HomeMy WebLinkAbout20191869.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Chris Gathman
Case Number: USR19-0014 Hearing Date: May 7, 2019
Applicant: Leeward Renewable Energy Development, LLC
Address: 6688 N. Central Expressway, Suite 500, Dallas, TX 75206
Request: 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 370 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, six (6) meteorological towers, 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
construction of the facilities) in the A (Agricultural) Zone District.
Legal Description:
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 Township 10 North, Range 58 West;
the S2S2, NW4SW4, NE4SE4, S2, Lots 1-4 in Section 1 Township 10 North
Range 59 West; SW4, S2NW4, Lots 3-4 in Section 2, S2, S2N2, Lots 1-4 in
Section 3, located in Township 10 North, Range 60 West; 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 Section 11 North, Range 58 West; 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 Township 11 North, Range 59 West; 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 Township 11
North, Range 60 West; 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 Township 12 North, Range
58 West; 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
Township 12 North, Range 59 West; 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 Township 12 North, Range 60 West.
USR19-0014, page 1
Leeward Renewable Energy Development, LLC
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 Numbers: Multiple
Size of Project: Approx. 43,570 acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Chapter 21 of the Weld County Code
The Department of Planning Services' staff has received responses with comments from the following
agencies:
•
•
Weld County Department of Public Works, referral dated March 14, 2019
Colorado Parks and Wildlife, referral dated March 15, 2019
Weld County Department of Public Health and Environment, referral dated March 12, 2019
Colorado Division of Water Resources, referral dated 3/7/2019
The Department of Planning Services' staff has received responses without comments from the following
agencies:
• Weld County Zoning Compliance, referral dated February 27, 2019
• USDA Natural Resource Conservation Service, referral dated February 19, 2019
• City of Northglenn, referral dated February 19, 2019
• Colorado Department of Transportation, referral dated March 26, 2019
• Weld County Building Inspection, referral dated April 17, 2019
The Department of Planning Services' has not received responses from the following agencies:
Emergency Management Office
Federal Communications Commission
Federal Aviation Administration
Weld County Office of Emergency Management
Public Safety Wireless Communications Manager
Colorado Historical Society (History Colorado)
Weld County Sheriff's Office
United States Army Corps of Engineers
US Army Corps of Engineers
Kimball County, Nebraska
Laramie County, Wyoming
Pawnee Fire District
Raymer Fire District
School District RE -11J
School District RE -12
High West Energy
Century Link
North Weld County Water District
ONEOK, Inc.
Cedar Creek Wind Energy, LLC
United States Fish and Wildlife Service
Department of Defense — Frances E. Warren Airforce Base
USR19-0014, page 2
Leeward Renewable Energy Development, LLC
• BLM (Bureau of Land Management)
• United States Forest Service
• Farm Services Administration -Conservation Reserve Program
• Centennial Soil Conservation District
• West Greeley Soil Conservation District
USR19-0014, page 3
Leeward Renewable Energy Development, LLC
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: C. Gathman
Case Number: USR19-0014 Hearing Date: May 7, 2019
Applicant: Leeward Renewable Energy Development, LLC
Address: 6688 N. Central Expressway, Suite 500, Dallas, TX 75206
Request: 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 370 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, six (6) meteorological towers, 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
construction of the facilities) in the A (Agricultural) Zone District.
Legal Description:
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 Township 10 North, Range 58 West;
the S2S2, NW4SW4, NE4SE4, S2, Lots 1-4 in Section 1 Township 10 North
Range 59 West; SW4, S2NW4, Lots 3-4 in Section 2, S2, S2N2, Lots 1-4 in
Section 3, located in Township 10 North, Range 60 West; 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 Section 11 North, Range 58 West; 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 Township 11 North, Range 59 West; 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 Township 11
North, Range 60 West; 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 Township 12 North, Range
58 West; 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
Township 12 North, Range 59 West; S2, S2N2, Lots 1-4 in Section 22, SW4,
USR19-0014, page 4
Leeward Renewable Energy Development, LLC
S2N2, Lots 1-4 in Section 23, S2NE4, Lots 1-4 in Section 24, All of Sections 25-
27, located in Township 12 North, Range 60 West.
