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Home My WebLink AboutStaff Packet MPPA-04-23-8956 PCFile No: MPPA-04-23-8956 Planning Commission – June 28, 2023 Staff: Philip Berry, AICP 1 AES Eagle Springs Organic Solar – Large Solar Energy System Exhibits Exhibit # Exhibit Description 1 Public Notice Information Form & Proof of Notice 2 Garfield County Land Use and Development Code, as amended 3 Garfield County Comprehensive Plan of 2030 4 Application 5 Staff Report 6 Referral Comments – Kirk Oldham - CPW 7 Referral Comments – Ted White, PE – GCPH 8 Referral Comments – Chris Hale, PE – Garfield County Consulting Engineer 9 Referral Comments –Steve Anthony – Garfield County Vegetation Manager 10 Referral Comments –Sale Stephens – Garfield County Road and Bridge 11 Referral Comments –Levy Burris – Garfield County Sheriff’s Office12 12 Referral Comments – Brian Condie – Garfield County Airport Director 13 Referral Comments – Orrin Moon – Colorado River Fire Rescue 14 Staff Presentation 15 Applicant Presentation 16 17 18 19 20 21 22 23 24 25 PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action.  My application required written/mailed notice to adjacent property owners and mineral owners. ____ Mailed notice was completed on the ______ day of ______________, 20__. ____ All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder’s office at least 15 calendar days prior to sending notice. ____ All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] __________________ _______________________________________________________________________.  Please attach proof of certified, return receipt requested mailed notice.  My application required Published notice. ____ Notice was published on the ______ day of ______________, 20__.  Please attach proof of publication in the Rifle Citizen Telegram.  My application required Posting of Notice. ____ Notice was posted on the ______ day of ______________, 20__. ____ Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. Name: _____________________________________________ Signature: __________________________________________ Date: _____________________________________________ x x x x x x x x Joshua Mayer 6/1/2023 18th May 23 x 25th May 23 18th May 23 May 22,2023 Garfield County Planning Commission Attn: Phillip Berry ACIP, Planner lll 108 8th St, Ste 401 Glenwood Springs, CO 81601 Dear Mr. Berry, Pursuant to Colorado State Statute 24-65.5-103, AES Eagle Springs Organic, LLC certifies that it has sent to the mineral owners via certified mail return receipt, notice of the Application for Development of the Eagle Springs Organic Large Solar Energy System Project. A list of the names and addresses for each mineral owner is listed below. lf you have any questions regarding this matter, please contact me at (801) 682-5023 or contact Josh Mayer, Developer at (720) 514-2957. Mineral Owner lAddress lc¡tv Dever Family Minerals, LLC þuou s webster st lrn.,",on, co 80123 Richard T Dever lruortngtenn, CO lsozgslto to* 33712 Ní4P99-NET A Texas General Partnersh ip c/o M ineral Acquisition Partners, lnc. Itot ruonn Robinson, lott"nor" city, oK lsuite 1000 173102 CCW Trust lo"nu"r, co 80202lzss sortl'r Mitwaukee Barrett D Baker 17 Baker Ave, Suite 545 lo"nu"r, co 80202li Kristine M. Peterson l3i?3 33åtn wadsworth, lo"nu"r, co Bo22z The Estate of Catherine & Alfred Sweeny (both deceased) C/O Margie Sweenv and/or Kathy Collins lauu, Northwood Dr I lcastro Valley, CA ls+s+o The Estate of Catherine & Alfred Sweeny (both deceased) C/O Sheila Fossen and/or Kathv Collins l,ororhorncreek cr I [hornton, CO 80241 I The Estate of Catherine & Alfred Sweeny (both deceased) C/O Sheila Fossen and/or Kathv Collins þn.o s Newcombe way lo"nu"r, co so22z I. Gentry & Carol L Gentry lro ro* 13oo l*,0", co B16so Respectfully, {g,f¿r*tu Ty Reese Real Estate Manager 8CD09 PH Land Use Mod Parcel 217917300732 - Page 1 of 2 Ad #: Gwr0di9xQ7wemDNe0NXJ Customer: Joshua Mayer 8CD09 PH Land Use Mod Parcel 217917300732 PROOF OF PUBLICATION RIFLE CITIZEN TELEGRAM STATE OF COLORADO } SS COUNTY OF GARFIELD } I, Peter Baumann, do solemnly swear that I am Publisher of , says: The Rifle Citizen Telegram, that the same weekly newspaper printed, in whole or in part and published in the County of Garfield, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 25 May 2023 in the issue of said newspaper. Total cost for publication: $80.08 That said newspaper was regularly issued and circulated on those dates. ______________________________ Publisher Subscribed to and sworn to me this 25th day of May, 2023 ______________________________ Notary Public, Garfield County, Colorado My commission expires: February 26, 2026 Advertiser: Swift Communications 200 Lindbergh Drive Gypsum, CO 81637 970.777.3126 See Proof on Next Page 8CD09 PH Land Use Mod Parcel 217917300732 - Page 2 of 2 Exhibit 2 LAND USE AND DEVELOPMENT CODE EFFECTIVE JULY 15, 2013 Full Version of Land Use and Development Code can be found here: https://www.garfield-county.com/community-development/land-use-code/ Last Amended March 7, 2023 COMPREHENSIVE PLAN 2030 2020 UPDATE GARFIELD COUNTY Adopted: November 10, 2010 Last Amended: February 26, 2020 Full Version of the Comprehensive Plan is available here: https://www.garfield-county.com/community- development/comprehensive-plan-2030/ Exhibit 3 AES Eagle Springs Organic Solar, LLC Land Use Change - Major Impact Permit Application Garfield County - April 6, 2023 AES provides better ways to accelerate a greener, smarter future of energy. File No: MPPA-04-23-8956 Planning Commission – June 28, 2023 Staff: Philip Berry, AICP 1 AES Eagle Springs Organic Solar – Large Solar Energy System Type of Review Major Impact Review Owners Eagle Springs Organic Ken Sack Representative AES Eagle Springs Organic Solar, LLC Rob Cooper Joshua Mayer Engineer nei Electric Power Engineering INC Assessor Parcel #’s 217918100691, 217917300732, 217917200710 Practical description The site is located approximately 2.5 miles east of Rifle, Colorado and 3 miles southwest of Silt, Colorado, along County Road 346 and County Road 315 Lot sizes Total Parcel Size 257.56 acres – 95 Acres Leased Space – 53.9 Acres of Solar Site Zoning Rural Comprehensive Plan Residential Medium High, Area of Influence Silt and Rifle Staff Recommendation Approval with Conditions BACKGROUND The applicant is proposing approximately 54 acres of fenced area for a Large Solar Energy System that will be rated at 10 MW AC. The energy system will be on approximately 95 acres leased from a total of 257 acres. There is an existing Large Solar Energy system on the site that was previously permitted in 2012 by Resolution 2011-49. This application is a Substantial Modification of those approvals, which is treated as a new Major Impact Land Use Change Application under the current LUDC. SITE CONDITIONS AND LOCATION The proposed site involves three assessor’s parcels, 217918100691 which is just over 35 acres, 217917300732 which is about 230 acres, and 217917200710 which is also just over 35 acres. The application identifies 217917300732 as Parcel 1, 217917200710 as Parcel 2, and 217918100691 