HomeMy WebLinkAbout2.0 Staff Report PC 02.15.18Planning Commission - Public Hearing Exhibits
Microgrid Energy
Major !mPact Review
Applicant is Peregrine 08 lnvestments LLC
February 14,2018
(File Ml PA-1 1-17 -8594)
Exhibit
Number
Exhibit Description
1 Public Hearing Notice lnformation
2 Proof of Publication
3 Mailino Receipts from Mailed Notice
4 Photo evidence of Public Notice Posting
5 Garfield County Land Use and Development Cqqq.qg 3rnelqeq
o Garfield County Comprehensive Plan of 2030
7 Aoolication
8 Staff Report
I Aoolicant Presentation
10 Referral Comments from Mountain Cross Engineering (dated January
24.2018\
11 Referral Comments from the Colorado Department of Transportation
(dated January 28,2018)
12 Referral Comments from Garfield County Vegetation Management
(Dated January 24.2018\
13 Referral Comments from the Colorado River Fire Rescue (Dated
January 24,2018\
14 neferrat Comments from Garfield County Environmental Health (Dated
January 23.2018\
15 Referral Comments from Colorado Parks and Wildlife (Dated January
22.2018\
16 Referral Comments from the Colorado Department of Public Health
and Environment (Dated January 12,2018)
17 Referral Comments from Xcel Energy (Dated January 18, 2018)
18 Referral Comments from Garfield County Road and Bridge (Dated
January 8,2018)
19 Referral Comments from Grand River Ditch Company (Dated January
23.2018\
20 Updated Glare Analysis Submitted by Applicant (Dated January 30,
2018)
21 Letter of Support from the Town of Debeque (Dated January 30, 2018)
22 Aoolrcant Memo Addressinq Wetlands (Dated January 26,2018)
23 Correspondence with C DOT rig ht-of-way department
24 Reterrat Comments from the U.S. Army Corps of Engineers (Dated
February 1,2018)
25 Aoolicant uodate to Mineral Notice
26 t-etter of Support from the Town of Carbondale (Dated February 5,
2018)
27 Additional Correspondence with Steve Anthony, Garfield County
Veoetation Manaqement (Dated February 2,2018)
28 Aopl'rcant Response to Referral Comments (Dated February 5, 2QlE
29 Referral Comments from the Town of Silt Planning and Zoning
Commission (Dated February 7,2018)
30 Gtter of Support from the Town of New Castle (Dated February 7,
201 8)
31 puOtic Conrrrcnt from Roger and Janice Day (Dated February 8, 2018)
32 Public Comment from Dale and Julie Nesbit (Dated February 12,
2018)
33 licant Response to Public Comment (Dated February 12,2018
EXHIBIT
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EXHIBIT
3\
Roger and Janice Day
266 Fox Run Road
Rifle CO 81650
970-3?9-6723
bartlepk,p:of. nei
218120L8
Garfi eld County Planning Commission :
We neighbor the proposed Ziegler Solar Garden Site and find
the land use change application self-contradictory, confusing
and poorly prepared and presented. The application is such
that it is not reasonable to expect knowledgeable and
constructive public participation in the review process. I
contacted Jon Fitzpatrick to directly address these concerns.
The resulting phone calls and emails failed to reasonably
address the issues. He did not respond to my suggestion to
improve the application before it was too late. Similarly, I met
with Patrick Waller, Garfield County Senior Planner, to address
the concerns. Patrick and I were unable to address the issues
created by the poorly prepared application. Janice and I ask
the County to require the applicant to improve and resubmit
the application. Done right, this is a good project welcome in
the neighborhood.
More specifically, the application solar glare evaluation is
grossly inadequate. The meager glare analysis provided even
appears to defy well-established taws of physics. There is also
no commitment to remove and manage the known fire hazard
that exists on the property. There is no commitment to
accomplish the goals of the Garfield County Weed
Management Programs. Are there powerlines, transformer
yards, and other aspects of the project that need to be
disclosed to allow informed public participation in the review
v.tt*c-L-z fr*r--ala,rry
Patrick Waller
From:
Sent:
To:
Subject:
Dale and Julie Nesbit
0524 Fox Run
Rifle, CO 81650
970-379-0141
jnes55@yahoo.com
Julie Nesbit <jnes55@yahoo.com >
Monday, February 12,2018 1 1:23 AM
Patrick Waller
Microgrid Energy Solar Array - Planning & Zoning Commission Meeting
Patrick Waller, Senior Planner
Garfield County Planning Commission
We are adjacent land owners to the Peregrine Major Impact Application request.
We feel it could negatively impact ours and the surrounding properties. Most of us moved to this area hecause
of the agricultural settings and Mesa view to the Colorado fuver. This project would seem to be the begging of
an industri al arcaview as seen further to the west on Highway 6. We realize this is a relatively small area,
initially, but has the potential to increase greatly.
We certainly understand the need for this type of project, but not where it will affect so many invested
properties. None of us want to devalue what we have built up over the years because of the Solar Garden
placement. We have owned our property for 30 years, built on and lived for 25 years.
The current vista to the Colorado River is probably the most enticing feature to all of our properties!
Please take this MAJOR Impact Review, Land Use Change Permit, as seriously as we the land owners are.
Please do not ruin'our'pieces of paradise!
Thank you,
Dale and Julie Nesbit
Patrick Waller
From:
Sent:
To:
Subiect:
Jonathan Fitzpatrick <jfitzpatrick@microgridenergy.com>
Monday, February 12,2018 2:36 PM
Patrick Waller
Re: FW: Microgrid Energy Solar Array - Planning & Zoning Commission Meeting
Patrick,
Thanks for sharing this comment. I understand the concern of the land owners and would offer the following
response: The project and equipment will not break the visual plane between these land owners and the
Colorado River, or the mountains beyond. Because the project is sited in one of the lower areas of the subject
property, the highway and the railroad will still be the "highest" features when looking south from the
commentator's property (meaning the solar array won't impact the view shed between the Colorado River and
the mesas to the south). Our solar arrays only cover about 35% - 40% of our sites, so there will still be a
significant amount of green, pastoral space on the subject property.
Regarding project creep/expansion, we haven't asked for authorization to build anything larger than the 1 MW
array contemplated. Any expansions would require both Garfield County permission, as well as permission
from the utility (which we don't have at this time). Due to the available electrical capacity on this circuit,
expansion is not in our plans.
Finally, there is no data that suggests that a nearby solar installation had a negative impact on property values.
This has been mentioned at planning commissions and boards across the country where solar arrays are
corlmon, but has never developed into the real concern some folks anticipate.
Thanks for sending this over.
Jon
On Mon, Feb 12, 2018 at2:02PM, Patrick Waller <pwaller(@garfield-county.com> wrote:
Jon,
Another Public Comment I have received that will be going to the Planning Commission.
Patrick Waller
Senior Planner
Garfield County
Comm unity Development Depa rtment
ls>
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-1377 ext. 1580
Pwa ller(Oga rfield-cou ntv.com
http://www.ga rfield-co u ntv.com/com m unitv-developme nt/
From: Julie Nesbit [mailto:ines55@vahoo.com]
Sent: Monday, February L2,201811:23 AM
To: Patrick Wa I le r < pwa I le r(dga rfie ld-co u nty.co m >
Subject: Microgrid Energy Solar Array - Planning & Zoning Commission Meeting
Dale and Julie Nesbit
0524 Fox Run
Rifle. CO 81650
970-379-0141
ines55@yahoo.com
Patrick Waller, Senior Planner
Garfield County Planning Commission
We are adjacent land owners to the Peregrine Major Impact Application request.
We feel it could negatively impact ours and the surrounding properties. Most of us moved to this area because
of the agricultural settings and Mesa view to the Colorado River. This project would seem to be the begging of
an industrial area view as seen further to the west on Highway 6. We realize this is a relatively small area,
initially, but has the potential to increase greatly.
We certainly understand the need for this type of project, but not where it will affect so many invested
properties. None of us want to devalue what we have built up over the years because of the Solar Garden
placement. We have owned our property for 30 years, built on and lived for 25 years.
2
The current vista to the Colorado River is probably the most enticing feature to all of our properties!
Please take this MAJOR Impact Review, Land Use Change Permit, as seriously as we the land owners are.
Please do not ruin'our'pieces of paradise!
Thank you,
Dale and Julie Nesbit
JONATHAN FITZPATRICK I Project Development Manager
i fitzpatrick@ m icrogridene rg,v.com
M 303.506.7792 | Linkedln
Microgrid Energy I Energy Performance Accelerated
microgridenergy.com
REQUEST
APPLICANT - PROPERTY OWNER
oPERATOR / UTILITY
ASSESSOR'S PARCEL #
PROPERTY SIZE
LOCATION
ACCESS
EXISTING ZONING
Planning Commission
February 14,2018
File No. MIPA-1 1-17 -8594
PW
Land Use Change Permit - Major lmpact
Review for a Solar Energy System, Large
(greater than 500 kilowatts).
Peregrine 08 lnvestments, LLC
Microgrid Energy / Xcel Energy
217905400056
The Site will be approximately 6 acres on an
overall tract of approximately 41.85 acres.
The property is located at 31145 Highway 6 &
24, approximately 0.88 miles west of the Town
of Silt, in Sections 5 and 8, T65, R92W.
The facility is accessed off of an existing
driveway onto Highway 6 & 24.The application
proposes the construction of an access
driveway to the solar facility.
The property is zoned Rural
PROJECT INFORMATION AND STAFF COMMENTS
I. GENERAL PROJECT DESCRIPTION
The Applicant is requesting a Major lmpact Review for an approximately 6 acre, 1 MW
solar facility within a 41.85 acre parcel. The site is currently used for grazing agricultural
production and is a relatively levelfield. There is a single-family residence on the western
portion of the site as well as several accessory agricultural structures.
The energy produced from the facility will be used by Xcel Energy, as part of their their
Community Solar program. Subscribers to the system include the Town of Silt, the Town
of Carbondale, Town of New Castle, and the Town of Debeque. The applicant is
proposing approximately 3,000 solar modules that will be mounted on single-axis
trackers. The trackers move 60 degrees from horizontal on both sides in order to track
the sun. The applicant has describe the panels as:
EXHIBiT
This means fhe solar panels will be facing east in the morning, be flat at noon,
and be facing west in the afternoon. They willfollow the path of the sun throughout
the day to maximize their efficiency.
The applicant has indicated that the approximate height of the solar equipment will be 6-
8 feet when fully tilted. The center axis will be approximately 4.5 feet. The project will be
surrounded by fencing that is 6-8 feet in height.
The applicant anticipates a construction timeline of 6-8 weeks. Construction crews will
include general labor workers, certified electricians, and an on-site general contractor.
The applicant has indicated that minimalgrading will be required and that overall existing
site drainage patterns will be maintained. During normal operation the site will be
unmanned. Maintenance of the site will include a small maintenance crew, visiting 3-6
times annually to conduct routine inspections and maintenance.
Vicinity Map
'ri'
Aerial of Subject Parcel
Proposed Site Plan Excerpt
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II. LOCATION - SITE DESCRIPTION
The approximately 6 acre lease site is located within a larger 41.85 acre property. The
proposed location of the solar facility is on a relatively level portion of the parcel.
Currently the larger field is used for grazing. There is limited tree cover in the location of
the lease area. The subject property is improved with an existing single-family home and
other accessory structures. Neighboring properties to the north are primarily agricultural
and residential. To the south is Highway 6 & 24, and the railroad. The Town of Si[ is
located approximately 0.88 miles to the east of the proposed project.
rrco,LE.11 ilatxm,ll nT
III. PUBLIC COMMENTS AND REFFERAL AGENCY COMMENTS
Public Notice was provided for the Planning Commission's public hearing in accordance
with the Garfield County Land Use and Development Code as amended. Three public
comments have been received. They are letters of support from the Town of Debeque,
the Town of New Castle, and Town of Carbondale. They are attached as exhibits 21,30
and 26. 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). The applicant should provide CDOT Access permitting and the list of conditions
once permitting is received.o The applicant may need to modify the layout of the facility to comply with 404
permitting and should also address Garfield County 35'water body setback.. The Applicant should verify that construction schedule meets with the
recommendations for minimizing impacts to Bald Eagles.o The applicant should evaluate the impacts of glare over the course of the day.
2. Colorado Department of Transportation: (See Exhibit 11). Recommends that the County require the applicant to show proof of a signed
access permit with a Notice to Proceed.
3. Garfield County Vegetation Manager: (See Exhibit 12). Stated that the Weed Management Plan is acceptable, but requested the plan be
implemented over the entire 42 acre parcel.
. ldentified the program that the County uses to help address Russian Olives.
4. Colorado River Fire Rescue: (See Exhibit 13)
. Comments noted the following:
. Requests that the applicant install gates on the north, east and possibly
south east corner of the property for access in the event of a wildland
or electricalfire.
o A Knox Box or Knox Padlock needs to be installed at the entrance gate
for emergency access.
. Access road shall be all weather driving surface into an approved fire
truck turnaround.
