The URL can be used to link to this page

Browse Search

Home My WebLink About20242805.tiffMEMORANDUM TO: Chris Gathman, Planning Services FROM: Mike McRoberts, P.E., Development Review DATE: June 25, 2024 SUBJECT: USR24-0014 1041 SEF - Revised 10-14-24 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 1041 Solar Energy Facility that includes: 1) a solar facility (solar arrays) with a generating capacity up to 650 MW -AC; 2) A Battery Energy Storage Facility planned for 650 MWh with a possible increase to up to 1,300 MWh; 3) a substation (constructed and owned by the applicant) to interconnect the project to the high voltage transmission system; 4) An operations area including an operations and maintenance building, possible water storage, materials storage and parking; 5) On -site communication system (communication lines); and 6) Meteorological Stations (approximately 15 -feet high on posts). Up to seven (7) construction trailers during construction and ten (10) conex containers will be utilized during construction. Up to four (4) conex containers will be retained for parts storage. Parcel numbers: 129901000006, 122132000006, 122133000002, 122134000003, 122134000004, 122135000003, 122135000004, 129902000001, 129903000005, 129903000006, 129910100005, 129910200006, 129911000006, 129914000012, 129915000009, 129915100002 . ACCESS According to the application materials, access for the project will be from the South, utilizing State Highway 52 and Weld County Road 93. Other potential accesses from Weld County maintained roads that were not mentioned in the application materials include County Roads 22, 26 1/2, and 95. See the exhibit below. I I 1 - ""Y'CF 1r2 PROJECT SITE Morgan County 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. ROADS AND RIGHTS -OF -WAY County Roads 22 (between County Roads 93 and 95), 26 1/2, 93, and 95 (north of County Road 22) are gravel roads and are designated on the Weld County Functional Classification Map (Code Ordinance 2017- 01) as collector roads, which require 80 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 rights -of - way) and the physical locations of the roads. If any rights -of -way cannot be verified it/they 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 roadways may not be centered in the right-of-way. These roads are maintained by Weld County. County Road 22 (west of County Road 93) is a section line road. 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. County Road 24 (between County Road 93 and County Road 95) is a section line road. 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. 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. The draft site plan indicates some structures have been located in unmaintained County rights -of -way and/or right-of-way setbacks. Placing structures within County rights -of -way or right-of-way setbacks will require the applicant to enter into a license agreement with the County. TRAFFIC • Latest ADT on County Road 22 counted 32 vpd with 15% trucks. The 85th percentile speed is 49 mph. • Latest ADT on County Road 93 counted 25 vpd with 19% trucks. The 85th percentile speed is 55 mph • Latest ADT on County Road 95 counted 44 vpd with 25% trucks. The 85th percentile speed is 57 mph • Latest ADT on County Road 26 1/2 counted 93 vpd with 32% trucks. The 85th percentile speed is 60 mph. 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. The traffic letter indicated that 70% of the construction traffic will be coming and going from the west on State Highway 52 and turning north on Weld County Road 93 and 30% of the traffic will be coming and going from the east on State Highway 52 and turning north on Weld County Road 93. 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. 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 include: • Full depth reclamation and 8" installation of reclaimed asphalt pavement (RAP) on Weld County Road 93 between State Highway 52 and the northern edge of Weld County Road 22. The cross section of base and RAP shall be structurally sufficient to handle the truck traffic from the development and reduce rutting overtime. • Install stop mechanisms as required by the County at the intersections of Weld County Road 93 at Weld County Road 22, Weld County Road 22 at Weld County Road 95, and Weld County Road 26 1/2 at Weld County Road 95 in accordance with an approved plan and meeting MUTCD criteria. 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 which includes three (3) requests for consideration of exceptions to stormwater detention. The report also includes a detention pond design for a proposed Battery Energy Storage System, a substation, and an Operations and Maintenance building. A final Development Review accepted drainage report and detention pond design completed by a Colorado Licensed Professional Engineer (RE.) 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. COLORADO CONSTRUCTION STORMWATER DISCHARGE PERMIT A Colorado Stormwater Discharge Permit is required when disturbing more than one (1) acre of land. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692- 3575. CONDITIONS OF APPROVAL A. 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) B. 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) C. The USR map shall be amended to delineate the following: 1. County Roads 22 (east of County Road 93), 26 %, 93, and 95 are gravel roads and are designated on the Weld County Functional Classification Map as local roads which require 60 feet of right-of- way at full buildout. The applicant shall delineate and label on the USR map the existing rights -of - way (along with the creating documents) and the physical location of each road. All setbacks shall be measured from the edge of right-of-way. These roads are maintained by Weld County. (Development Review) 2. County Road 95 is a gravel road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 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 22 (west of County Road 93) is a section line road and is shown to have 30 feet of unmaintained section line right-of-way per the Weld County GIS right-of-way map. The applicant shall verify and delineate the existing right-of-way on the USR map. Show and label the section line Right -of -Way as "COUNTY ROAD 22 Section Line Right -Of -Way, Not County Maintained." All setbacks shall be measured from the edge of right-of-way. (Development Review) 4. County Road 24 (between County Road 93 and County Road 95)) is a section line road and is shown to have 30 feet of unmaintained section line right-of-way per the Weld County GIS right-of- way map. The applicant shall verify and delineate the existing right-of-way on the USR map. Show and label the section line Right -of -Way as "COUNTY ROAD 24 Section Line Right -Of -Way, Not County Maintained." All setbacks shall be measured from the edge of right-of-way. (Development Review) 5. Show and label the approved access location(s), approved access width and the appropriate turning radii (65') on the USR map. 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. B. The approved access and 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 access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Development Review) 3. 