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Home My WebLink About20242757.tiffHEARING CERTIFICATION DOCKET NO. 2024-54 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR24-0012, FOR A 1041 MAJOR FACILITY OF A PUBLIC UTILITY, INCLUDING AN 80 MEGAWATT AC SOLAR ENERGY FACILITY (SEF) ON 700 ACRES, A 20 MEGAWATT AC BESS (BATTERY ENERGY STORAGE SYSTEM), A STEP-UP SUBSTATION, TRANSFORMER AND MAINTENANCE FACILITIES, AND A 115KV ELECTRICAL LINE CONNECTION TO THE EXISTING SAND CREEK SWITCHING STATION OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - JANUS SOLAR, LLC A public hearing was conducted on October 23, 2024, at 10:00 a.m., with the following present: Commissioner Kevin D. Ross, Chair Commissioner Perry L. Buck, Pro-Tem Commissioner Mike Freeman Commissioner Scott K. James Commissioner Lori Saine Also present: Acting Clerk to the Board, Jess Reid Deputy County Attorney, Karin McDougal Department of Planning Services representative, Diana Aungst Department of Public Health and Environment representative, Lauren Light The following business was transacted: El I hereby certify that pursuant to a notice dated September 16, 2024, and duly published September 18, 2024, and a revised notice to correct the legal description, dated October 4, 2024, and duly published October 9, 2024, in the Greeley Tribune, a public hearing was conducted to consider the request of Janus Solar, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR24-0012, for a 1041 Major Facility of a Public Utility, including an 80 megawatt AC Solar Energy Facility (SEF) on 700 acres, a 20 megawatt AC (Battery Energy Storage System) BESS, a step-up substation, transformer and maintenance facilities, and a 115kV electrical line connection to the existing Sand Creek Switching Station outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Karin McDougal, Deputy County Attorney, made this a matter of record. le Diana Aungst, Department of Planning Services, presented a brief summary of the proposal, provided the general location of the site and mentioned 48 referrals were sent out, resulting in 17 agencies responding with comments. She stated the proposed site is owned by five (5) private property owners, there will be approximately 170,000 solar panels, and the closest residence is approximately 500 feet from the SEF boundary. She relayed the construction period will be 24 to 36 months and provided information on the number of workers on the site during this time, the hours of construction, and details of the lighting and security fence. She noted another SEF (Prospect) will be south of, and adjacent to this project, outlined the numerous plans and reports submitted with the application materials, listed the multiple agencies the applicant coordinated G6.PL O,env, /DA/tom/KR/DA) tt/7/�4 2024-2757 PL2925 HEARING CERTIFICATION - JANUS SOLAR, LLC (USR24-0012) PAGE 2 with on this project, and read some of the referral comments. She described the adjacent properties' zoning and uses, relayed notice was sent to 36 surrounding property owners (SPOs) within 1,320 feet, including mineral owners and lessees. She stated four (4) letters of support were submitted with the application materials, 11 letters of objection were received, and she outlined the concerns in said letters. She explained the applicant's public outreach efforts, which included a meeting attended by eight (8) SPOs and an additional meeting, at later date, with a ninth (9th) SPO. Ms. Aungst stated there are 19 parcels within one -quarter (1/4) mile of the site, six (6) that contain at least one (1) residence, and noted no residences are within 500 feet of the SEF boundary and the nearest residence will be screened by vegetation. El She mentioned there are three (3) USRs within one (1) mile of the site, and because portions of the site are in the floodplain, a Flood Hazard Development Permit is required if there is construction in the floodplain. She described the water needs for SEF and read comments from the State of Colorado, Division of Water Resources (DWR) regarding the re -permitting of an SPO well, for use on the SEF site. She shared, per the Development Review staff, accesses for the site will be on County Road (CR) 71 and CR 73, described the anticipated construction traffic, and mentioned this is an unmanned facility, so only one (1) employee, per week, will travel there to conduct site visits. She relayed Development Review is requesting an Improvements and Road Maintenance Agreement and she entered the favorable recommendation of the Planning Commission into the record, as written. She displayed images of the site and surrounding views. In response to Commissioner James, Ms. Aungst re -displayed an aerial image of both the Janus and Prospect projects and confirmed, together, they total 2,200 acres. Responding to Chair Ross, she re -displayed the image that showed the residences where the letters of support, and objection, came