HomeMy WebLinkAbout20191867.tiffRESOLUTION
RE: APPROVE 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) TEMPORARY 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
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 22nd day
of May, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Leeward Renewable Energy Development, LLC, 6688 N. Central Expressway,
Suite 500, Dallas, Texas 75206, 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) temporary
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, on the following described real estate, being more particularly described as follows:
The proposed facility is located in Sections 6, 7, and
8, Township 10 North, Range 58 West; Section 1,
Township 10 North, Range 59 West; Sections 2 and
3, Township 10 North, Range 60 West; Sections 1,
3, 4, 5, 6, 7, 9, 10, 19, 30, and 31, Township 11
North, Range 58 West; Sections 1, 2, 3, 4, 5, 7, 8, 9,
10, 11, 12, 15, 17, 18, 19, 20, 22, 23, 24, 25, 29, and
36, Township 11 North, Range 59 West; Sections
13, 14, 23, 24, 25, 26, and 35, Township 11 North,
Range 60 West; Sections 19, 20, 21, 25, 26, 27, 29,
32, 33, 34, 35, and 36, Township 12 North, Range
58 West; Sections 19, 20, 21, 22, 24, 26, 27, 28, 29,
30, 31, 32, 34, 35, and 36, Township 12 North,
Range 59 West; and Sections 22, 23, 24, 25, 26, and
27, Township 12 North, Range 60 West of the 6th
P.M., Weld County, Colorado
WHEREAS, at said hearing, the Board deemed it advisable to continue the Matter to
June 10, 2019, to allow for proper notice and public testimony.
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WHEREAS, at said hearing, the applicant was represented by John Wycherley, Leeward
Energy, 6688 North Central expressway, Suite 500, Dallas, Texas 75206, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 21-3-340.A of the Weld County Code as follows:
A. Section 21-3-340.A.1 — The health, welfare and safety of the citizens of the
County will be protected and served. The proposed Wind Energy and
Transmission Facility is in a rural area near similar wind facilities approved
under USR-1562, USR-1563, and USR-1723. The Weld County Sheriff's
Office indicated no concerns in their referral dated February 14, 2019. No
referral response has been received from the Pawnee Fire Protection
District, New Raymer Stoneham Fire Protection District, or the Weld
County Office of Emergency Management. Only approximately
5 percent (5%) of the site within the boundaries of the 43,000 -acre USR
will be developed with wind turbines and transmission structure. Farming
and grazing activities can continue up to the base of the wind turbine
facilities. The proposed facility design will incorporate setback standards
from existing military silos, external permit boundaries, maintained public
rights -of -way and residential homes to avoid impacts to residences and
existing Department of Defense operations.
B. Section 21-3-340.A.2 —The natural and socio-economic environment of the
County will be protected and enhanced. The applicant conducted a
preliminary inventory of wildlife habitat and cultural resources, prior to
submittal of the application, and these documents are included with the
application submittal. The proposed Transmission Line will span wetland
areas and avoidance measures will be implemented during construction to
avoid sensitive wildlife impacts, such as raptors and migratory bird nests.
C. Section 21-3-340.A.3 — All reasonable alternatives to the proposed action,
including use of existing rights -of -way and joint use of rights -of -way
wherever uses are compatible, have been adequately assessed and the
proposed action is compatible with and represents the best interests of the
people of the County and represents a fair and reasonable utilization of
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resources in the impact area. The applicant analyzed three (3) potential
routes for the Mountain Breeze Wind Energy Transmission Line and
analyzed two (2) potential routes for the Panorama Wind Energy
Transmission Line. According to the application, the preferred alternative
for Mountain Breeze and Panorama were selected based on
interconnection considerations, land acquisition considerations, avoidance
of environmental resources, and avoidance of other facilities (existing
military and utility facilities).
