HomeMy WebLinkAbout20242799.tiffBefore the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Wailes, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
Case Number:
Applicant:
Planner:
Request
Legal Description:
Location:
USR24-0014
Magnum Feedyard Co., LLC. c/o Taelor Solar 1, LLC
Chris Gathman/Diana Aungst
A Site Specific Development Plan and Use by Special Review Permit for the
construction of a 1041 Major Facility of a Public Utility, including a Solar Energy
Facility (SEF) (solar arrays) with a generating capacity up to 650 megawatt AC; a
Battery Energy Storage Facility planned for 650 MWh with a possible increase to
up to 1.300 MWh: a substation (constructed and owned by the applicant) to
interconnect the project to the high voltage transmission system; an operations
area. including an operations and maintenance building. possible water storage.
materials storage and parking: an on -site communication system (communication
lines); Meteorological Stations (approximately 15 high, on posts); up to seven (7)
construction trailers and ten (10) conex containers during construction and up to
four (4) conex containers. post -construction. for parts storage. outside of
subdivisions and historic townsites in the A (Agricultural) Zone District.
All of Section 1 except part of the W1/2 beginning 600'S of NW Cor S2340' El 30'
N2340' W130' to beginning: all of Sections 2. and 3; part of the E1/2 and part of
the W1/2 of Section 10; part of the W1/2 of Section 11; part of the NW1/4 NW1/4
of Section 14; part of the NE1/4 /4 of Section 15. in Township 2 North. and all of
Sections 33 and 34; the S1/2 of Section 35. part of the S1/2 of Section 32. in
Township 3 North. all located in Range 61 West of the 6th P.M. Weld County,
Colorado.
4300 acres (on multiple parcels), located two (2) miles south of the Interstate
76/County Road 91 intersection. 0.75 miles north of the County Road 20/County
Road 93 intersection. west of and adjacent to the Weld County/Morgan County
Line. approximately 7.5 miles east of County Road 75.5.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Chapter 21 of the Weld
County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
21-7-350. A of the Weld County Code, as follows:
A. Section 21-7-350. C. 1 — The health, welfare and safety of the citizens of the County will be protected
and served.
Taelor Solar 1, LLC is a proposed 1041 Solar Energy Facility (SEF) known as Taelor Solar
(Project) The Project will be approximately 4,300 acres in size and will generate about 650 -
megawatt AC (MWAC). The Project will be located on a total of seventeen (17) parcels all owned
by Magnum Feedyard CO, LLC. The location of Taelor Solar is generally between County Road 22
and County Road 28 (section line) and between County Road 87 (section line) and County Road
97 (section line) adjacent to the Morgan County Line. Kiowa Creek travels northeast/southwest
through the southern portion of the SEF.
In addition to the 600,000 solar panels a Battery Energy Storage System (BESS), substation, on -
site communication system. a few Meteorological (MET) Stations are proposed. The operations
area will encompass approximately ten (10) acres north of the BNSF railway tracks on the northeast
corner of County Road 26 and 91 section line ROW. The operation area will include an operations
and maintenance building. possible water storage. materials storage. and parking. Up to seven (7)
construction trailers and ten (10) conex containers are proposed during construction and up to four
(4) conex containers will remain on -site for the duration of the life of the SEF for parts storage.
One (1) or more (and exact number was not provided) MET Station will be permanently installed
on the Project site. This MET Station(s) will be placed on posts between fifteen — thirty-five (15-35)
feet tall and will remain during Project operations. The quantity and locations of MET Stations will
be determined during final design.
Resolution USR24-0014
Magnum Feedyard Co , LLC, c/o Taelor Solar 1, LLC
Page 2
Much of the site is former pasture ground that, according to the application materials, currently has
no productive use due to overgrazing and the property owner has not been able to use it as pasture
since acquiring the land in 2021 Approximately 594 acres of the total 4,300 acres primarily along
the Kiowa Creek is predominantly in corn crop production The owner has reported that, " the
performance of these areas is marginal at best and does not believe this current use rep er sents
their highest and best use "
The adjacent properties are zoned A (Agricultural) and the land uses include pastures, crops, and
rural residences Per Section 21-2-260 the Department of Planning Services sent notice to the
forty-six (46) surrounding property owners with 1,320 feet and the owners and lessees of the
mineral estate on or under the parcels The Department of Planning Services received two (2)
letters of support The Department of Planning Services received one (1) letter of objection
The Community and Agency Outreach report states that in June of 2023 the Taelor Solar team
addressed the concerns raised by Wiggins -area and eastern Weld County community members
The changes to the Project based on the input from the public meeting include the following
i Reducing the area where modules would be built,
ii Increasing setbacks to neighboring homes, and
iii Adjusting the temporary construction traffic routing to reduce the number of impacted
neighbors by 90%
Potential hazards associated with a SEF, BESS, and substation are fire and explosion The
Hazards and Emergency Procedures report states that solar projects generally provide minimal
risk for explosion hazards during operation There will be some fuel stored on site for construction
equipment
Electrical equipment including inverters and transformers will be housed in appropriately rated
National Electric Manufacturers Association (NEMA) enclosures Each BESS container or building
module would have its own fire detection, suppression, and alarm systems There would be no
vegetation or other flammable fuels in the BESS and substation areas Vegetation around buildings
and electrical equipment in the solar field will be maintained to minimize fire risk
Taelor Solar will continue to coordinate with local fire protection districts and fire safety personnel
to ensure adequate plans and systems are in place in the unlikely event a fire issue occurs at the
solar project or BESS Appropriate signage containing necessary contact and safety information
for the BESS will be displayed in accordance with local code and coordination with County and fire
district officials and staff Emergency personnel will also be provided the access key or code for
the gates
A detailed Fire Protection Plan would be provided to the County Office of Emergency Management
and the local fire district for review and approval prior to the start of construction
Southeast Weld Fire Protection District submitted referral agency comments dated May 30, 2024
stating that they have no concerns The Community and Agency Outreach section of the application
materials stated that Taelor Solar has provided safety training sessions to Southeast Weld Fire
Protection District and Wiggins Rural Fire Protection District on April 9, 2024 with support from
consultant, Fire & Risk Alliance
The Weld County Office of Emergency Management (OEM) submitted referral agency comments,
dated September 26, 2024, stating that the operators are required to provide an Emergency
Response Plan for the facility and that the operator coordinate with the Fire District on any risk
associated to the BESS storage unit, and provide training to first responders for any response
required to the facility
The Design Standards (Section 23-2-240), Operation Standards (Section 23-2-250), Conditions of
Approval, and Development Standards ensure that there are adequate provisions for the protection
Resolution USR24-0014
Magnum Feedyard Co , LLC, c/o Taelor Solar 1, LLC
Page 3
of health, safety, and welfare of the inhabitants of the neighborhood and County
B Section 21-7-350 C 2 — The natural and socio-economic environment of the County will be
protected and enhanced
The Taelor Solar Economic Impact Analysis provided with the application materials states that the
project will be constructed over two (2) phases that are expected to last four (4) years The Project's
direct, indirect, and induced effects in the regional economy (i e , Morgan and Weld Counties) are
expected to result in a total of $54 2 million of economic output, supporting 450 4 job -years (112 6
jobs per year), and $27 4 million in labor earnings over the construction period The Project will
also produce $1 7 million of economic output, 17 7 total jobs per year and $1 2 million of labor
earnings during the operations period Results at the state level include a total of $1 1 billion of
economic output, supporting 5,542 job -years (1,385 jobs per year), and $441 2 million of labor
earnings over the construction period, and $8 2 million of economic output, 45 2 total jobs per year
and $3 3 million of labor earnings per year during the operations period
C Section 21-7-350 C 3 -- All reasonable alternatives to the proposed action, including use of existing
nghts-of-way and joint use of nghts-of-way wherever uses are compatible, have been adequately
presented
Access to the project site would be provided by existing roads and rights -of -way The proposed
transmission interconnection would utilize transmission lines that cross the site therefore off -site
transmission is not required or proposed Co -locating the Project with a major transmission line
minimizes the overall impacts Xcel's Clean Power Pathway 345 (kV) transmission line is proposing
to cross the site The Power Pathway 345 (kV) transmission line was approved by the Board of
County Commissioners on April 3, 2024
D Section 21-7-350 C 4 -- The proposed action is compatible with and represents the best interests
of the people of the County and represents a fair and reasonable utilization of resources in the
impact area
Heritage Environmental Consultants, LLC (Heritage) held discussions with Colorado Parks and
Wildlife (CPW) department and submitted a Biological Survey Plan that identifies the method that
Heritage will use to implement pre -project surveys including a field review, swift fox surveys, greater
prairie chicken and plains sharp -tailed grouse surveys, black -tailed prairie dog surveys raptor and
nesting surveys and reporting The Biological Survey Plan was accepted by CPW per an email
dated April 21, 2023 Both the CPW and the USFWS state that threatened and endangered species
exist on the site, including but not limited to, Western Burrowing Owls, Golden and Bald Eagles,
and the Preble's Meadow Jumping Mouse The CPW submitted referral agency comments dated
June 18, 2024 requesting the placement of a 250 -foot -wide wildlife corridor, reducing or eliminating
night-time light to minimize wildlife attraction to Project infrastructure, and requesting that the
installation of the transmission lines follow the Avian Power Line Interaction Committee (APLIC)
standards and be installed outside the raptor nesting season
The U S Fish & Wildlife Service (USFWS) (Service) submitted referral agency comments dated
June 14, 2024 that stated that the construction of the SEF should avoid wetlands and riparian
areas The Service also provided recommendations for protective measures for threatened and
endangered species in accordance with the Endangered Species Act (ESA)
A wildlife friendly fence will surround the entire 4,300 acres and the BESS and substation will be
enclosed with a chain -link fence with a three (3) strand barbed wire outrigger The 1041 SEF map
