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LAND USE APPLICATION
SUMMARY
Chris Gathman
Case Number: USR24-0012
Janus Solar, LLC
16730 Creek Bend Drive, Sugar Land, TX
Logan Simpson c/o Emily Bitler
213 Linden Street, Fort Collins CO 80524
Hearing Date: October 1, 2024
A Site Specific Development Plan and Use by Special Review Permit, for a 1041 Major
Facility of a Public Utility, USR24-0012, including an 80 megawatt AC Solar Energy
Facility (SEF) on 700 acres, a 20 megawatt AC BESS (Battery Energy Storage System),
a step-up substation, transformer and maintenance facilities, and a 155kV electrical line
connection to the existing Sand Creek Switching Station outside of subdivisions and
historic townsites in the A (Agricultural) Zone District.
The NW4 of Section 24, Township 1 North, Range 63 West of the 6th P.M., Weld
County, CO
The SW4 of Section 24, T 1 North, Range 63 West of the 6th P.M., Weld County, CO
Lot B of Corrected Recorded Exemption RECX11-0028; being part of the NW4 of
Section 25, Township 1 North, Range 63 West of the 6th P.M., Weld County, CO
The NE4 and the N2SW4 of Section 25, Township 1 North, Range 63 West of the 6th
P.M., Weld County, CO
N2SW4 of Section 25, Township 1 North, Range 63 West of the 6TH P.M., Weld
County, CO
East of and adjacent to County Road 71, 1/2 mile south of County Road 8, 3/4 mile
west of County Road 75 Section Line, and 1/4 mile north of County Road 4
Parcel boundary: +/- 700 acres
Parcel Nos.:
1479-30-0-00-001
1477-24-3-00-016
1477-25-0-00-007
1477-25-1-00-011
1477-25-2-00-002
The criteria for review of this Special Review Permit are listed in Chapter 21 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ US Fish & Wildlife Service, referral dated June 14, 2024
➢ Colorado Parks and Wildlife, referral dated May 17, 2023
➢ Western Area Power Administration, referral dated June 13, 2024
➢ Colorado Department of Transportation, referral dated June 18, 2024
USR24-0012 I Janus Solar, LLC
Page 1 of 22
➢ Southeast Weld Fire Protection District, referral dated June 11, 2024
➢ Weld County Department of Planning Services — Development Review referral dated July 9, 2024
➢ Southeast Weld Conservation District, referral dated August 13, 2024
➢ Weld County Oil and Gas Energy Department referral dated June 18, 2024
➢ State of Colorado Division of Water Resources, referral dated July 3, 2024
➢ Tri-State Generation and Transmission Association, referral dated June 24, 2024
➢ Colorado Department of Public Health and Environment, referral dated July 6, 2024
➢ Weld County Department of Public Health and Environment, referral dated July 9, 2024
➢ Weld County Department of Planning Services — Floodplain Administrator, referral dated July 1, 2024
➢ Warren Air Force Base, referral dated June 13, 2024
➢ Weld County Office of Emergency Management, referral dated September 9, 2024
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ United Power, referral dated June 14, 2024
➢ Weld County Sheriff's Office, referral dated July 3, 2024
➢ Public Service Company of Colorado, referral June 12, 2024
➢ Adams County Community and Economic Development Department, referral dated June 11, 2024
The Department of Planning Services' staff has not received responses from the following agencies:
➢ PV LLC
➢ Sand Creek
➢ DCP Midstream
➢ Lost Creek Ditch
➢ History Colorado
➢ West Sand Creek
➢ Wiggins Telephone
➢ Ambulance Services
➢ Lomita Operating Co.
➢ Union Pacific Railroad
➢ Colorado Interstate Gas
➢ Western Gas Supply Co.
➢ US Department of Energy
➢ Weld School District RE -3J
➢ Occidental Petroleum Corp.
➢ Colorado Geological Survey
➢ Panhandle Eastern Pipeline
➢ Associated Natural Gas, Inc.
➢ US Army Corps of Engineers
➢ Weld County Attorney's Office
➢ US Department of Transportation
➢ Environmental Protection Agency
➢ Western Slope Oil and Gas Company
➢ State of Colorado Public Utilities Commission
➢ Colorado Oil & Gas Oil & Gas Conservation Commission
➢ Occupational Safety and Health Administration
➢ State of Colorado Department of Labor & Employment
➢ Weld County Department of Planning Services — Building Inspection
➢ Weld County Department of Planning Services — Code Compliance
USR24-0012 I Janus Solar, LLC
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Case Summary:
The applicant, Janus Solar, LLC, is requesting a 1041 Solar Energy Facility (SEF) Permit. Janus is located
on five (5) privately owned properties in southeast Weld County and generally located between County
Road 71 and County Road 75 and between County Road 4 and County Road 8. Janus consists of
approximately 169,969 solar panels mounted on single -axis tracking ground -mounted solar arrays. These
arrays are designed to generate 80 -megawatt AC (MWAC). Other associated infrastructure includes
racking equipment, underground collection lines, a 20 -megawatt AC (MWAC) Battery Energy Storage
System (BESS), a step-up substation, transformer and maintenance facilities. Janus will connect directly to
the Sand Creek 115 Kilovolt (kV) Switching Station via a (0.2 mile) 115 kV Generation Tie Line. The BESS
will enable electricity to be delivered to the grid at night.
Ground -mounted solar collectors will be less than 10 feet, 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.
