HomeMy WebLinkAbout20220932.tiffMEMORANDUM
TO: Angela Snyder, Planning Services
FROM: Melissa J King, PE, Development Review
DATE: December 13, 2021
SUBJECT: USR21-0023 Enders Land Company, LLC
The proposal has been reviewed on behalf of the Weld County Department of Public Works. Staff
comments made during this phase of the application process may not be all-inclusive, as other issues may
arise during the remaining application process.
COMMENTS
GENERAL PROJECT INFORMATION/LOCATION
Project description: A Site Specific Development Plan and Use by Special Review for a Solar Energy Facility
in the A (Agricultural) Zone District.
This project is south of CR 22 and is east of CR 41.
Parcel number 130715000026.
Access is from CR 22.
ACCESS
Development Review has reviewed the application materials related to access.
The applicant has proposed to access CR 22 at an existing unpermitted access point that is approximately
10,600 feet east of the intersection of CR 22 and CR 41. To utilize this access point, the applicant has
proposed using the section line right-of-way for CR 45. An access permit shall be obtained for this location
as it appears as if it meets the Minimum Access Spacing Criteria as specified in Table 1 of Sec. 8-14-30.
Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We
strongly encourage you to discuss your access location with Public Works prior to laying out your site plan.
All "preliminarily approved" accesses are subject to change during the access permitting process. Per Sec.
24-8-40, when feasible, there shall be no net increase in the number of accesses to a public road. Minimum
access spacing widths are shown in Weld County Code Sec. 8-14-30. For shared, Public Works strongly
recommends the property owner establish an access road maintenance agreement so future owner of the
properties will be aware of their requirements for shared maintenance of the access road. This is not a
requirement for the recorded exemption but is recommended to avoid property owner conflicts in the future.
Please refer to Chapter 8 of the Weld County Code for more information regarding access.
ROADS AND RIGHTS -OF -WAY
This portion of County Road 45 is a section line road. Section line right-of-way does not exist in all sections
in Weld County and should be verified before a decision to utilize it is made. Weld County commonly refers
to these locations as "Non -Maintained Section Line Right -of -Way." The existence of a physical road does
not imply public right-of-way and the road may be located on private property. All right-of-way should be
verified and physical roads located in relationship to the public right-of-way to ensure trespassing does not
occur. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and
this information shall be noted on the plat. The applicant shall delineate on the plat the existing right-of-way
and physical location of existing or proposed roads. If the right-of-way cannot be verified it shall be
dedicated or an adequate easement between property owners shall be provided. Pursuant to the definition
of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-
of -way line. Be aware the physical roadway(s) may not be centered in the right-of-way. This road is NOT
maintained by Weld County.
Per, Sec. 8-13-30.B, a Weld County Right -of -Way Use Permit is required for any project that will be
occupying, constructing or excavating facilities within, and/or encroaching upon, any County rights -of -way
or easement. Right -of -Way Use Permit instructions and application can be found at
https://www.weldgov.com/departments/publIcworks/permits/.
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way.
TRAFFIC
Latest ADT (2019) on this portion of CR 22 counted 1,974 vpd with 47% trucks. The 85th percentile speed
is 65 mph.
The traffic information submitted with the application materials indicated that during operation there will be
approximately 1 monthly roundtrips.
However, during the 4-5 month construction timeframe there will be a maximum of 68 vehicles per day.
50% of the traffic will be going to the east and 50% of the traffic will be going to the west.
No additional traffic information is needed.
TRACKING CONTROL
Tracking control is required to prevent tracking from the site onto public roadways. For access to paved
roads, tracking control devices can be double cattle guards with 100 ft. of asphalt or 300 ft of asphalt. For
access to gravel roads, tracking control devices must be either double cattle guards with 100 ft. of road
base, or road base on all driving surfaces. Temporary Tracking Control shall be used during construction
unless permanent tracking control is installed ahead of construction activities. Recycled concrete is not
allowed in County right-of-way. Tracking control for unmaintained public right-of-way is required just prior
to entering publicly maintained roadways. A variance request for alternatives to the tracking control
requirement can be submitted to Public Works for review and consideration.
Based on the use of 2,600 feet of privately maintained section line road, no tracking control will be required.
ROAD MAINTENANCE AGREEMENT (Construction)
Public Works is requesting a Road Maintenance Agreement including, but not limited to, dust control and
damage repair to specified haul routes during construction.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldgov.com/Government/Departments/Planning-and-Zoning/Development-Review .
DRAINAGE REQUIREMENTS
This area IS within a Non -Urbanizing Drainage Area: Non -Urbanizing Drainage Areas typically require
detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained
water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped site for NON -
URBANIZING areas.
Detention pond waived and a simple drainage narrative:
The applicant has submitted an acceptable drainage narrative stating that the site is 95% Class A soils and
that the imperviousness will not increase other than the base of the solar panels.
