HomeMy WebLinkAbout2.0 Staff Report PC 06.18.16Planning Commission - Public Hearing Exhibits
Clean Energy Collective
Major lmpact Review
Applicant is Brent Lewis Peterson and Dennis Hannigan
June 8,2016
(File MIPA-O1 -1 6-841 5)
Exhibit
Number
Exhibit Description
1 Public Hearinq Notice lnformation
2 Proof of Publication
3 Mailinq Receiots from Mailed Notice
4 Photo evidence of Public Notice Postino
5 Garfield Countv Land Use and Development Code, as amended
6 Garfield Countv Comorehensive Plan of 2030
7 Application
8 Staff Report
I Aoolicant Presentation
'10 Referral Comments from Mountain Cross Engineering (dated May 9,
201 6)
11 Referral Comments from the Colorado Department of Transportation
(dated April 26,2016)
12 Referral Comments from Garfield County Vegetation Management
(Dated May 16,2016)
13 Referral Comments from the Colorado River Fire Rescue (Dated May
17 ,2016\
14 Referral Comments from Garfield County Public Health (Dated May
17,2016\
15 Referral Comments from Colorado Parks and Wildlife (Dated May 10,
2016
16 Referral Comments from the Colorado Department of Public Health
and Environment (Dated May 9,2016)
17 Referral Comments from the Town of Silt (Dated May 4, 2016)
18 Referral Comments from Xcel Energy (Dated May 2,2016)
19 Referral Comments from the Western Area Power Administration
(Dated April22,2016)
20 Email from the Garfield County Attornev's Office (Dated May 25, 2016)
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PC 6-8-16
File No. MIPA-01-16-8415
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PROJECT INFORMATION AND STAFF COMMENTS
REQUEST
APPLICANT _ PROPERTY OWNER
OPERATOR / UTILIry
ASSESSOR'S PARCEL #
PROPERTY SIZE
LOCATION
ACCESS
EXISTING ZONING
Land Use Change Permit - Major lmpact
Review for a Solar Energy System, Large
(greater than 500 kilowatts).
Brent Lewis Peterson and Dennis Hannigan
Clean Energy Collective / Xcel Energy
217912200350
The Site will be approximately 7 acres (10 acre
lease area) on an overall tract of approximately
41.08 acres.
The property is located at 35540 River
Frontage Road (Hwy 6), approximately 0.75
miles east of the Town of Silt, in the Section 12,
T65, R92W.
The facility is accessed by River Frontage
Road and 380 foot section of private roadway
maintained by Clean Energy Collective.
The property is zoned Rural
I. GENERAL PROJECT DESCRIPTION
The Applicant is requesting a Major lmpact Review for a 10 acre (7 acre lease area) 1
MW solar affay within an overall 41.08 acre parcel. The site is currently a meadow and
hay field. The energy created from this facility is to become part of Xcel Energy's power
supply for the local service area. The Applicant explains that "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 billwith clean, renewable power." The site is to be
unmanned with maintenance crews going to the site approximately two times per year
by standard sized pickup trucks.
The proposed panels are to be a single axes tracking system that will sit about 4-6 feet
high from grade to the top of the panels. The panels will rotate east to west with the sun
to maximize solar gain. Limited site grading will be necessary for the access road and
an inverter shed. According to the revegetation plan submitted with the application, "No
stripping of vegetation or soils grading will occur except where the access road is
constructed." The site is to be surrounded by an eight foot tall game fence with a locked
gate. All internalwire connections are to be underground. One inverter is proposed within
the project area that will convert the produced DC energy to AC energy ready for the
power grid. The power is to be tied to the grid by a 3-phase line on the northern portion
of the property. The project is to be built in one phase that will last approximately 8 weeks.
The site is visible from River Frontage Road as well as l-70. While completely shielding
the 7 acre facility is impractical, the Applicant has proposed clusters of Rocky Mountain
Juniper, Serviceberry, and Potentilla along River Frontage Road to help soften the visual
impacts of the facility.
Vicinity Map
Aeria! of Subject Parcel
Proposed Site Plan
lllustrative Facility
Photo Simulation of Site
Photo Simulation of Site from River Frontage Road, with Proposed Landscaping
II. LOCATION . SITE DESCRIPTION
The proposed 10 acre lease site and 7 acre arruy are located within a larger 41.08 acre
tract, which is generally comprised of meadow grasses. The application states that "the
subject property has been used for grazing in the past and is primarily native grasses
with very limited tree cover." Neighboring properties are primarily agricultural and
residential. While the main portion of the Town of Silt is located approximately To of a
mile to the west of the site, a somewhat isolated annexed property used for warehouses
and offices is located approximately 0.1 miles to the west. The Colorado River is
approximately 350 feet to the south of the lease area. The lease area is also located
outside the 10O-year floodplain. There are no dwelling units or other structures currently
on the subject property.
III. PUBLIC COMMENTS AND REFFERAL AGENCY COMMENTS
Public Notice was provided for the Planning Commission's public hearing in accordance
with the Garfield County Land Use and Development Code as amended. No public
comments have been received at this time. Comments from referral agencies and
County Departments are summarized below and attached as Exhibits.
1. Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering: (See
Exhibits 10). Comments from Mr. Hale indicate that he needs additional information which
addresses increased runoff and drainage from the impervious areas created by
the solar panels. ln addition, additional discussion is requested regarding
improvements that may be necessary to the access based on the CDOT access
permit as well as any improvements to the access road.
2. Colorado Department of Transportation: (See Exhibit 11)
. Comments from Ms. Storey noted that "CDOT has issued an access permit (#
316021) with the conditions that the design hourly vehicular traffic (peak hour
volume) will not exceed 5 DHV during the construction phase and 1 DHV total
traffic for long-term operational use. Also, prior to receiving a Notice to Proceed
(permission to begin access construction). The permit requires that a recorded
easement be granted to the property owners of the parcel due west of the subject
property so that this access shall become a shared access."
3. Garfield County Vegetation Manager: (See Exhibit 12). Comments from Mr. Anthony noted that the Revegetation Plan and Noxious Weed
Management Plan are acceptable.
4. Colorado River Fire Rescue: (See Exhibit 13)
. Comments from Mr. Moon noted the following:
. The solar farm should have its own address for emergency response
purposes.
. A Fire Department Knox Box or Knox Padlock should be installed at the
entrance to the gate for emergency access.
o Combustible fuels such as weeds and grasses should be kept trimmed
to a maximum height of 6-8 inches to decrease the threat of grass fires.
. The property operators are requested to conduct training of emergency
shutdown procedures and precautions with CRFR crews on site.
5. Garfield County Public Health: (See Exhibit 14). Noted that the subject site is not in the 1OO-year floodplain.
. Noted that glare could be an issue for adjacent property owners and/or drivers.
6. Colorado Parks and Wildlife: (See Exhibit 15)
o Noted that the project is located within Mule Deer and Elk winter range as well as
being frequented by raptors, hawks, eagles and owls.. Using an 8 ft. high game fence is recommended with the top marked with flagging
or highly visible material to discourage deer and elk from jumping the fence.
. Recommends installing raptor perch deterrents on any above ground wiring that
could potentially cause electrocution mortality to birds.. Noted that overall the project should have minimal impacts on localwildlife.
7. Colorado Department of Public Health and Environment: (See Exhibit 16). Stated that they have no comments on the project.
8. Town of Silt: (See Exhibit 17). The Town Planning Commission voted unanimously that the County Planning
Commission recommend approval of the proposed solar facility.
9. Xcel Energy: (See Exhibit 18). Additional application for a utility is necessary through Xcel.
10. Western Area Power Administration: (See Exhibit 19). Noted that the facility will not have any impact on their facilities.
11. Other agencies that did not submit comments include: (a) Garfield County Road and
Bridge Department, (b)Garfield County Emergency Management, (c) Bureau of Land
Management, and (d) Town of New Castle.
