HomeMy WebLinkAbout20191988.tiffHEARING CERTIFICATION
DOCKET NO. 2019-67.A
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR19-0014, FOR A 1041 MAJOR FACILITY OF A PUBLIC UTILITY (A WIND ENERGY
FACILITY FOR UP TO 380 MEGAWATTS (MW), ALONG WITH ONE (1)
230 KILOVOLT (KV) TRANSMISSION LINE APPROXIMATELY ELEVEN (11) MILES IN
LENGTH AND ONE (1) 115 KV TRANSMISSION LINE APPROXIMATELY FIFTEEN (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 THE
CONSTRUCTION OF THE FACILITIES AND SIX (6) METEOROLOGICAL TOWERS) IN
THE A (AGRICULTURAL) ZONE DISTRICT — LEEWARD RENEWABLE ENERGY
DEVELOPMENT, LLC
A public hearing was conducted on May 22, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Public Works Engineer representative, Mike McRoberts
Health Department representative, Lauren Light
The following business was transacted:
hereby certify that pursuant to a notice dated April 4, 2019, and duly published April 10,
2019, in the Greeley Tribune, a public hearing was conducted to consider the request of Leeward
Renewable Energy Development, LLC, for a Site Specific Development Plan and Use by Special
Review Permit, USR19-0014, for a 1041 Major Facility of a Public Utility (a wind energy facility for
up to 380 megawatts (MW), along with one (1) 230 kilovolt (kV) transmission line approximately
eleven (11) miles in length and one (1) 115 kV transmission line approximately fifteen (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 the
construction of the facilities and six (6) meteorological towers) in the A (Agricultural) Zone District.
Bob Choate, Assistant County Attorney, made this a matter of record.
El Mr. Choate explained there were four (4) sections omitted from the original legal description,
therefore, the application would need to be renoticed. He additionally explained, after discussion
with the applicant and County Attorney, it was deemed acceptable to hold the hearing presently,
and then continue the hearing until after the corrected notice is republished. He further clarified
all adjacent surrounding property owners (SPO) correct notice of the application.
Lc: PLCC.C2(TP), PcA_Icromii
2019-1988
PL2672
HEARING CERTIFICATION - LEEWARD RENEWABLE ENERGY DEVELOPMENT, LLC
(USR19-0014)
PAGE 2
Commissioner James stated his support to move forward, and in response to a question by
Commissioner James, Mr. Choate stated the change in the legal does not alter the validity of the
recommendation from the Planning Commission (PC). After additional clarification regarding
proper notice to SPOs and the continuance, the Board stated they would be in support of having
the hearing with the continuance to allow for proper notice publication.
ki John Wycherley, applicant, confirmed he understood the aforementioned process, and
agreed to continue under the circumstances.
Ei Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and provided the number of wind turbines. He indicated the site is the sole member of two (2)
subsidiaries, and explained the voltage of the project and its travel path. He further described the
details of the project and its structures, and presented images of the proposed use and all sites
involved. He mentioned a similar transmission line, reviewed the referral responses received,
reiterated the use of the facilities, and indicated farming and grazing can continue. He described
the design of the transmission line for minimal impacts, and stated the applicant would be
requesting changes to the Resolution due to setbacks. He described the line route, buffering, and
site locations, and stated the number of potential job opportunities the transmission line project
will provide. He described mitigations to protect wildlife, per the request of Colorado Parks and
Wildlife (CPAW) and the United States Fish and Wildlife Service. Mr. Gathman mentioned the
surveys that have been completed and the ones that still need to be completed, and reviewed
additional referrals. He presented additional images and in response to Commissioner Conway,
Mr. Gathman confirmed the batch plants are temporary during the construction period and
referred any additional, specific questions to the applicant. He further clarified the batch plants
included in the application description, and Chair Kirkmeyer requested adding "temporary" to the
description. In response to Commissioner Moreno, Mr. Gathman clarified turbine information and
further directed the question to the applicant.
Mike McRoberts, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements, and explained access to the site will primarily be on
existing access roads. He further stated new roads will be created during construction, when
necessary. He explained the engineering design is ongoing and the site layout is indicative and
subject to change, and once finalized, documentation will be submitted detailing impacted
rights -of -way and all accesses required. Mr. McRoberts indicated temporary tracking control will
be required at all access points and an Improvements Agreement will be required for on- and
off -site improvements and road maintenance. Lastly, he presented the drainage and grading
requirements.
El Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stated portable toilets and bottled water are acceptable, and explained the use of the
existing Cedar Creek building and the existing commercial well. She reviewed the noise level
requirements per the noise study completed by the applicant, indicated odor should not be an
issue and Development Standards (DS) #15-26 address Environmental Health (EH) items.
2019-1988
PL2672
HEARING CERTIFICATION - LEEWARD RENEWABLE ENERGY DEVELOPMENT, LLC
(USR19-0014)
PAGE 3
el Mr. Wycherley explained the company's history and present operating information. He
mentioned the site location and described the wattage, project length, landscaping, and displayed
and described the site topography. He explained the dynamic of the Leeward organization,
described the details of the turbines, and mentioned the study process of the project. Mr.
Wycherley indicated the transmission line involves approximately 20,000 acres, mentioned an
adjacent powerline, and described the studies and agreements that have and have not yet been
completed. He explained how existing buildings will be utilized and mentioned the locations of the
new facilities. He reiterated the mitigation to protect wildlife and clarified the conservation
easement will not be permanent. He presented the benefits of the facility and displayed and
described the project schedule. He stated the 1041 requirements for Federal Emergency
Management Agency (FEMA), Colorado Department of Transportation (CDOT), CPAW, and
Colorado Department of Architecture.
e In response to Commissioner Moreno, Mr. Wycherley clarified the temporary use, including
the batch plant and the employment for the site. In response to Commissioner Conway, Mr.
Wycherley confirmed "PSCO", referred to by the applicant, was Public Service Company and
explained who the customers of the project will be.
• Kevin Hahn, SPO, spoke on behalf of his family in support of the application. He reviewed
the benefits to having a "windfarm" and provided his personal experience with the industry.
El In response to Chair Kirkmeyer, Esther Gesick, Clerk to the Board, provided dates for the
continuance and after further discussion, the Board agreed to June 10, 2019. In response to Chair
Kirkmeyer, the applicant agreed to June 10, 2019, as a continuance date.
• Commissioner Conway moved to continue the request of Leeward Renewable Energy
Development, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR19-0014, for a 1041 Major Facility of a Public Utility (a wind energy facility for up to 380
megawatts (MW), along with one (1) 230 kilovolt (kV) transmission line approximately eleven (11)
miles in length and one (1) 115 kV transmission line approximately fifteen (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 the construction of
the facilities and six (6) meteorological towers) in the A (Agricultural) Zone District, to
June 10, 2019, at 9:00 a.m., to allow for proper notice and public testimony. The motion was
seconded by Commissioner Moreno, and it carried unanimously. There being no further
discussion, the hearing was completed at 12:07 p.m.
2019-1988
PL2672
HEARING CERTIFICATION - LEEWARD RENEWABLE ENERGY DEVELOPMENT, LLC
(USR19-0014)
PAGE 4
This Certification was approved on the 29th day of May, 2019.
BOARD OF COUNTY COMMISSIONERS
ATTEST: dddilo `e ,
Weld County Clerk to the Board
ounty attorney
Date of signature: 0(010'70( (9
WELD COUNTY, COLe)RADO
arbara Kirkmeyer, Chair
Mike Freeman, Pro-Tem
Steve Moreno
.2�
2019-1988
PL2672
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