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Home My WebLink About20242768.tiffMEMORANDUM TO: Diana Aungst, Planning Services FROM: Melissa King, P.E., CFM, Development Review DATE: July 9, 2024 SUBJECT: USR24-0013 1041 Prospect Solar Facility The proposal has been reviewed by Development Review on behalf of the Weld County Department of Public Works and the Department of Planning and Zoning. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS GENERAL PROJECT INFORMATION/LOCATION Project description: A Site Specific Development Plan and Use by Special Review Permit for a 1041 Major Facility of a Public Agency, USR24-0013, including a 199 megawatt AC Solar Energy Facility (SEF) on 1500 acres, a 100 megawatt AC BESS (Battery Energy Storage System), a step-up substation, transformer and maintenance facilities, and a 230kV interconnecting transmission line to connect to a new Tri-State Switching Station, outside of subdivisions and historic townsites in the A (Agricultural) Zone District - Prospect LLC. Parcel numbers: 147930100014, 147725000007, 147725000008, 147726000003, 147734000020 Lot B Corrected RE -1445, 147735000005, 147930000001. ACCESS According to the application materials, accesses for the project will be onto CR 4 and SH 79. Note that County access permits are only issued for locations that are on County -maintained roads. Obtain access permits that meet the Minimum Access Spacing Criteria, as specified in Table 1 below. The proposed use of existing non -maintained right-of-way in order to access a maintained county road location may result in required upgrades to the existing unmaintained roadway. ACCESS Sec. 8-14-30. Table 1 Minimum Access Spacing Criteria (Feet) Access Element Arterial Collector Local Distance between intersections Signalized 2,640 N/A N/A Unsignalized 1,320 1,320 330 Distance between accesses and intersections 660 660 330 Distance between access points 660 330 150 Distance between access points in subdivisions 660 330 75 Per Section 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We strongly encourage you to discuss your access with Development Review prior to laying out your site plan to ensure the approved accesses are compatible with your layout. Minimum access and intersection spacing requirements are shown in Weld County Code, Section 8-14-30, Table 1. Please refer to Chapter 8 of the Weld County Code for more information regarding access. S H 79 is a state highway. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to state highways. Please contact CDOT to verify the access permit or for any additional requirements that may be needed. (State Highway 52) Please include all three representatives in your request. CDOT Contacts: Mr. Tim Bilobran - timothy.bilobran@state.co.us Ms. Allyson Young - allyson.young@state.co.us Mr. Mike Shepherd — mike.shepherd@state.co.us A revised site plan, that calls out access onto maintained roadways, shall be submitted. ROADS AND RIGHTS -OF -WAY; County Road 4 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which require 60 feet of right-of-way. The applicant shall delineate and label on the USR map the future and existing rights -of -way (along with the documents creating the existing right-of-way) and the physical location of the road. If any right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Section 23-1- 90, the required setback is measured from the future right-of-way line. Be aware that the physical roadway may not be centered in the right-of-way. This road is maintained by Weld County. West of CR 73, County Road 4 right -of way exists but is not maintained by Weld County. (See below). S ection line right-of-way does not exist in all sections in Weld County and should be verified before a decision to utilize it is made. Weld County commonly refers to these locations as "Non -Maintained Section Line Right -of -Way." The existence of a physical road does not imply public right-of-way and the road may be located on private property. All right-of-way should be verified and physical roads located in relationship to the public right-of-way to ensure trespassing does not occur. The applicant shall verify the existing right- of-way and the documents creating the right-of-way and this information shall be noted on the map. The applicant shall delineate on the USR map the existing right-of-way and physical location of existing or proposed roads. If the right-of-way cannot be verified it shall be dedicated or an adequate easement between property owners shall be provided. Pursuant to the definition of setback in the Weld County Code, S ection 23-1-90, the required setback is measured from the future right-of-way line. Be aware the physical roadway(s) may not be centered in the right-of-way. This road is NOT maintained by Weld County. S outh of CR 8 for approximately 7,200 feet, County Road 71 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. 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. If any right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Section 23-1- 90, the required setback is measured from the future right-of-way line. Be aware that the physical roadway may not be centered in the right-of-way. This road is maintained by Weld County. S outh of the maintained 7,200 feet, County Road 71 right -of way exists but is not maintained by Weld County. (See below). Section line right-of-way does not exist in all sections in Weld County and should be verified before a decision to utilize it is made. Weld County commonly refers to these locations as "Non - Maintained Section Line Right -of -Way." The existence of a physical road does not imply public right-of-way and the road may be located on private property. All right-of-way should be verified and physical roads located in relationship to the public right-of-way to ensure trespassing does not occur. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the map. The applicant shall delineate on the USR map the existing right-of-way and physical location of existing or proposed roads. If the right-of-way cannot be verified it shall be dedicated or an adequate easement between property owners shall be provided. Pursuant to the definition of setback in the Weld County Code, Section 23-1-90, the required setback is measured from the future right-of-way line. Be aware the physical roadway(s) may not be centered in the right-of-way. This road is NOT maintained by Weld County. 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. County Road 73 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate and label on the USR map the future and existing rights -of -way (along with the documents creating the existing right-of-way) and the physical location of the road. If any right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Section 23-1- 90, the required setback is measured from the future right-of-way line. Be aware that physical roadway may not be centered in the right-of-way. This road is maintained by Weld County. The property is bounded by State Highway 79. Contact the Colorado Department of Transportation (CDOT) to determine what right-of-way shall be shown on the submitted plat. Reference the documents creating the right-of-way. Please contact Tim Bilobran at the Greeley office, phone number: 970-350-2163. Per Chapter 8, Article 13, Section 8-13-30.B, a Weld County Right -of -Way Use Permit is required for any project that will be occupying, constructing, or excavating facilities within, and or encroaching upon, any County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at: https://www.weld.gov/Government/Departments/Public-Works/Permits/Right-of-Way-Permits. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. TRAFFIC There are no available traffic counts for the County roadways in this area. Construction Traffic Generation According to the Traffic Study Letter submitted by the applicant, construction traffic will consist of approximately 300 passenger car daily roundtrips of commuting construction workers, approximately 15 heavy truck daily roundtrips delivering material and equipment, and 15 water truck daily roundtrips for dust control. Construction is estimated to take approximately 24 to 36 months. Post -construction Traffic Generation According to the Traffic Study Letter submitted by the applicant, this will be an unmanned facility having weekly site visits of one employee entering and exiting the site throughout the day on the day of the visit. The number of visits to the facility is not expected to exceed 10 trips per month. The submitted Traffic Study Letter is under review by CDOT and the County. An acceptable Final Study Letter shall be submitted. This Letter shall specify permittable access points and updated haul routes. TRACKING CONTROL Tracking control is required to prevent tracking from the site onto public roadways. For access to gravel roads, tracking control devices must be either double cattle guards with 100 feet of road base, or road base on all driving surfaces. Temporary tracking control shall be used during construction unless permanent tracking control is installed ahead of construction activities. Recycled concrete is not allowed in County right-of-way. Tracking control for unmaintained public right-of-way is required just prior to entering publicly maintained roadways. A variance request for alternatives to the tracking control requirement can be submitted to Development Review for review and consideration. IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT WITH UP -FRONT IMPROVEMENTS Development Review is requesting an Improvements and Road Maintenance Agreement for dust control, damage repairs to specified haul routes, and up -front off -site improvements. Up -front off -site improvements will be determined based on the haul routes associated with the revised site plan An example Improvements and Road Maintenance Agreement is available at: https://www.weld.gov/Government/Departments/Planning-and-Zoning/Improvements-Agreements The agreement will detail the approved haul route(s), outline the required up -front off -site improvements, designate when other off -site improvements may be triggered, and include a maintenance agreement for the haul routes. DRAINAGE REQUIREMENTS This area is within a Non -urbanizing Drainage Area. Non -urbanizing Drainage Areas typically require detention of stormwater runoff from the 1 -hour, 100 -year storm event falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 10 -year storm event falling on the undeveloped site having a 2% impervious value. The applicant has submitted a preliminary drainage report. An acceptable Final Drainage Report stamped and signed by a Colorado Licensed Professional Engineer is required prior to recording the USR map. The drainage report must include a Certificate of Compliance stamped and signed by the P.E. A Certificate of Compliance form and Drainage Review Checklist form can be found at: https://www.weld.gov/Government/Departments/Planning-and-Zoning/Development-Review/Drainage- Review Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist on the property. GRADING PERMIT A Weld County Grading Permit will be required if disturbing more than one (1) acre of land. Grading Permit applications are accepted after the planning process is complete (map recorded). An Early Release Request Form may be entertained only after the applicant, Public Works and Planning Department have 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 Development Review for more information. CONDITIONS OF APPROVAL A. A revised site plan, that does not show development within the unmaintained right-of-way for CR 71 and that shows access points onto maintained roadways, shall be submitted. (Development Review) B. 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) C. 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) D. A Final Traffic Study, stamped and signed by a Professional Engineer registered in the State of Colorado, is required. (Development Review) E. The USR map shall be amended to delineate the following: 1. 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) 2. South of CR 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) 3. 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) 4. 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 from the edge of right-of-way. (Development Review) 5. 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) 6. Show and label the approved tracking control on the USR map. (Development Review) 7. 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) 8. 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) 9. Show and label the drainage flow arrows. (Development Review) 10. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Development Review) Prior to Construction: A. A Right-of-way Use Permit shall be acquired, if applicable. 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) DEVELOPMENT STANDARDS (NOTES ON THE USR MAP) 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 accesses to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Development Review) 3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Development Review) 4. 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) 5. The Property Owner shall comply with all requirements provided in the executed Improvements and Road Maintenance Agreement. (Development Review) 6. 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) 7. 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) 8. 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) 9. Weld County is not responsible for the maintenance of on -site drainage related features. (Development Review) Weld County Department of Public Health and Environment Memorandum To: Diana Aungst From: Lauren Light, Environmental Health Services Date: July 9, 2024 Re: USR24-0013 Applicant: Multiple Landowners, c/o Horus Energy dba Prospect Solar, LLC Environmental Health Services has reviewed this Site -Specific Development Plan and Use by Special Review Permit for a 1041 Major Facility of a Public Agency, including a 199 megawatt AC Solar Energy Facility (SEF) on 1500 acres, a 100 megawatt AC BESS (Battery Energy Storage System), a step-up substation, transformer and maintenance facilities, and a 230kV interconnecting transmission line to connect to a new TriState Switching Station, outside of subdivisions and historic townsites in the A (Agricultural) Zone District - Prospect LLC. 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 and remain on site for operations if necessary. 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. If the facility can not comply with Environmental Health policy, then permanent water and sewer is required. A dust mitigation plan was submitted which indicates dust control chemicals, lower speed limits and vehicle tracking devices will be utilized. An Air Pollutant Emission Notice (APEN) has been submitted to CDPHE. Weed control may consist of mechanical methods such as mowing, application of herbicides and biological such as introduction of insects. The applicant indicated that inverters are about 200 feet from the closest property boundary and a noise level of 43 db(A) would be anticipated at the property boundary. Noise modeling was not included with the application. The facility shall comply with Sec. 14-9-40 of the Weld County Code, non -specified area, which is 55 db(A) from 7 a.m. to 9 p.m. and 50 db(A) from 9 p.m. to 7 a.m. If a noise complaint is received it will be measured at or within the boundary of the property from which the noise complaint is made. 