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HomeMy WebLinkAbout20233445.tiff II, r1 ; _ USE BY SPECIAL REVIEW PERMIT ��Ei ���• STAFF COMMENTS uNTY Planner: Diana Aungst Hearing Date: November 7, 2023 Case Number: USR23-0027 Owner: Phyllis Burkgren 1890 S. Marshall Circle, Lakewood, CO 80232 Agent: USS South Platte Solar, LLC c/o Luke Gildemeister 100 N. 6th Street Suite 410B, Minneapolis, MN 55403 Request: 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. Legal Being part of the W2SE4 of Section 36, Township 5 North, Range 66 West of the 6th P.M., Description: Weld County, CO Location: South of and adjacent to CR 394 and approximately 0.5 miles east of CR 35 Acreage: Parcel boundary: +/-43.7 acres Solar array: +1- 19.7 acres Parcel No. 0959-36-0-00-013 The criteria for review of this Special Review Permit are listed in Section 23-2-220 and Section 23-4-1030 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: ➢ Town of LaSalle, referral dated July 21, 2023 ➢ Colorado Parks and Wildlife, referral dated August 4, 2023 ➢ Weld County Oil and Gas Energy Department, referral dated June 29, 2023 ➢ Weld County Department of Public Health and Environment, referral dated June 22, 2023 ➢ Weld County Department of Planning Services—Development Review, referral dated June 30, 2023 ➢ Weld County Department of Planning Services—Floodplain Administrator, referral dated September 19,2023 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ➢ City of Greeley, referral dated July 6, 2023 ➢ Weld County Sheriff's Office, referral dated June 22, 2023 ➢ West Greeley Conservation District, referral dated July 10, 2023 ➢ Central Weld County Water District, referral dated July 11, 2023 ➢ State of Colorado, Division of Water Resources, referral dated July 7,2023 ➢ Northern Colorado Water Conservancy District, referral dated June 28,2023 The Department of Planning Services' staff has not received responses from the following agencies: ➢ City of Evans ➢ Godfrey Ditch USR23-0027 I Burkgren Page 1 of 14 ➢ SRC Energy, Inc. ➢ Town of Garden City ➢ Chevron Corporation ➢ LaSalle Fire Protection District ➢ Weld County School District RE-1 ➢ Central Colorado Water Conservancy ➢ Panhandle Eastern Pipeline Company ➢ Weld County Office of Emergency Management CASE SUMMARY: The applicant, US Solar LLC, is requesting a Use by Special Review Permit for a 3.625 MW Solar Energy Facility (SEF) which will encompass 19.7 acres of land of a 43 acres parcel that is owned by Phyllis Burkgren. The Godfrey Ditch runs east/west through the subject site and the SEF will be located south of the ditch. The SEF will consist of about 8,748 solar modules. The solar panels will not exceed twenty-five (25)feet in height. During construction there will be a crew of about twenty(20)people on site each day. Construction activities will take place Monday through Saturday from 7:00 a.m. to 7:00 p.m. One (1)temporary construction trailer and three (3) storage containers may be located on-site during construction. Construction takes about 7- 10 weeks. US Solar will place a temporary cover crop onsite to minimize erosion and dust-creation throughout construction. Post construction, one (1)full-time employee may visit the proposed SEF on a quarterly basis. Vegetation contractors will visit the site on a quarterly basis for vegetation management purposes. US Solar's full-time employees will have the ability to remotely monitor the site 24/7/365. According to the application materials the nature and location or expansion of the proposed SEF will not interfere with any irrigation systems on or adjacent to the SEF. The fencing is proposed to be agricultural page-wire fence consisting of wooden posts approximately eight(8)feet tall. There are no residences within 500 feet of the SEF. The facility is unmanned, and no water or sewage disposal service is proposed. Bottled water and portable toilets will be provided during construction. A Decommissioning and Reclamation Plan along with a cost estimate was submitted with the application materials. DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are compliant with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 [Weld County Comprehensive Plan] and any other applicable code provisions or ordinance in effect. Section 22-2-10.C. states: "Promoting Economic Growth and Stability. Land use policies have a significant impact economic conditions in the County and should be structured to encourage economic prosperity. To ensure the continued strength of Weld County's economy, land use processes and decisions based on this plan [Comprehensive Plan] shall be consistent and promote financially responsible growth." USR23-0027 I Burkgren Page 2 of 14 This Solar Energy Facility will provide construction jobs initially and energy generation to Weld County.These functions directly support economic prosperity.This Solar Energy Facility, being a power-generating facility, will add variety, stability and redundancy to the existing electrical grid. Traditional energy resources are tied to commodity markets and can vary in demand and output. This facility can complement and support the economy during times of fluctuating oil and gas activity. 