HomeMy WebLinkAbout7.0 Staff Report BOCC One-Year Extension Request 08.14.17BOCC 8-14-17
DP
REQUEST
PROPERTY OWNER
OPERATOR/UTILITY
REPRESENTATIVE
LOCATION
PROJECT INFORMATION
One-Year Extension - Peterson / Hannigan
Solar Array
Brent Lewis Peterson and Dennis Hannigan
Clean Energy Collective / Xcel Energy
Derrick Worden, Clean Energy Collective
35540 River Frontage Road (Hwy 6),
approximately 0.75 miles east of the Town of
sitt
I. BACKGROUND
The Board of County Commissioners (the Board) conditionally approved a request for a
"Solar Energy System, Large" Major lmpact Review for a7 acre (10 acre lease area) 1
MW solar aray within an overall 41.08 acre parcel. The approval was granted on
August 1,2016 and memorialized in Resolution 2016-54 (Exhibit 2). The Land Use and
Development Code of 2013 (LUDC), as amended requires satisfaction of conditions
within one-year of approval.
Since approval in 2016, the Applicant has satisfied two of the four conditions necessary
to obtain the Land Use Change Permit. The conditions that have been satisfied are
Condition #2 (See Exhibit 3) and Condition #4 (See Exhibit 4) within the Resolution of
Approval. The outstanding Conditions of approval #1 and #3 that need to be satisfied are
as follows.
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 fo 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 pornf on to
River Frontage Road. This explanation shall be reviewed and accepted by
the Gaffield County Contract Engineer prior to issuance of the Land Use
Change Permit.
The operator has provided a letter of explanation (Exhibit 1) that generally states that
due to staffing changes at Clean Energy Collective, the Conditions were not able to be
fulfilled within the allotted timeframe. ln addition, the operator still plans to install the
Array as approved and does not anticipate any further delays.
II. AUTHORITY
The Board has the authority to grant extensions pursuant to Section 4-101 l. of the
LUDC, which states:
l. Extension of Conditional Approval.
It is the Applicant's responsibility to timely satisfy any conditions of approval. Pior to the
expiration of a conditional approval, however, the Applicant may request an extension of
the expiration date as follows:
1. Suppofting Documentation. Application shall be made to the decision
maker fhaf issued the original approval and shall include a written
explanation of the reasons why the conditions have not been met and the
estimated timeframe in which the conditions will be met or completed.
2. First Extension.
a. Extensions of 1 year may be granted for all conditional Land Use
Change approvals, and Subdivision or Conseruation Subdivision
Preliminary Plan approvals.
b. Exemptions and Final Plat approvals may be extended by a peiod
of 90 days.
3. Additional Extensions. Reguesfs for longer periods of time, or additional
time extensions following the first extension, shall be made to the decision
maker that issued the original approval, pior to the expiration of the current
approval.
4. New Application Required. lf an Applicant fails to timely request an
extension as sef forth in section 4-101.1., the approval will be void and the
Applicant must submit a new application for the desired Land Use Change
or division of land approval notwithstanding the foregoing, the BOCC may
grant an extension of an otherwise expired approval upon a finding by the
BOCC that the failure to file for an extension was due to extenuating
circumstances and that it benefits the public interest to grant the extension.
IV. STAFFRECOMMENDATION
Staff recommends that the Board grant this first extension, for one year, to the
conditional approval contained in Resolution No. 2016-54 for the Peterson / Hannigan
Solar Array. The approval shall expire if the conditions are not met on August 1,2018.
EXHIBIT
I
From:
Sent:
To:
Subiect:
David,
David Pesnichak
Derrick Worden < derrick.worden@easycleanenergy.com >
Monday, July 31, 2017 9:08 AM
David Pesnichak
Request for Extension - Permit # MIPA-O1-16-8415 (Peterson/Hannigan)
CEC would like to formally request for an extension to the "Peterson" project, Major lmpact Review Application. As you
are aware, we were unable to resolve the outstanding conditions of the permit by the Aug. 1st, 2017 deadline. Richard
Miller started the Major lmpact Review, and because he is no longer with CEC we were unable to pick up and resolve the
final conditions in a timely manner. We are still under contract with the Peterson's until Dec., and we plan to continue
developing this project. Now that I have taken over for both Richard Miller and Jonathan Fitzpatrick and I am fully up to
speed on the status of the project, I don't foresee any delays in getting the final resolutions completed within the 1 year
extension period. While I do not think we will need the full 1 year extension to resolve the final conditions, I would still
like to request the 1 year extension. I would estimate we could have the final conditions completed in approximately 90-
120 days.
I would also like to request that we are put on the agenda for the next available BOCC meeting date. Please let me know
if you need any additional details or information.
