The URL can be used to link to this page

Browse Search

Home My WebLink About20062076 INVENTORY OF ITEMS FOR CONSIDERATION Applicant Cedar Creek Wind Energy, LLC Case Number USR-1563 Submitted or Prepared Prior to At '. Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form X r Letter to Applicant X Legal Notifications X 2 Application X Maps X Deed/Easement Certificate Surrounding Property/Mineral Owners X Utilities 3 Referral List X Referrals without comment X 4 Referrals with comments X Weld County Department of Public Works referral received 6!15/2006 (4 pages) X Weld County Department of Public Health and Environment referral received X 7/6/2006 (3 pages) • Weld County Department of Building Inspection referral received 6/20/2006 X Pawnee Fire Protection District referral received 6!20/2006 X Colorado Division of Wildlife referral received 6/25/2006 (16 pages) X Colorado Division of Wildlife referral received 7/12/2006 X Town of Grover referral received 7/7!2006 X • 5 Surrounding Property Owners/Mineral Owners - Letters e;•7; 6 PC Exhibits 6A Sign posting affidavit (�,�,�.,� (��;,,,ht,, .•:) X ,.. 6B United States Department of the Interior—Fish and Wildlife Service referral X received 7!12/2006 ` 6C Letter from Gerald Craig received 7/17/2006 X I.- 6D Letter from Mildred McKee received 7/13/2006 X 6E Letter from Audubon Society dated July 18, 2006 X ; 6F Packet from Jim Sturrock X 7._—-1:Rerrning-2ornmtssien-Resoltution EMIT I _A 2006-2076 I hereby certify that the 16 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. e b—Hae"-- lly Chris Gathman + Planner LAND USE APPLICATION SUMMARY SHEET COLORADO Case Number USR-1563 Hearing Date: July 18, 2006 Applicant: Cedar Creek Wind Energy, LLC (Nelson Teague) Address: 310 4'" Street, Charlottesville, VA 22902 Request: A Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility (Up to 300 individual three-bladed wind turbine generators and up to three electrical substations and associated power lines) in the A (Agricultural) Zone District. Legal Description: Parts of Sections 19, 30, 31, 34 Township 11 North, Range 58 West; Parts of Sections 6, 7, Township 10 North, Range 59 West; Parts of Sections 16, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 34, 36 Township 11 North, Range 59 West; Parts of Sections 1, 2, 3, 4, 8, 9, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23, 28, 29, Township 10 North, Range 60 West; Parts of Sections 1, 2, 3, 4, 9, 10, 12, 14,15, 16, 17,20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 33, 34, 35, 36 Township 11 North, Range 60 West; Parts of Sections 25, 36, Township 12 North, Range 60 West of the 6th P.M., Weld County, Colorado. Location: Generally located in the area south of and adjacent to CR 138; North of and adjacent to r CR 114, East of and adjacent to CR 99 and west of CR 123. Size of Parcel: 31,670 +/-Acres (Approximately 118 acres of the site to be disturbed on long-term basis) POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Chapter 21 of the Weld County Code The Department of Planning Services' staff has received responses from the following agencies: • Weld County Department of Building Inspection referral received June 21, 2006 • Pawnee Fire Protection District referral received June 20, 2006 • Weld County Department of Public Health and Environment referral received July 6, 2006 • Weld County Department of Public Works referral received June 15, 2006 • Weld County Department of Building Inspection referral received June 20, 2006 • Colorado Division of Wildlife, referral received June 25, 2006 • Town of Grover referral received July 7, 2006 • United States Fish and Wildlife referral received July 12, 2006 The Department of Planning Services' staff has not received responses from the following agencies: • Weld County Code Compliance • Emergency Management Office • Weld County Sheriffs Office • Federal Aviation Administration • National Park Service- National Register • Weld County Sheriffs Office • Public Service of Colorado (XCEL) • State Land Board • Pawnee National Grasslands Cedar Creek Wind Energy LLC, page 1 SPECIAL REVIEW PERMIT 44*(11: ADMINISTRATIVE REVIEW '"DC. COLORADO PLANNER: C. Gathman Case Number USR-1563 Hearing Date: July 18, 2006 Applicant: Cedar Creek Wind Energy, LLC (Nelson Teague) Address: 310 4th Street, Charlottesville, VA 22902 Request: A Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility (Up to 300 individual three-bladed wind turbine generators and up to three electrical substations and associated power lines) in the A (Agricultural)Zone District. Legal Description: Parts of Sections 19, 30, 31, 34 Township 11 North, Range 58 West; Parts of Sections 6, 7, Township 10 