HomeMy WebLinkAbout20101001 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1723 FOR A MAJOR FACILITY OF A PUBLIC UTILITY (A WIND ENERGY
FACILITY WITH A GENERATING CAPACITY UP TO 250.8 MEGAWATTS (MW)
ALONG WITH A 230-KILOVOLT (KV) ELECTRIC TRANSMISSION LINE, AN
INTERCONNECTION FACILITY TO TIE INTO AN EXISTING 72-MILE
TRANSMISSION LINE, EXISTING COLLECTOR TRANSMISSION LINES, UP TO
FIVE (5) PERMANENT 80-METER METEOROLOGICAL TOWERS, ONE (1)
SUBSTATION, AN OPERATIONS AND MAINTENANCE BUILDING/FACILITY,
ALONG WITH ONE (1) TEMPORARY BATCH PLANT AND CONSTRUCTION
FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT - CEDAR CREEK II, LLC,
C/O BP WIND ENERGY NORTH AMERICA, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 14th day
of April, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Cedar Creek II, LLC, c/o BP Wind Energy North America, Inc., Attn:
David Gonzalez, 700 Louisiana Street, 33rd Floor, Houston, Texas 77002, for a Site Specific
Development Plan and Use by Special Review Permit#1723 for a Major Facility of a Public
Utility (a wind energy facility with a generating capacity up to 250.8 megawatts (MW) along with
a 230-kilovolt (kV) electric transmission line, an interconnection facility to tie into an existing
72-mile transmission line, existing collector transmission lines, up to five (5) permanent
80-meter meteorological towers, one (1) substation, an operations and maintenance
building/facility, along with one (1) temporary batch plant and construction facility) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Wind Energy Facility:
Section 6, Township 10 North, Range 57 West; Sections 1, 2, 3, 4,
5, Township 10 North, Range 58 West; Sections 5, 6, 8, 17,
Township 11 North, Range 56 West; Sections 1, 2, 3, 5, 6, 7, 8, 9,
10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30,
31, 32, 33, Township 11 North, Range 57 West; Sections 3, 4, 10,
11, 12, 13, 14, 15, 16, 24, 25, 27, 34, 36, Township 11 North,
Range 58 West; Sections 28, 32, 33, Township 12 North, Range
56 West; and Sections 34, 36, Township 12 North, Range 57
West of the 6th P.M., Weld County Colorado
Transmission Line:
Sections 1, 2, 3, 4, 5, 7, 8, 9, Township 10 North, Range 58 West;
Sections 4, 9, 10, 11, 12, Township 10 North, Range 59 West;
Sections 5, 6, Township 10 North, Range 59 West; Section 2,
Township 10 North, Range 60 West; Section 7, Township 11
North, Range 57 West; Sections 12, 13, 24, 25, 36, Township 11
North, Range 58 West; Sections 31, 32, Township 11 North,
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SPECIAL REVIEW PERMIT #1723 - CEDAR CREEK II, LLC, CIO BP WIND ENERGY NORTH
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Range 59 West; and Sections 35, 36, Township 11 North,
Range 60 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing on April 14, 2010, the Board deemed it advisable to
continue the matter to May 19, 2010, to allow the matter to be re-published to correct legal
description, and to be reconsidered by the Planning Commission on May 18, 2010, and
WHEREAS, at said hearing on May 19, 2010, the applicant was represented by David
Gonzalez, BP Wind Energy North America, Inc., and
WHEREAS, Section 21-3-340 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 21-3-330 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 21-3-340.A of the Weld County Code as follows:
a. Section 21-3-340.A.1 — The health, welfare, and safety of the citizens of
the County will be protected and sewed. The Design Standards
(Section 23-2-240), Operation Standards (Section 23-2-250), Conditions
of Approval, and Development Standards ensure that there are adequate
provisions for the protection of the health, safety, and welfare of the
inhabitants of the neighborhood and County.
b. Section 21-3-340.A.2 -- The natural and socio-economic environment of
the County will be protected and enhanced. The site encompasses
26,927 acres. Approximately 146 acres of the site associated with the
wind energy facility will be disturbed on a long-term basis by the wind
generator facility, and approximately one (1) acre of the site will be
disturbed on a long-term basis by the transmission line. No more than
two percent (2%) of the area will be disturbed on a short-term basis for
construction. Disturbed areas include footprints of the turbine towers,
access roads, substations, 230-kV transmission structures, and the
electric collection system structures. The impact on farming and ranching
activities will be minimal, as these activities may continue up to the base
of the wind turbines following construction of the project. The project is
proposed to employ approximately 250 people during construction and
employ approximately twelve to fourteen (12-14) people during the
operating life of the facility. The site is located in an Economic
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Empowerment Zone established by the State of Colorado. The project
represents an investment of approximately two-hundred fifty (250) million
dollars and generates additional tax base for the County through
additional property tax revenues. Also, money will be generated for the
26 property owners with wind generators on their property through
royalties, and the nine property owners through which the interconnection
transmission line runs will receive option and lump-sum easement
payments.
