HomeMy WebLinkAbout5.0 BOCC Staff Report 10.20.2014Board of County Commissioners — Public Hearing Exhibits
Clean Energy Collective
Major Impact Review
Applicant is Mary and Rick James
October 20, 2014
(File MIPA-7900)
Exhibit Letter
(Numerical)
Exhibit Description
1
Public Hearing Notice Information
2
Proof of Publication
3
Return Receipts from Mailing Notice
4
Photo evidence of Public Notice Posting
5
Garfield County Land Use and Development Code, as amended
6
Garfield County Comprehensive Plan of 2030
7
Application
8
Staff Report
9
Staff Presentation
10
Referral Comments from Mountain Cross Engineering (dated August 13, .
2014)
11
Referral Comments from Garfield County Road and Bridge (dated June
19, 2014)
12
Referral Comments from Garfield County Vegetation Management
(Dated August 24, 2014)
13
Referral Comments from the Carbondale and Rural Fire Protection
District (Dated August 25, 2014)
14
Referral Comments from Garfield County Public Health (Dated August
26, 2014)
15
Email from Susy Ellison (Dated September 10, 2014)
16
Letter from Enertia Consulting Group (Dated September 18, 2014)
17
Email from Chris Hale of Mountain Cross Engineering (Dated
September 30, 2014)
18
Email from Richard Miller (Dated September 25, 2014)
BOCC 10/20/2014
File No. MIPA-7900
DP
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST Land Use Change Permit - Major Impact
Review for a Solar Energy System, Large
(greater than 500 kilowatts).
APPLICANT — PROPERTY OWNER Mary and Rick James
OPERATOR / UTILITY Clean Energy Collective / Holy Cross Energy
ASSESSOR'S PARCEL # 2391-303-00-007
PROPERTY SIZE The Site will be approximately 11.541 acres on
an overall tract of approximately 35 acres.
LOCATION The property is located at 4003 County Road
100, approximately 5 miles east of the Town of
Carbondale, in the Section 30, T7S, R87W.
ACCESS
EXISTING ZONING
PLANNING COMMISSION
The facility is accessed by County Road 100
and a section of private roadway maintained by
Clean Energy Collective.
The property is zoned Rural
Public Hearing on September 10, 2014 with a
7-0 vote recommending approval with
conditions.
I. GENERAL PROJECT DESCRIPTION
The Applicant is requesting a Major Impact Review for an 11.541 acre 1.7 MW solar
array within an overall 35 acre parcel. The site is currently vegetated with sage and other
natural vegetation and is directly to the east of the former Carbondale landfill site. The
energy created from this facility is to become part of Holy Cross Energy's power supply
for the local service area. The Applicant explains that "the panels are owned by citizens
and businesses of all sizes within Holy Cross Energy's service area. The power produced
by the purchased panels is then credited against the electric bill of the purchasers of
panels on the array." The site is to be unmanned with maintenance crews going to the
site approximately two times per year by standard sized pickup trucks.
1
The proposed panels are to be a single axes tracking system that will sit about 4-6 feet
high from grade to the top of the panels. The panels will rotate east to west with the sun
to maximize solar gain. Limited site grading will be necessary although the existing
vegetation will need to be cleared. The ground around the panels is to be mowed to
about 4" while disturbed areas are to be reseeded with a native short seed mix. The site
is to be surrounded by a six foot tall security fence with a locked gate. All internal wire
connections are to be underground. Two inverters are prosed within the project area that
will convert the produced DC energy to AC energy ready for the power grid. The power
is to be tied to the grid by a 3-phase line on the western portion of the property near the
former Carbondale landfill. The project is to be built in one phase that will last between
12 and 14 weeks.
The site is not readily visible from any public right of way and is substantially shielded
from public view by topography and vegetation.
The Planning Commission (PC) reviewed this application in a Public Hearing on
September 10, 2014. At this hearing the PC voted 7-0 to recommend approval with
conditions.
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View of Subject Site from Internal Access Road, Looking Southwest
View of Subject Site and Perimeter Access Road
View of Subject Site, looking Northeast
View of Access Road
8
View of Access from CR 100
II. LOCATION - SITE DESCRIPTION
The 11.541 acre subject site, located within a larger 35 acre tract, is generally comprised
of native sage brush and grasses and slopes gently to the southwest. There are very few
trees within the subject site. The old Carbondale landfill is directly west of the property.
Although the site is generally open and proximate to Highway 82 and County Road 100,
it is substantially screened from public view by topography and treed vegetation that is
proposed to remain in place. There are no water bodies in or near the subject site. The
owner of the property has some sheds and barns on the property and it is understood
that they intend to move onto the property permanently in the near future. Both the home
and the solar array would access County Road 100 at the same location.
III. PUBLIC COMMENTS AND REFFERAL AGENCY COMMENTS
Public Notice was provided for the Board of County Commissioners public hearing in
accordance with the Garfield County Land Use and Development Code as amended.
No public comments have been received at this time. Comments from referral agencies
and County Departments are summarized below and attached as Exhibits.
1. Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering: (See
Exhibits 10)
9
• Comments from Mr. Hale indicate that he needs additional information which
addresses increased runoff and drainage from the impervious areas created by
the solar panels.
2. Garfield County Road and Bridge Department: (See Exhibit 11)
• Comments stated that the driveway is existing and is exempt from needing a
driveway permit. In addition, the driveway currently meets Road and Bridge
standards.
3. Garfield County Emergency Management
• Comments have indicated that Emergency Management has no comments on the
proposed development.