22-2-30.C. Harmonize development with surrounding land uses. The adjacent land will experience minimal nuisance from the SEF, which is an unmanned energy development facility. There are no residences less than five hundred (500) feet from the facility. B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The A(Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the County. The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy development, without the interference of other, incompatible land uses." Once the proposed SEF is operational, residents, businesses, and public entities within Xcel Energy's service territory will have the ability to subscribe to the proposed SEF and save 5 to 10 percent on their monthly electric utility bills. Section 23-3-40.FF. — Uses by special review, of the Weld County Code includes, "Solar Energy Facilities(SEFs), being more than five(5)acres in size but less than one-hundred sixty (160) acres in the Near/Urban Area as shown on Appendix 21-B, or being more than five (5) acres but less than three-hundred twenty (320) acres in the Ag/Rural Area as shown on Appendix 21-B." This code section allows the applicant to apply for the subject Solar Energy Facility, being located in the Near/Urban Area as shown by map in Appendix 21-B. Per Section 23-1-90 of the Weld County Code, a "Solar Energy Facility" means: "a commercial facility whose primary purpose is to supply electricity and consists of one or more solar arrays and other accessory structures, equipment, including substations, switchyards, battery storage, electrical infrastructure, generators, transmission lines, communications infrastructure, and other appurtenant structures and/or facilities." The SEF will encumber approximately nineteen (19) acres and qualifies as a SEF USR. This SEF will include three (3) conex (cargo) containers during construction. These cargo containers shall be removed from the site during operations or shall be reduced to two (2) as two (2) cargo containers are allowed as an Accessory Use, per Section 23-3-30.B of the Weld County Code. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. There are eight(8)A(Agricultural)zoned properties that surround this site. Because the Solar Energy Facility is located on the south side of the property there are no residences less than 500 feet from the proposed facility. The surrounding land uses are primarily agricultural. USR23-0027 I Burkgren Page 3 of 14 There are eight (8) USRs within one (1) mile of the site: USR-1053 for seed production, SUP- 446 for a 20 dog kennel, USR-600 for a natural gas facility, USR-848 for a storage facility, SUP- 131 for a gravel pit, 3rd Amended USR-597 for a natural gas processing facility, USR-1163 for a storage and parking of oilfield equipment, and USR13-0012 for agricultural services. The Godfrey Ditch runs east/west through the subject site and the SEF will be located south of the ditch. US Solar has been in contact the Godfrey Ditch representative, Mr. Daniel Gallen, Water Resources Specialist at Aurora Water. Mr. Gallen is aware the SEF and of US Solar's need to cross the ditch. US Solar will eventually likely need to execute a Crossing Agreement with Godfrey Ditch. Per the application materials Mr. Gallen doesn't anticipate any issues between the proposed SEF and the ditch owners. But stated that US Solar should avoid significant grading so that sediment would not blow into the ditch. US Solar does not plan on conducting any significant grading on the parcel. Mr. Gallen stated that any access-path improvements would need to be brought to the ditch owners. However, US Solar does not anticipate any major access-path improvements, and plan on utilizing the existing eastern gravel access path. The Godfrey Ditch did not return any referral agency comments. An Approved Jurisdictional Determination (AJD) (NWO-2022-01095-DEN)from the U.S. Army Corps of Engineers, dated December 20, 2022, was provided stating that all features on the site (except for Godfrey Ditch)are not Waters of the U.S. and therefore do not require a permit for the discharge of dredged or fill material. The site is also in a floodplain. Weld County Department of Planning Services staff sent notice to seven (7) surrounding property owners within 500 feet of the proposed USR boundary. No written correspondence or telephone calls were received. The proposed use is in an area that can support this development and the Development Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. D. Section 23-2-220.A.4 --That the uses which would be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of this Code or master plans of affected municipalities. The site is located within the Coordinated Planning Agreement Area(CPA)for the City of Evans and the Town of LaSalle. As part of the pre-application process the municipalities were sent a Notice of Inquiry (NOI). The City of Evans submitted a Notice of Inquiry dated May 26, 2023 that stated no concerns and that they didn't wish to annex. According to the City of Evans' Community Master Plan (-2022) and corresponding future land use map the site is located outside the City's Urban Growth Boundary. The Town of LaSalle submitted a Notice of Inquiry dated June 6, 2023 stating that they do wish to annex when the property is eligible. The comprehensive plan map for the Town of LaSalle shows the site within the primary and secondary growth boundaries and 100-year floodplain. The site is located within the three(3) mile referral area of the Cities of