HomeMy WebLinkAbout20242800.tiffLAND USE APPLICATION
SUMMARY
Planner: Chris Gathman/Diana Aungst Hearing Date: October 15, 2024
Case Number: USR24-0014
Applicant: Magnum Feedyard Co., LLC c/o Steven P. Gabel
11665 County Road 1, Wiggins, CO 80654
Representative: Taelor Solar 1, LLC c/o Matt Mooney
3300 E. 1st Avenue, Suite 675, Denver, CO 80206
Request:
A Site Specific Development Plan and Use by Special Review Permit, USR24-0014,
for the construction of a 1041 Major Facility of a Public Utility, including a Solar Energy
Facility (SEF) (solar arrays) with a generating capacity up to 650 megawatt AC; a
Battery Energy Storage Facility planned for 650 MWh with a possible increase to up
to 1,300 MWh; a substation (constructed and owned by the applicant) to interconnect
the project to the high voltage transmission system; an operations area, including an
operations and maintenance building, possible water storage, materials storage and
parking; an on -site communication system (communication lines); Meteorological
Stations (approximately 15 feet high, on posts); up to seven (7) construction trailers
and ten (10) conex containers during construction and up to four (4) conex containers,
post -construction, for parts storage, outside of subdivisions and historic townsites in
the A (Agricultural) Zone District
Part of Section 1, Township 2 North, Range 61 West of the 6th P.M., Weld County, CO
All Section 2, Township 2 North, Range 61 West of the 6th P.M., Weld County, CO
The E2 Section 3, Township 2 North, Range 61 West of the 6th P.M., Weld County,
CO
The W2 Section 3, Township 2 North, Range 61 West of the 6th P.M., Weld County,
CO
Legal Part of the E2 Section 10, Township 2 North, Range 61 West of the 6th P.M., Weld
Descriptions: County, CO
Part of the W2 Section 10, Township 2 North, Range 61 West of the 6th P.M., Weld
County, CO
The SW4NW4 and part of the SW4 Section 11, Township 2 North, Range 61 West of
the 6th P.M., Weld County, CO
The NW4NW4 Section 14, Township 2 North, Range 61 West of the 6th P.M., Weld
County, CO
The NE4NE4 Section 15, Township 2 North, Range 61 West of the 6th P.M., Weld
County, CO
The N2NE4 Section 15, Township 2 North, Range 61 West of the 6th P.M., Weld
County, CO
All Section 33, Township 3 North, Range 61 West of the 6th P.M., Weld County, CO
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Page 1 of 25
Legal The S2SE4 and the SE4SW4 Section 32, Township 3 North, Range 61 West of the 6th
Descriptions P.M., Weld County, CO
(continued):
The NW4SE4 Section 34, Township 3 North, Range 61 West of the 6th P.M., Weld
County, CO
All Section 34, Township 3 North, Range 61 West of the 6th P.M., Weld County, CO
The SW4 and the NW4SE4 Section 35, Township 3 North, Range 61 West of the 6th
P.M., Weld County, CO
The E2SE4 and the SW4SE4 Section 35, Township 3 North, Range 61 West of the
6th P.M., Weld County, CO
Location:
Acreage:
West of and adjacent to County Road 97 Section Line and east of County Road 87
Section Line; South of County Road 28 Section Line to approximately 1/4 mile south of
County Road 22
Parcel boundary: +/- 4,444 acres
Solar array: +/- 4,300 acres
Parcel Nos.:
1299-15-1-00-002
1299-01-0-00-006
1221-32-0-00-006
1221-33-0-00-002
1221-34-0-00-003
1221-34-0-00-004
1221-35-0-00-003
1221-35-0-00-004
1299-02-0-00-001
1299-03-0-00-005
1299-03-0-00-006
1299-10-1-00-005
1299-10-2-00-006
1299-11-0-00-006
1299-14-0-00-012
1299-15-0-00-009
The criteria for review of this Special Review Permit are listed in Chapter 21 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ US Fish & Wildlife Service, referral date June 14, 2024
➢ Colorado Parks and Wildlife, referral dated June 18, 2024
➢ Public Service Company of Colorado, referral dated May 29, 2024
➢ Southeast Weld Conservation District, referral dated October 8, 2024
➢ Weld County Oil & Gas Energy Department, referral dated June 4, 2024
➢ State of Colorado Division of Water Resources, referral dated May 31, 2024
➢ Colorado Department of Transportation, referral received September 30, 2024
➢ Weld County Office of Emergency Management, referral dated September 26, 2024
➢ Weld County Department of Public Health and Environment, referral dated June 26, 2024
➢ Weld County Department of Planning Services — Development Review, referral dated June 26, 2024
➢ Weld County Department of Planning Services — Floodplain Administrator, referral dated July 18, 2024
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Warren Air Force Base, referral dated May 29, 2024
➢ Weld County Sheriff's Office, referral dated May 29, 2024
➢ Weld County School District, RE -3J, referral dated May 30, 2024
➢ Southeast Weld Fire Protection District, referral dated May 30, 2024
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Xcel Energy
➢ Logan County
➢ Morgan County
➢ History Colorado
➢ Kiowa-Bijou Basin
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➢ Bison Energy Corp.
➢ Wiggins Telephone
➢ Ambulance Services
➢ Oxbow Properties Inc.
➢ Union Pacific Railroad
➢ Chesapeake Exploration
➢ US Department of Energy
➢ Weld School District RE -50J
➢ US Army Corps of Engineers
➢ Burlington Northern Railroad
➢ US Department of Transportation
➢ Environmental Protection Agency
➢ Jack Rabbit Creek Resources, LLC
➢ Western Area Power Administration
➢ State of Colorado Public Utilities Commission
➢ Occupational Safety and Health Administration
➢ State of Colorado Department of Labor & Employment
➢ Colorado Department of Public Health and Environment
➢ Colorado Energy and Carbon Management Commission
➢ Weld County Department of Planning Services — Code Compliance
➢ Weld County Department of Planning Services — Building Inspection
Case Summary:
The applicant, Taelor Solar 1, LLC c/o Matt Mooney, is requesting a 1041 Solar Energy Facility (SEF) permit
known as Taelor Solar (Project). The Project will be located on sixteen (16) parcels all owned by Magnum
Feedyard CO, LLC. The total SEF size will be approximately 4,300 acres and is generally located between
County Road 22 and County Road 28 (section line) and between County Road 87 (section line) and County
Road 97 (section line). County Road 97 is the Weld County/Morgan County, county line. Kiowa Creek and
Jackrabbit Creek travel northeast/southwest through the southern portion of the SEF. The Project will
generate about 650 -megawatt AC (MWAC). In addition to the 600,000 solar panels a Battery Energy
Storage System (BESS), substation, on -site communication system, and Meteorological (MET) Stations
are proposed. The operations area will encompass approximately ten (10) acres north of the BNSF railway
tracks on the northeast corner of County Road 26 and 91 section line ROW. The operation area will include
an operations and maintenance building, possible water storage, materials storage, and parking. Up to
seven (7) construction trailers and ten (10) conex containers are proposed during construction and up to
four (4) conex containers will remain on -site for the duration of the life of the SEF for parts storage.
One (1) or more (the exact number was not provided) Meteorological (MET) Station(s) will be permanently
installed on the Project site. These MET Stations will be placed on posts between fifteen — thirty-five (15-
35) feet tall and will remain during Project operations. The quantity and locations of MET Stations will be
determined during final design.
A railroad track crossing is proposed to cross over the Burlington Northern Sante Fe (BNSF) railroad tracks.
The applicant has stated that they are in negotiations with BNSF through its right-of-way agent, JLL, to
establish communication and electrical utility crossing rights across the railroad tracks.
Ground -mounted solar collectors will be less than ten (10) feet as measured from the highest grade below
each solar panel to the highest extent of the solar panel rotation. The SEF is not within 500 feet of any
residence.
The BESS technology, subject to final design, is expected to use lithium -based batteries housed in
containers. The BESS containers will be up to approximately 12 feet tall, 70 feet long, and 12 feet wide,
with spacing between containers based on electrical and fire protection design. The individual BESS Facility
containers will be installed close to grade, either on concrete slabs or piers depending on the exact
geotechnical conditions. The BESS structures may have "wall pak" style lights if required by the County,
but they are not included on all systems. The exact manufacturer has not yet been selected, but any
selected equipment will comply with the NFPA 855 standard for stationary energy storage, including fire
suppression, detection, and explosion control requirements.