D. Section 21-3-340.A.4 — A satisfactory program to mitigate and minimize
adverse impacts has been presented. The applicant analyzed three (3)
potential routes for the Mountain Breeze Wind Energy Transmission line
and analyzed two (2) potential routes for the Panorama Wind Energy
Transmission line. The application also indicates transmission facility
routes were determined based on shortest length between the project and
the existing substation(s), buffers surrounding the existing Cedar Creek I
and II wind turbines, buffers surrounding existing buildings and residences,
buffers surrounding military infrastructure and coordination with Colorado
Parks and Wildlife to avoid sensitive wildlife species. Regarding the siting
of wind turbines, the application indicates approximately seven (7)
alternative locations (depending on the turbine model selected) were
reviewed. Changes to wind turbine layout could be caused by geotechnical
conditions, environmental conditions, wildlife habitat, landowner
requirements, and other reasons. The applicant has conducted research of
cultural records, threatened and endangered species research, wetland
data, floodplain data, and other data sources. Input from Colorado Parks
and Wildlife, U.S. Fish and Wildlife, Army Corps of Engineers, Fire Districts,
U.S. Air Force, U.S. Forest Service and other agencies and organizations
were also incorporated into the siting of the wind turbines.
E. Section 21-3-340.A.5 — The nature and location or expansion of the facility
complies with all applicable provisions of the master plan of this County,
and other applicable regional, metropolitan, state and national plans.
1) Section 22-5-140.A (AE.Goal 1) states: "Support and encourage
research, development and use of alternative energy resources.
Wind energy is considered an alternative energy resource."
2) Section 22-5-140.A.3 (AE.Policy 1.3) states: "Support the
commercial development and use of wind energy." The applicant is
proposing a Commercial Wind Energy Facility that will generate up
to 370 MW of electricity.
F. Section 21-3-340.A.6 — The nature and location or expansion of the facility
does not unduly or unreasonably impact existing community services. The
project will employ over one hundred twenty (120) employees during
construction of the facility. Approximately 45-60 full-time positions between
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this proposed facility and the Cedar Creek I facility will be employed
through the operating life of the project. An Improvements and Road
Maintenance Agreement is required as a Condition of Approval to address
impacts to County roads during construction of the facility.
G. Section 21-3-340.A.7 — The nature and location or expansion of the facility
will not create an expansion of the demand for government services
beyond the reasonable capacity of the community or region to provide such
services, as determined by the Board of County Commissioners. The
proposed facility will not result in an increase in services such as water or
sewer/septic. A Road Maintenance Agreement is a Condition of Approval
for this case to address any temporary impacts to County roads that are
created by the construction of this transmission lines and wind turbines.
The transmission lines and turbines are to be in a rural area and will not be
near existing residences or County roads. The application indicates that a
remote fire department facility with an upgraded water system was built
near Cedar Creek I. The application also indicates that safety equipment
will be on -hand and turbine coordinates will be available in the event a
helicopter needs to land onsite. No referral comments have been received
from either the Pawnee or New Raymer Stoneham Fire Districts.
H. Section 21-3-340.A.8 — The facility site or expansion area is not in an area
with general meteorological and climatological conditions which would
unreasonably interfere with or obstruct normal operations and
maintenance. The proposed transmission lines and wind turbines will be
designed to withstand the meteorological and climatological conditions in
the area.
Section 21-3-340.A.9 — The nature and location of the facility or expansion
will not adversely affect the water rights of any upstream, downstream or
agricultural users, adjacent communities or other water users. The
applicant has indicated that, based on their research, no known waters of
the U.S. are mapped in areas that will be impacted by the proposed
facilities. A preliminary drainage report was submitted with the application
and a finalized drainage report and certificate of compliance is required
prior to recording the USR map. A Storm Water Management Plan (SWMP)
plan will be implemented by the applicant to address erosion and
sedimentation and to minimize impacts to surface waters.
J. Section 21-3-340.A.10 — Adequate water supplies are available for facility
needs. The permanent facility is proposed to be served by an existing
commercial well and septic system located in the existing operations and
maintenance building that also is utilized by the Cedar Creek I facility. A
Condition of Approval is attached requiring the applicant to demonstrate
that the existing well has the capacity to serve this USR or provide evidence
of an alternative or supplemental water supply. Portable toilets will be
utilized during construction of the facility.
