HomeMy WebLinkAbout20220336.tiffMEMORANDUM
TO: Michael Hall, Planning Services
FROM: Melissa J King, PE, Development Review
DATE: October 20, 2021
SUBJECT: USR21-0020 ECA Solar
This 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 Permit for a Solar Energy
Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District.
This project is south of Hwy 392 and is east of and adjacent to CR 37.
Parcel number 080319200011.
Access is from CR 37.
ACCESS
Weld County Public Works has reviewed the application materials related to access.
The parcel has three unpermitted access points:
• Onto CR 37 approximately 668 feet south of the intersection of CR 37 and Hwy 392;
• Onto CR 37 approximately 1,900 feet south of the intersection of CR 37 and Hwy 392; and,
• Onto Hwy 392 approximately 450 feet east of the intersection of Hwy 392 and CR 37. This appears
to be an irrigation ditch road.
The applicant is proposing to only use the two access points onto CR 37. As these access points appear
to meet the Minimum Spacing Criteria, as specified in Table 1 of Sec 8-14-30, access permits shall be
obtained prior to construction.
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 with Public Works prior to laying out your site plan to ensure
the approved accesses are compatible with your layout. 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 are shown in Weld
County Code, Sec. 8-14-30 Table 1. Please refer to Chapter 8 of the Weld County Code for more
information regarding access.
ROADS AND RIGHTS -OF -WAY
County Road 37 is a paved road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way. 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. If the right-of-way cannot be verified it shall be
dedicated or reserved per Weld County Code. Pursuant to the definition of setback in the Weld County
Code, Sec. 23-1- 90, the required setback is measured from the future right-of-way line. Be aware that
physical roadways may not be centered in the right-of-way. This road is maintained by Weld County.
The Colorado Department of Transportation (CDOT) has jurisdiction over all state highways. Please
contact CDOT to verify the right-of-way in this area. (State Highway 392)
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.weIdgov.com/departments/pub/ Icworks/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.
RIGHT-OF-WAY USE
This project appears to use Weld County Right -of -Way associated with County Road 37. This use may
require a Right -of -Way Use Permit. The Right -of -Way Use Permit is a tool to help regulate unauthorized
obstructions of, excavations in, and use of the County's rights -of -way and easements by utilities and line
providers by requiring permits for ALL construction activities within the Weld County rights -of -way, whether
gravel or paved, and including all public drainage easements. A Right -of -Way Use Permit grants a permit
holder permission to occupy, excavate, survey, perform locations, or construct facilities within the County
rights -of -way or easement, and provide for the subsequent restoration upon completion. Review the
following link for additional information:
httos://www.weldaov.com/Government/Departments/Public-Works/Permits/Riaht-of-Wav-Permits .
TRAFFIC
Latest ADT (2018) on CR 37 counted 3,042 vpd with 11% trucks. The 85th percentile speed is 61 mph.
The traffic information submitted with the application materials indicated that during construction that there
will be approximately 50 daily passenger vehicle roundtrips and 10 daily delivery truck roundtrips. The
application materials indicated that during the operation of the site that there would be approximately 5
annual passenger vehicle roundtrips. 100% of the traffic will be going to the north to access Hwy 392.
No additional traffic information is required.
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.
This site requires double cattle guards and 100 ft. of asphalt or 300 ft. of asphalt.
The tracking control shall be installed prior to construction.
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.
Improvements/Road Maintenance Agreement: An example agreement is available at:
httos://www.weldaov.com/Government/Departments/Plannina-and-Zonina/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.
Drainage Report:
The applicant has submitted a preliminary drainage report. A final drainage report completed by a Colorado
Licensed Professional Engineer is required prior to recording the USR map. The drainage report must
include a certification of compliance stamped and signed by the PE. A Certification of Compliance form can
be found on the Public Works Development Review website. General drainage report checklist is available
on the engineering website. More complete checklists are available upon request.
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 (Construction) is required at this location. Road maintenance
includes, but is not limited to, dust control and damage repair to specified haul routes. (Department of
Public Works)
B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Public Works)
C. If applicable, the applicant shall submit a recorded copy of any agreement signed by all of the owners
of the property crossed by the access. The access shall be for ingress, egress, utilities and shall be
referenced on the USR map by the Weld County Clerk and Recorder's Reception number. (Department
of Public Works)
D. The plan shall be amended to delineate the following:
1. County Road 37 is a paved road and is designated on the Weld County Functional Classification
Map as a collector road which requires 80 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.
