HomeMy WebLinkAbout20232827.tiffMEMORANDUM
TO: Kim Ogle, Planning Services
FROM: Melissa J King, PE, Development Review
DATE: June 22, 2023
SUBJECT: USR23-0022 SEF Sheep Draw (Morgan)
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 south of and adjacent to CR 54 Freedom Parkway and is west of and adjacent to CR 27,
also known as 83rd Avenue.
Parcel number: 095930100046.
Access is proposed onto CR 27, also known as 83rd Avenue.
ACCESS
Development Review has reviewed the application materials related to access.
The proposed access for the SEF is onto CR 27, also known as 83rd Avenue.
An access permit, for a location that meets the Minimum Access Spacing Criteria as specified in Table 1
below, shall be obtained for the proposed SEF.
ACCESS
Sec. 8-14-30. Table 1 Minimum Access Spacing Criteria (Feet)
Access Element
Arterial
Collector
Local
Distance between intersections
Signalized
2,640
N/A
N/A
Unsignalized
1,320
1,320
330
Distance between accesses and intersections
660
660
330
Distance between access points
660
330
150
Distance between access points in subdivisions
660
330
75
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 54, also known as Freedom Parkway, 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. This portion of CR 54 is under the jurisdiction of the City of Greeley. 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 not maintained by Weld County.
CR 27, also known as 83rd Avenue, 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, 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
No recent traffic counts exist for this portion of CR 27, also known as 83rd Avenue.
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 1 vehicle
roundtrips 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.
The applicant has submitted a drainage narrative in which the soils were shown to be NRCS Hydrologic
Soil Group A & B. This soil type qualifies for a stormwater detention exception per Sec. 23-4-1030.B.1.
No additional stormwater 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 54 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. This portion of CR 54 is under
the jurisdiction of the City of Greeley. 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 not maintained by Weld County. (Development Review)
2. CR 27, also known as 83rd Avenue, 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)
3. Show and label an approvable access point onto CR 27, also known as 83rd Aveune, and the
usage type(s) (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 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 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. Prior to the release of building permits, the applicant shall be required to submit a complete access
application for a "preliminarily approved" access location as shown on this plan. (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: Kim Ogle
From: Lauren Light, Environmental Health Services
Date: June 22, 2023
Re: USR23-0022 Applicant: Michael Morgan c/o CBEP Solar 15, 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 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 utilized for vegetation control. A noise study was completed by Kimley/Horn, and it
was determined that noise mitigation measures are not needed at this time since the
anticipated operational sound levels will remain below the allowable noise levels at the
nearest noise -sensitive receptors around the site during daytime hours.
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
Weld County
Oil & Gas Energy Department
Referral Comments
Referring Agency: Weld County Department of Planning Services
Reference Number: UDR23-0022
Associated Parcel: 095930100046-R2931804
OGED Reviewer: Jennifer Teeters
Review Date: June 22, 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 does not includes active oil and gas wells.
3. The parcel includes two (2) 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
05-123-11105
Extraction Oil & Gas Inc
Homyak#1
PA
05-123-11859
Extraction Oil & Gas Inc
Homyak#2
PA
4. 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
June 13, 2023
The Weld County Department of Planning Services has received the following item for review:
Applicant Michael Boulter Farms, LLC Case Number USR23-0019
Qo CBEP Solar 26, LLC
Please Reply By: July 11, 2023 Planner Kim Ogle
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 10551430003044475806 Legal: LOT D REC EXEMPT RE -4420; BEING PART SW4
SECTION 14, T4N, R65W of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to County Road 44; East of and adjacent to County Road 45.
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.
is
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
r
WEGt GREELEY CONSERVATION DISTRICT
Agency
DateV0kO LO1zP3
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
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.
Symbol
Map
Soil
Name
Soil
Texture
I
Shallow
Excavations
Dwe0
without
ings
Dwellings
basements
with
Small
Commercial
Septic
Absorption
�
Tank
Prime
Land
Farm
' if
Additional
Comments
4
Aquolls
Flooded
I
Severe
Severe
Severe
Severe
Severe
No
50
Otero
Sandy
Loam
Slight
Slight
Slight
Slight
Slight
No
70
Valent
Sand
Severe
Slight
Slight
Slight
No
_
72
Vona
Loamy Sands
Slight
Slight
Slight
Slight
Slight
No
1
76
Vona
Sandy
Loam
Slight
Slight
Slight
Slight
Slight
Yes
I
.