c. Section 21-3-340.A.3 -- All reasonable alternatives to the proposed
action, including use of existing rights-of-way and joint use of rights-of-
way wherever uses are compatible, have been adequately assessed and
the proposed action is compatible with and represents the best interests
of the people of the County and represents a fair and reasonable
utilization of resources in the impact area. The application indicates the
wind generator facility location was selected based on wind resources,
environmental considerations, transmission characteristics, and economic
considerations. An assessment of wind speed was conducted by the
United States Department of Energy in which ten (10) sites in Colorado
were evaluated. Of these ten (10) sites, this location had the highest
average wind speed. Additionally, six (6) anemometers were installed in
the area (one in 2002, and five in 2007) to further monitor wind speed in
the area. The applicant has stated that they believe this location has one
of the best wind resources in the state. The applicant will install
approximately 20 miles of transmission line running from the proposed
Cedar Creek II substation to the existing Cedar Creek I substation facility.
The facility will connect to and utilize the excess capacity on the existing
72-mile transmission line (approved under USR-1562) running from the
Cedar Creek I facility to the Keenesburg substation, eliminating the need
to construct a separate transmission line to connect to the Keenesburg
substation. Transmission line locations were evaluated based on the
following criteria:
1) Potential missile route crossing(s)
2) Impact to military infrastructure
3) Impact to buildings/residences
4) Drainage crossing potential
5) Land use impacts
6) Incorporating safety setbacks between the proposed turbines and the
proposed transmission line
7) Wildlife impacts
8) Transmission and distribution
9) 100-Year floodplains
Based on the review of the above criteria, the selected route minimally
impacts area buildings and residences and the existing Cedar Creek
turbine arrays. In addition, this route was selected based on land
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acquisition issues and engineering and design goals. In general, areas of
sensitive natural environments, including riparian areas, water bodies,
and areas of potentially suitable habitat for threatened and endangered
species or species of state concern, will be avoided where possible.
d. Section 21-3-340.A.4 -- A satisfactory program to mitigate and minimize
adverse impacts has been presented. The application indicates Cedar
Creek II, LLC, evaluated a variety of environmental criteria which included
a review of existing wildlife habitat information, sensitive vegetation
communities, water resources, culturally sensitive areas, and other
resource concerns. Environmental surveys for this project have been
conducted since 2006, and include two full years of avian use and raptor
nest surveys, two seasons of bat acoustic monitoring, breeding bird
surveys, sharp-tailed grouse lek surveys, habitat mapping, wetlands
delineation, and a cultural resources assessment. Facilities are sited to
minimize impacts to identified resources. Additional sensitive species
surveys will be conducted, as relevant to inform and refine siting, before
the final infrastructure layout is submitted to Weld County, prior to
construction.
e. Section 21-3-340.A.5 -- The nature and location or expansion of the
facility complies with all applicable provisions of the master plan of this
County, and other applicable regional, metropolitan, state and national
plans. This proposed facility is supported and encouraged by the Weld
County Comprehensive Plan. Section 22-4-50.A.4 (AIR.Policy 1.4)
states, "The County encourages innovative and creative approaches to
alternative energy sources." Wind energy is considered an alternative
energy source. Section 22-5-140.A (AE.Goal 1) states, "Support and
encourage research, development and use of alternative energy
resources." Section 22-5-140.A.3 (AE.Policy 1.3) states, "Support the
commercial development and use of wind energy." The proposed project
is located outside of the three-mile referral area, as well as any
Intergovernmental Agreement area, of any municipality.
f. Section 21-3-340.A.6 -- The nature and location or expansion of the
facility does not unduly or unreasonably impact existing community
services. The applicant proposes to work cooperatively with the New
Raymer Fire Protection District to ensure adequate fire protection. The
proposed wind farm and supporting improvements will employ
approximately twelve to fourteen (12-14) people during the operating life
of the facility and will not generate significant demands on community
services such as the School District. In the short-term, up to 250
temporary employees will be involved with the construction of the project.
The site is located approximately 17 miles east of Grover, Colorado,
17 miles north of New Raymer, Colorado, approximately 40 miles
south/southwest of Kimball, Nebraska, and approximately 72 miles
northeast of Greeley, Colorado.
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g. Section 21-3-340.A.7 -- The nature and location or expansion of the
facility will not create an expansion of the demand for government
services beyond the reasonable capacity of the community or region to
provide such services, as determined by the Board of County
Commissioners. Only twelve to fourteen (12-14) full-time employees are
anticipated for this site. The greatest demand/impact on government
services (specifically County roads) will occur doing the construction of
the project. All of the materials for the project will be transported to the
site during construction by truck. These deliveries will consist of water,
gravel, concrete supplies to on-site batch plants, turbine components,
tower, and equipment deliveries. This traffic has the potential to
significantly impact County roads, as well as state highways in the area.