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6410 weldhealth.org Public Health Weld County Department of Public Health and Environment According to the application "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." Environmental Health Services recommends the following requirements are incorporated into the permit as development standards: 1. 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. 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. 3. 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 of the facility. 5. 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. 6. 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. 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6410 weldhealth.org Public Health Weld County Department of Public Health and Environment 7. 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. 8. 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. 9. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6410 weldhealth.org Public Health Weld County Referral Y June 11, 2024 Submit by Email The Weld County Department of Planning Services has received the following item for review: Applicant: Multiple Landowners, c/o Horus Energy, Case Number: USR24-0013 dba Prospect Solar, LLC Please Reply By: July 9, 2024 Planner: Diana Aungst Project: A Site Specific Development Plan and Use by Special Review Permit for a 1041 Major Facility of a Public Agency, USR24-0013, including a 199 megawatt AC Solar Energy Facility (SEF) on 1500 acres, a 100 megawatt AC BESS (Battery Energy Storage System), a step-up substation, transformer and maintenance facilities, and a 230kV interconnecting transmission line to connect to a new Tri- State Switching Station, outside of subdivisions and historic townsites in the A (Agricultural) Zone District - Prospect LLC Parcel Number: Multiple Parcels Legal: The Solar Facility encumbers the W1/2 and the NE1/4 of Section 30, T1 N, R62W; the S1/2 of Section 25; the SE1/4 of Section 26; All of Section 35; and the NE1/4 of Section 34, all located in Ti N, R63W of the 6th P.M., Weld County, Colorado. Location: Generally located between CR 67 and CR 75 and between CR 2 and CR 6. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. P F- P We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Jordan Cook ," �` Date 6/17/2024 Agency Code Compliance Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 MEMORANDUM TO: Diana Aungst DATE: July 1, 2024 FROM: Melissa J King, PE, CFM, Development Review SUBJECT: USR24-0013 1041 Solar Energy Facility on Erker Property PROJECT: A Site Specific Development Plan and Use by Special Review Permit for a 1041 Major Facility of a Public Agency, USR24-0013, including a 199 megawatt AC Solar Energy Facility (SEF) on 1500 acres, a 100 megawatt AC BESS (Battery Energy Storage System), a step-up substation, transformer and maintenance facilities, and a 230kV interconnecting transmission line to connect to a new Tri-State Switching Station, outside of subdivisions and historic townsites in the A (Agricultural) Zone District - Prospect LLC. PARCELS: 147930100014, 147725000007, 147725000008, 147726000003, 147734000020 Lot B Corrected RE -1445, 147735000005, 147930000001. FLOODPLAIN: Development associated with this 1041 Solar Facility is to be located on and/or in the unmapped/unstudied 100 -year floodplain of Sand Creek, Lost Creek, and associated unnamed tributatires. It is noted that the 100 -year floodplain (Zone A) study areas do not extend beyond just south of CR 14 as depicted on FEMA Firm Panels 08123C -2185E and 08123C - 2205E, revised January 20. 2016. 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 crtitical 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. CONDITION OF APPROVAL: New construction of a critical facility and associated infrastructure in the 100 -year floodplain require a Flood Hazard Development Permit. (Development Review - Floodplain) DELINEATE ON THE SITE PLAN: 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) DEVELOPMENT STANDARDS: 1. 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) 2. 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) Weld County Referral Y June 11, 2024 Submit by Email The Weld County Department of Planning Services has received the following item for review: Applicant: Multiple Landowners, c/o Horus Energy, Case Number: USR24-0013 dba Prospect Solar, LLC Please Reply By: July 9, 2024 Planner: Diana Aungst Project: A Site Specific Development Plan and Use by Special Review Permit for a 1041 Major Facility of a Public Agency, USR24-0013, including a 199 megawatt AC Solar Energy Facility (SEF) on 1500 acres, a 100 megawatt AC BESS (Battery Energy Storage System), a step-up substation, transformer and maintenance facilities, and a 230kV interconnecting transmission line to connect to a new Tri- State Switching Station, outside of subdivisions and historic townsites in the A (Agricultural) Zone District - Prospect LLC Parcel Number: Multiple Parcels Legal: The Solar Facility encumbers the W1/2 and the NE1/4 of Section 30, T1 N, R62W; the S1/2 of Section 25; the SE1/4 of Section 26; All of Section 35; and the NE1/4 of Section 34, all located in Ti N, R63W of the 6th P.M., Weld County, Colorado. Location: Generally located between CR 67 and CR 75 and between CR 2 and CR 6. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. P P F - We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Rebecca Sears Agency Weld County Oil & Gas Energy Department Date 6/18/2024 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: USR24-0013 Associated Parcel: Multiple Parcels OGED Reviewer: Rebecca Sears Review Date: 6/18/2024 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, none directly on the associated parcel. 2. 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 COGCC map viewer and utilize Colorado 811 prior to any excavation activities. This determination is based upon the review of the application materials submitted by the applicant and other relevant information available on the E -Permit site. Diana Aungst From: Sent: To: Cc: Subject: Follow Up Flag: Flag Status: Roy Rudisill Monday, September 9, 2024 11:08 AM Diana Aungst David Burns; Roy Rudisill RE: Referral Agency Email USR24-0012 and USR 24-0013 Follow up Flagged Hi Dianna, I have a call into Fire Chief Beach with SE Weld Fire to get some information from him. Until I hear from Chief Beach, I have the following recommendations. The facility will require to have an Emergency Response Plan (ERP), I did see a draft plan and we can work with this template. The main concern I have is with the BESS Units on site. I would like to make sure the Fire department is provided the proper training to deal with a hazmat emergency call for these types of units. I will work with the Fire Department and the Facility operator on the ERP, and we need this ERP completed prior to construction due to the risks associated with the placement of the BESS units. I will let you know as soon as I hear back from Chief Beach, on needed training and coordination. Let me know if you have any questions. Roy Radish', Director Office of Emergency Management 1150 O St. Greeley, Co 970-381-0417 Mobile 970-304-6540 Office rrudisillPweldgov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Diana Aungst <daungst@weld.gov> Sent: Monday, September 9, 2024 10:05 AM To: Roy Rudisill <rrudisill@weld.gov> Subject: FW: Referral Agency Email Hi Roy: Please provide comments on these two USRs — USR24-0012 and USR24-0013. The total is about 2,200 acres of solar with two substations and switching yards along with Battery storage (BESS). 