HomeMy WebLinkAbout1.0 Application1529 Market Street, Suite 200
Denver, CO 80202
720•473•3131
sean.ohearn@enertiacg.com
January 19, 2016
Mr. Richard Miller, AICP - Land Manager
Clean Energy Collective
361 Centennial Parkway, Suite 300
Louisville, CO 80027
RE: Land Disturbance Calculation
Xcel-Garfield-BP Solar Energy Conversion System
35960 River Frontage Road, New Castle
Dear Mr. Miller:
This letter is intended to provide information regarding the need for Garfield County storm water
permitting and/or a CDPHE Construction Storm Water Discharge Permit for the Clean Energy
Collective (CEC) Xcel-Garfield-BP solar energy conversion system located on 7.2 acres at
35960 River Frontage Road, New Castle (the Project). The Project includes installation of:
tracker solar panels mounted on steel I-beam foundations; pad mounted transformer; inverters
attached to array rows; underground three phase electric transmission lines; a 15’ wide gravel
access drive with emergency turn around; and a perimeter fence with gate. Figure 1 illustrates
the proposed solar energy conversion system components.
Land Disturbance Activities
Site improvements include installation of solar energy conversion system components (solar
arrays, transformer/inverter and electric transmission) and an all-weather surface access drive.
Solar Energy Conversion System - The Project generally includes: a +/- 1 MW solar garden with
+/- 10,620 tracker solar panels mounted on steel I-beams, concrete pad mounted transformer,
inverters mounted above ground at the end of array rows, an access drive with emergency turn
around and perimeter fence with gate. Since the existing ground surface is relatively flat (1-2
percent grade from north to south across the 7.2 acre site), the Project generally does not
require clearing, grubbing or grading of the existing ground surface.
Access Driveway – An all-weather, +/- 380 linear foot gravel surface access drive (15’ wide) will
extend from an existing gravel driveway off River Frontage Road, south along the western
perimeter of the Project. The access drive components (4” Class 5 or 6 gravel placed over 8”
aggregate base course recommended) will be placed over the existing ground surface and shall
be capable of handling a load of 85,000 lbs. Given that there isn’t a drainage swale along River
Frontage Road in the vicinity of the Project, a driveway culvert will not be required.
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Xcel - Garfield - BP
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REVISIONS
REV BY DATE DESCRIPTION
0 SMD 6/24/2015 Preliminary Layout
1 SMD 9/22/2015 Revised layout to reflect 997 kW-AC, 1.168 MW-DC
2 PJD 1/18/2016 Racking and Site Location
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NOTES:xALL DIMENSIONS ARE APPROXIMATE AND SUBJECTTO FINAL SURVEY, EQUIPMENT AND DESIGN.xPROPERTY SETBACKS ARE ANTICIPATED ANDSHOULD BE VERIFIED PRIOR TO FINAL DESIGN.xTREE CLEARING MAY BE REQUIRED IN AND AROUNDTHE ARRAY TO LIMIT MODULE SHADING.Scale: 1" = 100'SITE PLAN1 TRACKING PV ARRAY (TYP)TRANSFORMER, ACSWITCHGEAR AND DAS GARFIELD BP - P.O.C.C.18' WIDE ACCESS RD OVERHEAD PV TRANSMISSIONUNDERGROUND PV TRANSMISSION
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1
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Water Quality Control Division – Stormwater Program
Page 1 of 10 Revised 7/07
STORMWATER FACT SHEET – CONSTRUCTION
Contact information
Colorado Department of Public Health and Environment
Water Quality Control Division – Stormwater Program
WQCD-Permits-B2
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
Telephone: (303) 692-3517
Email: cdphe.wqstorm@state.co.us
Web Page: www.cdphe.state.co.us/wq/PermitsUnit
Contents
A. Introduction...................................................................1
B. Obtaining Regulatory Coverage...................................2
1. Do you need a Permit?...........................................2
a. Applying for a Permit.......................................3
b. Options: Small Construction Sites..................3
i. Qualifying Local Programs ........................3
ii. R-Factor Waiver..........................................3
2. Who May Apply? ...................................................3
C. Permit Requirements....................................................4
D. Local Stormwater Requirements.................................5
E. Amending Your Permit Certification..........................5
F. Ending Your Permit Coverage.....................................5
G. Multiple Owner/Developer Sites ..................................6
1. Permit Coverage.....................................................6
2. Permit Compliance.................................................8
H. Sale of Residence to Homeowners................................9
I. Construction Dewatering ............................................10
J. Concrete Washout.......................................................10
A. INTRODUCTION
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In 1992, the State of Colorado stormwater regulation went into effect to control municipal and industrial stormwater
discharges, based on EPA regulations. The regulation is meant to reduce the amount of pollutants entering streams,
rivers, lakes, and wetlands as a result of runoff from residential, commercial and industrial areas. The State regulation
(5 CCR 1002-61) covers discharges from specific types of industries including construction sites, and storm sewer
systems for certain municipalities. In Colorado, the program is under the Colorado Department of Public Health &
Environment, Water Quality Control Division (the Division). The Colorado program is referred to as the Colorado
Discharge Permit System (CDPS), and regulated stormwater discharges from construction activities are covered under
the CDPS General Permit for Stormwater Discharges Associated with Construction Activities (the Stormwater
Construction Permit).
Construction activities produce many different kinds of pollutants which may cause stormwater contamination
problems. The main pollutant of concern at construction sites is sediment. Grading activities remove grass, rocks,
pavement and other protective ground covers, resulting in the exposure of underlying soil to the elements. The soil is
then easily picked up by wind and/or washed away by rain or snowmelt. Sediment runoff rates from construction sites
are typically 10 to 20 times greater than those from agricultural lands, and 1,000 to 2,000 times greater than those from
forest lands. During a short period of time, construction activity can contribute more sediment to streams than would
normally be deposited over several decades, causing physical, chemical, and biological harm to our State’s waters. The
added sediment chokes the river channel and covers the areas where fish spawn and plants grow.
Water Quality Control Division – Stormwater Program www.cdphe.state.co.us/wq/permitsunit
Page 2 of 10 Revised 7/07
Excess sediment can cause a number of other problems for waterbodies, such as increased difficulty in filtering drinking
water, and clouding the waters, which can kill plants growing in the river and suffocate fish. A number of pollutants,
such as nutrients, are absorbed onto sediment particles and also are a source of pollution associated with sediment
discharged from construction sites.
In addition, construction activities often require the use of toxic or hazardous materials such as fuel, fertilizers,
pesticides and herbicides, and building materials such as asphalt, sealants and concrete, which may also pollute
stormwater. These materials can be harmful to humans, plants and aquatic life.
This Fact Sheet provides general guidance for compliance with the CDPS permitting requirements for stormwater
discharges from construction activities. The Division reserves the right to interpret the permitting requirements on a
case-by-case basis, as necessary.
B. OBTAINING REGULATORY COVERAGE FOR CONSTRUCTION SITES
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ddiissttuurrbb aatt lleeaasstt 11 aaccrree))..
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1) Do you need to obtain coverage under the Stormwater Construction Permit?
Construction Sites that disturb one acre or greater, or are part of a larger common plan of development disturbing
one acre or greater, are covered under Colorado’s stormwater permitting requirements. Generally, permit coverage
is required, as discussed in Part B.1.a, below. However, additional options may exist if your project or plan of
development will disturb less than 5 acres (Small Construction Site), as discussed in Part B.1.b, below. If permit
coverage is required, or a waiver applied for, it must be maintained until the site is finally stabilized.
Is it part of a larger common plan of development or sale?
“A common plan of development or sale” is a site where multiple separate and distinct construction activities may be
taking place at different times on different schedules. Examples include: 1) phased projects and projects with multiple
filings or lots, even if the separate phases or filings/lots will be constructed under separate contracts or by separate
owners (e.g., a project where developed lots are sold to separate builders); 2) a development plan that may be phased
over multiple years, but is still under a consistent plan for long-term development; and 3) projects in a contiguous area
that may be unrelated but still under the same contract, such as construction of a building extension and a new parking
lot at the same facility. If the project is part of a common plan of development or sale, the disturbed area of the
entire plan must be used in determining permit requirements.
Disturbance associated with utilities, pipelines, or roads that are constructed for the purpose of serving a facility, are
considered together with that facility to be part of a common plan of development. However, adjacent construction of trunk
lines or roads that are part of a regional network and not directly associated with the facility construction, are not usually
considered to be part of the common plan for that facility. Note that permit coverage or an R-Factor waiver is still required
for each individual project (facility or adjacent construction activity) that disturbs one or more acres.
What is the total estimated area of disturbance?
The area of disturbance is the total area at the site where any construction activity is expected to result in disturbance of
the ground surface. This includes any activity that could increase the rate of erosion, including, but not limited to,
clearing, grading, excavation, and demolition activities, installation of new or improved haul roads and access roads,
staging areas, heavy vehicle traffic areas, stockpiling of fill materials, and borrow areas. Construction does not include
routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility.
“Finally Stabilized” means that all ground surface disturbing activities at the site have been completed, and all
disturbed areas have been either built on, paved, or a uniform vegetative cover has been established with an individual
plant density of at least 70 percent of pre-disturbance levels, or equivalent permanent, physical erosion reduction
methods have been employed. Re-seeding alone does not qualify.
Water Quality Control Division – Stormwater Program www.cdphe.state.co.us/wq/permitsunit
Page 3 of 10 Revised 7/07
a) Applying for a permit
Application for coverage under the Stormwater Construction Permit must be made at least 10 days prior to the
start of construction activities, unless the site is a Small Construction Site that qualifies for an alternative option
discussed in B.1.b, below. An application, which includes guidance on developing a Stormwater Management
Plan (SWMP), is available from the Division. The SWMP must be completed prior to application. See Section
C, “Permit Requirements,” for further information. If your application is complete, it will be processed and your
permit certification mailed to you.
The Stormwater Construction Permit certification must be inactivated once the site has been finally stabilized, in
order to end permit coverage and billing. An inactivation form is supplied with the permit certification.
b) Additional Options for Small Construction Sites (at least 1 acre, but less than 5 acres of disturbance)
The following options may apply to Small Construction Sites that disturb less than 5 acres, and are not part of a
larger common plan of development exceeding 5 acres.. (Regardless of which option applies at the State level,
all local requirements must still be met as discussed in Section D, below.)
The options discussed under Parts b.i and b.ii below are not available for Large Construction Sites.
i) Obtain coverage under a State-designated Qualifying Local Program
(Available for Small Construction Sites only)
The Division may designate a local municipality’s stormwater quality control program as a Qualifying Local
Program. This means that the local program’s requirements are at least as stringent as the State permit. In
this case, it is not required for the owner or operator to apply for permit coverage under the Stormwater
Construction Permit. The local municipality will be responsible for notifying you that you do not need to
apply for State coverage, if this is an option. You can also view a list of the few municipalities with
Qualifying Local Programs at the Division’s web page (see first page for web address).
The local program must have been formally designated by the Division to qualify. Most municipalities have
some type of local program and may require permits and fees. However, simply having a local program in
place does not necessarily mean that it is a qualifying program and that the Division’s Stormwater
Construction Permit application is not required.
ii) Apply for coverage under the R-Factor Waiver
(Available for Small Construction Sites only)
The R-Factor waiver allows a site owner or operator to apply for a waiver from coverage under the
Division’s Stormwater Construction Permit, if the R-Factor, calculated using the State-approved method, is
less than 5 during the period of construction. The R-Factor is a way to measure erosion potential based on
the length of the project and time of year. An application with instructions for using the State-approved
method is available from the Division’s web page (see first page for web address).
In general, the only projects that will qualify for the waiver are projects that are completely stabilized
within a month or two after the start of construction. That means that projects relying on seeding for
revegetation will usually not qualify for the waiver, because the vegetation must be established before the
site is considered stabilized. During the spring and summer months, when Colorado experiences the bulk of
its rainfall, many projects will not qualify at all for the waiver. In addition, the Division will not grant
waivers for construction sites located in areas where snow cover exists at, or up gradient of, the site for
extended periods of time, if the construction site will potentially remain active and unstabilized during
spring runoff.
This waiver does not relieve the operator or owner from complying with the requirements of local agencies,
such as meeting local stormwater quality requirements, including those required by a Qualifying Local
Program as discussed in Section B.1.b.i, above.
Water Quality Control Division – Stormwater Program www.cdphe.state.co.us/wq/permitsunit
Page 4 of 10 Revised 7/07
2) Who may apply for permit coverage?
The Permit applicant must be a legal entity that meets the definition of the owner and/or operator of the construction
site, in order for this application to legally cover the activities occurring at the site. The applicant must have day-to-
day supervision and control over activities at the site and implementation of the SWMP. Although it is acceptable
for the applicant to meet this requirement through the actions of a contractor, as discussed in the examples below,
the applicant remains liable for violations resulting from the actions of their contractor and/or subcontractors.
Examples of acceptable applicants include:
• Owner or Developer - An owner or developer who is operating as the site manager or otherwise has supervision
and control over the site, either directly or through a contract with an entity such as those listed below.
• General Contractor or Subcontractor - A contractor with contractual responsibility and operational control
(including SWMP implementation) to address the impacts construction activities may have on stormwater
quality.
• Other Designated Agents/Contractors - Other agents, such as a consultant acting as construction manager
under contract with the owner or developer, with contractual responsibility and operational control (including
SWMP implementation) to address the impacts construction activities may have on stormwater quality.
An entity conducting construction activities at a site may be held liable for operating without the necessary permit
coverage if the site does not have a permit certification in place that is issued to an owner and/or operator. For
example, if a site (or portion of a site) is sold or the contractor conducting construction activities changes, the site’s
permit certification may end up being held by a permittee (e.g., the previous owner or contractor) who is no longer
the current owner and/or operator. In this case, the existing permit certification will no longer cover the new
operator’s activities, and a new certification must be issued, or the current certification transferred. See Section F,
below, for additional guidance on scenarios with multiple owners and/or operators.
Utilities, Other Subcontractors, etc.: A separate permit certification is not needed for subcontractors, such as
utility service line installers, where the permittee or their contractor is identified as having the operational control to
address any impacts the subcontractor’s activities may have on stormwater quality. Although separate permit
coverage may not be needed in some cases, these entities are not exempt from the stormwater regulations for all of
their projects and may still be held liable if their activities result in the discharge of pollutants.
Leases: When dealing with leased land or facilities, the lessee shall be considered the “owner” for the purposes of
stormwater permitting if they are responsible for the activities occurring at the site.
C. PERMIT REQUIREMENTS
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ooff aa SSttoorrmmwwaatteerr MMaannaaggeemmeenntt PPllaann ((SSWWMMPP)).. TThhee ppeerrmmiitt aapppplliiccaattiioonn iinncclluuddeess gguuiiddaannccee tthhaatt mmuusstt bbee
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The Stormwater Construction Permit requires dischargers to control and eliminate the sources of pollutants in
stormwater through the development and implementation of a Stormwater Management Plan (SWMP). The purpose of
a SWMP is to identify possible pollutant sources that may contribute pollutants to stormwater, and identify Best
Management Practices (BMPs) that, when implemented, will reduce or eliminate any possible water quality impacts.
For construction activities, the most common pollutant source is sediment. Other pollutant sources include fuels,
fueling practices and chemicals/materials stored on site, concrete washout, etc. BMPs encompass a wide range of
practices, both structural and non-structural in nature, and may include silt fence, sediment ponds, vehicle tracking
controls, good housekeeping, inspection and maintenance schedules, training, etc.
The SWMP is not submitted with the permit application unless requested. An up-to-date copy of the SWMP must be
kept on site, for use by the operator, and so that Division, EPA, or local inspectors can review it during an inspection.
If an office location is not available at the site, the SWMP must be managed so that it is available at the site when
construction activities are occurring (e.g., by keeping the SWMP in a superintendent’s vehicle.)
Further information concerning the contents of the SWMP can be found in Appendix A of the application, “Preparing a
Stormwater Management Plan.” This document and others can be obtained from the Division’s web site or by
contacting the Division (see first page for address information).
Water Quality Control Division – Stormwater Program www.cdphe.state.co.us/wq/permitsunit
Page 5 of 10 Revised 7/07
D. LOCAL STORMWATER REQUIREMENTS FOR CONSTRUCTION
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In addition to the requirement to obtain and comply with the Division’s Stormwater Construction Permit, it is possible
that additional government agencies (i.e., cities, counties, and special districts) may impose local requirements to
control the discharge of pollutants from construction activities. An owner or operator of a construction activity must
comply with the Stormwater Construction Permit requirements discussed in this Fact Sheet, even if they are also
covered by a local program’s requirements. (However, in the case of a Qualifying Local Program, as discussed in
Section B.1.b.ii, some administrative requirements for the Stormwater Construction Permit may be simplified.)