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The project substation included in the application will be constructed by and owned by the applicant. Any
additional facilities required for the physical connection of the Project will be built and permitted separately
by Xcel Energy. The Project substation will be built at the same time as the SEF and BESS Facilities. The
substation will be constructed by and owned by the applicant.
During the twenty-four to thirty-six (24 to 36) -month construction period there will be 300-450 workers at
the site. Construction of the Project will occur during daylight hours on weekdays. Weekend construction
activities could be needed. If nighttime construction is needed, lighting will be provided by portable
downward -casting lights that will only illuminate the local work area. The construction is expected to start
with the installation of the perimeter fencing. Site preparation and the installation of solar equipment is
expected to move continuously across the site from one array to the next. Substation and interconnection
construction will occur in parallel with construction of the solar arrays.
The Project will be fenced with a seven (7) to eight (8) foot tall wild -life friendly fence in according with
Colorado Parks and Wildlife requirements. The substation and BESS compound will be surrounded with a
six (6) foot chain -link fence with a three (3) strand barbed wire outrigger.
Post construction this will be an unmanned facility having weekly site visits of one (1) 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 ten (10) trips per month.
The applicant plans to connect the proposed facility to Xcel's Clean Power Pathway 345 (kV) transmission
line that crosses the site. No Project specific transmission lines will extend beyond the project boundary.
The applicant made an interconnection filing with Xcel Energy in the first quarter of 2024 and will participate
in forthcoming round of interconnection studies.
The Project will use solar modules to convert sunlight into direct current (DC) electricity that would be
collected and converted to alternating current (AC) electricity though a system of inverters. Transformers
will step up the AC electricity to medium voltage (34.5 kV or similar) and the energy will be delivered to the
onsite substation. There the electricity will be stepped up to transmission voltage before connecting to the
bulk transmission system which is referred to as the Point of interconnection (POI). The POI will be located
near the center of the Project site in the vicinity of the BESS Facility and Project Substation.
The facility is unmanned, and no water or sewage disposal service is proposed. Bottled water and portable
toilets will be provided during construction.
A Decommissioning and Reclamation Plan along with a cost estimate was submitted with the application
materials.
Taelor Solar is split into two (2) phases. The first (1St) phase of the Project was approved by the Morgan
County Board of County Commissioners on February 6, 2024. Weld County portion is the second (2nd)
phase. Taelor Solar will encompass about 10,000 acres in total, 4,300 in Weld County and 5,700 in Morgan
County.
DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED BASED ON THE FOLLOWING APPROVAL CRITERIA:
1. The submitted materials are in compliance with the application requirements of Chapter 21 of the Weld
County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 21-7-350. A of the Weld County Code, as follows:
A. Section 21-7-350.C.1 — The health, welfare and safety of the citizens of the County will be protected
and served.
Taelor Solar 1, LLC is a proposed 1041 Solar Energy Facility (SEF) known as Taelor Solar
(Project). The Project will be approximately 4,300 acres in size and will generate about 650 -
megawatt AC (MWAC). The Project will be located on a total of seventeen (17) parcels all owned
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by Magnum Feedyard CO, LLC. The location of Taelor Solar is generally between County Road 22
and County Road 28 (section line) and between County Road 87 (section line) and County Road
97 (section line) adjacent to the Morgan County Line. Kiowa Creek travels northeast/southwest
through the southern portion of the SEF.
In addition to the —600,000 solar panels a Battery Energy Storage System (BESS), substation, on -
site communication system, and Meteorological (MET) Stations are proposed. The operations area
will encompass approximately ten (10) acres north of the BNSF railway tracks on the northeast
corner of County Road 26 and 91 section line ROW. The operation area will include an operations
and maintenance building, possible water storage, materials storage, and parking. Up to seven (7)
construction trailers and ten (10) conex containers are proposed during construction and up to four
(4) conex containers will remain on -site for the duration of the life of the SEF for parts storage.
One (1) or more (and exact number was not provided) MET Station will be permanently installed
on the Project site. This MET Station(s) will be placed on posts between fifteen — thirty-five (15-35)
feet tall and will remain during Project operations. The quantity and locations of MET Stations will
be determined during final design.
Much of the site is former pasture ground that, according to the application materials, currently has
no productive use due to overgrazing and the property owner has not been able to use it as pasture
since acquiring the land in 2021. Approximately 594 acres of the total 4,300 acres primarily along
the Kiowa Creek is predominantly in corn crop production. The owner has reported that, "...the
performance of these areas is marginal at best and does not believe this current use represents
their highest and best use."
The adjacent properties are zoned A (Agricultural) and the land uses include pastures, crops, and
rural residences. Per Section 21-2-260 the Department of Planning Services sent notice to the
forty-six (46) surrounding property owners with 1,320 feet and the owners and lessees of the
mineral estate on or under the parcels. The Department of Planning Services received two (2)
letters of support. The Department of Planning Services did not receive any letters of objection.
The Community and Agency Outreach report states that in June of 2023 the Taelor Solar team
addressed the concerns raised by Wiggins -area and eastern Weld County community members.
The changes to the Project based on the input from the public meeting include the following.
i. Reducing the area where modules would be built,
ii. Increasing setbacks to neighboring homes, and
iii. Adjusting the temporary construction traffic routing to reduce the number of impacted
neighbors by 90%.
Potential hazards associated with a SEF, BESS, and substation are fire and explosion. The
Hazards and Emergency Procedures report states that solar projects generally provide minimal
risk for explosion hazards during operation. There will be some fuel stored on site for construction
equipment.
Electrical equipment including inverters and transformers will be housed in appropriately rated
National Electric Manufacturers Association (NEMA) enclosures. Each BESS container or building
module would have its own fire detection, suppression, and alarm systems. There would be no
vegetation or other flammable fuels in the BESS and substation areas. Vegetation around buildings
and electrical equipment in the solar field will be maintained to minimize fire risk.
Taelor Solar will continue to coordinate with local fire protection districts and fire safety personnel
to ensure adequate plans and systems are in place in the unlikely event a fire issue occurs at the
solar project or BESS. Appropriate signage containing necessary contact and safety information
for the BESS will be displayed in accordance with local code and coordination with County and fire
district officials and staff. Emergency personnel will also be provided the access key or code for
the gates.
A detailed Fire Protection Plan would be provided to the County Office of Emergency Management
and the local fire district for review and approval prior to the start of construction.
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Southeast Weld Fire Protection District submitted referral agency comments dated May 30, 2024
stating that they have no concerns. The Community and Agency Outreach section of the application
materials stated that Taelor Solar has provided safety training sessions to Southeast Weld Fire
Protection District and Wiggins Rural Fire Protection District on April 9, 2024 with support from
consultant, Fire & Risk Alliance.
The Weld County Office of Emergency Management (OEM) submitted referral agency comments,
dated September 26, 2024, stating that the operators are required to provide an Emergency
Response Plan for the facility and that the operator 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.
The Design Standards (Section 23-2-240), Operation Standards (Section 23-2-250), Conditions of
Approval, and Development Standards ensure that there are adequate provisions for the protection
of health, safety, and welfare of the inhabitants of the neighborhood and County.
B. Section 21-7-350.C.2 -- The natural and socio-economic environment of the County will be
protected and enhanced.
The Taelor Solar Economic Impact Analysis provided with the application materials states that the
project will be constructed over two (2) phases that are expected to last four (4) years. The Project's
direct, indirect, and induced effects in the regional economy (i.e., Morgan and Weld Counties) are
expected to result in a total of $54.2 million of economic output, supporting 450.4 job -years (112.6
jobs per year), and $27.4 million in labor earnings over the construction period. The Project will
also produce $1.7 million of economic output, 17.7 total jobs per year and $1.2 million of labor
earnings during the operations period. Results at the state level include a total of $1.1 billion of
economic output, supporting 5,542 job -years (1,385 jobs per year), and $441.2 million of labor
earnings over the construction period; and $8.2 million of economic output, 45.2 total jobs per year
and $3.3 million of labor earnings per year during the operations period.