as Figure 1 Vicinity File No: MPPA-04-23-8956 Planning Commission – June 28, 2023 Staff: Philip Berry, AICP 2 Parcel 3. For convenience, the last 3 digits of each parcel number will be used to identify the parcels on the Vicinity map on the following page. The applications nomenclature will be used throughout the rest of this staff report. These parcels are largely agricultural in their current uses, with an existing solar facility (see Previous Approvals below) and several oil and gas pads. The parcels are located south of I-70 about 2.5 miles east of Rifle and 3 miles southwest of Silt. The Garfield County Airport is immediately west of the site. County Road 346 (Rifle – Silt Road) runs east/west along the northern edge of the parcels and intersects County Road 315 (Mamm Creek Road) northwest of parcels. CR 315 runs northwest/southeast and along the southwestern corner of Parcel 1. Directly North of this intersection is an interchange with Interstate 70. There are multiple internal access roads that serve the existing uses. The property sits over 100 feet higher than CR 346 and CR 315. The Colorado Rive is north of I-70 in this area, and no flood hazards are currently mapped on the site. Floodplain exists along Mamm Creek on the far side of CR 315 from the site. There are mapped areas of slope constraints on the northern edge of Parcels 2 and 3 and the southwestern corner of Parcel 1. These topics will be discussed in more detail in the Staff Analysis Section below. Other than these areas of steep slopes, the parcels are generally gently sloping. The area is zoned Rural and is designated Residential Medium High on the Comprehensive Plan’s Future Land Use Map. It is within the Area of Influence of both Rifle and Silt. PREVIOUS APPROVALS A Major Impact Review for a Solar Power Generating System was approved on the same site by resolution 2011-49 (reception no. 808081). The previous file was MIPA-6775 and was reviewed under Figure 2 Looking North along CR 315 from Site Entrance File No: MPPA-04-23-8956 Planning Commission – June 28, 2023 Staff: Philip Berry, AICP 3 the previous version of the Land Use and Development Code. It included approximately 77.7 acres of solar arrays, and it was approved with ten conditions that are included below. 1. That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. The operation of this facility and any future amendments shall be done in accordance with all applicable Federal, State and Local regulations governing the operation of this type of facility including but not limited to the FAA approvals and notifications. 3. The Applicant shall maintain compliance with the provisions of Section 7-819 of the Unified Land Use Resolution of 2008 as amended including but not limited to: site rehabilitation, operations, repair and maintenance hours, and lighting. 4. The Applicant shall comply with the recommendations of the County Vegetation Manager in regard to weed management including possible annual site visits to assess the site and ongoing treatment for county and state listed noxious weeds. 5. Reclamation of the site shall include reseeding with an appropriate seed mix approved by the County Vegetation Manager. Reseeding will include any areas disturbed for solar installations, utility extensions, and irrigation ditch piping. Reclamation shall be completed after construction and prior to historical periods of adequate moisture. Security in an amount to be established by the County Vegetation Manager shall be provided in a form acceptable to the Board of County Commissioners. Please quantify the area in terms of acres, to be disturbed and subsequently reseeded. The amount of the security may be adjusted based on the timing and status of reclamation for each phase. Security or bonding for reclamation may be provided on a phase by phase basis. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan. 6. Construction access shall be limited to the Mamm Creek Rd. (County Road 315) access consistent with the Applicant’s Traffic Study. During the construction phase the Applicant shall provide portable toilets, storm-water/soil erosion management as needed for any site disturbance, and shall provide for secure storage and/or daily removal of any trash or refuse from the site. 7. The solar arrays and electrical vaults shall maintain a minimum setback of 25 ft. from all property lines consistent with standard front/rear setback requirements for the Rural Zone district. 8. The Applicant shall comply with the Fugitive Dust Control Plan as submitted and shall obtain the required APEN (Air Pollutant Emission Notice) – Application for Construction Permit from the CDPHE prior to any further construction activity. 9. To protect the safe aerial operations that occur at the Garfield County Regional Airport the owners and operators of this facility shall at all times fully comply with the FAA Aeronautical Study No. 2010-ANM-2283-OE and/or future FAA aeronautical studies including, but not limited to, approved conditions for construction, repair, maintenance and/or expansion of this facility. 10. The Applicant shall comply with the requests from the Burning Mountain Fire Protection District, contained in the Fire District letter dated July 25, 2011 including addressing and emergency response training. The training shall be complete prior to operation of the Solar Power Generating System. The permit for this approval was issued on June 18, 2012, and recorded at reception no. 820265. Based on available aerial imagery, staff has estimated that approximately 5.25 acres of the original solar approvals have been installed. This area was part of the Phase I identified in the previous File No: MPPA-04-23-8956 Planning Commission – June 28, 2023 Staff: Philip Berry, AICP 4 Figure 3 Site Plan Images from Previous Staff Report File No: MPPA-04-23-8956 Planning Commission – June 28, 2023 Staff: Philip Berry, AICP 5 application and approvals. This area is indicated on the new, proposed site plan included in the application and as Figure 5. CURRENT PROPOSAL The applicant is proposing a Large Solar Energy System (Site Plan shown on the following page) with a different configuration than the previous approvals. The new proposal will be rated as 10 MW AC/20 MWh and produce approximately 31,700 MWh annually. The energy system will be tied into Holy Cross’s energy grid, and the application includes an Attestation letter indicating Holy Cross’s support. There is an existing point of interconnection (POI) though some upgrades to that system are anticipated. The proposal includes approximately 54 fenced acres on 95 leased acres. Early conversations with the Attorney’s Office and Staff determined that, under the current code, any Land Use Change Permit should involve a single parcel. Staff discussed this with the applicant who indicated that the owner would be willing to consolidate the solar facilities into a single parcel through a Boundary Line Adjustment if the application for a permit is successful. The proposed site differs from the previous approvals. While it contains approximately 20 less acres of solar