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Home My WebLink About20233458.tiff �I rT USE BY SPECIAL REVIEW PERMIT `� r ��• STAFF COMMENTS jLIr co uNTY Planner: Diana Aungst Hearing Date: November 7, 2023 Case Number: USR23-0028 Owner: Leslie D. Matson PO Box 336668, Greeley, CO 80633 Agent: USS Auburn Solar, LLC c/o Luke Gildemeister 100 N. 6th Street Suite 410B, Minneapolis, MN 55403 Request: 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. Legal Lot B of Recorded Exemption, RECX17-0143; Part of the NW4 of Section 35, Township 5 Description: North, Range 65 West of the 6th P.M., Weld County, CO Location: South of and adjacent to CR 52 and east of and adjacent to CR 45 Section Line Acreage: Parcel boundary: +/-72.69 acres Solar array: +1- 27.9 acres Parcel No. 0961-35-2-00-001 The criteria for review of this Special Review Permit are listed in Section 23-2-220 and Section 23-4-1030 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: ➢ Lower Latham Reservoir Company, referral dated July 24,2023 ➢ Weld County Oil and Gas Energy Department, referral dated June 29, 2023 ➢ Weld County Department of Public Health and Environment, referral dated June 5, 2023 ➢ Weld County Department of Planning Services—Development Review, referral dated June 30, 2023 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ➢ City of Evans, referral dated July 6, 2023 ➢ City of Greeley, referral dated July 7,2023 ➢ Town of LaSalle, referral dated June 28, 2023 ➢ Weld County Sheriff's Office, referral dated June 26, 2023 ➢ West Greeley Conservation District, referral dated July 10, 2023 ➢ Central Weld County Water District, referral dated July 17, 2023 ➢ State of Colorado, Division of Water Resources, referral dated July 25,2023 ➢ Northern Colorado Water Conservancy District, referral dated June 28, 2023 The Department of Planning Services' staff has not received responses from the following agencies: ➢ Town of Kersey ➢ Town of Garden City USR23-0028 I Matson Page 1 of 13 ➢ Colorado Parks and Wildlife ➢ LaSalle Fire Protection District ➢ Weld County School District RE-6 ➢ Weld County-City of Greeley Airport ➢ Central Colorado Water Conservancy ➢ Weld County Office of Emergency Management CASE SUMMARY: The applicant, US Solar LLC, is requesting a Use by Special Review Permit for a 5.00 MW Solar Energy Facility(SEF)which will encompass 27.9 acres of a 73 acre parcel that is owned by Les Matson.The Lower Latham Reservoir Company Ditch borders the site on the eastern boundary. The SEF will consist of about 12,555 solar modules. The solar panels will not exceed twenty-five (25) feet in height. The proposed SEF will be interconnected to Xcel Energy's existing distribution system. During construction there will be a crew of about thirty (30) full-time, temporary employees. Construction activities will take place Monday through Saturday from 7:00 a.m. to 7:00 p.m. One (1) temporary construction trailer and three (3) cargo containers will be on-site during construction and removed prior to operation. Construction is expected to complete in about 10 weeks. US Solar will establish hay, oats, or other grasses on the site to mitigate erosion and dust during construction. Post construction, one (1)full-time employee may visit the proposed SEF on a quarterly basis. Vegetation contractors, typically two (2) individuals, will visit the site on a quarterly basis for vegetation management purposes. US Solar's employees will have the ability to remotely monitor the site 24/7. The proposed SEF will be enclosed in an eight (8) foot tall, farm-field style, agricultural, pagewire fence with wooden posts. The SEF is within five hundred (500) feet of one residence. The applicant has obtained a signed waiver from this property owner. The facility is unmanned, and no water or sewage disposal service is proposed. Bottled water and portable toilets will be provided during construction. A Decommissioning and Reclamation Plan along with a cost estimate was submitted with the application materials. DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are compliant with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 [Weld County Comprehensive Plan] and any other applicable code provisions or ordinance in effect. Section 22-2-10.C. states: "Promoting Economic Growth and Stability. Land use policies have a significant impact economic conditions in the County and should be structured to encourage economic prosperity. To ensure the continued strength of Weld County's economy, land use processes and decisions based on this plan [Comprehensive Plan] shall be consistent and promote financially responsible growth." This Solar Energy Facility will provide construction jobs initially and energy generation to Weld County.These functions directly support economic prosperity.This Solar Energy Facility, being a power-generating facility, will add variety, stability and redundancy to the existing electrical grid. Traditional energy resources are tied to commodity markets and can vary in demand and USR23-0028 I Matson Page 2 of 13 output. This facility can complement and support the economy during times of fluctuating oil and gas activity. 22-2-30.C. Harmonize development with surrounding land uses. The adjacent land will experience minimal nuisance from the SEF, which is an unmanned energy development facility. The SEF is within five hundred (500) feet of one residence. The applicant has obtained a signed waiver from this property owner. B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The A(Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the County. The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy development, without the interference of other, incompatible land uses." Once the proposed SEF is operational, residents, businesses, and public entities within Xcel Energy's service territory will have the ability to subscribe to the proposed SEF and save 5 to 10 percent on their monthly electric utility bills. Section 23-3-40.FF. — Uses by special review, of the Weld County Code includes, "Solar Energy Facilities(SEFs), being more than five (5)acres in size but less than one-hundred sixty (160) acres in the Near/Urban Area as shown on Appendix 21-B, or being more than five (5) acres but less than three-hundred twenty (320) acres in the Ag/Rural Area as shown on Appendix 21-B." This code section allows the applicant to apply for the subject Solar Energy Facility, being located in the Near/Urban Area as shown by map in Appendix 21-B. Per Section 23-1-90 of the Weld County Code, a "Solar Energy Facility" means: "a commercial facility whose primary purpose is to supply electricity and consists of one or more solar arrays and other accessory structures, equipment, including substations, switchyards, battery storage, electrical infrastructure, generators, transmission lines, communications infrastructure, and other appurtenant structures and/or facilities." The SEF will encumber approximately twenty-eight (28)acres and qualifies as a SEF USR. This SEF may include one(1)construction trailer on-site during construction.There will include three(3)conex(cargo)containers on-site during construction.These cargo containers shall be removed from the site during operations or shall be reduced to two (2) as two (2) cargo containers are allowed as an Accessory Use, per Section 23-3-30.B of the Weld County Code. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. There are nine (9) agriculturally zoned properties that surround this site. The surrounding land uses include rural residences, agriculture, and the Lower Latham Reservoir. The Solar Energy Facility is located on the south side of the subject property, about 1,400 feet south of the road. There is one residence that is less than 500 feet from the proposed facility to the east. A waiver has been received from this property owner concerning screening. There are five (5) USRs within one (1) mile of the site. USR-1274 for a RV storage facility, 2MUSR18-84-602 for an oil and gas services construction yard and a second single family USR23-0028 I Matson Page 3 of 13 residence, USR19-0012 for a mineral resource development facility, USR18-0129 for an oil and gas support service facility, and USR19-0008 for a greater than12 inch high pressure natural gas line. Weld County Department of Planning Services staff sent notice to ten(10)surrounding property owners within 500 feet of the proposed USR boundary. Three (3) letters of opposition have been received. The concerns outlined in the letters include aesthetics, diminished property value, weeds, increase in traffic, incompatibility with residential and agricultural uses, existing cattle grazing on the subject property, disturbance to wildlife eagles, hawks, deer, coyotes,etc., high groundwater and flooding on the subject property due to overtopping of the Lower Latham Ditch, and personal safety and security with relation to the high-powered lines. These three(3) letters were sent to the applicant on August 13, 2023. A virtual community meeting was held on September 11, 2023, invitations were sent to all the surrounding property owners within 500 feet and there were two attendees. The applicant has submitted an email dated October 9, 2023, that addresses these concerns. The proposed use is in an area that can support this development and the Development Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. D. Section 23-2-220.A.4 --That the uses which would be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of this Code or master plans of affected municipalities. The site is located within the Coordinated Planning Agreement Area(CPA)for the City of Evans and the Town of Kersey. As part of the pre-application process the municipalities were sent a Notice of Inquiry (NOI). The City of Evans and the Town of Kersey both submitted Notice of Inquiry forms dated June 20, 2023 and the Town of LaSalle submitted a Notice of Inquiry form dated June 28, 2023 that all stated that they have no concerns