IV. STAFF COMMENTS AND ANALYSIS
ln accordance with the Land Use and Development Code, the Applicant has provided
detailed responses to the Submittal Requirements and applicable sections of Article 7,
Divisions 1,2, and 3, including Section 7-1101 Solar Energy Systems. The Application
materials include an lmpact Analysis and related consultant reports, technical studies,
and plans.
7-101 - 103: Zone District Requlations. Comprehensive Plan & Compatibilitv
The proposed use demonstrates general conformance with applicable Zone District
provisions contained in the Land Use and Development Code and in particular Article 3
standards for the Rural zone district.
The Comprehensive Plan 2030 designates the site as RM (Residential Medium Density).
Excerpts from the Land Use Description Section Chapter 2 and Section 10, Renewable
Energy are provided below.
Chapter 2 - Land Use Desrgnations
Residential Medium (RM): Smallfarms, esfafes, and clustered residential
subdivision; density determined by degree of clustering and land preserved in
open condition:
0% open land - 1 du per <10 acres
50%o open land - 1 du per I acres
70% open land - 1 du per 6 acres
Density of residential uses; 1 du per 6 to < 10 acres
Secfion 10 - Renewable Energy
Vision
Garfield County has encouraged the development of renewable
energy sources throughout the county and has ensured that
generating facilities are located in appropriate places in the county.
The county has a/so ensured that county regulations are not unduly
burdensome or difficult to negotiate in regards to the development
and location of new renewable energy resources.
/ssues
There are incentives fo explore alternative sources to conventional
energy for the benefit of individuals, communities, and the county
as a whole.
There is potential that alternative energy is a tool for economic
diversification.
It is likely that the individual and largescale use of alternative energy
will become more prevalent in Gaiield County and the county needs
to anticipate visual and other impacts.
Goals
1. Promote and encourage the development of renewable energy
resources within the county.
2. Encourage the implementation of energy efficienf stfe design and
building orientation in development proposals.
3. Ensure that renewable energy activities mitigate their effects on
the natural environment, including air quality, water quality, wildlife
habitat, and visual quality.
Policies
1. The county encourages fhe development of energy efficient
building design and the use of alternative energy sources.
Sfrafegies and Actions:
1. Continue to develop county standards for renewable energy
installations.
2. Encourage current, and require future, PONHOA's to adopt local
standards to promote and allow for renewable energy technologies
to occur within their subdivisions.
3. Evaluate the viability of various renewable energy resources
within the County. Develop appropriate mechanisms to encourage
their development.
The location and design of the proposed facility is in general conformance with the
Comprehensive Plan Policies subject to proper mitigation of impacts.
The Application has also provided information indicating the character of the area and
adjacent land uses. The request demonstrates general compatibility with adjoining uses
that are primarily residential, agricultural and office/warehouse in nature.
7-104 & 105: Source of Water & Waste Water Svstems
The Application represents that the facilities will be operated with minimal staff activities.
The site will be unmanned with visits to the site one to two times per yearfor maintenance
and inspections. Potable water and portable toilets are proposed to be onsite during
construction, which is expected to last 8 weeks.
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7-106: Public Utilities
No public utilities are required for operation of the facility. The power generated from the
facility will be dedicated to the Xcel electric grid. This power is to be brought to the facility
in a 3-phase line to the site.
7-107: Access & Roadwavs
Access to the property is from River Frontage Road via a 380 foot long access road
maintained by the Clean Energy Collective. The submittals include general descriptions
of the roadway as proposed which indicate that the access road will meet the standards
as outlined in Section 7-107. As the access road is not yet constructed, Staff
recommends a condition of approval that the access road be constructed to County
standards.
The Applicant has obtained a CDOT access permit from River Frontage Road, however
a Notice to Proceed has not yet been issued nor has the access easement been
executed or recorded. The CDOT access permit and draft access easement has been
reviewed by Staff and they appear to be adequate. Staff recommends that as a condition
of approval the Applicant obtain a Notice to Proceed from CDOT as well as execute and
record the draft access easement.
The Applicant submitted a Basic Traffic Analysis that indicates that the site will have a
traffic demand of one roundtrip (2 ADT) of a light vehicle (pickup truck) per month, at
most. Anticipated long term traffic demand is one round-trip of a pickup truck every 6
months to a year. The traffic study indicates that the first week of construction will have
average daily trips of 24 ADT. lnstallation of the facility will have an average daily trip
count of 16 ADT. The majority of the trips will be light vehicles while between 2 and 4
heavy vehicle trips will access the site daily during the construction period.
Colorado River Fire Rescue has requested that an address be issued for this site. The
Community Development Department has issued a new address for this parcel as a part
of this request. The new address for this location is 35540 River Frontage Road. ln order
to accommodate the needs of the District, Staff recommends a condition of approval that
the new address be clearly displayed at the entrance gate to the facility.
7-108: Natural Hazards
The Application provides mapping information on natural hazards including information
on soils, geology, and slopes associated with the site. The information supports a
determination that the proposed use is not subject to significant natural hazard risks.
7-109: Fire Protection
The Application states the following regarding fire protection, "Solar facilities are
constructed of non-combustible materials and pose very little threat to start a fire. CEC
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will work with the fire protections district to insure the access is acceptable and all other
fire district requirements are met." The Application was referred to Colorado River Fire
Rescue who noted the following:
. The solar farm should have its own address for emergency response purposes.
. A Fire Department Knox Box or Knox Padlock should be installed at the entrance
to the gate for emergency access.
o Combustible fuels such as weeds and grasses should be kept trimmed to a
maximum height of 6-8 inches to decrease the threat of grass fires.
o The property operators are requested to conduct training of emergency shutdown
procedures and precautions with CRFR crews on site.
Staff recommends conditions of approval to address these issues noted by the Fire
Protection District.
7-201: Aqricultural Lands
Staff understands that the property is occasionally used for hay production. Other than
this activity, however, the property is not currently in agricultural production. ln addition,
the facility is not expected to have negative impacts on any adjacent agricultural lands
or operations.
7-202: Wildlife Habitat Areas
The Applicant notes the following regarding impacts to wildlife and habitat:
The impact to area wildlife should be minimal as a result of this proposal.
An I foot tall wildlife fence will be constructed around the perimeter of the
sife. Ihis type of fencing will allow smaller animals fo pass in and out of the
proposed facility. Larger animals, such as deer, may experience a slight
change in traveled corridors to maneuver around the facility. CEC willwork
with the Colorado Division of Wildlife and address any concerns they have
regarding area wildlife and animal habitat. Regarding preseruation of native
vegetation; CEC's racking system is basically a steel frame that is "pile
driven" into the soil B-10 feet in depth. Ihis resulfs 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 Sfeve Anthony, Garfield County Vegetation
Manager.
The application was referred to Colorado Parks and Wildlife, who noted the following:
o The project is located within Mule Deer and Elk winter range as well as being
frequented by raptors, hawks, eagles and owls.
L2
. Using an 8 ft. high game fence is recommended with the top marked with
flagging or highly visible material to discourage deer and elk from jumping the
fence.. Recommends installing raptor perch deterrents on any above ground wiring
that could potentially cause electrocution mortality to birds.o Noted that overall the project should have minimal impacts on localwildlife.
Staff recommends conditions of approval requiring an 8 ft. game fence approved by
CPW, and the installation of a perch deterrent on any above ground wiring that could
cause electrocution to birds.
7-203: Protection of Water Bodies
The subject parcel abuts the Colorado River, however, it is estimated that the closest
edge of the facility is approximately 350 feet from the River and is entirely outside the
100 year floodplain. The Applicant makes the following representation regarding the
facility:
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.
Due to this distance from the nearest water body and that the facility is outside the 100
year floodplain, impacts to water bodies are not anticipated.
7-204: Drainaqe and Erosion (Stormwater)
The Applicant has provided a report from Enertia Consulting Group, LLC indicating that
a total of 0.2 acres will be disturbed forthe access drive, foundations, pile driving the l-
beams into the ground, and underground transmission line, two pads for inverters and
two pads for transformers. ln accordance with CDPHE storm water management and
grading requirements, land disturbance and earth movement thresholds are not met
since the total disturbance is less than 1 acre. Further, the Applicant has represented
that since less than 10,000 sq. ft. of the ground surface will become impervious, Garfield
County storm water runoff thresholds are not met (Section 7-204(C)). ln addition, the
Applicant has provided a topographic map of the subject site that demonstrates overall
positive drainage on the site.