No additional stormwater information is needed.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
GRADING PERMIT
A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications
are accepted after the planning process is complete (plan recorded). An Early Release Request Form may
be entertained only after the applicant, Public Works and Planning Department have reviewed the referral
and surrounding property owner comments. The Early Release Request may or may not be granted
depending on referral comments and surrounding property owner concerns. Contact an Engineering
representative from the Public Works for more information.
A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact:
Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575.
CONDITIONS OF APPROVAL
A. A Road Maintenance Agreement 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. If applicable, the applicant shall submit a recorded copy of any agreement signed by all of the owners of
the property crossed to reach the access point on CR 22. The agreement shall be for ingress, egress,
utilities and shall be referenced on the USR map by the Weld County Clerk and Recorder's Reception
number. (Development Review)
B. The plan shall be amended to delineate the following:
1. County Road 22 is a paved road and is designated on the Weld County Functional Classification
Map as an arterial road which requires 140 feet of right-of-way at full buildout. The applicant shall
delineate and label on the site map or plat the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of the road. All setbacks
shall be measured from the edge of right-of-way. This road is maintained by Weld County.
(Development Review)
2. County Road 45 Section Line is shown to have 30 feet of unmaintained section line right-of-way
per the Weld County GIS right-of-way map. The applicant shall delineate the 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)
3. If applicable, show and label a 30 -foot minimum access and utility easement to provide legal access
to the parcel on the site plan. (Development Review)
4. Show and label the approved access location, approved access width and the appropriate turning
radii on the site plan. The applicant must obtain an access permit in the approved location prior to
construction. (Development Review)
5. Show and label the drainage flow arrows. (Development Review)
6. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Development Review)
Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Development Review)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Development Review)
3. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
4. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Development Review)
5. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be
the responsibility of Weld County. (Development Review)
6. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org
Memorandum
To: Angela Snyder
From: Lauren Light, Environmental Health Services
Date: December 17, 2021
Re: USR27-0023 Applicant: Enders Land Company LLC c/o
Overland Solar LLC
Environmental Health Services has reviewed this Site -Specific Development
Plan and Use by Special Review Permit for a Solar Energy Facility in the A
(Agricultural) Zone District.
As no employees will be located at the site, permanent water and sewer is not
required. Screened portable toilets, hand washing units and bottled water can
be utilized during construction.
We recommend the following requirements are incorporated into the permit as
development standards:
1. During construction, all liquid and solid wastes (as defined in the Solid
Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be
stored and removed for final disposal in a manner that protects against
surface and groundwater contamination.
2. During construction, no permanent disposal of wastes shall be permitted
at this site. This is not meant to include those wastes specifically
excluded from the definition of a solid waste in the Solid Wastes Disposal
Sites and Facilities Act, 30-20-100.5, C.R.S.
3. During construction, waste materials shall be handled, stored, and
disposed in a manner that controls fugitive dust, fugitive particulate
emissions, blowing debris, and other potential nuisance conditions. The
facility shall operate in accordance with Chapter 14, Article 1 of the Weld
County Code.
4. Fugitive dust and fugitive particulate emissions shall be controlled
throughout the duration of construction of the facility.
Health Administration
Vital Records
Icic: 9/0 304 6410
Fax: 9/0-301-64 I'2
Public Health &
Clinical Services
Icic: 9/0 304 6420
Fax: 910-304-64 16
Environmental Health
Services
Tele:970-304-6415
Fux: 970-304-6411
Communication,
Education & Planning
Tele: 970-304-6470
Fox: 970-304-6452
Emergency Preparedness
8 Response
Te le: 970-304-6470
Fax: 970-304-6462
Public Health
5. During construction, adequate toilet facilities and handwashing units
shall be provided. Portable toilets shall be serviced by a cleaner
licensed in Weld County, contain hand sanitizers, be screened from
public view and removed when construction is completed.
6. The operation shall comply with all applicable rules and regulations of
State and Federal agencies and the Weld County Code.
Submit by Email
Weld County Referral
December 7, 2021
The Weld County Department of Planning Services has received the following item for review:
Applicant: Enders Land Company LLC
c/o Overland Solar LLC
Please Reply By: January 4, 2022
Project: A Site Specific Development Plan and Use by Special Review for a Solar Energy Facility in the
A (Agricultural) Zone District
Case Number: USR21-0023
Planner: Angela Snyder
Parcel Number: 130715000026-R8449300-egal: SE4 SECTION 15, T2N, R65W of the 6th P.M., Weld,
County Colorado.
Location: 0.5 miles east of county Road 43, north of and adjacent to County Road 20 Section Line
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the
Planner associated with the request. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
IT We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
IT We have reviewed the request and find no conflicts with our interests.
T
See attached letter.