Likewise, the Stormwater Construction Permit does not pre-empt or supersede the authority of local agencies to
prohibit, restrict, or control discharges of stormwater. Where a local program places additional restrictions on
stormwater management at a construction site within its jurisdiction, the owner/operator must comply with those stricter
requirements in addition to the Division’s permitting requirements. For example, although the Division allows several
options for permitting at multiple owner/operator sites, a local authority may restrict these options and require specific
procedures to be followed for who maintains permit coverage and authority for stormwater discharges.
MS4 Permits
Many cities, counties, and special districts are covered by a Municipal Separate Storm Sewer System (MS4)
permit. These permits require the governmental entity to implement various programs to improve stormwater
quality in their jurisdiction. Included in these permits is the requirement to implement a program to manage the
discharge of pollutants from construction sites within their jurisdiction. Therefore, if a construction site located
within the jurisdiction of one of these government entities does not properly manage stormwater at that site, the
government entity may be in violation of their permit in addition to the construction site owner and operator.
E. AMENDING YOUR PERMIT CERTIFICATION
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iinnffoorrmmaattiioonn..
If the information provided by the permittee in their two-page application form is no longer accurate, the permittee
must provide the revised information to the Division. This includes such items as the planned total disturbed acreage,
and the project legal description or map originally submitted with the application. (Note: it is not necessary to revise the
anticipated final stabilization date, since the information provided was only an estimate.) To revise this information,
provide a letter to the Division’s Stormwater Program (see the contact information on page 1) that includes the revised
information. The Division will not respond to this letter, so you are advised to obtain delivery confirmation from your
postal service to confirm receipt.
When the Stormwater Management Plan is revised, as required by the Stormwater Construction Permit, it is not
necessary to notify the Water Quality Control Division. When BMPs or other site details discussed in the SWMP are
modified, the SWMP must be updated to accurately reflect the actual field conditions. Examples include, but are not
limited to, removal of BMPs, addition of BMPs, modification of BMP design specifications, and changes in items
included in the site map and/or description. However, this information is not submitted to the Division, unless
requested.
F. ENDING YOUR PERMIT COVERAGE
AA SSttoorrmmwwaatteerr CCoonnssttrruuccttiioonn PPeerrmmiitt cceerrttiiffiiccaattiioonn rreemmaaiinnss aaccttiivvee uunnttiill iinnaaccttiivvaatteedd,, oorr ttrraannssffeerrrreedd oorr
rreeaassssiiggnneedd ttoo aa nneeww rreessppoonnssiibbllee ppaarrttyy.. FFoorrmmss ffoorr iinnaaccttiivvaattiioonn,, ttrraannssffeerr oorr rreeaassssiiggnnmmeenntt ooff aa ppeerrmmiitt
cceerrttiiffiiccaattiioonn ccaann bbee oobbttaaiinneedd ffrroomm tthhee DDiivviissiioonn’’ss wweebb ssiittee oorr bbyy ccoonnttaaccttiinngg tthhee DDiivviissiioonn ((sseeee ffiirrsstt ppaaggee ffoorr
aaddddrreessss iinnffoorrmmaattiioonn))..
Water Quality Control Division – Stormwater Program www.cdphe.state.co.us/wq/permitsunit
Page 6 of 10 Revised 7/07
1) Inactivation notice
Permit coverage for a site that has been finally stabilized in accordance with the SWMP (see definition in Section
B.1, above), may be inactivated by submitting a completed Inactivation Notice form. This form contains a
certification statement that must be signed in accordance with the General Requirements of the permit.
Also, the permittee may inactivate permit coverage at sites where all areas have been removed from their permit
coverage, by one or more of the methods below:
• reassignment of permit coverage (see Section F.3);
• sale to homeowner(s) (see Section H); and/or
• amendment by the permittee, as discussed in Section E, above for areas where permit coverage has been
obtained by a new operator (see Part G.1, below) or the area is returned to agricultural use (see the Division’s
Oil and Gas Construction Fact Sheet).
In these cases the permittee would no longer have any land covered under their permit certification, and therefore
there would be no areas remaining to finally stabilize. Submittal of an Inactivation Notice is still required and must
discuss how the above conditions have been met.
2) Transfer of permit
Permit coverage for a construction site may be transferred to a new entity when responsibility for stormwater
discharges at the site changes from the permittee to the new entity. To transfer permit coverage, the permittee must
submit a completed Notice of Transfer and Acceptance of Terms form that is signed in accordance with the
General Requirements of the permit.
If the new entity will not complete their portion of the transfer form, the permit certification may be inactivated if
the permittee has no legal responsibility for the construction activities at the site, requests inactivation in written
correspondence to the Division, and submits a completed Inactivation Notice form.
3) Reassignment of permit
Permit coverage for a specific portion of a permitted site may be reassigned to a new entity when a permittee no
longer has control of that portion of the site, and wishes to transfer coverage of that portion to a second party. To
reassign permit coverage for a specific portion of a permitted site, the permittee must submit a completed Notice of
Reassignment of Permit Coverage form that is signed in accordance with the General Requirements of the permit.
If the new entity will not complete their portion of the reassignment form, the specific portion of the site may be
removed from permit coverage if the permittee has no legal responsibility for the construction activities at the
portion of the site, and a written request (including contact information for the new entity) is submitted to the
Division.
G. PERMITTING FOR DEVELOPMENTS WITH MULTIPLE OWNERS AND/OR OPERATORS
FFoorr ssiittuuaattiioonnss wwhheerree mmuullttiippllee eennttiittiieess mmeeeett tthhee ddeeffiinniittiioonn ooff oowwnneerrss aanndd//oorr ooppeerraattoorrss ffoorr ddiiffffeerreenntt
ppoorrttiioonnss ooff aa ddeevveellooppmmeenntt ((ee..gg..,, aa ssiinnggllee ddeevveellooppmmeenntt wwiitthh mmuullttiippllee lloottss bbeeiinngg oowwnneedd aanndd ooppeerraatteedd bbyy
sseeppaarraattee eennttiittiieess)),, eexxttrraa ccaarree mmuusstt bbee ttaakkeenn ttoo eennssuurree tthhaatt pprrooppeerr ppeerrmmiitt ccoovveerraaggee iiss mmaaiinnttaaiinneedd aanndd tthhaatt
ssttoorrmmwwaatteerr mmaannaaggeemmeenntt pprraaccttiicceess aarree ccoorrrreeccttllyy ddooccuummeenntteedd aanndd iimmpplleemmeenntteedd..
Local stormwater quality programs may have differing requirements for who must maintain permit coverage, and what
actions must occur when permitted areas and/or activities change. Construction site owners and operators must ensure
that their actions do not result in violations of local program requirements. Refer to Section D for additional
information.
1) Permit Coverage for Multiple Owner/Operator Development
WWhheenn aa ppoorrttiioonn ooff aa ppeerrmmiitttteedd ssiittee iiss ssoolldd ttoo aa nneeww oowwnneerr,, aa ppeerrmmiitt cceerrttiiffiiccaattiioonn mmuusstt bbee iinn ppllaaccee tthhaatt iiss
hheelldd bbyy aann eennttiittyy mmeeeettiinngg tthhee ddeeffiinniittiioonn ooff oowwnneerr aanndd//oorr ooppeerraattoorr ooff tthhee ssoolldd aarreeaa ((sseeee tthhee ddiissccuussssiioonn iinn
SSeeccttiioonn BB..22,, aabboovvee)).. TThhiiss mmaayy bbee aaccccoommpplliisshheedd iinn oonnee ooff tthhee ffoolllloowwiinngg wwaayyss::
Water Quality Control Division – Stormwater Program www.cdphe.state.co.us/wq/permitsunit
Page 7 of 10 Revised 7/07
a) Coverage Under the Existing Certification – Activities at the sold area may continue to be covered under an
existing permit certification for the project if the current permittee meets the definition of operator for the sold
area. To meet the definition of operator, the current permittee must have contractual responsibility and
operational control to address the impacts that construction activities at the sold area may have on stormwater
runoff (including implementation of the SWMP for the sold area). Therefore, a legally binding agreement must
exist assigning this responsibility to the current permit holder on behalf of the new owner and/or operator for the
sold area. It is not necessary to notify the Division in such case. However, documentation of the agreement
must be available upon request, and the SWMP must be maintained to include all activities covered by the
Stormwater Construction Permit.
Example: Developer Dan sells a lot to Builder Bob. Developer Dan is currently covered by a permit
certification that covers a larger area, which includes the sold lot. Developer Dan and Builder Bob may enter
into a contract that assigns the responsibility for permit coverage and stormwater management to Developer Dan
for Builder Bob’s lot. Developer Dan is also responsible for making sure his SWMP includes the activities on
the sold lot. Developer Dan’s permit certification will continue to cover construction activities on Builder Bob’s
lot.
b) New Certification Issued – Reassignment – A new permit certification may be issued to the new owner and/or
operator of the sold area. The existing permittee and the new owner and/or operator must complete the
Reassignment Form (available from the Division’s web page, see page 1) to remove the sold area from the
existing permit certification and cover it under a certification issued to the owner and/or operator of the sold
area. Both entities must have SWMPs in place that accurately reflect their current covered areas and activities.
Example: Developer Dan sells a lot to Builder Bob. Developer Dan is currently covered by a permit
certification that covers a larger area, which includes the sold lot. For this example, Developer Dan and Builder
Bob must jointly submit the Reassignment Form. Builder Bob will be issued a new permit certification for his
lot and the lot will be removed from Developer Dan’s permit coverage. Prior to submittal of the Reassignment
Form, Developer Dan must revise his SWMP to reflect the changes in his covered area and activities, and
Builder Bob must develop his own SWMP to cover the area and activities he will obtain coverage for.
c) Amend Existing Permit Certifications – In some cases, both parties (the original owner/operator and the new
owner/operator of an area undergoing transfer of ownership or operation) will already both be permit holders for
their portions of the overall project (i.e., at least two permit certifications are issued for the project and cover
both the party wishing to reassign coverage and the party wishing to accept coverage). When an additional area
is transferred between the two parties, the permittees may simply amend their permit certifications instead of
completing the Reassignment Form. Both parties must separately complete the procedures discussed in Section
E to amend their permit coverage, removing the applicable area(s) from the original owner/operator’s permit
coverage, and adding the area(s) to the new owner/operator’s permit coverage. The requests must cite both
permit certification numbers. (Note: this request may be submitted jointly if it is signed by both entities.)
This option will likely be used in cases where a developer and an owner have already submitted a Reassignment
Form, as discussed in Part b, above, where an initial transfer of lots has occurred, and then additional lots are
transferred at a later date. Both entities must have SWMPs in place that accurately reflect their current covered
areas and activities.
Example: Developer Dan sells a lot to Builder Bob. Developer Dan is currently covered by a permit
certification that covers a larger area, which includes the sold lot. In addition, Builder Bob also holds a permit
certification for other portions of the development which he already owns, and Builder Bob wishes to cover his
new lot under this certification. Developer Dan submits a request to remove the lot from his permit certification
and provides Builder Bob’s permit certification number that the lot will now be covered under. Builder Bob
also submits a request to modify his permit certification to add the lot, and provides Developer Dan’s permit
certification number under which the lot was previously covered. Developer Dan and Builder Bob must revise
their SWMPs to reflect the changes in their covered area and activities.
Water Quality Control Division – Stormwater Program www.cdphe.state.co.us/wq/permitsunit
Page 8 of 10 Revised 7/07
2) Permit Compliance for Multiple Owner/Operator Development
AAss aa ppeerrmmiitttteeee,, tthhee mmoosstt iimmppoorrttaanntt ccoonncceepptt ffoorr pprroojjeeccttss wwhheerree mmuullttiippllee eennttiittiieess aarree iinnvvoollvveedd iiss:: iiff
aaccttiivviittiieess wwiitthhiinn yyoouurr ppeerrmmiitttteedd aarreeaa rreessuulltt iinn ppoolllluuttiioonn ooff ssttoorrmmwwaatteerr,, yyoouu aarree tthhee eennttiittyy rreessppoonnssiibbllee ffoorr
eennssuurriinngg tthhaatt tthhoossee ppoolllluuttaannttss aarree pprrooppeerrllyy mmaannaaggeedd..
PPeerrmmiitttteeeess aarree rreessppoonnssiibbllee ffoorr ccoommppllyyiinngg wwiitthh tthhee SSttoorrmmwwaatteerr CCoonnssttrruuccttiioonn PPeerrmmiitt rreeqquuiirreemmeennttss ffoorr tthhee
aarreeaass aanndd aaccttiivviittiieess ffoorr wwhhiicchh tthheeyy hhaavvee ppeerrmmiitt ccoovveerraaggee,, aanndd ffoorr aallll BBMMPPss tthheeyy aarree rreellyyiinngg oonn ttoo ccoommppllyy
wwiitthh tthhee ppeerrmmiitt.. PPrrooppeerrllyy aaddddrreessssiinngg aanndd ddooccuummeennttiinngg tthhee rreessppoonnssiibbiilliittyy ooff vvaarriioouuss ppaarrttiieess aatt aa
ccoonnssttrruuccttiioonn ssiittee wwiillll hheellpp pprrootteecctt aann eennttiittyy ffrroomm lliiaabbiilliittyy iinn tthhee ccaassee wwhheerree aannootthheerr ppaarrttyy’’ss aaccttiioonnss rreessuulltt
iinn ffaaiilluurree ooff BBMMPPss..
a) Pollutants from Outside the Permitted Area:
AA ppeerrmmiitttteeee mmaayy bbee hheelldd lliiaabbllee ffoorr ppoolllluuttaannttss tthhaatt ppaassss iinnttoo aanndd aarree tthheenn ddiisscchhaarrggeedd ffrroomm tthheeiirr ppeerrmmiitttteedd
aarreeaa oorr tthhaatt rreessuulltt ffrroomm aannootthheerr eennttiittyy’’ss aaccttiivviittiieess.. SSppeecciiffiiccaallllyy,, aa ppeerrmmiitttteeee mmaayy hhaavvee rreessppoonnssiibbiilliittyy ttoo
eennssuurree pprrooppeerr iimmpplleemmeennttaattiioonn ooff BBMMPPss ttoo ccoonnttrrooll ssttoorrmmwwaatteerr ddiisscchhaarrggeess ffrroomm tthheeiirr ppeerrmmiitttteedd aarreeaa,, eevveenn
iiff aannootthheerr eennttiittyy iiss ccoonnttrriibbuuttiinngg ppoolllluuttaannttss..
The Stormwater Construction Permit requires the permittee to ensure the implementation of BMPs which will be
used to control the pollutants in stormwater discharges associated with construction activity from their permitted
area. Therefore, a permittee may be responsible for adequately implementing and maintaining BMPs that are
providing treatment for pollutants originating outside of their permitted area or from another entity’s activities.
An example is when a permittee’s property is being used by a separate entity for construction activities (e.g.,
loading and unloading, site access, materials storage, etc.), or BMPs located on the permittee’s property are
being relied on to treat stormwater runoff from another site.
This scenario is common when a developer sells off lots to a builder. As a practical matter, what most often
occurs is that the developer must allow the builder to use the developer’s infrastructure (e.g., roads, storm
drains, ponds, etc.) for activities and BMPs that cannot realistically be limited to the builder’s property. In this
case, the developer remains a liable party (in addition to the builder) to ensure that proper stormwater
management is implemented for the project. Permit coverage may instead be assigned to the builder for this
infrastructure, if the builder has been designated as the operator of the area for stormwater quality purposes (See
Section B.2). However, this may not always be practical when multiple builders are operating in an area or
when the developer is still performing their own construction activities.
Refer to the Liability and Example sections, below, for further guidance.
b) BMPs Located Outside the Permitted Area:
IIff aa ppeerrmmiitttteeee wwiillll bbee rreellyyiinngg oonn BBMMPPss tthhaatt aarree oouuttssiiddee ooff tthhee aarreeaa tthheeyy oowwnn aanndd//oorr ooppeerraattee,, tthhee ssppeecciiffiicc
aaccttiioonnss lliisstteedd bbeellooww mmuusstt bbee ttaakkeenn ttoo eennssuurree ccoommpplliiaannccee wwiitthh tthhee SSttoorrmmwwaatteerr CCoonnssttrruuccttiioonn PPeerrmmiitt.. TThhee
ppeerrmmiitttteeee iiss rreessppoonnssiibbllee ffoorr eennssuurriinngg tthhee pprrooppeerr mmaannaaggmmeenntt aallll ppoolllluuttaannttss ffrroomm tthheeiirr ppeerrmmiitttteedd aarreeaa..