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 Janus will occur during daylight hours over the twenty-four to thirty-six (24 to
36) -month construction period. Construction will occur between the hours of 6:30 am to 3:30 pm Monday
through Saturday. If construction activities continue past daylight, nighttime lighting would be temporary
and shielded.
Post construction, operations and maintenance crews will be on -site up to eight (8) times annually for up to
four (4) hours per visit.
A security fence will be constructed around the perimeter of the Project to prevent the public from entering
the area.
The facility is unmanned, and no water or sewage disposal service is proposed. Bottled water and portable
toilets will be provided during construction.
Janus is north of and adjacent to the Prospect Solar Project which is a 1,500 -acre, 1041 Solar Energy
Facility. Prospect was submitted to the County under USR24-0013. Parcel 14793000001 was split into an
80 acre parcel and a 240 acre parcel. Janus will be on the 80 -acre parcel and Prospect will be on the 240 -
acres parcel. Additionally, parcel 147725000007 was split from 160 acres to two (2) 80 -acre parcels. Janus
will be on the northern 80 acres with Prospect will be on the southern 80 acres. Due to the timing of these
splits the new parcel numbers have not yet been generated by the Assessor so the parcel number reflected
in this report are the previous numbers.
A Decommissioning and Reclamation Plan along with a cost estimate was submitted with the application
materials. An Emergency Response Plan was also submitted as requested by Weld County Office of
Emergency Management.
Upon receipt of the referral agency comments the application immediately responded with
acknowledgements to the Weld County Oil & Gas Energy Department and the Colorado Parks and Wildlife
(CPW) referral agency comments.
DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED BASED ON THE FOLLOWING APPROVAL CRITERIA:
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 Department of Planning Services' staff 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.
USR24-0012 I Janus Solar, LLC
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Janus Solar, LLC (Janus) is a 1041 Solar Energy Facility (SEF) on 700 -acres. The SEF will
generate about 80 -megawatt AC (MWAC). The infrastructure includes racking equipment,
underground collection lines, a 20 -megawatt AC (MWAC) Battery Energy Storage System (BESS),
a step-up substation, transformer and maintenance facilities, and a 115kV interconnecting
transmission line (approximately 0.2 miles in length) to connect to the existing Sand Creek
Substation.
The 700 -acres is generally located between County Road 71 and County Road 75 and between
County Road 4 and County Road 8. This is a remote area of the County. There are five (5) affected
properties that contribute to the 700 acres. No buildings are identified on these properties. There
are multiple plugged and abandoned oil and gas wells on the site. Apart from the creek beds the
topography is generally flat and, according to the application materials, the 700 acres consists of
dryland agricultural row crops and rangeland. cultivated cropland, including sorghum and winter
wheat, with a few homesteads. A single-family residence is located approximately 400 feet from
the facility. The applicant intends to screen the solar panels from this residence along the northern
and eastern property lines. Four (4) letters of support were submitted with the application materials.
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
surrounding property owners with 1,320 feet and the owners and lessees of the mineral estate on
or under the parcels. In total thirty-six (36) owners were notified. The Department of Planning
Services received eleven (11) letters of objection. The letters outline concerns about wildlife and
the environment, the efficacy of the junipers used for screening, decrease in property values,
aesthetics, "solar farm stigma", water runoff, leaching of hazardous materials, chemical spills, toxic
material release, dust, noise and vibration, increase in the traffic noise from State Highway 79 due
to crop removal, increased truck traffic during construction, glint & glare, heat effects (microclimate),
electromagnetic interference, light pollution, conflicts with future land use plans, psychological
effects including stress and anxiety, change in quality of life, lack of fencing, and sustainable
farming.
The applicant held a neighborhood meeting was held at Weld Central High School on July 5, 2023
and met with eight (8) Surrounding Property Owners and met with a ninth (9th) Surrounding
Property Owner one-on-one at a later date.
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
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 Socioeconomic Impact and Community Benefit Report (Report) provided with the application
materials states that the positive socioeconomic impacts include employment opportunities during
the short term (construction phase) as well as the long-term (operational phase). These
opportunities consist of direct construction and maintenance jobs in addition to indirect effects such
as supply chain purchases, construction in the form of grading, structural, and electrical
installations, as well as local building materials like gravel and concrete which support industries in
logistics and other professional services that are likely sourced locally. Solar projects contribute to
fortifying the local tax base through induced sales tax revenue and property taxes. The solar market
has exhibited substantial job growth from 2016 to 2021, outpacing the overall U.S. economy's job
growth by a factor of five, amounting to a 44% increase. Over the decade from 2009 to 2019, major
technology corporations contracted extensive amounts of solar energy for their operations and
creating job opportunities. The solar industry features a diverse workforce.
The Report also states it is estimated that the Janus Solar Project, in combination with the Prospect
Solar Project, will support 1,977 full-time equivalent, direct and indirect jobs, and produce nearly
$13 million in projected property tax revenue. Economic output during the twenty-four to thirty-six
USR24-0012 I Janus Solar, LLC
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(24 to 36) -month construction phase is estimated to be $171,955,000 and $8,229,700 during the
operating life of the Janus and Prospect Solar Projects.
During the construction period, the local economy may see a small influx of dollars and a small
increase in sales tax revenue. Additionally, the local economy will be stimulated through
employment of Weld County's workforce. For example, the non -local workers will use local hotels,
motels, and other temporary housing, eat at local restaurants, and shop at local businesses.