•
The West Greeley
contact our office
Conservation
at (970)
District recommends that the
356-8097.1f you or the applicant
applicant does an on
have any questions please
site soils
feel
test prior
free to call
to any construction. For a more complete soils description consult
our office.
the
Weld County Soil Survey or
WEST•
Ey
co N sERvA
.., ,
. se
r
•
i I'
i
DGREEL
STR
CT
"; 1 a
M
- •-•
4
0
, 4 • sr.. 0, . ,
Produced by the West Greeley Conservation District
Submit by Email
Weld County Referral
June 13, 2023
The Weld County Department of Planning Services has received the following item for review:
Applicant: David Weinmeister, Case Number: USR23-0021
c/o CBEP Solar 30, LLC
Please Reply By: July 11, 2023 Planner. Kim Ogle
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 096124300036-R3990206 Legal: LOT B REC EXEMPT RE -4137; BEING PART S2SW4
SECTION 24, T5N, R65W of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to County Road 54, approximately 0.5 miles west of County Road 49.
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
GRE
G - "VATION DISTRICT
Agency
Date JUly'U, Z013
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 TeI:(970)-400-6100 Fax:(970)-304-6498
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.
Symbol
Map
Soil
Name
Soil
I
Texture
Shallow
Excavations
L we
without
ings
Dwellings
basements
with
Small
Commercial
Septic
Absorption
Tank
Prime
Land
Farm
�; if
Additional
Comments
1
Altvan
Loam
Seven.
Slight
Yes
3
Aquolls
I s
Gravelly
Substratum
Severe
Severe
Severe
Severe
Severe
No
22
Dacono
Clay
Loam
Severe
Slight
Mode' at€
Severe
Yes
41
Nunn
Clay Loam
'' . I. f .---- =:
Severe
Severe
Severe
Severe
Yes
42
Nunn
Clay
Loam
Severe
Severe
Severe
Severe
Yes
--
--
a
The West Greeley Conservation District
contact our office at (970) 356-8097.
recommends that
If you or the applicant
the
applicant does
have any questions
an on
please
site soils
feel
test prior to any construction. For a more complete soils
free to call our office.
description consult the
Weld County Soil Survey or
WESTGR'c
cY
CO N S E R VA
.,. 3/4...„, ..„,..,e.„
N ' ,
e f
r
r i
DISTR
.
4 t IC!
!
ler
N. L
r� 14
_ ,.�.�w - fit.
_♦
Airmi*: .. ak 4
air tart: i
I. :..-.01
Produced by the West Greeley Conservation District
Submit by Email
Weld County Referral
June 13, 2023
The Weld County Department of Planning Services has received the following item for review:
Applicant Michael Morgan c/o CBEP Solar 15, LLC Case Number USR23-0022
Please Reply By: July 11, 2023 Planner Kim Ogle
Project: 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: 095930100046-R2931804 Legal: NE4 Section 30, TSN, R66W of the 6th P.M., Weld
County, Colorado.
Location: South of and adjacent to County Road 54, West of and adjacent to County Road 27
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 later.
Date 30\15 1O ZaZ3
5Z GREELEY. CONSERVATION DISTRICT
Agency
Signature
Weld County Planning Dept. FO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
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
Symbol
Soil Name
32 Kim
33 Kim
47 Olney
48 Olney
53 Otero
79 Weld
80 Weld
Soil Texture
Loam
Loam
Fine Sandy Loam
Fine Sandy Loam
Sandy Loam
Shallow
Excavations
Slight
Dwellings Dwellings with Small
without basements Commercial
Slight
Slight
Slight
Slight
Slight
Slight
Slight
Klocie13
Slight
Slight
Slight
Septic Tank Prime Farm
Absorption Land Of
Slight
Slight
Slight Slight
Slight
Yes
No
Yes
Additional Comments
No
Loam
Slight
Loam
Slight
Slight No
Yes
No
4
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 (970) 356-8097. If you or the applicant have any questions please feel free to call our office.
