HomeMy WebLinkAbout20062060 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1562 FOR A MAJOR FACILITY OF A PUBLIC UTILITY (A 72-MILE 230 KV
TRANSMISSION LINE AND ONE NEW SWITCHING STATION) IN THE
A (AGRICULTURAL) ZONE DISTRICT - CEDAR CREEK WIND ENERGY, LLC, AND
GREEN LIGHT ENERGY, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board of County Commissioners held a public hearing on the 2nd day of
August,2006,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing the
application of Cedar Creek Wind Energy, LLC, and Green Light Energy, Inc., 310 4th Street,
Charlottesville,Virginia 22902, for a Site Specific Development Plan and Use by Special Review
Permit#1562 fora Major Facility of a Public Utility(a 72-mile 230 kV transmission line and one new
switching station)in the A(Agricultural)Zone District on the following described real estate, being
more particularly described as follows:
Parts of Sections 2, 3, 9, 10, 16, 17, 19, 20, and 30,
Township 10 North, Range 60 West; parts of
Sections 2, 3, 8, 9, 10, 17, 18, 19, 25, 35, and 36,
Township 10 North, Range 61 West; parts of
Sections 24,25,and 36,Township 9 North, Range 62
West; parts of Section 1, 12, 13, 24, 25, and 36,
Township 8 North, Range 62 West; parts of Sections
1, 12, 13, 24, 25, 36, Township 7 North, Range 62
West; parts of Sections 1, 12, 13,24, 25, 34,35,and
36, Township 6 North, Range 62 West; parts of
Sections 1, 3, 4, 7, and 8, Township 5 North, Range
62 West; parts of Sections 12, 13, 14, 15, and 22,
Township 5 North, Range 63 West;parts of Sections
2, 3, 11, 14, 23, 26, 34, and 35, Township 4 North,
Range 63 West; parts of Sections 3, 10, 15, 22, 27,
and 34, Township 3 North, Range 63 West; parts of
Sections 3, 5, and 6, Township 2 North, Range 63
West; parts of Sections 1, 2, 3,4, 10, 15, 22,and 27,
Township 2 North,Range 64 West; part of Section 7,
Township 4 North, Range 62 West; and part of
Section 13,Township 4 North, Range 63 West of the
6th P.M., Weld County, Colorado
WHEREAS, said applicants were represented by David Stoner, at said hearing, and
WHEREAS, Section 21-3-340 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
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WHEREAS,the Board of County Commissioners heard all of the testimonyand statements
of those present,studied the request of the applicants and the recommendation of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and,having been
fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 21-3-340 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicants have
shown compliance with Section 21-3-340.A of the Weld County Code as follows:
a. Section 21-3-340.A.1 --The health,welfare,and safety of the citizens of the
County will be protected and 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 the health, safety, and welfare of the
inhabitants of the neighborhood and Weld County.
b. Section 21-3-340.A.2--The natural and socio-economic environment of the
County will be protected and enhanced. There are no significant prevalent
natural hazards in the area that will affect, or be affected by, the project.
Historically,the area has been dominated bydryland and irrigated agricultural
land uses, including lands held in the Conservation Reserve Program.
c. Section 21-3-340.A.3--All reasonable alternatives to the proposed action,
including use of existing rights-of-way and joint use of rights-of-way wherever
uses are compatible, have been adequately assessed and the proposed
action is compatible with,and represents the best interests of,the people of
the County and represents a fair and reasonable utilization of resources in
the impact area. The methods used to identify alternative locations for the
230 kV transmission line began with delineating the project area. General
locations for the wind energy generation site and the interconnection area
were initially identified based on site requirements,engineering,and electrical
system planning needs. The locations of these associated project features
influenced the larger area of consideration for the 230 kV transmission line.
A site selection process was then used to evaluate a range of resources in
the area and determine alternative corridors that would minimize impacts to
environmental resources and remain economically feasible.
Once the project area was defined,environmental resource data within the
area was obtained and analyzed to determine which areas offer the most
opportunity for siting the electric transmission line and which areas are
sensitive and should be avoided.
The gathered data reflects existing conditions. Resource data was
combined with aerial photography to provide a visual representation of the
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project area. Certain resource data was then categorized as areas of
opportunity, avoidance, or exclusion. The categorized data was modeled
using Geographic Information Systems(GIS)to create an Opportunity and
Constraint Composite Map that identifies potential locations for siting
alternatives. This resultant map provided direction to the resources known
to exist within the project area and the characteristics for categorizing areas
of opportunity, avoidance,or exclusion for the purpose of transmission line
siting.
