HomeMy WebLinkAbout20251779.tiffMEMORANDUM
TO: Matt VanEyll, Planning Services
FROM: Mike McRoberts, P.E., Development Review
DATE: April 18, 2025
SUBJECT: USR25-0005 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 south of County Road 82 (State Highway 14) and is east of and adjacent to County Road
49.
Parcel number 071119000023.
ACCESS
Development Review has reviewed the application materials related to access and determined the
proposed access will be on County Road 49 at a location approximately 5,350 feet south of County Road
82. We strongly encourage the applicant to discuss the proposed access location with Development Review
prior to laying out the site to ensure the approved access location meets the minimum access spacing
requirements listed in Table 1, of Weld County Code, Section 8-14-30, provided below.
Table 8-2
Minimum Intersection & Access Spacing Criteria (feet)
Access Element
Arterial
Collector
Local
Distance between intersections
Signaiized
Unsignalized
2,640
1,320
N/A
1,320
N/A
330
Distance between access points and intersections
660
660
330
Distance between access points
660
330
150
Distance between access points in Subdivisions
N/A
N/A
75
The proposed access shall be constructed to comply with 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, 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 49 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. 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. 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 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 ADT on County Road 49 counted 100 vpd with 41`)/0 trucks. The 85th percentile speed is 51 mph.
Per the applicant's traffic information, the following traffic is expected to occur during construction:
• Material and Equipment Delivery (approximately 4 weeks):
o Maximum: 24 vehicle trips per day
o Average: 16 vehicle trips per day
o Vehicle types: Conex container trucks, delivery trucks, and equipment hauling trucks
o Estimated gross vehicle weight: 20,000 to 50,000 lbs.
• Solar Facility Installation (4-6 months):
o Maximum: 28 vehicle trips per day
o Average: 20 vehicle trips per day
o Vehicle types: Passenger vehicles, fuel trucks, and material delivery trucks
o Estimated gross vehicle weight: 2,000 to 30,000 lbs.
• Heavy Vehicle Traffic: Most heavy truck traffic will occur between 8:00 AM and 4:30 PM. Heavy
vehicles will primarily be present during the material and equipment delivery phases.
• Peak Hour Impacts: Project -related traffic is not expected to significantly impact AM and PM peak
traffic periods.
The travel route during construction will likely be State Highway 14 to County Road 49; then south on
County Road 49 to the project access.
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.
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/I mprovements-Agreements
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.
The applicant has submitted a Drainage Narrative meeting the requirements for an exemption to stormwater
detention as defined in Section 23-4-1030.A., of the Weld County Code in that the soils under the proposed
solar arrays are comprised entirely of Hydrologic Soil Group B.
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 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, 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
Development Review for more information.
COLORADO CONSTRUCTION STORMWATER DISCHARGE PERMIT
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 49 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 document)
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 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 parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Development Review)
Prior to On -site 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 shall be acquired.
(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)
A. 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)
B. 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)
C. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
D. 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)
E. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement for Construction. (Development Review)
F. The historical flow patterns and runoff amounts will be maintained on the site in such a manner that it
will reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to runoff rate and velocity increases, diversions, concentration and/or unplanned
ponding of stormwater runoff. (Development Review)
G. 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: Matthew VanEyll, Planning Services
From: Lauren Light, Environmental Health Services
Date: April 7, 2025
Re: USR25-0005 Applicant: Juan Pablo Gomez Mendiola, c/o RDC CO
Weld County Rd 49 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 and the site will be revegetated. A noise narrative was submitted which states
"During operations there will be extremely low noise levels. An adequate buffer distance has
been incorporated into the Project design to minimize noise effects on adjacent land uses.".
A noise level of 55 dB(A) during daylight hours and 50dB(A) during nighttime hours shall be
complied with.
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.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
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.
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 Submit by Email
March 21, 2025
The Weld County Department of Planning Services has received the following item for review:
Applicant: Juan Pablo Gomez Mendiola, Case Number: USR25-0005
c/o RDC CO Weld County Rd 49 LLC
Please Reply By: May 16, 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: 071119000023-R0031095 Legal: N2NW4 SECTION 19, T7N, R64W of the 6th P.M.,
Weld County, Colorado.
Location: East of and adjacent to CR 49; south of and adjacent to CR 80 section line.
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.
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 / 3',24
Agency Oil & Gas Energy Dept.
Date 5/13/2025
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: USR25-0005
Associated Parcel: 071119000023
OGED Reviewer: Tyler Seno
Review Date: 5/13/2025
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(s) includes one (1) 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. OGED further requests the Applicant identify
any buried infrastructure associated with the oil and gas wells such as pipelines or flow
lines.
API
Operator
Well Title
Well Status
05-123-31474
Noble Energy Inc
ZIGGY USX AB #19-99HZ
PR
3. The parcel includes one (1) plugged and abandoned (PA) well listed in Table 2 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
05-123-12059
St James Energy Operating Inc
Owl Creek #17
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
T
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March 21, 2025
The Weld County Department of Planning Services has received the following item for review:
Applicant: Juan Pablo Gomez Mendiola,
c/o RDC Co Weld County Rd 49 LLC
Please Reply By: May 16, 2025
Case Number: USR25-0005
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: 071119000023-80031095 Legal: N2NW4 SECTION 19, T7N, R64W of the 6th P.M.,
Weld County, Colorado.
