HomeMy WebLinkAbout20220332.tiffPlanner: Michael Hall
Case Number: USR21-0020
USE BY SPECIAL REVIEW PERMIT
STAFF COMMENTS
Hearing Date: January 4, 2022
Owner: Estromina CO Greeley Land, LLC c/o Todd Fryatt (ECA Solar)
282 Moody Street, Suite 202, Waltham, MA 02453
Agent: Core Consultants Inc. c/o Chris Haas, Principal
3473 South Broadway, Englewood, CO 80113
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 RECX18-0151; being part of the NW4 of Section 19, T6N, R65W, of the 6th P.M.,
Description: Weld County, Colorado
Location: South of and adjacent to State Highway 392; east of and adjacent to County Road 37
Acreage: Parcel boundary: +1- 78 acres Parcel No. 0803-19-2-00-011
Solar array: +1- 27 acres
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:
• PDC Energy, referral dated December 16, 2021
• Colorado Parks and Wildlife, referral dated October 26, 2021
• West Greeley Conservation District referral dated November 8, 2021
• Weld County Oil and Gas Energy Department, referral dated November 3, 2021
• Weld County Department of Public Health and Environment, referral dated October 25, 2021
• New Cache La Poudre Irrigating Company (Greeley #2 Canal), referral dated November 2, 2021
• Weld County Department of Planning Services — Development Review, referral dated October 20, 2021
• Weld County Office of Emergency Management, referrals dated October 22, 2021 and December 7, 2021
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• City of Greeley, referral dated November 2, 2021
• Weld County Sheriff's Office, referral dated October 20, 2021
• Weld County Zoning Compliance, referral dated October 15, 2021
• Weld County School District RE -2, referral dated October 20, 2021
• Colorado Department of Transportation, referral dated October 27, 2021
The Department of Planning Services' staff has not received responses from the following agencies:
• Xcel Energy
• Town of Eaton
• Eaton Fire Protection District
• Weld County Assessor's Office
• North Weld County Water District
• United States Army Corps of Engineers
• Weld County Department of Planning Services - Building Inspection
USR21-0020 — Estromina CO Greeley Land, LLC
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CASE SUMMARY:
The owner and applicant, Estromina CO Greeley Land, LLC, c/o ECA Solar, is requesting 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, known as the County Road 37 Solar
Garden Project. ECA Solar will own and operate the SEF. The Solar Energy Facility will include construction
of solar panels mounted on single axis trackers, a collection system connecting the solar arrays to the
proposed inverter bank, and an overhead electric interconnection to the existing distribution grid. The
capacity of the facility is approximately five (5) megawatts DC.
The approximately twenty-seven (27) solar array will be located in the center portion of the subject seventy-
eight (78) acre parcel. The parcel is currently half in fallow row crop field and half untilled fallow field with one
(1) existing gravel access road to serve on -site oil and gas production facilities. The Graham Seep flows
north to south along the western boundary of the parcel and the Greeley #2 Canal runs north to south along
the eastern boundary of the parcel; neither of which will be impacted by construction or operation of the SEF.
A temporary construction yard will be located south of the solar array. Once in operation, there will be no
outdoor stockpiling, uncovered storage, or waste areas. Two (2) storage containers will be located on -site
during construction and during operation, to store spare parts, tool and miscellaneous equipment. Three,
temporary construction trailers will be utilized, to be removed once the facility is in operation. Other
temporary equipment (concrete washout, construction dumpster), and permanent equipment (concrete
equipment pad, inverter banks, switchgear, transformers, utility poles, gravel parking area and new gravel
access roadway) will be located on -site. The facility is unmanned and no water or sewage disposal service is
proposed. Bottled water, handwashing units and portable toilets will be provided during construction. Once in
operation, the facility will produce energy during daylight hours and will be visited on a limited basis for
routine maintenance, upgrades and inspection.
Major improvements include north -south oriented rack -mounted solar panels arrays in addition to pads that
support electrical equipment. Approximately 13,600 solar modules will be installed. The solar modules track
the movement of the sun. The maximum height of the solar panels is approximately fourteen (14) feet above
the ground. Power will be conveyed to several on -site utility poles and then will be routed underground for
connection to the existing Xcel Energy distribution line, on the east side of County Road 37. The site will be
accessed east, from County Road 37. No access will be from State Highway 392. A supervisory control and
data acquisition (SCADA) system will remotely monitor and control the SEF. Once is operation, grounds will
be treated, mowed and maintained as needed.