Opportunity areas include existing rights-of-way of linear facilities such as
existing transmission lines,natural gas pipelines,railroads,or transportation
corridors, including interstate highways, state roads, and County roads.
Existing linear facilities and rights-of-way may provide suitable access for
construction and maintenance and are compatible with the transmission line.
Avoidance areas include sensitive areas that would likely incur impacts if
adversely affected by the project. It is preferable to avoid these areas if there
are other opportunities for locating the project. If avoidance is not possible,
minimization of impacts should be accomplished to the degree feasible
through construction and operation methods or applying appropriate
mitigation measures.
Exclusion areas include areas with the highest level of sensitivity, such as
those areas having legal, regulatory or legislative designations,or extreme
physical constraints not compatible with the project construction and/or
operation. Locating a transmission line in these areas generally results in
more environmental effects, higher costs, and additional regulatory
approvals.
Based on the gathered data, preliminary segments were selected based on
the opportunity and constraint mapping described above. These preliminary
segments were presented at the public open house.
The applicants also sought out public involvement and comment for the
alignment. Public input assisted the applicants in identifying the values,
concerns, and interests of the community and is one of the most important
factors in the energy facility siting process. Input from jurisdictions,
agencies,and landowners has become a major focus in siting new utility and
generation facilities. To obtain the public's input,the applicants held a public
open house in Kersey,Colorado. Over 300 invitations were sent via the U.S.
Postal Service to owners of property within 0.5 mile of the preliminary
transmission corridors and the site boundary for the project. Other
stakeholders,including municipalities and state and federal wildlife agencies,
were also invited. The public open house was attended by 76 people.
Handouts and large-format displays were available for attendees to review
and discuss. The written comments that were received focused primarily on
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visual effects and effects of electromagnetic fields. Following the public open
house, additional meetings were held with individual landowners to further
refine the alternative transmission line routes. Based on landowner input in
conjunction with further siting analysis, the route and alternative were
selected.
The transmission line route includes approximately 72 miles of 230 kV single
circuit electric transmission line to transport power generated from the 330
MW Cedar Creek Wind Energy Facility near Grover, Colorado, herein
identified as USR-1563. The power will be transported via the 230 kV line to
an interconnection point with Public Service Company of Colorado existing
transmission system at the Rocky Mountain Energy Center to the Green
Valley 230 kV line near Keenesburg, Colorado.
The switching station and rebuild of a portion of the Fort St. Vrain to Green
Valley 230kV line will become part of the Public Service Company of
Colorado's high voltage transmission system,serving customers throughout
its service territory in Colorado.
The applicants request is for a permit for placement of the 150—foot
transmission line right-of-way at locations within the corridor that will be
determined through final negotiations with landowners and further analysis
of environmental resources. In locations where the corridor is bounded by
two section lines,an additional 300 feet is included to allow for potential siting
of the transmission line right-of-way on either side of the section line. The
portion of the corridor at Crow Creek is two miles in width to allow for
flexibility in avoiding the Creek and associated riparian corridor, if feasible.
The transmission line structures will consist of a two-pole H-frame structure
approximately 60 to 100 feet in height. The two poles of the metal H-frame
structure will be 19.5 to 24 feet apart at the base and 40 to 48 feet in width
at the top of the structure. At angles of greater than 5 degrees, or at other
locations where engineering needs dictate,guyed three pole steel structures
will be used. Guyed H-frame structures will be used at angles of less than
5 degrees. Structures will have a weathering steel (core-ten) finish.
The pole spacing will vary from 600 to 1,200 feet depending on terrain,
existing obstructions, and the type of pole utilized. The maximum ground
clearance beneath the conductor is twenty-seven feet and the maximum
height of working machinery that may be safely operated under this line is
fourteen feet in height. In one location,the applicants are proposing to rebuild
a segment of line to accommodate the switching station. There are no
socio-economic constraints associated with the project.
d. Section 21-3-340.A.4 -- A satisfactory program to mitigate and minimize
adverse impacts has been presented. The U.S.Army, Corps of Engineers
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(USACOE), stated in its letter dated May 30, 2006, that if any work with the
project affects U.S. waters, a Section 404 of the Clean Water Act Permit
may be required, including the delineation and mapping of waters of the U.S.