EEvveenn iiff tthhee BBMMPP aarree iimmpplleemmeenntteedd bbyy aannootthheerr ppaarrttyy,, tthhee ppeerrmmiitttteeee mmaayy ssttiillll bbee lliiaabbllee iiff tthheeiirr ppoolllluuttaannttss
aarree eevveennttuuaallllyy ddiisscchhaarrggeedd..
The permittee is responsible for ensuring the operation and maintenance of all BMPs that are used to control
pollutants that originate from their activities, even if the BMPs are located outside of the area owned and/or
operated by the permittee. For example, a builder may only have ownership of a single lot, but may have to rely
on BMPs that are located off of their lot and on a developer’s property to adequately manage stormwater runoff,
such as inlet protection that is on the developer’s streets. If a permittee will rely on BMPs that are outside the
area that they own and/or operate, the following measures must be taken:
i) Any off-site BMPs must be documented in the permittee’s SWMP. This includes structural BMPs (e.g.,
inlet protection and sediment ponds) and non-structural BMPs (e.g., concrete wash out areas and street
sweeping). By including the BMPs in the SWMP, the permittee can effectively include the practices under
their permit coverage. In such cases, the same off-site BMPs may actually be included in two or more
parties’ SWMPs.
Water Quality Control Division – Stormwater Program www.cdphe.state.co.us/wq/permitsunit
Page 9 of 10 Revised 7/07
ii) The permittee must have adequate permission from the land and/or BMP owner(s) to utilize the off-site
conveyances and BMPs and to ensure proper maintenance and operation. The permittee must be able to
provide evidence of this agreement upon request.
iii) The off-site BMPs must be operated and maintained in accordance with the SWMP(s) and must control the
discharge of pollutants. It may be necessary to enter into agreements with other parties to ensure operation
and maintenance of these BMPs. Regardless of who actually carries out the operation and maintenance of a
BMP, all permittees who make use of the BMP to control pollutants from their construction activities remain
liable if the BMP is not adequately operated and maintained.
iv) All BMPs must be located prior to discharge to surface waters or municipally-owned storm sewer systems.
Liability: In the above examples, to reduce liability, the developer and builder should communicate on
stormwater management issues and document who will be responsible for specific BMPs (e.g., who will
maintain inlet protection and implement street sweeping). If BMPs are not being adequately implemented by
the party defined as responsible, the other party should take the necessary action to ensure pollutants originating
from, or passing through, their permitted area are properly controlled. It is recommended that stormwater
management responsibilities be addressed in contracts or other legal agreements between applicable owners and
operators for construction sites where one party’s actions may impact another party’s permit compliance. These
legal agreements will both help define roles and responsibilities at a multi owner/operator site, and also may be
used to seek damages from a contractor if monetary penalties are issued to a permittee for permit violations.
Example: Developer Dan sells a lot to Builder Bob. Following the procedures discussed in Section G.1.b or c,
above, Builder Bob obtains separate permit coverage for his new lot, ending at the curb line. Because the site
infrastructure is being utilized by several different builders at the project, Developer Dan maintains permit
coverage for the streets, storm drain system, and a large retention pond that is designed and implemented as a
BMP to manage pollutants from construction activities at the development (including Builder Bob’s lot). In
addition to the large pond, inlet protection is also being used to protect storm sewer inlets located on Developer
Dan’s roads, and street sweeping is occurring to control sediment tracked onto Developer Dan’s roads.
Builder Bob is relying on the pond, inlet protection, and street sweeping to manage pollutants from his lot, and
therefore has included the BMPs in his SWMP, as discussed in Section G.2.b, above. The BMPs are also
included in Developer Dan’s SWMP because they are being used to control pollutants from property he still
maintains control over, as discussed in Section G.2.a, above. In addition, Developer Dan and Builder Bob enter
into a contract that clearly defines Developer Dan as being responsible for implementing and maintaining the
infrastructure BMPs (i.e., the pond, inlet protection, and street sweeping BMPs), and requires Builder Bob to
implement additional BMPs on his lots, such as vehicle tracking control and construction waste management.
If the infrastructure BMPs are not properly operated and maintained, or discharges of sediment and/or other
pollutants from Builder Bob’s lot are not properly controlled and overwhelm the infrastructure BMPs, both
Developer Dan and Builder Bob may be in violation of their permits. Therefore, Builder Bob and Developer
Dan must both remain diligent in ensuring that conditions of their contract are being met and BMPs operated by
both parties continue to be implemented in accordance with their SWMPs.
H. SALE OF RESIDENCE TO HOMEOWNERS
RReessiiddeennttiiaall lloottss tthhaatt hhaavvee bbeeeenn ccoonnvveeyyeedd ttoo aa hhoommeeoowwnneerr aanndd tthhaatt mmeeeett tthhee ssppeecciiffiicc ccrriitteerriiaa bbeellooww ddoo nnoott
rreeqquuiirree ccoovveerraaggee uunnddeerr tthhee SSttoorrmmwwaatteerr CCoonnssttrruuccttiioonn PPeerrmmiitt..
In this case, the conveyed lot may be removed from coverage under the permittee’s certification, and the permittee is no
longer responsible for meeting the terms and conditions of this permit for the conveyed lot, including the requirement to
transfer or reassign permit coverage. The permittee remains responsible for eventual inactivation of the original
certification (see Part F, above). The criteria for these lots are as follows:
Water Quality Control Division – Stormwater Program www.cdphe.state.co.us/wq/permitsunit
Page 10 of 10 Revised 7/07
1) The lot has been sold to the homeowner(s) for private residential use;
2) the lot is less than one acre of disturbed area;
3) all construction activity conducted by the permittee on the lot is completed;
4) a certificate of occupancy (or equivalent) has been awarded to the homeowner; and
5) the SWMP has been amended to indicate the lot is no longer covered by permit.
Lots not meeting all of the above criteria require continued permit coverage. However, the permit coverage for the
conveyed lot may be transferred or reassigned to a new owner or operator (see Parts F and G.1, above).
I. CONSTRUCTION DEWATERING
CCoonnssttrruuccttiioonn ddeewwaatteerriinngg wwaatteerr ccaann NNOOTT bbee ddiisscchhaarrggeedd ttoo ssuurrffaaccee wwaatteerrss oorr ttoo ssttoorrmm sseewweerr ssyysstteemmss
wwiitthhoouutt sseeppaarraattee ppeerrmmiitt ccoovveerraaggee.. TThhee ddiisscchhaarrggee ooff CCoonnssttrruuccttiioonn ddeewwaatteerriinngg wwaatteerr ttoo tthhee ggrroouunndd,, uunnddeerr
tthhee ssppeecciiffiicc ccoonnddiittiioonnss lliisstteedd bbeellooww,, mmaayy bbee aalllloowweedd bbyy tthhee SSttoorrmmwwaatteerr CCoonnssttrruuccttiioonn PPeerrmmiitt wwhheenn
aapppprroopprriiaattee BBMMPPss aarree iimmpplleemmeenntteedd..
Two options are available for managing uncontaminated Construction Dewatering water on a construction site.
Construction Dewatering water discharged from the project site, to surface waters or to storm sewer systems, is
considered a process water and requires an industrial process water permit. Applications for dischargers engaged in the
dewatering of uncontaminated groundwater from a construction site are available from the Division’s web site or by
contacting the Division (see first page for address information).
Alternatively, Construction Dewatering water may be discharged to the ground if all of the following conditions are
met:
1) The discharge and the BMPs are included in the SWMP;
2) Adequate BMPs are included to control stormwater pollution;
3) The discharge does not leave the site as surface runoff or to surface waters/storm sewer systems; and
4) The groundwater being pumped is not contaminated so as to exceed State groundwater standards.
If the above conditions are not met, a separate permit (see above) is needed for discharges to the ground and/or
surface waters.
Further information concerning Construction Dewatering, including what constitutes contamination of groundwater, can
be found in the Stormwater Construction Permit and Rationale. These documents and others can be obtained from the
Division’s web site or by contacting the Division (see first page for address information).
J. CONCRETE WASHOUT
CCoonnccrreettee WWaasshhoouutt wwaatteerr ccaann NNOOTT bbee ddiisscchhaarrggeedd ttoo ssuurrffaaccee wwaatteerrss oorr ttoo ssttoorrmm sseewweerr ssyysstteemmss wwiitthhoouutt
sseeppaarraattee ppeerrmmiitt ccoovveerraaggee.. TThhee ddiisscchhaarrggee ooff CCoonnccrreettee WWaasshhoouutt wwaatteerr ttoo tthhee ggrroouunndd,, uunnddeerr tthhee ssppeecciiffiicc
ccoonnddiittiioonnss lliisstteedd bbeellooww,, mmaayy bbee aalllloowweedd bbyy tthhee SSttoorrmmwwaatteerr CCoonnssttrruuccttiioonn PPeerrmmiitt wwhheenn aapppprroopprriiaattee BBMMPPss
aarree iimmpplleemmeenntteedd..
Concrete Washout water from washing of tools and concrete mixer chutes may be discharged to the ground if all of the
following conditions are met:
1) The source is identified in the SWMP;
2) Adequate BMPs are included in the SWMP to prevent pollution of groundwater; and
3) These discharges do not leave the site as surface runoff or to surface waters/storm sewer systems.
The use of the washout site should be temporary (less than 1 year), and the washout site should be not be located in an
area where shallow groundwater may be present, such as near natural drainages, springs, or wetlands.
Concrete washout water must not be discharged to state surface waters or to storm sewer systems. Also, on-site
permanent disposal of concrete washout waste is not authorized by this permit.
Further information concerning Concrete Washout can be found in the Stormwater Construction Permit and Rationale.
These documents can be obtained from the Division’s web site or by contacting the Division (see first page for address).
ACCESS and UTILITY EASEMENT
This ACCESS AND UTILITY EASEMENT (the "Easement Agreement") is made and executed this ____
day of April, 2016, by and between Clean Energy Collective, A Colorado Limited Liability Corporation, with
a legal address of 361 Centennial Pkwy., Suite 300, Louisville, CO 80027, ("Grantee") and Brent Lewis
Peterson (Owner) and Dennis James Hannigan (Personal Representative of the Estate of Sandra Marie
Hannigan), having an address of 35960 River Frontage Road, New Castle, Colorado, (the "Grantor").
Grantor and Grantee may be referred to herein in the singular as a “Party” and collectively as the “Parties.”
For purposes of this Easement Agreement, the terms "Grantor" and "Grantee" shall include the Party's
successors, heirs and assigns.
WHEREAS, Grantor is the owner of record of certain real property located in Garfield County, Colorado,
more particularly described on Exhibit A attached hereto (the “Grantor’s Property”);
WHEREAS, Grantee has entered into a Land Lease Option Agreement (Solar Farm) dated December 21st,
2015 (the “Lease”) with Grantor to lease a portion of the property located at 35960 River Frontage Road,
more particularly described on Exhibit B attached hereto (the “Leased Property”) which Grantee intends
to improve into one or more community solar arrays (the “Project(s)”);
WHEREAS Grantee will require access over a eighteen foot (18’) wide route that runs along the portion of
Grantor’s Property depicted or described in Exhibit C, attached hereto and incorporated herein by
reference (the “Easement Area”) to interconnect the Project(s) to electric transmission lines, to maintain
and repair such lines, and access the Leased Property. The Easement Area is more particularly described
in a site plan on Exhibit C-1 and the legal description on Exhibit C-2; and
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties hereto agree as follows:
1. Grant of Easement. Grantor hereby grants to Grantee and its affiliates, successors and assigns, a
non-exclusive easement (the “Easement”) over, under, in, along, across and upon the Easement
Area only for the lawful construction, installation, maintenance, operation, repair, replacement
and use of the electric utility service infrastructure and associated wires, lines and poles, whether
overhead or underground, and other infrastructure necessary and convenient to interconnect
each unit of the Project(s) to the local electric distribution company electrical distribution system,
the location of the point of interconnection will be determined by the local electrical distribution
company prior to the Project(s)’ commercial operations dates and for the purpose of clearing any
vegetation which may be inhibiting Grantee’s use of such easement. Grantor hereby grants to
Grantee the right to survey the Easement Area at Grantee’s cost, and the survey shall then be
become Exhibit C-2, which shall be attached and incorporated herein. In the event of any
discrepancy between the description of the Easement Area contained in Exhibit C-1 and the
survey in Exhibit C-2, the survey shall control. Such addition of Exhibit C-2 after completion of the
survey is expressly agreed upon by both Parties and will be incorporated into this Easement
Agreement without the need for additional signature.
Grantor further grants to Grantee the right to remove any trees and vegetation from the
Easement Area per the requirements of the electrical utility for servicing the Project which, in
Grantee’s sole discretion, interferes with Grantee’s use of the Easement. Grantor hereby also
grants to Grantee a non-exclusive easement of limited duration to enter, re-enter and use any
portion of the Easement Area specified in Exhibit C located on the Grantor’s Property, to exercise
the rights of ingress and egress to the Leased Property in connection with the construction,
operation and maintenance of solar power generation facilities thereon.
2. Term. The Easement and all other rights and privileges granted under this Easement Agreement
shall commence on the date Grantee exercises its option to lease the Leased Property pursuant
to the Lease. The Easement is subject to the provisions of Grantor’s Lease and shall terminate
upon the later of (a) termination of the Grantor's Lease in accordance with its terms or (b) upon
completion of the decommissioning of the solar array Project.
3. Restoration. In the event the surface of the Easement Area is disturbed by Grantee’s exercise of
any of its rights under this Easement Agreement, such area shall be restored to the condition in
which it existed prior to the damage caused by Grantee.
4. Other Utility Easement. Grantor agrees to execute any easement agreement required by the
utility for interconnection of the utility lines for the Project in the form required by the utility, if
applicable.
5. Further Assurances. Grantor agrees to execute, acknowledge and deliver, as appropriate, any and
all such additional instruments, permits, notices, evidence of our rights under this easement and
other documents and to perform such other acts as may be necessary or convenient to
consummate construction, operation, and maintenance of the Project in accordance with the
terms hereof.
6. Further Amendments to Easement Description. In the event that it is determined by Grantee that
there are any inaccuracies in or changes required to the legal description of the Easement
contained in Exhibit C, the validity of this Easement Agreement shall not be affected, and, upon
the request of Grantee made from time to time, Grantor shall execute an amendment to the legal
description of the Easement contained in Exhibit C of this Easement Agreement to reflect the legal
description of the Easement as contained in any survey obtained by Grantee for the Easement.
7. Maintenance. The easement granted to Grantee by the terms and conditions of this Easement
Agreement shall be appurtenant to the Leased Property and Grantee shall bear all increased costs
of repair and maintenance to any portion of the Easement Area located on the Grantor’s Property
caused by Grantee’s use thereof. Grantor shall be responsible for all regular maintenance of the
Grantor’s Property not associated with Grantee’s use of the Easement Area.
8. Covenants Running with the Land/Assignment. The Parties to this Easement Agreement
acknowledge and agree that the easement and other rights conferred by this Easement
Agreement are intended to, and do, constitute covenants that run with the land and shall inure
to the benefit of and be binding upon the Parties and their respective grantees, heirs, successors
and assigns. Without limiting the foregoing, Grantor acknowledges that Grantee’s rights under
this Easement Agreement are assignable; that Grantee may enter into agreements to sell or
otherwise may transfer the Leased Property or an interest therein, either to affiliates of Grantee
or to third parties, and that Grantor hereby consents to Grantee’s assignment of all of its right,
title and interest and its delegation of all of its obligations created under this Easement Agreement
upon any such the sale or transfer and, upon any such assignment, Grantee shall be forever
released and discharged from any and all claims, demands and damages which Grantor may have,
make or suffer as a result of anything done or occurring after the date of such assignment. Nothing
contained in this Section 5, however, shall in any way be construed as releasing Grantee’s
successors and assigns from any obligations to Grantor created by this Easement Agreement or
to in any way limit Grantor’s remedies at law or in equity as against such successors and assigns.
9. Warranty. This Easement grant is without warranty of title and is subject to all prior liens,
encumbrances, easements, restrictions and rights of way affecting the Easement Area.
10. Governing Law. This Easement Agreement shall be governed by the laws of the Colorado, without
giving effect to its principles of conflicts of law.
11. Modification. This Easement Agreement may be modified only upon written agreement by the
Parties.