North, Range 59 West; Parts of Sections 16, 21, 22,23, 24, 25, 26, 27,28, 29, 30, 31, 32, 34, 36 Township 11 North, Range 59 West; Parts of Sections 1, 2, 3, 4, 8, 9, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23, 28, 29, Township 10 North, Range 60 West; Parts of Sections 1, 2, 3, 4, 9, 10, 12, 14,15, 16, 17,20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 33, 34, 35, 36 Township 11 North, Range 60 West; Parts of Sections 25,36,Township 12 North, Range 60 West of the 6th P.M., Weld County, Colorado. Location: Generally located in an irregularly shaped area south of and adjacent to CR 138; North of and adjacent to CR 114, East of and adjacent to CR 99 and west of CR 123. Size of Parcel: 31,670 +1-Acres (Approximately 118 acres of the site to be disturbed on long-term basis) Parcel Number: Various THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED 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 Department of Planning Services's staff 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. Cedar Creek Wind Energy LLC, page 2 Section 21-3-340.A.2-The natural and socio-economic environment of the County will be protected and enhanced. As outlined in the application, approximately 118 acres of the site (out of a total site area of approximately 31,670 acres) will be disturbed on a long-term basis (turbines, access roads, substations and electrical system connections.). This is approximately 35-40% of the area to be disturbed on a short-term basis during construction. Wind turbines will be set back a minimum of 1,000 feet from adjacent homes and a minimum of 400 feet from existing roads and USR site boundaries. Impact on farming and ranching activities will be minimal as these activities can continue up to the base of the wind turbines. Section 21-3-340.A.3--All reasonable alternatives to the proposed action, including use of existing rights-of-way and joint use of rights-of-way wherever uses are compatible, have been adequately assessed and the proposed action is compatible with and represents the best interests of the people of the County and represents a fair and reasonable utilization of resources in the impact area. The location of the proposed facility was based upon consistent wind speeds and appropriate topography. The proposal is proposed to help meet the renewable energy mandate outlined under Amendment 37. Public Service has signed a Power Purchase Agreement with Greenlight Energy. Coal and/or gas power generating facilities would not satisfy the renewable energy requirement. Section 21-3-340.A.4--A satisfactory program to mitigate and minimize adverse impacts has been presented. The applicant is in the process of conducting site investigations and consultation with the Colorado Department of Wildlife and the U.S. Fish and Wildlife Service to determine the potential for the presence of state listed species and/or species of concern. Once studies are finalized the applicant indicates that they will develop mitigation measures including 1) some movement of turbines, roads or collection system components; 2) construction timing constraints to avoid breeding seasons in some areas for certain activities; 3) additional study of potential impacts and species reaction to the presence of the wind energy facility;and 4)provision of on-or offsite mitigation areas. Final locations for facility components and final mitigation measures will be determined prior to applying for building permit applications. 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 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. Grover is located to the west of the proposed windfarm facility. The Town of Grover, in their referral letter dated July 7, 2006, indicated their support for the project. 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 indicates that they will work with Public Works to ensure the proper maintenance and repair of all roads used by the project. The applicant will also propose to work cooperatively with the Pawnee Fire Protection District to ensure adequate fire protection. Only 15-20 long-term employees are proposed for the site and will not generate significant demands on community services such as the school district. In the short-term up to 200 short-term employees will be involved in the construction of the project. The site is located approximately 5 miles east of Grover, Colorado, approximately 60 miles southwest of Kimball, Nebraska, and approximately 55 northeast of Greeley, Colorado. Cedar Creek Wind Energy LLC, page 3 Section 21-3-340.A.7--The nature and location orexpansion 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 15-20 full-time employees are anticipated for this site. The Town of Grover indicated support for the project and indicated that the most important factor in maintaining support from the Town of Grover will be in adequately maintaining and servicing roads that will handle additional traffic to support the construction phase of the project. Section 21-3-340.A.8--The facility site orexpansion area is not in an area with general meteorological and climatological conditions which would unreasonably interfere with or obstruct normal operations and maintenance. The proposed site was selected because it has ideal meteorological and climatological conditions for wind generation. 