Credit: Pixabay
By Paul Hughes
A 33-page “Findings and Resolution” recorded in December in Larimer County sets out 41 conditions to be met for a solar energy generation project planned for 28 acres near an entry point to Berthoud to begin.
Key to those requirements is an agreement for the Town of Berthoud to annex the land. “A signed Annexation Agreement with the Town of Berthoud is required prior to issuance of a Development Construction Permit,” states the third condition in the list.
The fourth condition says, “The applicant will work with the Town of Berthoud to satisfactorily address the need for landscaping and/or screening to create an aesthetically welcome entrance to Berthoud … ”
The land is west of U.S. Highway 287, south of Midway Acres, and northeast of Berthoud. It’s owned by Mary Schwarz of Loveland, county records show.
Its location and the conditions mean Berthoud is key to the project’s advance.
Minneapolis-based United States Solar Corp. wants to build a solar farm to produce up to 2,000 megawatts of power. US Solar’s plans received 1041 permit approvals in October by the county’s Planning Commission, and in November by the Board of County Commissioners.
A 1041 permit is required for developments with statewide impact. US Solar won’t get development construction permission until it fulfills the 41 terms, which touch flora, fauna and water; dust, noise and emissions; utilities and roads, including traffic flow; construction concerns; and financial security; in addition to the Berthoud elements.
Technical review and Berthoud’s role
Berthoud Planning Manager Tawn Hillenbrand emphasized the difference between annexation and an agreement.
“The town is not requiring, nor is the county requiring, the property to be annexed to the town at this time,” she emailed. An annexation agreement between Larimer County and Berthoud is required before permitting, but not the annexation itself.
Agreements are required for developments in Larimer within Berthoud’s Growth Management Area. By them, property owners agree to have the property annexed, “once it is eligible … or at a time requested by the town,” she wrote.
For now, the project’s next step is technical review, according to Scott Benton, a Larimer County planner. This is the formal process of fulfilling the 41 requirements prior to issuing a development construction permit.
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“Working out the details and conditions of approval that must be satisfied for the project to be built,” Benton said.
This involves county departments, including planning, engineering, and health and environment, he said, as well as referral agencies—for state transportation and for health, and local agencies, along with the Town of Berthoud.
Hillenbrand said one main focus is that the “landscape buffer is to the town’s expectations,” including vegetation, irrigation and maintenance. “We want to ensure our north entrance at Highway 287 is welcoming and attractive.”
She added, “We are looking forward to working with the county and US Solar.”
Benton said the next step is for US Solar to make its first submittal, which had not occurred by early March. Initial review runs 40 days, beginning the back-and-forth on the 41 conditions and what referral agencies want. Similar county projects have spent 12 to 24 months in technical review.
“It could go faster if an applicant is very responsive,” Benton said.
Opponents wouldn’t mind a longer, arduous road.
“My sense of this, is there’s been no consideration of private property rights,” Kathie Troudt Riley said, an attorney who co-owns equestrian layout, Flying R Ranch LLC, north of the prospective solar farm.
Riley said noise levels were dealt with only generally, with decibel production from the farm compared to Highway 287 noise. “Traffic is not a continual loud noise. It’s sporadic, not a constant din. Now it’s going to be 24 hours a day.”
She contrasts it with a current forage crop-focused use where “it’s almost silent, you could hear a bobcat at night.”
Riley said construction will bring rodents and snakes, with noise, a threat to horses on her land. She doubts the consistent availability of water to maintain much-discussed noise and beauty buffers, and said commercial use should be elsewhere.
“That first row of houses at Prairie Star, all they’ll see is this project,” she said. “You don’t bring junk like this into a neighborhood, not someone’s home.”
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Some public comments prior to the 1041 permit vote echoed this, with respondents saying, for instance, why not put solar panels atop every county building before filling open space.
Others supported the project, calling for an increased commitment to alternative energy. Still others disputed the green nature of such energy generation.
Overall, a county report on public input showed 29 comments from 337 views. Of the 43 respondents who registered a position, 58% opposed and 42% supported the solar facility. The summary and comments, findings and resolution, and other materials are at the project’s website at Larimer’s Community Development Online Portal.
A dedicated comment portal is closed, but Benton said residents can still email [email protected] to submit a statement. The project requires no more votes. Technical review is the last step.
US Solar has three years to pursue permits or make “substantial progress” on the project, according to a condition.
The company didn’t respond to a request for a comment.
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