Greeley and Evans and the Towns of LaSalle and Garden City. The City of Evans and the Town of Garden City did not submit referral agency comments. The City of Greeley submitted referral agency comments dated July 6, 2023 stating that they have no concerns. The Town of LaSalle submitted referral agency comments dated July 21, 2023 that included the following comments: 1. A requirement for a flood plain development permit for the project; 2. A condition regarding annexation of the property when eligible and at the request of the Town; 3. A condition on the permit prohibiting truck traffic for the project traveling on First Avenue through the Town of LaSalle; USR23-0027 I Burkgren Page 4 of 14 4. A requirement for applicant to provide an integrated weed management plan to assure weeds are controlled at the site; 5. A requirement for an erosion control plan to make sure storm water runoff is managed to limit transport of sediment into adjacent properties and the existing irrigation ditch on the property; 6. A requirement for construction traffic from the south to use CR 35 as the primary haul route for the project; 7. A limitation on left turns from HWY 85 onto 394 and from 394 onto HWY 85. 8. If construction traffic will travel on 394 through the LaSalle town limits, please require the applicant to enter into a road maintenance agreement with the Town of LaSalle. The applicant provided an email dated October 4, 2023 that stated that a discussion was held with the Town and that US Solar is agreeable to all eight(8)conditions as stated by the Town. E. Section 23-2-220.A.5 -- That the application complies with Articles V and XI of this Chapter if the proposal is located within an overlay zoning district or a special flood hazard area identified by maps officially adopted by the county. The property is not located within any overlay district officially adopted by the County, including A-P (Airport) Overlay District, 1-25 Overlay District, Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System area, Historic Townsites Overlay District,Agricultural Heritage Overlay District, or part of a Disproportionally Impacted Community. The property is located within a Special Flood Hazard Area. Building Permits issued on the lot will be required to adhere to the fee structure of the County- Wide Road Impact Fee Program, County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately 20 acres of soils designated as "Prime Farmland if drained and either protected from flooding or not frequently flooded during the growing season" Aquolls and Aquents, gravelly substratum per the USDA Natural Resources Conservation Service (NRCS) Custom Soil Report. The proposed use of the property for an SEF will not remove topsoil from the property.After the life of the SEF the land may be returned to historic uses. According to the applicant materials, "Historically, this property has been used for farming row crops like corn, wheat, soybeans, etc. Our landowners have informed us that, in 2023, they've teamed up with Petrocco Farms to plant vegetables on the parcel.While US Solar doesn't know the exact motive for Phyllis Burkgren signing our solar lease, we assume it's financial. Put another way, it's likely more financially-viable for our landowners to lease this land to US Solar for the operation of an SEF than our landowners leasing this land to a tenant farmer for the harvesting of row crops and vegetables." The applicant submitted a follow up email dated October 4, 2023 which states that the SEF will encompass approximately 19.7 acres of the forty-three (43) acres which allows the remaining 23.3 acres to continue to be utilized as cropland.Additionally, a majority of the 19.7 acres within USS South Platte's fenced area will be transformed into a diverse mix of pollinator-friendly, low-lying, deep-rooted grasses, which will be planted underneath the modules and between the rows. The general intention of this pollinator-friendly habitat is to reduce stormwater runoff and increase crop yields of any neighboring farmland.The pollinator-friendly habitat is intended to enhance the local wildlife, such as bumblebees, monarch butterflies, and more. This site will also involve agrivoltaics in the form of beekeeping. A community beekeeper is invited to use USR23-0027 I Burkgren Page 5 of 14 the site as an apiary.While the solar panels generate electricity from the sun, bees make honey and pollinate the habitat planted underneath and in-between the rows of solar panels. G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250,Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This proposal has been reviewed by the appropriate referral agencies and it has been determined that the attached conditions of approval and development standards ensure that there are adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and county and will address and mitigate impacts on the surrounding area with the operation of this facility. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDATION FOR APPROVAL IS CONDITIONAL UPON THE FOLLOWING: 1. Prior to recording the map: 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 applicant shall comply with the referral comments from Colorado Parks and Wildlife, as stated in the referral response dated August 4, 2023. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) C. The applicant shall submit an executed crossing agreement from Godfrey Ditch. (Department of Planning Services) D. The applicant shall acknowledge the advisory referral comments from the Weld County Oil and Gas Energy Department, as stated in the referral response dated June 29, 2023. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) E. The applicant shall submit the Interconnection Agreement. (Department of Planning Services) F. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR23-0027. (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) 3) The map shall be prepared per Section 23-2-260.D and Section 23-4-1030 of the Weld County Code. (Department of Planning Services) 4) Show and label the required setbacks, in accordance with Section 23-4-1030.C.3 of the Weld County Code. (Department of Planning Services) USR23-0027 I Burkgren Page 6 of 14 5) Show and label any existing and proposed solar facility installations and electrical equipment, power lines, structures, temporary work trailers, storage containers (limited to two(2)per Section 23-3-30.B of the Weld County Code), storage areas and miscellaneous improvements, as applicable. Clearly indicate which items are temporary for use during construction and which items are permanent. (Department of Planning Services) 6) Show and label the required fencing, gates and any emergency and site identification signage, in accordance with Section 23-2-240.A.12 and Section 23-4-1030.C.6 of the Weld County Code. Include fence and sign specification details on the map. Refer to the Weld County Sign Code, as amended. (Department of Planning Services) 7) Show and label any on-site lighting, if applicable. All lighting shall be downcast and shielded so that light rays will not shine directly onto adjacent properties. Include lighting specification details on the USR map. Refer to Section 23-2-250.D. of the Weld County Code for design criteria. (Department of Planning Services) 8) Show and label the location of the trash collection areas, if applicable. Include specification details on the USR map. Refer to Section 23-2-240.A.13. of the Weld County Code for design criteria. (Department of Planning Services) 9) Show and label any planned oil and gas surface development areas, corridors, access roadways, etc. as part of any executed Surface Use Agreement. (Department of Planning Services) 10) Show and label all recorded easements and rights-of-way on the map by book and page number or reception number and recording date. (Department of Planning Services) 11) CR 394 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) 12) Show and label an approvable access point onto CR 394 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. The applicant must obtain an access permit in the approved location prior to construction. (Development Review) 13) Show and label the drainage flow arrows. (Development Review) 14) 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. (Floodplain Administration) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) USR23-0027 I Burkgren Page 7 of 14 3. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the specified timeline from the date the administrative review was signed, a $50.00 recording continuance fee shall be added for each additional 3-month period. (Department of Planning Services) 4. The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) 5. Prior to Construction: A. The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form of security in an amount sufficient to fund the estimated decommissioning/reclamation costs required by Section 23-4-1030.B.4 of the Weld County Code, for acceptance and approval by the Weld County Board of County Commissioners. Once approved, the Decommissioning and Reclamation Plan shall be updated to include the approved security information. (Department of Planning Services) B. The approved tracking control shall be constructed prior to on-site construction. (Development Review) C. An access permit shall be obtained prior to on-site construction. (Development Review) D. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Development Review) E. If there is any disturbance/construction in the floodplain a Floodplain Development Permit is required. (Department of Planning Services- Floodplain) 6. Prior to Operation: A. The site shall not contain more than two (2) cargo containers. (Department of Planning Services) USR23-0027 I Burkgren Page 8 of 14 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Phyllis Burkgren USR23-0027 1. A Site-Specific Development Plan and Use by Special Review Permit, USR23-0027, for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The Use by Special Review Permit shall be valid for three (3) years from the date of approval. If the site is not selected for being a participant in any community solar program the permit shall expire on the anniversary date of Board of County Commissioners approval. (Department of Planning Services) 4. Any future structures or uses on site must obtain the appropriate zoning and building permits. (Department of Planning Services) 5. The facility is unmanned and will operate year-round,according to the application materials. Limited maintenance personnel may visit the site once operational. (Department of Planning Services) 6. Height limitation. Ground-mounted solar collectors shall not exceed twenty-five (25)feet in