HomeMy WebLinkAbout20222935.tiffUSE BY SPECIAL REVIEW PERMIT
STAFF COMMENTS
Planner: Diana Aungst
Case Number: USR22-0022
Owner: Arthur Griffiths
9216 County Road 48.5, Johnstown, CO 80534
Agent: CBEP Solar 5, LLC c/o Zach Brammer
PO Box 1225, Sterling, CO 80751
Hearing Date: October 4, 2022
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 Being part of the N2S2 and SW4SW4 of Section 3, T4N, R67W, of the 6th P.M., Weld County,
Description: Colorado
Location: North of and adjacent to State Highway 60 and approximately 0.75 miles west of State
Highway 257
Acreage: Parcel boundary: +/- 37.46 acres Parcel No. 1059-03-3-00-001
Solar array: +/- 28.5 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 Inc., referral dated August 30, 2022
➢ Colorado Parks and Wildlife, September 14, 2022
➢ Weld County Oil and Gas Energy Department, referral dated August 8, 2022
➢ Front Range Fire Rescue, referral dated August 13, 2022 and August 30, 2022
➢ Weld County Office of Emergency Management, referral dated August 19, 2022
➢ Little Thompson Water District, referral dated August 25, 2022 and August 26, 2022
➢ Weld County Department of Public Health and Environment, referral dated August 11, 2022
➢ Colorado Department of Transportation, referral dated August 30, 2022 and September 19, 2022
➢ Weld County Department of Planning Services — Development Review, referral dated August 8, 2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ City of Greeley, referral dated August 3, 2022
➢ Weld County Sheriff's Office, referral dated August 2, 2022
➢ West Greeley Conservation District, referral dated August 8, 2022
➢ Northern Colorado Water Conservancy, referral dated August 31, 2022
➢ State of Colorado, Division of Water Resources, referral dated August 12, 2022
➢ Weld County Department of Planning Services - Code Compliance, referral dated August 4, 2022
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The Department of Planning Services' staff has not received responses from the following agencies:
➢ Town of Milliken
➢ Town of Johnstown
➢ Great Western Railway
➢ Weld County School District RE -5J
➢ Big Thompson and South Platte Ditch
CASE SUMMARY:
The applicant, CBEP Solar 5, LLC., is requesting a Use by Special Review Permit for a Solar Energy Facility
(SEF), known as the Griffiths #1 Solar Project. The SEF will be a five (5) -megawatt (5 MW AC) facility that
will encompass about 28.5 acres and will consist of 14,500 solar modules mounted about five (5) feet above
the existing grade on single -axis trackers. The subject property is 37.46 acres of land that is privately owned
by Mr. Arthur Griffiths. The single -axis trackers allow the panels to track the sun from east to west over the
course of the day. The Solar Energy Facility will also include forty (40) inverters mounted on steel posts or
beams, two (2) concrete -pad mounted transformers, other ancillary equipment, an access road, and a
perimeter game fence with gates. About five (5) utility poles will be installed that will connect the Solar
Energy Facility to the existing Xcel Energy distribution line on the south side of the property.
The maximum height of the solar panels is twenty-five (25) feet as measured from the highest grade below
each solar panel to the highest extent of the solar panel rotation.
Construction activities will take place Monday through Saturday from 7:00 a.m. to 6:00 p.m. Once the
construction phase is completed the site will be visited 1-2 times per year between 7:00 a.m. and 7:00 p.m.
as needed for routine maintenance and any emergency maintenance. There will also be a team of
shepherds that will visit the property on a daily basis in the Spring, Summer, and Fall during daylight hours.
There will be a maximum of 500 sheep on the site at any one time for vegetation management. Disturbed
areas not covered with gravel as part of the Solar Energy Facility design will be reseeded with native seed
to revegetate disturbed areas and hold soil in place, minimizing fugitive dust impacts during operations.
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. A supervisory control and data acquisition (SCADA) system will remotely monitor and control the
Solar Energy Facility 24 hours per day. The SCADA system will transmit Solar Energy Facility data and
control signals over the internet.
A temporary laydown area will be located on the north side of the proposed solar array. One (1) temporary
construction trailer will be located on -site during construction as well as two (2) storage containers to store
parts, tools, and equipment. Once in operation, there will be no outdoor stockpiling, uncovered storage, or
waste areas.
There applicant has proposed two access points onto the site. A northern one from County Road 48.5 and
a southern one from State Highway 60.
