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HomeMy WebLinkAbout3.0 Staff Report BOCC 08.01.16Board of County Commissioners - Public Hearing Exhibits Clean Energy Collective Major lmpact Review Applicant is Brent Lewis Peterson and Dennis Hannigan August 1,2016 /pp.o*o( (FileM|PA-01-16-8415) ( s'o) Exhibit Number Exhibit Description 1 Public Hearino Notice lnformation 2 Proof of Publication 3 Mailino Receiots from Mailed Notice 4 Photo evidence of Public Notice Postino 5 Garfield County Land Use and Development Code, as amended 6 Garfield Countv Comprehensive Plan of 2030 7 Application 8 Staff Reoort I Applicant 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 Mav 16, 2016) 13 Referral Comments from the Colorado River Fire Rescue (Dated May 17,2016\ 14 Referral Comments from Gadield 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 Depaftment of Public Health and Environment (Dated Mav 9. 2016) 17 Referral Comments from the Town of Silt (Dated Mav 4. 2016) 18 Referral Comments from Xcel Enerov (Dated Mav 2. 2016) 19 Referral Comments from the Western Area Power Administration (Dated April22,2016) 20 Email from the Gadield Countv Attornev's Office (Dated Mav 25, 2016) 21 Letter from the U.S. Armv Coros of Enoineers (Julv 5. 2016) BOCC 8-1-16 File No. MIPA-01 -1 6-8415 DP PROJECT INFORMATION AND STAFF COMMENTS REQUEST APPLICANT - PROPERTY OWNER OPERATOR / UT!LITY ASSESSOR'S PARCEL # PROPERTY SIZE LOCATION ACCESS EXISTING ZONING PC RECOMMENDATION 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 approximalely 7 acres (10 acre lease area) on an overalltract 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 Approval with Conditions I. GENERAL PROJECT DESCRIPTION The Applicant is requesting a Major lmpact Review for a 10 acre (7 acre lease area) 1 MW solar array 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 bill with 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 invefter 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 inverler is proposed within the project area that will conveft 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 nofihern poftion 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. The Application was heard before the Planning Commission on June 8,2016. At this meeting the Planning Commission voted unanimously to recommend Approval with Conditions to the BOCC. Vicinity Map Aerial of Subject Parcel Proposed Site Plan lllustrative FacilitY T-YPICPgIYAW-E]{ tl':: I Lr SCAL: Photo Simulation of Site :E,,L; { lit.*,.r f,'ri" .l]! liii ',,{ r *, 1 .{., *;;,ii&if ., ,,4& !, t t.,. l4 ?t photo Simulation of Site from River Frontage Road, with Proposed Landscaping II. LOCATION . SITE DESCRIPTION The proposed 10 acre lease site and 7 acre array 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 approximalely 3/a ol 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 100-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 Boar of County Commissioner'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 longterm 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. . 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 10O-year floodplain. . Noted that glare could be an issue for adjacent property owners and/or drivers. 6. Colorado Parks and Wildlife: (See Exhibit 15) . 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. o Noted that overall the project should have minimal impacts on local wildlife. 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. L Xcel Energy: (See Exhibit 18). Additional application for a utility is necessary through Xcel. 1 0. Western Area Power Administration: (See Exhibit 19) . Noted that the facility will not have any impact on their facilities. 1 1 . 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. !V. 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 7-11O1 Solar Energy Systems. The Application materials include an lmpact Analysis and related consultant reports, technical studies, and plans. 7-101 - 103: Zone District Regulations. Comprehensive Plan & Compatibility The proposed use demonstrates general conformance with appticable Zone District provisions contained in the Land Use and Development Code and in particular Afiicle 3 standards for the Rural zone district. The Comprehensive Plan 2030 designates the site as RM (Residential Medium Density). Excerpts from the Land Use Description Section Chapter 2 and Section 10, Renewable Energy are provided below. Chapter 2 - Land Use Designations Residential Medium (RM): Smallfarms, estates, and clustered residential subdivision; density determined by degree of clustering and land preserued in open condition: 0%" open land - 1 du per <10 acres 50% open land - 1 du per 8 acres 70% open land - 1 du per 6 acres Density of residential uses: 1 du per 6 to < 10 acres Section 10 - Renewable Energy Vision Gartield County has encouraged the development of renewable energy sources throughout the county and has ensured that generating facilities are located in appropriate places in the county. The county has also ensured that county regulations are not unduly burdensome or difficult to negotiate in regards to the development and location of new renewable energy resources. /ssues There are incentives to explore alternative sources to conventional energy for the benefit of individuals, communities, and the county as a whole. There is potential that alternative energy is a tool for economic diversification. It is likety that the individuat and largescale use of alternative energy wittbecome more prevalent in Gartield County and the county needs to anticipate visualand other impacts. Goals l. Promote and encourage the development of renewable energy resources within the countY. 