HomeMy WebLinkAbout20101002 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robed Grand, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1723
APPLICANT: Cedar Creek II LLC
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit 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.
LEGAL DESCRIPTION: Wind Enemy Facility
T1ON R57W Section 6
T10N R58W Sections 1, 2, 3,4, 5
T11N R56W, Sections 5, 6, 8, 17
T11N R57W 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
T11N R58W Sections 3, 4, 10, 11, 12, 13, 14, 15, 16, 24, 25, 27, 34, 36
T12N R56W Sections 28, 32, 33
T12N R57W Sections 34, 36
Transmission Line
T10N R58W Sections 1, 2, 3, 4, 5, 7, 8, 9
T10N R59W Sections 4, 9, 10, 11, 12
T1ON R59W Sections 5,6 EXIillift
T10N R6OW Section 2
T11N R57W Section 7 T11N R58W Sections 12, 13, 24, 25, 36
T11N R59W Sections 31, 32
T11N R60W Sections 35, 36 ose
of the 6th P.M., Weld County, Colorado.
LOCATION: Wind Generator facility is generally located in an irregularly shaped area south of
and adjacent to CR 138.5; North of and adjacent to CR 120 and west of CR 153.
The section of transmission line lying outside of the boundaries of the Wind
Generator Facility is located north of CR 118 and east of and adjacent to CR 382.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Chapter 21 of the
Weld County Code
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
21-3-340. A of the Weld County Code, as follows:
Section 21-3-340.A.1— The health, welfare and safety of the citizens of the County will be protected
and served.
Section 21-3-340.A.2-The natural and socio-economic environment of the County will be protected
and enhanced.
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.
Section 21-3-340.A.4--A satisfactory program to mitigate and minimize adverse impacts has been
presented.
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Resolution USR-1723
Cedar Creek II LLC
Page 2
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.
Section 21-3-340.A.6 --The nature and location or expansion of the facility does not unduly or
unreasonably impact existing community services.
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.
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.
Section 21-3-340.A.10--Adequate water supplies are available for facility needs.
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.
Section 21-3-340.A.12--Adequate electric, gas, telephone, water, sewage and other utilities exist or
shall be developed to service the site.
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.
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.
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.
Section 21-3-340.A.16—The existing water quality of affected state waters will not be degraded below
state and federal standards or established baseline levels.
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.
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.
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, etc. 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.
Resolution USR-1723
Cedar Creek II LLC
Page 3
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 the site by natural causes or
forces.
c. Containment of inflammable or explosive liquids, solids or gases.
Section 21-3-340.A.21 — The scope and nature of the proposed project will not unnecessarily
duplicate existing services within the County.
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.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. The Special Review activity shall not occur nor shall any grading, building, or electrical permits be
issued on the property until the Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder. (Department of Planning Services)
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 21-3-330.6.4 of the Weld County Code. This
document shall be prepared for recording in the Clerk and Recorder's office. (Department of
Planning Services)
B. The applicant shall demonstrate attempted compliance with the Colorado Division of Wildlife
as stated in their referral dated/received December 7, 2009 and March 8, 2010. (Colorado
Division of Wildlife)
C. The applicant shall demonstrate attempted compliance with the United States Fish and
Wildlife Service as stated in their referral received December 7, 2009. (United States Fish
and Wildlife)
D. The applicant shall submit four(4) copies of a Decommissioning Plan to the Department of
Planning Services for review and approval. (Department of Planning Services)
E. The applicant shall submit a dust abatement plan, addressing on-site dust, for review and
approval,to the Environmental Health Services,Weld County Department of Public Health&
Environment. (Department of Public Health & 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 Division,Colorado Department of
Health and Environment for the concrete batch plants and any other operations required by
CDPHE to have an APEN. (Department of Public Health & Environment)
Resolution USR-1723
Cedar Creek II LLC
Page 4
G. In the event washing of vehicles or equipment will occur on 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 should be
designated on the plat. (Department of Public Health & Environment)
H. The applicant shall submit written evidence detailing where the hauled water will be obtained.
Department of Public Health & Environment)
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. The
plan shall include at a minimum, the following:
1. A list of wastes which are expected to be generated on 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 site.
3. The waste handler and facility where the waste will be disposed (including the facility
name, address, and phone number).
Written evidence of such shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
J. The applicant will sign and collateralize an Improvements Agreement that 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
K. The applicant will provide an acceptable Final Drainage Report
Written evidence of Public Works approval shall be provided to the Department of Planning
Services. (Department of Planning Services)
L. The applicant will provide an acceptable Final Traffic Study (Department of Public Works)
Written evidence of Public Works approval shall be provided to the Department of Planning
Services. (Department of Planning Services)
M. The Colorado Department of Transportation(CDOT)has jurisdiction over all State highways.
Please 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 intersection of State Highway 71 with CR
132 and CR 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. (Department of Public Works)
N. The applicant shall submit written evidence to the Department of Planning Services that
Federal Aviation Administration (FAA)requirements have been met for the proposed facility.
(Department of Planning Services)
Resolution USR-1723
Cedar Creek II LLC
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O. 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.
Delineating drill envelopes on the plat can be submitted to the Department of Planning
Services in lieu of agreement as evidence of an adequate attempt. (Department of Planning
Services)
P. The applicant shall provide written evidence from the applicable (Pawnee and Southeast
Weld) Fire Protection District that there is adequate access for emergency equipment and
the width, usually twenty(20)feet, is adequate and designed for appropriate weight capacity.
(Department of Planning Services)
Q. The applicants shall provide written evidence from the applicable Fire Protection District
(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
applicants shall submit plot plans to the applicable Fire Protection Districts for their review
and comment. (Department of Planning Services)
3. Upon completion of 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 Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Sections 21-3-330.B.3 and 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. (Department of Planning Services)
4. The Plat shall delineate the following:
A. All sheets shall be prepared in accordance with Sections 21-3-330.8.3 and 4 of the Weld
County Code. (Department of Planning Services)
B. All sheets shall be labeled USR-1723. (Department of Planning Services)
C. The Development Standards associated with this application shall be set forth on the plat.
(Department of Planning Services)
D. Final locations of wind turbines shall be delineated on the plat. (Department of Planning
Services)
E. The final transmission line alignment as approved by the Board of County Commissioners
shall be delineated on the plat. (Department of Planning Services)
F. The boundaries of USR-1723 shall not overlap the boundaries of USR-1213(located on 5.5
acres in the NE4 of Section 21 and the NW4 of Section 22 T11 R57W).
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, timing... regarding
construction of the site. (Department of Planning Services/Department of Public Works)
B. The applicant shall obtain a grading permit for any project improvements that disturb more
than one acre of land. The grading permit application shall include an erosion and sediment
control plan, a grading plan, installation details for BMPs to be used, and a copy of the
stormwater construction permit from the Colorado Department of Public Health and
Environment. Please note that construction activities will not be allowed to begin until the
Resolution USR-1723
Cedar Creek II LLC
Page 6
Improvements Agreement has been signed and collateral posted, and a grading permit has
been issued. (Department of Public Works)
C. The applicant shall obtain overweight and/or over width special transport permits from Public
Works for all applicable trucks. Please contact Amy Burry at 970-381-3779 if there are any
questions re: the special transport permits. The applicant shall obtain access permits from
Public Works for all temporary and permanent accesses. Please contact Janet Carter at
970-304-6496 ext 3726 if there are any questions regarding the access permits.(Department
of Public Works) (Department of Public Works)
D. The applicant shall obtain right of way permits before installation and/or construction of any
above ground or buried features in or crossing Weld County road rights-of-way. (Department
of Public Works)
E. The applicant shall provide three (3) gravel stockpile locations and stock each with 1,000
cubic yards of gravel that can be used for road repairs. (Department of Public Works)
F. The applicant shall provide evidence showing that an on-call contractor has been contracted
to handle emergency road repairs. (Department of Public Works)
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. (Department of Planning Services)
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.