height, measured from the highest grade below each solar panel to the highest extent of the solar panel rotation per Section 23-4-1030.C.1 of the Weld County Code, as amended. (Department of Planning Services) 7. Glare. A SEF shall be designed, located or placed so that concentrated solar glare from its solar collectors will not be directed toward or onto nearby properties or roadways at any time of the day per Section 23-4-1030.C.2 of the Weld County Code, as amended. (Department of Planning Services) 8. Setbacks. The Improved Area of the SEF shall conform to the setback requirements of the underlying zone. Additionally, the improved area must be at least five hundred (500) feet from existing residential buildings and residential lots of a platted subdivision or planned unit development. The residential setback requirement may be reduced if appropriate screening through landscape or an opaque fence is installed, or upon submittal to Weld County of a waiver or informed consent signed by the residence owner agreeing to the lesser setback. If landscaping or opaque fencing is substituted for setback, a landscaping plan or fencing plan shall first be submitted to and approved by the Department of Planning Services per Section 23-4-1030.C.3 of the Weld County Code, as amended. (Department of Planning Services) 9. Dust mitigation. The operators of the SEF shall continuously employ the practices for control of fugitive dust detailed in their accepted Dust Mitigation Plan per Section 23-4-1030.C.4 of the Weld County Code, as amended. (Department of Planning Services) 10. Underground cables. All electrical cables on the improved area shall be buried, except for direct current string wires that connect between solar collectors, direct current collection circuits between rows of solar arrays that are no more than four (4) feet above grade crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts (where necessary) per Section 23-4- 1030.C.5 of the Weld County Code, as amended. (Department of Planning Services) USR23-0027 I Burkgren Page 9 of 14 11. Fencing. The SEF shall be enclosed with a security fence as approved pursuant to the Fencing Plan shown heron. Appropriate signage shall be placed upon such fencing that warns the public of the high voltage therein per Section 23-4-1030.C.6 of the Weld County Code.All signs shall adhere to the adopted Weld County Sign Code, as amended. (Department of Planning Services) 12. Stormwater management. The Operator of the SEF shall comply with the approved Final Drainage Report and the required Storm Drainage Criteria pursuant to Chapter 8, Article XI of this Code. Ground-mounted solar collector systems shall be exempt from impervious surface calculations if the soil under the collectors is designated hydrologic A or B soil groups by the Natural Resources Conservation Service (NRCS) per Section 23-4-1030.C.7 of the Weld County Code, as amended. (Department of Planning Services) 13. Access permit. Prior to construction of the SEF,the applicant shall apply for and obtain an approved Access Permit from the Weld County Department of Planning, pursuant to the provisions of Article XIV of Chapter 8 of this Code per Section 23-4-1030.C.8 of the Weld County Code, as amended. (Department of Planning Services) 14. Existing irrigation systems.The nature and location or expansion of the SEF must not unreasonably interfere with any irrigation systems on or adjacent to the solar facility per Section 23-4-1030.C.9 of the Weld County Code, as amended. (Department of Planning Services) 15. Decommissioning. The site shall adhere to the accepted Decommissioning and Reclamation Plan. Weld County shall have the right to draw upon the irrevocable standby letter of credit, or other form of financial security, to pay for decommissioning in the event that the holder has not commenced decommissioning/reclamation activities within ninety (90) days of the Board of County Commissioners' order or resolution directing decommissioning/reclamation. (Department of Planning Services) 16. The site shall be maintained in accordance with the accepted Property Maintenance Plan. (Department of Planning Services) 17. The site shall be maintained in accordance with the accepted Lighting Plan. (Department of Planning Services) 18. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. (Department of Planning Services) 19. Landscaped areas shall be maintained by the owner/tenant of the property, including landscaped areas within the adjacent right-of-way. Maintenance shall include, but not be limited to, irrigating, mowing, pruning, removal of trash and weeds, and replacement of any required plantings that become diseased infested or otherwise unhealthy shall be replaced within the growing season or next calendar year whichever occurs sooner. (Department of Planning Services) 20. 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) 21. 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) 22. 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) 23. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement. (Development Review) USR23-0027 I Burkgren Page 10 of 14 24. Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plan. (Development Review) 25. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) 26. Weld County is not responsible for the maintenance of onsite drainage related features. (Development Review) 27. 