In the seven months since the La Plata County Planning Department told Primergy that its application for the 1,900-acre Hesperus Solar project was lacking critical details, county officials say the company has not taken significant steps to remedy the deficiencies.
What started as a fierce conflict between the company and neighbors who vehemently oppose the development has also fallen quiet.
If approved, the project will entail the construction of solar panels spanning over 1,900 acres near Breen, north of Wildcat Canyon Road (County Road 141). It would generate 155 megawatts of power and have another 155 megawatts of on-site battery storage, making it large enough to power an estimated 56,000 homes annually.
Neighbors were first notified of the project in October, and Primergy submitted a formal application in mid-November.
Detractors, who have organized a group of concerned citizens named STOP Hesperus Solar, have voiced objections over the project’s environmental impact. They also argue that fire danger will increase, while their property values will decrease.
The last formal communication between the county and Primergy occurred Jan. 4, when then-Natural Resources Planner Christy Kost informed the company that the initial review found many deficiencies in the 1,000-plus page application.
Kost left her job at the county in March. The county’s new Natural Resource Planner, Roby Douglass, began work May 8.
Under the county land use code, the applicant has 60 days to cure any deficiencies in an application. This has become a point of contention for some neighbors, who have expressed confusion over why the application has not been denied, given that seven months have elapsed since the company was informed of deficiencies.
The 1041 permit track allows the county to apply an added level of scrutiny to the project in the form of a completeness review, which is conducted before the project enters the major permit pipeline. This is the first project to undergo a 1041 permit process since it was written into the land use code in 2020.
The completeness review, the step completed Jan. 4., was conducted by an outside consultant. According to county code, Primergy must reimburse the county for any costs associated with it.
Deputy County Manager Kevin Hall, who is also the interim community development director, said that the county is in the process of negotiating a reimbursement agreement with Primergy.
“There hasn't been anything substantive fed back to us in terms of response to our determination of completeness report that we sent, which essentially said ‘It's incomplete,’” Hall said.
Given the lack of response to the completeness review, Hall said it is likely Primergy will have to resubmit its application and wait in line once the company does respond. This corrects a previous misunderstanding that the company was waiting on the county to deliver a final decision on the completeness review.
Although new hires are resolving critical staffing shortages in the county planning department, Hall said that staff are not in constant communication with applicants regarding upcoming deadlines because of the abundance of projects with anxious applications that demand their attention.
Hall said a reimbursement agreement for contract services is currently in Primergy’s hands, and staff are waiting on the company to respond before they proceed.
Primergy is seemingly facing its own staffing-related delays. Hall said that Kathryn Meyer, the project director, no longer worked for the company. Her LinkedIn profile indicates she left in March.
In a written statement the The Durango Herald, a company spokesman says it remains committed to the project.
“While the project timeline has shifted, the Primergy team has used the opportunity to optimize the permit and project planning to address areas identified for improvement,” the statement read.
Although the company did not provide details on its work, the statement noted that it was “working closely with the relevant stakeholders” to address concerns over water usage. The initial application contained a plan to supply 340 acre-feet of water to the project by hauling it in, which is prohibited by the code.
Primergy did take one major step in the project in March, when the company finalized the purchase of 718 acres land from Three Sister Durango, LLC.
Sherry Wertz, one of the owners of Three Sisters, confirmed the sale. The sale contract that Primergy and the Wertz family had entered was set to expire, forcing the company to either proceed with the purchase or renegotiate the contract.
The remaining 1,206 acres upon which the project will be built are to be leased from local landowners.
The members of STOP Hesperus solar, many of whom spoke at a meeting with county staff last month, have grown antsy with the lack of progress.
“It gives me frustration that it is being drawn out,” said Pam Petrie, one of the group’s organizers. “We'd like know where they're at so that we can determine our next steps.”
rschafir@durangoherald.com