shows the location of the fencing and indicates that the flow path of the Kowa Creek will be open
(not fenced) and may meet the requirement of a 250' wildlife corridor as required by CPW
The solar facility will be checked weekly, either remotely or in person (or escape structures will be
installed inside the fenced area), to allow animals to escape if they become trapped within the
facility Taelor will report mortalities, trapped or injured wildlife, or other reportable incidents to the
Resolution USR24-0014
Magnum Feedyard Co , LLC, c/o Taelor Solar 1, LLC
Page 4
local District Wildlife Manager Taelor will document and report these findings to CPW annually for
three years
Colorado Parks and Wildlife also indicated that they would like to work with the Developer of
developing a 250 -foot wildlife corridor because the project occurs within big game wintering
habitats, recommends that the project not be lit at night and that transmission lines serving this
project be installed according to Avian Power Line Interaction Committee standards and outside of
the raptor nesting season
The US Department of Energy, the Environmental Protection Agency, and the US Army Corps of
Engineers did not submit a referral agency response
Weld County Oil & Gas Energy Department (OGED) submitted referral agency comments dated
June 4, 2024, indicating that there are no active or proposed 1041 WOGLA Permits on the subject
properties but there are several oil and gas encumbrances near the subject properties
Limited grading is expected for the site Vegetation will be removed for construction and
maintenance Grading will occur for site roads, buildings, equipment enclosures, substation, MET
stations, and localized grading within the solar array In other areas, vegetation will be mowed for
construction safety The Southeast Weld Conservation District (District) submitted referral agency
comments dated October 8, 2024 which state that, "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 pre -planting grass seed, installing hedgerows or windbreaks, and
practicing soil conservation measures " According to the Natural Resource Conservation Service
soil report about seventy-three (73) acres are considered Farmland of Statewide Importance The
following table list the soils categories on the site
Soil Type
Farmland Classification
Acres
Bresser sandy loam, low slopes
Farmland of Statewide Importance
2
Valent sand, high slopes
Not Prime Farmland
10
Bresser sandy loam, low slopes
Prime Farmland if Irrigated and the Product of
I (Soil Erodibility) X C (Climate Factor) Does
Not Exceed 60
14
Colombo clay loam, low slopes
Prime Farmland if Irrigated
727
Colombo clay loam, low slopes
Prime Farmland if Irrigated
114
Haverson loam, low slopes
Prime Farmland if Irrigated
188
Osgood sand, low slopes
Farmland of Statewide Importance
71
Valent sand, low slopes
Farmland of Local Importance
299
Valent sand, high slopes
Not Prime Farmland
3,021
Vona loamy sand, low slopes
Farmland of Local Importance
1
The Project will require water during construction primarily for dust control and consumptive use
for concrete and other needs Water consumption during operation would be relatively low and
primarily for potable uses by site personnel and possible periodic washing of panels Construction
water needs are estimated to be up to approximately 250 acre-feet per year over the course of the
construction period Estimated operational water requirements will be up to fifteen to thirty (15 to
30) acre-feet per year Taelor Solar plans to purchase construction and operations water from the
landowner's existing wells There are eleven (11) irrigation wells on the Project site, with well permit
numbers 8309-RFP, 8310-RFP, 8311-RFP-R, 12356-RFP, 12357-RFP, 3967 -FP, 6984-RFP,
6985-RFP, 6986-RFP, 8793-RFP, and 14705-RFP Per the agreement between the landowner and
Taelor Solar one or more of these wells will be transitioned to commercial be in order to be utilized
for the Project
State of Colorado Division of Water Resources returned a referral dated May 31, 2024, stating, "In
order to change the use of these wells, the well owner must file an application for each well to
change the allowed use, using form DBB-005, which must be submitted with a report with a
Resolution USR24-0014
Magnum Feedyard Co , LLC, c/o Taelor Solar 1, LLC
Page 5
historical consumptive use analysis and supporting documentation (such as historical pumping or
power consumption records, a pump test, and historical crop practices) The owner must also
obtain a new permit pursuant to the approved changed uses in order to use the well for the new
uses "
Sewage is not required on the site and portable toilets will be provided during construction
E Section 21-7-350 C 5 -- A satisfactory program to mitigate and minimize adverse impacts has been
presented, including decommissioning and reclamation
The Taelor Solar 1041 Solar Energy Facility (SEF) is proposed to be located on 4,300 acres
generate about 650 -megawatt AC (MWAC) The Project will be located on a total of sixteen (16)
parcels all owned by Magnum Feedyard CO, LLC The Project is generally located between County
Road 22 and County Road 28 (section line) and between County Road 87 (section line) and County
Road 97 (section line) Kowa Creek and Jackrabbit Creek travel northeast/southwest through the
southern portion of the SEF The Project will generate about 650 -megawatt AC (MWAC) In addition
to the 600,000 solar panels a Battery Energy Storage System (BESS), substation, on -site
communication system, a few Meteorological (MET) Stations are proposed The operations area
will encompass approximately ten (10) acres north of the BNSF railway tracks on the northeast
corner of County Road 26 and 91 section line ROW The operation area will include an operations
and maintenance building, possible water storage, materials storage, and parking Up to seven (7)
construction trailers and ten (10) conex containers are proposed during construction and up to four
(4) conex containers will remain on -site for the duration of the life of the SEF for parts storage
One (1) or more (the exact number was not provided) Meteorological (MET) Station(s) will be
permanently installed on the Project site These MET Stations will be placed on posts between
fifteen — thirty-five (15-35) feet tall and will remain during Project operations The quantity and
locations of MET Stations will be determined during final design
Ground -mounted solar collectors will be less than ten (10) feet as measured from the highest grade
below each solar panel to the highest extent of the solar panel rotation The SEF is not within 500
feet of any residence
The application materials include reports that outlined the adverse impacts and the actions that will
be taken to minimize these impacts These reports include the following a Photosim (visual
impacts), a Biological Survey Plan (Wildlife Study Plan and CPW Consultation), a Dust and Weed
Mitigation Plan, a Preliminary Drainage Report, a Hazards and Emergency Procedures plan, an
Economic Impact Analysis (Socio-Economic Report), an Aquatics Resource Survey Report
(Wetland Study), and a Cultural Resources Class I Analysis, a Noise Report, and a G/are Hazard
Assessment along with a Decommissioning and Reclamation Plan These reports along with the
remainder of the application materials outline the impacts and the mitigation measures for ,the
identified impacts
Visual impact
The Project's visual impact to the adjacent residences was assessed via a series of photosims
The visual simulations were views of the Project from the closest residences Generally, the closest
residences will have a clear view of the Project The visual impacts were assessed from locations
within a half -mile radius of the proposed Project site and according to the application materials, the
Project is not generally visible from 1-76 The, Project is about one -and -a -half (1 5) miles south of 1-
76 at its nearest point and the visibility is partially screened by the topography and the fact that the
structural components of the Project are generally less than fifteen (15) feet tall No screening is
proposed
Wildlife
The U S Fish & Wildlife Service (USFWS) (Service) submitted referral agency comments dated
June 14, 2024 that stated that the construction of the SEF should avoid wetlands and riparian
areas The Service also provided recommendations for protective measures for threatened and
Resolution USR24-0014
Magnum Feedyard Co , LLC, do Taelor Solar 1, LLC
Page 6
endangered species in accordance with the Endangered Species Act (ESA) Heritage
Environmental Consultants, LLC held discussions with Colorado Parks and Wildlife (CPW)
department and submitted a Biological Survey Plan that was accepted by CPW per an email dated
April 21, 2023 Both the CPW and the USFWS stated that there are threatened and endangered
species on the site, including but not limited to, Western Burrowing Owls, Golden and Bald Eagles,
and the Preble's Meadow Jumping Mouse The CPW submitted referral agency comments dated
June 18, 2024 requesting the placement of a 250 -foot -wide wildlife corridor, reducing or eliminating
night-time light to minimize wildlife attraction to Project infrastructure, and requesting that the
installation of the transmission lines follow the Avian Power Line Interaction Committee (APLIC)
standards and be installed outside the raptor nesting season
A wildlife friendly fence will surround the entire 4,300 acres and the BESS and substation will be
enclosed with a chain -link fence with a three (3) strand barbed wire outrigger The 1041 SEF map
shows the location of the fencing and indicates that the flow path of the Kiowa Creek will be open
(not fenced) and may meet the requirement of a 250' wildlife corridor as required by CPW
Drainage
The Preliminary Drainage Report states that, "In the existing condition, a majority of the site drains
to the north The nearest water feature is Kiowa Creek (public), which passes through a portion of
the project site on the east Kiowa Creek flows north-northwest to its ultimate receiving waters, the
South Platte River The existing drainage patterns will be maintained in the proposed condition "
About 80% of the soils have a Hydrologic Soil Group rating of A or B (sandy soils) with the
remainder classified as C The development of the Site will maintain surface flow conditions, so
runoff will flow slowly and have a greater chance of infiltration before entering Kiowa Creek There
are no proposed features that would cause channelization within the project area Additionally, the
impervious areas (gravel access roads and concrete inverters) are disconnected and will sheet flow
across hundreds of feet of native vegetation before entering Kiowa Creek Finally, Kiowa Creek will
quickly convey surface runoff offsite to the north
The areas under the solar panels will be planted with a low -maintenance, native grass seed mix,
in order to mimic natural processes to manage stormwater, seed, installing hedgerows or
windbreaks, and practicing soil conservation measures A substation pad and BESS area is
proposed within the substation basin Due to the change in imperviousness in this sub -basin, an
extended detention basin is proposed to capture and attenuate excess stormwater runoff from the
proposed areas
Grading
Limited grading is expected for the site Vegetation will be removed for construction and
maintenance Grading will occur for site roads, buildings, equipment enclosures, substation, MET
stations, and localized grading within the solar array In other areas, vegetation will be mowed for
construction safety
Dust management
The Dust and Weed Management Plan states that dust control will be required for grading, vehicles
