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HomeMy WebLinkAbout20062885 SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: _ RECEIPT #/AMOUNT # /$ CASE # ASSIGNED: _ APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 0 2 8 9 - 0 2 - 0 - 0 0 - 0 0 1 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). Legal Description NW1/4, NW1/4 __, Section 2 , Township 10 North, Range 60 West Flood Plain: _ Zone District: AG , Total Acreage: 3.0 , Overlay District: Geological Hazard: , Airport Overlay District:_ FEE OWNER(S) OF THE PROPERTY: N a m e George F Ehmke Work Phone# Home Phone# Email Address: Address: 53468 County Road 384 C i t y / S t a t e / Z i p C o d e Grover, Colorado 80729 N a m e Work Phone# Home Phone# Em ail Address: Address: C t y IS t a t e / Z i p C o d e N a m e Work Phone# Home Phone# Email Address: Address: C i t y / S t a t e / Z i p C o d e APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent) N a m e • Cedar Creek Wind Energy, LLC - Nelson Teague Work Phone#434-220-1406 Home Phone# Email Address: nelson(äqJnrcj corn Address:310 4th Street C i t Charlotesville, Virginia S t a t e / Z p C o d e 22902 PROPOSED USE: Temporary Concrete Batch Plant • _ — EXHIBIT 2006-2885 1 I(We)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the application.If a corporation is the fee owner,notarized evidence must be included indicating that the signatory has to legal authorit to sign for the corporation.Cori Signs re:Owner or Au.'orize ent �� teb Signature: Owner or Authorized Agent Date ORIGINAL CEDAR CREEK WIND ENERGY PROJECT Temporary Concrete Batch Plant Use by Special Review Application Submitted to Weld County August 2006 Prepared By: EDAW Cedar Creek Wind Energy,LLC A Joint Venture Between Greenlight Energy,Inc.and Babcock and Brown Power Operating Partners,LLC August 2,2006 Weld County—Planning and Zoning Attention: Mr. Chris Gathman — Planner Greeley Office 918 10th Street Greeley, Colorado 80631 Re: Cedar Creek Wind Energy,LLC—Use By Special Review Permit Application Dear Mr. Gathman: Cedar Creek Wind Energy, LLC, a subsidiary of Greenlight Energy, Inc. ("Cedar Creek") hereby submits an application for a Use By Special Review Permit for the purpose of permitting a temporary concrete batch plant to be used in connection with the construction of the proposed windfarm facility in the County. Please feel free to contact me at 434-220-1406 or Nicole Korbe at EDAW 303- 595-4522 should you have any questions or need additional information. I appreciate your assistance with this matter. Sincerely yours, PRthrin SsitT,t9\ Nelson S. Teague, Jr. Enclosures 310 4TH STREET,N.E.•CHARLOI I ESVILLE,VA•22902 PHONE:(434)2201406•FAX:(434)220 1420•WWW.GLNRG.COM W.GLNRG.COM Cedar Creek Wind Energy Project Weld County Use by Special Review Application Concrete Batch Plant Contents Application Form Use by Special Review Questionnaire 5 Site Specific Development Plan and Use by Special Review (USR)Questionnaire 7 Project Description 13 Introduction 15 Areas and Activities of State Interest—Application Requirements 19 23-2-260 Application Requirements 21 A. Compliance with Weld County Land Use Code 21 A.I —7 21 B. 1-15 General Information 22 C. 1-17 Description of the Proposed Operation and Use 26 D. Special Review Permit Plan Map 37 E. Supporting Information 37 Appendix 39 Figures Figure 1 Regional Vicinity Map 17 Figure 2 Vicinity Map 23 Figure 3 Plot Plan 27 Figure 4 Batch Plant Drawing 31 Figure 5—5a Batch Plant Canopy 33 Tables Table 1 Number and Type Employee and Associated Shift Hours 8 Table 2 Expected Construction Timetable 11 i Cedar Creek Wind Energy Project Weld County Use by Special Review Application Concrete Batch Plant Acronyms and Abbreviations Babcock Babcock and Brown Power Operating Partners, LLC and Brown CDOT Colorado Department of Transportation Cedar Cedar Creek Wind Energy, LLC Creek CO2 carbon dioxide COPUC Colorado Public Utilities Commission CRP Conservation Reserve Program CRS Colorado Revised Statutes FSA Farm Service Agency gpm gallons per minute Greenlight Greenlight Energy, LLC MW megawatt NRCS Natural Resources Conservation Service PSCo Public Service Company of Colorado USDA U.S. Department of Agriculture USR Use by Special Review USDOT U.S. Department of Transportation v AFFIDAVIT OF OWNERSHIP State of Virginia ) ) ss County of Albemarle ) The undersigned, Nelson S. Teague, Jr., first being duly sworn upon oath deposes and states as follows: The following property owner set forth on the attachment hereto has entered into a Land Lease and Wind Easement Agreement with Cedar Creek Wind Energy, LLC ("CWE") and has consented thereby to the filing by CWE of a Use By Special Review for his property as listed on the Application. In witness whereof, affiant has set his hand this a day of / os f , 2006. TIAP(1 Subscribed and sworn to before me a Notary Public the day and year last above written. t P blic My commission expires: it 301 2009 ATTACHMENT TO AFFIDAVIT OF OWNERSHIP A Land Lease and Wind Easement between Greenlight Energy, Inc. and George F. Ehmke dated December 19, 2003. 