(Department of Public Works)
2. Show and label the approved access locations, approved access width and the appropriate turning
radii on the site plan. The applicant must obtain an access permit in the approved locations prior
to construction. (Department of Public Works)
3. Show and label the approved tracking control on the site plan. (Department of Public Works)
4. Show and label the entrance gate if applicable. An access approach that is gated shall be designed
so that the longest vehicle (including trailers) using the access can completely clear the traveled
way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled
surface be less than 35 feet. (Department of Public Works)
5. If applicable, show and label a 30 -foot minimum access and utility easement to provide legal access
to the parcel on the site plan. (Department of Public Works)
6. Show and label the drainage flow arrows. (Department of Public Works)
7. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Department of Public Works)
Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
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. (Department of Public Works)
2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Department of Public Works)
3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
4. 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. (Department of Public Works)
5. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Construction). (Department of Public Works)
6. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Department of Public Works)
7. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
c u 1 rY 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Michael Hall
From: Lauren Light, Environmental Health Services
Date: October 25, 2021
Re: USR21-0020 Estromina Co Greeley Land LLC
Environmental Health Services has reviewed this 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.
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 ti
Health Administration Public Health &
Vital Retards Clinical Services
Icic: 9/0 304 6410 Ice: 9:0 304 6420
Fax: 9/U-301-6'112 Fax: y/0-304-64 1
ie duration of cc
Environmental Health
Services
Tele:970-304-6415
Fax. 970-304-641 1
nstruction of the
Communication,
Education & Planning
Tee: 970-.304-6470
Fax: 970-304-6452
facility.
Emergency Preparedness
8 Response
lele: 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.
Michael Hall
From:
Michael Hall
Sent:
Wednesday, December 8, 2021 10:41 AM
To:
David Burns; Michael Redding; Chris Haas
Cc:
Roy Rudisill
Subject:
RE: USR21-0020 ECA Solar
Dave,
Very good. Thanks for letting me know. Based on your determination, I will not include an EAP as a condition of approval
in the USR staff report.
Thank you,
Michael Hall
Planner II
(970) 400-3528
mhall@weldgov.com
1555 N17th Avenue
Greeley, CO 80631
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.
From: David Burns <dburns@weldgov.com>
Sent: Tuesday, December 7, 2021 11:52 AM
To: Michael Redding <mr@ecasolar.com>; Chris Haas <chaas@liveyourcore.com>; Michael Hall <mhall@weldgov.com>
Cc: Roy Rudisill <rrudisill@weldgov.com>
Subject: RE: USR21-0020 ECA Solar
Good afternoon Michael —
It was nice talking with you yesterday.
Thank you for the update regarding the non-use of batteries for this site, therefore, an EAP will not be required for this
site. I have also included Michel Hall on this email, so he knows the update regarding no EAP will be required for this
location.
Please do not hesitate to contact us if you have any questions a long the way.
v/r
EMERGENCY MANAGEMENT •
Dave Burns, CO -GEM, MEP I Sr. EM Coordinator
Office of Emergency Management
1150O St. Greeley, Co
970-400-3993 Office
970-515-254/Cell
)unty LEPC
J'I.31nuirX C-Ss]➢1111itit't'
From: Michael Redding <mr@ecasolar.com>
Sent: Tuesday, December 7, 2021 5:24 AM
To: David Burns <dburns@weldgov.com>; Chris Haas <chaas@liveyourcore.com>
Subject: Re: USR21-0020 [CA Solar
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 Dave
Following up from our call yesterday regarding our solar project in Greeley. As we discussed, our project will not have
battery storage. For this reason, an Emergency Management Plan will not be required as there will be no storage of
hazardous or toxic chemicals as regulated under EPCRA. Thanks for meeting with me yesterday to discuss this further.
Sincerely,
Michael Redding, P.E.
Director of Civil Engineering
Cell (603) 494-6801
C'
On Fri, Dec 3, 2021 at 11:04 AM Michael Redding <mr@ecasolar.com>wrote:
Great, I'll try you around 10/10:30. take care
Thanks
Michael@ECASolar
On Fri, Dec 3, 2021 at 10:15 AM David Burns <dburns@weldgov.com>wrote:
2
Good Morning Michael —
I am open anytime Monday after 9:30 a.m.
Fell free to give me a call anytime after then.