C. Section 21-7-350.C.3 -- All reasonable alternatives to the proposed action, including use of existing
rights -of -way and joint use of rights -of -way wherever uses are compatible, have been adequately
presented.
Janus is located on 700 -acres generally located between County Road 17 and County Road 75
and between County Road 2 and County Road 8. According to the application materials a larger
land area was initially studied, and the 700 -acre final footprint was selected because it offered
advantages to the community and overall environment while providing opportunities and
circumstances favorable to Solar and BESS facilities, specifically:
1) Ample undeveloped flat land, with the ability to accommodate various layouts of PV solar and
the incorporation of appropriate setbacks.
2) Existing transmission infrastructure less than 0.2 miles from the property.
3) Augmenting, while sustaining for future landowners, current unsustainable primary land use as
indicated by the landowners.
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.
The applicant submitted an Environmental Conservation Measures report with the application
materials incorporating the comments of the Colorado Parks and Wildlife (CPVV) and the U.S. Fish
and Wildlife and it states, in part, that the final layout of the solar arrays will avoid wetlands,
waterways, and sensitive species habitats.
Additionally, the application materials include an email, dated February 3, 2023, from U.S. Fish and
Wildlife Service (Service) that states that, "...the Service has reviewed your Janus solar project in
Weld County and has no concerns with this project resulting in impacts to species listed as
proposed, threatened, or endangered. We appreciate your efforts to ensure the conservation of
threatened and endangered species." A letter dated May 17, 2023, from Colorado Parks and
Wildlife (CPW), was also submitted with the application materials and includes information about
incorporating one or more north -south movement corridors for game, recommendations for
conducting pre -construction nesting surveys, and requirements on fencing types. Incorporation of
a wildlife corridor and setbacks from sensitive habitat will minimize adverse effects to wildlife.
The US Department of Energy, the Environmental Protection Agency, the US Fish and Wildlife
Service 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 18, 2024 indicating that there are no 1041 WOGLA Permits on the subject properties and two
(2) plugged and abandoned oil and gas wells.
The Southeast Weld Conservation District's referral dated August 13, 2024 include
recommendations that the applicant conserve natural resources through the implementation of a
revegetation and soil conservation plan, including, but not limited to, pre -planting grass seed,
installing hedgerows or windbreaks, and practicing soil conservation measures.
USR24-0012 I Janus Solar, LLC
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Soil Type
Farmland Classification
Acres
Ascalon sandy loam, 5 to 9 percent
slopes
Prime farmland if irrigated and the product of I
(soil erodibility) x C (climate factor) does not
exceed 60
38.7
Alcalon sandy loam, 3 to 5 percent
slopes
Prime farmland If irrigated and the product of I
(soil erodibility) X C (climate factor) does not
exceed 60
0.0
Haverson loam, 1 to 3 percent slopes
Prime farmland if irrigated
38.3
Vona sandy loam, 3 to 5 percent
slopes
Not prime farmland
0.1
Weld loam, 1 to 3 percent slopes,
Prime farmland if Irrigated
846.7
The application materials state that utilization of local resources within Weld County will be minimal
as Janus will not require services such as water, sewage, or emergency services at a level typical
of other land uses in the area. The Socioeconomic Impact and Community Benefit Report submitted
with the application materials state that Janus will be a low water -use development and that none
of the proposed site will be irrigated. However, the applicant is proposing screening is the form of
Rocky Mountain Juniper trees which require, 15,125 gallons of water per week during the first year
of establishment, noting that the trees do not need to be watered during the winter.
Water for construction purposes, such as concrete foundations and dust control, is generally
covered via off -site sources by a construction water provider and is appropriately sourced from
municipal or private sources.
Finally, water will be required to clean the solar panels to maintain energy output. The exact
cleaning schedule is a function of precipitation, dust, and other particulate settling on the panels.
To minimize cleaning, the neighboring roads will be treated with GMCO CS products, a blend of
liquid magnesium chloride and a complex sugar. The product is for gravel road stabilization and
dust control. This GMCO CS reduce water consumption related to cleaning during the operation
period. Water for operational purposes would either be brought onsite or accessed via an
appropriately permitted water source at the site.
The application estimated water needs for this project is 0.007 acre feet per year for the solar facility
per the applicant.
The Division of Water Resources indicated in their referral response dated July 3, 2024 stated that
a copy of well permit no. 322682 was included in the referral material. This permit was approved
pursuant to CRS 37-90-105 for a well on a tract of land of 160 acres described as the SW1/4 of
Section 24, Township 1 North, Section 63 West of the Sixth P.M., Weld County. Water from this
well may be used for domestic purposes inside two (2) single family dwellings, and the watering of
four (4) of the owner's own large non-commercial domestic animals (per single family dwelling),
irrigation of 2,000 square -feet of lawn and garden and the watering of livestock on range and
pasture. As permitted, this well cannot be used for the proposed solar facility, unless the well is re -
permitted to operate pursuant to a Determination of Water Rights and a Replacement Plan to be
approved by the Groundwater Commission.
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 700 -acres that comprise Janus are located in a remote area of the County. There are sixteen
(16) parcels within one -quarter (1/4) mile of the site and one (1) of these parcels contain at least
one residence. These residences are located east of County Road 71 and is within 400 feet of the
SEF.
USR24-0012 I Janus Solar, LLC
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The application materials include a Decommissioning and Reclamation Plan and a Dust and Weed
Mitigation Plan.
A siting analysis was performed in order to identify potential adverse impacts.
