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Home My WebLink About20242750.tiffMEMORANDUM TO: Chris Gathman, Planning Services FROM: Melissa King, P.E., CFM, Development Review DATE: July 9, 2024 SUBJECT: USR24-0012 1041 Janus Solar Facility 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: A Site Specific Development Plan and Use by Special Review Permit for a 1041 Major Facility of a Public Agency, USR24-0012, including a 1041 80 MegaWatt AC Solar Energy facility on 700 - acres, a 20 Megawatt ac BESS (Battery Energy Storage System) , a step-up substation, transformer and maintenance facilities and a 155kV electrical line connection to the existing Sand Creek Switching Station.. Parcel numbers: 147930000001; 147724300016; 147725000007; 147725100011; 147725200002 Lot B RECX11-0028. . ACCESS According to the application materials, accesses for the project will onto CR 71 and CR 73. Note that access permits are only issued for locations that are on County -maintained roads. Obtain access permits that meet the Minimum Access Spacing Criteria, as specified in Table 1 below. The proposed use of existing non -maintained right-of-way in order to access a maintained county road location may result in required upgrades to the existing unmaintained roadway. ACCESS Sec. 8-14-30. Table 1 Minimum Access Spacing Criteria (Feet) Access Element Arterial Collector Local Distance between intersections Signalized 2,640 N/A N/A Unsignalized 1,320 1,320 330 Distance between accesses and intersections 660 660 330 Distance between access points 660 330 150 Distance between access points in subdivisions 660 330 75 Per Section 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We strongly encourage you to discuss your access with Development Review prior to laying out your site plan to ensure the approved accesses are compatible with your layout. Minimum access and intersection spacing requirements are shown in Weld County Code, Section 8-14-30, Table 1. Please refer to Chapter 8 of the Weld County Code for more information regarding access. A revised site plan, that calls out access onto maintained roadways, shall be submitted. ROADS AND RIGHTS -OF -WAY; County Road 4 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which require 60 feet of right-of-way. The applicant shall delineate and label on the USR map the future and existing rights -of -way (along with the documents creating the existing right-of-way) and the physical location of the road. If any 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 future right-of-way line. Be aware that the physical roadway may not be centered in the right-of-way. This road is maintained by Weld County. West of CR 73, County Road 4 right -of way exists but is not maintained by Weld County. (See below). S ection line right-of-way does not exist in all sections in Weld County and should be verified before a decision to utilize it is made. Weld County commonly refers to these locations as "Non -Maintained Section Line Right -of -Way." The existence of a physical road does not imply public right-of-way and the road may be located on private property. All right-of-way should be verified and physical roads located in relationship to the public right-of-way to ensure trespassing does not occur. The applicant shall verify the existing right- of-way and the documents creating the right-of-way and this information shall be noted on the map. The applicant shall delineate on the USR map the existing right-of-way and physical location of existing or proposed roads. If the right-of-way cannot be verified it shall be dedicated or an adequate easement between property owners shall be provided. Pursuant to the definition of setback in the Weld County Code, S ection 23-1-90, the required setback is measured from the future right-of-way line. Be aware the physical roadway(s) may not be centered in the right-of-way. This road is NOT maintained by Weld County. S outh of CR 8 for approximately 7,200 feet, County Road 71 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 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. If any 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 future right-of-way line. Be aware that the physical roadway may not be centered in the right-of-way. This road is maintained by Weld County. S outh of the maintained 7,200 feet, County Road 71 right -of way exists but is not maintained by Weld County. (See below). Section line right-of-way does not exist in all sections in Weld County and should be verified before a decision to utilize it is made. Weld County commonly refers to these locations as "Non - Maintained Section Line Right -of -Way." The existence of a physical road does not imply public right-of-way and the road may be located on private property. All right-of-way should be verified and physical roads located in relationship to the public right-of-way to ensure trespassing does not occur. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the map. The applicant shall delineate on the USR map the existing right-of-way and physical location of existing or proposed roads. If the right-of-way cannot be verified it shall be dedicated or an adequate easement between property owners shall be provided. Pursuant to the definition of setback in the Weld County Code, Section 23-1-90, the required setback is measured from the future right-of-way line. Be aware the physical roadway(s) may not be centered in the right-of-way. This road is NOT maintained by Weld County. It is noted that the existing CR 71 right-of-way and the proposed site plan overlap. Specifically, the site plan includes development within the right-of-way. Review the site plan and revise. County Road 73 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 USR map the future and existing rights -of -way (along with the documents creating the existing right-of-way) and the physical location of the road. If any 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 future right-of-way line. Be aware that physical roadway 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.B, a Weld County Right -of -Way Use Permit is required for any project that will be occupying, constructing, or excavating facilities within, and or encroaching upon, any County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at: https://www.weld .gov/Government/Departments/Public-Works/Permits/Right-of-Way-Permits. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. TRAFFIC There are no available traffic counts for the roadways in this area. Construction Traffic Generation According to the Traffic Study Letter submitted by the applicant, construction traffic will consist of approximately 300 passenger car daily roundtrips of commuting construction workers, approximately 15 heavy truck daily roundtrips delivering material and equipment, and 15 water truck daily roundtrips for dust control. Construction is estimated to take approximately 24 to 36 months. Post -construction Traffic Generation According to the Traffic Study Letter submitted by the applicant, this will be an unmanned facility having weekly site visits of one employee entering and exiting the site throughout the day on the day of the visit. The number of visits to the facility is not expected to exceed 10 trips per month. The submitted Traffic Study Letter is under review by CD0T and the County. An acceptable Final Study Letter shall be submitted. This Letter shall specify permittable access points and updated haul routes. 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 feet of road base, or road base on all driving surfaces. Temporary tracking control shall be used during construction unless permanent tracking control is installed ahead of construction activities. Recycled concrete is not allowed in County right-of-way. Tracking control for unmaintained public right-of-way is required just prior to entering publicly maintained roadways. A variance request for alternatives to the tracking control requirement can be submitted to Development Review for review and consideration. IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT WITH UP -FRONT IMPROVEMENTS Development Review is requesting an Improvements and Road Maintenance Agreement for dust control, damage repairs to specified haul routes, and up -front off -site improvements. Up -front off -site improvements will be determined based on the haul routes associated with the revised site plan An example Improvements and Road Maintenance Agreement is available at: https://www.weld.gov/Government/Departments/Planning-and-Zoning/Improvements-Agreements The agreement will detail the approved haul route(s), outline the required up -front off -site improvements, designate when other off -site improvements may be triggered, and include a maintenance agreement for the haul routes. DRAINAGE REQUIREMENTS This area is within a Non -urbanizing Drainage Area. Non -urbanizing Drainage Areas typically require detention of stormwater runoff from the 1 -hour, 100 -year storm event falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 10 -year storm event falling on the undeveloped site having a 2% impervious value. The applicant has submitted a preliminary drainage report. An acceptable Final Drainage Report stamped and signed by a Colorado Licensed Professional Engineer is required prior to recording the USR map. The drainage report must include a Certificate of Compliance stamped and signed by the P.E. A Certificate of Compliance form and Drainage Review Checklist form can be found at: https://www.weld.gov/Government/Departments/Planning-and-Zoning/Development-Review/Drainage- Review Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist on the property. GRADING PERMIT A Weld County Grading Permit will be required if disturbing more than one (1) acre of land. Grading Permit applications are accepted after the planning process is complete (map recorded). An Early Release Request Form may be entertained only after the applicant, Public Works 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 Development Review for more information. CONDITIONS OF APPROVAL A. A revised site plan, that does not show development within the unmaintained right-of-way for CR 71, shall be submitted. (Development Review) B. 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) C. 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) D. A Final Traffic Study, stamped and signed by a Professional Engineer registered in the State of Colorado, is required. (Development Review) E. The USR map shall be amended to delineate the following: 1. 