HomeMy WebLinkAbout20062067 MEMORANDUM
II D' TO: Kim Ogle, Planning Services DATE: June 15, 2006
CFROM: Donald Carroll, Engineering Administrators
•
COLORADO SUBJECT: USR-1562 and USR-1563
Cedar Creek Wind Energy LLC, Green Light Energy Inc.
The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the
purview of the Use by Special Review Standards, Weld County Code, Chapter 23, Article II, Division 4, Section
23. Our comments and requirements are as follows:
COMMENTS:
Section Line Access: (right-of-wav)
To determine if a road right-of-way exists along your section line, determine the land patent date. Weld County
may, if approved by the BOCC, grant a Nonexclusive License Agreement for the upgrade and maintenance of
private improvement within this right-of-way.
/ The applicant shall complete a Nonexclusive License Agreement for the Upgrade and Maintenance of Weld
.,ounty Right-of-Way.
The site specific development plan and use by special review (USR) questionnaire was not a part of the
applications. In the questionnaire document, it states the following questions are to be answered and
submitted as a part of the USR application. Many of these items play a key role in my referral for conditions
and standards as a part of the application.
This site has been reviewed for a Major Facility of a Public Utility. There are approximately 72 miles of 230 KV
transmission line and one new switching station. 300 individual three-blade wind turbine generators and three
substation locations associated with the USRs
Many of the major roads within the Cedar Creek Wind Energy USR area are also shared by Warren Air Force
Base for transporting and access their facilities in the area.
REQUIREMENTS:
The applicant shall complete the USR questionnaire and submit it as a part of the USR packet.
Utility/Right-of-Way Permit: 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. 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.
'pedal Transport Permit: This permit shall be obtained also from the Weld County Public Works
.Department for transporting the 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.
2006-2067
Kim Ogle, Planning Services
—i1SR-1662 and USR-1563
une 15, 2006
Page 2
Office/Concrete Batch Plant: 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 to the Public Work Department (Motor Grader Division Supervisor). The Weld
County Public Works Department will determine when this is warranted.
The applicant needs to provide a plat drawing of the concrete batch plant layout showing access, circulation,
and stockpiling of material.
In the questionnaire, Item 5f, the applicant needs to provide an approximate number of semi-tractor trailer trips
large trucks usages on a daily or weekly basis to the site. The number of concrete trucks, material-type trucks
delivering products to make concrete is identifying a water source for storing on site for a location so the water
trucks could access.
The applicant needs to identify a designated haul route from nearest paved road to the office, concrete batch
plant, and substations.
There shall be no staging or parking of vehicles or equipment on maintained county roads. Utilize on-site
locations and private rights-of-way.
Upon notice by Weld County, the applicant will 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
tepartment. Hauling operations will not be allowed to resume until the condition of the road allows heavy
hauling without damage being done to the road.
Dust Suppressant: 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
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.
Access Improvements: At all three substations and the switching station, construction drawings were
provided in the packet. These plans have been reviewed and approved for construction.
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 Publics Department to adequately
size the culvert.
The 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.
Adequate Turning Radiuses shall be installed at all entrances to accommodate large truck movement.
The off-street parking and loading zones shall be surfaced with gravel or the equivalent and shall be graded to
prevent drainage problems.
Kim Ogle, Planning Services
a ISR-1562 and USR-1563, Cedar Creek Wind Energy LLC, Green Light Energy Inc
Jne 8, 2006
Page 3
Access Width Requirements: The access width requirements for emergency equipment (fire department)
are 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 documentation to that effect.
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 the noxious weeds.
County Right-of-Way: (Section line) In reviewing the section line existing land use of right-of-way, Figure 9
section drawings identify that the transmission line will not be in the county right-of-way (section line access)
that it will be parallel and be 150-foot wide private right-of-way. Usually, the right-of-way on section line is 60
feet. This needs to be determined through the land patent date. If the applicant is utilizing county right-of-way
for the transmission line, a license agreement shall be required.
The right-of-way or easement shall be a graded and drained road to provide an all-weather access.