5� 111111 11111 11111 11111 111111111111111 III BE IM I'll 3363528 02/16/2006 11:37A Weld County, CO 1 of 4 R 21.00 0 0.00 Steve Moreno Clerk& Recorder Prepared by and return to: Nelson S. Teague, Jr. 310 Fourth Street,N. E. Charlottesville, Virginia 22902 MEMORANDUM OF LEASE AND EASEMENT TQ�ssryry This Memorandum of Lease and Easement ("Memorandum") is made on tat., ber 1+, 2006 by and between George F. Ehmke (collectively, "Lessor") and Cedar Creek Wind Energy, LLC ("Lessee"). WHEREAS: A. Lessor is the owner of the property described on attached Exhibit A (the "Property"). B. The Lessor entered into a Land Lease and Wind Easement (the "Agreement") on December 19, 2003 (the "Effective Date") with Greenlight Energy, Inc. which, pursuant to the terms and conditions of the Agreement, was assigned and transferred to Lessee on November 1, 2005. C. The Agreement by its terms grants to Lessee the exclusive right to use the Property for the purpose of constructing, installing, operating and maintaining wind energy conversion turbines, wind resource and weather measurement equipment. supporting structures, foundations and pads, footings, electrical transformers, fixtures, and storage equipment, electric distribution and transmission lines, access roads, interconnection facilities and related facilities and equipment on the Property to the extent set forth in the Agreement. D. The term of the Agreement is forty (40) years from the Effective Date. - 111111111111111111111111 I i::; III 1111111 III 11111 I l l i III I 3363528 02/16/2006 11:37A Weld County, CO 2 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder — E. The parties desire to enter into this Memorandum which is to be recorded in order that third parties may have notice of the interest of Lessee in the Property and of certain easements and rights granted to Lessee in the Property as part of the Agreement. NOW, THEREFORE, in consideration of the rent and royalty payments and covenants provided in the Agreement to he paid and performed by Lessee, Lessor hereby grants to Lessee certain easements with respect to the Property as more particularly set forth in the Agreement. All of the terms, conditions, provisions and covenants of the Agreement are hereby incorporated into this Memorandum by reference as though fully set forth herein, and the Agreement and this Memorandum shall be deemed to constitute a single instrument or document. Should there by any inconsistency between the terms of this Memorandum and the Agreement, the terms of the Agreement shall prevail. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the date set forth above. Lessor: MARGARET E. BUR SETT 7 - 7 NOTARY PUBLIC STATE OF COLORADO Georg F hmke i. onabooMPIRMIMPSiesionsctac 1/4, 741_,-- / zi (Consenting Souse) STATE OF COLORADO COUNTY OF WELD / The foregoi instrument w s acknowledged before me this ./O day of 1 1 200 by y lu st r vh?n4 . Kan? C . . civil/J., c Title: Notary Public ply (2C-rn emso,d)9 �j';J- rear _ i c: -/2-,e_ c2 la Lessee: CEDAR CREEK WIND ENERGY, LLC By: �- Name: Stanislav A. Reisky de Dubnic — Title: President 2 ►II 11111LL'6L" t'A0Ip" J'3fj' Weld County, CO 3 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder STATE OF VIRGINIA COUNTY OF ALBEMARLE The foregoing instrument was acknowledged before me this lit' day of Zotskty , 2006 by Stanislav A. Reisky de Dubnic as the Presiidenntt of Lessee. J 99240n 1194 Na e: I by) G.9 c ue:, Tr_ My Commission Bpi=Oclobs s Title: Notary Public 3 1 111111 11111 11111 1111111 pill 1111111 11 111 11111 1111 11111 3363528 02/16/2006 11:37A Weld County, CO 4 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A Legal Description of Property George F. Ehmke • Parcel Number: 028902000001 Township 10— Range 60— Section 02 Tract Description: W2 (Total Acres: 316) Ehmke Ranch LLP Parcel Number: 028901000009 Township 10— Range 60 — Section 01 Tract Description: ALL EXC MIN ON SE4 (Total Acres: 634) Parcel Number: 028915000008 Township 10— Range 60 — Section 15 Tract Description: NE4 & SW4 (Total Acres: 316) Parcel Number: 