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Home My WebLink About20250080.tiffMEMORANDUM TO: Molly Wright, Planning Services FROM: Melissa J King, P.E., CFM, Development Review DATE: November 1, 2024 SUBJECT: USR24-0024 State of Colorado REVISED 2 14 2025 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 CR 44 and is east of CR 57. Parcel number: 105324000008. Access is from COUNTY ROAD -4-4 61 ACCESS Weld County Development Review has reviewed the application materials related to access. The applicant has proposed to use unmaintained 30 -foot -wide usage right-of-way (CR-44 61) to access the maintained portion of CR-44 61. The applicant shall obtain a permit for a commercial access maintained portion of CR 61. on the 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 The proposed parcel uses unmaintained County Road right-of-way to access maintained County Road -44. The submitted USR map shall show any unmaintained rights -of -way or private easements used to access the site from the maintained County Road, from the parcel to and including the maintained County Road access point. The physical location of the road within the right-of-way or easement shall be shown on the USR map. Reception numbers shall be referenced for right-of-way or easement documents. Please contact Development Review with questions. 61. North of the unmaintained portion of CR 61 and south of CR 50, County Road 61 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2024-01) 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. North of CR 50, County Road 61 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2024-01) 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. County Road 50 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2024-01) 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. TRAFFIC There are no recent traffic counts for this portion of CR---44 61 and the haul route. The applicant submitted a preliminary Traffic Impact Letter Report stating that the construction and operational traffic for the site will travel north on CR 61 (unmaintained 30 -foot wide usage right-of- way), continuing north on CR 61 (maintained gravel road), east on CR 50 (maintained, paved road), north on CR 61 (maintained, paved road), and then onto SH 34. During the anticipated nine -month construction period, there will be an average of 79 vehicle trips per day. Construction traffic will include equipment delivery trucks. During operation, there will be an average of three vehicle trips per month. project will have minimal operational traffic (s-2 vehicle round trips per month) and typical construction traffic over the 9- months of construction (maximum 30 veh-icle round trips per day). It is noted that a portion of the existing unmaintained road (CR 61) north of the site is NOT in the existing 30 -foot -wide usage right-of-way. Therefore, the applicant shall obtain and submit an easement agreement that allows the usage of the road not within the County's right-of-way. No other traffic information is needed at this time. An acceptable final Traffic Report, signed and stamped by a professional engineer licensed in the State of Colorado, shall be submitted. TRACKING CONTROL Based on the fact that the construction traffic travels for more than one mile on unmaintained section line road prior to accessing onto a maintained road, no construction tracking control is required. IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT IMPROVEMENTS FOR CONSTRUCTON ONLY WITH UP -FRONT Development Review is requesting an Improvements and Road Maintenance Agreement With Up -Front Improvements for Construction including, but not limited to: • The application of magnesium chloride to CR 61 south of CR 50. (It is noted that a portion of this road is not in the Usage right -if -way. Any improvement to this portion will be covered in a separate agreement between the applicant and the land owner.) This will required a ROW Permit. • Tree maintenance, as needed, on the northwest corner of CR 61 and CR 50. This will require a ROW Permit. • A traffic management plan, as needed, for the CR 61 and CR 50 intersections. This will require a ROW Permit. • A pre -inspection and post -inspection of the haul route, to be conducted by a representative of Public Works and a representative of the applicant. • 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. An acceptable Drainage Report was submitted. The Report showed that this site consists entirely of A and B hydrologic soils which entitles this project to be exempted from stormwater detention per Section 23-4- 1030.B., of the Weld County Code. No other stormwater management information is needed, at this time. 