HomeMy WebLinkAbout20233205.tiffMEMORANDUM
TO: Chris Gathman, Planning Services
FROM: Melissa J King, PE, Development Review
DATE: July 20, 2023
SUBJECT: USR23-0034 SEF Trappers Trail Reider
The proposal has been reviewed on behalf of the Weld County Department of Public Works and the
Department of Planning and Zoning. Staff comments made during this phase of the application process
may not be all-inclusive, as other issues may arise during the remaining application process.
COMMENTS
GENERAL PROJECT INFORMATION/LOCATION
Project description: A Site -Specific Development Plan and Use by Special Review permit for a 5.8 MW
Solar Energy Facility (SEF) in the A (Agricultural) Zone District.
This project is north of CR 84 and is east of and adjacent to CR 39.
Parcel number: 070905200039 Lot B RE -4923.
Access is onto CR 39 (AP13-00094 Residential).
ACCESS
Development Review has reviewed the application materials related to access.
The parcel has an existing permitted residential access onto CR 39 (AP13-00094). The applicant has
proposed that this serve as the access for the SEF, as well, The applicant shall obtain an access permit
that reflects the proposed use.
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
This portion of CR 39 is a gravel 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 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.
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
No recent traffic counts exist for this portion of CR 39.
Traffic information submitted with the application materials indicates that construction traffic will be 25
roundtrips per day of which 5 may be heavy duty trucks and that the operation traffic would be 4 passenger
vehicle roundtrips 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.
The applicant has submitted a drainage report identifying all the site soils as NRCS hydrologic soil group
A. Per Sec 23-4-1030.B.1, the site qualifies for a stormwater detention exception.
No additional drainage information is needed.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
CONDITIONS OF APPROVAL
A. 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 USR map shall be amended to delineate the following:
1. CR 39 is a gravel road and is designated on the Weld County Functional Classification Map as a
local road which requires 60 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 39 and the usage type (Agriculture,
Residential, Commercial/Industrial, or Oil and Gas). (Development Review)
3. 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:
A. The approved 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. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
5. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
6. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
Weld County
Department of Public Health and Environment
Memorandum
To: Chris Gathman
From: Lauren Light, Environmental Health Services
Date: July 24, 2023
Re: USR23-0034 Applicant: Barry James Reider and Julie Ann Nelson Living Trust
c/o CBEP Solar 17, LLC
Environmental Health Services has reviewed this Site -Specific Development Plan and Use by
Special Review Permit for a 5.8 MW Solar Energy Facility (SEF) in the A (Agricultural) Zone
District.
As no employees will be located at the site, permanent water and sewer is not required.
Screened portable toilets, hand washing units and bottled water can be utilized during
construction. A dust abatement plan was submitted which indicates water will be used during
construction and revegetation or chemical methods will be utilized during operation. Sheep
will be used for vegetation control. A noise study was completed by TRC Companies, which
concluded "Based on typical solar energy facility equipment, it is expected that the noise
levels from Project facilities will meet the Weld County Noise Ordinance and state statute
requirements."
Environmental Health Services recommends the following requirements are incorporated into
the permit as development standards:
1. During construction, all liquid and solid wastes (as defined in the Solid Wastes
Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for
final disposal in a manner that protects against surface and groundwater
contamination.
2. During construction, no permanent disposal of wastes shall be permitted at this site.
This is not meant to include those wastes specifically excluded from the definition of a
solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
3. During construction, waste materials shall be handled, stored, and disposed in a
manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and
other potential nuisance conditions. The facility shall operate in accordance with
Chapter 14, Article 1 of the Weld County Code.
4. Fugitive dust and fugitive particulate emissions shall be controlled throughout the
duration of construction and operation of the facility.
5. During construction, adequate toilet facilities and handwashing units shall be provided.
Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand
sanitizers, be screened from public view, and removed when construction is
completed.
6. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit
requirements as stipulated by the Air Pollution Control Division, Colorado Department
of Public Health and Environment, as applicable.
7. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as delineated in 25-12-103 C.R.S.
8. The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
From: Thomas Potter
To: Chris Gathman; Maxwell Nader
Cc: Robert Godin
Subject: USR23-0034 REFERRAL
Date: Friday, July 14, 2023 3:14:53 PM
Good afternoon, Chris.