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: Chris Gathman From: Lauren Light, Environmental Health Services Date: June 26, 2024 Re: USR24-0014 Applicant: Magnum Feedyard Co. LLC, c/o Taelor Solar 1, LLC Environmental Health Services has reviewed this Site -Specific Development Plan and Use by Special Review Permit for the construction of a 1041 Solar Energy Facility. The facility includes: 1) a solar facility (solar arrays) with a generating capacity up to 650 MW -AC 2) A Battery Energy Storage Facility planned for 650 MWh with a possible increase to up to 1,300 MWh 3) a substation (constructed and owned by the applicant) to interconnect the project to the high voltage transmission system 4) An operations area including an operations and maintenance building, possible water storage, materials storage and parking 5) Onsite communication system (communication lines) 6) Meteorological Stations (approximately 15 - feet high on posts). Up to seven (7) construction trailers during construction and ten (10) conex containers will be utilized during construction. Up to four (4) conex containers will be retained for parts storage. 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. A dust mitigation plan was submitted which indicates water, application of magnesium chloride, and lower speed limits may be utilized. Weeds control may consist of mechanical methods such as mowing and application of herbicides. An "equipment noise report" was submitted however it did not include modeling 25 feet from the property line. 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, batteries, fuels, oils, lubricants, and solvents will be the primary hazardous and flammable materials that would be on -site. A "Hazards and Emergency Procedures" report was submitted. The document indicates: "The primary wastes generated by solar projects during construction, operation, and maintenance would be nonhazardous solid and liquid wastes. Waste management would emphasize the recycling of wastes where possible and would identify the specific landfills that would receive wastes that cannot be recycled." A Hazardous Materials Management Plan will be developed prior to construction and a Spill Prevention Control and Countermeasure (SPCC) Plan will be produced as necessary. 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. 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. 6. 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. 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6410 weldhealth.org Public Health Weld County Department of Public Health and Environment 7. 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. 8. 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 May 29, 2024 Submit by Email The Weld County Department of Planning Services has received the following item for review: Applicant: Magnum Feedyard Co. LLC, c/o Taelor Solar 1, LLC Case Number: USR24-0014 Please Reply By: June 26, 2024 Planner: Chris Gathman Project: A Site Specific Development Plan and Use by Special Review Permit for the construction of a 1041 Solar Energy Facility. The facility includes: 1) a solar facility (solar arrays) with a generating capacity up to 650 MW -AC 2) A Battery Energy Storage Facility planned for 650 MWh with a possible increase to up to 1,300 MWh 3) a substation (constructed and owned by the applicant) to interconnect the project to the high voltage transmission system 4) An operations area including an operations and maintenance building, possible water storage, materials storage and parking 5) Onsite communication system (communication lines) 6) Meteorological Stations (approximately 15 - feet high on posts). Up to seven (7) construction trailers during construction and ten (10) conex containers will be utilized during construction. Up to four (4) conex containers will be retained for parts storage. Multiple Parcels located in: Section 1, Township 2 North, Range 61 West, Section 2, Township 2 North, Range 61 West, Section 3, Township 2 North, range 61 West, Part of the S1/2 of Section 35, Township 3 North, Range 61 West, Section 34, Township 3 North, Range 61 West, Section 33, Township 3 North, Range 61 West, Part of the S2 of Section 32, Township 3 North, Range 61 West, Part of the W2 of Section 11, Township 2 North, Range 62 West, Part of the E1/2 and Part of the W1/2 of Section 10, Township 2 North, Range 61 West, Part of the NE1/4NE1/4 and Part of the N1/2NE1/4 of Section 15, Township 2 North Range 61 West, Part of the NW1/4NW4 of Section 14, Township 2 North, Range 61 West, located in in the 6th P.M., Weld County, Colorado. Location: Proposed facility is to be located on 4300 acres (on multiple parcels) located in the following location: Two miles south of the Interstate 76/County Road 91 intersection, 3/4 mile north of the County Road 20/County Road 93 intersection, west of and adjacent to the Weld County/Morgan County Line, approximately 7.5 miles east of County Road 75.5. 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. Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 P T 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 Date 6/4/2024 Agency Weld County Oil & Gas Energy Department Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 Weld County Oil & Gas Energy Department Referral Comments Referring Agency: Weld County Department of Planning Services Reference Number: USR24-0014 Associated Parcel: Various — See Referral for STRs OGED Reviewer: Rebecca Sears Review Date: 6/4/2024 The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to comment on the captioned planning case. Staff has completed review of the proposal and have no conflicts with the proposed activity. We have included additional comments below: 1. There are no active or proposed 1041 WOGLA Permits on the associated parcel. There are several oil and gas well sites in the area surrounding the parcel. 2. The parcel includes one (1) active oil and gas well, listed in Table 1 below. OGED requests that the Applicant coordinate operations in proximity to existing wells and production facilities with the operator(s) of these wells. API Operator Well Title Well Status 05-123-20447 Schneider Energy Services, Inc. Yocam #22-32 TA 3. The parcel includes nine (9) plugged and abandoned (PA) wells listed in Table 2 below. Additional information regarding these plugged and abandoned wells is available from the Energy & Carbon Management Commission (ECMC). OGED recommends that the Applicant review this information and contact the responsible operator regarding well infrastructure that may have been abandoned in place prior to conducting operations in proximity to the wells. API Operator Well Title Well Status 05-123-10506 Prima Exploration Inc. Alkire Brothers #21-1 PA 05-123-09248 Wenner Petroleum Corp. Alkire Brothers #1 PA 05-123-09249 Wenner Petroleum Corp. Howell #1 PA 05-123-09849 Oxbow Properties, Inc. Oxbow Mabel #1X PA 05-123-20389 Cabot Oil & Gas Corp. Calvert #34-33 PA 05-123-20800 Cabot Oil & Gas Corp. Yocam #33-32 PA 05-123-10479 Energetics Operating Co. Calvert #31-15 PA 05-123-08701 Wenner Petroleum Corp. Robert Calert JR #1 PA 05-123-09355 Wenner Petroleum Corp. Neal #1 PA 4. The USR lands may include additional oil and gas related infrastructure, such as off -location flowlines or pipeline which are a use by right and not regulated by Weld County. OGED requests that the applicant reviews flowline data available from the ECMC map viewer and utilize Colorado 811 prior to any excavation activities. These comments and recommendations are based upon the review of the application materials submitted by the applicant and other relevant information available on the E -Permit site. From: Roy Rudisill To: Chris Gathman Cc: Tom Beach Subject: RE: USR24-0014 Referral (Balanced Rock) Solar and BESS facility Date: Thursday, September 26, 2024 12:04:12 PM Hi Chris, thanks for reaching out. Yes we would request the company provide an emergency plan for the facility and request