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) 2. South of CR 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) 3. 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) 4. 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) 5. 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) 6. Show and label the approved tracking control on the USR map. (Development Review) 7. 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) 8. 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) 9. Show and label the drainage flow arrows. (Development Review) 10. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Development Review) Prior to Construction: A. A Right-of-way Use Permit shall be acquired, if applicable. 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) DEVELOPMENT STANDARDS (NOTES ON THE USR MAP) 1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review) 2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Development Review) 3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Development Review) 4. 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) 5. The Property Owner shall comply with all requirements provided in the executed Improvements and Road Maintenance Agreement. (Development Review) 6. 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) 7. 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) 8. 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) 9. Weld County is not responsible for the maintenance of on -site drainage related features. (Development Review) Weld County Department of Public Health and Environment Memorandum To: Chris Gathman From: Lauren Light, Environmental Health Services Date: July 9, 2024 Re: USR24-0012 Applicant: Multiple Landowners, c/o Horus Energy dba Janus Solar, LLC Environmental Health Services has reviewed this Site -Specific Development Plan and Use by Special Review Permit for a 1041 Major Facility of a Public Agency, including a 1041 80 MegaWatt AC Solar Energy facility on 700 -acres, a 20 Megawatt ac BESS (Battery Energy Storage System) , a step-up substation, transformer, and maintenance facilities and a 155kV electrical line connection to the existing Sand Creek Switching Station. 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 and remain on site for operations if necessary. 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. If the facility can not comply with Environmental Health policy, then permanent water and sewer is required. A dust mitigation plan was submitted which indicates dust control chemicals, lower speed limits and vehicle tracking devices will be utilized. An Air Pollutant Emission Notice (APEN) has been submitted to CDPHE. Weed control may consist of mechanical methods such as mowing, application of herbicides and biological such as introduction of insects. Noise modeling was not included with the application. The facility shall comply with Sec. 14- 9-40 of the Weld County Code, non -specified area, which is 55 db(A) from 7 a.m. to 9 p.m. and 50 db(A) from 9 p.m. to 7 a.m. If a noise complaint is received it will be measured at or within the boundary of the property from which the noise complaint is made. According to the application during construction an enclosed area will be utilized to control blowing debris. "All construction waste, including trash and litter, garbage, sanitary waste, other solid waste, petroleum products, and other potentially hazardous materials will be 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6410 weldhealth.org Public Health I-{,EALTy PHAB Hdr4ir.-_ing pax hrxhJ pvrj rmanzr ifm ett " 14CCRLO� RLO�r O Weld County Department of Public Health and Environment removed from the site and transported to a disposal facility authorized to accept such materials." During operation any waste will be removed by maintenance staff. Environmental Health Services recommends the following requirements are incorporated into the permit as development standards: 1. 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. 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. 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. 4. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction of the facility. 5. 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. 6. 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. 7. 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. 8. 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 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6410 weldhealth.org Public Health k -c t EALTy PHAB Hdr4ir.-_ing pax hrxhJ pvrj rmanzr ifm ett y r O 14CCR %Ir Weld County Department of Public Health and Environment 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. 9. 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 �1,EALTy `,640 k PHAB Hdr4ir.-_ing pax hrxhJ pvrj rmanzr ifm ett ct a Elf)" O 14CCR %r MEMORANDUM TO: Chris Gathman DATE: July 1, 2024 FROM: Melissa J King, PE, CFM, Development Review SUBJECT: USR24-0012 1041 Solar Energy Facility on Erker Property PROJECT: A Site Specific Development Plan and Use by Special Review Permit for a 1041 Major Facility of a Public Agency, USR24-0012, including a 1041 80 MegaWatt AC Solar Energy facility on 700 -acres, a 20 Megawatt ac BESS (Battery Energy Storage System) , a step-up substation, transformer and maintenance facilities and a 155kV electrical line connection to the existing Sand Creek Switching Station. PARCELS: 147930000001, 147724300016, 147725000007, 147725100011, 147725200002 Lot B Corrected RECX11- 0028. FLOODPLAIN: Development associated with this 1041 Solar Facility is to be located on and/or in the unmapped/unstudied 100 -year floodplain of Sand Creek, Lost Creek, and associated unnamed tributaries. It is noted that the 100 -year floodplain (Zone A) study areas do not extend beyond just south of CR 14 as depicted on FEMA Firm Panels 08123C -2185E and 08123C - 2205E, revised January 20. 2016. The southern limit of the study areas does not imply that there is no 100 -year floodplain to the south, but only that no additional studies in this area have been completed. Based on the nature of the proposed facility (i.e. a crtitical facility by definition in Sec 23-1-90) and based on the potential for 100 -year flooding in this area, a floodplain hazard development permit is required. CONDITION OF APPROVAL: New construction of a critical facility and associated infrastructure in the 100 -year floodplain require a Flood Hazard Development Permit. (Development Review - Floodplain) DELINEATE ON THE SITE PLAN: 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) DEVELOPMENT STANDARDS: 1. Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Maps. Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. (Development Review - Floodplain) 2. 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) Chris Gathman From: Sent: To: Cc: Subject: Thanks Roy. Diana Aungst AICP, CFM Principal Planner Diana Aungst Monday, September 9, 2024 6:52 PM Roy Rudisill David Burns; Chris Gathman RE: Referral Agency Email Weld County Department of Planning Services 1402 N 17th Ave, Greeley, CO 80631 D: 970-400-3524 I O: 970-400-6100 daungst@weld.gov I www.weld.gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Roy Rudisill <rrudisill@weld.gov> Sent: Monday, September 9, 2024 4:26 PM To: Diana Aungst <daungst@weld.gov> Cc: David Burns <dburns@weld.gov> Subject: RE: Referral Agency Email Hi Dianna, I was able to connect with Chief Beach and as a part of the referral from OEM the company needs to provide adequate training for first responders on the BESS units on site. We also request a completed and up to date Emergency Plan. Roy Rudisill, Director Office of Emergency Management 1150 O St. Greeley, Co 970-381-0417 Mobile 970-304-6540 Office rrudisill@weidgov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 Diana Aungst From: Roy Rudisill Sent: Monday, September 9, 2024 11:08 AM To: Diana Aungst Cc: David Burns; Roy Rudisill Subject: RE: Referral Agency Email USR24-0012 and USR 24-0013 Follow Up Flag: Follow up Flag Status: Flagged Hi Dianna, I have a call into Fire Chief Beach with SE Weld Fire to get some information from him. Until I hear from Chief Beach, I have the following recommendations. The facility will require to have an Emergency Response Plan (ERP), I did see a draft plan and we can work with this template. The main concern I have is with the BESS Units on site. I would like to make sure the Fire department is provided the proper training to deal with a hazmat emergency call for these types of units. I will work with the Fire Department and the Facility operator on the ERP, and we need this ERP completed prior to construction due to the risks associated with the placement of the BESS units. I will let you know as soon as I hear back from Chief Beach, on needed training and coordination. Let me know if you have any questions. Roy Rudisill, Director Office of Emergency Management 1150 0 St. Greeley, Co 970-381-0417 Mobile 970-304-6540 Office rrudisill@weld.gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Diana Aungst <daungst@weld.gov> Sent: Monday, September 9, 2024 10:05 AM To: Roy Rudisill <rrudisill@weld.gov> Subject: FW: Referral Agency Email H i Roy: Please provide comments on these two USRs — USR24-0012 and USR24-0013. The total is about 2,200 acres of solar with two substations and switching yards along with Battery storage (BESS). 