co U K• ^7 *scam Hello