1 Thanks, Diana Aungst AICP, CFM Principal Planner Weld County Department of Planning Services 1402 N 17th Ave, Greeley, CO 80631 D: 970-400-3524 I O: 970-400-6100 daungst@weld.gov I www.weld.gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: noreply@weld.gov <noreply@weld.gov> Sent: Tuesday, June 11, 2024 1:37 PM To: Diana Aungst <daungst@weld.gov> Subject: Referral Agency Email 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. The Weld County Planning Department has received a Planning Use By Special Review application, case # USR24-0013 and USR24-0012, in which your agency may have an interest. Planning staff requests you review the application materials, and return the Referral Form to Diana Aungst by the date specified on the Referral Form attached in the online permitting center. To view application materials, visit https://aca-prod.accela.com/WELD/Default.aspx or navigate to weldgov.com > departments > planning and zoning > online e -permitting. Then, * Click on "Planning" tab on the menu bar * Under General Search, type case# USR24-0013 or USR24-0012, into the Record Number box and search * Click on the "Record Info" arrow drop -down menu * Click on "Attachments" to review the application materials If you have any questions, please contact your assigned planner: Diana Aungst at 970-400-6100 Thank you, Diana Aungst 1402 North 17th Ave Greeley, CO 80631 970-400-6100 daungst@weld.gov 2 Diana Aungst From: Roy Rudisill Sent: Monday, September 9, 2024 4:26 PM To: Diana Aungst Cc: David Burns Subject: RE: Referral Agency Email Hi Dianna, I was able to connect with Chief Beach and as a part of the referral from OEM the company needs to provide adequate training for first responders on the BESS units on site. We also request a completed and up to date Emergency Plan. Roy Rudisill, Director Office of Emergency Management 1150 O St. Greeley, Co 970-381-0417 Mobile 970-304-6540 Office rrudisillOweldgov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Diana Aungst <daungst@weld.gov> Sent: Monday, September 9, 2024 10:05 AM To: Roy Rudisill <rrudisill@weld.gov> Subject: FW: Referral Agency Email Hi Roy: Please provide comments on these two USRs — USR24-0012 and USR24-0013. The total is about 2,200 acres of solar with two substations and switching yards along with Battery storage (BESS). Thanks, Diana Aungst AICP, CFM Principal Planner Weld County Department of Planning Services 1402 N 17th Ave, Greeley, CO 80631 D: 970-400-3524 I O: 970-400-6100 daungst@weld.gov I www.weld.gov 1 Weld County Referral Y June 11, 2024 Submit by Email The Weld County Department of Planning Services has received the following item for review: Applicant: Multiple Landowners, c/o Horus Energy, Case Number: USR24-0013 dba Prospect Solar, LLC Please Reply By: July 9, 2024 Planner: Diana Aungst Project: A Site Specific Development Plan and Use by Special Review Permit for a 1041 Major Facility of a Public Agency, USR24-0013, including a 199 megawatt AC Solar Energy Facility (SEF) on 1500 acres, a 100 megawatt AC BESS (Battery Energy Storage System), a step-up substation, transformer and maintenance facilities, and a 230kV interconnecting transmission line to connect to a new Tri- State Switching Station, outside of subdivisions and historic townsites in the A (Agricultural) Zone District - Prospect LLC Parcel Number: Multiple Parcels Legal: The Solar Facility encumbers the W1/2 and the NE1/4 of Section 30, T1 N, R62W; the S1/2 of Section 25; the SE1/4 of Section 26; All of Section 35; and the NE1/4 of Section 34, all located in Ti N, R63W of the 6th P.M., Weld County, Colorado. Location: Generally located between CR 67 and CR 75 and between CR 2 and CR 6. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. P F- P We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature T. Beach Date 6/11/2024 Agency Southeast Weld Fire District Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 Diana Aungst From: Tom Beach <tbeach@seweldfire.org> Sent: Tuesday, June 11, 2024 2:38 PM To: Diana Aungst Subject: USR24-0013 Attachments: Referral Form.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. Diane, They will be required to go through our process of plan review/fees and inspections prior and during construction. Regards, Tom Tom Beach, Fire Chief Southeast Weld Fire District 95 W. Broadway Avenue Keenesburg, Colorado 80643 (303) 732-4203 Office (970) 939-0347 Cell https://urldefense.com/v3/__http://www.seweldfire.org__;!! KFsi0bvCuh0!5lvRzV92YoSkKCj_ogy_KTQrpJD_Yv tRgNTI OjgOzYiu2SvadgJZfFZU-6u_MgQoZSbW I i3oenAm9jFKN iE$ This electronic communication (including attachments) is intended solely for the person or the persons to whom it is addressed and may contain confidential information. If you receive this communication in error, you are prohibited from disseminating or copying this communication (including attachments), please notify the sender that you received this email in error and delete this communication from your system. 1 Francesco Cardi From: Sent To: Subject: Francesco Cardi 12 March 2024 13:07 Francesco Cardi FW: Meeting_Minutes_Fire Department_July 6th 2023 Meeting_Minutes_Fire Department_July 6th 2023 Attendees • Tom Beach, Fire Chief at Southeast Weld Fire Protection District • Francesco Paolo Cardi, Horus Project Manager • Lane Sharman, Senior Advisor Meeting Notes • Horus Question: we have been asked from neighbouring landowners if the living fence of juniper trees may constitute a fire hazard. Can you please let us know your view and feedback on this? - Fire Dept Response: Juniper trees don't pose a fire hazard if alive. • Horus Question: What are your major concerns that we should integrate into the planning and development process for the projects? Fire Dept Response: We are not familiar with utility -scale solar projects, so I will need to enquire with other fire districts (ie near Fort Lupton) to understand better their experience and potential concerns with utility -scale solar projects to answer this question. Based on experience, weeds and mitigation is a big concern for us. • Horus Question: There is a water well onsite, and therefore we are planning on utilising it by having a water tank to be used for panel cleaning but also to be used by the Fire Department in case of emergencies. What are your thoughts? Fire Dept Response: A water tank on the projects site which can be used by the Fire District in the area would be very helpful. Horus 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. Also the Fire Department shall be allowed to enter at any time using a knox box key to open the gates (ie with a code and without the need of having material keys). Also the project layout must respect the Fire code spacing regulations to allow enough space for fire trucks to turn. • Horus Question: What are next steps? - Fire Dept Response: please send me a dwg and pdf layout of the projects and the Dust & Weed mitigation plan, so that we can review and provide comments. • Horus sent the requested information on July 14th 2023 and October 11th 2023 and no response was received to date. 1 Southeast Weld Conservation District P.O. Box 381, Keenesburg, CO 80643 970-427-3358 ° sewcdco@gmail.com Weld County Planning Department 1402 North 17th Avenue Greeley, CO 80631 August 13th, 2024 To Whom in May Concern: The Southeast Weld Conservation District previously sent in a letter regarding the Prospect Solar, LLC Use by Special Review Application. The District would like to make the recommendation that the applicant conserve natural resources to the best of their ability through the implementation of a revegetation and soil conservation plan, which may include but not be limited to the following practices: pre -planting grass seed, installing hedgerows or windbreaks, and practicing soil conservation measures. Please let us know if you have any questions or concerns. Sincerely. Madeline Hagan District Manager RECEIVED AUG 142024 Weld County Planning Department Submit by Email Weld County Referral June 11, 2024 The Weld County Department of Planning Services has received the following item for review: Applicant: Multiple Landowners, c/o Horus Energy, Case Number: USR24-0013 dba Prospect Solar, LLC Please Reply By: July 9, 2024 Planner: Diana Aungst Project: A Site Specific Development Plan and Use by Special Review Permit for a 1041 Major Facility of a Public Agency, USR24-0013, including a 199 megawatt AC Solar Energy Facility (SEE) on 1500 acres, a 100 megawatt AC BESS (Battery Energy Storage System), a step-up substation, transformer and maintenance facilities, and a 230kV interconnecting transmission line to connect to a new Tri- State Switching Station, outside of subdivisions and historic townsites in the A (Agricultural) Zone District - Prospect LLC Parcel Number: Multiple Parcels Legal: The Solar Facility encumbers the W1/2 and the NE1/4 of Section 30, T1 N, R62W; the S1/2 of Section 25; the SE1/4 of Section 26; All of Section 35; and the NE1/4 of Section 34, all located in Ti N, R63W of the 6th P.M., Weld County, Colorado. Location: Generally located between CR 67 and CR 75 and between CR 2 and CR 6. 