4. Garfield County Vegetation Manager (See Exhibit 12)
• Noxious Weed Management and Revegetation Plan are acceptable.
• Proposed seed mixes are acceptable.
• No revegetation security is required (less than %2 acre threshold).
• Recommends treatment of Scotch Thistle and Whitetop infestations prior to
project construction as they can be effectively treated in the late summer and early
fall.
• Recommends confirmation of treatment to the Vegetation Management Office by
October 31, 2014.
5. Carbondale and Rural Fire Protection District: (See Exhibit 13)
• Bill Gavette of the District reviewed the application and has indicated that he has
no issues with the proposed development.
6. Garfield County Public Health: (See Exhibit 14)
• Noted the public health benefit to using solar energy.
Encourages the use of BMPs as outlined in the Weed Management and
Revegetation Plan to reduce dust after construction has been completed.
7. Other agencies that did not submit comments include: (a) the Colorado Department
of Public Health and Environment (Water Quality Control Division and Air Pollution
Control Division), (b) Colorado Parks and Wildlife and (c) Holy Cross Energy.
IV. STAFF COMMENTS AND ANALYSIS
In accordance with the Land Use and Development Code, the Applicant has provided
detailed responses to the Submittal Requirements and applicable sections of Article 7,
Divisions 1, 2, and 3, including Section 7-1101 Solar Energy Systems. The Application
materials include an Impact Analysis and related consultant reports, technical studies,
and plans.
10
7-101 — 103: Zone District Regulations, Comprehensive Plan & Compatibility
The proposed use demonstrates general conformance with applicable Zone District
provisions contained in the Land Use and Development Code and in particular Article 3
standards for the Rural zone district.
The Comprehensive Plan 2030 designates the site as RM (Residential Medium Density).
Excerpts from the Land Use Description Section Chapter 2 and Section 10, Renewable
Energy are provided below.
Chapter 2 — Land Use Designations
Residential Medium (RM): Small farms, estates, and clustered residential
subdivision; density determined by degree of clustering and land preserved in
open condition:
0% open land - 1 du per <10 acres
50% open land - 1 du per 8 acres
70% open land - 1 du per 6 acres
Density of residential uses: 1 du per 6 to < 10 acres
Section 10 — Renewable Energy
Vision
Garfield County has encouraged the development of renewable
energy sources throughout the county and has ensured that
generating facilities are located in appropriate places in the county.
The county has also ensured that county regulations are not unduly
burdensome or difficult to negotiate in regards to the development
and location of new renewable energy resources.
Issues
There are incentives to explore alternative sources to conventional
energy for the benefit of individuals, communities, and the county
as a whole.
There is potential that alternative energy is a tool for economic
diversification.
It is likely that the individual and largescale use of alternative energy
will become more prevalent in Garfield County and the county needs
to anticipate visual and other impacts.
Goals
1. Promote and encourage the development of renewable energy
resources within the county.
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2. Encourage the implementation of energy efficient site design and
building orientation in development proposals.
3. Ensure that renewable energy activities mitigate their effects on
the natural environment, including air quality, water quality, wildlife
habitat, and visual quality.
Policies
1. The county encourages the development of energy efficient
building design and the use of alternative energy sources.
Strategies and Actions:
1. Continue to develop county standards for renewable energy
installations.
2. Encourage current, and require future, POA/HOA's to adopt local
standards to promote and allow for renewable energy technologies
to occur within their subdivisions.
3. Evaluate the viability of various renewable energy resources
within the County. Develop appropriate mechanisms to encourage
their development.
The location and design of the proposed facility is in general conformance with the
Comprehensive Plan Policies subject to proper mitigation of impacts.
The Application has also provided information indicating the character of the area and
adjacent land uses. The request demonstrates general compatibility with adjoining uses
that are primarily residential, agricultural and industrial in nature.
7-104 & 105: Source of Water & Waste Water Systems
The Application represents that the facilities will be operated with minimal staff activities.
The site will be unmanned with visits to the site one to two times per year for maintenance
and inspections. Potable water and portable toilets are proposed to be onsite during
construction, which is expected to last between 12 and 14 weeks.
7-106: Public Utilities
No public utilities are required for operation of the facility. The power generated from the
facility will be dedicated to the Holy Cross electric grid. This power is to be brought to the
facility in a 3-phase line from the east of the site.
12
7-107: Access & Roadways
The Applicants access their property from County Road 100 via a 0.5 mile long access
road maintained by the Clean Energy Collective. The submittals include general
descriptions of the roadway as currently in use and indicate that the access road meet
the standards as outlined in Section 7-107.
The Applicant submitted a Basic Traffic Analysis that indicates that the site will have a
traffic demand of one round-trip (2 ADT) of a light vehicle (pickup truck) per month, at
most. Anticipated long term traffic demand is one round-trip of a pickup truck every 6
months to a year. The traffic study indicates that the first week of construction will have
average daily trips between 16 and 24. Installation of the facility will have an average
daily trip count of 20 to 28. The majority of the trips will be light vehicles while between
2 and 4 heavy vehicle trips will access the site daily during the construction period.
7-108: Natural Hazards
The Application provides mapping information on natural hazards including information
on soils, geology, and slopes associated with the site. The information supports a
determination that the proposed use is not subject to significant natural hazard risks.
7-109: Fire Protection
The Application states the following regarding fire protection, "Solar facilities are
constructed of non-combustible materials and pose very little threat to start a fire. CEC
will work with the fire protections district to insure the access is acceptable and all other
fire district requirements are met." The Application was referred to the Carbondale and
Rural Fire Protection District who has indicated that they have no issues with the
proposal.