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. An Improvement and Road Maintenance Agreement With Up -Front Improvements for Construction is required at this location for the construction haul route. The up -front improvements include, but may not be limited to, the application of magnesium chloride on CR 61 south of CR 50, any needed tree maintenance to improve site distance. Additionally, a traffic management plan for the intersections of CR 61 and CR 50 may be included in the Agreement. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. (Development Review) B. Submit an easement agreement, between the property owner and the applicant, that documents the use of a haul route outside of the unmaintained 30 -foot wide usage right-of-way for CR 61. C. An acceptable Final Traffic Report, signed and stamped by a professional engineer licensed in the State of Colorado, is required. D. The USR map shall be amended to delineate the following: 1. The eastern parcel is bounded on the north by a portion of CR 44 that is an unmaintained section line right-of-way. The applicant shall verify and delineate on the map the unmaintained right-of-way and 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 44 Section Line Right-of-way, not County maintained." (Development Review) 2. The parcel is bounded on the east by a portion of CR 61 that is an unmaintained section line right-of-way. The applicant shall verify and delineate on the map the unmaintained right-of-way and 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 u nmaintained 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) 3. The parcel is bounded on the west by a portion of CR 59 that is an unmaintained section line right-of-way. The applicant shall verify and delineate on the map the unmaintained right-of-way and 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 u nmaintained road needs to be located/identified in relationship to the right-of-way. Show and label the section line Right -of -Way as "CR 59 Section Line Right-of-way, not County maintained." (Development Review) 4. The parcel is bounded on the south by a portion of CR 42 that is an unmaintained section line right-of-way. The applicant shall verify and delineate on the map the unmaintained right-of-way and 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 u nmaintained road needs to be located/identified in relationship to the right-of-way. Show and label the section line Right -of -Way as "CR 42 Section Line Right-of-way, not County maintained." (Development Review) 5. Show and label the proposed access point on the maintained portion of County Road -44 61, the usage type that applies (e.g. Commercial). Development Review will review the access location as a part of the USR map submittal. (Development Review) 6. Show and label drainage flow arrows. (Development Review) Prior to Construction: A. A Weld County Grading Permit shall be acquired if disturbing more than one (1) acre of land. (Development Review) B. Overweight and/or oversized special transport permits from the Department of Public Works shall be acquired for all applicable trucks. (Development Review) C. A Right-of-way Use Permit shall be acquired from the Department of Public Works before any construction, maintenance, or development and/or construction of any aboveground or buried in or crossing Weld County rights -of -way. (Development Review) features D. A pre -construction inspection shall be conducted by a representative of the Department of Public Works and a representative of the applicant. E. All required up front improvements of the haul route shall be completed. 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. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review) 4. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement With Up -Front Improvements for Construction. (Development Review) Improvements and 5. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) MEMORANDUM TO: Molly Wright, Planning Services FROM: Melissa J King, P.E., CFM, Development Review DATE: November 1, 2024 SUBJECT: USR24-0024 State of Colorado 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 CR 44 and is east of CR 57. Parcel number: 105324000008. Access is from COUNTY ROAD 44. ACCESS Weld County Development Review has reviewed the application materials related to access. The applicant has proposed to use unmaintained, section line 30 -foot -wide right-of-way (CR 44) to access the maintained portion of CR 44. The applicant shall obtain a permit for a commercial access. 