The applicants have stated that they will obtain the USACOE Nationwide
Permit 12,should waterways or any associated wetlands be impacted by the
alignment. Flood Hazard Development Permits will also be required by the
County for development within the recognized and delineated floodplain
areas.
The State of Colorado, Division of Wildlife(CDOW)stated in a letter dated
June 18,2006,that staff had reviewed the proposal in conjunction with staff
from the U.S. Fish and Wildlife Service (USFWS), staff from the Colorado
State Land Board (CSLB), and staff from the Colorado Natural Heritage
Program of Colorado State Parks(CNHP). This group has also met with the
applicants and the applicants' consultants on several occassions. The
CDOW notes that there is an ongoing dialog with the applicants to address
and resolve the outstanding concerns, and the Division has been pleased
that the applicants are working cooperatively to minimize the risks to wildlife.
However, in the opinion of the CDOW, there remain thirteen significant
issues to be resolved as of June 18,2006. The applicants are continuing to
work with the CDOW to develop appropriate mitigation measures that are
compatible with project goals and that will minimize impacts to wildlife along
the corridor.
The applicants have addressed one concern with the elimination of Segment
15 located approximately at Weld County Roads 73 and 58,and traversing
south to Weld County Road 44, then west to Weld County Road 69. The
applicants are proposing to utilize the Secondary Proposed Transmission
Line route number 14, crossing the South Platte River in the vicinity of the
Hardin Bridge, north of Weld County Road 380.
The preferred line route avoids sensitive areas associated with river
corridors, wetlands, riparian edges, and plays through the placement of
structures and the utilization of large line spans.
The applicants continue to work with all of the affected property owners to
establish a centerline and pole locations that maintain adequate clearance
from residences and outbuildings,and do not interfere with the operation and
maintenance of pivot irrigation structures, and to minimize impacts to
farming operations.
e. Section 21-3-340.A.5--The nature and location,or expansion of the facility,
complies with all applicable provisions of the Master Plan of Weld County,
and other applicable regional, metropolitan, state, and national plans.
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The preferred transmission line route has been developed in full cooperation
with the Towns of Grover and Keenesburg. The Town of Grover supports
the request,and the Town of Keenesburg voiced opposition to the Secondary
Proposed Transmission Line Route as it is in conflict with its Comprehensive
Plan. The preferred transmission route is part of a rebuild of the Fort St.
Vrain - Green Valley Line, utilizing an existing transmission line corridor.
The switching station will be located on an approximately 35-acre parcel
within a larger 82.5-acre parcel that the applicants will purchase from the
current owner. The switching station includes an initial 4.5-acre
interconnection switching station that will connect transmission of power
generated at the 330 MW Wind Energy Facility to the existing transmission
system owned and operated by the Public Service Company of Colorado.
f. Section 21-3-340.A.6--The nature and location,or expansion,of the facility
does not unduly or unreasonably impact existing community services. The
preferred transmission line route has been developed in full cooperation with
the Towns of Grover and Keenesburg. The route does not go through any
other municipalities in Weld County. The preferred transmission route is part
of a rebuild of the Fort St. Vrain - Green Valley Line, utilizing an existing
transmission line corridor. The are no known public recreational facilities
crossed by this proposal.
g. Section 21-3-340.A.7--The nature and location,or expansion,of the facility
will not create an expansion of the demand for government services beyond
the reasonable capacity of the community or region to provide such services,
as determined by the Board of County Commissioners. The preferred
transmission line route has been developed in full cooperation with the
Towns of Grover and Keenesburg. The municipalities believe the project will
not create an expansion of the demand for government services beyond their
reasonable capacity to provide. Likewise, the demand for government
services in Weld County should not expand because of the project.
h. Section 21-3-340.A.8--The switching station and 230 kV transmission line
will not unreasonably interfere with or obstruct normal operations and
maintenance,and is not in an area having generally adverse meteorological
and climatological conditions. The switching station will be located on an
approximately 35-acre parcel within a larger 82.5-acre parcel that the
applicants will purchase from the current owner. The switching station
includes an initial 4.5-acre interconnection switching station that will connect
transmission of power generated at the 330 MW Wind Energy Facility to the
existing transmission system owned and operated by the Public Service
Company of Colorado.
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
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agricultural users, adjacent communities, or other water users. The
application materials state, "There will be no long-term impacts to surface
water or groundwater hydrology as a result of the construction or operation
of the overhead electric transmission lines. All drainages and irrigation
ditches crossed by the transmission line will be spanned. This includes the
South Platte River, Crow Creek, and Sanborn Draw. 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.
