HomeMy WebLinkAbout20242990.tiffMEMORANDUM
TO: Molly Wright, Planning Services
FROM: Mike McRoberts, P.E., Development Review
DATE: September 16, 2024
SUBJECT: USR24-0018 - SEF Smith
The proposal has been reviewed by Development Review on behalf of the Weld County Department of
Public Works and the Department of Planning and Zoning. Staff comments made during this phase of the
application process may not be all-inclusive, as other issues may arise during the remaining application
process.
COMMENTS
GENERAL PROJECT INFORMATION/LOCATION
Project description: Site Specific Development Plan and Use by Special Review for a Solar Energy Facility
(SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District.
This project is south of and adjacent to COUNTY ROAD 94 and is east of and adjacent to State Highway
85.
Parcel number: 055315100017.
Access is from COUNTY ROAD 94.
ACCESS
Weld County Development Review has reviewed the application materials related to access and
determined that the applicant is proposing to create one (1) new access on County Road 94 located
"roughly" across from the existing permitted access (AP20-00029) for 15685 County Road 94. To meet the
access spacing requirements of Table 1 (shown below), the proposed access shall be located directly
across from the foregoing existing access located approximately 1,335 feet east of the intersection of
County Road 94 and Highway 85.
Sec. 8-14-30. Table 1 Minimum Access SDacina Criteria (Feet
Access Element
Arterial
Collector
Local
❑istance between intersections
Signalized
2,640
N/A
N/A
Unsignalized
1,320
1,320
330
Distance between accesses and intersections
660
660
330
Distance between access points
660
330
150
Distance between access points in subdivisions
660
330
75
It should be noted that the applicant obtained a small commercial access permit (AP20-00091) in 2020.
According to the 2022 Weld County Property Portal aerial image, the corresponding access was never
constructed.
Per Section 8-14-30, an Access Permit is required for access to Weld County maintained roadways. All
"preliminarily approved" accesses are subject to change during the access permitting process. Please refer
to Chapter 8 of the Weld County Code for more information regarding access.
ROADS AND RIGHTS -OF -WAY
County Road 94 is a gravel road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. If the right-of-way cannot be
verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Section 23-1-
90, the required setback is measured from the right-of-way line. Be aware that physical roadways may not
be centered in the right-of-way. This road is maintained by Weld County.
Per, Section 8-13-30.B., a Weld County Right -of -Way Use Permit is required for any project that will be
occupying, constructing or excavating facilities within, and/or encroaching upon, any County rights -of -way
or easement. Right -of -Way Use Permit instructions and application can be found at:
https://www.weldgov.com/departments/publicworks/permits/.
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way.
The Colorado Department of Transportation (CDOT) has completed a US 85 Planning and Environmental
Linkages (PEL) Study. The objective of the US 85 PEL Study is to develop a strategic vision for US 85
between 1-76 and the Town of Nunn. Please review the US 85 PEL Study to ensure you are in compliance
with the requirements. More information about this study can be accessed at:
https://www.codot.gov/projects/us85pel.
TRAFFIC
Latest Average Daily Traffic on County Road 94 counted 284 vehicles per day with 19% trucks. The 85th
percentile speed for this portion of County Road 94 is 47 miles per hour.
The applicant submitted a Traffic Impact Memorandum stating that the project will have minimal
construction traffic impacts to the site and surrounding area. The memo also states construction is expected
to last approximately 9 months, consisting of three phases (Site Preparation, Material and Equipment
Delivery, and Installation). However, the memorandum provided no anticipated traffic counts for each
expected vehicle type, nor did it provide other traffic information required in a standard traffic narrative.
Therefore, the applicant shall provide a traffic narrative addressing the following items.
Traffic Narrative:
1. Describe how many roundtrips/day are expected for each vehicle type: Passenger Cars/Pickups,
Tandem Trucks, Semi-Truck/Trailer/RV (Roundtrip - one (1) trip in and one (1) trip out of site).
2. Describe the expected travel routes or haul routes for site traffic.
3. Describe the travel distribution along the routes (i.e. 50% of traffic will come from the north, 20%
from the south, 30% from the east, etc.).
4. Describe the time of day that you expect the highest traffic volumes.
An acceptable traffic narrative will be a condition of approval for this case.
TRACKING CONTROL
Tracking control is required to prevent tracking from the site onto public roadways. For access to gravel
roads, tracking control devices must be either double cattle guards with 100 feet of road base or road base
on all driving surfaces. Temporary Tracking Control shall be used during construction unless permanent
tracking control is installed ahead of construction activities. Recycled concrete is not allowed in County
right-of-way. A variance request for alternatives to the tracking control requirement can be submitted to
Development Review for review and consideration.
ROAD MAINTENANCE AGREEMENT FOR CONSTRUCTON ONLY
Development Review is requesting a Road Maintenance Agreement for Construction including, but not
limited to, dust control and damage repair to specified haul routes.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldgov.com/Government/Departments/Planning-and-Zoning/Development-
Review . It will detail the approved haul routes and include a maintenance agreement for the haul
routes.