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. We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests See attached letter. 4 J Signature Agency Southeast Weld Conservation District Date 08/13/2024 Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 Diana Aungst From: Rogers, Tracy (CONTR) <Rogers@WAPA.GOV> Sent: Thursday, June 13, 2024 1:02 PM To: Diana Aungst Subject: Referral Agency Email - Case# USR24-0013 Importance: High 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. Hello Diana, We are going to need the applicant to contact us before any solid plans are made. We have easements on (4) of the parcels contained in this project and will need to put a License Agreement in place. I will make sure to contact you once they have contacted and started the process, I will contact you with our concurrence. I truly appreciate your help on this!! Have a great day! &want, Tracy Rogers I Lands Realty Technician Wyandotte Services on contract to Western Area Power Administration I Rocky Mountain Region I Loveland, CO (0) 970.461.7654 I (M) 970-237-9873 I rogers[at]wapa.gov iren) From: noreply@weld.gov <noreply@weld.gov> Sent: Tuesday, June 11, 2024 1:37 PM To: Rogers, Tracy (CONTR) <Rogers@WAPA.GOV> Subject: [EXTERNAL] Referral Agency Email EXTERNAL E-MAIL: Before you click a link or open an attachment... STOP and THINK. Forward any suspicious e-mail to spam@wapa.gov, or call WITCC at (720) 962-7111. The Weld County Planning Department has received a Planning Use By Special Review application, case # USR24-0013, in which your agency may have an interest. Planning staff requests you review the application materials, and return the Referral Form to Diana Aungst by the date specified on the Referral Form attached in the online permitting center. To view application materials, visit https://aca-prod.accela.com/WELD/Default.aspx or navigate to weldgov.com > departments > planning and zoning > online e -permitting. Then, 1 * Click on "Planning" tab on the menu bar * Under General Search, type case# USR24-0013, into the Record Number box and search * Click on the "Record Info" arrow drop -down menu * Click on "Attachments" to review the application materials If you have any questions, please contact your assigned planner: Diana Aungst at 970-400-6100 Thank you, Diana Aungst 1402 North 17th Ave Greeley, CO 80631 970-400-6100 daungst@weld.gov iabamrw'Cummrt lt Diana Aungst From: United Power Plat Referral <platreferral@UnitedPower.com> Sent: Friday, June 14, 2024 3:26 PM To: Diana Aungst Subject: FW: Referral Agency Email 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 afternoon, Thank you for inviting United Power, Inc. to review and comment on Case# USR24-0013. Unfortunately, this is outside our service territory, and we are unable to comment. Sincerely, Zayda Vargas Right of Way Administrative Assistant Office: 303-637-1389 I zvargas@unitedpower.com Working Hours: Monday -Friday 8:00-4:30 United Power I www.unitedpower.com 500 Cooperative Way Brighton, CO 80603 From: noreply@weld.gov <noreply@weld.gov> Sent: Tuesday, June 11, 2024 1:37 PM To: United Power Plat Referral <platreferral@UnitedPower.com> Subject: Referral Agency Email CAUTION: This email originated from outside of United Power. Do not click links or open attachments unless you recognize the sender and know the content is safe. The Weld County Planning Department has received a Planning Use By Special Review application, case # USR24-0013, in which your agency may have an interest. Planning staff requests you review the application materials, and return the Referral Form to Diana Aungst by the date specified on the Referral Form attached in the online permitting center. To view application materials, visit https://aca-prod.accela.com/WELD/Default.aspx or navigate to weldgov.com > departments > planning and zoning > online e -permitting. Then, * Click on "Planning" tab on the menu bar * Under General Search, type case# USR24-0013, into the Record Number box and search * Click on the "Record Info" arrow drop -down menu * Click on "Attachments" to review the application materials If you have any questions, please contact your assigned planner: Diana Aungst at 970-400-6100 1 Thank you, Diana Aungst 1402 North 17th Ave Greeley, CO 80631 970-400-6100 daungst@weld.gov Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you received this message in error, please contact the sender and delete the message. Any disclosure, copying, review reproduction, or distribution in relation to any of the contents of this information is strictly prohibited. 2 XcelEnergysM PUBLIC SERVICE COMPANY June 12, 2024 1402 North 17th Ave Greeley, CO 80631 Attn: Diana Aungst Right of Way & Permits 1123 West 3rd Avenue Denver, Colorado 80223 Telephone: 303.285.6612 violeta.ciocanu@xcelenergy.com Re: 1041 Major Facility of a Public Agency, Case # USR24-0013 Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk has reviewed the plan for The Solar Facility and currently has no apparent conflict. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center by dialing 811 for utility locates prior to any construction. Violets Ciocanu (Chokanu) Right of Way and Permits Public Service Company of Colorado dba Xcel Energy Office: 303-285-6612 — Email: violeta.ciocanu@xcelenergy.com Diana Aungst From: Gray, Steve <steve.gray@tristategt.org> Sent: Monday, June 24, 2024 8:24 AM To: Chris Gathman <cgathman@weld.gov>; Diana Aungst <daungst@weld.gov> Cc: Koler, Selina <selina.koler@tristategt.org> Subject: USR2024-0012 and USR2024-0013 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. Diana and Chris, Thank you for your referral to Tri-State on these projects. Here are our comments, which apply to both USR2024-0012 and USR2024-0013: • The Tri-State switching station will need to be larger than 2 acres. We typically require 10 to 15 acres for a switching station. • Tri-State has concerns with the proposed Project schedule. Operation of the facility is proposed for Summer of 2026, but execution of a LGIA, procurement of switches and other materials, and 1041 permitting for a switching station will not be feasible by 2026. • Item 19 of the Questionnaire addendum states that Tri-State will permit, operate, and build a short 0.1 -mile long overhead 230kV gen-tie line. Tri-State will not build the developer's gen-tie line. We would build the lines to connect our switching station to our existing line, but the line to connect the generation facility to the last span outside our switching station would be permitted and built by the developer. Please let me know if you have any questions. Thanks, Steve H. Steven Gray Senior Manager, Land Rights and Permitting Tri-State Generation and