Have a great weekend!
v/r
Dave Burns, CO-CEM, MEP I Sr. EM Coordinator
Office of Emergency Management
1150O St. Greeley, Co
970-400-3993 Office
970-515-2541 Cell
(MERGENCY MANAGEMENT •
From: Michael Redding <mr@ecasolar.com>
Sent: Friday, December 3, 2021 5:32 AM
To: David Burns <dburns@weldgov.com>
Subject: Fwd: USR21-0020 ECA Solar
unity LEPC
ll.y-
JClirlitk't'
I
3
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 Dave
I received your letter to Michael Hall regarding our solar project on CR 37 in Greeley. Wanted to circle up with you to
discuss the EAP requirement. Are you around tomorrow or Monday that I could give you a call?
Sincerely,
Michael Redding, P.E.
Director of Civil Engineering
Cell (603) 494-6801
EMERGENCY MANAGEMENT
OEM — Office of Emergency Management
Director: Roy Rudisill
1150 " O" Street
PO Box 758
Greeley, CO 80632-0758
Phone 970-304-6540
Fax 970-336-7242
www.co.weld.co.us
October 22, 2021
To: Michael Hall
Planner II
Planning and Zoning
Reg: USR21-0020 — ECA Solar
Dear Mr. Hall,
Weld County Office of Emergency Management (WCOEM) has completed our review of the
documentations provided for this USR. Upon our review of this facility, the facility meets the
requirements for a Facility Emergency Action Plan.
A facility EAP template can be found on the Weld County Office of Emergency Management Website,
under the LEPC page or can be found by using the link below.
https://www.weldgov.com/UserFiles/Servers/Server 6/File/Departments/OEM/LEPC/FacilityEmergency
ActionPlan.doc
Once an EAP is completed for this project, please provide a copy to Dave Burns, Sr. Emergency
Management Coordinator, Weld County Office of Emergency Management.
Please do not hesitate to contact us if you have any questions.
Z7 u bU4-
Dave Burns, CO-CEM, MEP I Sr. EM Coordinator
Office of Emergency Management
Submit by Email
Weld County Referral
October 15, 2021
The Weld County Department of Planning Services has received the following item for review:
Applicant: ESTROMINA CO GREELEY LAND LLC Case Number: USR21-0020
Please Reply By: November 12, 2021 Planner: Michael Hall
Project: A Site Specific Development Plan and Use by Special Review Permit for a Solar Energy
Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District.
Parcel Number: 080319200011-R8959137 Legal: LOT B RECX18-0151, PT NW4 SECTION 19, T6N,
R65W of the 6th P.M., Weld County, Colorado.
Location: South of and adjacent to State Highway 392; east of and adjacent to CR 37
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.
O We have reviewed the request and find that it does! does not comply with our
Comprehensive Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature
Agency Weld County Oil and Gas Energy DE
Date 11/3/2021
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: USR21-0020
Associated Parcel: 080319200011-R8959137
OGED Reviewer: Jennifer Teeters
Review Date: 11/3/2021
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. The parcel includes one (1) active oil and gas wells, listed in Table 1 below. OGED requests
that the Applicant coordinate operations in proximity to existing wells and production
facilities with the operator(s) of these wells.
API
Operator
Well Title
Well Status
05-123-12191
PDC Energy Inc
Monfort #4-19
PR
2. The parcel includes one (1) temporarily abandoned (TA) well listed in Table 2 below.
Additional information regarding the temporarily abandoned well 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
05-123-26397
Noble Energy Inc
Orr #19-05
TA
3. The USR lands may include additional oil and gas related infrastructure, such as off -location
flowlines or pipeline which are a use by right and not regulated by Weld County. OGED
requests that the applicant reviews flowline data available from the COGCC map viewer and
utilize Colorado 811 prior to any excavation activities.
These comments and recommendations are based upon the review of the application materials
submitted by the applicant and other relevant information available on the E -Permit site.
Submit by Email
Weld County Referral
October 15, 2021
The Weld County Department of Planning Services has received the following item for review:
Applicant: ESTROMINA CO GREELEY LAND LLC Case Number: USR21-0020
Please Reply By: November 12, 2021 Planner: Michael Hall
Project: A Site Specific Development Plan and Use by Special Review Permit for a Solar Energy
Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District.
Parcel Number: 080319200011-R8959137 Legal: LOT B RECX18-0151, PT NW4 SECTION 19, T6N,
R65W of the 6th P.M., Weld County, Colorado.