Regards,
Derrick Worden
Land Manager Clean Energy Collective
P 720-210-5452 C 303-968-5987
THE POWER TO... CleanEnergyCo.com
I I ll flilrillill Hl [il' r lt il li l{lrl+I llJ,I ], H I ItI I J, li, U',,[ il ll IReception$: 88111408/1612016 O8:35:59 ftI,l J.rn Alb6ritroI of 6 Reo Fee:$O.OO Doc Fea:0-90 CARFIELD COUNTY CO
EXHIBITlz-
STATE OF COLORADO )
)ss
Countyof Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners'Meeting Room, Garfield County Administration Building
in Glenwood Springs on Monday, the ls day of August A.D. 2016, there were present:
JohnMartin Commissioner Chaimran
Mike Samson . Commissioner
Tom Jankovskv . Commissioner
Tarri Williams , County Attomey (absent)
Kellv Cave , Assistant County Attomey
Jean Alberico , Clerk of the Board (absent)
Kevin Batchelder , County Manager
when the following proceedings, among others were had aod dong to-wit:
REsor,urr o*noil!5y'
A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE, PERMIT FOR A
soLAR ENERGY SYSTEM, LARGE (n,IrPA-0r-rG841s) OPERATED BY CLEAN
ENERGY COLLECTM, ON A 10 ACRE PORTTON OF A LARGER 41.08 ACRE
PROPERTY OWNED BY BRENT LE\MIS PETERSON AND DENMS EANIMGAN,
LOCATED AT 35540 RIVER F'RONTAGE ROAD EAST OF THE TOWN OF SILT IN
SECTION 12, TOWNSITIP 6 SOUTH, RANGE 92 WEST OF TrrF'- 6nI PRnICTPAL
MERIDIAN, GARFIELD COI'NTY
PARCEL NO# 2 r 79-t 22-00-s 50
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, "Board" received
a rsquest for a Land Use Change Perrnit to allow a Solar Energy System, I.arge, as further
described hE:fiibitA, Site Plan-
B. The Solar Energy System, Large, known as the Peterson / Hannigan Community Solar
Array, is located on an approximately l0 acre portion of a 41.08 acre parcel of land owned by
Brent Lewis Peterson and Dennis Hannigan.
C. The subject property is located withinunincorporated Garfield County in the Rural zone
district east of the Town of Silt offRiver Frontage Road and accessed by an approximately 380
foot private access road.
c
il I ll,r|r ['l] I H,l f it' ltli ]1 ri lt ]ll tl llfiil#FllYt I,r], I ll IReceptionH: 881114
ASl1612A16 08:35:59 ClYl Jean Blberico2 of 6 Ree Fee:g0 00 Ooc Fee.0,00 GQRFIELO C0UNTY C0
D. A Solar Energy System, Large may be permitted in the Rural zone district with a Major
Impact Review.
E. The Board is authorized to approve, deny or approve with conditions a Major Impact
application resulting in issuance of a Land Use Change Perrnit pursuant to the Garlield County
Land Use and Development Code, as amended.
F. The Planning Commission opened and closed a public hearing on the 8th day of June,
2016 for consideration of whether the proposed Land Use Change Permit should be recommended
for approval or denial, during which hearing the public and interested persons were given the
opportunity to express their opinions regardiug the request. At this hearing, the Plauning
Commission voted 8-0 to recommend that the Board of County Commissioners approve the Land
Use Change Permit with conditions.
G. The Board of County Commissioners opened a public hearing on the l't day of August,
2016 forconsideration of whethertire proposed Land Use Change Permit should be granted or
denied, during which hearing the public and interested persons were given the opporhrnity to
express their opinions regarding the request.
H. The Board of Counly Commissioners closed the public hearing on the lst day ofAugust,
2016 to make a final decision.
I. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determinations of fact:
L That proper public notice was provided as required for the hearing before the
Board of County Commissioners.
2. The hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submifted 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 rhe application has
adequately met the requirements of the Garfield county Land use and
Development Code, as amended.
?{"[F,r,#"%!i[$il:-,f }i:x}l:i ::: ytd E L,,
RESOLUTION
NOW THEREFORE' BE IT RESOLVED by the Board of Counfy Commissioners of Carfield
County, Colorado, that:
A. The'forgoing Recitals are incorporated by this reference as part of the resolution.
B' The Land Use Change Permit fora SolarEnergy System, Large, also known as the peterson
/ Hannigan Community Solar Array is hereby approved subject to compliance with thefollowing conditions:
Conditions Prior to Issuance of Land Use Change permit
l - The Applicant shall obtain a Notice to Proceed from CDOT for the access
to the site. The Notice to Proceed shall be provided to the Garfield County
Community Development Department prior to issuance of the Land Usi
Change Permit.
2. The Applicant shall execute and record the access easement from River
Frontage Road to the site. A copy ofthe executed and recorded access
easement shall be provided to the community Development Department
prior to issuance of the Land Use Change permit.
3. The Applicanr shall provide an explanation of the improvements
necessary and anticipafed for the access road and access point on to River
Frontage Road. This explanation shail be reviewed andaccepted by the
Garfield county contract Engineer prior to issuance of the Land use
Change Permit.
4. The Applicant shall address increased mnoff and drainage from the
impervious areas created by the solar panels prior to issuance of the Land
use change Permit. This analysis shall be reviewed and accepted by the
Garfield county contract eugineer prior to issuance of the Land use
Change Permit.
Conditions of Approval
5. That all representations made by the Applicant in the application shall be
conditions of approval, unless specifically altered by the Board of counfy
Commissioners.
Hl itltrljillHrf,iilliirr }l,1rl !|HI{{{U:lHlf h Crhi, trl lllReception$:881114
08/16/2016 09r35.59 nil Jean Alberico4 ot 6 f,ac Fe€:$0.00 ooc Fee;0.00 GARFIELD COUNTY co
6. That the operation of the clean Energy collective - solar Energy System,
Large shall be done in accordance with all applicable Federalfitui., .od
Iocal regulations governing the operation oritiis type of facility.
7. The Applicant shall control fugitive dust during construction and
operation of the site.