028912000008 Township 10—Range 60— Section 12 Tract Description: NE4 EXC MIN (#3415A IMPS ONLY EHMKE) (Total Acres: 160) Parcel Number: 028706000001 Township 10— Range 59— Section 06 Tract Description: 2764 ALL 6 10 59 EXC MIN (27S) (Total Acres: 613) Cedar Creek Wind Energy Project Weld County Use by Special Review Application Concrete Batch Plant Site Specific Development Plan and Use by Special Review (USR) Questionnaire 1. Explain, in detail,the proposed use of the property. The proposed use is necessary in order to construct the Cedar Creek Wind Energy Facility that was approved on August 2, 2006, as Weld County USR Permit No. 1563. A temporary batch plant will be erected to produce concrete for the construction of the Cedar Creek Wind Energy Facility. The plant will operate for approximately 7 months. The concrete produced at the plant will be used to construct approximately 250 wind turbine foundations, each 8 feet deep and ranging from 45— 50 feet in diameter. 2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22 (Comprehensive Plan). The Weld County Code, Chapter 22, Comprehensive Plan, has been reviewed and the proposed wind farm is consistent with the intent of the Comprehensive Plan, including Land Use, Environmental Resources, and Natural Resources. The proposed use will not compromise the goals of agricultural land use or any other land use category. The current use of the site and the surrounding area is Conservation Reserve Program (CRP) land, which is not currently in agricultural production. The temporary nature of the proposed batch plant operation will allow agricultural uses to occur on the site in the future. The project will not impact effective and efficient delivery or place undue strain on adequate public services or other land use amenities. Impacts to environmental resources such as air, water, waste, noise, and public health will be minimal. Mitigation practices will minimize impacts from dust generation and waste products. A stormwater management plan for the larger wind energy generation facility will address best management practices to preserve water quality. Any impacts that do occur will be short-term, as the proposed batch plant will be a temporary use. Natural resources will not be permanently impacted by the proposed batch plant. Vegetation removed prior to batch plant operation will be reclaimed once the operation is complete. Wildlife may be temporarily displaced by batch plant construction and operation, but will not be prohibited from returning to the site once operation ceases. 7 Cedar Creek Wind Energy Project Weld County Use by Special Review Application Concrete Batch Plant 3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23 (Zoning)and the zone district in which it is located. The proposed concrete batch plant site is within the Agricultural Zone District. In accordance with Section 23-3-40 of the Weld County Land Use Code, concrete and asphalt batch plants are listed as an allowable Use by Special Review in Agricultural Zone Districts. This Use by Special Review application requests approval of the batch plant within the Agricultural Zone District. 4. What types of uses surround the site? Explain how the proposed use is consistent and compatible with surrounding land uses. The proposed site consists of and is bordered by CRP land to the east, south, and west, and by County Road 122 to the north. The proposed use will be compatible with the surrounding land uses, as the batch plant will be a temporary use. Once construction of the associated wind energy facility is completed, the batch plant will be disassembled and stockpiles and water tanks removed. Aggregate base will be removed to original sub-grade, topsoil will be re-spread, and the area will be re-seeded with species appropriate to the desired land use of the area at that time. Though the site is not currently agriculturally productive, future agricultural production will not be precluded by the proposed use. 5. Describe, in detail, the following: a. How many people will use the site? Approximately 15—20 people will use this site regularly, including employees and others that may visit the site occasionally. See Table 1 in 5a-b for a description of employees that will use the site on a regular basis. b-c. How many employees are proposed to be employed at this site and what are the hours of operation? Table 1 summarizes the number and type of employees at the site and their hours of operation. Table 1 Number and T .