12. Integration. The foregoing along constitutes the entire agreement between the Parties regarding
its subject matter and no additional or different oral representation, promise or agreement shall
be binding on any of the Parties hereto with respect to the subject matter stated in this Easement
Agreement.
13. No Third-Party Beneficiaries. Except as may be expressly provided herein, there are no intended
third-party beneficiaries to this Easement Agreement.
14. Insurance. During the term of the Easement Agreement, Grantee shall pay for and keep in full
force and effect the following types of insurance: Commercial general liability insurance with
limits of liability no less than $1,000,000 per occurrence/$2,000,000 aggregate with sub-limits for
automobile liability, product/completed operations and contractual liability of no less than
$1,000,000 and shall provide to Grantor certificates of insurance evidencing such coverage and
renewal thereof, within 30 days’ prior notice of cancellation of any coverage required hereby.
15. Severability. If any provision or provisions of this Easement Agreement shall be held invalid,
illegal, or unenforceable, then the validity, legality, and enforceability of the remaining
provisions shall in no way be affected or impaired thereby and the Parties shall negotiate in
good faith to restore insofar as practicable the benefits to each Party that were affected by such
ruling.
16. Assignment. No Party shall assign or transfer this Easement Agreement, or any interest herein,
without the prior written consent of the other Party which shall not be unreasonably withheld,
delayed or conditioned. Notwithstanding the foregoing, Grantee is expressly permitted to assign
its rights and responsibilities under this Easement Agreement, without obtaining Grantor’s
consent and in its sole discretion, to any entity owned or controlled by Grantee or under common
ownership or control with Grantee.
IN WITNESS WHEREOF, the Parties hereto have executed this Easement Agreement as of the day and year
first above written.
GRANTOR:
__________________________________ __________________________________
Brent Lewis Peterson Dennis James Hannigan, as Personal
Representative of the Estate of Sandra Marie
Hannigan
By: Brent Lewis Peterson By: Dennis James Hannigan
Date: ______________________________ Date: ______________________________
STATE OF ______________ )
) ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this _____ day of _____________, 2016, by
___________________________ of _____________________________________.
Witness my hand and official seal.
My commission expires: _____________
(S E A L)
____________________________________
Notary Public
STATE/COMMONWEALTH OF ______________ )
) ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this _____ day of _____________, 2016, by
___________________________ of _____________________________________.
Witness my hand and official seal.
My commission expires: _____________
(S E A L)
____________________________________
Notary Public
GRANTEE:
Clean Energy Collective, LLC
By: ________________________________
Its: ________________________________
Date: ______________________________
STATE OF ______________ )
) ss.
COUNTY OF ____________ )
The Easement Agreement was acknowledged before me this __th day of _______, 2016, by
_________________ as _______________ of Clean Energy Collective, LLC, a Colorado limited liability
company.
Witness my hand and official seal.
My commission expires: _____________
(S E A L)
____________________________________
Notary Public
EXHIBIT A
LEGAL DESCRIPTION OF THE GRANTOR’S PROPERTY
[insert]
EXHIBIT B
LEGAL DESCRIPTION OF LEASED PROPERTY
[insert]
Exhibit C-1
SITE PLAN OF SOLAR EASEMENT AREA
[insert]
EXHIBIT C-2
LEGAL DESCRIPTION OF THE EASEMENT AREA
[To be included after survey]
Clean Energy Collective
Revegetation Plan for the
Peterson Photovoltaic Site
February 2016
Prepared By:
Habitat Management, Inc. February 2016
i
Table of Contents
1 Introduction ............................................................................................................................. 1
2 Site Description ....................................................................................................................... 1
2.1 Location ............................................................................................................................ 1
2.2 Climate ............................................................................................................................. 1
2.1 Existing Condition............................................................................................................ 1
2.2 Soils .................................................................................................................................. 1
3 Revegetation Plan ................................................................................................................... 1
3.1 Noxious Weed Management ............................................................................................ 2
3.2 Soil Amendments ............................................................................................................. 2
3.3 Soil Handling.................................................................................................................... 2
3.4 Soil Decompaction ........................................................................................................... 2
3.5 Soil Preparation ................................................................................................................ 2
3.6 Seeding ............................................................................................................................. 2
4 Vegetation Establishment ....................................................................................................... 2
5 Inspections & Vegetation Management .................................................................................. 3
6 References ............................................................................................................................... 5
Tables
Table 1. PV Site Seed Mix (7 acres) ............................................................................................... 4
Revegetation Plan for the Peterson Photovoltaic Site
Habitat Management, Inc. February 2016
1
1 Introduction
The Clean Energy Collective (CEC) plans to install a one-megawatt photovoltaic (PV) facility on the
Peterson property in Garfield County, Colorado. The PV site is approximately seven acres in size and
may be completed in the spring of 2016. Construction of the new site is anticipated to take approximately
eight weeks.
2 Site Description
2.1 Location
The PV site is located near 35960 River Frontage Road, New Castle, Colorado, just south of Interstate 70.
(See site plans provided by CEC for the specific location). The completed site will contain rows of solar
panels, associated equipment, an 8-foot tall chain link perimeter fence (or wildlife fence), and a gravel
access road which connects the new site to the existing site access road.
2.2 Climate
The site lies near the boundary between the Nevada-Utah Mountains Semidesert and the Southern Rocky
Mountain Steppe ecoregions characterized by low precipitation and high summer temperatures. Average
annual precipitation at the site is approximately 12 inches, the majority of which typically occurs as
snowfall. Average temperatures range from 10° F in winter to 90° F in summer.
2.1 Existing Condition
This site was historically agricultural pastureland, prior to the construction of Interstate 70. It had a high
water table, was subject to irrigation flows and was considered to be a wet pasture. After construction of
the interstate, irrigation and ground water was diverted further to the west and the site dried considerably.
The site was left to regenerate without grazing and the only management activity that has taken place was
the planting of ‘Jose’ tall wheatgrass (Thinopyrum ponticum).
During a January site inspection a heavy layer of snow prevented a thorough inspection of vegetation on
the site. However, some species were observed included tall wheatgrass, common timothy (Phleum
pratense), fescue (Festuca sp.), barnyardgrass (Echinochloa crus-galli), curly dock (Rumex crispus),
yellow sweetclover (Melilotus officinalis), greasewood (Sarcobatus vermiculatus), Russian olive
(Elaeagnus angustifolia), and cattail (Typha sp.). The landowner indicated the presence of foxtail barley
(Hordeum jubatum) as well. The diversity of plant species as well as examination of aerial imagery
indicates a variable moisture pattern on the site with both dry and wet areas.
2.2 Soils
Soils at the site are comprised of Wann sandy loam, Potts-Ildefonso complex and Halaquepts and vary
from poorly to well drained. These soil types are slightly saline and the landowner indicated clay soils and
alkalinity at the site. No soil samples were collected and soil fertility testing was not performed.
3 Revegetation Plan
Minimal ground disturbance is anticipated on the site as a pile driving machine will be used to place the
solar panel supports into the ground. No stripping of vegetation or soil grading will occur except where
the access road is constructed. However, wet conditions during construction may result in soil disturbance
and compaction.
Revegetation should be performed in the fall, winter, or early spring as ground conditions permit. This
will optimize the availability of moisture in the soil from snow melt and spring storms for germination
and establishment of seedlings. Because minimal ground disturbance is anticipated and the site is
currently well vegetated, revegetation requirements are also anticipated to be minimal. Revegetation will
Revegetation Plan for the Peterson Photovoltaic Site
Habitat Management, Inc. February 2016
2
occur on areas greater than 50 square feet where at least 50% of the ground surface has exposed soil as a
result of construction operations.
3.1 Noxious Weed Management
Noxious weed infestations currently present on the site will adversely impact revegetation efforts and
displace native vegetation. Noxious weed management should occur as outlined in the Noxious
Weed Management Plan and target State-listed A and B-list noxious weed species as designated in the
Colorado Noxious Weed Act (CRS Title 35, Article 5.5).
3.2 Soil Amendments
Soils on the site are considered to be a suitable plant growth medium because vegetation is already
present. Since significant surface disturbance is not anticipated, soil amendments are not expected to be
necessary for revegetation.
3.3 Soil Handling
In areas where digging, grading, or trenching is necessary (i.e., DC trenches, inverter site, staging area,
and equipment pad) the top 6 inches of soil will be stripped and segregated from the subsoil. When
backfilling trenches and other areas, subsoil will be backfilled first and then topsoil will be re-spread on
top without compacting or tracking the topsoil.
3.4 Soil Decompaction
Areas with excessive soil compaction after construction should be de-compacted. If possible, subsoil
should be ripped with a small dozer or other tracked equipment. Alternatively, a disk or harrow pulled
behind a small tractor, UTV (Utility Terrain Vehicle), or ATV may be used.
3.5 Soil Preparation
In areas accessible by equipment, the soil surface will be prepared for seeding using a tine harrow pulled
by an ATV or small UTV. Harrowing will provide an appropriate seed bed and enhance seed-soil contact.
Areas inaccessible by equipment will be raked by hand.
3.6 Seeding
All revegetation areas will be seeded using an appropriate seed mix developed specifically for the site
(Table 1). Plant species selected for the seed mix are native species known to be effective for revegetation
in the region. Seed will be broadcast on the site using a small ATV-mounted spreader, or by hand, at a
rate of 50 pure live seeds (PLS)/square foot (16.3 PLS lbs./acre)
Ideally, seeding will occur in winter, but frozen ground conditions may prevent soil preparation until
early spring. If frozen ground conditions persist, seeding may occur without soil preparation to ensure
seedlings access to any early-season precipitation that may occur. Additionally, snowfall after seeding
helps to ensure good seed-soil contact.
4 Vegetation Establishment
Revegetation of range and pastureland in semi-arid environments is typically a slow process due to
limited plant-available soil moisture and high variability in timing and amounts of precipitation. Adequate
spring moisture is essential for seedling germination and establishment, while excessive rainfall can wash
seed off a site. Summer (monsoon) moisture provides for vegetative growth and root development, while
summer drought can desiccate young seedlings that have not yet developed adequate root systems.
Because irrigation is not practical or desirable on the site, multiple growing seasons may be required
before optimal conditions for seed germination and vegetation growth are obtained. Consequently, it is
important to set realistic expectations for revegetation timing and success at the site.
Revegetation Plan for the Peterson Photovoltaic Site
Habitat Management, Inc. February 2016
3
Vegetative cover on established rangelands in semi-arid climates is typically quite low (often <40%
vegetative cover) and can vary seasonally depending on precipitation patterns and amounts. Semi-arid
rangelands may have as few as three to five mature plants per square meter, as a higher density is limited
by moisture availability. Rhizomatous (sod-forming) grass species will cover a larger surface area than
bunch forming species, with gaps between individual shoots.
Native grass seedlings are quite small and typically initially possess only one to two leaves because they
tend to emphasize root development before above ground growth as an establishment and survival
mechanism. Therefore, a good early measure of vegetation establishment is seedling density. While
mature vegetation stands in this region may only have a few plants per square meter, early seedling
density may average approximately15 plants per square meter, as not all seedlings will survive.
Garfield County Land Use Code requires that vegetation established on the site shall have coverage at
70% of pre-construction levels within two growing seasons. Given the current coverage of snow on the
site, pre-construction levels cannot be determined; however, the revegetation may be compared to an
adjacent undisturbed reference area in the future.
5 Inspections & Vegetation Management
In order to ensure that the revegetation is developing for successful establishment, the vegetation on the
site should be inspected both near the beginning (May/June) and end (September) of each growing season
by a qualified individual. Inspections should evaluate germination and establishment, make qualitative
observations of plant health, and identify any problems that may be occurring at the site. Springtime
inspections should include a visual evaluation of erosional issues and germination problems, and
recommendations for noxious weed management. Late-season inspections should include estimates of
seedling density and identification of bare areas that may require additional vegetation management.
If desired seedling density levels are not achieved, a variety of management actions may be implemented;
either singly or in combination. These include, but are not limited to:
soil decompaction,
addition of organic matter,
inter-seeding,
re-seeding,
noxious weed management, and/or
erosion control measures.
Additional vegetation management, if necessary, will be implemented by CEC as soon as practical based
on site conditions.
Revegetation Plan for the Peterson Photovoltaic Site
Habitat Management, Inc. February 2016
4
Table 1. PV Site Seed Mix (7 acres)
Species Common Name
Desired
Species
Comp.
(%)
Average
No. Seeds/
Pound
Pounds
PLS/
Acre
Pound
PLS/
Site
PLS/
Sq. Ft.
Graminoids
Pascopyrum smithii western wheatgrass 30% 110,000 5.94 41.6 15.0
Elymus trachycaulus slender wheatgrass 10% 159,000 1.37 9.6 5.0
Sporobolus airoides alkali sacaton 10% 1,758,000 0.25 1.7 10.0
Sporobolus cryptandrus sand dropseed 10% 5,298,000 0.04 0.3 5.0
Festuca idahoensis Idaho fescue 10% 450,000 0.48 3.4 5.0
Elymus elymoides squirreltail 10% 192,000 1.13 7.9 5.0
Pseudoroegneria spicata bluebunch wheatgrass 10% 135,000 1.61 11.3 5.0
Combined Totals 100% 10.83 75.8 50
Revegetation Plan for the Peterson Photovoltaic Site
Habitat Management, Inc. February 2016
5
6 References
Garfield Country Land Use website. (http://www.garfield-county.com/community-development/land-use-
regulations.aspx) [accessed January 2016].
Colorado Department of Agriculture, Conservation Services Division Noxious Weed Program Website.
(https://www.colorado.gov/pacific/agconservation/noxiousweeds) [accessed January 2016].
Colorado Revised Statutes Title 35, Article 5.5- Colorado Noxious Weed Act and Rules Pertaining to the
Administration and Enforcement of the Colorado Noxious Weed Act.
Peterson, Brent. Personal communication with landowner in January 2016.
Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture.
Web Soil Survey. Available online at http://websoilsurvey.nrcs.usda.gov/. Accessed [accessed January
2016].
USDA, NRCS. 2013. The PLANTS Database (http://plants.usda.gov, 1 February 2016). National Plant
Data Team, Greensboro, NC 27401-4901 USA.
Western Regional Climate Center. Western Regional Climate Center Historical Climate Information.
http://www.wrcc.dri.edu [accessed February 2016].
Clean Energy Collective
Integrated Noxious Weed
Management Plan
for the
Peterson Photovoltaic Site
February 2016
Prepared By:
Habitat Management, Inc. i February 2016
Table of Contents
1. Overview ............................................................................................................................................... 1
2. Noxious Weed Rules and Regulations .................................................................................................. 1
3. Noxious Weed Management ................................................................................................................. 1
3.1. Prevention ..................................................................................................................................... 2
3.2. Integrated Weed Management ...................................................................................................... 2
3.2.1 Mechanical Control ............................................................................................................... 3
3.2.2 Biological Control ................................................................................................................. 3
3.2.3 Chemical Control .................................................................................................................. 3
3.2.3.1 Pesticide Safety ..................................................................................................................... 3
4. Monitoring and Follow-up .................................................................................................................... 4
5. Existing Infestations .............................................................................................................................. 4
6. References ............................................................................................................................................. 4
Appendix A ................................................................................................................................................... 0
Noxious Weed Management Plan for the Peterson Photovoltaic Site
Habitat Management, Inc. 1 February 2016
1. Overview
The Colorado Department of Agriculture (CDA) and Garfield County require all landowners to prevent
the spread of State-Listed Noxious Weeds. This Noxious weed management plan for the Peterson
Photovoltaic (PV) site has been developed on behalf of Clean Energy Collective (CEC) as part of their
application to develop a 7-acre PV site near Silt, Colorado.
The Peterson PV site is located near 35960 River Frontage Road, New Castle, Colorado, just south of
Interstate 70. The completed site will contain rows of solar panels, associated equipment, an 8-foot tall
chain link perimeter fence (or wildlife fence), and a gravel access road which connects the new site to the
existing site access road. Vegetation presently on the site consists of native and introduced grasses, forbs,
shrubs, and trees. A January 2016 site inspection found Russian olive (Elaeagnus angustifolia) occurring
on the site and tamarisk (Tamarix ramosissima) occurring near the site. Any other species occurring on
the site could not be seen due to a heavy snow cover.
Construction activities on the site have the potential to introduce new noxious weed species to the site, or
spread existing species on to or off of the site. This management plan was developed to prevent further
spread of noxious weeds. CEC will comply with CDA and Garfield County regulations through
implementation of this plan. Periodic reviews and updates to this plan will be completed as necessary to
keep it current with noxious weed control issues.
