HomeMy WebLinkAbout20223463.tiffMEMORANDUM
TO: Diana Aungst, Planning Services
FROM: Melissa J King, PE, Development Review
DATE: September 7, 2022
SUBJECT: USR22-0025 Griffiths Solar No. 2
The proposal has been reviewed on behalf of the Weld County Department of Public Works and the
Department of Planning and Zoning. Staff comments made during this phase of the application process
may not be all-inclusive, as other issues may arise during the remaining application process.
COMMENTS
GENERAL PROJECT INFORMATION/LOCATION
Project description: A Site -Specific Development Plan and Use by Special Review Permit for a Solar Energy
Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District.
This project is south of and adjacent to CR 48.5, north of State Highway 60, and is west of State Highway
257.
Parcel number: 105903300002.
Access is onto CR 48.5.
ACCESS
Development Review has reviewed the application materials related to access.
The applicant has proposed access onto CR 48.5 at an access point that is approximately 3,176 feet west
of the intersection of CR 48.5 and Highway 257. The applicant shall obtain an access permit for this location
as it appears to meet the Minimum Access Spacing Criteria.
Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We
strongly encourage you to discuss your access location with Development Review prior to laying out your
site plan. All "preliminarily approved" accesses are subject to change during the access permitting process.
Per Sec. 24-8-40, when feasible, there shall be no net increase in the number of accesses to a public road.
Minimum access spacing widths are shown in Weld County Code Sec. 8-14-30. Please refer to Chapter 8
of the Weld County Code for more information regarding access.
ROADS AND RIGHTS -OF -WAY
CR 48.5 is a gravel road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate
and label on the site map or plat the future and existing right-of-way (along with the documents creating the
existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be
dedicated. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1- 90, the required
setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered
in the right-of-way. This road is maintained by Weld County.
Per, Sec. 8-13-30.B, a Weld County Right -of -Way Use Permit is required for any project that will be
occupying, constructing or excavating facilities within, and/or encroaching upon, any County rights -of -way
or easement. Right -of -Way Use Permit instructions and application can be found at
https://www.weldgov.com/departments/publicworks/permits/.
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way.
TRAFFIC
The most recent traffic counts (2020) for this portion of CR 48.5 found the annual average daily traffic is
210 vehicles per day with 17% trucks.
Traffic information submitted with the application materials indicates that construction traffic will be 10-15
vehicles per day of which 2 may be heavy vehicles and that the operation traffic would be 2-4 vehicles per
year.
No additional traffic information is needed.
TRACKING CONTROL
Tracking control is required to prevent tracking from the site onto public roadways. For access to paved
roads, tracking control devices can be double cattle guards with 100 ft. of asphalt or 300 ft of asphalt. For
access to gravel roads, tracking control devices must be either double cattle guards with 100 ft. of road
base, or road base on all driving surfaces. Temporary Tracking Control shall be used during construction
unless permanent tracking control is installed ahead of construction activities. Recycled concrete is not
allowed in County right-of-way. Tracking control for unmaintained public right-of-way is required just prior
to entering publicly maintained roadways. A variance request for alternatives to the tracking control
requirement can be submitted to Development Review for review and consideration.
This site requires approved tracking control during construction.
ROAD MAINTENANCE AGREEMENT (Construction)
Development Review is requesting a Road Maintenance Agreement for Construction including, but not
limited to, dust control and damage repair to specified haul routes.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldgov.com/Government/Departments/Planning-and-Zoning/Development-Review .
It will detail the approved haul routes and include a maintenance agreement for the haul routes.
DRAINAGE REQUIREMENTS
This area IS within an Urbanizing Drainage Area: Urbanizing Drainage Areas typically require detention of
runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at
the historic runoff rate of the 1 -hour, 5 -year storm falling on the undeveloped site for URBANIZING areas.
Detention pond waived and a simple drainage narrative:
The applicant has submitted a drainage narrative stating that the site consists of A soils. Thus, the site is
exempted from stormwater detention per Sec. 23-4-1030.B. of the Code.