driving on unpaved roads, clearing, and excavation for staging areas The existing soil types make
the use of palliatives, suppressants, and binders difficult Taelor Solar will utilize any existing
stabilized access roads as much as possible, construct a wind barrier (such as a fence) in dominant
wind direction to minimize wind erosion and blowing dust, import clayey soils to mix into top six (6)
inches of sand to create a suitable substrate for palliatives, suppressants, or binders to attach to,
mix the top six (6) inches of sandy soils with fly ash to harden soil surface, and cover unpaved road
surfaces with gravel, road base, or recycled asphalt (minimum of 4" thick) The palliatives,
suppressants, or binders will not include oil and may include potable and/or natural groundwater,
magnesium chloride, and calcium chloride
Resolution USR24-0014
Magnum Feedyard Co , LLC, c/o Taelor Solar 1, LLC
Page 7
Water
The Project will require water during construction primarily for dust control and consumptive use
for concrete and other needs Water consumption during operation would be relatively low and
primarily for potable uses by site personnel and possible periodic washing of panels Construction
water needs are estimated to be up to approximately 250 acre-feet per year over the course of the
construction period Estimated operational water requirements will be up to fifteen to thirty (15 to
30) acre-feet per year Taelor Solar plans to purchase construction and operations water from the
landowner's existing wells There are eleven (11) irrigation wells on the Project site, with well permit
numbers 8309-RFP, 8310-RFP, 8311-RFP-R, 12356-RFP, 12357 -REP, 3967 -FP, 6984-RFP,
6985-RFP, 6986-RFP, 8793-RFP, and 14705-RFP Per the agreement between the landowner and
Taelor Solar one or more of these wells will be transitioned to commercial be in order to be utilized
for the Project
State of Colorado Division of Water Resources returned a referral dated May 31, 2024, stating, "In
order to change the use of these wells, the well owner must file an application for each well to
change the allowed use, using form DBB-005, which must be submitted with a report with a
historical consumptive use analysis and supporting documentation (such as historical pumping or
power consumption records, a pump test, and historical crop practices) The owner must also
obtain a new permit pursuant to the approved changed uses in order to use the well for the new
uses "
Bottled water and portable toilets will be used during construction
Noise
The Code sets maximum noise level at 55 dBA during the day and 50 dBA at night, with limits of
80 dBA and 75 dBA for temporary construction activities
The equipment noise assessment analyzed the noise from a solar inverter (PCS) and BESS
equipment The PCS had a maximum dBA level of 89 1 dBA measured at a distance of 4 feet At
a distance of 250 feet the dBA would reduce to 55 dBA The PCS will be at least 350 feet from the
nearest parcel boundary and more than 1,000 feet to the nearest residence Based on this data
and the location of the equipment the Project will meet the noise requirements as outlined in the
Code
The noise related to construction will be noticeable to the residents in the area Construction is
temporary in nature and is not anticipated to exceed maximum levels at the property boundary for
construction activities The noise would be generated along the major access routes by vehicles
delivering workers and supplies to the site Construction is limited to daylight hours however the
application materials also state that night-time construction may be a possibility No noise mitigation
has been submitted in the event construction continues into the night
G/are
A Glare Hazard Assessment -was submitted with the application materials This assessment
categorized the glare into one of the three (3) ocular hazard color codes of green, yellow or red
Green has glare with low potential to cause temporary afterimage (i e lingering image in a viewer's
eye associated with a flash of light) to a viewer prior to a typical blink response time Yellow has
glare with potential to cause temporary afterimage to a viewer prior to a typical blink response time
Red has glare with potential to cause retinal damage to a viewer prior to a typical blink response
time The Project is not predicted to create red glare at any of the studied receptor locations
However, assuming a resting angle of 3° for the solar panels, yellow glare was predicted on County
Road 95 The solar panels in this section, (approximately 1,160 feet long and 100 feet wide), were
predicted to cause yellow glare between 3 30 pm and 4 30 pm from early November to early
February Also, assuming the same resting angle of 3°, yellow glare was predicted on the BNSF
railroad from a section of the array just south of the track The solar panels in this section,
(approximately 800 feet long and 25 feet wide), were predicted to cause yellow glare between 6 00
am and 8 00 am from late October to mid -February This amounts to yellow glare being possible in
Resolution USR24-0014
Magnum Feedyard Co , LLC, c/o Taelor Solar 1, LLC
Page 8
approximately 0 11% of the daytime annually Taelor Solar has stated that this yellow glare will be
mitigated by ensuring that the resting angle of the solar panels will be kept between 15° and 20°
Decommissioning and Reclamation Plan
The Decommissioning and Reclamation Plan states that all components including panels,
inverters, wire, cable, combiner boxes, transformers, racks, trackers, tracker motors, weather
monitoring, control system apparatus, non -utility owned equipment, conduits, structures, fencing,
and foundations to a depth agreed to in landowner agreements or thirty-six (36) inches will be
removed and the property will be restored to a condition reasonably similar to its condition prior to
installation of Taelor Solar or as initially agreed upon Additionally, vegetation suitable for the
location, native to the region, and which matches surrounding vegetation will be planted
Per Section 23-4-1030 B 4 of the Weld County Code an irrevocable standby letter of credit, bond,
or alternate form of security in an amount sufficient to fund the estimated
decommissioning/reclamation costs required by, for acceptance and approval by the Weld County
Board of County Commissioners
F Section 21-7-350 C 6 -- The nature and location or expansion of the facility complies with all
applicable provisions of the master plan of this County and service areas, and other applicable
regional, metropolitan, state and national plans
The Project is generally located between County Road 22 and County Road 28 (section line) and
between County Road 87 (section line) and County Road 97 (section line) and is in a remote area
of the County adjacent to the Morgan County Line The site is not within a Coordinate Planning
Agreement area (CPA) or a three (3) mile referral area for any municipality
The first responders and/or emergency services that are affected with this proposal include the
Sheriffs Department and the Southeast Weld Fire Protection District The Weld County Sheriffs
Office submitted a referral agency response dated May 29, 2024 stating that they have no concerns
and the Southeast Weld Fire Protection District also submitted referral agency comments dated
May 30, 2024 stating that they also have no concerns The Public Outreach section of the
application materials stated that Taelor Solar has provided safety training sessions to Southeast
Weld Fire Protection District and Wiggins Rural Fire Protection Distract on April 9, 2024 with support
from consultant, Fire & Risk Alliance
The Weld County Office of Emergency Management (OEM) submitted referral agency comments,
dated September 26, 2024, stating that the operators are required to provide an Emergency
Response Plan for the facility and that the operator coordinate with the Fire District on any risk
associated to the BESS storage unit, and provide training to first responders for any response
required to the facility
During the twenty-four to thirty-six (24 to 36) -month construction period there will be 300-450
workers at the site Construction of the Project will occur during daylight hours on weekdays
Weekend construction activities could be needed If nighttime construction is needed, lighting would
be provided by portable downward -casting lights that would only illuminate the local work area
The construction is expected to start with the installation of the perimeter fencing Site preparation
and the installation of solar equipment is expected to move continuously across the site from one
array to the next Substation and interconnection construction would occur in parallel with
construction of the solar arrays
G Section 21-7-350 C 7 — The nature and location or expansion of the facility does not unduly or
unreasonably impact existing community services, nor will it create an expansion of the demand
for government services beyond the reasonable capacity of the community or region to provide
such services, as determined by the Board of County Commissioners
Resolution USR24-0014
Magnum Feedyard Co , LLC, c/o Taelor Solar 1, LLC
Page 9
The government services significantly affected with this proposal include, but are not limited to, first
responders and/or emergency services including the Sheriffs Department and the Southeast Weld
Fire Protection District The Weld County Sheriffs Office and the Southeast Weld Fire Protection
District submitted referral responses dated May 29, 2024 and May 30, 2024 respectively stating no
concerns
The Weld County Office of Emergency Management (OEM) submitted referral agency comments,
dated September 26, 2024, stating that the operators are required to provide an Emergency
Response Plan for the facility and that the operator coordinate with the Fire District on any risk
associated to the BESS storage unit, and provide training to first responders for any response
required to the facility
The Weld County School District RE -3J and Wiggins School District did not return referral agencies
responses
H Section 21-7-350 C 8 -- The nature and location of the facility or expansion will not unduly interfere
with existing easements, nghts-of-way, other utilities, canals, mineral claims or roads
No ditches, canals, laterals or pipelines have been identified through title and survey work The
Project will not interfere with existing easement, rights -of -way (ROWs), utilities, canals, roads or
mineral claims All surface rights and mineral owners impacted will be notified as a part of the
permitting process The Project has been sited adjacent to major new transmission infrastructure
(Pathways) in part to limit the ROWs and infrastructure necessary to interconnect the Project
Based on the absence of ditches, canals and laterals that are visible or are of record, no associated
encroachment agreements or easements have been obtained
Section 21-7-350 C 9 -- Adequate utilities exist or shall be developed to service the site, as
necessary
The Project will require water during construction primarily for dust control and consumptive use
for concrete and other needs Water consumption during operation would be relatively low and
primarily for potable uses by site personnel and possible periodic washing of panels Construction
water needs are estimated to be up to approximately 250 acre-feet per year over the course of the
construction period Estimated operational water requirements will be up to fifteen to thirty (15 to
30) acre-feet per year Taelor Solar plans to purchase construction and operations water from the
landowner's existing wells There are eleven (11) irrigation wells on the Project site, with well permit
numbers 8309-RFP, 8310-RFP, 8311-RFP-R, 12356-RFP, 12357-RFP, 3967 -FP, 6984-RFP,