1 Thanks, Diana Aungst AICP, CFM Principal Planner w` -: 18.6i AV Weld County Department of Planning Services 1402 N 17th Ave, Greeley, CO 80631 D: 970-400-3524 I 0: 970-400-6100 daungst@weld.gov I www.weld.gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: noreply@weld.gov <noreply@weld.gov> Sent: Tuesday, June 11, 2024 1:37 PM To: Diana Aungst <daungst@weld.gov> Subject: Referral Agency Email This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. The Weld County Planning Department has received a Planning Use By Special Review application, case44 USR24-0013 and USR24-0012, in which your agency may have an interest. Planning staff requests you review the application materials, and return the Referral Form to Diana Aungst by the date specified on the Referral Form attached in the online permitting center. To view application materials, visit https://aca-prod.accela.com/WELD/Default.aspx or navigate to weldgov.com > departments > planning and zoning > online e -permitting. Then, * Click on "Planning" tab on the menu bar * Under General Search, type case# USR24-0013 or USR24-0012, into the Record Number box and search * Click on the "Record Info" arrow drop -down menu * Click on "Attachments" to review the application materials If you have any questions, please contact your assigned planner: Diana Aungst at 970-400-6100 Thank you, Diana Aungst 1402 North 17th Ave Greeley, CO 80631 970-400-6100 daungst@weld.gov 2 Diana Aungst From: Roy Rudisill Sent: Monday, September 9, 2024 4:26 PM To: Diana Aungst Cc: David Burns Subject: RE: Referral Agency Email Hi Dianna, I was able to connect with Chief Beach and as a part of the referral from OEM the company needs to provide adequate training for first responders on the BESS units on site. We also request a completed and up to date Emergency Plan. Roy Rudisill, Director Office of Emergency Management 1150 O St. Greeley, Co 970-381-0417 Mobile 970-304-6540 Office rrudisill@weld.gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Diana Aungst <daungst@weld.gov> Sent: Monday, September 9, 2024 10:05 AM To: Roy Rudisill <rrudisill@weld.gov> Subject: FW: Referral Agency Email H i Roy: Please provide comments on these two USRs — USR24-0012 and USR24-0013. The total is about 2,200 acres of solar with two substations and switching yards along with Battery storage (BESS). Thanks, Diana Aungst AICP, CFM Principal Planner Weld County Department of Planning Services 1402 N 17th Ave, Greeley, CO 80631 D: 970-400-3524 I O: 970-400-6100 daungst@weld.gov I www.weld.gov 1 Submit by Email Weld County Referral June 11, 2024 The Weld County Department of Planning Services has received the following item for review: Applicant: Multiple Landowners, c/o Horus Energy Case Number USR24-0012 dba Janus Solar, LLC Please Reply By: July 9, 2024 Planner: Chris Gathman Project: A Site Specific Development Plan and Use by Special Review Permit for a 1041 Major Facility of a Public Agency, USR24-0012, including a 1041 80 MegaWatt AC Solar Energy facility on 700 -acres, a 20 Megawatt ac BESS (Battery Energy Storage System) , a step-up substation, transformer and maintenance facilities and a 155kV electrical line connection to the existing Sand Creek Switching Station. Parcel Number: 147930000001-R6544986 Legal: The Solar Facility encumbers the W1/2 of Section 30, Ti N, R62W; SW1/4 of Section24, Ti N, R63W; Part of the N1/2 and the SW4 of Section 25, Ti N, R63W of the 6th P.M., Weld County, Colorado. Location: East of and adjacent to County Road 71; 0.5 miles south of County Road 8; 0.5 miles west of County Road 75 Section Line; 0.5 to 1 mile north of County Road 4. 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. 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 ��becca Seats Agency Weld County Oil & Gas Energy Department Date 6/18/2024 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: USR24-0012 Associated Parcel: 147930000001-R6544986 OGED Reviewer: Rebecca Sears Review Date: 6/18/2024 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 includes zero (0) active oil and gas wells, listed in Table 1 below. OGED requests that the Applicant coordinate operations in proximity to existing wells and production facilities with the operator(s) of these wells. 3. The parcel includes two (2) plugged and abandoned (PA) wells listed in Table 1 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 05-123-19482 Kerr McGee Oil & Gas Onshore HSR-JMJ #3-30 PA 05-123-19578 Ker McGee Oil & Gas Onshore HSR-Erker #6-30 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 June 11, 2024 The Weld County Department of Planning Services has received the following item for review: Applicant Multiple Landowners, c/o Horus Energy, dba Peeped Solar, LLC Please Reply By; July 9, 2024 Case Number: 1SR24 0013 LK.Sitikk--00ka Planner Diana Aungst Project: A Site Specific Development Plan and Use by Special Review Permit for a 1041 Major Facility of a Public Agency, U5R24-0O13, including a 199 megawatt AC Solar Energy Facility (SET) on 1500 acres, a 1O0 megawatt AC BESS (Battery Energy Storage System), a step-up substation, transformer and maintenance facilities, and a 230W interconnecting transmission line to connect to a new Tri- State Switching Station, outside of subdivisions and historic townsites in the A (Agricultural) Zone District a Prospect LLC Parcel Number Multiple Parcels Legal: The Solar Facility encumbers the W1/2 and the NE1/4 of Section 30, T1'N, R62W; the 51/2 of Section 25; the SE1/4 of Section 26; AU of Section 35; and the NE1/4 of Section 34, all located in T1N, R63W of the 6th P.M, Weld County, Colorado. Location: Generally located between CR 67 and CR 75 and between CR 2 and CR 6. 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. ,'+e 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 Agency Southeast Well Conservation District Date 08/13/2024 Weld County Planning Dept PO Box 158, Greeley, Co 80632 Tel:(970) 400-6100 Fax:(970)-304-6498 Southeast Weld Conservation District P.O. Box 381, Keenesburg, CO 80643 970-427.3358 ♦ sewalcotogrnail.com Weld County Planning Department 1402 North 17th Avenue Greeley, CO 80631 August 1311% 2024 To Whom in May Concern: The Southeast Weld Conservation District previously sent in a letter regarding the Prospect Solar, LLC Use by Special Review Application. The District would like to make the recommendation that the applicant conserve natural resources to the best of their ability through the implementation of a revegetation and soil conservation plan, which may include but not be limited to the following practices: pm -planting grass seed, installing hedgerows or windbreaks, and practicing soil conservation measures. Please let us know if you have any questions or concerns. Sincerely, Madeline H f an District Manager RECEIVED AUG i 1. 2024 Weld County Planning Depatnent Jessica Reid From: Sent To: Cc: Subject, Attachments: Hi Jest Diana Aungst Thursday, October 10 2024 2:54 PM Jessica Reid; Chris Gathman; Esther Gesick; Chloe White; Jan Warwick Maxwell Nader RE: USR24-0012 Soils Referral - do you have any comments? l.USR24-001 g Soils g-13�24.pdf The attached is the original referral from Southeast Weld Conservation District for USR24-0013. This is also relevant for USR24-0012. Please let me know if you have any questions. Thanks, Diana iliingst MCP, CFM Principal Planner Wald County Department of Planning Services '1402 N 17th Ave, Greeley, CO 80631 D: 970-400-35241O: 970400-6100 dauno Id.o I wwvy•weld.gov Confidentiality Notes: This electronic transmission and any attached documents or other wrid nos are Intended only for the person or entity to which it is addressed and may contain Information that Is privileged, confidential or otherwise protetted from disclosure. If you hive received this communication in error, please immediately notify sender by return e,rnail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communion or any attachments by anyone other than the named recipient Is strictly prohibited. From: Jessica Reid ireird@weid.gov> Sent: Thursday, October 10, 202412:36 PM To: Chris Gathman <cgathman@wld.go ; Diana Aungst <daungst t weld.gov?; Esther Gesick egesick@weld.gov> Chloe White cc hite.r eld.go ; Jan Warwick cJ arwick@weidagov> Cc: Maxwell Nader <mnader@weldeg> Subject: USR24-0012 Soils Referral e do you have any comments? Hi Diana, I have a note that you are taking this one over In Chris' absence. Can you please review the email thread below and provide any insight? 1 will begin downloading from Acceia'hearing prep for this one on Monday. Jess Reid Deputy Clerk to the Board Weld County 1150 O Street Greeley CO 80631 let 970400-4212 1 Confidentiality Notice: This electronic transmission and any attached documents or other writings are Intended only for the person or entity to which it is addressed and may contain information that Is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return eemail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Jessica Reid Sent: Monday, October 7, 2024 9:56 AM To: Chris Gathman <caathmanaweld vv>; Diana Aungst <daunest weld.gov>; Esther Gesick <egesick@weid.gov>; Chloe White < hite#weld.aoy>; Jan Warwick <M varwick weld.gov> Subject: USR24-O012 Soils Referral ai do you have any comments? Hi Chris, Are you expecting an actual referral response from the Conservation District for USR24-0012? i'rn not sure this email will be sufficient for informational purposes for the Board. Jess Reid Deputy Clerk to the Board Weld County 1f50OStreet Greeley, CO 80631 tel:9704400-4212 Confidentiality Notice: This electronic transmission and any attached documents or other writings are Intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please Immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chris Gathman < are weid.Qov> Sent: Monday, October 7, 2024 8:06 AM To: Jessica Reid se ,; E weld,.gov>; Diana Aungst < lfaun}tsteweld.gov>; Esther Gesick <eg ickSwjgav>; Chloe White cpwhite weld.aov ; Jan Warwick < a rwick weld.gpv> Subject: FW: USR24-0012 Soils Referral - do you have any comments? From: Southeast Weld Conservation District <sewc rnail,cpmm> Sent: Friday, October 4, 2024 7:09 PM To: Chris Gathman < ,man rireld. go v> Subject: Re: USR24-0012 Soils Referral - do you have any comments? 2 Caution This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Chris, I'm sorry for the delayed response - I had a family emergency and took a few weeks off. Yes, our response would be similar for the Janus application. Hope this isn't too late! Best, Madeline Madeline Hagan, District Manager Southeast Weld Conservation District PO Box 381 Keenesburg, CO 80643 Office: 970-427-3358 Cell: 720-361-6418 https://www.facebook.com/sewcd/ On Sun, Sep 15, 2024 at 1:02 PM Chris Gathman <cgathman@weld.gov>wrote: Dear Madeline, I am processing USR24-0012 (Janus) in conjunction with USR24-0013 (that is being processed by Diana). Both of the USRs are for solar facilities and are located adjacent to each other. They are under the same parent company (Horus LLC) and are scheduled to be heard at the same time on 10/1/24 (Planning Commission) and 10/23/24 (Board of County Commissioners). I was going back through the record and could not find a referral response in my records. I have attached the USR24-0013 referral — would your conditions be similar/the same for USR24-0012? Thanks! Chris Gathman Planner III 3 From: Tom Beach To: Chris Gathman Subject: USR24-0012 Date: Wednesday, June 12, 2024 7:29:59 AM Attachments: Referral Form (1).pdf Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Chris, They will be required to go through our process of plan review/fees and inspections prior and during construction. Regards, Tom Tom Beach, Fire Chief Southeast Weld Fire District 95 W. Broadway Avenue Keenesburg, Colorado 80643 (303) 732-4203 Office (970) 939-0347 Cell https://urldefense.com/v3/ http://www.seweldfire.org ;! !KFsiObvCuhO!