No additional stormwater management and detention information is needed.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
CONDITIONS OF APPROVAL
A. A Road Maintenance Agreement (Construction) is required at this location. Road maintenance
includes, but is not limited to, dust control and damage repair to specified haul routes during
construction. (Development Review)
B. The USR map shall be amended to delineate the following:
1. CR 48.5 is a gravel road and is designated on the Weld County Functional Classification Map as
an 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)
2. Show and label the existing proposed access point onto CR 48.5 and the usage 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)
3. 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. (Development Review)
4. Show and label the drainage flow arrows. (Development Review)
GRADING PERMIT
A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications
are accepted after the planning process is complete (plan recorded). An Early Release Request Form may
be entertained only after Development Review has reviewed the referral and surrounding property owner
comments. The Early Release Request may or may not be granted depending on referral comments and
surrounding property owner concerns. Contact an Engineering representative from the Development
Review for more information.
A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact:
Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575.
Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Development Review)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Development Review)
3. 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)
4. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
5. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
Weld County
Department of Public Health and Environment
Memorandum
To: Diana Aungst
From: Lauren Light, Environmental Health Services
Date: September 7, 2022
Re: USR22-0025 Applicant: Griffiths Solar #2
Environmental Health Services has reviewed this Site -Specific Development Plan and Use by
Special Review Permit for a Solar Energy Facility outside of subdivisions and historic
townsites in the A (Agricultural) Zone District.
As no employees will be located at the site, permanent water and sewer is not required.
Screened portable toilets, hand washing units and bottled water can be utilized during
construction.
There will be a maximum of 500 sheep on the site for vegetation management. Water for the
sheep will be provided by the landowner's Little Thompson Water District account and will be
transported from the landowner's residence to the site by a water trailer.
We recommend the following requirements are incorporated into the permit as development
standards:
1. During construction, all liquid and solid wastes (as defined in the Solid Wastes
Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for
final disposal in a manner that protects against surface and groundwater
contamination.
2. During construction, no permanent disposal of wastes shall be permitted at this site.
This is not meant to include those wastes specifically excluded from the definition of a
solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.
3. During construction, waste materials shall be handled, stored, and disposed in a
manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
other potential nuisance conditions. The facility shall operate in accordance with
Chapter 14, Article 1 of the Weld County Code.
4. Fugitive dust and fugitive particulate emissions shall be controlled throughout the
duration of construction of the facility.
5. During construction, adequate toilet facilities and handwashing units shall be provided.
Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand
sanitizers, be screened from public view, and removed when construction is
completed.
6. The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
PROJECT:
MEMORANDUM
TO: Diana Aungst
FROM: Diana Aungst
SUBJECT: USR22-0025, Griffiths #2
DATE: November 1, 2022
A Site Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF),
including a laydown yard to contain a temporary construction trailer and two 10'x40' storage containers,
outside of subdivisions and historic townsites in the A (Agricultural) Zone District
PARCEL: 105903300002
COMMENTS:
The Solar Energy Facility is not located in the floodplain per the application materials. However, if there is
any disturbance in the floodplain a Floodplain Development Permit is required.
DELINEATE ON THE PLAT:
1. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services - Floodplain)
PRIOR TO CONSTRUCTION:
1. If there is any disturbance/construction in the floodplain a Floodplain Development Permit is required.
(Department of Planning Services - Floodplain)
DEVELOPMENT STANDARDS:
1. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Maps #08123C -1684F and 1703F issue date March 23, 2022 (Big Thompson River
Floodplain). Any development shall comply with all applicable Weld County requirements, Colorado
Water Conservation Board requirements as described in Rules and Regulations for Regulatory
Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60,
and 65. The FEMA definition of development is any man-made change to improved or unimproved
real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials. (Department of Planning
Services - Floodplain)
2. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain boundaries
have been modified. (Department of Planning Services - Floodplain)
Diana Aungst
From: Roy Rudisill
Sent: Tuesday, August 30, 2022 8:16 AM
To: Diana Aungst
Cc: David Burns
Subject: FW: Referral Agency Email USR22-0025
Good morning Diana, after reviewing this application OEM is requesting an EAP for this location and facility. Please have
the applicant contact me if they have any questions regarding the EAP.