2. Noxious Weed Rules and Regulations
The Colorado Noxious Weed Act designates noxious weed species for management and eradication as
categorized on the Colorado Noxious Weed List. List “A” species are required by state law to be
eradicated and list “B” species are those for which the state has developed or is currently developing a
management plan. List “C” species are widespread and known to be problematic, but management is not
legally required. However, management of list “C” species may be beneficial to promote good native
vegetation establishment and prevent other site problems.
Garfield County’s Noxious Weed Management Plan adopts the list designated by the Colorado Noxious
Weed Act. However, Garfield County identifies certain list “B” and “C” species that are designated for
containment and suppression. These lists allow prioritization of weed management activities on the PV
site. The state and county weed lists are provided in Appendix A. The Colorado Noxious Weed Act, rules
pertaining to the Act, the state weed list, and state management plans can be found at:
https://www.colorado.gov/pacific/agconservation/noxiousweeds. The Garfield County Noxious Weed
Management Plan can be found at: http://www.garfield-county.com/vegetation-management/index.aspx.
3. Noxious Weed Management
An integrated pest management (IPM) approach will be implemented for the control of noxious weed
species on the Peterson PV site. Appropriate management actions will be implemented whenever noxious
weed species are observed growing within the project area. The goals of weed management are to:
1) Identify and manage noxious weeds within and immediately adjacent to the project area;
2) Conduct pre- and post-treatment evaluations and continue or modify treatment measures as
necessary;
3) Minimize the potential for transportation and importation of noxious weed species; and
4) Educate field personnel in order to encourage compliance with weed management program goals
and assist with identification and control efforts.
To prevent or minimize the infestation and spread of noxious weeds, periodic inspections of the project
area will evaluate presence or absence, degree of invasion, and the response of previous treatments.
Specific treatment methodologies and timetables will be developed based on species of concern, location
and extent of the infestation(s), and other pertinent factors. A list of noxious weed species known to occur
in Garfield County and potentially occur within the project area is contained in Appendix A.
Noxious Weed Management Plan for the Peterson Photovoltaic Site
Habitat Management, Inc. 2 February 2016
3.1. Prevention
Noxious weeds are spread through dispersal of seed and/or transport of plant propagules (i.e., rhizomes,
bulbs, roots, etc.). The most effective way to control noxious weeds is to prevent their initial introduction
to the site. The following methods and practices may be employed, either singly or in combination, to
prevent the introduction of weeds into the PV site.
1) A thorough cleaning of equipment will be conducted before entering the project area to prevent
the introduction of seed and plant propagules from other sites.
2) Seed mixtures used for revegetation or temporary site stabilization will be free of noxious
weeds.
3) Hay, straw, and/or other materials used for mulch or other purposes will be weed free.
4) A periodic inspection will be conducted to identify any new weed infestations that may have
occurred. Any new infestations will be scheduled for management before they become well
established and/or spread.
5) Communication and coordination with adjacent land holders whose property is infested with
noxious weeds that may threaten the site should occur. Establishing partnerships for weed
management within the local area is essential for successful long-term weed management.
6) Noxious and pest weed infestations that threaten natural and reclaimed areas will be treated
with accepted IPM methods. These methods are further discussed below.
3.2. Integrated Weed Management
An IPM approach enables selection of one or more weed management methods based on site-specific
environmental conditions and control needs. The following weed management methods will be
considered for the project area.
Cultural
Mechanical
Biological
Chemical
In some cases, only one control method may be warranted, while in other cases a combination of control
methods may be appropriate. Control methods selected will be dependent upon species of concern and the
location and extent of the infestation.
The use of IPM methods will protect pollinators, reduce hazards to wildlife, reduce the possibility of
herbicide resistance, and minimize persistence and mobility of herbicides in the soil. Weed control
methods and practices will be applied at the appropriate time to maximize their effectiveness.
3.2.1 Cultural Control
Cultural weed management practices include preventing unnecessary disturbance through precise
planning of construction projects and other activities, prompt revegetation of disturbed areas, and planting
native or desirable plant species for site colonization and promoting healthy vegetation communities in
reclaimed areas. Germination and establishment of noxious weeds can be reduced by following accepted
revegetation and vegetation management techniques that favor the growth of desirable plants. These
include prompt seeding and revegetation of disturbed areas with appropriate seed mixes, maintaining
optimum fertility and moisture levels, planting at optimum density of pure live seed (“PLS”), minimizing
use of fertilizers, and selecting suitable species for revegetation. Minimizing areas of disturbance and
exposed soil prevents opportunities for aggressive species to establish.
A revegetation plan has been developed for the site that utilizes native species that are well-adapted to the
site. Seeding native species in conjunction with other management practices will provide some level of
competition with noxious weeds.
Noxious Weed Management Plan for the Peterson Photovoltaic Site
Habitat Management, Inc. 3 February 2016
3.2.2 Mechanical Control
Mechanical control of noxious weeds can be an effective tool to physically disrupt noxious weed growth
and seed development. A combination of mechanical methods may be used including tilling or disking,
mowing, hand-held weed trimmers, mulching, hand-pulling, hoeing, or livestock grazing. Mechanical
weed control practices must be applied with correct timing to maximize their effectiveness in preventing
vegetation development or seed production.
Annual weedy species may be readily controlled with mowing or physical removal. Perennial species
such as Dalmatian toadflax have extensive root systems with significant carbohydrate reserves. For such
weed species, mowing may only control seed production without seriously affecting the plant’s survival
and mowing after seed production has occurred may spread the infestation. Disking or tilling areas
containing perennial noxious species may increase the area of infestation due to root sprouting. In most
cases, mechanical control methods used alone are not effective against hardy perennial weed species.
3.2.3 Biological Control
Biological controls can effectively disrupt plant growth and seed development in some species. Biological
control methods include introduction of insect weed predators and species-specific plant diseases which are
known to inhibit or prevent reproduction of noxious weed species. Biological weed control methods and
practices will be applied with appropriate timing to maximize their effectiveness in preventing seed
production. It must be noted that the use of biological controls normally does not eradicate an infestation
of weeds; rather they are capable of reducing weed species vigor and reproduction. The CDA’s Biological
Pest Control Program has on-going biological control programs for several noxious weed species.
3.2.4 Chemical Control
Chemical control is one of the most effective methods for disrupting noxious weed growth and seed
development. Herbicides must be applied at the appropriate time to maximize their effectiveness in
preventing seed production, disrupting plant establishment and growth, or killing noxious species. To
avoid development of resistance to a particular herbicide through repeated use over prolonged periods of
time, herbicides and plant growth regulators with varying modes of action should be used. Also,
herbicides should be applied according to the manufacturer’s label recommendations (i.e. application rate,
method, and timing) to prevent development of plant resistance.
3.2.4.1 Pesticide Safety
Successful IPM begins with an understanding of the target plant species and the environment within
which it grows. Next, the physiologic effects of an herbicide on plant growth and development must be
understood. Understanding a pesticide’s chemical nature is also important in minimizing impacts to non-
target species, the applicator, endangered species, and pollinators, as well as surface water runoff hazards
and leaching into groundwater.
All pesticides will be handled with care and applied by qualified personnel in accordance with applicable
federal, state, and local laws. Product labels will be read before use and handling and application
directions followed. Properly identifying the weed problem and the most effective chemical control
method for use during the plant growth cycle is critical for effective weed control. Equipment will be
properly calibrated before herbicides are applied and appropriate Personal Protective Equipment (PPE)
will be used. Empty containers will be disposed of promptly, safely, and accordance with product
labeling.
Herbicides vary in the amount of time after an application before it is safe to re-enter the treated area
without protective clothing and equipment. The Restricted Entry Interval (REI) is affected by the rate of
application, size of the area treated, and the amount of time to be spent in the field. For the safety of
employees and contractors, the REIs listed on the herbicide’s label will be followed. Appropriate
herbicide application records will be maintained as specified by the CDA.
Noxious Weed Management Plan for the Peterson Photovoltaic Site
Habitat Management, Inc. 4 February 2016
4. Monitoring and Follow-up
Even with effective weed management strategies, it often takes several seasons to eradicate or bring weed
populations to an acceptable level. With well-established infestations, it is likely that a seed bank has
developed in the soil capable of producing new plants for many years. An infestation of weeds can easily
re-invade treated areas in one growing season if control and treatment activities are prematurely curtailed.
Weed management efforts should be carried out over an adequate number of growing seasons to realize
effective weed management within the target area.
As with all weed management, this multi-season effort is best served by effective documentation of
control efforts and continued vigilance in successive seasons of management. Information can be used to
modify treatment priorities and weed management strategies over time. Vigilance is required against new
infestations that may be moving into the site. These new sources of infestation may be worked into
prevention and management plans as necessary. This weed management plan will be modified over time
as site conditions change. Weed management strategies and priorities can be modified as weed
infestations change in response to continued control efforts.
5. Existing Infestations
Noxious weeds observed on site during a January 2016 inspection included Russian olive. Other noxious
weed species present on the site will be identified as ground conditions allow. Management strategies for
each species will be developed as they are identified.
Russian olive is a perennial tree species that can grow 16 to 30 feet tall with a dense canopy. While
suppression is the state management objective for this species, eradicating these trees from the site will
both prevent them from spreading and also prevent them from shading solar panels.
Russian olive trees can be effectively treated using an appropriate herbicide application either to the basal
bark area or to the stump immediately after cutting. Treating the trees in place, if they do not pose a
hazard, is likely the most affordable solution. Cutting and removing the trees and treating the stumps is
also effective although more costly. Russian olive seed longevity is three years. It can be assumed that
more trees will sprout from the existing seed bank, so multiple years of treatment will be required to
reduce this species infestation.
6. References
Garfield Country Noxious Weed Management Plan last amended May 7, 2001. (http://www.garfield-
county.com/vegetation-management/documents/weed_management_plan_adopted_.pdf) [accessed
February 2016].
Colorado Department of Agriculture, Conservation Services Division Noxious Weed Program Website.
(https://www.colorado.gov/pacific/agconservation/noxiousweeds) [accessed February 2016]
Colorado Revised Statutes Title 35, Article 5.5- Colorado Noxious Weed Act and rules pertaining to the
Administration and Enforcement of the Colorado Noxious Weed Act.
Colorado State University Cooperative Extension, Weed Management Guide for Field and Vegetable
Crops. Publication #XCM-205, Fort Collins, CO.
Colorado Weed Management Association, Noxious Weeds of Colorado, 10th Edition. 2009.
Bussan, A.J., T.D. Whitson, S.A. Dewey, and M.A. Trainor. 2001. Weed Management Handbook: 2001-
2002. Cooperative Extension Services of Montana, Utah, and Wyoming
Thornton, Bruce J., H.D. Harrington, and R.L. Zimdahl. 1974. Weeds of Colorado. Colorado State
University Experiment Station, Bulletin 514-S. Fort Collins, CO.
Noxious Weed Management Plan for the Peterson Photovoltaic Site
Habitat Management, Inc. 5 February 2016
Whitson, Tom D., ed. Weeds of the West. 9th Edition. 2001. The Western Society of Weed Science,
Western United States Land Grant Universities Cooperative Extension Services, Newark, CA.
Appendix A
Noxious Weed List
Appendix A - Noxious Weed List
Habitat Management, Inc. A1 February 2016
Common Name Scientific Name State List
CDA
Mandate
Garfield
County
Mandate
Present on
Peterson
PV Site* Biology
African rue Peganum harmala List A Yes Yes Perennial
Bohemian knotweed Polygonum xbohemicum List A Yes Yes Perennial
Camelthorn Alhagi pseudalhagi List A Yes Yes Perennial
Common crupina Crupina vulgaris List A Yes Yes Winter Annual
Cypress spurge Euphorbia cyparissias List A Yes Yes Perennial
Dyer's woad Isatis tinctoria List A Yes Yes Perennial
Elongated mustard Brassica elongata List A Yes Yes Perennial
Giant knotweed Polygonum sachalinense List A Yes Yes Perennial
Giant reed Arundo donax List A Yes Yes Perennial
Giant salvinia Salvinia molesta List A Yes Yes Annual/Perennial
Hydrilla Hydrilla verticillata List A Yes Yes Perennial
Japanese knotweed Polygonum cuspidatum List A Yes Yes Perennial
Meadow knapweed Centaurea pratensis List A Yes Yes Perennial
Mediterranean sage Salvia aethiopis List A Yes Yes Biennial
Medusahead Taeniatherum caput-medusae List A Yes Yes Annual
Myrtle spurge Euphorbia myrsinites List A Yes Yes Biennial/Perennial
Orange hawkweed Hieracium aurantiacum List A Yes Yes Perennial
Purple loosestrife Lythrum salicaria List A Yes Yes Perennial
Rush skeletonweed Chondrilla juncea List A Yes Yes Perennial
Squarrose knapweed Centaurea virgata List A Yes Yes Perennial
Tansy ragwort Senecio jacobaea List A Yes Yes Perennial
Yellow starthistle Centaurea solstitialis List A Yes Yes Winter Annual
Absinth wormwood Artemisia absinthium List B Perennial
Black henbane Hyoscyamus niger List B Annual/Biennial
Bouncingbet Saponaria officinalis List B Perennial
Appendix A - Noxious Weed List
Habitat Management, Inc. A2 February 2016
Common Name Scientific Name
State
List
CDA
Mandate
Garfield
County
Mandate
Present on
Peterson
PV Site* Biology
Bull thistle Cirsium vulgare List B Biennial
Canada thistle Cirsium arvense List B Yes Perennial
Chinese clematis Clematis orientalis List B Perennial
Common tansy Tanacetum vulgare List B Perennial
Common teasel Dipsacus fullonum List B Biennial
Corn chamomile Anthemis arvensis List B Annual
Cutleaf teasel Dipsacus laciniatus List B Biennial
Dalmatian toadflax- broad leaved Linaria dalmatica List B Yes Perennial
Dalmatian toadflax- narrow
leaved Linaria genistifolia List B Yes Perennial
Dame's rocket Hesperis matronalis List B Biennial/Perennial
Diffuse knapweed Centaurea diffusa List B Yes Biennial/Perennial
Eurasian watermilfoil Myriophyllum spicatum List B Perennial
Hoary cress Cardaria draba List B Yes Perennial
Houndstongue Cynoglossum officinale List B Yes Biennial
Jointed goatgrass Aegilops cylindrica List B Yes Annual
Leafy spurge Euphorbia esula List B Yes Perennial
Mayweed chamomile Anthemis cotula List B Yes Annual
Moth mullein Verbascum blattaria List B Biennial
Musk thistle Carduus nutans List B Yes Biennial
Oxeye daisy Chrysanthemum leucanthemum List B Yes Perennial
Perennial pepperweed Lepidium latifolium List B Perennial
Plumeless thistle Carduus acanthoides List B Yes Biennial
Quackgrass Elytrigia repens List B Perennial
Russian knapweed Acroptilon repens List B Yes Present Perennial
Russian-olive Elaeagnus angustifolia List B Yes Perennial
Salt cedar Tamarix ramosissima List B Yes Perennial
Scentless chamomile Matricaria perforata List B Annual
Appendix A - Noxious Weed List
Habitat Management, Inc. A3 February 2016
Common Name Scientific Name
State
List
CDA
Mandate
Garfield
County
Mandate
Present on
Peterson
PV Site* Biology
Scentless chamomile Matricaria perforata List B Annual
Scotch thistle Onopordum acanthium List B Yes Biennial
Spotted knapweed Centaurea maculosa List B Yes Biennial
Spurred anoda Anoda cristata List B Annual
Sulfur cinquefoil Potentilla recta List B Perennial
Venice mallow Hibiscus trionum List B Annual
Wild caraway Carum carvi List B
Biennial/
Perennial
Yellow nutsedge Cyperus esculentus List B Perennial
Yellow toadflax Linaria vulgaris List B Yes Perennial
Bulbous bluegrass Poa bulbosa List C Perennial
Chicory Cichorium intybus List C Yes
Biennial/
Perennial
Common burdock Arctium minus List C Yes Biennial
Common mullein Verbascum thapsus List C Biennial
Common St. Johnswort Hypericum perforatum List C Perennial
Downy brome/Cheatgrass Bromus tectorum List C Annual
Field bindweed Convolvulus arvensis List C Perennial
Halogeton Halogeton glomeratus List C Annual
Johnsongrass Sorghum halepense List C Perennial
Perennial sowthistle Sonchus arvensis List C Perennial
Poison hemlock Conium maculatum List C Biennial
Puncturevine Tribulus terrestris List C Annual
Redstem filaree Erodium cicutarium List C Annual/Biennial
Velvetleaf Abutilon theophrasti List C Annual
Wild proso millet Panicum miliaceum List C Annual
* Based on January 29, 2016 observation
PD-5-401-04-2 | October 2014First Solar, Inc. | firstsolar.com | info@firstsolar.com
CERTIFICATIONS & TESTS
• Thresher Test1, Long-Term Sequential Test1, and PID-Free
• IEC 61646 1500V, IEC 61730 1500V, CE
• IEC 61701 Salt Mist Corrosion, IEC 60068-2-68 Dust and Sand Resistance
• ISO 9001:2008 and ISO 14001:2004
• UL 1703 and ULC 1703 Listed Class B Fire Rating (Class A Spread of Flame)
• CSI Eligible (CA-USA), FSEC (FL-USA), MCS (UK), CEC Listed (Australia), SII
(Israel), InMetro (Brazil)1
First Solar Series 4™ PV Module
ADVANCED THIN FILM SOLAR TECHNOLOGY
PROVEN ENERGY YIELD ADVANTAGE
• Generates more energy than conventional crystalline silicon solar
modules with the same power
• Superior temperature coefficient resulting in greater energy yield in typical
field operating temperatures
• Superior spectral response resulting in a proven energy yield advantage in
humid environments
• Anti-reflective coated glass (Series 4A™) enhances energy production
ADVANCED PERFORMANCE & RELIABILITY
• Improved long-term power-output warranted for 25 years
• Compatible with advanced 1500V plant architectures
• Independently tested to pass accelerated life and stress tests beyond
industry standards
• Highly predictable energy in all climates and applications
• Independently certified for reliable performance in high temperature, high
humidity, extreme desert and coastal environments
INDUSTRY BENCHMARK SOLAR MODULES
As a global leader in PV energy, First Solar’s advanced thin film solar modules
have set the industry benchmark with over 9 gigawatts (GW) installed worldwide
and a proven performance advantage over conventional crystalline silicon solar
modules. Generating more energy than competing modules with the same power
rating, First Solar’s Series 4™ and Series 4A™ PV Modules deliver superior
performance and reliability to our customers.