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 The proposed parcel uses unmaintained County Road right-of-way to access maintained County Road 44. The submitted USR map shall show any unmaintained rights -of -way or private easements used to access the site from the maintained County Road, from the parcel to and including the maintained County Road access point. The physical location of the road within the right-of-way or easement shall be shown on the USR map. Reception numbers shall be referenced for right-of-way or easement documents. Please contact Development Review with questions. County Road 44 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. TRAFFIC There are no recent traffic counts for this portion of CR 44. The applicant submitted a Traffic Impact Letter stating that the project will have minimal operational traffic (-2 vehicle round trips per month) and typical construction traffic over the 9 months of construction (—maximum 30 vehicle round trips per day). Construction traffic includes passenger vehicles, delivery trucks, and fuel trucks. No other traffic information is needed at this time. TRACKING CONTROL Based on the fact that the construction traffic travels for more than one mile on unmaintained section line road prior to accessing onto a maintained road, no construction tracking control is required. 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. An acceptable Drainage Report was submitted. The Report showed that this site consists entirely of A and B hydrologic soils which entitles this project to be exempted from stormwater detention per Section 23-4- 1030.B., of the Weld County Code. No other stormwater management information is needed, at this time. 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. The USR map shall be amended to delineate the following: 1. The eastern portion of CR 44 is an unmaintained section line right-of-way. The applicant shall verify and delineate on the map the unmaintained right-of-way and 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 44 Section Line Right-of-way, not County maintained." (Development Review) 2. The western portion of CR 44 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) 3. Show and label the proposed access point on County Road 44, the usage type that applies (e.g. Commercial). Development Review will review the access location as a part of the USR map submittal. (Development Review) 4. Show and label drainage flow arrows. (Development Review) Prior to Construction: A. A Weld County Grading Permit shall be acquired if disturbing more than one (1) acre of land. (Development Review) B. Overweight and/or oversized special transport permits from the Department of Public Works shall be acquired for all applicable trucks. (Development Review) C. 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. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review) 4. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement for Construction. (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: Molly Wright, Planning Services From: Lauren Light, Environmental Health Services Date: September 25, 2024 Re: USR24-0024 Applicant: State of Colorado 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, vegetative cover, mulch, and wind breaks may be used. Sheep grazing 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 Submit by Email Weld County Referral Y September 11, 2024 The Weld County Department of Planning Services has received the following item for review: Applicant: State of Colorado Case Number: USR24-0024 Please Reply By: October 9, 2024 Planner: Molly Wright Project: 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 Parcel Number: 105324000008-R4280686 Legal: Section 24, T4N, R64W of the 6th P.M., Weld County, Colorado. Location: APPROXIMATELY 1 MILE SOUTH OF COUNTY ROAD 46; APPROXIMATELY 1 MILE EAST OF COUNTY ROAD 57 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 �Q�LS Date 10/25/2024 Agency Oil & Gas Energy Dept. 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: USR24-0024 Associated Parcel: 105324000008-R4280686 OGED Reviewer: Tyler Seno Review Date: 10/25/2024 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 two active 1041 WOGLA Permits on the associated parcel (1041WOGLA23-0004 and 1041WOGLA23-0005). 