(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 site. (Department of Building Inspection)
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. (Department of Building Inspection)
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 has been adopted by Weld County: 2006
International Building Code; 2006 International Mechanical Code; 2006 International
Plumbing Code; 2006 International Fuel Gas Code; and the 2008 National Electrical Code,
2006 International Energy Code and Chapter 29 of the Weld County Code. (Department of
Building Inspection)
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 and shall bear the seal
and signature of the architect or engineer of the sub-discipline. (Department of Building
Inspection)
Resolution USR-1723
Cedar Creek II LLC
Page 7
F. The structure will be classified as a U(Turbine)occupancy. The maintenance structures and
offices will be 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
Chapter 23 of the Weld County Code. (Department of Building Inspection)
G. All building plans shall be submitted to the applicable Fire Protection District(Southeast Weld
or Pawnee) for review and approval. (Department of Building Inspection)
H. The applicant shall submit written evidence detailing where the hauled water will be obtained.
(Department of Public Health & Environment)
7. One month prior to construction activities:
A. A State stormwater discharge permit may 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. Contact the Water Quality Control Division of the Colorado
Department of Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit for
application more information. (Department of Public Health and Environment)
8. Prior to issuance of Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed temporary office trailer
complex and the permanent 0 & M Building and shall be installed according to the Weld
County Individual Sewage Disposal Regulations. (Department of Public Health and
Environment)
B. The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
Motion seconded by Bill Hall.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
Resolution USR-1723
Cedar Creek II LLC
Page 8
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on May 18, 2010.
Dated the 18th of May, 2010.
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CEDAR CREEK WIND ENERGY II, LLC
USR-1723
1. A Site Specific Development Plan and Use by Special Review Permit 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health &
Environment)
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, 30-20-100.5, C.R.S., as amended. (Department of Public Health& Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate conditions, blowing debris and other potential nuisance conditions. (Department of
Public Health & Environment)
6. The applicant shall operate in accordance with the approved "waste handling plan". (Department of
Planning Services)
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. (Department of Public
Health & Environment)
8. The applicant shall adhere to the maximum permissible noise levels allowed in the industrial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health &
Environment)
9. A permanent, adequate water supply shall be provided for drinking and sanitary purposes for the
permanent facility. (Department of Public Health and Environment)
10. This application is proposing a well as its source of water. The applicant should be made aware that
while they may be able 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, etc.Also,the applicant should be made aware that groundwater may not meet all drinking water
standards as defined by the Colorado Department of Public Health & Environment. We strongly
encourage the applicant to test their drinking water prior to consumption and periodically test it over
time. (Department of Public Health & Environment)
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
Systems. (Department of Public Health & Environment)
12. Bottled water shall be utilized for drinking during construction of the project. (Department of Public
Health & Environment)
13. Adequate portable toilet facilities(portable toilets)and hand washing units shall be provided during the
construction of the project. (Department of Public Health & Environment)
Resolution USR-1723
Cedar Creek II LLC
Page 10
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.(Department of Public Health
& Environment)
15. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health & Environment)
16. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health &
Environment)
17. Any time the applicant would 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. Contact Amy Burry, Weld County Public
Works Department, P.O. Box 758, Greeley, Colorado, 80632 at(970)381-3779. This permit shall be
in place prior to any work being done within the right-of-way. (Department of Public Works)
18. The applicant will comply with the terms and conditions of the Improvements Agreement. (Department
of Public Works)
19. There will be no staging or parking of equipment or vehicles on maintained county roads. Utilize on-
site locations and private rights-of-way. (Department of Public Works)
20. 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, please contact the Weld County
Department of Public Works to adequately size the culvert. (Department of Public Works)
21. The location of access roads shall be addressed in the Improvements Agreement and through the
access permitting process. (Department of Public Works)
22. Adequate turning radiuses shall be installed at all entrances to accommodate large truck movement.
(Department of Public Works)
23. The off-street parking and loading zones shall be surfaced with gravel or the equivalent and shall be
graded to prevent drainage problems. (Department of Public Works)
24. 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. (Department of Public Works)
25. Utilize the MUTCD Traffic Manual to appropriately sign construction zones and crossings adjacent to
county roads. (Department of Public Works)
26. The historical flow patterns and run-off amounts will be maintained on 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 run-off rate and velocity increases, diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
27. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
28. The applicant shall utilize an erosion control plan until vegetation is established in disturbed areas.
(Department of Public Works)
29. Tracking pads are required at all construction locations where there are 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 on existing county roads contaminating the existing gravel road(s)
with mud and debris. (Department of Public Works)
Resolution USR-1723
Cedar Creek II LLC
Page 11
30. A building permit shall be obtained prior to the construction of the wind turbines and any other
buildings or structures on site. (Department of Building Inspection)
31. In areas where sensitive historic, paleontological, or archeological resources are known to occur the
applicant will coordinate with State Historic Preservation Office to conduct on-site preconstruction
surveys or monitor during construction to minimize and/or avoid impacts to cultural resources.
(Department of Planning Services)
32. Construction and development of the site shall be mitigated in accordance with the Construction
Practices and Mitigation Measures as outlined in the application materials. (Department of Planning
Services)
33. 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. (Department of Planning Services)
34. 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.
(Ordinance 2005-8 Section 5-8-40)
35. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
36. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
37. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code.
38. Personnel from Weld County Government 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. (Department of
Planning Services)
39. The 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.
40. 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.
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Robert Grand, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1723
APPLICANT: Cedar Creek II LLC
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Major
Facility of a Public Utility(A wind energy facility with a generating capacity up to
250.5 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, 1-3 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.
LEGAL DESCRIPTION: Wind Energy Facility Transmission Line of the 6th P.M., Weld County, Colorado.
LOCATION: Wind Generator facility is generally located in an irregularly shaped area south of
and adjacent to CR 138; North of and adjacent to CR 120 and west of CR 153.
The section of transmission line lying outside of the boundaries of the Wind
Generator Facility is located north of CR 118 and west of and adjacent to CR 382.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Chapter 21 of the
Weld County Code
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
21-3-340. A of the Weld County Code, as follows:
Section 21-3-340.A.1 — The health, welfare and safety of the citizens of the County will be protected
• and served.
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
health, safety, and welfare of the inhabitants of the neighborhood and County.
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 would be disturbed on long-term basis by the wind generator facility and approximately
1 acre of the site would be disturbed on a long-term basis by the transmission line. No more than 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 can 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 of the project and
employ approximately 12-14 people during the operating life of the project. The site is located in an
Economic Empowerment Zone established by the State of Colorado.The project would represent an
investment of approximately two-hundred fifty($250)million dollars and generate additional tax base
for the county through additional property tax revenues. Also, money would be generated for the 26
property owners with wind generators on their property through royalties and the 9 property owners
through which the interconnection transmission line would run would receive option and lump sum
easement payments.