2. Encourage the implementation of energy efficient site design and buitding orientation in development proposals. O. Ensure that renewable energy activities mitigate their effects on the natural environment, including air quality, water quality, wildlife habitat, and visual qualitY. Policiesl. The county encourages the development of energy efficient building design and the use of alternative energy sources. Strategies and Actions: 1. Continue to devetop county standards for renewable energy installations. 2. Encourage current, and require future, PONHOA's to adopt local standards io promote and allow for renewable energy technologies to occur within their subdivisions. S. 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 Systems The Application represents that the facilities will be operated with minimal staff activities. The siie will be unmanned with visits to the site one to two times per year for maintenance and inspections. Potable water and portable toilets are proposed to be onsite during construction, which is expected to last 8 weeks. L0 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 & Roadways 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 approvalthe 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 round-trip (2 ADT) of a light vehicle (pickup truck) per month, at most. Anticipated long term traffic demand is one round-trip of a pickup truck every 6 months to a year. The traffic study indicates that the first week of construction will have average daily trips 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 approvalthat 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 77 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. o A Fire Department Knox Box or Knox Padlock should be installed at the entrance to the gate for emergency access. . 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. Staff recommends conditions of approval to address these issues noted by the Fire Protection District. 7-201 : Aoricultural 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. In addition, the facility is not expected to have negative impacts on any adjacent agricultural lands or operations. 7-202: Wildlife Habitat Areas The Applicant 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 site. This type of fencing will allow smaller animals to 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 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, Gafield 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 morlality to birds.o Noted that overall the project should have minimal impacts on local wildlife. 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 for the access drive, foundations, pile driving the l- beams into the ground, and underground transmission line, two pads for inverters and two pads for transformers. !n 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. L3 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. Gartield 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 Quality Any hazardous materials onsite are required to be installed and labeled in accordance with applicable local, state and federal laws. Such labeling and signage is required in accordance with the 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 Garfield 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 Gadield 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 severalvisual 74 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 Gadield 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: Liohting 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 Storage Adequate pofiions 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. 7-1 101 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 heard by the Planning Commission. 16 VI. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, that all perlinent 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. VI!. RECOMMENDATION The following recommended conditions of approval are provided for the Board of County Commissioners 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 5. 6. 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 That all representations made by the Applicant in the application shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 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. Applicant shall control fugitive dust during construction and operation of the Signage around the perimeter of the facility warning of electrical shock must be installed. 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. The Applicant shall comply with their Noxious Weed Management Plan including the best management practices. The solar facility area shall be surrounded by an 8' high game fence as approved by Colorado Parks and Wildlife. Raptor nest deterrent shall be installed on any perch where electrocution to raptors or other nesting birds could occur. Once the facility is installed and online, the operator shall conduct a training of the emergency shutdown procedures with Colorado River Fire Rescue staff. 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' 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. A fire depaftment Knox Box or Knox Padlock shall be installed at the entrance to the gate for emergency access. 7. The site. 8. o 10. 11. 12. 13. 14. 15. 16. L8 17. The access road shall be designed and constructed to the Standards outlined in Section 7-107 of the Land Use ind Development Code. 18. The landscaping shall be watered throughout the first 2 years after installation. 