2. The parcel includes nine (9) active oil and gas wells, listed in Table 1 below. OGED requests that the Applicant coordinate operations in proximity to existing wells and production facilities with the operator(s) of these wells. API Operator Well Title Well Status 05-123-15806 NOBLE ENERGY INC C 24-02 SPIKE ST GWS TA 05-123-49384 NOBLE ENERGY INC C24-765 State SI 05-123-49383 NOBLE ENERGY INC C24-755 State SI 05-123-49391 NOBLE ENERGY INC C24-725 State SI 05-123-49382 NOBLE ENERGY INC C24-785 State SI 05-123-49385 NOBLE ENERGY INC C24-730 State SI 05-123-49387 NOBLE ENERGY INC C24-717 State SI 05-123-49389 NOBLE ENERGY INC C24-775 State SI 05-123-49390 NOBLE ENERGY INC C24-745 State SI 3. The parcel includes twenty-six (26) plugged and abandoned (PA) wells listed in Table 2 below. Additional information regarding these plugged and abandoned wells is available from the Energy & Carbon Management Commission (ECMC). OGED recommends that the Applicant review this information and contact the responsible operator regarding well infrastructure that may have been abandoned in place prior to conducting operations in proximity to the wells. API Operator Well Title Well Status 05-123-15807 NOBLE ENERGY INC C 24-07 SPIKE ST GWS PA 05-123-15813 NOBLE ENERGY INC C 24-13 SPIKE ST GWS PA 05-123-25700 NOBLE ENERGY INC 24-18 ELISE STATE C PA 05-123-25703 NOBLE ENERGY INC 24-22 ELISE STATE C PA 05-123-23780 NOBLE ENERGY INC 24-19 ELISE STATE C PA 05-123-15791 NOBLE ENERGY INC C 24-06 SPIKE ST GWS PA 05-123-07789 NOBLE ENERGY INC 24-8J SPIKE STATE GWS C PA 05-123-32793 NOBLE ENERGY INC C24-99HZ STATE PA 05-123-15809 NOBLE ENERGY INC C 24-09 SPIKE ST GWS PA 05-123-25701 NOBLE ENERGY INC 24-20 ELISE STATE C PA 05-123-15790 NOBLE ENERGY INC C 24-05 SPIKE ST GWS PA 05-123-07616 NOBLE ENERGY INC C 24-11J SPIKE STATE GWS PA 05-123-15788 NOBLE ENERGY INC C 24-03 SPIKE ST GWS PA 05-123-15812 NOBLE ENERGY INC C 24-12 SPIKE ST GWS PA 05-123-23779 NOBLE ENERGY INC 24-23 ELISE STATE C PA 05-123-15811 NOBLE ENERGY INC 24-11 ELISE STATE C PA 05-123-15816 NOBLE ENERGY INC C 24-16 SPIKE ST GWS PA 05-123-15814 NOBLE ENERGY INC C 24-14 SPIKE ST GWS PA 05-123-15810 NOBLE ENERGY INC C 24-10 SPIKE ST GWS PA 05-123-15815 NOBLE ENERGY INC C 24-15 SPIKE ST GWS PA 05-123-25702 NOBLE ENERGY INC 24-21 ELISE STATE C PA 05-123-15789 NOBLE ENERGY INC C 24-04 SPIKE ST GWS PA 05-123-25704 NOBLE ENERGY INC 24-24 ELISE STATE C PA 05-123-32795 NOBLE ENERGY INC C24-28 STATE PA 05-123-15808 NOBLE ENERGY INC 24-8 ELISE STATE C PA 05-123-15783 NOBLE ENERGY INC C 24-01 SPIKE ST GWS PA 4. The USR lands may include additional oil and gas related infrastructure, such as off -location flowlines or pipeline which are a use by right and not regulated by Weld County. OGED requests that the applicant reviews flowline data available from the ECMC map viewer and utilize Colorado 811 prior to any excavation activities. 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 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. Submit by Email Weld County Referral Y September 11, 2024 The Weld County Department of Planning Services has received the following item for review: Applicant: State of Colorado Case Number: USR24-0024 Please Reply By: October 9, 2024 Planner: Molly Wright Project: 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 Parcel Number: 105324000008-R4280686 Legal: Section 24, T4N, R64W of the 6th P.M., Weld County, Colorado. Location: APPROXIMATELY 1 MILE SOUTH OF COUNTY ROAD 46; APPROXIMATELY 1 MILE EAST OF COUNTY ROAD 57 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 acCC� 3¢.44.42- Date 9/23/2024 Agency Weld County Oil & Gas Energy Dep. 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: USR24-0024 Associated Parcel: 105324000008-R42806 8 6 OGED Reviewer: Rebecca Sears Review Date: 9/23/2024 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 two active 1041 WOGLA Permits on the associated parcel (1041WOGLA23-0004 and 1041WOGLA23-0005). 