Thank you.
Roy Radish', Director
Office of Emergency Management
1150 O St. Greeley, Co
970-381-0417 Mobile
970-304-6540 Office
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: noreply@weldgov.com <noreply@weldgov.com>
Sent: Friday, August 26, 2022 4:22 PM
To: Roy Rudisill <rrudisill@weldgov.com>; David Burns <dburns@weldgov.com>
Subject: Referral Agency Email
The Weld County Planning Department has received a Planning Use By Special Review application, case # USR22-0025, in
which your agency may have an interest. Planning staff requests you review the application materials, and return the
Referral Form to Diana Aungst by the date specified on the Referral Form attached in the online permitting center. To
view application materials, visit https://accela-aca.co.weld.co.us/CitizenAccess/Default.aspx or navigate to weldgov.com
> departments > planning and zoning > online e -permitting. Then,
* Click on "Planning" tab on the menu bar
* Under General Search, type case# USR22-0025, into the Record Number box and search
* Click on the "Record Info" arrow drop -down menu
* Click on "Attachments" to review the application materials
If you have any questions, please contact your assigned planner: Diana Aungst at 970-400-6100
Thank you,
1
Diana Aungst
1555 N 17th Ave
Greeley, CO 80631
970-400-6100
daungst@weldgov.com
2
Submit by Email
Weld County Referral
August 26, 2022
The Weld County Department of Planning Services has received the following item for review:
Applicant: Griffiths Solar #2 Case Number: USR22-0025
Please Reply By: September 23, 2022 Planner: Diana Aungst
Project: A Site Specific Development Plan and Use by Special Review Permit for a Solar Energy
Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District.
Parcel Number: 105903300002-R8978020 Legal: PT N2S2 AND SW4SW4 SECTION 3, T4N, R67W
of the 6th P.M., Weld County, Colorado.
Location: South of and adjacent to CR 48.5 and approximately 0.25 miles west of HWY 257
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response
not received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the
Planner associated with the request. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
n We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
n We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature
7/4
Agency Weld County Oil & Gas Energy
Date 9/15/2022
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-440-6100 (970)-304-6498 fax
Weld County
Oil & Gas Energy Department
Referral Comments
Referring Agency: Weld County Department of Planning Services
Reference Number: USR22-0025
Associated Parcel: 105903300002
OGED Reviewer: Kelly Holliday
Review Date: 9/15/2022
The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to
comment on the captioned planning case. Staff has completed review of the proposal and have no
conflicts with the proposed activity. We have included additional comments below:
1. There are no active or proposed 1041 WOGLA Permits on the associated parcel. There are
several oil and gas well sites in the area surrounding the parcel, none directly on the
associated parcel.
2. The USR lands may include additional oil and gas related infrastructure, such as off -location
flowlines or pipeline which are a use by right and not regulated by Weld County. OGED
requests that the applicant reviews flowline data available from the COGCC map viewer and
utilize Colorado 811 prior to any excavation activities.
This determination is based upon the review of the application materials submitted by the applicant and
other relevant information available on the E -Permit site.
Diana Aungst
From: Zach Brammer <zach@cloudbreakenergy.com>
Sent: Saturday, November 19, 2022 2:53 PM
To: Diana Aungst
Subject: USR 022-0025 - Griffiths 2 - 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 26, 2022 and I
understand these comments.
Thanks,
Zach
Zach Brammer
Co -Founder I COO
Cloudbreak Energy Partners
CLOUDBREAK'
E O: (970) 425-3175 I C: (970) 580-5652
• zach@cloudbreakenergy.com
?� cloudbreakenergy.com
• 218 S 3rd Street, Sterling, CO 80751
1
Submit by Email
Weld County Referral
August 26, 2022
The Weld County Department of Planning Services has received the following item for review:
Applicant Griffiths Solar #2 Case Number USR22-0025
Please Reply By: September 23, 2022 Planner Diana Aungst
Project: A Site Specific Development Plan and Use by Special Review Permit for a Solar Energy
Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District.