- Em.lo ees and Associated Shift Hours Number of Type of Employee Shift Hours Employees 10 Concrete Truck Drivers Monday—Friday,6:00 a.m.to 6:00 p.m. 1 Plant Operator Monday—Friday,6:00 a.m.to 6:00 p.m. 1 Payloader Operator Monday—Friday,6:00 a.m.to 6:00 p.m. 1 Daytime Mechanic/Maintenance Person Monday—Friday,6:00 a.m.to 2:00 p.m. 1 Swing Shift Mechanic/Maintenance Person Monday—Friday,2:00 p.m.to 10:00 p.m. 1 Quality Control Technician/Quality Assurance Monday—Friday,6:00 a.m.to 4:00 p.m. 8 Cedar Creek Wind Energy Project Weld County Use by Special Review Application Concrete Batch Plant d. What type and how many structures will be erected (built)on this site? The batch plant will consist of one main structure that will house a 12- cubic-yard capacity concrete batcher machine capable of producing 150 cubic yards of concrete per hour. Storage facilities will include 50,000 gallons of water stored in 10,000-to 20,000-gallon plastic tanks; a 93,000-ton steam-heated aggregate storage area; and an 11,000- cubic-foot cement storage area in a combination of upright bins, as well as 4,200-cubic-foot storage bins. Diesel or propane fuel for a 15,000-to 20,000-gallon water heater will be stored on site. The hot water will be used for cold weather batching and heating of aggregate material. e.What type and how many animals, if any,will be on this site? Not applicable. No animals will be on this site. f.What kind (type,size,weight) of vehicles will access this site, and how often? It is anticipated that 11 semi truckloads of cement per day will be delivered by either 90,000-pound triple axle or 84,000-pound tandem tractor trailers. Aggregate is anticipated to be hauled prior to the commencement of operations. The anticipated daily hauling of the aggregate will be 100 loads for a duration of approximately 36 days. Concrete delivery will be completed by 10, 70,000-pound concrete trucks, with each truck delivering six to eight loads each, per day. One designated route for delivery will be designated in coordination with Weld County Public Works. An access information sheet is included in the Appendix. Employee commuter vehicles will total approximately 15 light duty trucks or passenger cars, each making one trip to and from the site per day. Additional vehicles include 10 water trucks per day hauling 6,000 gallons each, and one 68,000-pound fuel truck per day delivering fuel for vehicles and for the batch plant. The batch plant area is large enough to accommodate personal and operational vehicles, including concrete delivery trucks. A temporary construction staging area associated with the larger wind energy facility will be adjacent to the batch plant and will provide additional parking for batch plant and other employees. g.Who will provide fire protection to the site? Fire protection will be provided by Pawnee Fire Protection District. All applicable fire laws and regulations, as outlined in the Colorado Revised 9 Cedar Creek Wind Energy Project Weld County Use by Special Review Application Concrete Batch Plant Statutes (C.R.S.) 31-16-601, will be observed during the construction period. Cedar Creek, LLC, will advise construction personnel of their responsibilities under the applicable fire laws and regulations, including taking practical measures to report and suppress fires. h.What is the water source on the property (Both domestic and irrigation)? Potable water for batch plant employees will be provided by Culligan Water of Cheyenne, Wyoming. Industrial water for batch plant operations will be brought in by truck from Wyoming. This supply may be augmented by water supplied from an onsite well. If so, a well permit will be obtained from Weld County. There will be no irrigation use associated with the proposed concrete batch plant. I.What is the sewage disposal system on the property? (Existing and proposed). Sanitary portable toilets will be provided at the batch plant area with regular cleaning service. There will be no future permanent sewage disposal system associated with the batch plant. j. If storage or warehousing is proposed,what type of items will be stored? Storage will include 50,000 gallons of water stored in 10,000-to 20,000- gallon plastic tanks; a 93,000-ton steam-heated aggregate storage area; and an 11,000-cubic-foot cement storage area in a combination or upright bins, as well as 4,200-cubic-foot storage bins. Diesel or propane fuel for a 15,000-to 20,000-gallon water heater will also be stored on site. 6. Explain the proposed landscaping for the site.The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. Not applicable. Areas will be reclaimed, but no additional landscaping is proposed as a part of the batch plant. 