C. Section 21-7-350.C.3 -- All reasonable alternatives to the proposed action, including use of existing
rights -of -way and joint use of rights -of -way wherever uses are compatible, have been adequately
presented.
Access to the project site would be provided by existing roads and rights -of -way. The proposed
transmission interconnection would utilize transmission lines that cross the site therefore off -site
transmission is not required or proposed. Co -locating the Project with a major transmission line
minimizes the overall impacts. Xcel's Clean Power Pathway 345 (kV) transmission line is proposing
to cross the site. The Power Pathway 345 (kV) transmission line was approved by the Board of
County Commissioners on April 3, 2024.
D. Section 21-7-350.C.4 -- The proposed action is compatible with and represents the best interests
of the people of the County and represents a fair and reasonable utilization of resources in the
impact area.
Heritage Environmental Consultants, LLC (Heritage) held discussions with Colorado Parks and
Wildlife (CPW) department and submitted a Biological Survey Plan that identifies the method that
Heritage will use to implement pre -project surveys including a field review, swift fox surveys, greater
prairie chicken and plains sharp -tailed grouse surveys, black -tailed prairie dog surveys raptor and
nesting surveys and reporting. The Biological Survey Plan was accepted by CPW per an email
dated April 21, 2023. Both the CPW and the USFWS state that threatened and endangered species
exist on the site, including but not limited to, Western Burrowing Owls, Golden and Bald Eagles,
and the Preble's Meadow Jumping Mouse. The CPW submitted referral agency comments dated
June 18, 2024 requesting the placement of a 250 -foot -wide wildlife corridor; reducing or eliminating
night-time light to minimize wildlife attraction to Project infrastructure; and requesting that the
installation of the transmission lines follow the Avian Power Line Interaction Committee (APLIC)
standards and be installed outside the raptor nesting season.
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The U.S. Fish & Wildlife Service (USFWS) (Service) submitted referral agency comments dated
June 14, 2024 that stated that the construction of the SEF should avoid wetlands and riparian
areas. The Service also provided recommendations for protective measures for threatened and
endangered species in accordance with the Endangered Species Act (ESA).
A wildlife friendly fence will surround the entire 4,300 acres and the BESS and substation will be
enclosed with a chain -link fence with a three (3) strand barbed wire outrigger. The 1041 SEF map
shows the location of the fencing and indicates that the flow path of the Kiowa Creek will be open
(not fenced) and may meet the requirement of a 250' wildlife corridor as required by CPW.
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.
Colorado Parks and Wildlife also indicated that they would like to work with the Developer of
developing a 250 -foot wildlife corridor because the project occurs within big game wintering
habitats, recommends that the project not be lit at night and that transmission lines serving this
project be installed according to Avian Power Line Interaction Committee standards and outside of
the raptor nesting season.
The US Department of Energy, the Environmental Protection Agency, and the US Army Corps of
Engineers did not submit a referral agency response.
Weld County Oil & Gas Energy Department (OGED) submitted referral agency comments dated
June 4, 2024, indicating that there are no active or proposed 1041 WOGLA Permits on the subject
properties but there are several oil and gas encumbrances near the subject properties.
Limited grading is expected for the site. Vegetation will be removed for construction and
maintenance. Grading will occur for site roads, buildings, equipment enclosures, substation, MET
stations, and localized grading within the solar array. In other areas, vegetation will be mowed for
construction safety. The Southeast Weld Conservation District (District) submitted referral agency
comments dated October 8, 2024 which state that, "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." According to the Natural Resource Conservation Service
soil report about seventy-three (73) acres are considered Farmland of Statewide Importance. The
following table list the soils categories on the site.
Soil Type
Farmland Classification
Acres
Bresser sandy loam, low slopes
Farmland of Statewide Importance
2
Valent sand, high slopes
Not Prime Farmland
10
Bresser sandy loam, low slopes
Prime Farmland if Irrigated and the Product
of I (Soil Erodibility) X C (Climate Factor)
Does Not Exceed 60
14
Colombo clay loam, low slopes
Prime Farmland if Irrigated
727
Colombo clay loam, low slopes
Prime Farmland if Irrigated
114
Haverson loam, low slopes
Prime Farmland if Irrigated
188
Osgood sand, low slopes
Farmland of Statewide Importance
71
Valent sand, low slopes
Farmland of Local Importance
299
Valent sand, high slopes
Not Prime Farmland
3,021
Vona loamy sand, low slopes
Farmland of Local Importance
1
The Project will require water during construction primarily for dust control and consumptive use
for concrete and other needs. Water consumption during operation would be relatively low and
primarily for potable uses by site personnel and possible periodic washing of panels. Construction
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water needs are estimated to be up to approximately 250 acre-feet per year over the course of the
construction period. Estimated operational water requirements will be up to fifteen to thirty (15 to
30) acre-feet per year. Taelor Solar plans to purchase construction and operations water from the
landowner's existing wells. There are eleven (11) irrigation wells on the Project site, with well permit
numbers: 8309-RFP, 8310-RFP, 8311-RFP-R, 12356-RFP, 12357-RFP, 3967 -FP, 6984-RFP,
6985-RFP, 6986-RFP, 8793-RFP, and 14705-RFP. Per the agreement between the landowner and
Taelor Solar one or more of these wells will be transitioned to commercial be in order to be utilized
for the Project.
State of Colorado Division of Water Resources returned a referral dated May 31, 2024, stating, "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."
Sewage is not required on the site and portable toilets will be provided during construction.
E. Section 21-7-350.C.5 -- A satisfactory program to mitigate and minimize adverse impacts has been
presented, including decommissioning and reclamation.
The Taelor Solar 1041 Solar Energy Facility (SEF) is proposed to be located on 4,300 acres
generate about 650 -megawatt AC (MWAC). The Project will be located on a total of sixteen (16)
parcels all owned by Magnum Feedyard CO, LLC. The Project is generally located between County
Road 22 and County Road 28 (section line) and between County Road 87 (section line) and County
Road 97 (section line). Kiowa Creek and Jackrabbit Creek travel northeast/southwest through the
southern portion of the SEF. The Project will generate about 650 -megawatt AC (MWAC). In addition
to the 600,000 solar panels a Battery Energy Storage System (BESS), substation, on -site
communication system, and Meteorological (MET) Stations are proposed. The operations area will
encompass approximately ten (10) acres north of the BNSF railway tracks on the northeast corner
of County Road 26 and 91 section line ROW. The operation area will include an operations and
maintenance building, possible water storage, materials storage, and parking. Up to seven (7)
construction trailers and ten (10) conex containers are proposed during construction and up to four
(4) conex containers will remain on -site for the duration of the life of the SEF for parts storage.
One (1) or more (the exact number was not provided) Meteorological (MET) Station(s) will be
permanently installed on the Project site. These MET Stations will be placed on posts between
fifteen — thirty-five (15-35) feet tall and will remain during Project operations. The quantity and
locations of MET Stations will be determined during final design.
Ground -mounted solar collectors will be less than ten (10) feet as measured from the highest grade
below each solar panel to the highest extent of the solar panel rotation. The SEF is not within 500
feet of any residence.
The application materials include reports that outlined the adverse impacts and the actions that will
be taken to minimize these impacts. These reports include the following: a Photosim (visual
impacts, a Biological Survey Plan (Wildlife Study Plan and CPW Consultation), a Dust and Weed
Mitigation Plan, a Preliminary Drainage Report, a Hazards and Emergency Procedures plan, a
Preliminary Drainage Report, an Economic Impact Analysis (Socio-Economic Report), an Aquatics
Resource Survey Report (Wetland Study), and a Cultural Resources Class I Analysis, a Noise
Report, and a Glare Hazard Assessment along with a Decommissioning and Reclamation Plan.
These reports along with the remainder of the application materials outline the impacts and the
mitigation measures for the identified impacts.
Visual impact
The Project's visual impact to the adjacent residences was assessed via a series of photosims.
The visual simulations were views of the Project from the closest residences. Generally, the closest
residences will have a clear view of the Project. The visual impacts were assessed from locations
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within a half -mile radius of the proposed Project site and according to the application materials, the
Project is not generally visible from 1-76. The Project is about one -and -a -half (1.5) miles south of l-
76 at its nearest point and the visibility is partially screened by the topography and the fact that the
structural components of the Project are generally less than fifteen (15) feet tall. No screening is
proposed.
