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Home My WebLink About20191874.tiffMEMORANDUM TO: Chris Gathman, Planning Services FROM: Mike McRoberts, P.E., Public Works DATE: March 14, 2019 SUBJECT: USR19-0014 Leeward Wind Energy Facility The Weld County Department of Public Works has reviewed this proposal. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS GENERAL PROJECT INFORMATION/LOCATION Project description: A Site Specific Development Plan and Use by Special Review Permit for a 1041 Major Facility of a Public Utility (A Wind Energy Facility for up to 380 megawatts (MW), along with 1 (one) 230 - kilovolt (kV) transmission line approximately 11 miles in length and one (1) 115 kilovolt (kV) transmission line approximately 15 miles in length, two (2) electrical substations, two (2) temporary laydown yards and two (2) concrete batch plants along with up to seven (7) temporary construction trailers to be utilized during construction of the facilities, and six (6) meteorological towers in the A (Agricultural) Zone District. The Wind Energy Facility and Transmission Lines (and associated facilities) are located on 43,570 acres immediately south of and adjacent to the Wyoming/Nebraska state line, to the east of County Road 99, north of County Road 118 and west of County Road 135. ACCESS, ROADS, AND RIGHTS -OF -WAY According to the application materials: 1) land leases and wind and transmission line easement agreements have been negotiated with landowners within the site boundary of the proposed wind energy facility; 2) access to the transmission facilities and rights -of -way will occur primarily along existing private roads, county roads, state highways, and/or via overland access; 3) new roads will be built only when necessary for construction or maintenance purposes; and 4) the engineering design of the facilities is ongoing and the site layout provided with the application is considered indicative and is subject to changes. Once the project design and layout are finalized, the applicant shall submit to Public Works for review graphic and written documentation addressing the location and identification of all public rights -of -way being impacted by the project. In addition, the applicant shall provide the road classification (local, collector, or arterial) and surface type (gravel or paved) for each road. The Weld County Functional Classification Map can be found at: https://www.weldgov.com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/Transportation °/020Planning/2035°/020Transportation°/020Plan/2017/020Final°/020Functional°/020class°/020map°/020adop ted%205-3-17. pdf The applicant shall delineate and label on the USR map the physical location of the impacted public roads and the existing and future rights -of -way along with the creating documents for the rights -of -way. Please note that the physical location of existing roadways may not be centered in the right-of-way, and that pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, required setbacks are measured from future right-of-way lines. Per Chapter 12, Article 5, Section 12-5-30, an Access Permit is required for access to Weld County maintained roadways. We strongly encourage you to discuss your accesses with Public Works to ensure the approved accesses are compatible with your layout. Per Chapter 12, Article V, Section 12-5-30. F, when feasible, there shall be no net increase in the number of accesses to a public road. Minimum access spacing widths for the different road classifications are shown in Weld County Code Appendix Table 12A-2 below. Table 12A.2 Minimum Access Spacing Criteria (Feet) Access Element Arterial Collector Local Distance between intersections Signalized Unsignalized 2,640 1,320 N/A 1,320 N/A 330 Distance between accesses and intersections 660 660 330 Distance between access points 660 330 150 Distance between access points in subdivisions 660 330 75 Weld County Code requires commercial accesses to be 24-36 feet wide with 60' access radii. The access width is measured at the right-of-way. Per Chapter 12, Article 4, Section 12-4-30.B, a Weld County Right -of -Way Use Permit is required for any project that will be occupying, constructing or excavating facilities within, and/or encroaching upon, any County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at https://www.weldgov.com/departments/publicworks/permits/. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. TRAFFIC Table 5-11 below was provided with the application materials. The table shows typical traffic associated with wind facility projects. Table 5-11: Transmission Facilities Typical Construction Personnel and Equipment Per Wind Facility Project Activity Number of Round Trips (approximate) Equipment Duration Hauling gravel. cement. and aggregate - 1.000 Heavy trucks and semis 4-6 months Hauling water • • 500 Heavy trucks 6-S months hauling wind turbine components -.-200 Semis and oversized loads 4-6 months Hauling concrete QUO Concrete mixers 3-5 months Worker travel L000 Light duty trucks 10-12 months TRAFFIC IMPACT STUDY REQUIREMENTS Due to the high volume of heavy truck and semi traffic indicated in the table above, the applicant shall submit a Traffic Impact Study that is prepared, stamped, and signed by a professional engineer licensed in the State of Colorado. Traffic Study: A Traffic Impact Study shall be completed by a Colorado Registered Professional Engineer. The engineer will need to follow the checklist available on the Weld County Public Works website at: http://www.weldgov.com/departments/public works/traffic signing/traffic study checklist/. Any required off -site improvements based upon the traffic study will be included within the Improvements Agreement. IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT Public Works is requiring an Improvements Agreement for on -site and off -site improvements and road maintenance per Chapter 12, Article 5, Section 12-5-60. Collateral is required to ensure the improvements are completed and maintained. Improvements/Road Maintenance Agreement: An example agreement is available at: https://www.weldcaov.com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR eview/sprusr.pdf. It will detail the approved haul route(s), outline when offsite improvements will be triggered, and include a maintenance agreement for the haul routes. Possible mitigations included in the road maintenance agreement may include but are not limited to: dust control, specified haul routes, damage repairs, and future improvement triggers. TRACKING CONTROL Temporary tracking control shall be used during construction at all access points. Recycled concrete is not allowed in County right-of-way. Tracking control for unmaintained public right-of-way is required just prior to entering publicly maintained roadways. DRAINAGE REQUIREMENTS This area IS within a Non -Urbanizing Drainage Area: Non -Urbanizing Drainage Areas typically require detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped site for NON - URBANIZING areas. Detention Pond summarized in a Drainage Report: The applicant has submitted a preliminary drainage report. A final drainage report and detention pond designs completed by a Colorado Licensed Professional Engineer are required prior to recording the USR map. The drainage report must include a certification of compliance stamped and signed by the PE. A Certification of Compliance form can be found on the Public Works Development Review website. General drainage report checklist is available on the engineering website. More complete checklists are available upon request. Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from the property. GRADING PERMIT A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications are accepted after the planning process is complete (plan recorded). An Early Release Request Form may be entertained only after the applicant, Public Works and Planning Department have reviewed the referral and surrounding property owner comments. The Early Release Request may or may not be granted depending on referral comments and surrounding property owner concerns. Contact an Engineering representative from the Public Works for more information. A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575. CONDITIONS OF APPROVAL A. An Improvements and Road Maintenance Agreement is required for on -site and off -site improvements. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. (Department of Public Works) B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Department of Public Works) C. The applicant shall submit a recorded copy of any agreement signed by all of the owners of the property crossed by accesses. The accesses shall be for ingress, egress, utilities and shall be referenced on the USR map by the Weld County Clerk and Recorder's Reception number. (Department of Public Works) D. The plan shall be amended to delineate the following: 1. The applicant shall delineate and label the physical location of all project impacted public roads and dimension and label the associated existing and future rights -of -way for each. The documents creating the existing rights -of -way shall be referenced with Reception numbers. All setbacks shall be measured from the future right-of-way line. (Department of Public Works) 2. Show and label the approved access locations, approved access width and the appropriate turning radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 3. The Colorado Department of Transportation (CDOT) has jurisdiction over all State highways. The applicant shall contact Tim Bilobran at the Greeley office (970-350-2163) to verify if any improvements will be required at the intersections of State Highway 71 and County Roads 132 or 120 to accommodate traffic from the project. Written evidence of CDOT approval shall be provided. (Department of Public Works) 4. Show and label the approved tracking control on the site plan. (Department of Public Works) 5. Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works) 6. Show and label all minimum 30 -foot wide accesses and utility easements to provide legal access to the project on the site plan. (Department of Public Works) 7. Show and label the accepted drainage features. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. (Department of Public Works) 8. Show and label the drainage flow arrows. (Department of Public Works) 9. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) Prior to Construction: A. The applicant shall obtain all approved access permits. (Department of Public Works) B. The applicant shall construct the approved temporary tracking control. (Department of Public Works) C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Public Works) D. The applicant shall obtain overweight and/or overwidth special transport permits from the Department of Public Works for all applicable trucks. E. The applicant shall obtain right-of-way permits before installation and/or construction of any aboveground or buried features in or crossing Weld County road rights -of -way. F. The applicant shall provide three (3) county spec surface gravel stockpile locations and stock each with 1,000 cubic yards of gravel, which may be used for road repairs, in accordance with Weld County and Department of Defense. G. The applicant shall make improvements to turning radii at designated intersections, improvements to existing cattle guards and installation of warning signs at designated locations identified in the Improvements Agreement. H. The applicant shall submit a traffic control plan for County review. DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works) 2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Department of Public Works) 3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 4. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works) 5. The Property Owner shall comply with all requirements provided in the executed Improvements Agreement. (Department of Public Works) 6. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Department of Public Works) 7. Some accesses will be along unmaintained County rights -of -way and maintenance of the rights -of -way will not be the responsibility of Weld County. (Department of Public Works) 8. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 9. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 10. During construction, signage on County Roads shall be posted in accordance with the accepted traffic control plan and the then current version of the "Manual of Uniform Traffic Control Devices" issued by the Federal Highway Administration. 11. The applicant shall take reasonable steps to prevent heavy truck and equipment traffic associated with the Project from using any County Roads other than those identified in the Improvements Agreement. WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org Memorandum To: Chris Gathman From: Lauren Light, Environmental Health Services Date: March 12, 2019 Re: USR19-0014 Leeward Renewable Energy Development Environmental Health Services has reviewed this proposal for a Site -Specific Development Plan and Use by Special Review Permit fora 1041 Major Facility of a Public Utility (A Wind Energy Facility for up to 380 megawatts (MW), along with 1 (one) 230 -kilovolt (kV) transmission line approximately 11 miles in length and one (1) 115 kilovolt (kV) transmission line approximately 15 miles in length, two (2) electrical substations, two (2) temporary laydown yards and two (2) concrete batch plants along with up to seven (7) temporary construction trailers to be utilized during construction of the facilities, and six (6) meteorological towers in the A (Agricultural) Zone District. The existing Cedar Creek operations and maintenance building will be utilized for the office. The office is served by an existing commercial well (271293) and commercial septic system sized for 15 people (SP -0700082). Portable toilets will be used for construction crews in accordance with EH policy. An Air Pollution Emission Notice (APEN) may be required for the batch plants as well as construction of the turbines. During construction, water for the concrete batch plants, dust control, and drinking water will be obtained by the construction contractor from existing permitted sources. The application states: "Any odor generated from a concrete batch plant is anticipated to be temporary, localized, and have minimal impact on adjacent lands." The residential nighttime sound level limit (i.e., 50 dBA) was chosen as a design goal for the exterior of any occupied residence, according to the noise modeling study submitted with the application. The study concluded there are no expected exceedances of the 50-dBA design goal due to operation of any of the Project wind turbine locations at the identified residences contained in the sound study. Health Administration Vital Records Icic: 9/U 304 6410 Fax: 9/0-304-6412 Public Health & Clinical Services Icic: 9/0 304 6420 Fax: 9,10-304-64 15 Environmental Health Services Tele:970-304-6415 Fux: 970-304-6411 Communication, Education & Planning Tele: 970-304-6470 Fax: 970-304-5452 Emergency Preparedness 8 Response Te le: 970-304-6470 Fax: 970-304-6452 Public Health Environmental Health Services recommends that the following requirements be incorporated into the permit as development standards: 1. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. During construction, 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. 3. During construction, waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. 4. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction and until ground cover is established. Uses on the property shall comply with the Colorado Air Quality Commission's air quality regulations. 5. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and Environment, as applicable. 6. During construction, adequate toilet facilities and handwashing units shall be provided. Portable toilets are acceptable for all construction sites except the office. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. 7. Sewage disposal for the office shall be by septic system. As the applicant intends to utilize the septic system permitted as SP -0700082, which is located at the existing Cedar Creek operations and maintenance building, the septic system shall be reviewed by a Colorado Registered Professional Engineer if the usage exceeds 15 people. If the system is found to be inadequately sized or constructed the system shall be brought into compliance with current regulations. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. 8. All chemicals must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. 9. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as set forth in Section 25-12-103, C.R.S. except the noise level shall adhere to the Residential Zone as set forth in Section 25-12-103, C.R.S. for occupied residences as determined in the Sound Study dated 12/28/2018 by Burns & McDonnell Engineering Company, Inc. 10.Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 11. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. 12.The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. Submit by Email Weld County Referral February 15, 2019 The Weld County Department of Planning Services has received the following item for review: Applicant: Leeward Renewable Energy Development Case Number: USR19-0014 LLC Please Reply By: March 15, 2019 Planner: Chris Gathman Project: A Site Specific Development Plan and Use by Special Review Permit for a 1041 Major Facility of a Public Utility (A Wind Energy Facility for up to 380 megawatts (MW), along with 1 (one) 230 -kilovolt (kV) transmission line approximately 11 miles in length and one (1) 115 kilovolt (kV) transmission line approximately 15 miles in length, two (2) electrical substations, two (2) temporary laydown yards and two (2) concrete batch plants along with up to seven (7) temporary construction trailers to be utilized during construction of the facilities, and six (6) metorological towers in the A (Agricultural) Zone District. Location: The Wind Energy Facility and Transmission Lines (and associated facilities) are located on 43,570 acres immediately south of and adjacent to the Wyoming/Nebraska state line, to the east of County Road 99, North of County Road 118 and West of County Road 135. Parcel Number: Multiple Parcels Legal: The proposed facility is located in the SE4, S2NE4, E2SW4, Lots 1-3, Lots 6-7 in Section 6, E2, E2W2, Lots 1-4 in Section 7, NW4, N2SW4, SE4SW4 and a portion of SW4SW4 of Section 8, located in T10N, R58W; the S2S2, NW4SW4, NE4SE4, S2, Lots 1-4 in Section 1, T10N, R59W; SW4, S2NW4, Lots 3-4 in Section 2, S2, S2N2, Lots 1-4 in Section 3, located in T10N, R60W; S2N2, Lots 1-4 in Section 1, S2NW4, Lots 3-4 in Section 3, S2, S2N2, Lots 1-4 in Section 4, S2, S2N2, Lots 1-4 in Section 5, SE4, S2NE4, E2SW4, SE4NW4, Lots 1-7 in Section 6, E2, E2W2, Lots 1-4 in Section 7, All of Section 9, S2 of Section 10, E2, E2W2, Lots 1-4 in Section 19, E2, E2W2, Lots 1-4 in Section 30, E2, E2W2, Lots 1-4 in Section 31, Located in T11 N, R58W; S2, S2N2, Lots 1-4 in Section 1, S2 of Section 2, S2, S2N2, Lots 1-4 in Section 3, S2, S2N2, Lots 1-4 in Section 4, S2, S2N2, Lots 1-4 in Section 5, NE4, E2W2, Lots 1-4 in Section 7, All of Sections 8-10, N2 of Section 11, All of Section 12, All of Section 15, All of Section 17, E2, E2W2, Lots 1-4 in Section 18, E2, E2W2, Lots 1-4 in Section 19, W2 of Section 20, All of Sections 22-25, N2, SW4 in Section 29, All of Section 36, Located in T11 N, R59W; All of Section 13, S2 of Section 14, All of Sections 23-24, W2 of Section 25, N2, SW4, N2SE4, SW4SE4, Portions of SE2SE2 in Section 26, W2 of Section 35, located in T11 N, R60W; SE4, E2SW4, Lots 1-4 in Section 19, S2, Lots 1-2 in Section 20, SW4, Lot 2 in Section 21, All of Section 25, S2 of Section 26, S2 of Section 27, All of Section 29, All of Sections 32-36, in T12N, R58W; SE4, S2NE4, E2SW4, SE4NW4, Lots 1-7 in Section 19, S2, S2N2, Lots 1-4 In Section 20, S2, S2NW4, Lots 3-4 in Section 21, S2, S2N2, Lots 1-4 in Section 22, S2, S2N2, Lots 1-4, in Section 24, S2 of Section 26, All of Section 27, W2 of Section 28, E2 of Section 29, E2, E2W2, Lots 1-4 in Section 30, E2, E2W2, Lots 1-4 in Sections 31, All of Section 32, All of Sections 34-36, located in T12N, R59W; S2, S2N2, Lots 1-4 in Section 22, SW4, S2N2, Lots 1-4 in Section 23, S2NE4, Lots 1-4 in Section 24, All of Sections 25-27, located in T12N, R60W of the 6th P.M., Weld County, Colorado. Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax Page 2 of 2 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does /does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Alan Sielaff, Planner I 2/19/19 Signature Date Agency City of Northglenn Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax COLORADO Parks and Wildlife March 15, 2019 Ms. Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 cgathman@weldgov.com RE: CPW's Comments on the Proposed Mountain Breeze and Panorama Wind Energy Facilities, East of Grover, Weld County, CO (USR19-0014) Dear Chris, Thank you for the opportunity for Colorado Parks and Wildlife (CPW) to comment on Leeward Renewable Energy Development's (Applicant) proposed Site Specific Development Plan and Use by Special Review Permit for a Weld County (County) 1041 Major Facility of a Public Utility, otherwise known as the Mountain Breeze and Panorama Wind Energy Facilities (Project). CPW staff is familiar with the proposed locations of these two wind farms and is appreciative of the efforts the Applicant has untaken since October 2017 to incorporate our comments to responsibly develop this Project while protecting sensitive wildlife habitats to the extent possible. CPW has a statutory responsibility to manage all wildlife species in Colorado and to promote a variety of recreational opportunities throughout Colorado. The mission of CPW is to perpetuate the wildlife resources of the state, to provide a quality state parks system, and to provide enjoyable and sustainable outdoor recreation opportunities that educate and inspire current and future generations to serve as active stewards of Colorado's natural resources. One way we achieve our statutory responsibilities and mission is by responding to county referral comment requests, as is the case for this project. CPW's signed referral form is located in Attachment A. It is our understanding that these wind facilities are located on 43,570 acres immediately south of and adjacent to the Wyoming/Nebraska/Colorado state lines, east of Weld County Road (WCR) 99, North of WCR 118, and West of WCR 135 (Project Boundary). CPW also understands that this Project could begin construction as early as September 2019 and have a commission date in the 3rd Quarter of 2020. CPW further understands that this Project will be Jeffrey M. Ver Steeg, Acting Director, Colorado Parks and Wildlife • Parks and Wildlife Commission: Taishya Adams • Robert W. Bray • Charles Garcia • Marie Haskett Carrie Besnette Hauser • John Howard, Chair • Marvin McDaniel • Luke Schafer • Eden Vardy • James Vigil, Secretary • Michelle Zimmerman, Vice -Chair composed of up to 130 turbines that will generate up to 380 megawatts of energy, and have the following ancillary features - an 11 -mile long 230 -kilovolt (kV) transmission line, a 15 -mile long 115 kV transmission line, two electrical substations, two temporary laydown yards, two concrete batch plants, up to seven temporary construction trailers, and six meteorological towers. After an internal review of the 1041 documents and based on multiple conversations with the applicant, CPW has the following comments and concerns: • CPW is concerned about the location of these two wind farms, as the project boundary encompasses 45% of the statewide Plains Sharp -tailed Grouse (PSTG) leks (breeding grounds; 25 out of 55 leks). While CPW appreciates the extensive effort the Applicant has taken to ensure none of the turbines are located within the 0.4 -mile lek buffers, many turbines and other ancillary features (e.g., substations, laydown yards, etc.) still remain within many PSTG 1.25 -mile production (egg laying, chick raising) buffers. o CPW is also looking at this Project and its combined cumulative effects to the PSTG population along with the previously permitted and adjacent Cedar Creek Wind Farm. The Cedar Creek Wind Farm was constructed in 2007 to the west of the Project Boundary, and CPW saw a reduction in the localized presence and preferred habitat use in areas where infrastructure has been placed. CPW expects a similar level of decrease of PSTG activity in this Project Boundary. o CPW recommends that the haul roads and any new turbine service roads that bisect any PSTG leks (0.4 -mile buffers) would be completely avoided by Project -related vehicles (including construction) between midnight and 10:00 a.m. during the lekking season (March 20 through April 20). o For the western substation located on the western edge of a PSTG lek buffer (and within the PSTG production buffer), CPW recommends that the Applicant ensures downward lighting does not extend east from the substation and that privacy slats (or weed -free straw bales stacked 3 bales high or equivalent wall barrier) be installed on the east side of this substation to limit the noise, visual, and trash impacts downwind and down -gradient to the leks. o CPW appreciates the additional mitigation measure of a conservation easement on two parcels comprising at least 600 acres where turbines were proposed in a core PSTG lekking area for the life of the project (at least 25 years). ■ CPW desires to continue working through the specifics with the Applicant and the landowners for the minimum vegetative standards on these two parcels (e.g., no vertical structures and similar vegetation and grazing practices). It is CPW's intent that minimum vegetation standards on these conservation easements would likely be based on current land uses that are currently supporting several PSTG leks. o CPW appreciates that the Applicant is planning to survey for PSTG in areas not covered in 2018 surveys. CPW desires to see the results from the 2019 surveys and to allow for further discussions or site alterations. o Therefore, CPW believes these measures, plus the additional mitigation measure of two parcels with PSTG conservation easements, will reduce the impacts to PSTG. • CPW recommends that the Applicant survey for raptors', Mountain Plovers (March 1 -July 31), and Burrowing Owls' within two weeks of initial site disturbances if they will begin within their nesting seasons. o Regarding the development of any new overhead transmission lines, CPW recommends that the "Avian Protection Plan Guidelines" document published in 2006 be consulted for design considerations to minimize raptor electrocution. These Best Management Practices (BMPs) to minimize impacts to avian species were developed by the U. S. Fish and Wildlife Service (USFWS) in cooperation with the Edison Electric Institute. These documents can be downloaded at the Avian Power Line Interaction Committee web site (http: //www.aplic.org). o CPW requests that any dead wildlife or livestock associated with the construction or operation of this Project is removed immediately and reported to CPW within the appropriate time frame (e.g., eagles - ASAP; songbird - end of year report). • CPW recommends that the Applicant consults with USFWS to ensure compliance with the Migratory Bird Treaty Act and the Bald and Golden Eagle Act. The best way to avoid impacts on the nesting efforts of migratory birds is to plan construction activities outside of the breeding season (March 15th - July 31st). If construction must occur during the breeding season, surveys for active nests should be conducted prior to groundbreaking. All migratory birds are protected under the Migratory Bird Treaty Act and removal or disturbance of any migratory bird's nest would require consultation with USFWS and CPW prior to disturbance. • Avoid sediments or chemicals from entering Sidney Draw or its crossed tributaries through strict adherence to the county's Storm Water Management Plan. Therefore, CPW recommends that every effort is made to minimize impact to any stream bed and to control erosion and sediments, both during construction and after, and to treat any stream bed as a stream crossing - whether or not water is present at the time of construction. CPW further recommends crossing any tributary with a defined bed and bank (vs. a swale) at a perpendicular angle, in order to reduce impacts to downstream natural resources, as well as spanning the corridors with structures located outside the stream banks. • Revegetation is monitored for at least 3 years to obtain at least 80% native species, and a noxious weed management plan is developed and implemented. • CPW also has included various other Wind Facility BMPs (located in Attachment B) for the Applicant and County to consider. 