and that they don't wish to annex.The site is located outside of the Town of LaSalle's,and the City of Greeley's and Evans' future land use maps. The site is located within the three(3)mile referral area of the Cities of Greeley and Evans and the Towns of LaSalle, Kersey, and Garden City. The City of Greeley and Evans and the Town of LaSalle submitted referral agency comments dated July 7, 2023, July 6, 2023, June 28, 2023 respectively with no concerns. The Towns of Kersey and Garden City did not submit referral agency comments. E. Section 23-2-220.A.5 -- That the application complies with Articles V and XI of this Chapter if the proposal is located within an overlay zoning district or a special flood hazard area identified by maps officially adopted by the county. The property is not located within any overlay district officially adopted by the County, including A-P (Airport) Overlay District, Special Flood Hazard Area, 1-25 Overlay District, Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System area, Historic Townsites Overlay District, or Agricultural Heritage Overlay District. Building Permits issued on the lot will be required to adhere to the fee structure of the County- Wide Road Impact Fee Program, County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on soils designated as "Farmland of Local Importance" low slope (0-3%), Vona sandy loam soils per the USDA Natural Resources Conservation Service USR23-0028 I Matson Page 4 of 13 (NRCS) Custom Soil Report. The proposed use of the property for an SEF will not remove topsoil from the property. After the life of the SEF the land may be returned to historic uses. According to the applicant materials, "Mr. Matson has traditionally planted corn on this parcel. At one point in time, he also planted alfalfa, but that has been discontinued for some time. While it's impossible for US Solar to know Mr. Matson's exact motives when he signed the solar lease with US Solar in 2021, we assume the primary motive was likely financial. Put another way, Mr. Matson likely figured that he could make more money by hosting a community solar garden compared to growing corn. It's probably worth mentioning again that,with the operation of USS Auburn Solar LLC, Mr. Matson will still be able to grow corn to the north and west of the project. Stated differently, Mr. Matson will be able to use his pivot to farm his land to the west and north (using a clock visual reference, from about 7 o' clock to 12 o'clock)." Currently, this 73-acre agriculturally zoned parcel is used for row crops. The SEF will encompass approximately twenty-eight(28)acres of the seventy-three(73)acres which allows the remaining forty-five (45) acres to continue to be utilized as cropland. G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250,Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This proposal has been reviewed by the appropriate referral agencies and it has been determined that the attached conditions of approval and development standards ensure that there are adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and county and will address and mitigate impacts on the surrounding area with the operation of this facility. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDATION FOR APPROVAL IS CONDITIONAL UPON THE FOLLOWING: 1. Prior to recording the map: 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 applicant shall address the referral comments from the Division of Water Resources, as stated in the referral response dated July 25, 2023. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) C. The applicant shall address the referral comments from Lower Latham Reservoir Company, as stated in the referral response dated July 24, 2023. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) D. The applicant shall confirm whether or not the access road into the site is within the Lower Latham Reservoir Company's (LLRC)easement. If so, the applicant will coordinate with LLRC USR23-0028 I Matson Page 5 of 13 to access the site. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) E. The applicant shall acknowledge the advisory referral comments from the Weld County Oil and Gas Energy Department, as stated in the referral response dated June 29, 2023. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) F. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR23-0028. (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) 3) The map shall be prepared per Section 23-2-260.D and Section 23-4-1030 of the Weld County Code. (Department of Planning Services) 4) Show and label the required setbacks, in accordance with Section 23-4-1030.C.3 of the Weld County Code. (Department of Planning Services) 5) Show and label any existing and proposed solar facility installations and electrical equipment, power lines, structures, temporary work trailers, storage containers (limited to two(2)per Section 23-3-30.B of the Weld County Code), storage areas and miscellaneous improvements, as applicable. Clearly indicate which items are temporary for use during construction and which items are permanent. (Department of Planning Services) 6) Show and label the required fencing, gates and any emergency and site identification signage, in accordance with Section 23-2-240.A.12 and Section 23-4-1030.C.6 of the Weld County Code. Include fence and sign specification details on the map. Refer to the Weld County Sign Code, as amended. (Department of Planning Services) 7) Show and label any on-site lighting, if applicable. All lighting shall be downcast and shielded so that light rays will not shine directly onto adjacent properties. Include lighting specification details on the USR map. Refer to Section 23-2-250.D. of the Weld County Code for design criteria. (Department of Planning Services) 8) Show and label the location of the trash collection areas, if applicable. Include specification details on the USR map. Refer to Section 23-2-240.A.13. of the Weld County Code for design criteria. (Department of Planning Services) 9) Show and label any planned oil and gas surface development areas, corridors, access roadways, etc. as part of any executed Surface Use Agreement. (Department of Planning Services) 10) Show and label all recorded easements and rights-of-way on the map by book and page number or reception number and recording date. (Department of Planning Services) 11) CR 52 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) 12) County Road 45 Section Line is shown to have 60 feet of unmaintained section line right- of-way per the Weld County GIS right-of-way map. The applicant shall delineate the USR23-0028 I Matson Page 6 of 13 existing right-of-way on the site plan. Show and label the section line Right-of-Way as"CR 45 Section Line Right-Of- Way, not County maintained." All setbacks shall be measured from the edge of right-of-way. (Development Review) 13) Show and label the permitted access point onto CR 52 and the usage types (Agriculture, Residential, Commercial/Industrial, or Oil and Gas). Development Review will review the access location as a part of the plan submittal. (Development Review) 14) Show and label the drainage flow arrows. (Development Review) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the specified timeline from the date the administrative review was signed, a $50.00 recording continuance fee shall be added for each additional 3-month period. (Department of Planning Services) 4. The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) 5. Prior to Construction: A. The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form of security in an amount sufficient to fund the estimated decommissioning/reclamation costs required by Section 23-4-1030.B.4 of the Weld County Code, for acceptance and approval by the Weld County Board of County Commissioners. Once approved, the Decommissioning and Reclamation Plan shall be updated to include the approved security information. (Department of Planning Services) B. The approved tracking control shall be constructed prior to on-site construction. (Development Review) C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Development Review) 6. Prior to Operation: A. The site shall not contain more than two (2) cargo containers. (Department of Planning Services) USR23-0028 I Matson Page 7 of 13 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Leslie D. Matson USR23-0028 1. A Site-Specific Development Plan and Use by Special Review Permit, USR23-0028, for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The Use by Special Review Permit shall be valid for three (3) years from the date of approval. If the site is not selected for being a participant in any community solar program the permit shall expire on the anniversary date of Board of County Commissioners approval. (Department of Planning Services) 4. Any future structures or uses on site must obtain the appropriate zoning and building permits. (Department of Planning Services) 5. The facility is unmanned and will operate year-round,according to the application materials. Limited maintenance personnel may visit the site once operational. (Department of Planning Services) 6. Height limitation. Ground-mounted solar collectors shall not exceed twenty-five (25)feet in height, measured from the highest grade below each solar panel to the highest extent of the solar panel rotation per Section 23-4-1030.C.1 of the Weld County Code, as amended. (Department of Planning Services) 7. Glare. A SEF shall be designed, located or placed so that concentrated solar glare from its solar collectors will not be directed toward or onto nearby properties or roadways at any time of the day per Section 23-4-1030.C.2 of the Weld County Code, as amended. (Department of Planning Services) 8. Setbacks. The Improved Area of the SEF shall conform to the setback requirements of the underlying zone. Additionally, the improved area must be at least five hundred (500) feet from existing residential buildings and residential lots of a platted subdivision