they coordinate with the Fire District on any risk associated to the BESS storage unit, and provide training to first responders for any response required to the facility. Roy Rudisill, Director Office of Emergency Management 1150 0 St. Greeley, Co 970-381-0417 Mobile 970-304-6540 Office rrudisill@weld.goy 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: Chris Gathman <cgathman@weld.gov> Sent: Wednesday, September 25, 2024 8:25 PM To: Roy Rudisill <rrudisill@weld.gov> Subject: USR24-0014 Referral (Balanced Rock) Solar and BESS facility Dear Roy, I was going back through referrals for this case. Do you have any comments? This is another large scale solar facility like USR24-0012 and USR24-0013. Thanks! Chris Gathman Planner III Weld County Department of Planning Services 1402 N. 17th Avenue PO Box 758 Greeley, CO 80632 cgathman@weldgov.com 970-400-3537 MEMORANDUM TO: Chris Gathman DATE: July 18, 2024 FROM: Melissa J King, PE, CFM, Development Review SUBJECT: USR24-0014 1041 Taelor Solar Energy Facility on Magnum Feedyard Co LLC Property PROJECT: A Site Specific Development Plan and Use by Special Review Permit for the construction of a 1041 Solar Energy Facility. The facility includes: 1) a solar facility (solar arrays) with a generating capacity up to 650 MW -AC 2) A Battery Energy Storage Facility planned for 650 MWh with a possible increase to up to 1,300 MWh 3) a substation (constructed and owned by the applicant) to interconnect the project to the high voltage transmission system 4) An operations area including an operations and maintenance building, possible water storage, materials storage and parking 5) Onsite communication system (communication lines) 6) Meteorological Stations (approximately 15 -feet high on posts). Up to seven (7) construction trailers during construction and ten (10) conex containers will be utilized during construction. Up to four (4) conex containers will be retained for parts storage. PARCELS: 16 Parcels located in Sections 32, 33, 34, 35, 3, 2, 1, 10, 11, 15, 14. FLOODPLAIN: Development associated with this 1041 Solar Facility is to be located on and/or in the unmapped/unstudied 100 -year floodplain of Kiowa Creek, Jack Rabbit Creek, and associated unnamed tributaries. While there is FEMA studied 100 -year floodplain (Zone A) for Kiowa Creek just east in Morgan County, the study areas do not extend west into Weld County. Thus, even though FEMA Panels 08123C -2050E, revised January 20, 2016, do not show 100 -year floodplain for Kiowa Creek and Jack Rabbit Creek, there is 100 -year floodplain in these areas. 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. 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) Submit by Email Weld County Referral May 29, 2024 The Weld County Department of Planning Services has received the following item for review: Applicant Magnum Feedyard Co. LLC, c/o Taelor Solar 1, LLC Case Number: USR24-0014 Please Reply By: June 26, 2024 Planner: Chris Gathman Project: A Site Specific Development Plan and Use by Special Review Permit for the construction of a 1041 Solar Energy Facility. The facility includes: 1) a solar facility (solar arrays) with a generating capacity up to 650 MW -AC 2) A Battery Energy Storage Facility planned for 650 MWh with a possible increase to up to 1,300 MWh 3) a substation (constructed and owned by the applicant) to interconnect the project to the high voltage transmission system 4) An operations area including an operations and maintenance building, possible water storage, materials storage and parking 5) Onsite communication system (communication lines) 6) Meteorological Stations (approximately 15 - feet high on posts). Up to seven (7) construction trailers during construction and ten (10) conex containers will be utilized during construction. Up to four (4) conex containers will be retained for parts storage. Multiple Parcels located in: Section 1, Township 2 North, Range 61 West, Section 2, Township 2 North, Range 61 West, Section 3, Township 2 North, range 61 West, Part of the 51/2 of Section 35, Township 3 North, Range 61 West, Section 34, Township 3 North, Range 61 West, Section 33, Township 3 North, Range 61 West, Part of the S2 of Section 32, Township 3 North, Range 61 West, Part of the W2 of Section 11, Township 2 North, Range 62 West, Part of the E1/2 and Part of the W1/2 of Section 10, Township 2 North, Range 61 West, Part of the NE1/4NE1/4 and Part of the N1/2NE1/4 of Section 15, Township 2 North Range 61 West, Part of the NW1/4NW4 of Section 14, Township 2 North, Range 61 West, located in in the 6th P.M., Weld County, Colorado. Location: Proposed facility is to be located on 4300 acres (on multiple parcels) located in the following location: Two miles south of the Interstate 76/County Road 91 intersection, 3/4 mile north of the County Road 20/County Road 93 intersection, west of and adjacent to the Weld County/Morgan County Line, approximately 7.5 miles east of County Road 75.5. 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. Weld County Planning Dept. PQ Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 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. ErSee attached letter. Signature 0 1 Agency (4'1Wl C4k4J CeenelVang 4W:0' Date (0/E/2(4' Weld County Planning Dept. PQ Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 Southeast Weld Conservation District P.O. Box 381, Keenesburg, CO 80643 970-427-3358 • sewcdco@gmail.com Weld County Planning Department 1402 North 17t1 Avenue Greeley, CO 80631 October 8th, 2024 To Whom in May Concern: The Southeast Weld Conservation District previously sent in a letter regarding the Taelor Solar 1, LLC by Special Review Application USR24-0014. 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 From: Valdes - CDOT, Rose To: Chris Gathman Cc: Bilobran - CDOT, Timothy; Allyson Young - CDOT Subject: Re: USR24-0014 (Solar Facility) Date: Monday, September 30, 2024 3:44:32 PM 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 Chris, Thank you for sending us this referral. CDOT comments are as follows. Considered One Single Phase. Post Completion. A CDOT permit required post completion. Highway Improvements. Because the project will span 24-36 months (Q4 2025 to Q2 2028), highway improvements will be required, according to SHAG requirements. Please provide recommended improvements at WCR 93 & SH 52, per SHAG. Volumes. 1. Site Preparation. 2. Construction/Installation. 3. Commissioning (Start-up and Testing).4. Post Completion. Please provide the maximum number per day of the below. 