Signing: Utilize the (MUTCD) Traffic Manual appropriately sign construction zones and crossing adjacent to
county roads.
—The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the state highways.
lease contact Gloria Hice-Idler at the Greeley office to verify the access permit or for any additional
requirements that may be needed to obtain or upgrade the permit. (1-76 East Frontage Road, a switching
station)
Storm Water Drainage: The applicant has provided storm water drainage plans for the three substations and
the switching station.
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.
The applicant must take into consideration storm water capture/quantity and provide accordingly for best
management practices.
Utilize erosion control plan for all four sites until vegetation are established in the area.
Set Backs: Generally, the county road right-of-way is 60 feet. Pursuant to the definition of set back in Weld
County zoning (23-1-90), the required set back is measured from the right-of-way line or future right-of-way
line. It appears that all county roads being maintained in the area appear to have 60 feet of right-of-way. The
section line access usually has 60 feet of right-of-way, 30 feet on either side of the section line. I have not
researched the status of any of the section line right-of-way adjacent to the proposed transmission line
sections.
Kim Ogle, Planning Services
---1 JSR-1562 and USR-1563, Cedar Creek Wind Energy LLC, Green Light Energy Inc
Line 8, 2006
Page 4
Tracking Pad: Tracking pads are required at all measure construction locations where there is heavy traffic
coming from the site on to the county road. The purpose of the tracking pads is to keep mud and debris from
leaving the site and being tracking on the county road contaminating the existing gravel road with mud and
debris.
pc: Ted Eyl, Engineering Tech II
USR-1562
USR-1563
M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1562 and USR-1563.doc
4 DEPARTMENT OF PLANNING SERVICES
BUILDING INSPECTION
NORTH OFFICE
918 10'°Street
GREELEY, COLORADO 80631
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
C. SOUTHWEST OFFICE
4209 CR 24.5
COLORADO PHONE ext.
CO88730
(720)652-4210 ext. 8730
FAX(720)652-4211
June 20, 2006
Cedar Creek Wind Energy
Site Specific Development Plan and Special Review Permit 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.
USR-1562
1. A building permit shall be obtained prior to the construction of the switching station and any other
buildings or structures on site.
2. 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 Pawtee Fire Protection District.
3. Buildings shall conform to the requirements of the various codes adopted at the time of permit application.
Currently the following has been adopted by Weld County: 2003 International Building Code; 2003
International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code;and
the 2005 National Electrical Code and Chapter 29 of the Weld County Code.
4. Each building 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.
5. The structure will probably be classified as B (switching station)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 by the Zoning Ordinance.
6. 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 buildings 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.
Please contact me for any further information regarding this project.
Sin ly,
V
rV' it
Building Official
JUN-14-2006 11:59 FROM-CD0T GREELEY TRAF +9703502258 T-234 P.001/002 F-587
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION Ursa' SOT
REGION 4 TRAFFIC
1420 Second Street nosGreeley,Colorado 80631 ,,,,,.,.,.,.-__...�...._.
(970)350-2163
Weld County/1-76
Near Keenseburg
June 14,2006
Weld County Planning and Zoning
918 10th Street
Greeley,CO 80631
Dear Kim Ogle:
The Colorado Department of Transportation has reviewed the referral for Case Number USR-1562.CDOT has no access
issues with this proposal.
If any further questions
/narisee,[pplllease don't hesitate to contact me at(970)350-2163.
V Jvrr) �J dotty,
_" !