MODULE WARRANTY 2
• 25-Year Linear
Performance
Warranty3
• 10-Year Limited
Product Warranty
80%
85%
90%
95%
97%
100%
0 5 10 15 20 25
Years
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firstsolar.com | info@firstsolar.com
MODULE NUMBERS AND RATINGS AT STC 4,5
NOMINAL VALUES FS-4102-2
FS-4102A-2
FS-4105-2
FS-4105A-2
FS-4107-2
FS-4107A-2
FS-4110-2
FS-4110A-2
FS-4112-2
FS-4112A-2
Nominal Power (± 5%)PMPP (W)102.5 105.0 107.5 110.0 112.5
Voltage at PMAX VMPP (V)67.0 67.8 68.6 69.4 70.2
Current at PMAX IMPP (A)1.53 1.55 1.57 1.59 1.60
Open Circuit Voltage VOC (V)85.3 86.0 86.6 87.2 87.7
Short Circuit Current ISC (A)1.74 1.74 1.75 1.75 1.75
Maximum System Voltage VSYS (V)1500 6 / (1000 UL)
Limiting Reverse Current IR (A)4.0
Maximum Series Fuse ICF (A)4.0
MODULE NUMBERS AND RATINGS AT 800W/m2, NOCT7 45°C, AM 1.5 5
Nominal Power (± 5%)PMPP (W)76.4 78.3 80.1 82.0 83.9
Voltage at PMAX VMPP (V)62.1 62.6 63.1 64.1 65.0
Current at PMAX IMPP (A)1.23 1.25 1.27 1.28 1.29
Open Circuit Voltage VOC (V)80.4 81.0 81.6 82.1 82.6
Short Circuit Current ISC (A)1.40 1.40 1.41 1.41 1.41
TEMPERATURE CHARACTERISTICS
Module Operating
Temperature Range (°C)-40 to +85
Temperature Coefficient
of PMPP
TK (PMPP)-0.34%/°C
Temperature Coefficient
of VOC TK (VOC)-0.29%/°C
Temperature Coefficient
of ISC
TK (ISC)+0.04%/°C
MECHANICAL DESCRIPTION
Length 1200mm
Width 600mm
Weight 12kg
Thickness 6.8mm
Area 0.72m2
Leadwire 2.5mm2, 610mm
Connectors MC48
Bypass Diode None
Cell Type Thin-film CdTe
semiconductor,
216 active cells
Frame Material None
Front Glass 3.2mm heat
strengthened
Series 4ATM includes
anti-reflective coating
Back Glass 3.2mm
tempered
Encapsulation Laminate
material with edge seal
FIRST SOLAR SERIES 4™
PV MODULE
END-OF-LIFE RECYCLING
• Recycling services available through First Solar’s
industry-leading recycling program or customer-
selected third party.
SUPERIOR TEMPERATURE COEFFICIENT MECHANICAL DRAWING
70
80
90
100
110
120
0 10 20 30 40 50 60 70
Linear (First Solar)
Linear (Multicrystalline Si)
DC
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Disclaimer
The information included in this Module Datasheet is subject to change without notice and is provided for informational purposes only. No contractual rights are established or should be
inferred because of user’s reliance on the information contained in this Module Datasheet. Please refer to the appropriate Module User Guide and Module Product Specification document for
more detailed technical information regarding module performance, installation and use.
The First Solar logo, First Solar™, and all products denoted with ® are registered trademarks, and those denoted with a ™ are trademarks of First Solar, Inc.
1 Testing Certifications pending.
2 Limited power output and product warranties subject to warranty terms and conditions.
3 Ensures 97% rated power in first year, -0.7%/year through year 25.
4 Standard Test Conditions (STC) 1000W/m2, AM 1.5, 25°C
5 All ratings ±10%, unless specified otherwise. Specifications are subject to change.
6 Application Class A for 1000V (class II), Application Class B for 1500V (class 0)
7 Nominal Operating Cell Temperature: Module operation temperature at 800W/m2
irradiance, 20°C air temperature, 1m/s wind speed.
8 Multi-Contact MC4 (PV-KST4/PV-KBT4)
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REVISIONS
REV BY DATE DESCRIPTION
0 SMD 6/24/2015 Preliminary Layout
1 SMD 9/22/2015 Revised layout to reflect 997 kW-AC, 1.168 MW-DC
2 PJD 1/18/2016 Racking and Site Location
3 PJD 4/5/2016 Access Road and Array
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NOTES:xALL DIMENSIONS ARE APPROXIMATE AND SUBJECTTO FINAL SURVEY, EQUIPMENT AND DESIGN.xPROPERTY SETBACKS ARE ANTICIPATED ANDSHOULD BE VERIFIED PRIOR TO FINAL DESIGN.xTREE CLEARING MAY BE REQUIRED IN AND AROUNDTHE ARRAY TO LIMIT MODULE SHADING.Scale: 1" = 100'SITE PLAN1 TRACKING PV ARRAY (TYP)TRANSFORMER, ACSWITCHGEAR AND DAS GARFIELD BP - P.O.C.C.18' WIDE ACCESS RD OVERHEAD PV TRANSMISSIONUNDERGROUND PV TRANSMISSION
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1
3005 Center Green Drive, Suite 205, Boulder, CO 80301 // phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com
Proposed Clean Energy Collective Community Solar Facility
Major Impact Review
Compliance with Article 7: Standards
(Garfield County Land Use and Development Code)
Section 7-101. Zone District Use Regulations
The subject property is zoned “Rural”. All requirements of Article 3, Zoning, will be met
with this proposal, through the Major Impact Review - Land Use Change Permit process.
Section 7-102. Comprehensive Plan and Intergovernmental Agreements
The Garfield County Comprehensive Plan 2030 addresses renewable energy in Chapter 3,
Section 10. The first goal states that Garfield County should “Promote and encourage the
development of renewable energy resources within the county”. The Plan further states
that the county should “Ensure that renewable energy activities mitigate their effects on
the natural environment, including air quality, water quality, wildlife habitat, and visual
quality”. There will be no negative impacts on air quality because there are no fumes or
odors associated with the proposed solar facility. Straw waddles and silt fencing will be
used during the construction phase to help insure that water quality will be protected.
There will be a slight impediment to larger wildlife migrating through the area due to the
fence enclosure that is required for power generation facilities. Due to the location of the
subject property along the I-70 frontage road, there should be minimal negative visual
impact to surrounding properties. The proposed lease area is approximately 10 acres in
size and the Peterson family owns approximately 41.08 acres in Parcel No. 2179-122-00-
350.
Section 7-103. Compatibility
The nature, scale, and intensity of the proposed solar facility will be compatible with
adjacent land uses. The surrounding land uses are agricultural and residential in nature .
Solar facilities have no fumes, noise (other than a slight hum from the inverter), or
environmentally hazardous materials. The facility is unmanned and will have very little
vehicular traffic, other than routine maintenance, which is performed 1-2 times per year
in a standard size pick-up truck.
Section 7-104. Source of Water
Since the proposed facility is to be unmanned, there will be no need for a water supply.
During construction, a water truck will be on site to help control dust. Water for
construction crews will be provided by the general contractor or by the individual crew
members.
2
3005 Center Green Drive, Suite 205, Boulder, CO 80301 // phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com
Section 7-105. Central Water Distribution and Wastewater Systems
The proposed use does not require a water supply or a wastewater system. While the
proposed facility is being constructed, drinking water will be provided by the general
contractor and the individual crew members. During the 6-8 week construction period, a
port-a-let will be on site. Once construction has been completed, the port -a-let will be
removed from the site.
Section 7-106. Public Utilities
Clean Energy Collective (CEC) has a “power purchase agreement” with Xcel Energy to
provide clean, renewable energy to the customers within the Xcel Energy service area.
There will be an interconnecting line from the CEC solar facility to the Xcel Energy grid.
Section 7-107. Access and Roadways
The proposed solar facility will be accessed using the existing private driveway off of River
Frontage Road. The driveway is a gravel surface and of adequate width to support
construction traffic and emergency vehicles. Since the proposed facility is to be unmanned,
there will be very limited traffic impact to surrounding county roads. After the
construction phase, an operations and maintenance technician will visit the site 1-2 times
per year, in a standard-sized pick-up truck.
Section 7-108. Use of Land Subject to Natural Hazards
The subject property is relatively flat with a portion of the property being located within
Zone “A” of the FIRM panel (please see the attached map which shows the approximate
location of Zone “A”. None of the proposed community-owned solar facility will be
located within the Zone “A” designation. The solar facility will be supported by piles
driven into the ground, which can be adjusted in depth to accommodate any slope
conditions. Minimal grading will be required to install the solar arrays.
Section 7-109. 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 protection district to insure the access is acceptable
and all other fire district requirements are met.
Section 7-201. Agricultural Lands
The proposed facility will not have a negative impact on agricultural lands or operations.
Section 7-202. Wildlife Habitat Areas
The impact to area wildlife should be minimal as a result of this proposal. An 8 foot tall
wildlife fence will be constructed around the perimeter of the site. This type of fencing will
allow smaller animals to pass in and out of the proposed facility. Larger animals, such as
3
3005 Center Green Drive, Suite 205, Boulder, CO 80301 // phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com
deer, may experience a slight change in traveled corridors to maneuver around the facility.
CEC will work with the Colorado Division of Wildlife and address any concerns they have
regarding area wildlife and animal habitat. Regarding preservation of native vegetation;
CEC’s racking system is basically a steel frame that is “pile driven” into the soil 8-10 feet
in depth. This results in minimal disturbance to the native vegetation and topsoil. Those
areas of native vegetation that may be damaged during construction will be re-seeded
with native grasses or a mix recommended by Steve Anthony, Garfield County Vegetation
Manager.
Section 7-203. Protection of Water bodies
The proposed solar facilities will not be within 35 feet of a water body. During the
construction phase of proposed facility, waddles and silt fencing will be used to prevent
erosion and negative impacts to local drainages and the Colorado River.
Section 7-204. Drainage and Erosion
Our consulting engineering firm, Enertia Consulting Group, has calculated that
approximately 0.2 acres of soil will be disturbed installing the access drive, foundations,
pile driving the I-beams into the ground, an underground transmission line, two pads for
inverters and two pads for transformers. The Colorado Department of Public Health &
Environment does not require a storm water management permit when the total area of
grading and disturbance is less than one acre. Once construction is comp leted, areas of
disturbance will be re-seeded with native grass mix as recommended by Steve Anthony,
Garfield County Vegetation Manager (please see the enclosed recommended seed mix) .
Section 7-205. Environmental Quality
The proposed solar facility will not cause the air quality to be reduced below acceptable
levels as established by the Colorado Air Pollution Control Division. Solar power
generation facilities help reduce the overall carbon footprint and therefore, improve the
air quality over traditional fuels for power generation. There will be no hazardous material
stored or used at the proposed solar facility.
Section 7-206. Wildfire Hazards
The GarCo Community Wildfire Protection Plan indicates a “low” to moderate” wildland
fire susceptibility index (please see enclosed map). 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 provi de fuel to the fire. The
existing drive should provide adequate access for the fire department.
4
3005 Center Green Drive, Suite 205, Boulder, CO 80301 // phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com
Section 7-207. Natural and Geologic Hazards
The subject property is relatively flat. The solar facility will be supported by piles driven
into the ground, which can be adjusted in depth to accommodate any slope conditions.
Minimal grading will be required to install the solar arrays. The area proposed for the
solar facility is not a known natural or geologic hazard area.
Section 7-208. Reclamation
CEC will re-vegetate any areas that sustain damage during construction. A seed mixture
recommended by Steve Anthony, Garfield County Vegetation Manager will be applied to
any areas where grass damage occurs. CEC will coordinate a site visit with Mr. Anthony
as the construction phase is nearing completion to assess areas for re-vegetation. A weed
management and re-vegetation plan is being prepared and will be submitted for this
application as soon as it is available.
Section 7-301. Compatible Design
The surrounding properties are primarily agricultural and larger-acreage residential. The
proposed location is surrounded by land owned by the Peterson family. The solar power
generation facility is buffered from surrounding properties by open land.
Section 7-302. Off-Street Parking and Loading Standards
There will be adequate on-site parking for construction activity, within the lease area.
There are also adequate parking areas within the proposed solar facility for the routine
maintenance technician, who will normally visit the site 1 to 2 times per year. This
technician will drive a standard sized pick-up truck.
Section 7-303. Landscaping Standards
Where possible, CEC will work with the existing vegetation on the site, and if additional
landscaping materials are needed, the native vegetation found on site will be mimicked to
better ensure successful plantings.
Section 7-304. Lighting Standards
There will be no exterior lighting of the proposed solar facility, other than a small lamp on
each of the inverter cabinets. No lighting from the proposed facility will be emitted beyond
the lease area.
Section 7-305. Snow Storage Standards
The will be adequate area for snow removal and storage within the lease area.
Section 7-306. Trail and Walkway Standards
Should a trail or walkway be required, a discussion will be held between the property
owner, CEC, and staff from Garfield County.
361 Centennial Parkway, Suite 300, Louisville, CO 80027 // phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com
Impact Analysis for a Proposed Major Impact Review for Solar Energy System (Large)
at 35960 River Frontage Road, New Castle, CO
Garfield County File Number: MIPA-01-16-8415
Section 4-203 (G) – Impact Analysis
“Where the proposed development will impact specific features of the site, the Applicant shall
describe both the existing conditions and the potential changes created by the project. The
Impact Analysis shall include a complete description of how the Applicant will ensure that impacts
will be mitigated and standards will be satisfied. The following information shall be included in
the Impact Analysis”:
1.) Adjacent Land Use. Existing use of adjacent property and neighboring properties
within 1,500-foot radius.
Response: Immediately to the west of the subject property is a vacant parcel of land
owned by Blue Ox Logcrafters, LLC. Immediately west of the Blue Ox Logcrafters, LLC
parcel is Meyer Boiler Company with a commercial building and outdoor storage lot. To
the east of the subject parcel is a 77-acre parcel owned by the Petersons and contains
their single-family residence. To the south of the proposed facility is vacant land owned
by the Petersons. To the north is the frontage road for I-70 and the I-70 right-of-way. The
proposed facility should have very limited impact to surrounding properties. A Landscape
Plan has been developed to help mitigate the visual impact from I-70 and the frontage
road.
2.) Site Features. A description of site features such as streams, areas subject to flooding,
lakes, high ground water areas, topography, vegetative cover, climatology, and other
features that may aid in the evaluation of the proposed development.
Response: The subject property abuts the Colorado River along the southern boundary.