6985-RFP, 6986-RFP, 8793-RFP, and 14705-RFP Per the agreement between the landowner and
Taelor Solar one or more of these wells will be transitioned to commercial be in order to be utilized
for the Project
State of Colorado Division of Water Resources returned a referral dated May 31, 2024, stating, "In
order to change the use of these wells, the well owner must file an application for each well to
change the allowed use, using form DBB-005, which must be submitted with a report with a
historical consumptive use analysis and supporting documentation (such as historical pumping or
power consumption records, a pump test, and historical crop practices) The owner must also
obtain a new permit pursuant to the approved changed uses in order to use the well for the new
uses "
Bottled water and portable toilets will be used during construction
J Section 21-7-350 C 10 -- The nature and location for expansion of the facility will not unduly
interfere with any significant wildlife habitat or adversely affect any endangered wildlife species,
unique natural resource or historic landmark within the impact area
Resolution USR24-0014
Magnum Feedyard Co , LLC, c/o Taelor Solar 1, LLC
Page 10
The Project is generally located between County Road 22 and County Road 28 (section line) and
between County Road 87 (section line) and County Road 97 (section line) and is in a remote area
of the County adjacent to the Morgan County Line The Project is characterized as a utility -scale
Solar Energy Facility (SEF) on 4,300 -acres
There is one (1) USR within the subject site and no USRs within one (1) mile of the exterior
boundary of the SEF USR-1129 is located on Section 2, T2N, R61W This parcel is slated to be
encumbered this this USR24-0014 therefore USR-1129 shall be fully vacated This is a Condition
of Approval
Linear infrastructure includes, BNSF railway tracks, local, primarily gravel, roads, Kiowa and Jack
Rabbit Creeks and associated unnamed tributaries The applicant has submitted a petition to
vacate the internal rights -of -way (ROW) in order to eliminate the setback requirement Staff has
presented a Revocable License Agreement (RLA) as an alternative to vacating the ROW The RLA
would allow construction in the ROW As of the writing of this memo it was unknow whether the
ROW would be vacated or if the applicant would prefer to enter into a Revocable License
Agreement
The U S Fish & Wildlife Service (USFWS) (Service) submitted referral agency comments dated
June 14, 2024 that stated that the construction of the SEF should avoid wetlands and riparian
areas The Service also provided recommendations for protective measures for threatened and
endangered species in accordance with the Endangered Species Act (ESA) Heritage
Environmental Consultants, LLC held discussions with Colorado Parks and Wildlife (CPW)
department and submitted a Biological Survey Plan that was accepted by CPW per an email dated
April 21, 2023 Both the CPW and the USFWS state threatened and endangered species exist on
the site, including but not limited to, Western Burrowing Owls, Golden and Bald Eagles, and the
Preble's Meadow Jumping Mouse The CPW submitted referral agency comments dated June 18,
2024 requesting the placement of a 250 -foot -wide wildlife corridor, reducing or eliminating night-
time light to minimize wildlife attraction to Project infrastructure, and requesting that the installation
of the transmission lines follow the Avian Power Line Interaction Committee (APLIC) standards and
be installed outside the raptor nesting season
A wildlife friendly fence will surround the entire 4,300 acres and the BESS and substation will be
enclosed with a chain -link fence with a three (3) strand barbed wire outrigger The 1041 SEF map
shows the location of the fencing and indicates that the flow path of the Kiowa Creek will be open
(not fenced) and may meet the requirement of a 250' wildlife corridor as required by CPW
The US Department of Energy, the Environmental Protection Agency, the US Army Corps of
Engineers, and History Colorado did not submit referral agency comments
The Southeast Weld Conservation District (District) submitted referral agency comments dated
October 8, 2024 which state that, "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 pre -planting grass seed, installing hedgerows or windbreaks, and practicing soil
conservation measures "
K Section 21-7-350 C 11 -- The geological and topographic features of the site are adequate for all
construction, cleanng, grading, drainage, vegetation and other needs of the facility construction or
expansion
The proposed Project site is suitable for the proposed solar facility development Solar projects
have access to a range of technologies and construction methodologies that make installation
possible on a wide range of soil types and geological conditions The pre -construction analyses
include, among others, a preliminary drainage report, erosion control plan, and vegetation
management plan
Resolution USR24-0014
Magnum Feedyard Co , LLC, c/o Taelor Solar 1, LLC
Page 11
The prevalent natural hazard is flooding from Kiowa Creek, Jack Rabbit Creek, and associated
unnamed tributaries The referral agency comments from the Floodplain Administrator, dated July
18, 2024, state that while there is FEMA studied 100 -year floodplain (Zone A) for Kiowa Creek, in
Morgan County just east and adjacent to the Project, is a FEMA mapped 100 -year floodplain
however the study area does not extend into Weld County However, since there is a Special Flood
Hazard Area mapped along Kiowa Creek in Morgan County by extrapolation there is 100 -year
floodplain in Weld County along the same creek Due to the nature of the proposed facility (i e a
critical 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
Apart from the creek beds the topography is gently rolling (somewhat flat) and a combination of
crops, such as alpha, and the remainder is undeveloped land There is only one (1) parcel with
improvements on it The parcel on the southwest corner of County Road 26 1/2 and County Road
95 has two (2) residences, and about sixteen (16) agricultural outbuildings including grain bins,
sheds, and a Quonset hut
Colorado Geologic Survey did not return a referral agency response The hydrologic issues on
Project site are rivenne flooding and erosive, velocities, in addition to isolated pockets of ponding
The Southeast Weld Conservation District (District) submitted referral agency comments dated -
October 8, 2024 which state that, "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 pre -planting grass seed, installing hedgerows or windbreaks, and practicing soil
conservation measures "
L Section 21-7-350 C 12 -- The existing water quality of affected state waters will not be degraded
below state and federal standards or established baseline levels
The prevalent natural hazard is flooding from Kiowa Creek, Jack Rabbit Creek, and associated
unnamed tributaries The referral agency comments from the Floodplain Administrator, dated July
18, 2024, state that while there is FEMA studied 100 -year floodplain (Zone A) for Kiowa Creek, in
Morgan County just east and adjacent to the Project, is a FEMA mapped 100 -year floodplain
however the study area does not extend into Weld County However, since there is a Special Flood
Hazard Area mapped along Kiowa Creek in Morgan County by extrapolation there is 100 -year
floodplain in Weld County along the same creek Due to the nature of the proposed facility (i e a
critical 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
The US Army Corps of Engineers did not submit a referral agency response
The Preliminary Drainage Report states that, "In the existing condition, a majority of the site drains
to the north The nearest water feature is Kiowa Creek (public), which passes through a portion of
the project site on the east Kiowa Creek flows north-northeast to its ultimate receiving waters, the
South Platte River The existing drainage patterns will be maintained in the proposed condition "
About 80% of the soils have a Hydrologic Soil Group rating of A or B (sandy soils) with the
remainder classified as C The development of the Site will maintain surface flow conditions, so
runoff will flow slowly and have a greater chance of infiltration before entering Kiowa Creek There
are no proposed features that would cause channelization within the project area Additionally, the
impervious areas (gravel access roads and concrete inverters) are disconnected and will sheet flow
across hundreds of feet of native vegetation before entering Kiowa Creek Finally, Kiowa Creek will
quickly convey surface runoff offsite to the north
M Section 21-7-350 C 13 -- The proposed project will not have a significantly adverse net effect on
the capacities or functioning of streams, lakes and reservoirs in the impact area
Resolution USR24-0014
Magnum Feedyard Co , LLC, c/o Taelor Solar 1, LLC
Page 12
Kiowa Creek, Jack Rabbit Creek, and associated unnamed tributaries travel through the Project
The draft 1041 map shows that the configuration of the 600,000 solar panels are such as to avoid
these stream beds
N Section 21-7-350 C 14 -- The benefits of the proposed developments over the life of the project
outweigh the temporary losses of any natural resources or reduction of productivity of agricultural
lands as a result of the proposed development -
Taelor Solar 1, LLC is a proposed 1041 Solar Energy Facility (SEF) known as Taelor Solar
(Project) The Project will be approximately 4,300 acres in size and will generate about 650 -
megawatt AC (MWAC) The Project will be located on a total of seventeen (17) parcels all owned
by Magnum Feedyard CO, LLC The location of Taelor Solar is generally between County Road 22
and County Road 28 (section line) and between County Road 87 (section line) and County Road
97 (section line) adjacent to the Morgan County Line Kiowa Creek travels northeast/southwest
through the southern portion of the SEF
In addition to the —600,000 solar panels a Battery Energy Storage System (BESS), substation, on -
site communication system, a few Meteorological (MET) Stations are proposed The operations
area will encompass approximately ten (10) acres north of the BNSF railway tracks on the northeast
corner of County Road 26 and 91 section line ROW The operation area will include an operations
and maintenance building, possible water storage, materials storage, and parking Up to seven (7)
construction trailers and ten (10) conex containers are proposed during construction and up to four
(4) conex containers will remain on -site for the duration of the life of the SEF for parts storage
One (1) or more (and exact number was not provided) MET Station will be permanently installed
on the Project site This MET Station(s) will be placed on posts between fifteen — thirty-five (15-35)
feet tall and will remain during Project operations The quantity and locations of MET Stations will
be determined during final design
The Project will add alternative energy to the grid and provide short- and long-term benefits to the
Weld County economy The Taelor Solar Economic Impact Analysis provided with the application
materials states that the Project's direct, indirect, and induced effects in the regional economy (i e ,
Morgan and Weld Counties) are expected to result in a total of $54 2 million of economic output,
supporting 450 4 job -years (112 6 jobs per year), and $27 4 million in labor earnings over the
construction period The Project will also produce $1 7 million of economic output, 17 7 total jobs
per year and $1 2 million of labor earnings during the operations period Results at the state level
include a total of $1 1 billion of economic output, supporting 5,542 job -years (1,385 jobs per year),