Permanent facilities would not be located in stream channels. If access
roads cross stream channels, appropriately sized culverts will be installed
to maintain channel flow and morphology. No existing water rights would be
impacted,and there would be no long-term use of water. When required to
constructa line in the 100-yearflood plain areas,the applicant will coordinate
with Weld County regarding anyfloodplain hazards and design of the line to
withstand any potential flooding that may be experienced along the South
Platte River, Crow Creek, and Sanborn Draw."
j. Section 21-3-340.A.10--Adequate water supplies are available for facility
needs. The proposal does not require water for the facilities. Bottled water
will be brought to the site for the workers during construction of the switching
station and transmission line.
k. Section 21-3-340.A.11 --The nature and location of the facility,or expansion,
will not unduly interfere with existing easements,rights-of-way,other utilities,
canals, mineral claims,or roads. Right-of-way agreements include 150-foot
easements purchased from landowners along the transmission alignment.
Remaining agreements will be obtained once the Weld County permitting
processes are complete. Within the acquired rights-of-way, access will
occur primarily along existing roads or via overland access. New roads will
be built only when necessary for construction or maintenance purposes.
Existing County roads and State highways will be used to access the
right-of-way whenever feasible. The applicants will acquire access
easements from adjacent landowners as required. The applicants stated
data gathered to date shows that there are three(3)pipelines and seven(7)
transmission lines within the two (2) mile vicinity of the transmission line.
Other Major Facilities of a Public Utility within five (5) miles of the electric
transmission line include four substations. The area associated with the
switching station will be deeded via a Warranty or Special Warranty Deed to
create the 82.5-acre parcel for the siting of the facility.
Section 21-3-340.A.12--Adequate electric,gas,telephone,water,sewage
and other utilities exist or shall be developed to service the site. The portion
of the project addressed in this application includes approximately 72 miles
of 230 kV single-circuit electric transmission line to transport power
generated from the 330 MW Wind Energy Facility near Grover, Colorado.
The power will be transported via the 230 kV line to an interconnection point
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with the Public Service Company of Colorado's existing transmission system
at the Rocky Mountain Energy Center(RMEC)to the Green Valley 230 kV
line near Keenesburg, Colorado. Up to three substations will be located at
the wind energy generation site near Grover, Colorado, and a switching
station will be located at the interconnection site near Keenesburg. The
switching station and rebuild of a portion of the Fort St.Vrain to Green Valley
230 kV line will become part of the Public Service Company of Colorado's
high voltage transmission system,serving customers throughout its service
territory in Colorado. All required utility connections will be developed to
service the single switching station site and the transmission line corridor.
The switching station will be located on an approximately 35-acre parcel
within a larger 82.5-acre parcel that the applicants will purchase from the
current owner. The switching station includes an initial 4.5-acre
interconnection switching station that will connect transmission of power
generated at the 330 MW Wind Energy Facility to the existing transmission
system owned and operated by the Public Service Company of Colorado.
m. Section 21-3-340.A.13--The nature and location for expansion of the facility
will not unduly interfere with any significant wildlife habitat or adversely affect
any endangered wildlife species, unique natural resources or historic
landmarks within the impact area. The U.S. Army, Corps of Engineers
(USACOE), stated in its letter dated May 30, 2006, that if any work with the
project affects U.S. waters, a Section 404 of the Clean Water Act Permit
may be required,including the delineation and mapping of waters of the U.S.
The applicants have stated that they will obtain the USACOE Nationwide
Permit 12,should waterways or any associated wetlands be impacted by the
alignment. Flood Hazard Development Permits will also be required by the
County for development within the recognized and delineated floodplain
areas.
The State of Colorado, Division of Wildlife(CDOW),stated in a letter dated
June 18, 2006, that its staff has reviewed the proposal in conjunction with
staff from the U.S. Fish and Wildlife Service (USFWS), staff from the
Colorado State Land Board (CSLB), and staff from the Colorado Natural
Heritage Program of Colorado State Parks(CNHP). This group has also met
with the applicants and the applicants'consultants on several accessions.