The proposed solar facility is not in the 100 -year floodplain and located along the I-70
frontage road. The area is shown to contain fairly high ground water levels and is not
suitable for individual septic systems. The proposed solar facility is to be unmanned and
will not be impacted by the high ground water areas. The subject property has been used
for grazing in the past and is primarily native grasses with very limited tre e cover. The
land is relatively flat. The proposed solar facility will incorporate a pile -driven racking
system and will not involve site grading or removal of the native grasses. Any grasses
361 Centennial Parkway, Suite 300, Louisville, CO 80027 // phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com
damaged during the construction phase will be re-seeded with an appropriate seed mix
developed specifically for the site (please see the enclosed “Revegetation Plan for the
Peterson Photovoltaic Site”).
3.) Soil Characteristics. A description of soil characteristics of the site that have a
significant influence on the proposed use of the land.
Response: The “General Soil Types, Garfield County” map indicates that the general soil
types in the vicinity of the subject property is the “Potts-Ildefonso-Vale” soil type. This
soil is “deep, well-drained, gently sloping to steep soils on mesas, alluvial fans, terraces
and benches”. Clean Energy Collective hired CTL Thompson to conducted a
geothechnical investigation on the subject property. The field borings indicated that at 2
to 8 feet of sandy clay or clayey sand underlain by silty gravel with cobbles and boulders
to the total explored depth of 21 feet. CTL Thompson determined that the soils on the
subject property are suitable for structural stability of the racking system. The support
piles for the racking system will be driven directly into the soil by pneumatic pile -driver.
4.) Geology and Hazard. A description of the geologic characteristics of the area including
any potential natural or manmade hazards, and a determination of what effect such
factors would have on the proposed use of the land.
Response: The Garfield County Hazard Map indicates that there is a septic constraint due
to high water table in the area. This will not be an issue since the proposed solar facility
will be unmanned and will not require a septic system.
5.) Groundwater and Aquifer Recharge Areas. Evaluation of the relationship of the subject
parcel to Floodplains, the nature of soils and subsoils and their ability to adequately
support waste disposal, the slope of the land, the effect of sewage effluents, and the
pollution of surface runoff, stream flow, and groundwater.
Response: The floodplain for the Colorado River is located on the southern portion of the
subject parcel. The proposed location of the solar facility is outside the floodplain limits.
The racking design will take into account the proximity to the adjacent floodplain and will
elevate the panels slightly higher to minimize flood potential. Since the proposed facility
is unmanned, there will be no on-site waste disposal or sewage effluents. There will be
no pollution of surface runoff since the facility will be constructed of glass (panels) and
steel (racking system).
6.) Environmental Impacts. Determination of the existing environmental conditions on
the parcel to be developed and the effects of development on those conditions, including:
361 Centennial Parkway, Suite 300, Louisville, CO 80027 // phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com
a.) Determination of the long-term and short-term effect on flora and fauna;
Response: There will be some short-term impact to the native vegetation during the
construction phase. After the construction phase, re -seeding of areas damaged
during the construction will occur. The site will not be over-lot graded, thus, damage
to existing native grasses will be minimal. The support structure will be pile -driven
and will cause minimal damage to native grasses. The grasses will fill in after the
construction phase and the long-term effect on flora and fauna will be minimal.
b.) Determination of the effect on designated environmental resources, including
critical wildlife habitat;
Response: The Garfield County CPW Data Map indicates that the subject parcel is
home to resident population of mule deer, winter range for elk, and overall range for
black bear. There does not appear to be any critical wildlife habitat designation on
the subject property. The proposed solar facility will be enclosed within a fence,
which will restrict wildlife movement over the lease area. Wildlife will still have access
to the river and wetland area near the river by traversing around the proposed facility
on undeveloped pasture lands. The overall effect to wildlife will be minimal as a result
of this proposed facility.
c.) Impacts on wildlife and domestic animals through creation of hazardous
attractions, alteration of existing native vegetation, blockage of migration routes, use
patterns, or other disruptions; and
Response: There will be no hazardous attractions to wildlife because the entire facility
will be enclosed in a fence which will keep wildlife out of the facility. As mentioned
above, the existing native vegetation will be minimally impacted and any damage that
occurs to vegetation will be corrected through a re-seeding effort after the
construction phase. Migration routes may be slightly affected as a result of the
perimeter fencing.
d.) Evaluation of any potential radiation hazard that may have been identified by the
State or County Health Departments.
Response: Since the proposed facility is to be unmanned, there will be no hazard from
radiation.
361 Centennial Parkway, Suite 300, Louisville, CO 80027 // phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com
7.) Nuisance. Impacts on adjacent land from generation of vapor, dust, smoke, noise,
glare or vibration, or other emanations.
Response: There will be no vapors, smoke, noise, or vibrations created by the
proposed facility. During the construction phase, there may be a potential for dust to
be created by vehicles on the site. If dust becomes an issue, the construction crew
will use water the site on a regular basis to minimize the impact of fugitive dust. Glare
should not be an issue because the panels will be moving throughout the day to track
the sun. The panels have been coated with an anti-reflective surface to minimize the
potential for glare on adjacent properties.
8.) Hours of Operation. The applicant shall submit information on the hours of operation
of the proposed use.
Response: During the construction phase, the hours of operation will be 7:30 AM to
6:00 PM. There are no residential properties within a ½ mile of the subject property,
other than the Petersons, who are leasing the land to Clean Energy Collective for the
proposed solar facility. After the construction is completed, the facility will be
operational 24 hours/day, 7 days/week.
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March 23, 2016
Clean Energy Collective
c/o Richard Miller
361 Centennial Parkway, Third Floor
Louisville, CO 80027
Reference: Major Impact Review for Solar Energy System, Large – 35960 River Frontage Road, New
Castle - Garfield County File Number MIPA – 01-16-8415
Dear Mr. Miller,
Garfield County is in receipt of an application for a Major Impact Review Land Use Change Permit
application for a Solar Energy System, Large located at 35960 River Frontage Road, New Castle and
identified by the County Assessor as Parcel Number 217912200350. This application was submitted on
January 19, 2016 with updates received on March 18, 2016 and has been reviewed for technical
completeness. The scope of the listed items below has been updated as a result of our meeting on March
18, 2016.
General Application Materials:
1. A copy of the Pre-Application Conference Summary was not included with all paper application
packages or the electronic application package. Please include the Pre-Application Conference
Summary with all application packages. (Applicant will include with final Complete Package
when requested)
2. Please include all digital documents in PDF format and organize the electronic and paper copies
of the application in the following manner: (Applicant will include with final Complete Package
when requested)
2
3. A review by the County Attorney’s Office indicates that Sandra Hannigan is the owner of the
property, not Dennis Hannigan. While it is understood that Sandra Hannigan is deceased, a
probate will need to be opened to transfer ownership to Dennis Hannigan. To this end, either
Sandra Hannigan’s estate needs to be co-applicant on the application or ownership transfer to
Dennis Hannigan needs to be demonstrated. Should Sandra Hannigan’s estate sign as owner of
the property, then a Statement of Authority identifying an agent of the estate needs to be signed
and recorded. In addition, it appears that the lease has been signed by Dennis Hannigan. However
without demonstration of ownership by Dennis Hannigan it appears that this lease is not valid.
4. Section 4-203 (B)(3)(a) requires that the applicant submit “A list and map of real property, the
owners of record and mailing address, within a 200-foot radius of the subject parcel…” A list of
adjacent property owners has been provided, however, the list appears to be missing two
property owners: 218107200195 and 218107200203. Please provide a corrected list of adjacent
property owners.
Water Supply and Distribution Plan
5. Section 4-203 (M) requires submission of a water supply and distribution plan to demonstrate
compliance with Section 7-104. A plan has been submitted that outlines the water demands of
the facility for personnel, however, a plan with a demonstration of adequate water rights is
necessary to support the proposed landscaping. Please provide a demonstration of water rights
for irrigation of the proposed landscaping along with an estimate of the water demand for this
landscaping.
Access and Roadways
6. The access road to the facility will be crossing property not owned by the operator of the facility.
As a result, in order to ensure legal access to the site, please provide a draft access easement for
3
review by the County as a part of the application. Final execution and recording of the easement
may be done as a condition of approval.
We look forward to receiving the revisions and supplemental information and proceeding through the
Major Impact Review process. Section 4-101 (B)(2)(a) stipulates that the applicant shall correct the
deficiencies within 60 calendar days or the application will be deemed withdrawn.
Feel free to contact me with any questions or request for clarifications regarding any of the above items.
You may reach me via email at dpesnichak@garfield-county.com or at 970-945-1377 x1614.
Sincerely,
David Pesnichak, AICP
1
April 6, 2016
Clean Energy Collective
c/o Richard Miller
361 Centennial Parkway, Third Floor
Louisville, CO 80027
Reference: Major Impact Review for Solar Energy System, Large – 35960 River Frontage Road, New
Castle - Garfield County File Number MIPA – 01-16-8415
Dear Mr. Miller,
Garfield County is in receipt of an application for a Major Impact Review Land Use Change Permit
application for a Solar Energy System, Large located at 35960 River Frontage Road, New Castle and
identified by the County Assessor as Parcel Number 217912200350. This application was submitted on
January 19, 2016 with updates received on March 18, 2016 and April 6, 2016 and has been reviewed for
technical completeness. The scope of the listed items below has been updated as a result of our meeting
on March 18, 2016.
General Application Materials:
1. A Testamentary Letter was provided designating Dennis James Hannigan. As a result of this
designation, Mr. Hannigan needs to sign the application and any authorization as the Personal
Representative. As a Personal Representative, Mr. Hannigan is not able to sign as an individual.
Access and Roadways
2. The access road to the facility will be crossing property not owned by the operator of the facility.
As a result, in order to ensure legal access to the site, please provide a draft access easement for
review by the County as a part of the application. Final execution and recording of the easement
may be done as a condition of approval.
Adjacent Property Owner List
3. The cover letter notes that the list of adjacent property owners has been updated, however, an
updated list was not found. Please submit the updated list.
2
We look forward to receiving the revisions and supplemental information and proceeding through the
Major Impact Review process. Section 4-101 (B)(2)(a) stipulates that the applicant shall correct the
deficiencies within 60 calendar days or the application will be deemed withdrawn.
Feel free to contact me with any questions or request for clarifications regarding any of the above items.
You may reach me via email at dpesnichak@garfield-county.com or at 970-945-1377 x1614.
Sincerely,
David Pesnichak, AICP
1
January 22, 2016
Clean Energy Collective
c/o Richard Miller
361 Centennial Parkway, Third Floor
Louisville, CO 80027
Reference: Major Impact Review for Solar Energy System, Large – 35960 River Frontage Road, New
Castle - Garfield County File Number MIPA – 01-16-8415
Dear Mr. Miller,
Garfield County is in receipt of an application for a Major Impact Review Land Use Change Permit
application for a Solar Energy System, Large located at 35960 River Frontage Road, New Castle and
identified by the County Assessor as Parcel Number 217912200350. This application was submitted on
January 19, 2016 and has been reviewed for technical completeness. The application requested several
submittal waivers of which the Director has reviewed. A waiver has been granted for the Development
Agreement and Improvements Agreement only.
General Application Materials:
1. The Application form was only signed by Brent Peterson. However, the property is owned by both
Brent Peterson and Sandra Hannigan (or applicable estate). Please have the application signed by
either all of the property owners or Richard Miller as the authorized representative.
2. The acreage represented on the application form appears to be in error. Please verify the correct
property size is represented on the application form.
3. A Payment Agreement Form was not received. Please complete the Payment Agreement Form
and submit it with the application.
4. A copy of the Pre-Application Conference Summary was not included with all paper application
packages or the electronic application package. Please include the Pre-Application Conference
Summary with all application packages.
2
5. Please include all digital documents in PDF format and organize the electronic and paper copies
of the application in the following manner:
6. Section 4-203(1)(a) requires a letter of authorization if the applicant is not the owner of the
property. A Statement of Authority has been submitted for Richard Miller as an agent of CEC Solar
#1126, LLC. This statement of authority needs to be recorded with the Garfield County Clerk and
Recorders Office. In addition, the letter of authorization signed by Dennis Hannigan to the Clean
Energy Collective is not valid without demonstration that Dennis Hannigan, not Sandra Hannigan,
is an owner of the subject property.
7. Section 4-203(2) states that “the application shall include a deed or other evidence of the owner’s
fee title interest in the land for which a Land Use Change is proposed.” A deed demonstrating
ownership of the subject property has not been submitted. A review by the County Attorney’s
Office indicates that Sandra Hannigan is the owner of the property, not Dennis Hannigan. While
it is understood that Sandra Hannigan is deceased, a probate will need to be opened to transfer
ownership to Dennis Hannigan. To this end, either Sandra Hannigan’s estate needs to be co-
applicant on the application or ownership transfer to Dennis Hannigan needs to be demonstrated.
Should Sandra Hannigan’s estate sign as owner of the property, then a Statement of Authority
identifying an agent of the estate needs to be signed and recorded. In addition, it appears that
the lease has been signed by Dennis Hannigan, however without demonstration of ownership by
Dennis Hannigan it appears that this lease is not valid.
8. Section 4-203 (B)(3)(a) requires that the applicant submit “A list and map of real property, the
owners of record and mailing address, within a 200-foot radius of the subject parcel…” While a
list of property owners has been provided, mailing addresses were not included. Please submit a
list of mailing addresses for the property owners within 200 feet of the subject parcel.
3
Vicinity Map
9. Section 4-203 (C) requires “an 8-inch by 11-inch Vicinity Map locating the parcel in the County.
The Vicinity Map shall clearly show the parcel and the boundaries of the subject site and all
property within a 3-mile radius of the subject parcel.” A vicinity map identifies the wrong parcel.
Please provide an updated vicinity map.
Landscape Plan – A request for a waiver has been submitted but it has been determined by the Director
that this information is critical for the review of the application.
10. Section 4-203 (F) requires submission of a Landscape Plan. Please provide a landscape plan in
accordance with the submission requirements in Section 4-203(F) and demonstrates compliance
with Section 7-303. Natural vegetation may be included with the landscape plan. A demonstration
of how the facility will be visible from adjacent public rights of way would be very helpful in the
review of this application as well as help demonstrate compliance with the goals o f the
Comprehensive Plan for this type of facility.
Impact Analysis – A request for a waiver has been submitted but it has been determined by the Director
that this information is critical for the review of the application.
11. Section 4-203 (G) requires submission of an Impact Analysis. Applicable sections of the Impact
Analysis may need to be produced by a qualified professional as required in Section 4-203 (A).
Information on many of the items required in the impact analysis have already been provided
throughout the application. In addition, Staff has provided several wildlife maps of the property
utilizing Colorado Parks and Wildlife’s publically available GIS data. Feel free to use these maps to
partially address the wildlife portion of the impact analysis.
Traffic Study, Access and Roadways – A request for a waiver has been submitted but it has been
determined by the Director that this information is critical for the review of the application.
12. Section 4-203 (L) requires submission of a traffic study. Such a study demonstrates development
impact on public infrastructure even if such impact is de minimis as well as compliance with
Section 7-107. The submitted traffic analysis should be reviewed by the preparing engineer to
ensure compliance with this section of the LUDC.
13. Section 7-107 (F) require dimensional standards for roadways from the public right-of-way to the
subject use. Compliance with Section 7-107 (F) is required. One notable dimension of this section
requires a minimum ROW width of 15 feet. While the submitted lease describes access to the
property, it does not ensure adequate ROW width or specific location of the access road.
14. Section 4-203 (L)(2)(b)(3) requires submittal of “Permit requirements for access to a State
Highway, railroad crossings, and status”. While an access permit has been submitted for gravel
extraction and concrete plant, the proposed use is not included. As a result, Staff is unable to
determine the permit requirements from CDOT for the proposed use. Please provide an access
permit from CDOT for access onto River Frontage Road that identifies the proposed use.
4
Water Supply and Distribution Plan – A request for a waiver has been submitted but it has been
determined by the Director that this information is critical for the review of the application.
15. Section 4-203 (M) requires submission of a water supply and distribution plan to demonstrate
compliance with Section 7-104. Such a plan should state water needs during construction as well
as post construction. Descriptions of water usage is provided in the application and as presented
the waiver is not necessary.
Wastewater Management and System Plan – A request for a waiver has been submitted but it has been
determined by the Director that this information is critical for the review of the application.
16. Section 4-203 (N) requires submission of a wastewater management and system plan to
demonstrate compliance with Section 7-105. Such a plan should state wastewater needs during
construction as well as post construction. Descriptions of wastewater disposal is provided in the
application and as presented the waiver is not necessary.