7-201: Agricultural Lands
The current property is not currently in agricultural production. In addition, the facility is
not expected to have negative impacts on any adjacent agricultural lands or operations.
7-202: Wildlife Habitat Areas
The Applicant has provided a wildlife habitat analysis completed by Colorado Parks and
Wildlife (CPW). The analysis concluded that "Given the relatively small scale of the
project (11.5 acres) and its proximity to existing disturbance and Highway 82, the project
should ultimately have minimal impacts on local wildlife." No threatened, endangered,
proposed, candidate or other sensitive species were noted to occur in the project area.
CPW did express concern about the initially suggested perimeter fencing that included
6 ft. high chain link fence with barbed wire along the top. The analysis from the CPW
states that such a fence "will create a dangerous obstacle for mule deer and elf who
attempt to jump the fence. Entanglement in the top strands of barbed-wire can be lethal
13
to animals attempting to access the relatively untouched vegetation within the fenced
area. CPW recommends using an eight foot high fence and marking the top with strands
of barbed wire with flagging or other highly visible material to discourage deer and elk
from jumping the fence." Staff understands the Applicant is now proposing a 6 ft. high
fence without barbed wire along the top. As it appears that CPW did not review the final
plan for the perimeter fencing, Staff recommends a condition of approval that the design
be accepted by CPW prior to issuance of the Land Use Change Permit.
Proposed Fencing
CPW also recommended a set of Best Management Practices (BMPs) for the project.
As a condition of approval, Staff recommends that the Applicant be required to operate
in accordance with these BMPs. The BMPs as outlined by the CPW are excerpted below:
Recommended BMPs
1. Complete the bulk of construction activities outside the time period of December
1 to April 15 to reduce disturbances to wintering animals.
2. Limit post construction site visits to the hours between 10:00 a.m. and 3:00 p.m.
between the months of December and April.
3. Ban workers and contractors from bringing dogs on site during the construction
period. CPW has had problems with worker's pots harassing wildlife in the past.
4. During the construction phase, all garbage must bo kept in a boar -proof container
and disposed of on a regular basis. The site should be kept clean of all garbage
and waste to eliminate attractants for wildlife.
5. Conduct surveys and treat invasive wood species both prior to construction and
after construction has been completed. Eliminating any woods before
disturbing top soil will help reduce the spread of invasive species. Also, an
effective wood monitoring and treatment plan should bo implemented after
completion of the project.
6. If reseeding of any disturbed areas is required after construction, use a mix of
native grasses, forbs, and shrubs to optimize the ecological site and reduce the
spread of non-native species.
7. If the expected disturbance may impact threatened or endangered plant
species, conduct the proper surveys prior to commencing construction.
14
Following some additional correspondence with CPW (See Exhibit 18), staff suggests
an amendment to BMP #1 regarding the timeframe for construction. Specifically, if
construction is not completed by December 1, the Applicant may request an extension
from CPW.
A study of the site conducted by em ecological, LLC, identified several noxious weeds
on the site. Some of the noxious weeds identified include Cheatgrass, Bulbous
Bluegrass and Scotch Thistle. The study also identifies strategies for managing the
noxious weeds on the site. Staff understands that the Applicant will be leaving much of
the sagebrush in place to help control the cheatgrass and will also employ other
mechanical and chemical control measures as well. The Garfield County Vegetation
Manager, Steve Anthony, has reviewed the submitted Noxious Weed Management and
Revegetation Plan and has found it acceptable along with the recommended seed mixes.
Mr. Anthony does recommend treatment of the identified Scotch Thistle and Whitetop
with confirmation of treatment by October 31, 2014. Staff recommends a condition of
approval requiring that the treatment be confirmed within to the satisfaction of the
Vegetation Manager no later than October 31, 2014.
Weed Inventory Map of Subject Site
Plant Community / Weed Map
Catherine's Store
Plant Species
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15
7-203: Protection of Water Bodies
The site location is not in close proximity of an active water body. The nearest water
feature is the Roaring Fork River which is located approximately 4,000 feet from the
subject area. Due to this distance, impacts to water bodies are not anticipated.
7-204: Drainage and Erosion (Stormwater)
The Applicant has provided a report from Enertia Consulting Group, LLC indicating that
a total of 0.23 acres will be disturbed for the access drive, foundations for the solar array
system, two transformer pads and two inverter pads, and for the below grade electric
transmission line. This report also indicates that "The project does not require clearing,
grubbing or grading of the existing ground surface." The report also states that "Of the
disturbed areas, only 7,250 sf. (650 sf. — concrete pads and 6,600 sf. Access drive) will
result in a decrease in ground surface perviousness. In accordance with CDPHE storm
water management and grading requirements, land disturbance and earth movement
thresholds are not met since the total disturbance is less than 1 acre. Further, since less
than 10,000 sf. of the ground surface will decrease in perviousness, Garfield County
storm water runoff thresholds are not met" (Section 7-204(C)). In addition, the Applicant
has provided a topographic map of the subject site that demonstrates overall positive
drainage on the site.
Staff understands that vegetation on the site will be taken down to about 4" and will leave
the root structures of the sagebrush and other vegetation in place. This will help control
some noxious weeds, help prevent erosion and aid in the reestablishment of the
vegetation community.
