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Home My WebLink About20062062 INVENTORY OF ITEMS FOR CONSIDERATION Applicant Cedar Creek Wind Energy, LLC Case Number I USR-1562 Submitted or Prepared Prior to At - .. Hearing Hearing V 1 Staff Comments X ✓ Department of Planning Services Field Check Form X ✓ Letter to Applicant X !� Legal Notifications X V 2 Application X Maps X Deed/Easement Certificate Surrounding Property/Mineral Owners X Utilities V 3 Referral List X ✓ Referrals without comment X y 4 Referrals with comments X Weld County Department of Public Works referral received 6/15/2006(4 pages) X V Weld County Department of Public Health and Environment referral received X 7/12/2006(2 pages) Weld County Department of Building Inspection referral received 6/20/2006 X ✓ Pawnee Fire Protection District referral received 6/20/2006 X ✓' Colorado Division of Wildlife referral received 6/18/2006 (8 pages) X ✓ Department of the Army, Corps of Engineers referral received 6/1/2006 X ✓ Colorado Department of Transportation referral received 6/14/2006 X ✓ Town of Keenesburg referral received 6/20/2006 (2 pages) X V 5 Surrounding Property Owners/Mineral Owners - Letters 6 PC Exhibits — 6A Letter received 7/10/06 from Mary Speaks X 6B Letter and pictures received 7/10/2006 from Fawnda& Randy Statley(6 pages) X ✓ 6C United States Department of Fish and Wildlife letter received 7/17/2006(4 pages) X tD Letter from Bonnie&Robin McIntosh received 7/14/2006 X V 6E Letter from Kevin &Stacie Malovich dated 7/13/2006 X ✓ 6F E-mail from Town of Keenesburg—Town Clerk received 7/17/2006 X V- 6e Letter from Susan Fleischmann Krcmarik dated 7/18/2006 Laoce e A�14H X ✓ 6N Letter from Ray W. Rears received 7/18/2006 (2 pages) Boec SAA;bf f X 61 E-mail from Bijou Irrigation District received 7/18/2006 (2 pages) X amen 2006-2062 j Cedar Creek Wind Energy Project,Transmission Line Alignment, prepared by X EDAW,dated July 2006 7 f`Iainiiny-Evmnllaalon Kesulu un I hereby certify that the 22 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. eLtra Chris Gathman O Planner �&Cr41 aim1 APPLICATION FLOW SHEET COLORADO APPLICANT: Cedar Creek Wind Energy LLC;Green Light Energy,Inc. CASE#:USR-1562 REQUEST: A Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility(a 72 mile 230 kV transmission line and one new switching stations)in the A(Agricultural)Zone District. LEGAL: Parts of Sections 2,3,9,10, 16,17, 19,20, 30 Township 10 North Range 60 West; Parts of Sections 2, 3, 8,9, 10, 17, 18, 19,25,35,36 Township 10 North Range 61 West;Parts of Sections 24, 25,36 Township 9 North Range 62 West;Parts of Sections 1,12, 13,24,25,36 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, 35,36 Township 6 North Range 62 West; Parts of Sections 1,3,4,7,8 Township 5 North Range 62 West; Parts of Sections 12, 13, 14,15,22 Township 5 North Range 63 West; Parts of Sections 2,3, 11, 14,23,26, 34, 35 Township 4 North Range 63 West;Parts of Sections 3,10, 15,22,27,34 Township 3 North Range 63 West; Parts of Sections 3,5,6 Township 2 North Range 63 West; Parts of Sections 1,2,3,4, 10,15, 22,27 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 LOCATION: Commencing at a point east of CR 105 and North of CR 120 at a proposed substation within the boundary of the Proposed Cedar Creek Wind Farm,traversing in a southwesterly direction to a point in the general vicinity of CR 106 and CR 87,then traversing in a southerly direction to CR 98 and CR 87,then traversing in a southwesterly direction to a point one-half mile west of CR 85.5 then traversing in a southerly direction to CR 62 and CR 85.5 turning west onto CR 62 to CR 79.5 then traversing to a point near the intersection of CR 73 and CR CR 58;turning to head south onto CR 73 to a point near CR 44 then westerly along CR 58 to CR 69, then south to the northerly right-of-way of Interstate 76,then turning west to CR 65.5 to a point south of Interstate 76 then westerly on CR 24 to CR 55 then south on CR 55 to the proposed Keenesburg Switching Station. PARCEL ID#: Various ACRES: 1309+/- DATE BY Application Received 5-12-2006 Staff Application Complete 5-18-2006 Ogle PC Hearing Date: 7-18-2006 PC Sign Posted by Date: 7-7-2006 Referrals Listed- , r File Assembled S -2q. (•0 (LA, 1 ,j , Referrals Mailed Chaindexed Letter to Applicant Mailed Date Public Notice Published in County Newspaper �y. •7-5,0b Surrounding Property 8 Mineral Owners Notified • (,,4- Field Check by DPS Staff Planning Commission Resolution Sent to Applicant Planning Commission Meeting Minutes Filed in Case Case Sent to Clerk to the Board CC Hearing:Action: CC Sign to be Posted By: CC Sign Posted Overlay Districts Airport Yes No Zoning Agricultural Road Impact Yes X_ No LAND USE APPLICATION hiDe SUMMARY SHEET COLORADO Planner: Kim Ogle Case Number: USR-1562 Hearing Date: July 18, 2006 Applicant: Cedar Creek Wind Energy LLC; Green Light Energy, Inc. Address: c/o Nelson Teague, 3104 Fourth Street NE, Charlottesville VA 22902 Request: A Site Specific Development Plan and a 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. Legal Description: Parts of Sections 2, 3, 9,10, 16,17, 19, 20, 30 Township 10 North Range 60 West; Parts of Sections 2, 3, 8, 9, 10, 17, 18, 19, 25, 35, 36 Township 10 North Range 61 West; Parts of Sections 24, 25, 36 Township 9 North Range 62 West; Parts of Sections 1,12, 13, 24, 25, 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, 36 Township 6 North Range 62 West; Parts of Sections 1, 3, 4, 7, 8 Township 5 North Range 62 West; Parts of Sections 12, 13, 14, 15, 22 Township 5 North Range 63 West; Parts of Sections 2, 3, 11, 14, 23, 26, 34, 35 Township 4 North Range 63 West; Parts of Sections 3,10,15 ,22, 27,34 Township 3 North Range 63 West; Parts of Sections 3,5,6 Township 2 North Range 63 West; Parts of Sections 1,2, 3, 4,10,15, 22, 