and $441 2 million of labor earnings over the construction period, and $8 2 million of economic
output, 45 2 total jobs per year -and $3 3 million of labor earnings per year during the operations
period
The Decommissioning and Reclamation Plan states that the expected useful life of the Project is
forty (40) years and that after about forty (40) years the land will be returned to the same condition
as it was prior to the construction of the SEF According to the Natural Resource Conservation
Service soil report about seventy-three (73) acres of the 4,300 acres are considered Farmland of
Statewide Importance The following table list the soils categories on the site
Soil Type
Farmland Classification
Acres
Bresser sandy loam, low slopes
Farmland of Statewide Importance
2
Valent sand, high slopes
Not Prime Farmland
10
Bresser sandy loam, low slopes
Prime Farmland if Irrigated and the Product of
I (Soil Erodibility) X C (Climate Factor) Does
Not Exceed 60
14
Colombo clay loam, low slopes
Prime Farmland if Irrigated
727
Colombo clay loam, low slopes
Prime Farmland if Irrigated
114
Haverson loam, low slopes
Prime Farmland if Irrigated
188
Osgood sand, low slopes
Farmland of Statewide Importance
71
Resolution USR24-0014
Magnum Feedyard Co , LLC, c/o Taelor Solar 1, LLC
Page 13
Valent sand, low slopes
Valent sand, high slopes
Vona loamy sand, low slopes
Farmland of Local Importance
Not Prime Farmland
Farmland of Local Importance
299
3,021
O Section 21-7-350 C 15 — The applicant has obtained or will obtain all property rights, permits and
approvals necessary for the proposed project, including surface, mineral access rights and
easements for drainage, utilities, access, etc If the applicant has not obtained all necessary
property rights, permits and approvals, the Board may, at its discretion, grant the permit conditioned
upon completion of the acquisition of such rights poor to issuance of a building permit by the
County
The application materials state that the property rights required for all lands have been acquired
and that no off -site rights -of -way or easements would be required All needed County, State and
Federal approvals will be obtained prior to construction There are no active oil and gas leases on
the site
The permits required prior to construction and operation include, but are not limited to, a Weld
County grading permit, a Weld County right-of-way permit, Weld County building permits, Colorado
Department of Public Health and Environment (CDPHE) Colorado Pollutant Discharge Elimination
System (CPDES) permit, and U S Environmental Protection Agency (USEPA) Spill Prevention,
Control and Countermeasures (SPCC) Plan
The Wetland Survey provided in the application materials state that the Project area contains the
Kiowa Creek drainage which has been substantially affected by agricultural land use and
intervening infrastructure, e g , 1-76, BNSF railroad, and local roads Kiowa Creek flows northeast
and downstream of the Project area
The results of the Wetland Survey state that the hydrological features in the Project area are
isolated waters, and not subject to the Clean Water Act (CWA) An Approved Jurisdictional
Determination issued by the U S Army Corp of engineers (USACE) would be the ultimate ruling A
U S Army Corp of Engineers Nationwide Permit would be required for work in jurisdictional
wetlands The U S Army Corp of Engineers did not submit referral agency comments The
Preliminary Drainage Report states that, "In the existing condition, a majority of the site drains to
the north The nearest water feature is Kiowa Creek (public), which passes through a portion of the
project site on the east Kiowa Creek flows north-northwest to its ultimate receiving waters, the
South Platte River The existing drainage patterns will be maintained in the proposed condition "
About 80% of the soils have a Hydrologic Soil Group rating of A or B (sandy soils) with the
remainder classified as C The development of the Site will maintain surface flow conditions, so
runoff will flow slowly and have a greater chance of infiltration before entering Kowa Creek There
are no proposed features that would cause channelization within the project area Additionally, the
impervious areas (gravel access roads and concrete Inverters) are disconnected and will sheet flow
across hundreds of feet of native vegetation before entering Kiowa Creek Finally, Kiowa Creek will
quickly convey surface runoff offsite to the north
P Section 21-7-350 C 16 — The proposed project will not present an unreasonable risk of exposure
to or release of toxic or hazardous substances within the impact area
The application materials stated that Taelor Solar will not have toxic or hazardous materials present
on the site and that no toxic or hazardous materials are expected to be released during the
construction and operation of the project The application materials also state that all County, State
and Federal regulations related to the management of any toxic or hazardous substances will be
followed during the construction and operation of the Project
The application materials included a Hazards and Emergency Procedures report that indicated,
"The primary wastes generated by solar projects during construction, operation, and maintenance
would be nonhazardous solid and liquid wastes Waste management would emphasize the
Resolution USR24-0014
Magnum Feedyard Co , LLC, c/o Taelor Solar 1, LLC
Page 14
recycling of wastes where possible and would identify the specific landfills that would receive
wastes that cannot be recycled " A Hazardous Materials Management Plan will be developed prior
to construction and a Spill Prevention Control and Countermeasure (SPCC) Plan will be produced
as necessary
The application materials state that batteries, fuels, oils, lubricants, and solvents would be the
primary hazardous and flammable materials that would be on -site during construction and
operation Small quantities of additional common hazardous materials would be used on -site during
construction, including antifreeze and used coolant, latex and oil -based paint, paint thinners and
other solvents, cleaning products, and herbicides
The applicant stated that prior to construction, the Project will develop a Hazardous Materials
Management Plan describing the specific measures that would be followed to manage and control
the use of them on site The need for and the amount of fuel storage on the site will be determined
prior to the start of construction The applicant has stated that a Spill Prevention Control and
Countermeasure plan will be provided prior to the start of construction The submittal of a
Hazardous Materials Management Plan and a Spill Prevention Control and Countermeasure plan
has been added as Conditions of Approval
The Weld County Office of Emergency Management (OEM) submitted referral agency comments,
dated September 26, 2024, stating that the operators are required to provide an_ Emergency
Response Plan for the facility and that the operator coordinate with the Fire District on any risk
associated to the BESS storage unit, and provide training to first responders for any response
required to the facility
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities
The Planning Commission recommendation for approval is conditional upon the following
1 Prior to recording the 1041 USR map
A The applicant shall submit a USR Vacation Application to vacate USR-1129 (Department of
Planning Services)
B The applicant shall enter into a Revocable License Agreement with Weld County in order to install
solar modules in the resolution right-of-way for portions of north/south County Roads 89, 91, 93,
and east/west County Roads 24 and 26 as applicable (Department of Planning Services)
C The applicant shall provide a copy of the executed crossing agreement with Burlington Northern
Santa Fe (BNSF) railroad (Department of Planning Services)
D The applicant shall submit documentation showing that the 3 57 -acre parcel (129915100002) is a
legal parcel or shall combine this parcel 3 57 acre -parcel with the 40 02 -acre parcel to the east
(129915000009) (Department of Planning Services)
E The applicant shall acknowledge the concerns of the Southeast Weld Conservation District, as
stated in the referral response dated October 8, 2024 Written evidence of such shall be submitted
to the Weld County Department of Planning Services (Department of Planning Services)
F The applicant shall address the requirements of Colorado Parks and Wildlife, as stated in the
referral response dated June 18, 2024 Written evidence of such shall be submitted to the Weld
County Department of Planning Services (Department of Planning Services)
G The applicant shall address the requirements of the State of Colorado Division of Water Resources,
as stated in the referral response dated May 31, 2024 Written evidence of such shall be submitted
to the Weld County Department of Planning Services (Department of Planning Services)
Resolution USR24-0014
Magnum Feedyard Co , LLC, c/o Taelor Solar 1, LLC
Page 15
H The applicant shall address the requirements of the Public Service Company of Colorado, as stated
in the referral response dated May 29, 2024 Written evidence of such shall be submitted to the
Weld County Department of Planning Services (Department of Planning Services)
The applicant shall address the requirements of the Colorado Department of Transportation, as
stated in the referral response dated September 30, 2024 Written evidence of such shall be
submitted to the Weld County Department of Planning Services (Department of Planning Services)
J 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)
K 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)
L The 1041 map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR24-0014 (Department of Planning Services)
2 The attached Development Standards (Department of Planning Services)
3 The map shall be prepared in accordance with Section 21-7-330 B of the Weld County Code
(Department of Planning Services)
4 Show and label the required setbacks, in accordance with Section 23-4-1030 C 3 of the Weld
County Code (Department of Planning Services)
5 Show and label any existing and proposed solar facility installations and electrical equipment,
power lines, structures, temporary work trailers, storage containers (limited to five (5) per
Section 23-3-30 B of the Weld County Code), storage areas and miscellaneous improvements,
as applicable Clearly indicate which items are temporary for use during construction and which
items are permanent (Department of Planning Services)
6 Show and label the required fencing, gates and any emergency and site identification signage,
in accordance with Section 23-2-240 A 12 and Section 23-4-1030 C 6 of the Weld County
Code Include fence and sign specification details on the map Refer to the Weld County Sign
Code, as amended (Department of Planning Services)
7 Show and label the location of the trash collection areas, if applicable Include specification
details on the 1041 map Refer to Section 23-2-240 A 13 of the Weld County Code for design
criteria (Department of Planning Services)
8 Show and label any on -site lighting, if applicable All lighting shall be downcast and shielded
so that light rays will not shine directly onto adjacent properties Include lighting specification
details on the 1041 map Refer to Section 23-2-250 D of the Weld County Code for design
criteria (Department of Planning Services)
9 The applicant shall delineate on the map the trash collection areas specific to the temporary
construction laydown and staging areas Section 23-2-240 A 13 of the Weld County Code
addresses the issue of trash collection areas (Department of Planning Services)
10 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 of