Parcel Number 105903300002-R8978020 Legal: PT N2S2 AND SW4SW4 SECTION 3, T4N, R67W
of the 6th P.M., Weld County, Colorado.
Location: South of and adjacent to CR 48.5 and approximately 0.25 miles west of HWY 257
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response
not received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the
Planner associated with the request. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
We have reviewed the request and find that it does / does not comply with our
/Comprehensive Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached left
See attached lett
CV
Signature Date
Agency
ST GREELEY. CONSERVATION DISTRICT
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-440-6100 (970)-304-6498 fax
West Greeley Conservation District
(970) 356-8097
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Produced by the West Greeley Conservation District
Applicant:
Project:
Location:
Application Date:
Comment Date:
Comments By:
FRONT RANGE FIRE RESCUE
PO Box 130, Milliken, CO 80543
970-587-4464 / Fax: 970-587-0324
Courage * Compassion * Professionalism
Serving Johnstown, Milliken and Weld County for more than 100 years
PLAN REVIEW COMMENTS
CEBP Solar 7, LLC (Cloudbreak)
Griffiths #2 Solar Project
9216 County Road 481/2, Johnstown
08-26-2022
08-31-2022
Kurt Nakata, Fire Plans Examiner
These comments pertain to the submittal of a Site Development Plan (SDP) and Use by
Special Review (USR) for a proposed installation of a solar farm covering approximately
21.88 acres, consisting of 11,112 solar modules. The proposed development is located at
9216 County Road 481/2, Johnstown, which is within unincorporated Weld County. The
property is within the Front Range Fire Rescue (FRFR) service area. The Weld County
Board of Commissioners has granted FRFR a Consent to Enforce the 2018 International
Fire Code (IFC), which was referenced in the review of this proposal.
FIRE DISTRICT COMMENTS/CONDITIONS:
ADDRESSING:
• This second site on the property will need to have a second or different
address than the first submittal. This will clarify any emergency response to
the locations.
• The proposed new solar facility shall be provided with a County -issued street
address, which shall be clearly posted at the access road point of connection
with WCR 48 1/z so it is visible from both directions of travel. The address shall
be posted as soon as site work commences.
WATER SUPPLY: Given the nature of the proposed facility to be constructed, the fire
district may need access to reliable water supply. One fire hydrant is indicated on the
submitted plan pages. The fire hydrant is approximately 170 feet from the access road.
FACILITY SAFETY PLAN: Prior to construction, the applicant shall provide additional
details on specific measures to be employed within the site to prevent accidental fires or
spread of fires beyond site perimeter. In accordance with Chapter 3 of the 2018 IFC,
grasses and weeds within the facility shall be maintained at a height that does not
encourage the growth/spread of fire. In general, grass/weed height shall be maintained
below six inches.
FRFR Plan Review Comments: CBEP Solar 5 LLC, Cloudbreak (rev 08-30-2022)
Nakata State of Colorado Fire Inspector III/Plans Examiner cert # 22613353
Nakata ICC Certified Fire Plans Examiner # 9085945
Page 1
FRONT RANGE FIRE RESCUE
PO Box 130, Milliken, CO 80543
970-587-4464 / Fax: 970-587-0324
Courage * Compassion * Professionalism
Serving Johnstown, Milliken and Weld County for more than 100 years
ACCESS ROADWAYS: The proposed facility access road is not compliant with fire code
requirements, as detailed below.
1. The fire apparatus access road shall be engineered and maintained to support an
80,000 -pound fire apparatus in all weather conditions.
• Please provide appropriate documentation to demonstrate compliance with
access road engineering and maintenance requirements.
2. The minimum turning radius for fire apparatus access roads shall be 25 -feet
inside/50-feet outside.