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 Location: Commencing at a point east of CR 105 and North of CR 120 at a proposed substation within the boundary of the Proposed Cedar Creek Wind Farm,traversing in a southwesterly direction to a point in the general vicinity of CR 106 and CR 87, then traversing in a southerly direction to CR 98 and CR 87,then traversing in a southwesterly direction to a point one-half mile west of CR 85.5 then traversing in a southerly direction to CR 62 and CR 85.5 turning west onto CR 62 to CR 79.5 then traversing to a point near the intersection of CR 73 and CR 58; turning to head south onto CR 73 to a point near CR 44 then westerly along CR 58 to CR 69,then south to the northerly right-of-way of Interstate 76, then turning west to CR 65.5 to a point south of Interstate 76 then westerly on CR 24 to CR 55 then south on CR 55 to the proposed Keenesburg Switching Station. Size of Parcel: 1309 +/-Acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Chapter 21 of the Weld County Code r The Department of Planning Services'staff has received responses from the following agencies: Cedar Creek Wind Energy LLC,page 1 • US Army, Corps of Engineers, referral received June 1, 2006 • Pawnee Protection District referral received June 8, 2006 • State of Colorado, Division of Wildlife, referral received June 9, 2006 and June 18, 2006 • Colorado Department of Transportation referral received June 14, 2006 • Weld County Department of Public Works referral received June 15, 2006 • Weld County Department of Building Inspection referral received June 20, 2006 • Town of Keenesburg, referral received July 6, 2006 • Weld County Department of Public Health &Environment referral received July 6, 2006 • US Department of the Interior, Fish and Wildlife Service, unrequested referral received July 12, 2006 The Department of Planning Services'staff has not received responses from the following agencies: Federal Aviation Administration • Greeley-Weld County Airport Authority • Southeast Weld Fire Protection District • Town of Grover • Weld County Code Compliance • Weld County Office of Emergency Management • Weld County Sheriff's Office Cedar Creek Wind Energy LLC,page 2 6tc443 SPECIAL REVIEW PERMITREVIEW ADMINISTRATIVE REVIEW COLORADO Planner: Kim Ogle Case Number: USR-1562 Hearing Date: July 18, 2006 Applicant: Cedar Creek Wind Energy LLC; Green Light Energy, Inc. Address: do Nelson Teague, 3104 Fourth Street NE, Charlottesville VA 22902 Request: A Site Specific Development Plan and a 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. Legal Description: Parts of Sections 2, 3, 9,10, 16,17, 19, 20, 30 Township 10 North Range 60 West; Parts of Sections 2, 3, 8, 9, 10, 17, 18, 19, 25, 35, 36 Township 10 North Range 61 West; Parts of Sections 24, 25, 36 Township 9 North Range 62 West; Parts of Sections 1,12, 13, 24, 25, 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, 36 Township 6 North Range 62 West; Parts of Sections 1, 3, 4, 7, 8 Township 5 North Range 62 West; Parts of Sections 12, 13, 14, 15, 22 Township 5 North Range 63 West; Parts of Sections 2, 3, 11,14, 23, 26, 34, 35 Township 4 North Range 63 West; Parts of Sections 3,10, 15,22, 27,34 Township 3 North Range 63 West; Parts of Sections 3,5, 6 Township 2 North Range 63 West; Parts of Sections 1, 2, 3, 4,10,15, 22, 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 Location: Commencing at a point east of CR 105 and North of CR 120 at a proposed substation within the boundary of the Proposed Cedar Creek Wind Farm,traversing in a southwesterly direction to a point in the general vicinity of CR 106 and CR 87, then traversing in a southerly direction to CR 98 and CR 87, then traversing in a southwesterly direction to a point one-half mile west of CR 85.5 then traversing in a southerly direction to CR 62 and CR 85.5 turning west onto CR 62 to CR 79.5 then traversing to a point near the intersection of CR 73 and CR 58; turning to head south onto CR 73 to a point near CR 44 then westerly along CR 58 to CR 69,then south to the northerly right-of-way of Interstate 76, then turning west to CR 65.5 to a point south of Interstate 76 then westerly on CR 24 to CR 55 then south on CR 55 to the proposed Keenesburg Switching Station. Cedar Creek Wind Energy LLC, page 3 Size of Parcel: 1309+1-Acres Parcel Number: Various THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Chapter 21 of the Weld County Code 2. It is the opinion of the Department of Planning Services's staff that the applicant has shown compliance with Section 21-3-340. A of the Weld County Code, as follows: Section 21-3-340.A.1 — The health, welfare and safety of the citizens of the County will be protected and served. The Design Standards (Section 23-2-240), Operation Standards (Section 23-2-250), Conditions of Approval,and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. 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 proposal. Historically, the area has been dominated by dryland and irrigated agricultural land uses, including lands held in the Conservation Reserve Program. 