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Home My WebLink About20252928.tiffMEMORANDUM TO: Matthew VanEyll, Planning Services FROM: Aaron Maurice, P.E., Development Review DATE: August 29, 2025 SUBJECT: USR25-0016 SEF The proposal has been reviewed by Development Review on behalf of the Weld County Department of Public Works and the Department of Planning and Zoning. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS GENERAL PROJECT INFORMATION/LOCATION Project description: A Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. This project is north of and adjacent to County Road 66 and is west of County Road 31. Parcel number: 080521400059. ACCESS Development Review has reviewed the application materials related to access. The applicant is proposing to utilize an existing, permitted access (AP19-00261) onto County Road 66 located approximately 1,965 feet west of County Road 31. The proposed access shall comply with all technical and safety criteria found in Chapter 8, Article XIV of the Weld County Code, including minimum sight distance and the geometric specifications listed in Table 8-3 below. Table 8-3 Access Geometry Type of Land Use Maximum Access Width at ROW Access Radii Single-family residential 24 feet wide 25 feet minimum Commercial/Industrial/Agricultural 40 feet wide 65 feet minimum Per Section 8-14-30, of the Weld County Code, an Access Permit is required for access to Weld County maintained roadways. Refer to Section 8.5, of the Weld County Engineering and Construction Criteria manual, for more information regarding access. ROADS AND RIGHTS -OF -WAY County Road 66 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2024-01) as a collector road, which requires 80 feet of future right-of-way. Pursuant to the definition of setback in the Weld County Code, Section 23-1- 90, the required setback is measured from the future 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 Chapter 8, Article 13, 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.weld.gov/Government/Departments/Public-Works/Permits/Right-of-Way-Permits. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. TRAFFIC Latest Average Daily Traffic on County Road 66 counted 228 vehicles per day with 31% trucks. The 85th percentile speed is 45 miles per hour. Per the applicant's traffic information, the following traffic is expected to occur during construction: • Site Preparation (approximately 1 to 3 weeks): o Maximum: 20 vehicle trips per day o Average: 14 vehicle trips per day o Vehicle types: semi -trucks, WB-50 equipment hauling trucks, delivery trucks, and pickup trucks o Estimated gross vehicle weight: 2,000 to 66,000 lbs. • Material and Equipment Delivery (approximately 4 to 5 weeks): o Maximum: 64 vehicle trips per day o Average: 40 vehicle trips per day o Vehicle types: Conex container trucks, semi -trucks, and pickup trucks o Estimated gross vehicle weight: 2,000 to 66,000 lbs. • Solar Facility Installation (6 to 7 months): o Maximum: 98 vehicle trips per day o Average: 41 vehicle trips per day o Vehicle types: Conex container trucks, semi -trucks, and pickup trucks o Estimated gross vehicle weight: 2,000 to 40,000 lbs. The travel route during construction will likely be State Highway 85 to State Highway 392; then west on State Highway 392 to County Road 31; then south on County Road 31 to County Road 66; then west on County Road 66 to the project access. TRACKING CONTROL Tracking control is required to prevent tracking from the site onto public roadways. For access to gravel roads, permanent tracking control must be either double cattle guards with 100 feet of road base, or road base on all driving surfaces. ROAD MAINTENANCE AGREEMENT FOR CONSTRUCTION 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.weld.gov/Government/Departments/Planning-and-Zoning/Improvements-Agreements DRAINAGE REQUIREMENTS This area is within an Urbanizing Drainage Area. Ubanizing 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, 5 -year storm event falling on the undeveloped site having a 2% impervious value. The project site is located on soils comprised of Hydrologic Soil Groups A and B. Per Section 23-4-1030.B.1, this project qualifies for an exemption to stormwater detention. No additional drainage measures are required. Historic Flows: The applicants will be required to maintain the historic drainage flows and runoff amounts that exist on the property. GRADING PERMIT A Weld County Grading Permit will be required if disturbing more than one (1) acre of land. Grading Permit applications are accepted after the planning process is complete (map recorded). An Early Release Request Form may be entertained only after the applicant 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. A Colorado Stormwater Discharge Permit is required when disturbing more than one (1) acre of land. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692- 3575. CONDITIONS OF APPROVAL A. A Road Maintenance Agreement for Construction is required at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. (Development Review) B. The USR map shall be amended to delineate the following: 1. County Road 66 is a gravel road and is designated on the Weld County Functional Classification Map as a collector road which requires 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 its creating document) and the physical location of the road. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Development Review) 2. Show and label the approved tracking control. (Development Review) 3. 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) 4. Show and label the drainage flow arrows. (Development Review) 5. Show and label the project access onto CR 66 at the permitted location, approximately 1,965 feet west of CR 31. (Development Review) Prior to Construction: A. The approved access and tracking control shall be constructed. (Development Review) B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (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) 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 will be maintained on the site. (Development Review) Weld County Referral Y July 11, 2025 The Weld County Department of Planning Services has received the following item for review: Applicant: Patricia Buxman, c/o Pivot Energy Inc. Case Number: USR25-0016 Please Reply By: August 8, 2025 Planner: Matthew VanEyll Project: A Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Parcel Number: 080521400059-R4722407 Legal: LOT B CORR REC EXEMPT CORR RE -4576; PART SE4 SECTION 21, T6N, R66W of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to CR 66; approximately 0.25 miles west of CR 31. 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. [ 1 We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: [ 1 We have reviewed the request and find no conflicts with our interests. XSee attached letter. Signature c5'ig. Agency Oil & Gas Energy Dept. Date 8/13/25 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 Planning Dept. Reference Number: USR25-0016 Associated Parcel: 080521400059 OGED Reviewer: Tyler Seno Review Date: 8/13/2025 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 included additional comments below: 1. There are no active 1041 WOGLA Permit on the associated parcels. There are several oil and gas well sites on and in the area surrounding the parcel. 2. The parcel includes no active oil and gas wells. 3. The parcel includes two (2) plugged and abandoned (PA) wells listed below. Additional information regarding the plugged and abandoned wells is available from the Energy & Carbon Management Commission (ECMC). OGED recommends that the Applicant review this information and contact the responsible operator regarding well infrastructure that may have been abandoned in place prior to conducting operations in proximity to the wells. API Operator Well Title Well Status 05-123-17627 Noble Energy Inc Kohler #21-10 PA 05-123-11918 Noble Energy Inc Kohler, J #1-21 PA 4. The subject lands may include additional oil and gas related infrastructure, such as off - location flowlines or pipelines which are a use by right and not regulated by Weld County. OGED requests that the applicant reviews flowline data available from the ECMC map viewer and utilize Colorado 811 prior to any excavation activities. 5. Condition to Locate Subsurface Utilities. Mr. Cavanagh, the Director of the Oil and Gas Energy Department indicates that, for safety concerns, all the subsurface utilities, including but not limited to, all oil and gas pipelines, flowlines etc. should be located. The Condition asks for an ALTA survey map to be provided to Weld County prior to construction, for review and approval before construction proceeds. These comments and recommendations are based upon the review of the application materials submitted by the applicant and other relevant information available on the E -Permit site. Weld County Referral July 11, 2025 The Weld County Department of Planning Services has received the following item for review: Applicant: Patricia Buxman, c/o Pivot Energy Inc. Case Number: USR25-0616 Please Reply By: August 8, 2025 Planner: Matthew VanEyll Project: A Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Parcel Number: 080521400059-84722407 Legal: LOT B CORR REC EXEMPT CORR RE -4576; PART SE4 SECTION 21, T6N, R66W of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to CR 66; approximately 0.25 miles west of CR 31. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. [ ] We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: [ile We have reviewed the request and find no conflicts with our interests. i] See attached le.ter. Signature Agency \.N- S+ ;firCeIeCormorvA1iovi o -f nc Date : do, tJ T II a!Jac Weld County Planning Dept. PO Box 758, Greeley, CO 80632 TeI:(970)-400-6100 Fax:(970)-304-6498 40° 28 29" N 2 40° 28' 9" N 1040 47 ©" W 518390 518480 518530 519600 518670 518740 518810 1040 47o"W 518390 518460 Custom Soil Resource Report Soil Map (USDA Soil Report) 518530 Mil (An/ D) —w blot cuaUV ishrg cat N A Map Scale: 1:3,060 if printed on A portrait (8.5"x 11") sheet. 518600 518670 0 45 90 180 Feet 0 100 200 400 600 Map projection: Web Mercator Corner oordinabes: WGSS4 Edge tics: UTM Zone 13N WGSS84 Meters 270 518740 518810 :§ 40° 28'24" N 40° 28'9'N 9 West Greeley Conservation District (970) 356-8097 Below is a list of the soils and their limitations according to the USDA, Weld County Soil Surve Map Symbol Soil Name 32 Kim 33 Kim 47 Olney Soil Texture Loam Loam Fine Sandy Loam Shallow Excavations Slight Slight Slight Dwellings without Slight Dwellings with basements Slight Small Septic Tank Prime Farm Commercial Absorption Land (if Slight Slight Slight Slight Yes No Yes Additional Comments The West Greeley Conservation District recommends that the applicant does an on site soils test prior to any construction. For a more complete soils description consult the Weld County Soil Survey or contact our office at (970) 3S6-8097. If you or the applicant have any questions please feel free to call our office. WEST GREELEY CONSERVATI _ N DISTRICT Ay �•a 4 l L i 1_ i. .