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K. Section 21-3-340.A.11 — The nature and location of the facility or expansion
will not unduly interfere with existing easements, rights -of -way, other
utilities, canals, mineral claims or roads. At the time of application submittal,
the applicant obtained leases from 100% of the property owners for both
the Mountain Breeze and Panorama wind facilities. At the same time,
leases have been obtained for 95% of Mountain Breeze and Panorama
transmission line routes. Utilities, oil and gas companies in the area, and
mineral interests have been notified. One mineral rights owner (CoBank)
submitted a letter commenting on the application and appeared before the
Planning Commission to comment on the project. The applicant has
reached an agreement with CoBank and CoBank has withdrawn their
objection to this application.
L. Section 21-3-340.A.12 —Adequate electric, gas, telephone, water, sewage,
and other utilities exist or shall be developed to service the site. This facility
is proposed to be served by an existing operations and maintenance
building, originally approved under USR-1563.
M. Section 21-3-340.A.13 — The nature and location for expansion of the
facility will not unduly interfere with any significant wildlife habitat or
adversely affect any endangered wildlife species, unique natural resource
or historic landmark within the impact area. The applicant has had
extensive discussions and contact with representatives with the United
States Fish and Wildlife Service (USFWS) and Colorado Parks and Wildlife
(CPW) since contacting these agencies via letter in May 2017. The
applicant is proposing measures to mitigate potential impacts to wildlife,
including:
1) A presence/absence survey will be conducted for Mountain Plovers
prior to construction.
2) If construction occurs during nesting season, additional raptor nest
surveys will be conducted prior to construction to confirm locations
and species nesting in the area. Construction timing constraints
near active nests will be implemented whenever feasible to avoid
disturbance to nesting raptors. The applicant indicates that they will
coordinate with the USFWS, if it is determined, if construction
activities could impact the productivity of a golden eagle nest.
3) The applicant has agreed to a conservation easement for the life of
the project in the core lekking area for the Plains Sharp -Tailed
Grouse (PSTG). This will comprise approximately 600 acres.
Colorado Parks and Wildlife, in their referral dated March 15, 2019,
had a number of comments and concerns, and recommended a
number of measures including, but not limited to: steps to limit
impacts on PSTG, consulting with USFWS to ensure compliance
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with the Migratory Bird Treaty Act and Bald and Golden Eagle Act,
avoiding sediment from Sidney Draw or its crossed tributaries
through adherence to the approved SWMP plan, monitor
revegetation for at least three (3) years, and the implementation of
a noxious weed management plan. The applicant prepared and
submitted a Cultural Resources Desktop Survey with the USR
application. The application indicates that the applicant will prepare
a Class III Cultural Resources Survey prior to construction. No
referral response has been received from History Colorado
regarding this application.
N. Section 21-3-340.A.14 — The nature and location or expansion of the
facility, including expected growth and development related to the
operation and provision of service, will not significantly deteriorate water or
air quality in the impact area. The application indicates that the applicant
will submit a Dust Control Plan to the Weld County Department of Public
Health and Environment for review. The transmission structures will be
designed to accommodate the geotechnical and soil conditions in the area.
Air Pollution Emission Notice permits will be obtained for the concrete batch
plant and land development activities will be provided prior to construction.
The applicant will submit a SWMP permit to prevent and/or minimize
erosion and drainage discharges from the construction site. These
mitigations will include the use of stormwater retention ponds,
sedimentation control measures, and covering of exposed soils.
O. Section 21-3-340.A.15 — The geological and topographic features of the
site are adequate for all construction, clearing, grading, drainage,
vegetation and other needs of the facility construction or expansion. The
application indicates that the wind turbines and project facilities will
predominately be located on the relatively flat highland areas. Steep slopes
and escarpments will be avoided to the extent practicable. A geotechnical
analysis of the construction area will be completed prior to obtaining
building permits.