WEST GREELEY
CONSERVATI
DISTRICT
Produced by the West Greeley Conservation District
Submit by Email
Weld County Referral
June 13, 2023
The Weld County Department of Planning Services has received the following item for review:
Applicant Thomas & Marjorie Brown Case Number USR23--0023
c/o CBEP Solar 27, LLC
Please Reply By: July 11, 2023 Planner Kim Ogle
Project: 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 096123400007-R8947307 Legal: S2SE4 SECTION 23, T5N, R65W of the 6th P.M.,
Weld County, Colorado.
Location: North of and adjacent to County Road 54; west of and adjacent to County Road 47.
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.
•
■
e 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
C
DEBT cREELEY. CONSERVATION DISTRICT
Date37Il JO, Z!,6Z3
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
West Greeley Conservation District
(970) 356-8097
Below
is a list of the soils
and
their
limitations
to the
USDA, Weld County
Soil
Survey.
according
Map
Shallow
Dwellings
Dwellings
basements
with
Small
Commercial
Septic
Absorption
Tank
Prime
Land
Farm
if
Additional
Comments
Symbol
Soil Name
Soli Texture
Excavations
without
-
1
Altvan
Loam
Severe I
Slight
Yes
.
•
The West Greeley Conservation
contact our office at (970)
District recommends
356.8097. If you or the applicant
that
the
applicant
have
any
does an on
questions please
site
feel
soils
free
test prior
to call
to any construction. For a more complete
our office.
soils
description consult
the
Weld
County Soil Survey or
11 me
'r
w ST G R E
y
t
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r
li
Min
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RvATI
,
N •
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.
, .
,
._ ,
...
1
_ - -• 1
r
-fi
el
a7414re
`
"1 •
-
rI
i
Produced by the West Greeley Conservation District
Submit by Email
Weld County Referral
Y
June 13, 2023
The Weld County Department of Planning Services has received the following item for review:
Applicant: Michael Morgan c/o CBEP Solar 15, LLC Case Number: USR23-0022
Please Reply By: July 11, 2023 Planner: Kim Ogle
Project: 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: 095930100046-R2931804 Legal: NE4 Section 30, T5N, R66W of the 6th P.M., Weld
County, Colorado.
Location: South of and adjacent to County Road 54, West of and adjacent to County Road 27
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.
P
P
L
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.
Tyler Drage 06-20-2023
Signature Date
Agency Front Range Fire Rescue
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
FRONT RANGE FIRE RESCUE
PO Box 130, Milliken, CO 80543
970-587-4464 / Fax: 970-587-0324
Courage * Compassion * Professionalism
Serving Johnstown, Milliken and Weld County for more than 100 years
PLAN REVIEW COMMENTS
Applicant: CBEP Solar 15, LLC (Zach Brammer)
Project: Sheep Draw Solar (USR23-0022)
Location: SW corner of WCR 54 and 83rd Avenue
Application Date: 06-13-2023
Comment Date: 06-20-2023
Comments By: Tyler Drage, Deputy Chief/Fire Code Official
These comments pertain to a submittal of a Use by Special Review (USR) application for the
proposed installation of a solar farm covering approximately 78.6 acres of an overall 160 -
acre parcel. This proposed development is generally located at the southwest corner of
Weld County Road 54 and 83rd Avenue, with facility access provided off 83rd Avenue. The
proposed project is planned to include installation of a 10 MW solar facility. The property is
located within unincorporated Weld County, within the Front Range Fire Rescue (FRFR)
service area. The 2018 International Fire Code (IFC), as amended, is enforced by FRFR.
At this stage in the development process, the focus of this review was primarily to ensure
appropriate access and water supply were provided to the overall site.
THE APPLICANT SHALL PROVIDE APPROPRIATE DOCUMENTATION TO
INDICATE COMPLIANCE WITH THE FOLLOWING FIRE CODE COMMENTS
AND/OR CONDITIONS BEFORE FIRE DISTRICT APPROVAL IS GRANTED.
CONDITIONS REGARDING FIRE DISTRICT APPROVAL
WATER SUPPLY: Given the nature of the proposed facility to be constructed, the fire
district may need access to reliable water supply to support fire suppression operations.
No fire hydrants are indicated on any of the submitted plan pages. Please indicate the
location(s) of the fire hydrant(s) nearest the facility access road on 83rd Avenue. If there is
not a fire hydrant within 600 feet of the access road, the Applicant shall be responsible for
installing one.