Staff understands that minimal ground disturbance is anticipated on the site and no
stripping of vegetation or soil grading will occur except where the access road is
constructed. This will help control some noxious weeds, help prevent erosion and aid in
the reestablishment of the vegetation community. The application was referred to Steve
Anthony, the Garfield County Vegetation Manager, who indicated that the revegetation
and reclamation plan as submitted is acceptable.
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The application was also referred to Chris Hale of Mountain Cross Engineering, lnc. (See
Exhibit 10). Mr. Hale stated that "The Solar Energy System provides surface disturbance
less than one acre so it appears that a CDPHE permit for stormwater discharges may
not be necessary. However, the solar panels appear to create an impervious surface
area of greater than 10,000 square feet. Garfield County drainage requirements in
Section 7-204.C would apply. The Applicant should address these requirements." As a
condition of approval, Staff suggests that the Applicant address Mr. Hale's concerns.
7-205 Environmental Qualitv
Any hazardous materials onsite are required to be installed and labeled in accordance
with applicable local, state and federal laws. Such labeling and signage is required in
accordance with the lnternational Fire Code (lFC)and lnternational Building Code (lBC).
ln addition, in accordance with 7-1101(A), the Applicant shall sign the perimeter of the
site warning of electrical shock.
The facility will not generate air emissions except for those typical of motor vehicles
accessing the site. To this end, the facility is not expected to impact air quality and does
not require a permit from the CDPHE.
7-206: Wildfire Hazards
The facility is located within a "Not Rated" and "Moderate" wildland fire susceptibility
designation according to Map 7 of the Gafield County Community Wildfire Protection
Plan. The application was referred to Colorado River Fire Rescue who noted that
"Combustible fuels (grass and weeds) shall be kept trimmed to a maximum height of 6"
- 8" above the ground to decrease the threat of grass fires." Staff suggests a condition
of approval requiring that the grass around the panels remain trimmed to this level.
7-207 Natural and Geoloqic Hazards
See Section 7-108, above.
7-208: Reclamation
The Applicant has proposed minimal grading to the site and is proposing to maintain as
much of the existing ground cover as possible. The Applicant has proposed a seed mix
and weed management plan that have been referred to Steve Anthony of Garfield County
Vegetation Management. Mr. Anthony has indicated that the proposed seed mix and
reclamation plan are acceptable for this location.
7-301 & 302: Compatible Desiqn. Parkinq. and Loadinq
The proposed use is generally compatible with surrounding land uses, including the
neighboring residential, agricultural, and office/warehouse uses. The site is visible from
lnterstate 70 as well as River Frontage Road. The Applicant has prepared several visual
L4
simulations of the site which appear earlier in this Report. Although there is no
reasonable way to shield the whole 7 acre facility from public view, the Applicant is
proposing some landscaping to help soften the visual impact of the facility. Adequate
parking and loading are available for this use.
7-303: Landscapinq
The Applicant is proposing landscaping along River Frontage Road to help soften visual
impacts. The proposed Landscaping Plans are shown below. The disturbed areas are
proposed to be reseeded with a natural, drought resistant seed mix approved by the
Garfield County Vegetation Manager. Due to the highly visible nature of this facility and
that completely screening the use is impractical, Staff feels that the visual impact of the
facility will be reasonably mitigated utilizing the proposed landscaping.
7-304: Liqhtinq
The Applicant has indicated that limited lighting will be used onsite. This lighting will
consist of a small lamp in each of the inverter cabinets. ln accordance with the LUDC,
this lighting shall be limited to down directed, shielded and internally oriented fixtures in
accordance with the County's lighting standards.
7-305 Snow Storaoe
Adequate portions of the site plan including areas adjacent to the proposed solar array
area are available for snow storage if necessary.
7-306 Trails
Trails standards are generally not applicable based on the industrial nature of the
proposal and surrounding uses.
7-1101 SOLAR ENERGY SYSTEMS
The Applicant represents that the facility will comply with all the Solar Energy System
Standards contained in Section 7-1101. The following summary addresses the
applicable provisions.
A. Siqnaqe
The facility is required to have signage around the perimeter warning of electrical shock.
As a condition of approval, Staff suggests requiring that the facility be appropriately
signed on the perimeter fencing that warns of electrical shock.
B. Solar Eneroy Systems. Accessory
As a Solar Energy System, Large, this section is not applicable to this facility.
V. SUPPLEMENTAL AND ADDITIONAL STAFF ANALYSIS
No supplemental materials were submitted after the application was determined
Technically Complete.
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VI. SUGGESTED FINDINGS
1. That proper public notice was provided as required for the hearing before the
Planning Commission.
2. The hearing before the Planning Commission was extensive and complete, that
all pertinent facts, matters and issues were submitted and that all interested parties were
heard at that meeting.
3. That for the above stated and other reasons the proposed Land Use Change
Permit for the Clean Energy Collective - Solar Energy System, Large is in the best
interest of the health, safety, convenience, order, prosperity and welfare of the citizens
of Garfield County.
4. That with the adoption of conditions, the application is in general conformance
with the 2030 Comprehensive Plan, as amended.
5. That with the adoption of the Conditions of Approval the application has
adequately met the requirements of the Garfield County Land Use and Development
Code, as amended.
V!I. RECOMMENDATION
The following recommended conditions of approval are provided for the Planning
Commission consideration.
Conditions Prior to lssuance of Land Use Change Permit
1. The Applicant shall obtain a Notice to Proceed from CDOT for the access to the
site. The Notice to Proceed shall be provided to the Garfield County Community
Development Department prior to issuance of the Land Use Change Permit.
2. The Applicant shall execute and record the access easement from River Frontage
Road to the site. A copy of the executed and recorded access easement shall be
provided to the Community Development Department prior to issuance of the Land
Use Change Permit.
3. The Applicant shall provide an explanation of the improvements necessary and
anticipated for the access road and access point on to River Frontage Road. This
explanation shall be reviewed and accepted by the Garfield County Contract
Engineer prior to issuance of the Land Use Change Permit.
17
4. The Applicant shall address increased runoff and drainage from the impervious
areas created by the solar panels prior to issuance of the Land Use Change Permit.
This analysis shall be reviewed and accepted by the Garfield County contract
engineer prior to issuance of the Land Use Change Permit.
Conditions of Approval
5. That all representations made by the Applicant in the application shall be conditions
of approval, unless specifically altered by the Planning Commission.
6. That the operation of the Clean Energy Collective - Solar Energy System, Large
shall be done in accordance with all applicable Federal, State, and local regulations
governing the operation of this type of facility.
7. The Applicant shall control fugitive dust during construction and operation of the
site.
8. Signage around the perimeter of the facility warning of electrical shock must be
installed.
9. The facility shall maintain compliance with Section 7-306 Lighting, with all lighting
to be directed inward and doward toward the interior of the site. Facilities shall be
painted a non-glare neutral color to lessen any visual impacts.
10. The Applicant shall comply with their Noxious Weed Management Plan including
the best management practices.
11 . The solar facility area shall be surrounded by an 8' high game fence as approved
by Colorado Parks and Wildlife.
12. Raptor nest deterrent shall be installed on any perch where electrocution to raptors
or other nesting birds could occur.
13. Once the facility is installed and online, the operator shall conduct a training of the
emergency shutdown procedures with Colorado River Fire Rescue staff.
14. To control the potential for grass fires, the operator shall keep the grass trimmed to
no higher than 8 inches within the fenced lease area at all times.
15. The operator shall post the address for the lease area, 35540 River Frontage Road,
at the commencement of construction for the site. The address shall be prominently
displayed at the entrance gate to the facility.
16. A fire department Knox Box or Knox Padlock shall be installed at the entrance to
the gate for emergency access.