Tim Bilobran
Assistant Access Manager
CDOT Region 4
��£ST OF
^. •� V�� DEPARTMENT OF THE ARMY
4�: ., CORPS OF ENGINEERS,OMAHA DISTRICT
I""-'a e'-. m DENVER REGULATORY OFFICE,9307 SOUTH WADSWORTH BOULEVARD
°l '',All,'' ',� LITTLETON,COLORADO 80128-6901
May 30, 2006 Weld County Planning Department
GREELEY OFFICE
Mr. Kim Ogle
Weld County Department of Planning Services JUN X 1 2006
918 I 011 Street
Greeley, CO 80631 RECEIVED
RE: Cedar Creek Wind Energy LLC; Green Light Energy, Inc., Case Number USR-1562
Corps File No. 200680295
Dear Mr. Ogle:
If any work associated with this project requires the placement of dredged or fill material, and
any excavation associated with a dredged or fill project, either temporary or permanent, in waters of the
United States at this site, this office should be notified by a proponent of the project for Department of the
Army permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act. Waters
of the U.S. includes ephemeral, intermittent and perennial streams, their surface connected wetlands and
adjacent wetlands and certain lakes, ponds, drainage ditches and irrigation ditches that have a nexus to
interstate commerce.
Please see the enclosed list of environmental consultants that may help you with your
delineation and mapping of waters of the U.S.
Work in waters of the U.S. should be shown on a map identifying the Quarter Section, Township,
Range and County of the work and the dimensions of work in each area of waters of the U.S.
If there are any questions call Mr. Terry McKee at 303-979-4120 and reference Corps File No.
200680295.
Sincerely,
J. Sot
J. Scott Franklin
Chief, Denver Regulatory Office
tm
Jun 09 06 04:30p Division of Wildlife 303-776-6663 p.2
Weld County Planning Commission Hearing (if applicable) July 16, 2006
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
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Signature a g 71/ Date O9 ✓n-fn'c c
Agency coo /J/r/.
*Weld County Planning Dept, +4209 CR 24.5,Longmont,CD.80504 +(720)6524210 ext.8730 ("(720)652-4211 fax
Weld County Planning Department
SOUTHWEST BUILDING
JUL 1 2 2006
a MEMORANDUM RECEIVED
,At t TO: KIM OGLE,PLANNING SERVICES
FROM: CHARLOTTE DAVIS,ENVIRONMENTAL HEALTH
lSUBJECT:USR-1562 NLI CEDAR CREEK WIND ENERGY LLC;
C
OATEO H0S 2 O RGY INC.
COLORADO CC:
Environmental Health Services has reviewed this proposal for a 72 mile 230 KV
transmission line and one new switching station. We have no objections to the
proposal, however, we do recommend that the following conditions be part of any
approval:
We recommend that the following requirements be met prior to allowing the plat to be
recorded:
1. 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 &
Environment.
We recommend that the following requirements be incorporated into the permit as
conditions that must be met one month prior to construction activities:
1. 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 the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more
information.
We recommend that the following requirements be incorporated into the permit as
development standards:
1. 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.
2. 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.
3. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential
nuisance conditions.
4. 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.
5. The switching station shall adhere to the maximum permissible noise levels
allowed in the Industrial Zone as delineated in 25-12-103 C.R.S., as amended.
6. Adequate toilet facilities (port-a-potty) shall be provided during the construction of
the project.
7. Bottled water shall be utilized for drinking and hand washing during construction
of the project.
8. If applicable, the applicant shall obtain a stormwater discharge permit from the
Colorado Department of Public Health & Environment, Water Quality Control
Division.
9. The operation shall comply with all applicable rules and regulations of the State
and Federal agencies and the Weld County Code.