+-• • :-4. w•. i r_ 1 _14 elf 'art! , a • l • T' t • 41 a A Ili se A • f R ►. 1 1 Produced by the West Greeley Conservation District Weld County Referral Y July 11, 2025 The Weld County Department of Planning Services has received the following item for review: Applicant: Patricia Buxman, c/o Pivot Energy Inc. Case Number: USR25-0016 Please Reply By: August 8, 2025 Planner: Matthew VanEyll Project: A Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Parcel Number: 080521400059-R4722407 Legal: LOT B CORR REC EXEMPT CORR RE -4576; PART SE4 SECTION 21, T6N, R66W of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to CR 66; approximately 0.25 miles west of CR 31. 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. [1 [1 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 Sam Eddy Agency City of Greeley Community Development Date 08/08/2025 Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 (Greeley rep e SENT VIA EMAIL ONLY August 8, 2025 Mathew VanEyll 1402 North 17th Avenue Greeley, CO 80634 mbaneyll@weld.gov Re: Weld County Referral USR25-0016 (REF2025-0022) Matthew: Thank you for providing the City of Greeley with the opportunity to review the above -mentioned project. The subject site is located inside of Greeley's Long Range Expected Growth Area (LREGA), and thus the Planning department has some comments regarding the land use of the area and its place within the surrounding developments. Comments - Planning: 1. Advisory — Greeley's current LREGA lists the land that the proposed solar field is on as rban reserve. Land to the south is considered future commercial. Land to the east is within the City's limits and currently zoned Residential Estate. While Greeley will allow solar in any zoning, we recommend the maximum screening available for areas adjacent to current residential and potential residential development. No Comments from Engineering Development Review. Sincerely, Sam Eddy Planning Technician Sam.Eddy@greeleygov.com cc: Brittany Hathaway, Development Review Manager brittany.hathaway@greeleygov.com For additional information on the City Code or the Design Criteria, see the City of Greeley web site at the following location: Planning: https://www.municode.com/library/co/greeley/codes/municipal code Engineering: http: //greeleygov. com/services/design-criteria-and-construction-specifications ORIGIN Map: http://gis3.greeleygov.com/Html5ORIGIN/?viewer= proper Community Development -Planning Division . 1100 10th Street, Ste. 202, Greeley, CO 80631 . (970) 350-9780 Fax (970) 350-9800 A City Achieving Community Excellence COLORADO Parks and Wildlife Department of Natural Resources Northeast Region 6060 Broadway Denver, CO 80216 P 303.291.7227 August 13, 2025 Weld County Planning Department Attention: Matthew VanEylt 1402 North 17th Ave Greeley, CO 80631 970-400-6100 mvaneyll@weld.gov Re: CPW referral letter for Case # USR25-0016 - Pivot Solar 66, 67, a 68 LLC Solar Gardens Dear Matthew VanEyll, Thank you for the opportunity for Colorado Parks and Wildlife (CPW) to submit formal comments on the proposed Pivot Solar 66, 67, &t 68 LLC's (Pivot Solar) three directly co -located 9 -megawatt (MW) photovoltaic solar gardens (Project), located on 56.34 acres of private land. The Project would be located west of N 59th Avenue and north of Weld County Road 66 (T6N, R66W Sec. 21), on existing agricultural lands approximately 2.5 miles northwest of the City of Greeley. It is our understanding that the Project would deliver electricity directly to a local energy consumer via Xcel Energy's "Solar*Rewards Offsite" program. The mission of CPW is to perpetuate the wildlife resources of the state, to provide a quality state parks system, and to provide enjoyable and sustainable outdoor recreation opportunities that educate and inspire current and future generations to serve as active stewards of Colorado's natural resources. CPW has a statutory responsibility to manage all wildlife species in Colorado and promote various recreational opportunities throughout Colorado. One way we achieve this goal is by responding to referral comment requests. CPW appreciates this early consultation from Pivot Solar and Weld County because it can lead to a responsibly developed project that works toward achieving state solar goals while protecting sensitive wildlife species, habitats, and time frames. We recognize renewable energy development is important to meeting the State of Colorado's greenhouse gas reduction goals and improving climate resiliency. CPW appreciates that the applicant plans to install wildlife -friendly perimeter fencing, and the Project is proposed to be located outside of CPW designated High Priority Habitats (HPH). CPW also encourages the following recommendations for this Project based on the attached CPW's Best Management Practices (BMP) for Solar Energy Development: • Given there is suitable nesting habitat and an active, mapped Red-tailed hawk nest to the southeast of the proposed location, CPW recommends that a raptor nest survey be conducted