Signature
Agency Weld County Oil and Gas Energy DE
Date 12/28/2021
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-440-6100 (970)-304-6498 fax
Weld County
Oil & Gas Energy Department
Referral Comments
Referring Agency: Weld County Department of Planning Services
Reference Number: USR21-0023
Associated Parcel: 1307-15-0-00-026
OGED Reviewer: Jennifer Teeters
Review Date: December 28, 2021
The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to
comment on the captioned planning case. Staff has completed review of the proposal and have no
conflicts with the proposed activity. We have included additional comments below:
1. There are no active or proposed 1041 WOGLA Permits on the associated parcel. There are
several oil and gas well sites in the area surrounding the parcel.
2. The parcel includes four (4) plugged and abandoned (PA) wells listed in Table 2 below.
Additional information regarding these plugged and abandoned wells is available from the
Colorado Oil and Gas Conservation Commission (COGCC). OGED recommends that the
Applicant review this information and contact the responsible operator regarding well
infrastructure that may have been abandoned in place prior to conducting operations in
proximity to the wells.
API
Operator
Well Title
Well Status
05-123-20141
Kerr McGee Oil & Gas Onshore LP
Bolet Red X #15-10 JI
PA
05-123-16781
Kerr McGee Oil & Gas Onshore LP
Bolet Red #X 15-10
PA
05-123-19647
Kerr McGee Oil & Gas Onshore LP
Bolet Red X #15-15JI
PA
05-123-16782
Kerr McGee Oil & Gas Onshore LP
Bolet Red #X 15-15
PA
3. The parcel includes two (2) Shut-in (SI) wells listed in Table 2 below. Additional information
regarding these Shut-in wells is available from the Colorado Oil and Gas Conservation
Commission (COGCC). OGED recommends that the Applicant review this information and
contact the responsible operator regarding well infrastructure that may have been
abandoned in place prior to conducting operations in proximity to the wells.
API
Operator
Well Title
Well Status
05-123-16236
Kerr McGee Oil & Gas Onshore LP
Bolet Red X #15-4D
SI
05-123-16783
Kerr McGee Oil & Gas Onshore LP
Bolet Red #X 15-16
SI
4. The USR lands may include additional oil and gas related infrastructure, such as off -location
flowlines or pipeline which are a use by right and not regulated by Weld County. OGED
requests that the applicant reviews flowline data available from the COGCC map viewer and
utilize Colorado 811 prior to any excavation activities.
These comments and recommendations are based upon the review of the application materials
submitted by the applicant and other relevant information available on the E -Permit site.
IN TEp
POWER
Your Touchstone Energy,ff Cooperative .
December 16, 2021
Weld County Planning Services
Re: Case# USR21-0023 — Overland Solar
Dear Angela Snyder:
On behalf of United Power, Inc., thank you for inviting us to review and comment on the Case# USR21-0O23 — Overland Solar.
After review of the information, we have the following comments:
+ Perimeter Distribution — United Power requires continuous dry utility easements for reliable electric facility
installation. This allows us to install electric facilities in a continuous manner for our loop feed which provides reliability.
With that being said, there are easements along the north and east sides of the parcel, but we will need S' to 10' wide dry
utility easements on the west and south ends.
• Easements utilized by United Power cannot be encumbered by any hard surfaces such as streets or sidewalks.
Although the roadways/tracts on the plat are dedicated to utilities, we have above ground equipment that cannot be
placed within these areas. in addition, sidewalks take away from the use of the easement & reduces the area, limiting
where our equipment can be placed.
Please have the property owner/developer/contractor submit an application for new electric service, any, modification to
existing facilities including relocation and/or removal along with CAD data via https://www.unitedpower.com/construction.
UNITED POWER, INC.,
500 Cooperative Way • Brighton, CO 80603 3O3-659.0551 • 00-46B-880 • fax 303-659-2172 www.unitediower.com
United Power would like to work with these persons early in the construction process on getting an electric design prepared so
that we can request any additional easements needed and hopefully have those easements dedicated on the plat rather than
obtaining separate instrument. Obtaining easements via a separate instrument can be time consuming and could cause
delays.
As a Reminder: No permanent structures are acceptable within the dry utility easement(s); such as, window wells, wing walls,
retaining walls, basement walls, roof overhang, anything affixed to the house like decks, etc. United Power considers any
structure that impedes the access, maintenance, and safety of our facilities a permanent structure. No exceptions will be
allowed, and any encroachments could result in penalties.
Service will be provided according to the rules, regulations, and policies in effect by United Power at the time service is
requested. We would like to remind the developer to call the Utility Notification Center by dialing 811 to have all utilities
located prior to construction. We look forward to safely and efficiently providing reliable electric power and outstanding
service.
Thank you,
4144,bier Me-o-za/
Amber Mendoza, RWA
ROW Agent
720.249.9315 I platreferral@unitedpower.darn
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