or planned unit development. The residential setback requirement may be reduced if appropriate screening through landscape or an opaque fence is installed, or upon submittal to Weld County of a waiver or informed consent signed by the residence owner agreeing to the lesser setback. If landscaping or opaque fencing is substituted for setback, a landscaping plan or fencing plan shall first be submitted to and approved by the Department of Planning Services per Section 23-4-1030.C.3 of the Weld County Code, as amended. (Department of Planning Services) 9. Dust mitigation. The operators of the SEF shall continuously employ the practices for control of fugitive dust detailed in their accepted Dust Mitigation Plan per Section 23-4-1030.C.4 of the Weld County Code, as amended. (Department of Planning Services) 10. Underground cables. All electrical cables on the improved area shall be buried, except for direct current string wires that connect between solar collectors, direct current collection circuits between rows of solar arrays that are no more than four (4) feet above grade crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts (where necessary) per Section 23-4- 1030.C.5 of the Weld County Code, as amended. (Department of Planning Services) USR23-0028 I Matson Page 8 of 13 11. Fencing. The SEF shall be enclosed with a security fence as approved pursuant to the Fencing Plan shown heron. Appropriate signage shall be placed upon such fencing that warns the public of the high voltage therein per Section 23-4-1030.C.6 of the Weld County Code.All signs shall adhere to the adopted Weld County Sign Code, as amended. (Department of Planning Services) 12. Stormwater management. The Operator of the SEF shall comply with the approved Final Drainage Report and the required Storm Drainage Criteria pursuant to Chapter 8, Article XI of this Code. Ground-mounted solar collector systems shall be exempt from impervious surface calculations if the soil under the collectors is designated hydrologic A or B soil groups by the Natural Resources Conservation Service (NRCS) per Section 23-4-1030.C.7 of the Weld County Code, as amended. (Department of Planning Services) 13. Access permit. Prior to construction of the SEF,the applicant shall apply for and obtain an approved Access Permit from the Weld County Department of Planning, pursuant to the provisions of Article XIV of Chapter 8 of this Code per Section 23-4-1030.C.8 of the Weld County Code, as amended. (Department of Planning Services) 14. Existing irrigation systems.The nature and location or expansion of the SEF must not unreasonably interfere with any irrigation systems on or adjacent to the solar facility per Section 23-4-1030.C.9 of the Weld County Code, as amended. (Department of Planning Services) 15. Decommissioning. The site shall adhere to the accepted Decommissioning and Reclamation Plan. Weld County shall have the right to draw upon the irrevocable standby letter of credit, or other form of financial security, to pay for decommissioning in the event that the holder has not commenced decommissioning/reclamation activities within ninety (90) days of the Board of County Commissioners' order or resolution directing decommissioning/reclamation. (Department of Planning Services) 16. The site shall be maintained in accordance with the accepted Property Maintenance Plan. (Department of Planning Services) 17. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. (Department of Planning Services) 18. Landscaped areas shall be maintained by the owner/tenant of the property, including landscaped areas within the adjacent right-of-way. Maintenance shall include, but not be limited to, irrigating, mowing, pruning, removal of trash and weeds, and replacement of any required plantings that become diseased infested or otherwise unhealthy shall be replaced within the growing season or next calendar year whichever occurs sooner. (Department of Planning Services) 19. 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) 20. 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) 21. 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) 22. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement. (Development Review) 23. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) USR23-0028 I Matson Page 9 of 13 24. 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. (Department of Public Health and Environment) 25. 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. (Department of Public Health and Environment) 26. 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. (Department of Public Health and Environment) 27. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction and operation of the facility. (Department of Public Health and Environment) 28. 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. (Department of Public Health and Environment) 29. 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. (Department of Public Health and Environment) 30. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment) 31. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 32. Lighting shall be maintained in accordance with the approved Lighting Plan (Department of Planning Services) 33. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 34. Building permits may be required, for any new construction, set up of manufactured structures, or change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2018 International Building Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld County Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be required or an Open Hole Inspection. A building permit must be issued prior to the start of construction. (Department of Building Inspection) USR23-0028 I Matson Page 10 of 13 35. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee, County-Wide Road Impact Fee, and Drainage Impact Fee Programs. (Department of Planning Services) 36. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. (Department of Planning Services) 37. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended. (Department of Planning Services) 38. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 39. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 40. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 41. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3)years from the date of approval, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the landowner. 42. A Use by Special Review shall terminate when the use is discontinued for a period of three (3) consecutive years, the use of the land changes or the time period established by the Board of County Commissioners through the approval process expires. The landowner may notify the Department of Planning Services of a termination of the use, or Planning Services staff may observe that the use has been terminated. When either the Department of Planning Services is notified by the landowner, or when the Department of Planning Services observes that the use may have been terminated, the Planner shall send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit. 43. In such cases where the Use by Special Review has terminated but the landowner does not agree to request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to request that the Use by Special Review Permit not be vacated, for good cause shown. The landowner shall be notified at least ten (10)days prior to the hearing. If the Board of County Commissioners determines that the Use by Special Review has terminated and no good cause has been shown for continuing the permit, then the termination becomes final, and the Use by Special Review Permit is vacated. USR23-0028 I Matson Page 11 of 13 44. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a)the state's commercial mineral deposits are essential to the state's economy; (b)the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and people moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover,these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 45. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens,field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000)square miles in size(twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not USR23-0028 I Matson Page 12 of 13 be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. USR23-0028 I Matson Page 13 of 13 DEPARTMENT OF PLANNING SERVICES ti B 1402 North 17th Ave Greeley, CO 80631 Website:www.weld.gov . j N -Y Email: daungst@weld.gov Phone: (970) 400- Fax: (970) 304-6498 September 22, 2023 GILDEMEISTER LUKE 100 N 6th St. Suite 410B Minneapolis, MN 55403 Subject: USR23-0028 - 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. On parcel(s) of land described as: LOT B REC EXEMPT RECX17-0143; PART NW4 SECTION 35,T5N, R65W of the 6th P.M.,Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on November 7, 2023 at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on December 06, 2023 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at https://accela- aca.co.weld.co.us/CitizenAccess Respectfully, Diana Aungst Planner Diana Aungst From: Luke Gildemeister <luke.gildemeister@us-solar.com> Sent: Monday, October 30, 2023 2:48 PM To: Diana Aungst Cc: Maxwell Nader; Nicole Affleck; David Watts Subject: USS Auburn - USR 23-0028 -Addressing Project Concerns 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. Good afternoon Diana, For USS Auburn (USR23-0028), I just wanted to provide a quick update prior to next week's Planning Commission meeting: Sharlene Loose (Northern Neighbor): Confirming I spoke to Sharlene Loose (wife of Dennis Loose) on October 19, 2023. I spoke to her for nearly an hour and did my best to address her concerns pertaining to the project. I will forward you the email that I sent her and Dennis on 10/19 following our phone call. Pamela Heidbrink(Northern Neighbor): Confirming I emailed Pamela Heidbrink on October 19, 2023 in an attempt to address her concerns pertaining to the project. I have not heard anything back from her. I will forward you the email. Lower Latham Reservoir Company: Confirming I emailed Doug Seeley of LLRC on October 12 in an attempt to schedule a virtual meeting. He did not respond. I did my best to answer their attorney's comments. I will forward you the email. Thanks, Luke Luke Gildemeister — Project Developer United States Solar Corporation 100 N 6th St, Suite 410B, Minneapolis, MN 55403 o: 612-230-0172 m: 763-381-2275 luke.gildemeister@us-solar.com us-solar.com • • • The information contained in this message is privileged and confidential,and is intended only for the use of the individual named above and others who have been specifically authorized to receive it. If you are not the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this communication is strictly prohibited. If you have received this communication in error,or if any problems occur with transmission, please contact sender. 