DRAINAGE REQUIREMENTS
This area is within a Non -urbanizing Drainage Area. Non -urbanizing Drainage Areas typically require
detention of stormwater runoff from the 1 -hour, 100 -year storm event falling on the developed site and
release of the detained water at the historic runoff rate of the 1 -hour, 10 -year storm event falling on the
undeveloped site having a 2% impervious value.
This site consists entirely of A and B hydrologic soils which entitles the case to be exempted from
stormwater detention per Section 23-4-1030.B., of the Weld County Code. To qualify for this exemption
(exception), the applicant shall submit a drainage narrative addressing the eight items listed below and
citing Section 23-4-1030.B., of the Weld County Code for Item #1.
Drainage Narrative:
1. The exception being requested for consideration.
2. Any existing and proposed improvements to the property.
3. Where the water originates if it flows onto the property from an off -site source.
4. Where the water flows as it leaves the property.
5. The direction of flow across the property.
6. Previous drainage problems with the property, if any.
7. The location of any irrigation facilities adjacent to or near the property.
8. Any additional information pertinent to the development.
An acceptable drainage narrative will be a condition of approval for this case.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist on the
property.
GRADING PERMIT
A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications
are accepted after the planning process is complete (USR map recorded). An Early Release Request Form
may be entertained only after the applicant, Public Works and the Planning Department have reviewed the
referral and surrounding property owner comments. The Early Release Request may or may not be granted
depending on referral comments and surrounding property owner concerns. Contact Development Review
for more information.
COLORADO STORMWATER DISCHARGE PERMIT
A Colorado Construction Stormwater Permit is required for disturbing more than 1 acre. Contact: Colorado
Department of Public Health and Environment, Water Quality Control Division, 303-692-3575.
CONDITIONS OF APPROVAL
A. A Road Maintenance Agreement for Construction is required at this location. Road maintenance
includes, but is not limited to, dust control and damage repair to specified haul routes. (Development
Review)
B. A drainage narrative as defined in Section 8-11-45.A., of the Weld County Code (citing Section 23-4-
1030.B., for Item #1), is required. (Development Review)
C. A traffic narrative as defined in Section 24-3-220.B., of the Weld County Code, is required.
(Development Review)
D. The USR map shall be amended to delineate the following:
1. County Road 94 is a gravel road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label on the USR map the existing right-of-way (along with its creating documents)
and the physical location of the road. All setbacks shall be measured from the edge of right-of-
way. This road is maintained by Weld County. (Development Review)
2. Show and label the proposed access point on County Road 94, the usage types that apply
(Residential, Agricultural, Commercial and/or Oil and Gas), and the appropriate access width and
turning radii (65' minimum). Development Review will review the access location as a part of the
USR map submittal. (Development Review)
3. Show and label the approved tracking control. (Development Review)
4. Show and label the entrance gate. The gate shall be designed so that the longest vehicle (including
trailers) using the access can completely clear the traveled way when the gate is closed. The
minimum distance between the gate and traveled way is 35 feet. (Development Review)
5. Show and label drainage flow arrows. (Development Review)
6. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Development Review)
Prior to Construction:
A. The approved tracking control shall be constructed prior to on -site construction. (Development Review)
B. A Weld County Grading Permit shall be acquired if disturbing more than one (1) acre of land.
(Development Review)
C. Overweight and/or oversized special transport permits from the Department of Public Works shall be
acquired for all applicable trucks. (Development Review)
D. A Right-of-way Use Permit shall be acquired from the Department of Public Works before installation
and/or construction of any aboveground or buried features in or crossing Weld County rights -of -way.
(Development Review)
DEVELOPMENT STANDARDS (NOTES ON THE USR MAP)
1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Development Review)
3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
4. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Development Review)
5. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement for Construction. (Development Review)
6. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
7. Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
Weld County
Department of Public Health and Environment
Memorandum
To: Molly Wright
From: Lauren Light, Environmental Health Services
Date: August 29, 2024
Re: USR24-0018 Applicant: Chad & Carle Smith, c/o Pivot Energy, LLC
Environmental Health Services has reviewed this Site -Specific Development Plan and Use by
Special Review Permit for a Solar Energy Facility in the A (Agricultural) Zone District.
As no employees will be located at the site, permanent water and sewer is not required.
Screened portable toilets, hand washing units and bottled water can be utilized during
construction. A dust mitigation plan was submitted which indicates water, vegetative cover,
mulch, and wind breaks may be used. Sheep or crop production may be used under the
panels.
We recommend the following requirements are incorporated into the permit as development
standards:
1. During construction, all liquid and solid wastes (as defined in the Solid Wastes
Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for
final disposal in a manner that protects against surface and groundwater
contamination.
