HomeMy WebLinkAbout20062074 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1563 FOR A MAJOR FACILITY OF A PUBLIC UTILITY (UP TO 300
INDIVIDUAL THREE-BLADED WIND TURBINE GENERATORS) 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#1563 for a Major Facility of a Public Utility(up to 300 individual three-bladed wind turbine
generators)in the A(Agricultural)Zone District on the following described real estate, being more
particularly described as follows:
Parts of Sections 19, 30, 31, and 34, Township 11
North, Range 58 West; pads of Sections 6 and 7,
Township 10 North, Range 59 West; parts of
Sections 16,21,22,23,24,25,26,27,28,29,30,31,
32, 34, and 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, and 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, and 36, Township 11 North, Range 60
West,and parts of Sections 25 and 36,Township 12
North, Range 60 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
WHEREAS,the Board of County Commissioners heard all of the testimony and 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 21-3-330 of the Weld County Code.
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SPECIAL REVIEW PERMIT#1563-CEDAR CREEK WIND ENERGY,LLC,AND GREEN LIGHT
ENERGY, INC.
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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. 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
to 40 percent of the area to be disturbed on a short-term basis during
construction. Wind turbines will be setback a minimum of 1,000 feet from
adjacent homes, and a minimum of 400 feet from existing roads and USR
site boundaries. Impacts on farming and ranching activities will be minimal
as these activities can continue up to the base of the wind turbines.
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 location of the facility was based upon
consistent wind speeds and appropriate topography. The proposal is
intended to help meet the renewable energy mandate outlined under
Amendment 37. Public Service Company of Colorado has signed a Power
Purchase Agreement with the applicants. Coal and/or gas power generating
facilities would not satisfy the renewable energy requirement.
d. Section 21-3-340.A.4 -- A satisfactory program to mitigate and minimize
adverse impacts has been presented. The applicants are in the process of
conducting site investigations and consultation with the State of Colorado,
Division of Wildlife (CDOW) 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 applicants have
indicated 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 off-site
mitigation areas. Final locations for facility components and final mitigation
measures will be determined prior to applying for building permit applications.
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ENERGY, INC.
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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.
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. The Town of Grover is
located to the west of the wind farm facility, and in a referral letter dated
July 7, 2006, the Town indicated its support for the project.
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
applicants have indicated that they will work with the Weld County
Department of Public Works to ensure the proper maintenance and repair
of all roads used by the project. The applicants will also propose to work
cooperatively with the Pawnee Fire Protection District to ensure adequate
fire protection. Only 15 to 20 long-term employees will utilize the site, and
they 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 five(5)miles east of Grover,Colorado,approximately 60 miles
southwest of Kimball, Nebraska, and approximately 55 miles northeast of
Greeley, Colorado.
g. Section 21-3-340.A.7--The nature and location,or expansion,of the facility
will not create an expansion of the demand for government services beyond
the reasonable capacity of the community or region to provide such services,
as determined by the Board of County Commissioners. Only 15 to 20
full-time employees are anticipated for this site. The Town of Grover
indicated support for the project and instated that the most important factor
in maintaining support from the Town of Grover will be adequately
maintaining and servicing roads that will handle additional traffic to support
the construction phase of the project.
h. Section 21-3-340.A.8--The facility site,or expansion area, is not in an area
with general meteorological and climatological conditions which would
unreasonably interfere with,or obstruct,normal operations and maintenance.
The 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
applicants will be required to obtain a well permit through the Colorado
Division of Water Resources for the permanent on-site operations and
maintenance facility. The application states the project will not impact the
hydrological flow of either surface water or groundwater, nor will it affect
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groundwater recharge. Existing drainage patterns will be preserved.
Permanent facilities will not be located in stream channels,and appropriately
sized culverts will be installed to maintain channel flow and morphology.
j. 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
applicants will be required to obtain a well permit through the Colorado
Division of Water Resources for the on-site operations and maintenance
facility.
k. Section 21-3-340.A.11 --The nature and location of the facility,or expansion,
will not unduly interfere with existing easements,rights-of-way,other utilities,
canals, mineral claims,or roads. The applicants have negotiated land lease
and easement agreements with property owners within the boundaries of the
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 and maintenance building)will be obtained
via a proposed well, and sewer will be provided by an individual sewage
disposal system. Electric, gas, and telephone are in the area.
m. Section 21-3-340.A.13--The nature and location for expansion of the facility
will not unduly interfere with any significant wildlife habitat or adversely affect
any endangered wildlife species, unique natural resources, or historic
landmarks within the impact area. The State of Colorado,Division of Wildlife
(CDOW),stated in a letter dated June 25,2006,that staff had reviewed the
application and consulted with biologists,staff from the U.S. Fish and Wildlife
Service(USFWS),staff from the Colorado State Land Board(CLSLB),and
biologists from the Colorado Natural Area Program of Colorado State Parks.