The application was referred to Chris Hale of Mountain Cross Engineering, Inc. (See
Exhibit 10). Mr. Hale stated that "The Applicant should address increased runoff and
drainage from the impervious areas created by the solar panels." The Applicant
subsequently submitted additional information regarding drainage (See Exhibit 16) that
satisfied Mr. Hale's concerns (See Exhibit 17).
7-205 Environmental Quality
Any hazardous materials onsite are required to be installed and labeled in accordance
with applicable local, state and federal laws. Such labeling and signage is required in
accordance with the International Fire Code (IFC) and International Building Code (IBC).
In addition, in accordance with 7-1101(A), the Applicant shall sign the perimeter of the
site warning of electrical shock.
The facility will not generate air emissions except for those typical of motor vehicles
accessing the site. To this end, the facility is not expected to impact air quality and does
not require a permit from the CDPHE.
16
7-206: Wildfire Hazards
The facility is located within a "very high" wildland fire susceptibility designation
according to Map 7 of the Garfield County Community Wildfire Protection Plan. In
response, the Applicant is proposing a cleared access road around the perimeter of the
facility to act as a fire break as well as limiting internal vegetation to low growing plants.
The Applicant also states the following: "The solar facility has a very minimal chance of
igniting a wildfire. Should the surrounding area catch fire and spread to the solar facility,
the racking and panels will melt rather than provide fuel to the fire. The existing drive
should provide adequate access for the fire department." The application was referred
to Bill Gavette at the Carbondale and Rural Fire Protection District who has indicated
that he has no issues with the proposal.
7-207 Natural and Geologic Hazards
See Section 7-108, above.
7-208: Reclamation
The Applicant has proposed minimal grading to the site and is proposing to maintain as
much of the sagebrush community as possible by mowing (as opposed to grading) the
vegetation down to 4" and leaving the root structures in place. The Applicant has
proposed a seed mix and weed management plan that have been referred to Steve
Anthony of Garfield County Vegetation Management.
7-301 & 302: Compatible Design, Parking, and Loading
The proposed use is consistent with and compatible with surrounding land uses,
including the neighboring old Carbondale landfill, nearby gravel pit and surrounding
agricultural and residential uses. The site has very limited visibility from any neighboring
property or public vantage point as demonstrated in the application and through a Staff
site visit. Adequate parking and loading are available for this use.
View of Clean Energy Collective Array from Catherine Stone Road —Visual
Reference Point # 2
17
7-303: Landscaping
The site is substantially shielded from the public view due to topography and natural
vegetation. The Applicant is proposing to maintain as much native vegetation as possible
and reseed disturbed areas with a natural, drought resistant seed mix approved by the
Garfield County Vegetation Manager. Due to the limited ability to view the site from any
public vantage point, Staff feels that the facility will be adequately screened.
7-304: Lighting
The Applicant has indicated that limited lighting will be used onsite. This lighting will
consist of a small lamp in each of the inverter cabinets. In accordance with the LUDC,
this lighting shall be limited to down directed, shielded and internally oriented fixtures in
accordance with the County's lighting standards.
7-305 Snow Storage
Adequate portions of the site plan including areas adjacent to the proposed solar array
area are available for snow storage.
7-306 Trails
Trails standards are generally not applicable based on the industrial nature of the
proposal and surrounding uses.
7-1101 SOLAR ENERGY SYSTEMS
The Applicant represents that the facility will comply with all the Solar Energy System
Standards contained in Section 7-1101. The following summary addresses the
applicable provisions.
A. Signage
The facility is required to have signage around the perimeter warning of electrical shock.
As a condition of approval, Staff suggests requiring that the facility be appropriately
signed on the perimeter fencing that warns of electrical shock.
B. Solar Energy Systems, Accessory
As a Solar Energy System, Large, this section is not applicable to this facility.
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V. SUGGESTED FINDINGS
1. That proper public notice was provided as required for the hearing before the
Board of County Commissioners.
2. The hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
3. That for the above stated and other reasons the proposed Land Use Change
Permit for the Clean Energy Collective — Solar Energy System, Large is in the best
interest of the health, safety, convenience, order, prosperity and welfare of the citizens
of Garfield County.
4. That with the adoption of conditions, the application is in general conformance
with the 2030 Comprehensive Plan, as amended.
5. That with the adoption of the Conditions of Approval the application has
adequately met the requirements of the Garfield County Land Use and Development
Code, as amended.
VII. RECOMMENDATION
The following recommended conditions of approval are provided for the Board's
consideration.
1. That all representations made by the Applicant in the application shall be conditions
of approval, unless specifically altered by the Board of County Commissioners.
2. That the operation of the Clean Energy Collective — Solar Energy System, Large
shall be done in accordance with all applicable Federal, State, and local regulations
governing the operation of this type of facility.
3. The facility shall follow the Best Management Practices (BMPs) as recommended
by Colorado Parks and Wildlife, as outlined below:
a. Complete the bulk of construction activities outside the time period of
December 1 to April 15 to reduce disturbances to wintering animals. If
construction is not completed by December 1, the Applicant may request
an extension from CPW.
b. Limit post construction site visits to the hours between 10.00AM and
3.00PM between the months of December and April.
c. Ban workers and contractors from bringing dogs on site during the
construction period.
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d. During the construction phase, all garbage must be kept in a bear -proof
container and disposed of on a regular basis. The site should be kept clean
of all garbage and waste to eliminate attractants for wildlife.
e. If the expected disturbance may impact threatened or endangered plant
species, conduct the proper surveys prior to commencing construction.