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 230kV 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 electric system planning needs. The locations of these associated project features influenced the larger area of consideration for the 230kV 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 reflect existing conditions. Resource data were combined with aerial photography to provide a visual representation of the Project Area. Certain resource data were then categorized as areas of opportunity, avoidance, or exclusion. The categorized data were 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, Cedar Creek Wind Energy LLC, page 4 and county roads. Existing linear facilities and rights-of-way may provide suitable access for construction and maintenance and are compatible with the proposed 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 applicant also sought out public involvement and comment for the proposed alignment. Public input assisted the applicant 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 applicant 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 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 proposed route and alternative were selected. The proposed transmission line route includes approximately 72 miles of 230 kV single circuit electric transmission line to transport power generated from the proposed 330 MW Cedar Creek Wind energy Facility near Grover, herein identified as USR-1563. The power will be transported via the 230 kV line to an interconnection point with Public Service of Colorado's (PSCo's) existing transmission system at the Rocky Mountain energy Center(RMEC)to Green Valley 230 kV line near Keenesburg. The proposed switching station and rebuild of a portion of the Fort St. Vrain to Green Valley 230kV line will become part of PSCo's high voltage transmission system, serving customers throughout PSCo's service territory in Colorado. The applicant requests 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 proposed 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 wood 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- Cedar Creek Wind Energy LLC,page 5 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 1200 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 applicant is proposing to rebuild a segment of line to accommodate the Switching Station. There are no socio-economic constraints associated with the project. Section 21-3-340.A.4--A satisfactory program to mitigate and minimize adverse impacts has been presented. The US Army, Corps of Engineers(USACOE), stated in its letter dated May 30, 2006, that if any work with the project affects US 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 applicant has stated that they will obtain the USACOE Nationwide Permit 12 should waterways or any associated wetlands be impacted by the proposed alignment. Flood Hazard Development Permits, will also be required by the County for development within the recognized and delineated flood plain 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 US 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 applicant and the applicant's consultants on several accessions. CDOW notes that there is an ongoing dialog with the applicant to address and resolve the outstanding concerns, and the Division has been pleased that the applicant i-. is working cooperatively to minimizing the risks to wildlife. However, in the opinion of CDOW there remain thirteen significant issues to be resolved as of June 18, 2006. The applicant is continuing to work with CDOW to develop appropriate mitigation measures that are compatible with project goals and that will minimize impacts to wildlife along the proposed corridor. The applicant has addressed one concern with the elimination of Segment 15 located approximately at County Road 73 and County Road 58 and traversing south to County Road 44 then west to County Road 69. The applicant is 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 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 applicant continues 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. The preferred transmission line route has been developed in full cooperation with the Towns of Grover and Keenesburg. Section 21-3-340.A.5--The nature and location or expansion of the facility complies with all applicable provisions of the master plan of this County, and other applicable regional, metropolitan, state and national plans. The preferred transmission line route has been developed in full cooperation with the Towns of Grover Cedar Creek Wind Energy LLC, page 6 and Keenesburg. The Town of Grover did not respond to the referral request and the Town of Keenesburg voiced opposition to the Secondary Proposed Transmission Line Route as it is in conflict with their 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 proposed switching station will be located on an approximately 35-acre parcel within a larger 82.5- acre parcel that Cedar Creek will purchase from the current owner. The proposed switching station includes an initial 4.5-acre interconnection switching station that will connect transmission of power generated at the proposed 330 MW Cedar Creek Wind Energy Facility to the existing transmission system owned and operated by PSCo. 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. 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. 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 proposed switching station and 230kV 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 proposed switching station will be located on an approximately 35-acre parcel within a larger 82.5- acre parcel that Cedar Creek will purchase from the current owner. The proposed switching station includes an initial 4.5-acre interconnection switching station that will connect transmission of power generated at the proposed 330 MW Cedar Creek Wind Energy Facility to the existing transmission system owned and operated by PSCo. Section 21-3-340.A.9--The nature and location of the facility or expansion will not adversely affect the water rights of any upstream, downstream or agricultural users, adjacent communities or other water users. The application 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 Cedar Creek Wind Energy LLC,page 7 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 construct a line in the 100-year flood plain areas, the applicant will coordinate with Weld County regarding any flood plain hazards and design of the proposed line to withstand any potential flooding that may be experienced along the South Platte River, Crow Creek, and Sanborn Draw. 