. Combustible fuels shall be kept trimmed to a maximum height of 6-8"
above the ground to decrease the threat of grass fires. Asks for an
agreed upon height of solar panels.
o The applicant shall conduct training of emergency shutdown
procedures with CRFR staff.
5. Garfield County Public Health: (See Exhibit 14)
. Noted that the project is consistent with the Garfield County Comprehensive Plan.
. Stated that the issues related to potential wetlands on the property seem to have
been addressed. Supports the applicant's plans outlined to limit glare for neighboring properties.
6. Colorado Parks and Wildlife: (See Exhibit 15)
o The project is located within Mule Deer and Elk winter range as well as within a
highway crossing zone for both species. The site is within the overall range for
black bear and bald eagles and other raptors use the site for foraging.
. The top of the fence should be marked to discourage deer and elk from jumping
the fence.. Recommends that raptor perch deterrents be installed on any above ground
wiring. Ultimately the relatively small scale of the project should have minimal impacts on
localwildlife.
7. Colorado Department of Public Health and Environment: (See Exhibit 16)
. Stated that they have no comments on the project.
8. Xcel Energy: (See Exhibit 17). Xcel Energy has no objection, but noted further work is needed with Xcel.
9. Garfield County Road and Bridge (See Exhibit 18)
o ldentified no concerns with the application.
10.Grand River Ditch Company: (See Exhibit 19). Noted that the only item of concern is the proposal to eradicate Russian Olive
trees on the property. Requests that the applicant ensures that alternative
vegetation is established prior to elimination of the Russian Olive trees in order to
prevent de-stabilization of the hillside where the ditch runs.
11. United States Army Corps of Engineers (See Exhibit 24)
. Noted that the proposed work will not result in the discharge of dredged or fill
material within waters of the United States and a Department of the Army
Permit is not required for the work.
12.Town of Silt (See Exhibit 29)o The Town endorses the project and recommends that Garfield County
approve the Solar Array.o Noted that the Town will be purchasing power from the applicant.
13.Other agencies that did not submit comments include: Garfield County Emergency
Management, State of Colorado Health Department - Air Pollution, US Fish and
Wildlife, City of Rifle
IV. STAFF COMMENTS AND ANALYSIS
ln accordance with the Land Use and Development Code, the Applicant has provided
detailed responses to the Submittal Requirements and applicable sections of Article 7,
Divisions 1, 2, and 3, including Section 7-1101 Solar Energy Systems. The Application
materials include an lmpact Analysis and related consultant reports, technical studies,
and plans.
7-101: Zone District Reoulations
The property is located in the rural zone district, where a Front Yard setback of 50 feet
is required from an Arterial Road. Highway 6 & 24 is considered an Arterial Road
according to the Land Use and Development Code. A portion of the solar facility as
submitted, appears to be located in the Front Yard setback.
Community Development policy is that the setback is required from the property line or
the Right-of-Way boundary. The applicant has supplied a survey, based on title work,
which shows Highway 6 &24 runs across the property and does not indicate the location
of CDOT ownership or easement. Correspondence with CDOT indicated that there had
been survey monuments that were set as part of the construction of Highway 6 & 24
(Exhibit 23). These survey monuments can be used to determine the CDOT right-of-way.
ln the event the survey monuments cannot be located, the applicant does have a fence
on the property that appears to follow the Right-of-Way. The applicant has been using
the fence as a boundary between the State Highway and the applicant's property. To
address the setback issue, staff has included a suggested condition of approval that the
applicant be required to demonstrate compliance with the 50' setback from existing
CDOT survey monuments or, if those monuments cannot be found, to demonstrate
compliance with a 50' setback from the existing fence on the property.
7-1 02 Comprehensive Plan
The Comprehensive Plan 2030 designates the western end of the site as MH
(Residential Medium High Density). Excerpts from the Land Use Description Section
Chapter 2 and Section 10, Renewable Energy are provided below.
Lmo Use
Desrontnox Descropnor Coupanale Zornc
Residential
Medium High
(RMH)
**retrrere&*ffi&r
Small farms, estates, and clustered resrdential
subdivisions: density determlned by degree of
clustering and land preserved in open condition:
0o/o open land = 1 du per -6 acres
5,0% open land = 'l du per 4 acres
70% open land = '! du per 2 acres
Rural (R)
Planned Unit Development
(PUD)
Density oI residential uses:1 du per 2 to <6 acres
Example:
Section 10 - Renewable Energy
Vision
Gartieb County has encouraged the development of renewable
energy sources throughout the county and has ensured that
generating facilities are located in appropriate places in the county.
The county has a/so ensured that county regulations are not unduly
burdensome or difficult to negotiate in regards to the development
and location of new renewable energy resources.
/ssues
There are incentiyes fo explore alternative sources to conventional
energy for the benefit of individuals, communities, and the county
as a whole.
There is potential that altemative energy is a tool for economic
diversification.
It is likely that the individual and largescale use of alternative energy
will become more prevalent in Gartieb County and the county needs
to anticipate visual and other impacts.
Goals
1. Promote and encourage the development of renewable energy
resources within the county.
2. Encourage the implementation of energy efficient site design and
building orientation in development proposals.
3. Ensure that renewable energy activities mitigate their effecfs on
the natural environment, including air quality, water quality, wildlife
habitat, and visual quality.
Policies
1. The county encourages the development of energy efficient
building design and the use of alternative energy sources.
Sfrafegies and Actions:
1. Continue to develop county standards for renewable energy
installations.
2. Encourage cunent, and require future, PONHOA's to adopt local
standards to promote and allow for renewable energy technologies
to occur within their subdivislons.
3. Evaluate the viability of various renewable energy resources
within the County. Develop appropriate mechanisms to encourage
their development.
The location and design of the proposed facility is in general conformance with the
Comprehensive Plan Policies subject to proper mitigation of impacts.
The Comprehensive Plan also locates the eastern portion of the property in the Town of
Silt's Urban Growth Area. That portion of the property is further divided into the
Agricultural / Rural Residential Reserve and Service and Commercial Support
designations. The Town of Silt was included as a referral agency and responded with
comments stating (Exhibit 29):
Fottowing a lengthy presentation by both the Town staff and by John Fitzpatick,
the Town is p/eased to endorse the project and recommend that Garfield County
approve the Peregrine'08 lnvestments/MicroGrid Large Solar Array, according to
the Gartied County Land Use Resolution. The Town believes that this type of
energy production can only benefit the region, and in fact, the Town will be
purchasing power from the applicant.
Based on this referral comment it appears that the proposal is generally compatible with
applicable Comprehensive Plans.
7-103: Compatibility
The applicant has provided information indicating that the operation of the site can
address some compatibility issues with adjacent land uses, which are residential and
agricultural in nature. The facility will operate in a lease area that only occupies 6 acres
of the total 41 .234 acre parcel. The solar facility was sited specifically to maintain
agricultural viability of the rest of the parcel. The applicant has indicated that, once
operational, the site does not make significant noise, creates no pollution, and has no
personnel stationed permanently on the site. Additionally, the applicant has supplied a
glare analysis indicating that no property owner, or user of Highway 6 & 24 will be
impacted by glare (Exhibit 20).
7-104 & 105: Source of Water & Waste Water Svstems
The Application represents that the facility will be operated with minimal staff activities.
The site will be unmanned with visits to the site one to two times peryearfor maintenance
and inspections. Staff suggests a condition of approval that potable water and portable
toilets shall be onsite during construction, which is expected to last 6-8 weeks.
7-106: Public Utilities
No public utilities are required for operation of the facility. The power generated from the
facility will be dedicated to the Xcel electric grid and the applicant will tie into existing
electrical infrastructure along the southern property boundary. Xcel Energy was included
as a referral agency and did not identify any issues with the proposal.
7-107: Access & Roadways
The applicant has shown that access to the facility will be off of Highway 6 & 24 onto an
existing driveway. From that point, the applicant has indicated that they will construct a
new access road to the facility, along the southern end of the boundary.
The applicant has indicated that during construction, the Vehicle Trip Generation will be:
Proiect Phase
lTame Periodl
Vehicle Type ESUmaIeO bross
Vehicle Weight
NUmDer ot ventctes
Per Day
MOXlmUm ano
Averoge Vehacle Trips
9cr Oav
t{dterial and
Equipment Oeliyery
{aDorox. I wee*l
Conex Contalner and
Delivery Trucks
30,000-50,000 r5s E 4C 1 0-30
Equipm€nt Hauling
Trucks
20.000-40.000 llrs 0-4 0-8
llrr - -|f,lava -'lll
sorar baroen
lnstallataon
J7 monlhel
Passenger Vehicles 2 000 to 10.000 lbs 5-1 20-30
Fuel Truck 20,000 to 30,000 lba 2
Material Delivery Truck 20.000 to 30.000 lb6
Operalioas
,On(r6lrml
Ut!lity \Iehicle 2.000 to 10,000 l5s 1 per month or less
grr- zrAve-o
Once the initial construction period is over, the applicant anticipates generating 1 vehicle
trip per month or less. This indication puts the proposed access driveway into the
Primitive/Driveway Design Standard according to Table 7-107 of the Land Use and
Development Code. The applicant has indicated that the existing driveway meets all
Table 7-107 requirements for a primitive driveway access. Staff has included a
suggested condition of approval that the newly constructed access be required to meet
the standards as outlined in Section 7-107. Additionally, in review of the site plan, a
portion of the proposed access road is shown on CDOT's property. Staff has included a
suggested condition of approval that the access road be located entirely on the
applicant's property, beyond the initial access onto Highway 6 &24.
The application was reviewed by the Colorado Department of Transportation. A referral
comment was provided that stated (Exhibit 11):
CDOT has received an access application. CDOT has offered Peregrine 08
lnvestmenfs LLC an access permit for this new use. At this time, CDOT hasn't
received the signed access permit for this new use. I would recommend the
10
County to require the applicant to show proof of a signed access permit with a
Notice to Proceed.
Staff has included a suggested condition of approval that the applicant show proof of a
signed access permit with a Notice to Proceed, prior to the issuance of the Land Use
Change Permit.
Colorado River Fire Rescue (Exhibit 13) reviewed the application and indicated that the
access road to the solar facility should be an all-weather driving surface with an approved
fire truck turnaround. CRFR is requiring an all-weather access drive because the road is
on the downhill side of an irrigated field. The applicant has indicated that they would like
to discuss this further with the Fire District. Staff has included a suggested condition of
approval that the applicant be required to build the access road out of material approved
by CRFR.
The applicant has supplied staff with a copy of the lease for the facility. Additionally, the
applicant indicated that an easement to the facility will be executed and recorded. Staff
has included this as a suggested condition of approval.
7-108: Natural Hazards
Garfield County hazards mapping does
The applicant has indicated:
not indicate any mapped hazards on the site.
The site proposed for the solar array is flat and not susceptible to falling rock,
landslides, snow s/rdes, or mud flows. There is no known radiation hazard, and
the site is not within the 111-year floodplain.
It is staff's opinion that the applicant has adequately addressed Natural Hazard
concerns.
7-109: Fire Protection
The Application states the following regarding fire protection:
Generally speaking, solar arrays are comprised of non-combustible materials
such as sfeel aluminum, g/ass, and copper. The potentialfor a solar array to start
a fire is minimal, and Microgrid Energy will work with the local Fire Protection
District to ensure access to the site via a Knox Box @ or similar. ln the event a fire
in the area threatens the solar array, the solar array is fully insured. Because there
are no on-site personnel, fire protection activities should be limited to safely
protecting the array when possrb/e, but never at the expense of personal safety.
The Application was referred to Colorado River Fire Rescue who noted the following
(Exhibit 13):
7l
. Gates should be located in the fence to allow for fire access with access keys in a
Knox box or with combination locks.
o Access road should be of an all-weather surface because of the location of the road.
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.
o The property operators are requested to conduct training of emergency shutdown
procedures and precautions with CRFR crews on site.
. Requests an agreed upon height of the solar panels.
Staff recommends conditions of approval to address these issues noted by the Fire
Protection District. Follow-up discussion with Colorado River Fire Rescue indicated that
the height represented in the application was acceptable to the district.
7-201 : Aqricultural Lands
The property is used intermittently to graze cattle. The solar facility only covers a portion
of possible agricultural area. Agricultural production will still be viable on the portion of
the site not covered by the solar facility. The applicant has indicated that the site was
located on the property in order to maintain agricultural viability. The facility is not
expected to have negative impacts on any adjacent agricultural lands or operations.
The Lower Cactus Valley Ditch is located on the property. They were included as a
referral agency and supplied a comment about the need to avoid any potential
destabilization of the hillside where the ditch is located, from Weed Management
activities (Exhibit 12). A suggested condition of approval has been included that any
vegetation management practices that remove Russian olives on the hillside requires
consultation with the ditch company.
7-202: Wildlife Habitat Areas
The applicant supplied an Ecological and Cultural Resources Study that addressed the
subject parcel. That study determined that the project site is shown to occur within 0.50
miles of a Bald Eagle roost site according to CPW data. The consultant report
recommended that the construction and operation of the site be performed within the
State recommended guidelines. This has been included as a suggested condition of
approval.