1 Diana Aungst From: Luke Gildemeister <luke.gildemeister@us-solar.com> Sent: Monday, October 30, 2023 2:48 PM To: Diana Aungst Cc: Maxwell Nader; Nicole Affleck; David Watts Subject: USS Auburn - USR 23-0028 -Addressing Project Concerns 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. Good afternoon Diana, For USS Auburn (USR23-0028), I just wanted to provide a quick update prior to next week's Planning Commission meeting: Sharlene Loose (Northern Neighbor): Confirming I spoke to Sharlene Loose (wife of Dennis Loose) on October 19, 2023. I spoke to her for nearly an hour and did my best to address her concerns pertaining to the project. I will forward you the email that I sent her and Dennis on 10/19 following our phone call. Pamela Heidbrink(Northern Neighbor): Confirming I emailed Pamela Heidbrink on October 19, 2023 in an attempt to address her concerns pertaining to the project. I have not heard anything back from her. I will forward you the email. Lower Latham Reservoir Company: Confirming I emailed Doug Seeley of LLRC on October 12 in an attempt to schedule a virtual meeting. He did not respond. I did my best to answer their attorney's comments. I will forward you the email. Thanks, Luke Luke Gildemeister — Project Developer United States Solar Corporation 100 N 6th St, Suite 410B, Minneapolis, MN 55403 o: 612-230-0172 m: 763-381-2275 luke.gildemeister@us-solar.com us-solar.com • • • The information contained in this message is privileged and confidential,and is intended only for the use of the individual named above and others who have been specifically authorized to receive it. If you are not the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this communication is strictly prohibited. If you have received this communication in error,or if any problems occur with transmission, please contact sender. 1 Diana Aungst From: Luke Gildemeister < luke.gildemeister@us - solar. com > Sent: Monday, October 30, 2023 2 :49 PM To: Diana Aungst Cc: Maxwell Nader; David Watts; Nicole Affleck Subject: Fwd : US Solar - USS Auburn Solar Project Attachments: Chain Link vs. Farm Field Fence.jpg; Pollinator Habitat Example. PNG; Auburn - Site Plan. pdf 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. Hi Diana, Below is my October 19 email to Pamela Heidbrink, the northern neighbor who is opposed to our USS Auburn project ( USR23-0028 ) . As you can see, I did my best to address her concerns . Thanks, Luke Forwarded message From : Luke Gildemeister < luke. gildemeister@us-solar. com > Date : Thu, Oct 19, 2023 at 2 : 54 PM Subject : US Solar - USS Auburn Solar Project To : pheidbrink@gmail . com < pheidbrink@gmail . com > Cc : David Watts <david .watts@us-solar. com >, Nicole Affleck < nicole . affleck@us-solar. com > Hi Pamela ! My name is Luke and I work as a Project Developer at US Solar. In an effort to be communicative and hopefully alleviate some of your concerns over the proposed solar garden on Mr. Matson ' s parcel, below is a bit of information regarding the topics covered in your email to Weld County. Please don 't hesitate to contact me via this email or at 612-230-0172 if you ( or any other neighbors) have further questions or concerns pertaining to the proposed community solar garden . We are always here to address questions as best we can . If the project is approved, we want to be a good, responsible, responsive neighbor. Thank you, Luke Community Solar Garden in the Agricultural District of Weld County -Weld County does allow community solar gardens as a permitted use by special review within the Agricultural zoning district. -To better fit with the surrounding agricultural area, the project will contain an agricultural page-wire fence with wooden posts as well as pollinator-friendly habitat planted beneath the panels. ( Photos attached for visual reference) . 1 -To get a feel of what our community solar gardens look like ( over 90 active community solar gardens, almost all in agricultural areas) you can view our project photos on our website here. Community Solar Garden Impacting Wildlife/Habitat -US Solar will plant pollinator-friendly habitat underneath the rows of solar panels in an effort to enhance the local wildlife, such as butterflies, bumblebees, and other pollinators . -Our fence will feature a small gap of a few inches at the bottom so that small critters are able to enter and exit the fenced area without being caught. The fence will be 8 feet tall, thus discouraging deer from attempting to jump over the fence. -US Solar has already conducted a third-party Environmental Site Assessment. The assessment revealed no recognized environmental conditions. -US Solar also conducted a third-party ground-based survey in May 2023. No eagles nests or raptor nests were identified within a half-mile of the project premises . -US Solar also ordered a third-party field habitat assessment. No avoidance areas were recommended for the project premises or the surrounding 300-foot buffer. Community Solar Garden Impacting Property Values -In order to protect property values, Weld County requires solar gardens to be set back at least 500 feet from residences. Our project' s northern fence will be located over 1, 500 feet south of your residence (site plan attached for visual reference of where the project would be located on Mr. Matson 's parcel ) . We placed the project as far south + east as possible (within Mr. Matson ' s parcel ) in order to maximize the distance from the project to the northern neighbors . -Recent macro-level studies indicate that large/precipitous drops in property values do not occur, even for homes located within a quarter-mile radius of massive, utility-scale solar projects of hundreds of acres . Because this project will be located more than 1, 500 feet away, and because this proposed project is a community solar garden of around 27 acres, we do not anticipate this project having any negative impact on the property values of any neighbors. - Mr. Matson has informed US Solar that he plans to continue to plant corn to the north and west of the proposed project throughout the lifespan of the community solar garden, thus ( hopefully) further mitigating any potential view of the solar project during the summer. Luke Gildemeister - Project Developer United States Solar Corporation 100 N Gtr, St, Suite 410B , Minneapolis , MN 55403 o : 612-230-0172 m : 763-381 -2275 luke .gildemeister@us-solar. com us-solar.com USISSOLAR The information contained in this message is privileged and confidential, and is intended only for the use of the individual named above and others who have been specifically authorized to receive it. If you are not the intended recipient, you are hereby notified that any dissemination, distribution , or copying of this communication is strictly prohibited . If you have received this communication in error, or if any problems occur with transmission, please contact sender. Luke Gildemeister - Project Developer United States Solar Corporation 100 N 6th St, Suite 410B , Minneapolis , MN 55403 o : 612-230-0172 m : 763-381 -2275 luke .gildemeister(a� us-solar. com us-solar.com The information contained in this message is privileged and confidential, and is intended only for the use of the individual named above and others who have been specifically authorized to receive it. If you are not the intended recipient, you are hereby notified that any dissemination, distribution , or copying of this communication is strictly prohibited . If you have received this communication in error, or if any problems occur with transmission, please contact sender. 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USE BY SPECIAL REVI EW PERM IT - USR23 - TBD USS Auburn Solar, LLC � WQo Phone (608) 821 -6600 8401 Greenway Blvd., Suite 400 Parcel APN : 0961352100001 ; being part of the W1 /2 SE 1 /4 Middleton, WI 53562 westwoodps.com All in Section 35 , Township 5 North , Range 65 West of the 6th PM . , Weld County, Colorado Westwood Professional5ervices, � n�. " �`� i �ti ' LEG E N D : NONPARTICIPATING PROPERTY �9,r P° \ _ J _ � _ � _ _ CO RD 52 . _ - - RIGHT- OF -WAY LINES - CORD52 - - - - - - / � GAS GAS GAS GAS GAS �as EASEMENT LINES / � EX. INDEX CONTOUR I i � � c qs � a EX. INTERVAL CONTOUR � i � � - EX. GRAVEL ROAD CENTERLINE � . / i � � EX. FENCE i . / i ` . cqs � P�H � EX. OVERHEAD POWER i ` , �As EX. GAS PIPELINE i . �, � ', � � � � � O EX. WATER INFRASTRUCTURE � i� unnv \ ` � \ �qs PREPARED FOR: �� ` °"' EX. OIL INFRASTRUCTURE � ' � � O EX. ELECTRIC INFRASTRUCTURE � � � � � � � � � � PROPOSED SOLAR ARRAY � � „ / i � � ` , �q a PROPOSED MODULE SETBACK � _ , _ " '}� � � / I �L \ \ s � . �. , i , • • • • • • • • • • • • • • • • • • • • • • • PROPOSED INFRASTRUCTURE SETBACK ' �"::� i � �� '� = � i � . PROPOSED RESIDENCE SETBACK ' "- ._. �°° . �➢�°'' . _ _ �,_ �y 0.