HomeMy WebLinkAbout20241548.tiffMEMORANDUM
TO: Chris Gathman, Planning Services
FROM: Melissa J King, PE, CFM, Development Review
DATE: March 25, 2024
SUBJECT: USR24-0008 SEF Newton
The proposal has been reviewed 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 (SEF) in the A (Agricultural) Zone District.
This project is south of and adjacent to SH 392 and is west of and adjacent to CR 47.
Parcel number: 080323200022 Lot B RE -410.
Access is proposed onto CR 47 at AP22-00271 (Commercial).
ACCESS
Development Review has reviewed the application materials related to access.
The proposed access is onto CR 47 at the existing permitted location for AP22-00271.
It is noted that access to this portion of CR 47 is controlled by an Access Control Plan (ACP). The ACP
states that this access along with the two access points directly south "do not meet safety spacing criteria"
and should be consolidated into one access aligned with the permitted oil and gas access point on the
eastern side of CR 47 (AP15-00141).
The applicant shall coordinate the closing, reclaiming, and consolidating of the access points. The applicant
shall obtain a commercial access permit for the location prescribed by the ACP.
Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We
strongly encourage you to discuss your access location with Development Review prior to laying out your
site plan. 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
Pursuant to CRS 43-2-110(1.5), this portion of County Road 47 is designated as a County Highway. The
County Highway is designated on the Weld County Functional Classification Map (Code Ordinance 2017-
01) as an arterial road, which requires a minimum of 140 feet of right-of-way, or 180 feet of right-of-way in
some locations. Contact Public Works for the location of the current right-of-way alignment and easements
so they can be delineated accurately on the map. If the right-of-way cannot be verified it shall be dedicated.
The applicant shall also delineate the physical location of the road. Pursuant to the definition of setback in
the Weld County Code, Sec. 23-1-90, the required setback is measured from the future right-of-way line.
This road is maintained by Weld County.
The property is bounded by State Highway 392. Contact the Colorado Department of Transportation
(CDOT) to determine what right-of-way shall be shown on the submitted plat. Reference the documents
creating the right-of-way. Please contact Tim Bilobran at the Greeley office, phone number: 970-350-2163.
Per Chapter 8, Article 13, Section 8-13-30, 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/Government/Departments/Public-Works/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
Recent traffic counts (2024) counted 5,107 vehicles per day with 34 `)/0 trucks.
The traffic information submitted with the application materials indicated that during construction there will
be approximately 50 daily roundtrips of passenger vehicles, equipment hauling trucks, delivery trucks, and
fuel delivery trucks and that during operation there will be 1 monthly roundtrip of a utility vehicle.
No additional traffic information is needed, at this time.
TRACKING CONTROL
Tracking control is required to prevent tracking from the site onto public roadways. For access to paved
roads, tracking control devices can be double cattle guards with 100 ft. of asphalt or 300 ft of asphalt. For
access to gravel roads, tracking control devices must be either double cattle guards with 100 ft. 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.
This site requires approved tracking control during construction.
ROAD MAINTENANCE AGREEMENT CONSTRUCTION
Development Review is requesting a Road Maintenance Agreement including, but not limited to, dust
control and damage repair to specified haul routes during construction.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weld.gov/Government/Departments/Planning-and-Zoning/Development-Review .
DRAINAGE REQUIREMENTS
This area IS within a Non -Urbanizing Drainage Area: Non -Urbanizing Drainage Areas typically require
detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained
water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped site for NON -
URBANIZING areas.
A preliminary drainage report was submitted. An acceptable Final Drainage Report with Certificate of
Compliance, stamped and signed by a professional engineer licensed in the State of Colorado, shall be
submitted.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
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 (plan 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 an Engineering
representative from the Development Review for more information.
A Construction Stormwater Permit is also required with the State 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 is required at this location during construction. Road maintenance
includes, but is not limited to, dust control and damage repair to specified haul routes during
construction. (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. The County Highway (County Road 47) is designated on the Weld County Functional
Classification Map as an arterial road which typically requires 140 feet of right-of-way at full build
out. The alignment of the road widening project varies along the section line for the corridor.