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17. The access road shall be designed and constructed to the Standards outlined in
Section 7-107 of the Land Use and Development Code.
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EXHIBIT
I
Garfield Counu
PUBLIC HEARING NOTICE INFORMATION
Please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. ln addition, please initial on the blank line next to the statements if they accurately reflect the
described action.
My application required written/mailed notice to adjacent property owners and mineral
owners.
l/ Mailed notice was completed on the ZS o"u o, 4P'gl<- ,roru.
--Y All owners of record within a 200 foot radius of the subject parcel were identified as
shown in the Clerk and Recorder's office at least 15 calendar days prior to sending
notice.
All owners of mineral interest in the subject property were identified through records in
theClerkandRecorderorAssessor,orthroughothermeans[|ist]-
r Please attach proof of certified, return receipt requested mailed notice.
I My application required Published notice.
{
,rr/
Please
I
Notice was published on the &* "t &reZz ,201.G.
attach proof of publication in the Rifle Citizen Telegram.
My application required Posting of Notice.
-/- Notice was posted on the Z? a^y ot &,a/- ,2at;.
n Notice was posted so that at least one sign faced each adjacent road right of way
generally used by the public.
I testifo that the above information is true and accurate.
Name: Ttctk* /. -14,/€72,
Ad Name:12067851A
Customer: Clean Energy Collective
Your account number is: 3809793
PROOF OF PUBLICATION
g[T[ZflIN T'f,Lf,qBSIA
STATE OF COLORADO,
COUNTY OF GARFIELD
l, Michael Bennett, do solemnly swear that I am
Publisher of The Rifle Citizen Telegram, that the
same weekly newspaper printed, in whole or in part
and published in the County of Garfeld, State of
Colorado, and has a general circulation therein; that
said newspaper has been published continuously
and unintemrptedly in said County of Garfield for
a period of more than fifty-two consecutive weeks
next prior to the first publication of the annexed legal
notice or advertisement; that said newspaper has been
admitted to the United States mails as a periodical
under the provisions of the Act of March 3, 7879, or
any amendments thereof, and that said newspaper is a
weekly newspaper duly qualified for publishing legal
notices and advertisements within the meaning of the
laws of the State of Colorado.
That the annexed legal notice or advertisement was
published in the regularand entire issue ofeverynumber
of said weekly newspaper for the period of 1
consecutive insertions; and that the first publication
of said notice was in the issue of said newspaper dated
412812016 and that the last publication of said notice
was dated 412812016 the issue of said newspaper.
PUBLIC NOTICE
TAKE NOTICE that Brent Lewis Peterson and
Dennis Hann,gan as Personal Representalrve ol
the Estate ol Sandra Hannigan. has applied lo lhe
Planning Commission, Garfield County. State of
Colorado, to reqJesl approval for a Land Use
Change Permit on a property situated in the Coun-
ty of Gartield, State ol Colorado; to-wit:
LegqlDcsqiption;
PARCEL 't:
LOT 2 SECTION 1 2, AND THAT PART OF LOT 1
OF SECTION 11, NW% NW% AND NEvaNwv! OF
SECTION 12 LYING SOUTH OF TI-]E NORTH
LINE OF THE RIGHT-OF.WAY FOF U.S. HIGH.
WAY 6 AND 24, ALL IN TOWNSHIP 6 SOUTH,
RANGE 92 WEST OF THE SIXTH PRINCIPAL
MERIDAN,
PARQ-E-L_A
A TRACT OF LAND IN SECTION 1 1 AND 12,
TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE
SIXTH PHINCIPAL MERIDIAN, MORE PARTICU.
LARY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF
LOT2SECTIONl2;
THENCE SOUTH ALONG THE EAST LINE OF
SAID LOT 2 AS EXTENDED SOUTHERLY TO
THE NORTH BANK OF THE COLOFIADO RIVER;
THENCE ALONG THE NORTH THE NORTHEB.
LY BANK OF THE COLORADO RIVER TO TI-]E
INTERSECTION OF SAID BANK WITH THE
WEST LINE OF LOT 1 OF SAID SECTION 11
EXTENDED SOUTHEBLY:
THENCE NORTHERLY ALONG THE WEST LINE
OF SAID LOT 1, SECTION 1 1 AS EXTENDED
SOUTHERLY TO THE SOUTHWEST CORNER
OF SAID LOT 1,
IT IS THE INTENT AND PURPOSE OF THIS
CONVEYANCE TO COVER ALL MEANDERED
LAND BETWEEN THE NOBTHEHLY BANK OF
THE COLORADO RIVER AND LOT 1 OF SEC-
TION 1 1, THE N'/4NW% AND LOT 2 OF SECTION
12, TOWNSHIP 6 SOUTH , RANGE 92 WEST OF
THE 6TH PHINCIPAL MERIDIAN.
EXCEPTING FROM EITHER OF THE DE.
SCRIBED TRACIS THE FOLLOWING.
1. A DEED FROM JOHN L. PETERSON AND
MILDRED A. PETERSON TO UNITED STATES
OF AMERICA RECORDED APRIL 1, 1965, AT
HECEPTION NO 229383, IN BOOK 365 AT PAGE
18I AS CORRECTED BY DEED RECORDED
JUNE 18, 1965, AT RECEPTION NO. 230385. IN
BOOK 367 AT PAGE 1 1 5; SUBJECT, HOWEVER,
TO A CORRECTION OF THE AFORESAID
DEEDS BY CROSS QUIT CLAIM DEEDS BE.
TWEEN ABOVE PARTIES RECORDED APRIL 3.
1981, AT FECEPTTON NO.3'13482, tN BOOK 568
AT PAGE 754 AND AT HECEPTION NO, 31 3483.
lN BOOK s68 AT PAGE 756; AND
2, A CONVEYANCE BY RULE AND ORDER
FROI,4 THE GARFIELD COUNTY DISTRICT
COURT IN CASE NO 6663, RECORDED IN THE
GABFIELD COUNTY RECORDS AT RECEPTION
NO. 253501, lN BOOK 430 AT PAGE 1 24i AND
3. A WARRANTY DEED TO GEORGE F. FIELDS
AND JAV1ES M FIELDS FECORDED JANUARY
10, 1980. AT RECEPTTON NO. 300822. tN BOOK
542 AT PAGE 1 35: AND
4. DUPLICE SUBDIVISION EXEMPTION FILED
JUNE 9, 1 998, AT RECEPTION NO, 526501 ,
Elaalisal,Qegalpllal! 35960 R IVER FRONTAGE
RD., NEW CASTLE 8'1647. 1 miles east ol the
Town of Silt within Section 1 2, Township 6 South,
Range 92 West of the 6th PM. The property is also
known by Assessor's Parcel No. 21791220A350.
Project Descriotion: This is a Major lmpact Review
Land llse Change Permit for a 1 MW commercial
Solar Energy System, Large on approximately 7
acres owned by Brent Lewis Peterson and Dennis
Hannigan as Personal Representative of the Estate
of Sandra Hannigan. The overall property is ap-
proximately 41.08 acres. The Property is zoned
Rural.
All persons aliected by the proposed plan are
invited to appear and state their views, protest or
support. ll you can not appear personally at such
heaflng, then you are urged lo state your views by
lelter. as lhe Planning Commission will grve con.
sideralion to the comments of surrounding properly
owners. and olhers allected. in decidrng whether lorecommend thal the Board ol County
EXHIBIT
Z
In witness whereof, I have here unto p\2my hand thiso4t2st2ot6 4ffi
N{"h*l B.*.tt, Prbl,rt*
Publisher Subscribed and sworn to before me, a
notary public in and for the County of Garfeld, State
of Colorado this
Pamela J. Schultz, Notary Public
My Commission expires:
November 1,2019
PA},IT.LA .i. Si-JH UI.TZI'rCiAit! iUBl iCtr^rt a-,. :O!_arRnii,ii0IAfiY tD tii9S403Ct75
F"ffir lro@ba. L Z,li I
Comm ssioners grant or deny lhe requesl. The
applrcatron may be reviewed at the oflice of lhe
Planning Department localed at 1 08 8th Street,
Suite 401. Garlreld Counly Plaza Burldrng, Glen-
wood Springs. Colorado between the hours ol 8:30
a.m. and 5:00 p.m., Monday through Friday.