from. Lauren Light, Department of Public Health and Environment, stated, since there will be no employees at the site, they can use screened, portable toilets and bottled water during construction, which can remain onsite for operations, if necessary, and explained the circumstances that would trigger the need for permanent water and sewer service. She outlined the Dust Mitigation Plan, weed control measures, noise restriction requirements, the waste handling measures, and relayed Development Standards (DS) #29-37 address Environmental Health issues. Ms. Aungst clarified the Janus project is 80 megawatt AC, not 199 megawatt AC, as previously mentioned in her presentation. In response to Commissioner Buck's question about lithium ion battery storage, Ms. Aungst compared it to putting the batteries in a refrigerator and then connecting the refrigerators side -by -side, to make a unit, and confirmed they will be above -ground. Responding to Commissioner Saine regarding fire safety, Ms. Aungst explained the applicant has been in contact with the Southeast Weld Fire Protection District (SEWFPD) and the Weld County Office of Emergency Management (OEM) and will provide training for the first responders in the area, who will need to use a special foam, not water, for battery fires. El Maggie McKenna, Horus Energy/applicant, responding to Chair Ross, indicated neither she nor her team had contact with any of the Commissioners regarding this case. She described Horus Energy as a company and introduced the members of her team. She displayed a PowerPoint presentation (Exhibit F) and described the Janus and Prospect SEFs as two closely related projects, adjacent to one another. She explained the reasoning behind submitting two (2) applications, including the fact that the two (2) projects have different points of connection to the electrical grid, as well as different voltages and transmission operators. She relayed the point of 2024-2757 PL2925 HEARING CERTIFICATION - JANUS SOLAR, LLC (USR24-0012) PAGE 3 interconnection for the Janus project is from the Western Area Power Administration (WAPA) Sand Creek Substation, which is adjacent to the north. She outlined all of the components of the project and described the site selection criteria. Jeremy Call, Logan Simpson, represented the applicant, explained the displayed image showing the location of the of the Tri-State and WAPA substations, and described the economic and community benefits of the SEF(s). He cited Weld County Code Section 21-7-350.C.4, explained how the project is compliant with the Code and addressed Commissioner James' previous question about cumulative impacts by displaying a list of studies they performed on the site. He described their community outreach efforts, provided five (5) letters of support from adjacent SPOs (Exhibit G), noted the letters of objections received were not from adjacent SPOs, but rather from residents outside of the notification area, and relayed they are providing customized Vegetative Screening Plans for any SPO that requested it. He displayed an image showing the construction access and routes coming from different directions, relayed the primary accesses are on CR 73 and CR 71, and mentioned the traffic impact was evaluated by transportation consultant firm, Kimley Horn. Mr. Call discussed the details of the Dust Mitigation and Traffic Management Plans and stated the project will require minimal water, even less than traditional farming and oil and gas operations. He described the Colorado Parks and Wildlife (CPVV) recommendations for wildlife and habitat preservation, and discussed mitigating and minimizing adverse impacts. Addressing Commissioner Buck's previous question about the safety of battery storage, he mentioned one of the participating landowners is the president of the SEWFPD, and reiterated first responder training will be done during construction of the facility and will be ongoing. He stated they have followed the National Fire Protection Association Standards, have selected a type of battery storage that meets the criteria for reducing thermal runaway, including ventilation and cooling, there will not be vegetation near them, and they have placed a water storage tank (to be used for on -site or off -site fires) nearby. Mr. Call confirmed for Commissioner Saine that the battery storage is built on a concrete pad, reiterated the spacing with no vegetation around it, and mentioned the ability to remotely turn off the power to let the batteries cool down if they get too hot. He was not able to confirm if the solar panels are made in the United States, as they have not been ordered yet, but confirmed the use of an on -site well, which will be re -permitted prior to use on the SEF. He relayed they are not proposing to use agrivoltaics, and they are committed to maintaining the weeds on the site. 1.1 In response to Commissioner James, Ms. McKenna elaborated that the chemistry of