_sT4cgJmR1- VUzej irtIb2lzKQiAV9b 8AFFPCIBCGJ7-2j USimPWH5rj 5wckoHtfKZKUjna8tVdrTOY7r 1 xl$ This electronic communication (including attachments) is intended solely for the person or the persons to whom it is addressed and may contain confidential information. If you receive this communication in error, you are prohibited from disseminating or copying this communication (including attachments), please notify the sender that you received this email in error and delete this communication from your system. Diana Aungst From: Sent: To: Cc: Subject: Attachments: Follow Up Flag: Flag Status: Emily Bitler <ebitler@logansimpson.com> Wednesday, September 18, 2024 1:34 PM Diana Aungst Francesco Cardi; Mark Prichard; Margaret McKenna Re: Fire and Water Meeting_Minutes_Fire Department_July 6th 2023 (1).pdf Follow up Flagged Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. There is a water well onsite (see attached permits which were included in Appendix O of our application. As outlined in our application, "the Permit allots certain water usage from groundwater annually. This allocation is commensurate with what will be necessary to conduct ongoing panel and facility maintenance. Based on initial calculations, the amount of water needed per acre foot of land for the Project is much less than current annual agricultural uses for the Project site. It is also less than the average amount of water per acre of land needed to raise most crops (Figure 1). The Well Permit currently allows for domestic and irrigation use and for livestock watering, which will need to be amended to accommodate ongoing panel and facility watering needs. Horus and Mr. Madole are in close contact on this matter and have agreed to redesignate this well exclusively to the Project needs as part of their ongoing lease arrangement. These parties will work closely together, in conjunction with the Lost Creek Ground Water Management District and all other interested parties and landowners, to complete this change authorization. The Project team will develop all necessary information to support this change, including any past use records and replacement plan information. Towards that end, Horus has already been in informal discussions with DWR about this pending change. The Project team has a firm grasp of the basic steps needed to secure this authorized change and expects to encounter no issues or concerns in doing so. We will initiate this request well in advance of the time when the facility begins operation, with ample time to secure this change prior to startup. In the meantime, Mr. Madole will be able to continue to utilize the well for its current purposes. ". The project will use the well to fill the onsite water tank to be used for panel. cleaning but also to be used by the Fire Department in case of emergencies. We communicated with the Fire department and sent the project layout and water tank specs on July 14th and Oct 11th (see attached notes from meeting). The SE Weld Fire District has "reviewed the application and has no conflicts with their interests". The Weld County Office of Emergency Management has agreed to work with the project operator to finalize the Emergency Response plan prior to the start of construction (per referral. email). Emily Bitler (she/her) learn more Logan Simpson P: 970-449-4100 C: 970-222-0846 ebitler@Iogansimpson.com www.logansimpson.com 1 From: Diana Aungst <daungst@weld.gov> Sent: Wednesday, September 18, 2024 1:13 PM To: Emily Bitler <ebitler@logansimpson.com> Subject: Fire and Water i CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Emily: Please provide proof of an approved water source for the Fire District? Thanks, Diana Aungst AICP, CFM Principal Planner Weld County Department of Planning Services 1402 N 17th Ave, Greeley, CO 80631 D: 970-400-3524 I O: 970-400-6100 daungst@weld.gov I www.weld.gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 Francesco Cardi From: Sent To: Subject: Francesco Cardi 12 March 2024 13:07 Francesco Cardi FW: Meeting_Minutes_Fire Department_July 6th 2023 Meeting_Minutes_Fire Department_ July 6th 2023 Attendees • Tom Beach, Fire Chief at Southeast Weld Fire Protection District • Francesco Paolo Cardi, Horus Project Manager • Lane Sharman, Senior Advisor Meeting Notes • Horus Question: we have been asked from neighbouring landowners if the living fence of juniper trees may constitute a fire hazard. Can you please let us know your view and feedback on this? - Fire Dept Response: Juniper trees don't pose a fire hazard if alive. • Horus Question: What are your major concerns that we should integrate into the planning and development process for the projects? - Fire Dept Response: We are not familiar with utility -scale solar projects, so I will need to enquire with other fire districts (ie near Fort Lupton) to understand better their experience and potential concerns with utility -scale solar projects to answer this question. Based on experience, weeds and mitigation is a big concern for us. • Horus Question: There is a water well onsite, and therefore we are planning on utilising it by having a water tank to be used for panel cleaning but also to be used by the Fire Department in case of emergencies. What are your thoughts? - Fire Dept Response: A water tank on the projects site which can be used by the Fire District in the area would be very helpful. Horus 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. Also the Fire Department shall be allowed to enter at any time using a knox box key to open the gates (ie with a code and without the need of having material keys). Also the project layout must respect the Fire code spacing regulations to allow enough space for fire trucks to turn. • Horus Question: What are next steps? - Fire Dept Response: please send me a dwg and pdf layout of the projects and the Dust & Weed mitigation plan, so that we can review and provide comments. • Horus sent the requested information on July 14th 2023 and October 11th 2023 and no response was received to date. 1 From: Francesco Cardi To: Diana Aungst Cc: steve.gray@tristategt.orq; Chris Gathman; selina.koler@tristategt.orq; Mark Prichard; Emily Bitler Subject: RE: Referral comments from Tri-State USR24-0012 and USR24-0013 Date: Friday, June 28, 2024 6:44:26 AM Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Diana, Let me thank you and the Tri-State team for pointing out these matters on the project application. Please find below our responses in red for review. The Tri-State switching station will need to be larger than 2 acres. We typically require 10 to 15 acres for a switching station. Understood, thanks for letting us know. Please note the size of 2 acres was derived from our electric engineering team drawing on their previous EPC experience, as well as considering the size of the nearby WAPA substation of 1.3 acres, and other examples that led us to believe that acreage was sufficient. A meeting is scheduled on Tuesday 2nd July with Tri-State interconnection team t0 discuss the Facility Study results. We would like to take the opportunity of the meeting to ask further feedback from Tri-State on their preference for the switching station acreage, so to incorporate their comments into the project design and submit the updated switching station plan by Monday 8th July. If Mr. Gray would like to participate in that meeting, we would be grateful so to be able to ask questions and coordinate with both Tri-State interconnection and permitting departments on the switching station. Tri-State has concerns with the proposed Project schedule. 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. The goal of the meeting on July 2nd is to discuss the timeframe of the interconnection schedule. Thank you for letting us know your concerns. We understand Tri-State concerns due to the long lead times in the procurement of switches that are currently affecting the industry. Item 19 of the Questionnaire addendum states that Tri-State will permit, operate, and build a short 0.1 -mile long overhead 230kV gen-tie line. Tri-State will not build the developer's gen-tie line. We would build the lines to connect our switching station to our existing line, but the line to connect the generation facility to the last span outside our switching station would be permitted and built by the developer. We are aware that it is within the developer's scope to permit and build the line to connect the generation facility to the switching station, and that is within Tri-State's to permit and build the switching station. Thank you for pointing this out. Please find below the updated sentence for review and approval: "Prospect will connect via a short 0.1 mile gen-tie from the project substation to a new 230 kV switching station that will be permitted, built, and operated by Tri-state at the approximate co-ordinates of 40° 1 '9.60"N, 104°23'42.11"W". Thank you respectfully, Francesco From: Gray, Steve <steve.gray@tristategt.org> Sent: Monday, June 24, 2024 8:24 AM To: Chris Gathman <cgathman@weld.gov>; Diana Aungst <daungst@weld.gov> Cc: Koler, Selina <selina.koler@tristategt.org> Subject: USR2024-0012 and USR2024-0013 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Diana and Chris, Thank you for your referral to Tri-State on these projects. Here are our comments, which apply to both USR2024-0012 and USR2024-0013: • • • The Tri-State switching station will need to be larger than 2 acres. We typically require 10 to 15 acres for a switching station. Tri-State has concerns with the proposed Project schedule. 