��. I \ � i � � � cqs � — PROPOSED ACCESS ROAD ` / i G � � \ � X PROPOSED SECURITY FENCE 100 N 6th St. #410B / � �L � , � � PROPOSED ELECTRICAL EQUIPMENT Minneapolis, MN , 55403 / � � � urnv PROPOSED UNDERGROUND COLLECTION � � �9s I i ` :`, . , , . � oMv PROPOSED OVERHEAD COLLECTION REVISIONS: i :� � � �' � � PROPOSED UNDERGROUND BORING # DATE COMMENT Ii G�� ; • \ � `� �� WAT PROPOSED WATER LINE REROUTE A 04/24/23 Civil Development 5et � � � � �c9s �/ a PROPOSED SILT FENCE • • • • • � • c�s \ PROPOSED CONSTRUCTION ENTRANCE I ; � �� 9� , � �� F . . . . I i � �� . • cq � ' • ' � .~ EXISTING GROUND SLOPE i � � . ti� s � �� : G,yS �� I ~ � � � ¢ I � � \ \\ I � \ \\ C�S �. . \ II . \ C"S'S \� •. i G�G '•, \ � \ \ : NOTES: I I • \ � \\ • i �' • . . �; \ "� ; 1 . INSTALLATION TO COMPLY WITH NEC 2017 ARTICLE 690 AND ALL I i � • , � �-�s �` ,:� APPLICABLE LOCAL, STATE AND NATIONAL CODES OR REGULATIONS . ; �P • , . � .•�� 2 . EQUIPMENT SHALL BE LABELED PER NEC 690 AND XCEL ENERGY I i G�G / � ' • • . , , . . . , . . , , \ � � � � � REGULATIONS . � �� '� ,,. o .�\ \ � ` , 3 . 12 ' ACCESS ROADS SHALL BE DESIGNED TO ACCOMMODATE ALL �i � T� a.,.,�M `'PS � `��o � ��s \ � ` , \ CONSTRUCTION, OPERATIONS, MAINTENANCE, AND UTILITYTRAFFIC I , � � ` , THROUGHOUT THE SITE . ' I � � � � I 4. DIMENSIONS TO PROPERTY LINES AND EXISTING FEATURES ARE I i GAS - GAS � G � x x x x x � � � ` � / APPROXIMATE PENDING SURVEY. I - GAS - ` c � � � � 5 . THE AREA WITHIN THE SECURITY FENCE WILL BE VEGETATED WITH A CdAS � 9� � \ � I �, I POLLINATOR- FRIENDLY NATIVE HABITAT MIX. � � � � , : � . . . . . -f` • • . j } o° � : • • � \\ e . I � �.� � � � • � � :� \ c.� \ \� I I i < ; � � \ �� . i N >; � �\ `� � I � i � i � X Q � ) � : I � o � � . I • \\ • I i I i '•, �� ;• PROPOSED SILT FENCE (TYP.) � X G N X ••� . , • , . . . . . . • ' � •\•1 ••• \ I I � � � 11�1 I 1 I � I I 1 I I � I Q x c � I � I c�o � f 1 � � o � I I ^�° � I I O a�o I I � � ^' ,L1� I i � i i � • • � � � • x x I \ I c � . . � I � � � � ,• � I � 3 I `� i : : � i ; ` 0' 150' 300' 450' 1 I • • I i • • ACCESS ROAD TO BE BUILT AT GRADE � � ' ' • • ' ' � • X � Q ` x ' Z \ TO PRESERVE EXITING DRAINAGE PATTERNS 1 II ; �P � '� W \ ^ i X ` � LL i i . , . . . . . . . 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P� pOH 0 rm - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . _ • � • • a � . - POH 04 24 2023 E ' GAS GAS GAS GAS • • • • • • , • oON ai \ — OH P . POH POH POH • P DATE : / / � � � GAS GAS GAS GAS GAS � y, o � I � /�■ o SHEET: // r ` M � O Z � Diana Aungst From: Luke Gildemeister < luke.gildemeister@us - solar. com > Sent: Monday, October 30, 2023 2 : 51 PM To: Diana Aungst Cc: Maxwell Nader; David Watts; Nicole Affleck Subject: Fwd : US Solar - USS Auburn Solar Project Attachments: Chain Link vs. Farm Field Fence.jpg; Pollinator Habitat Example. PNG; Auburn - Site Plan. pdf 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. Hi Diana, Below is my October 19 email to Sharlene Loose, northern neighbor of the proposed USS Auburn Solar LLC ( USR23 - 0028) . As you can see, I did my best to address her concerns . Thanks, Luke Forwarded message From : Luke Gildemeister < luke. gildemeister@us-solar. com > Date : Thu, Oct 19, 2023 at 2 : 16 PM Subject : US Solar - USS Auburn Solar Project To : mugsyinco@aol . com < mugsyinco@aol . com > Cc : Nicole Affleck < nicole . affleck@us-solar. com >, David Watts < david . watts@us-solar. com > Hi Sharlene, Thank you very much for your time on the phone this afternoon ! In an effort to be communicative and hopefully alleviate some of your family' s concerns, below is a quick recap of the topics we discussed . Please don 't hesitate to contact me via this email or at 612-230-0172 if you or Dennis ( or any other neighbors ! ) have any further questions or concerns pertaining to the proposed community solar garden on Mr. Matson ' s parcel . We are always here to address questions as best we can . If the project is approved, we want to be a good, responsible, responsive neighbor. Sincerely, Luke Project Impacting Views ? -Solar panels are only 6-8 feet tall depending on time of day - from a distance of over 1,400 feet, these will look quite short. There should be no impact to mountain views . -Mr. Matson plans on continuing to plant corn to the north and the west of the proposed project, thus ( likely) screening the project from your view in the summer. 1 -Attached is a site plan so that you and Dennis have visual context of where on Mr. Matson ' s parcel the project would be located . We tried to place this project as far south + as far east as possible (within Mr. Matson ' s parcel ), to keep the project away from northern residences. Project Impacting Property Values? -To protect property values, Weld County already requires solar gardens to be at least 500 feet from any residences. -The northern fenceline of this proposed project would be at least 1,400 feet from any residences located north of County Road 52. -Recent macro-level studies have indicated that, more often than not, there' s no/negligible impact to property values. These studies typically deal with homes within a quarter-mile radius of massive, utility-scale ( hundreds of acres) solar gardens. For any residences north of County Road 52, given the setback of at least 1,400 feet ( nearly 3 times the county-mandated setback) and given that this would be a community solar garden of "'27 acres, we don 't foresee any reason to be concerned in a precipitous drop in property value. Who Benefits from Community Solar? -Area residents + neighbors will have the ability to subscribe to a portion of the electricity generated, saving on average about 10% on their monthly Xcel Energy utility bills. -Weld County benefits by expanding their tax base/revenue Solar as an Agricultural Use? -Weld County does permit community solar gardens as a special use within the Agricultural district -US Solar will use an agricultural, page-wire fence with wooden posts ( photo attached for reference) - much better than a prison-like chain-link fence with barbed wire, like some other solar projects have. -US Solar will plant pollinator-friendly habitat underneath the panels within the fenced area to attract pollinators ( butterflies, bumblebees, etc . ) - photo attached for reference. This habitat is mowed/maintained by one of our contractors. Safety and Security? -This project has received an Interconnection Agreement from Xcel Energy, meaning their engineers have studied this proposed project and have deemed it safe to connect to their existing distribution system . -Solar materials are largely made of silicon, silver, aluminum, and glass - basically, the same materials as your smartphone. These materials are fully-contained . There is no risk of leeching/contamination . -Any Electromagnetic Frequency ( EMF) that would ever occur within a community solar garden (very rare) would be at extremely low levels and would be non-ionizing. Non-ionizing EMF's are harmless to humans - the same EMF radiation that occurs within your radio and TV waves, your vacuum, etc. Given that you ' d be over 1,400 feet away, and because any theoretical EMF from a solar garden would be non-ionizing, your health is not at risk. Access Road / Construction -US Solar has submitted a dust + weed mitigation plan to Weld County -Prior to construction, a temporary cover crop (such as hay, oats, etc. ) would be planted over the access road to minimize erosion and dust creation . -Construction is temporary. We'd expect no more than four (4) trucks per day. We' d want to work with Weld County on access routes having the smallest impact on neighbors possible. The drilling of the I-beams is the only noisy phase, 2 we' d expect this to take 1-2 days. Construction would occur during normal daytime business hours. A majority of the construction period is actually electrical testing, which should not be bothersome to neighbors. There will be no impact to the water within the Latham Reservoir or the outlet ditch during construction . Environment + Habitat -The solar panels and other equipment will be elevated -No watercourse will be altered . US Solar has already conducted a Preliminary Drainage Report. US Solar would acquire a Stormwater Permit prior to construction . -US Solar has already conducted an Environmental Site Assessment -US Solar has also conducted a Field Habitat Assessment Other US Solar Community Solar Gardens In the Area ? -You can view photos of our community solar garden projects on our website here -We are currently constructing our USS Picadilly project east of Windsor, CO within Weld County. It' s located south of Highway 392 and east of Weld County Road 23. - • / I . - rk ra'� f . - . 7 - :#1111e - MAIN SI I-1101-neu ICY. 's v i _. - \L c _ _ e • Z. It_ a wit '. ' r 7-0 c i..L-',.b:_.------,„- iisoitil4 i r. - ilipsk ro:', 2: I I 1. - .� - M — - } ` i_I rn �- _I rl = i I _I : c LY. LLI il I i= -i . : till 72,m, _ ry 4II ) • let W - " y I y� 9; _ .PC E .14411." 1 4 F-- LLI." eL Luke Gildemeister - Project Developer United States Solar Corporation 100 N 6t" St, Suite 410B , Minneapolis , MN 55403 o : 612-230-0172 m : 763-381 -2275 luke .gildemeisterRus-solar. com us-solar.com i 3 The information contained in this message is privileged and confidential, and is intended only for the use of the individual named above and others who have been specifically authorized to receive it. If you are not the intended recipient, you are hereby notified that any dissemination, distribution , or copying of this communication is strictly prohibited . If you have received this communication in error, or if any problems occur with transmission, please contact sender. Luke Gildemeister - Project Developer United States Solar Corporation 100 N 6th St, Suite 410B , Minneapolis , MN 55403 o : 612-230-0172 m : 763-381 -2275 luke .gildemeister(a� us-solar. com us-solar.com s_xj -. 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' '.�.Y^.� _L , 1 ♦I -Ik > Eib I ''.yI ' 1 •' 1 ♦ k+- - `� ~ �.. -I ,loll �1 f. rb ads' . rt ; I E .�L^ ,.fit. ` tom if` . t `4 iy' ��44, ' * 1_ =/• , _ � � -� , .1 ' o Fu i i ' T.� IL , 1 'z r'. 1f 1 ��'. � r '"1s, I• _ '• L !1.(•t ' bti's 1 *** +, ' t.rl+/ e . * �' ' �' I �,„y-JZ 6. 'w • '._ , 3NI r ` ♦, I I L I -III re ' • ti r te - 'Ai' 4 l yf\ t v , r • �.4 ; . 