The application was referred to Colorado Parks and Wildlife, who noted the following
(Exhibit 15):o CPW recommends marking the top strands of fence wire with flagging or other
highly visible material to discourage deer and elk from jumping the fence.
12
. CPW recommends that raptor perch deterrents be installed on any above ground
wiring that could potentially cause electrocution mortality to birds.
o Ultimately, the project should have minimal impacts on local wildlife.
Staff recommends conditions of approval requiring the marked wildlife fence and the
installation of a perch deterrent on any above ground wiring.
7-203: Protection of Water Bodies
The project is bordered to the north and bisected by a diversion ditch that is used to
divert water that drains from the hillside to the north of the property. The applicant has
indicated that the drainage ditch to the northeast failed sometime between June 3'd 2014
and June 17th,2016. According to a consultant's report, the failed drainage ditch has
impacted the proposed property. The report analyzed potential wetlands issues on the
property. Staff understands that the potential wetlands on site can be separated into
groups, those created by a drainage wash-out to the north-east of the lease area, the
area identified adjacent to the diversion ditch that bisects the property, and the diversion
ditch.
The Consultant's report represented that the Army Corps of Engineers criteria to define
a jurisdictional wetland include 1.) Vegetation 2.) Soil and 3.) Hydrology. The applicant
indicates that the flooded portions of the property resulting from the drainage ditch wash
out, do not contain hydrophytic vegetation. Further representations by the consultant
also indicated that there is no hydrophytic vegetation in the area that is directly adjacent
to the diversion ditch. The consultant's report does indicate that there is hydrophytic
vegetation in the diversion ditches.
The Garfield County Land Use and Development Code has defined wetlands as:
An ecosystem that depends on constant or recurrent, shallow inundation, or
saturation at or near the surface of the substrate. The minimum essential
characteristics of a Wetland are recurrent, sustained inundation or saturation at
or near the surface, and the presence of physical, chemical, and biological
features reflective of recurrent, sustained inundation or saturation. Common
diagnostic features of Wetlands are hydric soi/s and hydrophytic vegetation.
The Applicant's consultant provided a memo that further clarified their work on wetlands
on this parcel. lt stated that (Exhibit22):
White our opinion regarding the Ziegler Project's potential impact to Waters of the
US is based upon a confirmed nexus, it does not identify hydrophytic vegetation
within the irrigation ditch failure sheef wash zone. Without this physical
characteristic it is our judgment that the County's diagnostic feature
requirement of the presence of wetland vegetation is not met, removing the
project from Development Code Resfrrcfions.
13
Based on the consultant's demonstration, it appears that the area impacted by the
breach in the diversion ditch and the second area adjacent to the diversion ditch, both
without hydrophytic vegetation as indicated by the applicant's consultant, do not appear
to meet the County's definition of a wetland, which means the 3S-foot waterbody setback
would not be required. Additionally, the United States Army Corps of Engineers provided
a referral comment. lt stated (Exhibit 24):
Eased on the information provided and conversafions with Brendan Calonge of
Western Environment And Ecology (cc'd), we have determined that the proposed
work will not result in the discharge of dredged or fill material within waters of the
lJnited Sfafes. Therefore, a Department of the Army Permit is not required for this
work.
Our disctaimer of jurisdiction is only for this activity as it pertains to Section 404
of the Federal Clean Water Act and does not refer to, nor affect jurisdiction over
any waters present on site. Other Federal, Sfafe, and local laws may apply to
your activities and any modification of the activities disclosed may trigger the
Corps' regulatory authority (e.g., construction of a roadway in a wetland).
Therefore, to ensure regulatory compliance, it is prudent to coordinate any
modification of the drsc/osed activity with our office.
This response from the Corps indicates that the proposed use, as reviewed, will not have
an impact on the jurisdictional waters of the United States.
The Applicant has submitted a waiver request from the 3S-foot waterbody setback. lt
states:
Applicant formally requesfs a waiver of this requirement. The wetlands indicated
on the site are the result of a breach in an agricultural diversion ditch, and are not
the result of a permanent, fully fledged wetland (see reporl from Western
Environment and Ecology submitted with original submittal). Property owner has
plans to repair the compromised diversion ditch this winter which will have the
effect of redirecting water along the site boundaries, and not through and across
the site. Nonetheless, applicant has designed project to limit construction of any
structures within the area designated as wetlands to driven-steel foundation posfs
with negligible cross section in contact with the ground. Therefore, there is no
increase in the impervious area of the site, and no fill or dredge activities will
occur. The projecf does not include any grading, and Applicant is working with the
tJnited Sfafes Army Corps of Engineers (USACE) to obtain a "no permit required"
sfafus for the project to proceed as designed.
The diversion ditch that bisects the project does have hydrophytic vegetation and could
be considered a waterbody according to the Land Use and Development Code. The
applicant has indicated on the site plan, that the solar panels will be setback from the
ditch. lt is staffs understanding that the intent of the waterbody setback is to protect the
loss of riparian area and to prohibit the disturbance of existing natural surface drainage
1.4
characteristics. The diversion ditch is surrounded by an agriculturalfield used for grazing
and there is limited riparian vegetation adjacent to the ditch. As part of the grading and
drainage plan, the applicant indicated that the solar panels are not expected to impact
existing drainage patterns or flow rates on or around the site. Additionally, as stated
above, the Army Corps of Engineers has responded with a referral comment that no
permit is required as part of this activity. The waiver criteria states that a waiver may be
approved if:
1 .) It achieves the intent of the subject standard to the same or better degree than
the subject standard; and
2.) lt imposes no greater impacts on adjacent properties than would occur through
compliance with the specific requirements of the code.
Because of no anticipated impact on riparian vegetation, the statement from the US Army
Corps that no permit is required for the proposal, the drainage study that indicates the
solar facility is not expected to impact existing drainage patterns or flow rates on or
around the site, indication from the applicant that the drainage ditch will be repaired, and
because the diversion ditch functions more like an irrigation ditch, staff is supportive of
the applicant's waiver request, provided that the site plan is updated to show no solar
panels are being installed in areas of hydrophytic vegetation. This has been included as
a suggested condition of approval.
7-204: Drainaqe and Erosion (Stormwater)
The applicant supplied a grading and drainage report as part of the application submittal.
This stated that in order to construct the project, approximately 0.5 acres of land will
require clearing and grading and because the disturbance is less than one acre, the
report indicates a CDPHE permit is not required for the project. The report also states
that the solar panels are not included in the imperviousness calculations because runoff
from the solar panels will shed onto the undisturbed vegetation below. The report
concludes that the runoff will follow existing drainage patterns and will not increase peak
flows from the solar garden site. lt also concludes that water quality will not be impacted
and detention is not warranted. The grading and drainage plan indicated that the
applicant would provide stormwater Best Management Practice's during construction.
The Grading and Drainage plan has been reviewed by the Garfield County designated
engineer and no comments were generated. Staff has included a suggested condition of
approval that Stormwater BMP's be in place during construction as represented on the
grading and drainage plan.
7-205 Environmental Qualitv
Any hazardous materials onsite are required to be installed and labeled in accordance
with applicable local, state and federal laws. Such labeling and signage is required in
accordance with the lnternational Fire Code (lFC) and lnternational Building Code (lBC).
ln addition, in accordance with 7-1101(A), the Applicant shall sign the perimeter of the
site warning of electrical shock.
The facility will not generate air emissions except for those typical of motor vehicles
accessing the site. To this end, the facility is not expected to impact air quality and does
not require a permit from CDPHE. The application was referred to CDPHE, who
responded with no identified concerns (Exhibit 16). The application was also reviewed
by Garfield County Environmental Health, who indicated no issues regarding potential
Environmental Quality impacts (Exhibit 16).
7-206: Wildfire Hazards
The facility is located within a Not Rated and Moderate wildland fire susceptibility
designation according to the Garfield County Community Wildfire Protection Plan. The
application was referred to Colorado River Fire Rescue who stated:
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 has included a suggested condition of approval requiring that the grass is trimmed
to a level acceptable to Colorado River Fire Rescue.
7-207 Natural and Geoloqic Hazards
See Section 7-108, above.
7-208: Reclamation
The Applicant has proposed minimal grading to the site and is proposing to maintain as
much of the existing ground cover as possible. The Applicant has proposed a seed mix
and weed management plan that have been referred to Steve Anthony of Garfield County
Vegetation Management. Mr. Anthony has indicated that the Weed Management Plan is
acceptable for the lease area.
Vegetation Management also requested, in their referral comment that the applicant
provide a management plan that will provide for the treatment of Russian-olives
throughout the property. Mr.Anthony indicated this can be accomplished by working with
the Vegetation Management Department and a County Commissioners initiated program
that provides assistance to landowners wishing to manage their tamarisk and Russian-
olive. The applicant will only be charged for the cost of the herbicides as part of this
program. There are other alternatives to this program that the Vegetation Manager can
work with the applicant on. Staff has included a suggested condition of approval that the
applicant provide a weed management plan for the property to the satisfaction of Garfield
Cou nty Vegetation Management.
76
Mr. Anthony was forwarded the comments from the Grand River Ditch Company with
regards to the hill side below the ditch and vegetation removal (Exhibit27). He responded
that he did not anticipate that being an issue and that he would have to meet with the
ditch company prior, in order to come up with a mutually agreed upon plan.
7-301: Compatible Desion
The applicant has supplied two separate glare analyses for the site. The first, submitted
as part of the original application was used to show that, when the sun is at its lowest
point in the sky, with the solar panels flat, no glare would impact the nearest houses to
the north. The applicant supplied a second glare analysis from Forge Solar, a program
developed by Sandia National Labs that evaluates solar glare during every minute of
every day of the year (Exhibit 20). The applicant indicated that this analysis showed that
no residence and no users on Highway 6 & 24 would be impacted by glare from the
facility.
The Garfield County Designated Engineer indicated in his referral comments that the
applicant should evaluate the impacts of glare over the course of the day. lt is staff's
opinion that the applicant addressed this issue with the glare analysis provided from
Forge Solar.
Further compatibility issues are discussed in Section 7-103 of this staff report.
7-302: Off-Street Parkinq and Loadinq Standards
When fully operational, the applicant anticipates that there will be a small crew of 1-4
people visiting the site 3-6 times annually to complete routine inspections and
maintenance. The applicant has indicated that there will be available parking within the
lease boundaries. During construction, the applicant has indicated that vehicles will be
able to park within the lease area.
7-303: Landscapins
The applicant has indicated that they are not proposing additional landscaping on the
site. Regarding this section, the applicant indicated:
Generally speaking, landscaping for solar projects can be problematic because it
causes shading on the panels, significantly reducing solarenergy production. This
concern is mosf significant along the southern boundary of a solar array. ln this
case, landscaping installed along the east and west borders of the solar project
would not only shade the solar array but would also inhibit Microgrid Energy from
returning the site back fo ifs original condition following the project's useful life.
This would require removal of established vegetation from an otherwise flat field
used for cattle grazing. The landowner does not support vegetative screening
because of the reasons mentioned above, and because it would be out of
character with the sife as if exisfs today. Furthermore, the Xcel Energy overhead
power lines running along the southern edge of the site would prohibit any
t7
vegetation with a vertical component that could limit Xcel Energy's access to their
power lines. The adjacent property owners to the south of the site are US Highway
6/24, a railroad track, a piece of vacant land with not structures, and the Colorado
River. Residenfs to the north of the array are situated far above the array which
would render landscaping ineffective. For fhese reasons, applicant is requesting
a waiver of the landscaping requirement.
Staff understands that adjacent properties to the north of the afiay are situated higher
than the affay, which would make it difficult to screen the facility from view. Property
owners to the south are protected by the County Road, the railroad, and significant
distance from the proposed site. Users of Highway 6 & 24 will see the solar facility. The
applicant has addressed this issue by indicating:
When driving past the project, adding significant vegetation will not screen the
installation from the public, but instead will draw additional attention to the proiect
site. Working to maintain the visual corridors through the installation does more
to limit visual impacts than physical screening can accomplish.
The applicant has indicated through a glare analysis, that there will be no impact to users
on Highway 6 & 24 or to adjacent property owners.
7-304: Liqhtino
The applicant has indicated that the solar anay will have no exterior lighting.
7-305 Snow Storaqe
Adequate portions of the site plan including areas adjacent to the proposed solar affay
area are available for snow storage if necessary.
7-306 Trails
Trails standards are generally not applicable based on the 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. Siqnaoe
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.
18
B. Solar Enerqy Systems, Accessorv
As a Solar Energy System, Large, this section is not applicable to this facility.
VI. SUGGESTED FINDINGS
1. That proper public notice was provided as required for the hearing before the
Planning Commission.
2. The hearing before the Planning Commission was extensive and complete, that
all pertinent facts, matters and issues were submitted and that all interested parties were
heard at that meeting.
3. That for the above stated and other reasons the proposed Land Use Change
Permit for the Peregrine 08 lnvestments LLC 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 and a Waiver from Section
7-203 the Waterbody Setback, the application has adequately met the requirements of
the Garfield County Land Use and Development Code, as amended.
