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Home My WebLink About20242776.tiffHEARING CERTIFICATION DOCKET NO. 2024-55 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR24-0013, FOR A 1041 MAJOR FACILITY OF A PUBLIC UTILITY, INCLUDING A 199 MEGAWATT AC SOLAR ENERGY FACILITY (SEF) ON 1,500 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 SOLAR, LLC A public hearing was conducted on October 23, 2024, at 10:00 a.m., with the following present: Commissioner Kevin D. Ross, Chair Commissioner Perry L. Buck, Pro-Tem Commissioner Mike Freeman Commissioner Scott K. James Commissioner Lori Saine Also present: Acting Clerk to the Board, Jess Reid Deputy County Attorney, Karin McDougal Department of Planning Services representative, Diana Aungst Department of Public Health and Environment representative, Lauren Light The following business was transacted: I hereby certify that pursuant to a notice dated September 16, 2024, and duly published September 18, 2024, in the Greeley Tribune, a public hearing was conducted to consider the request of Prospect Solar, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR24-0013, for a 1041 Major Facility of a Public Utility, including a 199 megawatt AC Solar Energy Facility (SEF) on 1,500 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. Karin McDougal, Deputy County Attorney, made this a matter of record. Diana Aungst, Department of Planning Services, presented a brief summary of the proposal, provided the general location of the site and mentioned 48 referrals were sent out, resulting in 17 agencies responding with comments. She stated the proposed site is owned by seven (7) private property owners. She relayed the construction period will be 24 to 36 months and provided information on the number of workers on the site during this time, the hours of construction, and details of the lighting and security fence. She outlined the numerous plans and reports submitted with the application materials and provided details from said plans/reports, as well as referral agency comments. She described the adjacent properties' zoning and uses, and relayed notice was sent to 36 surrounding property owners (SPOs) within 1,320 feet, including mineral owners and lessees. She stated four (4) letters of support were submitted with the application materials, cC: PL (DE/MN/AA/MInl/ KR/DA) t117/2H 2024-2776 PL2926 HEARING CERTIFICATION - PROSPECT SOLAR, LLC (USR24-0013) PAGE 2 11 letters of objection were received, and she outlined the concerns in said letters. She explained the applicant's public outreach efforts, which included a meeting attended by eight (8) SPOs and a meeting, at later date, with a ninth (9th) SPO. She stated there are 28 parcels within one -quarter (1/4) mile of the site, ten (10) that contain at least one (1) residence, and noted no residences are within 500 feet of the SEF boundary. El Ms. Aungst mentioned there are three (3) USRs within one (1) mile of the site, and because portions of the site are in the floodplain, a Flood Hazard Development Permit is required if there is construction in the floodplain. She described the water needs for the SEF and read comments from the Colorado Division of Water Resources (DWR) regarding the re -permitting of an SPO well for use on the SEF site. She shared, per the Development Review staff, accesses for the project are proposed to be on County Road (CR) 4 and State Highway 79, both of which will require Access Permits. She described the anticipated construction traffic, and mentioned this is an unmanned facility, so only one (1) employee, per week, will travel there to conduct site visits. She relayed Development Review is requesting an Improvements and Road Maintenance Agreement and she entered the favorable recommendation of the Planning Commission into the record, as written. She displayed images of the site and surrounding views. El Lauren Light, Department of Public Health and Environment stated, since there will be no employees at the site, they can use screened, portable toilets and bottled water during construction, which can remain onsite for operations, if necessary, and explained the circumstances that would trigger the need for permanent water and sewer service. She outlined the Dust Mitigation Plan, the noise restriction requirements, and relayed nine (9) Development Standards (DS) address the Environmental Health issues. Maggie McKenna, Horus Energy/applicant, in response to Chair Ross indicated no member of her team had had contact with any of the Commissioners regarding this case, and she highlighted the differences between the two (2) cases they presented today. (Clerk's Note: Please see the Hearing Certification for USR24-0012 [Tyler #2024-2757] for details not specified in this hearing.) Ms. McKenna displayed a PowerPoint presentation (Exhibit F) and stated the two (2) projects are adjacent to each other, with this project being located on 1,500 acres. She described the capacity of the facility, the point of interconnection, which is to the Tri-State transmission line, showed the location of the Tri-State switchyard, and reviewed the site selection criteria. Jeremy Call, Logan Simpson representative, explained Tri-State Generation and Transmission Association, Inc., is the whole -sale power dealer to United Power, Poudre Valley Rural Electric Association (PVREA), and Morgan County REA. He displayed the economic and community benefits, referenced the project studies performed, and provided public engagement details, including five (5) letters of support (Exhibit I) from adjacent SPOs. He noted the letters of objection were not from adjacent SPOs, but rather from residents outside of the notification area, and relayed they are providing customized Vegetative Screening Plans for any SPO that requested it. He explained the primary access will be from State Highway 79, which reduces wear and tear on County Roads, and mentioned they will still utilize CR 71 and 73 for access to the eastern side of the site. He relayed one (1) quarter section has a pivot water irrigation system, owned by the Helzers (participating landowners), which utilizes water leased from the Town of Castle Rock and stated the Town sent the Helzers a letter (Exhibit J) indicating said lease will end on November 30, 2024, which will result in the parcel becoming dryland. He confirmed Prospect 2024-2776 PL2926 HEARING CERTIFICATION - PROSPECT SOLAR, LLC (USR24-0013) PAGE 3 Solar will manage the weeds, they hope to restore the land to an even more successful state, after the SEF's useful life, and relayed the approach to wildlife management and mitigating adverse impacts is the same as the Janus project. (Clerk's Note: Please see the Hearing Certification for USR24-0012 [Tyler #2024-2757] for details not specified in this hearing.) Mr. Call iterated Prospect Solar had signed an interconnection agreement with Tri-State to be able to provide power to local communities. El Commissioner Ross asked by a show of hands how many people spoke during the hearing for USR24-0012 and had the same comments for this case and eight (8) people raised their hand. (Clerk's Note: Please see the Hearing Certification for USR24-0012 [Tyler #2024-2757] for individual comments provided during the public comment period.) '` Doug Cook, Keenesburg resident, stated he formerly did work for Morgan County REA and based on that experience, explained where the power from the SEF will go and what communities it will benefit. Ei Kevin Helzer, participating landowner, provided more details about his lease with the Town of Castle Rock, described the soil in the area as fair to good, and compared the minimal impacts of the SEF to the impacts of surrounding operations. Kerry Madole, participating landowner, added to the comments he made on the previous case, indicating the participating landowners are invested in the project and will be the eyes and ears to make sure the project goes well. (Clerk's Note: Please see the Hearing Certification for USR24-0012 [Tyler #2024-2757] for details not specified in this hearing.) =,' Beth Erker, participating landowner, stated their land is their retirement, and with farm rental rates being low, their other option is to sell parcels of their land for home development. She relayed the SEF allows them to keep their other farmland in production and allows the land used for the SEF to be used by future farmers. Edwin Grant, Greeley resident, cited Colorado Legislature regarding the support of local school districts. El The Board acknowledged the deletion of Condition of Approval (COA) #1.N.12, which was a duplicate of COA #1.N.8. They also acknowledged the addition of COAs #4.A (project surety), #4.G (fuel tanks), COA #4.H (re -permit well through the DWR), which was originally COA #1.A, and COA #4.I (Alta map), which was added at the request of the Weld County Oil and Gas Energy Department. They also acknowledged the change to DS #48 (the timeline in which construction or use shall commence), as the applicant requested to extend the timeframe from three (3) years to five (5) years. The Board agreed to all of the aforementioned changes. In response to Chair Ross, Ms. McKenna indicated she had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. 2024-2776 PL2926 HEARING CERTIFICATION - PROSPECT SOLAR, LLC (USR24-0013) PAGE 4 No public testimony was offered regarding changes made to the Conditions of Approval and Development Standards. le Commissioner James moved to approve the request of Prospect Solar, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR24-0013, for a 1041 Major Facility of a Public Utility, including a 199 megawatt AC Solar Energy Facility (SEF) on 1,500 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, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards, as amended, and the motion was seconded by Commissioner Saine. The motion passed 4-1 with Commissioner Freeman being opposed. (Clerk's Note: please see the Hearing Certification for USR24-0012 [Tyler # 2024-2757] for Commissioner Freeman's reasons for denial.) There being no further discussion, the hearing was completed at 2:17 p.m. This Certification was approved on the 6th day of November, 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY_ ATTEST: ,,,,et) Weld County Clerk to the Board BY•` tt ' v \ 1/I.Ja A_ Deputy Clerk to the Board Kev a D. Ross, Chai Perry L. B hk, Pro-Tem 2024-2776 PL2926 ATTENDANCE LIST DATE : ! 0 2.3 z4 NAM NT 'LEGIB. 1 -;.el /or 4e,"1 -11,-M. Amp,o. Pl crlAH4-0 Ecu.h;o o ,_,_ L R A- N "" 1a ro/d Eke tr/ 4LEx Svvd&k. At -e& 5Ja✓ K SWq, /w' tfvf6Son Mc,, c\i-, R° Ye tr F.? -e,4‘,4 f t 1$.)( -►-t. 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