• Please provide additional information to indicate that the access roadway is
navigable by fire apparatus.
3. Access Roads shall be a minimum of 20 feet in width. Please provide updated
drawings to reflect an appropriate roadway width. Sheet C-420 shows a possible
reduction of width in the roadway.
4. The facility is indicated as being fully fenced, with a gate provided off the access
roadway. The applicant shall provide approved fire district access through this gate
via either a Knox Padlock or a Knox Key Switch.
5. The Draft USR map shows access on County Road 48 1/2 with a fence and gate
securing the location. The gate shall be equipped with an approved Knox padlock or
key switch.
HAZARDOUS MATERIALS: If any use or storage of hazardous materials on site, including
the potential use of temporary fuel storage/dispensing operations during site development
activities. Any temporary above -ground storage tank of diesel fuel or unleaded gasoline
with a quantity of 250 gallons or more requires plan review and permitting from Front
Range Fire Rescue prior to placement or use of such tank.
FRFR Plan Review Comments: CBEP Solar 5 LLC, Cloudbreak (rev 08-30-2022)
Nakata State of Colorado Fire Inspector III/Plans Examiner cert # 22613353
Nakata ICC Certified Fire Plans Examiner # 9085945
Page 2
Submit by Email
Weld County Referral
August 26, 2022
The Weld County Department of Planning Services has received the following item for review:
Applicant: Griffiths Solar #2 Case Number: USR22-0025
Please Reply By: September 23, 2022 Planner: Diana Aungst
Project: A Site Specific Development Plan and Use by Special Review Permit for a Solar Energy
Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District.
Parcel Number: 105903300002-R8978020 Legal: PT N2S2 AND SW4SW4 SECTION 3, T4N, R67W
of the 6th P.M., Weld County, Colorado.
Location: South of and adjacent to CR 48.5 and approximately 0.25 miles west of HWY 257
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response
not received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the
Planner associated with the request. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter. See Attached Map and Comments Below
Clayton Orback
Signature Engineering Business Support II Date September 20, 2022
Agency Little Thompson Water District
Little Thompson Water District (LTWD) currently serves two (2) residential taps
(taps 52 and 5025) from a 6 -inch diameter waterline that we own an operate
along Weld County Road 48 1/2 (See attached map). The applicant will need to
coordinate with LTWD to minimize impacts to the existing infrastructure.
Additionally, if the water needs of the subject property are projected to change,
please have the applicant contact LTWD to work through the commitment letter
process.
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-440-6100 (970)-304-6498 fax
LTWD Infrastructure (Approximate Locations): USR22-0025
1:8,436
0 0.05 0.1 0.2 mi
I I I I i I I
i i I I I I I I
0 0.07 0.15 0.3 km
Joe Robinson, Source: Esri, Maxar, Earthstar Geographics, and the GIS User
Community
ArcGIS Web AppBuilder
Maxar I Joe Robinson
Submit by Email
Weld County Referral
August 26, 2022
The Weld County Department of Planning Services has received the following item for review:
Applicant: Griffiths Solar #2 Case Number: USR22-0025
Please Reply By: September 23, 2022 Planner: Diana Aungst
Project: A Site Specific Development Plan and Use by Special Review Permit for a Solar Energy
Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District.
Parcel Number: 105903300002-R8978020 Legal: PT N2S2 AND SW4SW4 SECTION 3, T4N, R67W
of the 6th P.M., Weld County, Colorado.
Location: South of and adjacent to CR 48.5 and approximately 0.25 miles west of HWY 257
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response
not received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the
Planner associated with the request. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
In
a
We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature Mike Grooms
Agency Colorado Parks and Wildlife
Date 9-14-2022
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-440-6100 (970)-304-6498 fax
COLORADO
Parks and Wildlife
Department of Natural Resources
Area 4
317 W Prospect Rd
Fort Collins, CO 80526
P 970.472.4300 I F 970.472.4458
September 14, 2022
Ms. Diana Aungst
Weld County Planning Department
1555 N 17th Ave.
Greeley, CO, 80631
970.400.6100
daungst@weldgov.com
RE: CBEP Solar 5, LLC Proposed Solar Project (Griffith #2), Case No. USR22-0025 located at or near
Section 3, Township 4N, Range 67W, 6th Principle Meridian, in Weld County, Parcel No.