the Weld County Code (Department of Planning Services)
Resolution USR24-0014
Magnum Feedyard Co , LLC, c/o Taelor Solar 1, LLC
Page 16
11 County Roads 22 (east of County Road 93), 26 '/, 93, and 95 are gravel roads and are
designated on the Weld County Functional Classification Map as local roads which require 60
feet of right-of-way at full buildout The applicant shall delineate and label on the 1041 map the
existing rights -of -way (along with the creating documents) and the physical location of each
road All setbacks shall be measured from the edge of right-of-way These roads are
maintained by Weld County (Development Review)
12 County Road 95 is a gravel road and is designated on the Weld County Functional
Classification Map as a collector road which requires eighty (80) feet of right-of-way at full
buildout The applicant shall delineate and label on the 1041 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)
13 County Road 22 (west of County Road 93) is a section line road and is shown to have 30 feet
of 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 1041 map Show and label
the section line Right -of -Way as "COUNTY ROAD 22 Section Line Right -Of -Way, Not County
Maintained " All setbacks shall be measured from the edge of right-of-way (Development
Review)
14 County Road 24 (between County Road 93 and County Road 95)) is a section line road and is
shown to have 30 feet of 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 1041 map
Show and label the section line Right -of -Way as "COUNTY ROAD 24 Section Line Right -Of -
Way, Not County Maintained " All setbacks shall be measured from the edge of right-of-way
(Development Review)
15 Show and label the approved access location(s), approved access width and the appropriate
turning radii (65') on the 1041 map The applicant must obtain an access permit in the approved
location(s) prior to construction (Development Review)
16 Show and label the approved tracking control on the 1041 map (Development Review)
17 Show and label the entrance gate if applicable An access approach that is gated shall be
designed so that the longest vehicle (including traders) 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)
18 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)
19 Show and label the drainage flow arrows (Development Review)
20 Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property (Development Review)
21 Show the floodplain and floodway (if applicable) boundaries on the site map Label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate
study (Development Review - Floodplain)
2 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
( pdf) of the map for preliminary approval to the Weld County Department of Planning Services Upon
approval of the map the applicant shall submit a paper map along with all other documentation required
as Conditions of Approval The paper map shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services The paper map and additional requirements shall
Resolution USR24-0014
Magnum Feedyard Co , LLC, do Taelor Solar 1, LLC
Page 17
be submitted within one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution The applicant shall be responsible for paying the recording fee
(Department of Planning Services)
3 In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the
specified timeline from the date of the Board of County Commissioners Resolution, a $50 00 recording
continuance fee shall be added for each additional 3 -month period (Department of Planning Services)
4 Prior to Construction
A The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form of security
in an amount sufficient to fund the estimated decommissioning/reclamation costs required by
Section 23-4-1030 B 4 of the Weld County Code, for acceptance and approval by the Weld County
Board of County Commissioners Once approved, the Decommissioning and Reclamation Plan
shall be updated to include the approved security information (Department of Planning Services) _
B The applicant shall submit a Hazardous Materials Management Plan (Department of Planning
Services)
C The applicant shall submit a Spill Control and Countermeasure Plan (Department of Planning
Services)
D The applicant shall submit documentation on the exact quantity and locations of MET Stations
(Department of Planning Services)
E A Right-of-way Use Permit shall be acquired (Development Review)
F The approved access and tracking control shall be constructed prior to on -site construction
(Development Review)
G If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(Development Review)
H The applicant shall submit a Floodplain Development Permit (Department of Planning Services
Floodplain Administrator)
The applicant shall address the requirements of the Weld County Office of Emergency
Management, as stated in the referral response dated September 26, 2024 Written evidence of
such shall be submitted to the Weld County Department of Planning Services (Office of Emergency
Management)
5 The Use by Special Review Permit is not perfected until the Conditions of Approval are completed and
the map is recorded Activity shall not occur, nor shall any building or electrical permits be issued on
the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement
(Department of Planning Services)
Resolution USR24-0014
Magnum Feedyard Co , LLC, c/o Taelor Solar 1, LLC
Page 18
Motion seconded by Michael Palizzi
VOTE
For Passage
Butch White
Pamela Edens
Michael Wades
Michael Palizzi
Virginia Guderjahn
Barney Hammond
Cindy Beemer
Against Passage Absent
Michael Biwer
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
Certification of Copy
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on October 15, 2024
Dated the 15. of October, 2024
4`x,ia6,vA.wtww
Kristine Ranslem
Secretary
Resolution USR24-0014
Magnum Feedyard Co , LLC, c/o Taelor Solar 1, LLC
Page 19
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Taelor 1 Solar, LLC
USR24-0014
A Site Specific Development Plan and Use by Special Review Permit, USR24-0014, for the construction
of a 1041 Major Facility of a Public Utility, including a Solar Energy Facility (SEF) (solar arrays) with a
generating capacity up to 650 megawatt AC, a Battery Energy Storage Facility planned for 650 MWh
with a possible increase to up to 1,300 MWh, a substation (constructed and owned by the applicant) to
interconnect the project to the high voltage transmission system, an operations area, including an
operations and maintenance building, possible water storage, materials storage and parking, an on -
site communication system (communication lines), Meteorological Stations (approximately 15 feet high,
on posts), up to seven (7) construction trailers and ten (10) conex containers during construction and
up to four (4) conex containers, post -construction, for parts storage, outside of subdivisions and historic
townsites in the A (Agricultural) Zone District (Department of Planning Services)
2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code (Department of Planning Services)
3 The property owner or operator shall provide written evidence of an approved Emergency Response
Plan on or before March 15th of any given year signed by representatives for the Fire District and the
Weld County Office of Emergency Management to the Department of Planning Services (Department
of Planning Services)
4 The property owner or operator shall maintain compliance with the Emergency Response Plan
(Department of Planning Services)
5 Any future structures or uses on site must obtain the appropriate zoning and building permits
(Department of Planning Services)
6 The facility is unmanned and will operate year-round, according to the application materials Limited
maintenance personnel may visit the site once operational (Department of Planning Services)
7 Height limitation Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height,
measured from the highest grade below each solar panel to the highest extent of the solar panel rotation
per Section 23-4-1030 C 1 of the Weld County Code, as amended (Department of Planning Services)
8 Glare A SEF shall be designed, located or placed so that concentrated solar glare from its solar
collectors will not be directed toward or onto nearby properties or roadways at any time of the day per
Section 23-4-1030 C 2 of the Weld County Code, as amended (Department of Planning Services)
9 Setbacks The Improved Area of the SEF shall conform to the setback requirements of the underlying
zone Additionally, the improved area must be at least five hundred (500) feet from existing residential
buildings and residential lots of a platted subdivision or planned unit development The residential
setback requirement may be reduced if appropriate screening through landscape or an opaque fence
is installed, or upon submittal to Weld County of a waiver or informed consent signed by the residence
owner agreeing to the lesser setback If landscaping or opaque fencing is substituted for setback, a
landscaping plan or fencing plan shall first be submitted to and approved by the Department of Planning
Services per Section 23-4-1030 C 3 of the Weld County Code, as amended (Department of Planning
Services)
10 Dust mitigation The operators of the SEF shall continuously employ the practices for control of fugitive
dust detailed in their accepted Dust Mitigation Plan per Section 23-4-1030 C 4 of the Weld County
Code, as amended (Department of Planning Services)
Resolution USR24-0014
Magnum Feedyard Co , LLC, c/o Taelor Solar 1, LLC
Page 20
11 Underground cables All electrical cables on the improved area shall be buried, except for direct current
string wires that connect between solar collectors, direct current collection circuits between rows of
solar arrays that are no more than four (4) feet above grade crossings, substations, switchyards, and
circuit voltages greater than 34 5 kilovolts (where necessary) per Section 234-1030 C 5 of the Weld
County Code, as amended (Department of Planning Services)
12 Fencing The SEF shall be enclosed with a security fence as approved pursuant to the Fencing Plan
shown heron Appropriate signage shall be placed upon such fencing that warns the public of the high
voltage therein per Section 23-4-1030 C 6 of the Weld County Code All signs shall adhere to the
adopted Weld County Sign Code, as amended (Department of Planning Services)
13 Stormwater management The Operator of the SEF shall comply with the approved Final Drainage
Report and the required Storm Drainage Criteria pursuant to Chapter 8, Article XI of this Code Ground -
mounted solar collector systems shall be exempt from impervious surface calculations if the soil under
the collectors is designated hydrologic A or B soil groups by the Natural Resources Conservation
Service (NRCS) per Section 23-4-1030 C 7 of the Weld County Code, as amended (Department of
Planning Services)
14 Access permit Prior to construction of the SEF, the applicant shall apply for and obtain an approved
Access Permit from the Weld County Department of Planning, pursuant to the provisions of Article XIV
of Chapter 8 of this Code per Section 23-4-1030 C 8 of the Weld County Code, as amended
(Department of Planning Services)
15 Existing irrigation systems The nature and location or expansion of the SEF must not unreasonably
interfere with any irrigation systems on or adjacent to the solar facility per Section 23-4-1030 C 9 of the
Weld County Code, as amended (Department of Planning Services)
16 Decommissioning The site shall adhere to the accepted Decommissioning and Reclamation Plan
Weld County shall have the right to draw upon the irrevocable standby letter of credit, or other form of
financial security, to pay for decommissioning in the event that the holder has not commenced