4. The Applicant shall control fugitive dust during construction and operation of the
site as outlined in the BMPs of the Weed Management and Revegetation Plan.
5. Signage around the perimeter of the facility warning of electrical shock must be
installed.
6. The facility shall maintain compliance with Section 7-306 Lighting, with all lighting
to be directed inward and doward toward the interior of the site. Facilities shall be
painted a non -glare neutral color to lessen any visual impacts.
7. The Applicant shall comply with their Noxious Weed Management Plan including
the best management practices.
Conditions Prior to Issuance
8. The final design of the perimeter fence shall be reviewed and approved by Colorado
Parks and Wildlife (CPW). This design and acceptance by CPW shall be provided
prior to issuance of the Land Use Change Permit.
9. The Applicant shall conduct a fall treatment of the identified Scotch Thistle and
Whitetop infestations. Satisfactory confirmation of treatment shall be submitted to
the Vegetation Management Office by October 31, 2014.
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1
EXHIBIT
Garfield County
PUBLIC HEARING NOTICE INFORMATION
Please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the
described action.
■ My application required written/mailed notice to adjacent property owners and mineral
owners.
7.
/ELM Mailed notice was completed on the �. day of jL`-727-62"j.6'2014.
ELM All owners of record within a 200 foot radius of the subject parcel were identified as
shown in the Clerk and Recorder's office at least 15 calendar days prior to sending
notice.
/'L All owners of mineral interest in the subject property were identified through records in
the Clerk and Recorder or Assessor, or through other means [list]
■ Please attach proof of certified, return receipt requested mailed notice.
III My application required Published notice.
77..‘�j Notice was published on the�� day of_.�Z
• Please attach proof of publication in the Rifle Citizen Telegram.
In,,
My application required Posting of Notice.
�/ Notice was posted on the /9 day of
V 2014.
. /ifhe%',2014.
>- Notice was posted so that at least one sign faced each adjacent road right of way
generally used by the public.
I testify that the above Information is true and accurate.
Name: �.ic,69d;2 -.-
Signature: �' d/// p5.
Date: 9/Z3/z61 lr�
Ad Name: 10553682D
Customer: Clean Energy Collective
Your account number is: 3809793
PROOF OF PUBLICATION
THE RIFLE
CITIZEN TELEeRAm
STATE OF COLORADO,
COUNTY OF GARFIELD
I, Michael Bennett, do solemnly swear that I am
Publisher of The Rifle Citizen Telegram, that the
same weekly newspaper printed, in whole or in part
and published in the County of Garfield, State of
Colorado, and has a general circulation therein; that
said newspaper has been published continuously
and uninterruptedly in said County of Garfield for
a period of more than fifty-two consecutive weeks
next prior to the first publication of the annexed legal
notice or advertisement; that said newspaper has been
admitted to the United States mails as a periodical
under the provisions of the Act of March 3, 1879, or
any amendments thereof, and that said newspaper is a
weekly newspaper duly qualified for publishing legal
notices and advertisements within the meaning of the
laws of the State of Colorado.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every number
of said weekly newspaper for the period of 1
consecutive insertions; and that the first publication
of said notice was in the issue of said newspaper dated
9/18/2014 and that the Last publication of said notice
was dated 9/18/2014 the issue of said newspaper.
In witness whereof, I have here unto . t 11y hand this
09/18/2014.
Michael Bennett, Publisher
Publisher Subscribed and sworn to before me, a
notary public in and for the County of Garfield, State
of Colorado this 09/18/2014.
My Commissar, Expires 11101!2015
Pamela J. Schultz, Notary Public
My Commission expires:
November 1, 2015
PUBLIC NOTICE
EXHIBIT
TAKE NOTICE that Rick. and Mary James. has applied to Inc Board of County Comcrossmnar Cnifield Cour. State
of Colorado. to request approval for a Lard Use Change Penni' on a propeny situated in InctCounts of Garfield. Stine
of Colorado: to -wit
Legal Description:
The Lend referred to herein is bared hn the County of Garfield, State of Colorado, and described as
follows:
A Parcel of land situated in a Tract of Land as described in Reception No. 817680 of the Garfield
County Clerk and Recorder, also known as Parcel No. 2391.303.00-006, also being situated in SW 1/4
Section 30, Township 7 South, Range 87 West, of the 6th P.M., said panel being more partkularly
described as follows;
Beginning at a point on a fence whence the W114 of said Section 30, T.7S., R.87W, of the 6th P.M., a
found 3'/." Garfield Canny Surveyor Brass Cap on a 2 Ys" ¢on pipe, marked 1/4 Section 30, T.7S,
R.87W., of the 6th P.M. & Section 23, T.7S., R. 88W., of the 6th P.M., 1963 bears N289947"W a
distance of 559.10 feet;
Thence 9 019640"W a distance of 613.28 feet;
Thence N 88°0370"W a distance of 165.25 feet;
Thence S 39°4948"W a distance of 134.36 feet;
Thence N 01°5621'E a distance of 49.82 feet
Thence N 88°03'19"W a distance of 745.85 feet to a point on the westerly line of said Parcel No. 2391-
303-00-006;
Thence along said west line 5 00°1e44"E a distance of 40831 feet to a point In the cents' of the Basin
Ditch;
Thence along the center of said ditch the following thirteen (13) courses:
S 78°20'46"E a distance of 39.87 feet;
5 69'21'46'E a distance of 137.13 feet;
S 74°09'28"E a distance of 87.48 feet
S 8214'16"E a distance of 93.38 feet;
S 71°33'37"E a distance of 74,67 feet
S 8593'55"E a distance of 115.93 feet;
N 8727351B a distance of 81.84 fent;
N 84°53'00'B a distance of 80.11 feat;
N 83°36'02"E a distance of 176,33 feet;
N 899217"E a distance of 241,55 feet;
S 84°44'31"E a distance of 187.38 feet:
N 88°50'16"E a distance of 152.57 feat;
N 82°09'55"E a distance of 57,01 feet;
N 75°0929"E a distance of 77.23 feet;
'hence leaving the center of said catch N 0093'22'E a distance of 190.96 feet;
Thence N 24°06'17"E a distance of 203.27 fun;
Thence N 00°2903"E a distance of 1.87 fat;
Thence N 89°30'57"W a distance of 55.16 fat;
Thence N 00'2900'E a distance of 150.00 feet;
Thence S 89°41'58"E a distance of 56,71 feat;
Thence 00° •04'00"E a distance of 149,112 feet;
Thence 5 89'41'59"E a distance of 56.71 feet;
Thence N 00°04'01"E a distance of 149.82 fed;
Thence S 8990'56E a distance of 55.62 feet
Thence N 00°29'00°E a distance of 150.00 fed;
Thence 519°30'$7"E a distance of 608.61 fed to a point on the nonhwester(v Right of Way line of a
County Road;
Thence along said Right of Way the following four (4) courses;
147.40 feet along the arc of a non -tangent curve to the right having a radius of 1554.05 feet, the chord of
which bears N 34°48'13"E a distance of 147,34 feet
Thence N 409142'E a distance of 96.25 feet
Thence N40. 34'27"E a distance of 69.19 feet;
Thence 125.44 fed along the aro of It curve to the tight having a radius of 673.26, the chord of which
bears N 469602'E a distance of 125.26 feet;
Thence N 90°00'00"W a distance of 1012.21 feet
Thence S 00000'00.w a distance of 182.20 feet;
Thence N 90.0900"W a distance of 646.44 feet to the point of beginning.
Practical Description 40(13 County Rond 1 W. Carbondale, CO 81623, 5 miles east of the Town of Carbondale
within Section 3n1, Township 7 South. Range 87 West of the 6. PM. 'The property is also known by Assessor's Parcel
No. 2391-303.0(1.113 7.
Protect Description' This is a MNlor Impact Review Land Use Change Pemul for a 1.7 MW commeraal solar einergy
system an approximately 11.54 acres owned Iny Rick and Maly James. The overall property is ap1nro>,irnotely 33
acres. The Property is tend Rural.
All persons affected by the proposed plan are incised to appear and slate their' iews. protest or support if You can not
appear personally al such hearing. than you are urged to state your views by letter. as the Board of C'oumnv Commissioners
will give consideration to the continents of surrounding property owners. and others alfecled, in deciding whether to
grant or deny die request The application may be reviewed at the office of the Planning Department located at 108
Sth Street, Suite 4111. Garfield Counts Plaza Building. Glenwood Spnngs, Colorado between the horns of 8:30 a.m.
and 5.00 p m , Mundrty through Friday.
A public hearing on the application has been scheduled fur Monday, October 20, 2014 at I:00 P,M. in the
Cotmty Commissioners Meeting Roam. Garfield County Administration Building: 1110 115 Street, Glenwood Springs,
Colorado
Planning Department
riurfield Counts
Published in the Citizen Telegram September 18, 2614.
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( Kr. NOTICE
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August 13, 2014
Mr. David Pesnichak
Garfield County Planning
108 8°i Street, Suite 401
Glenwood Springs, CO 81601
MOUNTAIN CROSS
ENGINEERING, INC.
Civil and Environmental Consulting and Design
RE: Review of Sunny Side Ranch Solar Energy Array: MIPA-7900
Dear David:
EXHIBIT
IO
This office has performed a review of the documents provided for the Major Impact Review
application of the Sunny Side Ranch Solar Energy Array. The submittal was found to be
thorough and well organized. The review generated the following comment:
• The Applicant should address increased runoff and drainage from the impervious areas
created by the solar panels.
Feel free to call if you have any questions or comments.
Sincerely,
Montajp Cross Engineerin
is Hale, PE
826'h Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
Garfield Coun
To whom it may concern
The address
4003 County Road 100
Carbondale, Co.
81623
Road & Bridge
EXHIBIT
June 19, 2014
The said address is exempt from getting a Driveway Permit from Garfield County
Road and Bridge because it is using an existing driveway. This driveway currently
meets Road & Bridge Standards.
Any questions please contact me.
Mike Prehm
Garfield County Road & Bridge
Foreman/District 1
(970) 945-1223 Office
(970) 945-1318 Fax.
August 24, 2014
EXHIBIT
Garfield County
Dave Pesnichak
Garfield County Community Development Department
RE: Sunny Side Ranch Solar Garden MIPA-7900
Dear Dave,
Thank you for the opportunity to comment on this permit.
VeRelation ManaLe,nenl
The Noxious Weed Management & Revegetation Plan are acceptable. The proposed seed mixes are acceptable. The
amount of surface area disturbance falls under the County's current threshold of acre in which a revegetation security
would be required.
The Weed Map submitted by the applicant indicates the County listed noxious weeds, Scotch thistle (Onopordum
acanthium) and Whitetop (Cardaria draba) located outside the project area but on parcels owned by the applicants. The
map is attached to this letter.
Both infestations are adjacent to roads that service the ranch and will ultimately service the project area entering from the
north.