8. Signage around the perimeter of the facility warning of electrical shock
must be installed.
9. The facility shall maintain compriance with section 7-306 Lighting, withall lighting to be directed inward and cloward toward the interior of thesite. Facilities shall be painted a non-glare neutral color to lessen any
visual impacts.
10. The Applicant shall comply with their Noxious weed Management plan
including the best management practices.
ll. The solar facility area shall be surrounded by an g,high game fence as
approved by Colorado Parks and Wildlife.
12. Raptor nest deterrent shall be installecl on any perch where electrocution
to raptors or other nesting birds could occur.
13. once the faciliry is installed and online, the operator shall conduct a
training of the emergency shutdown procedures with colorado River Fire
Rescue staff.
14, To control the potential for grass fires, the operator shall keep the grass
trimmed to no higher than 8 inches within ihe fenced lease area at all
times.
15. The operator shall post the address for the lease area, 35540 River
Frontage Road, at lhe commencemeut of construction for the site. The
address shall be prominently displayed at the entrance gate to the facility.
16.A fire department Knox Box or Knox pacllock shall be installed at the
entrance to the gate for emergency access.
17. The access road shall be designed and constructed to the standards
outlined in Section 7-107 of the Land use and Development code.
18. The landscaping shall be watered throughout the first 2 years after
4
Illl illtrii11[rli]'1 1,,il ,[, ill +l,lilt 1 tI[ i' l plllhl, t h'1, I ll IReception$:861114I OBl1612O1A 08:35;59 Rll Jean Alberico5 of 6 Rec Fee:90,00 Ooc Fee:0.00 GARFIELD COUNTY CO
installation.
\,J,
the
Aye
Aye
Aye
IN WITNESS WHEREOF, I have hereunto set my hand
County, at Glenwood Springs, this _ day of
and affxed the seal of said
A,D.20
county clerk and ex-officio clerk of the Board of county commissioners
Dated rhi, /51\ day or 6 , g o A.D. 20-1[Ie__.
ATTEST:GARFIE BOARD OF
GARFIELD
Upon motion duly made and seconded
following vote:
by the
STATE OF COLORADO )
)ss
County of Garfield )
I, , County Clerk and ex-officio Clerk of the Board ofCounty Commissioners, in and for the County and State aforesaid, do hereby ceftiry that the
annexed an_d foregoing Resolution is truly copied from the Records ofthe proceeding ofthe Boardof counfy commissioners for said Garfield county, now in my office.
lllt U* l, tlt|g-lr'I r ltlL llhi lr'IJIJ If [U ffif ],1 [, tr,I, ] l l IReception$:881114
3'i;u6'3:: 83;t3ol3ooB"",F:!, B,BB'aEEFrELo courry co
EXHIBIT A
SITE PLAN
$'i;l dg- pPr9E9. Frx r[[H
Ich
(r)clcl(,
#$#
't[]ifl $l}.#fffilJ[]i:::: :::::'
I
ACCTSS and UTltlTY EASEMENT
--ThisACCESS AND UTlLlil EASEMENT (the "Easernent Agreement'') is made and executedt nis t*
aay offi,2016, by and betw€en Clean Energy Collective, A Colorado l.imited Liability Corporation, with
a legal address of 361 Centennial Pkwy., Suite 300, Louisville, CO 80027, (''Grantee") and Brent Lewis
Peterson (Owner) and Dennis Jarnes Hanrrigan (Personal Representative of the Estate of Sandra Marie
Hannigan), having an address of 35960 River Frontage Road, New Castle, Colorado, (the "Grantor").
Grantor and Grantee may be referred to herein in the singular as a "Party" and collectively as the "Parties."
For purposes of this Easement Agreement, the tcrms "Grarrtor" and "Grantee" shall include the Party's
successors, heirs and assigns.
WHEREAS, Grantor is the owner of record of certain real property located in Garfield County, Colorado,
more particularly described on Exhibit A attached hereto (the "Granlor's Property");
WHEREAS, Grantee has entered into a Land Lease Option Agreement (Solar Farm) dated December 21st,
2O15 (the "Lease") with Grantor to lease a portion of the property located at 35960 River Frontage Road,
more particularly described on Exhibit B attached hereto (the "Leased Property") which Grantee intends
to lmprove into one or more community solar arrays {the "Pro,iect(s)"};
WHEREAS Grantee wiil require access over a eighteen foot (18') wide route that runs along the portion of
Grantor's Property depicted or described in Exhiblt C, attached hereto and incorporated herein by
reference (the "Easement Area") to interconnect the Pro,iect(s) to electric transmission lines, to rnaintain
and repair such lines, and access the Leased Property. The Easement Area is more particularly described
in a site plan on Exhibit C-L and the legal desoiption on Exhibjt C-2; and
NO\Ai, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties hereto agree as follows:
1. Grant of Easement. Grantor hereby grants to Grantee and its affiliates, successors and assigns, a
non-exclusive easement (the "Easement") over, und€r, in, along, across and upon the Easement
Area only for the lawful construction, installation, maintenance, operation, repair, replacement
and use of the electric utility service infrastructure and associated wires, lines and poles, whether
overhead or underground, and other infrastructrlre necessary and convenient to interconnect
each unit of the Project(s) to the local electric distribution companV electrical distribution system,
the location of the point of interconnection will be determined by the local electrical distribution
company prior to the Project{s)' commercial operatiorrs dates and for the purpose of clearing any
vegetation which may be inhibiting Grantee's use of such easement. Grantor hereby Brants to
Grantee the right to survey the Easement Areu at 6rantee's cost, and the survey shall then be
become Exhibit c-2, which shall be attached and incorporated herein. ln the event of any
discrepancy between the description of the Easernent Area contained in Exhibit C-1 and the
survey in Exhibit C-2, the survey shall control. Such addition of Exhibit C-2 after completion of the
survey is expressly agreed upon by both Parties and will be incorporated into this Easement
Agreement without the need for additional signature.
