HomeMy WebLinkAbout20233529.tiff MEMORANDUM
TO: Kim Ogle, Planning Services
FROM: Melissa J King, PE, Development Review
DATE: August 8, 2023
1 GO_U-NTY
- SUBJECT: 1 MJUSR23-22-0027 CBEP Solar(Bickling)
The proposal has been reviewed on behalf of the Weld County Department of Public Works and the
Department of Planning Services. 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 Amended Special Review Permit
for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A
(Agricultural)Zone District.
This project is south of and adjacent to CR 64, north of and adjacent to CR 62, and is east of CR 43.
Parcel number: 080334200006.
Access is proposed onto CR 64.
ACCESS
Development Review has reviewed the application materials related to access.
The applicant has proposed access onto CR 64 at the location that was approved for the original USR. No
additional access is proposed.
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 64 is a paved road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate
and label on the site map or plat 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.
This portion of County Road 62 is under the jurisdiction of the City or Town of Greeley. The municipality
has jurisdiction over access to the road. The applicant shall delineate on the plat 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.
Per, Sec. 8-13-30.B, a Weld County Right-of-Way Use Permit is required for any project that will be
occupying, constructing or excavating facilities within, and/or encroaching upon, any County rights-of-way
or easement. Right-of-Way Use Permit instructions and application can be found at
https://www.weldgov.com/departments/publicworks/permits/.
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way.
TRAFFIC
The most recent traffic counts (2020) for this portion of CR 64 found the annual average daily traffic is 112
vehicles per day with 14% trucks. The 85th percentile speed is 53 miles per hour.
Traffic information submitted with the application materials indicates that construction traffic will be 10-15
vehicles per day of which 3 may be heavy vehicles and that the operation traffic would be 1 vehicle per
week.
No additional traffic information is needed.
TRACKING CONTROL
Tracking control is required to prevent tracking from the site onto public roadways. For access to paved
roads, tracking control devices can be double cattle guards with 100 ft. of asphalt or 300 ft of asphalt. For
access to gravel roads, tracking control devices must be either double cattle guards with 100 ft. of road
base, or road base on all driving surfaces. Temporary Tracking Control shall be used during construction
unless permanent tracking control is installed ahead of construction activities. Recycled concrete is not
allowed in County right-of-way. Tracking control for unmaintained public right-of-way is required just prior
to entering publicly maintained roadways. A variance request for alternatives to the tracking control
requirement can be submitted to Development Review for review and consideration.
This site requires approved tracking control during construction.
ROAD MAINTENANCE AGREEMENT(Construction)
Development Review is requesting a Road Maintenance Agreement for Construction including, but not
limited to, dust control and damage repair to specified haul routes.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldgov.com/Government/Departments/Planning-and-Zoning/Development-Review .
It will detail the approved haul routes and include a maintenance agreement for the haul routes.
DRAINAGE REQUIREMENTS
This area IS within an Urbanizing Drainage Area: Urbanizing Drainage Areas typically require detention of
runoff from the 1-hour, 100-year, storm falling on the developed site and release of the detained water at
the historic runoff rate of the 1-hour, 5-year storm falling on the undeveloped site for URBANIZING areas.
For the original USR, the applicant applied for and received a variance to stormwater detention.
In the amendment application, the applicant has submitted a preliminary drainage report. A final drainage
report completed by a Colorado Licensed Professional Engineer is required prior to recording the USR
map. The drainage report must include a certification of compliance stamped and signed by the PE. A
Certification of Compliance form can be found on the Planning Services Development Review website.
General drainage report checklist is available on the engineering website. More complete checklists are
available upon request.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
CONDITIONS OF APPROVAL
A. A Road Maintenance Agreement (Construction) is required at this location. Road maintenance
includes, but is not limited to, dust control and damage repair to specified haul routes during
construction. (Development Review)
B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Development Review)
C. The USR map shall be amended to delineate the following:
1. CR 64 is a paved road and is designated on the Weld County Functional Classification Map as an
local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and
label on the site map or plat 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. This portion of County Road 62 is under the jurisdiction of the City of Greeley. Please contact the
municipality to verify the right-of-way. Show and label the right-of-way. Show the approved
access(es) on the site plan and label with the approved access permit number if applicable.
(Development Review)
3. Show and label the proposed access point onto CR 64 and the usage type (Agriculture,
Residential, Commercial/Industrial, or Oil and Gas). Development Review will review the access
location as a part of the plan submittal. (Development Review)
4. Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely clear the
traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of
the traveled surface be less than 35 feet. (Development Review)
5. Show and label the drainage flow arrows. (Development Review)
6. If applicable, show and label the accepted drainage features. Stormwater ponds should be labeled
as "Stormwater Detention, No-Build or Storage Area" and shall include the calculated volume.
(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 Development Review has reviewed the referral and surrounding property owner
comments. The Early Release Request may or may not be granted depending on referral comments and
surrounding property owner concerns. Contact an Engineering representative from the Development
Review for more information.
A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact:
Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575.
Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on-site construction.