prior to construction and that applicable nest protection buffers be applied if construction is to occur during the avian nesting season. The avian nesting season in Colorado for eagles occurs from December 1 to July 31. For other raptor species, the nesting season in Colorado occurs from February 1 through July 31. Please see the attached Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors (CPW 2020) for complete recommendations to avoid and minimize impacts to nesting raptors • CPW recommends that the solar facility be checked weekly, either remotely or in person (or escape structures be installed inside the fenced area), to allow wildlife to escape if they become trapped within the facility. o Please immediately report mortalities, trapped or injured wildlife, or other reportable incidents to the local District Wildlife Manager (Jackson Davis 970-342-0461). CPW also recommends that all wildlife issues be documented and reported to CPW annually. • CPW recommends that the Project area not be lit at night to minimize wildlife attraction to Project infrastructure and limit impacts to hunting, migration, or other nocturnal activities of wildlife. • For the eventual consultation regarding transmission lines to the Project, CPW recommends that they be installed according to the published 2024 Avian Power Line Interaction Committee (APLIC) standards and outside the raptor nesting season. Also, CPW recommends that bird diverters be installed within '/a -mile of any lake, drainage, or riparian area and within the raptor nesting buffer for occupied nests. • Please notify CPW when the facility will be built for our records. If you have any additional questions regarding wildlife concerns for this property, please contact Jackson Davis, District Wildlife Manager at Jackson.Davis@state.co.us, or by phone at (970) 342-0461. 2 Respectfully, 7i7caR ce.#24.1444 Mark Leslie, Northeast Regional Manager Cc: Jackson Davis, District Wildlife Manager - Jackson.Davis@state.co.us Sierra Focht, Renewable Energy Liaison - sierra.focht@state.co.us Jason Surface, Area 4 Wildlife Manager - jason.surface@state.co.us Brandon Muller, Assistant Area 4 Wildlife Manager - brandon.muller®state.co.us Andrew Newman, Senior Energy and Land Use Coordinator - and rew. newman@state.co.us 3 COLORADO Division of Water Resources Department of Natural Resources September 15, 2025 Matthew VanEyll Weld County Department of Planning Services Transmission via email: mvaneytt@weld.gov Re: Pivot Energy Solar Project Case No. USR25-0016 Pt. SE1 /4, Section 21, T6N, R66W, 6th P.M. Water Division 1, Water District 3 Dear Mr. VanEyll: 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."J. 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 a 56 acre parcel located northwest of Greeley. The parcel has historically been used for agricultural production. A secondary agricultural use such as sheep grazing is proposed for the site. During construction, approximately 40 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 proposed to be bottled water with portable toilets made available. The application did not specify the source of water for dust mitigation. Any water used for site workers, dust control purposes, or irrigation 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. 336558 which allows for use in up to three single family dwellings, the watering of poultry, domestic animals and livestock on a farm or 1313 Sherman street, Room 821, Denver, co .80203 P3.0.1.866.3581 hit t r : fidwr. color Lido . y oy ..A.red 'S_ Polls, Governor I Dan Gibbs, Executive Director I Jason T U llrnei iiii, slate Lr i ineer.i Qire cLor Pivot Energy September 15, 2025 Case No. USR25-001 b Page 2 of 2 ranch and the irrigation of not more than one acre of home gardens and lawns. The welt may continue to be used for domestic purposes in accordance with the terms and conditions of its welt 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. 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, Kate Fuller, P.E. Water Resources Engineer Ec: Referral file no. 34392 Well Permit File no. 336558 XcelEnergysM PUBLIC SERVICE COMPANY August 4, 2025 The Weld County Planning Department 1402 North 17th Ave Greeley, CO 80631 Attn: Matthew VanEyll Re: Pivot Energy, Case # USR25-0016 Right of Way & Permits 1123 West 3rd Avenue Denver, Colorado 80223 Telephone: 303.285.6612 violeta.ciocanu@xcelenergy.com Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk has reviewed the plan for Pivot Energy. Please be aware PSCo owns and operates existing overhead electric distribution facilities within the 30 -foot access easement. The property owner/developer/contractor must complete the application process for any new electric service, or modification to existing facilities via xcelenergy.com/InstallAndConnect. It is then the responsibility of the developer to contact the Xcel Designer assigned to the project for approval of design details. If additional easements need to be acquired by separate PSCo document (i.e. transformer), a Right -of -Way Agent will need to be contacted by the Designer. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center by dialing 811 for utility locates prior to construction. Violeta Ciocanu (Chokanu) Right of Way and Permits Public Service Company of Colorado dba Xcel Energy Office: 303-285-6612 — Email: violeta.ciocanu@xcelenergy.com Hello