Grantor further grants to Grantee the right to remove any trees and vegetatlon from the
Easement Area per the requirements of the electrical utilit./ for servicing the Project which, in
Grantee's sole discretion, interferes with Grantee's use of the Easement. Grantor herebv also
Brants to Grantee a non-exclusive easement of limited duration to enter, re-enter and use any
EXHIBIT3
?!l"H:,r$Fil,"#ir:
j$I*Il:::T1::l1'""
2.
3.
4.
portion of the Easement Area specified in Exhibit C located on the Grantor's Property, to exercise
the rlghts of ingress and egress to the Leased Property in connection with the construction,
operation and maintenance of solar power generation facilities thereon.
Term. The Easement and all other rights and privileges granted under this Easement Agreement
shall commence on the date Grantee exercises its option to lease the Leased Property pursuant
to the Lease. The Easement is subject to the provisions of Grantor's Lease and shall terminate
upon the later of (a) terrninatiort of the Grantor's Lease in accordance with its terms or (b) upon
completion of the decomrnissioning of the solar array Project.
Restorationr ln the event the surface of the Easement Area is disturbed by Grantee's exercise of
any of its rights under this Easement Agreement, such area shall be restored to the condition in
which it existed prior to the damage caused by Grantee.
Other Utilitv Easement. Grantor agrees to execute any easement agreement required by the
utility for interconnection of the utility lines for the Project in the form required by the utility, if
applicable.
FurtherAssurances. Grantoragreestoexecute,acknowledgeanddeliver,asappropriate,anyand
all such additional instruments, permits, notices, evidence of our rights under this easernent and
other documents and to perform such other acts as may be necessary or convenlent to
consummate construction, operation, and maintenance of the Project in accordance with the
terms hereof.
Further A.mend,r.nents Lo Easemant DeqcriptioJr. ln the event that it is determined by Grantee that
there are any inaccuracies in or changes required to the legal description of the Easement
contained in Exhibit C, the validity of this Easement Agreement shall not be affected, and, upon
the request of Grantee made from tirne to time, Grantor shallexecute an amendment to the legal
desoiption of the Easement contained in Exhibit C of this Easement Agreement to reflect the legal
description of the Easement as contained in any survey obtained by Grantee for the Easement.
Maintenance. The easement granted to Grantee by the terms and conditions of this Easement
Agreement shall be appurtenant to the Leased Property and Grantee shall bear all increased costs
of repair and maintenance to any portion of the Easement Area located on the Grantor's Property
caused by Grantee's use thereof, Grantor shall be responsible for all regular maintenance of the
Grantor's Property not associated with Grantee's use of the Easement Area,
Covenants Running with the Land./Assignment. The Parties to this Easement Agreement
acknowledge and agree that the easement and other rights conferred by this Easement
Agreement are intended to, and do, constitute covenants that run with the land and shall inure
to the benefit of and be binding upon the Parties and their respective grantees, heirs, successors
and assigns. Without limiting the foregoing, Grantor acknowledges that Grantee's rights under
this Easement Agreement are assignable; that Grantee may enter into agreements to sell or
otherwise may transfer the Leased Property or an interest therein, either to affiliates of Grantee
or to third parties, and that Grantor hereby consents to Grantee's assignment of all of its right,
title and interest and its delegation of all of its obligations created under this Easement Agreement
upon any such the sale or transfer and, upon any such assignment, Grantee shall be forever
6.
5.
7.
8.
tr I ll Urrlj,rtr l{ [l il{l tt'l,Iffi ! ild [dfi t r lrlij lll"l[|t']' II ll I
f,::;r),1,1*I f ".i"rfi'flf , j:.p"l I 8.66"Bonr r *o coLjNr y co
released and discharged from any and all claimE demands and darnages which Grantor may have,
rnake or suffer as a result of anything done or occurring after the date of such assignment. Nothing
contained in this Section 5, however, shall in any way be construed as releasing Grantee,s
successors and assigns from any obligations to Grantor created by this Easement Agreement or
to in any way limit Grantor's remedies at law or in equity as against such successors and assigns,
9, Warrantv. This Easement grant is without warranty of title and is subject to all prior liens,
encumblances, easements, restrictions and rights of way affecting the Easernent Area.
10, Governins [aw, This Easement Agreement shall be governed by the laws of the Colorado, without
giving effect to its principles of conflicts of law,
11. -M-odifieatlg-n' This Easement Agreement may be modified only upon written agreement by the
Parties.
12. lntegration. The foregoing along constitutes the entire agreement between the parties regarding
its subject matter and no additional or different oral representation, promise or agreement shall
be binding on any of the Parties hereto with respect to the subject matter stated in this Easement
Agreement,
13. NoThird-Partv Beneficiaries, Except as may be expressly provided herein, there are no intended
third-party beneficiaries to this Easement Agreement.