facility, the new proposal extends north out of the previous approval’s Phase 1, which can be seen on its site plan on the previous page, into Parcels 2 and 3. The previous approval’s Phase 2 was discontinuous from the rest of the project and is not included in this application. The proposed development area on Parcel 1 is reduced from the previous application, though a laydown yard is included south of Parcel 1’s existing oil and gas pad. The solar arrays will run north/south through the site, and the arrays will track the sun throughout the day to optimize power production. The solar energy system will include four battery energy storage system (BESS), which contain battery systems in containers and electrical equipment onsite, to provide a more even distribution of power to consumers. Each BESS is located on a concrete pad and adjacent to 20-foot access roads. Each pad is 70x42 feet and contains 2 40x8 foot battery containers. One pad is slightly larger and contains additional equipment structures. The BESS components will be discussed in more detail under the Site Plan and Fire Protection subsections of the Staff Analysis below. Several BESS units are spread throughout the proposed site. Access would be taken from CR 315 Mamm Creek Rd. This would comply with previous conditions of approval. Figure 4 Transmission Lines on the Site File No: MPPA-04-23-8956 Planning Commission – June 28, 2023 Staff: Philip Berry, AICP 6 Figure 5 Site Plan File No: MPPA-04-23-8956 Planning Commission – June 28, 2023 Staff: Philip Berry, AICP 7 APPLICABLE REGULATIONS SECTION 4-106 AMENDMENTS TO AN APPROVED LAND USE CHANGE PERMIT Based on materials provided at the Preapplication Conference, the Director of Community Development determined that the proposed amendments to the existing permit would constitute a Substantial modification. The alteration of the site plan into Parcel 2 and the inclusion of BESS units were the primary factors in this determination. Substantial modifications require a new application for a Land Use Change Permit, in accordance with Section 4-106.B.1.b. A decision to approve, approve with conditions, or deny this application pertain only to the proposed modifications or amendments. If approved, this permit will supersede the previous approval’s site plan and conditions. SECTION 4-105 MAJOR IMPACT REVIEW The application is requesting a Large Solar Energy System within the Rural zoning district. This requires a Major Impact Review. Submittal requirements and conformance to Article 7 Standards is further reviewed under the Staff Analysis section of this staff report. ARTICLE 7 STANDARDS The application is reviewed for conformance to Article 7 Standards, Divisions 1-3, Section 7-1001, and Section 7-1101. A waiver was requested for Section 7-1001 setbacks. REFERRAL AGENCY COMMENTS The following referral agencies provided comments, which are summarized below and included as exhibits. 1) Kirk Oldham, CPW – CPW’s comments indicated that the site is located within High Priority Habitats (HPH) for elk and mule deer populations. They note that the application includes some mitigation strategies as well as an MOU with Aspen Valley Land Trust (AVLT) to provide funds to mitigate habitat loss. 2) Ted White PE – Garfield County Public Health – reviewed the application’s water/wastewater waiver requests as well as their environmental impact mitigation strategies. Had no major concerns with the application. 3) Chris Hale PE – Garfield County Consulting Engineer – requested CDPHE permit, additional information on potable water during construction, glare analysis related to airport activities, and drainage report in compliance with Section 7-204. 4) Steve Anthony – Garfield County Vegetation Manager – requested that the applicant quantify the surface disturbances that will require reseeding and provide an appropriate security ($2,500 per acre). 5) Dale Stephens – Garfield County Road and Bridge – No concerns with the application. 6) Levy Burris – Garfield County Sheriff’s Office – No issues or concerns with the application. File No: MPPA-04-23-8956 Planning Commission – June 28, 2023 Staff: Philip Berry, AICP 8 7) Kelly Cave – Garfield County Attorney’s Office – provided review of the legal aspects of the application and notice. Requested that the permit be limited to a single parcel. 8) Brian Condie – Garfield County Airport – Had no objections to the application. 9) Orrin Moon – Colorado River Fire Rescue – The Fire Marshall provided several comments related to the long-term fire safety of the site. He requested appropriate addressing and that access roads be maintained to support a Type 1 Fire Apparatus, that emergency access to the entire site be provided, that the vegetation be trimmed to a maximum of 8 inches, requested onsite training and that updated emergency contacts be provided throughout the life of the project. Additional referral agencies with that did not provide comments: CDPHE, City of Rifle, Town of Silt, Holy Cross Energy, Garfield County Oil and Gas Liaison STAFF ANALYSIS CODE ANALYSIS 1) 4-105 Major Impact Review – As discussed above, this application falls under a Major Impact Review. The applicant followed the appropriate notice procedures for this review. The following submittal requirements and standards are a part of that review. 2) Section 4-203.B General Application Materials – All required general application materials were provided. 3) Section 4-203.C Vicinity Map – A vicinity map was provided. 4) Section 4-203.D Site Plan – The Site Plan is shown above and is included in the application. The site plan demonstrates general conformance with Article 3 Zoning Requirements. A waiver from industrial setbacks was requested and will be discussed below in 7-1001. The site plan shows the proposed solar arrays, spacing between arrays, gates, access roads, limits of disturbance, BESS locations, laydown yard, and other pertinent structures. Within the fenced solar energy system area, the site plan shows clear areas between the arrays that are just over 18 wide running north south, and clear areas 17 feet wide running east west between solar array fields on Parcel 1. In addition, 20-foot perimeters are proposed within the fenced areas surrounding the solar arrays. These spaces are in addition to access roads, discussed below in Section 7-107. In addition, clear areas are included around the proposed BESS and related electric gear pads. An approximately 176,000 sq foot (4.04 acres) laydown yard is proposed to the east of parcel 1 and 2. This area would be used during construction and would be permanently reseeded as would the photovoltaic fields. 