The siting analysis reviewed visual impacts, wildlife resources, sensitive soils, and wetlands and
waterways. Effects of dust and noise were also considered in separate reports. Visual impacts will
be addressed through the installation of landscaping screens. The application materials included
the following reports: a Photosim Visual Impact Analysis, a Critical Issues Analysis, a Technical
Memorandum for the Protected Species Report, a Dust and Weed Mitigation Plan, a Glare Study,
a Socioeconomic and Community Benefit Report, a Wetland and Waterbody Delineation Report,
an Environmental Conservation Measures Report, an Archaeology Class I File Search, along with
a Decommissioning and Reclamation Plan.
The visual impacts will be addressed through a Screening Plan. The 1041 USR map depicts a
triangular pattern of junipers between Janus and some of the surrounding property owners'
properties. The operator will ensure that any dead or dying trees will be replaced so that the
screening will remain in place over the life of the project. Additionally, a Development Standard has
been added that states that the landscaping will be maintained and any plantings that are diseased
or dying shall be replaced within the growing season or next calendar year whichever occurs
sooner. The operator will also water the trees for one (1) year to ensure they are established.
Wildlife habitat and endangered wildlife species will not be significantly impacted. The subject
properties provide low to moderate habitat for various federal and state listed species. Setbacks
and wildlife corridors have been established to preserve the natural resources and connect
habitats. The applicant corresponded with the U.S. Fish and Wildlife Service and the Colorado
Parks and Wildlife (CPVV) departments prior to submitting the application and it was determined
that Janus will not interfere or disturb habitat for listed and existing species. A 250 to 500 -foot
wildlife corridor has been incorporated into the design plan.
Localized soil stripping will be required for the inverters, substation, and laydown yards. This
topsoil, along with the soil from the stormwater ponds, will be stockpiled on site to form a four (4)
tall, eight (8) wide, 5,235' long berm that will be placed on the north and west property boundary of
the Jeffrey Erker property (Lot C of RE -4104 part of the SE4 of Section 30, Ti N, R62W). No soil
stripping is planned under panels or at the screw pile locations, unless required to smooth out
localized knolls and depressions, or to facilitate appropriate stormwater runoff. Native plant seeding
will be incorporated between and around the solar arrays to restore the appearance of the site and
to promote the return of native species and pollinators. Drainage and vegetation will be preserved
and promoted throughout the site, with the location of the solar arrays to be built around the existing
Sand Creek and West Sand Creek. Southeast Weld Conservation District returned a referral dated
August 13, 2024, requesting a revegetation plan after construction, and to manage soil erosion
during construction.
Noise and disruption related to construction include pile driving at 89 - 95db(A) and equipment
backup beeping (reverse warning sounds) of 97-112 dBs(A). This noise will be temporary in nature
and is not anticipated to exceed maximum levels at the property boundary for construction
activities. Additionally, the transformers, inverters and fans on the BESS create a humming noise
that may be noticeable to nearby residents or wildlife. It is anticipated that this noise will not exceed
the noise regulations as set forth by Weld County.
Any debris produced during construction will be promptly removed and disposed of properly by the
construction contractor.
The Glint and Glare Analysis was submitted with the application materials. The analysis was
reviewed the effects of the solar energy facility on nearby residences and on a privately owned
landing strip near the site. Worst -case scenario parameters were used for a conservative estimate.
USR24-0012 I Janus Solar, LLC
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Findings show that with appropriate system settings, it is unlikely that glare from the proposed solar
project will be problematic in any manner for the surrounding area and that this 1041 Solar Energy
Facility would pass the Federal Aviation Administration's 2021 policy regarding glint and glare
effects to commercial airports.
A security fence will be constructed around the perimeter of the Project to prevent the public from
entering the area.
The Decommissioning Plan states that the site will be returned to pre-existing conditions within
twelve (12) months of operation cessation. Monitoring and site restoration may extend beyond this
period to ensure successful revegetation and rehabilitation.
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.
Janus is generally located between County Road 71 and County Road 75 and between County
Road 2 and County Road 8. 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
Sheriff's Department and the Southeast Weld Fire Protection District. The Weld County Sheriff's
Office submitted a referral agency response dated July 3, 2024, stating that they have no concerns.
The Southeast Weld Fire Protection District, stated in their referral e-mail dated June 12, 2024, that
the applicant will need to go through Plan review/fees and prior to and during construction.
Construction of the Janus will occur during daylight hours over the twenty-four to thirty-six (24 to
36) -month construction period. If construction activities continue past daylight, nighttime lighting
would be temporary and shielded. The application materials estimate that there will be 300 workers
at the project site and a possible additional 150 workers in case there are issues with the supply
chain, the need to improve the construction schedule, or multiple activities are happening at the
same time that may require an increase in workforce. The additional 150 workers may be needed
for a short time. Construction will occur between the hours of 6:30 am to 3:30 pm Monday through
Saturday. The traffic narrative states that there will be three hundred (300) daily trips of passenger
vehicles, fifteen (15) daily water trucks, and fifteen (15) daily trips of heavy-duty trucks. This volume
of daily traffic of 660 trips are expected to be the highest volume generated during construction of
the solar facility. The application materials also state that it is believed that trips generated by the
construction of the Prospect and Janus projects will not have major impacts on the transportation
patterns or the roads in the area of the project site.
The application materials also state that it is believed that trips generated by the construction of the
Prospect and Janus projects will not have major impacts on the transportation patterns or the roads
in the area of the project site.