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 applicant will be required to obtain a well permit through the Colorado Division of Water Resources for the permanent onsite operations and maintenance facility. The application states that the project will not impact hydrologic flow of either surface of either surface water or groundwater,nor will it affect groundwater recharge. Existing drainage patterns will be preserved. Permanent facilities would not be located in stream channels, appropriately sized culverts will be installed to maintain channel flow and morphology. Section 21-3-340.A.10--Adequate water supplies are available for facility needs. Bottled water will be used during construction of the facility and the applicant will be required to obtained a well permit through the Colorado Division of Water Resources for the onsite operations and maintenance facility. 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 property owners within the boundaries of the proposed site. Remaining agreements will be obtained once the Weld County permitting processes are complete. 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 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 June 25, 2006 staff reviewed the application and consulted with biologists, staff from the US Fish and Wildlife Service (USFWS), staff from the Colorado State Land Board(CLSLB)and biologists fro the Colorado Natural Area Program of Colorado State Parks. Additionally CDOW has met on numerous occasions with representatives from Greenlight Energy, Inc. CDOW notes that they are continuing a dialog with the applicant in an effort to resolve outstanding concerns, and are optimistic towards their willingness to Cedar Creek Wind Energy LLC,page 4 work cooperatively in minimizing risk to wildlife. However, in the opinion of CDOW there are ten significant issues to be resolved as of June 25, 2006. The applicant is still continuing to work with CDOW to develop mitigation measures that are compatible with project goals and that will minimize impacts to wildlife along the corridor. The application indicates that a cultural resource file search of the State Historic Preservation Office (SHPO)has been conducted for the project area. 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. 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. 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. 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 project area consists primarily of grassland,grazing land and some dry crop areas with few trees. There are also bluffs and escarpments along the western edge of the site and eastern area of the site. The applicants have indicated that they are proposing to place the wind turbines a minimum of 150-feet from the edge of the escarpment areas. The geological and topographic features will be adequate for the facility. 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. According to the application, there are intermittent drainages (Sidney Draw...)and ephemeral playa lakes within the proposed site. Wind turbine sites will be located outside of these areas. Existing drainage patterns are proposed to be preserved during the construction phase and long-term operation of the 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 118 acres of the 31,670 acre site. The wind turbines and associated operations as proposed will not interfere with existing oil and gas facilities. The applicants have been working with the US Fish and Wildlife Service and the Division of Wildlife regarding mitigating impacts to wildlife. The applicants are proposing measures such as setting wind turbines a minimum of 150-feet from the edge of the escarpment (a prime bird habitat), conducting pre-construction surveys for habitat and installing up to 15 bird nests. Cedar Creek Wind Energy LLC, page 5 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 fordrainage,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 have been obtained between Green light Energy,Inc.and 31 property 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. 