5) Section 4-203.E Grading and Drainage – The Grading and Drainage Plan is shown in Figure 4 above. Approximately 886,000 sq feet (20.34 acres) of disturbance is expected. The plan shows areas of cut and fill, estimating that approximately 708 cu yd of fill to be produced by these processes. This plan shows sediment control logs, silt fencing, File No: MPPA-04-23-8956 Planning Commission – June 28, 2023 Staff: Philip Berry, AICP 9 Figure 6 Grading and Drainage Plan File No: MPPA-04-23-8956 Planning Commission – June 28, 2023 Staff: Philip Berry, AICP 10 Figure 7 Array and Pad Details File No: MPPA-04-23-8956 Planning Commission – June 28, 2023 Staff: Philip Berry, AICP 11 and other standard erosion control methods. A new culvert is proposed connecting the eastern and western portions of the northern section of Parcel 1. It would go under the proposed 20 ft access road and sizing is included. Section 7-204 provides standards for these plans and will be discussed here. The applicant has submitted for a CDPHE permit which staff will recommend be provided as a condition of approval. The applicant states that no drainage report is necessary due to the limited size of total impervious surface regarding the size of the site. The application further represents that the reseeding efforts will also help maintain historic flows and stormwater quality. The consulting engineer notes that section 7-204 requires compliance when more than 10,000 sq ft of impervious surface are proposed. Most of the proposed impervious area are the gravel roads. Other impervious features are concrete equipment pads and solar array piles. Sheet flow from the site would eventually be collected in irrigation ditches that lead to an existing detention pound. That pound would discharge into a larger ditch, which feeds into Mamm Creek and eventually the Colorado River. The size of the site, distribution of impervious surfaces, and revegetation requirements may support a waiver request from a full drainage report. On June 19, 2023, staff received additional Stormwater Management Plans from the applicant that they and the Consulting Engineer reviewed. Calculations comparing pre and post development stormwater flows were not included. The applicant should also directly address whether on-site detention is warranted during peak flow. Staff is recommending this information be provided as a condition of approval. 6) Section 4-203.F Landscape Plan – Reseeding as part of revegetation and reclamation processes are proposed. A mixture of local grasses is proposed. This includes the solar array fields. Two weed species were identified in the project area, musk thistle and Russian knapweed. Removal and control methods are provided in the report. Vegetation Management requests that the applicant follow the included plan and provided noxious weed reports (included in the application’s vegetation management plan) annual reports by October 31. 7) Section 4-203.G Impact Analysis – 1. Adjacent Land Uses – The application notes that the existing and surrounding uses are primarily agricultural (hay fields), oil and gas pads, and a residential unit used as worker housing by the site owner. There are residential units within 1 mile of the site. Staff notes that the site is set high above the neighboring roadways, limiting visibility to the site. Staff will address the airport’s proximity and location separately. 2. Site features – The entire property has steep sides along the County Roads and gentle sloping along the top of the site. The proposed final site is approximately 54 acres, selected to meet the functional needs of a solar facility. While the total area anticipated to be impacted is 140 acres, approximately 78 acres will be disturbed by construction activity. Several ditch laterals are on the site, some of which will be used to transport stormwater. 3. Soil Characteristics – While some desktop data available to staff indicated the possible presence of expansive and/or corrosive soils. The application includes a geotechnical analysis that included onsite boring. The geotechnical analysis recommended that all piles (support File No: MPPA-04-23-8956 Planning Commission – June 28, 2023 Staff: Philip Berry, AICP 12 posts for solar panels) be engineered to deal with observed conditions, however soil characteristics are not preventative to the proposed use with appropriate engineering to offset soil conditions. 4. Geology and Hazard – Other than the steep slopes on the periphery of the project, no geologic hazards have been identified. 5. Groundwater and Aquifer Recharge Area – No major impact to the groundwater systems is anticipated by this use. No long-term water/wastewater will be provided, and the impervious surface is a small percentage of the total land area. 6. Environmental Impacts – The applicant has worked with CPW to offset impacts to fauna and flora with this development. The applicant has represented that they will remove and control weeds and then revegetate with native grasses. A partnership with the Aspen Valley Land Trust has been established, with the help of CPW, to allow offsite mitigation for impacts to fauna. With the proposed fencing, revegetation, and offsite mitigation, staff finds the proposal is offsetting the environmental impacts of the development. A Phase I Environmental Study found no evidence of historic environmental contamination. 7. Nuisance – No long-term nuisance is anticipated from the proposal. Construction nuisances, such as dust, will be controlled through best management practices. Driveways will be graveled, watering will be used to control dust, and typical hours of operation will be used during construction. The applicant’s glare analysis suggests that the site will not produce noticeable glare to the surrounding properties. The application represents that long term noise generation will be approximately 50 decibels, which is below nuisance levels. The site will operate automatically and be monitored remotely. Monthly maintenance trips are anticipated but will not generate sufficient traffic to impact roadways or neighbors. 8. Hours of Operation – Construction operations and deliveries will be scheduled from 7 am – 7 pm. Construction is anticipated to occur on weekdays, though the applicant states that weekend work may be required depending on conditions. Section 7-1001.H allow typical Monday through Saturday, 7AM-7PM operations unless modified by the Board of County Commissioners. The site will operate automatically 24/7 and be monitored remotely. Maintenance crews are anticipated as less than once a month. 8) Section 4-203.J Development Agreement – Not Applicable. 9) Section 4-203.K Improvements Agreement – The applicant is upgrading the POI. No public improvements are anticipated. 10) Section 4-203.L Traffic Study – As is demonstrated by the Road Use Plan, primary access is taken from CR 315 Mamm Creek Road. This is in keeping with previous approvals. Figure 8 Image of entryway File No: MPPA-04-23-8956 Planning Commission – June 28, 2023 Staff: Philip Berry, AICP 13 The traffic study estimates maximum traffic generation to be approximately 48 daily trips. This will be during construction and will be split between going north and south along CR 315. Delivery traffic will come from I-70 approximately 1.25 miles north of the entry way. The County Road is sufficient for the proposed traffic loads, and the project traffic will not require improvements. Final driveway permitting is the jurisdiction of Road and Bridge and the applicant states they will receive all necessary permits. Road and Bridge had no issues with the application. Staff finds that the existing County Road system will not be impacted by the proposed traffic to such an extent to require additional study. Internal roadways are described in the Road Use Plan included in the application and provided below. The primary access roads are proposed to be 20 feet wide and with the cross sections shown below under Fire Protection. These access roads go through the middle of the array fields and connect to CR 315. The primary access road is existing and will be updated as necessary. Emergency access roadways along the northern and southern edges of the solar array fields are proposed at 12 feet wide. The access roadways are further discussed in the fire protection section below. 