1. # of Employees 2. # of Construction Workers 3. # of Deliveries 4. # of O&M staff Staff Post Completion. TIS indicates "unmanned facility with weekly site visits by operational personnel." Narrative states O&M est. 10 full-time (trucks & ATV's, heavy equipment as needed for repairs). CDOT: Please clarify. Total Traffic Discrepancy. Table 1. indicates 780 Daily Trips based upon Total PCE. However, the narrative beneath it indicates 660 Daily Trips based upon Total Vehicles. Please provide the PEAK AM & PM for 780 Total PCE. Should you have any questions or concerns, please do not hesitate to ask. Kindest Regards. Rose Valdes Assistant Access Manager 10601 West 10th Street, Greeley, CO 80634 Rose.Valdes@state.co.us I http://codot.gov/ www.cotrip.or Office Phone (970) 939-2440 On Mon, Sep 30, 2024 at 1:16 PM Bilobran - CDOT, Timothy <timothy.bilobran@state.co.us> wrote: +Rose Valdes - CDOT Chris. She's the person in our unit handling Weld Co. referrals so she's the person to ask. Tim On Sun, Sep 29, 2024 at 2:04 PM Chris Gathman <cgathman@weld.gov> wrote: Dear Tim and Ally, I was going through the referral responses. Just check I did not miss anything. I did not CDOT response (unless I missed it). Did you have any comments. This is scheduled for PC on 10/15 and BOCC on 10/30. Thanks! Chris Gathman Planner III Weld County Department of Planning Services 1402 N. 17th Avenue PO Box 758 Greeley, CO 80632 cgathman@weldgov.com 970-400-3537 Tim Bilobran Region 4 Permits Manager 0 0 970.350.2163 I C 970.302.4022 I F 970.350.2198 tirnothy.bilobran@state.co.us I codot.gov I www.cotrip.org 10601 W. 10th Street, Greeley, CO 80634 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: Chris Gathman 1402 North 17th Ave Greeley, CO 80631 970-400-6100 cgathman@weld.gov Re: CPW referral letter for Case # USR24-0014, Taelor Solar 1 Project Dear Chris Gathman, Thank you for the opportunity for Colorado Parks and Wildlife (CPW) to submit formal comments on the proposed Taelor Solar 1, 650 -megawatt (MW) photovoltaic solar facility located on 4,300 acres of private land. The Taelor Solar 1 will be located approximately 5.5 miles SW of the town of Wiggins in unincorporated Weld County on existing agricultural lands. This project is part of a two-part project, the Weld County portion and the other portion being in Morgan County, which CPW commented on in January 2024. 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 this early consultation from Balanced Rock Power and Weld County because it can lead to a responsibly developed project that works toward achieving state solar goals 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. 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 A?'of • co�0 c 0 60 w r « r *'876 s CPW appreciates that the developer plans to use wildlife -friendly fencing. This proposed solar development is within CPW mapped Mule deer severe winter range, Mule deer winter concentration, and Pronghorn winter concentration high priority habitat (HPH). We would recommend starting construction outside of the big game winter timing (December 1- April 30). CPW also appreciates that the following recommendations will be implemented for this solar project based on CPW's Solar BMPs and previous consultation: • 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. • Greater Prairie Chicken and Plains Sharp -tailed Grouse surveys will be conducted prior to construction and reported to CPW. • Swift Fox, Burrowing owl, and other raptor surveys will be conducted prior to construction, and buffers and timing stipulations will be followed. Along with the recommendations that will be implemented above, CPW recommends the following: • CPW would like to work with the developer on developing the placement of a wildlife corridor of at least 250 ft wide since the project occurs within three mapped big game wintering habitats and due to the loss of 4,300 acres of big game habitat. • CPW recommends that the Project Area not be lit at night to minimize wildlife attraction to Project infrastructure and limit impacts to hunting, migration, or other nocturnal activities of wildlife. • For the eventual consultation regarding transmission lines to this Solar Project, CPW recommends they are installed according to Avian Power Line Interaction Committee (APLIC) standards and outside the raptor nesting season. Also, please install bird diverters within 1/4 -mile of any lake, drainage, or riparian area and within the raptor nesting buffer for occupied nests. 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-miller@state.co.us Chris Mettenbrink, Assistant Area 2 Wildlife Manager - chris.mettenbrink@state.co.us Jason Duetsch, Area 2 Wildlife Manager - iason.duetsch@state.co.us 3 Aso May 31, 2024 COLORADO Division of Water Resources Department of Natural Resources Chris Gathman, Planner III Weld County Department of Planning Services Transmission via email: cgathman@weld.gov Re: Case No.: USR24-0014, Applicant: Magnum Feedyard Co. LLC Parts of Sections 32, 33, 34, and 35, Township 3 North, Range 61 West, 6th P.M. Parts of Sections 1, 2, 3, 11, 12, 14, and 15, Township 2 North, Range 61 West, 6th P.M. Water Division 1, Water District 1 Kiowa-Bijou Designated Basin and Lost Creek Designated Basin DWR Assigned Referral No. 32348 Dear Chris Gathman: We have reviewed the referral for a site specific development plan and use by special review permit for the construction of a 1041 Solar Energy Facility over approximately 4,300 acres on multiple parcels south of 1-76 and east of Roggen. 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. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or physical availability of water. Approximately 250 acre-feet of water are required during construction for dust control, concrete, possible water storage, and potable needs. Potable water may be transported to the site; this office has no concerns with this so long as water is purchased from a legal supply. Approximately 15-30 acre-feet/year of water will be required during operations for panel cleaning. According to the referral, water may be obtained from wells onsite upon agreement with the landowner and conversion of use of the wells, which may include well permit nos. 8309-RFP, 8310-RFP, 8311-RFP-R, 12356-RFP, 12357-RFP, 3967 -FP, 6984-RFP, 6985-RFP, 6986-RFP, 8793-RFP, and 14705-RFP. In order to change the use of these wells, the well owner must file an application for each well to change the allowed use, using form DBB-005, which must be submitted with a report with a historical consumptive use analysis and supporting documentation (such as historical pumping or power consumption records, a pump test, and historical crop practices). The owner must also obtain a new permit pursuant to the approved changed uses in order to use the well for the new uses. The filing fee for each application is $100 and is payable after submission of the application to DWRpermitsonline@state.co.us. 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water Jared Polis, Governor I Dan Gibbs, Executive Director I Jason T. Ullmann, State Engineer/Director USR24-0014, Weld County Page 2 of 2 May 31, 2024 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 Wenli.Dickinson@state.co.us or 303-866-3581 x8206 with any questions. Sincerely, loana Comaniciu, P.E. Water Resource Engineer Ec: North Kiowa-Bijou Ground Water Management District Lost Creek Ground Water Management District 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: Chris Gathman 1402 North 17th Ave Greeley, CO 80631 970-400-6100 cgathman@weld.gov Re: CPW referral letter for Case # USR24-0014, Taelor Solar 1 Project Dear Chris Gathman, Thank you for the opportunity for Colorado Parks and Wildlife (CPW) to submit formal comments on the proposed Taelor Solar 1, 650 -megawatt (MW) photovoltaic solar facility located on 4,300 acres of private land. The Taelor Solar 1 will be located approximately 5.5 miles SW of the town of Wiggins in unincorporated Weld County on existing agricultural lands. This project is part of a two-part project, the Weld County portion and the other portion being in Morgan County, which CPW commented on in January 2024. 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 this early consultation from Balanced Rock Power and Weld County because it can lead to a responsibly developed project that works toward achieving state solar goals 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. 