19 EXHIBIT I Garfield Cou 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, B' My application required written/mailed notice to adjacent property owners and mineral owners. UVLMailed notice was completed on tn" ZZ day of June- ..,2orc. &/l/- 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. &//4All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means ilistl . Please attach proof of certified, return receipt requested mailed notice. il My application required Published notice. @ Notice was publish ea ontne//'f8day of 20L6. r Please attach proof of publication in the Rifle Citizeh Telegram. W My apptication required Posting of Notice. ,%1 Notice was posted on the /?74av ot (./tth€-2016. fu Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. Signature: Date:/- zz- zo// Ad Name: 12171861A Customer: Clean EnergY Collective Your account number is: 3809793 I PROOF OF PUBLICATION STATE OF COLORADO, COUNTY OF GARFIELI) I, Michael Bennett, do solemnly swear that I am Publisher of The Rifle Citizen Telegram, that the same weekly newspaper printed, in whole or in part and published in the County of Garfield, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and unintemrptedly in said County of Garfield for a period of more than fifty-two consecutive weeks next prior to the first publication ofthe annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of ! consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 611612016 and that the last publication of said notice was dated 612312016 the issue of said newspaper. PUBLIC NOTICE TAKE NOIICE ihat Brent Lewis Peterson and Dennis Hanniqan as Personal Representative of the Eslate of Sandra Hannigan, has applied to lhe Board of County Commissionels, Carlleld County Slale ol Colorado, to request approval lor a I and lJse chanoe Permrt on a Droperlv silualed in lhe County ol 6arlield Slale of Colorai,o: to w(: Lesa! lcseipjpli PARCEL 1: EXHIBIT L-*/Oe6 THf,R[f"LJ.LOTT OF sECrtoN 12, AND THAI PAFtr oF LOT 1 OF SECTION'I1 , NWI/4NW1/4 AND NEl/4NW 1 /4 OF SECTION 12 LYING SOUTH OF THE NORTH LINE OF THE RIGHT-OF WAYglTlzf,N T'fl-L-f,-qtsA[f,FOR U,S, HIGHWAY 6 AND 24, ALL IN TOWN- SHIP 6 SOUTH. RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PARCEL 2: ATilACT oF LAND tN sEcrloN 11 AND 12, IOWNSHIP 6 SOUTH. RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, MORE PARTICU' LARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASI CORNER OF LoT 2 OF SECTION 12; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 2 AS EXTENDED SOUTHEHLY TO THE NOHTH BANK OF THE COLORADO RIVER; THENCE ALONG THE NORTHERLY BANK OF THE COLOFTADO RIVER TO THE INTERSEC. TION OF SAID BANK WITH THE WEST LINE OF LOT 1 OF SAID SECTION 1I EXTENDED SOUTHEFTLY: IHENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 1 . SECTION 1 1 AS EXTENDED SOUTHERLY TO IHE SOUTHWEST CORNER OF SAID LOT 1, IT IS THE INTENT AND PUHPOSE OF THIS CONVEYANCE TO COVEFI ALL MEANDEHED LAND BETWEEN THE NORTHERLY BANK OF THE COLORADO RIVER AND LOT 1 OF SEC- TION 11, THE RIVER AND LOI 1 OI SECTION 1 1 THE NW1/4NW1/4 AND LOI 2 OF SFCTION I2, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH PRINCIPAL MERIDIAN, EXCEPTING FROI\,,I EITHER OF IHE DE. SCRIBFD TRACTS I HE FOLI OWING: 1. A DEED FROI\,I JOHN L, PETEHSON AND MILDRED A PEIERSON TO UNITED STATES OF AMERICA RECORDED APRIL 1, 1965, AT RE' CEPTION NO, 229383. IN BOOK 365 AT PAGE 181 AS CORFIECTED BY DEED RECORDED .JUNE 18. 1965, AT RECEPTION NO, 230385, IN BOOK 367 AT PAGE 1 15; SUBJECT, HOWEVEFI' TO A CORRECTION OF THE AFORESAID DEEDS BY CROSS OUIT CLAIIV DEEDS BE- TWEEN ABOVE PARTIES BECORDED APRIL 3, 1 981 . AT RECEPTION NO. 31 3482, lN BOOK s68 AT PAGE 754 AND AT RECEPTION NO. 313483, lN BooK 568 AT PAGE 756: AND 2.A CONVEYANCE BY RULE AND ORDER FROM THE GARFIELD COUNIY DISTHICT COURT IN CASE NO. 6663, BECORDED IN THE GARFIELD COUNTY RECORDS AT RECEPTION NO. 253501, lN BOOK 430 AT PAGE 124; AND 3.A WARHANTY DEED TO GEORGE F. FIELDS AND JAIVIES M. FIELDS RECORDED JANUAFTY 10, 1980, AT FTECEPTION NO. 300822, lN BOOK 542 AT PAGE '135; AND 4 DtiPLICE SUBDIVISION ExElilPTlON FILED JUNE 9, 1 998, AT BECEPTION NO. 526501. Practical Descriotion: 35540 BIVER FRONIAGE BDJ{Ew CASTLE 81647,0.75 miles east ol the Town oJ Silt wilhin Section 12, Township 6 South, Ranoe 92 Wesr ot lhe 6lh PM. The properly is also-known bv Assessors Parcel No. All persons aflecled by lhe proposed plan are invil In wirness whereof, I have here- u,ntorsltny hand this ;l::::1'::::,,,,,"", rhis is a Major ,mpac,07^2t2016 ffi ffill":.":.Hii=.{."{^trii:,",fiPelerson and Dennis Hannigan as PerSonal MichaelBennett,Publisher ?;3',Si3?:11;:iJiTi,'ili?31i1lTi"ifTi?ila acres. I he Property is zoned Rural Publisher Subscribed and sworn to before me, a ed to aDoear and stale lheir views, prolest oI suooon. li vou can not appear personaliy al such notary public in and r". il" c""",v oicurn"ta, stut. ii?':fiI]{H!X}}l;""f,li"}heaflno, then you are urged lo slate your vrews by lell6r. as lhe Board ol Counly Commissioners of Colorado this 07/16. Pamela J. Schultz, Notary Public My Commission expires: November 1,2019 A Dublic hearinq on the application has been siheduled with the Board of countY Commissioners for Monday, August 1, 201 6 8t 1:OO P.M. in lhe Countv Commrssioners i/eeling Room, Garlield Counti Administration Building, 1 Og 8th Street, Glenwood Springs, Colorado. Planning Depanmenl Garfield County Published in the Citizen Telegram and the Glenwood Sprinqs Post lndependent June 1 6, and June 23, 201 6. 112171861) PAMETA J. SCHULTZ NOiAIIY PUALIC STATE OF COICF.ADC NOTARY rO ri9Sg.103Ce75 Nodffi l.20lt will oive consideralion lo lhe comments ol surro"urdino propenV owneIS. and others allecled, in decidinq whelhei lo granl or deny lhe requesl The aoolication mav be reviewed ai the oliice ol rhe Plinnino Deoartment localed at 1 08 81h Street, Suite 401: Carlield Counly Plaza Burldrng Glenwood Sorinos. Colorado beween the houc ot 8:30 a.m. an-d 5:OO p. m., Monday lhrough Friday. 