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. Item 19 of the Questionnaire addendum states that Tri-State will permit, operate, and build a short 0.1 -mile long overhead 230kV gen-tie line. Tri-State will not build the developer's gen-tie line. We would build the lines to connect our switching station to our existing line, but the line to connect the generation facility to the last span outside our switching station would be permitted and built by the developer. Please let me know if you have any questions. Thanks, Steve H. Steven Gray Senior Manager, Land Rights and Permitting Tri-State Generation and Transmission Association, Inc. 1100 W. 116th Ave. Westminster, CO 80234 303-254-3649 (direct) 303-579-3362 (cell) sgray@tristategt.org From: To: Subject: Date: Rogers, Tracy (CONTR) Chris Gathman FW: [EXTERNAL] Referral Agency Email Thursday, June 13, 2024 2:43:48 PM Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Chris, We require the applicant contact us before any final plans are approved. We have easements on (3) of the parcels contained in this project and will need to put a License Agreement in place. I will make sure to contact you once they have communicated with us to start the approval process. I truly appreciate your help on this!! Have a great day! d'Acuthb, Tracy Rogers I Lands Realty Technician Wyandotte Services on contract to Western Area Power Administration Rocky Mountain Region Loveland, CO (O) 970.461.7654 (M) 970-237-9873 rogers[at]wapa.gov From: noreply@weld.gov <noreply@weld.gov> Sent: Tuesday, June 11, 2024 4:16 PM To: Rogers, Tracy (CONTR) <Rogers@WAPA.GOV> Subject: [EXTERNAL] Referral Agency Email EXTERNAL E-MAIL: Before you click a link or open an attachment... STOP and THINK. Forward any suspicious e-mail to spa m@wapa.gov, or call WITCC at (720) 962-7111. The Weld County Planning Department has received a Planning Use By Special Review application, case # USR24-0012, in which your agency may have an interest. Planning staff requests you review the application materials, and return the Referral Form to Chris Gathman by the date specified on the Referral Form attached in the online permitting center. To view application materials, visit https://aca-prod.accela.com/WELD/Default.aspx or navigate to weldgov.com > departments > planning and zoning > online e -permitting. Then, * Click on "Planning" tab on the menu bar * Under General Search, type case# USR24-0012, into the Record Number box and search * Click on the "Record Info' arrow drop -down menu * Click on "Attachments" to review the application materials If you have any questions, please contact your assigned planner: Chris Gathman at 970-400-6100 Thank you, Chris Gathman 1402 North 17th Ave Greeley, CO 80631 970-400-6100 cgathman@weld.gov From: Young - CDOT, Allyson To: Melissa King Cc: Rose Valdes - CDOT; timothy.bilobran@state.co.us; Robert (Mike) Shepherd - CDOT; Chris Gathman; Diana Aungst Subject: Re: USR24-0012, USR24-0013 1041 Solar Facilities Date: Thursday, July 18, 2024 8:19:26 AM Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Melissa, Please let the applicant know that CDOT only considers the temporary scenario to be for up to a year. The applicant will need to revise the study to include warranted improvements per the SHAC as stated previously based on their peak construction traffic and existing background traffic counts during those three years. The original comments remain applicable. Thanks, Ally On Tue, Jul 16, 2024 at 11:50 AM Melissa King <mkingcweld.gov> wrote: Hey Ally Welcome back — let me forward these on with my comments — also construction is at least 3 years. thanks Melissa Melissa J King, PE, CFM Development Review Engineer Weld County Planning Services 1402 N 17th Avenue Greeley, CO 80632 970-400-3762 From: Young - CDOT, Allyson <allyson.young@state.co.us> Sent: Tuesday, July 16, 2024 8:49 AM To: Melissa King <mking@weld.gov>; Rose Valdes - CDOT <rose.valdes(a)state.co.us> Cc: timothy.bilobran@state.co.us; Robert (Mike) Shepherd - CDOT <mike.shepherd@state.co.us>; Chris Gathman <cgathman@weld.gov>; Diana Aungst <daungst@weld.gov> Subject: Re: USR24-0012, USR24-0013 1041 Solar Facilities Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Melissa, CDOT's comments on the Prospect and Janus Solar Facility TIS are as follows: 1) The study mentions construction traffic is anticipated to be in the year 2024. How long is the construction phase intended to last? More than a year? 2) The study needs to identify which access points along CO 79 warrant the need for a new access permit both temporarily and for the long term per the State Highway Access Code. This includes the site direct access and each WCR intersection intended to be used by the solar facility. If any access point is intended to be improved either temporarily or for the long term and if traffic is increasing by 20% or more either temporarily or for the long term, a new access permit is required for that access/intersection along the highway. 3) The study should also reference whether or not any auxiliary lane improvements are warranted per the State Highway Access Code in the long term. This analysis should be based on the site generated and background traffic counts in the area. If no warrants are met per the SHAC, then the study needs to say so. 4) A CDOT Access Permit is definitely required for the direct access point from CO 79 to the site. The applicant will need to apply and be sure the property owner is signing the application and that proof of ownership (i.e. copy of the deed) is included. Thanks, Ally On Mon, Jul 15, 2024 at 11:01 AM Melissa King <mking@weld.gov> wrote: Thank you for looking over this — let me know what other information you need. I have asked for a revised site plan that shows the permittable access points and the specific haul routes. Melissa Melissa J King, PE, CFM Development Review Engineer Weld County Planning Services 1402 N 17th Avenue Greeley, CO 80632 970-400-3762 Thank you, Allyson Young Region 4 Access Manager - Traffic P 970 381 8995 10601 West 10th Street, Greeley, CO 80634 allyson.young@state.co.us I http://codot.gov/ I www.cotrip.org SS Thank you, Allyson Young Region 4 Access Manager - Traffic Lil P 970 381 8995 10601 West 10th Street, Greeley, CO 80634 allyson.young@state.co.us I http://codot.gov/ I www.cotrip.org COLORADO Department of Public Health it Environment Thank you for contacting the Colorado Department of Public Health and Environment (CDPHE). Please note that the following requirements and recommendations apply to many but not all projects referred by local governments. Also, they are not intended to be an exhaustive list and it is ultimately the responsibility of the applicant to comply with all applicable rules and regulations. CDPHE's failure to respond to a referral should not be construed as a favorable response. Hazardous and Solid Waste The applicant must comply with all applicable hazardous and solid waste rules and regulations. Hazardous waste regulations are available here: https://www.colorado.gov/pacific/cdphe/hwregs. Solid waste regulations are available here: https://www.colorado.gov/pacific/cdphe/swregs. Applicable requirements may include, but are not limited to, properly characterizing all wastes generated from this project and ensuring they are properly managed and disposed of in accordance with Colorado's solid and hazardous waste regulations. If this proposed project processes, reclaims, sorts, or recycles recyclable materials generated from industrial operations (including, but not limited to construction and demolition debris and other recyclable materials), then it must register as an industrial recycling facility in accordance with Section 8 of the Colorado Solid Waste Regulations. The industrial recycling registration form is available here: https: / /www.colorado.gov/pacific/cdphe/sw-recycling-forms-apps. If you have any questions regarding hazardous and/or solid waste, please contact CDPHE's Hazardous Materials and Waste Management Division (HMWMD) by emailing comments.hmwmd@state.co.usorcalling 303-692-3320. Water Quality The applicant must comply with all applicable water quality rules and regulations. The Water Quality Control Division (WQCD) administers regulatory programs that are generally designed to help protect both Colorado's natural water bodies (the clean water program) and built drinking water systems. Applicants must comply with all applicable water quality rules and regulations relating to both clean water and drinking water. All water quality regulations are available here: https: / /cdphe. colorado. gov/water-quality-control-commission-regulations. Clean Water Requirements Stormwater Applicable clean water requirements may include, but are not limited to, obtaining a stormwater discharge permit if construction activities disturb one acre or more of land or if they are part of a larger common plan of development that will disturb one or more acres of land. In determining the area of construction disturbance, WQCD looks at the entire plan, including disturbances associated with utilities, pipelines or roads constructed to serve the facility. Please use the Colorado Environmental Online Services (CEOS) to apply for new construction stormwater discharge permits, modify or terminate existing permits and change permit contacts. For CEOS support please see the following WQCD website: https://cdphe.colorado.gov/cor400000-stormwater-discharge or contact: Email: cdphe_ceos_support@state.co.us orcdphe_wgcd_permits@state.co.us CEOS Phone: 303-691-7919 Permits Phone: 303-692-3517 Domestic Wastewater Some projects with wastewater collection may have domestic wastewater treatment works (i.e., treatment plant, interceptor sewer, or lift station) with a design capacity to receive greater than 2,000 gallons per day (gpd) and are subject to state-wide site location, design, and permitting requirements implemented by the Water Quality Control Division. State review and approval of the site location application and design is required by the Colorado Water Quality Control Act (Act), Section 25-8-702, C.R.S. which states in part that: "No person shall commence the construction of any domestic wastewater treatment works or the enlargement of the capacity of an existing domestic wastewater treatment works, unless the site location and the design for the construction or expansion have been approved by the division." State review may also be necessary for projects with multiple on -site wastewater treatment systems (OWTS) on a single property, unless the OWTS meet the requirements of division's "Site Application Policy 6: Multiple On -Site Wastewater Treatment Systems" (Policy 6). If applicable, the project would need to meet all applicable regulatory requirements including, but not limited to, site location and design review, discharge permitting, having a certified operator; and routine monitoring and reporting. For questions regarding domestic wastewater regulation applicability or other assistance and resources, visit these websites: https: / /cdphe.colorado. gov/design https: //cdphe.colorado.gov/clean-water- permitting -sectors Drinking Water Requirements The definition of a public water system is self -implementing. It is the responsibility of all water systems in Colorado to assess whether their system is a public water system and to comply with the regulations accordingly. There is not a notification process whereby a system only becomes a public water system if the Department