2. During construction, no permanent disposal of wastes shall be permitted at this site.
This is not meant to include those wastes specifically excluded from the definition of a
solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.
3. During construction, waste materials shall be handled, stored, and disposed in a
manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and
other potential nuisance conditions. The facility shall operate in accordance with
Chapter 14, Article 1 of the Weld County Code.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
4. Fugitive dust and fugitive particulate emissions shall be controlled throughout the
duration of construction of the facility.
5. During construction, adequate toilet facilities and handwashing units shall be provided.
Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand
sanitizers, be screened from public view, and removed when construction is
completed.
6. The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County Referral
Y
August 19, 2024
Submit by Email
The Weld County Department of Planning Services has received the following item for review:
Applicant: Chad & Carie Smith, c/o Pivot Energy, LLC Case Number: USR24-0018
Please Reply By: September 16, 2024 Planner: Molly Wright
Project: Site Specific Development Plan and Use by Special Review for a Solar Energy Facility (SEF) in
the A (Agricultural) Zone District
Parcel Number: 055315100017-R8956934 Legal: PART NE1/4 SECTION 15, T8N, R66W of the
6th P.M., Weld County, Colorado.
Location: SOUTH OF AND ADJACENT TO COUNTY ROAD 94; EAST OF AND ADJACENT TO
HIGHWAY 85
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the
Planner associated with the request. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
P
P
F -
We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature Date 8/27/2024
Agency Weld County Oil & Gas Energy Department
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
Weld County
Oil & Gas Energy Department
Referral Comments
Referring Agency: Weld County Department of Planning Services
Reference Number: USR24-0018
Associated Parcel: 055315100017-R8956934
OGED Reviewer: Rebecca Sears
Review Date: 8/27/2024
The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to
comment on the captioned planning case. Staff has completed review of the proposal and have no
conflicts with the proposed activity. We have included additional comments below:
1. There are no active or proposed 1041 WOGLA Permits on the associated parcel. There are
several oil and gas well sites in the area surrounding the parcel, none directly on the
associated parcel.
2. The USR lands may include additional oil and gas related infrastructure, such as off -location
flowlines or pipeline which are a use by right and not regulated by Weld County. OGED
requests that the applicant reviews flowline data available from the COGCC map viewer and
utilize Colorado 811 prior to any excavation activities.
This determination is based upon the review of the application materials submitted by the applicant and
other relevant information available on the E -Permit site.
SG
COLORADO
Division of Water Resources
Department of Natural Resources
September 16, 2024
Molly Wright
Weld County Department of Planning Services
Transmission via email: mrwright@weld.gov
Re: Chad Et Cade Smith Solar Project
Case No. USR24-0018
Pt. N 'h , Section 15, T8N, R66W, 6th P.M.
Water Division 1, Water District 1
Dear Ms. Wright:
We have reviewed the above referenced application for a Site Specific Development Plan and Use by
Special Review for a Solar Energy Facility. The submitted material does not qualify as a "subdivision"
as defined in section 30-28-101(10)(a) of the Colorado Revised Statutes ("C.R.S."). Therefore,
pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning
directors, this office will only perform a cursory review of the referral information and provide
informal comments regarding the proposed water supply. The comments do not state an opinion on
the adequacy of the water supply plan for this project or the ability of the water supply plan to
satisfy any County regulations or requirements, and cannot be used to guarantee the physical
availability of water.
The application seeks to construct a Solar Energy Facility on an 81.6 acre parcel located north of
Pierce, Colorado. The parcel has historically been used for dryland farming and there are no water
rights associated with the parcel. A secondary agricultural use such as sheep grazing or crop
production is proposed for the site. During construction, approximately 60 workers may be on -site at
a time. Maintenance crews will visit the site approximately 4-8 times a year once construction has
been completed. The water supply for these workers was not specified in the application.The
application did not specify the source of water for dust mitigation. Any water used for site workers
or dust control purposes must be obtained from a source permitted or decreed for such uses, such as
a water hauling company or bulk municipal tap.
The site currently has a well with permit no. 325436 which allows for use in up to three single family
dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the
irrigation of not more than one acre of home gardens and lawns. The well may continue to be used
for domestic purposes in accordance with the terms and conditions of its well permit.
The existing storm water flow characteristics of the sites are expected to remain unchanged,
therefore no stormwater detention facilities are proposed as a part of this project.
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Smith Solar September 16, 2024
Case No. USR24-0018 Page 2 of 2
Should you or the applicant have any questions regarding any of the above information, please
contact me at this office at 303-866-3581 ext. 8245 or kathleen.fuller@state.co.us.
Sincerely,
74:3 -idle -L
Kate Fuller, P.E.
Water Resources Engineer
Cc: Applicant/Agent (Pivot Energy, ksundman@pivotenergy.net; khockstad@pivotenergy.net)
Referral file no. 32489
Well Permit File no. 325436
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