14. lnsurance. During the term of the Easement Agreement, Grantee shall pay for and keep in full
force and effect the following types of insurance: Commercial general liability insurance with
limits of liability no less than 51,000,000 per occurrence/$2,000,000 aggregate with sub-limits for
automobile liability, product/completed operations and contractual liability of no less than
51,000,000 and shall provide to Grantor certificates of insurance evidencing such coverage and
renewal thereof, within 30 days'prior notice of cancellation of any coverage required hereby.
15. Severabilitv' lf any provision or provisions of this Easement Agreement shall be held invalid,
illegal, or unenforceable, then the validity, legality, and enforceability of the remaining
provisions shall in no way be affected or impaired thereby and the parties shall negotiate in
good faith to restore insofar as practic'able the benefits to each Party that were affected by such
ruling.
16. Assienment' No Party shall assign or transfer this Easernent Agreement, or any interest herein,
without the prior written consent of the other Party which shall not be unreasonably withheld,
delayed or conditioned. Notwithstanding the foregoing, Grantee is expressly permitted to assign
its rights and responsibilities under this Easement Agreement, without obtaining 6rantois
consent and in its sole discretion, to any entity owned or controlled by Grantee or under common
ownership or control with Grantee.
lN WITNESS WHEREOF, the Parties hereto have executed this Easement Agreement as of the day and year
first above written.
Ilil H L il qT F,'? : ltril l+!'.|{'fr hllldl Il H I'filn$ I Il Il I I I
,Reception#: 8,822O3
id'.1'1,2o ll"t 7.39r?1 BU oi:^F"3 I Bi66"3on' Et-o couNry co
Brent Lewis Peterson James Hannigan, al Persona!
Representatlve of the [state of Sandra Marle
Hannigan
By: Dennls Jamer Hannlgan
oate: * l;*1-}3 :- Z*3 !-L+
By: Brent Lewis Peterson
aatet.flg: /Q:z?-pl6- * *
no* o, Co\(tr a / r)
.ornrror&,3$d,rL
The loregoing lnstrrrmqnt was acknrty svr\ L. tI _kl.x:ror
Wtnoss my hand 8nd offlclal scrl.
Notary Publlc
srATE/coMMoNwEALTH or _ a<-x cr5
couNrYor D att c-T
Mycornmissron exprres: Oa bt[f Of r,
I
) ss.
)
fheforegoln{nstnrmcntwosacknowledledbeforemethls 22 dayof C)Une ,2016,byfrffi **#l#'1tlJ.s"g1h*'"'i4\'
Mycomrnrssroncxprrcsr "l a l-lg
(SEAL) t'-id*r^- *rrA,*-r^9-o-- -)Notary Publlc
llllXl! [ITrll /til$ht rr l[JI Uh t, I Ir ht! H $ il f, [,+, lt il IReception#: ABZZOS. @911212@16 12:i@:57 it4 Jean nlberico5 of 13 Rec Fe6.g71 so ooi-F"i..'i6-b6"dnnp,lrr_o couNry co
Its: fu)t1}pr i ztrt . P.,.f,, ,
oat*: ?! [ tl lto
srArE or_[$]ol2r[o__
couNrYoF B0u\dtr
)
) ss.
I
The Easement Agreement was acknowledged before rne this lth day of 5t p t, . 2016, byhd Spqn t tr - as.f\uI\r 0*P of clean Energy collective LLC, a colorado timited liabitity
Witness my hand and official seal.
My commission expires; to IZ I l_-Z.ql_
(sEAL)
IIOTARY PUBLIC
STATE OF COLORADO
NOI RY rD 20r0{02305GI\' C(trIlSStOil E(PtREg JUNE 23. 20a0J#rrn:e=
Notary Public
cornpany.
I lll illJfd l[ Hd',HtHlli Uill I ill{'l'J,tl\l I I lHil'5}'.}i I ll I
Receotionlt: BB22O3' il.ir tirzOl6 12 1r9 g7 pll Jean Hlberico,i "i'ri R.r" Fen 3;l @O Ooc Feer0.00 GBRFIELD COUNIY C0
EXHIBITA
LEGAT DESCRIPTION OF THE GRANTOR'S PROPERTY
Ilil Iil hl[! ruli l?,illt,l,lt I I ill l' r lllil I lli{I [' ll l,,}' ] ll I
Receptionfl : 8822O3
09/1?t2A16 12:5O:57 Pl'l Jean qlberico
FileNO.: 2516i3724g 7 of 13 Rec Fee:$71 OO Doc Fee:o 0O GARFIELD Col-.lNrY co
EXHIBIT A
THE I,AND Rl):llRttED TO HERI.IIN IS LOCATED IN Ttlll COUNTY OF GARI,IELD, STATE OF
COI,ORADO, AND DESCRIBIiD AS FOLLOWS:
PARCEL 1:
I.OT 2 OF SF,CTION 12. AND l'T{A'f PA.R'I' OF [T-}l 1 OF SECTION I1. NWI/4NWI/4 AND NEI/4NWI/4 OI;
SECTTON 12 IJING SOI"IT[I OIT TI]E NORTH LINE OF T}IF] RIGHI'.OF.WAY FOR U.S, IIIGHWAY 6 ANI)