notifies that system. A system becomes subject to regulation as a public water system at the point the system begins operating a system meeting the definition of a public water system under Regulation 11. Some projects may also need to address drinking water regulations if the proposed project meets the definition of a "Public Water System" per the Colorado Primary Drinking Water Regulations (Regulation 11): A Public Water System means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least fifteen service connections or regularly serves an average of at least 25 individuals daily at least 60 days per year. A public water system is either a community water system or a non -community water system. Such term does not include any special irrigation district. Such term includes: (a) Any collection, treatment, storage, and distribution facilities under control of the supplier of such system and used primarily in connection with such system. (b) Any collection or pretreatment storage facilities not under such control, which are used primarily in connection with such system. If applicable, the project would need to meet all applicable requirements of Regulation 11 including, but not limited to, design review and approval; technical, managerial and financial review and approval; having a certified operator; and routine monitoring and reporting. If it is determined that your facility meets the definition of a public water system please submit a drinking water inventory update form to the department. For questions regarding drinking water regulation applicability or other assistance and resources, visit these websites: https://cdphe.colorado.gov/drinking-water https://cdphe.colorado.gov/dwtrain If you have any other questions regarding either clean or drinking water quality, please contact CDPHE's WQCD by emailing cdphe.commentswqcd@state.co.us or calling 303-692-3500. Air Quality The applicant must comply with all relevant state and federal air quality rules and regulations. Air quality regulations are available here: https://www.colorado.gov/pacific/cdphe/aqcc-regs. Air Pollutant Emissions Notices (APENs) and Permits Applicable requirements may include, but are not limited to, reporting emissions to the Air Pollution Control Division (APCD) by completing an APEN. An APEN is a two in one form for reporting air emissions and obtaining an air permit, if a permit will be required. While only businesses that exceed the Air Quality Control Commission (AQCC) reporting thresholds are required to report their emissions, all businesses - regardless of emission amount - must always comply with applicable AQCC regulations. In general, an APEN is required when uncontrolled actual emissions for an emission point or group of emission points exceed the following defined emission thresholds: Table 1 APEN Thresholds Pollutant Category UNCONTROLLED ACTUAL EMISSIONS Attainment Area Non -attainment Area Criteria Pollutant 2 tons per year 1 ton per year Lead 100 pounds per year 100 pounds per year Non -Criteria Pollutant 250 pounds per year 250 pounds per year Uncontrolled actual emissions do not take into account any pollution control equipment that may exist. A map of the Denver Metropolitan Ozone Non -attainment area can be found on the following website: http://www.colorado.gov/airquality/ss_map_wm.aspx. In addition to these reporting thresholds, a Land Development APEN (Form APCD-223) may be required for land development. Under Colorado air quality regulations, land development refers to all land clearing activities, including but not limited to land preparation such as excavating or grading, for residential, commercial or industrial development. Land development activities release fugitive dust, a pollutant regulation by APCD. Small land development activities are not subject to the same reporting and permitting requirements as large land activities. Specifically, land development activities that are less than 25 contiguous acres and less than 6 months in duration do not need to report air emissions to APCD. It is important to note that even if a permit is not required, fugitive dust control measures included the Land Development APEN Form APCD-223 must be followed at the site. Fugitive dust control techniques commonly included in the plan are included in the table below. Control Options for Unpaved Roadways Watering Paving Graveling Use of chemical stabilizer Controlling vehicle speed Control Options for Mud and Dirt Carry -Out Onto Paved Surfaces Gravel entry ways Covering the load Washing vehicle wheels Not overfilling trucks Control Options for Disturbed Areas Watering Revegetation Compaction Wind Breaks Application of a chemical stabilizer Controlling vehicle speed Furrowing the soil Minimizing the areas of disturbance Synthetic or Natural Cover for Slopes Additional information on APENs and air permits can be found on the following website: https://www.colorado.gov/pacific/cdphe/air/do-you-need-an-apen. This site explains the process to obtain APENs and air quality permits, as well as information on calculating emissions, exemptions, and additional requirements. You may also view AQCC Regulation Number 3 at https://www.colorado.gov/pacific/cdphe/aqcc-regs for the complete regulatory language. If you have any questions regarding Colorado's APEN or air permitting requirements or are unsure whether your business operations emit air pollutants, please call the Small Business Assistance Program (SBAP) at 303- 692-3175 or 303-692-3148. Asbestos and Lead -Based Paint In Colorado there are regulations regarding the appropriate removal and handling of asbestos and lead -based paint as part of a demolition, renovation, or remodeling project. These regulations are presented in AQCC Number 8 (asbestos) and Number 19 (lead -based paint) which can be found on the following website: https://www.colorado.gov/cdphe/aqcc-regs. These regulations may require the use of, or inspection by, companies or individuals that are certified to inspect or remove these hazards prior to renovation or demolition. APCD must also be notified of abatement or demolition activities prior to beginning any work in the case of asbestos. For additional guidance on these regulations and lists of certified companies and individuals please visit the following website for asbestos: https: //www.colorado.gov/cdphe/categories/ services-and-information/environment/asbestos and the following website for lead -based paint: https: / /www.colorado.gov/pacific/cdphe/categories/services-and-information/lead. If you have any questions about Colorado's asbestos and lead -based paint regulations or are unsure whether you are subject to them please call the Indoor Environment Program at 303-692-3100. If you have more general questions about air quality, please contact CDPHE's APCD by emailingcdphe.commentsapcd@state.co.usorcalling303-692-3100. Environmental Justice and Health Equity CDPHE is dedicated to promoting and protecting the health and environment for all Coloradans. As part of those efforts, we strive to achieve health equity and environmental justice. From: To: Subject: Date: Comaniciu - DNR, Ioana Chris Gathman Fwd: Referral Agency Email Wednesday, July 3, 2024 6:30:36 PM Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Chris Gathman We have reviewed the June 11, 2024 above -referenced proposal for a Site Specific Development Plan and Use by Special Review Permit for a 1041 Major Facility of a Public Agency, USR24- 0012, including a 1041 80 MegaWatt AC Solar Energy facility on 700 -acres, a 20 Megawatt Battery Energy Storage System, a step-up substation, transformer and maintenance facilities and a 155kV electrical tine connection to the existing Sand Creek Switching Station. This referral does not appear to qualify as a "subdivision" as defined in section 30-28-101(10) (a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office will only perform a cursory review of the referral information and provide informal comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. According to the information provided the water needs for this project is 0.007 acre- feet/acre/year for the solar facility. In addition, water will be used for dust control during constructions, fire control and Panel Washing and Maintenance. Estimates on the water demands for the other uses were not provided. Also, it is indicated that the Applicant has secured sufficient water resources from a private water service provider and the water for dust control may be supplied by outside service companies as part of their spray mix system. Information on the water source was not provided therefore we have no comments on this project. The submittal indicates that stormwater detention structure(s) may be constructed as a part of this project. The Applicant should be aware that unless the structure can meet the requirements of a "storm water detention and infiltration facility" as defined in Designated Basin Rule 5.11, the structure may be subject to administration by this office. The Applicant should review Rule 5.11 to determine whether the structure meets the requirements of the Rule and ensure any notification requirement is met. Please contact me at this office if you have any questions. Sincerely, Ioana Comaniciu, P.E. Water Resources Engineer P 303-866-3581 x 8246 1313 Sherman St., Suite 818, Denver, CO 80203 ioana.comaniciu@state.co.us I www.colorado.gov/water Forwarded message From: noreply@weld.gov <noreplygweld.gov> Date: Tue, Jun 11, 2024 at 4:15 PM Subject: Referral Agency Email To: <kathleen.fuller@state.co.us>, <ioana.comaniciu@state.co.us> The Weld County Planning Department has received a Planning Use By Special Review application, case # USR24-0012, in which your agency may have an interest. Planning staff requests you review the application materials, and return the Referral Form to Chris Gathman by the date specified on the Referral Form attached in the online permitting center. To view application materials, visit https://aca-prod.accela.com/WELD/Default.aspx or navigate to weldgov.com > departments > planning and zoning > online e -permitting. Then, * Click on "Planning" tab on the menu bar * Under General Search, type case# USR24-0012, into the Record Number box and search * Click on the "Record Info" arrow drop -down menu * Click on "Attachments" to review the application materials If you have any questions, please contact your assigned planner: Chris Gathman at 970-400- 6100 Thank you, Chris Gathman 1402 North 17th Ave Greeley, CO 80631 970-400-6100 cathman�a,weld.gov From: To: Subject: Date: Hamous-Miller - DNR, Lexi Chris Gathman Re: FW: Referral Agency Email Tuesday, August 27, 2024 2:14:29 PM Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hey Chris, Yes it is, thank you for checking. It would be CPW's comments (not USFS), for clarification. -Stay Wild, Lexi Hamous, MS (She/Her) Northeast Region Land Use Coordinator Colorado Parks and Wildlife 6060 Broadway, Denver, CO 80216 303-916-2987 Lexi.Hamous-Miller@state.co.us CPW's Energy Webpage s On Tue, Aug 27, 2024 at 2:11 PM Chris Gathman <cgathman a@weld.gov> wrote: Dear Lexi, I want to make sure we have USFS comments correctly referred for the record for USR24-0012 - Janus. Is the 2023 letter you are referring the attached 051723 letter (right attachment)? Thanks! Chris Gathman Planner III Weld County Department of Planning Services 1402 N. 17th Avenue PO Box 758 Greeley, CO 80632 cgathman@weldgov.com 970-400-3537 From: Emily Bitler <ebitler@logansimpson.com> Sent: Tuesday, August 27, 2024 1:27 PM To: Hamous-Miller - DNR, Lexi <Iexi.hamous-miller@state.co.us> Cc: Chris Gathman <cgathman@weld.gov>; mark.prichard@horuscapital.co.uk Subject: RE: Referral Agency Email Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Chris, do you need anything else? Emily Bitler Logan Simpson P: 970-449-4100 C: 970-222-0846 ebitler@logansimpson.com www.logansimpson.com From: Hamous-Miller - DNR, Lexi <lexi.hamous-miller@state.co.us> Sent: Tuesday, August 27, 2024 1:19 PM To: Emily Bitler <ebitler@logansimpson.com> Cc: cgathman@weld.gov; mark.prichard@horuscapital.co.uk Subject: Re: Referral Agency Email CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Emily, Then you have everything that we have sent so we are all good unless you need something else from us? Thanks for checking on this. -Stay Wild, Lexi Hamous, MS (She/Her) Northeast Region Land Use Coordinator Colorado Parks and Wildlife 6060 Broadway, Denver, CO 80216 303-916-2987 Lexi.Hamous-Miller@state.co.us CPW's Energy Webpage 119 On Tue, Aug 27, 2024 at 1:08 PM Emily Bitler <ebitlerglogansimpson.com> wrote: The two attachments labeled with — Weld County were submitted with the application, although I only see the Janus version on the Weld County Portal. We received the USR24-0013 CPW 6-18-24 letter for Prospect during the referral period, but nothing for Janus. So for Janus we have the original response on the Weld County Permit Application Portal and for Prospect we have an updated referral period letter on the County Portal (but not the original letter, although it was submitted). Emily Bitler Logan Simpson P: 970-449-4100 C: 970-222-0846 ebitler@logansimpson.com www.logansimpson.com From: Hamous-Miller - DNR, Lexi <lexi.hamous-miller@state.co.us> Sent: Tuesday, August 27, 2024 12:36 PM To: Emily Bitler <ebitler@logansimpson.com> Cc: cgathman@weld.gov; mark.prichard@horuscapital.co.uk Subject: Re: Referral Agency Email CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Emily, The received the design layout a day before comments were due so we could not write another letter to turn it around that quickly. You sent us a letter that was to be included in the application from us from last year that covered our recommendations so we decided to not write another letter as well. Will that letter from us in 2023 still be included in the application materials? -Stay Wild, Lexi Hamous, MS (She/Her) Northeast Region Land Use Coordinator Colorado Parks and Wildlife 6060 Broadway, Denver, Co 80216 303-916-2987 Lexi.Hamous-Miller@state.co.us CPW's Energy Webpage 9 i O On Tue, Aug 27, 2024 at 11:23 AM Emily Bitler <ebitler@logansimpson.com> wrote: After speaking with the developer and reviewing our files, it appears that these layouts were initially sent to you on July 8th. Did you receive those and complete your evaluation at that time? I don't want you to duplicate your work....you all are busy enough as it is!! Emily Emily Bitler Logan Simpson P: 970-449-4100 C: 970-222-0846 ebitler@Iogansimpson.com www.logansimpson.com From: Hamous-Miller - DNR, Lexi <Iexi.hamous-miller@state.co.us> Sent: Monday, August 26, 2024 1:24 PM To: Emily Bitler <ebitler@logansimpson.com> Cc: cgathman@weld.gov; mark.prichard@horuscapital.co.uk Subject: Re: Referral Agency Email CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Emily, Thank you for sending this. -Stay Wild, Lexi Hamous, MS (She/Her) Northeast Region Land Use Coordinator Colorado Parks and Wildlife 6060 Broadway, Denver, Co 80216 303-916-2987 Lexi.Hamous-Miller@state.co.us CPW's Energy Webpage J O On Mon, Aug 26, 2024 at 12:37 PM Emily Bitler <ebitler@logansimpson.com> wrote: Hi Lexi! I'm not sure if you received the design layout for the arrays, but they are attached! I pulled out the specific plot plan that shows the wildlife corridor, and all other supporting plot plans are located in the zip files. Emily 6 rut a y r Logan Simpson P: 970-449-4100 C: 970-222-0846 ebitler@logansimpson.com www.logansimpson.com From: Hamous-Miller - DNR, Lexi <Iexi.hamous-miller@state.co.us> Sent: Thursday, June 27, 2024 9:30 AM To: Emily Bitler <ebitler@logansimpson.com> Cc: cgathman@weld.gov; mark.prichard@horuscapital.co.uk Subject: Re: Referral Agency Email CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Emily, Thanks for getting back to me, can you send me a design layout for the arrays where I can see the wildlife corridor? -Stay Wild, Lexi Hamous, MS (She/Her) Northeast Region Land Use Coordinator Colorado Parks and Wildlife Upcoming days off: July 4 & 5, 16-28 6060 Broadway, Denver, CO 80216 303-916-2987 LexiBamous-Miller@state.co.us CPW's Energy Webpage On Wed, Jun 26, 2024 at 2:24 PM Emily Bitler <ebitler@logansimpson.com> wrote: I am attaching the USFWS response, CPW response, and Environmental Conservation Measures for the Janus project and also for its sister project referenced in the application, Prospect Solar. The Prospect application should be routed for referral soon. Thank you. Please let me know if you need anything else! Emily Bitler Logan Simpson P 970-449-4100 C 970-222-0846 ebitler@logansimpson.com vvvvvv.logansimpson.com From: Hamous-Miller - DNR, Lexi<Iexi.hamous-miller@state.co.us> Sent: Wednesday, June 26, 2024 10:30 AM To: Emily Bitler <ebitler@logansimpson.com>; mark.pichard@horuscapital.co.uk Cc: cgathman@weld.gov Subject: Fwd: Referral Agency Email CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Emily and Mark, I work for Colorado Parks and Wildlife and received a referral request to comment on your Janus Solar project. CPW would like to comment on this project but we are needing the Environmental Protection Measures and Agency Coordination Appendix with maps and figures to review. Can you send those to me since it is not in the file through Weld County? Thank you for your time and assistance. -Stay Wild, Lexi Hamous, MS (She/Her) Northeast Region Land Use Coordinator Colorado Parks and Wildlife Upcoming days off: July 4 & 5, 16-28 R? 6060 Broadway, Denver, CO 80216 303-916-2987 Lexi.Hamous-Miller@state.co.us CPW's Energy Webpage 4! . 4! . Forwarded message From: Hamous-Miller - DNR, Lexi <lexi.hamous-miller@state.co.us> Date: Fri, Jun 21, 2024 at 11:33 AM Subject: Re: Referral Agency Email To: <cgathman@weld.gov> Hi Chris, CPW would like to comment on this project but we are needing the Environmental Protection Measures and Agency Coordination Appendix with maps and figures to review. Can you send those to me since it is not in the file? Thank you for your time and assistance. -Stay Wild, Lexi Hamous, MS (She/Her) Northeast Region Land Use Coordinator Colorado Parks and Wildlife 4) 9 6060 Broadway, Denver, CO 80216 303-916-2987 Lexi.Hamous-Miller@state.co.us CPW's Energy Webpage a a u On Tue, Jun 11, 2024 at 4:15 PM noreply@weld.gov <noreply@weld.gov> wrote: The Weld County Planning Department has received a Planning Use By Special Review application, case # USR24-0012, in which your agency may have an interest. Planning staff requests you review the application materials, and return the Referral Form to Chris Gathman by the date specified on the Referral Form attached in the online permitting center. To view application materials, visit https://aca-prod.accela.com/WELD/Default.aspx or navigate to weldgov.com > departments > planning and zoning > online e -permitting. Then, * Click on "Planning" tab on the menu bar * Under General Search, type case# USR24-0012, into the Record Number box and search * Click on the "Record Info" arrow drop -down menu * Click on "Attachments" to review the application materials If you have any questions, please contact your assigned planner: Chris Gathman at 970-400-6100 Thank you, Chris Gathman 1402 North 17th Ave Greeley, CO 80631 970-400-6100 cgathman@weld.gov COLORADO Parks and Wildlife le May 17, 2023 Department of Natural Resources Northeast Regional Office 6060 Broadway Denver, CO 80216 P 303.291.7227 Ms. Tracy Brunner Project Manager - Environmental Planner WEST, Inc. tbrunner@west-inc.com RE: CPW's Comments on the Proposed Janus Solar Project, unincorporated Weld County (portions of T1 N, R62W, Section 30; and T1 N, R63W, Sections 24-26). Dear Ms. Brunner, Thank you for the opportunity for Colorado Parks and Wildlife (CPW) to comment on Horus Capital's proposed Prospect Solar Project (Solar Project). This proposed photovoltaic Solar Project is located approximately 12 miles northeast of Denver International Airport, and about 12 miles southeast of the Town of Hudson. It is our understanding that this Solar Project would be at most 670 acres to produce upwards of 80 megawatts of alternating current (MWac), and is currently stated to begin construction in 1Q 2025 with a Commercial Operation Date (COD) by 3Q 2026. CPW also understands that there will be a new collector substation, a switchyard, and approximately 2,000 feet of new above -ground transmission lines to tie to the adjacent existing infrastructure. CPW appreciates that Horus Capital and Western EcoSystems Technologies (WEST) have initiated early consultation with CPW because it can lead to a responsibly -developed project that works toward achieving state solar goals1 while protecting sensitive wildlife species, habitats, and time frames. We recognize renewable energy development is important to meeting the State's greenhouse gas reduction goals and improving our climate resiliency. 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; as such, we encourage protection for Colorado's wildlife species and habitats through responsible energy development and land use planning. One way we achieve this goal is by responding to referral comment requests, as is the case for this project. CPW encourages developers to afford the highest level of protection to Colorado's High Priority Habitats (HPHs)2. 