Alternatively, lhe application can be viewed at
htto://records.oadreld-countv com/WebLinUCustom
Search.asp{?scarchName=BuildinoDocumentSear
ch (Search lor File No. MIPA-o1-16-8415).
A public hearing on the application has been
scheduled for Wednesday, June 8,2016 at 6:00
P.M. in the Counly Commissioners Meeting Boom.
Garf ield Counly Administration Building.-1 08 8lh
Street, Glenwood Springs, Colorado.
Plannjng Department
Garfjeld County
Published in lhe Crtizen Telegram Apnl 28. 201 6.
(12067851 )
EXHIBIT
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April 25, 20L6
Dear Property/M ineral Rights Owners,
Clean Energy Collective is proposing to build a 1 MW community solar power generation facility
on property owned by Brent and Shirley Peterson at 35960 River Frontage Road, New Castle,
Colorado. You are receiving this public notice because you are shown to be a property owner or
mineral rights owner in the vicinity of the proposed project.
I have enclosed the public hearing notice information from the Garfield County Planning
Department and a narrative which provides additional information about the proposed facility. I
have also enclosed a photo simulation which provides fairly accurate view of how the proposed
facility will look, once constructed.
Please reviewthe enclosed information and if you have questions or need additional information
about the proposed project, please contact me at 303.809.2128.
Sincerely,
Richard L. Miller, AICP
Land Manager - Clean Energy Collective
enclosures
1*r"
q€*-W*rr
go ahead. power up.
Clean Energy
COLLECTIVEfh* il*err Iri'rqy Lilllel:,trvr it a iau,,lti n L]ovri'r !{.r'!rr.:iror il
rt:nhfr-rlviid ai.rilp{:r'"rtrve venlLr.s ll-rirl buildr,tnd op?ri.rtt.l
(:rntrilEud tit..in pi:*rr-qener irlrirfi l"ri.iiittrrr; trt liu i:olnt lt n;ty l*vrl
36l Centennial Parkway, Suite 300, Louisville, CO 80027 I I phone 720-64/,-5732 I I fax 970.692.2592 I I easycleanenergy.com
PUBLIC NOTICE
TAKE NOTICE that Brent Lewis Peterson and Dennis Hannigan as Personal Representative of
the Estate of Sandra Hannigan, has applied to the Planning Commission, Garfield County, State
of Colorado, to request approval for a Land Use Change Permit on a property situated in the County
of Garfield, State of Colorado; to-wit:
Legal Description:
PARCEL 1:
IJ)1' 2 OI" SECTI()N t2. ANI) '[rlAT PAR'f Ot- tOf I Oti SllC'|'K)N I l, NWI/4NWI/4 AND NElr4NWli4 OI.'
slrcTl0N 12 LYING SOtJl'll ()|'l'ltti N0t{TtI t.tNl; ()t:'nil.t Rtcil-t'-or-wAy roR u.s. IUoilwAy 6 ANt)
24, ALL IN TOWNSIIIP 6 S()UTH, RANCE 92 W[S'l'(Xr l lll: Slxl'll PITINCIPAL M]iRIl)lAN.
PARQEI" ?:
A ]'l{AC't'Of LANU IN S[CTI(]N ll ANI) 12,'I(]WNSHIP 6 SOtlTH. RAN(;li 92 Wl:s]'OI I'll[ SIXl'll
PI{INC IPAI- MI.:RI DIAN, MORIJ PAKT ICT J I,AR I,Y DI]SCRIBED AS FOLI I)W S :
BIX}INNINC AT THE SOUI'IIL,q,S'I'CORNIJR Oi; I-OT 2 OF SHC'IION 12:'l'llliNCli SOtJl'tl ALONO'flll'l t:AS'l' LINE Or SAID LOT 2 AS FXTIlNI)l,l) S()tj'l'lll.lltl-Y 1'o Trlli NORTII
IIANK ()| l'llti cOl$RArx) RIVljt{;'l'tltiNcli Alr)NO THll NORl'ltliRl,Y IIANK OI'tHE COI-OItAlx) RlVLlt 1()'ltll: IN'II1RSICTION OF
SAII) IIANK WrrH THli Wiis't't.lNli otr l.(,I I oF SAID sECl'tON I I
TXTEND}iD SOT.TTHERLY;.I'IIINCIi NORTI{IRI,Y AII)NG TIITJ WIJS'I'LINE OF SAID I{)'I' I. SIiCI'I0N II AS EXTENDI'I)
S()tj'l'llliRl-Y 1"() THIj S0i]'l'l lWl:,S l' C()RNliR OF SAID t0'[ t.
IT IS TIII' INTEN| ANI) PUII.I'OSIi OI' 1'II[S CONVIiYANCII 1'O C0VI'R ALL MEANDIIIUII) I,NNI)
BFitwHnN THE NORI'llliRI.Y TJANK Of l'l{E COl.ORAlx) Rlvllt{ AND LOl l or SEC'l'l()N tl, l'llti
Nl/4Nwll4 AND L01'2 0l; SlicTruN 12. TOWNSHIp 6 SOU't'il. I{AN(;D 92 WEST 0t l'ilti 6'ilt pRtNCtpAI-
MIRIDIAN,
XXCIPTING FROM DI'Il{ER OIr THE DESCRII]I:D 1'RAC'l'S TIII- I;OLLOWINO:
t' A DUIID IrROM JOFIN I- PETERSON AND MILDRED A. PETERSON 'l o tjNl'l't1l) S'l'A'l'liS Olj AMITRICA
RLCORIIIID APRIL I, 1965, A'l Rt'lclrvlloN N0. 229383.IN II(X)K 3(,5 Al I)AGE 18l AS CORRECTEDllY DIiLD RecoRI)El).ltJNlt 18, 1965, AT Rlct.tp',t't()N N().23031t5, lN BOOK 367 A'l'pA(itr il5;
Sl"lllJllcl'. HOWIiVrilt, T() A COI{RECTION OI 'l'llli AljoRl:sAIl) DUUD$ BY CR()SS QUll' CLAIM
DITDS BEI'WIJTN ABOVE PARTIES REC0RI)I]I) AI'ITIL 3, I98I, AT RECNPTION NO .rI.t482, IN I{X)K
568 AT pAcL 754 AND AT RECEPTIoN N( ). J t 3483, IN BooK 568 A't' r,ACr ? 56r ANI)
2. A CONVIIYANCE nY Rt}l.tl nNl)()RDUI{ I'ROM'l'llll (iARl;ll.lll) C()LJN'fY DIS'IRICT COTJRT IN CAst.
N0' 6661, RICORI)IjD IN I'llH (iAl{rl[LD COtJN]'Y RIiCoRDS A'f RICIIP]'ION No. 2s3501. IN li(x)K
430 A'l'PACE 12.{; ANI)
3. AWARIIAN"IYl)tiEDTOOHOR(;ltl;. ljlH.DSANDJAMI:SM.tjllll.l)SRI.:CORI)DI)JANUARY10, 1980,
AT RIiCEYTION N0 .1001t22, tN tt(X)K i42 Al'pAGE l-15: ANI)
4, DIJPLICE SLJBDlvlSloN lrXLMlvl'lON FII-t1D JI,NI;9, 1998, A'I RUCEFIION NO. 526501.
Practical Description: 35960 RIVER FRONTAGE RD., NEW CASTLE 81647, 1 miles east of
the Town of Silt within Section 12, Township 6 South, Range 92 West of the 6th PM. The
property is also known by Assessor's Parcel No. 217912200350.
Project Description: This is a Major Impact Review Land Use Change Permit for a I MW
commercial Solar Energy System, Large on approxim ately 7 acres owned by Brent Lewis Peterson
and Dennis Hannigan as Personal Representative of the Estate of Sandra Hannigan. The overall
property is approximately 47.08 acres. The Property is zoned Rural.