Transmission Association, Inc. 1100 W. 116th Ave. Westminster, CO 80234 303-254-3649 (direct) 303-579-3362 (cell) spray a©tristategt.org Diana Aungst From: Young - CDOT, Allyson <allyson.young@state.co.us> Sent: Thursday, July 18, 2024 8:19 AM To: Melissa King Cc: Rose Valdes - CDOT; timothy.bilobran@state.co.us; Robert (Mike) Shepherd - CDOT; Chris Gathman; Diana Aungst Subject: Re: USR24-0012, USR24-0013 1041 Solar Facilities 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. Hi Melissa, Please let the applicant know that CDOT only considers the temporary scenario to be for up to a year. The applicant will need to revise the study to include warranted improvements per the SHAC as stated previously based on their peak construction traffic and existing background traffic counts during those three years. The original comments remain applicable. Thanks, Ally On Tue, Jul 16, 2024 at 11:50 AM Melissa King <mking@weld.gov>wrote: Hey Ally Welcome back — let me forward these on with my comments — also construction is at least 3 years. thanks Melissa Melissa J King, PE, CFM Development Review Engineer Weld County Planning Services 1402 N 17th Avenue Greeley, CO 80632 970-400-3762 1 From: Young - CDOT, Allyson <allyson.young@state.co.us> Sent: Tuesday, July 16, 2024 8:49 AM To: Melissa King <mking@weld.gov>; Rose Valdes - CDOT <rose.valdes@state.co.us> Cc: timothy.bilobran@state.co.us; Robert (Mike) Shepherd - CDOT <mike.shepherd@state.co.us>; Chris Gathman <cgathman@weld.gov>; Diana Aungst <daungst@weld.gov> Subject: Re: USR24-0012, USR24-0013 1041 Solar Facilities 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. Hi Melissa, CDOT's comments on the Prospect and Janus Solar Facility TIS are as follows: 1) The study mentions construction traffic is anticipated to be in the year 2024. How long is the construction phase intended to last? More than a year? 2) The study needs to identify which access points along CO 79 warrant the need for a new access permit both temporarily and for the long term per the State Highway Access Code. This includes the site direct access and each WCR intersection intended to be used by the solar facility. If any access point is intended to be improved either temporarily or for the long term and if traffic is increasing by 20% or more either temporarily or for the long term, a new access permit is required for that access/intersection along the highway. 3) The study should also reference whether or not any auxiliary lane improvements are warranted per the State Highway Access Code in the long term. This analysis should be based on the site generated and background traffic counts in the area. If no warrants are met per the SHAC, then the study needs to say so. 4) A CDOT Access Permit is definitely required for the direct access point from CO 79 to the site. The applicant will need to apply and be sure the property owner is signing the application and that proof of ownership (i.e. copy of the deed) is included. Thanks, Ally On Mon, Jul 15, 2024 at 11:01 AM Melissa King <mking@weld.gov>wrote: Thank you for looking over this — let me know what other information you need. I have asked for a revised site plan that shows the permittable access points and the specific haul routes. 2 Melissa Melissa J King, PE, CFM Development Review Engineer Weld County Planning Services 1402 N 17th Avenue Greeley, CO 80632 970-400-3762 Thank you, Allyson Young Region 4 Access Manager - Traffic P 970 381 8995 10601 West 10th Street, Greeley, CO 80634 allyson.younq@state.co.us I http://codot.gov/ I www.cotrip.orq 3 Thank you, Allyson Young Region 4 Access Manager - Traffic 49 COLORADO Department of Transportation P 970 381 8995 10601 West 10th Street, Greeley, CO 80634 allyson.younq@state.co.us I http://codot.gov/ I www.cotrip.orq 4 COLORADO Parks and Wildlife Department of Natural Resources Northeast Region 6060 Broadway Denver, CO 80216 P 303.291.7227 June 18, 2024 Weld County Planning Department Attention: Diana Aungst 1402 North 17th Ave Greeley, CO 80631 970-400-6100 daungst@weld.gov Re: CPW referral letter for Case # USR24-0013- Prospect Solar, LLC Dear Diana Aungst, Thank you for the opportunity for Colorado Parks and Wildlife (CPW) to submit format comments on the proposed Prospect Solar 199 megawatt (MW) photovoltaic solar garden, located on 1500 acres of private land. The Prospect Solar garden will be located east of Hwy 79 and between Weld County Road 4 and 6 on either side of CR 73 (TIN, R62W Sec. 30 a T1 N, R63W Sections 25, 26, 34 and 35), on existing agricultural lands. They are located approximately 13 miles SE of the town of Hudson. Colorado Parks and Wildlife has previously commented on this project on May 17, 2023, and sent the letter directly to the consultant West, Inc. The mission of CPW is to perpetuate the wildlife resources of the state, to provide a quality state parks system, and to provide enjoyable and sustainable outdoor recreation opportunities that educate and inspire current and future generations to serve as active stewards of Colorado's natural resources. CPW has a statutory responsibility to manage all wildlife species in Colorado and promote various recreational opportunities throughout Colorado. One way we achieve this goal is by responding to referral comment requests. CPW appreciates the early consultation from Horus Capital, West Inc. and Weld County because it can lead to a responsibly developed project that works toward achieving state solar goats while protecting sensitive wildlife species, habitats, and time frames. We Jeff Davis, Director, Colorado Parks and Wildlife Parks and Wildlife Commission: Dallas May, Chair • Richard Reading, Vice -Chair • Karen Bailey, Secretary • Jessica Beaulieu Marie Haskett • Jack Murphy • Gabriel Otero • Duke Phillips, IV • James Jay Tutchton • Eden Vardy recognize renewable energy development is important to meeting the State's greenhouse gas reduction goats and improving our climate resiliency. CPW appreciates that the developer included our previous recommendations in their proposed project and that the project was planned outside of High Priority Habitat. The recommendations that were included in the Environmental Conservation Measures document that CPW approves included: • Nest surveys for raptors and other migratory birds, as well as wildlife surveys for Swift fox dens. Appropriate buffers and timing stipulations will be followed. • The solar facility will be checked weekly, either remotely or in person (or escape structures are installed inside the fenced area), to allow animals to escape if they become trapped within the facility. They will report mortalities, trapped or injured wildlife, or other reportable incidents to the local District Wildlife Manager (Erin Priest 970-939-1214). They plan to document and report these findings to CPW annually for three years. • Minimize fencing to the maximum extent practicable, and use wildlife -friendly fencing. • Design of the project to discourage the use of perching or nesting substrates by birds including on structures like transmission lines, substation and switchyard components and in compliance with the standards described in Avian Powerline Interaction Committee (APLIC) documents: APLIC 2006 and APLIC 2012. • A weed mitigation plan, erosion control and plans to restore disturbed habitats and hasten the recovery of natural habitats. • Educate/instruct all employees, contractors, and site visitors to avoid harassment and disturbance of wildlife, especially during reproductive (e.g., courtship and nesting) seasons. • Deep structure foundation holes and trenches will not be left open overnight and will be covered. • Inclusion of a minimum 250 ft wide north -south wildlife movement corridor along Sand Creek. If you have any additional questions regarding wildlife