There will be a seven (7) -foot tall game fence around the Solar Energy Facility. The applicant is proposing
woven mesh fabric or similar screening on the along the southern and eastern boundaries of the to provide
additional screening of the site and to mitigate potential glare. Staff is recommending that the fence either
be wood, metal, or vinyl and not include mesh fabric. The eastern, southern, and western boundaries of the
Solar Energy Facility will include pollinator habitats that will provide additional screening. This pollinator
habitat will be irrigated by a drip irrigation system that the landowner is installing on the property for the
irrigation of sheep forage and consists of native plants that will require very little maintenance.
There will be no lighting on the Solar Energy Facility after construction is completed. The need for lighting
during construction is expected to be limited because the majority of construction activities will occur during
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daylight hours. If lighting is needed during construction, lights will be positioned and/or shielded from
oncoming traffic and residences in the vicinity of the Solar Energy Facility site. Cutoff -type luminaires would
be used where practicable. According to the email received on September 15, 2022, the cutoff -type
luminaries will be powered by a Honda EU2200 generator or equivalent. The Honda EU2200 generator
produces a maximum of 57 dB per the Honda website. According to the applicant the decibels would
decrease to 50 dB from just 2.5 feet away. Section 14-9-40 of the Weld County Code states that the
residential noise levels from 9:00 p.m. to 7:00 a.m. are limited to 50 dB. Since the residences in the area
are greater than 2.5 feet from the generator no noise mitigation is proposed.
Decommissioning/reclamation will commence within twelve (12) months after power production has
permanently ceased and will be completed within twelve (12) months. Decommissioning of the Solar Energy
Facility will include removal of all above and below -ground infrastructure, including the arrays, inverter
structures, concrete foundations and pads, and electrical infrastructure. All fences, graveled areas and
access roads shall be removed unless landowner agreement to retain is presented, in writing, in which the
property owner agrees for this to remain. The property shall be restored to a condition reasonably similar
to its condition prior to development of the 5 MW AC SEF. Grading and re -vegetation will comply with all
applicable rules and regulations. Exclusions from the Decommissioning Plan include planting trees,
removing internal site roads, and re -grading to previous conditions. All non -utility owned equipment,
conduits, structures, fencing, and foundations to a depth of at least three (3) feet below grade shall be
removed. Decommissioning activities will follow the Colorado Department of Transportation best
management practices (BMPs) for erosion and sediment control and stormwater management that are
applied during Solar Energy Facility construction, or any new BMPs relevant at the time.
The land was irrigated and used for crops until 2022. In 2022, the landowner leased their water to a neighbor
and planted a sheep -friendly seed mix in order to establish the pasture ahead of the sheep grazing that is
set to begin next year. The landowner is designing and installing a new irrigation system and the irrigation
of the land is expected to resume next year. There will be a maximum of 500 sheep on the site at any one
time for vegetation management. CBEP Solar 5, LLC and the property owner are working together to install
a drip irrigation system alongside the Solar Energy Facility so that the land can continue to be irrigated
throughout the duration of the Solar Energy Facility's life. The land will retain its agricultural use through
sheep grazing. Water for the sheep will be provided by the property owner's Little Thompson Water District
account and will be transported from the landowner's residence on the property to the north to the Solar
Energy Facility via a water trailer.
The facility is unmanned and no water or sewage disposal service is proposed. Bottled water and portable
toilets will be provided during construction.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are compliant with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 [Weld County
Comprehensive Plan] and any other applicable code provisions or ordinance in effect.
Section 22-2-10.C. states: "Promoting Economic Growth and Stability. Land use policies have
a significant impact economic conditions in the County and should be structured to encourage
economic prosperity. To ensure the continued strength of Weld County's economy, land use
processes and decisions based on this plan [Comprehensive Plan] shall be consistent and
promote financially responsible growth."
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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 Solar Energy Facility can complement and support the economy during times of
fluctuating oil and gas activity.
22-2-30.C. Harmonize development with surrounding land uses.
The adjacent land will experience minimal nuisance from the SEF, which is an unmanned
energy development facility. The residences in the area are more than five hundred (500) feet
from the facility. Additionally, the applicant is proposing screening and landscaping options
along State Highway 60.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the County is
considered a valuable resource which must be protected from adverse impacts resulting from
uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as an essential feature of the
County. The A (Agricultural) Zone District is intended to provide areas for the conduct of
agricultural activities and activities related to agriculture and agricultural production, and for
areas for natural resource extraction and energy development, without the interference of
other, incompatible land uses."
