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Home My WebLink About20231337.tiffMEMORANDUM TO: Molly Nelson, Planning Services FROM: Melissa J King, PE, Development Review DATE: January 26, 2023 Revised April 18, 2023 SUBJECT: USR23-0007 SEF Davis 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, east of and adjacent to CR 35, and is west of and adjacent to SH 85. Parcel number: 105712000081. Access is onto CR 35 (AP22-00273 — Commercial.). ACCESS Development Review has reviewed the application materials related to access. The applicant has proposed to use an existing permitted access point onto CR 35 (i.e. AP22-00273). In order to reach this access point, two properties will be crossed (i.e. parcels 105712000082 and 105712300007). All three properties are under the same ownership. No other access point is requested. Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We strongly encourage you to discuss your access location with Development Review prior to laying out your site plan. All "preliminarily approved" accesses are subject to change during the access permitting process. Per Sec. 24-8-40, when feasible, there shall be no net increase in the number of accesses to a public road. Minimum access spacing widths are shown in Weld County Code Sec. 8-14-30. Please refer to Chapter 8 of the Weld County Code for more information regarding access. ROADS AND RIGHTS -OF -WAY CR 35 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial road, which requires 140 feet of right-of-way. The applicant shall delineate and label on the site map the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1- 90, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. The property is bounded by State Highway 85. Contact the Colorado Department of Transportation (CDOT) to determine what right-of-way shall be shown on the submitted plan. Reference the documents creating the right-of-way. Please contact Tim Bilobran at the Greeley office, phone number: 970-350-2163. Per Chapter 8, Article 13, Section 8-13-30, a Weld County Right -of -Way Use Permit is required for any project that will be occupying, constructing or excavating facilities within, and or encroaching upon, any County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at https://www.weldgov.com/Government/Departments/Public-Works/Permits Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. TRAFFIC The most recent traffic counts (2022) for this portion of CR 35 found the annual average daily traffic is 461 vehicles per day with 20% trucks. Traffic information submitted with the application materials indicates that construction traffic will be 10-15 vehicles per day of which 2 may be heavy vehicles and that the operation traffic would be 2-4 vehicles per year. No additional traffic information is needed. TRACKING CONTROL Tracking control is required to prevent tracking from the site onto public roadways. For access to paved roads, tracking control devices can be double cattle guards with 100 ft. of asphalt or 300 ft of asphalt. For access to gravel roads, tracking control devices must be either double cattle guards with 100 ft. of road base, or road base on all driving surfaces. Temporary Tracking Control shall be used during construction unless permanent tracking control is installed ahead of construction activities. Recycled concrete is not allowed in County right-of-way. Tracking control for unmaintained public right-of-way is required just prior to entering publicly maintained roadways. A variance request for alternatives to the tracking control requirement can be submitted to Development Review for review and consideration. This site requires approved tracking control during construction. ROAD MAINTENANCE AGREEMENT (Construction) Development Review is requesting a Road Maintenance Agreement for Construction including, but not limited to, dust control and damage repair to specified haul routes. Improvements/Road Maintenance Agreement: An example agreement is available at: https://www.weldgov.com/Government/Departments/Planning-and-Zoning/Development-Review . It will detail the approved haul routes and include a maintenance agreement for the haul routes. DRAINAGE REQUIREMENTS This area IS within a Non -Urbanizing Drainage Area: Non -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, 10 -year storm falling on the undeveloped site for NON - URBANIZING areas. Detention pond waived and a simple drainage narrative: The applicant has submitted a drainage narrative stating that the site consists of A and B 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 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. (Development Review) B. The USR map shall be amended to delineate the following: 1. CR 35 is a paved road and is designated on the Weld County Functional Classification Map as an arterial road which requires 140 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Development Review) 2. Show and label the existing permitted access point onto CR 35 and the usage type (Commercial). Development Review will review the access location as a part of the plan submittal. (Development Review) 3. Show the Colorado Department of Transportation (CDOT) right-of-way on the plan along with the documents creating the right-of-way. (Development Review) 4. Show and label the drainage flow arrows. (Development Review) GRADING PERMIT A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications are accepted after the planning process is complete (plan recorded). An Early Release Request Form may be entertained only after the applicant, Planning Department has reviewed the referral and surrounding property owner comments. The Early Release Request may or may not be granted depending on referral comments and surrounding property owner concerns. Contact an Engineering representative from the Development Review for more information. A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575. Prior to Construction: 1. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Development Review) 2. The approved tracking control shall be constructed prior to on -site construction. (Development Review) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review) 2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Development Review) 3. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review) 4. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement (Construction). (Development Review) 5. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) Weld County Department of Public Health and Environment Memorandum To: Molly Nelson From: Lauren Light, Environmental Health Services Date: January 27, 2023 Re: USR23-0007 Applicant: Dorothy J Davis (50% Interest) 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 mitigation plan was 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 Submit by Email Weld County Referral January 24, 2023 The Weld County Department of Planning Services has received the following item for review: Applicant: Dorothy J Davis (50% Interest) Case Number: USR23-0007 Please Reply By: February 21, 2023 Planner: Molly Nelson 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: 105712000081-R4395486 Legal: Part of RE -446; N2SW4 Section 12, T4N, R66W of the 6th P.M., Weld County, Colorado. Location: EAST OF AND ADJACENT TO COUNTY ROAD 35; APPROXIMATELY 0.25 MILES NORTH OF WELD COUNTY ROAD 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 Agency Oil & Gas Energy Department Date January 25, 2023 Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-440-6100 (970)-304-6498 fax Weld County Oil & Gas Energy Department Referral Comments Referring Agency: Weld County Department of Planning Services Reference Number: USR23-0007 Associated Parcel: 105712000081 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 05-123-16452 PDC ENERGY INC 13-12 BLAKE FEDERAL PA 05-123-16688 PDC ENERGY INC 23-12 BLAKE FEDERAL 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. Molly Nelson From: Diana Aungst Sent: Monday, April 10, 2023 04:56 PM To: Roy Rudisill Cc: Molly Nelson; Chris Gathman; Maxwell Nader Subject: RE: Solar Energy Facilities - USR23-0006, 0007, and 0008 Thanks Roy. I'll check on the battery storage question. 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. From: Roy Rudisill <rrudisill@weld.gov> Sent: Monday, April 10, 2023 3:40 PM To: Diana Aungst <daungst@weld.gov> Cc: Molly Nelson <mrnelson@weld.gov>; Chris Gathman <cgathman@weld.gov>; Maxwell Nader <mnader@weld.gov> 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 rrudisill@weld.gov 1 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" 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 0: 970-400-6100 Fax:970-304-6498 daungst@weld.gov www.weld.gov 2 Submitby Email Weld County Referral January 24, 2023 The Weld County Department of Planning Services has received the following item for review: Applicant: Dorothy J Davis (50% Interest) Case Number: USR23-0007 Please Reply By: February 21, 2023 Planner: Molly Nelson 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: 105712000081-R4395486 Legal: Part of RE -446; N2SW4 Section 12, T4N, R66W of the 6th P.M., Weld County, Colorado. Location: EAST OF AND ADJACENT TO COUNTY ROAD 35; APPROXIMATELY 0.25 MILES NORTH OF WELD COUNTY ROAD 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. n i� 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. see below Signature Agency Town of LaSalle Date 2/14/2023 Please consider a requirement for the western portion of the property adjacent to CR 35 to remain available for future development as shown on the Site Plan. Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-440-6100 (970)-304-6498 fax Aso February 21, 2023 COLORADO Division of Water Resources Department of Natural Resources Molly Nelson Weld County Department of Planning Services Transmission via email: mrnelson@weldgov.com Re: Dorothy J Davis - Site Specific Development Plan and Use by Special Review Permit Case No. USR23-0007 Part of the N 1/2 of the SW 1/4, Sec. 12, T 4N, R 66W, 6th P.M. Water Division 1, Water District 2 Dear Molly Nelson: We have received the January 24, 2023 proposal for a site specific development plan and use by special review permit for a Solar Energy Facility in the A (Agricultural) Zone District. This referral does not appear to qualify as a "subdivision" as defined in section 30-28- 101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office will only perform a cursory review of the referral information and provide informal comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or physical availability of water. There was no proposed water supply for the facility. A review of our offices records found well permit nos. 72928 and 11761-R located on the subject property. Well permit no. 72928 was issued on January 3, 1974 for domestic use as an extension of the historic domestic use of permit no. 66143 (canceled). The well, as permitted, cannot be used for any other uses besides those historical domestic uses in existence before May 8, 1972 and those same historical uses that have continued since that time [provided such uses are no greater than those uses allowed for a well permit pursuant to C.R.S. §37-92-602 (1) (which are: fire protection, ordinary household purposes inside not more than three single-family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not more than one acre of home gardens and lawns)]. If the applicant plans to use the well for the solar energy facility, a commercial well permit allowing such uses must first be obtained. The well under permit no. 11761-R, was decreed in Division 1 Water Court case no. W-3038 and permitted on April 19, 1960 for irrigation. Prior to using the well for irrigation, the well must operate pursuant to a water court approved augmentation plan. In addition, if the applicant plans to use the well for the solar energy facility, a commercial well permit allowing such uses must first be obtained. 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water Jared Polis, Governor I Dan Gibbs, Executive Director I Kevin G. Rein, State Engineer/Director 1R7G 1`,/ USR23-0007 Page 2 of 2 February 21, 2023 If you or the applicant have any questions, please contact Allis Thyne of this office at 303-866- 3581 x8216 or at ailis.thyne@state.co.us. Sincerely, loana Comaniciu, P.E. Water Resource Engineer Ec: Referral no. 30637 Well permit nos. 72928 Et 11761-R Hello