Additionally,the CDOW has met with the applicants on numerous occasions
and notes that they are continuing a dialog with the applicants in an effort to
resolve outstanding concerns, and are optimistic towards their willingness
to work cooperatively in minimizing risk to wildlife. However, in the opinion
of the CDOW there are ten significant issues to be resolved as of June 25,
2006. The applicants are 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
applicants will coordinate with the SHPO to conduct on-site preconstruction
surveys or monitoring during construction to minimize and/or avoid impacts
to cultural resources.
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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. The 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.
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 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 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
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(Sidney Draw)and ephemeral playa lakes within the
site. Wind turbine sites will be located outside of these areas. Existing
drainage patterns will be preserved during the construction phase and
long-term operation of the facility.
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 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 cover approximately 118 acres of the 31,670-
acre site. The wind turbines and associated operations will not interfere with
existing oil and gas facilities. The applicants have been working with the U.S.
Fish and Wildlife Service and the State of Colorado, Division of Wildlife,
regarding mitigating impacts to wildlife.
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
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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 the applicants and 31 property
owners.
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 Health Department is requiring that a Waste Handling Plan be submitted
as a Condition of Approval.
u. Section 21-3-340.A.21 -- The scope and nature of the 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--The purpose and need for the 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 in response to the need of the Public
Service Company of Colorado for additional energy resources,and its 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 December2004,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 their electricity from renewable energy resources by 2007,six
(6) percent by 2011, and ten (10) percent by 2015. 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
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Company of Colorado meet obligations related to the Renewable Energy
Requirement.
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#1563 for a Major
Facility of a Public Utility (up to 300 individual three-bladed wind turbine generators) 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 plat:
A. 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.
B. The applicants 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.
C. The applicants shall demonstrate attempted compliance with the Colorado
Division of Wildlife, as stated in the referrals dated June 25, 2006, and
July 12, 2006.
D. The applicants shall demonstrate attempted compliance with the U.S. Fish
and Wildlife Service, as stated in the referral received July 12, 2006.
E. The applicants shall provide current evidence that the facility has an
adequate water supply(i.e., well or community water system).
F. The applicants shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
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Public Health and Environment. The plan shall include at a minimum, the
following:
1) A list of wastes which are expected to be generated on the site(this
should include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on
the site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
4) Written evidence of such shall be submitted to the Department of
Planning Services.
G. The applicants shall vacate Special Use Permit #141 (Radio Towers -
located within the NE1/4 of Section 21,Township 11 North, Range 60 West)
and Use by Special Review Permit#594(Gravel mining-located within the
SE1/4 of Section 12, Township 10 North, Range 60 West) or amend the
boundaries of USR #1563 to exclude the SUP-141 and USR-594 permit
boundaries.
H. The applicants shall identifya designated haul route from the nearest paved
road to the office and substation. Written evidence that this haul route has
been designated and accepted shall be provided to the Department of
Planning Services.
To determine if a road right-of-way exists along a section line,determine the
land patent date. The applicants shall complete a Nonexclusive License
Agreement for the Upgrade and Maintenance of applicable Weld County
rights-of-way.
J. The access width requirements for emergency equipment(fire department)
is a minimum of 20 feet. The applicants 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
applicants shall provide written verification of such to the Department of
Public Works.
K. The applicants shall attempt to address the requirements of the Pawnee Fire
Protection District, as stated in the referral dated June 8, 2006. As
constructed, plans for the building will be submitted to the Pawnee Fire
Protection District.
L. The Subdivision Exemption plat for the main substation shall be submitted
for recording to the Department of Planning Services.
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M. A Landscape/Screening Plan shall be submitted to the Department of
Planning Services for the substations to screen the facilities from residences
within site distance.
N. The applicants shall provide the Department of Public Works with an
approximate number of semi-trailer trips and large truck usages to the site
during the construction of the project, on a daily or weekly basis.
O. The applicants shall submit evidence to the Department of Public Services
that Federal Aviation Administration(FAA)requirements have been met for
the facility.
P. 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.
Q. The applicants shall submit a Screening Plan to the Department of Planning
Services to address screening of the substations from residences within site
distance.
R. Written evidence from the applicants indicating all requirements and
agreements between the surface developer and the mineral owners and/or
lessees have been completed and shall be submitted, or evidence that an
adequate attempt has been made to mitigate their concerns, or drill
envelopes delineated on the plat shall be submitted to the Department of
Planning Services.
S. The applicants shall install appropriate signage on the designated haul route
and site locations. The applicants shall also provide a plan showing sign
locations to the Department of Public Works.
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.
B. All sheets shall be labeled USR-1563.
C. The Development Standards associated with this application.
D. Graphically delineate the locations of the transmission line relative to
sensitive areas as identified in the CDOW referral dated June 25, 2006, of
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the most recent correspondence of record, specific to setbacks of turbines
from escarpment edges,raptor nests and Plains Sharp-tailed grouse habitat.