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 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. 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 in response to PSCo's need for additional energy resources and desire to purchase wind energy. Electrical demand continues to increase in Colorado, largely as a result of continued growth and development along the Front Range. In December 2004, the Colorado Public Utilities Commission approved PSCo's 2003 Least-Cost Resource Plan, which included plans for a competitive solicitation to procure new energy resources. This Project will help fulfill PSCo's energy needs, as identified in the 2003 Plan. 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.The 10 percent renewable energy standard will reduce about 3 million metric tons of power plant CO2 emissions per year by 2025,which is a reduction of 4.5 percent below businesses - usual levels. This Project will help PSCo meet obligations related to the Renewable Energy Requirement. Cedar Creek Wnd Energy LLC,page 6 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. r The Department of Planning Services'staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording the plat. The completed plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 60 days of approval by the Planning Commission. (Department of Planning Services) 2. 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) 3. Prior to recording the plat: A. The applicant shall submit a dust abatement plan for periods of dry weather for roadways, parking areas and in areas where soil has been disturbed during construction. The plan shall be submitted for review and approval, to the Environmental Health Services, Weld County Department of Public Health and Environment. (Department of Public Health and Environment) B. 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) C. The applicant shall demonstrate attempted compliance with the Colorado Division of Wildlife as stated in their referral dated/received June 25, 2006 and July 12, 2006. (Department of Planning Services) D. The applicant shall demonstrate attempted compliance with the United States Fish and Wildlife Service as stated in their referral received July 12, 2006. (Department of Planning Services) E. The applicant shall provide current evidence that the facility has an adequate water supply (i.e., well or community water system). (Department of Planning Services/Department of Public Health & Environment) F. 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: A. A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). B. A list of the type and volume of chemicals expected to be stored on site. C. 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) Cedar Creek Wnd Energy LLC,page 7 E. The applicant shall vacate SUP-141 (Radio Towers-located within the NE4 of Section 21- T11 N-R60W) &USR-594 Gravel mining-located within the SE4 of Section 12-T10N-R60W) or amend the boundaries of USR-1563 to exclude the SUP-141 and USR-594 permit boundaries. (Department of Planning Services) F. The applicant shall identify a designated haul route from the nearest paved road to the office and substation(s). Written evidence that this haul route has been designated and accepted shall be provided to the Department of Planning Services. (Department of Public Works) G. To determine if a road right-of-way exists along a section line,determine the land patent date. The applicant shall complete a Nonexclusive License Agreement for the Upgrade and Maintenance of applicable Weld County Rights-of-Way. (Department of Public Works) H. The access width requirements for emergency equipment(fire department) is a minimum of 20-feet. The applicant indicated that it has been cleared with the fire department and emergency services that the width and weight capacity of the access lane shall be adequate for emergency purposes. The applicant shall provide written verification of such to the Department of Public Works. (Department of Public Works) The applicant shall attempt to address the requirements of the Pawnee Fire Protection District as stated in their referral dated June 8, 2006. (Pawnee Fire Protection District) J. The subdivision exemption plat for the proposed main substation shall be submitted for recording to the Department of Planning Services. (Department of Planning Services) K. A landscape/screening plan shall be submitted to the Department of Planning Services for the substation(s) to screen the facilities from residences within site distance. (Department of Planning Services) L. The applicant shall provide an approximate number of semi-trailer trips and large truck usages on a daily or weekly basis to the site during the