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HomeMy WebLinkAbout20162979MEMORANDUM TO: Diana Aungst, Planning Services FROM: Janet Lundquist, Public Works SUBJECT: USR16-0022 WO WCR 28 LLC DATE: July 1, 2016 The Weld County Department of Public Works has reviewed this proposal. 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 facility in the 1-3 (Industrial) Zone District. This project is south of and adjacent to CR 28 and is east of CR 39. Parcel numbers 121332200031, 121332200032,121332200033, 121332200034, 121332300027, and 121332300028. Access is from CR 28. Access: An Access Permit application was submitted with the application materials. Public Works will review the application and provide an access permit and permit number if approved. Questions concerning access requirements can be directed to Public Works access permit division. For shared accesses, Public Works strongly recommends that the property owner establish an access road maintenance agreement so future owners of the properties will be aware of their requirements for shared maintenance of the access road. This is not a requirement for the recorded exemption but is recommended to avoid property owner conflicts in the future. Entrance gates (if applicable) must be set back a minimum of 100 feet from edge of shoulder to allow a truck with trailer or RV to pull completely off of the roadway and open the gate. In no case shall any vehicle(s) stopped to open a gate be allowed to create a safety issue for roadway users. When feasible, there shall be no net increase in the number of accesses to a public road. Contact Public Works to discuss your access. Roads: County Road 28 is a paved road and is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the future and existing right-of-way. All setbacks shall be measured from the edge of future right- of-way. This road is maintained by Weld County. County Road 39 is a paved road and is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the future and existing right-of-way. All setbacks shall be measured from the edge of future right- of-way. This road is maintained by Weld County. The County Road 39 Section Line is estimated to have 60 feet of unmaintained section line right-of-way per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way on the site plan. All setbacks shall be measured from the edge of right-of-way. Traffic: Latest ADT on CR 28 was taken on 10/15/13 which counted 1406 vpd with 44% trucks. A traffic narrative was submitted with the application materials and indicated that there will be approximately less than 1 daily roundtrip. The expected traffic routes are along CR 28 and distribution of traffic is estimated to be 100%. The site will have no on site employees. TRACKING CONTROL: Tracking control is required to prevent tracking from the site onto public roadways. Minimal standards are listed below. Temporary Tracking Control shall be used during construction unless permanent tracking control is installed ahead of construction activities. Less than 20 passenger vehicle round trips/day, no upfront tracking control requirements. Improvements and Road Maintenance Agreement: No improvements agreement will be required as the anticipated traffic is less than 21 round truck trips/day or 50 round passenger vehicle trips/day or if defined as a Site Plan Review (SPR). A development standard will be applied to the recorded map indicating any impacts to the road must be mitigated by the owner. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. CONDITIONS OF APPROVAL: A. The plan shall be amended to delineate the following: 1. County Road 28 is a paved road and is designated on the Weld County Road Classification Plan as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the future and existing right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Public Works) 2. County Road 39 Section Line (South of CR 28) is shown to have 60 feet of unmaintained section line right-of-way per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way on the site plan. All setbacks shall be measured from the edge of right-of- way. (Department of Public Works) 3. Show and label the approved access(es) (APXX-XXXXX), and the appropriate turning radii on the site plan. (Department of Public Works) 4. Show and label the entrance gate set back a minimum of 100ft from edge of shoulder. (Department of Public Works) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The property owner shall control noxious weeds on the site. (Department of Public Works) 2. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) MEMORANDUM TO: Diana Aungst, Planning Services DATE: July 15, 2016 FROM: Hayley Brown, E.I., Development Engineer SUBJECT: USR16-0022 Rattlesnake Solar Array The Weld County Department of Planning Services -Engineering has reviewed this proposal. 