During normal operation, the solar field and substation may be accessed monthly by 1-2 workers
to conduct routine inspections or maintenance. These inspections may occur over a few days.
There will be no permanent cargo containers, with the exception of the O&M container, which will
be installed in the project substation area.
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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.
The government services significantly affected with this proposal include, but are not limited to, first
responders and/or emergency services including the Sheriff's Department and the Southeast Weld
Fire Protection District. The Weld County Sheriffs Office submitted a referral agency response
dated June 11, 2024, stating that they have no concerns. The Southeast Weld Fire Protection
District, stated in their referral e-mail dated June 12, 2024, that the applicant will need to go through
Plan review/fees and prior to and during construction.
The application materials include an email summary, date July 6, 2023, that outlines a discussion
between the Southeast Weld Fire Protection District (District) and the applicant. The District stated
that a water tank on the projects site which can be used by the Fire District in the area would be
very helpful and that the applicant should determine how much water is needed for the projects
and then work out as much there is left available for the fire department to use based on the size
of the tank. The District also stated that the fire department shall be allowed to enter at any time
using a Knox -box key to open the gates and that the project layout must respect the fire code
spacing regulations to allow enough space for fire trucks to turn. The District requested a dust and
weed mitigation plan which has been included in the application materials.
The District submitted referral agency comments dated June 11, 2024, stating that the applicant
will be required to go through the District process of plan review, fees, and inspections prior and
during construction.
The Weld County School District RE -3J did not return a referral response.
H. Section 21-7-350. C.8 -- The nature and location of the facility or expansion will not unduly interfere
with existing easements, rights -of -way, other utilities, canals, mineral claims or roads.
The application materials state that Janus is not anticipated to unduly interfere with existing, canals,
mineral interests, easements, ROWs, or other utilities. Canals and other irrigation channels will be
considered with construction phase of Janus and that the irrigation pathways and ditches have
been marked and planned around within the site plan. The structures and channels will be
preserved on the property for possible future use of agriculture following the decommissioning of
the project.
Additionally, according to the State of Colorado Energy and Carbon Management Commission
(ECMC) maps seven (7) well bore permits have been filed on the site. Janus is sited to avoid
existing oil and gas facilities and pipelines, surface use agreements, and reasonably
accommodates mineral access through appropriate setbacks that have been incorporated into
project design. The location of the SEF is in a low oil and gas producing area in the County and all
the wells on properties have expired and there are no reports of production to the ECMC.
Mineral estate owners were identified through a list provided by the Weld County Clerk and
Recorder. The applicant is communicating with these owners to obtain Surface Use Agreements
and will incorporate mineral access locations in the USR map as needed. The mineral owners were
notified of the public hearing for this 1041.
The Development Review referral agency comments dated July 9, 2024, state that it is noted that
the existing CR 71 right-of-way and the proposed site plan overlap. Specifically, the site plan
includes development within the right-of-way. Review the site plan and revise.
Janus will maintain minimal impact on usage of utilities during construction. A step-up substation
and a 155 kV connection to the sand creek substation are a part of the Janus Solar Energy Facility
(SEF).
USR24-0012 I Janus Solar, LLC
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I. Section 21-7-350.C.9 -- Adequate utilities exist or shall be developed to service the site, as
necessary.
Janus' demand for utilities is low and the step-up substation and transformer will be constructed as
part of the Janus Solar Energy Facility (SEF). The Project will connect directly to the Sand Creek
115 kilovolt (kV) Switching Station via a short (0.2 mile) 115 kV Generation Tie Line.
Bottled water will be used during construction and Janus will have no impacts on vested water
rights. Portable toilets are required the construction phase.
State of Colorado Division of Water Resources returned a referral dated July 3, 2024. According
to the information provided the water needs for this project is 0.007 acre- feet/acre/year for the
solar facility. In addition, water will be used for dust control during constructions, fire control and
Panel Washing and Maintenance. Estimates on the water demands for the other uses were not
provided. Also, it is indicated that the Applicant has secured sufficient water resources from a
private water service provider and the water for dust control may be supplied by outside service
companies as part of their spray mix system. Information on the water source was not provided
therefore we have no comments on this project. The
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.
Janus is characterized as a utility -scale Solar Energy Facility (SEF) on 700 -acres. The
infrastructure required includes racking equipment, underground collection lines, a 20 -megawatt
AC (MWAC) Battery Energy Storage System (BESS), a step-up substation, transformer and
maintenance facilities, and a 155kV interconnecting transmission line to connect to a Sand Creek
Substation.
Janus' location, generally between County Road 71 and County Road 75 and between County
Road 2 and County Road 8, is a remote area. There are two (2) USRs within one (1) mile of the
exterior boundary of the SEF: USR-1186 for 115 kV transmission lines, SUP -483 (USR-483) for a
gravel mine, and USR12-0039 for agricultural services. The adjacent land uses include pastures,
crops, vacant land, and some rural residences. Linear infrastructure includes a and local, primarily
gravel, roads, Sand Creek, and associated unnamed tributaries travel through the subject
properties. Permanent removal of the topsoil will be required for the inverters, substation, and
laydown yards. Impacts to native vegetation around the site are expected to be minimal.
Southeast Weld Conservation District returned a referral dated August 13, 2024, requesting a
revegetation plan after construction, and to manage soil erosion during construction.