11) Section 4-203.M Water Supply and Distribution Plan – The application has included a Waiver of Submittal Requirements. No long-term water supply and distribution is proposed as a part of this project. A will-serve letter regarding dust mitigation and other construction water needs is included in the application. Referral agencies questioned how construction workers would be provided potable water. Additional information on this point should be provided. Staff supports the waiver request. 12) Section 4-203.N Wastewater Management – A waiver request for long term wastewater management plan was included in the application. No wastewater facilities are proposed. During construction, porta-johns would be provided for Figure 9 Road Use Plan File No: MPPA-04-23-8956 Planning Commission – June 28, 2023 Staff: Philip Berry, AICP 14 construction crew. A will serve letter form Redi Services, LLC was provided. Referral agencies agreed with the waiver and staff supports it as well. Article 7 Standards 1) Section 7-101 Zone District Use Regulations – With proper approvals, the proposal is in general compliance with zone use restrictions and regulations. 2) Section 7-102 Compliance with Comprehensive Plan and IGA’s – The Comprehensive Plan supports the development of energy sources, including solar. It also recommends maintaining agricultural uses. This site was permitted for solar uses prior to the last land use update, and the proposed configuration will consume less acreage of agricultural uses. The project’s offsite wildlife mitigation projects will offset the loss of habitat. Staff recommends finding the application in general compliance with the Comprehensive Plan 2030. 3) Section 7-103 Compatibility – The site is largely buffered from surrounding uses by local topography and space. There is an existing large solar energy system on the site and several oil and gas pads. Farming operations (including greenhouses) onsite would not be disturbed, other than the hayfields being occupied. Staff believes the use is compatible with the surrounding uses. 4) Section 7-104 Source of Water –. No long-term water is proposed for the use of the site. A water hauler’s will-serve letter was provided to support construction activity. Staff finds the application in compliance with this standard. 5) Section 7 -105 Adequate Central Water Distribution and Wastewater systems – Due to the unmanned nature of the long-term use of the solar facility, no water or wastewater systems are proposed other than the hauling services during construction. The application follows this section. 6) Section 7-106 Public Utilities – A letter of attestation from Holy Cross was provided. There are existing transmission lines on site. The application represents that any necessary easements for new transmission equipment will be appropriately contained in easements. 7) Section 7-107 Access and Roadways – As was discussed in the traffic study, County Road 315 is adequate for the proposed uses. The internal roadway meets standards for adequate and safe travel. 8) Section 7-108 Land Subject to Natural Hazards – Mapping available to staff shows a mixture of possible presence of expansive or corrosive soils. The Geotechnical report addressed soil and geology concerns in detail using onsite testing, demonstrating that the site is appropriate for the proposed use. Staff recommends the applicant follow the recommendations from its geotechnical report, which mostly involve using engineering services for the final design of its solar array systems and equipment pads to offset local soils. File No: MPPA-04-23-8956 Planning Commission – June 28, 2023 Staff: Philip Berry, AICP 15 9) Section 7-109 Fire Protection – The site is located within the Colorado River Fire Protection District. The application includes providing training, maintaining adequate pathways around the solar arrays, emergency access (including Knox Box), vegetation management, and keeping its emergency protocols and contacts up to date. Current access roads are primarily 20 feet wide with driveways going into the array fields and adjacent to BESS units. One of these driveways provides a turnaround hammerhead. The application’s cross sections of its access roads show 12” of compacted subgrade and 8” of compacted aggregate base. The Fire Marshal has also requested that the property be addressed to allow for proper response during an emergency. The BESS units contain a myriad of sensors to detect fire dangers and alert the remote operators. The units also contain some level of fire suppression and are contained on concrete pads to limit the ability of any fire from igniting the surround vegetation. The report provided in the application recommended that additional mitigation measures, such as evaporative cooling, be used with the BESS units to prevent cascading fire events. Staff recommends the applicant provide additional information related to this topic. Staff also recommends that all access roads The access road needs to be maintained to support the weight of a Type 1 fire apparatus, have all weather driving surface, and access needs to be provided to all portions of the site. 10) Section 7-201 Agricultural Lands – The application is maintaining a 20-foot buffer from irrigation ditches, which are owned and operated by the property owner. The revegetation and maintenance of the site will prevent the spread of noxious weeds, protecting nearby agriculture uses. The proposed solar array would not directly impact those operations, other than by directly occupying acreage. Figure 10 Road Cross Sections File No: MPPA-04-23-8956 Planning Commission – June 28, 2023 Staff: Philip Berry, AICP 16 11) Section 7-202 Wildlife Habitat Areas – The site is located on winter habitats for both Mule Deer and Elk. The application summarizes its approach to minimizing impacts as 1) exclusion fencing 2) seasonal construction limitations 3) mitigation for functional habitat loss. The applicant worked with CPW to reach an agreement with the Aspen Valley Land Trust to donate funds to protect similar lands at a 1:1 acre ratio. The application did not identify any endangered species on the site. Several suitable habitats for different species were found, but they (burrowing owl, golden eagle, and bald eagle) were not observed on the site. Bald eagles are more likely to range to the north, closer to the Colorado River. AES is going to conduct preconstruction surveys for these and other species. This includes surveys for nesting areas. An area of showy milkweed was noted in the application as potential Monarch butterfly habitat, but that area is not on the site. CPW has provided recommended restrictions on construction timeframes. With the mitigation strategies, the application complies with this standard. 