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 g
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. �^0
2010-1002 ...wa.
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Cedar Creek II LLC
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• 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 would install 20 miles of transmission line running approximately 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 review of the above criteria, the selected route minimally impacted area buildings and
• residences and the existing Cedar Creek turbine arrays. In addition, this route was selected based
on land 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, would be avoided where
possible.
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
that 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 would be conducted as relevant to inform and refine siting before the
final infrastructure layout is submitted to Weld County prior to construction.
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.3 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 states: "Support and encourage research, development and use of
alternative energy resources."
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• Section 22-5-140.A. AE.Policy 1.3. states: "Support the commercial development and use of wind
energy."
The proposed project is located outside of the 3-mile referral area as well as any intergovernmental
agreement area of any municipality.
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 also proposes to work cooperatively with the New Raymer Fire Protection District to
ensure adequate fire protection.The proposed wind farm and supporting improvements would employ
approximately 12-14 people during the operating life of the project will not generate significant
demands on community services such as the school district. In the short-term up to 250 short-term
employees will be involved in 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.
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 12-14 full-time employees are anticipated for this site. The greatest demand/impact on
government services (specifically County roads)will occur doing construction of the project. All of
the materials for the Project would be transported to the site during construction by truck. These
deliveries would 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 that they will work with
• Weld County Public Works to ensure the proper maintenance and repair of all roads used by the
project and will post adequate collateral for a retainer should roads require immediate repair.
The Weld County Public Works Department 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
would require acceptance by the Board of County Commissioners. This is attached as a condition
of approval of this project.
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 would 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 a condition of approval for this application.
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 Resources, in their 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 onsite operations and maintenance facility.
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• 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 applicants have 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 rights-
of-way agreement with the exception of the state sections. The applicant anticipates having these
rights-of-way agreement in place by April 2010.
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 & maintenance building)will be obtained via a proposed
commercial well and sewer will be provided by individual septic system. Electric, gas and telephone
are in the area.
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 State of 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 requests a review of
the wind turbine locations prior to placement. Additionally CDOW requests that construction occur
between July 15th and December 15th and that any associated 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 letter 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 0.25 mile
(1,320 feet) setback or a 0.50 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, we do not
see the need to uniformly restrict the 1,000-foot corridors as they currently exist. 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 their referral letter dated December 7, 2009. Items listed included but were not
limited to:
• Concerns that the transmission line would pass within 0.5 miles of Golden Eagle nests.
• Strongly recommends 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 re: 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 US Fish &Wildlife referrals. Correspondence submitted to the Department of
Planning Services by the applicant, as well as by the referral agencies, indicates that discussions are
Resolution USR-1723
Cedar Creek II LLC
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• ongoing re: outstanding issues and concerns. Therefore, the Department of Planning Services has
attached two conditions of approval that the applicant demonstrates attempted compliance with the
recommendations of CDOW and US Fish &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. Not one of these sites is eligible for listing in the
National Register of Historic Places. A cultural resource survey would 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.
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. 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 would 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 would provide evidence of an Air Pollution Emission Notice (APEN) and
Emissions Permit application from Colorado Department of Public Health & Environment's Air
Pollution Control Division for the concrete batch plant to Weld County prior to the initiation of
• construction activities.
The applicant indicates that they will submit a Stormwater Management Plan designed to meet
the requirements of the Colorado Department of Public Health & Environment Construction
Stormwater Discharge Permit. The plan will include best management practices such as retention
ponds, sedimentation control measures, and covering of exposed soils.
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 would be located on a plateau. The application indicates that the facility
(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 would 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—would be avoided.
Section 21-3-340.A.16—The existing water quality of affected state waters will not be degraded below
state and federal standards or established baseline levels.
The existing water quality of affected state waters will not be degraded below state and federal
standards or established baseline levels by the project.
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.
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• According to the application, Subsurface drainage would not be impacted by the proposed wind
energy facility. Erosion and discharge of pollutants from the proposed Project would be minimized
through implementation of a Storm Water Management Plan.
The application indicates that the transmission line would cross Two Mile Creek and
several unnamed drainage ways. Construction of the Project would not create runoff in excess of
historic site levels and would not change existing topography or adversely affect drainage. There
would be no alteration in the pattern or intensity of surface drainage as a result of construction
and operation of the interconnection facility.
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.
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, etc. 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 indicates 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 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, etc..., with approval by the Board of County
Commissioners. The Department of Planning Services has attached a condition of approval that
outstanding transmission rights-of-way agreements be finalized prior to recording the plat.
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 the site by natural causes or
forces.
c. Containment of inflammable or explosive liquids, solids or gases.
The proposed project will not present an unreasonable risk of exposure to or release of toxic or
hazardous substances within the impact area. The Environmental Health Department is requiring that
a waste handling plan be submitted as a condition of approval.
Section 21-3-340.A.21 — The scope and nature of the proposed project will not unnecessarily
duplicate existing services within the County.
• 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.
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• 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
in the Front Range Area. Weld County(especially the Southwest Weld County 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 2015 and an additional 1,000 MW of wind generation by 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 2004, Colorado voters passed Amendment 37, the Renewable Energy Requirement. This
initiative requires that the state's largest utilities obtain a minimum of 3 percent of their
electricity from renewable energy resources by 2007, 6 percent by 2011, and 10 percent by
2015. More recently in March of 2007, House Bill 1281 was passed in Colorado. This bill
increased the renewable energy requirement in Colorado from 10 percent to 20 percent for
PSCo and extended the deadline for compliance from 2015 to 2020. Furthermore, Senate Bill 100
expanded the renewable portfolio standard to include a 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
Furthermore, Senate Bill 100 expanded the renewable portfolio standard to include a 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 2020.
State requirements and federal tax incentives have generated high demand for renewable energy
(including wind energy) in Colorado.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
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. (Department of Planning
Services)
B. The applicant shall demonstrate attempted compliance with the Colorado Division of Wildlife as
stated in their referral dated/received December 7, 2009. (Colorado Division of Wildlife)
•
C. The applicant shall demonstrate attempted compliance with the United States Fish and Wildlife
Service as stated in their referral received December 7, 2009. (United States Fish and Wildlife)
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• D. The applicant shall submit four (4) copies of a decommissioning plan to the Department of
Planning Services for review and approval. (Department of Planning Services)
E. The applicant shall submit a dust abatement plan, on site dust, for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
(Department of Public Health & 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 Division, Colorado Department of
Health and Environment for the concrete batch plants and any other operations required by
CDPHE to have an APEN. (Department of Public Health & Environment)
G. In the event washing of vehicles or equipment will occur on 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 should be designated on the plat.
(Department of Public Health & Environment)
H. The applicant shall submit written evidence detailing where the hauled water will be obtained.
Department of Public Health & Environment)
I. 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. The plan
shall include at a minimum, the following:
1. A list of wastes which are expected to be generated on 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 site.
3. The waste handler and facility where the waste will be disposed (including the facility
name, address, and phone number).
