HomeMy WebLinkAbout20230769.tiffMEMORANDUM
TO: Kim Ogle, Planning Services
FROM: Melissa J King, PE, Development Review
DATE: January 23, 2023
SUBJECT: USR23-0005 SEF Harrington
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 Solar Energy
Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District.
This project is south of and adjacent to CR 76 and is east of CR 39.
Parcel number: 070932200064.
Access is onto CR 39 and CR 76.
ACCESS
Development Review has reviewed the application materials related to access.
The applicant has proposed access onto CR 39 at an existing unpermitted access point approximately 900
feet south of the intersection of CR 39 and CR 76. The use of this access point would require an access
easement across the parcel due east.
This access point appears to meet the Minimum Access Spacing Criteria, specified in Table 1 below. The
applicant shall obtain an access permit.
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
CR 39 is a paved 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 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.
CR 76 is a paved 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 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.
Per, Sec. 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
The most recent traffic counts (2021) for this portion of CR 39 found the annual average daily traffic is 2,264
vehicles per day with 15% trucks.
Traffic information submitted with the application materials indicates that construction traffic will be 10-15
vehicles per day of which 2 may be heavy vehicles and that the operation traffic would be 2-4 vehicles per
year.
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
This area IS within an Urbanizing Drainage Area: Urbanizing Drainage Areas typically require detention of
runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at
the historic runoff rate of the 1 -hour, 5 -year storm falling on the undeveloped site for URBANIZING areas.
Detention pond waived and a simple drainage narrative:
The applicant has submitted a drainage narrative stating that the site consists of A soils on the downgradient
half of the parcel. Thus, the site is exempted from stormwater detention per Sec. 23-4-1030.B. of the Code.
No additional stormwater management and detention 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 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. CR 39 is a paved road and is designated on the Weld County Functional Classification Map as an
local road which requires 60 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)
2. CR 76 is a paved road and is designated on the Weld County Functional Classification Map as an
local road which requires 60 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 existing proposed access point onto CR 39 and the usage type (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 approved access and 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: Kim Ogle
From: Lauren Light, Environmental Health Services
Date: January 23, 2023
Re: USR23-0005 Applicant: Kenneth Harring, c/o CBEP Solar 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. Sheep will be used to control weeds and water will be provided by a water
truck.
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
LANCE CUSTER GRASMICK JONES & DONOVAN, LLP
ATTORNEYS AT LAW
5245 RONALD REAGAN BLVD., SUITE 1
JOHNSTOWN, COLORADO 80534
TELEPHONE: 970-622-8181
WWW.LCWATERLAW.COM
brad@u,lewaterlaw.eom
Bradley C. Grasmick • David P. Jones • Ryan M. Donovan • Wesley S. Knoll
David L. Strait • Linda Preslan Bower • Richard T. LiPtmia (Of Counsel)
February 16, 2023
TO: Kim Ogle
Weld County Planning Department
kogle@weldgov.com
RE: Comments on URS 23-0005
Dear Kim:
We represent the Gale and For Far Lateral Companies (the "Companies"). These Companies
own the Gale Lateral and For Far Lateral, respectively. These laterals are used to deliver water
from the Larimer and Weld Irrigation Company Canal for the irrigation of lands owned by
Shareholders of the Larimer and Weld Irrigation Company, Larimer and Weld Reservoir
Company, WRCC Inc and these Companies. CBEP Solar 6, LLC's (hereinafter the "Applicant")
application under USR 23-0005 for its proposed solar facility would have several impacts to the
operation, use, maintenance, repair, rehabilitation and replacement of the Gale and For Far
Laterals. In addition, it may detrimentally impact the water quality in these laterals and the farming
operations of the shareholders who take delivery from these laterals and increase the costs to
operate and maintain these ditches. In light of these detrimental impacts, we request that USR 23-
0005 not be approved unless and until the Applicant has addressed the following issues:
• The Applicant presently has no right to cross these ditches with any bridges, power lines
(overhead or underground) or any other facility necessary for Applicant to construct,
operate and access its proposed solar facility. Applicant must obtain an agreement with
the Gale and/or the For Far Lateral Company if it desires to cross either of these ditches.
• Applicant has no right to utilize the ditch roads to access the property. Increased traffic on
any ditch roads will adversely impact the condition of the road, the Companies ability to
use the same, increase the costs associated with maintenance of the road and also increase
the risk of damage to the Companies' ditches. Applicant must demonstrate that it can
1
access the property to be developed without use of the Companies' ditch road or must enter
an agreement with the Companies regarding the same.
