HomeMy WebLinkAbout20242187.tiffMEMORANDUM
TO: Chris Gathman, Planning Services
FROM: Mike McRoberts, P.E., Development Review
DATE: April 15, 2024
SUBJECT: USR24-0010 - SEF Eifert
The proposal has been reviewed by Development Review on behalf of the Weld County Department of
Public Works and the Department of Planning and Zoning. Staff comments made during this phase of the
application process may not be all-inclusive, as other issues may arise during the remaining application
process.
COMMENTS
GENERAL PROJECT INFORMATION/LOCATION
Project description: A Site Specific Development Plan and Use by Special Review Permit for a Solar Energy
Facility in the A (Agricultural) Zone District.
This project is north of COUNTY ROAD 70 and is west of and adjacent to COUNTY ROAD 47.
Parcel number 080311000028.
Access is from COUNTY ROAD 47.
ACCESS
Weld County Development Review has reviewed the application materials related to access and
determined that the applicant is proposing to use an existing, unpermitted access on County Road 47
located approximately 395 feet north of County Road 70. This access location does not meet the 150 -foot
minimum access spacing requirement fora local road listed in Table 1 of Weld County Code, Section 8-14-
30.1. See Table 1 below.
Sec. 8-14-30. Table 1 Minimum Access SDacina Criteria (Feet
Access Element
Arterial
Collector
Local
❑istance between intersections
Signalized
2,640
N/A
N/A
Unsignalized
1,320
1,320
330
Distance between accesses and intersections
660
660
330
Distance between access points
660
330
150
Distance between access points in subdivisions
660
330
75
Per Section 8-14-30, an Access Permit is required for access to Weld County maintained roadways. All
"preliminarily approved" accesses are subject to change during the access permitting process. Please refer
to Chapter 8 of the Weld County Code for more information regarding access.
ROADS AND RIGHTS -OF -WAY
County Road 47 is a gravel road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. If the right-of-way cannot be
verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Section 23-1-
90, the required setback is measured from the right-of-way line. Be aware that physical roadways may not
be centered in the right-of-way. This road is maintained by Weld County.
Per, 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.weldgov.com/departments/publicworks/permits/.
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way.
TRAFFIC
Latest ADT on COUNTY ROAD 47 counted 461 vehicles/day with 40% trucks. An 85th percentile speed is
not available for this section of County Road 47.
The project is expected to generate up to 79 vehicle trips/day during material and equipment delivery
(anticipated to be up to one month at the beginning of the project and one month at the end of the project),
up to 64 vehicle trips/day during solar facility installation (6-7 months) and up to 2 vehicle trips/month during
solar facility operation. See the table below.
Project Phase
(Time Period)
Vehicle Type
Estimated Gross
Vehicle Weight
Number of Vehicles Per
Day
Maximum and Average
Vehicle Trips Per Day
Site Preparation
(approx. 1-3 weeks)
Equipment Hauling
Trucks
30.000-65,000 lbs
0-2
0-4
Passenger Vehicles
2.000-10,000 lbs
2-5
4-10
Fuel Delivery
20.000-30,000 lbs
1
2
Max — 16/Ave - 9
Material and Equipment
Delivery
(approx. 4.5 weeks)
Conex Container and
Delivery Trucks
30.000-50,000 lbs
10-30
20-60
Equipment Hauling
Trucks
20.000-40.000 lbs
0-6
0-16
Max — 79/Ave - 40
Solar facility Installation
(6.7 months)
Passenger Vehicles
2,000 to 10.000 lbs
20-30
40-60
Fuel Truck
20,000 to 30.000 lbs
1
2
Material Delivery Truck
20,000 to 30.000 lbs
1
2
Max — 64/Ave - 52
Operations
(ongoing once
operational)
Utlllty Vehicle
2,000 to 10.000 lbs
1 per month or less
Max- 2/Ave-0
To access the site, most traffic will utilize Interstate Highway 76 to County Road 49, County Road 49 north
to County Road 47, and then north on County Road 47 to the site. This route will be used during and after
construction.
No additional traffic information is needed.