The applicant indicates they will work with the Weld County Department
of Public Works to ensure the proper maintenance and repair of all roads
utilized by the project, and will post adequate collateral for a retainer
should roads require immediate repair. The Department of Public Works
is requiring a Road Maintenance Agreement for the designated haul route
to be utilized during construction of the facility. The Road Maintenance
Agreement will require collateral (bonding) to ensure road repairs and
road maintenance do not impact the level of service for County roads.
The Road Maintenance Agreement and collateral will require acceptance
by the Board of County Commissioners. This is attached as a Condition
of Approval for this project.
h. Section 21-3-340.A.8 — The facility site or expansion area is not in an
area with general meteorological and climatological conditions which
would unreasonably interfere with, or obstruct normal operations and
maintenance.
Section 21-3-340.A.9 -- The nature and location of the facility or
expansion will not adversely affect the water rights of any upstream,
downstream or agricultural users, adjacent communities or other water
users. The application states that the project will not impact hydrologic
flow of either surface water or groundwater, nor will it affect groundwater
recharge. Existing drainage patterns will be preserved. If access roads
cross stream channels, appropriately sized culverts or other mitigation
techniques will be employed and will be installed to maintain channel flow
and morphology. The Department of Public Works is requiring a Final
Drainage Report to be submitted, for review and acceptance, prior to
recording the plat and prior to construction of any facet of the project.
This is attached as a Condition of Approval for this application.
j. Section 21-3-340.A.10 --Adequate water supplies are available for facility
needs. The applicant is proposing to haul water obtained from legally
available sources for the concrete batch plant, dust control, and drinking
water, during construction of the facility. The Colorado Division of Water
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Resources, in the referral received November 10, 2009, indicated no
objection to the use of this source of water. The applicant will be required
to obtain a commercial well permit through the Colorado Division of Water
Resources for the on-site operations and maintenance facility.
k. Section 21-3-340.A.11 -- The nature and location of the facility or
expansion will not unduly interfere with existing easements, rights-of-way,
other utilities, canals, mineral claims, or roads. The applicant has
negotiated land lease and easement agreements with all of the private
property owners within the boundaries of the proposed site. The
applicant has finalized all transmission right-of-way agreements, with the
exception of the State sections.
Section 21-3-340.A.12 -- Adequate electric, gas, telephone, water,
sewage and other utilities exist or shall be developed to service the site.
Water for permanent facilities (operations and maintenance building) will
be obtained via a proposed commercial well and sewer will be provided
by an individual septic system. Electric, gas, and telephone utility
services are in the area.
m. Section 21-3-340.A.13 -- The nature and location for expansion of the
facility will not unduly interfere with any significant wildlife habitat or
adversely affect any endangered wildlife species, unique natural
resource, or historic landmark within the impact area. The Colorado
Division of Wildlife (CDOW) stated in a letter, dated December 9, 2009,
that the wind turbines should be located within the designated 1,000-foot
corridors and requested a review of the wind turbine locations prior to
placement. Additionally, the CDOW requests that construction occur
between July 15 and December 15, and that any fluids associated with
the temporary batch plant facility be contained in covered tanks versus in
open pits. The applicant indicated, in a written response to the CDOW
referral, that it would take into consideration the placement of the turbine
in relation to buffers, the prevailing wind direction, and the likelihood for
the turbine blades to extend into the setback buffer zone before the final
placement of the turbines is decided. Other limiting factors considered in
turbine placement include safety setback restrictions, property line
setbacks, and constructability factors, among other things. In most
cases, turbines will be placed so that no part of the turbine structure will
extend into the recommended setbacks; however, in a worst-case
scenario, a turbine blade could potentially extend into a one-quarter mile
(1,320 feet) setback or a one-half mile (2,640 ft) setback by 114 to 135
feet, depending upon the turbine selected. Cedar Creek II, LLC, does not
anticipate this being an issue in turbine placement but will continue
consultation with the CDOW, including sharing an array of turbine
placements. Because individual turbine locations will be evaluated
considering the setbacks from raptor nests, there is not a need to
uniformly restrict the 1,000-foot corridors as they currently exist. The
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CDOW also attached general recommendations for wind developers to
the referral response.
The United States Department of the Interior — Fish and Wildlife listed
several concerns and recommendations in the referral letter dated
December 7, 2009. Items listed included, but were not limited to:
• Concerns that the transmission line would pass within one-half mile
of Golden Eagle nests.
• Strong recommendation that Avian Power Line Interaction
guidelines be followed for the transmission line and collector
transmission lines.
• Construction timing (recommends that construction occur outside of
nesting season or conduct pre-construction surveys for nesting
species and buffer areas around nesting sites).