The facility will be secured with an eight -foot (8') tall fence with wildlife -friendly galvanized metal mesh and
timber posts including a matching gate. Two (2) light -poles are proposed near the inverter banks that may be
manually turned -on during emergency maintenance activities. Minimal lighting will be required during
construction activities. Requisite emergency and site identification signage will be installed. Areas where
vegetation has been temporarily removed, altered, or eliminated, will be reseeded with a native grass seed.
When the facility is decommissioned, panels, racks and equipment will be removed, and the land will be
reclaimed to the pre -development condition. The nature and location of this facility will not unreasonably
interfere with any irrigation systems on or adjacent to the SEF. No additional landscaping or screening is
proposed.
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
USR21-0020 — Estromina CO Greeley Land, LLC
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processes and decisions based on the [Comprehensive Plan] shall be consistent and promote
financially responsible growth.
This Solar Energy Facility will provide construction jobs and energy 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 output.
This facility can complement and support the economy during times of fluctuating oil and gas
activity.
Section 22-2-60.B.3. states: "Require that energy and mineral resource development conserve
the land and minimize the impact on surrounding land and the existing surrounding land uses."
The proposed solar array area will occupy less than 50% of the existing parcel and will be sited
in the center portion of the property that is both distant from State Highway 392, being north of
the parcel and the residences located to the north and south of the parcel. Furthermore, the
layout of the SEF is designed to allowed for continued operation of on -site oil and gas surface
infrastructure.
B. Section 23-2-22O.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."
This code section supports the installation of the subject Solar Energy Facility, which is an
energy development. The facility will provide power to be utilized by residences, businesses and
farming operations in Weld County.
Section 23-3-4O.FF. — Uses by special review, of the Weld County Code includes, "Solar Energy
Facilities (SEF'S), 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-seven
(27) acres of the seventy-eight (78) acre parent parcel and qualifies as an SEF USR.
This USR facility will also include two (2) storage containers for construction and operation
usage, being Accessory Uses, permitted by Section 23-3-30.6 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.
The adjacent unincorporated lands are zoned A (Agricultural). The surrounding land uses
consist of irrigated and non -irrigated farmland, rural residences, industrial businesses and on-
going oil and gas activity. The closest residence is located approximately 200 feet northeast of
the subject parcel boundary. However, the actual distance from the solar array to the closest is
residence is approximately 775 feet southwest. The distance from the solar facility to the next
closest is residence is approximately 868 feet northeast. Three (3) of the eight (8) adjacent
USR21-0020 — Estromina CO Greeley Land, LLC
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parcels of land have residences located on them. There are several USRs within one (1) mile of
the site, including: MUSR16-0008 (mineral resource development facility, being located
northeast of and adjacent to the SEF facility), USR-995 and MUSR14-0011 (oil and gas
production facilities), USR-1492 (church), 3AMUSR-764 (agricultural service business) and
USR1 3-0050 (tank, pump, hose, pipe, and truck staging/storage yard and maintenance facility).
Weld County Department of Planning Services staff sent notice to twelve (12) surrounding
property owners within 500 feet of the proposed USR boundary. No written correspondence or
telephone calls were received.
Due to the rural surrounding land uses and significant distance from the facility to other improved
land uses, this low -impact and low -traffic facility appears to be compatible with the area. In
particular, the improved area is at least five hundred (500) feet from existing residential buildings
and residential lots of a platted subdivision or planned unit development. Of those existing
residences beyond five hundred (500) feet of the improved area, such residential properties are
well screened by landscaping and varied topography.
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.
This site is not located within a Coordinated Planning Agreement (CPA) boundary.
The site is located within the three (3) mile municipal referral radius of the City of Greeley and
Town of Eaton. The Greeley referral from the Community Development Department, dated
November 2, 2021, stated no concerns. Eaton did not return a referral response.
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 proposed facility is not located within a Special Flood Hazard Area, Greeley -Weld County
Airport Overlay District, Geologic Hazard Overlay District Historic Townsite Overlay District or
Municipal Separate Storm Sewer System (MS4) area.