4. a 1 4�11 Nt:I tilt k 14, 41 ikt 4 i tg il , 1 I t ,1 I , �� J' ._... „._ , , , . ,,r � • } `f �! _ -" i f ` '' FYI .46, • _ 1 r, 1 :J_ :� / 1 �A. USE BY SPECIAL REVI EW PERM IT - USR23 - TBD USS Auburn Solar, LLC � WQo Phone (608) 821 -6600 8401 Greenway Blvd., Suite 400 Parcel APN : 0961352100001 ; being part of the W1 /2 SE 1 /4 Middleton, WI 53562 westwoodps.com All in Section 35 , Township 5 North , Range 65 West of the 6th PM . , Weld County, Colorado Westwood Professional5ervices, � n�. " �`� i �ti ' LEG E N D : NONPARTICIPATING PROPERTY �9,r P° \ _ J _ � _ � _ _ CO RD 52 . _ - - RIGHT- OF -WAY LINES - CORD52 - - - - - - / � GAS GAS GAS GAS GAS �as EASEMENT LINES / � EX. INDEX CONTOUR I i � � c qs � a EX. INTERVAL CONTOUR � i � � - EX. GRAVEL ROAD CENTERLINE � . / i � � EX. FENCE i . / i ` . cqs � P�H � EX. OVERHEAD POWER i ` , �As EX. GAS PIPELINE i . �, � ', � � � � � O EX. WATER INFRASTRUCTURE � i� unnv \ ` � \ �qs PREPARED FOR: �� ` °"' EX. OIL INFRASTRUCTURE � ' � � O EX. ELECTRIC INFRASTRUCTURE � � � � � � � � � � PROPOSED SOLAR ARRAY � � „ / i � � ` , �q a PROPOSED MODULE SETBACK � _ , _ " '}� � � / I �L \ \ s � . �. , i , • • • • • • • • • • • • • • • • • • • • • • • PROPOSED INFRASTRUCTURE SETBACK ' �"::� i � �� '� = � i � . PROPOSED RESIDENCE SETBACK ' "- ._. �°° . �➢�°'' . _ _ �,_ �y 0.��. I \ � i � � � cqs � — PROPOSED ACCESS ROAD ` / i G � � \ � X PROPOSED SECURITY FENCE 100 N 6th St. #410B / � �L � , � � PROPOSED ELECTRICAL EQUIPMENT Minneapolis, MN , 55403 / � � � urnv PROPOSED UNDERGROUND COLLECTION � � �9s I i ` :`, . , , . � oMv PROPOSED OVERHEAD COLLECTION REVISIONS: i :� � � �' � � PROPOSED UNDERGROUND BORING # DATE COMMENT Ii G�� ; • \ � `� �� WAT PROPOSED WATER LINE REROUTE A 04/24/23 Civil Development 5et � � � � �c9s �/ a PROPOSED SILT FENCE • • • • • � • c�s \ PROPOSED CONSTRUCTION ENTRANCE I ; � �� 9� , � �� F . . . . I i � �� . • cq � ' • ' � .~ EXISTING GROUND SLOPE i � � . ti� s � �� : G,yS �� I ~ � � � ¢ I � � \ \\ I � \ \\ C�S �. . \ II . \ C"S'S \� •. i G�G '•, \ � \ \ : NOTES: I I • \ � \\ • i �' • . . �; \ "� ; 1 . INSTALLATION TO COMPLY WITH NEC 2017 ARTICLE 690 AND ALL I i � • , � �-�s �` ,:� APPLICABLE LOCAL, STATE AND NATIONAL CODES OR REGULATIONS . ; �P • , . � .•�� 2 . EQUIPMENT SHALL BE LABELED PER NEC 690 AND XCEL ENERGY I i G�G / � ' • • . , , . . . , . . , , \ � � � � � REGULATIONS . � �� '� ,,. o .�\ \ � ` , 3 . 12 ' ACCESS ROADS SHALL BE DESIGNED TO ACCOMMODATE ALL �i � T� a.,.,�M `'PS � `��o � ��s \ � ` , \ CONSTRUCTION, OPERATIONS, MAINTENANCE, AND UTILITYTRAFFIC I , � � ` , THROUGHOUT THE SITE . ' I � � � � I 4. DIMENSIONS TO PROPERTY LINES AND EXISTING FEATURES ARE I i GAS - GAS � G � x x x x x � � � ` � / APPROXIMATE PENDING SURVEY. I - GAS - ` c � � � � 5 . THE AREA WITHIN THE SECURITY FENCE WILL BE VEGETATED WITH A CdAS � 9� � \ � I �, I POLLINATOR- FRIENDLY NATIVE HABITAT MIX. � � � � , : � . . . . . -f` • • . j } o° � : • • � \\ e . I � �.� � � � • � � :� \ c.� \ \� I I i < ; � � \ �� . i N >; � �\ `� � I � i � i � X Q � ) � : I � o � � . I • \\ • I i I i '•, �� ;• PROPOSED SILT FENCE (TYP.) � X G N X ••� . , • , . . . . . . • ' � •\•1 ••• \ I I � � � 11�1 I 1 I � I I 1 I I � I Q x c � I � I c�o � f 1 � � o � I I ^�° � I I O a�o I I � � ^' ,L1� I i � i i � • • � � � • x x I \ I c � . . � I � � � � ,• � I � 3 I `� i : : � i ; ` 0' 150' 300' 450' 1 I • • I i • • ACCESS ROAD TO BE BUILT AT GRADE � � ' ' • • ' ' � • X � Q ` x ' Z \ TO PRESERVE EXITING DRAINAGE PATTERNS 1 II ; �P � '� W \ ^ i X ` � LL i i . , . . . . . . . II � � - - UMV - UMV - UMV � x. - I � •, • I . • • � . -L - - - - _ \ I �Q" •• • • •• / • ' - - - - • • � ' • I • • / • , • I � � " • n i } ; ° ; x �� PROPOSED CONSTRUCTION ENTRANCE u A � u r n � i '• , ,•' � SEE DETAIL GD05 ON SHEET C401 i . , , , , . � i ' � ~ ' I ' �P ' So ar LLC � , � � } ,� � x � � N ' � ' � Weld County, Colorado � , � Q �,�b , � s� } p� i \ � �} I � i I \ � 10�010 / i � I � � � � P � / i } • � � � � S � te Hyd rology � i , , � � \ i x � x x x / / � �x � \ i � � i � Q D � � � v I D � , • • • , � � / � � � . • . . , � • / � i m I ' • i N I . . � � \ i x 1 .03% : � : ' - Y , x , � . � � I • • • • • •• � • . . . • ' �•• / POH � o � N ; � / / � � � / / POH �¢ PRELI M I NARY , � Q . . . RN pvE � POH - a � � D X x X x x X � . • • . � pO H � F E - ppH - N O T F O R C O N S T R U C T I O N � � , � � � WAT WAT WAT WAT ' . �. P� pOH 0 rm - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . _ • � • • a � . - POH 04 24 2023 E ' GAS GAS GAS GAS • • • • • • , • oON ai \ — OH P . POH POH POH • P DATE : / / � � � GAS GAS GAS GAS GAS � y, o � I � /�■ o SHEET: // r ` M � O Z � Diana Aungst From: Luke Gildemeister < Iuke.gildemeister@us - solar. com > Sent: Monday, October 9, 2023 1 : 54 PM To: Diana Aungst Cc: David Watts; Nicole Affleck; Tom Dickson; Christine Natarajan Subject: Re: USR23 -0028 Follow Up Flag: Follow up Flag Status: Flagged 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. Hi Diana, Our comment- by-comment response to all received neighbor complaints below . We ' re happy to further address any of these concerns at the November 7 Planning Commission meeting if needed . Thanks, Luke Dennis & Sharlene Loose Concerns ( Project ' s northern fence would be located approximately 1, 500 feet away from their residence ) : 1 ) Property Values + View Concern : A 2023 study conducted by Lawrence Berkeley National Laboratory finds that houses within a quarter- mile of some utility-scale solar farms saw average property values decline 2 . 3 percent . In this study, the authors analyzed 1 .8 million home sales near solar farms in six states ( Minnesota, California, Connecticut, Massachusetts, North Carolina, and New Jersey) that together account for over 50% of the installed capacity of solar in the United States . The study is the largest so far looking at how solar installations affect property values . The results ? California, Connecticut, and Massachusetts had price effects that were so small that they were too close to zero to be meaningful . Among all six states studied, the average property value decrease for homes within a quarter- mile radius of a utility-scale project was only 2 . 3 percent. Previous analyses conducted by other researchers have found larger negative effects for homes located near confined animal feeding operations, landfills, fossil fuel plants, and highways . Keep in mind that your homes are located 200 feet outside of this quarter- mile radius from our project' s northern fence . The northern fence of this project will be located over 1,400 feet south of your residence . That is nearly three ( 3 ) times the required residence setback of 500 feet within Weld County. Additionally, we' re talking about a medium -sized community solar project — not a massive utility-scale solar project featuring hundreds of acres . In conclusion, recent studies from federal laboratories conducted at a macro/national level indicate that significant/extreme drops in property values, even for homes located within a quarter- mile of large utility-scale solar projects, are not likely . For views, our project's panels are only about 6-8 feet tall , depending on the time of day, so at a distance of over a quarter- mile, our project should not impact your mountain views . Additionally, Mr. Matson's parcel is 72 . 69 acres, and the project's fenced area is only about 27 .9 acres . This means that Mr. Matson will be able to continue to farm the remaining 44 acres if he' d like — a majority of these 44 acres are located north of the project . Therefore, depending on the time of year, these crops may continue to take up a majority of your view . 2 ) Access Road Concern : US Solar has a dust and weed mitigation plan . Prior to construction, a temporary cover crop will be planted on -site . This helps minimize erosion and dust creation throughout the construction period . Common cover crop generally includes hay, oats, or other grasses that can easily be established on dry land that have been proven to reduce erosion and dust. The construction period is very temporary - about 6 months total, with actual construction 1 activities only taking up about 10 weeks . We expect no more than four (4) deliveries on any given day. Deliveries will occur during daytime business hours . Once operational, the community solar garden will only require quarterly maintenance trips . 3 ) Agricultural Zoning + Affecting Agricultural Lifestyle Concern : USS Auburn Solar LLC, once operational, will not affect your life . The project will be a quiet, low- key neighbor. Once operational, the project will not cause any noise, traffic, odor, etc. The project parcel is zoned Agricultural . The proposed solar energy facility is considered a permitted use by special review within the Agricultural zoning district . Given that the parcels surrounding our proposed solar energy facility are primarily zoned Agricultural, US Solar feels confident that the proposed project is compatible with the immediate surrounding area . The project will feature pollinator-friendly habitat and an agricultural, page-wire fence with wooden posts to better fit into the local agricultural landscape . 