The CDOW notes that there is an ongoing dialog with the applicants to
address and resolve the outstanding concerns, and the Division has been
pleased that the applicants are working cooperatively to minimize the risks
to wildlife. However, in the opinion of the CDOW, there remain thirteen
significant issues to be resolved as of June 18, 2006. The applicants are
continuing to work with the CDOW to develop appropriate mitigation
measures that are compatible with project goals and that will minimize
impacts to wildlife along the corridor.
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A search of the National Park Service's National Register Information System
(NRIS) was conducted through the State Historic Preservation Office
(SHPO)on April 9, 2006, on the preliminary route to find sites listed on the
National Register of Historic Places in Weld County, Colorado, for the
purpose of determining which sites are listed on the National Register and
within the right-of-way of the project. The records search revealed 15 sites
within the right-of-way of the transmission line corridor, and five of these
sites are either eligible for listing or have the potential to be eligible for listing.
The applicants stated should any previously unknown historic or prehistoric
sites or artifacts be encountered during construction, all land altering
activities at that location will be immediately suspended and the discovery left
intact until such time that the State Historical Society and the State
Archaeologist are notified and appropriate measures taken to assure
compliance with the National Historic Preservation Act and enabling
legislation.
n. Section 21-3-340.A.14--The nature and location,or expansion of the facility,
including expected growth and development related to the operation and
provision of service,will not significantly deteriorate water or air quality in the
impact area. 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.
Weld County is an attainment area for all measured pollutants, including
PM10. The project is an overhead electric transmission line, and no air
emissions will result from operation of the transmission line.There will be no
direct impacts to water quality associated with the regular operation or
maintenance of the transmission line. The project will not create runoff in
excess of historic site levels and will not change existing topography or
adversely affect drainage. There will be no alteration in the pattern or
intensity of surface drainage as a result of construction and operation of the
transmission line.
o. Section 21-3-340.A.15--The geological and topographic features of the site
are adequate for all construction,clearing,grading,drainage,vegetation and
other needs of the facility construction or expansion. The project area
consists primarily of grassland, grazing land, and some dry and irrigated
crop areas with few trees. There are also bluffs and escarpments along the
northern edge of the site and eastern area of the site. The geological and
topographic features will be adequate for the facility.
p. 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 by the project.
q. Section 21-3-340.A.17--The project will not have a significantly adverse net
effect on the capacities or functioning of streams,lakes,or reservoirs in the
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impact area, nor on the permeability, volume, recharge capability, or depth
of aquifers in the impact area. According to the application, there are
intermittent drainages and ephemeral playa lakes within the site. The
applicant will continue to work with the CDOW to address setbacks from
these known and delineated natural features.
r. Section 21-3-340.A.18 -- The benefits of the developments outweigh the
losses of any natural resources or reduction of productivity of agricultural
lands as a result of the development. The line will have minimal impact on
existing and future land use.
s. Section 21-3-340.A.19 -- The applicants have obtained, or will obtain, all
property rights, permits and approvals necessary for the project, including
surface, mineral, and water rights, and easements for drainage, disposal,
utilities, access,etcetera. If the applicants have not obtained all necessary
property rights, permits, and approvals, the Board may, at its discretion,
grant the permit conditional upon completion of the acquisition of such rights
prior to issuance of a zoning or building permit by the County. The area
associated with the switching station will be deeded via a Warranty or
Special Warranty Deed to create the 82.5-acre parcel for the siting of the
facility.
t. Section 21-3-340.A.20--The 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:
1) The means by which outdoor storage facilities for fuel,raw materials,
equipment,and related items are adequately enclosed by a fence or
wall.
2) The likelihood of hazardous materials or wastes being moved off the
site by natural causes or forces.
3) Containment of inflammable or explosive liquids, solids, or gases.
The switching station is located on the south end of the 230 kV transmission
line, adjacent to the existing transmission system owned and operated by
Public Service Company of Colorado. The site is in the southeast corner of
an approximate 160-acre parcel of land in Section 28, Township 2 North,
Range 64 West. Approximately 34 acres will be obtained by the applicants
for the switching station and other potential future electrical needs. The
actual fenced in area will be approximately 4.5 acres in size.
The substation is located at the northern end of the 230 kV transmission line,
immediately adjacent to the wind farm, and is regulated by USR-1563.
