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Home My WebLink About20240924.tiffMEMORANDUM TO: Chris Gathman, Planning Services FROM: Melissa J King, PE, Development Review DATE: January 8, 2024 SUBJECT: USR23-0047 Cornish Plains Livestock SEF The proposal has been reviewed on behalf of the Weld County Department of Public Works and the Department of Planning and Zoning. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS GENERAL PROJECT INFORMATION/LOCATION Project description: A Site Specific Development Plan and Use by Special Review Permit (USR) for a Solar Energy Facility in the A (Agricultural) Zone District. The facility will encumber approximately 82.23 acres. The USR is proposed in two (2) phases and will have a total capacity of 51,000 kW AC. This project is south of CR 74 and is west of and adjacent to SH 392. Parcel numbers: 079904400006, 079909100010. Access is proposed onto SH 392. ACCESS Development Review has reviewed the application materials related to access. Access is proposed onto SH 392. The applicant has received an initial concurrence from CDOT on this access location. The applicant shall submit the access permit once it is issued by CDOT. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to state highways. Please contact Mr.Tim Bilobran at the Greeley office (970-350-2163) to verify the access permit or for any additional requirements that may be needed. (State Highway 392) ROADS AND RIGHTS -OF -WAY The property proposes to access onto State Highway 392. Contact the Colorado Department of Transportation (CDOT) to determine what right-of-way shall be shown on the submitted map. Reference the documents creating the right-of-way. Please contact Mr. Tim Bilobran at the Greeley office, phone number: 970-350-2163. TRAFFIC A traffic narrative was received with the application materials. It was forwarded to CDOT as SH 392 is under their jurisdiction. DRAINAGE REQUIREMENTS This area IS within a Non -Urbanizing Drainage Area: Non -Urbanizing Drainage Areas typically require detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped site for NON - URBANIZING areas. Detention Pond summarized in a Drainage Report: The applicant has submitted a preliminary drainage report. A final drainage report completed by a Colorado Licensed Professional Engineer is required prior to recording the USR map. The drainage report must include a certification of compliance stamped and signed by the PE. A Certification of Compliance form can be found on the Development Review website. General drainage report checklist is available on the engineering website. More complete checklists are available upon request. Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from the property. CONDITIONS OF APPROVAL A. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Development Review) B. The USR map shall be amended to delineate the following: 1. Show the Colorado Department of Transportation (CDOT) access point onto SH 392 and the right-of-way on the map along with the documents creating the right-of-way. (Development Review) 2. Show and label the accepted drainage features. Show and label the drainage flow arrows. (Development Review) GRADING PERMIT A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications are accepted after the planning process is complete (plan recorded). An Early Release Request Form may be entertained only after the applicant, Planning Department has reviewed the referral and surrounding property owner comments. The Early Release Request may or may not be granted depending on referral comments and surrounding property owner concerns. Contact an Engineering representative from the Development Review for more information. A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575. Prior to Construction: If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Development Review) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review) 2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Development Review) 3. Weld County is not responsible for the maintenance of onsite drainage related features. (Development Review) 4. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) Weld County Department of Public Health and Environment Memorandum To: Chris Gathman From: Lauren Light, Environmental Health Services Date: January 9, 2024 Re: USR23-0047 Applicant: Cornish Plains Livestock, LLLP c/o Oriole Solar, LLC and Starling Solar, LLC Environmental Health Services has reviewed this Site -Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF) in the A (Agricultural) Zone District. The facility will encumber approximately 82.23 acres. The USR is proposed in two (2) phases and will have a total capacity of 51,000 kW AC. As no employees will be located at the site, permanent water and sewer is not required. Screened portable toilets, hand washing units and bottled water can be utilized during construction. A dust abatement plan was submitted which indicates water trucks will be used during construction. Environmental Health Services recommends the following requirements are incorporated into the permit as development standards: 1. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. During construction, no permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6410 weldhealth.org Public Health Weld County Department of Public Health and Environment 3. During construction, waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. 4. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction and operation of the facility. 5. During construction, adequate toilet facilities and handwashing units shall be provided. Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers, be screened from public view, and removed when construction is completed. 6. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit requirements as stipulated by the Air Pollution Control Division, Colorado Department of Public Health and Environment, as applicable. 7. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6410 weldhealth.org Public Health Submit by Email Weld County Referral December 22, 2023 The Weld County Department of Planning Services has received the following item for review: Applicant: Cornish Plains Livestock, LLLP Case Number: USR23-0047 c/o Oriole Solar, LLC and Starling Solar, LLC Please Reply By: January 19, 2024 Planner: Chris Gathman Project: A Site Specific Development Plan and Use by Special Review Permit (USR) for a Solar Energy Facility in the A (Agricultural) Zone District. The facility will encumber approximately 82.23 acres. The USR is proposed in two (2) phases and will have a total capacity of 51,000 kW AC. Parcel Number: 079904400006-R2586503 Legal: SE1/4 Section 4, Township 6 North, Range 63 West of the 6th P.M., Weld County, Colorado. Parcel Number: 079909100010-R2587003 Legal: Part NE1/4 Section 9, Township 6 North, Range 63 West of the 6th P.M., Weld County, Colorado. Location: West of US Highway 392 and 0.5 mile south of County Road 74. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. n We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: n We have reviewed the request and find no conflicts with our interests. nSee attached leettter.(� Signature /C --"2-1141-r /aE141-a-11- Date 1/23/2024 Agency Weld County Oil and Gas Energy Department Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 Weld County Oil & Gas Energy Department Referral Comments Referring Agency: Weld County Department of Planning Services Reference Number: USR23-0047 Associated Parcel: 079904400006, 079909100010 OGED Reviewer: Kelly Holliday Review Date: January 23, 2024 The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to comment on the captioned planning case. Staff has completed review of the proposal and have no conflicts with the proposed activity. We have included additional comments below: 1. There are no active or proposed 1041 WOGLA Permits on the associated parcel. There are several oil and gas well sites in the area surrounding the parcel. 2. The parcel(s) include seven (7) active oil and gas wells, listed in Table 1 below. OGED requests that the Applicant coordinate operations in proximity to existing wells and production facilities with the operator(s) of these wells. API Operator Well Title Well Status 05-123-39015 NOBLE ENERGY INC AA09-74-1AHNC Mahalo State PR 05-123-39013 NOBLE ENERGY INC AA09-75-1HNB MAHALO STATE PR 05-123-39021 NOBLE ENERGY INC AA09-73-1HNC Mahalo State PR 05-123-39014 NOBLE ENERGY INC AA09-74-1BHNB MAHALO STATE PR 05-123-39055 NOBLE ENERGY INC AA09-75HNC Mahalo State PR 05-123-39012 NOBLE ENERGY INC AA09-72-1AHNB MAHALO STATE PR 05-123-39018 NOBLE ENERGY INC AA09-72-1BHNC Mahalo State PR 3. The USR lands may include additional oil and gas related infrastructure, such as off -location flowlines or pipeline which are a use by right and not regulated by Weld County. OGED requests that the applicant reviews flowline data available from the ECMC map viewer and utilize Colorado 811 prior to any excavation activities. These comments and recommendations are based upon the review of the application materials submitted by the applicant and other relevant information available on the E -Permit site. From: Amsberry, Brian To: Kristy Weyerman Cc: Chris Gathman; DeRose, Brian [PDC Energy] Subject: RE: Public Comment: USR23-0047 Date: Thursday, March 