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. 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. Cedar Creek will acquire access easements from adjacent landowners as required. The applicant states data gathered to date shows that there are 3 pipelines and 7 transmission lines within the 2-mile vicinity of the proposed transmission line. Other Major Facilities of a Public Utility within 5 miles of the proposed electric transmission line include four substations. The area associated with the switching station will be deeded via a Quit Claim Deed to create the 82.5 acre parcel for the siting of this 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 proposed 330 MW Cedar Creek Wind Energy Facility near Grover, Colorado. The power will be transported via the 230 kV line to an interconnection point with PSCo's existing transmission system at the Rocky Mountain Energy Center(RMEC)to 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 proposed switching station and rebuild of a portion of the Fort St. Vrain to Green Valley 230 kV line will become part of PSCo's high voltage transmission system, serving customers throughout PSCo's service territory in Colorado. All required utility connections will be developed to service the single switching station site and the transmission line corridor. The proposed switching station will be located on an approximately 35-acre area within a larger 82.5-acre parcel that Cedar Creek will purchase from the current owner. The proposed switching station includes an initial 4.5-acre interconnection switching station that will connect transmission of power generated at the proposed 330 MW Cedar Creek Wind Energy Facility to the existing transmission system owned and operated by PSCo. Cedar Creek Wind Energy LW,page 8 Section 21-3-340.A.13-The nature and location for expansion of the facility will not unduly interfere with any significant wildlife habitat or adversely affect any endangered wildlife species, unique natural resource or historic landmark within the impact area. The US Army, Corps of Engineers(USACOE), stated in its letter dated May 30, 2006, that if any work with the project affects US 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 applicant has stated that they will obtain the USACOE Nationwide Permit 12 should waterways or any associated wetlands be impacted by the proposed alignment. Flood Hazard Development Permits, will also be required by the County for development within the recognized and delineated flood plain 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 US 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 applicant and the applicant's consultants on several accessions. CDOW notes that there is an ongoing dialog with the applicant to address and resolve the outstanding concerns, and the Division has been pleased that the applicant is working cooperatively to minimizing the risks to wildlife. However, in the opinion of CDOW there remain thirteen significant issues to be resolved as of June 18, 2006. The applicant is continuing to work with CDOW to develop appropriate mitigation measures that are compatible with project goals and that will minimize impacts to wildlife along the proposed corridor. 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 proposed right-of-way of the Project. The records search revealed 15 sites within the proposed right-of-way of the transmission line corridor. Five of these sites are either eligible for listing or have the potential to be eligible for listing. The applicant states 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 Cedar Creek, 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. Section 21-3-340.A.14— The nature and location or expansion of the facility,including expected growth and development related to the operation and provision of service,will not significantly deteriorate water or air quality in the impact area. The proposed project will have no long term impact on water or air quality. During construction, some fugitive dust may be generated during periods of dry weather in areas where soil has been disturbed. The contractor will control dust by applying water to any such disturbed areas. Weld County is an attainment area for all measured pollutants, including PM10. The proposed Project is an overhead electric transmission line. No air emissions will result from operation of the transmission line. No long-term adverse air quality effects will occur from the Project. 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. Cedar Creek Wind Energy LLC,page 9 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. Section 21-3-340.A.16—The existing water quality of affected state waters will not be degraded below state and federal standards or established baseline levels. The existing water quality of affected state waters will not be degraded below state and federal standards or established baseline levels by the project. Section 21-3-340.A.17 — The proposed project will not have a significantly adverse net effect on the capacities or functioning of streams, lakes and reservoirs in the impact area, nor on the permeability, volume, recharge capability and depth of aquifers in the impact area. According to the application, there are intermittent drainage's and ephemeral playa lakes within the proposed site. The applicant will continue to work with CDOW to address setbacks from these known and delineated natural features. Section 21-3-340.A.18—The benefits of the proposed developments outweigh the losses of any natural resources or reduction of productivity of agricultural lands as a result of the proposed development. The proposed line will have minimal impact on existing and future land use. es, Section 21-3-340.A.19 — The applicant has obtained or will obtain all property