ADDRESSING: The proposed new solar facility shall be provided with a County -issued
street address on 83rd Avenue, which shall be clearly posted at the access road point of
connection with 83rd Avenue so it is visible from both directions of travel. The site address
will be properly posted when site development activities begin.
FRFR Plan Review Comments: Sheep Draw Solar USR23-0022 (06-20-2023)
State of Colorado Fire Inspector III/Plans Examiner cert # 136302270
ICC Certified Fire Marshal / Fire Codes Specialist cert # 5303856
Page 1
FRONT RANGE FIRE RESCUE
PO Box 130, Milliken, CO 80543
970-587-4464 / Fax: 970-587-0324
Courage * Compassion * Professionalism
Serving Johnstown, Milliken and Weld County for more than 100 years
FACILITY SAFETY PLAN: In the Dust and Weed Mitigation Plan, the Applicant has
indicated only annual inspection specific to invasive weed species. This is supplemented
within the Manure Management Plan, which indicates the Applicant's intent to periodically
graze approximately 500 sheep on the property during grazing season.
• In addition to periodic grazing, the Applicant shall employ appropriate means to
ensure that grasses/weeds on the property do not grow to exceed six (6) inches in
height, to reduce opportunity for spread of fires beyond the site perimeter.
FIRE APPARATUS ACCESS:
1. All roadways within the facility shall be at least 20 -feet wide and shall be engineered
to support an 80,000 -pound fire apparatus. All roadways shall be maintained year-
round in all weather conditions.
2. Item #6 of the Development Standards Statement indicates that the entire property
will be enclosed with a seven -foot security fence.
a. Appropriate fire apparatus access gates shall be provided to ensure 24/7
access by authorized fire apparatus.
b. Approved Knox Company locking devices shall be installed at all apparatus
gates.
c. At least one (1) swing gate shall be provided to allow pedestrian egress.
HAZARDOUS MATERIALS PERMITTING: The Application indicates the intent to store up
to 1,000 gallons of fuel on site during construction.
• A fire district permit is required for above -ground fuel storage of 250 gallons or
more. The Applicant shall provide details and specifications for the intended storage
location, as well as the above -ground storage tank(s), and shall obtain all required
fire district permits prior to placement and/or use of fuel storage tanks.
INACTIVE OIL WELL: Sheet 3.0 of the USR Map shows an inactive oil well at the apparatus
turnaround location. The Applicant shall provide documentation to demonstrate that oil
well has been appropriately plugged and abandoned, with all flow lines removed from the
ground.
HAZARDOUS MATERIALS STORAGE: The Applicant shall appropriately label and/or
placard any building or trailer that contains hazardous materials, in accordance with NFPA
1704.
FRFR Plan Review Comments: Sheep Draw Solar USR23-0022 (06-20-2023)
State of Colorado Fire Inspector III/Plans Examiner cert # 136302270
ICC Certified Fire Marshal / Fire Codes Specialist cert # 5303856
Page 2
From: Paulina Somosa Avalos <Paulina.SomosaAvalos@Greeleygov.com>
Sent: Friday, June 30, 2023 12:11 PM
To: Kim Ogle <kogle@weld.gov>
Cc: Logan Glewen <Logan.Glewen@Greeleygov.com>
Subject: REF2023-0022
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
June 30, 2023
Kim Ogle
Weld County Planning and Zoning
1555 N 17th Avenue
Greeley, CO 80631
kogle@weld.gov
Re: Weld County Referral USR23-0022
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.
Department: Community Development/EDR
Reviewer: Logan Glewen
1) Advisory. The subject property is located within the City of Greeley Long Range Expected
Growth Area (LREGA). If in the future, water and sanitary sewer service are requested to serve
the property, then annexation into the City of Greeley will be required prior to the City of
Greeley providing utility service. The City of Greeley does not currently provide utility services
to the subject property.
All code sections are from the Greeley Development Code and from the City of Greeley Design
Criteria and Construction Specifications, Volumes I, II, & III. Sections of the Code or
Construction Specifications are shown in brackets as part of the review comments below.
For additional information on the City Code or the Design Criteria, see the City of Greeley web
site at the following location:
Planning: https://www.municode.com/library/co/greeley/codes/municipal code
Engineering: http://greeleygov.com/services/design-criteria-and-construction-specifications
ORIGIN Map: http://gis3.greeleygov.com/Html5ORIGIN/?viewer=propertyfacts
Please contact me with any questions you may have.