V!I. RECOMMENDATION
The following recommended conditions of approval are provided for the Planning
Comm ission consideration.
Conditions Prior to lssuance of Land Use Change Permit
1. Prior to the issuance of the Land Use Change Permit the applicant shall update the
site plan to show a 50 foot setback from CDOT survey monuments indicating
Highway 6 &24's northern right-of-way line. lf the monuments cannot be found, the
applicant shall update the site plan to show a 50 foot setback from the existing fence
line that runs along the northern boundary of the Highway, or a 50 foot setback from
the Right of Way as demonstrated by updated ownership documents acceptable to
the County Attorney's Office.
2. Prior to the issuance of the Land Use Change Permit, the Applicant shall supply
Community Development with a signed access permit and a notice to proceed from
the Colorado Department of Transportation.
3. Prior to the issuance of the Land Use Change Permit, the Applicant shall execute
and record the access easement to the lease site. A copy of the access easement
L9
4.
5.
shall be reviewed and accepted by the Community Development Department and
the County Attorney's Office.
Prior to the issuance of the Land Use Change Permit, the applicant shall update
the site plan to show the newly constructed access road entirely on the applicant's
property.
Prior to the issuance of the Land Use Change Permit, the applicant shall update
the site plan to show that no solar panels are being installed or development is
occurring in areas with hydrophytic vegetation. With this update, no solar panels
shall be located closer to the diversion ditch than shown on the current site plan.
Prior to the issuance of the Land Use Change Permit, the applicant shall provide a
weed management plan satisfactory to Garfield County Vegetation Management.
Any weed management actions that could impact the hill side shall be undertaken
with the consultation of the Grand River Ditch Company. A demonstration of
compliance with this condition shall be provided by Garfield County Vegetation
Management.
Prior to the issuance of the Land Use Change Permit, the applicant shall update
the site plan to show an approved fire truck turnaround, acceptable to Colorado
River Fire Rescue. Compliance with this condition shall be provided by Colorado
River Fire Rescue.
Gonditions of Approval
8. All representations made by the Applicant in the application shall be conditions of
approval, unless specifically altered by the Planning Commission.
9. The operation of the Solar Facility shall be done in accordance with all applicable
Federal, State, and local regulations governing the operation of this type of facility.
10. Signage around the perimeter of the facility warning of electrical shock shall be
installed.
11. The top of the fence that surrounds the lease area shall be marked with flagging or
other highly visible material acceptable to Colorado Parks and Wildlife, to
discourage deer and elk from jumping the fence.
12. Raptor perch deterrents shall be installed on any newly installed above ground
wiring where electrocution to raptors or other birds could occur.
13. Once the facility is installed and online, the operator shall conduct a training of the
emergency shutdown procedures with Colorado River Fire Rescue staff.
o.
7.
20
14.
15.
16.
17.
18.
19.
20.
The operator shall keep the grass trimmed to a level acceptable to Colorado River
Fire Rescue.
Gates shall be installed in the fence to the facility, as required by Colorado River
Fire Rescue.
A fire department Knox Box or Knox Padlock shall be installed at the entrance gate
for emergency access. All other gates associated with the facility shall have either
a master key lock system with keys installed in the Knox Box or shall have
combination locks with codes provided to the fire department.
The access road shall be designed and constructed to the Standards outlined in
Section 7-107 of the Land Use and Development Code for primitive driveways. The
access road shall be built with a driving surface acceptable to Colorado River Fire
Rescue.
Operation of the site shall be consistent with State of Colorado guidelines for areas
located within 0.5 miles of a Bald Eagle Roost.
The applicant shall use storm water best management practices as indicated on
the Grading and Drainage Plan.
Potable water and sanitation shall be addressed during construction by provision of
portable facilities in compliance with OSHA requirements.
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27
Site Visit Photos - View of the Lease Area
Diversion Ditch
22
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24
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Gurfield County
PUBLIC HEARING NOTICE INFORMATION
Please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. ln addition, please initialon the blank line next to the statements if they accurately reflect the
described action.
My application required written/mailed notice to adjacent property owners and minera!
owners.
Y Mailed notice was completed on the 9th day of January ,201-8
,Y All owners of record within a 200 foot radius of the subject parcel were identified as
shown in the Clerk and Recorder's office at least 1"5 calendar days prior to sending
notice.
the Clerk and Recorder or Assessor, or through other means Uist] as well as independent
minearl abstract review with oil and gas consultant
. Please attach proof of certified, return receipt requested mailed notice.
My application required Published notice.
v Notice was published on the 1 1th day of January , zof 8
. ilt"rru attach proof of publication in the Rifle Citizen Telegram.
EI My application required Posting of Notice.t/ Notice was posted on the 11th day of January , 201g
,/
Notice was posted so that at least one sign faced each adjacent road right of way
generally used by the public.
! testify that the above information is true and accurate.
Name: Jonathan Fitzpatrick
Signatu re:
Date:1t31t2018
Ad #: 0000176732-01
Customer: CMNM LEGAL'S/HOUSE ACCOUNT,
Your account number is: 2927005
PROOF OF PUBLICATION
RIFLE CITIZEN TELEGRAM
STATE OF COLORADO
COUNTY OF GARFIELD
l, Samantha Johnston, do solemnly swear that I am
Associate General Manager of the RIFLE CITIZEN
TELEGMM, that lhe 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;
lhat said newspaper has been published continuously and
uninterruptedly in said County of Garfield for a period of
more than fitty-two consecutive weeks next prior to the
first publicalion of the annexed legal notice or
advertisementi 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 qualifled for publishing legal notices and
advertisements within the meaning of the laws of the State
flltd86'88n"l<"0 tegat notice or advertisement was
published in the regular and entire issue of every number
of said weekly newspaper for lhe period of 'l insertion; and
that the first publication of said notice was in the issue of
said newspaper daled 111112018 and that the last
publication of said notice was daled 111'112018 in the issue
of said newspaper.
ln witness whereof, I have here unto set my hand this day,
1t19t2018.
PUBLIC XOTICI
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Samantha Johnston, Associate General Manager
Subscribed and sworn to before me, a notary public in and
for the County of Garfield, State of Colorado this day
111912018.
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MOUNTAIN CROSS
ENCINEERING, INC.
Civil and Environmental Consulting and Design
BTHBlr
It \o
Rtr:Iteview of the Peregrine Solar Energy System Application: MIPA-I l-17-8594
Dear Patrick:
This oflice has perforrned a review ol'the documents providcd for the Peregrine Solar Energy
Systen'r Application. The submittal was fbund to be thorough and well organized. The leview
generated the following comments:
1. The applicant should provide CDOT Access permitting and a list of conditions once
permitting is received.
2. The consultants believe that a 404 permit fi'orn the USACoE for Wetland impacts will be
necessary. The drainages and associated wetlands are not all associated with the washout
and therefbre lil<ely to be waters of the US. 'l'he applicant may need to modify the layout
to comply with 404 permitting. Similarly. the LUDC of Garfield County has a 35' setback
from water bodies that the applicant will need to evaluate and verify compliance.
3. The Applicant should verify that construction schedule meets with the recommendations
for minimizing impacts to Bald Eagles.
4. The glare profile provides an angle of glare at27o, However the sun rises and sets at angles
less than 27'. The Applicant should evaluate the impacts of glate over the course of the
day.
Feel free to call if you have any cluestions or comments.
Sincerely,
Mountain Cross Engiq'eering,. Inc.
I tt t{ L'1, ,Ii I\ titz\.a,.{ l-.1 ,..-{*,
Chris Hale. PE t
826"/,Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.55 44 F : 97 0.945.5558 www. mountairtcross-enq.corn
January 24,2018
Mr. Patrick Waller
Garfield County Planning
108 8lh Street, Suite 401
Glenwood Springs, CO 81601
EXHIBIT
t\Patrick Waller
From:
Sent:
To:
Subiect:
Roussin - CDOT, Daniel <daniel.roussin@state.co.us>
Sunday, January 28,2018 12:32 PM
Patrick Waller
Re: FW: Garfield County Referral Request - Peregrine Solar Energy System, Large
Mr. Waller - Thank you for the opportunity to review the Peregrine 08 lnvestments LLC for for a Solar Energy System that
has direct access on to US 006D. CDOT has received an access application. CDOT has offered Peregrine 08 Investments LLC an access
permit for this new use. At this time, CDOT hasn't received the signed access permit for this new use. I would recommend the County to
require the applicant to show proof of a signed access permit with a Notice to Proceed.
If you have any questions, please let me know.
Dan
Dan Roussin
Permit Unit Manager
Traffic and Safety
P 970.683.6284 | F 970.683.6290
222 South 6th Street, Room 100, Grand Junction, CO 81501
daniet.roussin@state.co.us I www.codot.eov/ | www.cotrip.orq
On Thu, Jan25,2018 at 12:13 PM, Patrick Waller <pwaller@garfield- ) wrote:
Hi Dan,
I hope everything is going well. I am writing to follow-up and see what comments CDOT has on this
application.
E
Thanks very much,
Patrick Waller
Senior Planner
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-1377 ext. 1580
pwaller@ garfi eld-county. com
http ://www. garf ield-counq,.com/conlnunit),-development/
From: Patrick Waller
Sent: Wednesday, January 03,2078 5:55 PM
To: Kelly Cave <kcave@garfield-co >; Chris Bomholdt <cbomholdt@garcos >; Morgan
Hill <mhill@garfield-count),.com>; Michael Prehm <mprehm@garfield-c >; Dan Goin
<dgoin@garfield-cou >; Steve Anthony <santhony@garfield-county.com>; Coffin - CDPHE, Richard
<richard.coffin@std >;'lcenogle - CDPHE, Bret'<bret.icenogle@st ); 'Roussin - CDOT,
Daniel'<daniel.roussin@state.co.us>; 'scott.hoyer@state.co.us'<scott.hoyer@stat >; 'Taylor Elm - DNR'
<taylor.elm@state.co.us>; 'carrie.a.sheata@usace.army.mil' <carrie.a.sheata@ >;
'w.travis.morse@usace.army.mil' <w.travis.morse@usace.army.mil>; 'grandjunctiones@fws.gov'
<srandjunctiones@fws.gov>; 'nlindquist@rifleco.ore' <nlindquist@riflec >; 'Janet Aluise'
<jatuise@townofsl ;'Chris Hale'<chris@mountaincross-eng.com>; 'Orrin Moon'
<Orrin.Moon@Crfr.uP; 'Linda S. Hansen' <lhA!S9!@Eep115.ng1>; 'tillmon.mcschooler@xcelenersy.com'
<tillmon.mcschooler@xcelenerg),. com>
Subject: Garfield County Referral Request - Peregrine Solar Energy System, Large
Good Evening,
Garfield County Community Development is requesting referral comments for an application submitted by
Peregrine 08 Investments LLC for a Solar Energy System, Large. The property is located at3l145 Highway 6
&24, Silt, CO 81652. The proposed I MW solar energy facility will be located on a leased area of
approximately 6 acres on an approximately 41.85 acres. Access is directly onto Highway 6 &24. The parcel is
zoned Rural. The File No. is MIPA-I1-17-8594.
The link to the application is available here.
,
,I Curfi.td County Community Development is requesting any responses to referral comments by Wednesday
r January 24,2018.
,
Thanks for your review and please contact me with any questions,
Patrick Waller
Senior Planner
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-1377 ext. 1580
pwal ler@ earfield-countv. com
hup ://www. garfi eld-county. com/communitv-development/
GarJield Couln
Vegetation Manugemenl
January 24,2018
Patrick Waller
Garfield County Community Development
Re: Peregrine Solar Energy MIPA-11-17-8594
Dear Patrick,
The Weed Management Plan is acceptable; however, staff is requesting that the plan be implemented over the entire 42
acre parcel.
The Russian-olives on the entire property are of particular concern.
The Vegetation Management Department is requesting that the applicant provide a management plan that will provide for
the treatment of Russian-olives located on the property by Dec. 31, 2018.
The county has a program, that the Commissioners initiated in 2007, that provides assistance to landowners wishing to
manage their tamarisk and Russian-olive. The primary method used in this program is the "cut-stump" method. The
applicant mentions this treatment in their weed plan. Under this program, the county will pay for a cutting crew and for
commercial applicators to apply herbicides to the stumps. The applicant is charged only for the cost of the herbicides.
Participation in this program is one option to remove the Russian-olives" There are other alternatives, and we'd be happy
to discuss these with the applicant.
lf the applicant is interested in participating in the county's tamarisk-Russian-olive program, please have them contact
Sarah LaRose with Garfield County at945-1377 ext. 4315.
Sincerely,
,/' ,'{7(-ra -"
Steve Anthony
k4)
Garfield County Vegetation Manager
195 W. l4s Straet Bldg. D, Suite 310
Rifle, CO E1650 Phone: 970-945-1377 x 4305 Mobile Phone: 970-379.{456
Colorado River Fire Rescue
exHtaiT
Patrick Waller
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: CSG1 LLC Solar Energy System
January 24,2018
Patrick:
This letter is to advise you that I have reviewed File Number: MIPA-ll-t7-
8594, CSG 1LLC Solar Energy System located at 31 145 Hwy 6 in Silt, CO.