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. Prior to operations, the 3-acre batch plant area will be stripped of topsoil, which will be stockpiled for later use, and a layer of 8 to 10 inches of aggregate will be placed for operations. Once batch plant operations cease, the batcher will be disassembled and stockpiles and water tanks will be removed. The aggregate base will be removed to the original sub-grade, and original topsoil will be re- spread and re-seeded with species suitable to the desired land use at that time. 10 Cedar Creek Wind Energy Project Weld County Use by Special Review Application Concrete Batch Plant 8. Explain how the stormwater drainage will be handled on the site. Temporary sediment and erosion control measures including silt fencing will be implemented, as necessary, for the construction and operation of the batch plant. The proposed use is not anticipated to require extensive stormwater management. 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. Table 2 presents the expected construction timetable. Landscaping is not applicable to the project. Table 2 Ex.ected Construction Timetable Project Component Anticipated Start Date Anticipated End Date Assembl October 2006 November 2006 0ierations November 2006 Ma 2007 Demobilization Ma 2007 June 2007 10. Explain where storage and/or stockpile of wastes will occur on this site. The total area for material storage, stockpile, and waste storage will be approximately 1.5 acres within the 3-acre batch plant site. Dumpsters will be provided near the batch plant and used to dispose of daily waste. To maintain a clean batch plant area, dumpsters will be emptied weekly, or as needed, in a regulated landfill. 11 Cedar Creek Wind Energy Project Weld County Use by Special Review Application Concrete Batch Plant Project Description Introduction Cedar Creek Wind Energy, LLC (Cedar Creek) is proposing to construct and operate a temporary concrete batch plant associated with the Cedar Creek Wind Energy Project in Weld County, Colorado. The wind energy facility was included in a Weld County Activity of State Interest(1041) application for construction and operation of a Major Facility of a Public Utility, submitted in May 2006 (Weld County USR Permit Application No. 1563). This USR application requests approval of the proposed temporary batch plant that will produce concrete for construction of turbine foundations and other project features. The proposed facility is located within Weld County, as shown in the Project Location Map (Figure 1). This application is authorized by Article 2, Division 4 of Chapter 23 of the Weld County Land Use Code. Cedar Creek is a joint venture between Greenlight Energy, LLC (Greenlight) and Babcock and Brown Power Operating Partners, LLC (Babcock and Brown). Greenlight is a national developer of large-scale wind energy projects with projects under development in 15 states, including Colorado, Wyoming, Oklahoma, New Mexico, Kansas, and North Dakota. Babcock and Brown is a global investment and advisory firm that specializes in arranging financing as well as managing and acquiring major assets such as power plants. Worldwide, Babcock and Brown has completed more than 3,000 megawatts (MW) of renewable energy projects valued at more than $3.5 billion. Babcock and Brown also has more than 3,000 MW of wind energy projects under construction or in late-stage development. In the U.S., Babcock and Brown has been involved in the financing, development, and ownership of wind energy projects in California, Texas, Pennsylvania, New Jersey, and New Mexico. 15 Cedar Creek Wind Energy Project Weld County Use by Special Review Application Concrete Batch Plant 23-2-260 Application Requirements A. Compliance with Weld County Land Use Code A.1 - 7 1. The Weld County Code, Chapter 22, Comprehensive Plan, has been reviewed, and the proposed wind farm is consistent with the intent of the Comprehensive Plan, including Land Use, Environmental Resources, and Natural Resources. The proposed use will not compromise the goals of agricultural land use or any other land use category. The current use of the site and the surrounding area is Conservation Reserve Program (CRP) land, which is not currently in agricultural production. The temporary nature of the proposed batch plant operation will allow agricultural uses to occur on the site in the future. The project will not impact effective and efficient delivery or place undue strain on adequate public services or other land use amenities. Impacts