1 https://cpw.state.co.us/Documents/WildlifeSpecies/LivingWithWildlife/RaptorBufferGuidelines20D8.pdf 2 https://cpw.state.co.us/Documents/WildlifeSpecies/LivingWithWildlife/RecommendedSurveyowls.pdf CPW would like to thank Weld County for the opportunity to comment during the 1041 permitting process for this Project. We would appreciate continued dialogue and communication from the Applicant and/or County regarding any Project changes to the layout and/or the timing of construction. CPW additionally requests the opportunity to provide additional comments and recommendations when the wildlife survey data for the site are made available for our review. If the County or Applicant has questions or comments regarding this letter, please contact Troy Florian, District Wildlife Manager at (970) 443-1993 or troy.florian@state.co.us Sincerely, Ty Petersburg Area 4 Wildlife Manager Cc: Brandon Marette, CPW's Northeast Region Energy Liaison Dr. J. Creed Clayton, U.S. Fish and Wildlife Service Mike Sherman, CPW's Area 4 Raptor Biologist Shannon Schaller, CPW's Northeast Region Senior Wildlife Biologist Tom Kroening, CPW's Northeast Deputy Regional Manager Troy Florian, CPW's District Wildlife Manager (Eaton/North Pawnee) Wendy Figueroa, CPW's Area 4 Wildlife Biologist Attachments: • Attachment A - CPW Signed County Referral Page • Attachment B - CPW's Wind BMPs Submit by Email Weld County Referral February 15, 2019 The Weld County Department of Planning Services has received the following item for review. Applicant: Leeward Renewable Energy Development Case Number. USR19-0014 LLC Please Reply By: March 15, 2019 Planner: Chris 3athrnan Project: A Site Specific Development Plan and Use by Special Review Permit for a 1041 Major Facility of a Public Utility (A Wind Energy Facility for up to 350 megawatts (MW), along with 1 (one) 230 -kilovolt (kV) transmission fine approximately 11 mites in length and one (1) 115 kilovolt (kV) transmission line approximately 15 miles in length, two (2) electrical substations, two (2) temporary layttown yards and two (2) concrete batch plants along with up to seven (7) temporary construction trailers to be utilized during construction of the facilities, and six (6) metorologlcel towers in the A (Agricultural) Zone District Location: The Wind Energy Facitity and Transmission Lines {and associated facilities) are located on 43,570 acres immediately south of and adjacent to the Wyoming/Nebraska state line, to the east of County Road 99, North of County Road 118 and West of County Road 135. Parcel Number: Multiple Parcels Legal: The proposed facility is located in the SE4, S2NE4, E2SW4, Lots 1-3, Lots 6-7 in Section 6, E2. E2W2, Lots 1-4 in Section 7, NW4, N25W4, SE4SW4 and a portion of 5W4SW4 of Section 8, located in TON, RSSW; the 8232, NW4SW4, NE4SE4, 32. Lots 1-4 in Section 1, T10N, R59W; 8W4, S2NW4, Lots 3-4 in Section 2, 82, 82N2, Lots 14 in Section 3, located in T10N, R60W; 52N2, Lots 1-4 in Section 1, S2NW4, Lots 3-4 in Section 3, 32, 32N2, Lots 1-4 In Section 4, S2, S2N2, Lots 1-4 in Section 5, SE4, 52NE4, E2SW4, SE4NW4, Lots 1-7 in Section 6, E2, E2W2, Lots 1-4 in Section 7, All of Section 9, S2 of Section 10, E2, E2W2. Lots 1-4 in Section 19, E2, E2W2, Lots 1-4 in Section 30, E2, E2W2, Lots 1-4 in Section 31, Located in T11 N, R58V; $2, 52N2, Lois 1-4 in Section 1, 82 of Section 2, $2, 32N2. Lots 1-4 in Section 3, 52, 52N2, Lots 1-4 in Section 4. 32, 32N2, Lots 1-4 in Section 5. NE4, E2W2, Lots 1-4 in Section 7, All of Sections 8-10, N2 of Section 11, All of Section 12, All of Section 15, All of Section 17, E2, E2W2, Lots 1-4 in Section 15, E2, E2W2, Lots 1-4 in Section 19, W2 of Section 20, All of Sections 22-25, N2, SW4 in Section 29. All of Section 36, Located in T11N, R59W; All of Section 13, 82 of Section 14, All of Sections 23-24, W2 of Section 25, N2, SW4, N25E4, 5W45E4, Portions of SE2SE2 in Section 26, W2 of Section 35, located in TUN, REM; 554, E2SW4, Lots 1-4 in Section 19, 32, Lots 1-2 in Section 20, SW4, Lot 2 in Section 21, All of Section 25, 32 of Section 26, 32 of Section 27, All of Section 29, All of Sections 32-36, in T12N, R58W; SE4, S2NE4, E2SW4, SE4NW4, Lots 1-7 in Section 19, 52, 52N2, Lots 1-4 In Section 20, 52, S2NW4, Lots 3-4 in Section 21, S2, S2N2, Lots 1-4 in Section 22, 52, 82N2, Lots 1-4, in Section 24, 52 of Section 26, All of Section 27, W2 of Section 28, E2 of Section 29, E2, E2W2, Lots 1-4 in Section 30, E2, E2W2, Lots 1-4 in Sections 31, All of Section 32, All of Sections 34-35, located in T12N. R59W; 32, S2N2, Lots 1-4 in Section 22, SW4, 52N2, Lots 1-4 in Section 23, 52N54, Lots 1-4 in Section 24, All of Sections 25-27, located in T12N, R6OW of the 6th P.M., Weld County, Colorado. Weld County Planping Dept_ 1555 N 17ihAve, Greeley CD. 80631 {97C 400.6100 {970) 304-5495 fax Page 2 of 2 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may he deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request, Please note that new Information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. O We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Agency Date ./1 f I N Id County Planning Dept, 1555 N 17th Ave. Greeley. Co. 50621 (970) 400-6100 (970) 304.6498 fax COLORADO PARKS & WILDLIFE 6060 Broadway + Denver, Colorado 80216 Phone (303) 297-1192 ' FAX (303) 291-7109 wildlife.state.co.us + parks.state.co.us APPENDIX A Colorado Parks and Wildlife's Best Management Practices for Wind Farm Development. 1. Assessment of Potential Adverse Effects. In collecting information for a new wind farm CPW recommends the use and utilization of a `tiered' approach to project development as established in the U.S. Fish and Wildlife Service Land -Based Wind Energy Guidelines (2012) to quantify risks of developments to species of concern and their habitats. As designed, the tiered approach is an iterative decision -making process for collecting information and quantifying risks to species. The process includes, a) preliminary site evaluation / screening, b) a broad site characterization, c) sufficient field studies to document wildlife and habitat and predict impacts, d) post -construction studies to estimate impacts, and e) other post - construction studies and research. This document may be found at http://www.fws.gov 2. Alignment and Compliance with Colorado PUC Rule 3668 -Environmental Impacts. For eligible energy resources, CPW recommends that new renewable energy projects align with and closely follow CPUC Rule 3668 in conducting wildlife surveys and in using these surveys to avoid, minimize and mitigate potential impacts to wildlife and their habitats, and work closely with CPW in the design of their project. 3. Avoiding/Minimizing Impacts. In selecting sites for construction, focus on options that avoid critical wildlife habitats, over the use of mitigation strategies. Areas that exhibit high levels of wildlife use within this project area would benefit greatly by not placing facility infrastructure, including transmission lines, adjacent to or over such areas. Locally, micro - siting of turbines and infrastructure might be effective in minimizing losses to habitat and wildlife. If all options for avoiding impacts are taken and prove insufficient, then mitigation strategies should be identified and implemented. 