After the review of the document and a site visit, I have the following comments
for the project;
l. The site plan shows an entrance road that travels to the center of the solar
array. In the event of a wildland or electrical fire in this solar alray, we
will need access to the entire site which includes the north side, eastside,
and possibly the south east corner of the solar array panels. Due to a fence
surrounding the solar array, we will need access gates in strategic
locations along the sides mentioned above. Access gate size will be
determined based on location.
2. Fire department Knox Box or Knox Padlock shall be installed at the
entrance gate for emergency access. Access road shall be all weather
driving surface into an approved fire truck turnaround area in the center of
the array service area. All weather driving surface is required due to the
access road being on the downhill side of an irrigated field. Any and all
gates that are approved if locked shall have either master key lock system
with keys installed in a Knox Box or shall have combination locks with
codes provided to the fire department.
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. This
requirement is due to vegetation growing in the solar ar-ray area of a
swampy field with no mitigation. Access to the areas under the solar
panels will be limited for firefighting purposes so we ask for an agreed
upon height of the solar panels.
Colorado River Fire Rescue
4. Property operators are required 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, Division Chief/Fire Marshal
EXHIBF
Public Health
1 95 W. 14th Street
Rifle, CO 81650
(970) 625-5200
Garfield County Community Development
108 8th Street
Glenwood Springs, CO 81601
Attn: Patrick Waller
January 23,2018
2014 Blake Avenue
Glenwood Springs, CO 81601
(970) 945-6614
Hello Patrick,
I have reviewed the application for the Peregrine Solar Energy System near Silt, Colorado. This
project is consistent with the goals of Garfield County's Comprehensive Plan to "promote and
encourage the development of renewable energy resources within the county" (pg. 65).
Given that issues related to potentialwetlands on the property seem to have been addressed,
we do not have concerns of water quality impacts as a result of this operation. We support the
applicant's plans outlined in their lmpact Analysis to limit glare for neighboring properties.
Thank you,
: ^,'./t ','' 'i,::'
I tt'- ; '. .'
Morgan Hill
Environmental Health Specialist I ll
Garfield County Public Health
2014 Blake Ave.
Glenwood Springs, CO 81601
(970) 665-6383
Garfield County Public Health Department - working to promote health and prevent disease
COLORADO
Parks and Witdlife
Department of Natural Resources
Northwest Regionat Off ice
71 1 lndependent Avenue
Grand Junctron, CO 81505
January 22,7A18
Patrick watter
Garfietd County Community Devetopment Department
108 8th 5t Suite 401
Gtenwood Springs, CO 81601
RE: Peregrine Sotar Energy System
Dear Patrick:
Cotorado Parks and Witdtife has reviewed the materjats provided for the proposed sotar
energy project in Garfietd County. The fottowing comments summarize the anticipated
witdtife impacts resutting from this project, and atso provide ideas to mitigate possibte
impacts to witdtife species.
The proposed project is located within Mute Deer and Eik winter range and within a highway
crossing zone for both species. During more severe winters, it is common to see deer and etk
utitizing the area. The proposed project :;ite is also within overatt range for black bear. Batd
eagles use the site for overall range and for foraging. Additionatty, the project area is
frequented by raptors, inctuding hawks, eagtes and owts. Raptors forage for smat[ mammals
in the grazed pasture at the site.
CPW recommends marking the top strands of fence wire with ftagging or other highty visible
materia[ to discourage deer and etk from jumping the fence. Additionatty, CPW recommends
that raptor perch deterrents be instatted on any above ground wiring that could potentiatty
cause etectrocution mortatity to birds. lt. appears as though a detaited weed management
and re-vegetation ptan is inctuded in the ptanning documents. Given the retativety smat[
scale of the project and its proximity to existing disturbance atong Highway 6, the project
shoutd uttirnatety have minimaI impacts on local witdtife.
Thank you for the opportunity to comment on this project. lf there are any questions or needs
for additional information, ptease contact me.
Sincerety,zb
Brian Gray, District Witdtife Manager, Rif[e
cc: Kirk Otdham
Lyn Huber
Taytor Etm
Bob D. Broscheid, Director, Colorado Parks and Witdtife . Parks and Witd.ife Commission: Rob€rt w. Brav . Ma.ie Haskett . Carrie Besnette Hauser
John Howard. Chair. Marvin McDanjel. Dale PizeL. Jjm Spehar. James Vigjl. Secretany. Dear Wingfietd. Michelte Zimmerman. Vice-Chatr. Atex Zrpp
Affi ExHtarr
, o! c9r)kj/' 4".'."?-
FY' ;ri{o:i,
ir\'. , ', .. ,rr
'..|''1.;,'..;r,y'\.1 iaia r/
Patrick Waller
From:
Sent:
To:
Subject:
January 12,2018
Kuster - CDPHE, Kent <kent.kuster@state.co.us>
Friday, January 12, 2018 7:43 AM
Patrick Waller
MrPA-11-17-8594
Patrick Watter, Senior Planner
Garfietd County Community Devetopment Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Re: File No. MIPA-11-17-8594
Dear Mr. Watter,
The Cotorado Department of Pubtic Heatth and Environment has no comment on the Peregrine Sotar
Energy System MIPA-1 1 -17 -8594 referral.
Ptease contact Kent Kuster at 303-692-3662 with any questions.
Sincerety,
Kent Kuster
EnvironmentaI Specialist
Colorado Department of Pubtic Heatth and Environment
EXHIBITI )c
Kent Kuster
Environmental Protection Specialist
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver, CO80246-1530
303-592-3662 | kent.kuster@state.co.us
EXHIBITlt?
From:
Sent:
To:
Subject:
Attachments:
Patrick Waller
Wakefield, Samantha L < Samantha.l.wakefield@xcelenergy.com >
Thursday, January 18,201810:07 AM
Patrick Waller
FW: Garfield County Referral Request - Peregrine Solar Energy System, Large
Referral Request.pdf
Patrick,
After Review Xcel Energy has no objection. Comptetion of this City/County review approval process does not
constitute an application with Xce! 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 infoimation is required prior to starting any part of the construction. Failure to provide required
informJtion 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
requ'ired depending on final utility design and layout. Engineering and Construction lead times will vary depending on
workloads and ma[erial availability. lnslallation, relocation, upgrade of existing facilities due to increased load and/or
removal of existing facilities will be made at the applicant's expense and are also subject to lead times referred to above.
All Current and future Xcel Energy facilities' must be granted easement.
Thank you,
Samantha Wakefield
From : Patrick Waller [ma ilto : pwa ller@ga rfield-county.com]
Sent: Wednesday, January 03, 2018 5:55 PM
To: Kelly Cave; Chris Bornholdt; Morgan Hill; Michael Prehm; Dan Goin; Steve Anthony; Coffin - CDPHE, Richard;
Icenogle - CDPHE, BreU Roussin - CDOT, Daniel; scott.hoyer@state.co.us; Taylor Elm - DNR;
carrie.a.sheata@usace.army.mil; w.travis.morse@usace.army.mil; grandjunctiones@fws.gov; nlindquist@rifleco.orq;
lanet Aluise; Chris Hale; Orrin Moon; Linda S, Hansen; McSchooler, Tillmon B
Subject: Garfleld County Referral Request - Peregrine Solar Energy System, Large
xcEL ENERGY SECURITY NOTICE: This email originated from an external sender. Exercise caution before clicking on anv links or
attachments and consider whether vou know the sender. For more information please visit the PhishinP DaPe on XDressNET.
Good Evening,
Garfield County Community Development is requesting referral comments for an application submitted by Peregrine 08
lnvestments LLC for a Solar Energy System, Large. The property is located at 31145 Highway 6 &24, Silt, CO 81652. The
proposed 1 MW solar energy facility will be located on a leased area of approximately 6 acres on an approximately 41'85
acres. Access is directly onto Highway 6 & 24. The parcel is zoned Rural. The File No. is MIPA-11-17-8594.
The link to the application is available here.
Garfield County Community Development is requesting any responses to referral comments by Wednesday January 24,
2018.
Thanks for your review and please contact me with any questions,
Patrick Waller
Senior Planner
Garfield County
1
Community Development Department
108 8th Street, Suite 40L
Glenwood Springs, CO 81601
(970) 945-1377 ext. 1580
pwa I le r@ga rfie ld-co u ntv.com
http://www.ga rfield-co u ntv.com/com m u n itv-deve lo pment/
XCEL ENERGY SECURITY NOTTCE: This email orisinated from an external sender. Exercise caution before clickins on anv Iinks or
attachments and consider whether you know the sender. For more information please visit the Phishing page on XDressNET.
Patrick Waller
From:
Sent:
To:
Cc:
Subject:
Dan Goin
Monday, January 08, 2018 12:23 PM
Patrick Waller
Michael Prehm; Dale Stephens
RE: Garfield County Referral Request - Peregrine Solar Energy System, Large
Patrick,
The Peregrine 08 Investments solar energy facility File # MIPA-11.-L7-8594 will be accessed off of Highway 6 & 24, there
for as far as Road and Bridge we have no concerns on the application.
Dan Goin
District 3 Foreman
Garfield County Road and Bridge
0298 CR 3334, Rifle CO 81650
970-625-8601.
From: Patrick waller
Sent: Wednesday, January 03, 2018 5:55 PM
To: Kelly Cave <kcave@garfield-county.com>; Chris Bornholdt <cbornholdt@garcosheriff.com>; Morgan Hill
<mhill@garfield-county.com>; Michael Prehm <mprehm@garfield-county.com>; Dan Goin <dgoin@garfield-
county.com>; Steve Anthony <santhony@garfield-county.com>; Coffin - CDPHE, Richard <richard.coffin@state.co.us>;
lcenogle - CDPHE, Bret <bret.icenogle@state.co.us>; Roussin - CDOT, Daniel <daniel.roussin@state.co.us>;
scott.hoyer@state.co.us; Taylor Elm - DNR <taylor.elm@state.co.us>; carrie.a.sheata@usace.army.mil;
w.travis.morse@usace.army.mil; grandjunctiones@fws.gov; nlindquist@rifleco.org; Janet Aluise
<jaluise@townofsilt.org>; Chris Hale <chris@mountaincross-eng.com>; Orrin Moon <Orrin.Moon@Crfr.us>; Linda S.
Ha nsen <lha nsen@sopris.net>; tillmon.mcschooler@xcelenergy.com
Subject: Garfield County Referral Request - Peregrine Solar Energy System, Large
Good Evening,
Garfield County Community Development is requesting referral comments for an application submitted by Peregrine 08
f nvestments LLC for a Solar Energy System, Large. The property is located at 31145 Highway 6 &24, Silt, CO 81652. The
proposed L MW solar energy facility will be located on a leased area of approximately 6 acres on an approximately 41.85
acres. Access is directly onto Highway 6 & 24. The parcel is zoned Rural. The File No. is MIPA-1-1-17-8594.
The link to the application is available here.
Garfield County Community Development is requesting any responses to referral comments by Wednesday January 24,
2078.
Thanks for your review and please contact me with any questions,
Patrick Waller
Senior Planner
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 94s-1377 ext. 1s80
pwa I I e r(@ ga rfie ld -co u ntv.co m
http ://www.ea rfie ld-co u ntv.com/com m u n itv-deve lo pment/
0.rand River D,itch Company
January 23,2018
GARFIE1D COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
Attn: Patrick waller
tog g'n street
Glenwood Springs, CO 8150f
File Number: MIPA-11-17 -8594
Project Name: Peregrine 08 lnvestments LLC, Solar Energy System, Large
The project proposed by this application has reviewed the application reference above. The Lower
Cactus Valley Ditch, owned and operated by Grand River Ditch Company traverses the entire length of
the subject property from east to west in an easement established more than 120 years ago. ln
operation since 1897, the ditch company is incorporated to provide irrigation water to more than 140
shareholders (including the Town of Silt) with 50 CFS water from the Colorado River.
Upon review of the proposed project, the only item that is of concern to the ditch company is the
proposalto eradicate allof the Russian Olive trees presently growing on the property. Grand River
Ditch Company respectfully requests that the applicant be required to mitigate the above concerns by
ensuring that alternative vegetation is established prior to elimination of the trees in order to prevent
de-stabilization of the hillside on which the ditch runs.
Respectfully submitted,d-rril/1
LeeRoy Chelewski
President, Board of Directors
Linda S. Hansen, Secretary
3290 County Road 2{0
Rifle, CO 81650
EXHIBIT
1t3012018 Ziegler - standard 1 MW Site Config I ForgeSolar
GlareGauge GIare AnalYsis esu
Created Aug. 21,2017 1:23 P.m.