12) Section 7-203 Protection of Wetlands and Waterbodies – No wetlands or waterbodies protected by this section were identified on the site. 13) Section 7-204 Drainage and Erosion – The drainage and erosion plan was discussed above in Section 4-203.E Grading and Drainage above. 14) Section 7-205 Environmental Quality – No long-term impacts to air or water quality are expected from the facility. Long term decommissioning of solar panels and BESS units should address any hazardous materials. 15) Section 7-206 Wildfire Hazards – While the map provided in the application has the area as low to moderate Wildland Fire Susceptibility. The County’s Comprehensive Plan – Wildfire Risk Map, available online, shows the area as having a combination of moderate, high, and not rated wildfire risk. The site plan indicates that 15-foot buffers will exist around solar array fields as well as 18-foot empty spaces between the rows of solar panels. There is a series of access roads outside and through the entire site that would allow for efficient access by the fire district and may serve as fire breaks. The BESS units are also buffered by some open space, concrete pads, and gravel. Most of the equipment and structures proposed are non-flammable. The Fire Marshal has requested that vegetation be maintained to 6-8 inches maximum height to reduce fuel loads. The greatest risk of wildfire comes from grass fires impacting the BESS units, as were further discussed in the Fire Protection section above. The site plan, integrated fire suppression systems, and collaboration with the fire district bring the project into compliance with this standard. 16) Section 7-207 Natural and Geologic Hazards – The site plan avoids areas of significant slope. Soils were discussed earlier in the staff report. Staff recommends the applicant follow the recommendations found in the Geotechnical Report included in the application. File No: MPPA-04-23-8956 Planning Commission – June 28, 2023 Staff: Philip Berry, AICP 17 17) Section 7-208 Reclamation – The proposal will reseed all disturbed areas. Localized grading will occur throughout the solar array fields. No major grading is proposed outside of these sites. Garfield County Vegetation management requests estimates and revegetation bond. Staff recommends these be provided prior to permit being issued. Information related to the long-term decommissioning of the site should be provided prior to the public hearing before the BOCC or as a condition of approval prior to permitting. 18) Section 7-301 Compatible Design – The project is compatible with the surrounding land uses. 19) Section 7-302 Off Street Parking – No long-term parking is necessary, and there will be plenty of off-street parking available on the site’s internal roads and equipment access roads for the few anticipated maintenance workers. During construction, there is adequate space for parking and delivery of equipment. 20) Section 7-303 Landscape Plan – Reseeding mixture contains several species of native grasses. No other landscaping is required. 21) Section 7-304 Lighting – Task lights with equipment pads are the only proposed lighting. These lights will be downcast and not sufficiently bright to impact neighbors. The application fulfills this standard. 22) Section 7-305 Snow Storage – No snow storage is required. There would be adequate space adjacent to the solar fields for snow storage if necessary. 23) Section 7-306 Trails and Walkways – Not Applicable. Figure 11 Wildfire Risk Map File No: MPPA-04-23-8956 Planning Commission – June 28, 2023 Staff: Philip Berry, AICP 18 24) Section 7-1001 – The applicant has requested a waiver from the 100-foot setbacks. Due to the size of the parcels in question, current uses, local geography, and buffers already built into the site plan, staff supports this waiver request. 25) Section 7-1101 – The proposal complies with the standards required for solar energy systems. ADDITIONAL STAFF ANALYSIS Currently, the application involves 3 parcels. Since the previous permit was issued, staff prefers that Land Use Change Permits impact single parcels. This prevents permits from being split by one parcel being sold independent of the others. Staff recommends a condition of approval that the solar energy system be consolidated into a single parcel through a Boundary Line Adjustment process with the County Assessor’s Office. The proposed solar energy system alters the previous permits site plan and adds battery storage to the use. The application meets the LUDC’s applicable codes and standards. Staff supports the proposed system and recommends approval with conditions. Due to the proximity of the Airport, staff referred the application to the Director of those facilities. Based on the available information, no specific concerns were raised by either the director or the FAA. The FAA’s letters did not specifically address if glare had been analyzed. The glare analysis provided in the application did include a 2-mile Flight Path receptor from the far end of the runway to the project site. No glare was predicted along this area. The consulting engineer requested additional confirmation that there will be no impact on takeoff or landing for the airport. RECOMMENDED FINDINGS 1. That proper public notice was provided as required for the hearing before the Planning Commission. 2. The hearing before the Planning Commission was extensive and complete, that all pertinent facts, matters, and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the proposed Land Use Change Permit for the construction and operation of the AES Eagle Springs Organic Energy System, Large, which is a File No: MPPA-04-23-8956 Planning Commission – June 28, 2023 Staff: Philip Berry, AICP 19 substantial modification of an existing permit, is in the best interest of the health, safety, convenience, order, prosperity, and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of the Conditions of Approval and applicable Waivers, the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. RECOMMENDED CONDITIONS OF APPROVAL GENERAL 1. All representations made by the Applicant in the application for the construction and operation of a Solar Energy System, Large shall be conditions of approval, unless specifically altered by the deciding authority. 2. The construction and operation of the Solar Facility shall be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 3. This permit shall supersede the previous permit’s (Reception #820265) site plan and conditions of approval PRIOR TO PERMIT 4. Prior to the issuance of the Land Use Change Permit, the parcels shall be appropriately combined into a single parcle that contains the entirity of the Solar Energy System, Large. 