4. Study Protocols. Consult with CPW for review and comment on wildlife and habitat survey protocol, including monitoring locations, before the protocol is finalized. It is recommended that pre -construction and construction/ post -construction monitoring be conducted using similar methods, so that valid comparisons can be made. The recommended length of study for both pre and post -construction surveys is 1 year. CPW requests the opportunity to comment on baseline or impact surveys, as well as amendments made to infrastructure/facility placement, county permit requirements or recommendations. CPW encourages developers to be proactive in bringing plans for additional phases or developments to our attention prior to establishing infrastructure placement and routing, in the hope that proactive, cooperative efforts will identify concerns early in the project so that they may be appropriately addressed. 5. Access / Monitoring. Provide CPW with pre -construction and post -construction reports with all forms of raw data collected at onset, during, and post construction surveys. It is recommended that all research data (observed, written, recorded, GPS files, etc.) collected be STATE OF COLORADO John W. Hickenlooper, Governor. Mike King, Executive Director, Department of Natural Resources Rick D. Cables, Director, Colorado Parks and Wildlife Parks and Wildlife Commission: David R. Brougham • Gary Butterworth, Vice -Chair. Chris Castilian Dorothea Farris • Tim Glenn, Chair • Allan Jones • Bill Kane • Gaspar Perricone • Jim Pribyl • John Singletary Mark Smith, Secretary . Robert Streeter . Lenna Watson . Dean Wingfield Ex Officio Members: Mike King and John Salazar accessible and provided to CPW's District Wildlife Managers and biologists in a timely manner. 6. Construction and Operational Considerations. During construction and operations, limit vehicle speeds to 25 mph on project roads. During operations, limit on -site visit frequency and duration by service personnel, especially during critical nesting time, to minimize impacts to wildlife. Educate personnel on wildlife issues, such as where species might be found, and at what time of day. During the operational phase, train staff in documenting wildlife mortalities and notifying local wildlife officials in a timely manner. 7. Reclamation and Decommissioning. Reclaim areas disturbed by construction. The width of access roads can be reduced after construction of the turbines. Areas should be reclaimed with seed for native vegetation. Develop long-term decommissioning and reclamation plans in the event that it is decided to decommission any infrastructure of the facility. Decommissioning plans should include (but not limited to) timing of decommissioning individual or project wide infrastructure and plans to reclaim areas back to pre -construction conditions. 8. Hunting. At the landowner's discretion, hunting should be allowed to continue within and adjacent to the project area. It is recommended that traditional uses of the land, including hunting, not be prohibited as a condition of the lease by the project proponent after construction at the site is completed. Colorado wildlife statutes prohibit landowners from claiming game damage reimbursements due to hunting restrictions on their property. Hunting restrictions further burden the state's ability to manage wildlife populations; exacerbating state/landowner relationships and increasing forage conflicts. 9. Weed Management. Noxious weeds reduce or destroy wildlife habitat. Actively eradicate noxious weeds, and develop and implement a noxious weed and re -vegetation management plan where there will be disturbance due to construction or maintenance activities. Clean equipment when it is moved from site to site to remove weed seeds even if no weeds are recognized. The applicant may wish to contact the County Weed Inspector to facilitate development of reclamation and weed management plans for the facility. 10. Livestock Fencing. Use wildlife -friendly fencing to prevent harm or fatalities to wildlife. Fencing should allow free passage of wildlife, incorporating three or four strand fencing with a bottom strand height of 16 inches and a maximum top strand height of 42 inches, along with installation of double stays between posts. Chain link and mesh fencing should be kept to a minimum and used only to protect facilities where security is required. Substation fencing should be built according to and meet applicable standards. 11. Wildlife Protection. The proposed wind energy project will be in an area that is rich in wildlife diversity and will span a variety of regionally unique habitat types. We recommend that sensitive wildlife species and critical habitat features be identified and buffered when considering infrastructure placement and operation, especially during critical nesting periods. We suggest that as more detailed planning occurs, you continue to contact CPW representatives to determine specific sensitive areas for each of these species. STATE OF COLORADO John W. Hickenlooper, Governor • Mike King, Executive Director, Department of Natural Resources Rick D. Cables, Director, Colorado Parks and Wildlife Parks and Wildlife Commission: David R. Brougham • Gary Butterworth, Vice -Chair • Chris Castilian Dorothea Farris • Tim Glenn, Chair • Allan Jones • Bill Kane • Gaspar Pentane • Jim Pribyl • John Singletary Mark Smith, Secretary • Robert Streeter • Lenna Watson • Dean Wingfield Ex Officio Members: Mike King and John Salazar (The species listed below are suggested as examples only. Your site may be different. ) o Greater prairie chicken. Use Colorado Parks and Wildlife surveys (recent and historic) for greater prairie chicken to site wind turbines and other infrastructure (including transmission lines) away from breeding and production areas. Greater prairie chickens are known to avoid areas of man-made disturbance; it is believed that they avoid tall structures, such as wind turbines, transmission towers, and buildings because they present possible perches for raptors. Roads contribute traffic noise and the possibility of collision. Such appurtenances could be a factor in the failure of nests and brood -rearing, and thus, appropriate setbacks are recommended. Setbacks for greater prairie chicken are 0.6 mi from leks and 2.2 mi from brood rearing habitat from March 1 through June 30. o Lesser prairie chicken. Use CPW surveys (recent and historic) for lesser prairie chicken to site wind turbines and other infrastructure (including transmission lines) away from breeding and production areas. Lesser prairie chickens are known to avoid areas of man-made disturbance; it is believed that they avoid tall structures, such as wind turbines, transmission towers, and buildings because they present possible perches for raptors. Roads contribute traffic noise and the possibility of collision. Such appurtenances could be a factor in the failure of nests and brood -rearing, and thus, appropriate setbacks are recommended. Setbacks for lesser prairie chicken are 0.6 mi from leks and 