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 parcel is primarily designated as "Prime Farmland if Irrigated" with low -slope (1-3%), loam
soils. A small portion of the site contains loam soils with slightly higher slopes (3-5%) located in
the northeast corner of the parcel. Another insignificant portion of the site contains flooded soils,
located in the extreme west -central portion of the parcel. The proposed use of the property for
an SEF will not remove topsoil from the property. After the life of the Solar Energy Facility, the
land may be returned to historic uses. The SEF is compatible with traditional A (Agricultural)
Zone District uses as it will not inhibit farming practices outside of the project area and a
grassland vegetative cover will be maintained under the solar panel arrays.
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.
Those agency referral responses, which contained comments, provide additional advisory
information and conditions regarding designing and operating the site to protect with the
interests of the County, public and other governmental agencies.
USR21-0020 — Estromina CO Greeley Land, LLC
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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. An updated Decommissioning and Reclamation Plan shall be submitted which addresses the
items listed in Section 23-4-1030.B.4 of the Weld County Code. (Department of Planning
Services)
B. The applicant shall address the comments of PDC Energy, as stated in the mineral notice
response dated December 16, 2021. 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 of the Colorado Parks and Wildlife regarding
construction timing in relation to the disruption of bird nests, wildlife fencing, local hunting
practices and migratory bird patterns, as stated in the referral response dated October 26, 2021.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
D. The applicant shall address the referral comments of the New Cache La Poudre Irrigating
Company (Greeley #2 Canal) regarding canal operation, preventative maintenance and site
improvement considerations, as stated in the referral response dated November 2, 2021.
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 of the Weld County Oil and
Gas Energy Department, as stated in the referral response dated November 3, 2021. Evidence
of such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
F. 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 Planning Services — Development Review)
G. 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 Planning Services —
Development Review)
H. 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 Planning Services — Development Review)
I. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR21-0020. (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)
USR21-0020 — Estromina CO Greeley Land, LLC
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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 23-3-3O.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 23-4-103O.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 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)
8) 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)
9) Show and label the Greeley #2 Canal. (Department of Planning Services)
10) Show and label the setback radiuses for existing oil and gas tank batteries, wellheads,
and encumbrances, if applicable. Setback requirements are located in Section 23-3-
7O.E. of the Weld County Code. (Department of Planning Services)
11) 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)
12) 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)
13) 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 Planning Services —
Development Review)
14) 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 Planning Services —
Development Review)
15) Show and label the approved tracking control on the site plan. (Department of Planning
Services — Development Review)
16) 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 Planning Services — Development Review)
17) 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 Planning Services —
Development Review)
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18) Show and label the drainage flow arrows. (Department of Planning Services —
Development Review)
19) Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
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 Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each
additional three (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 access and tracking control shall be constructed prior to on -site construction.
(Department of Planning Services — Development Review)
C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Planning Services — Development Review)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Estromina CO Greeley Land, LLC
USR21-0020
1. A Site -Specific Development Plan and Use by Special Review Permit, USR21-0020 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 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)
4. 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)
5. 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)
6. 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)
7. 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)
8. 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)
9. 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)
10. 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)
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11. 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 Public Works, pursuant to the provisions of
Article XIV of Chapter 8 of this Code per Section 23-4-103O.C.8 of the Weld County Code, as
amended. (Department of Planning Services)
12. 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 23-4-1 030.C.9 of
the Weld County Code, as amended. (Department of Planning Services)
13. The site shall adhere to the accepted Decommissioning and Reclamation Plan. Per Section 23-4-
1O30.B.4.h of the Weld County Code, as amended, 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)
14. The site shall be maintained in accordance with the accepted Property Maintenance Plan.
(Department of Planning Services)
15. The site shall be maintained in accordance with the accepted Lighting Plan. (Department of Planning
Services)
16. 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)
17. 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)
18. 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)
19. 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)
20. 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)
21. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility. (Department of Public Health and Environment)
22. 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)
23. 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 Planning Services
— Development Review)
24. 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 Planning Services — Development Review)
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25. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Planning Services — Development Review)
26. 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 Planning
Services — Development Review)
27. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Construction). (Department of Planning Services — Development Review)
28. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Department of Planning Services — Development Review)
29. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services — Development Review)
30. Building permits shall be required for any new construction or setup of a manufactured structure
(buildings and/or structures) per Section 29-3-10 of the Weld County Code. A building permit
application must be completed and submitted. Buildings and structures shall conform to the
requirements of Chapter 29 of the Weld County Code, and the adopted codes at the time of permit
application. Currently, the following have been adopted by Weld County: 2018 International Building
Codes, 2018 International Energy Code, 2020 National Electrical Code. (Department of Building
Inspection)
31. 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)
32. 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.