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 23-3-40.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-eight
and a -half (28.5) acres 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.B of the Weld County Code.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent unincorporated lands to the north and south are zoned A (Agricultural) the lands
to the west are zoned 1-3 (Heavy Industrial). Despite the zoning the surrounding uses are
agricultural in nature except for the property east of and adjacent to the subject property which
is the Town of Johnstown's Wastewater Treatment Plant. Colorado Sweet Gold Industrial Park
with an 1-3 (Heavy Industrial) zoning is located southwest of the site. There are three (3) rural
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residences in the area with the closet one being about 1,100 feet to the north. This residence
is owned by the property owner. The two (2) other residences are no closer than 1,400 feet.
The Great Western Railroad is on the south boundary between the site and State Highway 60.
There are no residential dwellings closer than five hundred (500) feet.
There are eight (8) USRs within one (1) mile of the site. USR-823 for 230kV electric
transmission lines is west of and adjacent to the site. USR-1281 for a 150 -foot -tall
telecommunications tower, USR-1142 fora recreational facility, MUSR18-0003 fora substation
and 115 kV antennas, and USR-222 (SUP -222) for spray ponds are located south of the site.
USR-1706 for a 16 -inch natural gas pipeline, USR-52 (CUP -52) for a golf course (Mad
Russian), and USR-1277 for herbal products processing are all located north of the site.
The application materials state that there are two (2) options being considered for access to
the site the first one is access from the southern side of the parcel from State Highway 60. This
access location involves the crossing of a railroad line owned/operated by Great Western
Railroad. The applicant shall contact the Railroad to determine if a crossing agreement is
required. Additionally, accessing from State Highway 60 requires a Colorado Department of
Transportation (CDOT) access permit. An email received from CDOT on August 30, 2022
states that this USR should not use the State Highway 60 access for their traffic and that the
Access Control Plan shows this access as a field access and that is what it needs to remain -
for agricultural purposes.
The second access is from the northern side of the neighboring property from County Road
48.5. The proposed access from County Road 48.5 is located at an existing unpermitted access
point and will involve traversing the parcel due north of the subject property that is currently
under the same ownership. An easement may be required for this crossing either now or in the
future if ownership changes. The applicant will be required to obtain an access permit for the
access location on County Road 48.5.
Weld County Department of Planning Services staff sent notice to six (6) surrounding property
owners within 500 feet of the proposed USR boundary. No written correspondence or
telephone calls were received.
The proposed use is in an area that can support this development and the Development
Standards and the Conditions of Approval will assist in mitigating the impacts of the facility on
the adjacent properties and ensure compatibility with surrounding land uses and the region.
D. Section 23-2-220.A.4 -- That the uses which would be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of this Code or master plans of affected municipalities.
The site is located within the Coordinated Planning Agreement Area (CPA) for the Towns of
Johnstown and Milliken. As part of the pre -application process the municipalities were sent a
Notice of Inquiry (NOI). The Town of Johnstown submitted a Notice of Inquiry dated March 14,
2022, with a letter attached that listed four (4) Conditions of Approval including a request for
dedication of right-of-way, clear identification of the thirty (30) foot sanitary sewer easement
and coordinating with the Town and the Town's Utility Department if the applicant intends to
utilize the access point from State Highway 60.
Mr. Zach Brammer with Cloud Break Energy (the authorized agent) replied to the Town of
Johnstown's request to annex with an email dated March 29, 2022. The email states, "I [Mr.
Zach Brammer] had the chance to meet with the landowner, and he is potentially interested in
annexing the property into Johnstown, but he needs some time to think through the decision
and consider all of his options (Milliken was also interested in annexing). So the plan he and I
came up with is that we are going to continue permitting the solar projects with Weld County
while he and his family figure out the pros/cons of annexation (at some point, he will likely be
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reaching out to you to set up another meeting to discuss) and then make the final annexation
decision after our USR process with Weld is complete."
The email goes on the state. "So, for the time being, we are going to continue pursuing a USR
permit from Weld. I will be sure all of the items we discussed are included in the site plans."
The authorized agent also sent an email to the Town of Milliken with similar content dated
March 17, 2022. Planning Staff reached out to both Milliken and Johnstown and the towns
stated that they are not asking for pre -annexation agreements.
The site is located within the three (3) mile referral area of the Towns of Johnstown and Milliken
and the City of Greeley. The City of Greeley submitted referral agency comments dated, August
3, 2022, stating that they have no concerns and that the site is located outside of Greeley's
Long Range Expected Growth Area. The Towns of Johnstown and Milliken did not submit
referral agency comments.