1 https://energyoffice.colorado.gov/climate-energy/ghg-pollution-reduction-roadmap 2 https://cpw.state.co.us/Documents/Conservation-Resources/Energy-Mining/CPW HPH-Map-Layers.pdf Jeff Davis, Director, Colorado Parks and Wildlife Parks and Wildlife Commission: Carrie Besnette Hauser, Chair • Dallas May, Vice -Chair • Marie Haskett, Secretary • Taishya Adams Karen Bailey • Betsy Blecha • Gabriel Otero • Duke Phillips, IV • Richard Reading • James Jay Tutchton • Eden Vardy Horus Capital's Prospect Solar Project — CPW Comments (5/17/23) Page 2 of 4 HPHs are defined as sensitive wildlife habitats where CPW has sound spatial data3 and scientifically -backed best management practice recommendations to help developers with the siting process to minimize any impacts. RECOMMENDATIONS FOR THIS PROJECT CPW appreciates that this Solar Project is sited entirety outside of mapped HPHs, though this Project is bisected by the north -flowing Sand Creek. Therefore, CPW encourages the following recommendations for this Solar Project to avoid and minimize their impact on this and other likely occurring wildlife species: • Big Game Movement Corridors O Although this Solar Project is outside of any mapped HPHs and Sand Creek has a very minimal riparian corridor, the biggest impact from this Solar Project wilt be the loss of open space and the fragmentation of existing and accessible big game habitats. Therefore, CPW appreciates our recent conversations that focused on incorporating at least one north -south movement corridor along Sand Creek in the final site plans by using creative siting solutions without compromising MWs. Note, 250 feet should be considered the bare minimum width, and the longer the proposed corridor, the wider the corridor should be. ■ Furthermore, corridor entrances should not be 90 -degree angles, but more of an inviting funnel, as shown below in the right image. • Pre -construction Nesting Surveys O Please complete pre -construction nesting bird surveys in the disturbance areas (panels, layout yards, access roads, transmission lines, etc.) for the following species and send us the results prior to construction: ■ Burrowing Owls' (if prairie dog towns are present) between March 15 to August 31. ■ Tree and ground -nesting raptors5 - if construction begins between December 1 to July 15 (depending on the species observed). ■ Migratory songbirds - if construction begins between April 1 to August 31. 3 https://www.arcgis.com/home/item .html?id=190573c5aba643a0bc053e6f7f0510b7 4 https://cpw.state.co.us/Documents/WildlifeSpecies/LivingWithWildlife/Recommended-Survey-Protocol-Burrowing-Owls.pdf 5 https://cpw.state.co.us/Documents/WildlifeSpecies/LivingWithWildlife/Raptor-Buffer-Guidelines.pdf Horus Capital's Prospect Solar Project — CPW Comments (5/17/23) Page 3 of 4 • Fencing O Minimize fencing to the maximum extent practicable, and use wildlife -friendly fencing6 as much as possible. O For specific wildlife exclusion fencing specifications around the Solar Project, CPW recommends that any installed fencing should be eight feet in height, have round -capped posts (e.g., so wildlife isn't impaled), smooth top wire to the fence (e.g., no top barbed wire) (or if two top strands are needed, ensure they are at least six inches apart). The bottom wire can be barbed but should be four inches or less from the ground. O Also, CPW recommends that other non -security fencing in the immediate vicinity is removed to the extent practicable and with landowner consent. O CPW recommends that the solar facility is checked weekly (or escape structures are installed inside the fenced area) to allow deer to escape if one becomes trapped within the facility. • General habitat recommendations O Avoid development near mapped streams and wetlands. O Develop a noxious weed management plan prior to construction and regularly implement it so noxious weeds do not spread to adjacent habitats. O Please use CPW's restoration seed mix for mule deer HPH (with landowner permission) (we can email it to you separately if desired). O CPW requests that security lighting is kept to a minimum, and ideally, motion sensor lights are installed. CPW appreciates the opportunity to review this project and provide comments and recommendations to avoid and minimize impacts on wildlife resources. If the timing or scope of this project changes and/or if you have any questions, please contact Brandon Marette (Northeast Region Energy Liaison) at 303-291-7327 or brandon.marette@state.co.us. Sincerely, aa2 also. Mark Leslie Northeast Regional Manager cc: Horus Capital O Gerald Juliani O Margaret McKenna 6 https://cpw.state.co.us/Documents/LandWater/PrivateLandPrograms/FencingWithWildlifelnMind.pdf Horus Capital's Prospect Solar Project — CPW Comments (5/17/23) Page 4 of 4 CPW O Chris Mettenbrink (District Wildlife Manager - Fort Lupton) O Angelique Curtis (Terrestrial Biologist - Weld County) O Jason Duetsch (Area 2 Wildlife Manager - Loveland) O Lance Carpenter (NE Region Senior Terrestrial Biologist) O Brandon Marette (NE Region Energy Liaison) O Shannon Schaller (NE Region Deputy Regional Manager) O Lauren Berry (NE Region Program Assistant) Gerald Milani From: Sent: To: Cc: Subject: Tracy Brunner ctbrunner west-incc.com> Friday, February 3, 2023 11:45 AM CoioradoES, FW6 Margaret McKenna; Gerald Julian' Re: [EXTERNAL] Re: Prospect Solar Project Introduction Letter 4 qe..."1/4x.IS( p tX c\ t ana) Hi Kyle - Thank you very much for your response. Have a great day. -Tracy Tracy Brunner Project Manager - Senior Ecologist (she/her/hers) x I Western Eco ystems Technology, Inca Environmental & Statistical Consultants Concord, NH / Camp Hill. PA 812-BBB.8978 tbrunner@west-inc.com www.west-inc.com - Follow WEST: Facebook, Twitter, Linked In, Join our Mailing list CONFIDENTIALITY NOTICE: This message and any accompanying communications are covered by the Electronic Communications Privacy Act 16 U.S.C. 02510-2521, and contain information that is privileged, confidential or otherwise protected from disclosure. If you are not the intended recipient or an agent responsible for deiwering the communication to the intended recipient, you ere hereby notified that you haver reeeed this communication in error. Dissemination, distribution or copying of this e-mail or the Information herein by anyone other then the intended recipient or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this communication in error, please notify us immediately by e-mail and Mete the original message. Thank you. j Please consider the environment before printing. On Fri, Feb S, 2023 at 11:16 AM ColoradoES, FW6 <ColoradoES@fws.gov> wrote: ° Hello Tracy, Thank you for contacting the U.S. Fish and Wildlife Service. 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. 1 Project Number: 2023 17885 Please let me know if you have any further questions. Respectfully, Kyle LeMaire (he/him) Fish and Wildlife Biologist kyle lemaire@fws.gov USFWSJfSJCalorado Field Office 134 Union Blvd, Suite 670, Lakewood, CO 80228 • Respectfully, Kyle LeMaire (he/him) Fish and Wildlife Biologist kyle lemaire@fws.gov USN'S/ES,/Colorado Field Office 134 Union Blvd, Suite 670, Lakewood, CO 80228 From: Tracy Brunner <thrunner@west-inc.com> Sent: Friday, December 9, 2022 1:26 PM To: ColoradoE5, FW6 <ColoradoES@fws.gov> Cc: Margaret McKenna <magpie.mckenna@horuscapital.co.uk>; Gerald Juliani <gerald.juliani@horuscapital.co.uk> Subject: [EXTERNAL] Re; Prospect Solar Project introduction Letter 2 This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding. Good afternoon - I Just wanted to follow up on the below letter regarding the Prospect Solar Project. We would appreciate any feedback you may have on the project. Thanks, Tracy Tracy Brunner Project Manager - Environmental Planner (she/her/h ci's) 0 Western Ecosystems Technology, Inc. Environmental & Statistical Consultants Concord, NH / Camp Hill, PA 612-59943976 tbrunner@west-inc.com www.west-inc.com -, Follow WEST: Facebook, Twitter, Linked In, Join our Mailinq list CONFIDENTIALITY' NOME: This message and any accompanying communications are covered by the Electronic Communications Privacy Ad, 18 U.Q.C. if 2510-2521, and contain Information that is privileged, confidential or otherwise protected d from disclosure. If you are not the intended recipient or an agent mrponsibie far delivering the oommunicwtl on to the intended recipient, you are hereby notified that you have received this axnmunicatlon In armor. Dinerrilristioni distribution or copying of this e-mail or the information herein by anyone other than the Intended recIpient, or an employee or agent responsible ibr delivering the message to the Intended recipient, is prohibited. if you have received this communication in error, please notify us immediately by a -mall and delete the original messages Thank you. `i Please consider the environment bemire printing. 3 On Thu, Nov 10, 2022 at 12:51 PM Tracy Brunner <tbrunner@west-inc.com> wrote: Hello - On behalf of Horus Energy, I'd like to provide a project introduction letter for the Prospect Solar Project. We would appreciate any feedback you have on the project and if you have any Information on known occurrences of federally listed species within the Project Area, Let me know If you have any questions. -Traci Tracy Brunner Project Manager - Environmental Planner (she/her/hers) Western EcoSystems Technology, Inc. Environmental & Statistical Consultants Concord, NH / Camp Hill, PA 612x994976 tbrunner@west-inc.com www.west-inc.com -' Follow WEST: Facebook, Twitter, Linked In, Join our Mailing list CONFIDENTIALITY NOTICE: This message and any accompanying communications ate covered by the Electronic Communications Privacy Act, 15 1�. .0. §f 2510-2521. and contain Information that is privileged, confidential or otherwise protected from disclosure. If you ere not the Intended recipient or en agent responsible for delivering the communication to the intended recipient, you are hereby notified that you haw received this communication to error. CNseemination, distribution or copying of this e-mail or the information herein by anyone other than the Intended recipient, or an employee or agent responsible for delivering the message to the Intended recipient Ia prohibited. If you have received this communication in error, please notify us Immediately by e-mail and delete the original message. Thank you. ` Please consider the environment before printing, 4 Hello