Location: South of and adjacent to State Highway 392; east of and adjacent to CR 37
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response
not received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the
Planner associated with the request. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
fl We have reviewed the request and find no conflicts with our interests.
Q See attached lest
Signature DateNoV 6e O i 202 1
Agency "WEST GREE
CT
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-440-6100 (970)-304-6498 fax
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West Greeley Conservation District
(970) 356-8097
Below is a list of the soils and their limitations
accordin
to the USDA, Weld County
Soil Survey.
Map Soil Name
Symbol
Soil Texture
ShallowDwellings
Excavations
without
I.basements
Dwellings with
Small
Commercial
Septic Tank
Absorption
Prime Farm
Land (if
Additional Comments
41Aquolls
Flooded
Loam
Severe
Slight
Severe
Slight
Severe
Slight
(Slight
Severe
Severe
No
_ 15 Colby
Slight
Yes
16 Colby
Loam
Slight
Slight
Slight
Slight
No
32 Kim
_ 46 Olney
Loam
Slight
A
Slight
Yes
Fine Sandy Loam
Slight
Slight
Slight
Slight
Slight
Yes
• 47 Olney
Fine Sandy Loam
Slight
Slight
Slight
Slight
Slight
Yes
-
I
i
The West Greeley Conservation District recommends that the applicant does an on site soils test prior to any construction. For a more complete soils description consult the Weld County Soil Survey or
contact our office at (970) 356-8097. If you or the applicant have any questions please feel free to call our office.
•WEST GREELEY
CONSERVATI �-
. I ...
I a
DISTRICT _ r y.
• G 1
M�a/ 4 s♦ 14+
t' �. 1 217Th � � ♦ rb
• • • � -\ r V r , R 1 . 1 jam - I '- ^ F ,.L 4 r - `-,'
sxira Elk1i�_.i4r ,.4ia t.;ar
Produced by the West Greeley Conservation District
Submit by Email
Weld County Referral
October 15, 2021
The Weld County Department of Planning Services has received the following item for review:
Applicant: ESTROMINA CO GREELEY LAND LLC Case Number: USR21-0020
Please Reply By: November 12, 2021 Planner: Michael Hall
Project: A Site Specific Development Plan and Use by Special Review Permit for a Solar Energy
Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District.
Parcel Number: 080319200011-R8959137 Legal: LOT B RECX18-0151, PT NW4 SECTION 19, T6N,
R65W of the 6th P.M., Weld County, Colorado.
Location: South of and adjacent to State Highway 392; east of and adjacent to CR 37
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.
O We have reviewed the request and find that it does! does not comply with our
Comprehensive Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Dale Trowbridge
Signature
Agency New Cache La Poudre Irrigating Co
Date 11-2-2021
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-440-6100 (970)-304-6498 fax
THE NEW CACHE LA POUDRE IRRIGATING COMPANY
THE CACHE LA POUDRE RESERVOIR COMPANY
(970) 352-0222
Project Review Comments
Case Number: USR21-0020 Submittal Date: 11/2/2021
Applicant: Estromina CO Greeley Land, LLC
Reviewed by: The New Cache La Poudre Irrigating Company
In reviewing the application, New Cache make the following comments.
The New Cache La Poudre Irrigating Company canal traverses the northeast portion of the property. The
New Cache La Poudre Irrigating Company has a statutory responsibility to operate and maintain the
canal. The ditch company has been in existence since 1870 and has a prescriptive easement in this area.
The maintenance activity includes, but is not limited to weed control, excavation of the canal, weed
burning, water delivery, etc. The canal road and adjoining area are utilized for these purposes. Some of
these activities occur on an irregular basis depending on need. Access along the canal must be
maintained in order to perform our tasks. Access must not be restricted. No fences, landscaping,
improvements, or other changes made to the easement without the written permission of the New
Cache La Poudre Irrigating Company.
The canal bank is elevated in this location and therefore, the bank width is crucial. Efforts have been
undertaken to widen the bank for safety purposes. There have been no issues, but preventative
maintenance will continue. Therefore, any development of the property (fences) is requested to allow
forthis continued maintenance. I am happy to discuss this with the owner.