5. Prior to issuance of a Land Use Change Permit, the applicant will submit all required vegetation reclamation securities and/or related documentation. 6. Prior to issuance of a Land Use Change Permit, the applicant shall provide stormwater calculations comparing current and post project storm flows and provide a response as to whether onsite detention is warranted for peak flow mitigation. 7. Prior issuance of a Land Use Change Permit, the applicant shall provide acceptable information related to the long term decommissioning and reclamation of the site. 8. Prior issuance of a Land Use Change Permit, the applicant shall provide glare analysis showing that glare will not be an issue for pilots during takeoff and landing. PRIOR TO CONSTRUCTION OR OPERATIONS 9. Prior to the operations, all easements and agreements for the site’s irrigation ditches, eletrical connections, access, and other will be recorded and provided to staff. 10. The Applicant shall provide the Sheriff’s office and Colorado River Fire Rescue District a combination lock or a Knox box to access gate for emergency access to fires. 11. The applicant will schedule sufficient training days to Colorado River Fire Rescue District. 12. A copy of all CDPHE permits shall be provided. 13. The applicant will acquire and maintain all necessary permits with the County (including driveway and grading/drainage), state, and federal government. File No: MPPA-04-23-8956 Planning Commission – June 28, 2023 Staff: Philip Berry, AICP 20 OPERATIONS CONDITIONS OF APPROVAL 14. Construction and maintenance scheduling shall be done in accordance with the application’s proposals for mitigating wildlife impacts. 15. Access roads will be maintained to support the fire district’s Type 1 fire apparatuses. 16. Onsite vegetation will be maintained in accordance with the Vegetation Management Plan, including establishment and mowing. 17. The Applicant shall ensure that the glare produced by the completed solar system does not exceed the modeling results provided in the submitted Glare Analysis. If it is exceeded then mitigation measures will be implemented to bring the produced glare into the proposed range. 18. Emergency contacts shall be updated annually. Contacts for local District Wildlife Manger should be included. Emergency contacts and response plans for the site shall be provided to Colorado River Fire Rescue District. 19. The applicant shall ensure that Colorado River Fire Rescue District has adequate access, and yearly inspections. 20. All access roads will be maintained to the Fire District’s requirements. 21. The applicant will work with Garfield County Vegetation Management on determining revegation success. 22. The applicant shall submit noxious weed treatment records by October 31st each year to Garfield County Vegetation Management. 23. The applicant will fulfill and maintain their agreement with the AVLT. Garfield County Public Health Department – working to promote health and prevent disease Public Health Garfield County Community Development 108 8th Street Glenwood Springs, CO 81601 Attn: Philip Berry, Planner RE: Eagle Springs Organic Large Solar Facility Parcel No. 217918100691, 217917300732, and 217917200710 Silt, Colorado File # MPPA‐04‐23‐8956 June 2, 2023 Philip, Garfield County Public Health (GCPH) has reviewed the Major Impact Permit Application (MIPA) for Eagle Springs Organic Large Solar Facility, and we have the following comments. 1. Hazardous Materials: A Phase I Environmental Site Assessment (ESA) was conducted in accordance with the scope and limitations of American Society for Testing and Materials (ASTM) Practice E1527‐ 13 in October 2022. The assessment revealed no evidence of recognized environmental conditions (RECs), controlled recognized environmental conditions (CRECs), or historical recognized environmental conditions (HRECs). If hazardous materials are generated as a result of the construction, operation, or decommission of this project, applicable federal, state, and local regulations pertaining to the handling and disposal of hazardous materials shall be followed. 2. Fugitive dust: The applicant has provided a “Will Serve letter” from Metcalf Excavation, LLC for Dust Control and other construction water needs for the project dated March 2, 2023. Additionally, the applicant intends to provide a Fugitive Dust Control Plan prior to the commencement of construction of the project. The applicant presented a revegetation plan that the applicant stated they intend to follow after construction. 3. Noise: The applicant presented that the installation of solar arrays creates a minimal amount of noise and vibrations. According to the applicant, the PV inverters and transformers will emit minimal noise at ~50 decibels when standing within 10 feet, which is equivalent to a conversation level within that range. During operations the facilities will be unmanned and will operate quietly and automatically with only infrequent maintenance visits. 4. Wastewater Plan: The planned solar facility will be unmanned during operation with all site monitoring during operations being managed remotely. Scheduled visits for landscaping or equipment maintenance are expected to be less than 6 times per year unless more visits are necessary to replace faulty equipment. For the construction period, AES has secured a Will Serve letter from Redi Services, LLC, for wastewater services for personnel. The applicant has requested a waiver from the wastewater plan requirement in the Land Use Development Code (LUDC). GCPH agrees with the applicant’s assessment and believes the waiver should be granted. 195 W. 14th Street Rifle, CO 81650 (970) 625‐5200 2014 Blake Avenue Glenwood Springs, CO 81601 (970) 945‐6614 Garfield County Public Health Department – working to promote health and prevent disease 5. Water Distribution Plan: The planned solar facility will be unmanned during operation with all site monitoring during operations being managed remotely. For the construction period, the applicant has provided a “Will Serve letter” from Metcalf Excavation, LLC for Dust Control and other construction water needs for the project dated March 2, 2023. If the operator decides to clean the solar arrays, de‐ionized water will be required and will be trucked in for that purpose. The applicant has requested a waiver from the water distribution plan requirement in the Land Use Development Code (LUDC). GCPH agrees with the applicant’s assessment and believes the waiver should be granted. Thank you, Edward R. “Ted” White, P.E. Environmental Health Specialist III Garfield County Public Health 2014 Blake Avenue Glenwood Springs, CO 81601 (970) 665‐6383 twhite@garfield‐county.com From:Chris@mountaincross-eng.com To:Philip Berry Subject:RE: Garfield County Referral Request - Eagle Springs Organic Large Solar Date:Tuesday, June 20, 2023 8:41:48 AM Philip: I have reviewed the additional information provided. The only comment generated is concerning the hydrologic analysis: it did not include a pre project vs. post project analysis on storm flows and