Written evidence of such shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
J. An Improvements Agreement will address the following issues (Department of Public Works):
1. Collateral
2. An acceptable Final Drainage Report
3. An acceptable Final Traffic Study
4. Construction drawings
5. Construction schedule
6. Haul routes
7. Haul route amendment process
K. Weld County Public Works has received a Traffic Study for USR-1723 Cedar Creek II Wind
Farm prepared and stamped by Eugene Coppola, P.E. After reviewing the project site the
following comments must be reviewed and accepted by Public Works:
1. The Colorado Department of Transportation (CDOT) has jurisdiction over all State highways.
Please 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 intersection of State Highway 71 with CR
132 and CR 120 to accommodate traffic from the Cedar Creek II project. A stop sign will be
• required to be installed at all project accesses before traffic will enter onto weld county
roadways.
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• Written evidence of Public Works approval shall be provided to the Department of Planning
Services. (Department of Planning Services)
L. The applicant shall submit written evidence to the Department of Planning Services that
Federal Aviation Administration(FM)requirements have been met for the proposed facility.
(Department of Planning Services)
M. 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.
Delineating drill envelopes on the plat can be submitted to the Department of Planning
Services in lieu of agreement as evidence of an adequate attempt. (Department of Planning
Services)
N. The applicant shall provide written evidence from the applicable (Pawnee and Southeast
Weld) Fire Protection District that there is adequate access for emergency equipment and
the width, usually twenty(20)feet, is adequate and designed for appropriate weight capacity.
(Department of Planning Services)
O. The applicants shall provide written evidence from the applicable Fire Protection District
(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
applicants shall submit plot plans to the applicable Fire Protection Districts for their review
and comment. (Department of Planning Services)
3. Upon completion of 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 Department of Planning Services' Staff. The plat shall be prepared in
•
accordance with the requirements of Section 23-2-260.D 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.
(Department of Planning Services)
4. The Plat shall delineate the following:
A. All sheets shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
B. All sheets shall be labeled USR-1723. (Department of Planning Services)
C. The Development Standards associated with this application shall be set forth on the plat.
(Department of Planning Services)
D. Final locations of wind turbines shall be delineated on the plat. (Department of Planning
Services)
E. The final transmission alignment as approved by the Board of County Commissioners shall
be delineated on the plat. (Department of Planning Services)
F. The boundaries of USR-1723 shall not overlap the boundaries of USR-1213(located on 5.5
acres in the NE4 of Section 21 and the NW4 of Section 22 T11 R57W).
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, timing... regarding
construction of the site. (Department of Planning Services/Department of Public Works)
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• B. The applicant shall obtain a grading permit for any project improvements that disturb more
than one acre of land. The grading permit application shall include an erosion and sediment
control plan, a grading plan, installation details for BMPs to be used, and a copy of the
stormwater construction permit from the Colorado Department of Public Health and
Environment. Please note that construction activities will not be allowed to begin until a
grading permit has been issued. (Department of Public Works)
C. The applicant shall obtain overweight and/or over width special transport permits from Public
Works for all applicable trucks. Please contact Amy Burry at 970-381-3779 if there are any
questions re: the special transport permits. (Department of Public Works)
D. The applicant shall obtain right of way permits before installation and/or construction of any
above ground or buried features in or crossing Weld County road rights-of-way. (Department
of Public Works)
E. The applicant shall provide three (3) gravel stockpile locations and stock each with 1,000
cubic yards of gravel that can be used for road repairs. (Department of Public Works)
F. The applicant shall provide evidence showing that an on-call contractor has been contacted
to handle emergency road repairs. (Department of Public Works)
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. (Department of Planning Services)
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.
(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 site. (Department of Building Inspection)
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. (Department of Building Inspection)
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. (check what was received
for USR-1562)
D. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2006
International Building Code; 2006 International Mechanical Code; 2006 International
Plumbing Code; 2006 International Fuel Gas Code; and the 2008 National Electrical Code,
2006 International Energy Code and Chapter 29 of the Weld County Code. (Department of
Building Inspection)
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 and shall bear the seal
and signature of the architect or engineer of the sub-discipline. (Department of Building
Inspection)
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• F. The structure will probably be classified as a U (Turbine) occupancy. The maintenance
structures and offices will be 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 Chapter 23 of the Weld County Code. (Department of Building Inspection)
G. All building plans shall be submitted to the applicable Fire Protection District(Southeast Weld
or Pawnee) for review and approval. (Department of Building Inspection)
H. The applicant shall submit written evidence from the Colorado Division of Water Resources,
demonstrating that an individual well is or can be appropriately permitted for the commercial
use. (Department of Public Health & Environment)
7. One month prior to construction activities:
A. A stormwater discharge permit may 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. Contact the Water Quality Control
Division of the Colorado Department of Public Health and Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public Health
and Environment)
8. Prior to issuance of Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed temporary office trailer
complex and the permanent 0 & M Building and shall be installed according to the Weld
County Individual Sewage Disposal Regulations. (Department of Public Health and
• Environment)
B. The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
Motion seconded by Erich Ehrlich.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
•
Resolution USR-1723
Cedar Creek II LLC
Page 12
•
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on March 16, 2010.
Dated the 16th of March, 2010.
Kristine Ranslem
Secretary
•
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• CEDAR CREEK WIND ENERGY II, LLC
USR-1723
1. A Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public
Utility(A wind energy facility with a generating capacity up to 300 megawatts(MW)along with a 230-
kilovolt(kV)electric transmission line, 1 substation, 1-3 permanent 80-meter meteorological towers,
along with one (1) temporary batch plant and construction facilities), as indicated in the application
materials on file in the Department of Planning Services and subject to the Development Standards
stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health &
Environment)
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, 30-20-100.5, C.R.S., as amended. (Department of Public Health& Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate conditions, blowing debris and other potential nuisance conditions. (Department of
Public Health & Environment)
• 6. The applicant shall operate in accordance with the approved "waste handling plan". (Department of
Planning Services)
7. Fugitive dust and fugitive particulate emissions shall be controlled along the construction route as well
as after construction is completed. The facility shall be operated in accordance with the approved
"dust abatement plan" at all times. (Department of Public Health & Environment)
8. The applicant shall adhere to the maximum permissible noise levels allowed in the industrial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health &
Environment)
9. A permanent, adequate water supply shall be provided for drinking and sanitary purposes for the
permanent facility. (Department of Public Health and Environment)
10. This application is proposing a well as its source of water. The applicant should be made aware that
while they may be able 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, etc.Also, the applicant should be made aware that groundwater may not meet all drinking water
standards as defined by the Colorado Department of Public Health & Environment. We strongly
encourage the applicant to test their drinking water prior to consumption and periodically test it over
time. (Department of Public Health & Environment)
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
Systems. (Department of Public Health & Environment)
12. Bottled water shall be utilized for drinking during construction of the project. (Department of Public
• Health & Environment)
13. Adequate portable toilet facilities(portable toilets)and hand washing units shall be provided during the
construction of the project. (Department of Public Health & Environment)
Resolution USR-1723
Cedar Creek II
Page 14
• 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. (Department of Public Health
& Environment)
15. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health & Environment)
16. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health &
Environment)
17. Any time the applicant would 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. Contact Amy Burry, Weld County Public
Works Department, P.O. Box 758, Greeley, Colorado, 80632 at(970)381-3779. This permit shall be
in place prior to any work being done within the right-of-way. (Department of Public Works)
