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Home My WebLink About20233205.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 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. Hello