the batteries is such that it is unlikely it will get hot enough to ignite a fire and reiterated there are fire suppression systems within the battery storage containers. She went on to explain that most battery related fires are not during the operation phase and are usually due to external factors, not self -combustion. Mr. Call explained they have a close partnership with the SEWFPD and they plan to do more trainings once the SEF equipment is specified, and stated the water tank is located on the northwest side of facility. Commissioner James cited Section 21-7-350.C.9 of the Code (adequate utilities exist or shall be developed to service the site, as necessary) and questioned whether the DWR had provided a letter indicating such, to which Mr. Call replied, they will not seek to re -permit the well until they are ready to construct the SEF because the landowner wants to use the well for agricultural purposes until then. Regarding wildlife habitat preservation, 2024-2757 PL2925 HEARING CERTIFICATION - JANUS SOLAR, LLC (USR24-0012) PAGE 4 Mr. Call stated they interviewed landowners and had been in communication with CPW, and Ms. McKenna added they have certified biologists that perform on -site field studies. El Commissioner Buck expressed concern with the lithium ion battery storage and the toxins omitted by battery fires, and questioned if there were other lithium ion battery storage facilities in the United States. Mr. Call stated there is lithium ion battery storage in Colorado, including in Weld County, and several in the United States, with toxins similar to what is released from a car fire. In response to Chair Ross, Mr. Call stated he did not believe the proposed site had ever been irrigated, as it appeared to always have been dryland or rangeland. Responding to Commissioner James, Ms. McKenna explained the Decommissioning Plan for the batteries will be refreshed every several years to reflect the cost of recycling, and the bohd amount will be adjusted accordingly so the security is adequate. Kaylee Helzer, Bennett resident, stated she is a 5th generation farmer and is supportive of the SEF, which will allow her family the ability to sustain their farming operations. She spoke of the growing, rural community and the financial struggles of the school district, asserting the SEF can funnel revenue into the school district. Ei Kerry Madole, participating landowner, stated he has the water well that will be re -permitted for use of the SEF, which he relayed is currently a domestic well used to water cows. He explained it has a low output and is not critical to the project, as there are other options available for water. He stated he supports the SEF, citing its location and benefit to the community, and confirmed for Commissioner Saine the well has never been used for irrigation. Kurt Arnusch, SPO, stated he is in support of the SEF, as he believes it will be beneficial for the community and the general area. El Paul Swank, participant landowner, also representing his wife, stated he is a 3rd generation farmer. He believes the SEF will benefit his family, given the difficult weather patterns and sometimes low market prices. The SEF will provide consistent income to maintain the land, which will be in a better condition for agriculture after decommissioning of the SEF. He outlined the benefits to the community, including an influx of income, allowing landowners to conserve their land without giving into development pressures, and providing tax revenue for Weld County and the local school district. He relayed Horus Energy has kept their commitments to his family, asserted their community outreach is unprecedented, and praised them for using local contractors for construction. He stated the SEF will diversify Weld County's energy economy, noted water is commercially available for construction, if needed, and confirmed for Chair Ross the fields have not been irrigated in the last 40 years. Krystin Rupple, Bennett resident, stated she a 5th generation farmer and relayed the SEF can help preserve her family farm and fund local youth sports and programming. Harold Erker, participating landowner, stated he is a 3rd generation dryland farmer, who's retirement plan lies in his land. He is trying to be a good steward of his land and views the SEF as harvesting a different commodity, which to him is more desirable than developing the land and building homes. He relayed Horus Energy has been a good partner in addressing SPO concerns. 