(Development Review)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off-site tracking. (Development Review)
3. Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire
an approved Right-of-Way Use Permit prior to commencement. (Development Review)
4. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
5. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
6. Weld County is not responsible for the maintenance of onsite drainage related features.
(Development Review)
Weld
GOUNTy
Department of Public Health and Environment
Memorandum
To: Kim Ogle
From: Lauren Light, Environmental Health Services
Date: August 14, 2023
Re: 1MJUSR23-22-0027 Applicant: CBEP Land 2, LLC, c/o CBEP Solar 9, LLC and
ECA CO Lead
Environmental Health Services has reviewed this 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.
As no employees will be located at the site, permanent water and sewer is not required.
Screened portable toilets, hand washing units and bottled water can be utilized during
construction. A dust abatement plan was submitted which indicates water will be used during
construction and revegetation or chemical methods will be utilized during operation. Sheep
will be used for vegetation control.
A noise study was completed by Kimley Horn, which concluded "it was determined that noise
mitigation measures are not needed at this time since the anticipated operational sound
levels will remain below the Weld County Charter and County Code allowable noise levels at
the nearest noise-sensitive receptors around the site during daytime hours."
Environmental Health Services 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.
KeA,n o°v
1555 N. 17th Avenue
1s63_ 'M paa
Greeley, CO 80631 �►��,f,,� �
Phone: (970) 304-6410 �oN
weldhealth.org Public Health
Weld
GOUNTy
Department of Public Health and Environment
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.
5. 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.
6. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as delineated in 25-12-103 C.R.S.
7. 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.
8. The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
KeA,n o°v
1555 N. 17th Avenue
s3 'M paa
Greeley, CO 80631 41 �
Phone: (970) 304-6410
coN �y
weldhealth.org Public Health
:&,51 MEMORANDUM
TO: Kim Ogle DATE: September 13, 2023
FROM: Diana Aungst, CFM
2-_GO_uNrY
SUBJECT: 1MJUSR23-22-0027, CBEP Land 2 LLC
PROJECT:
A Site Specific Development Plan and Use by Amended Special Review Permit for a Solar Energy Facility
(SEF) outside of subdivisions and historic townsites in the A(Agricultural)Zone District.
PARCELS: 080334200006
DELINEATE ON THE PLAT:
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.
PLAT NOTES:
1. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Maps # 08123C-1535E dated January 20, 2016 (Sand Creek). 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.
2. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain boundaries
have been modified.
Submit by Email
eat
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Weld Referral
a _ it ' 20, r
August 2, 2023
The Weld County Department of Planning Services has received the following item for review:
Applicant CBEP Land 2, LLC, Case Number 1 MJUSR23-22-0027
c/o CBEP Solar 9, LLC and ECA CO Lead
Please Reply By: August 30, 2023 Planner Kim Ogle
Project: A Site Specific Development Plan and Use by Amended Special Review Permit for a Solar
Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District
Parcel Number 08033420000648979772 Legal: PART E2NW4 AND PART W2E2SW4 OF SECTION 34,
T6N, R65W of the 6th P.M., Weld County, Colorado.
Parcel Number 08033420000246785207 Legal: LOT B REC EXEMPT RECX13-OO60; PART OF THE W2
SECTION 34, T6N, R65W of the 6th P.M., Weld County, Colorado.
Location: South of and adjacent to County Road 64, approximately 1320 feet east of County Road 43 .
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.
r4 We have reviewed the request and find that i oes does not comply with our
Comprehensive Plan because:
We have reviewed the request and find no conflicts with our interests.
See atta_hed tier.
Signatur Date 49 Rh 2623St :GREELEY. GORSE T1ON DISTRICT
Agency
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
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West Greeley Conservation District
(970) 356-8097
Below is a list of the soils and their limitations according to the USDA, Weld County Soil Survey .
Map Shallow Dwellings Dwellings with Small Septic Tank Prime Farm Symbol Soil Name Soil TextureExcavafiions without basements _ Commercial Absorption Land ( if
Additional Comments
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21 Dacono Clay Loam Severe Severe
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he West Greeley Conservation District recommends that the applicant does an on site soils test prior to any construction. For a more complete soils description consult the Weld County Soil Survey or
contact our office at (970) 356-8097. If you or the applicant have any questions please feel free to call our office. ihr h Infaikla- t"F"Inlipfef - 1
wEsT GREELEy
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Produced by the West Greeley Conservation District
From: Paulina Somosa Avalos<Paulina.SomosaAvalos@Greeleygov.com>
Sent:Tuesday,August 22, 2023 2:52 PM
To: Kim Ogle<kogle@weld.gov>
Cc: Randy Mahaffey<Randy.Mahaffey@Greeleygov.com>
Subject: REF2O23-O33/1MJUSR23-22-OO27
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.
SENT VIA EMAIL ONLY
August 22, 2023
Kim Ogle
Weld County Planning and Zoning
1555 N 17th Avenue
Greeley, CO 80631
kogle@weld.gov
Re: Weld County Referral: 1MJUSR23-22-0027
Kim,
Thank you for giving the City of Greeley the opportunity to review the above-mentioned project.