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[f f]Ar,u( Slgnature Festrlclod Oeilv6ry- $ _aee $1 .3{i -rL/n.e/-a/ ga'nars erd zr? David Pesnichak From: Sent: lo: Subject: Attachments: Richard Miller <richard.miller@easycleanenergy.com> Wednesday, )une 22,2016 3:49 PM David Pesnichak Zip Code Changes Peterson Certified Mailer Property Owners and Mineral Rights owners with highlights 6-22-2015.pdf Hi Dave, per our discussion, the US postal Service made the following 3 changes to the zip codes for the above-referenced mailer: Propertv Owners 1.) Blue Ox Logcrafters, LLC - Garfield County shows the zip code to be: 81612 The USPS shows the zip to be: 8L623. The letter was sent to the 81623 zip code, per USPS input. Mineral Rishts Owners 2.) Leno B. Montover - Garfield county shows the zip code to be: 81535 The USPS shows the zip to be: 81635. The letter was sent to the 81635 zip code, per USPS input. 3.) Lura Jane Cook c/o Margaret K. Moxon - Garfield County shows the zip code to be: 99352 The USPS shows the zip to be: 99354. The letter was sent to the 99354 zip code, per USPS input. I have also attached the modified Property Owner's list and Mineral Rights Owner's list, for your information' please let me know what Kelly has to say, once she has had a chance to review this information. Thanks for your help. Best regards, Richard Richard L. Miller, AICP I Land Manager Phone: 303.809.2128 Office: 720.644.5732 Wr*rrffrrrr 6o $ol*r r.ryith ftlothing on Yourlloof ru www. easvclea n e n ergv.com @ttEtrE ffift How Communitv Solar Works Account Number Parcel Number Owner Name Owner Address R200554 27791220035t United States of America R015107 R015115 R200430 RAA6447 R150180 2179L274O$O 2L79L2LAOL48 2179L2200350 2L7912200660 218107200195 Brent Lewis Peterson & Sandra Hannigan United States of America Brent Lewis Peterson & Sandra Hannigan Blue Ox Logcrafters, LLC Carl MichaelShort Frances L. Short Mark G. Short Bureau of Reclamation 2764Compass Drive Suite #L06 Grand Junction, CO 81506 35960 River Frontage Road, New Castle, CO 8t647 Bureau of Reclamation 2764 Compass Drive Suite #106 Grand Junction, CO 81506 35960 River Frontage Road, New Castle, CO 8L647 P.O. Box 644 Carbondale, CO 81612 (81623 per USPS) 27994 Quiet Corner Rd Cedaredge, CO 81413 36590 River Frontage Road, New Castle, CO 8L647 R150186 218LO7200203 155 Fiou Family Ranch, LLLP $$ *\ Q* $ $$ I N \ $ Clean Energy {, r,)1i[:t.. ilVl June 22,ZOTG Dea r Property/Mineral 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 35540 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 review the 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 YS go ahead. power up. Clean Energy ( t I I I I '. ! I \' iThe Clean Enerqy Collechve ls a new tdea tn power generalion tri mernber'owned cooperative venture that builds and operates centralized clean power-general.ron laciltties at the co,nmunlty level 36l Centennial Parkway, Suite 3ff), Louisville, CO 80027 // phone 720-6{tr*.5732 ll fax970.692.2592 // 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 Board of County Commissioners, 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: Irgal Description: PARCEL 1: I,OT 2 OT SECTTON 12, AND 'I'IIAT PAIIT O}- I-OT I OII SICTION I I, NWI/4NWI/4 A}ID NEIi4NWI/4 OII SDC'I'ION 12 LYINO SOUTII O['I'IID NORTH I,INII OII IlITi RICIIT-OII.WAYIIOR TJ.S. IIICIIWAY 6 ANT) 24, ALL IN TOWNIiI IIP 6 IiOUTH, RAI'IGE 92 WIiSI'o[ 'l'lll.i SIX'rf I PRINCIPAL MIIRII)IAN, PARCEL 2: A'I'IIAC'I' OF I,AND IN SECTION tI AND 12, 'TOWNSHIP 6 SO(JTH, MNGIi 92 WUS"I' OII'I'}IIi SIX'I'H PTTINC II'AI- M IiIIIDIAN, MOR}] I)AT{I'ICUI,AR[J DESCRIBED AS FOLIOWS ; BEGINNINO AT THE SOUI'Ill;As'l'CoRNIll{OF t-OT 2 OF SEC'IION 12; TIIIJNCI] SOTITII AI-ONC TIIE IIAST I.INT| OI? SAID LOT 2 AS EXTI]NI)Ii:D SOI"''I'HT:RI"Y TOI'IIIJ NOI{'rII TIANK OII'I'I ID COLORAI'X) RIVI]R; TIiliNCIJ AII)NG THD NORI'IIIiRt,Y BANK OI; THE COLOIU]X) RIVIIIT 1'C' TIIE IN'I'IiRSEC'I'ION OF SAII) I]ANK WITH THE W[S1' I,INIJ OF LOI' t OT SAID SECTION I I tiH.I,NDI'D SOUTHERLY; I'IIENCU NORTIIERI,Y AI,ONC TIII WIIST LTNE OI] SAID II)T I. SI|CTION II AS EXTENDUD sou'l'ltEIU.Y 1'o THti s()rJ't'ilw1.:$'r cotrNt;R oF sAtD t.crr l. I'I' IS TI.IE INTENI' ANI) I'UITPOSU OII 1]IIS CONVIiYANCTi TO COVIiR ALL MEANDI]IIEI) I,ANI)lltilwllEN THE NOI{1'HtilU.Y I}ANK Oti' 't'HE COl.oRAlx) RtvF,t{ nND LoT I or $DC'I!ON il, 'r'ltt, Nl/4NW1/4 ANll tI)T 2 Ot' SIICTION 12. TOWNS}II'(r SOll'l'tl. IIANGL g2 WEST OF TllE 61'II PRINCIPAL MliIUl)lAl.l. IIXCEPTTNG FIT()M I]['I'IIE:R OIT THE DESCRII]ID'TRACTS IIIE FOLLOWINO: I. A DTiED FROM JOHN I. PITII,RSON AND MII,DRED A. PETERSON 'I'O I,INI'I'IjD S'IAI'I.:,S Or AMIRICA RECORDT'D APRII, I. IS65, A1'RF.CEPTION NO. 229383,IN I]OOK 365 A1' PAGU 18I AS CORRECTET)llY DI|HD ItECoItDIiD.ttrNu t8, 1965, AT RlicEp',tr0N NO.230385, IN BOOK 367 A't'pACIi ilS; SUBJI]C'T, }IOWIVNR, 'I'O A CORITECTTON OIT 'II.I[ AIiORIiSAID I)IODS BY CROSS QT]I]'CI,AIM DTiEDS BEI'WEIN ABOVE PARTTES RECoRDLD API{IL 3, I9EI, AT RECEPTION NO. ]I.1482. IN ITOOK 568 AT PAGIi 7s4 AIIDAT RECIiPTION No.313483, IN BOOK s68 A1' I'ACli 756; ANI) 2. A CONVIjYANCE BY RUI,E AND OITDER IIROM T}II1 CAIII;III,D COI..,NTY DISTRICT COURT IN CN SE NO. 6frfi3, RECORDEI) IN .ITID GARTTNLD COI,NTY ITECORDS A,T RI:CEPTION NO. 25350I, IN I](X)K 430 Al'PAGE l2a; ANI) 3. A WARRAN'I'Y l)lrED T() GEOROIi F, trlH-DS AND JAMEti M. Hlll.l).S RI]CORDBD JANUARY 10, 1980, AT RtiCEpl'lON NO. 3AO8Z2, tN B(X)K 542 AT PAOE t"15; ANI) 4. DUI'LICI SIJBDIVISION IXTMIYI.ION }'II,IiD JIIN}-: 9, I998, AT RUCEPTION NO, 52650I Practical Description: 35540 RIVER FRONTAGE RD., NEW CASTLE 81647,0.75 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 lmpact Review Land Use Change Permit for a 1 MW commercial Solar Energy System, Large on approximately l0 acres owned by Brent Lewis Peterson and Dennis Hannigan as Personal Representative of the Estate of Sandra Hannigan. The overall property is approxirnately 41.08 acres. The Property is zoned Rural. 