2
STATE OF COLORADO F++& fti e.h ! L RR.._
Bill Owens,Governor •L��
DEPARTMENT OF NATURAL RESOURCES 31`
DIVISION OF WILDLIFE
AN EQUAL OPPORTUNITY EMPLOYER lit
Bruce McCloskey, Director
6060 Broadway For 1lrldllfe-
Denver, Colorado 80216 For People
Telephone: (303)297-1192
Dave Clarkson,Area Wildlife Manager June 18,2006
317 West llaspect
Fort Collins,Colorado 80526
Kim Ogle, Planner
Weld County Planning Services
4209 CR 24.5 Re: USR1562, Cedar Creek Wind Energy LLC
Longmont, Colorado 80504 Transmission Line
Dear Mr. Ogle:
The Colorado Division of Wildlife(CDOW)received the above referenced packet, concerning the
proposed transmission line for the Green light Energy wind facility. Division staff has reviewed the
information provided, and have consulted with biologists and enforcement personnel for the United States
Fish and Wildlife Service(USFWS), personnel of the Colorado State Land Board and biologists for the
Colorado Natural Heritage Program of Colorado State Parks. Over the last several months we have also
met on numerous occasions with Gist light Energy Inc. staff and their consultants to discuss potential
natural resource issues arising from this development. We are continuing our dialog with the applicant in
an effort to resolve outstanding concerns, and have been pleased with their willingness to work
cooperatively in minimizing risk to wildlife. However it should be made clear that as of the posting of
this letter there are still significant issues to be resolved. CDOW is providing the following 13
recommendation in brief form on pages 1 through the top of page 3. The Appendix on pages 3-5 provide
rational, details and discussion explaining each of our recommendations
1. All involved in planning and developing this project should strive to honor the unique character,
ecosystem richness, significant wildlife habitat, and value to sensitive species found on the Chalk
Bluffs Natural Area(State Land Board parcel 2013 at T10N,R60W,Sec.16)by minimizing
development of this key natural resource site to all extents possible. Colorado Natural Heritage
Program(CNHP)of Colorado State Parks Division input should be considered as part of any
development plan for this section.
2. To this end, The Secondary Proposed Transmission Line, marked with the#1 on the
Transmission line vicinity map of this application, is the CDOW preferred transmission line
routing in the vicinity of the escarpment at the western edge of the proposed Cedar Creek Wind
Energy Production Area. The transmission line, marked as#2 and#3, running diagonally across
the above referenced State Land Board parcel is not an acceptable routing by the CDOW. CNHP
has also expressed concern about the#2-3 routes across the Registered Natural Area.
DEPARTMENT OF NATURAL RESOURCES,Russel George,Executive Director
WILDLIFE COMMISSION,JetheyCrawfurd,Chair•Tom Burke,Vice Chair^Cleve O'Neal, Secretary
3. Should the Proposed Transmission Line Route, designated by#7 on Plot plan Map 2, be
selected as the final route, CDOW would recommend that the transmission line between Weld
Roads 106 and 98 be located as far east in the corridor as possible to avoid the Crow Creek
drainage. Setback from Crow Creek in this vicinity is recommended to be no less than 'A mile.
This reach of Crow Creek has been designated as High Impact Wildlife Habitat in the Significant
Wildlife Habitat Maps, adopted by Weld County Department of Planning Services in 1996.
4. DOW preferred power line crossing at the South Platte River would be by boring under the river
channel. However DOW understands that cost for boring the transmission line is prohibitive and
could present a significant potential environmental hazard. Therefore the preferred alternative
crossing for the South Platte would be the Secondary Proposed Transmission Line Route
(#14),referenced on map 6,and located in the vicinity of the Hardin Bridge, north of Weld
County Road 380. It is recommended that the river and associated wetlands be spanned using the
widest spacing feasible. Proposed Transmission line#15 is not a preferred crossing for the South
Platte. Construction along the river corridor would be best accomplished between August first
and February first. If construction activity is initiated between February first and April first, the
site should be pre surveyed to ensure that there are no nesting or bonded pairs of Bald eagles
defending territories in the vicinity, and that active raptor or passerine songbird nests are not
disturbed.
5. At the South Platte crossing and associated wetlands, we would recommend that lines be well
marked with red balls designed to make power lines highly visible. Additionally, vibration
dampers painted in daylight fluorescent orange should be installed on lines to maximize visibility
of the lines for birds and aircraft flying the river.
6. In an effort to minimize habitat fragmentation and potential for raptor strikes, the CDOW would
recommend that to all extent possible transmission lines should be located in close proximity to
existing power lines and/or road right of ways.
7. Where feasible power lines and transmission lines should be placed underground. Above ground
lines, substations, switching stations and other electrified infrastructure should be constructed
using the latest technology for minimizing electrocution risk for wildlife.