33. 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.
34. 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.
35. 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."
36. 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."
USR21-0020 — Estromina CO Greeley Land, LLC
Page 10 of 12
37. 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."
38. 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.
39. 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
USR21-0020 — Estromina CO Greeley Land, LLC
Page 11 of 12
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 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.
USR21-0020 — Estromina CO Greeley Land, LLC
Page 12 of 12
December 9, 2021
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
HAAS CHRIS
3473 S. BROADWAY
ENGLEWOOD, CO 80113
Subject: USR21-0020 - 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 RECX18-0151, BEING PART NW4 SECTION 19, T6N, R65W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on January 4, 2022 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on January 26, 2022
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
Respctfu I ly,
Michael Hall
Planner
Michael Hall
From: Dale Trowbridge <DTrowbridge@newcache.com>
Sent: Friday, January 14, 2022 9:52 AM
To: Michael Redding
Cc: Chris Haas; Michael Hall
Subject: RE: USR21-0020 Solar Project in Greeley
Follow Up Flag: Flag for follow up
Flag Status: Completed
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.
Michael,
Yes, New Cache has no concerns about the project. It is our understanding that the fence will not be in our easement.
I can meet onsite on Jan. 16th at 1:30. Please confirm that time.
Dale
From: Michael Redding <mr@ecasolar.com>
Sent: Thursday, January 13, 2022 12:39 PM
To: Dale Trowbridge <DTrowbridge@newcache.com>
Cc: Chris Haas <chaas@liveyourcore.com>; Michael Hall <mhall@weldgov.com>
Subject: USR21-0020 Solar Project in Greeley
Hey Dale
Hope all is well with you. I'm following up from our phone call to document for the County that you and I spoke and that
the New Cache La Poudre Irrigating Company has no concerns with our project. You and I spoke about how our fence is
away from the perimeter access road that you use for maintenance of the canal. Can you please respond to this email
confirming this understanding.
Also I'd like to set up a time to meet with you at the site. Hoping we could line something up for the 26th say around
1:30/2pm?
Sincerely,
eca solar
Michael Redding, P.E.
Director of Civil Engineering
603-494-6801 i www.ecasolar.com I mr@ecasolar.com
1
Michael Hall
From:
Michael Redding <mr@ecasolar.com>
Sent:
Thursday, January 13, 2022 12:55 PM
To:
Davis - DNR, Jackson
Cc:
Chris Haas; Michael Hall
Subject:
USR21-0020 Solar Project in Greeley
Follow Up Flag: Flag for follow up
Flag Status: Completed
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.
Hey Jackson
Hope things are good with you. I'm writing as requested by Weld County to confirm the conversation we had back in
December regarding my solar project in Greeley. I felt we had a really good conversation. I put together some of the
key discussion points in an effort to capture these for the county for their records. Please look these over and
respond back if this all looks good to you.
There are two raptor nests within 1/3 mile of the project area. To protect these nests and to avoid a take we discussed
performing the following activities:
1. Pre -construction survey two weeks prior to construction to confirm presence/absence of raptor activity and nesting.
2. Avoid or limit construction activities within the 1/3 mile raptor nest buffer between Feb 15 and July 15, especially
activities that create loud or high pitch noise. We discussed how the use of the pneumatic post driver would create a
noise that could impact the nest.
3. If construction must take place during raptor nesting season then USFWS should be contacted and a Take Permit filed,
if necessary.
4. If the raptor is actively nesting then no vehicles should be parked near the nest.
We also discussed the goose hunting season. You mentioned that we should limit construction activities that would
disturb bird migration during goose hunting season (Nov -Feb) such as the use of crones or loud, high pitch noises. We
discussed how some construction activities like placing panels on racking and wiring would not necessarily impact the
hunting activities.
You talked about how fencing can create collisions for deer and raptors. You suggested we add ribbon or flags to the top
of the fence at some reasonable spacing to create some visible indicator.
Finally, you asked if we could provide an annual summary of any animals that are trapped or found inside the fencing.