Respectfully,
Dale Trowbridge
General Manager
The New Cache La Poudre Irrigating Company
33040 Railroad Avenue • P.O. Box 104 • Lucerne, Colorado 80646
Submit by Email
Weld County Referral
October 15, 2021
The Weld County Department of Planning Services has received the following item for review:
Applicant: ESTROMINA CO GREELEY LAND LLC Case Number: USR21-0020
Please Reply By: November 12, 2021 Planner: Michael Hall
Project: A Site Specific Development Plan and Use by Special Review Permit for a Solar Energy
Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District.
Parcel Number: 080319200011-R8959137 Legal: LOT B RECX18-0151, PT NW4 SECTION 19, T6N,
R65W of the 6th P.M., Weld County, Colorado.
Location: South of and adjacent to State Highway 392; east of and adjacent to CR 37
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.
O We have reviewed the request and find that it does! does not comply with our
Comprehensive Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature
Agency Colorado Parks and Wildlife
Date 11/12/2021
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-440-6100 (970)-304-6498 fax
Parks and Wildlife CICOLORADO
Department of Natural Resources
Northeast Regional Office
6060 Broadway
Denver, CO 80216
P 303.291.7227
October 26th, 2021
Michael Hall
1555 N 17th Ave
Greeley, CO 80631
970-400-6100
mhall@weldgov.com
RE: CPW's Comments on the USR21-0020, Solar Project for Estromina Co Greeley Land LLC
Dear Michael,
Thank you for the opportunity for Colorado Parks and Wildlife (CPW) to comment on the County
Road 37 Solar Garden Project. It is our understanding that this project (developed by ECA solar)
will take place at CR 37, just west of Highway 85 and Lucerne. That the solar project will create
a take place on 79.01 acres of land in unincorporated Weld County, of which approximately
27.22 acres of the project will directly support solar panel arrays. That the station would
include the construction of 13,600 solar modules, creating approximately 5 Megawatts (MW) on
site. The project also include an electric collection system, a new overhead transmission line,
and a perimeter fence with construction to begin Fall 2021 with a construction end date ranging
from Winter 2022 to Spring 2022.
The mission of CPW is to perpetuate the wildlife resources of the state, to provide a quality
state parks system, and to provide enjoyable and sustainable outdoor recreation opportunities
that educate and inspire current and future generations to serve as active stewards of
Colorado's natural resources. CPW has a statutory responsibility to manage all wildlife species
in Colorado, and to promote a variety of recreational opportunities throughout Colorado. The
protection of raptor nesting locations and access to hunting recreation are of extreme
importance to CPW. CPW recommends that all proposed projects be assessed to avoid,
minimize, or mitigate impacts to sensitive wildlife habitats and species. That includes species
of concern, big game winter concentration areas, breeding and nesting habitats for sensitive
ground -nesting birds, and nests of raptors sensitive to development to prevent the loss of
habitat or fragmentation of habitat. One way we achieve this goal is by responding to referral
comment requests, as is the case for this project.
HOW CPW CONSULTS ON SOLAR PROJECTS
The design of solar facilities of may conflict with CPW's resource conservation goals such by
creating conflicts with identified priority areas such as Raptor Habitats, High Priority Habitats
(HPHs), Aquatic Habitats, etc. Though not applicable to this Solar Project at this time,
Compensatory mitigation is often the only measure that can be taken to achieve no net loss of
HPHs. It is CPW's policy to seek compensatory mitigation for solar developments at a 1:1
disturbance to mitigation ratio for solar developments sited partially or entirely within mapped
HPHs. This collaboration results in obtaining CPW support for applications that run through
permitting authorities such as towns, counties, and the Colorado Public Utilities Commission
(PUC). In addition to directly protecting Colorado's wildlife resources, these mitigation projects
often generate positive press for the developer
For eligible energy resources, CPW recommends that new renewable energy projects follow
Colorado PUC Rule 3668 on Environmental Impacts in conducting wildlife surveys, in using these
surveys to avoid, minimize and mitigate potential impacts to wildlife and their habitats, and
work closely with CPW on the design of their project.
CPW recently posted our Solar Energy Best Management Practices for Wildlife document3 on our
Energy and Land Use website. In general, CPW recommends that the developer consolidate
facilities and roads to the maximum extent possible, to minimize the amount of land that is
disturbed and fragmented. Habitat loss and fragmentation are significant concerns regarding
solar development, and minimizing the project footprint to the extent possible can help reduce
the impacts on wildlife.
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CPW'S CONCERNS
Raptor Nests
The CPW publication "Recommended Buffer Zones and Seasonal restrictions for Colorado
Raptors" is available for your consideration4.
