HomeMy WebLinkAbout20233174.tiffMEMORANDUM
TO: Chris Gathman, Planning Services
FROM: Melissa J King, PE, Development Review
DATE: July 20, 2023
SUBJECT: USR23-0032 McKee Ranch SEFREVISED 9 7 2023
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 Site Specific Development Plan and Use by Special Review permit for a 7.5 MW
Solar Energy Facility (SEF) in the A (Agricultural) Zone District.
This project is south of and adjacent to SH 392 and is west of and adjacent to CR 37.
Parcel number: 080524000024
Access is proposed onto CR 37.
ACCESS
Development Review has reviewed the application materials related to access.
Access is proposed onto CR 37. The applicant shall obtain an access permit for a location that meets the
Minimum Access Spacing Criteria, as specified in Table 1 below.
ACCESS
Sec. 8-14-30. Table 1 Minimum Access Spacing Criteria (Feet)
Access Element
Arterial
Collector
Local
Distance between intersections
Signalized
2,640
N/A
N/A
Unsignalized
1,320
1,320
330
Distance between accesses and intersections
660
660
330
Distance between access points
660
330
150
Distance between access points in subdivisions
660
330
75
Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We
strongly encourage you to discuss your access location with Development Review prior to laying out your
site plan. All "preliminarily approved" accesses are subject to change during the access permitting process.
Per Sec. 24-8-40, when feasible, there shall be no net increase in the number of accesses to a public road.
Minimum access spacing widths are shown in Weld County Code Sec. 8-14-30. Please refer to Chapter 8
of the Weld County Code for more information regarding access.
ROADS AND RIGHTS -OF -WAY
This portion of CR 37 is a paved road and is designated on the Weld County Functional Classification Map
(Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way. The applicant shall
delineate and label on the site map the future and existing right-of-way (along with the documents creating
the existing right-of-way) 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, Sec. 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.
The property is bounded by State Highway 392. Contact the Colorado Department of Transportation
(CDOT) to determine what right-of-way shall be shown on the submitted map. Reference the documents
creating the right-of-way. Please contact Mr. Tim Bilobran at the Greeley office, phone number: 970-350-
2163.
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
A recent traffic count (2021) for this portion of CR 37 counted 2,567 vehicles per day with 12% trucks.
Traffic information submitted with the application materials indicates that construction traffic will be 25
roundtrips per day of which 5 may be heavy duty trucks and that the operation traffic would be 2 passenger
vehicle roundtrips per week.
No additional traffic information is needed.
TRACKING CONTROL
Tracking control is required to prevent tracking from the site onto public roadways. For access to paved
roads, tracking control devices can be double cattle guards with 100 ft. of asphalt or 300 ft of asphalt. For
access to gravel roads, tracking control devices must be either double cattle guards with 100 ft. of road
base, or road base on all driving surfaces. Temporary Tracking Control shall be used during construction
unless permanent tracking control is installed ahead of construction activities. Recycled concrete is not
allowed in County right-of-way. Tracking control for unmaintained public right-of-way is required just prior
to entering publicly maintained roadways. A variance request for alternatives to the tracking control
requirement can be submitted to Development Review for review and consideration.
This site requires approved tracking control during construction.
ROAD MAINTENANCE AGREEMENT (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.weldgov.com/Government/Departments/Planning-and-Zoninq/Development-Review .
It will detail the approved haul routes and include a maintenance agreement for the haul routes.
DRAINAGE REQUIREMENTS
The applicant has submitted a drainage report identifying 90% of the site soils as NRCS hydrologic soil
group B. Per Sec 23-4-1030.B.1, the site qualifies for a stormwater detention exception.
For the remaining 10% (-7 acres), please submit a Final Drainage Report that addresses stormwater
management.
The applicant shall submit an acceptable Final Drainage Report, that is stamped and signed by a
professional engineer licensed in the State of Colorado.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
CONDITIONS OF APPROVAL
A. A Road Maintenance Agreement (Construction) is required at this location. Road maintenance
includes, but is not limited to, dust control and damage repair to specified haul routes during
construction. (Development Review)
B. A Final Drainage Report, stamped and signed by a professional engineer licensed in the State of
Colorado, shall be submitted. (Development Review)
C. The USR map shall be amended to delineate the following:
1. Show the Colorado Department of Transportation (CDOT) the SH 392 right-of-way on the map
along with the documents creating the right-of-way. (Development Review)
2. CR 37 is a paved 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 site map the future and existing right-of-way (along with the documents creating
the existing right-of-way) 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 onto CR 37 and the usage type(s) (Agriculture,
Residential, Commercial/Industrial, or Oil and Gas). Development Review will review the access
location as a part of the plan submittal. (Development Review)
4. Show and label the drainage flow arrows. (Development Review)
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, Planning Department has 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.