The site is located within the future land use areas for both the Town of Johnstown and the
Town of Milliken. The 2021 Johnstown Area Comprehensive Plan identifies this site as Medium
Intensity / Density Development (MDI) and Greenway. Johnstown's Comprehensive Plan
states that the intent and desired character of the MDI will generally be characterized by a more
balanced, and wider -ranging mix of land uses - incorporating walk-up apartment buildings,
townhomes, small lot (3,500-5,000 SF) attached and detached single-family housing, in close
proximity to neighborhood -scale shopping, personal services, restaurants, small medical
facilities, and facilities such as libraries and recreational centers. MDI areas may also occur
along arterials and other major corridors and may serve as the next layer away from the High
Density/Intensity areas they may neighbor, as a transition to lower density neighborhoods.
MDI's will offer complete neighborhoods with a diversity of shops and services, including
schools and civic facilities, within walking or biking distance from residential areas; and offer
good walking connections along with larger -scale multi -modal trails.
Commercial uses may be developed as stand-alone sites or be grouped in small 10 to 20 -acre
centers or campuses. Johnstown's Downtown would be ideal for this level of development.
Reuse and redevelopment of existing structures may occur, with historic residences and
structures changing to offices, boutiques, or personal services with alley -served parking.
Commercial centers in an MDI will feature more walkability, perhaps offering covered arcades
or awnings, pedestrian -scaled signage, shade trees and nice landscaping that helps slow traffic
and break-up parking areas, and enjoyable outdoor spaces to gather. Rooftop and sidewalk
patios, along with courtyard plazas offer patrons enjoyable places to meet and eat, gather and
chat with friends.
Residential neighborhoods will provide a range of housing options and provide street and trail
connections to adjacent neighborhoods. Housing will be encouraged to provide porches that
extend closer to the sidewalks, and garages that are alley -loaded or setback to offer a safer,
slower, and more interesting streetscape. Future considerations may include accessory
dwelling or carriage house units to increase affordability and diversity. These are great
neighborhoods to encourage and accommodate a diversity of lifestyles and income ranges and
allow active-agers to remain in Johnstown once larger family homes and yards may be less
desirable
The Greenway area is primarily intended for floodplain areas, as established by the adopted
FIRM/FEMA maps and studies. These areas are natural areas for flooding - to capture and
channel stormwater in large storm events, offer high habitat and ecosystem value, and should
be avoided when considering areas for new development or redevelopment to protect life,
property, and natural assets. These areas offer opportunities for conservation of natural areas
and landscapes, as well as low impact recreational trails. Greenways may also be located
adjacent to irrigation ditches, reservoirs, wetlands, and other ecologically -significant areas.
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The greenway/floodplain areas include natural open space, trails, and river access. While
sections of this land use may be on private land, efforts should be made to increase and
maintain public access and to enhance connections for regional recreation and wildlife
movement. With a recommended use as passive recreation.
According to the Framework Plan for the Town of Milliken included, in the Town's
Comprehensive Plan dated February 2016, the site is designated in the Future Land Use
Category of `Agriculture'. The Town of Milliken's Comprehensive Plan states that Agriculture is
primarily used for farming, ranching, and other agriculturally related uses and secondarily used
for low density (rural) residential. The Agriculture Land Use Category contain areas that are
not anticipated to be developed within the 20 -year planning horizon, provide for the
continuation of agricultural uses within the context of both market demand and the desires of
individual property owners, and limits residences to those for owners/operators of the
agricultural enterprise.
The Colorado Department of Transportation requested an email from the applicant concerning
the traffic at the intersection of CR 48.5 and HWY 257. This email has been submitted to CDOT.
CDOT has stated that no access to this site should come off of State Highway 60.
E. Section 23-2-220.A.5 -- That the application complies with Articles V and XI of this Chapter if
the proposal is located within an overlay zoning district or a special flood hazard area identified
by maps officially adopted by the county.
The property is not located within any overlay district officially adopted by the County, including
A -P (Airport) Overlay District, 1-25 Overlay District, Geologic Hazard Overlay District, MS4 -
Municipal Separate Storm Sewer System area, Special Flood Hazard Area, Historic Townsites
Overlay District, or Agricultural Heritage Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -
Wide Road Impact Fee Program, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed facility is located on approximately 10 acres of soils designated as "Farmland of
Statewide Importance" with low slope (1-3%) Vona sandy loam soils and on approximately 28
acres of soils designated as "Prime Farmland if Irrigated (Soils Erodibility)" with low slope (1-
3%) Olney fine sandy loam per the USDA Natural Resources Conservation Service (NRCS)
Custom Soil Report prepared March 25, 2021. The proposed use of the property for an SEF
will not remove topsoil from the property. After the life of the SEF the land may be returned to
historic uses. The land was irrigated and used for crops until 2022. In 2022, the property owner
leased their water to a neighbor and planted a sheep -friendly seed mix in order to establish the
pasture ahead of the sheep grazing that is set to begin next year. The landowner is designing
and installing a new irrigation system and the irrigation of the land is expected to resume next
year.