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Both of these facilities will utilize low profile structures internal to the facility,
and will be enclosed with a chain-linked fence with the appropriate security
measures installed for each location. There are no fuel facilities, raw
materials,wastes, inflammable or explosive liquids,solids,or gases located
along the transmission line alignment, or on any site associated with this
proposal.
u. Section 21-3-340.A.21 -- The scope and nature of the project will not
unnecessarily duplicate existing services within the County. The facility will
address increasing demands for electricity in Colorado and address
renewable energy requirements outlined under Amendment 37.
v. Section 21-3-340.A.22--If the purpose and need for the project are to meet
the needs of an increasing population within the County, the area and
community development plans and population trends clearly demonstrate a
need for such development. The purpose of the line is to provide the area
with electric service that is reliable and operates efficiently while helping to
ensure an adequate and dependable supply of electrical power to meet the
needs of Colorado.
The Project is in response to the need of the Public Service Company of
Colorado 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 the
Public Service Company's 2003 Least-Cost Resource Plan,which included
plans for a competitive solicitation to procure new energy resources. This
project will help fulfill the energy needs of the Public Service Company of
Colorado, 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 three(3)percent of its
electricity from renewable energy resources by 2007, six (6) percent by
2011,and ten(10)percent by2015. The ten(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 the Public Service Company
of Colorado meet obligations related to the Renewable Energy Requirement.
In addition to the switching station, this application includes a proposal to
rebuild an approximately four-mile long section of the existing Fort St.Vrain
to GreenValley 230 kV transmission line to accommodate the 230 kV line
needed for this project. The rebuild of this portion will allow the use of the
existing Fort St.Vrain to Green Valley 230 kV Line, and will consolidate the
line with the existing system,while allowing for a future addition of another
potential 345 kV transmission line for the Public Service Company of
Colorado,all within the existing corridor of the Fort St.Vrain to Green Valley
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230 kV line. The structures for the rebuild of this line would consist of a
single-steel pole. The proposal includes several transmission line towers
and lines in the immediate vicinity of the switching station that: 1)connect the
wind farm facility to the switching station via a new transmission circuit from
the rebuilt Fort St. Vrain to Green Valley 230 kV line; and 2) connect the
switching station to the existing Rocky Mountain Energy Center— Green
Valley 230 kV transmission line.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Cedar Creek Wind Energy,LLC,and Green Light Energy,
Inc., for a Site Specific Development Plan and Use by Special Review Permit#1562 for a Major
Facility of a Public Utility(a 72-mile 230 kV transmission line and one new switching station)in the
A (Agricultural) Zone District on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. The attached Development Standards for the Use by Special Review Permit shall
be adopted and placed on the Use by Special Review plat prior to recording. 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 Board of Commissioners.
2. The Use by Special Review activity shall not occur,nor shall any building or electrical
permits be issued on the property, until the Use by Special Review plat is ready to
be recorded in the office of the Weld County Clerk and Recorder.
3. Prior to recording the USR plat:
A. The plat shall be amended to delineate the following:
1. All sheets shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
2. All sheets shall be labeled USR-1562.
3. The Development Standards associated with this application.
4. The location of the switching station within the parcel to be created
through the Warranty or Special Warranty Deed process for the
82.5-acre tract.
5. The access to the switching station 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. The
access and adequate turning radii shall be installed at all entrances
to accommodate large truck movement. This shall be graphically
delineated on the plat for the switching station.
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SPECIAL REVIEW PERMIT#1562-CEDAR CREEK W IND ENERGY, LLC,AND GREEN LIGHT
ENERGY, INC.
PAGE 13
6. To graphically delineate the final transmission alignment as approved
by the Board of County Commissioners.
7. The applicants shall graphically delineate the locations of the
transmission line relative to sensitive areas as identified in the State
of Colorado,Division of Wildlife,referral of June 18,2006,or the most
recent correspondence of record, specific to the Crow Creek
alignment, the playas or ephemeral or vernal ponds, and identify
sensitive areas for black-tailed prairie dog and burrowing owls, as
applicable.
a. The applicants shall provide written evidence of road
right-of-way along all section lines associated with this
proposal. To determine if road right-of-way exists, the
applicants shall determine the land patent date. Weld County
may, if approved by the Board of County Commissioners,
grant a Nonexclusive License Agreement for the upgrade and
maintenance of private improvement within this right-of-way.
The right-of-way as determine through this research shall be
delineated on the plat(s).
B. The applicants shall provide written evidence from the applicable 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.
C. The applicants shall provide written evidence from the applicable Fire
Protection District 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.
D. The applicants 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 Division of the Weld County
Department of Public Health and Environment. Written evidence of approval
shall be submitted to the Department of Planning Services.