Wildlife
The U.S. Fish & Wildlife Service (USFWS) (Service) submitted referral agency comments dated
June 14, 2024 that stated that the construction of the SEF should avoid wetlands and riparian
areas. The Service also provided recommendations for protective measures for threatened and
endangered species in accordance with the Endangered Species Act (ESA). Heritage
Environmental Consultants, LLC held discussions with Colorado Parks and Wildlife (CPW)
department and submitted a Biological Survey Plan that was accepted by CPW per an email dated
April 21, 2023. Both the CPW and the USFWS state threatened and endangered species exist on
the site, including but not limited to, Western Burrowing Owls, Golden and Bald Eagles, and the
Preble's Meadow Jumping Mouse. The CPW submitted referral agency comments dated June 18,
2024 requesting the placement of a 250 -foot -wide wildlife corridor; reducing or eliminating night-
time light to minimize wildlife attraction to Project infrastructure; and requesting that the installation
of the transmission lines follow the Avian Power Line Interaction Committee (APLIC) standards and
be installed outside the raptor nesting season.
A wildlife friendly fence will surround the entire 4,300 acres and the BESS and substation will be
enclosed with a chain -link fence with a three (3) strand barbed wire outrigger. The 1041 SEF map
shows the location of the fencing and indicates that the flow path of the Kiowa Creek will be open
(not fenced) and may meet the requirement of a 250' wildlife corridor as required by CPW.
Drainage
The Preliminary Drainage Report states that, "In the existing condition, a majority of the site drains
to the north. The nearest water feature is Kiowa Creek (public), which passes through a portion of
the project site on the east. Kiowa Creek flows north-northwest to its ultimate receiving waters, the
South Platte River. The existing drainage patterns will be maintained in the proposed condition."
About 80% of the soils have a Hydrologic Soil Group rating of A or B (sandy soils) with the
remainder classified as C. The development of the Site will maintain surface flow conditions, so
runoff will flow slowly and have a greater chance of infiltration before entering Kiowa Creek. There
are no proposed features that would cause channelization within the project area. Additionally, the
impervious areas (gravel access roads and concrete inverters) are disconnected and will sheet flow
across hundreds of feet of native vegetation before entering Kiowa Creek. Finally, Kiowa Creek will
quickly convey surface runoff offsite to the north.
The areas under the solar panels will be planted with a low -maintenance, native grass seed mix,
in order to mimic natural processes to manage stormwater, seed, installing hedgerows or
windbreaks, and practicing soil conservation measures. A substation pad and BESS area is
proposed within the substation basin. Due to the change in imperviousness in this sub -basin, an
extended detention basin is proposed to capture and attenuate excess stormwater runoff from the
proposed areas.
Grading
Limited grading is expected for the site. Vegetation will be removed for construction and
maintenance. Grading will occur for site roads, buildings, equipment enclosures, substation, MET
stations, and localized grading within the solar array. In other areas, vegetation will be mowed for
construction safety.
Dust management
The Dust and Weed Management Plan states that the dust control will be needed grading, unpaved
roads, staging areas, clearing, and excavation. The existing soil types make the use of palliatives,
suppressants, and binders difficult. Taelor Solar will utilize any existing stabilized access roads as
much as possible, construct a wind barrier (such as a fence) in dominant wind direction to minimize
USR24-0014 I Taelor Solar 1, LLC
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wind erosion and blowing dust, import clayey soils to mix into top six (6) inches of sand to create a
suitable substrate for palliatives, suppressants, or binders to attach to, mix the top six (6) inches of
sandy soils with fly ash to harden soil surface, and cover unpaved road surfaces with gravel, road
base, or recycled asphalt (minimum of 4" thick). The palliatives, suppressants, or binders will not
include oil and may include potable and/or natural groundwater, magnesium chloride, and calcium
chloride.
Water
The Project will require water during construction primarily for dust control and consumptive use
for concrete and other needs. Water consumption during operation would be relatively low and
primarily for potable uses by site personnel and possible periodic washing of panels. Construction
water needs are estimated to be up to approximately 250 acre-feet per year over the course of the
construction period. Estimated operational water requirements will be up to fifteen to thirty (15 to
30) acre-feet per year. Taelor Solar plans to purchase construction and operations water from the
landowner's existing wells. There are eleven (11) irrigation wells on the Project site, with well permit
numbers: 8309-RFP, 8310-RFP, 8311-RFP-R, 12356-RFP, 12357-RFP, 3967 -FP, 6984-RFP,
6985-RFP, 6986-RFP, 8793-RFP, and 14705-RFP. Per the agreement between the landowner and
Taelor Solar one or more of these wells will be transitioned to commercial be in order to be utilized
for the Project.
State of Colorado Division of Water Resources returned a referral dated May 31, 2024, stating, "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."
Bottled water and portable toilets will be used during construction.
Noise
The Code sets maximum noise level at 55 dBA during the day and 50 dBA at night, with limits of
80 dBA and 75 dBA for temporary construction activities.
The equipment noise assessment analyzed the noise from a solar inverter (PCS) and BESS
equipment. The PCS had a maximum dBA level of 89.1 dBA measured at a distance of 4 feet. At
a distance of 250 feet the dBA would reduce to 55 dBA. The PCS will be at least 350 feet from the
nearest parcel boundary and more than 1,000 feet to the nearest residence. Based on this data
and the location of the equipment the Project will meet the noise requirements as outlined in the
Code.
The noise related to construction will be noticeable to the residents in the area. Construction is
temporary in nature and is not anticipated to exceed maximum levels at the property boundary for
construction activities. The noise would be generated along the major access routes by vehicles
delivering workers and supplies to the site. Construction is limited to daylight hours however the
application materials also state that night-time construction may be a possibility. No noise mitigation
has been submitted in the event construction continues into the night.
Glare
A Glare Hazard Assessment was submitted with the application materials. This assessment
categorized the glare into one of the three (3) ocular hazard color codes of green, yellow or red.
Green has glare with low potential to cause temporary afterimage (i.e. lingering image in a viewer's
eye associated with a flash of light) to a viewer prior to a typical blink response time. Yellow has
glare with potential to cause temporary afterimage to a viewer prior to a typical blink response time.
Red has glare with potential to cause retinal damage to a viewer prior to a typical blink response
time. The Project is not predicted to create red glare at any of the studied receptor locations.
However, assuming a resting angle of 3° for the solar panels, yellow glare was predicted on County
Road 95. The solar panels in this section, (approximately 1,160 feet long and 100 feet wide), were
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predicted to cause yellow glare between 3:30 pm and 4:30 pm from early November to early
February. Also, assuming the same resting angle of 3°, yellow glare was predicted on the BNSF
railroad from a section of the array just south of the track. The solar panels in this section,
(approximately 800 feet long and 25 feet wide), were predicted to cause yellow glare between 6:00
am and 8:00 am from late October to mid -February. This amounts to yellow glare being possible in
approximately 0.11% of the daytime annually. Taelor Solar has stated that this yellow glare will be
mitigated by ensuring that the resting angle of the solar panels will be kept between 15° and 20°.
Decommissioning and Reclamation Plan
The Decommissioning and Reclamation Plan states that all components including panels,
inverters, wire, cable, combiner boxes, transformers, racks, trackers, tracker motors, weather
monitoring, control system apparatus, non -utility owned equipment, conduits, structures, fencing,
and foundations to a depth agreed to in landowner agreements or thirty-six (36) inches will be
removed and the property will be restored to a condition reasonably similar to its condition prior to
installation of Taelor Solar or as initially agreed upon. Additionally, vegetation suitable for the
location, native to the region, and which matches surrounding vegetation will be planted.
Per Section 23-4-1030.B.4 of the Weld County Code an irrevocable standby letter of credit, bond,
or alternate form of security in an amount sufficient to fund the estimated
decommissioning/reclamation costs required by, for acceptance and approval by the Weld County
Board of County Commissioners.
F. Section 21-7-350.C.6 -- The nature and location or expansion of the facility complies with all
applicable provisions of the master plan of this County and service areas, and other applicable
regional, metropolitan, state and national plans.