P. Section 21-3-340.A.16 — The existing water quality of affected state waters
will not be degraded below state and federal standards or established
baseline levels. The application indicates that the turbines will be located
outside of existing stream channels, drainage, and ditches. The
transmission lines will span all stream channels. Erosion and sediment
control measures will be implemented through the SWMP permit to
minimize water quality impacts during construction of the facility. The
applicant also indicates that they will be preparing a Spill Prevention,
Control and Countermeasure (SPCC) Plan and Hazardous Materials
Management Plan.
Q. Section 21-3-340.A.17 — The proposed project will not have a significantly
adverse net effect on the capacities or functioning of streams, lakes and
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reservoirs in the impact area, nor on the permeability, volume, recharge
capability and depth of aquifers in the impact area. No existing streams,
ditches, or drainages will be impacted by the proposed transmission line
and wind facility. If any stream crossings are required of roads to access
the site, appropriately sized culverts will be installed, and proper permits
shall be maintained. The applicant is proposing to utilize the existing well
for the operations and maintenance building, or an alternatively permitted
water source. Water for construction activities is proposed to be purchased
from a to -be -determined off -site source.
R. Section 21-3-340.A.18 — The benefits of the proposed developments
outweigh the losses of any natural resources or reduction of productivity of
agricultural lands as a result of the proposed development. The facility will
have minimal impact on agricultural land within the site. The application
indicates that less than five percent (5%) of the overall project (USR) site
will be disturbed. Only land around the wind turbines and wind structures
(along with the substations and additional access roads if required) will be
removed from production.
S. Section 21-3-340.A.19 — The applicant has obtained or will obtain all
property rights, permits, and approvals necessary for the proposed project,
including surface, mineral and water rights and easements for drainage,
disposal, utilities, access, etc. If the applicant has not obtained all
necessary property rights, permits and approvals, the Board may, at its
discretion, grant the permit conditioned upon completion of the acquisition
of such rights prior to issuance of a zoning or building permit by the County.
The application indicates that the applicant has acquired leases from 100%
of the landowners within the wind facility boundaries and that 95% of the
crossing easements have been obtained for the Mountain Breeze and
Panorama Transmission lines. Evidence that these easements have been
obtained, is a Condition of Approval of this application.
T Section 21-3-340.A.20 — The proposed project (nonlinear facilities) will not
present an unreasonable risk of exposure to or release of toxic or
hazardous substances within the impact area. The determination of effects
of the project shall include the following considerations: the means by
which outdoor storage facilities for fuel, raw materials, equipment, and
related items are adequately enclosed by a fence or wall, the likelihood of
hazardous materials or wastes being moved off the site by natural causes
or forces; and containment of flammable or explosive liquids, solids, or
gases. The application indicates that the only hazardous materials
associated with the facility are diesel fuel, gasoline coolant (ethylene glycol)
and lubrication for machinery parts. The application indicates that
construction and operations and maintenance activities will comply with all
local, state and federal laws.
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U. Section 21-3-340.A.21 — The scope and nature of the proposed project will
not unnecessarily duplicate existing services within the County. The
proposed Transmission Line will not duplicate existing services within the
county. The application indicates that the project is proposed to help supply
the demand in the region for additional renewable energy resources. The
demand for electricity continues to increase, due to continued growth and
development on the front range.
V. Section 21-3-340.A.22 — If the purpose and need for the proposed project
are to meet the needs of an increasing population within the County, the
area and community development plans and population trends
demonstrate clearly a need for such development. Significant growth and
development is continuing along the front range. A portion of this growth is
occurring in Weld County. The Colorado Electric Resource Plan for Public
Service Company of Colorado is designed to acquire approximately
615 -MW of additional generation capacity resources expected to be
needed through 2023. Approximately 565 -MW of demand is still needed to
fill. Additionally, other utilities in the region such as Tri-State Generation
and Transmission, Inc., and the Platte River Power Authority contribute to
demand. This project will assist in fulfilling these energy demands.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application 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) temporary 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, on the parcel of land described
above be, and hereby is, granted subject to the following conditions:
1. Due to the large geographic size of the permitted area, the applicant may submit
to the Department of Planning Services multiple maps for recording. The applicant
shall submit a vicinity map showing the full boundaries of the permitted areas with
the first detail map. No building permit or other work may commence without
recordation of an approved detail map covering the affected parcel.