2. The parcel includes nine (9) active oil and gas wells, listed in Table 1 below. OGED requests that the Applicant coordinate operations in proximity to existing wells and production facilities with the operator(s) of these wells. API Operator Well Title Well Status 05-123-15806 NOBLE ENERGY INC C 24-02 SPIKE ST GWS TA 05-123-49384 NOBLE ENERGY INC C24-765 State SI 05-123-49383 NOBLE ENERGY INC C24-755 State SI 05-123-49391 NOBLE ENERGY INC C24-725 State SI 05-123-49382 NOBLE ENERGY INC C24-785 State SI 05-123-49385 NOBLE ENERGY INC C24-730 State SI 05-123-49387 NOBLE ENERGY INC C24-717 State SI 05-123-49389 NOBLE ENERGY INC C24-775 State SI 05-123-49390 NOBLE ENERGY INC C24-745 State SI 3. The parcel includes twenty-six (26) plugged and abandoned (PA) wells listed in Table 2 below. Additional information regarding these plugged and abandoned wells is available from the Energy & Carbon Management Commission (ECMC). OGED recommends that the Applicant review this information and contact the responsible operator regarding well infrastructure that may have been abandoned in place prior to conducting operations in proximity to the wells. API Operator Well Title Well Status 05-123-15807 NOBLE ENERGY INC C 24-07 SPIKE ST GWS PA 05-123-15813 NOBLE ENERGY INC C 24-13 SPIKE ST GWS PA 05-123-25700 NOBLE ENERGY INC 24-18 ELISE STATE C PA 05-123-25703 NOBLE ENERGY INC 24-22 ELISE STATE C PA 05-123-23780 NOBLE ENERGY INC 24-19 ELISE STATE C PA 05-123-15791 NOBLE ENERGY INC C 24-06 SPIKE ST GWS PA 05-123-07789 NOBLE ENERGY INC 24-8J SPIKE STATE GWS C PA 05-123-32793 NOBLE ENERGY INC C24-99HZ STATE PA 05-123-15809 NOBLE ENERGY INC C 24-09 SPIKE ST GWS PA 05-123-25701 NOBLE ENERGY INC 24-20 ELISE STATE C PA 05-123-15790 NOBLE ENERGY INC C 24-05 SPIKE ST GWS PA 05-123-07616 NOBLE ENERGY INC C 24-11J SPIKE STATE GWS PA 05-123-15788 NOBLE ENERGY INC C 24-03 SPIKE ST GWS PA 05-123-15812 NOBLE ENERGY INC C 24-12 SPIKE ST GWS PA 05-123-23779 NOBLE ENERGY INC 24-23 ELISE STATE C PA 05-123-15811 NOBLE ENERGY INC 24-11 ELISE STATE C PA 05-123-15816 NOBLE ENERGY INC C 24-16 SPIKE ST GWS PA 05-123-15814 NOBLE ENERGY INC C 24-14 SPIKE ST GWS PA 05-123-15810 NOBLE ENERGY INC C 24-10 SPIKE ST GWS PA 05-123-15815 NOBLE ENERGY INC C 24-15 SPIKE ST GWS PA 05-123-25702 NOBLE ENERGY INC 24-21 ELISE STATE C PA 05-123-15789 NOBLE ENERGY INC C 24-04 SPIKE ST GWS PA 05-123-25704 NOBLE ENERGY INC 24-24 ELISE STATE C PA 05-123-32795 NOBLE ENERGY INC C24-28 STATE PA 05-123-15808 NOBLE ENERGY INC 24-8 ELISE STATE C PA 05-123-15783 NOBLE ENERGY INC C 24-01 SPIKE ST GWS PA 4. The USR lands may include additional oil and gas related infrastructure, such as off -location flowlines or pipeline which are a use by right and not regulated by Weld County. OGED requests that the applicant reviews flowline data available from the ECMC map viewer and utilize Colorado 811 prior to any excavation activities. These comments and recommendations are based upon the review of the application materials submitted by the applicant and other relevant information available on the E -Permit site. Submit by Email Weld County Referral Y September 11, 2024 The Weld County Department of Planning Services has received the following item for review: Applicant: State of Colorado Case Number: USR24-0024 Please Reply By: October 9, 2024 Planner: Molly Wright Project: 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 Parcel Number: 105324000008-R4280686 Legal: Section 24, T4N, R64W of the 6th P.M., Weld County, Colorado. Location: APPROXIMATELY 1 MILE SOUTH OF COUNTY ROAD 46; APPROXIMATELY 1 MILE EAST OF COUNTY ROAD 57 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 T 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 9/26/2024 Agency Platte Valley Fire Protection District Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 PL•'.\ATTEVLLEY Platte Valley Fire Protection District FIRE Applicant: Pivot Energy; Attn: Caitlin O'Mara Project: Pivot Solar 45 LLC & Pivot Solar 55 LLC Comment Date: 09/26/2024 Comments By: Greg Becker, Fire Marshal These comments are provided in accordance with the 2018 International Fire Code and any other applicable standards and are based on the plans provided. This project is the proposed construction of an approx. 73 -acre 10MWac Solar Photovoltaic Generating Facility. FIRE DISTRICT NOTIFICATION REVIEW COMMENTS 1. All construction/demolition shall comply with IFC Chapter -33. There must be an acceptable driving surface for emergency vehicles provided prior to and throughout construction. 2. All roads within the site and at the entrance shall be able to accommodate the weight of our heaviest fire apparatus and meet the requirements of IFC 503 & Appendix D throughout regular operations at the site. This driving surface shall always be maintained. 3. Site and/or Facility plans will require separate review and approval of the Fire District. 