to environmental resources such as air, water, waste, noise, and public health will be minimal. Mitigation practices will minimize impacts from dust generation and waste products. A stormwater management plan for the larger wind energy generation facility will address best management practices to preserve water quality. Any impacts that do occur will be short-term, as the proposed batch plant will be a temporary use. Natural resources will not be permanently impacted by the proposed batch plant. Vegetation removed prior to batch plant operation will be reclaimed once the operation is complete. Wildlife may be temporarily displaced by batch plant construction and operation, but will not be prohibited from returning to the site once operation ceases. 2. The proposed concrete batch plant site is within the Agricultural Zone District. In accordance with Section 23-3-40 of the Weld County Land Use Code, concrete and asphalt batch plants are listed as an allowable Use by Special Review in Agricultural Zone Districts. This Use by Special Review application requests approval of the batch plant within the Agricultural Zone District. 3. The proposed site consists of and is bordered by CRP land to the east, south, and west, and by County Road 122 to the north. The proposed use will be compatible with the surrounding land uses, as the batch plant will be a temporary use. Once construction of the associated wind energy facility is completed, the batch plant will be disassembled and stockpiles and water tanks removed. 21 Cedar Creek Wind Energy Project Weld County Use by Special Review Application Concrete Batch Plant Aggregate base will be removed to original sub-grade, topsoil will be re-spread, and the area will be re-seeded with species appropriate to the desired land use of the area at that time. Though the site is not currently agriculturally productive, future agricultural production will not be precluded by the proposed use. 4. The proposed use would be compatible with future development of the surrounding area as permitted by the Agricultural Zone District. The temporary nature of the proposed batch plant ensures that it will not interfere with long-term development potential of the surrounding area. 5. The proposed use is in compliance with Article V of Chapter 23 of the Weld County Land Use Code. The batch plant is not located within any Overlay District Areas identified by maps officially adopted by the county. 6. The proposed concrete batch plant is located within the Agricultural Zone District, but is not a permanent impact to agricultural activities or prime farmlands. The area is considered to be Farmland of Statewide Importance, but once operation of the batch plant is complete, the site will be reclaimed and will be available for agricultural use. 7. The proposed concrete batch plant will not jeopardize the health, safety, or welfare of the inhabitants of the neighborhood or the county. Standard _ construction and operation practices will minimize dust from the operation. A dust control plan outlining dust abatement strategies will be developed and submitted to the County. A silt fence around the perimeter of the batch plant site is planned to comply with Colorado Department of Transportation (CDOT) specifications. B. 1.15 General Information 1. Applicant: Cedar Creek Wind Energy, LLC Attention: Nelson S. Teague, Jr. 310 Fourth Street, N.E. Charlottesville, VA 22902 434-220-1406 2. Fee Owner: Parcel Number 028902000001 George F. Ehmke 53468 County Road 384 Grover, CO 80729 3. Legal description of the property: T10N, R60W, Section 2, NW %, NW See Figure 2, Vicinity Map. 22 Cedar Creek Wind Energy Project Weld County Use by Special Review Application Concrete Batch Plant 4. The proposed batch plant will be located on a 3-acre site (see Figure 3). 5. The parcel under consideration is currently enrolled and active in the U.S. Department of Agriculture (USDA) Farm Service Agency's (FSA) CRP. Cedar Creek is working with the local FSA to purchase any applicable land out of the CRP in the event it is impacted by the footprint of the batch plant. 6. The parcel is bordered by CRP land to the east, south, and west, and by County Road 122 to the north. Future use of the parcel adjacent to the west will include the temporary construction staging area that is part of the overall wind energy facility in USR application 1563. 