2.2 mi from brood rearing habitat from March 15 through June 15. o Plains sharp -tailed grouse. Use CPW surveys (recent and historic) for plains sharp - tailed grouse to site wind turbines and other infrastructure (including transmission lines) away from breeding and production areas. Plains sharp -tailed grouse are known to avoid areas of man-made disturbance; it is believed that they avoid tall structures, such as wind turbines, transmission towers, and buildings because they present possible perches for raptors. Roads contribute traffic noise and the possibility of collision. Such appurtenances could be a factor in the failure of nests and brood -rearing, and thus, appropriate setbacks are recommended. Setbacks for plains sharp -tailed grouse are 0.4 mi from leks and 1.25 mi from brood rearing habitat from March 1 through June 30. o Raptors. Identify raptor nests within the project area and implement an appropriate buffer from wind turbine and transmission lines. During nesting periods, observe timing stipulations for construction activities located near nests. Site turbines no less than 'A mile from all deciduous trees. Raptors are likely to use any trees or larger rock escarpments for nesting or perching. Prairie dog towns located in the project area also provide excellent shelter, feeding and nesting habitat for numerous resident and migratory raptors. By affording these areas a buffer when considering turbine placement, impacts to raptor species will be greatly reduced. CPW raptor guidelines for buffers are found in Appendix B. Only a subset of these raptors is expected to be found in the project area. STATE OF COLORADO John W. Hickenlooper, Governor • Mike King, Executive Director, Department of Natural Resources Rick D. Cables, Director, Colorado Parks and Wildlife Parks and Wildlife Commission: David R. Brougham • Gary Butterworth, Vice -Chair • Chris Castilian Dorothea Farris • Tim Glenn, Chair • Allan Jones • Bill Kane • Gaspar Pentane • Jim Pribyl • John Singletary Mark Smith, Secretary • Robert Streeter • Lenna Watson • Dean Wingfield Ex Officio Members: Mike King and John Salazar o Mountain plover and long billed curlew. Identify habitat and plover/curlew nests within the project area, and plan construction activity outside of critical nesting periods, April 1st through August 15 where these species are found. Mountain plovers can nest in short -grass prairie, dryland cultivated farms, and prairie dog towns; all of which are located on the project site. Long billed curlews can nest in short grass prairie. In a cooperative program, the CPW and Rocky Mountain Bird Observatory (RMBO) provide free services of biologists trained to detect plover activity on farm lands. (Mountain Plover and Long Billed Curlew are Colorado species of special concern) o Bats. Acoustic monitoring of bats is recommended with the monitoring device placed 30 to 50 meters above ground level of the MET tower. Acoustic monitoring is recommended for spring and fall seasons. Mist netting is recommended near water bodies where bats roost. It is recommended that all survey data collected be accessible and provided to CDOW. o Swift fox. Identify and avoid all maternal swift fox den sites. Swift fox live here year- round, breed, during December, and raise their young into the next fall. Any disturbance or destruction of dens from December 15th through August 15th would be detrimental to this species. It is recommended that swift fox surveys include daylight searches for den areas and nighttime spotlight searches during August and September. Swift fox is a species of state and federal concern that lives in and around the proposed area. o Black -tailed prairie dogs. All prairie dog towns within and adjacent to the proposed project should be located prior to construction. If a prairie dog town falls within an unavoidable construction site, the town should be surveyed for other species, such as burrowing owls and mountain plover. (Burrowing Owls are a State Threatened Species) o Reptiles and amphibians. Identify critical reptile and amphibian habitat, including escarpments, ephemeral ponds, and wetlands, and avoid during construction and when siting infrastructure. With an increase in roads and traffic, reptiles and amphibians could be negatively impacted within the project area. The "construction and operational considerations" portion of this document should be considered. o Deer and pronghorn. The effects that wind turbine placement will have on mule deer and pronghorn are not well known, but studies suggest there is noticeable displacement from areas where there has been construction of roadways and increased service vehicle traffic. STATE OF COLORADO John W. Hickenlooper, Governor • Mike King, Executive Director, Department of Natural Resources Rick D. Cables, Director, Colorado Parks and Wildlife Parks and Wildlife Commission: David R. Brougham • Gary Butterworth, Vice -Chair • Chris Castilian Dorothea Farris • Tim Glenn, Chair • Allan Jones • Bill Kane • Gaspar Pentane • Jim Pribyl • John Singletary Mark Smith, Secretary • Robert Streeter • Lenna Watson • Dean Wingfield Ex Officio Members: Mike King and John Salazar Submit by Email Weld County Referral February 15, 2019 The Weld County Department of Planning Services has received the following item for review: Applicant: Leeward Renewable Energy Development Case Number: USR19-0014 LLC Please Reply By: March 15, 2019 Planner: Chris Gathman Project: A Site Specific Development Plan and Use by Special Review Permit for a 1041 Major Facility of a Public Utility (A Wind Energy Facility for up to 380 megawatts (MW), along with 1 (one) 230 -kilovolt (kV) transmission line approximately 11 miles in length and one (1) 115 kilovolt (kV) transmission line approximately 15 miles in length, two (2) electrical substations, two (2) temporary laydown yards and two (2) concrete batch plants along with up to seven (7) temporary construction trailers to be utilized during construction of the facilities, and six (6) metorological towers in the A (Agricultural) Zone District. Location: The Wind Energy Facility and Transmission Lines (and associated facilities) are located on 43,570 acres immediately south of and adjacent to the Wyoming/Nebraska state line, to the east of County Road 99, North of County Road 118 and West of County Road 135. Parcel Number: Multiple Parcels Legal: The proposed facility is located in the SE4, S2NE4, E2SW4, Lots 1-3, Lots 6-7 in Section 6, E2, E2W2, Lots 1-4 in Section 7, NW4, N2SW4, SE4SW4 and a portion of SW4SW4 of Section 8, located in T10N, R58W; the S2S2, NW4SW4, NE4SE4, S2, Lots 1-4 in Section 1, T10N, R59W; SW4, S2NW4, Lots 3-4 in Section 2, S2, S2N2, Lots 1-4 in Section 3, located in T10N, R60W; S2N2, Lots 1-4 in Section 1, S2NW4, Lots 3-4 in Section 3, S2, S2N2, Lots 1-4 in Section 4, S2, S2N2, Lots 1-4 in Section 5, SE4, S2NE4, E2SW4, SE4NW4, Lots 1-7 in Section 6, E2, E2W2, Lots 1-4 in Section 7, All of Section 9, S2 of Section 10, E2, E2W2, Lots 1-4 in Section 19, E2, E2W2, Lots 1-4 in Section 30, E2, E2W2, Lots 1-4 in Section 31, Located in T11 N, R58W; S2, S2N2, Lots 1-4 in Section 1, S2 of Section 2, S2, S2N2, Lots 1-4 in Section 3, S2, S2N2, Lots 1-4 