Yicinity Ma$ - Peterson Parcel
All persons affected by the proposed plan are invited to appear and state their views, protest or
support. If you can not appear personally at such hearing, then you are urged to state your views
by letter, as the Planning Commission will give consideration to the comments of surrounding
property owners, and others affected, in deciding whether to recommend that the Board of County
Commissioners grant or deny the request. The application may be reviewed at the oflice of the
Planning Department located at 108 8th Street, Suite 401, Garfield County Plaza Building,
Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through
Friday. Alternatively, the application can be viewed at http://records.garfield-
county.corn/Weblink/CustomSearch.aspx?SearchName:BuildingDocumentSearch (Search for
File No. MIPA-01-16-841 5).
A public hearing on the application has been scheduled for Wednesday, June 8, 2016 at 6:00
P.M. in the County Commissioners Meeting Room, Garfield County Administration Building, 108
8th Street, Glenwood Springs, Colorado.
Planning Department
Garfield County
Clean Energy
COLLECTIVE.,,
Narrative for Maior lmpact Review - Land Use Change Permit
Peterson Tract - Garfield Countv
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 ttLL.
The northern portion of the property is outside "Zone A", and the proposed solarfacility 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
tO,62O 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 billwith clean, renewable power.
NOI IO SCALE
TRACKER SYSTEM
The Clean tnergy Collemrve rs a naw ldea rn powrr gensraltDn. A
mernber-owned cooperatrve venlure that builds and operates
centrali?sd clenn power!eneration facrlities at the.omrnunrty l*vel.
&Gffi@\r
so ahead power up V:Fn.lJii'gI,,
TYPICAL PV ARRAY RACKING SYSTEM
36l Centennial Parkway, Suite 3fi1, Louisvillg CO 80027 // phone 72A-6*5732 // tax970.692.2592 ll easycleanenergy.com
Clean Energy
OLLECTIVE...
structure to protect the equipment from the
shows the proposed structure.
The inverterwill be housed in wooden-frame
elements. Please see the photo below which
Proposed lnverter Shed
Access to the proposed facility will be via an existing twenty foot (20') access drive off of the l-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
&&#W-r
'lhe Clean ii-i*rgy Collerlrve is a nrlN ld*a rn oo,,,rrr (c.rer,ltton A
nrernber-ovtlrtl cunprfalrve venttlrr thitt builils and flFjerate-",
cpiltlJli:ed elean power-gerreriltl0n f.rcllitres Jt !h*.Lrnrnunrty levsl
36l CentennialParkway, Suite 300, Louisville, CO 80[.27 //
so ahead Power up V' :H.!lr"lyt
p hone 72G6 *5732 / / f ax 97O.692.2592 // ea syclea nenergy.co m
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. lf desired by Garfield County, an alternate game fencing solution can be
incorporated.
Alternate Game Fencing on Perimeter
of Lease Area
Clean Energy
COLLECTIVE
Clean Energy
COLLECTIVE
Tvpical Fencing on Perimeter
of Lease Area
EG-@r,
Ih* ilhan L*rlqy Cirllelrrve rt a nerr rCr; rn plrrrtr qeit*tltitt A:n*rber-lr,';niil ranpe..llJvp lienlrjr.r th;t hL.,i di ,irrd cptr,tt*.,
felllrJlr;ea flo;it pi-rrier {enaiiitlun ii.rarlltr0t i-tt lit{] {t{)l]t:'Ititt} l*v(rl
351 Centennial Parkway, Suite 3(X), Louisville, CO gWZl //
go ahead. power up.
phone 720-544-5732 I / fax 970.692. 2592 I / easycleanenerg:y.com
EXHIBIT*u0lgl
THE S LAR FOUNDATION
prouNTIuN CROSS
ENGINEERING, INE.
Clvll and Envlronmenbl Goneuhlng and Daslgn
May 9,2016
Mr. David Pesnichak
Garfield County Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Reyicrv of the Pctcrson-Ilannigan Solar Energ'Systern: I\{IPA-01-16-8415
Dear David:
This offrce has performed a review of the documents provided for the Peterson-Hannigan Solar
Energy System. The submittal was found to be thorough and well organized. The following
comments were generated:
o The Applicant should discuss the existing driveway and any improvements that may be
n"""5ary to the access based on the CDOT access permit. Additionally, the Applicant
should discuss any improvements that may be necessary to bring the driveway up to current
Garfield County standards for geometry and grades.
. The Solar Energy System provides surface disturbance less than one acre so it appears that a
CDPHE permit for stormwater discharges may not be necessary. However, the solar panels
appear to create an impervious surface area of greater than 10,000 square feet. Garfield
County drainage requirements in Section 7-204.C would apply. The Applicant should
address these requirements.
Feel free to call if you have any questions or comments.
Sincerely,
u
826 % Grand Avenue, Glenwood Sprlngs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountalncross-eng.corn
David Pesnichak
From:
Sent
to:
Cc:
Subject:
Follow Up Flag:
Flag Status:
Storey - CDOT, Carol < carol.a.storey@state.co.us>
Tuesday, April 25.2015 L16 PM
David Pesnichak
Roussin - CDOI Daniel
File No. MIPA-01-15-8415 for Clean Energy Collective Application
Flag for follow up
Flagged
Hello David,
ln response to your request for comments regarding the land use application for the solar farm on Hwy 070,{
near Mile Marker 99.22:
CDOT has issued an access permit (# 316021) with the conditions that the design hourly vehicular traffic (peak
hour volume) will not exceed 5 DHV during the construction phase and I DHV total traffic for long-term
operational use. Also, prior to receiving a Notice to Proceed (permission to begin access construction). the
permit requires that a recorded easement be granted to the property owners of the parcel due west of the subject
property so that this access shall become a shared access.
If you would like other details of the permit, please let me know.
Sincerely,
Carol Storey
Region 3 Access Coordinator
EPSA ll-- Permits
Traffic and Safety
P 970.683.6270 I F 970.683.6290
222 South 6th Street, Room 100, Grand Junction, CO 81501
carot.a.storeV@state.co.us I u,rvrv.cotlor.uov I www.cotrip.ore
tr
Guffield Cou@
Yegelation Munogemenl
Itrlay 16,2018
Davfrl Pesnidrak
GarfieH Coung Cmrmun$ Development Departmcnt
Re MPA01-16{415
Dear Davts,
The Rsvagetafnn Plan and lha lntcgrated Norlous Weed Management Pbn k acccptrbh.
Pl€era ht ms know lf you hare any quesllons.
S.lncenlXffi
StavcAnhmy
GarfuH Coun$ Vegahtion lvlanager
0375 Connty Rord 354 Bdg 2060
Rnr, CO ElG50 Pfionr: C70€a$'t3?7 r lil0t Frr: 170{25{919
t3
Colorado River Fire Reseue
David Pesnichak
108 8th Sfieet, Suite 401
Glenwood Springs, CO 81601
RE: Xcel Peterson Project
May 17, 2016
Kathy:
This letter is to advise you that I have reviewed File Number: MIPA-01-16-
8415, Clean Energy Collective Solar Array located at 35960 River Frontage
Road in New Castle, CO.
After the review of the document and phone conversation with Richard L. Miller,
I have the following comments for the project;
1. The solar farm should have its own address for response with the number
posted at the entrance of the property.
2. Fire department Knox Box or Knox Padlock shall be installed at the
entrance to the gate for emergency access.
3. Combustible fuels (grass and weeds) shall be kept trimmed to a maximum
height of 6"-8" above the ground to decrease the threat of grass fires.
Access to the areas under the solar panels will be limited for firefighting
purposes so we ask for the height limit.
4. Property operators are requested to conduct training of emergency
shutdown procedures and precautions with CRFR crews on site of the
solar array.
Thank you for allowing me to review this referral and please feel free to contact
me with any questions or concerns. .