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 Numbers: Multiple
Size of Project: approx. 43,570 acres
Narrative:
The applicant (Leeward Renewable Energy Development, LLC) is proposing to construct a wind energy
facility that will have an energy generation capacity of up to 370 Megawatts (MW) and up to 140 wind
turbines. Leeward is the sole member of two subsidiaries (Mountain Breeze Wind, LLC and Panorama
Wind, LLC) and though this is a single project under Leeward the overall project will consist of the
Mountain Breeze and Panorama Wind Energy Facility components.
Mountain Breeze — The Mountain Breeze component will consist of up to approx. 68 turbines and
generate up to 190 MW of electricity. The turbines will interconnect with a proposed substation that will
increase the voltage to 230 kV. From that point the project will include one (1) 230 kV interconnection
transmission line approximately 11 miles in length and will interconnect to the Junction Substation
(approved under USR-1563 for Cedar Creek I wind facility in 2006). A temporary concrete batch plant,
laydown yard and three (3) permanent 90 -meter Meteorological tower (MET) towers are proposed.
Panorama — The Panorama component will consist of up to approximately 68 turbines and generate up to
180 MW of electricity. The turbines will interconnect with the proposed substation that will increase the
voltage to 115kV. From that point the project will include one (1) 115 kV transmission line that will run
approximately fifteen (15) miles and interconnect to the existing Redtail substation (operated by Tri State
Generation and Transmission, Inc. and approved under USR13-0054). A temporary batch plant, laydown
yard and three (3) permanent 90 -meter Meteorological (MET) towers are proposed.
The proposed turbines under consideration could generate just under 6 megawatts at a maximum and
have a hub height up to 345 feet. The maximum rotor diameter anticipated is up to 492 feet. Per the
application, this would make a maximum turbine height of 568 -feet (to the tip of the blade).
The application indicates that the transmission structures will be approximately 100 -feet in height and will
likely be H -frame or guyed three -pole structures and constructed of wood or steel. The proposed
transmission lines will be located within a 180 -foot easement to be purchased from the landowners in the
form of a right-of-way agreement. The application indicates that 95 -percent of the Mountain Breeze and
Panorama Transmission line routes are leased.
The applicant is proposing up to six (6) permanent ninety (90) meter meteorological towers (3 for the
Mountain Breeze site and 3 for the Panorama site). The proposed towers will be the same height as the
selected wind turbine hub height and will provide data for assessing the performance of the project and
will add in short-term forecasting for the project.
The applicant is proposing to utilize the existing operation and maintenance building for the Cedar Creek
Windfarm facility. The facility is proposing to utilize the existing commercial well and septic system
associated with this building.
SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING
REASONS:
USR19-0014, page 5
Leeward Renewable Energy Development, LLC
1. The submitted materials are in compliance with the application requirements of Chapter 21 of the
Weld County Code
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 21-3-340. A of the Weld County Code, as follows:
Section 21-3-340.A.1 — The health, welfare and safety of the citizens of the County will be
protected and served.
The proposed wind energy and transmission facility is in a rural area near similar wind facilities
approved under USR-1562, USR-1562 and USR-1723. The Weld County Sheriff's Office indicated
no concerns in their referral dated 2/14/2019. No referral response has been received from the
Pawnee Fire Protection District, New Raymer Stoneham Fire Protection District, the Weld County
Sheriff's Office or the Weld County Office of Emergency Management. Only approximately 5 -
percent 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, parcel boundaries and residential homes to avoid impacts to residences and
existing Department of Defense operations.
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, 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).
Section 21-3-340.A.3 -- All reasonable alternatives to the proposed action, including use of existing
rights -of -way and joint use of rights -of -way wherever uses are compatible, have been adequately
assessed and the proposed action is compatible with and represents the best interests of the people
of the County and represents a fair and reasonable utilization of resources in the impact area.
The 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).
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 avail
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.
Also input from Colorado Parks and Wildlife, US Fish and Wildlife, Army Corps of Engineers, Fire
USR19-0014, page 6
Leeward Renewable Energy Development, LLC
Districts, U.S Air Force, US Forest Service and other agencies and organizations were incorporated
into the siting of the wind turbines.
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.
Section 22-5-140 AE. Goal 1. Support and encourage research, development and use of alternative
energy resources. Wind energy is considered an alternative energy resource.
Section 22-5-140 A 3. AE.Policy 7.3. 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.
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 employees during construction of the facility.
Approximately (45-60) full-time positions between 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.
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
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 on site.