Updated Jan. 30, 2018 12:15 P.m'
DNI varies and peaks at'1,000.0 w/m^2
Analyze every 1 minute(s)
0.5 ocular transmission coefficient
0.002 m PUP|I diameter
0,017 m eye focal length
9,3 mrad sun subtended angle
Site Configuration lD: 9890.1701
"Green" Glare "Yellou/'Glare EnergYProduced
deg mtn
0
EXHIBIT
LO
j-''%ra
irrrlri
" iXl ForgeS'-: i ::'
r-tt
Site Configuration: Ziegler'standard 1 MW
Wley's first 1 MW layoui
Summary of
PV name
\Mley 1 MW
ReSults No glare predictedl
Tilt Orientation
1
2
4
5
deg min
0SA tracking SA tracking
Component Data
eV Array(s)
Name: Wley 1 MW
Axis tracking: Single-axis rotation
Tracking axis orientation:0.0 deg
Tracking axis tilt: 0.0 deg
Tracking axis panel offset: 0.0 deg
Maximum tracking angle: 60.0 deg
Resting angle: 60.0 deg
Rated power: -
Panel material: Smooth glass without AR coating
Vary reflectivity with sun position? Yes
Corelate slope eror with surface type? Yes
Slope enor 6.55 mrad
Flight Path Receptor(s)
Longitude
deg deg
39.549272 -107.693074
39 549280 -107.690724
39.548941 -107.689791
39.548568 -107.689791
39.548585 -107.693042
Ground
elevation
ft
541 1.90
5414.24
541 3.08
5408.80
5408.16
Height above Total
ground eleYation
ftft
8.00 5419.90
8.00 5426.24
8 00 u21.OA
8.00 5416.80
8.00 5416.16
httos://www.forgesolar. com/projects/1 701 /confi gs/9890/114
1t30t2018 Ziegler - standard 1 MW Site Conlig I ForgeSolar
Name: Eastbound approach (from wes0
Description:
Threshold height: 50 ft
Diroction: 88.6 deg
Glide slope: 3.0 deg
Pilot view restticted? Yes
Vertical vicw restriction: 30.0 deg
Azimuthal view rEtrietion: 120.0 deg
Name: \ bstbound approadr (from east)
Descriptiil:
Thrcshold height: 50 ft
Direclion: 269.1 deq
Glide slope: 3.0 deg
Pilot view restricted? Yes
Vertical view restriction: 30.0 deg
A2imuthal viaw r€triction: 120.0 deg
Discrete Observation Receptors
Numbcr Latitude Longitude
Point Latitude Longitude
deg deg
Threshold 39.526355 -1o7.74UO7
2f,ile 39.525654 -1O7.777924
point
Point
Threshold
2-mile
point
Ground
elevation
fr
5465.31
5305.02
Ground
elevation
fr
5532.21
5659.97
ft
50.00
475.70
ft
5582.22
61 35.67
Latitude Longitude
Height above Total
ground elevaton
ftft
50.00 5515.31
763.75 6068.77
Height abovo Total
giound elevalion
degdeg
39.526876 -107.715604
39527320 -107.678081
oPl
oP2
oP3
oP4
oP5
oP6
oP7
oP8
oP9
oP 10
oP tl
oP 12
op re
oP 14
deg
39.549677
39.549225
39.550929
39.550664
39.550962
39.550896
39.548033
39.548207
39.54833'l
39.548406
39.548389
39.54E2E2
39.5481 82
39.54a124
deg
-107.689061
-1 07.687366
-107.6A9726
n07.691057
-1 07.693632
-'t 07.69s863
-1 07.685918
-107.688235
-1 07.589780
-1 07.691164
-1 07.692580
-107.694',t47
-107.696035
-1 07.697365
Ground elevation
ft
5490.78
54A7.57
5484.05
5496.2'l
5487.33
5474.47
541 9,79
il'|1.67
il!1.74
5411.98
5411.69
5412.22
541 9.04
il22.11
Height above ground
ft
6.00
6.00
6.00
6.00
6.00
6.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
Toial Elsvation
ft
5496.78
5493.s7
5490.05
550.2.21
5493.33
54U.44
y24.79
54'15.67
5416.74
54'16.98
5416.69
u17.22
5424.O4
5427.11
https:/
^,wv.forgesolar.com/projects/1701/configs/9890/
2t4
1t3012018
PV Array Results
Wiley 1 MW
Component
FP: Eastbound approach (from west)
FP: Westbound approach (from east)
OP: OP 1
OP: OP 2
OP: OP 3
OP: OP 4
OP: OP 5
OP: OP 6
OP: OP 7
OP: OP 8
OP: OP 9
OP: OP 10
OP:OP 11
OP: OP 12
OP: OP 13
OP: OP 14
Ziegler - standard 1 MW Site Config I ForgeSolar
Green glare (min)Yellow glare (min)
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
https :/Arvww.forgesolar. com/projects/1 70 1 /confi gs/9890/3t4
'U30t2018 Ziegler - standard 1 MW Site Config I ForgeSolar
Assumptions
. Times associated with glare are denoted in Standard time. For Daylight Savings, add one hour.
. Glare analyses do not aocount for physical obstruclions between ref,eclors and receptors. This includes buildings, tree cover and
geographic obstructions.
. The glare hazard determination relies on several approximations induding observer eye characteristics, angle of view, and typical Hink
response time. Actual values may difier.
. Hazard zone boundaries shown in the Glare Hazard dot are an approximation and visual aid. Actual ocular impact outcomes encompass {
continuous, not diEcrete, spectrum.
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P.O. Box 6O
38t I'llnler f,venue
DeBeqoe, CO 8153O
Ph: 970.2E3.5475
Fox: 97O.283.12O5
urrww.dcbcquc.olg
January 30, 2018
EXHIBIT
T.og
Mr. Patrick Waller
Garfield County Community Development
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Regarding your review of File No. MIPA-ll-L7-8594 (Peregrine 08 lnvestments LLC, Solar Energy
System, Large), also known as the 1 MW community solar array just west of Silt
Dear Patrick:
I am writing in support of the above referenced land use application for the installation of a solar farm
near Silt by Microgrid Energy, The Town of De Beque has a vested interest in the approval of this project.
ln the fall of 2OL7,the Town of De Beque, in an effort to further its energy efficiency initiatives solicited
proposals from companies interested in providing solar based electricity to the Town. At the conclusion
of our procurement process, the Town contracted with Microgrid Energy to supply electricity from a
solar farm to be located somewhere along the l-70 corridor on the West Slope. Unfortunately, after an
exhaustive search for a suitable property in De Beque, the decision was made by the company to locate
a site outside of our communitY.
It is our hope that the Planning Commission, County Commissioners and any opponents to this
application will agree that the benefits to the region from the solar farm will far exceed any perceived or
actual problems that may require mitigation. Please submit this letter of support into the hearing
record.
Please contact me if you should need any additional information.l^*W
Lance Stewart
Town Administrator
WU$UEHNEN RoNMUNU AND EOoIo@Y, INO
January 26,2018
Patrick Waller
Senior Planner
Community Development Department
108 8'h Street
Glenwood Springs, Colorado 81601
Subject:Ziegler Solar Garden, Approximately 6.0 Acres in Section 5, Township 6 South,
Range 92 West, Parcel # 217905400056 Garfield County, Colorado. Western
Environment and Ecology, Inc. Project Number 750-004-03.
Dear Mr. Waller:
Jonathan Fitzpatrick, Project Development Manager with Microgrid Energy, has asked
Western Environment and Ecology, Inc. (Western Environment) to described both the physical
characteristics of the site and the procedural process required to receive a "No Permit Required" US
Army Corps of Engineers Section 404 designation for the Ziegler Project. The unique physical
characteristics of this property are described in Western Environment's report entitled "General
Ecological and Cultural Resource Survey 31145 US Highway 6, Garfield County, Colorado" dated
September 6'h,2017. It is our understanding that you have a copy of this document.
This reports states "Currently, the flooded portions of the property, resulting from the
drainage ditch wash out, do not contain hydrophytic veqetation. However, primary
indicators for hydric soil and hydrology suggest that these portions of the property could be
considered wetlands due to their direct nexus with Waters of the United States". Based upon
this conclusion, Western Environment contacted Travis Morse, Senior Project Manager, Colorado
West Section, US Army Corps of Engineers on November 17'h, 2017 requesting a "No Permit
Required" finding regarding the proposed project. This request was based upon a similar project
completed by Western Environment for Clean Energy Corporative near New Castle, Colorado.
Mr. Morse responded to our request in an email dated November I 7'h,2Ol7 stating that the
Clean Energyproject was "not regulated because l) the spacing and construcfion did not
constitute fill and 2) how they (panels) were installed (driven piles) typically do not require
Corps authorization because they would not have the effect of a discharge of fill material."
On Decemb er 5'h, 2Ol7 , Western Environment provided Mr. Morse a full plan set for the Ziegler
Project, confirming similar spacing and constmction methods and requested his determination that
no fill would be placed within Waters of the US. On December l4'h,2017 , Mr Morse indicated that
the project was 5'h inline for review and that he expected his decision in mid January. As of this
date we have not received confirmation of a "No Permit Required" finding, We will immediately
provide the County a copy of the Corps decision upon its receipt.
You have also indicated that the County Land Use and Development Code defines wetlands
as "An ecosystem that depends on constant or recurrent, shallow inundation, or saturation at or near
the surface of the substrate. The minimum essential characteristics of a Wetland are recurrent,
sustained inundation or safuration at or near the surface, and the presence of physical, chemical, and
biological features reflective of recurrent, sustained inundation or saturation. Common diagnostic
feafures of Wetlands are hvdric soils and hvdrophvtic vesetation.
"12ilV
I,[E;SIP POVVEB,S AIrEfttIit E - I"ltr,A'TI,EToN],, COIOELAIDO 8Oi2O
PEoSTIE [3O3]73O-3 45,2 . nAX (aOa]2,'aO-a*e4
\ltr\7yvt .. \ilrEsTEn,NEi\ri rrlBo Ni !4ED[rI""cord
*
These features will be present except where specific physicochemical, biotic, or anthropogenic
factors have removed them or prevented their development." This definition is independent of the
Corps definition that requires a'Nexus" with Water of the US.
While our opinion regarding the Ziegler Project's potential impact to Waters of the US is
based upon a confirmed nexus, it does not identiff hydrophytic vegetation within the inigation
ditch failure sheet wash zone. Without this physical characteristic it is our judgment that the
County,s diagnostic feature requirement of the presence of wetland veqetation is not met,
removing the project from Development Code Restrictions.
We are available at anytime to answer the County's questions or concerns regarding this
project and will keep you apprized as to the Corps decision.
Respectfully,
Greg D. Sherman P.G.
President.
Patrick Waller
From:
Sent:
To:
Cc:
Subject:
Hi Pat,
Doehling - CDOT, Leslie <leslie.doehling@state.co.us>
Wednesday, January 31, 2018 8:49 AM
Patrick Waller
Daniel Roussin
Re: ROW plans
Looking at the plans I sent you (see sheet 2 of part
fences if there is not any better evidence.
1), survey monuments were set. I would only rely on the
Leslie Doehling, PLS
Su rvey/P lans Coordi nator
R3-ROW
P 970.683 .6234 | C 970.216.1561 | F 970.683.6249
2225.6th St., Room 317 Grand Junction, CO 81501
Lestie.Doehtinq@state.co.us I www.codot.eov I www.cotrip.ors
Under Colorado's Open Records Act (CORA), all e-mails sent by or to me on this state-owned e-mail account may
be subject to public disclosure.
The maps and data available for access from the Colorado Department of Transportation (CDOT) are provided 'bs is" without express or implied warranty of any
kind. CDOT disclaims any and all responsibility for the accuracy, timeliness or completeness of the maps and data. The burden for determining accuracyl
completeness, timelinesg merchantability and fitness for or the appropriateness for use rests solely on the user accessing this information. For the definitive
description of real propefty, consult the deeds recorded in the appropriate County Clerk and Recorder's Office.
On Wed, Jan 31, 2018 at 8:26 AM, Patrick Waller <pwaller@garfield-county.com) wrote:
Thanks for your help Les. One more question, not sure if you all can answer this one and if not that is fine, but in
instances like this is it normal or policy to consider fence lines the boundary of the Right-of-Way?
Thanks,
Patrick Waller
Senior Planner
6
tr
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-1377 ext. 1580
pwa I ler(@ga rfield-cou ntv.co m
http://www.ga rfield-cou ntv.com/co m m u n itv-deve lo pment/
From: Doehling - CDOT, Leslie Imailto: leslie.doehlins@state.co. us]
Sent: Wednesday, January 31, 2018 8:19 AM
To: Patrick Wa ller <pwaller@garfield-countv.com>
Cc: Roussin - CDOT, Daniel <daniel.roussin@state.co.us>
Subiect: Re: ROW plans
Hi Pat,
I did not find deeds for this project in our files.
193 1.
It could be the ROW was acquired by the County around
Leslie Doehling, PLS
Survey/Plans Coordinator
R3-ROW
P 970.683.6234 I C
2725.6th St., Room
970.216.1561 | F 970.683.6249
317 Grand Junction, CO 81501
Lestie.Doehlinq@state.co.us I www.codot.sov I www.cotrip.orq
under Colorado's Open Records Act (CORA), all e-mails sent by or to me on this state-owned e'mail account
may be subject to public disclosure.