8. Trees that are cut down to create the transmission line corridor across the South Platte should be
replaced on a minimum 2:1 basin to mitigate the loss of woody vegetation. Alternatively, shrub
clumps/thickets, using fruit or mast bearing species could be installed within the riparian corridor
near the transmission line to offset the loss of trees. It is strongly encouraged that tree removal
during construction and routine maintenance occur between August first and February first to
avoid nesting species. Prior to tree removal the corridor should be surveyed for large raptor nest
structures. Trees with nest structures should be avoided if possible. Removal of nest trees should
be mitigated in consultation with CDOW and/or USFWS biologists.
9. Routing of the transmission line should avoid playas, also known as ephemeral or vernal ponds, by
a setback of 0.25 miles from the fill line of playas greater than five surface acres in size at
maximum fill. All transmission poles within 'A mile of playas should have anti perching devices
installed to minimize use by raptors as hunting perches. Construction/maintenance roads near
playas should not enter the playa basin and should avoid the upland fringe.
10. If possible, the transmission line corridor should avoid Black-tailed Prairie Dog colonies. When
unavoidable, routing lines through prairie dog towns should be done using the widest span
possible between poles. Surveying and construction/maintenance activities conducted between
March 15 and October 31 should be implemented only after the site is surveyed (see attachment
one for recommended protocol)for occupancy by Burrowing Owls, a Federal and State listed
Threatened Species. Between April first and August 15 colonies should be surveyed for
occupancy by Mountain Plover, a species of concern, before onset of construction/maintenance
activities. Rocky Mountain Bird Observatory(RMBO) and CDOW have a cooperative program
providing certified biologists free of charge for plover surveys upon request. In order to minimize
electrocution hazards, transmission line structures within ''A mile of prairie dog towns should be
installed with anti perching devices to minimize use by raptors as hunting perches.
11. With the assistance of the Natural Resource Conservation Service(USNRCS)and the Weld
County Weed Division Supervisor, a noxious weed and re-vegetation management plan should be
developed and implemented in areas where there will be disturbance due to construction activities.
Noxious weed management should continue throughout the useful life of the transmission line,
and for five years after operation ceases. Construction and maintenance equipment should be
cleaned when moved from site to site to prevent the spread of noxious weeds. All areas disturbed
by construction should be returned to natural contours and reclaimed with native vegetation. A
re-vegetation standard used by the USFS requires 80% coverage by native vegetation as a
measure of successful reclamation.
We would recommend that van pooling or use of a bus be considered for transporting the up to 40
construction workers that will commute to construction sites along the transmission line.
12. The transmission line should be designed to accommodate and carry the capacity expected by
future growth of the wind energy industry in northern Weld County.
Appendix.
The above recommendations are based on but not limited to the following background information in
matching sequential order:
1. Chalk Bluffs Natural Areas is enrolled in the Stewardship Trust Program of the State Land Board,
and is also a Registered Natural Area in the Colorado Natural Heritage Program(CNHP),
administered by Colorado State Parks. Rare and sensitive plant species have been located on site,
and the area has been identified for high raptor use and nesting habitat. The view from this
escarpment is unequaled in Weld County. This natural area may be considered representative of
the unique and highly diverse plant community and extremely high quality wildlife habitat found
along the entire length of this escarpment. Because of these qualities strong effort should be
given to minimizing fragmentation and preserving the invaluable flora and fauna associated with
the escarpment, including this registered Natural Area.
2. The CDOW preferred transmission line route in this vicinity would minimize fragmentation and
provide maximal protection to flora and fauna along the escarpment, including the Chalk Bluffs
Natural Area.
3. Open canopied deciduous woodlands along Crow Creek, as it runs through shortgrass steppe,
play a pivotal role in providing nesting, perching, hunting roosts and night roosts for raptors,
migratory songbirds, and resident songbirds. These shaded areas also provide essential shelter
and resting habitat for deer, raccoon and many other species. The importance of this site as
Weld County mapping. Mitigation by planting replacement trees for trees removed due to power
line routing in this area has a high probability for failure, and under best of circumstances
replacement trees would take decades to establish themselves. Therefore the better option is to
avoid the riparian bottom by adequate setback to the east.