Buildings referral for this site are as follows.
Structure shall be compliant with the current adopted codes and amendments:
2018 (IBC) International Building code.
2018 (IECC) International Energy code.
2020 ( NEC) National Electrical code.
The climatic and geographical design criteria including:
30 lb ground snow load.
110 MPH 3 second gust wind load.
Seismic design B.
Frost depth 30"
The current Fire code adopted by the fire district having jurisdiction. (AULT FIRE PROTECTION
DISTRICT)
"Our Mission is safe building practice"
Any questions or concerns, please contact me.
Thank you.
Thomas Potter
Building Plans Examiner II
Department of Planning Services
1402 N 17th Ave
Greeley Colorado 80631
(970) 400-3518
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Submit by Email
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��i July 14, 2023
The Weld County Department of Planning Services has received the following item for review:
Applicant: Barry James Reider and Julie Ann Nelson Case Number. USR23-0034
Living Trust, c/o CBEP Solar 17, LLC
Please Reply By: August 11 , 2023 Planner: Chris Gathman
Project: A Site Specific Development Plan and Use by Special Use Permit for a 5.8MW Solar Energy
Facility (SEF) in the A (Agricultural) Zone District.
Parcel Number: 070905200039-R6777821 Legal: LOT B REC EXEMPT RE-4923; PART 52NW4
SECTION 5, T7N, R65W of the 6th P. M ., Weld County, Colorado.
Location: East of and adjacent to County Road 39; approximately 1 ,300 feet south of County Road
86.
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 ' 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 Date - 1 ����
y� �1.�6, �0NSF.RVATI0N AIS7RICT
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 accordin to the USDA Weld Count Soil Surve .
Map Soil Name Soil Texture Shallow we ings Dwellings with Small Septic Tank Prime Farm Additional Comments
S mbol Excavations without basements Commercial Absor tion Land if
31 Kim Loam -:"Ir,.G6'-; ° `�'��
40 Nunn Loam �e, �.;v�� ����; _� �� ��, , � .��.,. . �� ��� �_ _ �`�s
41 Nunn Clay Loam Severe � Severe Severe Sev��� � `��'�s
51 Otero Sandy Loam �light Slight _ Slight � Slight Sligha. No
64 Thedalund Loam _ _ �Seve��� No
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The 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 (97�) 356-8097. If you or the applicant have any questions please feel free to call our office.
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Produced by the West Greeley Conservation District
.: COLC3RADC�
�' � �f ' Parks and SJ6Tiidlife
`" Department of niatural Respurc�s
Nor�h�=;� s* 8���i ��-�a � QfiAce
6060 Bi-oadway
Denver, CO 80216
P 303 . 291 . 7227
December 21 , 2022
Patti Lorenz
Senior Environmental Planner / Biolo�ist
TRC Companies
PLorenzC�trccompanies . com
RE : CPW's Comments on the Proposed Cloudbreak Energy Partners LLC - Trappers Trail Solar
Project, unincorporated Weld County (T7N , R65W, S5 ) .
Dear Ms . Lorenz ,
Thank you for the opportunity for Colorado Parks and Wildlife (CPW ) to comment on the
proposed Cloudbreak Ener�y Partners (CBEP ) Trappers Trail Solar Project ( Solar Project ) ,
located just northeast of the Town of Ault . We recognize renewable energy development is
important to meeting the State 's greenhouse gas reduction goals and improving our climate
resiliency. It is our understanding that this 53 . 8 - acre Solar Project and associated consultation
is a component of the eventual Weld County permitting process .
CPW appreciates that CBEP and TRC have initiated early consultation with CPW because it can
lead to a responsibly -developed project that works toward achieving state solar goals' while
protecting sensitive wildlife species , habitats, and time frames .
