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Home My WebLink About20251281.tiffMEMORANDUM TO: Diana Aungst, Planning Services FROM: Melissa J King, PE, CFM, Development Review DATE: March 13, 2025 SUBJECT: USR24-0027 SEF — Coors Banquet The proposal has been reviewed on behalf of the Weld County Department of Public Works and the Department of Planning and Zoning. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS GENERAL PROJECT INFORMATION/LOCATION Project description: A 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 CR 59 and is west of and adjacent to unmaintained CR 61 right-of-way. Parcel number: 121536200006. Access is proposed onto CR 59. ACCESS Development Review has reviewed the application materials related to access. The applicant proposes to use unmaintained CR 61 right-of-way to access onto CR 59. This portion of CR 59 is under the jurisdiction of the Town of Keenesburg (Rattler Ridge Annexation). Please contact the Town concerning access permitting. ROADS AND RIGHTS -OF -WAY The applicant will use unmaintained County Road 61 right-of-way to access CR 59. The submitted plan shall show any unmaintained rights -of -way or private easements used to access CR 59. Maintenance requirements for CR 61 right-of-way will be included in the Right -of -Way Use Permit. This portion of County Road 59 is under the jurisdiction of the Town of Keenesburg. The municipality has jurisdiction over access to the road. Please contact the municipality to verify the right-of-way requirements, access permit or for any additional requirements that may be needed to obtain or upgrade the permit. Per Chapter 8, Article 13, Section 8-13-30, a Weld County Right -of -Way Use Permit is required for any project that will be occupying, constructing or excavating facilities within, and or encroaching upon, any County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at https://www.weldgov.com/Government/Departments/Public-Works/Permits Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. TRAFFIC There is no traffic information for this area. The traffic information submitted with the application materials indicates that during the six-month construction period that there will be approximately 3 daily passenger vehicle roundtrips and 8 tandem trucks and/or semi -trucks roundtrips per day. The submitted traffic information has been forwarded to the Town of Keenesburg. No additional traffic information is needed, at this time. DRAINAGE REQUIREMENTS This area IS within a Non -Urbanizing Drainage Area: Non -Urbanizing Drainage Areas typically require detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped site for NON - URBANIZING areas. An acceptable Drainage Report was submitted. The Report documented a stormwater detention exception. Specifically, the site is comprised of hydrologic soil type A (Sec. 23-4-2030 B.1). Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from the property. GRADING PERMIT A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications are accepted after the planning process is complete (plan recorded). An Early Release Request Form may be entertained only after the applicant, Public Works and Planning Department have reviewed the referral and surrounding property owner comments. The Early Release Request may or may not be granted depending on referral comments and surrounding property owner concerns. Contact an Engineering representative from the Development Review for more information. A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575. CONDITIONS OF APPROVAL The USR map shall be amended to delineate the following: 1. County Road 61 is an unmaintained section line right-of-way. The applicant shall verify and delineate on the map the unmaintained right-of-way from the parcel to and including the connection to CR 59. Reference the documents creating the right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is not maintained by Weld County. Any unmaintained road needs to be located/identified in relationship to the right-of-way. Show and label the section line Right -of -Way as "CR 61 Section Line Right-of-way, not County maintained" (Development Review) 2. This portion of County Road 59 is under the jurisdiction of the Town of Keenesburg. Please contact the municipality to verify the right-of-way. Show and label the right-of-way. Show the approved access on the site plan and label with the approved access permit number if applicable. (Development Review) 3. Show and label the drainage flow arrows. (Development Review) 4. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Development Review) Prior to Construction: If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Development Review DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review) 2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Development Review) 3. Any work that may occupy and or encroach upon any County rights -of -way or easement, to include traffic use, shall acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review) 4. Weld County is not responsible for the maintenance of onsite drainage related features. (Development Review) 5. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) Weld County Department of Public Health and Environment Memorandum To: Diana Aungst, Planning Services From: Lauren Light, Environmental Health Services Date: February 24, 2025 Re: USR24-0027 Applicant: Coors Energy Company c/o ENGIE Development, LLC Environmental Health Services has reviewed this Site -Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility outside of subdivisions and historic townsites 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 will be used as necessary. A permanent native seed mix will be planted and will be mowed several times a year. A noise memo was submitted which indicates at the USR boundary a noise level of 50 dB(A) will be met. 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 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6410 weldhealth.org Public Health Weld County Department of Public Health and Environment other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. 