Contact Public Works for the location of the existing and future right-of-way and easements and
delineate these on the site plan. (Development Review)
2. Show the Colorado Department of Transportation (CDOT) right-of-way on the plat along with the
documents creating the right-of-way for SH 392. (Development Review)
3. Show and label the proposed and existing access locations onto CR 47. Include access typed,
width, and turning radii on the site plan. The applicant must obtain a commercial access permit in
an approved location prior to construction. Development Review will review the proposed access
location during the review of the site plan. It may be required that some access points are to be
closed. Label those access points as "Close and Reclaim." (Development Review)
4. Show and label the drainage flow arrows. If applicable, 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 volume. (Development Review)
Prior to Construction:
A. The approved access shall be permitted and constructed; and tracking control shall be constructed
prior to on -site construction. (Development Review)
B. 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 SITE PLAN)
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. 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)
4. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
5. Weld County is not responsible for the maintenance of onsite drainage related features.
(Development Review)
6. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
Weld County
Department of Public Health and Environment
Memorandum
To: Chris Gathman
From: Lauren Light, Environmental Health Services
Date: March 12, 2024
Re: USR24-0008 Applicant: Elizabeth Anne Newton Trust c/o Pivot Solar 58, LLC &
Pivot Solar 60, LLC
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
Weld County Referral
Y
February 26, 2024
Submit by Email
The Weld County Department of Planning Services has received the following item for review:
Applicant: Elizabeth Anne Newton Trust Case Number: USR24-0008
c/o Pivot Solar 58, LLC & Pivot Solar 60, LLC
Please Reply By: March 25, 2024 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: 080323200022-R8947687 Legal: LOT B REC EXEMPT RE -410; PART NE1/4
SECTION 23, T6N, R65W of the 6th P.M., Weld County, Colorado.
Location: South of and adjacent to State Highway 392 and West of and adjacent to County Road 47.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the
Planner associated with the request. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
P
P
F -
We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature Rebecca Sears Date 2/27/2024
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: USR24-0008
Associated Parcel: 080323200022-R8947687
OGED Reviewer: Rebecca Sears
Review Date: 2/27/2024
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 five (5) plugged and abandoned (PA) wells 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
05-123-14569
Conquest Oil Company
Cannon Sureshot #1-23P
PA
05-123-12888
Conquest Oil Company
Dinner #23-1
PA
05-123-13329
Conquest Oil Company
Cannon #1-23
PA
05-123-13342
Conquest Oil Company
Cannon #1-23X
PA
05-123-13793
Conquest Oil Company
Li'l Darlin' #8-23
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: Russ Kane
To: Bradley Thomas
Cc: Chris Gathman; Kyle Sundman
Subject: RE: USR24-0008
Date: Tuesday, February 27, 2024 10:49:35 AM
Attachments: image001.pnq
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.
Thanks Bradley! See my replies in blue. Also one further ask. Like the other facility on the property,
can you post an address sign on the road side of the fence line? We can give you one as part of our
program once you have an address designated.
Chief Kane
From: Bradley Thomas<bradley.thomas@pivotenergy.net>
Sent: Monday, February 26, 2024 3:47 PM
To: Russ Kane<russ.kane@galetonfireprotectiondistrict.org>
Cc: cgathman@weld.gov; Kyle Sundman <ksundman@pivotenergy.net>
Subject: Re: USR24-0008
Hi Russ,
Thank you for reaching out. I've provided answers to your questions in red below:
1. Is there not already a solar facility on this property? Is this an expansion of said? There is a
smaller existing solar project in the southeast corner of this parcel. This USR application is for
a separate and unrelated facility and will have its own fence/gate etc. To the casual observer,
they have been designed to appear as a single facility Understood
2. Will the facility be constructed in accordance with all applicable National Fire Protection
Association Standards including NFPA 70 aka the National Electric Code? Yes, the proposed
facility will be constructed in accordance with NFPA standards, including the NEC. Understood
3. Will the facility develop, submit, file, and maintain an Emergency Response Plan (ERP) with
the district? Yes, we will create and maintain an ERP with the district. These are typically put
together by our engineering, procurement, and construction (EPC) contractor, and are
completed after the land use has been approved. I've attached a sample from one of our
other projects here for reference. We will simply need a walk through to ID the shutoffs and
access points but have no plan to enter the fence line unless there is a life safety issue. We
need your emergency contacts. You may post these at the site.