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.
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 the site.
B. A plan review is required for each building for which a building permit is
required. Plans shall bear the wet stamp of a Colorado registered architect
or engineer. Two complete sets of plans are required when applying for
each permit. Building plans shall also be submitted to the Pawnee Fire
Protection District.
C. Buildings/structures shall conform to the various codes adopted at the time
of the permit application. Currently,the following codes have been adopted
by Weld County: 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.
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.
E. The structures 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.
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 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.
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G. 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.
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. The applicant shall
contact the Water Quality Control Division of the Colorado Department of
Public Health and Environment atwww.cdohe.state.co.us/wq/PermitsUnitfor
more information.
8. Prior to issuance of Certificate of Occupancy:
A. An Individual Sewage Disposal System is required for the temporary office
trailer complex and the permanent operations and maintenance building,and
shall be installed according to the Weld County Individual Sewage Disposal
System (I.S.D.S.) Regulations.
B. The septic system is required to be designed by a Colorado registered
professional engineer according to the Weld County I.S.D.S. Regulations.
9. Prior to operation:
A. The applicants 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.
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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.
BOARD OF CO NTY COMMISSIONERS
� �® a WELD COU , COLORADO
ATTEST: q
c M. J. ile, Chair
Weld County Clerk to the e
1
tiut. *' David E. Long, Pro-Tem
BY: I l SCI l
Depu Clerk t e Board EXCUSED
Will H. Jerke
AP V AS TO FO
Robert D. Masden
C n At
trd g
Glenn Vaad
Date of signature: (4 71
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CEDAR CREEK WIND ENERGY, LLC
AND GREEN LIGHT ENERGY, INC.
USR#1563
1. A Site Specific Development Plan and Use by Special Review Permit#1563 is for a Major
Facility of a Public Utility(up to 300 individual three-bladed wind turbine generators)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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. All liquid and solid wastes,as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5,C.R.S.,shall be stored and removed for final disposal in a manner 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,fugitive particulate conditions,blowing debris and other potential nuisance conditions.
6. The applicants shall operate in accordance with the approved Waste Handling Plan.
7. 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.
8. The applicants shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District, as delineated in Section 25-12-103, C.R.S.
9. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
10. Adequate hand washing and toilet facilities shall be provided for employees and visitors of
the facility.
11. Sewage disposal for the facility shall be by septic system. Any septic system located on the
property must comply with all provisions of the Weld County Code, pertaining to Individual
Sewage Disposal Systems.
12. Bottled water shall be utilized for drinking and hand washing during construction of the
project.
13. Adequate portable toilet facilities shall be provided during the construction of the project.
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DEVELOPMENT STANDARDS - CEDAR CREEK WIND ENERGY, LLC, AND GREEN LIGHT
ENERGY, INC. (USR#1563)
PAGE 2
14. If applicable,the applicants shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
15. 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,
Colorado, 80632, at 970-381-3779. This permit shall be in place prior to any work being
done within the right-of-way.
16. 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.
17. There will be no staging or parking of equipment or vehicles on maintained County roads.
The applicant shall utilize on-site locations and private rights-of-way.
18. 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
suppressant 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.
19. If Weld County roads are damaged beyond normal wear and tear by importing or delivering
concrete material due to heavy hauling,the applicants or the applicants'contractorwill repair
the road damage to the satisfaction of the Department of Public Works (Motor Grader
Division Supervisor). The Weld County Department of Public Works will determine when
this is warranted.
20. 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.
21. Access shall be placed in such a location as to have adequate sight distance in both
directions, and not below the crest of a hill or where physical obstructions are present.
22. Adequate turning radii shall be installed at all entrances to accommodate large truck
movement.
23. The off-street parking and loading zones shall be surfaced with gravel or the equivalent and
shall be graded to prevent drainage problems.
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ENERGY, INC. (USR#1563)
PAGE 3
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 development, the
applicants/landowners shall be responsible for controlling noxious weeds.
25. The applicants shall utilize the Manual on Uniform Traffic Control Devices (MUTCD) to
appropriately sign construction zones and crossings adjacent to County roads.
26. 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.
27. The applicants must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
28. The applicants shall utilize an Erosion Control Plan until vegetation is established in the area.
29. 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.
30. A building permit shall be obtained prior to the construction of the wind turbines and any
other buildings or structures on the site.
31. In areas where sensitive historic,paleontological,or archeological resources are known to
occur, the applicants will coordinate with the State Historic Preservation Office to conduct
on-site preconstruction surveys or monitoring during construction to minimize and/or avoid
impacts to cultural resources.
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.
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.
34. Effective August 1,2005,building permits issued on the lots will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
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.
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DEVELOPMENT STANDARDS - CEDAR CREEK WIND ENERGY, LLC, AND GREEN LIGHT
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PAGE 4
37. The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code.
38. Weld County Government personnel shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
39. 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.
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.
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