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 COLORADO Parks and Wildlife Department of Natural Resources Northeast Region 6060 Broadway Denver, CO 80216 P 303.291.7227 February 12, 2025 Weld County Planning Department Attn: Diana Aungst 1402 North 17th Ave Greeley, CO 80631 970-400-6100 daungst®weld.gov Re: CPW referral letter for The Banquet Solar Facility USR24-0027 Dear Diana Aungst, Thank you for the opportunity for Colorado Parks and Wildlife (CPW) to submit formal comments on the proposed Banquet Solar Facility consisting of a 7.2 -megawatt (MW) photovoltaic solar facility, located on 42 acres of private land at T3N, R64W Sec. 36. The mission of CPW is to perpetuate the wildlife resources of the state, to provide a quality state parks system, and to provide enjoyable and sustainable outdoor recreation opportunities that educate and inspire current and future generations to serve as active stewards of Colorado's natural resources. CPW has a statutory responsibility to manage all wildlife species in Colorado and to promote a variety of recreational opportunities throughout Colorado. One way we achieve this goal is by responding to referral comment requests. CPW appreciates this early consultation from the Banquet Solar Facility 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's greenhouse gas reduction goals and improving our climate resiliency. CPW appreciates that the developer has planned the project outside of High Priority Habitat designated by CPW. CPW encourages the following recommendations for this solar project based on CPW's Solar BMPs: • CPW recommends that any installed fencing should be eight feet in height, have round -capped posts (e.g., so wildlife isn't impaled), smooth top wire to the fence (e.g., no top barbed wire) (or if two top strands are needed, ensure they are at least six inches apart). The bottom wire can be barbed but should be four inches or less from the ground. See CPW's "Fenc 3: 3 ... brochure. • CPW recommends that the solar facility is checked weekly, either remotely or in person (or escape structures are installed inside the fenced area), to allow animals to escape if they become trapped within the facility. Please immediately report mortalities, trapped or injured wildlife, or other reportable incidents to the local. District Wildlife Manager (Mike Grooms 970-692-4028). Please document and report these findings 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 this Solar Project, CPW recommends they are installed according to Avian Power Line Interaction Committee (APLIC) standards and outside the raptor nesting season. Also, please install bird diverters within '/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 Mike Grooms, District Wildlife Manager at michael.grooms@state.co.us or by phone at (970)692-4028. Respectfully, 7/1cch Mark Leslie, Northeast Regional Manager Cc: Mike Grooms, District Wildlife Manager - k::ichae grco s@state,ca, Lexi Hamous, NE Land Use Coordinator - Jason Surface, Area 4 Wildlife Manager - asor.su_.race.4_tate.co,us Andrew Newman, NE Senior Energy Coordinator - 2 Aso March 4, 2025 COLORADO Division of Water Resources Department of Natural Resources Colorado Ground Water Commission Diana Aungst Weld County Planning Department Transmission via email: daungst@weld.gov Re: Keenesburg Solar Project, Case Number: USR24-0027 Applicant: Coors Energy Company, c/o Engie Development, LLC Part of the N 1/2 of Sec. 36, Twp. 3N, Rng. 64W, 6th P.M., Weld County Water Division 1, Water District 1 Dear Diana Aungst, We have received your February 12, 2025 proposal for a Use by Special Review Permit relating to the construction of a solar facility on an approximately 194 acre property known as 10002 County Road 59, Keenesburg, Colorado 80643. This referral does not appear to qualify as a "subdivision" as defined in section 30-28- 101(10)(a), 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. The comments do not address 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. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or physical availability of water. 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water Jared Polis, Governor I Dan Gibbs, Executive Director I Jason T. Ullmann, State Engineer/Director Keenesburg Solar Project, Weld County Page 2 of 2 March 4, 2025 According to the application documents, water demands at the facility include drinking water and dust control during construction. No washing of vehicles or equipment will occur. The proposed water supply source is bottled water for drinking, and an unknown source for dust control. The application mentions that a water tap will not be required. A review of our records indicates well permit no. 75493 is located on the subject property. Well permit no. 75493 was issued on July 18, 1974 for the watering of range stock on 40 acres in the SW 1/4 of the NE'/a of Sec. 36, Twp. 3N, Rng 64W, 6t" P.M., Weld County. Well permit no. 75493 may not be used for dust control or other water demands associated with the solar energy facility (as currently permitted). So long as the water supplied to the solar energy facility is from an outside legal source and well no. 75493 is used according to its ascribed permit, our office has no comments related to the proposed solar energy facility. Please contact Mike Matz at 303-866-3581 x8241 or at michael.matz@state.co.us with any questions. Sincerely, fO,-,/Y,'(11)1' loana Comaniciu, P.E. Water Resources Engineer Ec: Referral no. 32725 Well Permit no. 75493 Xcel Energvsmy PUBLIC SERVICE COMPANY February 18, 2025 1402 North 17th Ave Greeley, CO 80631 Attn: Diana Aungst Re: Banquet Solar, Case # USR24-0027 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 Banquet Solar. Please be aware PSCo owns and operates existing electric distribution facilities along west property line (west of the project site) The property owner/developer/contractor must complete the application process for any new electric service, or modification to existing facilities via xcelenergy.corn/InstallAndConnect. It is then the responsibility of the developer to contact the 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