The Project is generally located between County Road 22 and County Road 28 (section line) and
between County Road 87 (section line) and County Road 97 (section line) and is in a remote area
of the County adjacent to the Morgan County Line. The site is not within a Coordinate Planning
Agreement area (CPA) or a three (3) mile referral area for any municipality.
The first responders and/or emergency services that are affected with this proposal include the
Sheriff's Department and the Southeast Weld Fire Protection District. The Weld County Sheriff's
Office submitted a referral agency response dated May 29, 2024 stating that they have no concerns
and the Southeast Weld Fire Protection District also submitted referral agency comments dated
May 30, 2024 stating that they also have no concerns. The Public Outreach section of the
application materials stated that Taelor Solar has provided safety training sessions to Southeast
Weld Fire Protection District and Wiggins Rural Fire Protection District on April 9, 2024 with support
from consultant, Fire & Risk Alliance.
The Weld County Office of Emergency Management (OEM) submitted referral agency comments,
dated September 26, 2024, stating that the operators are required to provide an Emergency
Response Plan for the facility and that the operator 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.
During the twenty-four to thirty-six (24 to 36) -month construction period there will be 300-450
workers at the site. Construction of the Project will occur during daylight hours on weekdays.
Weekend construction activities could be needed. If nighttime construction is needed, lighting would
be provided by portable downward -casting lights that would only illuminate the local work area.
The construction is expected to start with the installation of the perimeter fencing. Site preparation
and the installation of solar equipment is expected to move continuously across the site from one
array to the next. Substation and interconnection construction would occur in parallel with
construction of the solar arrays.
G. Section 21-7-350.C. 7 -- The nature and location or expansion of the facility does not unduly or
unreasonably impact existing community services, nor will it create an expansion of the demand
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for government services beyond the reasonable capacity of the community or region to provide
such services, as determined by the Board of County Commissioners.
The government services significantly affected with this proposal include, but are not limited to, first
responders and/or emergency services including the Sheriff's Department and the Southeast Weld
Fire Protection District. The Weld County Sheriff's Office and the Southeast Weld Fire Protection
District submitted referral responses dated May 29, 2024 and May 30, 2024 respectively stating no
concerns.
The Weld County Office of Emergency Management (OEM) submitted referral agency comments,
dated September 26, 2024, stating that the operators are required to provide an Emergency
Response Plan for the facility and that the operator 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.
The Weld County School District RE -3J and Wiggins School District did not return referral agencies
responses.
H. Section 21-7-350. C. 8 -- The nature and location of the facility or expansion will not unduly interfere
with existing easements, rights -of -way, other utilities, canals, mineral claims or roads.
No ditches, canals, laterals or pipelines have been identified through title and survey work. The
Project will not interfere with existing easement, rights -of -way (ROWs), utilities, canals, roads or
mineral claims. All surface rights and mineral owners impacted will be notified as a part of the
permitting process. The Project has been sited adjacent to major new transmission infrastructure
(Pathways) in part to limit the ROWs and infrastructure necessary to interconnect the Project.
Based on the absence of ditches, canals and laterals that are visible or are of record, no associated
encroachment agreements or easements have been obtained.
I. Section 21-7-350.C.9 -- Adequate utilities exist or shall be developed to service the site, as
necessary.
The Project will require water during construction primarily for dust control and consumptive use
for concrete and other needs. Water consumption during operation would be relatively low and
primarily for potable uses by site personnel and possible periodic washing of panels. Construction
water needs are estimated to be up to approximately 250 acre-feet per year over the course of the
construction period. Estimated operational water requirements will be up to fifteen to thirty (15 to
30) acre-feet per year. Taelor Solar plans to purchase construction and operations water from the
landowner's existing wells. There are eleven (11) irrigation wells on the Project site, with well permit
numbers: 8309-RFP, 8310-RFP, 8311-RFP-R, 12356-RFP, 12357-RFP, 3967 -FP, 6984-RFP,
6985-RFP, 6986-RFP, 8793-RFP, and 14705-RFP. Per the agreement between the landowner and
Taelor Solar one or more of these wells will be transitioned to commercial be in order to be utilized
for the Project.
State of Colorado Division of Water Resources returned a referral dated May 31, 2024, stating, "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."
Bottled water and portable toilets will be used during construction.
J. Section 21-7-350.C.10 -- The nature and location for expansion of the facility will not unduly
interfere with any significant wildlife habitat or adversely affect any endangered wildlife species,
unique natural resource or historic landmark within the impact area.
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The Project is generally located between County Road 22 and County Road 28 (section line) and
between County Road 87 (section line) and County Road 97 (section line) and is in a remote area
of the County adjacent to the Morgan County Line. The Project is characterized as a utility -scale
Solar Energy Facility (SEF) on 4,300 -acres.
There is one (1) USR within the subject site and no USRs within one (1) mile of the exterior
boundary of the SEF: USR-1129 is located on Section 2, T2N, R61 W. This parcel is slated to be
encumbered this this USR24-0014 therefore USR-1129 shall be fully vacated. This is a Condition
of Approval.
Linear infrastructure includes, BNSF railway tracks, local, primarily gravel, roads, Kiowa and Jack
Rabbit Creeks and associated unnamed tributaries. The applicant has submitted a petition to
vacate the internal rights -of -way (ROW) in order to eliminate the setback requirement. Staff has
presented a Revocable License Agreement (RLA) as an alternative to vacating the ROW. The RLA
would allow construction in the ROW. As of the writing of this memo it was unknow whether the
ROW would be vacated or if the applicant would prefer to enter into a Revocable License
Agreement.
The U.S. Fish & Wildlife Service (USFWS) (Service) submitted referral agency comments dated
June 14, 2024 that stated that the construction of the SEF should avoid wetlands and riparian
areas. The Service also provided recommendations for protective measures for threatened and
endangered species in accordance with the Endangered Species Act (ESA). Heritage
Environmental Consultants, LLC held discussions with Colorado Parks and Wildlife (CPW)
department and submitted a Biological Survey Plan that was accepted by CPW per an email dated
April 21, 2023. Both the CPW and the USFWS state threatened and endangered species exist on
the site, including but not limited to, Western Burrowing Owls, Golden and Bald Eagles, and the
Preble's Meadow Jumping Mouse. The CPW submitted referral agency comments dated June 18,
2024 requesting the placement of a 250 -foot -wide wildlife corridor; reducing or eliminating night-
time light to minimize wildlife attraction to Project infrastructure; and requesting that the installation
of the transmission lines follow the Avian Power Line Interaction Committee (APLIC) standards and
be installed outside the raptor nesting season.
A wildlife friendly fence will surround the entire 4,300 acres and the BESS and substation will be
enclosed with a chain -link fence with a three (3) strand barbed wire outrigger. The 1041 SEF map
shows the location of the fencing and indicates that the flow path of the Kiowa Creek will be open
(not fenced) and may meet the requirement of a 250' wildlife corridor as required by CPW.
The US Department of Energy, the Environmental Protection Agency, the US Army Corps of
Engineers, and History Colorado did not submit referral agency comments.
The Southeast Weld Conservation District (District) submitted referral agency comments dated
October 8, 2024 which state that, "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."
K. Section 21-7-350.C.11 -- The geological and topographic features of the site are adequate for all
construction, clearing, grading, drainage, vegetation and other needs of the facility construction or
expansion.
The proposed Project site is suitable for the proposed solar facility development. Solar projects
have access to a range of technologies and construction methodologies that make installation
possible on a wide range of soil types and geological conditions. The pre -construction analyses
include, among others, a preliminary drainage report, erosion control plan, and vegetation
management plan.
The prevalent natural hazard is flooding from Kiowa Creek, Jack Rabbit Creek, and associated
unnamed tributaries. The referral agency comments from the Floodplain Administrator, dated July
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18, 2024, state that while there is FEMA studied 100 -year floodplain (Zone A) for Kiowa Creek, in
Morgan County just east and adjacent to the Project, is a FEMA mapped 100 -year floodplain
however the study area does not extend into Weld County. However, since there is a Special Flood
Hazard Area mapped along Kiowa Creek in Morgan County by extrapolation there is 100 -year
floodplain in Weld County along the same creek. Due to the nature of the proposed facility (i.e. a
critical 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.