24, AI.I. IN TOWNSHIP 6 SOI.'TH, RANGE 92 WEST Of] TIII,] SIXTII PRINCIPAI, MTiIUDIAN,
PARCEL 2:
A TITAC'[' OF LAND IN SICTION I1 AND 12, TOWNSIIIP 6 SOUTH, RA}IGE 92 WEST OF TIIIj SIX'IH
PRINCIPAL MERIDIAN, MORE PARTICUI,AITI,Y DTJSCRII]ED AS FOLI,OWS:
BE,GINNING AT TFIE SOUTI IIiASI- COI{NER OF t,OT 2 OF SECTION 12;
THENCE SoU'l'H ALoNo I'lllil IiASI' LINE Or SAID LOT 2 As I'X'|ItNDED SOUTTIERLY TO THE NORl'[l
BANK OF TT'IE COLOITAIX) RIVER;.I'IIENCTI AI-ONG ]'IIE NORTHERLY BANK O}' TFII] COI,ORADO RIVER 'I'O ]'IIIJ INTERSECTION OI
SAID BANKWITH THE WEST LINE OF LOT I O}T SAID SI'CT]ON I I
EXTENDED SOUTHERLY;
THENCE NORTHERLY ALONG 1'lIIr WIlS'f I-INE OF SAID l-O1' l, SIIC'IION ll AS EXTENDED
SOUTHERI-Y 'IO TI IE SO[J]'} IWUS I' CORNER OF SAID LOT I ,
IT IS THtl INTENT AJ.ID PURPOSE OF TI{IS CONVITYANCE TO COVPR AI-t- MEANDERED LAND
BI:|WEEN THE NORI'HERLY BANK Of: Tllli COt.oltADo RIVER ANI) LOT I OF SECTION ll,THE
N1/4NW1/4 AND LOT 2 OF SECTION 12, T'OWNS}III' 6 SOUTH, RANGI] 92 WT.JSI' OF THE 6TI.I PruNCIPAL
MERIDIAN.
EXCEPTINC FROM EI'I'III]R OI,'THE DESCRIBED TRACTS TI{E FOLI,OWING:
I. A DEED FROM JOHN L. PETIIRSON AND MILDITEI) A. PE'IL]RSON TO TJNI'I'UD S]'ATES OF AMIJIIICA
RECORDED APRII- 1, 1965, AT RECEPTION NO, 229383, $I BOOK 365 A'I- PAGF, I8I AS CORRECTED
BY DI.}iD I{IiCORD}ID .T.'NT] 18, 1965, AT I{ECEPTNN NO. 230385, IN B(NK 367 A1' PACE 1I5;
SIJI]JECT, HOWEVER, TO A CORRIiCI'ION OII'I'HE AIIORESAID DIIIiDS I]Y CROSS QUIT CI,AIM
DEEDS BETWEEN AROVE PARTIES RECORDED APRiL 3, I98', AT RECEPTION NO. 3I3482, IN tsOOK
568 AT PAGE 754 AND A-l' RECEPTION No. 313483, IN ll(rcK 568 AT PAGE 756; AND
2. A CONVIJYANCI I}Y RULD AND ORDER TIROM']'IIE GAI{ITIELD COUNTY DISTRICI'COURT IN CASE
NO. 6663, RECORDED IN T}IE GAITTIiiL,D COUN'I'Y RECORDS AT RI]CTiPTION NO. 25350I, IN I]OOK
430 AT PAGII 124; AND
3. A WARRAN'IY DBEI) 1'O GI,iORGE F. FIEI-DS AND JAMF.S M. I-IELDS RECORDI,D JANT]ARY IO. I980,
AT RECEPTION NO. 300822, IN BOOK s42 A'1. PAGI 135; AND
4. DUPLICE SUBDTVISION DGMPTION IILLD JTINE 9, 1998, AT RECEPTION NO 52650I,
llll H rrtrrEl{lil lflilt'tl',1! hMr r,LlJrrl',}IlilU lrl ll ll I
Receptionfi: A87ZO3
@911212016 12:50,57 Pl{ Jean Qlberico" I of 13 Rec Fee $71 00 Boc Feer0 00 G0RFIE|.D COUNTY C0
EXHIBIT B
IEGAL DESCRIPTION OF LEASED PROPERW
Illl Hlr[tn l!,r'l hqlHrtlfil l':ll'Ul& Il{l li llHE 5d, ll ll I
Receot.ionH: AA2?43
ogtl2't2|'16 l2:50:57 Pl"l Jean Qlcerico9 of 13 Fsc l'6e,$71 00 Do: Fee 0 00 GaRFIELD Col-ll.,TY C0
EXTIIRIT I)
A PARCEL OP LAND SITUATD IN THE NEL/4NW1/4 AND GOVERNMDNT LOT 2,
sECffOlV 12, TOWNSHIP 6 SAUTH,IA{ffGE 92 WESI'OF THB 61-tt P.M., COUN',I'Y Ot"
GARFIELD,.YXAIA OF COLORADO, S//D PARCDL Oh'LAND BEING A N)RTION OF A
PARCEL AP LANDDESCR/BED IN QUIT CLAIM DEBD RECORDED AT BOOK 568, PAGD
754, AS FILED WITH ffJ& GARFIBLD COTJNTY CLDRK AND .RECORD.]SR'S OFFICE, ALL
AEAR/JVGS ARE RELATIVE TO A BEARING OF 589"34'37N8 BETWDEN THE
NORTHWESICOR]VER OF SDC"TION 12, A 3" DIA, AARFIDLD COIINTY SURY]iTOR
BRASS CAPLSNO, 141.1,1TN PLACEANDTHE IVORTH 1/4 CARNBR Or.SAID SECTION
12, A 3' DIA. GARFIELD COUNTY SURI/BYOR BRASS CAP LS NO. 14111 IN PLACE,
SATD PARCEL OF LAND BBI,IYG MORE PARTTCI]LARIYDESC,RIBED AS FOLLOWS:
1)MMENCING AT SA/D JVOR?/ I 1/ 4 COR.IVBR SOCflO/V 12, TIIaNCE 533"40',57uw
978.70 FEET TO THB NORTHEAST COR/VE.R OF SAID PARCEL OF LAND, THE TRUE
POINT OI'BDGINJVIIVG. THENCE 5O1"24',75',W 509.88 FEET; l',HENCtt 577"s6',44nw
751.11 FEET; THENCE NO7"24'75',I. 509.88 FEET; THDNCE N77"56',44',8 751.11 FEDT
TO THE POINT OFBEGI/VNING, SAID PARCEL OF LAND COJV?XINING 8,ssOACRES],
MORE OR IESS,
Ill ltrr.rHnH ilf,ptlt't I t,{li!{,hlllldiltil$lilE t{,1 ll ll IReception$: A822O3. @911212016 12 $O 5; pn Jearr Olh"rico' l0 of 13 Rec FEa g?l OO nni r6e'n,Od-CnnfIELD COUNTy CO
Exhlblt C-l
SITE PLAN OF SOLAR EASEMENT AREA
Iinsert]
:
rd)_()
-::lf,i
-7rt.