There is a smaller patch of Scotch thistle indicated just to the east of the project boundary also on property owned by the
applicant.
Staff recommends a fall treatment of the Scotch thistle and whitetop infestations prior to project construction. Both weeds
produce fall rosettes and may be treated effectively in late summer and early fall.
Please submit confirmation of treatment to the Vegetation Management Office by October 31, 2014.
Please let me know if you have any questions.
Sincerely,
Steve Anthony
Garfield County Vegetation Manager
0375 County Road 352, Bldg 2060
Rifle, CO 81650 Phone: 970-945-1377 x 4305 Fax: 970-625-5939
Plant Community / Weed Map
J
Project Boundary
Plant Species
Property Boundary
* Scotc iThistle
r7 J Sagebrush/Cheatgress/
Bulbous Bluegrass
E/2 ScotchThistle
l�
Bulbous Bluegrass
Whitetop
gebru sh/Ch e ata ras s
Sunny Side Ranch
Community Solar Garden
Photovoltaic System
- eoologloal, tit
i -galguji resource consulting
pa box 1990
4A an 81623
970.948.4857
Drawn by M. Stover 6/13,2014
David Pesnichak
From: Bill Gavette <gavette@carbondalefire.org>
Sent: Monday, August 25, 2014 9:05 AM
To: David Pesnichak
Subject: Sunny Side Ranch Solar Array - Major Impact Review
EXHIBIT
1 1 3
David,
have reviewed the application for the proposed Sunny Side Ranch Solar Array and I have no issues with the proposal.
Thanks,
Bill Gavette
Deputy Chief
Carbondale & Rural Fire Protection District
http://cp.mcafee.com/d/FZsSd 1NJ5yXN EV76zCVEVudTd FTKCVssCCM rjLtdOUVdxYSDtBxBZ56VEVd ETohKC-
eud79J1rWgBoDFk54tyXbPQ2ZGJMCmVsShSbILfgbSGT2prBPuCzCXV1RB_HYOyeupKVRXBQSnD-
o7c8IfIYJt60agGdSuI3PWApmU6CQjg9KVKVIFRJygH13j_tB7-
0000eCv DfM I roAa MgQ_Tph_w09JdxwQsCNx K42 N Ew698ug 80n 1 b4PhOcIfS9 Ew48NQlg 82V Ew6Z4q Nd40gGJJ FCy05-
pBVwS_sT_3 EoSs8ENx4
970-963-2491
1
EXHIBIT
David Pesnichak
From: Morgan Hill
Sent: Tuesday, August 26, 2014 12:16 PM
To: David Pesnichak
Subject: Sunny Side Ranch Community Solar Garden
Flag Status: Flagged
Hi David,
I LI
My comments after reviewing the Sunny Side Ranch Community Solar Garden Major Impact Review are fairly limited as
this project does not appear to pose a significant impact to environmental health in its construction or operation. Public
Health supports the development of renewable energy in Garfield County as this aligns with statewide goals of
sustainability. Solar energy reduces the amount of pollution entering the air and water and is thus beneficial to the
community.
However, I did notice a few things:
couldn't find a specific "Impact Analysis" section of the application. There appears to be an examination of
visibility impacts in a number of different sections; however, no specific look at other nuisance conditions such
as dust or glare that could be generated as a result of the project. It does appear that adjacent land uses are
sparsely populated and that glare from the panels will not be a nuisance.
It also seems a little unclear as to the level of disturbance that will be occurring as a result of the project. While I
did see that it was unlikely that construction would necessitate any surface re -grading, there could be the
potential for fugitive dust to be generated during construction. Proper dust mitigation, such as use of water
trucks, should be utilized. Public Health also encourages the use of BMPs outlined in the Weed Management
and Revegetation Plan (section 16) to reduce dust after construction has been completed.
I would also like to participate in a site visit as well if the opportunity is still available. Thank you.
Morgai ;nee
Environmental Health Specialist III
Garfield County Public Health
195 W. 14th Street
Rifle, CO 81650
Phone: (970) 665-6383
Email: mhill@garfield-county.com
www.garfield-county.com/environmental-health
David Pesnichak
From: Tamra Allen
Sent: Wednesday, September 10, 2014 7:52 AM
To: David Pesnichak
Subject: Fwd: Website inquiry -Community Development
Solar project comments
Sent from any Verizon Wireless 4G LTE sinartplione
Original message
From: Susy Ellison
Date:09/10/2014 9:35 AM (GMT -05:00)
To: Fred Jarman ,Tamra Allen
Subject: Website inquiry -Community Development
i
EXHIBIT
Susy Ellison has sent you a message:
4003 County Road 100 Solar Project
970-963-0463
As an adjacent landowner (4474 County Road 100), I am writing to support the James' application for a 1.7 mW Solar 'Farm'. I
commend them for this project --it is an excellent use of that property and one that provides benefits to our entire community.
I ask you to approve this project but also ask that you require adherence to the recommendations made by Colorado Parks and Wildlife
concerning construction dates, dogs on site, and fencing issues.
In addition, I ask that a dust mitigation plan be created to address road and construction dust issues during and after construction. The
increase in vehicle traffic on a dirt/gravel road has the potential to create an omnipresent dust cloud. The project proponents should be
required to address this potential health issue.
This is a great project and one that can serve as an example of 'responsible' development in rural Garfield County. It will benefit us
all.