Prior to Construction:
A. The access permit shall be obtained, and an approved tracking control shall be constructed prior
to on -site construction. (Development Review)
B. 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 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. (Development Review)
5. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
MEMORANDUM
TO: Chris Gathman, Planning Services
FROM: Melissa J King, PE, Development Review
DATE: July 20, 2023
SUBJECT: USR23-0032 McKee Ranch SEF
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 Site Specific Development Plan and Use by Special Review permit for a 7.5 MW
Solar Energy Facility (SEF) in the A (Agricultural) Zone District.
This project is south of and adjacent to SH 392 and is west of and adjacent to CR 37.
Parcel number: 080524000024
Access is proposed onto CR 37.
ACCESS
Development Review has reviewed the application materials related to access.
Access is proposed onto CR 37. The applicant shall obtain an access permit for a location that meets the
Minimum Access Spacing Criteria, as specified in Table 1 below.
ACCESS
Sec. 8-14-30. Table 1 Minimum Access Spacing Criteria (Feet)
Access Element
Arterial
Collector
Local
Distance between intersections
Signalized
2,640
N/A
N/A
Unsignalized
1,320
1,320
330
Distance between accesses and intersections
660
660
330
Distance between access points
660
330
150
Distance between access points in subdivisions
660
330
75
Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We
strongly encourage you to discuss your access location with Development Review prior to laying out your
site plan. All "preliminarily approved" accesses are subject to change during the access permitting process.
Per Sec. 24-8-40, when feasible, there shall be no net increase in the number of accesses to a public road.
Minimum access spacing widths are shown in Weld County Code Sec. 8-14-30. Please refer to Chapter 8
of the Weld County Code for more information regarding access.
ROADS AND RIGHTS -OF -WAY
This portion of CR 37 is a paved road and is designated on the Weld County Functional Classification Map
(Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way. The applicant shall
delineate and label on the site map the future and existing right-of-way (along with the documents creating
the existing right-of-way) 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, Sec. 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.
The property is bounded by State Highway 392. Contact the Colorado Department of Transportation
(CDOT) to determine what right-of-way shall be shown on the submitted map. Reference the documents
creating the right-of-way. Please contact Mr. Tim Bilobran at the Greeley office, phone number: 970-350-
2163.
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
A recent traffic count (2021) for this portion of CR 37 counted 2,567 vehicles per day with 12% trucks.
Traffic information submitted with the application materials indicates that construction traffic will be 25
roundtrips per day of which 5 may be heavy duty trucks and that the operation traffic would be 2 passenger
vehicle roundtrips per week.
No additional traffic information is needed.
TRACKING CONTROL
Tracking control is required to prevent tracking from the site onto public roadways. For access to paved
roads, tracking control devices can be double cattle guards with 100 ft. of asphalt or 300 ft of asphalt. For
access to gravel roads, tracking control devices must be either double cattle guards with 100 ft. of road
base, or road base on all driving surfaces. Temporary Tracking Control shall be used during construction
unless permanent tracking control is installed ahead of construction activities. Recycled concrete is not
allowed in County right-of-way. Tracking control for unmaintained public right-of-way is required just prior
to entering publicly maintained roadways. A variance request for alternatives to the tracking control
requirement can be submitted to Development Review for review and consideration.
This site requires approved tracking control during construction.
ROAD MAINTENANCE AGREEMENT (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.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
The applicant has submitted a drainage report identifying all the site soils as NRCS hydrologic soil group
B. Per Sec 23-4-1030.B.1, the site qualifies for a stormwater detention exception.
No additional drainage information is needed.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
CONDITIONS OF APPROVAL
A. A. A Road Maintenance Agreement (Construction) is required at this location. Road maintenance
includes, but is not limited to, dust control and damage repair to specified haul routes during
construction. (Development Review)
B. The USR map shall be amended to delineate the following:
1. Show the Colorado Department of Transportation (CDOT) the SH 392 right-of-way on the map
along with the documents creating the right-of-way. (Development Review)
2. CR 37 is a paved 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 site map the future and existing right-of-way (along with the documents creating
the existing right-of-way) 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 onto CR 37 and the usage type(s) (Agriculture,
Residential, Commercial/Industrial, or Oil and Gas). Development Review will review the access
location as a part of the plan submittal. (Development Review)
4. Show and label the drainage flow arrows. (Development Review)
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, Planning Department has 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.