The Colorado Parks and Wildlife (CPW) submitted referral agency comments dated June 18, 2024,
that included information about incorporating one or more north -south movement corridors for
game, recommendations for conducting pre -construction nesting surveys, and requirements on
fencing types. The application materials included letters from both CPW and U.S. Fish and Wildlife
(FWS).
The applicant submitted an Environmental Conservation Measures report with the application
materials incorporating the comments of CPW and the FWS and it states, in part, that the final
layout of the solar arrays will avoid wetlands, waterways, and sensitive species habitats.
The US Department of Energy, the Environmental Protection Agency, the US Fish and Wildlife
Service, the US Army Corps of Engineers, and History Colorado, the State Historic Preservation
Office did not submit referral agency comments.
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K. Section 21-7-350.C.11 -- The geological and topographic features of the site are adequate for all
construction, clearing, grading, drainage, vegetation and other needs of the facility construction or
expansion.
There are no significant geologic hazards or geologic areas of importance. The Colorado Geologic
Survey did not return a referral agency response. The prevalent natural hazard is flooding from Sand
Creek and associated unnamed tributaries that travel through the Janus SEF, south towards
Adams County. These creeks are usually dry however, at times, they have significant flows and
high-water during storms evidence by scoured creek beds and a large box culvert installed by the
Colorado Department of Transportation (CDOT) under State Highway 79. Two of the subject
parcels are traversed by theses creeks. The referral agency comments from the Floodplain
Administrator, dated July 1, 2024, state that although FEMA has not mapped the floodplains in this
area it is evident that portions of the 700 acres are in the floodplain and a Flood Hazard
Development Permit is required prior to construction. Apart from the creek beds the topography is
gently rolling (somewhat flat) and, according to the application materials, there is no irrigated prime
land on site. There are five (5) total properties that contribute to the 700 acres and there is only one
built structure, an equipment building.
According to the application materials, localized soil stripping will be required for the inverters,
substation, and laydown yards. This topsoil, along with the soil from the stormwater ponds, will be
stockpiled on site to form a berm located on the boundary with (part of the W2 Section 30, Ti N,
R62W(PN 147930000001). No soil stripping is planned under panels or at the screw pile locations,
unless required to smooth out localized knolls and depressions, or to facilitate appropriate
stormwater runoff. Drainage and vegetation will be preserved and promoted throughout the site,
with site plans built around the existing Sand Creek and West Sand Creek.
Southeast Weld Conservation District returned a referral dated August 13, 2024, requesting a
revegetation plan after construction, and to manage soil erosion during construction.
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 Weld County Floodplain Coordinator on or in unmapped unstudied 100 -year floodplain of Sand
Creek, Lost Creek and associated unnamed tributaries travel through the Janus SEF towards the
south. These creeks are usually dry however, during storms events, they have significant flows and
high-water evidence by scoured creek beds and a large box culvert installed by the Colorado
Department of Transportation (CDOT) under State Highway 79. The southern limit of the study
areas does not imply that there is no 100 -year floodplain to the south, but only that no additional
studies in this area have been completed. Based on the nature of the proposed facility (i.e. a 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.
Janus will not impact hydrologic flow of surface water or groundwater, and it will not affect
groundwater recharge. Prior to construction, a Storm Water Permit for Construction Activities would
be acquired from the Colorado Department of Public Health and Environment (CDPHE).
Janus will include setbacks per state mandates for all wells, active or abandoned, to ensure no
contamination or impacts to surface waterways or ground water. No discharge of contaminants or
other materials will occur to state waters as a result of this Project.
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.
Sand Creek and associated unnamed tributaries travel through the Janus SEF, south towards
Adams County. Janus's configuration will avoid these stream beds and any Waters of the United
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States (WOTUS), and the final layout of the solar arrays will avoid wetlands, waterways, and
sensitive species habitats.
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.
The 700 -acres is generally located between County Road 71 and County Road 75 and between
County Road 4 and County Road 8. This is a remote area of the County. There are five (5) affected
properties that contribute to the 700 acres and there. Apart from the creek beds the topography is
generally flat and, according to the application materials, the 700 acres consist of cultivated
cropland, including sorghum and winter wheat, with a few homesteads. Four (4) letters of support
were submitted with the application materials.
The Southeast Weld Conservation District's referral dated August 13, 2024, include
recommendations that the applicant conserve natural resources through the implementation of a
revegetation and soil conservation plan, including, but not limited to, pre -planting grass seed,
installing hedgerows or windbreaks, and practicing soil conservation measures.
Grasses and other low -growth species will be seeded beneath the panels to reduce soil erosion,
and the weeds will be managed. The loss of natural resources will be negligible, and, at the time of
decommissioning, the land will be restored to its previous condition for future uses. Janus reduces
the negative impacts by avoiding sensitive environmental areas like the creek beds and it does not
produce hazardous waste.
Weeds will be managed by the following methods:
1) Planting native or desirable plant species for site colonization and promoting healthy vegetation
communities in reclaimed areas. Preventing unnecessary ground disturbance through precise
planning of construction projects and other activities. Managing the prompt revegetation of
disturbed areas.
2) Mowing, pulling, disking, and plowing may be used on weedy species for which these
treatments are effective.
3) Introduce insects or other biologic agents which are known to inhibit or prevent reproduction of
noxious weed species. If biological agents are employed, control methods will be coordinated
with the Colorado Department of Agricultural Insectary in Palisade, Colorado.
4) Application of appropriate herbicides by a licensed applicator. All herbicides will be applied in
accordance with the manufacturer's label and in accordance with Colorado laws.