105903300002, Lot A of Reception No. 4825199 Johnstown, CO.
Dear Ms. Aungst,
Thank you for the opportunity for Colorado Parks and Wildlife (CPW) to comment on the Griffith
#1 solar project. It is our understanding that this proposed project is approximately 32.24 acres
and would produce roughly 5 -megawatts in alternating current (MWac) of renewable energy.
The projected construction for this project is projected to begin in the fall of 2022 and should
be complete in Q4 of 2022. CPW also understands this project will consist of approximately
14,500 solar modules, a perimeter security fence with gates and approximately five utility poles
that will connect the project to an existing Xcel Energy distribution line.
The mission of CPW is to perpetuate the wildlife resources of the state, to provide a quality
state parks system, and to provide enjoyable and sustainable outdoor recreation opportunities
that educate and inspire current and future generations to serve as active stewards of
Colorado's natural resources. CPW has a statutory responsibility to manage all wildlife species
in Colorado; as such we encourage protection for Colorado's wildlife species and habitats
through responsible energy development and land use planning.
The protection of High Priority Habitats (HPH), big game winter ranges, and raptor nesting
locations are of extreme importance to CPW. CPW recommends that all proposed projects be
assessed to avoid, minimize, or mitigate impacts to sensitive wildlife habitats and species. That
includes species of concern, big game winter concentration areas, breeding and nesting habitats
for sensitive ground -nesting birds, and nests of raptors sensitive to development to prevent the
loss of habitat or fragmentation of habitat. One way CPW achieves our mission is by responding
to referral comment requests, as is the case for this Project. CPW recognizes renewable energy
development is important to meeting the State's greenhouse gas reduction goals and improves
our climate resiliency.
Heather Dugan, Acting Director, Colorado Parks and Wildlife • Dan Prenzlow, Director, Colorado Parks and Wildlife
Parks and Wildlife Commission: Carrie Besnette Hauser, Chair • Dallas May, Vice -Chair • Marie Haskett, Secretary • Taishya Adams
Karen Bailey • Betsy Blecha • Gabriel Otero • Duke Phillips, IV • Richard Reading • James Jay Tutchton • Eden Vardy
THE IMPORTANCE OF HIGH PRIORITY HABITATS
Developers and permitting agencies can help avoid, minimize, and mitigate impacts to wildlife
from their projects by working with CPW. HPHs are defined as sensitive habitats where CPW
has recent maps regarding sensitive wildlife use, plus scientifically -backed best management
practice recommendations. HPHs are a subset of CPW's Species Activity Maps that we collect
and update for a variety of species and their particular habitats; we provide these maps to the
public and regulatory agencies for the environmental assessment and land use commenting of
proposed development on a given parcel, and general scientific research.
CPW appreciates this formal consultation from the Weld County Planning Department and CBEP.
Early consultation is our preferred time to discuss any concerns or questions about the proposed
site plan. CPW also appreciates that this project is located outside of HPHs. CPW also
appreciates that the project boundary does not cross any riparian zones or drainages. Most
riparian zones and drainages are important movement corridors for big game, and protecting
these drainages will assist CPW in reaching federal (Secretarial Order 3362) and state (Executive
Order D 2019 011) goals to increase, maintain, and conserve sustainable big game populations
and their movement corridors, specifically in Weld County. Furthermore, Evidence suggest that
a majority of wildlife species use riparian drainages for a portion or all of their life cycles.
RECOMMENDATIONS
Construction Timing
• If prairie dogs are present or become present within any of the project boundaries, then
please complete a Burrowing Owl survey per CPW recommendations if initial
construction occurs from March 15 to October 31.