• Setbacks from the escarpment (have a consistent setback distance
vs. specific setbacks only from where nesting areas have been
identified).
• Collect additional data regarding Golden Eagles in the area so that
avoidance/mitigation measures can be developed.
The applicant has provided a written response to the recommendations
and concerns indicated in both the CDOW and U.S. Fish and Wildlife
referrals. Correspondence submitted to the Department of Planning
Services by the applicant, as well as by the referral agencies, indicates
that discussions are ongoing regarding outstanding issues and concerns,
therefore, the Department of Planning Services has attached two
Conditions of Approval, requiring that the applicant demonstrates
attempted compliance with the recommendations of CDOW and U.S. Fish
and Wildlife, prior to recording the plat.
The application indicates that four cultural resource sites within the
current boundaries of the proposed project area were previously
recorded. None of these sites are eligible for listing in the National
Register of Historic Places. A cultural resource survey will be conducted
within the proposed project infrastructure footprint prior to the release of
any building permit for any construction. The application indicates if any
significant artifacts are found during construction, Cedar Creek II, LLC,
will comply with all local, state, and federal requirements for protecting
cultural/archaeological resources.
n. Section 21-3-340.A.14 -- The nature and location or expansion of the
facility, including expected growth and development related to the
operation and provision of service, will not significantly deteriorate water
or air quality in the impact area. According to the application materials,
the proposed project will have no long-term impact on water or air quality.
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During construction, some fugitive dust may be generated during periods
of dry weather in areas where soil has been disturbed. The contractor will
control dust by applying water to any such disturbed areas. In the event
of excess dust being generated on County Roads, Cedar Creek II, LLC,
will provide an adequate dust suppressant (calcium chloride or
magnesium chloride) for approximately 300 feet from any residence. As
another alternative, roads may receive an application of fly ash to
increase stability. Cedar Creek II, LLC, will submit a Dust Control Plan, to
the Weld County Department of Public Health and Environment, for
review and approval. The applicant will provide evidence of an Air
Pollution Emission Notice (APEN) and Emissions Permit application from
the Colorado Department of Public Health and Environment, Air Pollution
Control Division, for the concrete batch plant, to Weld County, prior to the
initiation of construction activities. The applicant indicates a Stormwater
Management Plan, designed to meet the requirements of the Colorado
Department of Public Health and Environment, Construction Stormwater
Discharge Permit, will be submitted. The plan will include Best
Management Practices such as retention ponds, sedimentation control
measures, and covering of exposed soils.
o. Section 21-3-340.A.15 -- The geological and topographic features of the
site are adequate for all construction, clearing, grading, drainage,
vegetation and other needs of the facility construction or expansion. The
proposed wind facility will be located on a plateau. The application
indicates that the wind generator and transmission line facilities will not
alter the geology or topography of the area. The construction and
operation of the proposed wind energy facility will not alter the geology of
the proposed site nor affect opportunities for mineral extraction. The
applicant intends to locate turbine corridors and other project facilities
primarily along the relatively flat expanses of highlands. Steep slopes and
escarpments, characteristic of the southern-most wind farm project area,
will be avoided.
p. Section 21-3-340.A.16 -- The existing water quality of the affected state
waters will not be degraded below state and federal standards or
established baseline levels.
q. Section 21-3-340.A.17 -- The proposed project will not have a significantly
adverse net effect on the capacities or functioning of streams, lakes, and
reservoirs in the impact area, nor on the permeability, volume, recharge
capability, and depth of aquifers in the impact area. According to the
application materials, subsurface drainage will not be impacted by the
proposed wind energy facility. Erosion and discharge of pollutants from
the proposed project will be minimized through the implementation of a
Stormwater Management Plan. The application indicates that the
transmission line will cross Two Mile Creek and several unnamed
drainageways. Construction of the project will not create runoff in excess
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of historic site levels and will not change the existing topography or
adversely affect drainage. There will be no alteration in the pattern or
intensity of surface drainage as a result of construction and operation of
the interconnection facility.
r. Section 21-3-340.A.18 -- The benefits of the proposed developments
outweigh the losses of any natural resources or reduction of productivity
of agricultural lands as a result of the proposed development. The
majority of the site consists of grazing lands/open lands with some areas
of dryland crop production. The facility will have little impact on
agricultural lands within the site. Permanent facilities, upon completion,
will only cover approximately 146 acres of the 26,927-acre site. The wind
turbines and associated operations, as proposed, will not interfere with
existing or future oil and gas facilities.