concerns for this property, please contact Erin Priest, District Wildlife Manager at erin.priest@state.co.us, or by phone at (970) 939-1214. Respectfully, Mark Leslie, Northeast Regional Manager 2 Cc: Erin Priest, District Wildlife Manager - erin.priest@state.co.us Lexi Hamous, NE Land Use Coordinator - lexi.hamous-milier®state.co.us Chris Mettenbrink, Assistant Area 2 Wildlife Manager - chris.mettenbrink@state.co.us Jason Duetsch, Area 2 Wildlife Manager - jason.duetsch@state.co.us 3 COLORADO Parks and Wildlife le May 17, 2023 Department of Natural Resources Northeast Regional Office 6060 Broadway Denver, CO 80216 P 303.291.7227 Ms. Tracy Brunner Project Manager - Environmental Planner WEST, Inc. tbrunner@west-inc.com RE: CPW's Comments on the Proposed Prospect Solar Project, unincorporated Weld County (portions of T1 N, R62W, Section 30; and T1 N, R63W, Sections 25-26, 34-35). Dear Ms. Brunner, Thank you for the opportunity for Colorado Parks and Wildlife (CPW) to comment on Horus Capital's proposed Prospect Solar Project (Solar Project). This proposed photovoltaic Solar Project is located approximately 12 miles northeast of Denver International Airport, and about 12 miles southeast of the Town of Hudson. It is our understanding that this Solar Project would be at most 2,098 acres to produce upwards of 260 megawatts of alternating current (MWac), and is currently slated to begin construction in 1Q 2025 with a Commercial Operation Date (COD) by 3Q 2026. CPW also understands that there will be a new collector substation, a switchyard, and approximately 1,000 feet of new above -ground transmission lines to tie to the adjacent existing infrastructure. CPW appreciates that Horus Capital and Western EcoSystems Technologies (WEST) have initiated early consultation with CPW because it can lead to a responsibly -developed project that works toward achieving state solar goals1 while protecting sensitive wildlife species, habitats, and time frames. We recognize renewable energy development is important to meeting the State's greenhouse gas reduction goals and improving our climate resiliency. The mission of CPW is to perpetuate the wildlife resources of the state, to provide a quality state parks system, and to provide enjoyable and sustainable outdoor recreation opportunities that educate and inspire current and future generations to serve as active stewards of Colorado's natural resources. CPW has a statutory responsibility to manage all wildlife species in Colorado; as such, we encourage protection for Colorado's wildlife species and habitats through responsible energy development and land use planning. One way we achieve this goal is by responding to referral comment requests, as is the case for this project. CPW encourages developers to afford the highest level of protection to Colorado's High Priority Habitats (HPHs)2. 1 https://energyoffice.colorado.gov/climate-energy/ghg-pollution-reduction-roadmap 2 https://cpw.state.co.us/Documents/Conservation-Resources/Energy-Mining/CPW HPH-Map-Layers.pdf Jeff Davis, Director, Colorado Parks and Wildlife Parks and Wildlife Commission: Carrie Besnette Hauser, Chair • Dallas May, Vice -Chair • Marie Haskett, Secretary • Taishya Adams Karen Bailey • Betsy Blecha • Gabriel Otero • Duke Phillips, IV • Richard Reading • James Jay Tutchton • Eden Vardy Horus Capital's Prospect Solar Project — CPW Comments (5/17/23) Page 2 of 4 HPHs are defined as sensitive wildlife habitats where CPW has sound spatial data3 and scientifically -backed best management practice recommendations to help developers with the siting process to minimize any impacts. RECOMMENDATIONS FOR THIS PROJECT CPW appreciates that this Solar Project is sited entirely outside of mapped HPHs, though this Project is bisected by the north -flowing Sand Creek and West Sand Creek. Therefore, CPW encourages the following recommendations for this Solar Project to avoid and minimize their impact on this and other likely occurring wildlife species: • Big Game Movement Corridors O Although this Solar Project is outside of any mapped HPHs and the two creeks have a very minimal riparian corridor, the biggest impact from this Solar Project will be the loss of open space and the fragmentation of existing and accessible big game habitats. Therefore, CPW appreciates our recent conversations that focused on incorporating at least one north -south movement corridor along the creeks in the final site plans by using creative siting solutions without compromising MWs. Note, 250 feet should be considered the bare minimum width, and the longer the proposed corridor, the wider the corridor should be. ■ Furthermore, corridor entrances should not be 90 -degree angles, but more of an inviting funnel, as shown below in the right image. • Pre -construction Nesting Surveys O Please complete pre -construction nesting bird surveys in the disturbance areas (panels, layout yards, access roads, transmission lines, etc.) for the following species and send us the results prior to construction: ■ Burrowing Owls' (if prairie dog towns are present) between March 15 to August 31. ■ Tree and ground -nesting raptors5 - if construction begins between December 1 to July 15 (depending on the species observed). ■ Migratory songbirds - if construction begins between April 1 to August 31. 3 https://www.arcgis.com/home/item .html?id=190573c5aba643a0bc053e6f7f0510b7 4 https://cpw.state.co.us/Documents/WildlifeSpecies/LivingWithWildlife/Recommended-Survey-Protocol-Burrowing-Owls.pdf 5 https://cpw.state.co.us/Documents/WildlifeSpecies/LivingWithWildlife/Raptor-Buffer-Guidelines.pdf Horus Capital's Prospect Solar Project — CPW Comments (5/17/23) Page 3 of 4 • Fencing O Minimize fencing to the maximum extent practicable, and use wildlife -friendly fencing6 as much as possible. O For specific wildlife exclusion fencing specifications around the Solar Project, 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. O Also, CPW recommends that other non -security fencing in the immediate vicinity is removed to the extent practicable and with landowner consent. O 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. • General habitat recommendations O Avoid development near mapped streams and wetlands. O Develop a noxious weed management plan prior to construction and regularly implement it so noxious weeds do not spread to adjacent habitats. O Please use CPW's restoration seed mix for mule deer HPH (with landowner permission) (we can email it to you separately if desired). O CPW requests that security lighting is kept to a minimum, and ideally, motion sensor lights are installed. CPW appreciates the opportunity to review this project and provide comments and recommendations to avoid and minimize impacts on wildlife resources. If the timing or scope of this project changes and/or if you have any questions, please contact Brandon Marette (Northeast Region Energy Liaison) at 303-291-7327 or brandon.marette@state.co.us. Sincerely, #74744-vh Vaeakse Mark Leslie Northeast Regional Manager cc: Horus Capital O Gerald Juliani O Margaret McKenna 6 https://cpw.state.co.us/Documents/LandWater/PrivateLandPrograms/FencingWithWildlifelnMind.pdf Horus Capital's Prospect Solar Project — CPW Comments (5/17/23) Page 4 of 4 CPW O Chris Mettenbrink (District Wildlife Manager - Fort Lupton) O Angelique Curtis (Terrestrial Biologist - Weld County) O Jason Duetsch (Area 2 Wildlife Manager - Loveland) O Lance Carpenter (NE Region Senior Terrestrial Biologist) O Brandon Marette (NE Region Energy Liaison) O Shannon Schaller (NE Region Deputy Regional Manager) O Lauren Berry (NE Region Program Assistant) Diana Aungst From: Comaniciu - DNR, loana <ioana.comaniciu@state.co.us> Sent: Wednesday, July 3, 2024 6:54 PM To: Diana Aungst Subject: Fwd: Referral Agency Email 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. Dear Diana Aungst We have reviewed the June 11, 2024 above -referenced proposal for a Site Specific Development Plan and Use by Special Review Permit for a 1041 Major Facility of a Public Agency, USR24-0013, including a 199 megawatt AC Solar Energy Facility on 1500 acres, a 100 megawatt AC Battery Energy Storage System, a step-up substation, transformer and maintenance facilities, and a 230kV interconnecting transmission line to connect to a new TriState Switching Station. This referral does not appear to qualify as a "subdivision" as defined in section 30-28-101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office will only perform a cursory review of the referral information and provide informal comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. Estimates on the water demands for this project were not provided. 