• If construction does not start in the fall and begins in the spring or summer, please
incorporate active raptor nest buffers and avoidance periods.
• Finally, the best way to avoid impacts on the nesting efforts of migratory birds is to
focus the construction activities outside of the breeding season (March 15th through July
31st). If construction must occur during the breeding season, surveys for active nests
should be conducted prior to groundbreaking. All migratory birds are protected under
the Migratory Bird Treaty Act and removal or disturbance of any migratory bird nest
would require consultation with CPW and the US Fish and Wildlife Service prior to
disturbance.
Fencing
The proposed project boundaries will include security fencing (e.g., wildlife exclusion fencing).
For specific fencing specifications, CPW recommends that any installed "wildlife exclusion"
fencing should be eight feet in height, have round -capped posts (e.g., so wildlife aren't
impaled), smooth top wire to the fence (e.g., no top barbed wire) (or if two top strands are
needed, ensures they are at least six inches apart). The bottom wire can be barbed but should
be four inches or less from the ground. We have attached the website for Fencing with Wildlife
in Mind for your consideration and review.
mailto: https: / /cpw.state.co.us/ Documents/ LandWater/ PrivateLand Programs/ Fenci ngWithWi l
dlifelnMind.pdf
Also, CPW requests that the solar facility be checked regularly (or structures are installed) to
allow animals to escape if a deer or other species of wildlife become trapped in the facility.
CPW also requests at least an annual summary of wildlife species that become trapped within
the security fencing and/or collide with the panels or wires and become injured or die from
such injuries.
Noxious Weeds and Native Re -seeding
Also of importance to CPW is the revegetation of disturbed soils and the control of noxious
weed species through the development of a noxious weed management plan prior to initiating
construction activities. The revegetation of disturbed areas and control of invasive weed
species are important components of the project and it is critically important that the site be
restored back to the native plant community that currently exists on site. CPW prefers that
native vegetation be retained on -site during the operational lifespan of the project, both as
potential habitat for wildlife and to ensure successful reclamation of the Project area, as
noxious weeds could spread to adjacent habitats outside the Project area.
Other Best Management Practices
• For future transmission lines to this project, CPW recommends they are installed
according to Avian Power Line Interaction Committee (APLIC) standards and outside the
raptor nesting season. Also, please install bird diverters within 1A -mile of any lake,
drainage, or riparian area, and within the raptor nesting buffer for occupied nests.
In closing, CPW requests from CBEP for us to continue to be involved with this Project as it
moves through the permitting process. CPW also continues to appreciate the collaboration with
CBEP as we jointly strive for responsible energy development white protecting sensitive species
and their habitats. This collaboration should benefit the residents, visitors, economy, wildlife
species, and habitats in and around the town of Johnstown, and within Weld County. Please
feel free to contact District Wildlife Manager Mike Grooms at 970.692.4028 or via email at
michael.grooms@state.co.us should you have questions or require additional information.
Sincerely,
Jason Surface
Area Wildlife Manager- Area 4
CPW
o Angelique Curtis (Area 4 Big Game Biologist - Larimer Et Weld Counties)
o Mike Sherman (Area 4 Non -Game Biologist - Larimer Et Weld Counties)
o Mark Leslie NE Regional Manager
o Brandon Marette NE Region Energy Liaison
Diana Aungst
From: Zach Brammer <zach@cloudbreakenergy.com>
Sent: Saturday, November 19, 2022 2:26 PM
To: Diana Aungst
Subject: USR22-0025 - Griffiths 2 - 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 #2 Solar Project (USR22-
0025).
Thanks,
Zach
Zach Brammer
Co -Founder I COO
Cloudbreak Energy Partners
CLOUDBREAK'
• O: (970) 425-3175 I C: (970) 580-5652
• zach@cloudbreakenergy.com
?� cloudbreakenergy.com
• 218 S 3rd Street, Sterling, CO 80751
1
SG
COLORADO
Division of Water Resources
Department of Natural Resources
September 1, 2022
Diana Aungst
Weld County Department of Planning Services
Transmission via email: daungst@weldgov.com
Re: Griffiths #2 Solar Project
Case No. USR22-0025
Pt. N'h S'h Section 3, T4N, R67W, 6t" P.M.
