HomeMy WebLinkAbout20231296.tiffMEMORANDUM
TO: Diana Aungst, Planning Services
FROM: Melissa J King, PE, Development Review
DATE: January 24, 2023
SUBJECT: USR23-0006 SEF Cook
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 north of CR 46 and is east of and adjacent to CR 33.
Parcel number: 105711200018 Lot B RECX15-0103.
Access is onto CR 33 (Evans Permit No 0008-2016)
ACCESS
Development Review has reviewed the application materials related to access.
This portion of CR 33 is under the jurisdiction of the Town of Evans. Please contact the municipality
concerning access permitting.
ROADS AND RIGHTS -OF -WAY
This portion of County Road 33 is under the jurisdiction of the Town of Evans. The municipality has
jurisdiction over access to the road. The applicant shall delineate on the plan the future and existing right-
of-way and the physical location of the road. 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. Please contact the municipality to verify the access
permit or for any additional requirements that may be needed to obtain or upgrade the permit.
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. 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
The USR map shall be amended to delineate the following:
1. This portion of County Road 33 is under the jurisdiction of the Town of Evans. Please contact the
municipality to verify the right-of-way. Show and label the right-of-way. Show the approved access
on the site plan and label with the approved access permit number, if applicable. (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: Diana Aungst
From: Lauren Light, Environmental Health Services
Date: January 27, 2023
Re: USR23-0006 Applicant: Timothy & Laura Cook, c/o Pivot Solar 35, LLC
Environmental Health Services has reviewed this Site -Specific Development Plan and Use by
Special Review Permit for a Solar Energy Facility outside of subdivisions and historic
townsites in the A (Agricultural) Zone District.
As no employees will be located at the site, permanent water and sewer is not required.
Screened portable toilets, hand washing units and bottled water can be utilized during
construction. A dust and weed mitigation plan were submitted and shall be adhered to.
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.
4. Fugitive dust and fugitive particulate emissions shall be controlled throughout the
duration of construction of the facility.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
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
Diana Aungst
From: Roy Rudisill
Sent: Monday, April 10, 2023 3:40 PM
To: Diana Aungst
Cc: Molly Nelson; Chris Gathman; Maxwell Nader
Subject: RE: Solar Energy Facilities - USR23-0006, 0007, and 0008
Hi Diana, based on the review I've completed of the documents I don't see the application planning to have any battery
storage on site therefor I don't see any hazmat issues. The only recommendation is have is for the applicant to make
sure any vegetation growing around the solar panels is kept mowed to reduce any fir risk.
If I missed anything relate to a battery storage system on site, please let me know.
Roy Radish', Director
Office of Emergency Management
1150 O St. Greeley, Co
970-381-0417 Mobile
970-304-6540 Office
rrudisillPweldgov
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.
From: Diana Aungst <daungst@weld.gov>
Sent: Thursday, March 30, 2023 12:33 PM
To: Roy Rudisill <rrudisill@weld.gov>
Cc: Molly Nelson <mrnelson@weld.gov>; Chris Gathman <cgathman@weld.gov>; Maxwell Nader <mnader@weld.gov>
Subject: Solar Energy Facilities - USR23-0006, 0007, and 0008
Hi Roy:
We have three cases that are for solar energy facilities. We'd like you to review these cases and provide
comment.
E -Permit Center link:
https://accela-aca.co.weld.co.us/CitizenAccess/Default.aspx
Then:
• Mouse over the word "PLANNING" on the blue top menu banner and select "Search Records &
Permits"
1
• Under General Search, type the case number into the "Record Number" box and click the "Search"
button on the bottom of the page.
• Click on the "Record Info" arrow drop -down menu
• Click on "Attachments" to review the application materials
Thanks,
Diana Aungst
AICP, CFM
Planner II
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
MEMORANDUM
TO:
Planning Commission
DATE:
May 2, 2023
FROM:
Diana Aungst, Planning Services
SUBJECT:
USR23-0006 Completion of Conditions of Approval
COA 1.A. Prior to recording the map:
A. The applicant shall acknowledge the advisory referral comments of the Weld County Oil and
Gas Energy Department, as stated in the referral response dated January 25, 2023. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services. (OGED)
Response: Email received from the applicant on May 2, 2023 states that the comments from the Oil and Gas
Energy Department have been acknowledged.
Submit by Email
Weld County Referral
January 23, 2023
The Weld County Department of Planning Services has received the following item for review:
Applicant: Timothy & Laura Cook, c/o Pivot Solar 35, LLC Case Number: USR23-0006
Please Reply By: February 20, 2023 Planner: Diana Aungst
Project: 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.
Parcel Number: 105711200018-R8946702 Legal: LOT B REC EXEMPT RECX15-0103; PART SW4NW4
SECTION 11, T4N, R66W of the 6th P.M., Weld County, Colorado.
Location: East of and adjacent to CR 33, approximately 0.5 miles north of CR 46.
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 /12 9Yda,
Agency Weld County Oil & Gas Energy Department
Date 1/25/2023
Acknowledged. Pivot notes that there are no conflicts with the Weld County Oil
and Gas Energy Department.