4. CDOW anticipates that it is highly likely that waterbirds, waterfowl and raptors will be imperiled
by the transmission line crossing the South Platte River and associated wetlands. Agency officers
have picked up Great Blue Herons, American White Pelicans and other birds killed by power line
strikes along the river and over wetlands in Weld County. Excessive take of migratory birds and
raptors by this wind generation facility and associated transmission line may constitute a violation
of the Migratory Bird Treaty Act, the Raptor Act and/or the Bald Eagle Act administered by the
USFWS with the assistance of CDOW. It is our expectation that the developer and operator of
this facility will fully participate in working together to minimize losses to species protected by
these acts, and to mitigate for excessive loss of wildlife.
5. Proposed Transmission Line#15 crosses the river at or near the Bijou Outtake Diversion Dam.
Spring Lake, a warmwater slough, is located immediately north of the river at this location. The
river and slough in this area remain unfrozen in winter. Therefore, the site is a concentration area
with night roosts and hunting roosts for the American Bald Eagle. There is a Bald Eagle nest that
has been active for over ten years, approximately two miles downstream from the diversion dam.
In a cooperative effort between private landowners,Ducks Unlimited, CDOW and USFWS
significant wetland development has occurred on the TH Ranch and Eagle's Nest Gun Club in the
vicinity. These projects have restored wetlands in an effort to hold migratory birds and provide
quality waterfowl habitat. The number 14 crossing would span the river in an area with less
significant wetland habitat.
6. No additional comment.
7. A goal of the project should be to minimize habitat fragmentation to escarpments, shortgrass
steppe, sandhills midgrass steppe, and wetlands by locating along existing power line and other
development corridors.
8. Among other sources, recommendations are available through the Avian Interaction Committee
(1994, 1996), and through an MOU negotiated between USFWS and western Rural Electric
Cooperatives.
9. Mitigation for tree removal is acceptable along the South Platte River, as this area has relatively
high tree density, and replacement of trees has a high success rate. Along Crow Creek and other
isolated pockets of trees on the high plains, setback and avoidance of tree groves is the highly
preferred option. Mitigation for timber removal in these isolated woodlands should only be used
as a last resort.
10. When full, playas concentrate wildlife. Recommendations from Playa Lakes Joint Venture in
consultation with recommended research experts provided the source information. All consulted
agreed that placing transmission lines over the tops of playas significantly increases the
opportunity for bird strike and mortality in these areas. Fatally injured birds dropping into filled
playas during summer and early autumn provides a potential source for spread of Avian Botulism,
a deadly diseac'for birds. Once established, avian botulism will remain endemic in the playa.
Avian Botulism has been established in Bebee Draw since the mid 1980's. Over the years there
have been several outbreaks in this area, the worst of which resulted in the death of 12,000 to
15,000 waterfowl and waterbirds in a single year. Consequently, the CDOW must maintain a time
consuming and costly monitoring program for this disease. Our agency does not have the
resources to monitor the numerous playas in northern Weld County. Therefore it is essential to
absolutely minimize the opportunity for this disease to spread beyond the established area.
11. Prairie dog towns are another area of concentrated wildlife use. Installation of and raptor
perching devices in the vicinity of prairie dog towns and playas will help maintain the traditional
balance between avian predators and prey species concentrated at these sites. The goal of
development, especially with regards to potential negative impacts to threatened/endangered
(T&E) species or species of concern. Pre surveying sites prior to development activity for
occupancy by T&E species will help ensure that the developer is in compliance with Federal and
State laws protecting these species.
12. No comment.
13. Minimizing road traffic will reduce the risk of vehicle strikes with wildlife, especially songbirds,
and will reduce fugitive dust concerns in rural areas.
14. Providing capacity for expansion will minimize future habitat fragmentation by minimizing the
need for more power lines.