Sincerely,
Paulina Somosa Avalos, Planner I
Paulina.SomosaAvalos@greeleygov.com
Community Development -Planning Division + 1100 10th Street, Ste. 202, Greeley, CO 80631 • (970) 350-9780 Fax (970) 350-9800
A City Achieving Community Excellence
( .Ir) i 1I
Greeley
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
XcelEnergysM
PUBLIC SERVICE COMPANY
July 6, 2023
Weld County Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Attn: Kim Ogle
Re: Sheep Draw Solar Project, Case # USR23-0022
Right of Way & Permits
1123 West 3rd Avenue
Denver, Colorado 80223
Telephone: 303.571.3306
Facsimile: 303.571.3284
Donna.L.George@xcelenergy.com
Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk
has reviewed the documentation for Sheep Draw Solar Project. Please be aware
PSCo owns and operates existing overhead electric distribution facilities along the north
and east property lines. 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.
For additional easements that may need to be acquired by separate document for new
facilities (i.e. transformer), the Designer must 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
SG
July 10, 2023
COLORADO
Division of Water Resources
Department of Natural Resources
Kim Ogle
Weld County Department of Planning Services
Transmission via email: kogle@weld.gov
Re: Sheep Draw Solar Project
Case No. USR23-0022
NE'/a, Section 30, T5N, R66W, 6th P.M.
Water Division 1, Water District 4
Dear Mr. Ogle:
We have reviewed the above referenced application for a Site Specific Development Plan and
Use by Special Review for a Solar Energy Facility. The submitted material does not qualify as a
"subdivision" as defined in section 30-28-101(10)(a) of the Colorado Revised Statutes ("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 regarding the proposed water supply. The comments do not state an
opinion on 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, and cannot be used to guarantee the physical
availability of water.
The application seeks to construct a community solar garden on a 158 -acre parcel located
southwest of Greeley, Colorado. The community solar garden will cover approximately 78.6 acres.
The site has historically been used for irrigated agriculture. The site also contains a single-family
dwelling, a detached garage, and two inactive oil wells. The community solar garden will replace a
portion of the irrigated pivot circle. Construction is anticipated to last for up to half a year, during
which time up to 50 workers may be on -site at a time. Maintenance crews of 2-4 employees will visit
the site approximately twice a year once construction has been completed. In addition, a maximum
of 500 sheep will be used at the site for vegetation management, tended by a small group of
shepherds. This site will be one of many fields the flock of sheep will rotate between.
Bottled water and portable toilets will be provided for workers during construction. The
application states that water for dust mitigation will be brought in from an external source. Any
water used for dust control purposes must be obtained from a source permitted or decreed for such
uses, such as a water hauling company or bulk municipal tap.
The application did not identify the proposed water source for the watering of the sheep.
According to records available to this office, the property is served by a well constructed under
permit no. 260219-A and a well permitted under permit no. 261824. Well permit no. 260219-A allows
the use of groundwater from the well for fire protection, ordinary household purposes inside not
more than three (3) single family dwellings, the watering of poultry, domestic animals and livestock
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Sheep Draw Solar Project
Case No. USR23-0022
July 10, 2023
Page 2 of 2
on a farm or ranch, and the irrigation of not more than one (1) acre of home gardens and lawns. Well
permit no. 261824 allows the use of groundwater from the well for fire protection, ordinary
household purposes inside not more than three (3) single family dwellings, the irrigation of not more
than one (1) acre of home gardens and lawns, and the watering of domestic animals. Well permit no.
261824 does not allow for the watering of livestock, however, pursuant to Policy 1993-4 of the
Division of Water Resources, the property owner may request to amend the existing well permit to
add livestock watering as a permitted use by submitting a letter or email to this office. Well permit
nos. 260219-A and 261824, if amended, would be an acceptable source of water supply for grazing
animals at the site.
According to records available to this office, the property has historically been irrigated with
water from the Loveland Greeley Canal located east of the property. The Loveland Greeley Canal is
an acceptable source of irrigation water provided that the property owner has shares or rights that
entitle them to the use of water from the ditch. Water from the Loveland Greeley Canal may not be
used to supply water for grazing animals at this site. The application states that the property owner
will redistribute the water used at the site of the proposed solar garden among their other nearby
properties.