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax
Weld County
Oil & Gas Energy Department
Referral Comments
Referring Agency: Weld County Department of Planning Services
Reference Number: USR23-0006
Associated Parcel: 105711200018
OGED Reviewer: Kelly Holliday
Review Date: January 25, 2023
The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to
comment on the captioned planning case. Staff has completed review of the proposal and have no
conflicts with the proposed activity. We have included additional comments below:
1. There are no active or proposed 1041 WOGLA Permits on the associated parcel. There are
several oil and gas well sites in the area surrounding the parcel.
2. The parcel includes one (1) plugged and abandoned (PA) well listed in Table 2 below.
Additional information regarding these plugged and abandoned wells is available from the
Colorado Oil and Gas Conservation Commission (COGCC). OGED recommends that the
Applicant review this information and contact the responsible operator regarding well
infrastructure that may have been abandoned in place prior to conducting operations in
proximity to the wells.
API
Operator
Well Title
Well Status
05-123-15624
NOBLE ENERGY INC
11-5F UPRC
PA
3. The USR lands may include additional oil and gas related infrastructure, such as off -location
flowlines or pipeline which are a use by right and not regulated by Weld County. OGED
requests that the applicant reviews flowline data available from the COGCC map viewer and
utilize Colorado 811 prior to any excavation activities.
These comments and recommendations are based upon the review of the application materials submitted
by the applicant and other relevant information available on the E -Permit site.
Submit by Email
Weld County Referral
January 23, 2023
The Weld County Department of Planning Services has received the following item for review:
Applicant: Timothy & Laura Cook, c/o Pivot Solar 35, LLC Case Number: USR23-0006
Please Reply By: February 20, 2023 Planner: Diana Aungst
Project: 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.
Parcel Number: 105711200018-R8946702 Legal: LOT B REC EXEMPT RECX15-0103; PART SW4NW4
SECTION 11, T4N, R66W of the 6th P.M., Weld County, Colorado.
Location: East of and adjacent to CR 33, approximately 0.5 miles north of CR 46.
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 /12 9Yda,
Agency Weld County Oil & Gas Energy Department
Date 1/25/2023
Acknowledged. Pivot notes that there are no conflicts with the Weld County Oil
and Gas Energy Department.
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax
Weld County
Oil & Gas Energy Department
Referral Comments
Referring Agency: Weld County Department of Planning Services
Reference Number: USR23-0006
Associated Parcel: 105711200018
OGED Reviewer: Kelly Holliday
Review Date: January 25, 2023
The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to
comment on the captioned planning case. Staff has completed review of the proposal and have no
conflicts with the proposed activity. We have included additional comments below:
1. There are no active or proposed 1041 WOGLA Permits on the associated parcel. There are
several oil and gas well sites in the area surrounding the parcel.
2. The parcel includes one (1) plugged and abandoned (PA) well listed in Table 2 below.
Additional information regarding these plugged and abandoned wells is available from the
Colorado Oil and Gas Conservation Commission (COGCC). OGED recommends that the
Applicant review this information and contact the responsible operator regarding well
infrastructure that may have been abandoned in place prior to conducting operations in
proximity to the wells.
API
Operator
Well Title
Well Status
05-123-15624
NOBLE ENERGY INC
11-5F UPRC
PA
3. The USR lands may include additional oil and gas related infrastructure, such as off -location
flowlines or pipeline which are a use by right and not regulated by Weld County. OGED
requests that the applicant reviews flowline data available from the COGCC map viewer and
utilize Colorado 811 prior to any excavation activities.
These comments and recommendations are based upon the review of the application materials submitted
by the applicant and other relevant information available on the E -Permit site.
Weld County Referral
January 23, 2023
The Weld County Department of Planning Services has received the following item for review:
Applicant: Timothy & Laura Cook, do Pivot Solar 35, LLC Case Number USR23-0006
Please Reply By: February 20, 2023
Planner Diana Aungst
Project 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.
Parcel Number 105711200018-R8946702 Legal: LOT B REC EXEMPT RECX15-0103; PART SW4NW4
SECTION 11, T4N, R66W of the 6th P.M., Weld County, Colorado.
Location: East of and adjacent to CR 33, approximately 0.5 miles north of CR 46.
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
omprehensive Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
DataaL/340),3
Weld County Planning Dept 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax
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Submit by Email
The Weld County Department of Planning Services has received the following item for review:
Applicant: Timothy & Laura Cook, c/o Pivot Solar 35, LLC Case Number: USR23-0006
Please Reply By: February 20, 2023 Planner: Diana Aungst
Project: 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.
Parcel Number: 105711200018-R8946702 Legal: LOT B REC EXEMPT RECX15-0103; PART SW4NW4
SECTION 11, T4N, R66W of the 6th P.M., Weld County, Colorado.
Location: East of and adjacent to CR 33, approximately 0.5 miles north of CR 46.
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.
F-
P
r
We have reviewed the request and find tha
it does
Comprehensive Plan because: See requirements
/ does not comply with our
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature Kurtis R Cunningham Date 13Feb2023
Agency City of Evans
Requirements:
1. No additional access permit required unless the existing access from WCR-33 is
widened beyond twenty (20) feet.
2. If WCR-33 is paved in the future, vehicle tracking control (VTC) will be required at the
access.
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax
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