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Home My WebLink About20240354.tiffMEMORANDUM TO: Molly Nelson, Planning Services FROM: Melissa J King, PE, Development Review DATE: June 22, 2023 SUBJECT: USR23-0024 SEF Antelope Hill 2 (Linblad) REVISED 10 10 23 The proposal has been reviewed on behalf of the Weld County Department of Public Works and the Department of Planning and Zoning. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS GENERAL PROJECT INFORMATION/LOCATION Project description: A Site -Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. This project is north of and adjacent to SH 392 and is west of and adjacent to CR 29. Parcel number: 080517000039 and 080517000023. Access is proposed onto SH 392. ACCESS Development Review has reviewed the application materials related to access. The proposed access for the SEF is onto SH 392. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to state highways. Please contact Mr. Tim Bilobran at the Greeley office (970-350-2163) to verify the access permit or for any additional requirements that may be needed. (State Highway 392) Prior to the recording of the USR map, the applicant shall obtain an access permit from CDOT. ROADS AND RIGHTS -OF -WAY The property is bounded by State Highway 392. Contact the Colorado Department of Transportation (CDOT) to determine what right-of-way shall be shown on the submitted plan. Reference the documents creating the right-of-way. Please contact Mr.Tim Bilobran at the Greeley office, phone number: 970-350- 2163. County Road 29 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial road, which requires 140 feet of right-of-way. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1- 90, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. Per, Sec. 8-13-30.B, a Weld County Right -of -Way Use Permit is required for any project that will be occupying, constructing or excavating facilities within, and/or encroaching upon, any County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at https://www.weldgov.com/Government/Departments/Public-Works/Permits Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. DRAINAGE REQUIREMENTS This area IS within a Non -Urbanizing Drainage Area: Non -Urbanizing Drainage Areas typically require detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped site for NON - URBANIZING areas. The applicant has submitted a drainage report that shows the site soils are A and B. Thus, per Sec. 23-4- 1030.B.1., the site meets a stormwater detention exemption. No other stormwater management information is needed at this time. Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from the property. CONDITIONS OF APPROVAL A. A CDOT access permit and/or access documentation from CDOT shall be submitted. (Development Review) B. The USR map shall be amended to delineate the following: 1. Show the Colorado Department of Transportation (CDOT) right-of-way on the plan along with the documents creating the right-of-way. (Development Review) 2. Show the approved Colorado Department of Transportation (CDOT) access point on the plan and label with the approved access permit number, if applicable. (Development Review) 3. Show and label the drainage flow arrows. (Development Review) GRADING PERMIT A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications are accepted after the planning process is complete (plan recorded). An Early Release Request Form may be entertained only after the applicant, Planning Department has reviewed the referral and surrounding property owner comments. The Early Release Request may or may not be granted depending on referral comments and surrounding property owner concerns. Contact an Engineering representative from the Development Review for more information. A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575. Prior to Construction: If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Development Review) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review) 2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Development Review) 3. Weld County is not responsible for the maintenance of onsite drainage related features. (Development Review) 4. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) Weld County Department of Public Health and Environment Memorandum To: Molly Nelson From: Lauren Light, Environmental Health Services Date: October 5, 2023 Re: USR23-0024 Applicant: Lee and Ruby Lindblad c/o CBEP Solar 23, LLC Environmental Health Services has reviewed this Site -Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility outside of subdivisions and historic townsites in the A (Agricultural) Zone District. As no employees will be located at the site, permanent water and sewer is not required. Screened portable toilets, hand washing units and bottled water can be utilized during construction. A dust abatement plan was submitted which indicates water will be used during construction and revegetation or chemical methods will be utilized during operation. Sheep will be utilized for vegetation control. A noise study was completed by Kimley/Horn, and it was determined that noise mitigation measures are not needed at this time since the anticipated operational sound levels will remain below the allowable noise levels at the nearest noise -sensitive receptors around the site during daytime hours. Environmental Health Services recommends the following requirements are incorporated into the permit as development standards: 1. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. During construction, no permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6410 weldhealth.org Public Health Weld County Department of Public Health and Environment 3. During construction, waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. 4. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction and operation of the facility. 5. During construction, adequate toilet facilities and handwashing units shall be provided. Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers, be screened from public view, and removed when construction is completed. 6. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit requirements as stipulated by the Air Pollution Control Division, Colorado Department of Public Health and Environment, as applicable. 7. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S. 8. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6410 weldhealth.org Public Health Weld County Referral Y September 18, 2023 Submit by Email The Weld County Department of Planning Services has received the following item for review: Applicant: Lee & Ruby Lindblad, c/o CBEP Solar 22, LLC and Case Number: USR23-0024 M.A. Lindblad, LLC, c/o CBEP Solar 23, LLC Please Reply By: October 16, 2023 Planner: Molly Nelson Project: A Site Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Parcel Number: 080517000023-R1330486 Legal: Part SE4SW4 SECTION 17, T6N, R66W of the 6th 6th P.M., Weld County, Colorado. Parcel Number: 080517000039-R1330986 Legal: LOT B REC EXEMPT RE -391; PART OF THE SE4SW4 SECTION 17, T6N, R66W of the 6th P.M., Weld County, Colorado. Location: NORTH OF AND ADJACENT TO HIGHWAY 392; 0.30 MILES EAST OF WELD COUNTY ROAD 27. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. P P F - We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature 340-P� Date 11/30/2023 Agency Weld County Oil and Gas Energy Department Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 Weld County Oil & Gas Energy Department Referral Comments Referring Agency: Weld County Department of Planning Services Reference Number: USR23-0024 Associated Parcel: 080517000023 and 080517000039 OGED Reviewer: Stephanie Frederick Review Date: November 30, 2023 The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to comment on the captioned planning case. Staff has completed review of the proposal and have no conflicts with the proposed activity. We have included additional comments below: 1. 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 080517000023 includes four (4) active oil and gas wells, listed in Table 1 below. OGED requests that the Applicant coordinate operations in proximity to existing wells and production facilities with the operator(s) of these wells. API Operator Well Title Well Status 05-123-35997 PDC Energy Inc Fritzler #17-23-18 TA 05-123-35996 PDC Energy Inc Fritzler #17-32-12 TA 05-123-33246 PDC Energy Inc Fritzler #6-8-17 TA 05-123-10764 PDC Energy Inc Fritzler #1-17 TA 3. Both parcels include nine (9) plugged and abandoned (PA) wells listed in Table 2 below. Additional information regarding these plugged and abandoned wells is available from the Energy & Carbon Management Commission (ECMC). OGED recommends that the Applicant review this information and contact the responsible operator regarding well infrastructure that may have been abandoned in place prior to conducting operations in proximity to the wells. API Operator Well Title Well Status 05-123-33646 Noble Energy Inc McGlothlin PC 17-25D AL 05-123-23815 Noble Energy Inc Lindblad 17-34 PA 05-123-33548 PDC Energy Inc Fritzler 6-6-17 PA 05-123-33549 PDC Energy Inc Fritzler 43-17 PA 05-123-35995 PDC Energy Inc Fritzler 17-42-11 PA 05-123-33251 PDC Energy Inc Fritzler 34-17 PA 05-123-33252 PDC Energy Inc Hood 6-2-20 PA 05-123-33265 PDC Energy Inc McGlothlin 8-6-17 PA 05-123-33239 PDC Energy Inc Fritzler 8-8-17 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. Weld County Referral Y September 18, 2023 Submit by Email The Weld County Department of Planning Services has received the following item for review: Applicant: Lee & Ruby Lindblad, c/o CBEP Solar 22, LLC and Case Number: USR23-0024 M.A. Lindblad, LLC, c/o CBEP Solar 23, LLC Please Reply By: October 16, 2023 Planner: Molly Nelson Project: A Site Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Parcel Number: 080517000023-R1330486 Legal: Part SE4SW4 SECTION 17, T6N, R66W of the 6th 6th P.M., Weld County, Colorado. Parcel Number: 080517000039-R1330986 Legal: LOT B REC EXEMPT RE -391; PART OF THE SE4SW4 SECTION 17, T6N, R66W of the 6th P.M., Weld County, Colorado. Location: NORTH OF AND ADJACENT TO HIGHWAY 392; 0.30 MILES EAST OF WELD COUNTY ROAD 27. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. P P F - We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Ethan Cozzens Date 1.7.24 Agency The New Cache La Poudre Irrigating Company Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 THE NEW CACHE LA POUDRE IRRIGATING COMPANY THE CACHE LA POUDRE RESERVOIR COMPANY (970) 352-0222 Project Review Comments Case Number: USR23-0024 Submittal Date: 9/18/23 Reviewed by: The New Cache La Poudre Irrigating Company Applicant: Lee & Ruby Lindblad In reviewing the application, The New Cache La Poudre Irrigating Company would like to make the following comments. The New Cache La Poudre Irrigating Company canal borders the property running along the north side. The New Cache La Poudre Irrigating Company has a statutory responsibility to operate and maintain the canal. The ditch company has been in existence since 1870 and has a prescriptive easement in this area. This activity includes, but is not limited to weed control, excavation of the canal, weed burning, water delivery, etc. The canal road and adjoining area are utilized for these purposes. Some of these activities occur on an irregular basis depending on need. Access along the canal must be maintained in order to perform our tasks. To maintain the access of the company, no fences, gates, landscaping, shrubs or trees, buildings or any improvements are permitted within the easement without the written permission of New Cache. Below, please find the following comments: - Canal Easement. The Company has an easement and right of way for the Canal and sufficient lands on each side of the Canal for its maintenance, repair, operation, improvement, enlargement, access (including, without limitation, vehicular and pedestrian), and to allow the Company to do whatever is reasonably necessary for the Company to fully utilize and enjoy the easement and right of way; however, in no event shall said easement and right of way be less than thirty five (35) feet in width on each side of the Canal, measured as thirty five (35) feet from top -of -bank. - At this time, it does not appear that the stormwater drainage, or structures, will be impacted by the installation of the solar system. If this changes, please submit revised drawings for review and comment. - At this time, it does not appear that the canal will need to be crossed in any way. If this changes, please submit revised drawings for review and comment. A crossing agreement, and fee, would then be required. Respectfully, Ethan Cozzens General Manager The New Cache La Poudre Irrigating Company 33040 Railroad Avenue • P.O. Box 104 • Lucerne, Colorado 80646 Hello