4. Will the facility train the District's Fire Officers on the ERP upon operation and retrain any
significant modifications to the plan? This isn't something Pivot typically does for our projects,
but we are open to doing this at the fire department's request. Could you elaborate a bit
more on what you would be looking for (i.e. how much time commitment you'd like to see,
number of officers, etc.)? We can engage with our EPC contractor to set up a dedicated
training day around construction mobilization time. We will simply need a walk through to ID
the shutoffs and access points but have no plan to enter the fence line unless there is a life
safety issue. We need your emergency contacts. You may post these at the site.
5. How will the facility identify the location of all critical shut offs, disconnects and no-go
areas? We will have appropriate signage onsite, and this information will be contained within
the ERP as well. Understood
6. How will the facility control vegetation around panels and distribution equipment as not to
become a receptive fuel bed that propagates wildfire that either starts interior to or from
adjacent properties? Pivot is currently evaluating whether it will be feasible to grow irrigated
crops under the panels, which would be managed by the tenant farmer who currently farms
the site. In areas that do not have active crop cultivation occuring, Pivot will utilize sheep
grazing to maintain appropriate native vegetation. Understood
7. How will the facility ensure physical security of all critical infrastructure? The facility will be
surrounded by an NEC -compliant 8' tall game fence which will have a gate at the site
entrance. Understood
8. Will the facility provide a fire break 10' in width maintained to mineral soil, rock, or pavement
around the perimeter of the facility to minimize the likelihood of a fire originating in the
facility from spreading to other properties? A two track road or other suitable alternatives
(tilling to mineral soil) will be considered. If the parcel is bordered by tilled agricultural land,
public roads, ditches or two tracks these may be used. Fires at solar facilities like the proposed
project are very rare, and the system's components are non-flammable (mostly steel, glass,
and silicon), so specifically designated fire breaks are not a common feature on our projects.
That said, there are existing breaks surrounding the project: on the west side of the site, there
is an existing two track road along the property line with cultivated agricultural fields
immediately to the west. On the south side of the site, there is also a dirt access road with
agricultural land immediately to the south. To the east, the site runs parallel to CR47, and to
the north, there are existing, actively farmed agricultural lands within the rest of the property.
Ideally, crop production will be occurring underneath the proposed solar panels as well. There
are no large unmaintained grassy areas associated with or in the immediate vicinity of the
site. Understood. House fires and oil well fires are relatively rare too but we plan for them
moreover for fire to come off the prairie/wildland into them. Our concern is that if that should
happen we can't shut in the sun or operate around compromised live DC once this happens.
This project requires no further action as proposed given the existing breaks and vegetation
management plan. However if the ag land ever goes to CRP we will need to revisit it however
unlikely.
All the Best!
Thanks
Senior Associate, Project Development
bradley.thomas@pivotenergy.net
M 415.306.6332 I LinkedIn
Pivot Energy I Clean Energy. Clear Choice
On Mon, Feb 26, 2024 at 12:23 PM Russ Kane<russ.kane@galetonfireprotectiondistrict.org>wrote:
The District has reviewed the proposed project and while it generally agrees with the use
change, requests the following clarifications before final approval. This may be answered
in the app package but I am having access difficulties with that portion.
1. Is there not already a solar facility on this property? Is this an expansion of said?
2. Will the facility be constructed in accordance with all applicable National Fire Protection
Association Standards including NFPA 70 aka the National Electric Code?
3. Will the facility develop, submit, file, and maintain an Emergency Response Plan (ERP) with
the district?
4. Will the facility train the District's Fire Officers on the ERP upon operation and retrain any
significant modifications to the plan?
5. How will the facility identify the location of all critical shut offs, disconnects and no-go
areas?
6. How will the facility control vegetation around panels and distribution equipment as not to
become a receptive fuel bed that propagates wildfire that either starts interior to or from
adjacent properties?