7. The site is within the Agricultural Zone District, and there are no overlay zones that apply to the site. 8. Signatures of applicant(authorized legal agent) are included on the application form at the beginning of this document. Names and addresses of property owners within 500 feet of the property: Perry Knuppel 62579 County Road 111 Grover, CO 80729 Melvin and Helen Knuppel 62575 County Road 111 Grover, CO 80729 Frankie Dean Loveland -do Melvin Knuppel— 62575 County Road 111 Grover, CO 80729 Eugene D. and Sharon Hahn 52701 WCR 124 Grover, CO 80729 Rose Jessen -do Ray Jessen 620 Charles Drive Sidney, NE 69162 Gary Roth 111 Elk Drive- P. O. Box 1064 Saratoga, WY 82331 Ruth Knuppel Roth 1255 N. 1st Ave. Greeley, CO 80631 10. An affidavit listing names and addresses of mineral owners/lessees has been submitted to Weld County. 25 Cedar Creek Wind Energy Project Weld County Use by Special Review Application Concrete Batch Plant 11. A sign will be posted by Weld County at the subject property for notification purposes. 12. The following tax information was obtained from the Weld County Treasurer website. There are no delinquent taxes on the subject property. Tax Search Details Information for tax year:2005 payable in 2006 Property Information Owner Name: Ehmke George F Address: City: Weld County,CO Account Number: R0221486 Parcel Number: 028902000001 Legal Address: 3387 w2 2 10 60(216r) Tax Status Tax Liens: No Tax Area 1200 Prior Taxes Due: No Senior Homestead Exemption: No Special Improvement Tax: No Mill Levy 55.149 Personal Property Penalty: No Property Transfer Declaration No Database Last Updated at: 02:55 AM on August 1,2006 13. Due to the temporary nature of the proposed use, there are no landscape plans for the proposed batch plant. 14. The owner of the property is also the owner of the mineral rights for said property, and Cedar Creek has a lease agreement with this owner. 15. Signed Notice of Inquiry— N/A C. 1-17 Description of the Proposed Operation and Use 1. The use for which the application is being made is a temporary batch plant to produce concrete for the construction of the Cedar Creek Wind Energy Facility(Weld County USR Permit No. 1563). 2. The nearest residential structure is 0.75 mile to the east of the proposed site. 26 Cedar Creek Wind Energy Project Weld County Use by Special Review Application Concrete Batch Plant 3. The following table lists the number of employees, type of employee, and shift hours expected at the site: Number of Type of Employee Shift Hours Employees 10 Concrete Truck Drivers Monday-Friday,6:00 a.m.to 6:00 p.m. 1 Plant Operator Monday—Friday,6:00 a.m.to 6:00 p.m. 1 Payloader Operator Monday-Friday,6:00 a.m.to 6:00 p.m. 1 Daytime Mechanic/Maintenance Person Monday—Friday,6:00 a.m.to 2:00 p.m. 1 Swing Shift Mechanic/Maintenance Monday—Friday,2:00 p.m.to 10:00 p.m. Person 1 Quality Control Technician/Quality Monday—Friday,6:00 a.m.to 4:00 p.m. Assurance 4. The facility will not have patrons. 5. There will be no animals on site. 6. The batch plant will consist of an onsite, 12-cubic-yard capacity concrete batcher machine capable of producing 150 cubic yards of concrete per hour. Additional items used for the batch plant include 50,000 gallons of water stored in 10,000-to 20,000-gallon plastic tanks; a 93,000-ton steam-heated aggregate storage area; and an 11,000-cubic-foot cement storage area in a combination or upright bins, as well as 4,200-cubic-foot storage bins (see Figures 3 and 4). Diesel or propane fuel for a 15,000- to 20,000-gallon water heater will be stored on site. The hot water will be used for cold weather batching and heating of aggregate material. 7. The batch plant will be housed under a 113-foot by 200-foot vinyl building with 18-foot sidewalls and gable roof(Figures 5 and 5a). A silt fence around the perimeter of the batch plant site is planned to comply with CDOT's specifications. 8. It is anticipated that 11 semi truckloads of cement per day will be delivered by either 90,000-pound triple axle or 84,000-pound tandem tractor trailers. Aggregate is anticipated to be hauled prior to the commencement of operations. Aggregate will require 3,600 truckloads for an estimated aggregate need of 90,000 tons. The anticipated daily hauling of the aggregate will be 100 loads for a duration of approximately 36 days. Concrete delivery will be completed by 10, 70,000-pound concrete trucks, with each truck delivering six to eight loads each, per day. One designated delivery route will be established in cooperation with Weld County Public Works. Employee commuter vehicles will total approximately 15 light-duty trucks or passenger cars, each making one trip to and from the site per day. Additional vehicles include 10 water trucks per day hauling 6,000 gallons 29 Cedar Creek Wind Energy Project Weld County Use by Special Review Application Concrete Batch Plant each, and one 68,000 pound fuel truck per day delivering fuel for vehicles and for the batch plant. The batch plant area is large enough to accommodate personal and operational vehicles, including concrete delivery trucks. An adjacent temporary construction staging area associated with the wind energy facility will provide additional parking for employees. 