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.
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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. The applicant shall address the requirements of the Town of Johnstown, as stated in the Notice
of Inquiry response letter date March 14, 2022. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services. (Department of Planning Services)
B. The applicant shall address the requirements of Front Range Fire Rescue, as stated in the
referral response dated August 13, 2022 and August 30, 2022. 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 requirements of the Colorado Parks and Wildlife, as stated in
the referral response dated September 14, 2022. 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 requirements of the Colorado Department of Transportation,
as stated in the email dated September 19, 2022. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services. (Department of Planning Services)
E. Should the applicant pursue an access point off of State Highway 60 the applicant shall:
1) Submit an approved access permit from CDOT for the access off of State Highway 60.
(Department of Planning Services)
2) Submit documentation from Great Western Railroad (GWRR) that states that GWRR has
no concerns with the applicant crossing the tracks to access the subject property.
(Department of Planning Services)
F. The applicant shall attempt to address the concerns of PDC Energy Inc., as stated in the
referral response dated August 30, 2022. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Planning Services)
G. The applicant shall acknowledge the advisory referral comments of the Weld County Oil and
Gas Energy Department, as stated in the referral response dated August 8, 2022. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
H. The applicant shall acknowledge the advisory referral comments of the Little Thompson Water
District, as stated in the referral response dated August 25, 2022 and August 26, 2022.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
I. The applicant shall submit to the Department of Planning Services an updated Landscaping
and Screening plan. (Department of Planning Services)
J. A Road Maintenance Agreement (Construction) is required at this location. Road maintenance
includes, but is not limited to, dust control and damage repair to specified haul routes during
construction. (Development Review)
K. The map shall be amended to delineate the following:
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1) All sheets of the map shall be labeled USR22-0022. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D and Section 23-4-1030 of the Weld
County Code. (Department of Planning Services)
4) Show and label the required setbacks, in accordance with Section 23-4-1030.C.3 of the
Weld County Code. (Department of Planning Services)
5) Show and label any existing and proposed solar facility installations and electrical
equipment, power lines, structures, temporary work trailers, storage containers (limited to
two (2) per Section 23-3-30.B of the Weld County Code), storage areas and miscellaneous
improvements, as applicable. Clearly indicate which items are temporary for use during
construction and which items are permanent. (Department of Planning Services)
6) Show and label the required fencing, gates and any emergency and site identification
signage, in accordance with Section 23-2-240.A.12 and Section 23-4-1030.C.6 of the Weld
County Code. Include fence and sign specification details on the map. Refer to the Weld
County Sign Code, as amended. (Department of Planning Services)
7) Show and label 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 Big Thompson and South Platte Ditch. (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 23-3-70.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 48.5 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The
applicant shall delineate and label on the site map or plat the future and existing right-of-
way (along with the documents creating the existing right-of-way) and the physical location
of the road. All setbacks shall be measured from the edge of right-of-way. This road is
maintained by Weld County. (Development Review)
14) Show the Colorado Department of Transportation (CDOT) right-of-way on the plat along
with the documents creating the right-of-way. (Development Review)
15) Show and label the existing proposed access point onto County Road 48.5 and the usage
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type (Agriculture, Residential, Commercial/Industrial, or Oil and Gas). Development
Review will review the access location as a part of the plat submittal. (Development
Review)
16) Show and label the drainage flow arrows. (Development Review)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar map and additional requirements shall be submitted within one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within
the specified timeline from the date the administrative review was signed, a $50.00 recording
continuance fee shall be added for each additional 3 -month period. (Department of Planning
Services)
4. The Use by Special Review is not perfected until the Conditions of Approval are completed and the
map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on
the property, until the Use by Special Review map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
5. Prior to Construction:
A. The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form of
security in an amount sufficient to fund the estimated decommissioning/reclamation costs
required by Section 23-4-1030.B.4 of the Weld County Code, for acceptance and approval by
the Weld County Board of County Commissioners. Once approved, the Decommissioning and
Reclamation Plan shall be updated to include the approved security information. (Department
of Planning Services)