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 2 single family dwellings, and the watering of 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. The submittal indicates that stormwater detention structure(s) may be constructed as a part of this project. The Applicant should be aware that unless the structure can meet the requirements of a "storm water detention and infiltration facility" as defined in Designated Basin Rule 5.11, the structure may be subject to administration by this office. The Applicant should review Rule 5.11 to determine whether the structure meets the requirements of the Rule and ensure any notification requirement is met. Please contact me at this office if you have any questions. Sincerely, loana Comaniciu, P.E. Water Resources Engineer S. Iltni OMR COLORADO Division of Water Resources Department of Natvral jvet cjrc P 303-866-3581 x 8246 1313 Sherman St., Suite 818, Denver, Co 80203 ioana.comaniciu@state.co.us I www.colorado.gov/water 1 Forwarded message From: noreply@weld.gov <noreply@weld.gov> Date: Tue, Jun 11, 2024 at 1:37 PM Subject: Referral Agency Email To: <kathleen.fuller@state.co.us>, <ioana.comaniciu@state.co.us> The Weld County Planning Department has received a Planning Use By Special Review application, case # USR24-0013, in which your agency may have an interest. Planning staff requests you review the application materials, and return the Referral Form to Diana Aungst by the date specified on the Referral Form attached in the online permitting center. To view application materials, visit https://aca-prod.accela.com/WELD/Default.aspx or navigate to weldgov.com > departments > planning and zoning > online e -permitting. Then, * Click on "Planning" tab on the menu bar * Under General Search, type case# USR24-0013, into the Record Number box and search * Click on the "Record Info" arrow drop -down menu * Click on "Attachments" to review the application materials If you have any questions, please contact your assigned planner: Diana Aungst at 970-400-6100 Thank you, Diana Aungst 1402 North 17th Ave Greeley, CO 80631 970-400-6100 daungst@weld.gov 2 Gerald Juliani From: Sent: To: Cc: Subject: Tracy Brunner <tbrunner@west-inc.com> Friday, February 3, 2023 11:45 AM ColoradoES, FW6 Margaret McKenna; Gerald Juliani Re: [EXTERNAL] Re: Prospect Solar Project Introduction Letter Hi Kyle - Thank you very much for your response. Have a great day. -Tracy Tracy Brunner Project Manager - Senior Ecologist (she/her/hers) Western EcoSystems Technology, Inc. Environmental & Statistical Consultants Concord, NH / Camp Hill, PA 612-599-6976 tbrunner@west-inc.com www.west-inc.com - Follow WEST: Facebook, Twitter, Linked In, Join our Mailing list CONFIDENTIALITY NOTICE: This message and any accompanying communications are covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, and contain information that is privileged, confidential or otherwise protected from disclosure. If you are not the intended recipient or an agent responsible for delivering the communication to the intended recipient, you are hereby notified that you have received this communication in error. Dissemination, distribution or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this communication in error, please notify us immediately by e-mail and delete the original message. Thank you. `' ; Please consider the environment before printing. On Fri, Feb 3, 2023 at 11:16 AM ColoradoES, FW6 <ColoradoES@fws.gov>wrote: Hello Tracy, Thank you for contacting the U.S. Fish and Wildlife Service. The Service has reviewed your Prospect 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. 1 Project Number: 2023-0017885 Please let me know if you have any further questions. Respectfully, Kyle LeMaire (he/him) Fish and Wildlife Biologist kyle lemaire@fws.gov USFWS/ES/Colorado Field Office 134 Union Blvd, Suite 670, Lakewood, CO 80228 Respectfully, Kyle LeMaire (he/him) Fish and Wildlife Biologist kyle lemaire@fws.gov USFWS/ES/Colorado Field Office 134 Union Blvd, Suite 670, Lakewood, CO 80228 From: Tracy Brunner <tbrunner@west-inc.com> Sent: Friday, December 9, 2022 1:26 PM To: ColoradoES, FW6 <ColoradoES@fws.gov> Cc: Margaret McKenna<maggie.mckenna@horuscapital.co.uk>; Gerald Juliani<gerald.juliani@horuscapital.co.uk> Subject: [EXTERNAL] Re: Prospect Solar Project Introduction Letter Thus email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding. Good afternoon - I just wanted to follow up on the below letter regarding the Prospect Solar Project. We would appreciate any feedback you may have on the project. Thanks, Tracy Tracy Brunner Project Manager - Environmental Planner (she/her/hers) MEM Western EcoSystems Technology, Inc. Environmental & Statistical Consultants Concord, NH / Camp Hill, PA 612-599-6976 tbrunner@west-inc.com www.west-inc.com - Follow WEST: Facebook, Twitter, Linked In, Join our Mailing list CONFIDENTIALITY NOTICE: This message and any accompanying communications are covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, and contain information that is privileged, confidential or otherwise protected from disclosure. If you are not the intended recipient or an agent responsible for delivering the communication to the intended recipient, you are hereby notified that you have received this communication in error. Dissemination, distribution or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this communication in error, please notify us immediately by e-mail and delete the original message. Thank you. APlease consider the environment before printing. 3 On Thu, Nov 10, 2022 at 12:51 PM Tracy Brunner <tbrunner@west-inc.com> wrote: Hello - On behalf of Horus Energy, I'd like to provide a project introduction letter for the Prospect Solar Project. We would appreciate any feedback you have on the project and if you have any information on known occurrences of federally listed species within the Project Area. Let me know if you have any questions. -Tracy Tracy Brunner Project Manager - Environmental Planner (she/her/hers) Western EcoSystems Technology, Inc. Environmental & Statistical Consultants Concord, NH / Camp Hill, PA 612-599-6976 tbrunner@west-inc.com www.west-inc.com - Follow WEST: Facebook, Twitter, Linked In, Join our Mailing list CONFIDENTIALITY NOTICE: This message and any accompanying communications are covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, and contain information that is privileged, confidential or otherwise protected from disclosure. If you are not the intended recipient or an agent responsible for delivering the communication to the intended recipient, you are hereby notified that you have received this communication in error. Dissemination, distribution or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this communication in error, please notify us immediately by e-mail and delete the original message. Thank you. `'C Please consider the environment before printing. 4 Hello