rights, permits and approvals necessary for the proposed project, including surface, mineral and water rights and easements for drainage, disposal, utilities, access, etc. If the applicant has not obtained all necessary property rights, permits and approvals, the Board may, at its discretion, grant the permit conditioned upon completion of the acquisition of such rights prior to issuance of a zoning or building permit by the County. The applicant has obtained or will obtain all property rights, permits and approvals necessary for the proposed project, including surface, mineral and water rights and easements for drainage, disposal, utilities,access,et cetera,with approval by the Board of County Commissioners. The area associated with the switching station will be deeded via a Quit Claim Deed to create the 82.5 acre parcel for the siting of this facility. Section 21-3-340.A.20— The proposed project(nonlinear facilities) will not present an unreasonable risk of exposure to or release of toxic or hazardous substances within the impact area. The determination of effects of the project shall include the following considerations: a. The means by which outdoor storage facilities for fuel,raw materials, equipment and related items are adequately enclosed by a fence or wall. b. The likelihood of hazardous materials or wastes being moved off the site by natural causes or forces. c. Containment of inflammable or explosive liquids, solids or gases. The proposed Switching Station is located on the south end of the proposed 230 kV transmission line, adjacent to the existing transmission system owned and operated by Public Service Company of Cedar Creek Wind Energy LLC,page 10 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 applicant for the Switching station and other potential future electrical needs. The actual fenced in area will be approximately 4.5 acres in size. The proposed Substation Station is located at the northern end of the proposed 230 kV transmission line immediately adjacent to the Cedar Creek Energy Windfarm and is regulated by USR-1563. 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. Section 21-3-340.A.21—The scope and nature of the proposed project will not unnecessarily duplicate existing services within the County. The scope and nature of the proposed project will not duplicate existing services within the County. The proposed facility will address increasing demands for electricity in Colorado and address renewable energy requirements outlined under Amendment 37. Section 21-3-340.A.22—If the purpose and need for the proposed project are to meet the needs of an increasing population within the County, the area and community development plans and population trends demonstrate clearly a need for such development. The purpose of the proposed 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. r The Project is proposed in response to PSCo's need for additional energy resources and desire to purchase wind energy. Electrical demand continues to increase in Colorado, largely as a result of continued growth and development along the Front Range. In December 2004, the Colorado Public Utilities Commission approved PSCo's 2003 Least-Cost Resource Plan, which included plans for a competitive solicitation to procure new energy resources. This Project will help fulfill PSCo's energy needs,as identified in the 2003 Plan. In 2004,Colorado voters passed Amendment 37,the Renewable Energy Requirement. This initiative requires that the state's largest utilities obtain a minimum of 3 percent of their electricity from renewable energy resources by 2007, 6 percent by 2011, and 10 percent by 2015. The 10 percent renewable energy standard will reduce about 3 million metric tons of power plant CO2 emissions per year by 2025,which is a reduction of 4.5 percent below businesses- usual levels. This Project will help PSCo meet obligations related to the Renewable Energy Requirement. In addition to the switching station, this application includes a proposal to rebuild an approximately 4- mile long section of the existing Fort St. Vrain to GreenValley 230 kV transmission line to accommodate the 230 kV line needed for this proposed 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 proposed line with the existing system,while allowing for future addition of another potential future PSCo 345 kV transmission line, all within the existing corridor of the Fort St. Vrain to Green Valley 230 kV line. The proposed 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 proposed 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 PSCo Rocky Mountain Energy Center—Green Valley 230 kV transmission line. r This recommendation is based, in part, upon a review of the application materials submitted by the applicant, Cedar Creek Wind Energy LLC,page 11 other relevant information regarding the request, and responses from referral entities. The Department of Planning Services'staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording the plat. The completed plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 60 days of approval by the Planning Commission. (Department of Planning Services) 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) 3. Prior to recording the 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. (Department of Planning Services) 2. All sheets shall be labeled USR-1562(Department of Planning Services) 3. The Development Standards associated with this application.