1
tlLffl
•• sees t3Rapirr
September 18, 2014
Mr. Richard Miller, AICP, Land Manager
Clean Energy Collective
3005 Center Green Drive, Suite 205
Boulder, CO 80301
EXHIBIT
1(1
1437 Larimer St.
Denver, CO 80202
720.473.3131
sean.ohearn@enertiacg.com
RE: Response to Mountain Cross Engineering Comment Letter dated August 13, 2014
CEC-Sunny Side Ranch Community Solar Garden: MIPA - 7900
Garfield County, Colorado
Dear Mr. Miller:
In an effort to address the Mountain Cross Engineering, Inc. comment letter on the referenced project,
Enertia Consulting Group (Enertia) would like to offer the following response.
Comment — The Applicant should address increased runoff and drainage from the impervious
areas created by the solar panels.
Response — The installation of the solar array (comprised of parallel rows of connected solar panels) will
not require clearing, grubbing or grading. Once installed, the vegetated ground surface beneath and
around the solar array will minimize the potential for erosion caused by precipitation falling off the panels.
As a result, existing on- site and off-site drainage characteristics are not expected to change. We've had
the opportunity to visually inspect several similar solar projects in Colorado during and after precipitation
events and have not observed local erosion caused by water shed from the solar panels. The attached
photographs taken at a Jefferson County, Colorado project constructed in May of this year illustrate the
vegetation beneath and around the arrays. After a spring and summer season with significant low
magnitude, high frequency precipitation events (e.g., 2 yr-24hr) and high magnitude, low frequency (e.g.,
25 yr-24hr) events, there are no apparent on-site or off-site drainage impacts at this and other solar
garden sites visually inspected by Enertia. Since the post construction vegetation characteristics of the
Garfield County site are expected to be similar to the Jefferson County site and since the solar array for
this project is a tracking system (rotating through the day to follow the sun's path), we fully expect that
existing on-site and off-site surface water runoff impacts will not change once the solar garden is
installed.
We trust that this response to the Mountain Cross Engineering comment is acceptable and complete.
Please contact me at sean.ohearnn@@enertiacct.com or (720) 473-3131 should you require additional
information.
Sincerely,
ENERTIA CONSULTING GROUP, LLC
J. Sean O'Hearn, PE, PG
Managing Partner
attachment
Post Construction Photographs
CEC Solar Energy Conversion System
West 56th Avenue, Jefferson County, CO
egg-4.45,-.$6,go:
s4e/
ismszatwom: :untwalirdwrozzat:;]....
ENERTIA
CONSULTING
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David Pesnichak
From: Chris Hale <chris@mountaincross-eng.com>
Sent: Tuesday, September 30, 2014 5:00 PM
To: David Pesnichak
Subject: RE: Response to Mountain Cross Engineering
David:
reviewed the response and it addressed my comment. No further comments were generated.
Thanks.
Sincerely,
Mountain Cross
Engineering, Inc.
Chris Hale, P.E.
826 1/2 Grand Avenue
Glenwood Springs, CO 81601
Ph: 970.945.5544
Fx: 970.945.5558
From: David Pesnichak [mailto:dpesnichak@garfield-county.com]
Sent: Friday, September 19, 2014 1:33 PM
To: Chris Hale
Subject: FW: Response to Mountain Cross Engineering
Hi Chris,
Please see the attached response to your comments for the Clean Energy Collective solar array near Carbondale. Please
let me know your thoughts.
Thanks,
Dave
David Pesnichak, AICP
Senior Planner
Garfield County
Community Development Department
108 8th St Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
doesnichak@garfield-county.com
http://www.garfield-county.com/community-development/
C--, Garfield County
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David Pesnichak
From: Richard Miller <richard.miller@easycleanenergy.com>
Sent: Thursday, September 25, 2014 9:50 AM
To: David Pesnichak; Chad Roach
Cc: Mark Zwieg
Subject: RE: Public Hearing Notice for BOCC - Clean Energy Collective
Hi David,
We contacted CPW after the Planning Commission public hearing to discuss the timing of the construction phase as it
relates to wildlife. Please see the e-mail string below for the response from Colorado Parks & Wildlife. It indicates that
they would like us to complete the heavy construction before December 1st, but, they doubted the construction would
have major impact on wildlife, and if necessary, they would consider extending beyond December 1st
We will coordinate with CPW if we see the heavy construction phase (driving piles and heavier truck traffic) going
beyond December 1st
Please let us know if you need anything else. I will bring the green certified mailer receipts to the hearing.
Thanks,
Richard
From: Velarde - DNR, Ron[mailto:ron.velarde@state.co.us]
Sent: Thursday, September 18, 2014 2:41 PM
To: Michelle Zimmerman
Subject: Fwd: Solar array near Carbondale
Hi Michelle,
As I thought, in discussion with Perry, we don't see any major issues, however we would ask you try and get the work
done by Dec. 1. 2014.
Call if you have any questions.
Ron
Forwarded message
From: Will - DNR, Perry <perrv.will@state.co.us>
Date: Thu, Sep 18, 2014 at 2:26 PM
Subject: Re: Solar array near Carbondale
To: "Velarde - DNR, Ron" <ron.velarde@state.co.us>
I do not have any issues, hopefully they can complete most of this prior to Dec.1, if not I seriously doubt it will have
major impacts, however some folks up that way are extremely sensitive to wildlife disturbance from these type
activities, so we have to answer the questions of why we are allowing extensions. Guess bottom line is Ron we would
work with them and allow an extension
From: David Pesnichak [mailto:dpesnichak@garfield-county.com]
Sent: Thursday, September 25, 2014 9:25 AM
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