2. Prior to recording the first map:
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.
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B. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the state of Colorado is
required.
C. The applicant shall submit a recorded copy of any agreement signed by all
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.
D. The applicant shall address the comments/requirements of the Colorado
Division of Water Resources, as stated in their referral dated March 7,
2019. Written evidence of such shall be provided to the Department of
Planning Services.
E. The applicant shall provide graphic and written documentation addressing
the location and identification of all public rights -of -way, existing and
proposed structures, utility easements, etcetera, per Section 21-3-330.B.4
of the Weld County Code. This document shall be prepared for recording
in the Clerk and Recorder's Office.
F. The applicant shall submit written evidence to the Department of Planning
Services that the Federal Aviation Administration (FAA) requirements have
been met for the facility.
G. The applicant shall provide written evidence to the Department of Planning
Services from the applicable Fire Protection Districts (Pawnee and
Raymer) that there is adequate access for emergency equipment and the
width, usually twenty (20) feet, is adequate and designed for appropriate
weight capacity.
H. The applicant shall provide written evidence to the Department of Planning
Services from the applicable Fire Protection Districts (Pawnee and
Raymer) that there is a coordinated plan in place for emergency
responders during construction of the facilities and a plan for post
construction activities. The applicant shall submit plot plans to the
applicable fire protection districts, for review and comment.
I. A subdivision exemption application shall be approved, and a subdivision
exemption plat shall be submitted for recording to the Department of
Planning Services for the Mountain Breeze substation site.
J. A subdivision exemption application shall be approved, and a subdivision
exemption plat shall be submitted for recording to the Department of
Planning Services for the Panorama substation site.
K. A copy of the signed and recorded (construction and post -construction)
lease agreements (or other acceptable authorization from property owner)
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for transmission line right-of-way (easements) shall be submitted to the
Department of Planning Services.
L. The applicant shall submit a Decommissioning Plan to the Department of
Planning Services, for review and approval, which shall include a provision
for collateral in a sufficient amount to ensure removal of all wind turbines
from the site upon cessation of wind generation operations.
M. The maps shall be amended to delineate the following, as applicable:
1) All sheets of the map shall be labeled USR19-0014.
2) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
3) The attached Development Standards.
4) The final location of the permanent 180 -foot Transmission Line
easement, with dimension of permanent rights -of -way, property
ownership, parcel numbers, all easements of record, and all
physical encumbrances.
5) 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.
6) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location(s) prior to construction.
7) 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.
8) The applicant shall show and label the approved tracking control on
the site plan.
9) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
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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.
10) The applicant shall show and label all minimum 30 -foot wide
accesses and utility easements to provide legal access to the
project on the site plan.
11) The applicant shall 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.
12) The applicant shall show and label the drainage flow arrows.
3. Prior to the release of Building Permits:
A. The proposed facility design will incorporate setback standards from
existing military silos, external permit boundaries, maintained public rights -
of -way and residential homes to avoid impacts to residences and existing
Department of Defense operations.
4. Prior to construction:
A. The applicant shall obtain all approved Access Permits.
B. The applicant shall construct the approved temporary tracking control.
C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
D. The applicant shall obtain overweight and/or overwidth special transport
permit(s) 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.
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H. The applicant shall submit a Traffic Control Plan for County review.
The applicant shall submit, for approval and recording, a detail map for the
portion of the project on which the improvements will be constructed.
4. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. The applicant shall
submit evidence of acceptance to the Department of Planning Services.
5. The applicant shall submit one (1) paper copy or one (1) electronic (.pdf) copy of
the map for preliminary approval to the Weld County Department of Planning
Services.