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 Board of County Commissioners will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to grant or deny the request. The application may be reviewed at the office of the Planning Department located at 108 8th Street, Suite 401, Gartield 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. earfield- county.conrAvebl.ink/CLr.stqtlr$e"flfolt,irs&I?$ iUgfl.Natlte=lstrilclingDoctrlticntSear$h (Search for File No. MIPA-0 1- 16-84 I 5). A public hearing on the application has been scheduled with the Board of County Commissioners for Mondayf August l, 2Ot6 at 1:00 P.M. in the County Commissioners Meeting Room, Garfield County Administration Building, 108 8th Street, Glenwood Springs, Colorado. Planning Departrnent Garfield County Clean Energy( OLLTCTIVE, Narrative for Maior lmpact Review - Land ube chanEe Permit Peterson Tract - Garfield Countv June, 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 35540 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. 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 LO,6ZO 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 systern 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 TO SCAIE TRACKER SYSTEM Mffi tr W\# Ihe Clean Energy Collectrve ts a new id€a ilr power generation A member-owned- cooperative venture that builds and cperates centralized cldan power-generation facilities at the comlxunlty level go ahead. power up. Clean Energy COLLECTIVE TYPICAL PV ARRAY RACKING SYSTEM 361 Centennial parkway, Suite 300, louisville Co 80027 /l phone ?20'64+5732 // tax970.692.2592 // easycleanenergy.com Clean Energy COI".L ECI-IVE 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 hverter 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 'Ihe Clean Energy Collectrve rs a ne$/ rdea in power gerraralion A memher-ownecl cooperative venture that builcis and oPerates centralized clean power-generation licilities nt the cornrnunity lovel. Clean Energy ("OLtECIIVE Wffi,S W *# go ahead. power up. ; E(:l q 3Sl CentennialParkway, Suite 3(X!, Louisville CO 80027 // phone 720-64H-.5732 // 1ax970.692.2592 // easycleanenergy.com Clean Energy r. t)l \ i. t I tvi 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. Tvoical Fencins on Perimeter of Lease Area Alternate Game Fencing on Perimetgr of Lease Area Yts go ahcad. power uP Clean Energy t {.t1ti-( llVtThe Clean Energy Collettrve rs a rlew ide;r ttl irowtr generatiolr A memher-ovlned r:ooperirl.ive venture that burltls and oP?ratei: centralizecl cleatr porr'./er-qenelatiorl [DCrlitiEs i)t tlrecDrJlfnuni\' lcvel 36l Centennial Parkway, Suite 300, Louisviile, C0 80027 '$, ", i JeF4 // phone 720-6{@.5732 l/ tax970.692.2592 // easycleanenergy'com EXHIBIT itr.:r ' 1l)t',,r, '., Nti:,t,::...\'11\1..:; ' i/)1lr.t: :, 11.,..., : l|t.:t. ) 'tii,:,,i;t;' 'tl::/' . '$::;i' 'U:t,". {r.t ', lgi.1.lllt.r -,'.' ;/,;li1!:i1 .,:,1 ''/ii;1| t I 1,1 flti' fltl.tl Wi''lli. 'tl,;":,t:. :..lllttil), lil r,.i,l:: t EXHIBIT $rrEf ffiEliHHtfV SEIAL*[i: * SPG14AWARDS !vi,.i w. q olarpo'.v crHtlncri}:'*11 i rs;) il oria IUTOUNTAIN EROSS ENGINEERING. [NE. Civil and Environmental Consulting and Design EXHIBIIT May 9,2076 Mr. David Pesnichak Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Rcviclv cf the Pctcrson-Ilannigan Sclar Energy' System: I{IPA-01-t{t'8415 Dear David: This office has performed a review of the documents provided for the Peterson-Hannigan Solerr 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 necessary to the access based on the CDOT acoess permit. Additionally, the Applicarrt should discuss any improvements that may be necessary to bring the driveway up to current Garfield County standards for geometry and grades. o 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 panel.s 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, 826'/zGrand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com David Pesnichak Sent: To: Cc: Subject: Follow Up Flag: FIag Status: Sto rey - CDOT, Carol < ca ro l.a.storey@ state.co'us > Tuesday, April 26, 2016 1:16 PM David Pesnichak Roussin - CDOT, Daniel File No. MIPA-01-16-8415 for Clean Energy Collective Application Flag for follow up Flagged Hello David, In response to your request for comments regarding the land use application for the solar farm on Hwy 0704 near Mile Marker 99.22: CDOT has issued an access permit (# 31602l) 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 plrmit 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 | F e70.683.62e0 222 South 6th Street, Room 100, Grand Junction, CO 81501 carot.a.storev@state.co.us I wwr,v.coclot.sov I www.cotrip.orq EXHIBIT tr EXHIBITlz Gaffield Cou@) Yegetation Management May 16,2016 Davirj Pesnichak Garfield County Community Development Department RE: MIPA-01-168415 Dear David, fie Revegetation Plan and the lntegrated Noxious Weed Management Plan is acceptable. Steve Anthony Garfield County Vegetation Manager 0375 Cannty Road 352, Bldg 2060 Rlfle, CO 81850 Phone: 970-9'15-1377 r t1305 Far 97M25-5939 Please let me know if you have any questions. EXHIBITtt: Colorado River Fire Reseue David Pesnichak 108 8th Street, 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-0I-16- 8415, Clean Energy Collective Solar Array located at35960 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 EXHIBIT C.2 LEGAL DESCRIPTION OF THE EASEMENTAREA [To be included after survey] EXHIBIT C. / Nctlh l/ 4 Corrter Secliott ,2 \wmN* -* iJf,,i,,n,-,,0'l Dia. Cop LS 20133 in P9"y * - s & Utiltty co l. .: i$= - uq@ xEi I"l S:€mc"' E'I E: -r{-8.96 dE,3 .