s. Section 21-3-340.A.19 -- The applicant has obtained or will obtain all
property rights, permits, and approvals necessary for the proposed
project, including surface, mineral, and water rights and easements for
drainage, disposal, utilities, access, etcetera. If the applicant has not
obtained all necessary property rights, permits, and approvals, the Board
may, at its discretion, grant the permit conditioned upon completion of the
acquisition of such rights, prior to issuance of a zoning or building permit
by the County. The application materials indicate that individual land
lease and wind easement agreements (with the exception of transmission
rights-of-way agreements with the Colorado State Land Board) have been
obtained between owners. The applicant has or will obtain all property
rights, permits, and approvals necessary for the proposed project,
including surface, mineral, and water rights and easements for drainage,
disposal utilities, access, etcetera, with approval by the Board of County
Commissioners. An attached Condition of Approval indicates that
outstanding transmission rights-of-way agreements must be finalized prior
to recording the plat.
t. Section 21-3-340.A.20 -- The proposed project (nonlinear facilities) will
not present an unreasonable risk of exposure to or release of toxic or
hazardous substances within the impact area. The determination of
effects of the project shall include the following considerations:
a) The means by which outdoor storage facilities for fuel, raw
materials, equipment and related items are adequately
enclosed by a fence or wall.
b) The likelihood of hazardous materials or wastes being
moved off of the site by natural causes or forces.
c) Containment of inflammable or explosive liquids, solids, or
gases.
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The proposed project will not present an unreasonable risk of exposure
to, or release of toxic or hazardous substances within, the impact area.
The Department of Public Health and Environment requires that a Waste
Handling Plan be submitted as a Condition of Approval.
u. Section 21-3-340.A.21 -- The scope and nature of the proposed project
will not unnecessarily duplicate existing services within the County. The
proposed facility will address increasing demands for electricity in
Colorado and address renewable energy requirements outlined under
Amendment 37 and House Bill-1281.
v. Section 21-3-340.A.22 -- If the purpose and need for the proposed project
are to meet the needs of an increasing population within the County, the
area and community development plans and population trends
demonstrate clearly a need for such development. The purpose and
need for the proposed project is to address additional growth in Colorado
principally within the Front Range Area. Weld County (especially the
southwestern area) is experiencing a portion of this growth. The project
is proposed to help supply the region's demand for additional renewable
energy resources. Electrical demand continues to increase in Colorado,
largely as a result of continued growth and development along the Front
Range. Public Service Company of Colorado (PSCo)'s 2007 Colorado
Resource Plan includes plans for 800 MW of new wind generation by the
year 2015, and an additional 1,000 MW of wind generation by the
year 2020. Although PSCo's demand for renewable energy dominates
regional demand, other utilities such as Tri-state Generation and
Transmission Association, Inc., the Platte River Power Authority, the
Municipal Association of Nebraska, Colorado Springs Utilities, and the
Colorado Electric Utility, located in Pueblo and owned by Black Hills
Corporation, also contribute to the regional demand.
In the year 2004, Colorado voters passed Amendment 37, the Renewable
Energy Requirement. This initiative requires that the state's largest
utilities obtain a minimum of three (3) percent of their electricity from
renewable energy resources by the year 2007, six (6) percent by the
year2011, and ten (10) percent by the year 2015. More recently, in
March of 2007, House Bill-1281 was passed in Colorado. This bill
increased the renewable energy requirement in Colorado from ten (10)
percent to twenty (20) percent for PSCo and extended the deadline for
compliance from the year 2015 to 2020. Furthermore, Senate Bill 100
expanded the renewable portfolio standard to include a ten (10) percent
requirement for cooperative and municipally owned utilities serving more
than 40,000 customers. Finally, in November of 2007, Governor Bill
Ritter issued the Colorado Climate Action Plan, which includes a goal to
reduce greenhouse gas emissions in the utility sector by 20 percent by
the year 2020. State requirements and federal tax incentives have
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generated high demand for renewable energy (including wind energy) in
Colorado.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Cedar Creek II, LLC, do BP Wind Energy North
America, Inc., for a Site Specific Development Plan and Use by Special Review Permit #1723
for a Major Facility of a Public Utility (a wind energy facility with a generating capacity up to
250.8 megawatts (MW) along with a 230-kilovolt (kV) electric transmission line, an
interconnection facility to tie into an existing 72-mile transmission line, existing collector
transmission lines, up to five (5) permanent 80-meter meteorological towers, one (1) substation,
an operations and maintenance building/facility, along with one (1) temporary batch plant and
construction facility) in the A (Agricultural) Zone District, on the parcel of land described above
be, and hereby is, granted subject to the following conditions:
1. The Use by Special Review activity shall not occur, nor shall any grading,
building, or electrical permits be issued on the property, until the Use by Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder.
2. Prior to recording the plat:
A. The applicant shall provide graphic and written documentation addressing
the location and identification of all public rights-of-way, existing and
proposed structures, utility easements, irrigation ditches, etcetera, per
Section 21-3-330.B.4 of the Weld County Code. This document shall be
prepared for recording in the Clerk and Recorder's office.