The maps and data available for access from the Colorado Deparbnent of Transportation (CDOT) are provided "as is' without express or implied waranty of any
kind. CiDr disctaims any and all responsibility for the accuracy, timelines or completeness of the maps and data. The burden for determining accuracy,
completenes, timeliness, mercnmtibitity ani fitness for or the appropriateness for ux resb xlely on the uxr accessing this information. For the detinitive
description of reat propetty, consult the deds recorded in the appropriate County Clerk and ReCOfdef'S OffiCe.
On Mon, Jan29,2018 at 5:28 PM, Patrick Waller <pwaller@sarfield-c wrote:
Thanks Les,
The proposed application I am looking at has a setback from the edge of pavement of Highway 6 &24. Normally, we
require a setback from the property line however, the title work and survey from the applicant did not show an
easement and it showed Highway 6 & 24 on the applicant's property. What kind of ownership do these construction
drawings show?
Thanks for your help on this,
Patrick Waller
Senior Planner
Garfield County
Com munity Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81501
(970) 945-1377 ext. 1580
pwa ller@garfield-countv.com
http://www.ga rfield-countv.com/comm unitv-development/
From: Doehling - CDOT, Leslie Imailto:leslie.doehlins@state.co.us]
Sent: Monday, January 29,20782:I7 PM
To: Patrick Waller <pwaller@sarfield-countv.com>
Subject: ROW plans
Hi Pat,
Here are the ROW maps you requested.
Leslie Doehling, PLS
Survey/Plans Coordi nator
R3.ROW
Let me know if you need anything else.
P 970.683.6234 | C 970.216.1561 I F 970.683.6249
7225.6th St., Room 317 Grand Junction, CO 81501
Leslie.Doehtine@state.co.us I www.codot.qov I www.cotrip.ore
lJnder Colorado's Open Records Act (CORA), all e-mails sent by or to me on this state-owned e-mail account
may be subject to public disclosure.
The maps and data available for access from the Colorado Depafunent of Transpottation (CNT) are providd 'bs is" without expres or implied warranty of
any kind, CDOT disclaims any and att responsibility for the accuracy, timeliness or completeness of the maps and data. The burden for determining accuracy,
completengs, timeliness, merchantabitity and fitnas for or the appropiateness for ue resb olely on the user accessing this information. For the definitive
description of reat property, consult the deds recordd in the appropriate county Clerk and Recordef's Office,
FAP no. 145 C part 1.pdf
FAP no. 145 C part 2.pdf
FAP 145 C ROW Maps all.pdf
Patrick Waller
From:
Sent:
To:
Cc:
Subject:
Hello Patrick,
Morse, W Travis CIV USARMY CESPK (US) <w.travis.morse@usace.army.mil>
Thursday, February 01,2018 10:14 AM
Patrick Waller
Brendan Calonge
RE: Garfield County Referral Request - Peregrine Solar E
Based on the information provided and conversations with Brendan Calonge of Western Environment And Ecology
(cc'd), we have determined that the proposed work will not result in the discharge of dredged or fill material within
waters of the United States. Therefore, a Department of the Army Permit is not required for this work.
Our disclaimer of jurisdiction is only for this activity as it pertains to Section 4O4 of the Federal Clean Water Act and does
not referto, noraffect jurisdiction overanywaters presenton site. Other Federal, State, and local laws mayapplyto
your activities and any modification of the activities disclosed may trigger the Corps' regulatory authority (e.g.,
construction of a roadway in a wetland). Therefore, to ensure regulatory compliance, it is prudent to coordinate any
modification of the disclosed activity with our office.
For more information regarding our program, please visit our website at
https://u rldefense. proofpoi nt.co m/v2/u rl ? u= http-
3A_www.spk.usace.army.mil_Missions_Regulatory.aspx&d=DwlFAg&c=euGZstcaTDllvimEN8bTjXrwqOf-
vSA_CdpgnVfiiMM&r=si3TlvS3JEZRDBcSyQj59Kae2VWX3q6itFMxnTq_btw&m=SMjAOFiFyemBXyq8QCQCGUpKUsPt-
mnPUno_xkbVZm8&s=aFGdT4wfw5TRkLgbwDBlZm_PBMMTJ_q62lN_TidAE48&e=. We appreciate your feedback. At
your earliest convenience, please tell us how we are doing by completing the customer survey on our website under
Customer Service Survey, available at: at https://urldefense.proofpoint.com/vZ/url?u=httP-
3A_co rpsm a p u. usa ce. a rmy. m i l_cm -5 Fa pex_f-3 Fp-3 Dreg u I ato ry-
5 Fsu rvey&d= Dwl FAg&c=euGZstcaTDl lvim E N8bTjXrwqOf-
v5A_CdpgnVfiiM M&r=si3Tlv83JEZRDBcSyQj5gKae2VWX3q6itFMxnTq_btw&m=SMjA0FiFyemBXyqSQCQCGUpKUsPt-
m n P U no_xkbVZm 8&s= E_TIAb P rO rc84 Ld P D P h 5- UxrTYO h m z H Z E qys N P p- Lg I &e=.
Sincerely,
Travis Morse
Senior Project Manager
Colorado West Section
U.S. Army Corps of Engineers
400 Rood Avenue, Room 224
Grand Junction, Colorado 81501
(97O) 243-7199 ext. 1014
Please note: Our out-of-office notification has been disabled. lf I do not respond to your message in a few days, I may be
out of the office. I will respond as soon as I am able.
-----Origina I Message-----
From : Patrick Waller Imailto: pwaller@ga rfield-county.com]
Sent: Thursday, January 25,2OL812:13 PM
To: Morse, W Travis CIV USARMY CESPK (US) <https://urldefense.proofpoint.comlvZlurl?u=http-3A-w.travis.morse-
40usace.a rmy.m i l&d=Dwl FAg&c=e uGZstcaTD I lvi m E N8bTjXrwqOf-
EXHIBITfaq
vSA_CdpgnVfiiM M&r=si3Tlv83JEZRDBcSyQj59Kae2VWX3q6itFMxnTq-btw&m=8MjA0FiFyemBXyq8QCQCGUpKUsPt-
mnpUno_xkbVZmg&s=XKNKLL_fcddcUAXV8nPlviVLBtKloT-PFMTRg_TUt60&e=>; carrie.a.sheata@usace.army.mil
Subject: IEXTERNAL] RE: Garfield County Referral Request - Peregrine Solar Energy System, Large
Hi Carrie and Travis,
I am writing to follow-up on the referral request for the Peregrine Solar Energy System. I am sure you all are very busy,
but the application does have some wetland issues that I was hoping you all could weigh in on. I have spoken with the
applicant and they mentioned that they have submitted a permit with you all.
Thanks very much,
Patrick Waller
Senior Planner
Garfield County
Comm unity Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-1377 ext. 1s80
pwa I le r @ ga rf ie ld -co u nty.co m < m a i lto : pwa I I e r @ ga rf ie ld -co u nty. co m >
Blockedhttp ://www.Earfield-county.com/community-development/ <Blockedhttp://www'garfield-
co u nty.com/com m unity-deve lopment/>
From: Patrick Waller
Sent: Wednesday, January 03, 2018 5:55 PM
To: Kelly Cave <kcave@garfield-county.com>; Chris Bornholdt <cbornholdt@garcosheriff.com>; Morgan Hill
<mhill@garfield-county.com>; Michael Prehm <mprehm@garfield-county.com>; Dan Goin <dgoin@garfield-
county.com>; Steve Anthony <santhony@garfield-county.com>; Coffin - CDPHE, Richard
<https://urldefense.proofpoint.com lvZl url? u=http-3A-richard.coffin-
40state.co. us&d= Dwl FAg&c=e uGZstcaTDl lvim E N8bTjXrwqOf-
v5A_CdpgnVfiiM M&r=si3TlvS3JEZRDBcSyQj59Kae2VWX3q6itFMxnTq_btw&m=8MjAOFiFyemBXyq8QCQCGUpKUsPt-
mnpUno_xkbVZm8&s=S-0TrghQVSOo2gW8pS2vnbCCiZF-5FEM7DZ7igHtX3M&e=>; 'lcenogle - CDPHE, Bret'
<bret.icenogle@state.co.us>;'Roussin - CDOT, Daniel'<https://urldefense.proofpoint.com/v2/url?u=http-
3A da niel.roussin-40state.co.us&d=DwlFAg&c=euGZstcaTDllvim EN8bTjXrwqOf-
v5A_CdpgnVfiiMM&r=si3TlvS3JEZRDBcSyQj5gKae2VWX3q6itFMxnTq_btw&m=8MjA0FiFyemBXyq8QCQCGUpKUsPt-
mnpUno_xkbVZm8&s=XnZCLzKJzi0RpsTHTmjSTBTzneNr-PDHJJKYZ5bllSS&e=>;'scott.hoyer@state.co.us'
<scott.hoyer@state.co.us>;'Taylor Elm - DNR'<taylor.elm@state.co.us>;'carrie.a.sheata@usace'army.mil'
<https://urldefense.proofpoint.com lvllurl?u=http-3A-carrie.a.sheata-
40usace.a rmy.mil&d=Dwl FAg&c=euGZstcaTDllvimENSbTjXrwqOf-
v5A_CdpgnVfiiMM&r=si3Tlv83JEZRDBcSyQj59Kae2VWX3q6itFMxnTq-btw&m=8MjAOFiFyemBXyq8QCQCGUpKUsPt-
mnPUno_xkbVZmS&s=FrBbxDmJbcukujJEdfmfHSsz3SHfUfJCb2s3QRU4yjw&e=>; 'w.travis.morse@usace.army.mil'
<https://u rldefense. proofpoi nt.com I v2 / url? u=http-3A-w.travis. mo rse-
40usace.a rmy. m i l&d=Dwl FAg&c=euGZstcaTDl lvim E N8bTjXrwqOf-
vSA_CdpgnVfiiMM&r=si3Tlv83JEZRDBcSyQj5gKae2VWX3q6itFMxnTq-btw&m=8MjAOFiFyemBXyq8QCQCGUpKUsPt-
mnpUno_xkbVZmS&s=XKNKLL_fcddCUAXV8nPlviVLBtKloT-PFMTRg-TUt60&e=>; 'grandjunctiones@fws.gov'
<grandjunctiones@fws.gov>;'nlindquist@rifleco.org'<nlindquist@rifleco.org>;'Janet Aluise'<jaluise@townofsilt'org>;
'Chris Hale' <chris@mountaincross-eng.com>; 'Orrin Moon' <https://urldefense.proofpoint.com/v2/url?u=http-
3A-Orri n. Moon-40Crfr. us&d= Dwl FAg&c=e uGZstcaTDl lvim E NSbTjXrwqOf-
v5A_CdpgnVfiiMM&r=si3Tlv83JEZRDBcSyQj59Kae2VWX3q6itFMxnTq-btw&m=8MjA0FiFyemBXyq8QCQCGUpKUsPt-
mnpUno_xkbVZm8&s=Law3lvHSV3gUn8WNlqBVgxn6GSyMn6D-b6Xwu0Td95U&e=>; 'Linda S. Hansen'
<lhansen@sopris.net>;'tillmon.mcschooler@xcelenergy.com'<https://urldefense.proofpoint.com/v2/url?u=http-
3A_tillmon.mcschooler-4Oxcelenergy.com&d=DwlFAg&c=euGZstcaTDllvimEN8bTjXrwqOf-
vSA_CdpgnVfiiM M&r=si3Tlv83JEZRDBcSyQj59Kae2VWX3q6itFMxnTq_btw&m=8MjAOFiFyemBXyq8QCQCGUpKUsPt-
mnPUno_xkbVZm8&s=nlxl2iUxTJYpjTa ULwpOe2 l8T-nOT8UfjpOz3J6BZxc&e=>
Subject: Garfield County Referral Request - Peregrine Solar Energy System, Large
Good Evening,
Garfield County Community Development is requesting referral comments for an application submitted by Peregrine 08
lnvestments LLC for a Solar Energy System, Large. The property is located at 31145 Highway 6 &24, Silt, CO 81652. The
proposed 1 MW solar energy facility will be located on a leased area of approximately 5 acres on an approximately 41.85
acres. Access is directly onto Highway 6 & 24. The parcel is zoned Rural. The File No. is MIPA-11-17-8594.
The link to the application is available here <Blockedhttps://records.garfield-
co u nty. co m/We b Li n k/B rowse. a spx?sta rti d =365 1 1 2 1&cr= 1> .
Garfief d County Community Development is requesting any responses to referral comments by Wednesday lanuary 24,
2018.
Thanks for your review and please contact me with any questions,
Patrick Waller
Senior Planner
Garfield County
Com m unity Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-1377 ext. 1580
pwa I le r@ ga rfie I d-co u nty. co m < m a i lto : pwa I I e r @ ga rf ie ld -co u nty.co m >
Blocked http :l /www.garfield-county.com/community-development/
Patrick Waller
From:
Sent:
To:
Subject:
Attachments:
Jonathan Fitzpatrick <jfitzpatrick@ microg ridenergy.com >
Friday, January 12,2018 1 1:00 AM
Patrick Waller
Ziegler - solar notices
Ziegler mi neral notices.pdf
Patrick,
Good morning. Per our conversation yesterday, I visited the Garfield County Clerk and Recorder on 1/11/18
and completed additional research into the mineral interest chain of title that you provided me via email on
1/10/18. I determined that no additional mineral conveyances have occurred beyond those indicated in the
recorded document (reception number: 846187), with the exception of a transfer from the Susan J McBee
Mineral Trust to the McBee Family Trust (same address, same Trustee; Garfield County reception # 862492
dated 5ll1l15). All mineral notices have been mailed to the six mineral rights holders (including Don and
Annette Ziegler) per the attached certified mail, return receipt requested receipts.