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. A variance request for alternatives to the tracking control requirement can be submitted to
Development Review for review and consideration.
ROAD MAINTENANCE AGREEMENT FOR CONSTRUCTON ONLY
Development Review is requesting a Road Maintenance Agreement for Construction including, but not
limited to, dust control and damage repair to specified haul routes.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldgov.com/Government/Departments/Planning-and-Zoning/Development-
Review . It will detail the approved haul routes 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 an acceptable stormwater detention exception, in that the parcel is greater
than 5 acres and the new equivalent impervious area added by the project will be less than the 9,000 square
feet of additional 100% impervious area allowed by Exception 13 of Section 8-11-40.1.13.
No additional stormwater management information is needed.
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 1 acre. Grading Permit applications
are accepted after the planning process is complete (USR map recorded). An Early Release Request Form
may be entertained only after the applicant, Public Works and the 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 STORMWATER DISCHARGE PERMIT
A Colorado Construction Stormwater Permit is required for disturbing more than 1 acre. Contact: Colorado
Department of Public Health and Environment, Water Quality Control Division, 303-692-3575.
CONDITIONS OF APPROVAL
A. A Road Maintenance Agreement for Construction is required at this location. Road maintenance
includes, but is not limited to, dust control and damage repair to specified haul routes. (Development
Review)
B. The USR map shall be amended to delineate the following:
1. County Road 47 is a gravel road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label on the USR map the existing right-of-way (along with its creating documents)
and the physical location of the road. All setbacks shall be measured from the edge of right-of-
way. This road is maintained by Weld County. (Development Review)
2. Show and label the proposed access point on County Road 47, the usage types that apply
(Residential, Agricultural, Commercial and/or Oil and Gas), and the appropriate access width and
turning radii. Development Review will review the access location as a part of the USR map
submittal. (Development Review)
3. Show and label the approved tracking control. (Development Review)
4. Show and label the entrance gate, if applicable. (Development Review)
5. Show and label drainage flow arrows. (Development Review)
6. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Development Review)
Prior to Construction:
A. The approved tracking control shall be constructed prior to on -site construction. (Development Review)
B. A Weld County Grading Permit shall be acquired if disturbing more than one (1) acre of land.
(Development Review)
C. Overweight and/or oversized special transport permits from the Department of Public Works shall be
acquired for all applicable trucks. (Development Review)
D. Right-of-way Use Permits shall be acquired from the Department of Public Works before installation
and/or construction of any aboveground or buried features in or crossing Weld County rights -of -way.
(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 Road Maintenance
Agreement for Construction. (Development Review)
6. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
7. Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
Weld County
Department of Public Health and Environment
Memorandum
To: Chris Gathman
From: Lauren Light, Environmental Health Services
Date: April 2, 2024
Re: USR24-0010 Applicant: Blanca Lydia Eifert
Environmental Health Services has reviewed this Site -Specific Development Plan and Use by
Special Review Permit for a Solar Energy Facility in the A (Agricultural) Zone District.
As no employees will be located at the site, permanent water and sewer is not required.
Screened portable toilets, hand washing units and bottled water can be utilized during
construction. A dust mitigation plan was submitted which indicates water, vegetative cover,
mulch, and wind breaks may be used. Sheep or crop production may be used under the
panels.
We recommend the following requirements are incorporated into the permit as development
standards:
1. During construction, all liquid and solid wastes (as defined in the Solid Wastes
Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for
final disposal in a manner that protects against surface and groundwater
contamination.
2. During construction, no permanent disposal of wastes shall be permitted at this site.
This is not meant to include those wastes specifically excluded from the definition of a
solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.
3. During construction, waste materials shall be handled, stored, and disposed in a
manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and
other potential nuisance conditions. The facility shall operate in accordance with
Chapter 14, Article 1 of the Weld County Code.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
4. Fugitive dust and fugitive particulate emissions shall be controlled throughout the
duration of construction of the facility.
5. During construction, adequate toilet facilities and handwashing units shall be provided.
Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand
sanitizers, be screened from public view, and removed when construction is
completed.