6. Upon completion of Conditions of Approval #1 and #2, above the applicant shall
submit a Mylar map or maps for those portions of the project to become
operational, along with all other documentation required as Conditions of Approval.
The Mylar map shall be recorded in the office of the Weld County Clerk and
Recorder by Department of Planning Services' Staff. The map shall be prepared
in accordance with the requirements of Section 23-2-390 of the Weld County Code.
The Mylar map and additional requirements shall be submitted within one hundred
twenty (120) days from the date of the Board of County Commissioners resolution.
The applicant shall be responsible for paying the recording fee.
7. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required one hundred twenty
(120) days from the date the Board of County Commissioners Resolution was
signed a $50.00 recording continuance charge may be added for each additional
three (3) month period.
8. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4).
(Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us.
9. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any building
or electrical permits be issued on the property, until the Use by Special Review
detail map covering the applicable portion of the project is ready to be recorded in
the office of the Weld County Clerk and Recorder.
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SPECIAL REVIEW PERMIT (USR19-0014) — LEEWARD RENEWABLE ENERGY
DEVELOPMENT, LLC
PAGE 13
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of June, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WE,JD COUNTY, COLORADO
ATTEST: dititiA) o%‘,k
Barbara Kirkmeyer,iChair
Weld County Clerk to the Board
BY:
- =
uty Cler o t oard
Mike Freeman, Pro-Tem
Sean,. I Conway
APPROVED AS TO FORM;
K. James
/-k3+. County Attorney
Steve Moreno
Date of signature: 6_7
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LEEWARD RENEWABLE ENERGY DEVELOPMENT, LLC
USR19-0014
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0014, is
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)
temporary 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan on or before March 15th of any given year signed by
representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services.
4. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Article I and II, of the Weld County Code.
5. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
6. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
7. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way Use Permit prior to commencement.
8. The property owner or operator shall comply with all requirements provided in the
executed Improvements Agreement.
9. The applicant shall adhere to the Decommissioning Plan.
10. The Improvements Agreement for this site may be reviewed on an annual basis, including
a site visit and possible updates.
11. 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.
12. The historical flow patterns and runoff amounts onsite will be maintained.
13. Weld County is not responsible for the maintenance of onsite drainage related features.
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DEVELOPMENT STANDARDS (USR19-0014) — LEEWARD RENEWABLE ENERGY
DEVELOPMENT, LLC
PAGE 2
14. 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.
15. 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.
16. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal
Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final
disposal in a manner that protects against surface and groundwater contamination.
17. 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, C.R.S. §30-20-100.5.
18. During construction, waste materials shall be handled, stored, and disposed of 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 I, of the Weld County Code.
19. 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.
20. 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 of the
Colorado Department of Public Health and Environment, as applicable.
21. During construction, adequate toilet facilities and handwashing units shall be provided.
Portable toilets are acceptable. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers and shall be screened from existing
residences within one-half mile and high volumes roads in consultation with the
Department of Public Works.
22. 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 fifteen (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 Onsite Wastewater
Treatment Systems.
23. 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.
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DEVELOPMENT STANDARDS (USR19-0014) — LEEWARD RENEWABLE ENERGY
DEVELOPMENT, LLC
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24. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone as set forth in C.R.S. §25-12-103, except the noise level shall adhere to the
Residential Zone as set forth in C.R.S. §25-12-103, for occupied residences as
determined in the Sound Study dated December 28, 2018, by Burns & McDonnell
Engineering Company, Inc.
25. 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.
26. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
27. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
28. In areas where sensitive historic, paleontological, or archeological resources are known
to occur, the applicant shall coordinate with the State Historic Preservation Office to
conduct on -site pre -construction surveys, or monitor during construction activities, to
minimize and/or avoid impacts to cultural resources.
29. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County -wide Road Impact Fee Program.
30. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
31. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
33. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
34. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
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35. The property owner or operator shall be responsible for complying with all the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
36. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
37. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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