We appreciate the opportunity to review and comment on this proposal. It is our hope that by
working closely together we can help facilitate the development of this crucial industry for Colorado
while still protecting the invaluable wildlife and other natural resources that are so important to Weld
County. Our best wishes to Green light Energy Inc. as they go forward with this project! Please feel
free to contact Larry Rogstad at 970-302-7394 if we can be of further service.
Sin
(Bate Clarkson
Area Wildlife Manager
317 W. Prospect St
Fort Collins, Colorado
80526.
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STATE OF COLORADO
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Bill Owens,Governor ,�
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
AN EQUAL OPPORTUNITY EMPLOYER O4 OF V
Bruce McCloskey,Director
6060 Broadway For Wildlife-
6060 Colorado 80216 For People
Telephone:(303)297-1192
RECOMMENDED SURVEY PROTOCOL AND ACTIONS TO PROTECT NESTING BURROWING
OWLS
Western Burrowing Owls(Athene cunicularia hypugaea)are commonly found in prairie dog towns throughout
Colorado. Burrowing Owls require prairie dog or other suitable burrows(e.g.badger)for nesting and roosting.
Burrowing Owls are migratory,breeding throughout the western United States, southern Canada, and northern
Mexico and wintering in the southern United States and throughout Mexico.
Federal and state laws prohibit the harming or killing of Burrowing Owls and the destruction of active nests. It is
quite possible to inadvertently kill Burrowing Owls during prairie dog poisoning projects,removal of prairie
dogs,or during earth moving for construction. Because Burrowing Owls often hide in burrows when alarmed,it
is not practical to haze the birds away from prairie dog towns prior to prairie dog poisoning/removal or
construction activity. Because of this,the Colorado Division of Wildlife recommends surveying prairie dog
towns for Burrowing Owl presence before potentially harmful activities are initiated.
The following guidelines are intended as advice on how determine if Burrowing Owls are present in a prairie dog
town,and what to do if Burrowing Owls are detected. These guidelines do not guarantee that Burrowing Owls
will be detected if they are present. However,adherence to these guidelines will greatly increase the likelihood of
detecting Burrowing Owls
Seasonal Timing
Burrowing Owls typically arrive on breeding grounds in Colorado in late March or early April,with nesting
beginning a few weeks later. Active nesting and fledging has been recorded and may be expected from late
March through early August. Adults and young may remain at prairie dog towns until migrating to wintering
grounds in late summer or early autumn.
Surveys should be conducted during times when Burrowing Owls may be present on prairie dog towns. Surveys
should be conducted for any activities occurring between 15 March and 31 October. No Burrowing Owls are
expected to be present between 1 November and 14 March.
Daily Timing
Burrowing Owls are active throughout the day;however,peaks in activity in the morning and evening make these
the best times for conducting surveys(Conway and Simon 2003). Surveys should be conducted in the early
morning(0.5 hours before sunrise until 2 hours after sunrise)and early evening(2 hours before sunset until 0.5
hours after sunset)
DEPARTMENT OF NATURAL RESOURCES,Russell George,Executive Director
WLDLIFE COMMISSION,Jeffrey Crawford,Chair•Tom Burke,Vice Chair•Claim O'Neal, Secretary
Members,Robert Bray•Rick Enstrom•Philip James•Richard Ray•Robert Shoemaker•Ken Torres
Ex Officio Members,Russel George and Don Ament
Number and locations of survey points
Burrowing Owls are most frequently located visually,thus obtaining a clear view of the entire prairie dog town is
necessary. For small prairie dog towns that can be adequately viewed in their entirety from a single location,only
one survey point is necessary. The survey point should be selected to provide unobstructed views(with
binoculars if necessary)of the entire prairie dog town(burrow mounds and open areas between)and all nearby
structures that may provide perches(e.g.,fences,utility poles, etc.)
For prairie dog towns that can not be entirely viewed from a single location because of terrain or size,enough
survey points should be established to provide unobstructed views of the entire prairie dog town and nearby
structures that may provide perches. Survey locations should be separated by approximately 800 m(0.5 mi),or as
necessary to provide adequate visual coverage of the entire prairie dog town.