Water Division 1, Water District 4
Dear Ms. Aungst:
We have reviewed the above referenced application for a Site Specific Development Plan and
Use by Special Review Permit for a Solar Energy Facility. The submitted material does not qualify as
a "subdivision" as defined in section 30-28-101(10)(a), C.R.S. Therefore, pursuant to the State
Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office
will only perform a cursory review of the referral information and provide comments regarding the
proposed water supply. The comments will not state an opinion on the adequacy of the water supply
or the ability of the water supply plan to satisfy any County regulations or requirements, and cannot
be used to guarantee the issuance of a well permit or the physical availability of water.
The application seeks to construct a community solar garden on 32.24 acres located between
Johnstown and Milliken, Colorado. The 32.24 acres is part of a 90.42 -acre parcel that contains a
single-family residence and outbuildings. The site was previously used for crop production and will
continue to be irrigated for sheep forage. According to records available to this office, the source of
irrigation water is the Hillsborough Ditch. During construction of the solar facility, up to 50
construction workers will be on site at one time. Once construction is complete, two to four
employees may visit the site for maintenance purposes as needed, approximately twice per year. In
addition, a maximum of 500 sheep will be used at the site on a daily basis for vegetation
management, tended by a small group of shepherds.
Bottled water and portable toilets will be provided during construction. Water for the sheep
is proposed to be provided from the landowner's Little Thompson Water District account and to be
transported from the landowner's residence to the project site via a water trailer. Contingent upon
obtaining a statement of non -opposition from the Little Thompson Water District, it is anticipated
that a permit to construct a well for the watering of livestock on a farm or ranch could be issued for
the subject property to provide water for the sheep as an alternative to hauling water. A final
determination of the landowner's ability to obtain a well permit for the property will be determined
at the time a well permit application is submitted to this office.
According to the submitted Drainage Report, the existing stormwater flow characteristics are
expected to remain unchanged and increases in peak flow rates are expected to be negligible.
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1•:�c�c.:}. �'c,.r: L.:rta r::' ::�,ri ;. 1}I:•s.. ."•c1 I)r:••: i �:� I'a:i�r C.. �:�r�. �I:r':� •Orrc.t.i .17rt'c i::. •
Griffiths #2 Solar Project September 1, 2022
Case No. USR22-0025 Page 2 of 2
Therefore, no storm water detention basin is proposed as a part of this project. Grass swales will be
used to dissipate energy and attenuate the anticipated slight flow increase from gravel roads and
concrete pads.
Should you or the applicant have any questions regarding any of the above information,
please contact me at sarah.brucker@state.co.us or 303-866-3581 ext. 8249.
Sincerely,
Sarah Brucker, P.E.
Water Resources Engineer
Cc: Applicant
Property Owner
Referral file no. 30453
XcelEnergysM
PUBLIC SERVICE COMPANY
September 20, 2022
Weld County Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Attn: Diana Aungst
Re: Griffiths #2 Solar Project, Case # USR22-0025
Right of Way & Permits
1123 West 3rd Avenue
Denver, Colorado 80223
Telephone: 303.571.3306
Facsimile: 303. 571. 3284
donna.I.george@xcelenergy.com
Public Service Company of Colorado's Right of Way & Permits Referral Desk has
reviewed the documentation for Griffiths #2 Solar Project and has no apparent
conflict.
The property owner/developer/contractor must complete the application process for any
new electric service via xcelenergy.com/InstallAndConnect. It is then the responsibility
of the developer to contact the Designer assigned to the project for approval of design
details.
For additional easements that may need to be acquired by separate document for new
facilities, the Designer must contact a Right -of -Way and Permits Agent.
Donna George
Right of Way and Permits
Public Service Company of Colorado dba Xcel Energy
Office: 303-571-3306 — Email: donna.l.george@xcelenergy.com
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