$&coo A Ea$ettent (O 2OB A<:test) 21.O', 18',Wide Access Noad Petersol ProPefl! Parcel N o, 2 1 79 - I 2,1 -() o' 3 50 4 1.1 4 3 Acres t SCALE: 1"- 100' DATE.. APRIL 20, 2016 JAB NO: 15122-01 SHEET: 1 OF 2 I,INE BEARING DISTANCE LI N 1 1"2t'52" W 23.57 s at'!4',15 W Li s 8a'35',45',E )q o{)' L4 $ 0,?4 r15" l{'24.0O' L5 N ti8,35 45" W 29,0O L6 s c1"24 1 .i" VJ 32.OO', MJti"35 4.1," W 24 00 t,8 s ot"24 t5" W 283. I 3', L9 N 1 1"21 '52" W 2i.6C' t-to s 7/5641'W ,14_ou' CURVF)FADIII.S APrl LENA'I'H CHARD ],1'NG'T'H CHORD DEARING DELTA ANGLE C1 2A-OO',43 Ats 39.60 s 4.3',:.t5 45" h)so"oo oa" c9.43.98'39 6a s 46'24'.15" w 90"00'oo' EXHTBI'.I'c-Z- A STR'P OF LAND FOR T'HE PURPOSL, OFANA(,'(-'ESS AND UT'ILITY EASEMENT SITTJATE IN THE NEt/4NW1/4 SECT(ON 12, T}WNSHI? 6 SOU1'H, RArvcE s2 rEST OF rHE 6TH P,M,, COUNTY O!' GARI"IIILD, S'IATE OI,- COLORADO. SA]' PARCEL Ot,'LAND BEING A PORTION OF A PARCEI. OF LAND DDSCRIBED IN QT}TT CI"AIM DEE,D RECORDED AT BOOK 568, PAOE 754, AS FILED WITH THE GARFIET,D COUN'TY CI,ERK AND RECORDER'S OFFICE, ALL BEARTNGS ARE RELATIVE TO A BEARINO OF 589"34'3}"8 BETWEEN THE NORTHWEST COR,iYER OF SECTIO/V 12, A 3" DIA, GARFTELD COTJNTY SURVDYOR BRASS C/P LS NO, J 4 1 1 1 IN PLACE AND THE NORTH 1 / 4 CORNER OF SAID SEC?/ON 1 2, A 3U DIA, GARFIELD COUNTY SUJ?YDTOR .BRASS CAP LS NO. 14111 IN PLACE, SAID S'|'RIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FALLAWS: COMMENCINC A7'SAID NORT'H 1/4 CORNER SECf/OTV 12,'I'HENCE 552"35'56"W 1583.96 I.'EIJ'["lO A POIN'I'ON 7'I1E NOR'I'II LINE OI,'SAID PARCEL OF LAND DESCRIBDD IN QUIT'CLAIM DEED RECORDED AT BOOK 568, PAGE 754, THETRLIE PAINT AF BEGTNNING; THENCE ALONO THE PERIMET'ER OF.SA/.D ACC'ESS AND U'NUTY EASEMENT THDp'aLLowINO TWtiLVE 1l2j COURSES: 1.) S 1 1'2 1'52"8 23. 57 r;EE 1'; 2.)SO I "24', 1 5"W t 73. 82 FBa',r',; S.)ALONG THE ARC OF A CURVE'ID TI.TE LEF'\'IIAVING A RADIUS OF 28.00 FEE'|" AN ARC LENGT'H OT' ,13,98 IIEEI'(CHORD IIEA,I{S 543"35'45'8,, 39,60 ?'EET); 4. ) 588"3 S', 4 5"8 29. OO FEET; 5. )SO 1 "24', 1 5"W 24.OO FEET; 6. ) N 8B' 3 s' 4 s" W 29. Oo t'bD l',; 7.) ALONG TNE ARC OF A CIJRVE TO THE LEFT HAVING A RADruS OF 2B.OO FEET, AN ARC LENGTH OF 43.98 FEET (CHORD BEARS 546"24'r 5-W, 39.60 FEET); 8. ) SO 1 "24' ) 5"W 32.OO FEET'; 9.) N8B"35'4 5"W 24.OO FEET;1O.) NO1.24'15"8 283.13 FEET;11.) N11"21's2'W 20.60 FEE?;12.) N77"56'44"8 24.A0 FEET TO THD aOINT Orr BECTNNING. SAID ?ARCET- Or. t,ANr) CONTAINING 0.208 ACRES. MORE OR LESS, DATE.. APRIL 20, 2016 JAB NO: 1s122*O1 SHEET: 2 OF 2 David Pesnichak From: Sent: To: Subject: Attachments: Hi Orrin, Richard Miller < richard.miller@easycleanenergy.com > Monday, May L6, 2016 3:36 PM Orrin Moon Hammerhead and Access Drive Peterson Access Drive Legal Description & Exhibit from Bookcliff 5-16-201"6.pdf It was good talking with 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 legsofthehammerheadandtheradiusesofthecurvesonthedriveway. Pleaseletmeknowifthesemeetthe 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 into the soil, thereby limiting the damage to the site and limiting 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 mix that is good for the area. We are flexible on the grass seed mix and are willing to look at other options, if you have concerns with the suggested grass mix. Regarding mowing, Clean Energy Collective is responsible for noxious weeds and mowing of grasses within our lease area (approximately L0 acres). We typically mow the grass on an as-needed basis, or Z-3 times during the growing season. weplantoinstalla"knox-box"ontheaccessgateforfiredepartmentaccesstothesite. Pleaseletmeknowifyouhave a preference for the style or model of the knox-box. Regarding a training session on site for emergency personnel; I would be glad to arrange 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 look forward to working with you and the emergency services personnel on this project. Best regards, Richard Richard L. Miller, AICP I Land Manager Phone: 303.809.2128 Office: 72A.644.5732 Wy';t:[:xv,r Go $olar with fforAinE cn Your rQnof B' www.easyclea n energv.com EXHIBIT 'l 95 W. 14th Street Rifle, CO 81650 (970) 625-5200 2014 Blake> Avenue Glenwood Springs, CO 81601 (970) e45_6614 Garfield County Community Development 108 8th Street Glenwood Springs, CO 81601 Attn: David Pesnichak May 17, 2016 Hello David, My comments for the Peterson/Hannigan Solar Energy Array are limited as the operationgenerally does not appear to pose issues for environmentalhealth. We support renewableenergy and efforts to make our community more sustainable, and solar arrays are in alignmenl:with these goals. A few questions/comments 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 isection oitt," parcel is within the floodplain. ls this because the operation itself witt Oe on a section of theproperty that is not within that bound ary? Or is there actually a discrepancy there?Either way, it appears the solar panels themselves are likely situated high enough aboveground so as to not be impacted by high water.2' The applicant has addressed how they will respond to potential glare coming from thepanels. We encourage evaluation of glare after the array is instjlled to ensure it is notimpacting adjacent lands or motorists along l-70 or the fiontage road. Please feelfree to contact me with questions. Thank you, ,i"'"' 'l /. Morgan Hill Environmental Health Specialist lll Garfield County Public Health 195 W. 14th Street Rifle, CO 81650 (e70) 665-6383 Gaffield County l'ublic Heultlt Garfield County Public Health Department - working to promote health and prevent disease Affi.COLORADO Parks and Witdtife Department of Natural Resources 71 1 lndependent Avenue Grand Junction, CO 8'1505 P 970-755-6100 EXHIBITt ls-- May 10, 2016 David Pesnichak, Senior Ptanner Garfield County Community Development Department 108 8th