Location: East of and adjacent to CR 49; south of and adjacent to CR 80 section line.
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:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature
Agency WESTGREELEY CONSERVATION DISTRICT
Date MAY 12, 2025
Weld County Planning Dept. Po Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
West Greeley Conservation District
(979) 355-8997
Map
Symbol
Soil Name Soil Texture
40 Munn
44 Olney
55 Renohill
Loam
Fine Sandy Loam
Fine Sandy Loam
Below is a list of the soils and their limitations according to the USDA, Weld County Soil Survey.
Dwellings with Small Septic Tank Prime Farm basements Commercial Absorption Land (if
Additional Comments
Shallow Dwellings
Excavations without
Severe
Severe Slight
Severe
Slight
Severe
Slight
Severe Yes
Slight Yes
Severe No
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) 356-8097. If you or the applicant have any questions please feel free to call our office.
WEST GREELEY
CONSERVATI _. N
(STRICT
"at:;,, o
Produced by the West Greeley Conservation District
From: Hamous-Miller - DNR, Lexi
To: Matthew VanEyll
Cc: Troy Florian - DNR; Andrew Newman - DNR
Subject: Re: Weld County Planning; USR25-0005
Date: Tuesday, May 6, 2025 11:03:41 AM
Attachments: image001.pnq
image002.pnq
image003.pnq
This Message Is From an External Sender
This email was sent by someone outside Weld County Government. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Hi Matthew,
Thank you for reaching out to CPW for comments and for including us in the review of this
project. After reviewing the project, because this is only a proposed 30 -acre solar facility that
is located outside of mapped high priority habitat, CPW does not have any major concerns.
CPW suggests using CPW's BMPs for Solar Energy Development document while planning
this project. CPW would suggest using 8ft wildlife exclusionary fencing (identified in the
planning questionnaire documents as "deer fence") with no barbed wire on top. Lastly, this
area contains a Prairie dog colony, and CPW would recommend conducting Burrowing Owl
Surveys in accordance with CPW's Burrowing Owl Survey Protocol and applying the
appropriate timing stipulations if Burrowing Owls are found and consulting with us on further
mitigation efforts. Please let us know if you have any further questions.
-Sincerely,
Lexi Hamous, MS (She/Her)
Northeast Region Land Use Coordinator
Colorado Parks and Wildlife
6060 Broadway, Denver, CO 80216
303-916-2987
Lexi.Hamous-Miller@state.co.us
CPW's Energy Webpage
On Mon, May 5, 2025 at 4:18 PM Matthew VanEyll <mvaneyll@weld.gov> wrote:
Good Afternoon Lexi,
Thank you for letting me know! It appears our system had an error. We just sent the referral email
and have the date, May 16th, as the due date. We would really appreciate getting the referral
comments by this date.
Thank you!
Matthew VanEyll
Planner II
Dept. of Planning Services
(970) 400-3556
1402 N 17th Ave, Greeley, CO 80631
0x 0®0
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intended only for the person or entity to which it is addressed and may contain information that is
privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the
communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
From: Hamous-Miller- DNR, Lexi <lexi.hamous-millerPstate.co.us>
Sent: Monday, May 5, 2025 3:24 PM
To: Matthew VanEyll <mvaneyllPweld.gov>
Subject: Re: Weld County Planning; USR25-0005
This Message Is From an External Sender
This email was sent by someone outside Weld County Government. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Hi Matthew,
According to my records, we never received a referral notice for it. We cannot provide a
response in that time frame because we have to have letters signed by upper management
and it usually takes 2 weeks to turn it around. I will chat with the DWM and my supervisor
first thing tomorrow to see what we can do and see if we can get you preliminary comments
and then get you a letter as soon as we can or what steps we should take. I apologize for the
inconvenience, but I will get back to you as soon as I can.
-Stay Wild,
Lexi Hamous, MS (She/Her)
Northeast Region Land Use Coordinator
Colorado Parks and Wildlife
Upcoming out of office: Friday May 2nd
0
6060 Broadway, Denver, CO 80216
303-916-2987
Lexi.Hamous-Miller@state.co.us
CPW's Energy Webpage
igigigigig
On Mon, May 5, 2025 at 3:13 PM Matthew VanEyll <mvaneyll@weld.gov> wrote:
Good Afternoon Lexi,
We did not receive a response for a referral on case: USR25-0005. This is for a solar
energy facility. We would like this response by Friday, May 9.
You can find this application by searching for "USR25-0005" in the Record Number
search at: https://aca-prod.accela.com/WELD/Cap/CapHome.aspx?
module=Planning&TabName=Planning
Please email me the referral to attach to this application.
Sincerely,
._I 8 6
COUNTY, CO
Matthew VanEyll
Planner II
Dept. of Planning Services
(970) 400-3556
1402 N 17th Ave, Greeley, CO 80631
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IMPORTANT: This electronic transmission and any attached documents or other
writings are intended only for the person or entity to which it is addressed and may
contain information that is privileged, confidential or otherwise protected from disclosure.
If you have received this communication in error, please immediately notify sender by
return e-mail and destroy the communication. Any disclosure, copying, distribution or the
taking of any action concerning the contents of this communication or any attachments by
anyone other than the named recipient is strictly prohibited.
Hello