No referral comments have been received from either the Pawnee or New Raymer Stoneham Fire
Districts.
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 to be impacted by the proposed facilities.
USR19-0014, page 7
Leeward Renewable Energy Development, LLC
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.
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.
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. No responses have
been received regarding this request.
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.
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:
A presence/absence survey will be conducted for Mountain Plovers prior to construction.
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.
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 3/15/2019, had a number of comments and concerns,
and recommended a number of measures including but limited to steps to limit impacts on PSTG,
consulting with USFWS to ensure compliance with the Migratory Bird Treaty Act and Bald and Golden
Eagle Act and avoiding sediment from Sidney Draw or its crossed tributaries through adherence to the
USR19-0014, page 8
Leeward Renewable Energy Development, LLC
approved SWMP plan, monitor revegetation for at least 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 Ill cultural resources survey prior to
construction.
No referral response has been received from History Colorado regarding this application.
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.
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.
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 an SPCC plan and
Hazardous Materials Management Plan.
Section 21-3-340.A.17 — The proposed project will not have a significantly adverse net effect on the
capacities or functioning of streams, lakes and reservoirs in the impact area, nor on the permeability,
volume, recharge capability and depth of aquifers in the impact area.
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.
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.
USR19-0014, page 9
Leeward Renewable Energy Development, LLC
The facility will have minimal impact on agricultural land within the site. The application indicates that
less than 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.
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 have been obtained. Evidence that these
easements have been obtained is a condition of approval of this application.
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.
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 & maintenance activities will comply with all local, state and federal laws.
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.
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. Public Service of Colorado's Colorado Electric Resource Plan 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.
This recommendation for a is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
USR19-0014, page 10
Leeward Renewable Energy Development, LLC
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the 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. (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 applicant shall address the comments/requirements of the Colorado Division of Water
Resources as stated in their referral dated 3/7/2019. Written evidence of such shall be
provided to the Department of Planning Services. (Division of Water Resources)
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 Recorders Office. (Department of Planning
Services)
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. (FAA)
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.
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) for transmission line right-of-way
(easements) shall be submitted to the Department of Planning Services.
USR19-0014, page 11
Leeward Renewable Energy Development, LLC
L. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR19-0014. (Department of Planning
Services)
2. The map shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
3. The attached Development Standards. (Department of Planning Services)
4. The final location of the permanent 180 -foot transmission line easement with
dimension of permanent right-of-way, property ownership, parcel number, all
easements of record, and all physical encumbrances. (Department of Planning
Services)
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. (Department of Public Works)
6. 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)
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. (Department of Public
Works)
8. Show and label the approved tracking control on the site plan. (Department of
Public Works)
9. 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)
10. 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)
11. 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)
12. Show and label the drainage flow arrows. (Department of Public Works)
13. Show and label the parking and traffic circulation flow arrows showing how the
traffic moves around the property. (Department of Public Works) — how do they do
this?
USR19-0014, page 12
Leeward Renewable Energy Development, LLC
2. 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. (Department of Public Works)
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. (Department
of Public Works)
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. (Department of Public Works)
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. (Department of Public Works)
H. The applicant shall submit a traffic control plan for County review. (Department of Public
Works)
3. 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. Submit evidence of acceptance to the Department of Planning Services.
(Department of Planning Services)
4. 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. (Department of
Planning Services)
5. Upon completion of Conditions of Approval numbers 1. and 2., above the applicant shall submit a
Mylar map 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. (Department of Planning
Services)
6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, 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 3 -month period.