decommissioning/reclamation activities within ninety (90) days of the Board of County Commissioners'
order or resolution directing decommissioning/reclamation (Department of Planning Services)
17 The site shall be maintained in accordance with the accepted Property Maintenance Plan (Department
of Planning Services)
18 All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code (Department of
Planning Services)
19 Any landscaped areas shall be maintained by the owner/tenant of the property, including landscaped
areas within the adjacent right-of-way Maintenance shall include, but not be limited to, irrigating,
mowing, pruning, removal of trash and weeds, and replacement of any required plantings that become
diseased infested or otherwise unhealthy shall be replaced within the growing season or next calendar
year whichever occurs sooner (Department of Planning Services) _
20 The property owner or operator shall be responsible .for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code (Development Review) -
21 The accesses to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking (Development Review)
22 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
(Development Review)
23 Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement (Development Review)
Resolution USR24-0014
Magnum Feedyard Co , LLC, c/o Taelor Solar 1, LLC
Page 21
24 The Property Owner shall comply with all requirements provided in the executed Improvements and
Road Maintenance Agreement (Development Review)
25 The Improvements and Road Maintenance Agreement for this site may be reviewed on an annual
basis, including a site visit and possible updates (Development Review)
26 Access may be along unmaintained County right-of-way Maintenance of such right-of-way will not be
the responsibility of Weld County (Development Review)
27 The historical flow patterns and runoff amounts will be maintained on the site in such a manner that it
will reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to runoff rate and velocity increases, diversions, concentration and/or unplanned
ponding of stormwater runoff (Development Review)
28 Weld County is not responsible for the maintenance of on -site drainage related features (Development
Review)
29 All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100 5, C R S ) shall be stored and removed for final disposal in a manner that protects against surface
and groundwater contamination (Department of Public Health and Environment)
30 No permanent disposal of wastes shall be permitted at this site This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100 5, C R S (Department of Public Health and Environment)
31 Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions The facility shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code (Department of Public Health and
Environment)
32 Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility (Department of Public Health and Environment)
33 Any On -site Wastewater Treatment System located on the property must comply with all provisions of
the Weld County Code, pertaining to On -site Wastewater Treatment Systems (Department of Public
Health and Environment)
34 Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times A permanent, adequate water supply shall be provided for drinking and sanitary
purposes, as necessary (Department of Public Health and Environment)
35 For employees or patrons on site for less than 2 consecutive hours a day, and 2 or less full-time
employees on site, portable toilets and bottled water are acceptable Records of maintenance and
proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the
Weld County Department of Public Health and Environment Portable toilets shall be serviced by a
cleaner licensed in Wdld County, contain hand sanitizers and be screened from existing adjacent
residential properties and public rights -of -way (Department of Public Health and Environment)
36 The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code (Department of Public Health and Environment)
37 A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Maps Any development shall comply with all applicable Weld County requirements,
Colorado Water Conservation Board requirements as described in Rules and Regulations for
Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR
parts 59, 60, and 65 The FEMA definition of development is any man-made change to improved or
Resolution USR24-0014
Magnum Feedyard Co , LLC, c/o Taelor Solar 1, LLC
Page 22
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)
38 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)
39 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets No colored lights may be used
which may be confused with, or construed as, traffic control devices (Department of Planning
Services)
40 Building permits may be required, for any new construction, set up of manufactured structures, or
change of use of existing buildings per Section 29-3-10 of the Weld County Code Buildings and
structures shall conform to the requirements of the various codes adopted at the time of permit
application Currently the following has been adopted by Weld County 2018 International Building
Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld
County Code A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection A building permit must be issued prior to the
start of construction (Department of Building Inspection)
41 Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County
Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs (Department of
Planning Services)
42 All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended
(Department of Planning Services)
43 Construction office trailers and storage trailers and electrical services to the trailers are subject to
building permits per Section 29-3-10 of the Weld County Code (Department of Building Inspection)
44 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code (Department of Planning Services)
45 Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations (Department of
Planning Services)
46 The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations Substantial changes from the plans
or Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted Any other changes shall be filed in the office of the Department
of Planning Services (Department of Planning Services)
47 Construction or Use pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated The Director of
Planning Services may grant an extension of time, for good cause shown, upon a written request by
the applicant (Department of Planning Services)
Resolution USR24-0014
Magnum Feedyard Co , LLC, c/o Taelor Solar 1, LLC
Page 23
48 A Use by Special Review shall terminate when the Use is discontinued for a period of three (3)
consecutive years, the Use of the land changes or the time period established by the Board of County
Commissioners through the approval process expires The applicant may notify the Department of
Planning Services of a termination of the Use, or Planning Services staff may observe that the Use has
been terminated When either the Department of Planning Services is notified by the applicant, or when
the Department of Planning Services observes that the Use may have been terminated, the Planner
shall send certified written notice to the applicant asking that the applicant request to vacate the Use
by Special Review Permit (Department of Planning Services)
49 In such cases where the Use by Special Review has terminated but the applicant does not agree to
request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of
County Commissioners to provide the applicant an opportunity to request that the Use by Special
Review Permit not be vacated, for good cause shown The applicant shall be notified at least ten (10)
days prior to the hearing If the Board of County Commissioners determines that the Use by Special
Review has terminated and no good cause has been shown for continuing the permit, then the
termination becomes final, and the Use by Special Review Permit is vacated (Department of Planning
Services)
50 The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners (Department of Planning Services)
Summary of the Weld County Planning Commission Meeting
Tuesday, October 15, 2024
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair
Butch White, at 1:30 p.m.
Roll Call.
Present Butch White, Michael Wailes, Pamela Edens, Michael Palizzi, Virginia Guderjahn, Barney
Hammond, Michael Biwer, Cindy Beemer.
Also Present: Diana Aungst and Molly Wright, Department of Planning Services, Lauren Light. Department
of Health, Karin McDougal, County Attorney. and Kris Ranslem, Secretary.
Case Number:
Applicant
Planner
Request
Legal Description:
Location
USR24-0014
Magnum Feedyard Co., LLC. c/o Taelor Solar 1 LLC
Chris Gathman/Diana Aungst
A Site Specific Development Plan and Use by Special Review Permit for the
construction of a 1041 Major Facility of a Public Utility, including a Solar Energy
Facility (SEF) (solar arrays) with a generating capacity up to 650 megawatt AC: a
Battery Energy Storage Facility planned for 650 MWh with a possible increase to
up to 1;300 MI/Vh. a substation (constructed and owned by the applicant) to
interconnect the project to the high voltage transmission system: an operations
area. including an operations and maintenance building. possible water storage.
materials storage and parking; an on -site communication system (communication
lines); Meteorological Stations (approximately 15 high, on posts); up to seven (7)
construction trailers and ten (10) conex containers during construction and up to
four (4) conex containers, post -construction. for parts storage, outside of
subdivisions and historic townsites in the A (Agricultural) Zone District.
All of Section 1 except part of the W1/2 beginning 600'S of NW Cor S2340' E130'
N2340' W130' to beginning: all of Sections 2. and 3; part of the E1/2 and part of
the W1/2 of Section 10; part of the W1/2 of Section 11; part of the NW1/4 NW1/4
of Section 14; part of the NE1/4 of Section 15, in Township 2 North, and all of
Sections 33 and 34, the S1/2 of Section 35: part of the S1/2 of Section 32. in
Township 3 North, all located in Range 61 West of the 6th P.M . Weld County..
Colorado.
4300 acres (on multiple parcels), located two (2) miles south of the Interstate
76/County Road 91 intersection, 0.75 miles north of the County Road 20/County
Road 93 intersection, west of and adjacent to the Weld County/Morgan County
Line. approximately 7.5 miles east of County Road 75.5.
Diana Aungst, Planning Services,. presented Case USR24-0014. reading the recommendation and
comments into the record. Ms. Aungst stated that the project will be located on 4300 acres on 16 parcels
and is adjacent to the Weld County/ Morgan County line. The project will generate about 650 -megawatt
AC. In addition to the 600,000 panels, a battery energy storage system, a substation, an onsite
communication system, and meteorological tower stations are also proposed. The operations area will
encompass approximately 10 acres north of the BNSF railroad tracks.
The applicant has stated that they are in negotiations with BNSF to establish communication and electrical
utility crossing rights -of -way across the railroad tracks. The project substation will be constructed by and
owned by the applicant and will be built at the same time as the solar energy facility. Taelor Solar is split
into two phases. The first phase was approved by the Morgan County Board of County Commissioners on
February 6, 2024. Weld County is considered the second phase. The entire project will encompass about
10.000 acres in total. There is a 24 -to -36 -month construction period proposed with up to 450 workers on
site and some construction may happen on weekends.