construction of the project to the Department of Public Works. (Department of Public Works) M. The applicant shall submit evidence to the Department of Public Services that Federal Aviation Administration (FAA) requirements have been met for the proposed facility. (Department of Planning Services) N. The applicant shall submit a screening plan to the Department of Planning Services to address screening of the substation(s)from residences within site distance. (Department of Planning Services) 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 or delineate drill envelopes on the plat shall be submitted to the Department of Planning Services. (Department of Planning Services) 4. The Plat shall be amended to 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-1563. (Department of Planning Services) C. The Development Standards associated with this application. (Department of Planning Services) Cedar Creek Wnd Energy LLC,page 8 D. Graphically delineate the locations of the transmission line relative to sensitive areas as identified in the CDOW referral dated June 25, 2006 of the most recent correspondence of record, specific to setbacks of turbines from escarpment edges, raptor nests and Plains Sharp-tailed grouse habitat.(Department of Planning Services,Colorado Division of Wildlife) 5. The access should be placed in such a location that there is adequate sight distance in both directions and not below the crest of a hill. (Department of Public Works) 6. Prior to the 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 Pawnee Fire Protection District. (Department of Building Inspection) C. Buildings/structures shall conform to the various codes adopted at the time of the permit application. Current codes adopted by Weld County include; 2003 International Building Code, 2003 International Mechanical Code, 2003 International Plumbing Code, 2003 International Fuel Gas Code, 2002 National Electrical Code, and Chapter 29 of the Weld County Code. (Department of Building Inspection) D. Each turbine 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. (Department of Building Inspection) E. The structure will probably be classified as a U (Turbine) occupancy. 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) F. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring building to determine offset and setback requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. (Department of Building Inspection) G. The applicant shall provide written evidence that all property right easements, permits and approvals necessary for the proposed project,including surface,mineral and water rights and easements for drainage disposal, utilities, access, et cetera are in their possession. (Department of Planning Services) 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/wa/PermitsUnit for more information. (Department of Public Health and Environment) 8. Prior to issuance of Certificate of Occupancy: Cedar Creek Wnd Energy LLC,page 9 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) 9. Prior to operation: A. The applicant shall contact the Weld County Sheriffs Office to schedule a walk through of the new facilities to address their program of crime prevention through environmental design. The program reduces the likelihood of criminal activity at a specific location by"hardening" it to crime. (Sheriffs Office) Cedar Creek Wind Energy LLC,page 10 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS CEDAR CREEK WIND ENERGY, LLC USR-1563 1. A Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility (Up to 300 individual three-bladed wind turbine generators and up to three electrical substations and associated power lines) in the A(Agricultural)Zone District, 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) 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 this 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 25-12-103 C.R.S., as amended. (Department of Public Health & Environment) 9. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 10. Adequate handwashing and toilet facilities shall be provided for employees and visitors of the facility. (Department of Public Health & Environment) 11. Sewage disposal for the facility shall be by septic system. Any septic system located on the property Cedar Creek Wnd Energy LLC,page 11 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 and hand washing during construction of the project. (Department of Public Health & Environment) 13. Adequate portable toilet facilities(port-a-potty)shall be provided during the construction of the project. (Department of Public Health & Environment) 14. 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) 15. 