The subject site is located within Greeley's Long Range Expected Growth Area (LREGA), the
area in which the community anticipates annexation and urban development to occur in the
future. Please find below our comments for the project.
Department: Community Development/Planning
Reviewer: Paulina
Phone: (970) 336-4050
1. The following Development Code Chapters will be relevant to this project if annexed into
the City of Greeley
a. Chapter 6—Nonresidential Development Standards
i. Setbacks will be based upon surrounding development.
2. The City of Greeley has not established regulations regarding solar development.
However, Chapter 11 Section 24-1102 Oil & Gas will determine landscaping standards.
a. Landscaping. One or more of the following landscape strategies may be required,
on a site-specific basis: (1). Adequate ground covers, shrubs, and trees. (2)
Shaping cuts and fills to appear as natural forms. (3) Cutting rock areas to create
irregular forms. (4). Designing the facility to utilize natural screens. (5).
Construction of fences or walls, such as woven wood or rock, for use with or
instead of landscaping.
(:,no_
reeley
Paulina Somosa Avalos
Planner I
Community Development I Planning Division
1100 10th Street
Greeley, CO 80631
P: 970.336.4050 I Paulina.SomosaAvalos@greeleygov.com
www.greeleygov.com
XceI Energysm Right of Way&Permits
1123 West 3rd Avenue
PUBLIC SERVICE COMPANY Denver,Colorado 80223
Telephone:303.571.3306
Facsimile:303.571.3284
Donna.L.George@xcelenergy.com
August 25, 2023
Weld County Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Attn: Kim Ogle
Re: Sand Creek Solar Solar Project, Case # 1 MJUSR23-22-0027
Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk
has reviewed the plan for Sand Creek Solar Solar Project. Please be aware PSCo
owns and operates existing overhead electric distribution facilities along the north
property line. The property owner/developer/contractor must complete the application
process for any new electric service, or modification to existing facilities via
xcelenergy.com/InstallAndConnect. It is then the responsibility of the developer to
contact the Designer assigned to the project for approval of design details.
Additional easements will need to be acquired by separate document for new facilities
(i.e. transformer/switch facility) — be sure to have the Designer contact a Right-of-Way
and Permits Agent.
As a safety precaution, PSCo would like to remind the developer to call the Utility
Notification Center by dialing 811 for utility locates prior to construction.
Donna George
Right of Way and Permits
Public Service Company of Colorado dba Xcel Energy
Office: 303-571-3306 — Email: Donna.L.George@xcelenergy.com
COLORADO
Division of Water Resources
DNR
Department of Natural Resources
October 7, 2022
Kim Ogle
Weld County Department of Planning Services
Transmission via email: kogte@weldov.com
Re: Bickling #1 &t #2 Solar Project
Case No. USR22-0027
Pt. W'h Section 34, T6N, R65W, 6th P.M.
Water Division 1, Water District 3
Dear Mr. Ogle:
We have reviewed the above referenced application for a Site Specific Development Plan and
Use by Special Review Permit for a Solar Energy Facility. The submitted material does not 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 comments regarding the
proposed water supply. The comments will not state an opinion on the adequacy of the water supply
or the ability of the water supply plan to satisfy any County regulations or requirements.
The application seeks to construct a 2.375-megawatt community solar garden (Bickling Solar
Project #1) on 30 acres and a 1.00-magawatt community solar garden (Bickling Solar Project #2) on
5.7 acres of a 112-acre parcel located just northeast of Greeley, Colorado. The property is currently
vacant land, with no irrigated agriculture or water rights, and was previously used for oil and gas
production. During construction of the solar gardens, up to 50 construction workers may be on site
at one time. Once construction is complete, two to four employees may visit the site for
maintenance purposes as needed, approximately twice per year. There will be no animals on the
site. Potable water will not be required at the site once construction is complete. During
construction, bottled water and portable toilets will be provided for workers. Any water needed for
dust mitigation will be brought to the property from an external source. Any water used for dust
control purposes at the site must be obtained from a source permitted or decreed for such use, such
as a water hauling company or bulk municipal tap.
According to the submitted Drainage Report, the existing stormwater flow characteristics are
expected to remain unchanged and increases in peak flow rates are expected to be negligible.
Therefore, no storm water detention basin is proposed as a part of this project. Grass swales will be
used to dissipate energy and attenuate the anticipated slight flow increase from gravel roads and
concrete pads.
Should you or the applicant have any questions regarding any of the above information,
please contact me at sarah.brucker@state.co.us or 303-866-3581 ext. 8249.
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3 t,t'WI t" t, ROOM 811 D*rtvt r 50203 t' 3,Gi 66 1581 WWI/ciww 0100 tt r € 7d,
Bickling #1 &t #2 Solar Project October 7, 2022
Case No. USR22-0027 Page 2 of 2
Sincerely,
Sarah Brucker, P.E.
Water Resources Engineer
Cc: Applicant (CBEP Land 2, LLC)
Referral file no. 30491
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