9. Sanitary portable toilets will be provided at the batch plant area with regular cleaning service. Potable water will be provided by Culligan Water of Cheyenne, Wyoming. The adjacent temporary construction staging area will provide a location for water and sanitary facilities. 10. The total area for material storage, stockpile, and waste storage will be approximately 1.5 acres (Figure 3). 11. Dumpsters will be provided near the batch plant and used to dispose of daily waste. To maintain a clean batch plant area, dumpsters will be emptied weekly, or as needed, in a regulated landfill. 12. Expected Construction Timetable Project Component Anticipated Start Anticipated End Date Date Assembly October 2006 November 2006 Operations November 2006 May 2007 Demobilization May 2007 June 2007 13. Proposed landscape plans—N/A 14. Prior to operations, the 3-acre batch plant area will be stripped of topsoil, which will be stockpiled for later use, and a layer of 8 to 10 inches of aggregate will be placed for operations. Once batch plant operations cease, the batcher will be disassembled and stockpiles and water tanks will be removed. The aggregate base will be removed to the original sub- grade, and original topsoil will be re-spread and re-seeded with species appropriate for the desired land use at that time. 30 Cedar Creek Wind Energy Project Weld County Use by Special Review Application Concrete Batch Plant 15. The proposed use is necessary in order to construct the Cedar Creek Wind Energy Facility that was approved on August 2, 2006 as Weld County USR Permit No. 1563. 16. Each concrete delivery truck and the batch plant batcher will carry, and use if necessary, U.S. Department of Transportation- (USDOT) approved fire extinguishers. D. Special Review Permit Plan Map Figures 1 —3 display project features and existing land conditions as required by Weld County. E. Supporting Information 1. An affidavit of ownership and lease agreement has been submitted to Weld County. 2. The primary source of water will be supplied by Tyler E. Kimzey from a location north of the project site in Wyoming. Three wells are available, all of which are registered with the State of Wyoming, and each capable of producing 600 to 800 gallons per minute (gpm). A Certificate of Appropriation of Ground Water has been submitted to Weld County. Water will be hauled to the project site using 6,000-gallon trucks per load. Cedar Creek is currently working with George Ehmke, Leonard Rice Engineers, and the State Engineer's office to permit an augmentation plan that would provide for some portion of the project's water needs to be satisfied from within the project boundary. 3. Copy of deed— N/A. 4. The maximum noise level of the trucks will be 90 decibels, and the plant itself will put out 85 decibels at full production. 5. Soil review from the Natural Resources Conservation Service (NRCS) Soil Survey: The site consists of Ascalon fine sandy loam, on 0 to 6 percent slopes. This deep, well-drained soil is on smooth to moderately dissected plains. It formed in calcareous loamy alluvium. Typically, the surface layer is dark brown, fine sandy loam, 8 inches thick. The subsoil is sandy clay loam 14 inches thick. The substratum to a depth of 60 inches or more is calcareous sandy loam. In some areas the surface layer is loam. 37 Cedar Creek Wind Energy Project Weld County Use by Special Review Application Concrete Batch Plant Permeability of this Ascalon soil is moderate. Available water capacity is high. Effective rooting depth is 60 inches or more. Runoff is slow to medium, and the hazard of water erosion is slight to moderate. The hazard of soil blowing is moderate. This unit is used as nonirrigated cropland and rangeland. Winter wheat is the main crop. The soil is well suited to winter wheat, barley, oats, and sorghum. Because precipitation is not sufficient for annual cropping, a cropping system that includes small grain and summer fallow is most suitable. Precipitation usually is too low for crops on this unit to make efficient use of fertilizer. 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