in Section 4, S2, S2N2, Lots 1-4 in Section 5, NE4, E2W2, Lots 1-4 in Section 7, All of Sections 8-10, N2 of Section 11, All of Section 12, All of Section 15, All of Section 17, E2, E2W2, Lots 1-4 in Section 18, E2, E2W2, Lots 1-4 in Section 19, W2 of Section 20, All of Sections 22-25, N2, SW4 in Section 29, All of Section 36, Located in T11 N, R59W; All of Section 13, S2 of Section 14, All of Sections 23-24, W2 of Section 25, N2, SW4, N2SE4, SW4SE4, Portions of SE2SE2 in Section 26, W2 of Section 35, located in T11 N, R60W; SE4, E2SW4, Lots 1-4 in Section 19, S2, Lots 1-2 in Section 20, SW4, Lot 2 in Section 21, All of Section 25, S2 of Section 26, S2 of Section 27, All of Section 29, All of Sections 32-36, in T12N, R58W; SE4, S2NE4, E2SW4, SE4NW4, Lots 1-7 in Section 19, S2, S2N2, Lots 1-4 In Section 20, S2, S2NW4, Lots 3-4 in Section 21, S2, S2N2, Lots 1-4 in Section 22, S2, S2N2, Lots 1-4, in Section 24, S2 of Section 26, All of Section 27, W2 of Section 28, E2 of Section 29, E2, E2W2, Lots 1-4 in Section 30, E2, E2W2, Lots 1-4 in Sections 31, All of Section 32, All of Sections 34-36, located in T12N, R59W; S2, S2N2, Lots 1-4 in Section 22, SW4, S2N2, Lots 1-4 in Section 23, S2NE4, Lots 1-4 in Section 24, All of Sections 25-27, located in T12N, R60W of the 6th P.M., Weld County, Colorado. Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax Page 2 of 2 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does /does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Sarah Brucker, P.E. 03/07/2019 Signature Date Agency Colorado Division of Water Resources Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax COLORADO Division of Water Resources March 7, 2019 Chris Gathman Weld County Department of Planning Services Transmission via email: cgathman©weldgov.com Re: Mountain Breeze and Panorama Wind Energy Facility Case No. USR19-0014 T10N-T12N, R58W-R60W, 6th P.M. Water Division 1, Water District 64 Dear Mr. Gathman: We have reviewed the above referenced Site Specific Development Plan and Use by Special Review for the construction of a wind energy facility and transmission lines. The submitted material does not appear to qualify as a "subdivision" as defined in Section 30-28-101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office will only perform a cursory review of the referral information and provide comments. The comments will not address the adequacy of the water supply plan for this property or the ability of the water supply plan to satisfy any County regulations or requirements. The Mountain Breeze Wind Energy Facility and Panorama Wind Energy Facility will be located on 43,570 acres immediately south of and adjacent to the Wyoming/ Nebraska state line. The Facilities will disturb less than 5 percent of the total area. The new substation for Panorama is proposed to be located on 3.5 acres in the NE 1/4 and NW 1/4 of Section 5, Township 11 North, Range 59 West, 6th P.M. The new substation for Mountain Breeze is proposed to be located on 3.5 acres in the NE 1/4 of Section 5, Township 11 North, Range 58 West, 6th P.M. The existing Operations & Maintenance building currently used by the adjacent Cedar Creek I Wind Farm will also be used for Mountain Breeze Wind Energy Facility and Panorama Wind Energy Facility. The O&M building includes offices, storage, a kitchen, restrooms, and shop area. Water is supplied to the O&M building by an existing onsite well. During construction, there will be a peak of approximately 120 employees working at the site. Once the facility becomes operational, there will be 15-20 part-time, full-time, and/or contract employees onsite, in addition to the 30 existing employees at the Cedar Creek I Wind Farm. If required, Cedar Creek I will expand their existing facilities to accommodate the increase in operation employees. Well permit no. 271293 allows the use of up to '/3 acre-foot (108,600 gallons) of water per year for use in drinking and sanitary facilities in a commercial business. At the time the permit was issued, water demands were estimated at 97,500 gallons per year, based on 25 employees requiring 15 gallons per person per day working 260 days per year. Extrapolating the same water requirements to the proposed new total of 45-50 employees, water demands would equal 175,500-195,000 gallons per year, exceeding the '/3 acre-foot per year limitation for an exempt well. The applicant will needs to provide evidence that the existing well will be able to meet the water requirements of this 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/ water Jared Pol is, Governor Dan Gibbs, Executive Director I Kevin G. Rein, State Engineer/Director • Mountain Breeze and Panorama Wind Energy Facility Case No. USR19-0014 March 7, 2019 Page 2 of 2 project while remaining in compliance with its permitted terms and conditions. Such evidence may include a revised water demand calculation, which may take into account the number of part-time or other non -full time employees, low flow facilities, the use of bottled water for drinking, or other factors not apparent from the information currently available to this office, or meter readings of actual water use at the facility, scaled up for the proposed expansion of use. If the applicant is unable to demonstrate that the use of the well will not exceed 1/3 acre-foot per year, they will need to obtain an alternative or supplemental water supply source. If required by Weld County, storm water runoff associated with the increase in impervious area of the new substations will be conveyed to onsite detention ponds. The applicant should be aware that, pursuant to Colorado Senate Bill 15-212, storm water facilities must meet specific criteria to prevent them from being administered by the Office of the State Engineer as detailed in Section 37-92-602(8), C.R.S. The detention pond(s) must be operated solely for storm water management and be subject to oversight by a governmental entity (i.e., required as part of a permitting process). Further, it must release or infiltrate at least 97 percent of all of the water from a rainfall event that is equal to or less than a five-year storm within 72 hours of the end the rainfall event. Water detained from rainfall events greater than five-year storms should be released as quickly as practicable, not to exceed the release or infiltration of 99 percent of all water within 120 hours of the end of the rainfall event. The detention pond must operate passively, not expose ground water, and not subject the storm water runoff to any active treatment process. In addition, for detention facilities constructed after August 5, 2015, the operator must submit notice of the proposed detention facility to the Substitute Water Supply Plan Notification List. Urban Drainage and Flood Control has created a notification portal that operators can use to satisfy this requirement: https:/ / maperture.digitaldataservices.com/ gvh/ ?viewer=cswdif. Should you or the applicant have any questions, please contact me at this office. Sincerely, Sarah Brucker, P.E. Water Resources Engineer Cc: Applicant (John Wycherley, Leeward Energy, john. wycherleya,leewardenergy.corn) Well permit file no. 271293 Referral file no. 25857 Hello