did not mention whether or not detention is warranted on-site for peak flow mitigation. Call or email questions or comments. Sincerely, Mountain Cross Engineering, Inc. Chris Hale, P.E. 826 1/2 Grand Avenue Glenwood Springs, CO 81601 Ph: 970.945.5544 Fx: 970.945.5558 From: Philip Berry <pberry@garfield-county.com> Sent: Monday, June 19, 2023 1:06 PM To: Chris@mountaincross-eng.com Subject: RE: Garfield County Referral Request - Eagle Springs Organic Large Solar Sorry for the additional information, but Joshua just sent me this hydrology study mentioned in the SWMP. Thanks Philip Berry, AICP Planner Garfield County – Community Development Department 108 8th. St., Suite 401 Glenwood Springs, CO 81601 Pberry@garfield-county.com Office: 970-945-1377 (1580) Cell: 970-456-4404 From: Philip Berry Sent: Monday, June 19, 2023 9:31 AM To: Chris@mountaincross-eng.com Subject: RE: Garfield County Referral Request - Eagle Springs Organic Large Solar Hey Chris, the applicant provided the attached in response to your comments regarding their stormwater/grading/drainage plans. From:Dale Stephens To:Philip Berry Subject:RE: Garfield County Referral Request - Eagle Springs Organic Large Solar Date:Monday, May 22, 2023 4:23:02 PM Phillip, Road and Bridge has no issues. Every thing looks good. Thanks, Dale From: Philip Berry <pberry@garfield-county.com> Sent: Tuesday, May 16, 2023 3:57 PM To: Philip Berry <pberry@garfield-county.com> Subject: RE: Garfield County Referral Request - Eagle Springs Organic Large Solar My apologies, I attached the incorrect file to the previous email. This request is for the Eagle Springs Organic Large Solar Facility MPPA-04-23-8956. Sorry for the confusion. Philip Berry, AICP Planner Garfield County – Community Development Department 108 8th. St., Suite 401 Glenwood Springs, CO 81601 Pberry@garfield-county.com Office: 970-945-1377 (1580) Cell: 970-456-4404 From: Philip Berry Sent: Tuesday, May 16, 2023 3:39 PM To: Philip Berry <pberry@garfield-county.com> Subject: Garfield County Referral Request - Eagle Springs Organic Large Solar Please see the attached referral request regarding an application for a Large Solar Facility within Garfield County. While technically the application a substantial modification of an existing permit, our code treats these requests as new applications. We are requesting your responses by June 6th. We really appreciate your time and comments with these review applications. As always, if you have any questions or difficulties accessing the application, please let me know. This application is a large file that we had to break up into several smaller files. Thank you again. Philip Berry, AICP Planner Garfield County – Community Development Department 108 8th. St., Suite 401 Glenwood Springs, CO 81601 Pberry@garfield-county.com Office: 970-945-1377 (1580) Cell: 970-456-4404 From:Levy Burris To:Philip Berry Subject:RE: Garfield County Referral Request - Eagle Springs Organic Large Solar Date:Monday, May 22, 2023 2:16:05 PM Philip, the Sheriff’s Office has no issues or concerns regarding this application for Eagle Springs Solar land use change. Levy From: Philip Berry <pberry@garfield-county.com> Sent: Tuesday, May 16, 2023 3:57 PM To: Philip Berry <pberry@garfield-county.com> Subject: RE: Garfield County Referral Request - Eagle Springs Organic Large Solar My apologies, I attached the incorrect file to the previous email. This request is for the Eagle Springs Organic Large Solar Facility MPPA-04-23-8956. Sorry for the confusion. Philip Berry, AICP Planner Garfield County – Community Development Department 108 8th. St., Suite 401 Glenwood Springs, CO 81601 Pberry@garfield-county.com Office: 970-945-1377 (1580) Cell: 970-456-4404 From: Philip Berry Sent: Tuesday, May 16, 2023 3:39 PM To: Philip Berry <pberry@garfield-county.com> Subject: Garfield County Referral Request - Eagle Springs Organic Large Solar Please see the attached referral request regarding an application for a Large Solar Facility within Garfield County. While technically the application a substantial modification of an existing permit, our code treats these requests as new applications. We are requesting your responses by June 6th. We really appreciate your time and comments with these review applications. As always, if you have any questions or difficulties accessing the application, please let me know. This application is a large file that we had to break up into several smaller files. Thank you again. Philip Berry, AICP Planner Garfield County – Community Development Department 108 8th. St., Suite 401 Glenwood Springs, CO 81601 Pberry@garfield-county.com Office: 970-945-1377 (1580) Cell: 970-456-4404 Colorado River Fire Rescue Philip Berry June 16, 2023 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: AES Eagle Springs LLC Large Solar Facility Philip: This letter is to advise you that I have reviewed File Number: MPPA-04-23- 8956, AES Eagle Springs Organic LLC Large Solar Facility located off Eagle Springs Ranch Road in Rifle, CO. After the review of the document, a site visit, and confirming with the AES team, I have the following comments for the project. 1. The site plan and documents show the entrance to this facility off Eagle Springs Ranch Road, which is a cross street off Mamm Creek Road (CR 315). CRFR will require the solar field to have an address issued by the county with CRFR input and signage at each intersection along the access road, allowing CRFR to respond to an emergency quickly. An address sign shall be posted at Mamm Creek and Eagle Springs Ranch Road intersection and at Eagle Springs Ranch Road access Road entrance. 2. CRFR will conduct yearly inspections on the site due to the battery hazards. CRFR will require the access road to the solar farm to be maintained to support the weight of our Type 1 fire apparatus. Access road shall be maintained to all-weather driving surface into approved fire truck turnarounds in the solar farm. 3. CRFR will need access to the entire solar site, including the areas around the solar panels. Access gates may need to be installed to aid access to solar panel areas. 4. Fire department Knox Box or Knox Padlock shall be installed at the entrance gate for emergency access. All gates that are approved if locked shall have either a master key lock system with keys installed in a Knox Colorado River Fire Rescue Box or shall have combination locks with codes provided to the fire department for installation into a Knox Box. 5. Combustible fuels (grass and weeds) shall be kept trimmed to a maximum height of 6”-8” above the ground to decrease the threat of grass fires. 6. Property operators are required to provide updated emergency contacts and an emergency response plan to CRFR along with conducting training on emergency shutdown procedures and precautions with CRFR crews on site of the solar array. Training shall be on three different days to ensure all shift firefighters are able to attend. Thank you for allowing me to review this referral and please feel free to contact me with any questions or concerns. Thank You, Orrin D. Moon, Division Chief/Fire Marshal