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 A?'of • co�0 c 0 60 w r « r *'876 s CPW appreciates that the developer plans to use wildlife -friendly fencing. This proposed solar development is within CPW mapped Mule deer severe winter range, Mule deer winter concentration, and Pronghorn winter concentration high priority habitat (HPH). We would recommend starting construction outside of the big game winter timing (December 1- April 30). CPW also appreciates that the following recommendations will be implemented for this solar project based on CPW's Solar BMPs and previous consultation: • 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. • Greater Prairie Chicken and Plains Sharp -tailed Grouse surveys will be conducted prior to construction and reported to CPW. • Swift Fox, Burrowing owl, and other raptor surveys will be conducted prior to construction, and buffers and timing stipulations will be followed. Along with the recommendations that will be implemented above, CPW recommends the following: • CPW would like to work with the developer on developing the placement of a wildlife corridor of at least 250 ft wide since the project occurs within three mapped big game wintering habitats and due to the loss of 4,300 acres of big game habitat. • CPW recommends that the Project Area not be lit at night to minimize wildlife attraction to Project infrastructure and limit impacts to hunting, migration, or other nocturnal activities of wildlife. • For the eventual consultation regarding transmission lines to this Solar Project, CPW recommends they are installed according to Avian Power Line Interaction Committee (APLIC) standards and outside the raptor nesting season. Also, please install bird diverters within 1/4 -mile of any lake, drainage, or riparian area and within the raptor nesting buffer for occupied nests. 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-miller@state.co.us Chris Mettenbrink, Assistant Area 2 Wildlife Manager - chris.mettenbrink@state.co.us Jason Duetsch, Area 2 Wildlife Manager - iason.duetsch@state.co.us 3 el.? Xcel Energy" PUBLIC SERVICE COMPANY May 29, 2024 1402 North 17th Ave Greeley, CO 80631 Attn: Chris Gathman Re: Case # USR24-0014 Right of Way & Permits 1123 West 3'd Avenue Denver, Colorado 80223 Telephone: 303.285.6612 violeta.ciocanu@xcelenergy.com Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk has determined there is a potential conflict with the above captioned project. Public Service Company has existing electric transmission lines and associated land rights as shown within this property. Any activity including grading, proposed landscaping, erosion control or similar activities involving our existing right-of-way will require Public Service Company approval. Encroachments across Public Service Company's easements must be reviewed for safety standards, operational and maintenance clearances, liability issues, and acknowledged with a Public Service Company License Agreement to be executed with the property owner. PSCo is requesting that, prior to any final approval of the development plan/plat, it is the responsibility of the property owner/developer/contractor to have this project assigned to a Land Rights Agent for development plan review and execution of a License Agreement (via either website www.xcelenergy.com/rightofway or email coloradorightofway@xcelenergy.com). The property owner/developer/contractor must complete the application process for any new natural gas or electric service, or modification to existing facilities via xcelenergy.com/InstallAndConnect. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details. Additional easements may need to be acquired by separate document for new facilities — be sure to contact the Designer and request that they connect with a Right -of -Way and Permits Agent in this event. As a safety precaution, PSCo would like to remind the developer to contact Colorado 811 for utility locates prior to construction. Violeta Ciocanu (Chokanu) Right of Way and Permits Public Service Company of Colorado dba Xcel Energy Office: 303-285-6612 — Email: violeta.ciocanu@xcelenergy.com From: ColoradoES, FW6 To: Chris Gathman Cc: brandon.marette@state.co.us; Reeves, Julie Subject: Re: [EXTERNAL] Referral Agency Email Date: Friday, June 14, 2024 1:33:15 PM Attachments: USFWS Standard PMJM conservation measures March 2020.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. Dear Chris Gathman, The U.S. Fish and Wildlife Service (Service) received your request for review and recommendations regarding the proposed Balanced Rock Power Taelor Solar 1, LLC solar photovoltaic (PV) power generating facility and battery energy storage system (BESS) project (Project; Weld County case # USR24-0012) in Weld County, Colorado. The Project includes up to 650 -megawatt (MW) alternating current PV generating facility and up to 1,300 MW of BESS, with an interconnection with Xcel Energy's proposed Colorado Power Pathway or another transmission line within the area. The Project will be located on approximately 4,300 acres of private land approximately 5.5 miles southwest of the Town of Wiggins, south of Interstate 76 and spanning across the Burlington Northern railroad in Township 2 North, Range 61 West and Township 3 North, Range 61 West. You have requested information regarding species listed under the Endangered Species Act of 1973, as amended (ESA), 16 U.S.C. 1531 et seq. In response to your request, the Service is providing recommendations for protective measures for threatened and endangered species in accordance with the ESA. We are also providing recommendations concerning migratory birds in accordance with the Migratory Bird Treaty Act (MBTA), 16 U.S.C. 703, and the Bald and Golden Eagle Protection Act (Eagle Act), 16 U.S.C. 668. Wetlands are afforded protection under Executive Orders 11990 (wetland protection) and 11988 (floodplain management), as well as section 404 of the Clean Water Act. Other fish and wildlife resources are considered under the Fish and Wildlife Coordination Act, as amended, 16 U.S.C. 661 et seq., and the Fish and Wildlife Act of 1956, as amended, 16 U.S.C. 742a -742j. Preble's meadow jumping mouse: The Preble's meadow jumping mouse (Zapus hudsonius preblei; Preble's mouse) is a federally threatened small rodent, weighing 0.5 to 1.1 ounces and measuring 7 to 10 inches as an adult. This species has a long tail (twice as long as the body) and large hind feet. The Preble's mouse has a distinct broad, dark stripe on its back from its head to tail bordered on either side by lighter -tan to orange -brown fur and white underside fur. A special 4(d) rule provides exemption from take protections for certain activities related to rodent control, ongoing agricultural activities, landscape maintenance, and existing uses of water. The Preble's mouse range extends along the eastern edge of the Front Range foothills of the Rocky Mountains from southeastern Wyoming into the headwaters of the Arkansas River Basin near Colorado Springs, Colorado, at elevations between 4,650 feet and 7,600 feet. The arid prairies of eastern Colorado and Wyoming limit the Preble's mouse expansion to the east, while extensive human development likely extirpated this species from the Denver and Colorado Springs metropolitan areas and any available suitable riparian habitat. The Preble's mouse uses well -developed riparian habitat and relatively undisturbed adjacent grassland communities near a water source. Preferred habitat types include well - developed grasslands with a dense combination of grasses, forbs, and shrubs that comprise high vertical diversity. Habitats in Colorado for Preble's mouse range from large perennial rivers, such as the South Platte River, to smaller ephemeral drainages less than 10 feet wide, to montane