Apart from the creek beds the topography is gently rolling (somewhat flat) and a combination of
crops, such as alpha, and the remainder is undeveloped land. There is only one (1) parcel with
improvements on it. The parcel on the southwest corner of County Road 26 1/2 and County Road
95 has two (2) residences, and about sixteen (16) agricultural outbuildings including grain bins,
sheds, and a Quonset hut.
Colorado Geologic Survey did not return a referral agency response. The hydrologic issues on
Project site are riverine flooding and erosive, velocities, in addition to isolated pockets of ponding.
The Southeast Weld Conservation District (District) submitted referral agency comments dated
October 8, 2024 which state that, "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."
L. Section 21-7-350.C.12 -- The existing water quality of affected state waters will not be degraded
below state and federal standards or established baseline levels.
The prevalent natural hazard is flooding from Kiowa Creek, Jack Rabbit Creek, and associated
unnamed tributaries. The referral agency comments from the Floodplain Administrator, dated July
18, 2024, state that while there is FEMA studied 100 -year floodplain (Zone A) for Kiowa Creek, in
Morgan County just east and adjacent to the Project, is a FEMA mapped 100 -year floodplain
however the study area does not extend into Weld County. However, since there is a Special Flood
Hazard Area mapped along Kiowa Creek in Morgan County by extrapolation there is 100 -year
floodplain in Weld County along the same creek. Due to the nature of the proposed facility (i.e. a
critical 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.
The US Army Corps of Engineers did not submit a referral agency response.
The Preliminary Drainage Report states that, "In the existing condition, a majority of the site drains
to the north. The nearest water feature is Kiowa Creek (public), which passes through a portion of
the project site on the east. Kiowa Creek flows north-northwest to its ultimate receiving waters, the
South Platte River. The existing drainage patterns will be maintained in the proposed condition."
About 80% of the soils have a Hydrologic Soil Group rating of A or B (sandy soils) with the
remainder classified as C. The development of the Site will maintain surface flow conditions, so
runoff will flow slowly and have a greater chance of infiltration before entering Kiowa Creek. There
are no proposed features that would cause channelization within the project area. Additionally, the
impervious areas (gravel access roads and concrete inverters) are disconnected and will sheet flow
across hundreds of feet of native vegetation before entering Kiowa Creek. Finally, Kiowa Creek will
quickly convey surface runoff offsite to the north.
M. Section 21-7-350.C.13 -- The proposed project will not have a significantly adverse net effect on
the capacities or functioning of streams, lakes and reservoirs in the impact area.
Kiowa Creek, Jack Rabbit Creek, and associated unnamed tributaries travel through the Project.
The draft 1041 map shows that the configuration of the 600,000 solar panels are such as to avoid
these stream beds.
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N. Section 21-7-350.C.14 -- The benefits of the proposed developments over the life of the project
outweigh the temporary losses of any natural resources or reduction of productivity of agricultural
lands as a result of the proposed development.
Taelor Solar 1, LLC is a proposed 1041 Solar Energy Facility (SEF) known as Taelor Solar
(Project). The Project will be approximately 4,300 acres in size and will generate about 650 -
megawatt AC (MWAC). The Project will be located on a total of seventeen (17) parcels all owned
by Magnum Feedyard CO, LLC. The location of Taelor Solar is generally between County Road 22
and County Road 28 (section line) and between County Road 87 (section line) and County Road
97 (section line) adjacent to the Morgan County Line. Kiowa Creek travels northeast/southwest
through the southern portion of the SEF.
In addition to the —600,000 solar panels a Battery Energy Storage System (BESS), substation, on -
site communication system, and Meteorological (MET) Stations are proposed. The operations area
will encompass approximately ten (10) acres north of the BNSF railway tracks on the northeast
corner of County Road 26 and 91 section line ROW. The operation area will include an operations
and maintenance building, possible water storage, materials storage, and parking. Up to seven (7)
construction trailers and ten (10) conex containers are proposed during construction and up to four
(4) conex containers will remain on -site for the duration of the life of the SEF for parts storage.
One (1) or more (and exact number was not provided) MET Station will be permanently installed
on the Project site. This MET Station(s) will be placed on posts between fifteen — thirty-five (15-35)
feet tall and will remain during Project operations. The quantity and locations of MET Stations will
be determined during final design.
The Project will add alternative energy to the grid and provide short- and long-term benefits to the
Weld County economy. The Taelor Solar Economic Impact Analysis provided with the application
materials states that the Project's direct, indirect, and induced effects in the regional economy (i.e.,
Morgan and Weld Counties) are expected to result in a total of $54.2 million of economic output,
supporting 450.4 job -years (112.6 jobs per year), and $27.4 million in labor earnings over the
construction period. The Project will also produce $1.7 million of economic output, 17.7 total jobs
per year and $1.2 million of labor earnings during the operations period. Results at the state level
include a total of $1.1 billion of economic output, supporting 5,542 job -years (1,385 jobs per year),
and $441.2 million of labor earnings over the construction period; and $8.2 million of economic
output, 45.2 total jobs per year and $3.3 million of labor earnings per year during the operations
period.
The Decommissioning and Reclamation Plan states that the expected useful life of the Project is
forty (40) years and that after about forty (40) years the land will be returned to the same condition
as it was prior to the construction of the SEF. According to the Natural Resource Conservation
Service soil report about seventy-three (73) acres of the 4,300 acres are considered Farmland of
Statewide Importance. The following table list the soils categories on the site.
Soil Type
Farmland Classification
Acres
Bresser sandy loam, low slopes
Farmland of Statewide Importance
2
Valent sand, high slopes
Not Prime Farmland
10
Bresser sandy loam, low slopes
Prime Farmland if Irrigated and the Product
of I (Soil Erodibility) X C (Climate Factor)
Does Not Exceed 60
14
Colombo clay loam, low slopes
Prime Farmland if Irrigated
727
Colombo clay loam, low slopes
Prime Farmland if Irrigated
114
Haverson loam, low slopes
Prime Farmland if Irrigated
188
Osgood sand, low slopes
Farmland of Statewide Importance
71
Valent sand, low slopes
Farmland of Local Importance
299
Valent sand, high slopes
Not Prime Farmland
3,021
Vona loamy sand, low slopes
Farmland of Local Importance
1
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O. Section 21-7-350.C.15 -- The applicant has obtained or will obtain all property rights, permits and
approvals necessary for the proposed project, including surface, mineral access rights and
easements for drainage, utilities, access, etc. If the applicant has not obtained all necessary
property rights, permits and approvals, the Board may, at its discretion, grant the permit conditioned
upon completion of the acquisition of such rights prior to issuance of a building permit by the
County.
The application materials state that the property rights required for all lands have been acquired
and that no off -site rights -of -way or easements would be required. All needed County, State and
Federal approvals will be obtained prior to construction. There are no active oil and gas leases on
the site.
The permits required prior to construction and operation include, but are not limited to, a Weld
County grading permit, a Weld County right-of-way permit, Weld County building permits, Colorado
Department of Public Health and Environment (CDPHE) Colorado Pollutant Discharge Elimination
System (CPDES) permit, and U.S. Environmental Protection Agency (USEPA) Spill Prevention,
Control and Countermeasures (SPCC) Plan.
The Wetland Survey provided in the application materials state that the Project area contains the
Kiowa Creek drainage which has been substantially affected by agricultural land use and
intervening infrastructure, e.g., 1-76, BNSF railroad, and local roads. Kiowa Creek flows northeast
and downstream of the Project area.
The results of the Wetland Survey state that the hydrological features in the Project area are
isolated waters, and not subject to the Clean Water Act (CWA). An Approved Jurisdictional
Determination issued by the USACE would be the ultimate ruling. A U.S. Army Corp of Engineers
Nationwide Permit would be required for work in jurisdictional wetlands. The U.S. Army Corp of
Engineers did not submit referral agency comments. The Preliminary Drainage Report states that,
"In the existing condition, a majority of the site drains to the north. The nearest water feature is
Kiowa Creek (public), which passes through a portion of the project site on the east. Kiowa Creek
flows north-northwest to its ultimate receiving waters, the South Platte River. The existing drainage
patterns will be maintained in the proposed condition."