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. (Department of Public Health and Environment) 28. 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. (Department of Public Health and Environment) 29. 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. (Department of Public Health and Environment) 30. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction and operation of the facility. (Department of Public Health and Environment) 31. 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. (Department of Public Health and Environment) 32. 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. (Department of Public Health and Environment) 33. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment) 34. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 35. 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 Maps # 08123C-1726F dated September 17, 2020 (South Platte River). 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 by not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. 36. 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. USR23-0027 I Burkgren Page 11 of 14 37. Lighting shall be maintained in accordance with the approved Lighting Plan (Department of Planning Services) 38. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 39. Building permits may be required, for any new construction, set up of manufactured structures, or change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2018 International Building Codes, 2018 International Energy Code,2020 National Electrical Code,and Chapter 29 of the Weld County Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be required or an Open Hole Inspection. A building permit must be issued prior to the start of construction. (Department of Building Inspection) 40. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee, County-Wide Road Impact Fee, and Drainage Impact Fee Programs. (Department of Planning Services) 41. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. (Department of Planning Services) 42. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended. (Department of Planning Services) 43. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 44. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 45. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 46. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3)years from the date of approval, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the landowner. USR23-0027 I Burkgren Page 12 of 14 47. A Use by Special Review shall terminate when the use is discontinued for a period of three (3) consecutive years, the use of the land changes or the time period established by the Board of County Commissioners through the approval process expires. The landowner may notify the Department of Planning Services of a termination of the use, or Planning Services staff may observe that the use has been terminated. When either the Department of Planning Services is notified by the landowner, or when the Department of Planning Services observes that the use may have been terminated, the Planner shall send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit. 48. In such cases where the Use by Special Review has terminated but the landowner does not agree to request to vacate the Use by Special Review Permit,a hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to request that the Use by Special Review Permit not be vacated, for good cause shown. The landowner shall be notified at least ten (10)days prior to the hearing. If the Board of County Commissioners determines that the Use by Special Review has terminated and no good cause has been shown for continuing the permit, then the termination becomes final, and the Use by Special Review Permit is vacated. 49. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a)the state's commercial mineral deposits are essential to the state's economy; (b)the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and people moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover,these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 50. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens,field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. USR23-0027 I Burkgren Page 13 of 14 Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development.When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000)square miles in size(twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. USR23-0027 I Burkgren Page 14 of 14 DEPARTMENT OF PLANNING SERVICES ti B 1402 North 17th Ave Greeley, CO 80631 Website:www.weld.gov . j N -Y Email: daungst@weld.gov Phone: (970) 400- Fax: (970) 304-6498 September 20, 2023 Luke Gildemeister 100 N 6th St#410B Minneapolis„ MN 55403 Subject: USR23-0027 - 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. On parcel(s) of land described as: W1/2 SE1/4 of Section 36,Township 5 North, Range 66 West of the 6th P.M.,Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on November 7, 2023 at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on December 6, 2023 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at https://accela- aca.co.weld.co.us/CitizenAccess Respectfully, CtiVkla, Diana Aungst Planner Diana Aungst From: Luke Gildemeister <luke.gildemeister@us-solar.com> Sent: Wednesday, October 4, 2023 11:05 AM To: Diana Aungst Subject: Re: Referral