habitats, and dry gulches. Destruction, modification, and fragmentation of high -quality riparian habitat is the primary threat to the persistence of Preble's mouse populations. Habitat loss and fragmentation from human land uses including urban, suburban, and recreational development; highway and bridge construction; water development; instream changes due to increased runoff and flood control efforts; sand and gravel mining; and overgrazing directly destroy protective cover, nests, food resources, and hibernation sites. The enclosed Preble's mouse document provides our standard recommendations for pre- and post - construction conservation measures for this species. Platte River Species Occurring Outside the Plan Area: The following Platte River species do not occur within the planning area but have potential to be affected by water depletions associated with the Project: piping plover (Charadrius melodus) whooping crane (Grus americana) and its designated critical habitat, pallid sturgeon (Scaphirhynchus albus), and western prairie fringed orchid (Platanthera praeclara). These listed species inhabit aquatic, near -shore, and wetland communities within or along the Platte River in Nebraska and depend on the existing flows and hydrologic regime. Water depletions associated with the Project for the purposes of concrete foundations, dust abatement, or panel washing may affect the species and/or critical habitat associated with the Platte River in Nebraska. Ute Ladies' -tresses: Ute ladies' -tresses (Spiranthes diluvialis) is a federally threatened perennial orchid listed under the ESA (57 FR 2048; January 17, 1992). Ute ladies' -tresses is eight to 20 inches tall, with white or ivory flowers clustered into a spike arrangement at the top of the stem. Ute ladies' -tresses typically blooms from late July through August. However, it may bloom in early July or still be in flower as late as October, depending on location and climatic conditions. Ute ladies' -tresses is endemic to moist soils near wet meadows, springs, lakes, and perennial streams where it colonizes early successional point bars or sandy edges. The elevation range of known occurrences is 4,200 to 7,000. Soils where Ute ladies' -tresses have been found typically range from fine silt and sand to gravels and cobbles, as well as to highly organic and peaty soil types. Ute ladies' -tresses is not found in heavy or tight clay soils or in extremely saline or alkaline soils. Ute ladies' -tresses typically occurs in small, scattered groups found primarily in areas where vegetation is relatively open. Ute ladies' -tresses do not flower every year, and therefore, three years of surveys are necessary to determine presence or absence of Ute ladies' -tresses. Surveys should be conducted by knowledgeable botanists trained in conducting rare plant surveys. Threats include modification of riparian habitat, such as stream channelization and stabilization, or projects that effect downstream hydrology or hydrograph. Protective measures for Ute ladies' -tresses include: (1) avoid surface disturbance within 500 feet of surface water and/or riparian areas, (2) prior to any onsite activities in or near riparian areas conduct surveys or inventories in accordance with Service guidelines to verify the presence or absence of Ute ladies' -tresses, (3) limit application of herbicides to on closer than 0.25 mile from known populations and (4) avoid mowing habitats containing Ute ladies' - tresses populations during the flowering period (July through September). Eastern black rail: The eastern black rail (Laterallus jamaicensis ssp. jamaicensis) is a federally threatened sparrow -sized, secretive marsh bird and is the smallest rail species in North America. Adults have an average length of 10-15 centimeters and weight approximately 35 grams. Eastern black rail are currently known or believed to occur in 21 counties in eastern Colorado; however, they are more frequently encountered in those counties that intersect the Arkansas River basin (e.g., Bent, Lincoln, Otero, Prowers, and Pueblo). For the purpose of analyzing potential effects on this species from the proposed action, eastern black rail modeled habitat includes freshwater emergent wetland land cover types with dense vegetative cover. Breeding areas are typically dominated by fine -stemmed emergent plants, rushes, grasses, or sedges, and recent surveys for the Colorado Bird Atlas found this species exclusively in extensive cattail marshes with standing water. Threats in eastern Colorado include habitat fragmentation and conversion, altered plant communities, altered hydrology and groundwater declines, land management, and effects of climate change. Due to the presence of the Project in Weld County, it is unlikely that eastern black rails would occupy any wetlands within the Project area. Tricolored bat: The tricolored bat (Perimyotis subflavus) is a member of the family Vespertilionidae, which includes a wide variety of small bat species. Formerly known as the eastern pipistrelle, this species has a distinctive three -color pattern on its dorsal hairs. The Service listed the tricolored bat as a proposed endangered species under the ESA on September 14, 2022 (87 FR 26381). Historically, tricolored bats were found throughout the eastern and central United States. Over the last decade these bats have shown a significant westward expansion into Wyoming, Colorado, western Texas, and New Mexico. During the spring, summer, and fall (i.e., non -hibernating seasons), tricolored bat primarily roost among live and dead leaf clusters of live or recently dead deciduous hardwood trees, and within montane forests in ponderosa pine, Douglas -fir, and shrub, and grasslands. Pup season in Colorado is estimated to be from May 15 to July 31, and the maternity season starts earlier, as soon as females migrate away from hibernacula. Females and juveniles begin to disperse from maternity roosts in late July to early August. There are no known locations of tricolored bat in the Project area though there have been no Project - specific surveys performed. White -nose syndrome is the primary threat to tricolored bats rangewide. Monarch Butterfly: In December 2020, after an extensive assessment of the Monarch Butterfly (Danaus plexippus plexippus) the Service determined that the monarch was warranted for listing under the ESA but is precluded at this time by higher priority listing actions, thus making it a candidate species. Conservation measures for candidate species are voluntary, but protection provided to candidate species now may preclude possible listing in the future. The monarch is a large butterfly that lives in a variety of habitats throughout North America and various additional locations across the globe. The monarch needs milkweed (Asclepias spp.) for breeding. Through simple conservation actions like planting native milkweed and nectar sources everyone can help provide a future filled with monarchs. Adults use a wide variety of flowering plants throughout migration and breeding. The Service encourages cooperative conservation efforts for candidate species because they are, by definition, species that may warrant future protection under the ESA. Projects such as this have a unique opportunity to provide habitat for the monarch as the clear zone among solar panels can be planted with regionally appropriate native milkweed and flowering plants that provide nectar. For a regional and season specific plant list, see Xerces Society recommendations at http://www.xerces.org/monarch-nectar-plants/. In addition, incorporating