6. The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Submit by Email
Weld County Referral
March 20, 2024
The Weld County Department of Planning Services has received the following item for review:
Applicant: Blanca Lydia Eifert
Please Reply By: April 17, 2024
Case Number: USR24-0010
Planner: Chris Gathman
Project: A Site Specific Development Plan and Use by Special Review Permit for a Solar Energy
Facility in the A (Agricultural) Zone District.
Parcel Number: 080311000028-R1249186 Legal: PT SE4 Section 11, T6N, R65W of the 6th P.M.,
Weld County, Colorado.
Location: West of and adjacent to County Road 47 and approximately 385 -feet north of County
Road 70.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response
not received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the
Planner associated with the request. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
P
P
F -
We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Rebecca Sears 3/27/2024
Signature Date
Agency Weld County Oil & Gas Energy
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: URS24-0010
Associated Parcel: 080311000028-R1249186
OGED Reviewer: Rebecca Sears
Review Date: 3/27/2024
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 zero (0) active oil and gas wells.
3. The parcel includes one (1) plugged and abandoned (PA) well listed in Table 1 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
05-123-14546
Francis Energy Inc.
Vannoy #16-11
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.
COLORADO
Parks and Wildlife
Department of Natural Resources
Northeast Region
6060 Broadway
Denver, CO 80216
P 303.291.7227
March 28, 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 # USR24-0010 - Pivot Solar 59 LLC Solar Gardens
Dear Chris Gathman,
Thank you for the opportunity for Colorado Parks and Wildlife (CPW) to submit formal
comments on the proposed Pivot Solar 59 LLC 5 -megawatt (MW) photovoltaic solar gardens,
located on 26 acres of private land. The Pivot Solar 59 LLC Solar gardens are located west of
Weld County Road 47 and north of CR 70 (T6N, R65W Sec. 11), on existing agricultural lands,
and are located approximately 9 miles NE of the city of Greeley. It is our understanding that
Pivot Solar 59 LLC Solar Gardens will deliver electricity directly to a local energy consumer via
Xcel Energy's "Solar * Rewards Offsite" program.
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 to promote a variety of recreational opportunities throughout Colorado. One
way we achieve this goal is by responding to referral comment requests.
CPW appreciates this early consultation from Pivot Solar 59 LLC 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
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
renewable energy development is important to meeting the State's greenhouse gas reduction
goals and improving our climate resiliency.
CPW appreciates that the developer plans to use wildlife -friendly fencing and the project is
planned outside of High Priority Habitat (HPH). CPW also encourages the following
recommendations for this solar project based on CPW's Solar Best Management Practices
(BMPs):
• CPW recommends that any installed fencing should be eight feet in height,
have round -capped posts (e.g., so wildlife isn't impaled), smooth top wire to
the fence (e.g., no top barbed wire) (or if two top strands are needed, ensure
they are at least six inches apart). The bottom wire can be barbed but should
be four inches or less from the ground. Please refer to CPW's "Fencing with
Wildlife in Mind" brochure.
• CPW recommends that the solar facility is 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. While this project
is not in HPH, it is situated next to mapped Mule deer severe winter range, so
there is a high likelihood of deer entering the solar facility. Please immediately
report mortalities, trapped or injured wildlife, or other reportable incidents to
the local District Wildlife Manager (Jackson Davis 970-342-0461) or the CPW
Area office at 970-472-4300. Please document and report these findings to CPW
annually.
• There is a potential for raptor nests to be present within a mile of the project
site. If construction is planned to occur during the raptor breeding season
(December 1 through July 31), CPW recommends conducting raptor nest
surveys prior to construction and consulting with us further if nests are present
and active.
• 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 Jackson Davis, District Wildlife Manager at Jackson.Davis®state.co.us, or by phone at
(970) 342-0461.
Respectfully,
2
VAt ei,-J-1&,
Mark Leslie, Northeast Regional Manager
Cc: Jackson Davis, District Wildlife Manager - Jackson.Davis®state.co.us
Lexi Hamous, NE Land Use Coordinator - lexi.hamous-miller@state.co.us
Jason Surface, Area 4 Wildlife Manager - jason.surface@state.co.us
3
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