agency's with comments USR23-0027 Attachments: image001 jpg 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 Diana, For USS South Platte (USR23-0027), confirming I spoke with staff members at the town of La Salle this morning. US Solar is agreeable to the eight(8) conditions they listed. It is in US Solar's best interest to comply with the requests of La Salle+Weld County when it comes to construction traffic as we want to be a friendly neighbor: ❑ We I•a.,,c re.,.iencd tl•e request anc find that it does.does not comply with oL.r COri1farPhPnyIV2 Pla'1 n.caiiso We I dde rewie,nej tl.e request dno i rid na conflith with our Ir'reresls W See at 3Ched le'ter please see conolerds below. $Ignd1.Ir Paula Kutncer �� 721..2023 A er1Ly Town c1 Lanett:& Tie lane.or I n.SiKe has reviewed'ne LJSR as suhm-tled ano request 7hat Wise Cn,Jnty r.nnsider inducing the lo lowing prov ISIi711s kJ assure L;{}rnpalibility wi'rl cxksLiriu uJld future(:and:Lions wllh',lrl the LuSa:le Planr.iny Area 1..A re.rLJ'reme.'1r fora"'nod:plain'iP,:Prr..pm.nt perJn11 lnr rhh nrniert: 2.A condition regarding anncxa'i n al the properly erien dig lye ant al he request of the Towr 3_A CUIIultlur ul• the peril.t pluhlbll fly Lusk Lance lur the Nei r::1 tisoeli 1L#Lai f Its!Fwe+Iue ttiluugti the Town ul La Stall 8ll� 4.A requirement for appl!rar.l to provide an Inte9rilea weed^Jaraaerner.t plan to assure weeds are controlled at the Rte.and 5.A recoremull for n erosion contro: Egan 1c rnaKe stire sron-n wow runoff is manages 13 Ir51t trRnsperr of seaimer, into adjacent properl.es and Lhe ex,shng Irrgabcr.ddch on 1.1e property B-A reou'rerrlu i;for: ii Lruci•un L'affic"rum idle 3a.Ith La useCli 35 us the pririaly hu.II!ode I;::the uralec:. 7./1 I!m!ta1.on a I!rr,tatiQr,on'eft turns'rom HWY 85 cn10 394 and I'on'-.i94 onto HY:Y 85 8,It ronstr.Jc r.n 1raRlc will trace rn RR4 1-irnuq-i the LaSalle tr, i erns.peace•rq tire'he apfr icanl:o enter into a rnad rran;cnancc agrccmen1'fiith Lhc 7rnvn a1 LaSalle Wrlrl C 1LJ! y P!Wriirxii !7Ppr PO f3:)! 752 Cif 00! y CC 8c?To:(gift:-.:L''C-f11t7CJ`rAx.97{'j-3')4-62..8 Sincerely, Luke On Wed, Oct 4, 2023 at 8:18 AM Diana Aungst<daungst@weld.gov>wrote: Hi Luke: LaSalle has some pretty specific comments on this USR. Please talk with them about these comments as soon as possible— before the 11/7/23 hearing and let me know the results of your conversation with the 1 Town. Also please read through the CPW comments about wildlife and after send me an email that states that you can and will comply with these comments. You can do this now or after the BOCC hearing. Thanks, I will be out of the office from 10/9/2023 to 10/13/2023. Diana Aungst AICP, CFM Planner III Our new address: Weld County Department of Planning Services 1402 N. 17th Avenue, PO Box 758, Greeley, Colorado 80632 D:970-400-3524 O:970-400-6100 Fax:970-304-6498 daungst@weld.gov www.weld.gov 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 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. 2 Luke Gildemeister — Project Developer United States Solar Corporation 100 N 6th St, Suite 410B, Minneapolis, MN 55403 o: 612-230-0172 m: 763-381-2275 luke.gildemeister@us-solar.com us-solar.com The information contained in this message is privileged and confidential,and is intended only for the use of the individual named above and others who have been specifically authorized to receive it. If you are not the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this communication is strictly prohibited. If you have received this communication in error,or if any problems occur with transmission, please contact sender. 3 Diana Aungst From: Luke Gildemeister <luke.gildemeister@us-solar.com> Sent: Wednesday, October 4, 2023 12:31 PM To: Diana Aungst Subject: Re: USR23-0027 crops Attachments: image001 jpg 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 Diana, Confirming that our landowner, Phyllis Burkgren, and her land representative, Chuck Rehmer, will be invited and encouraged to attend the November 7 Planning Commission meeting. US Solar's response- please notify us if you need further information regarding the historical use of this parcel or how US Solar attempts to best integrate its projects into agricultural areas: Regarding any concerns about agricultural land being taken over, USS South Platte will only take up approximately 19.7 acres. Ms. Burkgren's parcel is about 43 acres. Therefore, if she desired, Phyllis could farm the remaining 23.3 acres outside of the project's fenced area throughout the lifespan of the facility.According to the 2017 United States Department of Agriculture (USDA) Census, there's over 2 million acres of farmland in Weld County. This temporary community solar project of under 20 acres will actually ensure the long-term agricultural use of this parcel generations into the future. The project parcel is zoned Agricultural. The proposed solar energy facility is considered a permitted use by special review within the Agricultural zoning district. Therefore, US Solar and Ms. Burkgren are abiding by Weld County Ordinance. Put differently, if hosting a community solar garden were prohibited in the Agricultural district of Weld County, then Ms. Burkgren would never have signed a lease with US Solar, and US Solar would never have submitted a USR application. US Solar has a strong commitment to ensuring