Prior to Construction:
A. The access permit shall be obtained, and an approved tracking control shall be constructed prior
to on -site construction. (Development Review)
B. 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 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. (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: Chris Gathman
From: Lauren Light, Environmental Health Services
Date: July 24, 2023
Re: USR23-0032 Applicant: McKee Ranch, LLLP, c/o CBEP Solar 16, LLC
Environmental Health Services has reviewed this Site -Specific Development Plan and Use by
Special Review Permit for a 7.5 MW Solar Energy Facility (SEF) 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 abatement plan was submitted which indicates water will be used during
construction and revegetation or chemical methods will be utilized during operation. Sheep
will be used for vegetation control. A noise study was completed by Kimley/Horn, and it was
determined that noise mitigation measures are not needed at this time since the anticipated
operational sound levels will remain below the allowable noise levels at the nearest noise -
sensitive receptors around the site during daytime hours.
Environmental Health Services recommends 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 and operation 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 facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit
requirements as stipulated by the Air Pollution Control Division, Colorado Department
of Public Health and Environment, as applicable.
7. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as delineated in 25-12-103 C.R.S.
8. 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
From: Thomas Potter
To: Chris Gathman
Cc: Maxwell Nader
Subject: USR23-0032 REFERRAL
Date: Friday, July 14, 2023 2:26:23 PM
Good afternoon, Chris.
Buildings referral for this site are as follows.
Structure shall be compliant with the current adopted codes and amendments:
2018 (IBC) International Building code.
2018 (IECC) International Energy code.
2020 ( NEC) National Electrical code.
The climatic and geographical design criteria including:
30 lb ground snow load.
110 MPH 3 second gust wind load.
Seismic design B.
Frost depth 30"
The current Fire code adopted by the fire district having jurisdiction. (EATON FIRE PROTECTION
DISTRICT)
"Our Mission is safe building practice"
Any questions or concerns, please contact me.
Thank you.
Thomas Potter
Building Plans Examiner II
Department of Planning Services
1402 N 17th Ave
Greeley Colorado 80631
(970) 400-3518
Confidentiality Notice: 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
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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.
Submit by Email
Weld County Referral
July 14, 2023
The Weld County Department of Planning Services has received the following item for review:
Applicant: McKee Ranch, LLLP, c/o CBEP Solar 16, LLC Case Number: USR23-0032
Please Reply By: August 11, 2023 Planner: Chris Gathman
Project: A Site Specific Development Plan and Use by Special Review Permit for a 7.5 MW Solar
Energy Facility (SEF) in the A (Agricultural) Zone District.
Parcel Number: 080524000024-R1341086 Legal: E2NE4 SECTION 24, T6N, R66W of the 6th P.M.,
Weld County, Colorado.
Location: South of and adjacent to State Highway 392 and west of and adjacent to County Road 37.
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.
n We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
n We have reviewed the request and find no conflicts with our interests.
n See attached letter.
Signature v /J� Y' 2 Z4 Date July 25, 2023
O 0
Agency Oil and Gas Energy Department
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
Weld County
Oil & Gas Energy Department
Referral Comments
Referring Agency: Weld County Department of Planning Services
Reference Number: USR23-0032
Associated Parcel: 080524000024
OGED Reviewer: Kelly Holliday
Review Date: July 25, 2023
The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to
comment on the captioned planning case. Staff has completed review of the proposal and have no
conflicts with the proposed activity. We have included additional comments below:
1. There are no active or proposed 1041 WOGLA Permits on the associated parcel. There are
several oil and gas well sites in the area surrounding the parcel.
2. The parcel includes one (1) active oil and gas well, 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
05-123-34816
PDC ENERGY INC
24-42 Swift
PR
3. The parcel includes one (1) plugged and abandoned (PA) well listed in Table 2 below.
Additional information regarding these plugged and abandoned wells is available from the
Colorado Oil and Gas Conservation Commission (COGCC). 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
05-123-11435
FRANCIS ENERGY INC
1 MONFORT
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 COGCC 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.
EATON FIRE
PROTECTION
DISTRICT
50 S. Maple Ave
Eaton, CO 80615
(970) 454-2115
EATONFfRE.ORG
July 24, 2023
SUBJECT: WELD COUNTY REFERRAL
NAME: MCKEE RANCH SOLAR PROJECT
LOCATION: 32363 WCR 37, EATON, COLORADO
The Eaton Fire Protection District Prevention Bureau has reviewed the submitted solar
farm drawings for the above project. Please review the following requirements and
comments based on the International Fire Code (IFC) and locally adopted amendments:
1) Effort to be made to keep the general public out of the photovoltaic array areas.
2) Electrical work performed shall be in accordance with the National Fire Protection
Association (NFPA) 70.
3) If it is the type of solar photovoltaic system with rapid shutdown it shall be labeled
with one of the following:
a. For solar photovoltaic systems that shut down the array and the conductors
leaving the array, a label shall be provided and state the following:
SOLAR PV SYSTEM EQUIPPED
WITH RAPID SHUTDOWN
TURN RAPID SHUTDOWN
SWITCH TO THE
soon
"OFF" POSITION TO
Pi NW
SHUT DOWN PV SYSTEM
AND REDUCE
SHOCK HAZARD
IN ARRAY
b. For photovoltaic systems that only shut down conductors leaving the array, a
label shall be provided and state the following:
TURN RAPID SHUTDOWN
SWITCH TO THE "OFF"
POSITION TO
SHUT DOWN CONDUCTORS
OUTSIDE THE ARRAY.