7. How will the facility ensure physical security of all critical infrastructure?
8. Will the facility provide a fire break 10' in width maintained to mineral soil, rock, or
pavement around the perimeter of the facility to minimize the likelihood of a fire
originating in the facility from spreading to other properties? A two track road or other
suitable alternatives (tilling to mineral soil) will be considered. If the parcel is bordered by
tilled agricultural land, public roads, ditches or two tracks these may be used.
Truly,
Ruda R'aete
MSc. CFO CWMS
Fire Chief
Galeton Fire Protection District
36060 CR 49
Eaton, CO 80615
C: 970-237-1006
.Sa#0, Sezaiee, Vaz4
galetonfireprotectiondistrict.org
..:11
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of this email is strictly prohibited. If you have received this email in error, please notify us immediately by
emailing legal@pivotenergy.net and delete the message. Thank you.
Submit by Email
Weld County Referral
February 26, 2024
The Weld County Department of Planning Services has received the following item for review:
Applicant: Elizabeth Anne Newton Trust Case Number USR24-0008
Qo Pivot Solar 58, LLC & Pivot Solar 60, LLC
Please Reply By: March 25, 2024 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 080323200022-R8947687 Legal: LOT B REC EXEMPT RE -410; PART NE1/4
SECTION 23, T6N, R65W of the 6th P.M., Weld County, Colorado.
Location: South of and adjacent to State Highway 392 and West of and adjacent to County Road 47.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the
Planner associated with the request. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
5,
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature
Agency
(:13219
DlSTR
Si GREELEY. CONSERVATION
Date (Ykvc*\ 111o22/
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
West Greeley Conservation District
(970) 356-8097
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The West Greeley Conservation District
contact our office at (970) 356-8097.
recommends that
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the
applicant does an on site soils test prior to any construction. For a more complete
have any questions please feel free to call our office.
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From:
To:
Cc:
Subject:
Date:
Attachments:
Paulina Somosa Avalos
Chris Gathman
Brittany Hathaway
USR24-0008
Monday, March 25, 2024 10:46:57 PM
image001.pnq
image002.pnq
Referral Form.pdf
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know the content is safe.
Hi Chris,
Thank you for giving the City of Greeley the opportunity to review the above -mentioned project. The subject site is
located within Greeley's Long Range Expected Growth Area (LREGA), the area in which the community
anticipates annexation and urban development to occur in the future. Please find below our comments for the
project.
Department: Community Development/ Planning
Reviewer: Paulina
Phone: (970) 336-4050
1. The following Development Code Chapters will be relevant to this project if annexed into the City of Greeley
a. Chapter 6 — Nonresidential Development Standards
i. Setbacks will be based upon surrounding development.
2. The City of Greeley has not established regulations regarding solar development. However, Chapter 11
Section 24-1102 Oil & Gas will determine landscaping standards.
Landscaping. One or more of the following landscape strategies may be required, on a site -specific basis: (1).
Adequate ground covers, shrubs, and trees. (2) Shaping cuts and fills to appear as natural forms. (3) Cutting rock
areas to create irregular forms. (4). Designing the facility to utilize natural screens. (5). Construction of fences or
walls, such as woven wood or rock, for use with or instead of landscaping.
All code sections are from the Greeley Development Code and from the City of Greeley Design Criteria and
Construction Specifications, Volumes I, II, & III. Sections of the Code or Construction Specifications are shown in
brackets as part of the review comments below.
For additional information on the City Code or the Design Criteria, see the City of Greeley web site at the following
location:
Planning: https://www.municode.com/library/co/greeley/codes/municipal code
Engineering: http: //greeleygov. com/services/design-criteria-and-construction-specifications
ORIGIN Map: hup://gis3.greeleygov.com/Html5ORIGIN/?viewer=propertyfacts
Please contact me with any questions you may have.
Sincerely,
Paulina Somosa Avalos, Planner
Paulina.SomosaAvalosPgreeleygov.com
City of Ako*r-_,,,
C.nlnracin
Greel
Paulina Somosa Avalos
Planner I
Community Development I Nanning Division
Se habla espanol
1100 10th Street
Greeley, CO 80631
P: 970.336.4050 I Paulina.SomosaAvalos@greeleygov.com
www.greelesov.com
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