Thank You,
Orrin D. Moon, Fire Marshal
O(HIBITG2
LEGAL DESCRIPTION OF THE EASEMENT AREA
lTo be lncluded after surveyl
R*araad l-l
Dla. &plS IYa
-'!:\yn /AuU/ity
Edsa6"nl
lO2OBAaatl
liat"!S
$rt:daEi$*
24,O'
W.at lE WidelwsFfrd
Ptlc,ilmPtqaty
PaNl rlt 2r79-t27AoASO.'.,,IEAG'
SGrL& ,'- lN'
pa26. APEL 2O 2010,,-
roB No:-)fl3iAJJ-
SHEEfi I OF 2
EXHIBIT €,*Z*
A SIR'P OF LAND FOR THE PURrcSE OF AI,I ACCESS AND WTUTY EASEMENT SITUATE
tN IHE tt E 1 / 4 NW t / 4 SECTIO/V t 2, TAWNSHI P 6 s,OU7rH, R*{ME 92 WEST OF tHE 6TH
P,M,, COIlrdTY OF GARI'IELD, STATE OF CALORIIDO. S/.,D PARCEL OF IAND BEING A
PORTTON OF A PARCEL OF LANT' DEECRIF.ED IN QIIIT CIAIM DEED RECARDED AT BOOR
568, PAOE 754, AS FNEDWITH |'TE GARFIELD CWNTY CLERTAT''D FECORDER'S
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David Pesnichak
From:
Sent:
To:
Subject
Attachments:
Richard Miller < richard.miller@easycleanenergy.com >
Monday, May 15,2016 3:36 PM
Orrin Moon
Hammefiead and Access Drive
Peterson Access Drive Legal Description Er Exhibit from Bookcliff 5-16-2015.pdf
HiOrrin,
It was good talking wlth you today regarding emergency services and requirements for our proposed solar installation in
Garfield County. For our access/utility easement, I have attached the legal description and an exhibit, which graphically
shows the proposed access to the site from River Frontage Road. The two tables on "Exhibit C'1" give the lengths of the
legs of the hammerhead and the radiuses of the curves on the driveway. Please let me know if these meet the
requirements of your fire code for access driveways,
Rather than over-lot grading the site and scraping the native grasses, we typically drive the support piles directly lnto the
soil, thereby llmlting the damage to the site and limlting the amount of re-seeding required. There will need to be some
re-seeding of areas where trenching was required, or the native grasses were damaged by construction
activity. Regarding the grass seed mix, we typically rely on the local Soils Conservation District to suggest a seed mlx that
is good for the area. We are flexible on the grass seed mix and are willing to look at other options, lf you have concerns
with the suggested grass mix. Regarding mowing, Clean Energy Collective is responsible for noxious weeds and mowing
of grasses within our tease area (approximately 10 acres). We typlcally mow the Erass on an as'needed basis, or 2'3
times during the growlng season.
We plan to lnstall a "knox-box" on the access gate for fire department access to the site. Please let me know if you have
a preference for the style or model of the knox"box.
Regarding a training session on site for emergency personnel; ! would be glad to anange that once we complete the land
use process with Garfield County.
Please feel free to contact me directly if you have questions, or if you need any additional information. My cell number
is 303.809.2128.
We took fonrard to working with you and the emerBency services personnel on this Proiect.
Best regardl
Richard
Richard L. Miller, AICP I Land Manager
Phone: 303.809.2128
Office: 72A.644.5732
W?'tiliJrisr
Go Solar with Nothing on Ywr Roof il
www. easvcleanene rgv.com
EXHIBIT
Public Heulth
195 W. 14rh Slreel
Fille, CO 81650
(970) 625-s200
Garfield County Community Development
108 8t'street
Glenwood Springs, CO 81601
Attn: David Pesnichak
2014 Blake Avenue
Gtenwood Springs, CO 81601
(970) s45-6614
May 17,2016
Hello David,
My comments for the Peterson/Hannigan Solar Energy Array are limited as the operation
generally does not appear to pose issues for environmental health. We support renewable
energy and etforts to make our community more sustainable, and solar arrays are in alignment
with these goals. A few questiondcomments I had are:
1. The applicant states that the operation is not located within the 100 year floodplain,
however, on the maps provided by Garfield County GIS it appears a section of the parcel
is within the floodplain. ls this because the operation itself will be on a section of the
property that is not within that boundary? Or is there actually a discrepancy there?
Either way, il appears the solar panels themselves are likely situated high enough above
ground so as to not be impacted by high water.
2. The applicant has addressed how they will respond to potential glare coming from the
panels. We encourage evaluation of glare after the array is installed to ensure it is not
impacting adjacent lands or motorists along l-70 or the frontage road.
Please feelfree to contact me with questions.
Thank you,
ir .; i
'
il,l!,:': /#;l- /'!': '1Ji'
'
lt-"\."7
Morgan Hill
Environmental Health Specialist I ll
Garfield County Public Health
195 W. 14rh Street
Rille, CO 81650
(970) 665-6383
Garlield Counly Public Health Department - working to promote health and prevent disease
AffiI cotoRADo
Parks and Witdlife
Department ol Natural Resources
71I lndependent Avenue
Grand Junction, CO 81505
P 970-255-6100
May 10, 2016
David Pesnichak, Senior Ptanner
Garfield County Community Development Department
108 8th 5t Suite 401
Glenwood Springs, CO 81601
RE: Peterson / Hannigan Solar Energy System
Dear Mr. Pesnichak,
Colorado Park and Witdtife has reviewed the materiats provided for the proposed sotar garden project
in Garfietd County on the Peterson Property. The fottowing comments summarize the anticipated
witdtife impacts resutting from this project, and also provide ideas to mitigate possible impacts to
witdtife species.
The proposed project is tocated within Mule Deer and Etk winter range. During more severe winters, it
is common to see deer and etk utilizing the area. The project area ls frequented by raptors, including
hawk, eagles and owls. Raptors forage for sma[[ mammats in the heavily grazed pasture at the site.
CPW recommends using an eight foot high fence and marking the top strands of wlre with ftagging or
other highly visibte materiat to discourage deer and elk from jumplng the fence. Additional,ty, CPW
recommends that raptor perch deterrents be instalted on any above ground wiring that coutd
potentiatty cause electrocution mortality to birds. lt appears as though a detailed weed management
and re-vegetation ptan is inctuded in the ptanning documents. Given the relativety smatt scale of the
project and its proximity to existing disturbance atong lnterstate 70, the project shoutd uttimatety
have minimat impacts on tocat witdtife.
Thank you for the opportunity to comment on this project. lf there are any questions or need for
additlonat information, ptease contact me.
Sincerety,
%b
Brian Gray, District Wildlife Manager, Rifte
cc: JT Romatzke
Lyn Huber
Michael Waren
Bob D. Brsd€ld, Dir€(tr, Cds'ado Parts aM Witd.i{e . Parks ard Witdife Ccfim!$lrr: Rob,ert }V. B.ay . Ctrris castilian, Chair . Jeann€ Ho'ne, VltsC}uir
John lbward . Bill Knne . oale Pizel . Janres Prib/, Secretary ' JanEs Vig.rl .oean wirB{ield . ,,{chdte ?irvrErrun . Alex llpp
,:-o*Q;:.,ir'#f,lfll*rlfr.r\^ (, 1,.r e ./\-tq-i4 ?;rqlri_s_i/
Kuster - CDPHE, Kent <kent.kuster@state.co.us>
Sent:
To:
Subject
May 9,7416
Monday, May 09, 20t67:12 AM
David Pesnichak
MIPA-01-15-8415
David Pesnichak, Senior Ptanner
Garfietd County Community Devetopment Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Re: Fite No. MIPA-01-16-8415
Dear Mr. Pesnichak,
The Colorado Department of Pubtic Health and Environment has no comment on the
Peterson/Hannigan Sotar Energy System MIPA-OI -16-8415. We do suggest that the appticant comply
with att state and federal environmental rules and regutations. This may require the appticant or its
contractor to obtain a permit for certain regulated activities before you can emit or discharge a
pottutant into the air or water, dispose of hazardous waste or engage in certain regutated
activities.