About 80% of the soils have a Hydrologic Soil Group rating of A or B (sandy soils) with the
remainder classified as C. The development of the Site will maintain surface flow conditions, so
runoff will flow slowly and have a greater chance of infiltration before entering Kiowa Creek. There
are no proposed features that would cause channelization within the project area. Additionally, the
impervious areas (gravel access roads and concrete inverters) are disconnected and will sheet flow
across hundreds of feet of native vegetation before entering Kiowa Creek. Finally, Kiowa Creek will
quickly convey surface runoff offsite to the north.
P. Section 21-7-350.C.16 -- The proposed project will not present an unreasonable risk of exposure
to or release of toxic or hazardous substances within the impact area.
The application materials stated that Taelor Solar will not have toxic or hazardous materials present
on the site and that no toxic or hazardous materials are expected to be released during the
construction and operation of the project. The application materials also state that all County, State
and Federal regulations related to the management of any toxic or hazardous substances will be
followed during the construction and operation of the Project.
The application materials included a Hazards and Emergency Procedures report that indicated,
"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.
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The application materials state that batteries, fuels, oils, lubricants, and solvents would be the
primary hazardous and flammable materials that would be on -site during construction and
operation. Small quantities of additional common hazardous materials would be used on -site during
construction, including antifreeze and used coolant, latex and oil -based paint, paint thinners and
other solvents, cleaning products, and herbicides.
The applicant stated that prior to construction, the Project will develop a Hazardous Materials
Management Plan describing the specific measures that would be followed to manage and control
the use of them on site. The need for and the amount of fuel storage on the site will be determined
prior to the start of construction. The applicant has stated that a Spill Prevention Control and
Countermeasure plan will be provided prior to the start of construction. The submittal of a
Hazardous Materials Management Plan and a Spill Prevention Control and Countermeasure plan
has been added as Conditions of Approval.
The Weld County Office of Emergency Management (OEM) submitted referral agency comments,
dated September 26, 2024, stating that the operators are required to provide an Emergency
Response Plan for the facility and that the operator 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.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the 1041 USR map:
A. The applicant shall submit a USR Vacation Application to vacate USR-1129. (Department of
Planning Services)
B. The applicant shall enter into a Revocable License Agreement with Weld County in order to install
solar modules in the resolution right-of-way for portions of north/south County Roads 89, 91, 93,
and east/west County Roads 24 and 26 as applicable. (Department of Planning Services)
C. The applicant shall provide a copy of the executed crossing agreement with Burlington Northern
Santa Fe (BNSF) railroad. (Department of Planning Services)
D. The applicant shall submit documentation showing that the 3.57 -acre parcel (129915100002) is a
legal parcel or shall combine this parcel 3.57 acre -parcel with the 40.02 -acre parcel to the east
(129915000009). (Department of Planning Services)
E. The applicant shall acknowledge the concerns of the Southeast Weld Conservation District, as
stated in the referral response dated October 8, 2024. Written evidence of such shall be submitted
to the Weld County Department of Planning Services. (Department of Planning Services)
F. The applicant shall address the requirements of Colorado Parks and Wildlife, as stated in the
referral response dated June 18, 2024. Written evidence of such shall be submitted to the Weld
County Department of Planning Services. (Department of Planning Services)
G. The applicant shall address the requirements of the State of Colorado Division of Water Resources,
as stated in the referral response dated May 31, 2024. Written evidence of such shall be submitted
to the Weld County Department of Planning Services. (Department of Planning Services)
H. The applicant shall address the requirements of the Public Service Company of Colorado, as stated
in the referral response dated May 29, 2024. Written evidence of such shall be submitted to the
Weld County Department of Planning Services. (Department of Planning Services)
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I. The applicant shall address the requirements of the Colorado Department of Transportation, as
stated in the referral response dated September 30, 2024. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning Services)
J. 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)
K. 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)
L. The 1041 USR map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR24-0014 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 21-7-330.B of the Weld County Code.
(Department of Planning Services)
4. Show and label the required setbacks, in accordance with Section 23-4-1030.C.3 of the Weld
County Code. (Department of Planning Services)
5. Show and label any existing and proposed solar facility installations and electrical equipment,
power lines, structures, temporary work trailers, storage containers (limited to five (5) per
Section 23-3-30.B of the Weld County Code), storage areas and miscellaneous improvements,
as applicable. Clearly indicate which items are temporary for use during construction and which
items are permanent. (Department of Planning Services)
6. Show and label the required fencing, gates and any emergency and site identification signage,
in accordance with Section 23-2-240.A.12 and Section 23-4-1030.C.6 of the Weld County
Code. Include fence and sign specification details on the map. Refer to the Weld County Sign
Code, as amended. (Department of Planning Services)
7. Show and label the location of the trash collection areas, if applicable. Include specification
details on the USR map. Refer to Section 23-2-240.A.13. of the Weld County Code for design
criteria. (Department of Planning Services)
8. Show and label any on -site lighting, if applicable. All lighting shall be downcast and shielded
so that light rays will not shine directly onto adjacent properties. Include lighting specification
details on the USR map. Refer to Section 23-2-250.D. of the Weld County Code for design
criteria. (Department of Planning Services)
9. The applicant shall delineate on the map the trash collection areas specific to the temporary
construction laydown and staging areas. Section 23-2-240.A.13 of the Weld County Code
addresses the issue of trash collection areas. (Department of Planning Services)
10. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 of
the Weld County Code. (Department of Planning Services)
11. County Roads 22 (east of County Road 93), 26 1/2, 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)
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12. County Road 95 is a gravel road and is designated on the Weld County Functional
Classification Map as a collector road which requires eighty (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)
13. 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)
14. 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)
15. 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)
16. Show and label the approved tracking control on the USR map. (Development Review)
17. 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)
18. 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)
19. Show and label the drainage flow arrows. (Development Review)
20. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Development Review)
21. 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)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a paper map along with all other
documentation required as Conditions of Approval. The paper map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The paper map
and additional requirements shall be submitted within one hundred twenty (120) days from the date
of the Board of County Commissioners Resolution. The applicant shall be responsible for paying
the recording fee. (Department of Planning Services)
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within
the specified timeline from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance fee shall be added for each additional 3 -month period. (Department of
Planning Services)
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4. Prior to Construction:
A. The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form of
security in an amount sufficient to fund the estimated decommissioning/reclamation costs
required by Section 23-4-1030.B.4 of the Weld County Code, for acceptance and approval by
the Weld County Board of County Commissioners. Once approved, the Decommissioning and
Reclamation Plan shall be updated to include the approved security information. (Department
of Planning Services)
B. The applicant shall submit a Hazardous Materials Management Plan. (Department of Planning
Services)
C. The applicant shall submit a Spill Control and Countermeasure Plan. (Department of Planning
Services)
D. The applicant shall submit documentation on the exact quantity and locations of MET Stations.
(Department of Planning Services)
E. A Right-of-way Use Permit shall be acquired. (Development Review)
F. The approved access and tracking control shall be constructed prior to on -site construction.
(Development Review)
G. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
H. The applicant shall submit a Floodplain Development Permit. (Department of Planning Services
Floodplain Administrator)
I. The applicant shall address the requirements of the Weld County Office of Emergency
Management, as stated in the referral response dated September 26, 2024. Written evidence
of such shall be submitted to the Weld County Department of Planning Services. (Office of
Emergency Management)
5. The Use by Special Review Permit is not perfected until the Conditions of Approval are completed
and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office of
the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement (Department of Planning Services)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Taelor 1 Solar, LLC
USR24-0014
1. A Site Specific Development Plan and Use by Special Review Permit, USR24-0014, for the construction
of a 1041 Major Facility of a Public Utility, including a Solar Energy Facility (SEF) (solar arrays) with a
generating capacity up to 650 megawatt AC; a Battery Energy Storage Facility planned for 650 MWh
with a possible increase to up to 1,300 MWh; a substation (constructed and owned by the applicant) to
interconnect the project to the high voltage transmission system; an operations area, including an
operations and maintenance building, possible water storage, materials storage and parking; an on -
site communication system (communication lines); Meteorological Stations (approximately 15 feet high,
on posts); up to seven (7) construction trailers and ten (10) conex containers during construction and
up to four (4) conex containers, post -construction, for parts storage, outside of subdivisions and historic
townsites in the A (Agricultural) Zone District. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The property owner or operator shall provide written evidence of an approved Emergency Response
Plan on or before March 15th of any given year signed by representatives for the Fire District and the
Weld County Office of Emergency Management to the Department of Planning Services. (Department
of Planning Services)