I trust this email is sufficient to satisfy your request, but if it is not, please let me know.
Regards,
Jon
IONATf{A\l FITZPATRICK I Project Development Managet
ifitzpatrick@ microgridenergy.com
M 303.506.7792 | Linkedln
Microgrid Energy I Energy Performance ,\t.i c!u oteti
microgridenergy.com
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February 5, 2018
To Whom !t May Concern:
The Town of Carbondale has contracted with Microgrid Energy to purchase 200 KW of
electricity from their proposed 1 MW solar garden in Garfield County. The location of the
proposed solar garden being in Garfield County was a major factor in Town contracting
with Microgrid. lt is our understanding that Garfield County location was selected due to
its proximity to Xcel's electrical infrastructure, flat terrain, and access to the sun (ample
without shading obstructions). While the Town of Carbondale has not reviewed the
current site proposal in detail and is not a position to comment on its' cornpliance with
the County's Land Use Code, the Town is supportive of developing both on-site solar and
centralized solar gardens within our community and Garfield County.
EXHIBITtu-
Patrick Waller
From:
Sent:
To:
Subiect:
Steve Anthony
Friday, February 02,2018 4:54 PM
Patrick Waller
RE: Comments from the Ditch Company
Hi Pat,
You mentioned that the other day, and I was going to ask you for a copy-so thanks for sending it to me.
It won't change my comments, but l'll need to visit with the ditch company prior to doing any work out there, and see if
we can get everybody on the same page.
The method we use is the "cut-stump" method...so we cut the tree down to a stump and treat the stump, so the roots
and root ballare still intact and in place in the soil....so we won't be just pulling the entire tree out.
l'm confident that we can visit with the ditch company and come up with a mutually agreeable plan.
Steve
From: Patrick Waller
Sent: Friday, February 2,2018 3:07 PM
To: Steve Anthony <santhony@garfield-county.com>
Subject: Comments from the Ditch Company
Hi Steve,
I received these comments from the ditch company as part of the referral packet for Peregrine Solar Facility. I was
wondering if it affected your comments or your thoughts?
Thanks,
Patrick Waller
Senior Planner
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-1377 ext. 1580
pwa ller(Oga rfield-cou ntv.com
http://www.ga rfield-countv.com/comm unitv-development/
Microgrid Energy
February 5, 201-8
Garfield County Community Development
c/o Patrick Waller
L08 8th St, #401
Glenwood Springs, CO 81601
Reference: Major Impact Review for Solar Energy System, Large - 3LL45 Highway 6 &
24 Silt - Garfield County File Number MIPA - 1I-77-8594 - Applicant response to
referral comments
Mr. Waller,
Please find responses below to referral comments for the above-referenced Major
Impact Review.
o Grand River Ditch Company
o Comment regarding revegetation is noted. Please see response to Garfield
County Vegetation Management comment below.
o Colorado River Fire Rescue
o Applicant is working with Orrin Moon, Division Chief/Fire Marshall at Colorado
River Fire Rescue, to address stated concerns prior to Planning Commission.
o Colorado Department of Transportation
o Applicant has sent check to Dan Roussin at CDOT Region 3 Access Division for
payment of access permit. Applicant will have completed permit in hand prior to
BOCC.
o Garfield County Public Health
o No response from applicant
o Colorado Parks and Wildlife
o Comments are noted
o Colorado Department of Public Health and Environment
o No response from applicant
o Garfield County Road and Bridge
o No response from applicant
o Xcel Energy
o The project is part of Xcel Energy's Community Solar Rewards program
o US Army Corps of Engineers
o No response from applicant
o Mountain Cross Engineering
Energy Performance Accelerated
Microgrid Energy
o All comments from Mountain Cross Engineering have been address by applicant
directly to Patrick Waller. Applicant believes all comments have been
sufficiently addressed at this time.
o Garfield County Vegetation Management IGCVM)o Applicant does not believe request from GCVM to expand Weed Management
Plan is appropriate for the Ievel of impact, size, and location within the subject
property. Furthermore, applicant does not have the legal right to enter onto
other areas of the subject property to complete such management tasks as
requested, nor does the project have sufficient funds to undertake additionally
described work. The project, as currently sited, does not require any Russian
Olive Tree vegetation management. Applicant has not prepared, or accounted
for, any costs related to such management activities. Additional unknown costs
beyond those described in GCVM's referral comments related to the referral
comments from the Grand River Ditch Company further cloud and complicate
the enhanced management request from GCVM. Applicant discussed these
concerns with Steve Anthony of GCVM.
Project Development Manager
Microgrid Energy
Regards,
Energy Performance Accelerated
231 N. 7h Street, P.O. Box 70, Silt, Colorado 81652 (970) 876-2353 Office (970) 876-2937 Fax
EXHIBTT
IoE
February 7,2018
Garfield County Community Development
Attn: Mr. Patrick Waller, Senior Planner
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Re: Referral for Peregrine '08 Investments/MicroGrid Solar Array
Dear Patrick:
On February 6,2018, the Town of Silt reviewed the proposed Peregrine '08
Investments/MicroGrid Large Solar Array at its regularly scheduled Planning & Zonng
Commission Meeting.
Following a lengthy presentation by both the Town staffand by John Fitzpatrick, the
Town is pleased to endorse the project and recommend that Garfield County approve the
Peregrine '08 Investments/MicroGrid Large Solar Array, according to the Garfield
County Land Use Resolution. The Town believes that this type of energy production can
only benefit the region, and in fact, the Town will be purchasing power liom the
applicant.
Thanks for your consideration.
Sincerely"
Meredith Robinso n, P lanning & Zonng Co mmiss ion Chairwo man
CC: Janet Aluise, Community Development Director; file
Town ofNew Castle
450 W. Main Street
PO Box 90
New Castle, CO 81647
Admids6ation
Phone: (970) 984-231 I
Fa* (9701984-7716
yy gry111yca_s clecolorad o.org
EXEIEJ;
February 7,2018
Re: Review of File No. MIPA-I1-17-8594 (Peregrine 08 Investments LLC, Solar Energy System,
Large), also known at the I MW community solar garden along US 6 just west of Silt.
To the Garfield County Planning Commission:
Thank you for reviewing the Microgrid Solar Garden site. The Town of New Castle is a subscriber in
this solar garden, which offered the Town a way to both reduce the cost of electricity in Town facilities
and to give us an opportunity to invest in solar energy.
The Town of New Castle supports this application before the Planning and Zoning Commission and is
pleased for this opportunity to invest in our future through solar energy.
Respectfully,
-)lr*h,l--,
Thomas Baker
Town Administrator
cc Mayor and Town Council
EXHIBITlj\
Roger and Janice Day
265 Fox Run Road
Rifle CO 81650
970-379-672s
battlefrk@rof. r,et
218l?ot8
Garfield County Planning Commission:
We neighbor the proposed Ziegler Solar Garden Site and find
the land use change application self-contradictory, confusing
and poorly prepared and presented. The application is such
that it is not reasonable to expect knowledgeable and
constructive public participation in the review process' I
contacted Jon Fitzpatrick to directly address these concerns.
The resulting phone calls and emails failed to reasonably
address the issues. He did not respond to my suggestion to
improve the application before it was too late. Similarly, I met
with Patrick Waller, Garfield County Senior Planner, to address
the concerns. Patrick and I were unable to address the issues
created by the poorly prepared application. Janice and I ask
the County to require the applicant to improve and resubmit
the application. Done right, this is a good project welcome in
the neighborhood.
More specifically, the application solar glare evaluation is
grossly inadequate. The meager glare analysis provided even
appears to defy well-established laws of physics' There is also
no commitment to remove and manage the known fire hazard
that exists on the propefi. There is no commitment to
accomplish the goals of the Garfield County Weed
Management Programs. Are there powerlines, transformer
yards, and other aspects of the project that need to be
disctosed to allow informed public participation in the review
Patrick Waller
From:
Sent:
To:
Subject:
Dale and Julie Nesbit
0524 Fox Run
Rifle, CO 8I650
970-319-0141
jnes55@yahoo.com
Julie Nesbit <jnes55@Yahoo.com >
Monday, Februury 12, 2018 1 1:23 AM
Patrick waller
Microgrid Energy solar Array - Planning & Zoning Commission Meeting
Patrick Waller, Senior Planner
Garfield County Planning Commission
We are adjaoent lamd owners to the Peregrine Major Impact Application request'
We feel it could negatively impact ours and the surrouncling properties. Most of us moved to this area hecause
of the agricultural rZttingr *d M..u view to the Colorado River. This project would seem to be the begging of
an industri al areaview as seen further to the west on Highway 6. We realize this is a relatively small area,
initially, but has the potential to increase greatly.
We certainly undersfind the need for thislype of project but not where it wili affect so many invested
properties. Nor" of us want to devalue whaf we have built up over the years because of the Solar Garden
placement. We have owned our property for 30 years, built on and lived for 25 years.
The current vista to the Coloraao ni"er is probably the most enticing feature to all of our properties!
please take this MAJOR Impact Review, Land Use Change Permit, as seriously as we the land owners are.
Please do not ruin'our'pieces of paradise!
Thank you,
Dale and Julie Nesbit
Patrick Waller
From:
5ent:
lo:
Subject:
Jonathan Fitzpatrick <jfitzpatrick@microgridenergy.com>
Monday, February 12,2018 2:36 PM
Patrick Waller
Re: FW: Microgrid Energy Solar Array - Planning & Zoning Commission Meeting
Patrick,
Thanks for sharing this comment. I understand the concern of the land owners and would offer the following
response: The project and equipment will not break the visual plane between these land ollrlers and the
Coiorado Rivei, or the mountains beyond. Because the project is sited in one of the lower areas of the subject
property, the highway and the railroad will still be the "highest" features when looking south from the
commentator's propeiy (meaning the solar array won't impact the view shed between the Colorado River and
the mesas to the southj. Our solar arrays only cover about 35% - 40%:o of our sites, so there will still be a
significzurt arnount of green, pastoral space on the subject property.
Regarding project creep/expansion, we haven't asked for authorizationto build anything larger than the 1 Mw
uoiy roni.-piated. Any expansions would require both Garfield County permission, as well as permission
from the utility (which we don't have at this time). Due to the available electrical capacity on this circuit,
expansion is uot in our Plans.
Finally, there is no data that suggests that a nearby solar installation had a negative impact on property values.
This has been mentioned at planning commissions and boards across the country where solar an'ays are
cortmon, but has never developed into the real concern some folks anticipate.
Thanks for sending this over.
Jon
On Mon, Feb 12,2Ol8 at2:02PM, Patrick Waller <pwaller@garfieid-county.com> wrote:
Jon,
Another public Comment I have received that will be going to the Planning Commission.
Patrick Waller
Senior Planner
Garfield County
Com m unity Development Depa rtment
ls>
108 8th Street, Suite 401
Glenwood Springs, CO 81501
(970) 945-1377 ext. 1580
pwa I le r@sa rfield-countL!q111
http://www.ga rfie ld-co untv.com/co m m u nitv-developme nt/
From: Julie Nesbit [mailto:ines55@vahoo'com]
Sent: Monday, February \2,207811:23 AM
To: Patrick Waller <pwaller@ga rfield-cou ntv.com>
Subject: Microgrid Energy Solar Array - Planning & Zoning Commission Meeting
Dale and Julie Nesbit
0524 Fox Run
Rifle, CO 81650
970-379-0141
jnes55@yahoo.com
Patrick Waller, Senior Planner
Garfield County Planning Commission
We are adjacent land owners to the Peregrine Major Impact Application request.
We feel it could negatively impact ours and the surrounding properties. Most of us moved to this area because
of the agriculturat ,i.ttirrgr *d M.ru view to the Colorado River. This project would seem to be the begging of
an industrial area view a-s seen further to the west on Highway 6. We realize this is a relatively small area,
initially, but has the potential to increase greatly.
We certainly understand the need for this type of project, but not where it will affect so many invested
properties. Norr. of us want to devalue what we have built up over the years because of the Solar Garden
placement. We have owned our property for 30 years, built on and lived for 25 years.
2
The current vista to the Colorado River is probably the most enticing feature to all of our properties!
please take this MAJOR Impact Review, Land Use Change Permit, as seriously as we the land owners are.
Please do not ruin'our'pieces of paradise!
Thank you,
Dale and Julie Nesbit
i"*or*on FIT'zPATRIcK I Project Development Manager
j fitzpatrick@microgridenergv.com
M 303.506.7792 | Linkedln
Microgrid Energy I Energy Performance Acceierqted
microgridenerg.v.com