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: approximately 242 acre solar facility on 320 acres of land This project is south of and adjacent to CR28 and is east of CR39. Parcel number: 121332300028, 121332300027, 121332200033, 121332200034, 121332200032, & 121332200031 Drainage Requirements: Please contact Department of Planning Services/Engineering Development Review for questions or assistance for drainage requirements at 970-353-6100. URBANIZING VS NON -URBANIZING DRAINAGE AREA: This area IS within a Non -Urbanizing Drainage Area: Require detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped site for NON -URBANIZING areas. An acceptable drainage narrative has been submitted stating that the solar facility will meet exception 1.a.8 Development of sites where the change of use does not increase the imperviousness of the site. Grading Permit A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications are accepted after the planning process is complete (plan recorded). An Early Release Request Form may be entertained only after the applicant and Planning Department have reviewed the referral and surrounding property owner comments. The Early Release Request may or may not be granted depending on referral comments and surrounding property owner concerns. Contact a Engineering representative from the Planning Department 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, Rik Gay, 303-692- 3575. Geologic Hazard Area: This area IS NOT in a Geologic Hazard Area. Floodplain: This area IS NOT in a FEMA regulatory floodplain. CONDITIONS OF APPROVAL: A. The plan shall be amended to delineate the following: 1. The applicant shall show the drainage flow arrows. (Department of Planning Services -Engineer) 2. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Planning Services -Engineer) Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Planning Services -Engineer) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services -Engineer) WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org Memorandum To: Diana Aungst From: Lauren Light, Environmental Health Services Date: July 7, 2016 Re: USR16-0022 Silicon Ranch Corporation Environmental Health Services has reviewed this proposal for a Site Specific Development Plan and Use by Special Review Permit for a Solar Facility in the 1-3 (Industrial) Zone District. As no employees will be located at the site, permanent water and sewer is not required. Portable toilets, hand washing units and bottled water can be utilized during construction. We have no objections to the proposal; however, we do recommend that the following requirements are incorporated into the permit as development standards: 1. 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. 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. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. 4. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. 5. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. Health Administration Vital Records Tele: 970-304-6410 F:7x: 97C-304-6412 Public Health & Clinical Services Te e: 970 -3D4 -6L20 Fox: 970-304-6.4.6 Environmental Health Services Tee: 97030L-64.5 Communication, Education I Planning Tele: 970-304-6470 Fax: 970-30L-6411 Fax: 970-304-6452 Emergency Preparedness & Response Tele: 97C-30.1-6.170 :cu.- 97.0-304-6452 Public Health COLORADO Division of Water Resources Depurt ucr t v Natural Resources 1313 Sherman Street, Room 821 Denver, CO 80203 July 1, 2016 Diana Aungst Weld County Department of Planning Services Transmitted via email: daungst@co.weld.co.us Re: Rattlesnake Solar Array Site Specific Development Plan Review Case No. USR16-0022 All of the W' /2 of Section 32, T3N, R65W Water Division 1, Water District 2 Dear Ms. Aungst: This referral does not appear to 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 informal comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or physical availability of water. The application is for a Site Specific Plan and Use by Special Review Permit for a Solar Facility in the Industrial Zone District. Approximately 240 acres of the 320 acre property will be covered with solar arrays. The site will be un-manned other than quarterly inspections and routine maintenance. During construction bottled water will be provided for workers and dust control water will be hauled in by a local water service provider or will be provided by a water tap through Central Weld Water. Water for initial landscape development will be hauled in as needed from a local service provider or other means available. Once the dry - landscaping is established no additional irrigation will be required. No buildings or permanent facilities are proposed in this application. According to our records there are multiple wells located on the property: • Existing wells with permit nos. 76983-F and 78737-F were issued to WO WCR 28 LLC and may be used for many purposes', including those temporary water uses contemplated in this application, with a combined withdrawal amount of up to 79.2 acre-feet per year. 1 Uses include: irrigation, well construction, livestock and animal watering, domestic, manufacturing, mining, dust suppression, oil and gas production, industrial, commercial, mechanical, fire protection, recreation, piscatorial, wildlife preservation, aesthetic, exchange, augmentation, substitution, and replacement. 