As alluded to in section 3.3 of the applicant's plans, two raptor nests were documented
adjacent to the project site. District Wildlife Manager Jackson Davis can confirm that the nest
placed west of the project was documented as a Red-tailed Hawk nest on 05/21/2021. Neither
the nest to the north of the project site, nor the nest to the west have been documented in
CPW's raptor nest database at this time.
These nests may be new nests or have been overlooked during previous years of surveying. With
this in mind, CPW recommends that no surface occupancy occurs within 1/3 mile of active nests
and that no permitted, authorized, or human encroachment activities occur within 1/3 mile
from February 15 to July 15. The applicant must also abide by federal raptor buffer guidelines
set forth by the US Fish and Wildlife Service, and be prepared to apply for take permits in the
case of nest abandonment, death of youth, or death of nesting adults due to development
activities.
Fencing
The CPW publication "Fencing with Wildlife in Mind" is available for your consideration and
review when designing fencing for a projects. Due to the large number of migratory birds and
raptors that utilize the corridor, including Swainson's hawks, Red-tailed Hawks, and Migratory
Canada Geese in the area, there is a risk of Avian Fatalities. Avian wildlife are known to fly into
fencing, solar panels, and other human made structures that are not easily visible to the
wildlife. CPW acknowledges that the solar project will include security fencing, and requests
that any security fence follow CPW's fencing best management practices, and any non -security
fence be wildlife friendly.
CPW also recommends that any industrial surface water or evaporations ponds associated with
the site include design to prevent access for avian species.
CPW also requests at least an annual summary of wildlife species that become trapped within
the security fencing and/or collide with the panels or wires and become injured or die.
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Hunting Recreation
From November 2nd 2021 to February 13th 2022, Dark Goose season is opened for hunting within
Weld County. Goose hunting is incredibly popular within Weld County due to the large flocks of
Canada geese that migrate to the abundant fallow fields and water bodies during the winter
migration. Within the immediate 1 mile radius surrounding the project site to the south, west,
and north, historical Goose hunting has occurred. Hunting provided an estimated $30.7 Million
to the local hunting economy within the Weld County area, which is ranked number 7 in the
top 10 counties for Total Hunting Economic Contributions (SCORP 2017)6. Due to the potential
disturbance, CPW requests that development activities begin after the 2021-2022 Dark Goose
season to minimize impact to neighboring hunting blinds, as development activities surrounding
open fields where Goose hunting takes place will deter birds from approaching blinds, directly
impacting hunting success and recreation availability during the 2021-2022 season, which will
have already started by the time this comment is submitted.
Construction Timin
As alluded to in the above sections the following Construction Timing time frames are
recommended for consideration
To avoid impacts on the nesting efforts of migratory birds (e.g. raptors), the developer
should focus construction activities to take place outside of the breeding season
(February 15th to July 15th). If construction must occur during the breeding season,
surveys for active nests should be conducted prior to groundbreaking. All migratory birds
are protected under the Migratory Bird Treaty Act and removal or disturbance of any
migratory bird nest would require consultation with CPW and USFS prior to disturbance.
Avoidance of construction during the 2021-2022 Dark Goose hunting season from
November 2nd 2021 to February 13th 2022.
Other Best Management Practices
Refer to the Colorado Parks and Wildlife Best Management Practices for Solar Energy
Development for additional information.
6 SCORP-AmendixF-FcouotiucCoutritiittious.ndf
CPW requests that Weld County continues to include us with this project as it moves through
the permitting process. CPW also appreciates the continued collaboration with Weld County as
we jointly strive for responsible energy development while protecting sensitive species and
their habitat. This collaboration should benefit the residents, visitors, hunters, economy, and
wildlife species found throughout the Weld County area.
If the timing or scope of this project changes and/or if you have any questions, please contact
Jackson Davis, Greeley North District Wildlife Manager, at 970-342-0461 or at
iackson.davis@state.co.us.
Sincerely,
Jackson Davis
District Wildlife Manager- Greeley North
Area 4
C 970.342.0461 1 P 970.472.4300
317 W Prospect Road, Fort Collins, CO 80526
jackson.davis@state.co.us
cc: Jason Surface <Jason.surface@state.co.us
Brandon Marette < Brandon.marette@state.co.us
Boyd Wright < boyd. wright@stQte.co.us
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