St Suite 401 Gtenwood Springs, CO 81601 RE: Peterson / Hannigan Sotar Energy System Dear Mr. Pesnichak, Cotorado Parks 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 aniicipat"dwi!dtife impacts resulting from this project, and atso provide ideas to mitigate possibte impacts towitdtife species. The proposed project is [ocated within Mule Deer and Etk winter range. During more severe winters, itis common to see deer and etk utitizing the area. The project area iI frequenftd by raptors, inctuding hawks, eagles and owls. Raptors foragle for smatl ,amra[, in the heavity grazed pasture at the site. CPW recommends using an eight foot high fence and marking the top strands of wire with ftagging orother highty visible materiat to discourage deer and etk from ;umping the fence. Additionatt,, CpWrecommends that raptor perch deterrents be instatted on any-above ground wiring that coutdpotentialty cause etectrocution mortatity to birds. lt appears as though a detaitel weed management and. re-vegetation ptan is inctuded in the ptanning documents. Given the relativety smatt scate'of theproject and its proximity to existing disturbance along lnterstate 70, the project s'houtd uttimatety have minimal impacts on [oca[ witdtife. Thank you for the opportunity to comment on this project. lf there are any questions or need foradditionaI information, please contact me. Sincerety,zb Brian Gray, District Witdtife Manager, Rifte cc: JT Romatzke Lyn Huber Michael Warren Bob D. Broscheid, Directff, Cotorado Parks and WiidLife . Parks and Wiidlife Commission; Robert W. Bray . 65111 6r.,,tian, Chair o Jeanne Horne, Vjce-ChairJr:hn Howard ' Bitt r"ane ' Date Pizel .JamesPrjbyt,Secretaryo J.:rnes vigjl . Dean wingfietd o MichelLe Zjmmerrnan. Aiex Zipp ., 6f rO1,. .aa i_\ t.f,..1:' ;;7'4. ,l '.a \lr'' -.{ji"'t.'..i /i t6 l.' David Pesnichak From: Sent: To: Subject: May 9, 2016 Kuster - CDPHE, Kent <kent.kuster@state.co.us> Monday, May 09, 20767:72 AM David Pesnichak MIPA-01-16-8415 David Pesnichak, Senior Ptanner Garfietd County Community Devetopment Department 108 8th Street, Suite 401 Gtenwood Springs, CO 81601 Re: Fite No. MIPA-01-16-8415 Dear Mr. Pesnichak, The Colorado Department of Pubtic Heatth and Environment has no comment on the Peterson/Hannigan Solar Energy System MIPA-01 -16-8415. We do suggest that the appticant comptywith att state and federal environmenta[ rutes and regutations. This-liay require the appticant or itscontractor to obtain a permit for certain regutated aitirities before you can emit or discharge apo[lutant into the air or water, dispose of hazardous waste or engag" in certain regulatedactivities. Please contact Kent Kuster at 303-692-3662 with any questions. Sincerety, Kent Kuster EnvironmentaI Speciatist David Pesnichak From: Sent: To: Cc: Subject: Hello David: Janet Aluise <jaluise@townofsilt.org > Wednesday, May 04,2076 2:L7 PM David Pesnichak Tamra Allen Peterson Solar Farm Last night at the Town's Planning & Zoning Commission meeting, the Commission made a motion to recommend to the Garfield County Planning Commission approval of the Peterson Solar Farm, located just east of the Town bounrlary on River Frontage Road. The motion passed unanimously. Thank you for the opportunity to participate in this process. Have a great week. Janet Aluise C ommunity D ev elopme nt Dir e c t or Town of Silt z3r N. 7th Street P.O. Box 7o Silt, CO 811652 bZo) 876-453Ext. ro8 (office) bz") 876-2937 $ax) ialuise@townofsilt.org ianet@townofsilt.org 19r 5 - 2015 l OO Years of Community! This electronic mail mqlsagel including all attachments, is for the sole use of the intended recipient(s) and may containconfidentialand/or privileged information or otherwise may be protected 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 intendedrecipient, please contact the sender and delete the message and any attachmentis) from your system. Thank you. David Pesnichak From: Sent: To: Subject: Flag Status: McSchooler, Tillmon B <tillmon.mcschooler@xcelenergy.com> Monday, May 02, 2016 1:53 PM David Pesnichak RE: Peterson / Hannigan (Clean Energy Collective) - Solar Energy System, Large Referral Flagged David, 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 Builder's Call Line/Engineering Department to request a formal design for the project. A full set of plans, contractor, and legal owner information is 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. Enginer:ring and Construction lead times will vary depending on workloads and material availability. Relocation and/or removal of existing facilities will be made at the applicant's expense and are also 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-Engineering 2538 Blichmann Ave. Grand Junction, CO 81505 P : 97 0.244.2695 C : 97 0.27 0.1 953 F : 97 0.244.2661 E: tillmon.mcschooler@ xcelenerqy.com From: David Pesnichak Imailto:dpesnichak@garfield-county.com] Sent: Thursday, April 2L,20L612:39 PM To: Wyatt Keesbery; Kelly Cave; Steve Anthony; Morgan Hill; Chris Bornholdt; Roussin - CDOT, Daniel; ingrid.hewitson@state.co.us; bret.icenogle@state.co.us; Hoyer - DNR, Scott; msenor@blm.gov; bpederson@wapa.gov; mharrison@newcastlecolorado.org; Tim Cain; Janet Aluise; Chris Hale; Orrin Moon; McSchooler, Tillmon B Subject: Peterson / Hannigan (Clean Energy Collective) - Solar Energy System, Large - Referral XCEL ENERGY SECURITY NOTICE: This email originated from an external sender. Exercise cauLtion before clicking on any links or attachments and consider whether you know the sender. For more infonnation please visit the Phishing page on XpressNET. Hello, David Pesnichak From: Sent: To: Subject: Follow Up Flag: Flag Status: David, Pederson, Elling < BPederson@wapa.gov> Friday, April 22,2016 10:55 AM David Pesnichak RE: Peterson / Hannigan (Clean Referral Flag for follow up Flagged Energy Collective) - Solar Energy System, Largr-" Thank you for providing Western Area Power Administration with an opportunity to review the application for the solarenergysystem,whichisthesubjectofCaseNo.MlPA-01-16-8415. Westernhasreviewedtheinformationandhas determined that the proposed development does not have any impact on our facilities. Brian Brian Pederson, SR/WA I Realty Specialist Western Area Power Administration U.S. Department of Energy Rocky Mountain Region I Lands Dept I MailCode A7400.1V PO Box 3700, Loveland C0 80539 970-461,-7220 | bpederson (at) wapa.gov From: David Pesnicha k [mailto:dpesnichak@ga rfield-county.com] Sent: Thursday, April 21,207612:39 pM To: wyatt Keesbery <wkeesbery@garfield-county.com>; Kelly Cave <kcave@garfield-county.com>; steve Anthony<santhony@garfield-county.com>; Morgan Hill<mhill@garfield-county.com>; Chris Bornholdt <cbornholdt@garcosheriff.com>; Roussin - CDOI Danielcdaniel.roussin@state.co.us>; ingrid.hewitson@state.co.us; bret.icenogle@state'co.us; Hoyer - DNR, scott <scott.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@xcelenergy.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 (L MW) located on River Frontage Road (Highway 6) just east of the Town of silt. Attached is the ReferralForm regarding this application. Please open and read it for instructions on accessing a digitalversion of theapplication' Your comments are an important part of the evaluation process. ln order to review all appropriate agencycomments and incorporate them into the staff report, we request your response by Monday May 16, 2016. To access the application, go to: http://records.garfield- rch.asox?Search Namp- Search for "Permit Number (File No.),,: MlpA-01-16-g415 EXHIBIT f;zoDavid 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 testify 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 2L994 Quiet Corner Rd, Cedaredge CO 81413. The applicant sent the notice to the property address. Richard Miller 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. Iielly Cave Assistant Garfield Counh Attorney 108 8th Street, Suite 219 Glenrvood Springs, CO 81601 'I'elephone: (970) 9.15-9150, ext. 1735 Fax: (970) 38+-5005 Email: kcave@eatheld-counry.com CONFIDENTIALITY STATEMENT: This message and any attachments are confidential and intended solely for the use of the individual or entity to which it is addressed. The information contained herein may include protected or otherwise privileged information. Unauthorized review, forwarding, printing, copying, distributing, or other use of such information is strictly prohibited and may be unlaMul. lf you have received this message in error, please notify the sender by replying to this message and delete the emailwithout further disclosure. Thank you. DEPARTMENT OF THE ARMY U.S. ARMY GORPS OF ENGINEERS, SACRAMENTO OISTNICT 1325 J STREET SACRAMENTO CA 9s814-2922 E'ffiIBIT Z{ July 5, 201G Regulatory Division (SpK-201 6_00403) Clean Energy Collective Attn: Mr. Jonathan Fitzpatrick 361 Centennial parkway, 3rd Floor Louisville, Colorado 80A27 Dear Mr. Fitzpatrick: This concerns your proposed Clean Energy collective Xcel-Garfield-Bp solar energyconversion project- The project includes insiailation of: tracker sot"r pr*ls mounted onsteel l-beam foundations; a pad mounted transformer; inverters attached to array rows;underground three phase electric transmission lines; a 1s-foot wide gravel access; and,a perimeter fence with gate. The approximately 41-acre project site is located at 35g60River Frontage Roa!, along the right bank of the colorado River, within section 12,Township 6 south, R9!-ge g2 weit, sixth_Principal vLrioian, Latitude 39.54s768",Longitude -107.619s68', in New casfle, Garfield county, coroirJo. - -- Based on the information you have provided, we have determined that the proposedwork will not result in the discharge of dredged or ntt material within waters of the Unitedstates' Therefore, a Departmeniof the Arriy permit is not required for this work.Measures should be taken to prevent construction materials and/or activities from enteringany waters of the United States. Appropriate soil erosion and sediment controls should beimplemented onsite to achieve this end. our disclaimer of jurisdiction is only for this activity as it pertains to section 404 ofthe Federal Clean Water Act and does not refer to, nor affect jurisdiction over anywaters present on site. other Federar, state, ano iocat raws may rppty to you,.activities' Therefore, in addition to contacting other Federal and local agencies, youshould also contact state regulatory authoriti6s to determine whether your activities mayrequire other authorizations or permits. We appreciate your feedback. At your earliest convenience, please tell us how weare doing by completing the customer survey on our website under customer seruiceSuruey. Please refer to identification number sPK-2016-00403 in any correspondenceconcerning this project. If you have any questions, please contact me at the ColoradoWest Branch, 400 Rood Avenue, Room 224, Grand'Junction, Colorado g1s01 , by emailat w'travis'morse@usace.army.mil, or by telephon" "i gzo- 242-11gg x1014. For more -2- information regarding our program, prease visit our website at wt uw. s p k. u s a c e. a rm y. m i I / M i s s i o n s/R e g u I ato ry. a s p x . Sincerely, Travis Morse Senior Project Manager Colorado West Branch Regulatory Division cc: Mr. Brent Peterson, P.O. Box g6b, New Casfle, CO 91647 Mr. Richard Miller, Land Manager, Clean Energy Collective, 361 Centennial parkway, 3rd Floor, Louisville, CO 80027 Ms. Tamara Allen, Garfield County Building & Planning Department, 108 gth Street Suite 401, Glenwood Springs, CO 81601