all or some of the following Best Management Practices (BMPs) may benefit a variety of pollinators including the monarch butterfly by helping to retain existing seed sources and create new sources for monarch within the Project area during and after Project completion. • Adjust timing of vegetation management in areas containing plants used by monarchs to not interfere with monarch breeding or nectaring along the migration route (http://monarchjointventure.org/images/uploads/documents/MowingForMonarchs.pdf). • Eliminate or reduce the use of pesticides. Insecticides can result in direct mortality to monarchs and herbicides can eliminate needed host and nectar plants. • If pesticides are used, select pesticides that are specific to the pest; time applications to avoid monarch activity periods; establish buffers; and minimize drift to non -target areas by direct ground application. These measures can help retain existing seed sources and create new sources for monarch to continue to be present within the Project area after Project completion. Migratory Birds: We recommend that you review the Service's migratory bird guidance on avoiding and minimizing incidental take and our nationwide standard conservation measures. The MBTA, enacted in 1918, protects migratory birds, eggs and nests from possession, sale, purchase, barter, transport, import, export, and take. The regulatory definition of take, defined in 50 CFR 10.12, means to pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to hunt, shoot, wound, kill, trap, capture, or collect a migratory bird. Activities that result in the intentional, unpermitted take or incidental take of migratory birds or their eggs are illegal and fully prosecutable under the MBTA (https://www.fws.gov/regulations/ mbta/). Removing or destroying active nests (i.e., nests that contain eggs or young) or causing abandonment of an active nest could constitute a violation of the MBTA, the Eagle Act, or both statutes. Therefore, if nesting migratory birds are present on or near the Project area, timing is an important consideration during Project planning. As discussed below, the Eagle Act provides additional protections for bald and golden eagles and their nests. Bald and Golden Eagles: The Eagle Act protections include provisions not included in the MBTA, such as the protection of unoccupied nests and a prohibition on disturbing eagles. Specifically, the Eagle Act prohibits knowingly taking, or taking with wanton disregard for the consequences of an activity, any bald or golden eagle or their body parts, nests, chicks or eggs, which includes collection, possession, molestation, disturbance, destruction, or killing. The term "disturb" is defined as "to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, (1) injury to an eagle, (2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or (3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior" (50 CFR 22.6). The Eagle Act includes limited exceptions to its prohibitions through a permitting process. The Service has issued new regulations concerning the permit procedures for exceptions to the Eagle Act's prohibitions (89 FR 9920; February 12, 2024).The regulations identify the conditions under which a permit may be issued (i.e., status of eagles, need for action), application requirements, and other issues (e.g., mitigation, monitoring) necessary in order for a permit to be issued. For additional recommendations specific to Bald Eagles please see our national Eagle Management web page (https://www.fws.gov/program/eagle-management). Wetlands and Riparian Areas: Wetlands or riparian areas may be impacted by the proposed Project. Wetlands perform significant ecological functions which include: (1) providing habitat for numerous aquatic and terrestrial wildlife species, (2) aiding in the dispersal of floods, (3) improving water quality through retention and assimilation of pollutants from storm water runoff, and (4) recharging the aquifers. Wetlands also possess aesthetic and recreational values. If wetlands may be destroyed or degraded by the proposed action, those wetlands in the Project area should be inventoried and fully described in terms of their functions and values. Acreage of wetlands, by type, should be disclosed and specific actions should be outlined to avoid, minimize, and compensate for all unavoidable wetland impacts. Riparian or streamside areas are a valuable natural resource and impacts to these areas should be avoided whenever possible. Riparian areas are among the most productive wildlife habitat types in North America. They support a greater variety of wildlife than many other habitats. Riparian vegetation plays an important role in protecting streams, reducing erosion and sedimentation as well as improving water quality, maintaining the water table, controlling flooding, and providing shade and cover. In view of their importance and relative scarcity, impacts to riparian areas should be avoided. Any potential, unavoidable encroachment into these areas should be further avoided and minimized. Unavoidable impacts to streams should be assessed in terms of their functions and values, linear feet and vegetation type lost, potential effects on wildlife, and potential effects on bank stability and water quality. Riparian or streamside areas are a valuable natural resource and impacts to these areas should be avoided whenever possible. Measures to compensate for unavoidable losses of riparian areas should be developed and implemented as part of the Project. Plans for mitigating unavoidable impacts to wetland and riparian areas should include mitigation goals and objectives, methodologies, time frames for implementation, success criteria, and monitoring to determine if the mitigation is successful. The mitigation plan should also include a contingency plan to be implemented should the mitigation not be successful. In addition, wetland restoration, creation, enhancement, and/or preservation does not compensate for loss of stream habitat; streams and wetlands have different functions and provide different habitat values for fish and wildlife resources. BMPs should be implemented within the Project area. BMPs include, but are not limited to, the following: installation of sediment and erosion control devices (e.g., silt fences, hay bales, temporary sediment control basins, erosion control matting); adequate and continued maintenance of sediment and erosion control devices to insure their effectiveness; minimization of the construction disturbance area to further avoid streams, wetlands, and riparian areas; location of equipment staging, fueling, and maintenance areas outside of wetlands, streams, riparian areas, and floodplains; and re -seeding and re -planting of riparian vegetation native to Colorado to stabilize shorelines and streambanks. We appreciate your efforts to ensure the conservation of threatened and endangered species, migratory birds, bald and golden eagles, and wetlands. We recommend that you contact Colorado Parks and Wildlife for their recommendations for other wildlife resources within the state of Colorado. If you have questions or comments related to this proposed action, please contact Julie Reeves of this office at julie_reeves@fws.gov. ECOSphere number: 2024-0096850 Julie Reeves, Grasslands Biologist for U.S. Fish and Wildlife Service Colorado Ecological Services Field Office 1 Denver Federal Center, Building 25 Denver, CO 80225 From: noreply@weld.gov <noreply@weld.gov> Sent: Tuesday, June 11, 2024 4:15 PM To: ColoradoES, FW6 <ColoradoES@fws.gov> Subject: [EXTERNAL] Referral