• All facilities to be installed by the Applicant must be set back so as to insure that the ability
of the Gale and For Far Lateral Companies have sufficient area, as the exigencies may
require, to operate, maintain, repair, replace, and rehabilitate its ditches, access roads and
appurtenant facilities. The Companies regularly burn these ditches as part of their ordinary
course of maintenance. Any facilities, trees, plants or other items proposed to be installed
must be appropriately set back from the ditches and made of a material that will not burn.
Furthermore, any overhead facilities which cross the ditch must be of a sufficient height
and set away from the ditches and ditch roads so as not to impact the ditches and
appurtenant facilities.
• Without water to this property it is questionable whether a stand of native grass can be
established and maintained. A dry land vegetative ground cover must be established and
maintained prior to any installation of these facilities and must be confirmed to be in good
condition after installation of the proposed facilities. Any grazing by sheep as proposed
by Applicant must not result in over grazing of the property. Dust, erosion and weed
management on this property is critical as blowing dirt, soil erosion and the proliferation
of weeds can negatively impact the delivery of water from these ditches and the farms
irrigated by these ditches.
• A property recovery, remediation and rehabilitation plan must be in place for the property
to address how the property will be rehabilitated upon the decommissioning of the solar
facility. Specifically, how will the applicant ensure that the facilities will be
decommissioned and removed and the property restored once the facility is no longer in
use. We specifically request Weld County require a performance bond or some other surety
to guarantee the property will be remediated at the end of this facilities' useful life.
• The Applicant must present a drainage plan for the proposed development which ensures
that water from this facility will not drain into either ditch.
We thank you in advance for your consideration of these comments. Please feel free to contact
me with any questions.
Sincerely,
LAWRENCE CUSTER GRASMICK JONES & DONOVAN LLP
Bradley C. Grasmick
Cc: Leon Cozzens, Kimberly Nelson
2
Weld County Referral
Y
January 19, 2023
Submit by Email
The Weld County Department of Planning Services has received the following item for review:
Applicant: Kenneth Harring, c/o CBEP Solar 6, LLC Case Number: USR23-0005
Please Reply By: February 16, 2023 Planner: Kim Ogle
Project: Site Specific Development Plan and 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: 070932200064-R4004106 Legal: LOT B REC EXEMPT RE -4163, BEING PART NW4
SECTION 32, T7N, R65W of the 6th P.M., Weld County, Colorado.
Location: Approximately 980 -feet south of County Road 76 and approximately 1300 -feet east of
County Road 39.
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
FT
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 Donna George Date 2.6.2023
Agency Public Service Company of Colorado dba Xcel Energy
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax
0. XcelEnergysM
PUBLIC SERVICE COMPANY
February 6, 2023
Weld County Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Attn: Kim Ogle
Right of Way & Permits
1123 West 3'd Avenue
Denver, Colorado 80223
Telephone: 303.571.3306
Facsimile: 303. 571. 3284
donna.l.george@xcelenergy.com
Re: Site Specific Development Plan and Use by Special Review Permit for a Solar
Energy Facility, Case # USR23-0005
Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk has determined
there is a potential conflict with the above captioned project. Public Service Company has existing
electric transmission lines along County Road 39. Any activity including grading, proposed landscaping,
erosion control or similar activities involving our existing right-of-way will require Public Service Company
approval. Encroachments across Public Service Company's easements must be reviewed for safety
standards, operational and maintenance clearances, liability issues, and acknowledged with a Public
Service Company License Agreement to be executed with the property owner. PSCo is requesting that,
prior to any final approval of the plan, it is the responsibility of the property owner/developer/contractor to
have this project assigned to a Land Rights Agent for development plan review and execution of a
License Agreement via either of the following:
-website www.xcelenergy.com/rightofway
-email coloradorightofway@xcelenergy.com
PSCo also has existing overhead electric distribution facilities along the south line of Lot A and within
Lot B. The property owner/developer/contractor must complete the application process for any new
electric service, or modification to existing facilities via xcelenergy.com/InstallAndConnect. It is then the
responsibility of the developer to contact the Designer assigned to the project for approval of design
details.
For additional easements that may need to be acquired by separate document for new facilities, the
Designer must contact a Right -of -Way and Permits Agent.
PSCo has no apparent concerns with the location of the solar panels.
As a safety precaution, PSCo would like to remind the developer to contact Colorado 811 for utility
locates prior to construction.
Donna George
Right of Way and Permits
Public Service Company of Colorado dba Xcel Energy
Office: 303-571-3306 — Email: donna.l.george@xcelenergy.com
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