HomeMy WebLinkAbout20233017.tiffMEMORANDUM
TO: Chris Gathman, Planning Services
FROM: Melissa J King, PE, Development Review
DATE: July 20, 2023
SUBJECT: USR23-0031 CBEP Solar 32 LLC/Fabrizius, Heinze
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 5 MW Solar
Energy Facility (SEF) in the A (Agricultural) Zone District.
This project is north of and adjacent to SH 392 and is west of CR 43.
Parcel number: 080316300037 Lot B RE -3682.
Access is onto SH 392.
ACCESS
Development Review has reviewed the application materials related to access.
Access is proposed onto SH 392 at an existing agricultural access on the southeastern corner of the parcel.
The recorded plat (REC. No. 3155277) for RE -3682 includes this access point, as well as one on Lot A of
RE -3682 that would be a shared agricultural access point onto SH 392. The application included
information concerning a third access point onto SH 392. This third access point has not been found on
any recorded documents.
The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to state highways.
Please contact Mr.Tim Bilobran at the Greeley office (970-350-2163) to verify the access permit or for any
additional requirements that may be needed. (State Highway 392)
ROADS AND RIGHTS -OF -WAY
The property proposes to access onto 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.
TRAFFIC
A traffic letter and a traffic narrative were received with the application materials. Both were forwarded to
CDOT as SH 392 is under their jurisdiction.
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. An access permit shall be obtained from Colorado Department of Transportation prior to recording the
USR map. (Development Review)
B. The USR map shall be amended to delineate the following:
1. Show the Colorado Department of Transportation (CDOT) access point onto SH 392 and the
right-of-way on the map along with the documents creating the right-of-way. (Development
Review)
2. 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:
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. 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: USR23-0031 Applicant: Louis & Gina Fabrizius c/o CBEP Solar 23, LLC
Environmental Health Services has reviewed this Site -Specific Development Plan and Use by
Special Review Permit for a 3.6 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; Maxwell Nader
Cc: Robert Godin
Subject: USR23-0031 REFERRAL
Date: Friday, July 14, 2023 3:09:13 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
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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.
PROJECT:
MEMORANDUM
TO: Chris Gathman DATE: July 26, 2023
FROM: Diana Aungst
SUBJECT: USR23-0031, Stanley and Fabrizius
A Site Specific Development Plan and Use by Special Review permit for a 5 MW Solar Energy Facility
(SEF) in the A (Agricultural) Zone District.
PARCEL: 080316300037
DELINEATE ON THE MAP:
1. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services - Floodplain)
PRIOR TO CONSTRUCTION:
1. If there is any disturbance/construction in the floodplain a Floodplain Development Permit is required.
(Department of Planning Services - Floodplain)
DEVELOPMENT STANDARDS:
1. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C -1535E effective date will be January 20, 2016 (Sand Creek
Floodplain). Any development shall comply with all applicable Weld County requirements, Colorado
Water Conservation Board requirements as described in Rules and Regulations for Regulatory
Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60,
and 65. The FEMA definition of development is any man-made change to improved or unimproved
real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials. (Department of Planning
Services - Floodplain)
2. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain boundaries
have been modified. (Department of Planning Services - Floodplain)
Submit by Email
Weld County Referral
July 14, 2023
The Weld County Department of Planning Services has received the following item for review:
Applicant: Louis & Gina Fabrizius c/o CBEP Solar 32 LLC Case Number: USR23-0031
Please Reply By: August 11, 2023 Planner: Chris Gathman
Project: A Site Specific Development Plan and Use by Special Review permit for a 5 MW Solar Energy
Facility (SEF) in the A (Agricultural) Zone District.
Parcel Number: 080316300037-R2847104 Legal: Lot B RE -3682; being part of the S2 Section 16, T6N,
R65W of teh 6th P.M., Weld County, Colorado.
Location: North of and adjacent to State Highway 392 and approximately1,600 feet east of County
Road 41.
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 Eaton Fire Protection District
Date July 24, 2023
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
EATON FIRE
PROTECTION
DISTRICT
50 S. Maple Ave
Eaton, CO 80615
(970) 454-2115
EATONFfRE.ORG
July 24, 2023
SUBJECT: WELD COUNTY REFERRAL
NAME: LUCERNE SOLAR PROJECT
LOCATION: HWY 392, GREELEY, 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.
From: Shepherd - CDOT, Robert (Mike)
To: Chris Gathman
Cc: Allyson Young - CDOT; Timothy Bilobran - CDOT
Subject: Referral case # USR23-0031
Date: Tuesday, August 15, 2023 10:46:24 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.
Hi Chris,
Sorry for the delay on this we got swamped with referrals.
For case # USR23-0031 CDOT would require for them to apply for an Access Permit.
If you have any questions please let me know.
Mike Shepherd
Assistant Access Manager / Utility Permits
P (970)324-4823
10601 West 10th Street, Greeley, CO 80634
Mike.shepherd@state.co.us I http://codot.gov/
www.cotrip.org
From: Marette - DNR, Brandon
To: Chris Gathman
Cc: Davis - DNR, Jackson; Lexi Hamous-Miller - DNR; Boyd Wright - DNR
Subject: Lucerne Solar Project (USR23-0031)
Date: Thursday, August 31, 2023 9:54:38 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 project:
• A small northeast portion of this project intersects Aquatic Native Species
Conservation Waters, which is a mapped High Priority Habitat. The BMP is to ensure
fencing and access roads are more than 500 feet away from the ordinary high water
mark.
• 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.
• 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
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