The mission of CPW is to perpetuate the wildlife resources of the state , to provide a quality
state parks system , and to provide enjoyable and sustainable outdoor recreation opportunities
that educate and inspire current and future generations to serve as active stewards of
Colorado 's natural resources . CPW has a statutory responsibility to manage all wildlife species
in Colorado; as such we encourage protection for Colorado 's wildlife species and habitats
through responsible energy development and land use planning . One way we achieve this goal
is by responding to referral comment requests , as is the case for this project . CPW encourages
developers to afford the highest level of protection to Colorado 's High Priority Habitats
( HPHs ) . HPHs are defined as sensitive wildlife habitats where CPW has sound spatial dataZ and
scientifically - backed best management practice recommendations to help developers with the
siting process to minimize any impacts .
' https ://energyoffice .colorado . gov/climate-energy/ghg-pollution-reduction-roadmap
2 https ://www.arcgis .com/home/item html ? id = 190573c5aba643a0bc058e6f7f0510b7
pF CO�O
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Trappers Trail Solar Project — CPW Comments (12/21/22) Page 2 of 3
RECOMMENDATIONS FOR THIS PROJECT
CPW appreciates this formal consultation from TRC and CBEP. Early consultation is our
preferred time to discuss any concerns or questions about the proposed Solar Project .
CPW also appreciates that this Solar Project is located outside of HPHs . CPW encourages the
following recommendations for this project :
• CPW recommends that any installed fencing should be eight feet in height , have
round - capped posts (e . g . , so wildlife isn ' t impaled ) , smooth top wire to the fence
( e . g . , no top barbed wire ) ( or if two top strands are needed , ensure they are at least
six inches apart ) . The bottom wire can be barbed but should be four inches or less
from the ground .
• CPW recommends that other non - security fencing is kept to a minimum . Where such
fencing is required , please use wildlife -friendly fencing specifications as described in
CPW 's document entitled " Fencin� with Wildlife in Mind3 " .
• CPW recommends that the solar facility is checked weekly ( or escape structures are
installed inside the fenced area ) to allow deer to escape if one becomes trapped
within the facility.
• CPW requests that security lighting is kept to a minimum and ideally motion sensor
lights are installed . It is important to avoid lighting the riparian corridors along the
sides of the project .
. If construction is slated from March 15 to July 15 , please complete pre - construction
nesting surveys for songbirds , Burrowing Owls, and ground - or tree - nesting raptors4
within the Project area or in the immediate vicinity (e . g . , their buffers may extend
into the Project area ) within a couple of weeks of construction .
• For the eventual consultation regarding transmission lines to this Solar Project , CPW
recommends they are installed according to Avian Power Line Interaction Committee
(APLIC ) standards5 and outside the raptor nesting season . Also , please install bird
diverters within �/a - mile of any lake , drainage , or riparian area , and within the raptor
nesting buffer for occupied nests .
CPW appreciates the opportunity to review this project and provide comments and
recommendations to avoid and minimize impacts to wildlife resources . If the timing or scope
of this project changes and / or if you have any questions , please contact Brandon Marette
( Northeast Region Energy Liaison ) at 303 - 291 - 7327 or brandon . maretteC�state . co . us .
3 https ://cpw.state .co . us/Documents/LandWater/PrivateLandPrograms/FencingWithWildlifelnMind . pdf
https ://cpw.state .co . us/Documents/Wi IdlifeSpecies/Livi ngW ithW ildlife/Raptor-Buffer-Guideli nes . pdf
5 https ://www.aplic.orq/
Trappers Trail Solar Project — CPW Comments (12/21/22) Page 3 of 3
Sincerely,
� � ��
Mark Leslie
Northeast Regional Manager
cc : CBEP
o Zach Brammer (zachC�cloudbreakener�y. com )
o Alec Shobe ( alecCcloudbreakener�y. com )
TRC
o Jaime Schlangen ( JSchlan�enC�trccompanies . com )
CPW
o Jason Surface (Area Wildlife Manager - Fort Collins Area )
o Brandon Muller (Assistant Area Wildlife Mana�er - Fort Collins Area )
o Angelique Curtis (Area 4 Big Game Biologist - Larimer �t Weld Counties )
o Mike Sherman (Area 4 Non - Game Biologist - Larimer �t Weld Counties )
o Troy Florian ( District Wildlife Manager - Ault )
o Lance Carpenter ( NE Region Senior Terrestrial Biologist )
o Brandon Marette ( NE Region Energy Liaison )
o Shannon Schaller ( NE Region Deputy Regional Manager )
Hello