Reclamation, Revegetation, Soil and Weed Management Plan
17. Submission of a reclamation, revegetation and weed management plan are necessary to
demonstrate compliance with Section 7-208 as well as compliance with the Garfield County
Reclamation Standards and Revegetation Guidelines as adopted by the Board of County
Commissioners (http://www.garfield-county.com/vegetation-management/ ). Such plans may
need to be developed by a qualified professional as required by Section 4-203 (A). While some
information has been provided within the application, it is understood that this study is underway
and will be submitted when it is available.
Article 7 Responses
18. The Article 7 responses reference the wrong parcel. Please correct these references in the
responses.
19. Section 7-1101(A) is also a Standard applicable to the proposed use. Please include a response to
this Section.
We look forward to receiving the revisions and supplemental information and proceeding through the
Major Impact Review process. Section 4-101 (B)(2)(a) stipulates that the applicant shall correct the
deficiencies within 60 calendar days or the application will be deemed withdrawn.
Feel free to contact me with any questions or request for clarifications regarding any of the above items.
You may reach me via email at dpesnichak@garfield-county.com or at 970-945-1377 x1614.
Sincerely,
David Pesnichak, AICP
361 Centennial Parkway, Suite 300, Louisville, CO 80027 // phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com
Narrative for Major Impact Review – Land Use Change Permit
Peterson Tract – Garfield County
April, 2016
This proposed project is within the Xcel Energy service area and a part of the Solar Rewards
Community program for 2015. The subject property contains approximately 41.08 acres and is
owned by the Peterson family. The property address is 35960 River Frontage Road, in New Castle.
The proposed 1 MW facility will occupy approximately 7 acres and will be part of a +/- 10 acre
lease parcel.
A portion of the Peterson property is within the “Zone A” designation on the FIRM Panel 1111.
The northern portion of the property is outside “Zone A”, and the proposed solar facility will be
outside the 100-year flood plain.
The proposed facility will incorporate a tracker system which allows the panels to move and track
with the sun throughout the day (please see illustration below). There will be approximately
10,620 panels, an inverter which converts the DC power generated from the sun to AC power
before it is uploaded into the Xcel Energy grid. Clean Energy Collective will own, operate, and
maintain the system for up to 50 years. The panels within the solar garden will be sold to
businesses and residents within Garfield County and surrounding counties who wish to offset
their utility bill with clean, renewable power.
TRACKER SYSTEM
361 Centennial Parkway, Suite 300, Louisville, CO 80027 // phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com
The inverter will be housed in wooden-frame structure to protect the equipment from the
elements. Please see the photo below which shows the proposed structure.
Proposed Inverter Shed
Access to the proposed facility will be via an existing twenty foot (20’) access drive off of the I-70 frontage
road. This is also the existing access for the Peterson residence.
The proposed facility will take approximately 8 weeks to construct. Once the construction phase is
completed, the site will be visited 1-2 per year for routine maintenance. The maintenance vehicle is a
standard size pick-up truck.
The proposed facility is to be unmanned except during the construction phase. There will be no sanitary
sewerage usage, however, during construction a san-o-let will be placed on site and will remain on site
until construction is completed. Water is not typically required for our facilities. There are no odors,
noises, or heat associated with solar facilities. There are no chemicals associated with the proposed
facility.
Fencing will be placed around the perimeter of the entire facility, in accordance with electrical code for
361 Centennial Parkway, Suite 300, Louisville, CO 80027 // phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com
power generation facilities. An eight foot (8’) tall chain-link fence will be installed as shown on the site
plan and in the photo below. If desired by Garfield County, an alternate game fencing solution can be
incorporated.
Typical Fencing on Perimeter Alternate Game Fencing on Perimeter
of Lease Area of Lease Area
361 Centennial Parkway, Suite 300, Louisville, CO 80027 // phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com
Noise, Dust, and Glare Statement- for a Proposed 1 MW Solar Facility
Garfield County, Colorado
Clean Energy Collective is proposing a 1 MW community-owned solar facility at
35960 River Frontage Road in Garfield County, Colorado. Solar power generation
facilities do not produce noise or dust, once they are constructed and producing
power. There will be some noise and dust produced during the construction phase,
however, it will be similar to noise and dust normally associated with construction
site activity. Every effort will be made to minimize noise and dust during the
construction phase. Construction activity will typically be from 7:30 AM to 5:30
PM, Monday through Friday. If dust becomes a problem during the construction
phase, water trucks will be used, as needed, to control fugitive dust. The problem
of glare from panels has been significantly improved over first generation panels.
The panels being proposed for this facility are manufactured by First Solar. The
panels will be on a tracker system, which means the panels will track the sun as it
moves across the sky. Each panel will be have an anti-reflective coated glass, which
significantly reduces glare over standard panels of the past. Should glare become
an issue for surrounding property owners, Clean Energy Collective will work with
the property owner(s) to minimize the impact of glare from the project.
361 Centennial Parkway, Suite 300, Louisville, CO 80027 // phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com
PHASING & CONSTRUCTION TIMING
Clean Energy Collective
Garfield County, Colorado
Clean Energy Collective is proposing to build a 1 MW community -owned solar power generation
facility on property owned by Brent and Shirley Peterson located at 35960 River Frontage Road,
in Garfield County. This proposed project is part of the Xcel Solar Rewards Program and is
required to be tied to the Xcel grid by December, 2016. The following is a summary of the
proposed construction timing for the project:
Land Use Approval (Major Impact Review) – estimated date late June, 2016
Apply for Building Permit / Permit Issued – early July, 2016
Site Mobilization – Mid July, 2016
Array Construction Complete – late June, 2016
Interconnection to Xcel grid – Mid July, 2016
Re-seeding of disturbed area Mid to Late July
Site Activity Complete – Late July to Early August, 2016
Note: Dates are best estimates at the time of land use application submittal. This schedule is
subject to change depending upon the timing for land use approval. In general, once construction
begins on site, the array construction should be completed within 6 months.
Vicinity Map –Peterson Parcel
Site
+/-41.08 Acres
North
361 Centennial Parkway, Suite 300, Louisville, CO 80027 // phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com
Reclamation/Decommissioning Plan for Community Solar Array – River Frontage Road
Clean Energy Collective – Garfield County, Colorado
Clean Energy Collective (CEC) is leasing the subject property from the Brent Peterson and Dennis
Hannigan. The lease term is for twenty (20) years, with no extension options. The anticipated
life of the project is twenty (20) years, unless a new lease is entered into with the property
owners. The estimate date for the solar facility to be powered-up and interconnected into the
Xcel grid is June-July, 2016. Clean Energy Collective will be responsible for the operation and
maintenance of the 1 MW solar facility during the lease term.
It is anticipated that decommissioning will occur after the twenty (20) year lease terminates,
unless a new lease extends the lease term. CEC will be responsible for the removal of the entire
facility after the lease terminates. The removal of the facility and all related components will
take approximately 4-6 weeks and will cost approximately $35,000 to $40,000. CEC will pay all
costs associated with the removal of the facility. Once the racking systems, panels, inverters, and
cabling for the system are removed, the site will be re-seeded and re-vegetated with native
grasses and returned to its natural state.
361 Centennial Parkway, Suite 300, Louisville, CO 80027 // phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com
April 6, 2016
Mr. David Pesnichak, AICP
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Re: Major Impact Review for Solar Energy System, Large – 35960 River Frontage Road, New
Castle – Garfield County File Number: MIPA-01-16-8415, Supplemental Information
Dear Mr. Pesnichak,
Thank you for your correspondences of March 23rd and April 6th. I appreciate your prompt
feedback to the I offer the following comments, which correspond to the number ing in the
documents:
March 23rd, 2016 Correspondence
General Application Materials
1.) Copy of the Pre-Application Summary – A copy of the Pre-Application Conference
Summary is included in paper copy (3 copies of all items) and a digital copy of each
item is also included on the enclosed flash drive. Additionally, all items that were
summited for the Pre-Application Conference have been included in paper copy
(3 copies of all items) and digital copy on the enclosed flash drive.
2.) Digital documents in PDF format and organized in the sequence provided – Please
see the enclosed flash drive for the digital copies in PDF format. The flash drive is
divided into a folder for General Application Materials and files for the other
submittal items.
3.) Sandra Hannigan (deceased) transfer ownership to Dennis Hannigan – Please see
the enclosed “Letters Testamentary of Administration”, dated March 29th, 2016,
indicating that Dennis James Hannigan was appointed or qualified by the Garfield
County District Court as Personal Representative of the Sandra Marie Hannigan
estate.
4.) List and map of real property owners within 200 feet of the subject parcel – The
surrounding property owner list has been updated to include the two (2) missing
property owners.
Water Supply and Distribution Plan
361 Centennial Parkway, Suite 300, Louisville, CO 80027 // phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com
5.) Provide a demonstration of water rights for irrigation of the proposed landscaping
materials – Please see the enclosed “Certificate Number 897, for 10.48 shares of
the Capital Stock of the Grand River Ditch Company”.
Access and Roadways
6.) Draft access easement for crossing property not owned by the operator of the
facility – Several attempts were made to contact the owner of Blue Ox Log Crafters
property, which is adjacent to and immediately west of the subject property,
regarding a mutual access drive. The access location from the CDOT right-of-way
has been shifted such that all the access is now located on property owned by
Peterson and Hannigan. An easement will be provided from Brent Lewis Peterson
and Dennis James Hannigan to grant access to the adjacent property owned by
Blue Ox Logcrafters, LLC. The CDOT Access Permit requires that this easement be
recorded prior to receiving the “Notice to Proceed” by CDOT. This easement will
ensure future access for Blue Ox Logcrafters, LLC from the frontage road.
April 6th, 2016 Correspondence
General Application Materials
1.) Hannigan – Personal Representative’s Statement of Authority - A notarized
Personal Representative’s Statement of Authority signed by Dennis James
Hannigan, personal representative of the estate of Sandra Marie Hannigan, has
been included with this re-submittal.
Access and Roadways
2.) The lease for the proposed solar facility requires the property owner to provide
an easement for ingress and egress to the leased premises from a public roadway.
A copy of an unexecuted “Access and Utility Easement” has been included with
this re-submittal. The easement legal description and a graphic exhibit of the
access/utility easement is currently being prepared by Bookcliff Surveying. Once
the surveyor has completed his work, the legal description and exhibit will be
attached to the easement for signature by Peterson/Hannigan. The fully-executed
access/utility easement will be provided as soon as it is available.
361 Centennial Parkway, Suite 300, Louisville, CO 80027 // phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com
Adjacent Property Owner List
3.) An updated property owner’s list has now been included with this re-submittal.
Please note the Site Plan has been modified since the last submittal. The access drive has been
shifted to the east such that it is now all contained on the Peterson/Hannigan property or is CDOT
right-of-way. The orientation of the arrays has also been shifted such that the panels are now
facing east/west. This will result in a more efficient layout and will increase the output of the
facility.
The re-submittal package includes three (3) paper copies of all required submitta l items and a
flash drive that includes digital copies of all items. Once you have had an opportunity to review
the enclosed information, please let me know if any additional items are required, or if changes
are required for any item that has been submitted. I look forward to working with you on this
land use application.
Best regards,
Richard L. Miller, AICP
Land Manager
Clean Energy Collective
Phone: 303.809.2128
e-mail: richard.miller@easycleanenergy.com
1529 Market Street, Suite 200
Denver, CO 80202
720•473•3131
sean.ohearn@enertiacg.com
January 19, 2016
Mr. Richard Miller, AICP, Land Manager
Clean Energy Collective
361 Centennial Parkway, Suite 300
Louisville, CO 80027
RE: Traffic Impact Letter Report
Xcel-Garfield-BP Solar Energy Conversion System
35960 River Frontage Road, New Castle
Dear Mr. Miller:
In partial fulfillment of the Garfield County Land Use Change permitting requirements, Enertia
Consulting Group (Enertia) has completed this Traffic Impact Letter Report for the proposed
Clean Energy Collective (CEC) Solar Energy Conversion System located at 35960 River
Frontage Road in New Castle (the Project). The intent of this Report is to provide traffic related
information and identify potential Project impacts to affected roadways within Garfield County.
The following information is included in this letter report:
• Project Location, Components and Construction Schedule
• Designated Travel Route
• Daily Vehicle Trip Generation
• Conclusions.
Project Location, Components and Construction Schedule
Location
The Project is located at 35960 River Frontage Road, New Castle (Garfield County Parcel ID
217912200350) in the northwest quarter of Section 12, Township 6S, Range 92W and accessed
via the River Frontage Road. The 7.2 acre solar garden is scheduled to begin construction in
the spring of 2016. Figure 1 illustrates the Project location and the planned solar development
area.
Components
The Project generally includes: a +/- 1 MW solar garden with +/- 10,620 tracker solar panels
mounted on steel I-beams, concrete pad mounted transformer, inverter mounted at the end of
array rows, an access drive with emergency turn around and perimeter fence with gate.
Mr. Richard Miller, AICP
Page 2
Construction Schedule
It’s currently anticipated that the Land Use Change permit will be issued by Garfield County in
early March 2016. Accordingly, a construction start/mobilization date of March 14, 2016 has
been estimated. Based on this, the following preliminary schedule has been prepared:
• Solar Garden Component Delivery March 14, 2016- March 25, 2016
• Perimeter Fence Installation March 14, 2016- March 25, 2016
• Solar Panel Foundation Installation April 1, 2016 – June 1, 2016
• Transformer and Inverter Installation May 15, 2016 - June 1, 2016
• Solar Panel Installation April 15, 2016 – July 30, 2016.
Designated Access Route
The designated access route is: I-70 to the Silt exit, south on 9th Street (0.1 mi) and east on the
River Frontage Road (1.8 mi). The following is a brief description of the access route roadways.
9th Street - The 0.1 mile segment of 9th street included in the travel route is asphalt-paved and is
generally comprised of a bridge over the Colorado River with approaches. The pavement width
is 25 feet with 1 foot shoulders (approx.). The road surface appears to be in good condition.
River Frontage Road – The 1.8 mile segment of the River Frontage Road included in the travel
route is a 25’ wide asphalt paved road with varying gravel shoulder width. The posted speed
limit is 45 mph. The road surface appears to be in good condition.
Daily Vehicle Trip Generation and Distribution
Project development may be divided into the following 3 phases: material and equipment
delivery; solar garden construction; and solar garden maintenance). The following Table 1
illustrates the estimated average daily trip generation by vehicle type for each Project phase.
Table 1 – Vehicle Trip Generation
Project Phase
(Time Period)
Vehicle Type Estimated Gross
Vehicle Weight
Number of Vehicles
Per Day
Maximum and
Average Vehicle Trips
Per Day
Material and
Equipment Delivery
(approx. 1 week)
Conex Container and
Delivery Trucks
30,000-50,000 lbs 5-10 10-20
Equipment Hauling
Trucks
20,000-40,000 lbs 0-2 0-4
Max – 24/Ave - 16
Solar Garden
Installation
(3-4 months)
Passenger Vehicles 2,000 to 10,000 lbs 5-12 10-24
Fuel Truck 20,000 to 30,000 lbs 1 2
Material Delivery Truck 20,000 to 30,000 lbs 1 2
Max – 28/Ave - 20
Operations
(ongoing once
operational)
Utility Vehicle 2,000 to 10,000 lbs 1 per month or less
Max - 2/Ave - 0
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00100'200'
Xcel - Garfield - BP
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-ARCH D (24.00 X 36.00 Inches) 2016-01-18
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REVISIONS
REV BY DATE DESCRIPTION
0 SMD 6/24/2015 Preliminary Layout
1 SMD 9/22/2015 Revised layout to reflect 997 kW-AC, 1.168 MW-DC
2 PJD 1/18/2016 Racking and Site Location
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NOTES:xALL DIMENSIONS ARE APPROXIMATE AND SUBJECTTO FINAL SURVEY, EQUIPMENT AND DESIGN.xPROPERTY SETBACKS ARE ANTICIPATED ANDSHOULD BE VERIFIED PRIOR TO FINAL DESIGN.xTREE CLEARING MAY BE REQUIRED IN AND AROUNDTHE ARRAY TO LIMIT MODULE SHADING.Scale: 1" = 100'SITE PLAN1 TRACKING PV ARRAY (TYP)TRANSFORMER, ACSWITCHGEAR AND DAS GARFIELD BP - P.O.C.C.18' WIDE ACCESS RD OVERHEAD PV TRANSMISSIONUNDERGROUND PV TRANSMISSION
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