18. The Developer will comply with the terms and conditions of the Improvements Agreement.
(Department of Public Works)
19. There will be no staging or parking of equipment or vehicles on maintained county roads. Utilize on-
site locations and private rights-of-way. (Department of Public Works)
20. 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, please contact the Weld County
Department of Public Works to adequately size the culvert. (Department of Public Works)
• 21. The location of access roads shall be addressed in the Improvements Agreement and through the
access permitting process. (Department of Public Works)
22. Adequate turning radiuses shall be installed at all entrances to accommodate large truck movement.
(Department of Public Works)
23. The off-street parking and loading zones shall be surfaced with gravel or the equivalent and shall be
graded to prevent drainage problems. (Department of Public Works)
24. 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. (Department of Public Works)
25. Utilize the(MUTCD) Traffic Manual to appropriately sign construction zones and crossings adjacent to
county roads. (Department of Public Works)
26. The historical flow patterns and run-off amounts will be maintained on 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 run-off rate and velocity increases, diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
27. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
28. The applicant shall utilize an erosion control plans until vegetation is established in the area.
(Department of Public Works)
•
Resolution USR-1723
Cedar Creek II
Page 15
• 29. Tracking pads are required at all construction locations where there is heavy traffic coming from the
site onto a County road. The purpose of the tracking pads is to keep mud and debris from leaving the
site and tracking on existing county roads contaminating the existing gravel road(s) with mud and
debris. (Department of Public Works)
30. A building permit shall be obtained prior to the construction of the wind turbines and any other
buildings or structures on site. (Department of Building Inspection)
31. In areas where sensitive historic, paleontological, or archeological resources are known to occur the
applicant will coordinate with State Historic Preservation Office to conduct on-site preconstruction
surveys or monitor during construction to minimize and/or avoid impacts to cultural resources.
(Department of Planning Services)
32. Construction and development of the site shall be mitigated in accordance with the Construction
Practices and Mitigation Measures as outlined in the application materials. (Department of Planning
Services)
33. 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. (Department of Planning Services)
34. 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.
(Ordinance 2005-8 Section 5-8-40)
35. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
• 36. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
37. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code.
38. Personnel from Weld County Government 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. (Department of
Planning Services)
39. The 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.
40. 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.
•
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 18, 2010
A special meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting was called to order
by Chair, Tom Holton, at 1:30 p.m.
ROLL CALL ABSENT
Tom Holton - Chair
Mark Lawley-Vice Chair
Nick Berryman
Erich Ehrlich
Robert Grand
Bill Hall
Roy Spitzer
Alexander Zauder
Jason Maxey
Also Present: Chris Gathman, Department of Planning Services; Don Carroll, Department of Public
Works; Lauren Light, Department of Health; Bruce Barker, County Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the May 4, 2010 Weld County Planning Commission minutes, seconded
by Alexander Zauder. Motion carried.
The Chair read the case into record.
CASE NUMBER: USR-1723
APPLICANT: Cedar Creek II, LLC
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Major
Facility of a Public Utility(a wind energy facility with a generating capacity up to
250.8 megawatts (MVV) 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.
LEGAL DESCRIPTION: Wind Energy Facility
T10N R57W Section 6
T10N R58W Sections 1, 2, 3, 4, 5
T11N R56W, Sections 5, 6, 8, 17
T11N R57W 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
T11N R58W Sections 3, 4, 10, 11, 12, 13, 14, 15, 16, 24, 25, 27, 34, 36
T12N R56W Sections 28, 32, 33
T12N R57W Sections 34, 36
Transmission Line
T10N R58W Sections 1, 2, 3, 4, 5, 7, 8, 9
T10N R59W Sections 4, 9, 10, 11, 12
T10N R59W Sections 5, 6
T10N R60W Section 2
T11N R57W Section 7
T11N R58W Sections 12, 13, 24, 25, 36
T11N R59W Sections 31, 32
C
T11 N R60W Sections 35, 36
of the 6th P.M., Weld County, Colorado.
LOCATION: Wind Generator facility is generally located in an irregularly shaped area south of
and adjacent to CR 138.5; North of and adjacent to CR 120 and west of CR 153.
The section of transmission line lying outside of the boundaries of the Wind
Generator Facility is located north of CR 118 and east of and adjacent to CR 382.
Chris Gathman, Planning Services, commented that this case was originally heard by the Planning
Commission on March 16, 2010. The purpose of this hearing is to address re-notification of this case for
legal purposes as well as some minor modifications to the application.
The applicants have slightly modified the location of the transmission line at the very southwest corner to
keep it out of some existing oil and gas drill envelopes. Additionally, the applicant is proposing two (2)
additional meteorological towers associated with this facility. The original application indicated up to three
(3) towers and now they are proposing a total of up to five (5) towers.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
David Gonzales, Senior Wind Developer for BP Wind, commented that they feel they have a project that
has addressed everyone's concerns and look forward to being a member of the business community.
The Chair asked the applicant if they read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Robert Grand moved that Case USR-1723, be forwarded to the Board of County Commissioners along
with the Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich, absent; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, yes; Jason
Maxey, yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
Meeting adjourned at 1:41 p.m.
Respectfully submitted,
fL1 . I,
Kristine Ranslem
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION SPECIAL MEETING
•
Tuesday, March 16, 2010
A special meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting was called to order by
Chair, Tom Holton, at 1:30 p.m.
ROLL CALL ABSENT
Tom Holton
Mark Lawley
Nick Berryman
Erich Ehrlich
Robert Grand r ,
Bill Hall F' N ✓,
Roy Spitzer
Alexander Zauder c'
Jason Maxey
Also Present: Chris Gathman, Department of Planning Services; Don Carroll, Janet Carter, Clay Kimmi, and
Dave Bauer, Department of Public Works; Lauren Light, Department of Health; Cyndy Giauque, County
Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the March 2,2010 Weld County Planning Commission minutes, seconded by
Alexander Zauder. Motion carried.
,EXHIBIT
• The Chair read the case into record G
CASE NUMBER: USR-1723
APPLICANT: Cedar Creek II (BP Wind Energy North America Inc.) �d� ''I
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Major
Facility of a Public Utility(A wind energy facility with a generating capacity up to
250.5 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, 1-3 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.
LEGAL DESCRIPTION: Wind Energy Facility Transmission Line of the 6th P.M.,Weld County, Colorado.
LOCATION: Wind Generator facility is generally located in an irregularly shaped area south of
and adjacent to CR 138; North of and adjacent to CR 120 and west of CR 153.
The section of transmission line lying outside of the boundaries of the Wind
Generator Facility is located north of CR 118 and west of and adjacent to CR 382.
Chris Gathman, Planning Services, stated that this is an application for a 1041 facility;therefore a hearing with
the Board of County Commissioners is also scheduled.
This facility is located east of the existing wind generator facility(Cedar Creek I) that was approved in 2006
under USR-1563. If approved, this proposed facility will be under separate ownership. The applicant is also
proposing a 230 kV transmission line that will connect this facility with the existing 72 mile transmission line
also approved in 2006 under USR-1562 that connects to the Keenesburg substation(an Excel energy power
grid).
One temporary batch plant construction staging area is proposed while the facility is constructed along with
one(1)permanent substation,and an operations and maintenance facility within the boundaries of this USR.