Janus will produce alternative energy that will help the state and local communities achieve
Colorado energy goals. Additionally, as previously stated, the positive socioeconomic impacts
include employment opportunities during the short term (construction phase) as well as the long-
term (operational phase). These opportunities consist of direct construction and maintenance jobs
in addition to indirect effects such as supply chain purchases, construction in the form of grading,
structural, and electrical installations, as well as local building materials like gravel and concrete
which support industries in logistics and other professional services that are likely sourced locally.
Janus requires minimal governmental services, and the installation of the SEF will supplement
landowner income.
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 prior to issuance of a building permit by the
County.
According to the application materials the necessary lease agreements have been obtained and
recorded with the Weld County Clerk and Recorder. Janus will obtain building permits after this
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USR is recorded. Janus is in the process of obtaining the necessary ditch agreements and County
Road ROW access permits.
There are a large variety of permits that are required prior to construction and operation. Some of
these permits are a Weld County grading permit, a Weld County right-of-way permit, Air Pollutant
Emissions Notice, dust control permit, Colorado Department of Public Health and Environment
(CDPHE) Colorado Discharge Permit System (CDPS) permit, Colorado Department of
Transportation (CDOT) permits, overweight vehicle permits and U.S. Environmental Protection
Agency (USEPA) Spill Prevention, Containment, and Countermeasures (SPCC), Plan. The Janus
Solar Facility will avoid the Waters of the United States (WOTUS).
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 Janus will not present an unreasonable risk of exposure to or
release of toxic or hazardous substances. The solar modules are composed solely of solid
materials, contain no cadmium, and a small amount of lead that is well under Federal limits and
much less than is found in a typical cell phone. During operation, maintenance will generally include
only inert substances such as water for washing the panels. No fuel or raw materials will be stored
onsite during operations.
During construction, fuel, raw materials, equipment, and related items will be maintained per a Spill
Prevention, Control, and Countermeasures (SPCC) Plan. The contractor will prepare and adhere
to the SPCC Plan to ensure that petroleum products and hazardous materials are managed
appropriately. Compliance with U.S. Environmental Protection Agency (USEPA) Resource
Conservation and Recovery Act (RCRA) laws governing the proper management of solid and
hazardous waste will be closely followed for all waste disposals. The SPCC Plan will ensure that
liquids and gases used in construction will be contained and managed in accordance with county,
state, and federal requirements.
The Project will also include the construction of a Battery Energy Storage System (BESS). The
BESS is lithium ion based and is designed to meet the recommendations and requirements from
local authorities (i.e., Southeast Weld Fire District) in regard to fire, safety, and noise. The project
and battery supplier will comply with USEPA regional chemical reporting requirements for batteries
and hazardous materials.
The Weld County Office of Emergency Management (OEM) submitted referral agency comments,
dated September 9, 2024, stating that the Janus Solar LLC is required to provide adequate training
for first responders on the BESS units. The applicant will need to work closely with Chief Beach of
the Southeast Weld Fire Protection District (SEWFPD) to ensure this training occurs.
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 Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the 1041 USR map:
A. The applicant shall acknowledge the comments of the Southeast Weld Fire Protection District
(SEWFPD), as stated in the referral response dated June 11, 2024. Written evidence of such shall
be submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
B. The applicant shall address the requirements of the State of Colorado Division of Water Resources,
as stated in the referral response dated July 3, 2024. Written evidence of such shall be submitted
to the Weld County Department of Planning Services. (Department of Planning Services)
C. The applicant shall address the requirements of the Western Area Power Administration (WAPA),
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as stated in the referral response dated June 13, 2024. Written evidence of such shall be submitted
to the Weld County Department of Planning Services. (Department of Planning Services)
D. The applicant shall address the requirements of the Southeast Weld Conservation District, as
stated in the referral response dated August 13, 2024. Written evidence of such shall be submitted
to the Weld County Department of Planning Services. (Department of Planning Services)
E. The applicant shall address the requirements of Western Area Power Administration as
stated in the referral response dated June 13, 2024. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (WAPA)
F. The applicant shall address the requirements of Tri-State, as stated in the referral response
dated June 24, 2024. Written evidence of such shall be submitted to the Weld County Department
of Planning Services. (Department of Planning Services)
G. The applicant shall acknowledge the requirements of Public Service Company of Colorado,
as stated in the referral response dated June 12, 2024. Written evidence of such shall be submitted
to the Weld County Department of Planning Services. (Department of Planning Services)The
applicant shall submit a recorded copy of the easement agreement between United Power, Inc and
Colorado Interstate Gas for the use of the pipeline that will fuel the proposed Plant. (Department of
Planning Services)
E. H. The applicant shall provide written evidence of a permitted and viable water sources for dust
suppression and for fire tank waters associated with the fire suppression system. (Department of
Planning Services)
I. The applicant shall submit an irrigation and maintenance plan detailing how landscaping will be
irrigated during initial planting and how landscaping will be maintained going forward. (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. A Final Traffic Study, stamped and signed by a Professional Engineer registered in the
State of Colorado, is required. (Development Review)
M. The 1041 USR map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR24-0012 (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,
USR24-0012 I Janus Solar, LLC
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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 USR 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 USR map. Refer to Section 23-2-250.D. of the Weld County Code for design
criteria. (Department of Planning Services)
9. The map shall delineate the landscaping/screening that will be located on the north and west
side of parcel #147725200005. (Department of Planning Services)
10. Show and label the accepted Screening Plan. (Department of Planning Services)
11. 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)
12. 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)
13. Show and label any onsite 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 USR map. Refer to Section 23-2-250.D. of the Weld County Code for design
criteria. (Department of Planning Services)
14. County Road 4 (east of County Road 73) is a gravel road and is designated on the Weld County
Functional Classification Map as a local road which requires 60 feet of right-of-way at full
buildout. The applicant shall delineate and label on the USR map the existing right-of-way
(along with the creating documents) and the physical location of the road. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by Weld County.