B. The approved access and tracking control shall be constructed prior to on -site construction.
(Development Review)
C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Weld County Office
of Emergency Management and the Windsor -Severance Fire District. The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District, and the Weld County
Office of Emergency Management. Submit evidence of acceptance to the Weld County
Department of Planning Services. (Office of Emergency Management)
USR22-0022 — Griffiths
Page 10 of 15
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Arthur Griffiths
USR22-0022
1. A Site -Specific Development Plan and Use by Special Review Permit, USR22-0022, 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. The property owner or operator shall provide written evidence of an approved Emergency Action
and Safety Plan on or before March 15th of any given year signed by representatives for the Fire
District and the Weld County Office of Emergency Management to the Department of Planning
Services. (Department of Planning Services)
5. 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)
6. 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)
7. 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)
8. 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)
9. 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)
10. Fencing. The SEF shall be enclosed with a security fence as approved pursuant to the Fencing
Plan. 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)
USR22-0022 — Griffiths
Page 11 of 15
11. 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 per Section 23-4-1030.C.7 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 23-4-1030.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-
1030.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. The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
18. The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking. (Development Review)
19. Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review)
20. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
21. The historical flow patterns and runoff amounts on the site will be maintained. (Development
Review)
22. 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)
23. 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)
USR22-0022 — Griffiths
Page 12 of 15
24. 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)
25. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility. (Department of Public Health and Environment)
26. 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.
27. 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)
28. 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
Planning Services)
29. 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)
30. 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.
31. 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.
32. 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.
33. 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."
34. 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."
USR22-0022 — Griffiths
Page 13 of 15
35. 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.
36. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the incentives
which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of
city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms,
those features which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting
and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they cannot
take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right
to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and County roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than
on patrols of the County, and the distances which must be traveled may delay all emergency
responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by
volunteers who must leave their jobs and families to respond to emergencies. County gravel roads,
no matter how often they are bladed, will not provide the same kind of surface expected from a
paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be
cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not
USR22-0022 — Griffiths
Page 14 of 15
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.
USR22-0022 — Griffiths
Page 15 of 15
September 1, 2022
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
Zach Brammer
PO BOX 1255
Sterling, CO 80751
Subject: USR22-0022 - 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:
PT N2S2 AND SW4SW4 Section 3, T4, R67W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 04, 2022 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on October 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
Respectfully,
)k/k/S2k,CtifIlikea,
Diana Aungst
Planner
Diana Aungst
From: Zach Brammer <zach@cloudbreakenergy.com>
Sent: Tuesday, September 27, 2022 2:37 PM
To: Diana Aungst
Cc: Rosie Stewart
Subject: USR22-0022/Griffiths 1 - Little Thompson Water District Referral Comment Acknowledgement
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hi Diana,
I have read all of the referral comments from LTWD for USR22-0022 and I understand their comments.
Thanks,
Zach
Zach Brammer
Co -Founder I COO
Cloudbreak Energy Partners
CLOUDBREAK'"
i O: (970) 425-3175 I C: (970) 580-5652
W zach@cloudbreakenergy.com
fl cloudbreakenergy.com
218 S 3rd Street, Sterling, CO 80751
1
Diana Aungst
From: Zach Brammer <zach@cloudbreakenergy.com>
Sent: Tuesday, September 27, 2022 1:45 PM
To: Diana Aungst
Cc: Rosie Stewart
Subject: USR22-0022/Griffiths - CPW Referral Comments
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hi Diana,
We have reviewed the referral comments in the letter from CPW dated September 14, 2022. We understand their
recommendations and will incorporate their recommendations, as applicable, to the Griffiths #1 Solar Project (USR22-
0022).
Thanks,
Zach
Zach Brammer
Co -Founder I COO
Cloudbreak Energy Partners
CLOUDBREAK'
• O: (970) 425-3175 I C: (970) 580-5652
• zach@cloudbreakenergy.com
fl cloudbreakenergy.com
• 218 S 3rd Street, Sterling, CO 80751
1
Diana Aungst
From: Zach Brammer <zach@cloudbreakenergy.com>
Sent: Tuesday, September 27, 2022 1:20 PM
To: Diana Aungst
Cc: Rosie Stewart
Subject: USR22-0002/Griffiths - Removal of Proposed Highway 60 Access
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hi Diana,
Based on CDOT's comments, we will no longer be pursuing an access on Highway 60 as part of USR22-0002. We will only
be using an access from County Road 48.5.
Thanks,
Zach
Zach Brammer
Co -Founder I COO
Cloudbreak Energy Partners
CLOUDBREAK'"
L O: (970) 425-3175 I C: (970) 580-5652
O zach@cloudbreakenergy.com
fl cloudbreakenergy.com
• 218 S 3rd Street, Sterling, CO 80751
1
Diana Aungst
From: Zach Brammer <zach@cloudbreakenergy.com>
Sent: Tuesday, September 27, 2022 1:53 PM
To: Diana Aungst
Cc: Rosie Stewart
Subject: USR22-0022/Griffiths 1 - OGED Referral Comment Acknowledgement
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hi Diana,
I have read the referral comments from the Weld County Oil & Gas Energy Department dated August 8, 2022 and I
understand these comments.