ECA CO Greeley LLC and Estromina CO Greeley Land LLC are willing to comply with your requests.
Sincerely,
(.. eca solar
Michael Redding, P.E.
Director of Civil Engineering
603-494-6801 1 www.ecasolar.com I mr(a.ecasolar.com
Michael Hall
From: Michael Redding <mr@ecasolar.com>
Sent: Thursday, January 13, 2022 3:36 PM
To: Michael Hall; Chris Haas
Subject: Fwd: Re: Re: Re: Re: Re: Re: ECA Solar CR 37 Greeley CO
Follow Up Flag: Flag for follow up
Flag Status: Completed
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 Michael
Below please see our correspondence with Noble (aka Chevron) regarding the referral comments from Weld County
O&G. I believe this resolves their comment.
Thanks
Mike@ECASolar
---------- Forwarded message
From: Michael Redding <mr@ecasolar.com>
Date: Wed, Dec 8, 2021 at 1:43 PM
Subject: Re: Re: Re: Re: Re: Re: Re: ECA Solar CR 37 Greeley CO
To: McDaniel, Kolt <holtmcdaniel@chevron.com>
Cc: Antonio, Ryan <ryan.antonio@chevron.com>, Chris Haas <chaas@liveyourcore.com>
Thanks Kolt, this is perfect. We will use the 811 process to mark those lines in the field. What is the typical depth for
those flowlines?
Thanks
Mike@ECASolar
On Wed, Dec 8, 2021 at 12:21 PM McDaniel, Kolt <koltmcdaniel@chevron.com>wrote:
Good Morning Michael,
Thanks for sending this over. It looks like all setbacks have been taken into consideration. 150ft from the wellhead and
200ft from the facility. One thing to keep in mind are the flowlines. I have provided a map of estimated locations
(green). This is not to be used as actual locations, and any locates needed will need to be obtained through the 811
processes. The main reason I wanted to highlight the flowlines is if Estromina would want the flowlines removed once
the well is P&A's. If the solar equipment is too close, the line would need to be abandoned in place (common practice).
Let me know if you have any questions or concerns.
1
Thanks,
Kolt McDaniel
Land Representative
koltmcdanieIc chevron.com
Chevron Rockies Business Unit
Noble Energy, Inc.
2115 117th Ave
2
Greeley, Colorado 80634
Mobile 970-518-6975
From: Michael Redding <mr@ecasolar.com>
Sent: Wednesday, December 8, 2021 6:42 AM
To: McDaniel, Kolt <koltmcdaniel@chevron.com>
Cc: Antonio, Ryan <ryan.antonio@chevron.com>; Chris Haas <chaas@liveyourcore.com>
Subject: [**EXTERNAL**] Re: Re: Re: Re: Re: Re: [CA Solar CR 37 Greeley CO
Hey Kolt
Here is our site plan let me know what you think. Thanks for your help.
Thanks
Michael@ECASolar
On Tue, Dec 7, 2021 at 3:51 PM McDaniel, Kolt <koltmcdaniel
Hey Michael,
chevron.com> wrote:
Would you mind sending me the plan for the solar equipment. I do not think there would be any impact, but I want to
be sure. I will cross reference with our flowline map and verify.
Thanks,
Kolt McDaniel
Land Representative
koltmcdaniel(c)chevron.com
3
Chevron Rockies Business Unit
Noble Energy, Inc.
2115 117th Ave
Greeley, Colorado 80634
Mobile 970-518-6975
From: Michael Redding <mr@ecasolar.com>
Sent: Thursday, December 2, 2021 3:30 PM
To: McDaniel, Kolt <koltmcdaniel@chevron.com>
Cc: Antonio, Ryan <ryan.antonio@chevron.com>; Chris Haas <chaas@liveyourcore.com>
Subject: [**EXTERNAL**] Re: Re: Re: Re: Re: ECA Solar CR 37 Greeley CO
Hi Kolt
We are heading in front of the County Board in Jan, so you should be getting a mineral rights notice shortly. Wanted
to follow up with you regarding the attached letter we got from Weld County O&G. They asked us to follow up with
Noble regarding a nearby abandoned well to confirm our proposed project won't impact any abandoned equipment
or underground piping, etc. Let me Know if you need me to send you our plan again.
Thanks
Michael@ECASoiar
il
Hello