4) Environment and Habitat Concern : Regarding the project's proximity to the Lower Latham Reservoir, the project area is not located within a FEMA floodplain . No watercourse will be altered . The solar panels and trackers will be elevated to retain at least 1 foot of freeboard from the water surface elevation . Inverters and the equipment pad would likewise be elevated . The MVAC line connecting the solar garden equipment to the point-of- interconnection location to the north will be buried underground . We have already conducted a third - party Preliminary Drainage Report, which concludes that the site design will adequately protect public health and safety. US Solar will conduct a Stormwater Management Plan prior to construction . US Solar takes habitat and local wildlife extremely seriously. We design our community solar gardens so that they' re conducive to helping the local environment . We plant pollinator friendly habitat underneath and in between the rows of solar panels . These are low- lying, deep- rooted grasses . We intend for the pollinator-friendly habitat to enhance the local wildlife, such as bumblebees, monarch butterflies, and more . The fence features a gap of a few inches at the bottom so that small critters can enter and exit the fenced area without being caught . The 8-foot-tall fence will also discourage deer from attempting to jump over it. The solar panels themselves only reach a maximum height of 6-8 feet, meaning neighbors will be able to continue to see eagles, hawks, geese, ducks, etc. US Solar has already conducted a third - party Phase I Environmental Site Assessment for the project. The assessment revealed no recognized environmental conditions in connection with the subject parcel . US Solar conducted a third - party, ground - based survey in May 2023 — no eagles nests or raptor nests were identified within a half- mile of the project premises . We also conducted a third - party field habitat assessment on the parcel in order to identify any Preble's Meadow Jumping Mouse habitat within the project premises and a surrounding 300-foot buffer. No avoidance areas were recommended for the project premises or surrounding 300-foot buffer. 5 . Maintenance Concern : The pollinator-friendly habitat is mowed and maintained by a third - party contractor. Typically, this service is provided on a quarterly basis and results in only a couple of pickup trucks visiting the site . 6 . Safety and Security Concern : The project will not alter your safety, security, or living conditions . We have already received an Interconnection Agreement from the utility (Xcel Energy), meaning their engineers have deemed the project safe to connect to their existing electrical infrastructure. The solar panels are fully-contained and consist of many of the same materials as the smartphone in your pocket : glass, aluminum , silver, and silicon . The solar panels don't emit radiation, and if the inverter does, it only produces a very, very small amount of weak electromagnetic fields . EMF's come in two forms : non -ionizing and ionizing . Non -ionizing EMF's are low- level forms of radiation that are harmless to humans. These include radio and TV waves, your fridge, your smartphone, etc. Non -ionizing radiation means that the radiation has enough energy to move atoms in a molecule around, but the radiation does not have enough energy to remove electrons from a molecule ( or ionize ) which can damage DNA. So, in theory, an inverter at a community solar garden could generate very low levels of non -ionizing radiation . Because this theoretical EMF would be non - ionizing and at very low levels, and about 1, 500 feet away from you, there' s no possibility of adverse health effects. 7 . Community Benefit Concern : Residents, businesses, and public entities in and around Weld County who are Xcel Energy customers will have the opportunity to subscribe to a portion of the electricity generated and receive bill credits on their Xcel Energy bills . In this way, members of the local community will have the opportunity to receive a direct economic benefit, typically a monthly savings of about 5 to 10 percent, from the project. As a tax- paying resident of Weld County, Mr. Matson has the right to do what he wants with his land — as long as that use is safe and county- permitted . 2 Todd Loose Concerns 0 believe he's the son of Sharlene and Dennis Loose ? ) - US Solar Outreach Concern : Your parents were invited to US Solar's virtual informational meeting in September. We sent the Loose family a letter specifically telling them to call us with any questions or concerns if they weren 't able to attend the virtual meeting. - Local Aesthetics Concern : Solar gardens have to be placed somewhere, and we situated this project with neighbors in mind . This is a well -sited community solar garden — there's only one ( 1 ) residence located within 500 feet, and that residence has provided written consent to our reduced setback. There' s only one residence located within a 1,000 foot radius . US Solar constructs its projects with farm -field style, page-wire fencing and plants pollinator-friendly habitat within its fenced area to best fit in with the project' s surrounding agricultural landscape . - Property Values Concern : A 2023 study conducted by Lawrence Berkeley National Laboratory finds that houses within a quarter- mile of some utility-scale solar farms saw average property values decline 2 . 3 percent. In this study, the authors analyzed 1 .8 million home sales near solar farms in six states ( Minnesota, California, Connecticut, Massachusetts, North Carolina , and New Jersey) that together account for over 50% of the installed capacity of solar in the United States . The study is the largest so far looking at how solar installations affect property values . The results? California, Connecticut, and Massachusetts had price effects that were so small that they were too close to zero to be deemed meaningful . Among all six states studied, the average property value decrease for homes within a quarter- mile radius of a utility- scale project was only 2 . 3 percent. Previous analyses conducted by other researchers have found larger negative effects for homes located near confined animal feeding operations, landfills, fossil fuel plants, and highways . Keep in mind that your parent' s home is located 200 feet outside of this quarter- mile radius from our project's northern fence. The northern fence of this project will be located over 1,400 feet south of your residence . That is nearly three ( 3 ) times the required residence setback of 500 feet within Weld County. Additionally, we' re talking about a medium -sized community solar project — not a massive utility-scale solar project featuring hundreds of acres . In conclusion, recent studies from federal laboratories conducted at a national level indicate that significant/extreme drops in property values, even for homes located within a quarter- mile of large utility-scale solar projects, are not likely. -Solar As Agricultural Use Concern : The proposed solar energy facility is an allowed use - it is considered a permitted use by special review within the Agricultural zoning district. The Comprehensive Plan, in Section 22-2-60 "Natural Resource Goals and Objectives, " Letter B, states that Weld County should "Support responsible energy and mineral development. " The proposed SEF will generate clean energy and will actually help ensure the long-term agricultural use of the parcel . The land can be returned to its agricultural use following the lifespan of USS Auburn Solar LLC . During the project' s lifespan , you can expect page-wire fencing and pollinator-friendly habitat, which helps ensure that the project will be conducive to the surrounding agricultural landscape . -Water/Lower Latham Reservoir Concern : Regarding the project' s proximity to the Lower Latham Reservoir, the project area is not located within a FEMA floodplain . No watercourse will be altered . The solar panels and trackers will be elevated to retain at least 1 foot of freeboard from the water surface elevation . Inverters and the equipment pad would likewise be elevated . The MVAC line connecting the solar garden equipment to the point-of-interconnection location to the north will be buried underground . We have already conducted a third - party Preliminary Drainage Report, which concludes that the site design will adequately protect public health and safety. US Solar will conduct a Stormwater Management Plan prior to construction . - Local Habitat Concern : US Solar takes habitat and local wildlife extremely seriously. We design our community solar gardens so that they' re conducive to helping the local environment . We plan pollinator-friendly habitat underneath and in between the rows of solar panels . These are low- lying, deep- rooted grasses . We intend for the pollinator-friendly habitat to enhance the local wildlife, such as bumblebees, monarch butterflies, and more . The fence features a gap of a few inches at the bottom so that small critters can enter and exit the fenced area without being caught . The 8-foot-tall fence will also discourage deer from attempting to jump over it. The solar panels themselves only reach a maximum height of 6-8 feet, meaning neighbors will be able to continue to see eagles, hawks, geese, ducks, etc. US Solar has already conducted a third - party Phase I Environmental Site Assessment for the project. The assessment revealed no recognized environmental conditions in connection with the subject parcel . US Solar conducted a third - party, ground - based survey in May 2023 — no eagles nests or raptor nests were identified within a half- mile of the project premises . 