1
Ms Aungst provided brief summaries of the multiple studies submitted by the applicant She noted that the
facility needs to adhere to the Weld County Noise Standards of 55 decibels per day and 50 decibels at
night She stated that the equipment noise assessment analyzed noise from the solar inverters and the
maximum decibel was 89 1 measured at a distance of four feet At a distance of 250 feet, the decibels will
be reduced to 55 Since this unit is at least 350 feet from the nearest parcel boundary and more than 1,000
feet from the nearest residence, this meets the requirements outlined in the Weld County Code
Ms Aungst stated that 46 surrounding property owners were notified Two (2) letters of support and one
(1) letter of objection were received The applicant addressed the concerns raised by the Wiggins area and
eastern Weld County community members by making the following changes reduced the area where the
modules will be built, increased the setbacks to the neighboring homes, and adjusted the temporary
construction traffic to reduce the number of impacted neighbors by 90% Ms Aungst added that
coordination with the County and the Fire District officials and emergency personnel will also be provided
an access key or code for the gates A detailed fire protection plan will be provided for review and approval
prior to the start of construction
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards
Commissioner Edens referred to the pivot irrigation in a visual slide and asked if that is located on any of
the property that the solar will be on Mr Aungst replied yes
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements and on -
site dust control Weed control may consist of mechanical methods such as mowing and application of
herbicides An equipment noise report was submitted, however, it did not include modeling 25 feet from
the property line so the facility will need to comply with Section 14 of the Weld County Code for 55 decibels
during the day and 50 decibels at night If a noise complaint is received the measurement will be within the
boundary of the property where the noise complaint came from as opposed to 25 feet off of the property
line A Hazardous and Emergency Procedures Report was also submitted
Commissioner Hammond referred to weed control and asked if the County will be able to monitor this Ms
Aungst said that monitoring would be difficult but the County does have staff that provide inspections upon
a complaint received
Erica Goad, 3300 East 1x Avenue, Denver, Colorado, provided a summary of Balanced Rock Power and
added that it is a utility scale solar and energy storage development company Ms Goad said that they
focus on developing projects in the western U S across eight (8) states
Drew McMahan, 1312 17°t Street, Denver, Colorado stated that the project will deliver enough energy to
meet the needs of approximately 187,000 Colorado homes He added that the project will be
interconnecting to the new Xcel Energy Colorado Pathway transmission line This transmission line is being
built with the express purpose of collecting the abundant solar and wind resources that exist in this state
and deliver them to Colorado consumers
Mr McMahan said that their goal is to start construction of this project at the end of 2026 and commercial
operation would start in the fourth quarter of 2028 This project has been in development for several years
and a substantial amount of due diligence, analysis, and effort has gone into putting together the project
that is being presented today
Mr McMahan said that there will be $128 million total economic impact in direct and indirect benefits to
Weld County over 30 years, including tax payments to the Wiggins School District, Southeast Weld County
Fire District, Weld County and High Plains Library
Mr McMahan stated that interconnection with Xcel Energy will provide power to many communities in
Northeastern Colorado, including Greeley as well as United Power customers in Northeast Colorado Mr
Mahan said that water will be used mostly during the construction phase of the project and will use
2
approximately 250 acre-feet of water per year during construction During operations, water use will be a
maximum of 15 -to -30 -acre feet per year for panel cleaning and added that there may be years where the
panels will not need to be cleaned
Mr McMahan said that they are proposing two distinct types of fencing One type of fencing will be a wildlife
friendly fence and is recommended by Colorado Parks and Wildlife He added that all the areas that are
just solar panels will be surrounded with the wildlife friendly fence Another type of fencing is the chain link
and barb wire security fence and will be used in the higher voltage and higher security portions of the project
site, which includes the batter storage yard and the substation
Commissioner Eden referred to the taxes that Weld County will receive and asked where these numbers
came from Mr McMahon said that these are from the Economic Impact Analysis Report and they are
based on the State calculation for state assessed renewable energy resources
Commissioner Palizzi asked the applicant to speak to the meteorological stations Mr McMahon said that
the meteorological stations are instruments that measure ambient temperature, wind speed, and also the
amount of solar radiation that the project is receiving He added that this allows them to assess how the
facility is performing
Commissioner Hammond asked if there was any consideration of using the railroad for bringing in materials
for construction Mr McMahan said that there is no rail spur so they couldn't off load
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Becky Blake, 10283 CR 95, Wiggins, Colorado, said that they are in opposition of this project and asking
the Planning Commission to consider the sizable impact that this project with have on the surrounding
environment and everyone who calls it home According to Google, the current largest solar farm covers
4,600 acres of California and the Mojave Dessert This project would be twice that size
Ms Blake said that they cannot ignore the massive footprint this solar farm would leave She expressed
concern regarding the visual eyesore of miles of miles of darkness surrounded by six -foot -high wire fencing
only to collect trash and tumbleweeds, airplane turbulence, increased traffic, health risk from EMFs,
chemical use, and water contamination
Ms Blake said that if this project can't be stopped, she would like to request that the minimum setback from
any residence be increased from the current 500 feet to at least 5,280 feet She further requested to
incorporate a buffer zone between the solar fields and any adjoining residences to ensure that the future
generations are not stuck with this eyesore, preferably a tree line that would consist of multiple rows of two -
to -three -year -old trees, ground fabric and a drip system
Bilk Blair Yocam, 43781 CR 42 5, Orchard, Colorado, stated that she would like to know how they will
access the north side of the railroad track She also asked what happens if Xcel Energy decides not to
work with them and she also would like to know what the proposed setbacks are for '?? reservoir/solar
(inaudible) projects
Rocky Blake, 46491 CR 22, Wiggins, Colorado, stated that he believes in property rights but doesn't agree
to turning this property into the largest public utility in North America He added that this is good ground and
there are some pivots on this land Mr Blake said that he is opposed to this project
Taylor Henderson, 191 University Boulevard, Denver, Colorado, stated that he has worked with the Blake
Family and has enjoyed working with them Mr Henderson said that they learned a lot from the process in
Morgan County and added that they slowed the process down to really engage with the community and the
Wiggins Fire Protection District They have met with the adjoining neighbors and they provided simulations
from the County Roads and public rights -of -way He added that they took photos from key visual points on
some of the surrounding owner's properties and applied the 500 feet buffer Mr Henderson said that they
are willing to talk about increasing the buffer and emphasize that they want to be a good neighbor
3
Mr Henderson said that they are aware the roads will need improvement He stated that the Fire
Department will be equipped with keys to the gates to access the property and conduct any kind of fire
response needed Mr Henderson said that the current plan is to navigate to the north side of the railroad
tracks through the project area
Steve Gabel, 11665 Morgan County Road 1, stated that he has owned and operated Magnum Feedyard,
LLC, for 32 years Mr Gabel said that his responsibility is to identify the best and highest use of this
property He said that they started feeding about 3,500 cattle and have grown that to a point of 35,000
cattle As the owner and head of a family business, he has to identify how to grow and expand that business
if they want to keep it as a family business
Mr Gabel said that the land there is not the best land He added that he recognizes the difference between
the ground that will bring $10,000 to $12,000 per acre irrigated in the front range of Colorado compared to
land that is on the Morgan County/Weld County border that is worth $3,500 or $4,000 per acre that is
irrigated and under pivot There are vastly different production capabilities in those two qualities of land
He said that the neighbors are concerned that about 550 acres of the proposed 4,300 acres are under
irrigation He added that they have farmed that ground and assured them that the highest and best use of
that land is solar production
Commissioner Hammond asked how many acres to a cow/calf pair Mr Gabel said that when they bought
most of this land it had been abused to the point that the first four years they owned it they didn't graze
anything on it He added it takes about 35-40 acres to run an animal unit
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement
Motion Forward Case USR24-0014 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Wailes, Seconded by Michael Palizzi
Vote Motion passed (summary Yes = 7, No = 1, Abstain = 0)
Yes Barney Hammond, Butch White, Cindy Beemer, Michael Palizzi, Michael Wailes, Pamela Edens,
Virginia Guderjahn
No Michael Biwer
Commissioner Biwer cited Section 21-7-350 C 4 The proposed action is compatible with and represents
the best interests of the people of the county and added that the project of this scope of 4,300 acres does
not represent the best interest of the people In addition, Mr Biwer cited Section 21-7-350 C 14 The
benefits of the proposed developments over the life of the project outweigh the temporary losses of any
natural resources and productivity of farmland He added that he doesn't believe 40 years is temporary
and that a project of this significant size removes almost 6 7 square miles of ag land He further added that
of the 4,300 acres, 1,399 acres is prime ag land, 1,029 acres prime land is irrigated, 299 acres are farmland
of local importance, and 71 acres are farmland of state importance Mr Biwer cited Section 21-7-350 C 16
The proposed project will not present an unreasonable risk of exposure or release of hazards and said that
he is not sure the available science for an admittedly new technology with the battery technology and the
size and scope of those batteries and the access meet that standard
Meeting adjourned at 3 36 p m
Respectfully submitted,
Kristine Ranslem
Secretary
4
ATTENDANCE RECORD
NAME
-
PLEASE
PRINT
LEGIBLY
ADDRESS
EMAIL
John
Doe
123
Nowhere
Street,
City, State,
Zip
f}NcRcw
Pi CN1A►-+nom
abR��atc,.,-rev t-*toty.toti
/3/ 2.- I7'r"
6'oZo2.
sr OJv'-, Co
a�(�v
tknrsc
I an
ODA I LICA'
Etkid s
� yyU
8�izo
t��u�;..ED
t
� �Ja.zw�
�
w �'sly
E, o �,
+.e - eU
N,
7Ji
C� �) 6�
�1Av€
p o� �a' ��.�K�/�c-
33oC�
��
l
te
nvc-c CO r:tio2CCo
rod,
o
Flood
�ucis
3300
E .Aut
a�er►ver
CO8czOt�_b-flcodra
3vkivi(i._
.�
t�fie
�
113LLg
QL1Q
&t1sr
CC OS 1
lt'H
6l
'F
ice_ to o, G,e_tfeY
Gs.,..4
ei
�..
obi cNr,,9rE
,,4L,
go3Y
e2(ID
4fLR-bN
t-kfirow-eNs
(-302 te-KL0)( --1 Detuveyti c_ep yeoLov
'lie
f-(A-vJ
(�-t
NS Fs41
kck ‘ 6\dsi.,4_
C et €--,---)STINC•
ciers
kcm,;4',A-2) Q
(c-,ocs-v4._c,tc--ci
.:--u-y----A
tA‘rtf-Ac
cq ag.
LtJtcansc0
-4
\CAA#It
b
boCk-Ny
yuoi-ig
! eQ,,,n4 gd
Log,
giksci
�
1
kils, ,
1
1
,inicdceweracje,
D
"IL7�qeta�,
S'v
�l�
irasI CI) �
UR-�.
��
Us
M Amarkt1
b‘\1-
at)-(
NA
2/5 g yam' s5el d ,a72 4.7 ric fl3/6
eL
A%5
ge_i-c/etycsyki
,(77Li
pa Wer.co
.mot
(Ask
On*
dOarN
1� cCA4
Hello