E. The applicants shall provide graphic and written documentation addressing
the location and identification of all public rights-of-way,existing 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.
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SPECIAL REVIEW PERMIT#1562-CEDAR CREEK WIND ENERGY, LLC,AND GREEN LIGHT
ENERGY, INC.
PAGE 14
F. Written evidence from the oil and gas company 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 drill
envelopes shall be delineate on the plat and be submitted to the Department
of Planning Services.
G. The applicants shall provide written evidence that a Utility/Right-of-Way
Permit,obtained from Ted Eyl of the Department of Public Works, is in their
possession prior to the utilization of the County right-of-way or the crossing
of County right-of-way.
H. The applicants shall provide written evidence that a Special Transport
Permit,obtained from Ted Eyl of the Department of Public Works, is in their
possession prior to the transportation of overweight or overwidth items
utilizing County roads or rights-of-way.
Should the Board of County Commissioners grant a Nonexclusive License
Agreement, the applicants shall complete the required documents for the
upgrade and maintenance of Weld County right-of-way.
J. Generally, the County road right-of-way is sixty(60)feet. The section line
access usually has thirty (30) feet on either side of the section line.
Setbacks are measured from the right-of-way line or the future right-of-way
line. The applicants have stated that the transmission line will not be in
County road right-of-way, and that it will parallel and be in a 150-foot wide
private right-of-way. The right-of-way shall be determined through the land
patent date.
K. The applicants shall demonstrate attempted compliance with the State of
Colorado, Division of Wildlife (CDOW), as stated in the referral dated
June 18,2006. Further,if applicable,the applicants shall delineate the Crow
Creek alignment, the playas or ephemeral or vernal ponds, and identify
sensitive areas for black-tailed prairie dogs and burrowing owls. Also, the
applicants shall attempt to address the concerns of CDOW specific to
wildlife, relative to the towers and transmission alignment.
L. The applicants shall demonstrate attempted compliance with the U.S. Fish
and Wildlife Service, as stated in the referral received July 12, 2006.
M. The applicants shall enter into a Long-Term Road Maintenance and
Improvements Agreement with the Weld County Department of Public
Works on the designated haul route described in the Agreement. The
applicants shall also address all transportation and non-transportation
improvements associated with this application. Evidence of approval shall
be submitted to the Weld County Department of Planning Services.
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SPECIAL REVIEW PERMIT#1562-CEDAR CREEK WIND ENERGY, LLC,AND GREEN LIGHT
ENERGY, INC.
PAGE 15
N. The applicant shall attempt to address the concerns of the Bijou Irrigation
District specific to transmission line alignment and identifying the inlet canal
on all recorded plat maps.
4. Prior to the release of building permits:
A. The applicants shall provide written evidence that all property right
easements, permits, and approvals necessary for the project, including
surface, mineral, and water rights, and easements for drainage, disposal,
utilities, access, etcetera, are in their possession.
B. The applicants shall apply for a Recorded Exemption, be approved, and
record the plat for the parcel associated with the switching station, if Green
Light Energy, or one of its affiliations, own the land on which the switching
station is placed. Should Green Light Energy, or one of its affiliations, not
own the land on which the switching station is placed, a Subdivision
Exemption shall be applied for, approved, and the plat recorded.
C. The applicants shall provide written evidence of compliance with the U.S.
Army, Corps of Engineers(USACOE), Section 404 of the Clean Water Act
Permit.
D. A Flood Hazard Development Permit shall be submitted for buildings
constructed within the 100-year floodplain.
5. Prior to operation:
A. One month prior to operation, the applicants shall submit evidence of
compliance with the Colorado Department of Public Health and Environment
specific to a Stormwater Discharge Permit, which may be required for a
construction site where a contiguous or non-contiguous land disturbance is
greater than or equal to one acre in area. The applicants shall contact the
Water Quality Control Division of the Colorado Department of Public Health
and Environment at www.cdohe.state.co.us/wq/PermitsUnit for more
information. Written evidence of compliance with referral shall be submitted
to the Department of Planning Services.
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SPECIAL REVIEW PERMIT#1562-CEDAR CREEK WIND ENERGY, LLC,AND GREEN LIGHT
ENERGY, INC.
PAGE 16
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 2nd day of August, A.D., 2006.