B. The applicant shall demonstrate attempted compliance with the Colorado
Division of Wildlife, as stated in the referral responses dated/received
December 7, 2009, and March 8, 2010.
C. The applicant shall demonstrate attempted compliance with the United
States Fish and Wildlife Service, as stated in the referral received
December 7, 2009.
D. The applicant shall submit four (4) copies of a Decommissioning Plan to
the Department of Planning Services, for review and approval, which shall
include collateral in the amount sufficient to ensure removal of all wind
turbines from the site, upon cessation of wind generation operations.
E. The applicant shall submit a Dust Abatement Plan (addressing on-site
dust), for review and approval, to the Environmental Health Services
Division of the Weld County Department of Public Health and
Environment.
F. The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit application from the Air Pollution Control
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Division of the Colorado Department of Health and Environment (CDPHE)
for the concrete batch plants and any other operations required by
CDPHE to have an A.P.E.N.
G. In the event washing of vehicles or equipment will occur on the site, the
applicant shall ensure that any washing areas shall capture all effluent
and prevent discharges from the washing of vehicles, in accordance with
the rules and regulations of the Water Quality Control Commission and
the Environmental Protection Agency. Washing areas shall be
designated on the plat.
H. The applicant shall submit written evidence detailing where the hauled
water will be obtained from.
The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment. Written evidence of such shall be
submitted to the Department of Planning Services. The plan shall
include, at a minimum, the following:
1) A list of the wastes which are expected to be generated on the site
(this should include expected volumes and types of waste
generated).
2) A list of the type and volume of chemicals expected to be stored
on the site.
3) The waste handler and facility where the waste will be disposed of
(including the facility name, address, and phone number).
J. A designated haul route shall be submitted to the Department of Public
Works, for review and approval.
K. The applicant will sign and collateralize an Improvements Agreement
According to Policy for Improvements which addresses the following
issues:
1. On-site and off-site improvements, Road Maintenance
2. Collateral
3. Construction Drawings
4. Construction Schedule
5. Haul routes
6. Haul route amendment process
L. The applicant shall provide an acceptable Final Drainage Report. Written
evidence of approval by the Department of Public Works shall be
provided to the Department of Planning Services.
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M. The applicant shall provide an acceptable Final Traffic Study. Written
evidence of approval by the Department of Public Works shall be
provided to the Department of Planning Services.
N. The Colorado Department of Transportation (CDOT) has jurisdiction over
all State highways. The applicant shall contact Gloria Hice-Idler at the
Greeley office (970-350-2148 or 970-350-2148) to verify if any
improvements will be required at the intersections of State Highway 71
and County Roads 132 or 120 to accommodate traffic from the Cedar
Creek II project. Written evidence of CDOT approval shall be provided to
the Departments of Public Works and Planning Services.
O. The applicant shall submit written evidence to the Department of Planning
Services that the Federal Aviation Administration (FAA) requirements
have been met for the proposed facility.
P. Written evidence from the applicant, indicating all requirements and
agreements between the surface developer and the mineral owners
and/or lessees have been completed, shall be submitted, or evidence that
an adequate attempt has been made to mitigate their concerns shall be
demonstrated. The applicant may delineate drill envelopes on the plat
submitted to the Department of Planning Services in lieu of an agreement
or as evidence of an adequate attempt.
Q. The applicant shall provide written evidence from the applicable Fire
Protection Districts (Pawnee and Southeast Weld) that there is adequate
access for emergency equipment and the width, usually twenty (20) feet,
is adequate and designed for appropriate weight capacity.
R. The applicant shall provide written evidence from the applicable Fire
Protection Districts (Pawnee and Southeast Weld) that there is a
coordinated plan in place for emergency responders during construction
of the facilities and a plan for post construction activities. The applicant
shall submit plot plans to the applicable Fire Protection Districts, for
review and comment.
3. Upon completion of Condition of Approval #2 above, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Sections 21-3-330.B.3 and 21-3-330.B.4 of
the Weld County Code. The Mylar plat and additional requirements shall be
submitted within sixty (60) days from the date of the Board of County
Commissioners Resolution. The applicant shall be responsible for paying the
recording fee.
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4. The Plat shall delineate the following:
A. All sheets shall be prepared in accordance with Sections 21-3-330.B.3
and 21-3-330.6.4 of the Weld County Code.
B. All sheets shall be labeled USR-1723.
C. The Development Standards associated with this application shall be set
forth on the plat.
D. Final locations of wind turbines shall be delineated on the plat.
E. The final transmission line alignment, as approved by the Board of
County Commissioners, shall be delineated on the plat.
F. The boundaries of USR-1723 shall not overlap the boundaries of
USR-1213 (located on 5.5 acres in the NE1/4 of Section 21, and the
NW1/4 of Section 22, Township 11 North, Range 57 West of the 6th P.M.,
Weld County Colorado).