(Department of Planning Services) 4. The location of the switching stating within the parcel to be created through the Quit Claim Deed process for the 82.5 acre tract. (Department of Planning Services) 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 radiuses shall be installed at all entrances to accommodate large truck movement. This shall be graphically delineated on the plat for the Switching station. (Department of Public Works) 6. To graphically delineate the final transmission alignment as approved by the Board of County Commissioners. (Department of Planning Services) 7. Graphically delineate the locations of the transmission line relative to sensitive areas as identified in the CDOW 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. (Department of Planning Services, Colorado Division of Wildlife) 8. The applicant 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,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). (Department of Public Works) B. The applicant shall provide written evidence from the applicable Fire Protection District that Cedar Creek Wind Energy LLC,page 12 there is adequate access for emergency equipment and the width, usually twenty(20) feet, is adequate and designed for appropriate weight capacity. (Department of Public Works and Department of Planning Services) C. The applicant 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. (Pawnee Fire Protection District) D. The applicant shall submit a dust abatement plan for periods of dry weather for roadways, parking areas, and in areas where soil has been disturbed during construction. The plan shall be submitted for review and approval, to the Environmental Health Services, Weld County Department of Public Health and Environment. Written evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health & Environment) E. The applicant shall provide graphic and written documentation addressing the location and identification of all public rights-of-way, existing and proposed structures, utility easements, irrigation ditches,etcetera per Section 21-3-330.B.4 of the Weld County Code. This document shall be prepared for recording in the Clerk and Recorder's office. (Department of Planning Services) 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 delineate drill envelopes on the plat shall be submitted to the Department of Planning Services. (Department of Planning Services) G. The applicant shall provide written evidence that a Utility/Right-of-Way Permit, obtained from Ted Eyl of the Department of Public Works is in possession prior to the utilization of the County right-of-way or the crossing of County right-of-way. (Department of Public Works) H. The applicant shall provide written evidence that a Special Transport Permit,obtained from Ted Eyl of the Department of Public Works is in possession prior to the transportation of overweight or overwidth items utilizing county roads or rights-of-way. (Department of Public Works) Should the Board of County Commissioners grant a Nonexclusive License Agreement, the applicant shall complete the required documents for the upgrade and maintenance of Weld County right-of-way. (Department of Public Works) 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 applicant has stated that the transmission line will not be in county road tight-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. (Department of Public Works) K. The applicant shall demonstrate attempted compliance with the Colorado Division of Wildlife as stated in their referral dated June 18, 2006. Further, if applicable, the applicant shall delineate the Crow Creek alignment, the playas or ephemeral or vernal ponds and identify sensitive areas for black tailed prairie dog and burrowing owls. Also the applicant shall address the concerns of CDOW specific to wildlife relative to the towers and transmission Cedar Creek Wind Energy LLC,page 13 alignment. (Department of Planning Services) L. The applicant shall demonstrate attempted compliance with the United States Fish and Wildlife Service as stated in their referral received July 12, 2006. (Department of Planning Services) 4. Prior to the release of building permits: A. A building permit shall be obtained prior to the construction of the switching station and any other buildings or structures on site. (Department of Building Inspections) B. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of floor plans and plot plans are required when applying for the permit. Building plans shall also be submitted to the Pawnee Fire Protection District. (Department of Building Inspections) C. The applicant shall provide written evidence that all property right easements, permits and approvals necessary for the proposed project, including surface,mineral and water rights and easements for drainage, disposal, utilities, access, et cetera are in their possession. (Department of Planning Services) D. The applicant shall apply for a Recorded Exemption, be approved and record the plat for the to create the parcel associated with the switching station should Greenlight Energy or one of their affiliations own the land on which the switching station is placed. Should Greenlight Energy or one of their affiliations not own the land on which the switching station is placed, a Subdivision Exemption shall be applied for, approved and the plat recorded. (Department of Planning Services) E. The applicant shall provide written evidence of compliance with the US Army, Corps of Engineers (USACOE), Section 404 of the Clean Water Act permit. (Department of Planning Services) F. A Flood Hazard Development Permit shall be submitted for buildings constructed within the 100-year flood plain. (Department of Building Inspections, Department of Planning Services) 5. Prior to operation: A.. One month prior to operation,the applicant shall submit evidence of compliance with the State of Colorado Department of Public Health and the Environment specific to a stormwater discharge permit 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. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdohe.state.co.us/wa/PermitsUnit <http://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. (Department of Public Health and Environment) SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS GreenLight Energy, LLC-Cedar Creek Wind Energy LLC USR-1562 1. A Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility (a 72 mile 230 kV transmission line and a new switching stations)in the A(Agricultural)Zone District, Cedar Creek Wind Energy LLC,page 14 as indicated in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. (Department of Planning) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination.(Department of Public Health&Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health & Environment) 5. Waste materials shall be handled,stored,and disposed in a manner that controls fugitive dust,blowing debris, and other potential nuisance conditions. (Department of Public Health & Environment) 6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved dust abatement plan at all times. (Department of Public Health & Environment) 7. 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. (Department of Public Health & Environment) 8. Bottled water shall be utilized for drinking and hand washing during construction of the project. (Department of Public Health &Environment 9. Adequate portable toilet facilities(port-a-potty)shall be provided during the construction of the project. (Department of Public Health &Environment) 10. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health and Environment, Water Quality Control Division. (Department of Public Health &Environment) 11. The applicant shall comply with the requirements of the Water Quality Control Division,of the Colorado Department of Public Health and Environment. (Department of Planning Services) 12. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health & Environment) 13. Any time the applicant would utilize the right-of-way or cross the right-of-way, a Weld County right-of- way permit shall be required.This permit shall also be required for transporting overweight or overwidth items utilizing county roads or rights-of-way. Contact Ted Eyl, Weld County Public Works Department, P.O. Box 758, Greeley, Colorado, 80632, at 970-381-3779. This permit shall be in place prior to any work being done within the right-of-way. (Department of Public Works) 14. Upon notice by Weld County, the applicant shall cease hauling operations or direct the contractor to cease hauling operations until the roads are repaired to the satisfaction of the Weld County Public Works Department. Hauling operations will not be allowed to resume until the condition of the road allows heavy hauling without damage being done to the road. (Department of Public Works) 15. There will be no staging or parking of equipment or vehicles on County maintained roads or roads maintained by the Department of Defense. Utilize on-site locations and private rights-of-way. (Department of Public Works) Cedar Creek Wind Energy LLC,page 15 16. 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 supressant chemical (calcium chloride or magnesium chloride) for approximately 300 feet at any residence. Determination on the application shall be determined by the Weld County Public Works Department(Motor Grader Division Supervisor) based on complaints, average daily traffic counts, and increase of heavy truck hauling associated with this operation. (Department of Public Works) 17. If a drain culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Weld County Department of Public Works to adequately size the culvert. (Department of Public Works) 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. (Department of Public Works) 19. Adequate turning radiuses shall be installed at all entrances to accommodate large truck movement. (Department of Public Works) 20. The off-street parking and loading zones shall be surfaced with gravel or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) 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 proposed development,the applicant/landowner shall be responsible for controlling noxious weeds. (Department of Public Works) 22. Utilize the (MUTCD) Traffic Manual to appropriately sign construction zones and crossings adjacent to county roads. (Department of Public Works) 23. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 24. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Public Works) 25. The applicant shall utilize an erosion control plans until vegetation is established in the area. (Department of Public Works) 26. Tracking pads are required at all measured construction locations where there is heavy traffic coming from the site on the county road. The purpose of the tracking pads is to keep mud and debris from leaving the site and tracking on existing county roads contaminating the existing gravel road(s)with mud and debris. (Department of Public Works) 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. (Department of Public Works) 28. A building permit shall be obtained prior to the construction of the switching station and any other buildings or structures on site. (Department of Building Inspections) 29. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of floor plans and plot plans are required when applying for the permit. Building plans shall also be submitted to the Pawnee Fire Protection District. (Department Cedar Creek Wind Energy LLC,page 16 of Building Inspections) 30. Buildings shall conform to the requirements of the various codes adopted by weld County: 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; 2005 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspections) 31. Each building will require an engineered foundation based on site-specific geo-technical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspections) 32. The structure (switching station)will probably be classified as B 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 Weld County Code. (Department of Building Inspections) 33. Building height shall be measured in accordance with the 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. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) 34. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 35. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 36. Personnel from the Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 37. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 38. 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. r Cedar Creek Wind Energy LLC,page 17 a DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4Sece 42 CR 4 LONGMONT, COC 8050504 PHONE: (720)652-4210, Ext. 8730 ' FAX: (720)652-4211 W�`De COLORADO May 23, 2006 Greenlight Energy Inc 3104 4th St NE Charlottesville VA 22902 Subject: USR-1562- Request for a Site Specific Development Plan and a 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 on a parcel of land described as parts of Sections 2, 3,9,10, 16,17, 19, 20, 30 Township 10 North Range 60 West; Parts of Sections 2, 3, 8, 9, 10, 17, 18, 19, 25,35, 36 Township 10 North Range 61 West; Parts of Sections 24,25, 36 Township 9 North Range 62 West; Parts of Sections 1,12, 13,24, 25, 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, 36 Township 6 North Range 62 West; Parts of Sections 1,3,4, 7, 8 Township 5 North Range 62 West; Parts of Sections 12, 13, 14, 15, 22 Township 5 North Range 63 West; Parts of Sections 2, 3, 11, 14, 23, 26, 34, 35 Township 4 North Range 63 West; Parts of Sections 3,10, 15,22, 27,34 Township 3 North Range 63 West; Parts of Sections 3,5, 6 Township 2 North Range 63 West; Parts of Sections 1, 2, 3,4, 10,15, 22, 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. Dear Applicant: iur application and related materials for the request described above are being processed. I have scheduled a meeting with the eld County Planning Commission for July 18,2006, at 1:30 p.m. This meeting will take place in the Hearing Room,Weld County Planning Department,4209 CR 24.5, Longmont, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute, C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Grover and Keenesburg Planning Commission for their review and comments. Please call Grover at(970) 895-2213 and Keenesburg at(303)732-4281 for further details regarding the date,time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Grover and Keenesburg Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way,one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway(access drive)intersects a publicly maintained road right- of-way. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. •' 'spectfully, L Kim •.le Planner BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE /^ THE LAST DAY TO POST THE SIGN IS JULY 22, 2006. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Chris Gathman, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR USR-1562 IN THE AGRICULTURAL ZONE DISTRICT. Name of Person Posting Sign Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD •The foregoing instrument was subscribed and sworn to me this rX@ y�day of � .1 , 2006. 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LEGAL DESCRIPTION: Parts of Sections 2, 3, 9,10, 16,17, 19, 20, 30 Township 10 North Range 60 West; Parts of Sections 2, 3, 8, 9, 10, 17, 18, 19, 25, 35, 36 Township 10 North Range 61 West; Parts of Sections 24, 25, 36 Township 9 North Range 62 West; Parts of Sections 1,12, 13, 24, 25, 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, 36 Township 6 North Range 62 West; Parts of Sections 1, 3, 4, 7, 8 Township 5 North Range 62 West; Parts of Sections 12, 13, 14, 15, 22 Township 5 North Range 63 West; Parts of Sections 2, 3, 11, 14, 23, 26, 34, 35 Township 4 North Range 63 West; Parts of Sections 3,10,15 ,22, 27,34 Township 3 North Range 63 West; Parts of Sections 3,5, 6 Township 2 North Range 63 West; Parts of Sections 1, 2, 3, 4,10,15, 22, 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 LOCATION: Commencing at a point east of CR 105 and North of CR 120 at a proposed substation within the boundary of the Proposed Cedar Creek Wind Farm, traversing in a southwesterly direction to a point in the general vicinity of CR 106 and CR 87, then traversing in a southerly direction to CR 98 and CR 87, then traversing in a southwesterly direction to a point one-half mile west of CR 85.5 then traversing in a southerly direction to CR 62 and CR 85.5 turning west onto CR 62 to CR 79.5 then traversing to a point near the intersection of CR 73 and CR 58; turning to head south onto CR 73 to a point near CR 44 then westerly along CR 58 to CR 69, then south to the northerly right-of-way of Interstate 76, then turning west to CR 65.5 to a point south of Interstate 76 then westerly on CR 24 to CR 55 then south on CR 55 to the proposed Keenesburg Switching Station. COMMENTS: Transmission alignment traverses in general terms large tract parcels predominately in agricultural production or in open range. The point of beginning is approximately eight miles directly east of the Town of Grover, at this point, the transmission line is at its highest elevational point. As the line moves south,areas associated with floodplain, natural land features and existing man-made structures are evident. The southern end of the line attempts to utilize existing transmission corridors,that may be visible yet unaccessible to vehicular access as the lines cross private lands. As the line approaches the Town of Keenesburg,the alignment is sited to the west of town as the primary route, utilizing the existing CR 55 transmission corridor, crossing the 1-76 interstate the line orients itself to the west heading toward the Calpine RMEC facility. Due to sporadic access to affected parcels,there appear to be no known violations. Kim e, Planner Chrsi an, Planner Char Davis, nvironmental Health Hello