Number of surveys to conduct
Detection of Burrowing Owls can be highly variable and multiple visits to each site should be conducted to
maximize the likelihood of detecting owls if they are present. At least three surveys should be conducted at each
survey point. Surveys should be separated by approximately one week.
Conducting the survey
Weather Considerations
Because poor weather conditions may impact the ability to detect Burrowing Owls, surveys should only be
conducted on days with little or no wind and no precipitation.
Passive surveys
Most Burrowing Owls are detected visually. At each survey location,the observer should visually scan the area
to detect any owls that are present. Some Burrowing Owls may be detected by their call,so observers should also
listen for Burrowing Owl while conducting the survey.
Burrowing Owls are frequently detected soon after initiating a survey (Conway and Simon 2003). However,
some Burrowing Owls may not be detected immediately because they are inconspicuous,are inside of burrows,or
are not present on the site when the survey is initiated. We recommend that surveys be conducted for 10 minutes
at each survey location.
Call-broadcast surveys
To increase the likelihood of detecting Burrowing Owls,if present,we recommend incorporating call-broadcast
methods into Burrowing Owl surveys. Conway and Simon(2003)detected 22%more Burrowing Owls at point-
count locations by broadcasting the primary male(coo-coo)and alarm(quick-quick-quick)calls during surveys.
Although call-broadcast may increase the probability of detecting Burrowing Owls,most owls will still be
detected visually.
We recommend the following 10-minute timeline for incorporating call-broadcast methods(Conway and Simon
2003,C.Conway pen.commun.). The observer should scan the area for Burrowing Owls during the entire
survey period.
• 3 minutes of silence
• 30 seconds call-broadcast of primary call(coo-coo)
• 30 seconds silence
• 30 seconds call-broadcast of primary call(coo-coo)
• 30 seconds silence
• 30 seconds call-broadcast of alarm call(quick-quick-quick)
• 30 seconds silence
• 4 minutes of silence
Calls can be broadcast from a"boom box"or a portable CD or cassette player attached to amplified speakers.
Calls should be broadcast loudly but without distortion.
Compact discs recordings of this survey sequence are available free of charge by contacting:
David Mute
All-bird Conservation Coordinator
Colorado Division of Wildlife
6060 Broadway
Denver,CO 80216
Phone: 303-291-7320
Email: David.Mute@state.co.us
Identification
Adult Burrowing Owls are small,approximately 9-11 inches. They are brown with white spotting and white
barring on the chest. They have long legs in comparison to other owls and are frequently seen perching on prairie
dog mounds or other suitable perches(e.g.,fence posts,utility poles)near prairie dog towns. Juvenile Burrowing
Owls are similar to adults but smaller,with a white/buff colored chest that lacks barring.
General information about Burrowing Owls is available from the Colorado Division of Wildlife website:
http://wildlife.state.co.us/WildlifeSnecies/Profiles/Birds/BurrowingOwl.htm
Additional identification tips and information are available from the U.S. Geological Survey Patuxent Wildlife
Research Center website:
httn://www.mbr-Dwrc.uscs.cov/id/framlst/i3780id.htnil
What to do if Burrowing Owls are present
If Burrowing Owls are confirmed to be present in a prairie dog town,there are two options before proceeding
with planned activities:
I. Wait to initiate activities until after November 1 or until it can be confirmed that the owls have left the
prairie dog town.
2. Carefully monitor the activities of the owls,noting and marking which burrows they are using. The owls
may use several burrows in a prairie dog town. This is not easy to accomplish and will require
considerable time. When all active Burrowing Owl burrows have been located and marked,activity can
proceed in areas greater than 150 feet from Burrowing Owl burrows with little danger to the owls.
Activity closer than 150 feet may endanger the owls.
Reference
Conway,C. J.and J. C. Simon. 2003. Comparison of detection probability associated with Burrowing Owl
survey methods. Journal of Wildlife Management 67:501-511.
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