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 Ted Eyl,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) 16. Upon notice by Weld County,the applicant shall cease hauling operations or direct the contractor to cease hauling operations until the roads are repaired to the satisfaction of the Weld County Public Works Department. Hauling operations will not be allowed to resume until the condition of the road allows heavy hauling without damage being done to the road. (Department of Public Works) 17. 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) 18. If excessive heavy truck hauling of concrete or materials cause dust problems to the adjacent property owners, the applicant shall be required to provide an adequate dust suppressant chemical (calcium chloride or magnesium chloride)for approximately 300 feet at any residence. Determination on the application shall be determined by the Weld County Public Works Department(Motor Grader Division Supervisor) based on complaints, average daily traffic counts, and increase of heavy truck hauling associated with this operation. (Department of Public Works) 19. If Weld County roads are damaged beyond normal wear and tear by importing or delivering concrete material due to heavy hauling, the applicant or the applicant's contractor will repair the road damage to the satisfaction of the Public Works Department (Motor Grader Division Supervisor). The Weld County Department of Public Works will determine when this is warranted. (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. Access shall be placed in such a location to have adequate sight distance in both directions and not below the crest of a hill or where physical obstructions are present. (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) Cedar Creek Wnd Energy LLC,page 12 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) 29. Tracking pads are required at all measured construction locations where there is heavy traffic coming from the site on the 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. r Cedar Creek Wnd Energy LLC,page 13 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. "0"- - Cedar Creek Wnd Energy LLC.page 14 0 DEPARTMENT OF PLANNING SERVICES 61, SOUTHWEST OFFICE 4209 CR 4 LONGMONT, COC 80504 PHONE: (720) 652-4210, Ext. 8730 ' FAX: (720)652-4211 COLORADO May 23, 2006 Greenlight Energy Inc 3104 4th St NE Charlottesville VA 22902 Subject: USR-1563- Request for a Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility(Up to 300 individual three-bladed wind turbine generators) in the A(Agricultural)Zone District on a parcel of land described as Parts of Sections 19, 30, 31, 34 Township 11 North, Range 58 West; Parts of Sections 6, 7,Township 10 North, Range 59 West; Parts of Sections 16, 21, 22, 23, 24, 25,26, 27, 28, 29, 30, 31, 32, 34, 36 Township 11 North, Range 59 West; Parts of Sections 1, 2, 3,4, 8, 9, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23, 28, 29,Township 10 North, Range 60 West; Parts of Sections 1,2, 3,4, 9, 10, 12, 14,15, 16, 17,20, 21, 22, 23, 24,25, 26, 27, 28, 29, 33, 34, 35, 36 Township 11 North, Range 60 West; Parts of Sections 25, 36,Township 12 North, Range 60 West of the 6th P.M.,Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for July 18,2006, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County anning Department,4209 CR 24.5, Longmont, Colorado. It is recommended that you and/or a representative be in attendance to ..nswer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Grover Planning Commission for their review and comments. Please call Grover at(970)895-2213 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Grover Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway(access drive)intersects a publicly maintained road right- of-way. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, `• Kim .'.le Planne PLANNING COMMISSIONERS SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS July 8, 2006. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Chris Gathman, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN/ FIFTEEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR USR-1563 IN THE AGRICULTURAL ZONE DISTRICT. Chris Gathman Name of Person Posting Sign 9I o Sat Signature of Person Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this 11 day of , 2006. WITNESS my hand and official seal. Notary Public S • . • • My Commission Expires: I� „ • • .0' EXHIBIT 6A ►I rifle NOTICE WWc A PUBLIC HEARING CONCERNING I THIS PROPERTY Will BF 'Igo AtI ti a Vine NOTICE n196 a, A PUBLIC HEARING CONCERNING uu _ THIS PROPERTY Will BF HELD AT.. MIAatal : • _ : .