3 We also conducted a third - party field habitat assessment on the parcel in order to identify any Preble's Meadow Jumping Mouse habitat within the project premises and a surrounding 300-foot buffer. No avoidance areas were recommended for the project premises or surrounding 300-foot buffer. Pamela Heidbrink Concerns ( Project' s northern fence would be located approximately 1, 600 feet south of her residence) -Agricultural Area Concern : The proposed solar energy facility is considered a permitted use by special review within the Agricultural zoning district . The Comprehensive Plan, in Section 22 -2-60 "Natural Resource Goals and Objectives, " Letter B states that Weld County should "Support responsible energy and mineral development. " The proposed SEF will generate clean energy and will actually help ensure the long-term agricultural use of the parcel . The land can be returned to its agricultural use following the lifespan of USS Auburn Solar LLC . The agricultural page-wire fencing and the pollinator-friendly habitat will help ensure that this proposed project is conducive to the surrounding agricultural area . -Wildlife Concern : US Solar takes habitat and local wildlife extremely seriously. We design our community solar gardens so that they' re conducive to helping the local environment. We plan pollinator friendly habitat underneath and in between the rows of solar panels . These are low- lying, deep- rooted grasses . We intend for the pollinator-friendly habitat to enhance the local wildlife, such as bumblebees, monarch butterflies, and more . The fence features a gap of a few inches at the bottom so that small critters can enter and exit the fenced area without being caught . The 8-foot-tall fence will also discourage deer from attempting to jump over it . The solar panels themselves only reach a maximum height of 6-8 feet, meaning neighbors will be able to continue to see eagles, hawks, geese, ducks, etc. US Solar has already conducted a third - party Phase I Environmental Site Assessment for the project. The assessment revealed no recognized environmental conditions in connection with the subject parcel . US Solar conducted a third - party, ground - based survey in May 2023 — no eagles nests or raptor nests were identified within a half- mile of the project premises . We also conducted a third - party field habitat assessment on the parcel in order to identify any Preble's Meadow Jumping Mouse habitat within the project premises and a surrounding 300-foot buffer. No avoidance areas were recommended for the project premises or surrounding 300-foot buffer. - Property Values Concern : A 2023 study conducted by Lawrence Berkeley National Laboratory finds that houses within a quarter- mile of some utility-scale solar farms saw average property values decline 2 . 3 percent. In this study, the authors analyzed 1 .8 million home sales near solar farms in six states ( Minnesota, California, Connecticut, Massachusetts, North Carolina, and New Jersey) that together account for over 50% of the installed capacity of solar in the United States . The study is the largest so far looking at how solar installations affect property values . The results? California, Connecticut, and Massachusetts had price effects that were so small that they were too close to zero to be meaningful . Among all six states studied, the average property value decrease for homes within a quarter- mile radius of a utility-scale project was only 2 . 3 percent . Previous analyses conducted by other researchers have found larger negative effects for homes located near confined animal feeding operations, landfills, fossil fuel plants, and highways . Keep in mind that your homes are located nearly 300 feet outside of this quarter- mile radius from our project' s northern fence . The northern fence of this project will be located over 1, 500 feet south of your residence . That is over three ( 3 ) times the required residence setback of 500 feet within Weld County . Additionally, we' re talking about a medium-sized community solar project — not a massive utility-scale solar project featuring hundreds of acres . In conclusion, recent studies from federal laboratories conducted at a national level indicate that significant drops in property values, even for homes located within a quarter- mile of large utility-scale solar projects, are not likely. On Mon, Oct 9, 2023 at 12 : 52 PM Diana Aungst <daungst@weld .gov> wrote : Hi Luke : Please provide a response to the neighbors committee to me as soon as you can . Thanks, Diana Aungst AICP CFM Planner III 4 daungst@weld . gov 970-400-3524 From : Luke Gildemeister < luke . gildemeister@us-solar. com > Sent : Monday, October 9, 2023 10 : 31 AM To : Diana Aungst <daungst@weld . gov> Cc : David Watts <david .watts@us-solar. com >; Nicole Affleck < nicole . affleck@us-solar. com >; Tom Dickson <tom . dickson@us-solar. com >; Christine Natarajan <christine . natarajan@us-solar. com > Subject : Re : USR23-0028 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. Hi Diana, Please see below for our initial responses . Sincerely, Luke 1 . What is the rationale for removing the agricultural land from production (same as the question on USR23-0027) ? i he project parcel is zoned Agricultural . W ne proposed solar energy facility is considered an allowed use within Weld County - specifically , a use by special review . Mr . Matson recently retired from his construction business , and the solar energy facility would provide Mr. Matson 's family with a steady income stream during retirement and beyond . Additionally , Mr . Matson would like to do his small part in helping to reduce carbon emissions within his local community . Long-term , this temporary project will actually help Mr. Matson keep his parcel in agricultural production for future generations . Lastly , this project will only consist of about 27 . 9 fenced acres - Mr. Matson 's parcel is approximately 72 . 69 acres . Therefore , Les can continue to farm the remaining 44 . 79 acres outside of the solar energy facility's project fence throughout the lifespan of the project , if he'd like . This project was actually situated with farming practices in mind . The project's location will allow Les to continue to farm the parcel to the west (which he owns ) . There's over 2 million acres of farmland within Weld County according to the 2017 USDA Census . This relatively small (compared to massive utility-scale solar gardens) community solar garden , an allowed use , will not prevent Weld County from continuing to be Colorado's leading producer of cattle , dairy , grain , and sugar beets . 2 . How many cargo containers? US Solar's Operations team expects approximately three (3 ) cargo containers at the USS Auburn Solar LLC site during the construction process . There would be no cargo containers ors -site during the operational lifespan of the solar energy facility. 3 . Please respond to the concerns outlined in the neighbor's letters . Did you have a meeting with these folks? US Solar held a virtual community meeting 'or the USS Auburn Solar LLC application on Monday , September 11 from 5 PM to 6 PM Colorado time . All neighbors within 500 feet of the parcel were invited (they were mailed invitation letters in advance) to join via Zoom or telephone dial- in . There were two (2 ) attendees , one of which was a northern neighbor to the project. Concerns were addressed . In addition to hosting this virtual community meeting in September, US Solar plans on addressing every written/submitted neighbor concern directly within our prepared remarks at the November 7 Planning Commission meeting . Please notify us if Weld County would like us to submit written/typed responses to each of the neighbor concerns prior to the November 7 Planning Commission meeting . I 've also attached the referrals that do have comments . Please let me know the results of your conversation with Lower Latham Reservoir Company . US Solar is currently attempting to line up a virtual meeting with Lower Latham Reservoir Company ( LLRC ) . US Solar has already held numerous phone calls with John Flack , Ted Buderaus , and Doug Seeley at LLRC . Thus far, LLRC has expressed an openness to working with US 5 Solar on this project application . In fact, they've already supplied US Solar with an Overhead Distribution Line Agreement , and US Solar is currently working on creating an Access Agreement to be executed with LLRC . Of course , continued dialogue with LLRC will be necessary prior to construction mobilization should this application receive a USR permit . On Sun, Oct 8, 2023 at 5 : 24 PM Diana Aungst < daungst@weld . gov> wrote : Hi Luke : A few questions : 1 .What is the rationale for removing the agricultural land from production (same as the question on USR23-0027 )? R23-0027 )? 2 . How many cargo containers? 3 . Please respond to the concerns outlined in the neighbor's letters . Did you have a meeting with these folks? I 've also attached the referrals that do have comments . Please let me know the results of your conversation with Lower Latham Reservoir Company . Thanks , Diana Aungst AICP, CFM Planner Ill Our new address: Weld County Department of Planning Services 1402 N. 17th Avenue, PO Box 758, Greeley, Colorado 80632 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daungst@weld.gov www. weld. gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged , confidential or otherwise protected from disclosure . If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication . Any disclosure, copying , distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited . Luke Gildemeister - Project Developer 6 United States Solar Corporation 100 N 6th St, Suite 410B , Minneapolis, MN 55403 o : 612-230-0172 m : 763-381 -2275 luke . gildemeister©us-solar. com us-solar.com jrilljOLAR The information contained in this message is privileged and confidential, and is intended only for the use of the individual named above and others who have been specifically authorized to receive it. If you are not the intended recipient, you are hereby notified that any dissemination, distribution , or copying of this communication is strictly prohibited . If you have received this communication in error, or if any problems occur with transmission, please contact sender. Luke Gildemeister - Project Developer United States Solar Corporation 100 N 6th St, Suite 410B , Minneapolis , MN 55403 o : 612-230-0172 m : 763-381 -2275 luke .gildemeister@us-solar. com us-solar.com Sill&SOLAR The information contained in this message is privileged and confidential, and is intended only for the use of the individual named above and others who have been specifically authorized to receive it. If you are not the intended recipient, you are hereby notified that any dissemination, distribution , or copying of this communication is strictly prohibited . If you have received this communication in error, or if any problems occur with transmission, please contact sender. 7 Hello