CONDUCTORS WITHIN
ARRAY REMAIN
ENERGIZED IN SUNLIGHT
-
EATON FIRE
PROTECTION
DISTRICT
50 S. Maple Ave
Eaton, CO 80615
(970) 454-2115
EATONFfRE.ORG
4) A rapid shutdown switch shall have a label located not greater than 3 feet from the switch
that states the following:
a. RAPID SHUTDOWN SWITCH
FOR SOLAR PV SYSTEM
5) A Knox Pad Lock or Knox Key Switch shall be provided at the gate entrance for Eaton Fire
Protection District for emergency access.
Should there be any questions or concerns please do not hesitate to reach out.
THE TOWN OF
EATON
September 22, 2023
Chris Gathman
1402 N. 17th Avenue,
Greeley, CO 80632
Re: USR23-0032
Solar Energy Facility
The proposed Site -Specific Development Plan and Use by Special Review Permit for a 7.5 MW Solar Energy
Facility (SEF) located on parcel 080524000024 lies on the border of the Town of Eaton's southern growth
boundary.
The Town of Eaton respectfully opposes this proposed development due to its location and potential impact
on future growth and development of the Town. State Highway 392 is the Town's southern growth
boundary. The proximity to Greeley and State Hwy 392 makes Eaton's southern growth boundary more
attractive to growth and development. Because it is a major corridor, the Town finds that this development
could remove valuable real estate that could otherwise become commercial or residential, dissuade
development of surrounding properties, and negatively impact surrounding uses and property values. For
these reasons, the Town finds the proposed land use inappropriate adjacent to Eaton's planning boundary.
Please enter these comments into the record for USR23-0032.
Scott E. Moser
Mayor, Eaton Colorado
CC. Wesley LaVanchy, Town Administrator
Greg Brinck, Assistant Town Administrator
Vincent Harris, AICP, Town Planner
City Limits open data
selection
IGA Boundary Urban
Growth Area Map Per
Appendix 19-G
Planning_Boundaries
From: Marette - DNR, Brandon
To: Chris Gathman
Cc: Davis - DNR, Jackson; Lexi Hamous-Miller - DNR
Subject: McKee Ranch Solar Project (USR23-0032)
Date: Thursday, August 31, 2023 9:47:50 AM
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Good morning Chris,
CPW appreciates the opportunity to review this project and to provide comments and
recommendations to avoid and minimize impacts to wildlife resources.
CPW encourages the following recommendations for this small solar projects:
• 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.
• CPW recommends that other non -security fencing is kept to a minimum. Where such
fencing is required, please use wildlife -friendly fencing specifications as described in
CPW's document entitled "Fencing with Wildlife in Mind."
• CPW recommends that the solar facility is checked weekly (or escape structures are
installed inside the fenced area) to allow deer to escape if one becomes trapped within
the facility.
• If construction is slated from March 15 to July 15, please complete pre -construction
nesting surveys for songbirds, Burrowing Owls, and ground- or tree -nesting raptors
within the Project area or in the immediate vicinity (e.g., their buffers may extend into
the Project area) within a couple of weeks of construction.
**Jackson (the cc'd DWM) noted that there is a known Swainson's Hawk
nest on the SE corner of the development that should be surveyed for
occupancy, if construction begins between April 1 to July 31 (per CPW's
Raptor Recommendations)
• For any new 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 the timing or scope of this project changes and/or if you have any questions, please let me
know.
Regards,
Brandon B. Marette, CWB®
Northeast Region Energy Liaison
Direct (720) 880-0819
6060 Broadway, Denver, CO 80216
brandon.marette@state.co.us
CPW's Energy Webpage
CPW's Wildlife Movements Webpage
•••
Weld County Referral
Y
July 14, 2023
Submit by Email
The Weld County Department of Planning Services has received the following item for review:
Applicant: McKee Ranch, LLLP, c/o CBEP Solar 16, LLC Case Number: USR23-0032
Please Reply By: August 11, 2023 Planner: Chris Gathman
Project: A Site Specific Development Plan and Use by Special Review Permit for a 7.5 MW Solar
Energy Facility (SEF) in the A (Agricultural) Zone District.
Parcel Number: 080524000024-R1341086 Legal: E2NE4 SECTION 24, T6N, R66W of the 6th P.M.,
Weld County, Colorado.
Location: South of and adjacent to State Highway 392 and west of and adjacent to County Road 37.
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
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 Paulina Somosa Avalos Date 08/09/2023
Agency City of Greeley
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
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