• The original application materials requested a wind generator facility for up to 300 MW to be built in three
phases within the boundaries of the wind farm. The applicant has since modified this request and is
requesting that this facility be built in one(1) phase in just over 250 megawatts with one substation site. Any
expansions of this facility in the future will require an amended or new Use by Special Review Permit.
Because it is to be built in one phase, up to 250 people will be involved with the construction stages of this
• project rather than 125 people, per the original phased approach.
The facility is proposed to be located on approximately 26,927 acres. Of this area, approximately 146 acres of
the site would be disturbed on a long term basis by the wind generator facility. The application indicates
approximately one acre of the site on the ground would be disturbed on a long term basis by the transmission
line facility.
The proposed wind farm facility is located at the eastern end (Pawnee Buttes Grasslands area) between
Cedar Creek I wind farm to the west and also another wind farm facility further east in Logan County. The
wind farm is predominately located on a bluff escarpment area that rises above lands to the south. The
majority of the area is grazing land and ranch land and there is also some crop land in the area as well.
The proposed substation and operations and maintenance building location along with the temporary
construction staging yard and batch plant area is located approximately 1/4 to '/ mile south of an existing
residence that is to the northwest. The owner of this residence also owns the land that this construction yard
and substation area is proposed to be placed upon.
Twenty-four referrals were sent to outside agencies; seven (7) referral agencies responded with comments
and one (1) referral agency responded without comment.
The applicant was directed to meet with outside referral agencies such as the Department of Defense,
Colorado Department of Transportation, Kimball County Nebraska,and Laramie County Wyoming in regard to
coordinating and addressing impacts on haul routes and roads associated with the construction of the facility.
The applicants were also directed to meet with the Colorado Division of Wildlife and U.S. Fish and Wildlife.
The applicant did provide summaries of these meetings or at a minimum a list of attendees and dates of
meetings with the application materials.
• Referral responses were not received from the Department of Defense, Colorado Department of
Transportation, Kimball County Nebraska and Laramie County Wyoming. Referral responses were received
from the Colorado Division of Wildlife and U.S. Fish and Wildlife and conditions of approval have been
incorporated that the applicant demonstrates an attempt to comply with the requirements of both of these
agencies.
Staff received an updated referral from the Colorado Division of Wildlife on March 8,2010. The applicant had
made some minor modifications to the corridors that are shown on the USR site and there were a couple of
areas where the diameter of the turbine blades would be going outside of the corridor areas. The Division of
Wildlife indicated no concerns with that given that those locations were not in sensitive areas in regard to
wildlife. They still wish to continue correspondence and meet with the applicant to address their conditions.
Five letters have been received from surrounding property owners in regard to this project. One letter from a
property owner near the eastern end, but not in the boundaries of the facility, expressed concerns along with
long term impact of the turbines and transmission line on the soils in the area. They also expressed concern
about the long term viability of wind energy in this area. The property owners were predominately concerned
about the wind generators encroaching on their runway. They wish to keep this runway area and are
concerned that any turbines could interfere with this.
Additional emails were received from four parties. These emails expressed support predominately due to
boost to the local economy. Also, another letter expressed support in the idea of having alternative energy in
general.
In regard to a power purchase agreement for this particular project,the applicant has indicated that at this time
it is not known if there is a power purchase agreement in place. There are some confidentiality issues as to
whether Excel Energy has accepted an agreement; therefore a condition of approval has been attached
• requiring evidence of a power purchase agreement or other form of evidence that power has been or will be
purchased for this facility prior to the commencement of any construction activities or hauling of materials in
regard to this project. Per the Weld County Code, if approved, the code states that construction or use
pursuant to approval of a Use by Special Review Permit shall be commenced within 3 years from the date of
approval unless otherwise specified by the Board of County Commissioners when issuing the original permit
or the permit shall be vacated.
• Staff attached a specific condition of approval that the applicant shall submit a decommissioning plan for
review and approval prior to recording the plat for this facility. This is in regard to if the facility goes away or
has to be removed at some future date.
The Department of Planning Services recommends approval of the application along with the attached
conditions of approval and development standards.
Mr. Gathman commented that there were some proposed modifications to staff comments that have been
attached in a memo. Most of those comments are in response to requests from the applicant. A lot of the
language is more for clarification purposes and is dealt with in criteria of approval. There are two items that
specifically address conditions of approval. One item addresses the fact that there is an existing Use by
Special Review permit in Section 22 where there is an existing guest ranch facility. This USR was approved in
1999 and Mr. Gathman indicated that you cannot have overlapping USR boundaries; therefore there is a
condition that the boundaries of this USR would go around this 5.5 acre parcel.
The other clarification is that the substation and also the tap area where they would tie into the 72 mile
transmission line are required to be approved through a Subdivision Exemption (SE) process. It is an
administrative process through the Department of Planning Services. That condition has not only been
clarified to include the substation area but also the tap area because they are leasing a one(1)acre site where
they will tap into the existing 72 mile transmission line.
In addition, Development Standard 1 originally read 300 megawatts and should be amended to 250
megawatts as proposed.
Lauren Light, Environmental Health, stated that in this case the construction will take up to a year and are
allowed to use portable toilets, handwashing units and bottled water because it is the construction aspect of it.
They will need permanent water and sewer for the operations and maintenance building. The application
• states that they will apply for a well and an engineered designed septic system for that building. The
application also states that water will be trucked in for dust control during construction and for the batch plant.
Since they are going to provide the well for the operations and maintenance building, staff has no concerns;
however the applicant will need to provide where the water being trucked in is coming from.
A dust control plan is required for the onsite dust during construction as well as after construction. A waste
handling plan is also required to ensure that there will not be any trash blowing around in that area. An air
emissions permit is required for the batch plant prior to the operation of that plant.
Don Carroll, Public Works, commented that the Improvements Agreement includes a maintenance agreement
for the designated haul routes that will be utilized during the construction of the facility. The Improvements
Agreement will require collateral to ensure the road repairs and road maintenance do not impact the level of
service for county roads and that following construction the roads are restored to the same original condition.
Public Works is requiring $500,000 in collateral to guarantee that this performance is in place.
The applicant shall obtain any over-weight, over-width or over-length special transport permits. These are the
permits which would allow them to bring in the tower sections, blades, substation units, construction trailers,
turbines and anything that is not a legal load.
BP Wind Energy representatives have met with the Department of Defense(Warren Air Force Base), Kimball
County Nebraska, Laramie County Wyoming, and CDOT in regard to haul routes. Additional coordination for
roads during construction will be required.
The applicant is proposing to haul water purchased from out of state suppliers for the concrete batch plant and
dust control during construction of the facility.
• Gravel is proposed to be hauled from out of state(Nebraska or Wyoming). The Improvements Agreement will
address all the haul routes. Approved haul routes are not yet in place;therefore staff is requiring this prior to
the Improvements Agreement to be able review it. Mr. Carroll added that they need to review the safety
issues in regard to access and how all the roads will work.
Public Works is requesting no more than three (3) emergency material stock piles for repair material of the
haul route roads that will be staged throughout the project. BP Wind Energy will have a contractor on-call 24/7
. for repairs. They will have 24 hours to acknowledge the problem and another 24 hours to repair the problem.