4. The property owner or operator shall maintain compliance with the Emergency Response Plan.
(Department of Planning Services)
5. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
6. The facility is unmanned and will operate year-round, according to the application materials. Limited
maintenance personnel may visit the site once operational. (Department of Planning Services)
7. Height limitation. Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height,
measured from the highest grade below each solar panel to the highest extent of the solar panel rotation
per Section 23-4-1030.C.1 of the Weld County Code, as amended. (Department of Planning Services)
8. Glare. A SEF shall be designed, located or placed so that concentrated solar glare from its solar
collectors will not be directed toward or onto nearby properties or roadways at any time of the day per
Section 23-4-1030.C.2 of the Weld County Code, as amended. (Department of Planning Services)
9. Setbacks. The Improved Area of the SEF shall conform to the setback requirements of the underlying
zone. Additionally, the improved area must be at least five hundred (500) feet from existing residential
buildings and residential lots of a platted subdivision or planned unit development. The residential
setback requirement may be reduced if appropriate screening through landscape or an opaque fence
is installed, or upon submittal to Weld County of a waiver or informed consent signed by the residence
owner agreeing to the lesser setback. If landscaping or opaque fencing is substituted for setback, a
landscaping plan or fencing plan shall first be submitted to and approved by the Department of Planning
Services per Section 23-4-1030.C.3 of the Weld County Code, as amended. (Department of Planning
Services)
10. Dust mitigation. The operators of the SEF shall continuously employ the practices for control of fugitive
dust detailed in their accepted Dust Mitigation Plan per Section 23-4-1030.C.4 of the Weld County
Code, as amended. (Department of Planning Services)
11. Underground cables. All electrical cables on the improved area shall be buried, except for direct current
string wires that connect between solar collectors, direct current collection circuits between rows of
solar arrays that are no more than four (4) feet above grade crossings, substations, switchyards, and
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circuit voltages greater than 34.5 kilovolts (where necessary) per Section 23-4-1030.C.5 of the Weld
County Code, as amended. (Department of Planning Services)
12. Fencing. The SEF shall be enclosed with a security fence as approved pursuant to the Fencing Plan
shown heron. Appropriate signage shall be placed upon such fencing that warns the public of the high
voltage therein per Section 23-4-1030.C.6 of the Weld County Code. All signs shall adhere to the
adopted Weld County Sign Code, as amended. (Department of Planning Services)
13. Stormwater management. The Operator of the SEF shall comply with the approved Final Drainage
Report and the required Storm Drainage Criteria pursuant to Chapter 8, Article XI of this Code. Ground -
mounted solar collector systems shall be exempt from impervious surface calculations if the soil under
the collectors is designated hydrologic A or B soil groups by the Natural Resources Conservation
Service (NRCS) per Section 23-4-1030.C.7 of the Weld County Code, as amended. (Department of
Planning Services)
14. Access permit. Prior to construction of the SEF, the applicant shall apply for and obtain an approved
Access Permit from the Weld County Department of Planning, pursuant to the provisions of Article XIV
of Chapter 8 of this Code per Section 23-4-1030.C.8 of the Weld County Code, as amended.
(Department of Planning Services)
15. Existing irrigation systems. The nature and location or expansion of the SEF must not unreasonably
interfere with any irrigation systems on or adjacent to the solar facility per Section 23-4-1030.C.9 of the
Weld County Code, as amended. (Department of Planning Services)
16. Decommissioning. The site shall adhere to the accepted Decommissioning and Reclamation Plan.
Weld County shall have the right to draw upon the irrevocable standby letter of credit, or other form of
financial security, to pay for decommissioning in the event that the holder has not commenced
decommissioning/reclamation activities within ninety (90) days of the Board of County Commissioners'
order or resolution directing decommissioning/reclamation. (Department of Planning Services)
17. The site shall be maintained in accordance with the accepted Property Maintenance Plan. (Department
of Planning Services)
18. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. (Department of
Planning Services)
19. Any landscaped areas shall be maintained by the owner/tenant of the property, including landscaped
areas within the adjacent right-of-way. Maintenance shall include, but not be limited to, irrigating,
mowing, pruning, removal of trash and weeds, and replacement of any required plantings that become
diseased infested or otherwise unhealthy shall be replaced within the growing season or next calendar
year whichever occurs sooner. (Department of Planning Services)
20. 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)
21. The accesses to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking. (Development Review)
22. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
23. 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)
24. The Property Owner shall comply with all requirements provided in the executed Improvements and
Road Maintenance Agreement. (Development Review)
25. 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)
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26. 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)
27. 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)
28. Weld County is not responsible for the maintenance of on -site drainage related features. (Development
Review)
29. 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. (Department of Public Health and Environment)
30. 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. (Department of Public Health and Environment)
31. 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. (Department of Public Health and
Environment)
32. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility. (Department of Public Health and Environment)
33. 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. (Department of Public
Health and Environment)
34. 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. (Department of Public Health and Environment)
35. 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. (Department of Public Health and Environment)
36. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
37. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Maps. Any development shall comply with all applicable Weld County requirements,
Colorado Water Conservation Board requirements as described in Rules and Regulations for
Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR
parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or
unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation, drilling operations, or storage of equipment and materials. (Development
Review - Floodplain)
38. 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)
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39. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties.
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map. Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used
which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
40. Building permits may be required, for any new construction, set up of manufactured structures, or
change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings and
structures shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2018 International Building
Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld
County Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection. A building permit must be issued prior to the
start of construction. (Department of Building Inspection)
41. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County
Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs. (Department of
Planning Services)
42. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended.
(Department of Planning Services)
43. Construction office trailers and storage trailers and electrical services to the trailers are subject to
building permits per Section 29-3-10 of the Weld County Code. (Department of Building Inspection)
44. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
45. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
46. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the Department
of Planning Services. (Department of Planning Services)
47. Construction or Use pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of
Planning Services may grant an extension of time, for good cause shown, upon a written request by
the applicant. (Department of Planning Services)
48. A Use by Special Review shall terminate when the Use is discontinued for a period of three (3)
consecutive years, the Use of the land changes or the time period established by the Board of County
Commissioners through the approval process expires. The applicant may notify the Department of
Planning Services of a termination of the Use, or Planning Services staff may observe that the Use has
been terminated. When either the Department of Planning Services is notified by the applicant, or when
the Department of Planning Services observes that the Use may have been terminated, the Planner
shall send certified written notice to the applicant asking that the applicant request to vacate the Use
by Special Review Permit. (Department of Planning Services)
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49. In such cases where the Use by Special Review has terminated but the applicant does not agree to
request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of
County Commissioners to provide the applicant an opportunity to request that the Use by Special
Review Permit not be vacated, for good cause shown. The applicant shall be notified at least ten (10)
days prior to the hearing. If the Board of County Commissioners determines that the Use by Special
Review has terminated and no good cause has been shown for continuing the permit, then the
termination becomes final, and the Use by Special Review Permit is vacated. (Department of Planning
Services)
50. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners. (Department of Planning Services)
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September 10, 2024
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: cgathman@weld.gov
Phone: (970) 400-3537
Fax: (970) 304-6498
MOONEY MATT
310 E 100 S
MOAB, UT 84532
Subject: USR24-0014 - 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.
On parcel(s) of land described as:
All of Sections 1, 2, and 3; part of the E1/2 and part of the W1/2 of Section 10; part of the W1/2 of
Section 11; part of the NW1/4 NW1/4 of Section 14; part of the N1/2 of Section 15, in Township 2
North, and all of Sections 33 and 34; the S1/2 of Section 35; part of the S1/2 of Section 32, in
Township 3 North, all located in Range 61 West of the 6th P.M., Weld County, Colorado
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 15, 2024 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on October 30, 2024
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance
to answer any questions the Planning Commission members or Board of County Commissioners may
have.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://aca-
prod.accela.com/WELD/
Respectfully,
L.
Chris Gathman
Planner
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