21, 2024 9:54:13 AM Attachments: image005.pnq image006.pnq image007.pnq image008.pnq Notice of Application for Solar Facility Development - 6N -63W 4.pdf Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning, Chris, Could you share the link for the forthcoming hearing on April 2nd? I'm interested in participating remotely, if possible. Thanks, Brian Amsberry Surface Land Representative Brian.Amsberry@chevron.com Chevron Rockies Business Unit Noble Energy, Inc. 2115 117th Ave. Greeley, CO 80634 Mobile 970-576-4945 From: Amsberry, Brian Sent: Thursday, March 21, 2024 9:00 AM To: Kristy Weyerman <kweyerman@mysunshare.com> Cc: Chris Gathman <cgathman@weld.gov>; DeRose, Brian [PDC Energy] <Brian.DeRose@chevron.com> Subject: Public Comment: USR23-0047 Good morning, Kristy, This email pertains to your USR application for the solar project under Oriole Solar LLC & Starling Solar LLC. It has come to my attention that two existing drill pads from Chevron (with associated wells detailed below) have not been marked on your USR Map. Furthermore, my GIS data indicates the presence of oil and produced water lines (represented by red & yellow lines) that are also missing from your USR Map. I suspect these lines are the property of Colorado River DevCo. I request you revise the USDR map to include these drill pad setbacks. Please don't hesitate with any questions, comments, or concerns. Thanks, Brian Amsberry Surface Land Representative Brian.Amsberry@chevron.com Chevron Rockies Business Unit Noble Energy, Inc. 2115 117th Ave. Greeley, CO 80634 Mobile 970-576-4945 1/9/24, 1:26 PM State.co.us Executive Branch Mail - Fwd: Referral Agency Email STATE OF COLORADO Fwd: Referral Agency Email Hamous-Miller - DNR, Lexi <lexi.hamous-miller@state.co.us> Hamous-Miller - DNR, Lexi <lexi.hamous-miller@state.co.us> Tue, Jan 9, 2024 at 1:25 PM Draft To: cgathman@weld.gov Hello Chris, Thank you for including CPW in the review of the Oriole Solar Project. I have attached these comments along with the signed referral form. After review, CPW found that the proposed project falls within Mule deer severe winter range and Pronghorn winter concentration High Priority Habitat (HPH). We recommend that the developer avoid starting construction during the winter season (December 1 to April 30). CPW also encourages the following recommendations for this solar project based on CPW's Solar BMPs: • CPW recommends that other non -security fencing is kept to a minimum. Where such fencing is required, please use wildlife -friendly fencing specifications as described in CPW's document entitled "Fencing with Wildlife in Mind" • CPW recommends that any installed fencing should be eight feet in height, have round -capped posts (e.g., so wildlife isn't impaled), smooth top wire to the fence (e.g., no top barbed wire) (or if two top strands are needed, ensure they are at least six inches apart). The bottom wire can be barbed but should be four inches or less from the ground. • CPW recommends that the solar facility is checked weekly (or escape structures are installed inside the fenced area) to allow deer to escape if one becomes trapped within the facility. Please immediately report mortalities, trapped or injured wildlife, or other reportable incidents to the local District Wildlife Manager (Jackson Davis 970- 342-0461). Please document and report these findings to CPW annually. • We recommend avoiding starting construction during the bird migration season (April 1- August 31). If construction is slated from March 15 to July 15, please complete pre -construction nesting surveys for songbirds, Burrowing Owls, and ground- or tree -nesting raptors within the Project area or in the immediate vicinity (e.g., their buffers may extend into the Project area) within a couple of weeks of construction. • For the eventual consultation regarding transmission lines to this Solar Project, CPW recommends they are installed according to Avian Power Line Interaction Committee (APLIC) standards and outside the raptor nesting season. Also, please install bird diverters within '/-mile of any lake, drainage, or riparian area, and within the raptor nesting buffer for occupied nests. If there are any questions, please reach out to Lexi Hamous, CPW NE Land Use Coordinator at 303-916-2987. -Respectfully, Lexi Hamous, MS (She/Her) Northeast Region Land Use Coordinator Colorado Parks and Wildlife LIVE LIFE OUTSIDE 6060 Broadway, Denver, CO 80216 303-916-2987 Lexi.Hamous-Miller@state.co.us CPW's Energy Webpage El 61111 •••O https://mail.google.com/mail/u/0/?ik=4d27ab2f39&view=pt&search=inbox&permmsgid=msg-a:r6720060656420145920&dsgt=1 &simpl=%23msg-f:178... 1/2 Hello