-_l
-1{E=lrdE
-gLO::I e3
JL 00
=aBoo
a;;€*rS
il N:;l;sSE-Eifr
1l ..*tr*- lifl bs"
L d,-6-t *&:
-L---,81:
f "o-
JOB NO: 15122-41
sHEDr 1 OF 2
DATE:AUGUST ',t9. 2016
Peterson PrapdftV
Parcel No. 2 1 79- 122-OO-350
4 1.148 A6es t
_.eukqHH
9, X\OE.Til
E,n 0csE.: is{x.hp sxo ")s3 3&a!..(
So|ar !.ease Parcel
8.55O Acres i
SCALE:1r= 1aO'
I,INE E.EARI7YG DIS?ANCE
L1 s o1.21'1 S" W 146.2r
L2 s 883s',4s" E 32.OO'
s o1 "24',1Ji. W 24 00'
L4 Ir 883545" W 32.OO',
L5 s o1"24',15'W 23.OO',
L6 N 88"35'4s'w 24 00
N O1'24'.15" E 243.46'
N 77..16'44" E 24_6A',
CTJPW RADIUS ARC LENGTH CHORD LENOT}I C.YO.RD AAAXIJYO DELTAANGLE
28.OC'43.98'39.60',s 43.3.9'45" E 90"00'04"
t2 28,OO',43.9&',39.60'.s 46'24'15" W 90'oo'00'
;rulm ErylXl,F lilr i lrll H r Ll Itffi t tTrU,H ti,t lt il I
*l"J?7id,'fl: ;,ff i?13g, #r,,!i f E i 6B.GARF r ELo couNr y c0
B(HIBITG2
LEGAT DISCRIPTION OF THE EASEMENT ARE,A
[To be included after surveyl
DXHIBIT C.2
Il I I il,r k illtf, Ll ll,$ t Llffi Lhtl ll &lr irl'T l#LI H lj ['il t I'r], I I I I I
Reception{: 8822O3
O?tl?'t2A16 12 50 57 Pt'l Jean Aiberrcoi3 0i i5 Rec-ree $7t o0 ooc Fee,o.o0 GnRFIF-LD COl"JrlrY c0
E STRIP OF LAND FOR THE PURPOSE OF AN ACCESS AIVD UTILITY EASEMENT
SITUATE IN THE NE1,/4NW1/4 SECTION 12, TOWNSHIP 6 SOUTH, RANGE 92
I4IEST OT' THE 6TH P.M., COT.INTY OF GARFIDLD, STATE OF COLORADO' SAID
PARCDL OF LAND BEING A PORTION OF A PARCEL OF LAND DDSCRIBED IN QUIT
CLAIM DEED RECORDED AT BOOK 568, PAGE 754, AS FILED WITH THE
GARFIELD CATJNTY CLERK AND RECORDER'S O]TFICE. ALL BDARINGSARD
RELATIVE TO A BEARING OF S89'34'31"8 BETWEEN THE JYORTHU/AS? CORJVER
OF SECTION 1.2, A 3" DIA. GARFIELD COUNTY SURVEYOR BIRASS CAP LS NO'