4. Any construction near current or old oil and gas facilities, wells, pipelines, etc. Shall meet the requirements of the Platte Valley Fire Protection District, Weld County and the ECMC (Colorado Energy and Carbon Management Commission). Proper documentation is required that all pipelines have been accounted for and that the developer is aware of these. GENERAL COMMENTS 1. Approval of the Fire District Notification is based on the submitted plans. 2. All work shall be completed in accordance with the 2018 IFC. 3. Any equipment deviations other than what is approved by the Fire Code Official must be approved. 4. Any future buildings/additions will need to be reviewed and approved by the Fire District. This list is intended to provide the owner with as much information as possible, but it may be amended too during subsequent reviews or as other information becomes available. The designer is responsible for the technical accuracy of their work. Nothing in this plan review is intended to approve any aspect of this plan that does not comply with all applicable codes and standards. Any changes that are made to the plans will require approval from the Fire District. Please reach out to me directly if you have any further questions and to schedule all fire inspections at gbecker@plattevalleyfire.org. Respectfully, Greg Becker Fire Inspector III/Plans Examiner #196308234 Fire Marshal Platte Valley Fire Protection District 27128 County Road 53, Kersey, Colorado 80644 (970) 353-3890 Submit by Email Weld County Referral September 11, 2024 The Weld County Department of Planning Services has received the following item for review: Applicant: State of Colorado Case Number: USR24-0024 Please Reply By: October 9, 2024 Planner: Molly Wright Project: 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 Parcel Number: 105324000008-R4280686 Legal: Section 24, T4N, R64W of the 6th P.M., Weld County, Colorado. Location: APPROXIMATELY 1 MILE SOUTH OF COUNTY ROAD 46; APPROXIMATELY 1 MILE EAST OF COUNTY ROAD 57 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. nWe 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. I Signature Agency Date calor4 .4o P.../ti k-,. )O4 / 2 -cc_ Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 COLORADO Parks and Wildlife Department of Natural Resources Northeast Region 6060 Broadway Denver, CO 80216 P 303.291.7227 September 18, 2024 Weld County Planning Department Attention: Molly Wright 1402 North 17th Ave Greeley, CO 80631 mrwright®weld.gov Re: CPW referral letter for Case # USR24-0024 - Pivot Solar 45 Et 55 LLC Solar Gardens Dear Molly Wright, Thank you for the opportunity for Colorado Parks and Wildlife (CPW) to submit formal comments on the proposed Pivot Solar 45 LLC and Pivot Solar 55 LLC's two 10 -megawatt (MW) photovoltaic solar gardens, located on 73 acres of private land. The Pivot Solar 45 Et 55 LLC's Solar gardens are located at T4N, R64W Sec. 24 NENW, on lands that have been used for oil and gas operations, and are located approximately 5 miles SE of the town of Kersey. It is our understanding that Pivot Solar 45 £t 55, LLC Solar Gardens will 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 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 Pivot Solar 45 a 55 LLC 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. Jeff Davis, Director, Colorado Parks and Wildlife Parks and Wildlife Commission: Dallas May, Chair • Richard Reading, Vice -Chair Karen Bailey, Secretary Jessica Beaulieu Marie Haskett • Jack Murphy • Gabriel Otero Duke Phillips, IV • Gary T. Skiba - James Jay Tutchton Eden Vardy CPW appreciates that the developer plans to use wildlife -friendly fencing and the project is planned outside of High Priority Habitat. CPW also encourages the following recommendations for this solar project based on CPW's Solar BMPs: • 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 1/4 -mile of any lake, drainage, or riparian area and within the raptor nesting buffer for occupied nests. If you have any additional questions regarding wildlife concerns for this property, please contact Mike Grooms, District Wildlife Manager at michael.grcois®state.cu,us or by phone at (303) 810-3141. Respectfully, 217*/4 Mark Leslie, Northeast Regional Manager Cc: Mike Grooms, District Wildlife Manager - Laic ;ael._gro r :s@statex,o us Lexi Hamous, NE Land Use Coordinator -'.- har cus rifle @states e s Brandon Muller, Acting Area 4 Wildlife Manager - brandon.muiler z.state.co.us Jason Surface, Acting Deputy Regional Manager - jason.surface@state.co us 2 Hello