Please contact Kent Kuster at 303-69?-3667 with any questions.
Sincerety,
Kent Kuster
Environmen ta[ 5pecialist
David Pesnichak
From:
Sent:
To:
Cc:
SubJect
Hello David:
Janet Aluise <jaluise@townofsilt.org>
Wednesday, May 04, 20L62:L7 PM
David Pesnichak
Tamra Allen
Peterson Solar Farm
Last night at the Town's Planning & Zoning Commission meeting, the Commasslon made a motion to recommend to the
Garfield County Planning Commission approval of the Peterson Solar Farm, located just east of the Town boundary on
River Frontage Road. The motion passed unanimously. Thank you for the opportunity to participate in this
process. Have a great week.
Janet Aluise
Comm uni ty D ev elopmen t Director
Torm of Silt
z3r N. fh Street
P.O. BoxTo
Silt, CO 81652
(9lol ffi-ag Ext. ro8 (offiee)
(wol e76-297 $ax)
ialuise@torvnofsil t.org
ianet@townofsilt.ors
1915 -2015 t OO Years of Community!
This electronic mail message, including all attachmenls, is for the sole use of the intended recipient(s) and may contain
confidenlial and/or privlleged information or otherwise may be prolected from disclosure. Any unauthorized review, use,
disclosure, distribution or actions which rely on the contents of this information is prohibited. lf you are not the intended
recipient, please conlact lhe sender and delete lhe message and any attachment(s) from your system. Thank you.
David Pesnichak
From:
Sent:
To:
Subject:
Flag Status:
David,
McSchooler, Tillmon B <tillmon.mcschooler@xcelenergy.com>
Here is the response from Xcel Energy Distribution Design Department:
I have reviewed this project and have no objections at this time
Completion of this City/County review approval process does not constitute an application with Xcel Energy for utility
installation. Applicant will need to contact Xcel Energy's Builde/s Call Line/Engineering Department to request a formal
design for the project. A full set of plans, contractor, and legal owner information ls required prior to starting any part of
the construction. Failure to provide required information prior to construction start will result in delays providing utility
services to your project. Acceptable meter and/or equipment locations will be determined by Xcel Energy as a part of
the design process. Additional easements may be required depending on final utility design and layout. Engineering and
Construction lead times will vary depending on workloads and material availabitity. Relocation andlor removal of
existing facillties will be made at the applicant's expense and are atso subject to lead times referred to above.
Let me know if you need anything else at this time.
Thank you,
Tillmon
Tillmon McSchooler
Xcel Energy I Responsible By Nature
Designer-Engine*ring
253E Blichmann Ave. Grand Junction, CO 81505
F : 97A "244.2695 C : 970.270, 1 953 F : 97 O.244.2661
E: lillmon. mcschooler@ xcelenerov.com
From : David Pesn ichak [ma ilto :dpesnichak@ garfi eld -county.com]
Sent Thursday, April 2L, ZOL612:39 PM
To: Wlatt Keesbery; Kelly Cave; Steve Anthony; Morgan Hill; Chris Bornhold[ Roussin - CDOT, Daniel;
lngrid.hewitson@shte.co.us; bret.icenogle@state.co.us; Hoyer - DN& Scottl msenor@blm.gpv; bpederson@wapa.gov;
mhanison@newcastlecolorado.org; Tim Cain; Janet Aluise; Chris Hale; Orrin Moon; McSdrooler, Tillmon B
Subjecft Peterson / Hannigan (Oean Energy Collective) - Sohr Energy System, Large - Referral
XCEL ENERGY SECURITY NOTICE: This email originated from an external sender. Exercise caution
before clicking on any links or attachments and consider whether you know the sender. For more information
please visit the Phishing page on XpressNET.
Monday, May 02, 2016 1:53 PM
David Pesnichak
RE: Peterson / Hannigan (Clean Energy Collective) - Solar Energy System, Large -
Referral
Flagged
Hello,
David Pesnichak
Sent:
To:
Subject:
Fotlow Up Flag:
Flag Status:
David,
Pederson, Elling <BPederson@wapa.gov>
Friday, April22,2016 1.0:55 AM
David Pesnichak
RE: Peterson / Hannigan (Clean Energy Collective) - Solar Energy System, Large -
Referra!
Flag for follow up
Flagged
Thank you for providing Western Area Power Administration with an opportunity to review the application for the sotar
energy system, which is the subject of Case No. MIPA-O1-16-8415. Western has reviewed the information and has
determined that the proposed development does not have any impact on our facilities.
Brian
Brian Pederson, SRIWA I Realty Specialist
Western Area Power Administration
U.5. Department of Energy
Rocky Mountain Region I Lands Dept I Mail Code A7400.1V
PO Box 3700, Loveland CO 80539
97 0-461-7220 [ bpederson (at] wapa.gov
From: David Pesnichak Imailto :dpesnichak@garfield-county.coml
Sent:Thursday, April 27,2076 L2:39 PM
To: Wyatt Keesbery <wkeesbery@Barfield-county.com>; Kelly Cave <kcave@garfietd-county.com>; Steve Anthony
<santhony@garfield-county.com>; Morgan Hill <mhill@garfield-county.com>; Chris Bornholdt
<cbornholdt@garcosheriff.com>; Roussin - CDOT, Daniel <daniel.roussin@state.co.us>; ingrid.hewitson@state.co.us;
bret.icenogle@state.co.us; Hoyer - DNR, Scott <scoft.hoyer@state.co.us>; msenor@blm.gov; pederson, Elling
<BPederson@wapa.gov>; mharrison@newcastlecolorado.org; Tim Cain <timc@newcastlecolorado.org>; Janet Aluise
<jaluise@townofsilt.org>; Chris Hale <chris@mountaincross'eng.com>; Orrin Moon <Orrin.Moon@Crfr.us>;
tillmon.mcschooler@xcetenergy.com
Subject: Peterson / Hannigan (Clean Energy Collective) - Solar Energy System, large - Referral
Hello,
The Garfield County Community Development Department has received an application for an Solar Energy
System, Large (1 MW) located on River Frontage Road (Highway 5) just east of the Town of Silt. Attached is the Referral
Forrrl regarding this application. PJease open and read it for instructions on accessing a digital version of the
application. Your comments are an important part of the evaluation process. ln order to review all appropriate agency
comments and incorporate them into the staff report, we request your response by Mondav May 16, 2016.
To access the application, go to: htto://records.sarfield-
countv.com/WebLink/CustomSearch.asox?SearchName=BuildineDocumentsearch
Search for "Permit Number (.fil.e No.I": MtpA-01-16-8415
David Pesnichak
From:
Sent:
To:
Cc:
Subject:
Kelly Cave
Wednesday, May 25, 2016 3:14 PM
David Pesnichak
Tamra Allen
Notice review for Peterson/Hanigan CEC Solar
I reviewed the notice for the above application. There are two errors in the mailings. One was the zip code for 155 Fiou
Family Ranch LLLP (should have been 81647). Richard Miller will testifo that he caught this error and corrected it prior to
mailing. The second error was for Short's address. The assessor has the mailing address as 21994 euiet Corner Rd,
Cedaredge CO 81413. The applicant sent the notice to the property address. Richard Milter stated that he would mail
another notice on 5124 to the correct mailing address, but not within the required 30 to 60 days prior to the hearing
requirement.
Constructive notice should be discussed with the planning commission to determine whether notice was sufficient.
Please let me know if you need anything further.
I(elly Cnve
Assistant Garfield Counry r\ttorncl
108 Sth Strcer, Suitc 219
Glenrvood Springs, C() 81601
Telephooc; (970) 9+5-9150, exr. 1735
Fas: (970) 38+-5005
Ernnil: kcnvc@garFrcld-coun q . com
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strictly prohibited and may be unlawful. lf you have received this message in enor, please notify the sender by replying
to this message and delete the email without further disclosure. Thank you.
I Complete items't, 2, and 3.r Prlnt your name and address on the r€verse
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