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3585 www.water.state.co.us Case No. USR16-0022 Page 2 of 2 July 1, 2016 • Permit no. 78467-F was also issued for many purposes but is limited to 1.5 acre-feet per year. It appears that a well has not been constructed under permit no. 78467-F; the well must be constructed and a permanent pump installed prior to the permit expiration date of September 12, 2016, else the permit will no longer be valid. • Permit no. 76985-F allows for commercial and domestic purposes, not to exceed 0.5 acre-feet per year. • All of the above referenced permits may withdraw, in combination, no more than 79.2 acre-feet per year. So long as the applicant obtains water from a legally available source, such as one of the wells listed above or from a local water provider, this office has no objections to this proposal. If you, or the applicant, have any questions please contact Karlyn Armstrong at 303- 866-3581 x8275. Sincerely, 7 Jean Williams, P.E. Water Resource Engineer cc: Permit files 76983-F, 76985-F, 78467-F, 78737-F kr, Kerr/l/tCee August 15, 2016 VIA E-MAIL Weld County Department of Planning Services Diana Aungst - Planner 1555 N. 17th Ave. Greeley, CO 80631 daungst(a,wcldgov.com NOTICE OF OIL AND GAS LEASEHOLD INTERESTS OWNED BY KERR-McGEE OIL & GAS ONSHORE LP AND OBJECTION Re: USR16-0022 Silicon Ranch Corporation — "Applicant" Township 3 North, Range 65 West, 6th P.M. Section 32: Part of the W/2 ("Application Property") Weld County, Colorado Ms. Aungst: This letter is being sent by Anadarko Petroleum Corporation on behalf of its subsidiary Kerr-McGee Oil & Gas Onshore LP ("KMG" or the "Company") to inform you KMG is the owner of valid oil and gas leases underlying all or parts of Section 32, Township 3 North, Range 65 West ("Leased Lands"), for which Weld County Department of Planning Services ("County") is reviewing a Site Specific Development Plan and USR Permit application. KMG is submitting this comment and objection timely, in accordance with State of Colorado and the County's procedural requirements. KMG's recorded oil and gas leases are real property interests entitling it to produce oil and gas from the Leased Lands (and, as may be applicable, adjacent lands). The Company has the right to utilize the Application Property to produce from existing wells, to maintain, rework, recomplete, and fracture those existing wells to enhance production, and to drill new wells to produce oil and gas, in accordance with applicable Colorado Oil and Gas Conservation Commission regulations and Colorado Statutes. KMG's oil and gas assets have significant value, and the Company is consequently concerned about any development, surface use, plan of use, PUD, zoning or rezoning, or other action by the City that would impair or preclude its ability to develop its oil and gas interests. In order to protect their mineral interests and private property rights, KMG objects to the subject Application for failure of the Applicant to conform to multiple existing Surface Use Agreements and Right -of -Way Grants that cover several locations on the Application Property. Any future surface development plans on the Application Property should incorporate and designate lands to be set aside for mineral development and expressly provide protection for KMG's current and future wells, pipelines, gathering lines and related oil and gas facilities and equipment. KMG requests that the County make any approval of the Application conditioned upon the Applicants conformance to the referenced Surface Use Agreements and Right -of -Way Grants and withhold Final Plat Approval until such time that the Applicant and KMG have concluded their current negotiations. Please contact me at 720-929-3714 if you have any questions or comments about this matter. KMG hopes to conclude a mutually acceptable agreement with the surface owner of the property, and we look forward to working with the County to accomplish its land use planning goals. Sincerely, KERR-MCGEE OIL & GAS ONSHORE LP 9% On, b,e4,4-Le of Grant Gerrard Landman cc: Jeff Fiske, Lead Counsel Ron Olsen Travis Book Justin Shoulders Paul Ratliff All Weaver(ali.weaver@siliconranchcorp.com) Hello