I r OARD OF C.UNTY COMMISSIONERS
ELD CO i► Y, COLORADO
ATTEST: nwAsi ! 1 1{9. `,����•!z,i
irr ^* J. a e, Chair
Weld ounty Clerk to the B.: e±
6^L�
David .Long, Pro-Tern
BY: Dep Clerk t the Board EXCUSED
Wil m H. Jerke
APP AST
r Robert D. Masden
unty Attorney .a-t.£,l,1
1� ��� Glenn Vaad
ate of signature: `"
2006-2060
PL1845
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CEDAR CREEK WIND ENERGY, LLC
AND GREEN LIGHT ENERGY, INC.
USR#1562
1. A Site Specific Development Plan and Special Review Permit#1562 is for a Major Facility
of a Public Utility(a 72-mile 230 kV transmission line and a new switching station)in the A
(Agricultural)Zone District,as indicated in the application materials on file and subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. All liquid and solid wastes,as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5,C.R.S.,shall be stored and removed forfinal disposal in a manner that
protects against surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored,and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
6. Fugitive dust and particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved Dust Abatement Plan at all times.
7. The switching station shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District, as delineated in Section 25-12-103, C.R.S.
8. Bottled water shall be utilized for drinking and hand washing during construction of the
project.
9. Adequate portable toilet facilities shall be provided during the construction of the project.
10. If applicable,the applicants shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
11. The applicants shall comply with the requirements of the Water Quality Control Division,of
the Colorado Department of Public Health and Environment.
12. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
13. Any time the applicants utilize the right-of-way or cross the right-of-way, a Weld County
right-of-way permit shall be required. This permit shall also be required for transporting
overweight or overwidth items utilizing County roads or rights-of-way. The applicants shall
contact Ted Eyl, Weld County Department of Public Works, P.O. Box 758, Greeley,
2006-2060
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DEVELOPMENT STANDARDS - CEDAR CREEK WIND ENERGY, LLC, AND GREEN LIGHT
ENERGY, INC. (USR#1562)
PAGE 2
Colorado, 80632, at 970-381-3779. This permit shall be in place prior to any work being
done within the right-of-way.
14. Upon notice by Weld County, the applicants shall cease hauling operations or direct the
contractor to cease hauling operations until the roads are repaired to the satisfaction of the
Weld County Department of Public Works.Hauling operations will not be allowed to resume
until the condition of the road allows heavy hauling without damage being done to the road.
15. There will be no staging or parking of equipment or vehicles on County-maintained roads or
roads maintained by the Department of Defense. The applicants shall utilize on-site
locations and private rights-of-way.
16. If excessive heavy truck hauling of concrete or materials cause dust problems to the
adjacent property owners, the applicants shall be required to provide an adequate dust
supressant chemical(calcium chloride or magnesium chloride)for approximately 300 feet
at any residence. Determination on the application shall be made by the Weld County
Department of Public Works (Motor Grader Division Supervisor) based on complaints,
average daily traffic counts, and increase of heavy truck hauling associated with this
operation.
17. If a drain culvert is required,a 15-inch corrugated metal pipe is the County's minimum size
requirement. If the applicants choose to place a larger culvert,they shall contact the Weld
County Department of Public Works to adequately size the culvert.
18. 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.
19. Adequate turning radii shall be installed at all entrances to accommodate large truck
movement.
20. The off-street parking and loading zones shall be surfaced with gravel,or the equivalent,and
shall be graded to prevent drainage problems.
21. 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 development, the
applicants/landowner(s) shall be responsible for controlling noxious weeds.
22. The applicants shall utilize the Manual for Uniform Traffic Control Devices (MUTCD) to
appropriately sign construction zones and crossings adjacent to County roads.
23. The historical flow patterns and run-off amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent property
damage of the type generally attributed to run-off rate and velocity increases, diversions,
concentration and/or unplanned ponding of storm run-off.
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DEVELOPMENT STANDARDS - CEDAR CREEK WIND ENERGY, LLC, AND GREEN LIGHT
ENERGY, INC. (USR #1562)
PAGE 3
24. The applicants must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
25. The applicants shall utilize an Erosion Control Plan until vegetation is established in the area.
26. Tracking pads are required at all measured construction locations where there is heavy
traffic coming from the site onto 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.
27. The access road to the switching station shall be maintained by the operator to support the
imposed loads of fire apparatus, and shall be provided with a surface so as to provide
all-weather driving capabilities.
28. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
30. Weld County Government personnel shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property complywith the
Development Standards stated herein and all applicable Weld County regulations.
31. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
32. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
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