The existing storm water flow characteristics of the site are expected to remain unchanged,
therefore no stormwater detention facilities are proposed as a part of this project.
Should you or the applicant have any questions regarding any of the above information,
please contact Javier Vargas -Johnson of this office at 303-866-3581 ext. 8227 or
Javier.vargasjohnson@state.co.us.
Sincerely,
Sarah Brucker, P.E.
Water Resources Engineer
Cc: Applicant (CBEP Solar 15, zach@cloudbreakenergy.com)
Property Owner (Michael Morgan, morgan12742@Qmail.com)
Well permit file nos. 260219-A and 261824
Referral file no. 30842
Form No. OFFICE OF THE STATE ENGINEER
GWS-25 COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
APPLICANT
MICHAEL W MORGAN
1745 37TH AVE
GREELEY, CO 80634-
(970) 330-1916
PERMIT TO USE AN EXISTING WELL
1207
WELL PERMIT NUMBER 261824
DIV. 1 WD4 DES. BASIN MD
J
APPROVED WELL LOCATION
WELD COUNTY
SE 1/4 NE 1/4 Section 30
Township 5 N Range 66 W Sixth P.M.
DISTANCES FROM SECTION LINES
2600 Ft. from North Section Line
300 Ft. from East Section Line
UTM COORDINATES (Meters,Zone:13,NAD83)
Easting: Northing:
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit
does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from
seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation
Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 40.00 acres described as the SE 1/4
of the NE 1/4, Sec. 30, Twp. 5 N, Rng. 66 W, Sixth P.M., Weld County.
4) Approved for the installation of a pump in, and the use of, an existing well, constructed on Jan. 7, 2005, under monitoring
well permit no. 261054.
5) The issuance of this permit hereby cancels permit no. 261054.
6) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than
three (3) single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns, and the watering
of domestic animals.
7) The pumping rate of this well shall not exceed 15 GPM.
8) The return flow from the use of this well must be through an individual waste water disposal system of the
non -evaporative type where the water is returned to the same stream system in which the well is located.
9) This well shall be located not more than 200 feet from the location specified on this permit.
�f 2-x7.7O05-
APPROVED
PAT
,Receipt No. 0534763
2
State Engineer By
DATE ISSUED 02-17-2005
EXPIRATION DATE 02-17-2007 ,
`Form N'o.
GWS-25
APPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
MICHAEL W MORGAN
1745 37TH AVE
GREELEY, CO 80634-
(970) 330-1916
PERMIT TO CONSTRUCT A WELL
1207
WELL PERMIT NUMBER 260219
A
DIV. 1 WD4 DES. BASIN MD
APPROVED WELL LOCATION
WELD COUNTY
NW 114 NE 114 Section 30
Township 5 N Range 66 W Sixth P.M.
DISTANCES FROM SECTION LINES
526 Ft. from North
1920 Ft. from East
Section Line
Section Line
UTM COORDINATES (Meters,Zone:13,NAD83)
Easting: Northing:
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit
does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from
seeking relief in a civil court action.
The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation
Contractors in accordance with Rule 18.
Approved pursuant to CRS 37-92-602(3)(c) for the relocation of an existing well, permit no. 260219. The old well must be
plugged in accordance with Rule 16 of the Water Well Construction Rules within ninety (90) days of completion of the new
well. The enclosed Well Abandonment Report form must be completed and submitted to affirm that the old well was
plugged.
Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 40.00 acres described as the NW 1/4
of the NE 1/4, Sec. 30, Twp. 5 N, Rng. 66 W, Sixth P.M., Weld County.
The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than
three (3) single family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the
irrigation of not more than one (1) acre of home gardens and lawns.
The pumping rate of this well shall not exceed 15 GPM.
The return flow from the use of this well must be through an individual waste water disposal system of the
non -evaporative type where the water is returned to the same stream system in which the well is located.
This well shall be constructed not more than 200 feet from the location specified on this permit.
NOTICE: This permit has been approved subject to the following change: the quarter -quarter was changed to be
consistent with the original permit and the distances from section lines. You are hereby notified that you have the right to
appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the date of issuance,
pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106, C.R.S.) ex 513g/o
APPROVED
CDK
Receipt No. 3604345
I
State Engineer
DATE ISSUED 05-31-2006
By
E IRATION DATE 05-31-2008
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