14111 IN PLACE AND THE NORCH 1/4 CORNER OF SA/D SECIIO/V 12, A 3" DIA.
GARFIELD COUNTY SURVEYOR BRASS CAP LS NO. 14111 TN PLACE. SAID STRIP
OF LAND BEING MORE PARTICULARLY DESCRIBED ASFOItrOW'S;
)1MMENCING Ar SAID jVORTH 1/4 CORNER SEC"IO]Y 12, THENCD 552'33'49"W
1 58 1. 9 1 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL OF LAND
DESCRIEED IN QUIT CLAIM DEED RECORDED AT BOOK 568, PAGE 754, THE
TRUE POINT OF BEGINNING; THENCE ALONG THE PERTMETER OF SIID ACCESS
AND UTILITv EASEMENT THD FOLLOWING TEN /IOl COURSES;
J./ S0l "24' 7 5"W 146.21 FEET;
2.)ALONG THE ARC OF A CTIRVE TO THE LEFT HAVING 4 RAD/LrS OF 28'00
FEEr, AN ARC LENGTH OF 43.98 FEET (CHORD BEARS 543"35',45',8, 39.60
FEET);
3.J S88'35',45"8 32. OO FEET;
4.) sa 1'24', 1 1',W 24.O0 FEET;
5.) N88"3 5',45',W 32.A0 FEET;
6.)ALONG THE ARC OF A CLIRVE TO THE LEFT HAWNG A RADTUS OF 2B'OO
FEET, AN ARC LENGTH OF 43.98 FEET (CHORD BEATRS 546'24',15"W, 39.60
FEET);
7.) SO 1',24', 1 S',W 23.OO FEET;
B./ JVSB?5'45',W 24.00 FEET;
9. ) N0 1 "24', 1 5',8 243.46 FEET;
10,) N77.56,44"8 24"68 FBET To THE P2INT oF BEGINNING. SAID PARCEL
OF LAND CONIAJNiVG O, 1 77 ACRES, MORE OR.LESS.
'i ';
.\i\ .., :r ,
rrr rE'. AUGUST 19. 201 6
rnR ^ro. 15122-01
cr-rptrT. 2 OF 2
EXHIBIT
RE:
1529 Market Steet, Suite 200
Denver, CO 80202
720.473.3131
sean. oheam@.enertiacg. com
September 12,2016
Mr. Richard Miller, AICP, Land Manager
Clean Energy Collective
361 Centennial Parkway, Suite 300
Louisville, CO 80027
Garfield County Conditions Prior to lssuancc of Land Usc Ghange Permit
CEC Xcel Garfield BP - 35950 River Frontagc Road, Ncw Castle
Garficld County File No. MlPA.01-16-8415
Dear Mr. Miller:
ln an effort to address Condition 4 included in the August 1, 2016 Garfield County letter to Clean Energy
Collective (CEC) regarding the above-referenced project, Enertia Consulting Group would like to offer the
following response.
Condition 4 - The Applicant should address increased runoff and drainage from the impervious
areas created by the solar panels.
Response - The installation of the solar array (comprised of parallel rows of connected solar panels) will
not require clearing, grubbing or grading. Once installed, the vegetated ground surface beneath and
around the solar array will minimize the potential for erosion caused by precipitation falling off the panels.
As a result, existing on- site and off-site drainage characteristics are not expected to change. \A/e've had
the opportunity to visually inspect several similar solar projects in Colorado during and after precipitation
events and have not observed local erosion caused by water shed from the solar panels. The attached
photographs taken at a Jefferson County, Colorado project constructed in Spring 2016 illustrate the
vegetation beneath and around the arrays after construction. After a spring and summer season with
significant low magnitude, high frequency precipitation events (e.9., 2 yr-Z4hr) and high magnitude, low
frequency (e.9., 25 yr-24hr) events, there are no apparent on-site or off-site drainage impacts at this and
other solar garden sites visually inspected by Enertia. Since the post construction vegetation
characteristics of the Gaffield County site are expected to be similar to the Jefferson County site and
since the solar array for this project is a tracking system (rotating through the day to follow the sun's
path), we fully expect that existing on-site and off-site surface water runoff impacts will not change once
the solar garden is installed.
We trust that this response sufficiently addresses the Garfield County's concerns related to storm water
runoff impacts related to the proposed CEC project at 35960 River Frontage Road in New Castle. Please
contact me at sean.ohearn@enertiacg.com or ftZA) a73 3131should you require additional information.
Sincerely,
ENERTIA CONSULTING GROUP, LLC
" -\ '{n -,'\t'J I>o.- <t\..
J. Sean O'Hearn, PE, pG
Managing Partner
attachment
AfiACHMENT A
Photographs of Solar Garden Constructed in Spring 2016
Jefferson County, Colorado
Typical ground surface vegetati
rypicat iffirWt"ti}
David Pesnichak
From:
Sent:
To:
Subject:
David:
Chris Hale <chris@mountaincross-eng.com>
Wednesday, September L4, 2OL6 1:34 pM
David Pesnichak
RE: Clean Energy Collective - COA response
I have reviewed the additional information provided. No additionalcomments were generated.
Call or email any questions.
Sincerely,
Mountain Cross
Engineering, Inc.
Chris Hale, P.E.
8261/2 Grand Avenue
Glenwood Springs, CO 81601
Ph: 970.945.5544
Fx: 970.945.5558
From: David Pesnicha k Imailto:dpesnichak@ga rfield-county.com]
Sent: Monday, September 72,2016 2:48 pM
To: Chris Ha le <chris@mountaincross-eng.com>
Subject: Clean Energy Collective - COA response
Hi Chris,
Please find the letter from the Applicants engineer attached for Condition #4 of the Peterson Hannigan Solar Array. I
have attached the Resolution of Approval for your reference.
Let me know your thoughts.
Thanks,
Dave
David Pesnichak, AICP
Senior Planner
Garfield County
Community Development Department
108 8th St Suite 401
Glenwood Springs, CO 8160i-
(97O) 94s-8272
d pesnicha k(Oga rfield-cou ntv.com
http://www.garfield-countv.com/com m u n itv-development/