5. Prior to the commencement of construction activities and/or hauling of materials:
A. A pre-construction meeting between the applicant, the applicant's
designated contractors, and the applicable Weld County Departments
(Building Inspection, Planning Services, Public Works, Environmental
Health) shall be held to discuss the requirements and timing regarding
construction of the site.
B. The applicant shall obtain a grading permit for any project improvements
which disturb more than one (1) acre of land. The grading permit
application shall include an erosion and sediment control plan, a grading
plan, installation details for Best Management Practices to be used, and a
copy of the stormwater construction permit from the Colorado Department
of Public Health and Environment. Construction activities will not be
allowed to begin until the Improvements Agreement has been signed,
with collateral posted, and a grading permit has been issued.
C. The applicant shall obtain overweight and/or overwidth special transport
permits from the Department of Public Works for all applicable trucks. The
applicant shall contact Amy Burry at 970-381-3779 regarding any
questions about the special transport permits. The applicant shall obtain
access permits from the Department of Public Works for all temporary
and permanent accesses. The applicant shall contact Janet Carter at
970-304-6496 (ext 3726) for any questions regarding the access permits.
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D. The applicant shall obtain right-of-way permits before installation and/or
construction of any aboveground or buried features in or crossing Weld
County road rights-of-way.
E. The applicant shall provide three (3) gravel road base stockpile locations
and stock each with 1,000 cubic yards of gravel, which may be used for
road repairs, in accordance with County and Department of Defense
specifications.
F. The applicant shall provide evidence showing that an on-call contractor
has been contracted to handle emergency road repairs.
G. The applicant shall provide a power purchase agreement or other
documentation/agreement/evidence that power to be generated by this
facility has been, or is agreed to be, purchased.
H. The subdivision exemption plat for the proposed main substation and
Cedar Creek I substation tap shall be submitted, for recording, to the
Department of Planning Services.
6. Prior to Release of Building Permits:
A. A building permit shall be obtained prior to the construction of the wind
turbines and any other buildings or structures on the site.
B. A plan review is required for each building for which a building permit is
required. Plans shall bear the wet stamp of a Colorado registered
architect or engineer. Two complete sets of plans are required when
applying for each permit. Building plans shall also be submitted to the
New Raymer Fire Protection District.
C. The applicant shall provide written evidence of compliance with the
U.S. Army, Corps of Engineers (USACOE), Section 404 of the Clean
Water Act Permit.
D. Buildings shall conform to the requirements of the various codes adopted
at the time of permit application. Currently, the following have been
adopted by Weld County: 2006 International Building Code, 2006
International Mechanical Code, 2006 International Plumbing Code, 2006
International Fuel Gas Code, 2008 National Electrical Code, 2006
International Energy Code, and Chapter 29 of the Weld County Code.
E. Each structure will require an engineered foundation based on a
site-specific Geotechnical Report or an open hole inspection performed
by a Colorado registered engineer. Engineered foundations shall be
designed by a Colorado registered engineer. All plans and specifications
prepared by architects or engineer sub-disciplines shall be designated
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and shall bear the seal and signature of the architect or engineer of the
sub-discipline.
F. The structure will be classified as a U (Turbine) occupancy. The
maintenance structures and offices will be classified as B occupancy.
Temporary structures will be classed accordingly. Fire resistance of walls
and openings, construction requirements, maximum building height and
allowable areas will be reviewed at the plan review. Setback and offset
distances shall be determined by Section 23-3-50 of the Weld County
Code.
G. All building plans shall be submitted to the applicable Fire Protection
District (Southeast Weld or Pawnee) for review and approval.
H. The applicant shall submit written evidence from the Colorado Division of
Water Resources, demonstrating that an individual well may be
appropriately permitted for the commercial use.
7. One month prior to construction activities:
A. A State of Colorado Stormwater Discharge Permit shall be required for a
development/redevelopment/construction site where a contiguous or
non-contiguous land disturbance is greater than, or equal to, one acre in
area. The applicant shall contact the Colorado Department of Public
Health and Environment, Water Quality Control Division, at
www.cdphe.state.co.us/wq/PermitsUnit, for more application information.
8. Prior to the issuance of Certificate of Occupancy:
A. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed temporary office trailer complex and the permanent operations
and maintenance building and shall be installed according to the Weld
County I.S.D.S. Regulations.
B. The septic system is required to be designed by a Colorado registered
professional engineer, according to the Weld County I.S.D.S.
Regulations.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of May, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
Iaa , LD COU i ORADO
ATTEST:
ademach= , air
Weld County Clerk to the Board •s
!:s a Kirkmeyer Pro-Tem
Dep Clerk tithe Board
Sean��.C'° ay
APPR ED AS _ORM: Ulf/
Attorney WiI� F�G� cia
County
David E. Long
Date of signature: C9I7 h/o
2010-1001
PL2059
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CEDAR CREEK II, LLC,
C/O BP WIND ENERGY NORTH AMERICA, INC.