__ . ust a --' ro,= at FOR YORE INFORMA7II(1ICAlI 0v WELD COUNTY DEPARTMENT OF ,, PUNNING SERVICES AT ' , _- 070)353-600 tit 3540 .1 MG NOTICE wok a _ -" A PUBLIC HEARING CONCERNING Wine NOTICE wise ft Wilt HELD A PUBLIC HEARING CONCERNING THIS PROPERTY H ,�,�c THIS PROPERTY WILL BE HELD AT: _ :. 1.,„t4 ':e .ee 'taut .#.. C.,.Yi r;. j, IOR NOR[ INFORM* dam. a10uFSW.�.r,,, , ,�, r , ..�l „ a ....\ �. KID COUNTY DEPA i`P pt "� PLANNING SERVE :.: 4 cut w0 ' c I�t� , , 197p>35J 6100 t �' ' 7 FOR MORE INFORMATION CALL') = ,0a� ah .. f i ,. �V♦F..x '0 -;� t WELD COUNTY DEPARTMENT OF f?4- 4r 'Ty:: 'i ) ' r PUNNING SERVICES AT t,y �Ei }, 7. k'%ry;y 1,. s : 1970)353-6100 eel. 3540 } Av. 1.1 1 _ • 3g=....ins..:,..NlieriE,; � .ow., .•-. • w -4. ‘ r. i 5 1p, '�F�A .a% ' J �` rre-_ - ---R ma NOTICE mg (ll�� A NIFIC KAIAK CONCERMINC F=.---- TM fOPEITTIMLE IUD AT - AIMS. __ jj torze - alT' ' FM NOTE INFOPMd1ION C(Q<• WEIR MINTY DEPARTMENT OF t. PUNNING SERVICES AT • 4 - ff3013S1.6:00 M. 3510 _. ilk Mae w Nan ces ;' ae KWIC MUMS Irmo MU-1 W "Lielneeniejt"FerlISSILE"la ..;44 '- C' SINN 100101001 OIL me gin iltaltill UR MITI 80"I"I"S"n1Ma unit; II UIP UUYL�U U unlu.lr'4 nr Mann COI.n NA 06/27/2006 1.. . .i ,`gat:<� ,o W NOTICE wi I I / M Z. NOTICE IAi Inn,c mumcoEIUIE II irmit Ilnm4c qWK r{�{�(1�xlt{ MUOIl Mw+ra a uR,'w.� 'i�.•vt L � S NOTICE UN lour'+�uNtl '1%eier y!� a mottylpow tOUlai WE412 II .MobY' "w; imp yisols-..+ —....x..nq..�l��V A UL M 4.090 I1'I 1l ff I6__. '. Sal n cLa.N..+M.' W."9")41—oat Or)f.nnl IN um unmans,WI T�^yk :.l:. . ... lllt um onunNi Hu 4 rum MITI Kronur' K "'C�+-•."^ 1 -mss. KiIIHK Hfain Rliius In ll a 1111MUCI Ni 150 IN ma�Mmsi au 1 mj INIIINNuangsa Mirail-tolii*el IN _ ma neon mama, t. RINNallual II INCAS Mt m IN; nYaI4Uo\o 1gf11U'1a 111 °I. 1. t,�A IOW M NOTUI eo .n NOTICE m ---- -.• - - gam . •" L 4.1 w.. roYM n. 1 - • -_ -. • • A 1 - ec • 2006 stiff fr t � ` �� pis Y Y.. N I ` t {• ;;;;Al 06 / 27 / 2006 06 / 27 / 2006 06 / 27 /2006. ti r 06 / 27 / 2006 06 / 27 / 2006 it alleagOW 06 / 27 / 2006 06 / 27 / 2006 : I •-•.— -ItilliTais. i .". jillHi No N. + r w 4 '� .. . ,. ....... a _ ,_. ,,e_-: .$11elt ek ten, • �� a• , �^fs Imo' +fit' ' =x y - ` � �` .. I • •t kgi ` 07 / 11 / 2006 - -._ - _ _ - . ► °-- '`� -` - ' .,rte-- ..., -kitifaa.; ter.__ " ' 41,1",c ' mss" 7g . ._. r`-: r• . . 14;e "-' t- ,. ` `" *. •rr.+,4 sue... ;_ __v-."3•r "�•a7�'••' ' ! a...4 til4 r X if , r,r4 - ' f W, M. • �• :j a ' '.IL F r •�.•.. `-�y - • 11,4 ` w • • • \^ 07 /11 / 2006 l �� .. LI • a4r i, `�;�r�j�Cy[Y � Mq:• •4C1 .< ♦r, c.:�'l).,F . ^+Y i • t i t + n ��`61��Iy ' JYt vY1 Y �`; •Y �.I I • •1 �IIZ' �) .r ` ..:• r ,y 1 ` ..},:,11., rj+� " ' fir iS •�e°'' �•_ i (i�'/ ,A _ 07 / 11 / 2006 e , t :dial/CI-1 w �, fq go pp r il��l vl tt4.�Y t.�i�d..11t6\.h��. �:' ,i 1 ties. . �Lt :1�� : �i�ra't .4'i�t• +rl 'p ! \j r•- ,y+ 7 r T ''� 07 / 11 / 2006 07 / 11 / 2006 - fltV �ri• :rte - 07/ 11 / 2006 4 , afr _ . F , b allitilir;111111I- - - - - . -. . - - - _ — . .....— ♦mfr, T _ . � 06 / 27 / 2006 -lSri` -Jar li Al t - _ 06 / 27 / 2006 J rl v • V • r. . r r i. 06 / 27 / 2006 $ � .+ 1 �J V ic1 ,k11 41 ' • t , a rJ dt . . • . T • 'AA a �� ! i .�i� of i.,.i `� -\'fir J, r• r�ti.� IRL vu• .r , i�� .i• t.i,, -S . -. • r itt t{ A4?' ./31 '� lr , I ryJ " .4 a"y��f ' « 06 / 27 / 2006 " '1�5rk� 4 �L t iL� i 1,1, y r i *fit • 1 r t' i ZS}.jYY j '. q • .h,} � c.r5: hip .a, . d r ! / � • p,r ` 1, • 22 e , 44�,�r„ �}�1y��j J) r IZ it % , + ,l1r P.O..' JaIit 4N {iilif .;J .N,F Id !. ,•. ., ' ,i i rsv i� \ ' ;1,.1- �•:i 34 �' 14.1'' ' `";; , 'nf 1 • b.t r .n, -ieAr c • 06 / 27 / 2006 !1! �` � I1i - ree_ � " '-,�'' " 06 / 27 / 2006 n tea. .. r J • ,, • • 06 / 27 / 2006 _: _ _ • • • - ` -• -."'.- . •-. „yZie+�v .F�. y n yj_t"�y• YM�y-1 xtis - - • — z... • • 06 / 27 / 2006 • - : . . T 06 / 27 / 2006 FIELD CHECK inspection dates: 6/27/2006 7/11/2006 APPLICANT: Greenlight Energy CASE #: USR-1563 REQUEST: Use by Special Review Permit for a for a Major Facility of a Public Utility (Up to 300 individual three-bladed wind turbine generators and up to three electrical substations and associated power lines) in the A (Agricultural) Zone District LEGAL: Several Sections LOCATION: Generally located in the area south of and adjacent to CR 138; North of and adjacent to CR 114, East of and adjacent to CR 99 and west of CR 123. PARCEL ID #: Several parcel numbers ACRES: +/- 31,670 +/- Acres (Approximately 118 acres of the site to be disturbed on long-term basis) Zonina Land Use N A N rangeland E A E rangeland S A S rangeland W A W rangeland COMMENTS: Site is primarily grazing land with some dryland crop and single-family residences scattered throughout the site. There are escarpments and bluffs along the western edge of the site and in the eastern portion of the site. aris Gathman - Planner II Hello