(Development Review)
15. South of County Road 8 for approximately 7,200 feet, County Road 71 is a gravel road and is
designated on the Weld County Functional Classification Map as a local road which requires
60 feet of right -of- way at full buildout. The applicant shall delineate and label on the USR map
the future and existing right-of-way (along with the documents creating the existing right-of-
way) and the physical location of the road. All setbacks shall be measured from the edge of
right-of-way. This road is maintained by Weld County. (Development Review)
16. County Road 4 (west of County Road 73) is unmaintained section line right-of-way per the
Weld County GIS right-of-way map. The applicant shall verify and delineate the existing right-
of-way on the USR map. Show and label the section line Right -of -Way as "COUNTY ROAD 4
Section Line Right -Of -Way, Not County Maintained." All setbacks shall be measured from the
edge of right -of- way. (Development Review)
17. South of the maintained 7,200 feet, County Road 71 is unmaintained section line right-of-way
per the Weld County GIS right-of-way map. The applicant shall verify and delineate the existing
right- of -way on the USR map. Show and label the section line Right -of -Way as "COUNTY
ROAD 71 Section Line Right -Of -Way, Not County Maintained." All setbacks shall be measured
USR24-0012 I Janus Solar, LLC
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from the edge of right-of-way. (Development Review)
18. Show and label the proposed access location(s), access width and the appropriate turning radii
(65') on the USR map. Development Review will review proposed access locations during the
USR map review. The applicant must obtain an access permit in the approved location(s) prior
to construction. (Development Review)
19. Show and label the approved tracking control on the USR map. (Development Review)
20. Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely clear
the traveled way when the gate is closed. In no event, shall the distance from the gate to the
edge of the traveled surface be less than 35 feet. (Development Review)
21. 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)
22. Show and label the drainage flow arrows. (Development Review)
23. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Development Review)
24. 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 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. A Right-of-way Use Permit shall be acquired, if applicable. (Development Review)
B. The approved accesses shall be permitted and constructed, and the tracking control shall be
constructed prior to on -site construction. (Development Review)
C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
D. The applicant shall obtain a Floodplain Development Permit. (Department of Planning Services
Floodplain Administrator)
E. Should construction operations require temporary fuel tanks for vehicles and equipment, the
applicant shall provide written evidence that the fuel tanks are appropriately permitted through
the Colorado Department of Labor and Employment, Division of Oil and Public Safety. Written
evidence of such shall be submitted to the Weld County Department of Planning Services.
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(Department of Planning Services)
F. The applicant shall address the requirements of the Weld County Office of Emergency Management
as stated in their referral response dated September 9, 2024. Written evidence of such shall be
provided to the 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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Janus Solar, LLC
USR24-0012
1. A Site Specific Development Plan and Use by Special Review Permit, for a 1041 Major Facility of a
Public Utility, USR24-0012, including an 80 megawatt AC Solar Energy Facility (SEF) on 700 acres, a
20 megawatt AC BESS (Battery Energy Storage System), a step-up substation, transformer and
maintenance facilities, and a 155kV electrical line connection to the existing Sand Creek Switching
Station 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)
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 23-4-1030.C.5 of the Weld
County Code, as amended. (Department of Planning Services)
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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. 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)
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)
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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. 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. (Department of Public Health and Environment)
34. 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)
35. 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)
36. 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 Weld County, contain hand sanitizers and be screened from existing adjacent
residential properties and public rights -of -way. (Department of Public Health and Environment)
37. 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)
38. 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
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)
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39. 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)
40. 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)
41. 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)
42. 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)
43. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended.
(Department of Planning Services)
44. 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)
45. 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)
46. 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)
47. 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)
48. 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)
49. 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
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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)
50. 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)
51. 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)
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September 5, 2024
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: cgathman@weld.gov
Phone: (970) 400-3537
Fax: (970) 304-6498
BITLER EMILY
213 LINDEN STREET, SUITE 300
FORT COLLINS, CO 80524
Subject: USR24-0012 - A Site Specific Development Plan and Use by Special Review Permit, for a
1041 Major Facility of a Public Utility, USR24-0012, including an 80 megawatt AC Solar Energy Facility
(SEF) on 700 acres, a 20 megawatt AC BESS (Battery Energy Storage System), a step-up substation,
transformer and maintenance facilities, and a 155kV electrical line connection to the existing Sand
Creek Switching Station outside of subdivisions and historic townsites in the A (Agricultural) Zone
District.
On parcel(s) of land described as:
W1/2 of Section 30, Township 1 North, Range 62 West; and the SW1/4 of Section 24, as well as part
of the N1/2 and the SW1/4 of Section 25, Township 1 North, Range 63 West of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 1, 2024 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on October 23, 2024
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance
to answer any questions the Planning Commission members or Board of County Commissioners may
have.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://aca-
prod.accela.com/WELD/
Respectfully, _ f
Chris Gathman
Planner
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