7. The Department of Planning Services respectively requests the surveyor provide a digital copy of
USR19-0014, page 13
Leeward Renewable Energy Development, LLC
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This
digital file may be sent to mapsRco.weld.co.us. (Department of Planning Services)
8. The Use by Special Review activity shall not occur nor shall any building or electrical permits be
issued on the property until the Special Review map is ready to be recorded in the office of the
Weld County Clerk and Recorder. (Department of Planning Services)
USR19-0014, page 14
Leeward Renewable Energy Development, LLC
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Leeward Renewable Energy Development, LLC
USR19-0014
1. A Site Specific Development Plan and Special Review Permit for a 1041 Major Facility of a Public
Utility -- 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 370 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, six (6)
meteorological towers, 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 construction
of the facilities) in the A (Agricultural) Zone District. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The property owner or operator shall provide written evidence of an approved Emergency Action
and Safety Plan on or before March 15'" 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. (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. (Department of Public Works)
5. 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)
6. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
7. 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)
8. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
9. The Improvements Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Department of Public Works)
10. 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)
11. The historical flow patterns and runoff amounts on site will be maintained. (Department of Public
Works)
12. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
U5R19-0014, page 15
Leeward Renewable Energy Development, LLC
13. 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. (Department of Public Works)
14. 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. (Department of Public Works)
15. 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. (Department of Public Health and
Environment)
16. 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. (Department of Public Health
and Environment)
17. 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. (Department of Public Health and Environment)
18. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the transmission line and until ground cover is established. Uses on the
substation property shall comply with the Colorado Air Quality Commission's air quality
regulations. (Department of Public Health and Environment)
19. 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. (Department of Public Health and Environment)
20. 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. (Department of Public Health and Environment)
21. 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. (Department of Public Health and
Environment)
22. 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. (Department of Public Health and Environment)
23. 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. (Department
of Public Health and Environment)
USR19-0014, page 16
Leeward Renewable Energy Development, LLC
24. 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. (Department of Public Health and Environment)
25. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department of
Public Health and Environment)
26. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
27. 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.
28. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County -wide Road Impact Fee Program. (Department of Planning Services)
29. 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. (Department of Planning Services)
30. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
31. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code. (Department of Planning Services)
32. 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.
(Department of Planning Services)
33. 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. (Department of Planning Services)
34. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may
be reason for revocation of the Permit by the Board of County Commissioners. (Department of
Planning Services)
USR19-0014, page 17
Leeward Renewable Energy Development, LLC
35. 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 person moving into these
areas must recognize the various impacts associated with this development. Often times, 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.
36. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness,
wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County would quickly
be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor
from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes;
hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of
pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and supplies to
assist in their agricultural operations. A concentration of miscellaneous agricultural materials
often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-
102, C.R.S., provides that an agricultural operation shall not be found to be a public or private
nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that
are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they
cannot take water from irrigation ditches, lakes, or other structures, unless they have an
adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred (3,700)
miles of state and County roads outside of municipalities. The sheer magnitude of the area to be
served stretches available resources. Law enforcement is based on responses to complaints
more than on patrols of the County, and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to emergencies.
County gravel roads, no matter how often they are bladed, will not provide the same kind of
USR19-0014, page 18
Leeward Renewable Energy Development, LLC
surface expected from a paved road. Snow removal priorities mean that roads from subdivisions
to arterials may not be cleared for several days after a major snowstorm. Services in rural areas,
in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be
more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps
and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and
livestock, and open burning present real threats. Controlling children's activities is important, not
only for their safety, but also for the protection of the farmer's livelihood.
USR19-0014, page 19
Leeward Renewable Energy Development, LLC
April 4, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
WYCHERLY JOHN
6688 N. CENTRAL EXPRESSWAY, SUITE 500
DALLAS, TX 75206
Subject: USR19-0014 - 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.
On parcel(s) of land described as:
THE PROPOSED FACILITY IS LOCATED IN SECTIONS 6, 7, AND 8, T10N, R58W; SECTION 1,
T10N, R59W; SECTIONS 2 AND 3, T10N, R60W; SECTIONS 1, 3, 4, 5, 6, 7, 9, 10, 19, 30 AND
31, T11N, R58W; SECTIONS 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 15, 17, 18, 19, 20, 22, 23, 24, 25, 29,
AND 36, T11N, R59W; SECTIONS 13, 14, 23, 24, 25, 26, AND 35, T11N, R60W; SECTIONS 19,
20, 21, 25, 26, 27, 29, 32, AND 36, T12N, R58W; SECTIONS 19, 20, 21, 22, 24, 26, 27, 28, 29, 30,
31, 32, 34, AND 36, T12N, R59W; AND SECTIONS 22, 23, 24, 25, 26, AND 27, T12N, R60W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 7, 2019, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on May 22, 2019 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.org
Page 2 of 8
If you have any questions concerning this matter, please call.
Respectfully,
kfit
Chris Gathman
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
February 15, 2019
WYCHERLY JOHN
6688 N. CENTRAL EXPRESSWAY, SUITE 500
DALLAS, TX 75206
Subject: USR19-0014 - 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.
On parcel(s) of land described as:
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.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
f4
Chris Gathman
Planner
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