USR-1723
1. A Site Specific Development Plan and Use by Special Review Permit #1723 is for a
Major Facility of a Public Utility (a wind energy facility with a generating capacity up to
250.8 megawatts (MW) along with a 230-kilovolt (kV) electric transmission line, an
interconnection facility to tie into an existing 72 mile transmission line, existing collector
transmission lines, up to five (5) permanent 80-meter meteorological towers, one (1)
substation, an operations and maintenance building/facility, along with one (1) temporary
batch plant and construction facility) in the A (Agricultural) Zone District, as indicated in
the application materials on file, and subject to the Development Standards stated
hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a
manner which protects against surface and groundwater contamination.
4. 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, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed of in a manner which controls
fugitive dust, fugitive particulate conditions, blowing debris, and other potential nuisance
conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan.
7. Fugitive dust and fugitive particulate emissions shall be controlled on the site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
8. The applicant shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
9. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes for the permanent facility.
10. This application proposes a well as its source of water. The applicant shall be made
aware that while it may be possible to obtain a well permit from the Office of the State
Engineer, Division of Water Resources, the quantity of water available for usage may be
limited to specific uses, i.e. domestic use only, etcetera. Also, the applicant shall be
made aware that groundwater may not meet all drinking water standards as defined by
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the Colorado Department of Public Health and Environment. The applicant is strongly
encouraged to test their drinking water prior to consumption and periodically thereafter.
11. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
Individual Sewage Disposal System (I.S.D.S.) Regulations.
12. Bottled water shall be utilized for drinking during construction of the project.
13. Adequate portable toilet facilities (portable toilets) and hand washing units shall be
provided during the construction of the project.
14. Any vehicle or equipment washing areas shall capture all effluent and prevent
discharges from drum washing and the washing of vehicles in accordance with the rules
and regulations of the Water Quality Control Commission and the Environmental
Protection Agency.
15. All chemicals must be stored secure, on an impervious surface, and in accordance with
the manufacturer's recommendations.
16. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
17. The applicant shall comply with all provisions of the State Underground and
Aboveground Storage Tank Regulations.
18. Any time the applicant will utilize the right-of-way, or cross the right-of-way, a Weld
County right-of-way permit shall be required. This permit shall also be required for
transporting overweight or overwidth items utilizing County Roads or rights-of-way. The
applicant shall contact the Weld County Public Works Department, P.O. Box 758,
Greeley, Colorado, 80632 at (970)381-3779, for the necessary permit. This permit shall
be in place prior to any work being done within the right-of-way.
19. The applicant will comply with the terms and conditions of the Improvements Agreement.
20. There will be no staging or parking of equipment or vehicles on maintained County
roads. The applicant shall utilize on-site locations and private rights-of-way.
21. If a drain culvert is required, a 15-inch corrugated metal pipe is the County's minimum
size requirement. If the applicant chooses to place a larger culvert, the Weld County
Department of Public Works shall be contacted to adequately size the culvert.
22. The location of access roads shall be addressed within the Improvements Agreement
and through the access permitting process.
23. Adequate turning radii shall be installed at all entrances to accommodate large truck
movement.
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24. The off-street parking and loading zones shall be surfaced with gravel, or the equivalent,
and shall be graded to prevent drainage problems.
25. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if noxious weeds
exist on the property, or become established as a result of the proposed development,
the applicant/landowner shall be responsible for controlling noxious weeds.
26. The applicant shall utilize the (MUTCD) Traffic Manual to appropriately sign construction
zones and crossings adjacent to County roads.
27. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
28. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
29. The applicant shall utilize an Erosion Control Plan until vegetation is established in
disturbed areas.
30. Tracking pads are required at all construction locations where there is heavy traffic
exiting construction areas onto a County road. The purpose of the tracking pads is to
keep mud and debris from leaving the site and tracking onto existing County roads
contaminating the existing gravel road(s) with mud and debris.
31. A building permit shall be obtained prior to the construction of the wind turbines and any
other buildings or structures on the site.
32. In areas where sensitive historic, paleontological, or archeological resources are known
to occur, the applicant shall coordinate with the State Historic Preservation Office to
conduct on-site pre-construction surveys, or monitor during construction activities, to
minimize and/or avoid impacts to cultural resources.
33. Construction and development of the site shall be mitigated in accordance with the
Construction Practices and Mitigation Measures, as outlined in the application materials.
34. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
35. Effective August 1, 2005, building permits issued on the proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee.
36. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
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37. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
38. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
39. Weld County Government personnel shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with
the Development Standards stated herein and all applicable Weld County regulations.
40. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or stated,
shall require the approval of an amendment of the Permit by the Weld County Board of
County Commissioners before such changes from the plans or Development Standards
are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
41. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
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