that our temporary community solar projects integrate into the surrounding agricultural landscapes and enhance the local environment. We do this by building agricultural, page-wire fencing(featuring wooden posts)surrounding our community solar gardens. This type of fence blends into an agricultural environment better than an industrial chain-link fence with barbed wire at the top, which some other solar projects tend to have.A majority of the 19.7 acres within USS South Platte's fenced area will be transformed into a diverse mix of pollinator friendly, low-lying, deep-rooted grasses, which will be planted underneath the modules and between the rows. The general intention of this pollinator friendly habitat is to reduce storm water runoff and increase crop yields of any neighboring farmland. We intend for the pollinator friendly habitat to enhance the local wildlife, such as bumblebees, monarch butterflies, and more. This site will also involve agrivoltaics-in this case, beekeeping. We will invite a community beekeeper on this site to use it as an apiary. While the solar panels generate electricity from the sun, bees make honey and pollinate the habitat that we plant underneath and in-between the rows of solar panels. This version of agrivoltaics provides another way in which US Solar can continue the agricultural use of Ms. Burkgren's land throughout the lifespan of our community solar garden. Sincerely, Luke On Wed, Oct 4, 2023 at 8:21 AM Diana Aungst<daungst@weld.gov>wrote: Hi Luke: 1 Please explain this comment in more detail. Also, please ensure that the owner is at the hearings. Removing land from ag production has been a hot topic lately and this is quite vague and potentially a reason for denial. According to the applicant materials, "Historically,this property has been used for farming row crops like corn, wheat, soybeans, etc. Our landowners have informed us that, in 2023,they've teamed up with Petrocco Farms to plant vegetables on the parcel. While US Solar doesn't know the exact motive for Phyllis Burkgren signing our solar lease,we assume it's financial. Put another way, it's likely more financially-viable for our landowners to lease this land to US Solar for the operation of an SEF than our landowners leasing this land to a tenant farmer for the harvesting of row crops and vegetables." Thanks, I will be out of the office from 10/9/2023 to 10/13/2023. Diana Aungst AICP, CFM Planner III Our new address: Weld County Department of Planning Services 1402 N. 17th Avenue, PO Box 758, Greeley, Colorado 80632 D:970-400-3524 0:970-400-6100 Fax:970-304-6498 daungst@weld.gov www.weld.gov 2 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 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. Luke Gildemeister — Project Developer United States Solar Corporation 100 N 6th St, Suite 410B, Minneapolis, MN 55403 o: 612-230-0172 m: 763-381-2275 luke.gildemeister@us-solar.com us-solar.com • The information contained in this message is privileged and confidential,and is intended only for the use of the individual named above and others who have been specifically authorized to receive it. If you are not the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this communication is strictly prohibited. If you have received this communication in error,or if any problems occur with transmission, please contact sender. 3 Diana Aungst From: Luke Gildemeister <luke.gildemeister@us-solar.com> Sent: Wednesday, October 4, 2023 9:25 AM To: Diana Aungst Cc: David Watts; Luke Rehbein Subject: Re: USR23-0027 Laydown yard and cargo containers Attachments: image001 jpg Follow Up Flag: Follow up Flag Status: Flagged 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 Diana, I was able to speak to a member of our Operations team. For USS South Platte (USR23-0027), we would anticipate having three (3) cargo containers on-site during the construction period. If we receive a USR permit, we would not have any cargo containers on-site during the operational lifespan of the solar energy facility. Sincerely, Luke On Wed, Oct 4, 2023 at 8:09 AM Diana Aungst<daungst@weld.gov>wrote: Hi Luke: Please let me know your response: Will you have cargo containers on the site during construction? If so how many? Will you have cargo containers on the site during operation? If so how many? Thanks, I will be out of the office from 10/9/2023 to 10/13/2023. Diana Aungst AICP, CFM 1 Planner 111 Our new address: Weld County Department of Planning Services 1402 N. 17th Avenue, PO Box 758, Greeley, Colorado 80632 D:970-400-3524 O:970-400-6100 Fax:970-304-6498 daungst@weld.gov www.weld.gov 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 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. Luke Gildemeister — Project Developer United States Solar Corporation 100 N 6th St, Suite 410B, Minneapolis, MN 55403 o: 612-230-0172 m: 763-381-2275 luke.gildemeister@us-solar.com us-solar.com • • The information contained in this message is privileged and confidential,and is intended only for the use of the individual named above and others who have been specifically authorized to receive it. If you are not the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this communication is strictly prohibited. If you have received this communication in error,or if any problems occur with transmission, please contact sender. 2 Hello