Thanks,
Zach
Zach Brammer
Co -Founder I COO
Cloudbreak Energy Partners
CLOUDBREAK'"
L O: (970) 425-3175 I C: (970) 580-5652
O zach@cloudbreakenergy.com
fl cloudbreakenergy.com
• 218 S 3rd Street, Sterling, CO 80751
1
Diana Aungst
From:
Sent:
To:
Cc:
Subject:
Attachments:
Zach Brammer <zach@cloudbreakenergy.com>
Tuesday, September 13, 2022 3:16 PM
Diana Aungst
Rosie Stewart; Alec Shobe
Re: USR22-0022 solar - number of modules and lighting
Screen Shot 2022-09-13 at 3.05.43 PM.png; Weld County Noise Ordinance.pdf
Caution° This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hi Diana,
Apologies for my delayed response on these items. It took me a while to track down the correct generators that we will
be using on the property during construction. My answers are listed below:
1. What is the power source for these lights? If it is a generator how will the noise be mitigated?
o Our lights will mainly be powered by electric batteries that will not generate noise. In the rare cases that
we are doing work that requires more lighting we will power the lighting using a Honda EU2200
generator or an equivalent generator. The Honda EU2200 generator produces a maximum of 57 dB of
noise, as demonstrated in the attached screenshot from Honda's website. 57 dB of noise is less than the
nighttime limit within construction areas according to section Sec. 14-9-40 of the Weld County Code.
From just 2.5 feet away, the generator would only be producing 50 dB of noise, which is equivalent to
the Code's limit for residential properties. Our project is more than 2.5 feet away from any residences.
Based on the limited noise generated by these generators, no noise mitigation will be necessary.
2. How many solar modules are proposed? The questionnaire states 14,500 and the USR map states 11,112.
o 14,430 solar modules are proposed, so the questionnaire stating approximately 14,500 is correct. We
are currently adjusting the USR map based on feedback from FRFR and we will be sure that the number
of modules is corrected in the next draft.
Please let me know if you have any additional questions!
Thanks,
Zach
On Thu, Sep 8, 2022 at 12:44 PM Diana Aungst <daungst@weldgov.com>wrote:
Hi Zach:
Just a couple of questions:
1. The lighting plan states that: "If lighting is needed during construction, lights will be positioned and/or
shielded from oncoming traffic and residences in the vicinity of the project site, as necessary. Cutoff -type
luminaires would be used where practicable. Individual light sources would not exceed 150,000 lumens
1
per light source (typical of a 1250W metal halide light) and would project 0.1 lumen or less at property
lines. Unnecessary lighting will not be used. Lights would not exceed 24 feet in height. Any lighting needed
for construction is not shown in the dimensioned elevation drawing of the USR Map due to its temporary
nature."
What is the power source for these lights? If it is a generator how will the noise be mitigated?
2. How many solar modules are proposed? The questionnaire states 14,500 and the USR map
states11,112. Please let me know.
H -- A
'
.) AIM+ 0ti
many iany solar modules, panels,
- arr-ays are proposed?
As discussed in the Panning Qe Project will consist ot
approximately 14,500 solar
modules.
S #1 SOLAR PR0JE
PARCEL ID# 105903300001
COUNTY OF WELD, STATE OF COLO'ADO
VICINITY M A P
Regards,
Diana Aungst
Planner
Weld County Department of Planning Services
1555 N. 17th Avenue - Greeley, Colorado 80631
D: 970-400-3524
O: 970-400-6100
MAD RUSSIAN
SUBDIVISION
CASE #:
PARCEL #: 105903300
ZONE DISTRICT: A (AC
PROPERTY ADDRESS: S
PROPERTY AREA: 37.4(
SOLAR GARDEN AREA:
LEASE AREA: 37.46 AC
SYSTEM SIZE: 5M ac
TOTAL MODULES: 11,1
INVERTER. RACK: CHIN
MOUNTING SYSTEM: A
SOILS: OLNEY FINE SA
ESTIMATED CC'NSTR.UC
DWG. NO., TITLE
C-001 TITLE SHEE
E!E
C-002 GENERAL tig
C -O03 PROPERTY 8
C-101 EXISTING C
C-102 EXISTING
C-103 PHASING PL
C-104 PHASING Pt
C-201 SITE PLAN
C-202 SITE PLAN ii
C-301 PRE DRAIN/5
C-302 POST DRAM
C-400 DETAILS
ream F F N rF rI FT2
Fax: 970-304-6498
3
daungst@ weld_gov. corm
www. weldgov. coat
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.