Agency Email This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding. The Weld County Planning Department has received a Planning Use By Special Review application, case # USR24-0012, in which your agency may have an interest. Planning staff requests you review the application materials, and return the Referral Form to Chris Gathman 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# USR24-0012, 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: Chris Gathman at 970-400- 6100 Thank you, Chris Gathman 1402 North 17th Ave Greeley, CO 80631 970-400-6100 cgathman@weld.gov Recommended Conservation Measures Preble's Meadow Jumping Mouse USFWS March 2020 PRE -CONSTRUCTION DESIGN: 1. Design the project to avoid and minimize the permanent and temporary impacts to riparian and adjacent upland habitats. a. Before construction, identify and prioritize riparian and adjacent upland habitats within the project area. Design the project so that it avoids these habitats. b. Avoid or minimize the amount of concrete, riprap, bridge footings, and other "hard," impermeable engineering features intended to be constructed within the stream channel and riparian or adjacent upland habitats. c. Where feasible, use bioengineering techniques to stabilize stream banks (https ://www.fema. gov/media-library/assets/documents/ 1563 3 8). d. If riprap is used, bury the riprap with soil, then plant with native riparian vegetation. e. Minimize the number and footprint of access routes, staging areas, and work areas. f. Locate access routes, staging areas, and work areas within previously disturbed or modified non -habitat areas. g. Maintain habitat connectivity under bridges or through culverts by installing ledges or dry culverts adjacent to the culverts with water flow. Design bridges that allow sunlight in to support vegetation cover, and allow shrubs to grow at either end of culverts. h. Avoid fragmenting linear riparian corridors. 2. Install limits of work fencing (e.g., orange barrier netting or silt fencing), signage, or other visible markers to delineate access routes and the project area from habitats. Use this fencing to enforce no -entry zones. 3. Hold a preconstruction briefing for onsite personnel to explain the limits of work and other conservation measures. 4. Follow regional stormwater management guidelines and design best management practices (BMPs) to control contamination, erosion, and sedimentation, such as silt fences, silt basins, gravel bags, biodegradable and wildlife friendly netting and blankets, and other controls needed to stabilize soils in denuded or graded areas, during and after construction. 5. Locate utilities along existing road corridors, and if possible, within the roadway or road shoulder. a. Bury overhead utilities whenever possible. b. Directionally bore utilities and pipes underneath habitats. 6. Develop and implement a habitat restoration plan that addresses site preparation, salvaging desirable shrubs and saplings, planting techniques, control of non-native weeds, native species seed mixtures, and post -construction monitoring. 1 PROJECT IMPLEMENTATION: 7. Contact the US Fish and Wildlife Service (Service) immediately by telephone at (303) 236- 4773 if a Preble's mouse is found alive, dead, injured, or hibernating within the project area. Please also contact the Service if any other listed species are found within the project area. 8. To the maximum extent practicable, limit disturbing (e.g., crushing, trampling) or removing (e.g., cutting, clearing) all native vegetation, such as willows, trees, shrubs, and grasses within riparian and adjacent upland habitats. a. Restrict the temporary or permanent removal of vegetation to the footprint of the project area. b. If habitat must be affected, clip to ground level vegetation that will be permanently or temporarily affected one to two weeks prior to initiation of construction to discourage use of areas where the project intersects Preble's mouse habitat. c. Minimize the use of heavy machinery and use smaller equipment and hand tools when possible. Plan heavy equipment and vehicle access to the work site via previously disturbed areas, or use a route that avoids damaging live or dormant vegetation. d. Soil compaction: Temporarily line access routes with geotextiles or other materials, especially in wet, unstable soils to protect roots and the seed bank. 9. Locate, store, stage, operate, and refuel equipment outside of riparian or adjacent upland habitats. a. Operate equipment from previously disturbed or modified roadbeds or road shoulders above the riparian habitats. b. Limit the number of entrance and exit points leading into the project area. c. Stockpile topsoil, trash and debris outside the riparian corridor and protect from stream flows or runoff. 10. To minimize impacts to the Preble's mouse, plan project construction during the species' hibernation season (approximately November 1 — April 30). If construction needs to occur during the species' active season, trim potential hibernation habitat to ground level one to two weeks prior to initiation of construction to discourage the area's use by the species as described above. 11. If the project has to be implemented during the Preble's mouse active season (May 1 through October 31), work only during daylight hours to avoid disrupting Preble's mouse nocturnal activities. 12. Utilize wildlife -proof garbage containers on site and promptly remove waste to minimize site disturbance and avoid attracting predators. 13. Cover exposed holes or piles of loose dirt with boards, tarps, or other materials to prevent entrapment. 2 14. Weed Control a. Wash and inspect vehicles and equipment before entering or leaving the project area so that they are free of noxious weed seeds and plant parts. b. Use only weed free certified materials, including gravel, sand, top soil, seed, and mulch. c. Invasive aquatic invertebrates: Resource management work often facilitates the spread of invasive species to unique and critical habitats for already endangered species. Equipment and vehicles operating in streams should be cleaned in accordance with Hazard Analysis -Critical Control Point (HACCP) guidelines: https://nctc.fws.gov/courses/HACCP/ 15. Complete construction before beginning restoration or enhancement activities. 16. Work site lighting would be restricted to the Preble's mouse hibernation season (November 1 to April 30). Any temporary lighting installed will use downcast LED full -cutoff fixtures that comply with the International Dark -Sky Association's recommendations for outdoor illumination. Shielding and directing of lighting will be used to minimize light spill off the site. POST -CONSTRUCTION: 17. Upon project completion, revegetate all disturbed areas with native shrubs, trees, forbs, and grasses. a. Rip compacted access routes prior to replanting with native vegetation. b. Fill and reseed with weed free material and native seed mixtures. c. Consult the Service before finalizing a seed species and plant species list. 18. Bury riprap, then plant with native riparian vegetation. 19. Place educational signage along retained or newly established trails in Preble's mouse habitat to inform users about the species and measures in place to protect it. Use fencing to discourage public access into sensitive habitat. Require pedestrians to stay on established trails and pets to be kept on leash. 20. Monitor revegetated areas for success. The Service can help establish success criteria during the consultation process, such as species composition and herbaceous vegetation height. 3 Hello