The high power transmission lines will be buried in the right-of-way and this will also require permits from
Public Works. The applicant shall obtain right-of-way permits before installation or construction of everything
in Weld County rights-of-way.
The applicant will have permanent or temporary access to County roads. The applicant will need to provide
how wide the access points are, any improvements to the intersections, and drainage culverts.
Mr. Carroll commented that they wish to work with the applicant on the permanent impacts such as access
and drainage at the substation site, the tower access roads and intersection to Weld County roads. In
addition,the applicant will need to interact with the Air Force on the use of roads for National Defense and the
location of utility lines, closure of roads or detours.
Public Works has not seen a construction schedule yet as well as construction drawings.
Mr. Carroll stated that the key things to have in place are the Improvements Agreement, post collateral, haul
routes, construction drawings and scheduling, and finalizing the traffic and drainage reports. He added that he
had worked with all the applicants during the Cedar Creek I project and said that there is a lot of traffic and
therefore there were road problems as these roads are not built for this type of traffic. He stressed that it can
be done but they need to stay on top of it.
Commissioner Holton referred to Page 13 Item Din regard to the assumption that trucks on gravel roadways
travel at an average speed of 30 mph and asked for clarification. Janet Carter, Public Works,commented that
in the traffic study the applicant proposed that they would have all their trucking for the project to travel at 30
mph. She responded that that number is an unrealistic estimate on any of the county roads. Ms. Carter said
• that the applicant has informed her that they will only be instructing their traffic to travel at 30 mph.
Commissioner Grand referred to Development Standard 26 in regard to noxious weeds and asked if this is in
regard to the entire parcel or just where the specific pads are located. Ms. Carter said that it is each individual
property where the lay down area is located.
Ms. Carter said that the applicant is proposing approximately 510 round trips per day with up to 115 peak hour
trips. Due to those large traffic volumes associated with this project, Public Works requested that they restrict
the traffic to the designated haul routes. No parking or staging of commercial vehicles on roadways is
requested and stop signs will be required at project accesses.
Public Works also requested that due to the increased traffic volume during the construction phase of the
project, County Road 132 between State Highway 71 and County Road 135 and also County Road 135
between County Roads132 and 130 be treated with magnesium chloride and all other routes that are
designated as haul routes be water treated so dust does not become an issue. The applicant will need to
obtain access permits for any and all permanent and temporary accesses on the county roadways.
Commissioner Lawley wished to clarify if the magnesium chloride is required on all of the haul routes. Ms.
Carter said that the magnesium chloride is only on the roads she just stated because those roads will trigger
over 200 trips per day. All of the other haul routes are requested to be treated with water. Mr. Lawley asked
why it isn't required when those other roads are still designated haul routes. Ms. Carter said that it could;
however it may be a requirement by the Board. She added that the amounts of traffic on the other portions of
the haul route may not be significant enough to reach the volume of 200 trips and it is also a sign of flexibility
to try and work with the applicant.
Ms. Carter stated that there is a meeting scheduled next week to discuss the designation of the haul route and
once that is determined they will be able to identify those roads that should be treated with magnesium
• chloride more clearly. This designation was made from what the applicant volunteered within their traffic
study.
Commissioner Berryman noted in the materials supplied by the applicant there was some disagreement with
employees using that haul route and asked where that stands today. Ms.Carter commented that the applicant
has indicated that they will instruct their employees to use the designated haul route; however if Public Works
notices any use on roadways that are not included in the haul route they would be requested to treat those
• roadways.
Clay Kimmi, Public Works, commented that they are asking for a final drainage report to address the red line
comments that staff provided. Detention of runoff at the substation and batch plant sites is required. There
will be two grading permits that are required prior to the start of construction. The applicant will need to supply
stormwater permits that they have obtained from the Colorado Department of Public Health and Environment.
Public Works is also requesting construction drawings on the detention ponds that the applicant will be
installing at the substation.
Commission Holton referred to the memo handed out by Mr. Gathman and asked to clarify the changes. Mr.
Gathman said that most of the changes are clarification points. He added that the major amendments are on
Page 13 regarding the addition of the Cedar Creek I substation tap. In addition, on Page 14, adding Item 4.F
in regard to no overlapping of the boundaries of USR-1723 and USR-1213. Mr. Gathman stated that he has
verified that this location is outside of the proposed turbine corridors as shown on their plan.
Commissioner Holton asked if the applicant has seen these changes. Mr. Gathman said that they have
received them prior to this meeting.
David Gonzalez, Senior Wind Developer for BP Wind Energy North America, commented that the landowner
participants will have a big benefit from the project. Their land,for the most part, is used for ranching currently
and can be a tough and difficult business. When the project is built, they will be receiving rental payments
from the turbines that are on their land. He added that most of the land is still available for ranching and the
cattle can roam right up to the base of the project.
Mr. Gonzalez stated that another benefit comes from the investment itself. He commented that they are
looking at an investment in excess of$300 million dollars in the area. This type of investment will kick off a lot
of tax dollars and will provide additional financial resources to the local school as well as Weld County.
•
Another benefit is job creation of approximately 250 jobs for construction and 12 to 14 permanent jobs during
commercial operation. Mr. Gonzales added that they will try to hire locally for the construction to the extent
that they can. This project will also create an increased demand to the local business community, such as the
gas stations,grocery stores, restaurants, hotels, etc. It will also create demand for local materials(i.e.gravel,
concrete, etc.).
Mr. Gonzales stated that they will be paying sales and use tax on the equipment which will benefit the State of
Colorado. This project has a variety of economic benefits tied to it.
This project will produce useful electricity which is used in all of our homes and businesses. That electricity
will be produced without producing any type of emissions. There will be no air or water pollution. Mr.
Gonzalez commented that when the wind blows the grid operator actually shuts back the fossil fuel plants and
so the emissions from those plants are removed from the air. Therefore this project will help Colorado meet
its legislative goals to have 20% renewable electricity by 2020. When this project is built, Colorado will
continue to be a leader in the renewable field.
Mr. Gonzalez commented that they recognize that this project has a lot of impact on organizations and people
in the area. Therefore they have taken a tremendous effort to reach out to some of those stakeholders. He
added that they have spent a lot of time working with the Planning Department and Weld County Public
Works. In addition to that, they have met with the Public Works Department in Laramie County Wyoming and
Kimball County, Nebraska several times as well as with the Towns of Grover and New Raymer and the New
Raymer Volunteer Fire Department.
Mr. Gonzalez commented that they hope they have a project acceptable to the community and will continue to
work with all the stakeholders and public entities involved in the project during the construction and operation
• of this development.
Commissioner Grand referred to a response from a gentleman who has concerns with regard to his property
with an airstrip and asked how the applicant plans to resolve this issue. Mr. Gonzalez said that they have
received all final FAA approvals and they have been sensitive in the spacing of the location of the turbines. He
added that they have also complied with all of the requirements with regard to setbacks according to the Weld
County Code.
• Mr. Grand asked if the gentleman will be able to use his facility. Mr. Gonzalez said that they have had ongoing
discussions with this gentleman and are hopeful that they can resolve this issue. He added that no agreement
has been reached yet; however they are sensitive to the matter and are willing to work something out.
Commissioner Maxey asked if the transmission line is overhead or underground. Mr. Gonzales said that the
230 kV line will be overhead and there will be some underground collections lines that are at a lower voltage
(34.5 kV).