2024-2757 PL2925 HEARING CERTIFICATION - JANUS SOLAR, LLC (USR24-0012) PAGE 5 He listed other USRs, approved by Weld County, near his home, asserting the adverse impacts of the SEF, such as water and noise, are minimal compared to other USRs. Rich Werner, UpState Colorado Economic Development, stated this SEF is sited well, referred to Weld County as an all -energy economy, and encouraged the Board to support the project. Alea Swank, Keenesburg resident and 4th generation farmer, stated the SEF would keep the warehouses for the new railroad facility away from their farm, for as long as possible. El Doug Cook, Keenesburg resident, represented H-2 Enterprises, LLC, stated they support the SEF project, confirmed the fire retardant does not contain Per- and polyfluoroalkyl substances (PFAS) materials, and further explained the containment of the lithium ion batteries. Responding to public comment, Mr. Call asserted the people with the highest amount of risk (participating landowners) support the project. He read page 9 of the Emergency Response Plan, outlining the toxins in the lithium ion batteries and reiterated the suppression agent does not contain PFAS materials. In response to Chair Ross, Mr. Call stated they are proposing to take eight (8) to ten (10) acres of topsoil, so approximately 1/100 of the site, confirmed for Commissioner Freeman that removal will not require a Mining Permit, and responding to Chair Ross, stated they will use the CPW and Weld County's recommended seed mix list. The Board discussed the new COA #4.A (project surety), which Ms. Aungst stated was inadvertently left out of the staff report and the Planning Commission Resolution. Regarding DS #48 (the timeline in which construction or use shall commence), Ms. Aungst relayed the applicant requested to extend the timeframe from three (3) years to five (5) years and confirmed for Commissioner James that the timeframe is not dictated by Code, and Ms. McDougal concurred. The Board agreed to all of the aforementioned changes. El In response to Chair Ross, Mr. Call indicated, on behalf of the applicant, that he had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. Ei Ms. Aungst brought attention to the new COA #4.H (re -permit the well through the DWR), which was moved from its original place as COA #1.B, and COA #4.I (Alta Survey), which was added at the request of the Weld County Oil and Gas Energy Department. No public testimony was offered regarding changes made to the Conditions of Approval and Development Standards. In response to Chair Ross, Ms. McKenna indicated, with the addition of COA #4.H and COA #4.I, she had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. Commissioner James made a comparison of the requirement for water in the 1041 Public Utility Code language, versus the USR Code language. 2024-2757 PL2925 HEARING CERTIFICATION - JANUS SOLAR, LLC (USR24-0012) PAGE 6 Commissioner James moved to approve the request of Janus Solar, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR24-0012, for a 1041 Major Facility of a Public Utility, including an 80 megawatt AC Solar Energy Facility (SEF) on 700 acres, a 20 megawatt AC (Battery Energy Storage System) BESS, a step-up substation, transformer and maintenance facilities, and a 115kV electrical line connection to the existing Sand Creek Switching Station outside of subdivisions and historic townsites in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards, as amended, and the motion was seconded by Commissioner Saine. Commissioner Freeman thanked the applicant for their presentation and the participant landowners for speaking, but stated he did not believe this project preserves agriculture, and although he has supported solar in the past, is not supportive of the projects that are hundreds of acres in size and feels Weld County is becoming a dumping ground for solar because some of our municipal neighbors will not allow it. He went on to say he also struggles with the compatibility of solar and what the future of Weld County looks like. Commissioner Buck agreed with Commissioner Freeman but stated the comments from the participating landowners and SPOs carry a lot of weight. Commissioner James thanked the applicant for being the first to go through the 1041 SEF application process, spoke to the changing nature of Weld County, and stated the testimony given showed him solar can supplement family farms just like oil and gas has done. Chair Ross stated he supported the application, understood farmers trying to supplement their agricultural operations and believes the SEF is compatible. He shared Commissioner Freeman's concerns of Weld County becoming dumping ground for solar and applauded the applicant and staff for working through the first 1041 SEF application. There being no further discussion, the hearing was completed at 12:13 p.m. This Certification was approved on the 6th day of November, 2024. BOARD OF COUNTY COMMISSIONERS WELD COUN ATTEST: Kevin D. Ross, Chair Weld County Clerk to the Board W ) Deputy Clerk to the Boa Lori Saine 2024-2757 PL2925 ATTENDANCE LIST DATE : 10 Z3 2,4 NAME PLl3NT LEGIBLY EASE PR A�DRESS�(CITY, STATE ZIP) EMAIL ,_ COUNTY OF RESIDEN SPEAKIN (YIN)? ay for .--m.- v, I1 U.,....r•S ►{ w t.c „s C4L{, LDefrivea-6J 'I 2o(, '1-�.1/u/t: ✓ Ni %7'Nimp cl c /too, 131 Z 17-771 sr, 1D�v ,n,, co yozo- . 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