Zach Brammer
Co -Founder I COO
Cloudbreak Energy Partners
CLOUDBREAK7"
O: (970) 425-3175 I C: (970) 580-5652
zach@cloudbreakenergy.com
cloudbreakenergy.com
218 S 3rd Street, Sterling, CO 80751
4
9/13/22, 3:04 PM
Sec. 14-9-40. - Maximum permissible noise levels.
Weld County, CO Charter and County Code
A. Sound levels shall be measured as provided for in Section 14-9-50 below.
B. Sound levels are hereby established for each type of property during specific hours of the day.
Any sound level which exceeds the level set for a type of property at any time of day is prohibited.
Land
Use
Maximum
(dB(A))
a.m.
Noise
- 9:00
(dB(A))
9:00
a.m.
Maximum
p.m.
Noise
7:00
p.m.
- 7:00
Residential
Property
or
Commercial
Area
55 dB(A)
50 dB(A)
Industrial
Area
or
Construction
Activities
80 dB(A)
75 dB(A)
Nonspecified
Areas
55 dB(A)
50 dB(A)
C. Between the hours of 9:00 p.m. and 7:00 a.m., the noise levels set forth above may be exceeded
by up to ten (10) decibels for up to fifteen (15) minutes in a one -hour period.
D. Vehicles operating in the public right-of-way are subject to the following maximum noise levels:
Vehicle
Class
(GVWR)
Speed
m.p.h.
Maximum
Limit
or
less
Noise
35
zone
in
Speed
m.p.h.
Maximum
Limit
zone
Noise
over
in
35
(MGWR)
any
Manufacturer's
motor
combination
vehicle
over
10,000
gross
of
vehicles
vehicle
pounds
weight
(4,536
towed
by
kg),
rating
such
or
86
90
about:blank
1/2
9/13/22, 3:04 PM
Weld County, CO Charter and County Code
Any
other
motor
vehicle
or
any
combination
80
84
of
vehicles
towed
by any
motor
vehicle,
including
but
not
limited
to automobiles,
motorcycles,
vans
or
light
trucks,
with
a gross
vehicle
weight
rating
(GVWR)
less than
10,000
pounds
(4,536
kg)
E. No person shall operate, anywhere in the County, any vehicle that is not equipped with a muffler
in constant operation which is properly maintained to prevent noise in excess of that set forth in
this Section; nor shall any person operate, in unincorporated Weld County, any vehicle having a
muffler that has been equipped or modified with a cutoff, bypass or similar device or
modification.
(Weld County Code Ordinance 2008-4)
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Diana Aungst
From: Zach Brammer <zach@cloudbreakenergy.com>
Sent: Tuesday, August 16, 2022 10:04 AM
To: Diana Aungst
Subject: Re: USR22-0022 Griffiths farmland
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hi Diana,
The reasons why Mr. Griffiths wants to install the solar facility include, but are not limited to, the following:
1. Financial Sustainability - solar leases generate significantly more income than farming, which will allow the
Griffiths to keep the land for generations. By pairing sheep grazing with the solar project, the Griffiths family can
keep the land agriculturally productive and financially sustainable. Mr. Griffiths is making a change to ensure
that the property remains profitable and remains in his family for years to come.
2. Energy Security - generating enough electricity on his land to power thousands of local homes was very
interesting to Mr. Griffiths.
3. Community Benefits - Mr. Griffiths likes how Xcel's Solar*Rewards Community Program allows local residents to
potentially save money on their electricity bills without needing to install a solar project on their roof or put any
money down.
Let me know if you have any additional questions!
Thanks,
Zach
On Tue, Aug 16, 2022 at 7:09 AM Diana Aungst <daungst@weldgov.com>wrote:
Hi Zach:
I know Mr. Griffiths has historically been farming his property. Can you tell me why now he wants to install the
solar facility?
Thanks,
Diana Aungst
Planner
1
Weld County Department of Planning Services
1555 N. 17th Avenue - Greeley, Colorado 80631
D: 970-400-3524
O: 970-400-6100
Fax:970-304-6498
daungst@weldgov.com
www. weldgov. corn
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Zach Brammer
Co -Founder I COO
Cloudbreak Energy Partners
CLOUDBREAK'
• 0: (970) 425-3175 I C: (970) 580-5652
len zach@cloudbreakenergy.com
?� cloudbreakenergy.com
• 218 S 3rd Street, Sterling, CO 80751
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