Mr. Maxey asked what the easement widths are proposed for those lines. Mr. Gonzalez said that the 230 kV
line has a 150 foot easement during construction and then during commercial operation it is 100 feet.
Mr. Maxey asked what the safety measures are for marking those underground lines. Mr. Gonzales said that
they will comply with Weld County's request to mark those lines.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Janice Harms, 52715 CR 136, Pine Bluff,WY. Ms. Harms commented that they had land in the Cedar Creek I
project as well as this proposal. She added that normal traffic in that area might be one car per day so this
project does impact their roads. She expressed no problems or concerns with this project.
Tom Carr, Colorado Cattle Company, 70008 CR 132, commented that he owns the guest ranch previously
mentioned under USR-1213. The previous owner of the ranch wished to have a letter read into record. Mr.
Carr read the letter into record and provided a copy as evidence.
Mr. Carr stated that he purchased the property a week ago and had a concern initially about operating the
guest ranch and what the impact of turbines in an area where people expect an open range would be;
• however his guests were happy with the proposal and that the County and landowners were forward thinking
enough to look for renewable resources.
Matt Pollart, North Central District Manager of Colorado State Land Board. Mr. Pollart commented that on
December 18, 2009, the State Land Board approved issuance of a wind energy production lease to BP Wind
Energy North America Inc. on six different sections of state trust land in the project area. He added that the
State Land Board wished to express support for the application.
Monty Youngland commented that the airstrip is on his family's property. He added that it is not in use right
currently but it doesn't mean that it won't be in use in the future. Mr.Youngland commented that Mr.Gonzalez
made an offer and they have not come to an agreement yet; however he is pleased to hear that the applicant
is willing to work out a resolution to the matter. Mr. Youngland stated that he does oppose the wind farm as
he believes it is short-term.
Gary Scheffler,65295 CR 132, commented that the proposed substation is located on his land. He wanted to
note that that particular intersection has a lot of water runoff and said that when this project is designed some
culverts should be put in so it doesn't run across the road. He added that this water crosses his pasture and
wants to make sure that it will remain that way.
The Chair closed the public portion of the meeting.
The Chair called a recess at 2:37 pm and reconvened at 2:47 pm.
Commissioner Ehrlich asked the applicant to elaborate on the sustainability of the equipment. Mr. Gonzalez
said that one of the requirements of this approval is showing proof of a power purchase agreement. He added
that they are under contractual obligation to keep this facility running for at least 20 years. He said that they
• plan to be a long-term owner and operator. The equipment that is being purchased is commercially proven
and has been put into use in thousands of locations around the world. There is a long operating history
associated with this machinery. He stated that they feel comfortable that these assets will last at a minimum
of 20 years and are hopeful that it will last longer than that.
Commissioner Lawley referred to all the economic positives for Weld County and asked the applicant if they
are purchasing the products from Vestas. Mr. Gonzales said that they hope to start this summer and if they
do they will utilize some pre-existing contracts for the supply of the equipment. If they are not able to start
construction this summer it is possible that they could purchase the equipment from Vestas.
Commissioner Maxey referred to concerns of fish and wildlife and asked if there are plans for any avian
protection. Mr. Gonzalez said that they have spent a lot of time with the Division of Wildlife and U.S. Fish and
Wildlife and so they have incorporated their requests into this project. In addition to putting in buffers around
sensitive environmental habitats, they have talked about doing post monitoring after commercial operation.
Mr. Maxey asked what amount of noise comes from these units. Mr. Gonzales said that the noise is made
from the gear box and is between 55 and 60 decibels,which are at normal conversation levels. With distance
the sound dissipates; more of what you hear is the whooshing noise of the wind going over the blades.
Mr. Maxey asked for clarification from a previous comment regarding pollutants from other power plants and
added that this will not replace power plants. Mr. Gonzales said it will not replace power plants. He added
that when the wind is blowing and the wind farm starts producing electricity the grid operator starts scaling
back the existing facilities. Therefore, this will decrease the emissions produced from those plants.
Commissioner Holton referred to the amendments handed out by the applicant during the recess break and
asked if these are minimal changes or if these are substantial changes. Mr. Gathman stated that some of
them are substantial changes. Mr. Holton commented that perhaps this should be tabled until it is resolved by
staff and the applicants. Mr. Gathman said the changes proposed by the applicants were submitted to staff for
review last week. Several of the amendments,which Mr. Gathman agreed to, have been incorporated in the
memo that was handed out by staff at the beginning of the meeting. He added that there are a number of
items with regard to the Public Works section that they may not agree on.
Public Works asked for a recess to work out some of these issues with the applicants. The Chair recessed
the meeting at 3:07 pm and reconvened at 3:38 pm.
•
Dave Bauer, Public Works, commented that they have worked through the amendments and would like to
present them to the Planning Commission. A global change to the document is to change"Road Maintenance
Agreement"to"Improvements Agreement" because this project has onsite improvements for the substation
and the lay down yard.
The following are additional proposed changes:
Starting on Page 11,existing Condition of Approval 2.H would be moved to Condition of Approval 6.G, Prior to
Release of Building Permits. A new Condition of Approval 2.H shall be added which states"The applicant
shall submit written evidence detailing where the hauled water will be obtained".
Condition of Approval 2.J amend to read "An Improvements Agreement will address these following issues:
1. Collateral
2. An acceptable Final Drainage Report
3. An acceptable Final Traffic Study
4. Construction drawings
5. Construction schedule
6. Haul routes
7. Haul route amendment process
Conditions 2.K, 2.L, 2.M and most of 2.N would be deleted. Condition 2.N.k would remain attached.
Condition 2.P would be amended to replace"Public Services"with "Planning Services".
Condition 2.O is proposed to be moved to Condition 5.H
• On Page 18, Development Standard 18 would be amended to read"The Developer will comply with the terms
and conditions of the Improvements Agreement".
Development Standards 20 and 21 are proposed to be deleted.
Development Standard 23 is amended to read "The location of access roads shall be addressed in the
illImprovements Agreement and through the access permitting process".
Development Standard 31 will be amended to read"Tracking pads are required at all construction locations
where there is heavy traffic coming from the site onto a County road. The purpose of the tracking pads is to
keep mud and debris from leaving the site and tracking on existing county roads contaminating the existing
gravel road(s)with mud and debris".
The Chair asked the applicant if they are in agreement with the amended Development Standards and
Conditions of Approval. The applicant replied that they are in agreement.
Robert Grand moved to amend the Development Standards and Conditions of Approval as stated by staff,
seconded by Mark Lawley. Motion carried.
Robert Grand moved that Case USR-1723 be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Erich Ehrlich.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich, yes; Robert Grand, yes with comment; Bill Hall, yes; Alexander Zauder, yes;
Jason Maxey, yes; Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes with comment. Motion carried
unanimously.
Commissioner Grand commented that he comes from Keenesburg which is the south end of the power
distribution system and wished to thank the residents who participated with the Department of Defense
and with this process.
Commissioner Holton commented that he would like to see the issue of the airstrip resolved prior to the
Board of County Commissioner hearing.
The Chair asked the Planning Commission members if there was any new business to discuss. No one had
any further business to discuss.
Meeting adjourned at 3:51 pm.
Respectfully submitted, �� �_
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Kristine Ranslem
Secretary
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