HomeMy WebLinkAbout3.0 Staff Report BOCC 03.26.16Board of County Commissioners - Public Hearing Exhibits
Microgrid Energy
Major lmpact Review
Applicant is Peregrine 08 lnvestments LLC
March 26,2018
(File M I PA-1 1 -17 -8594)
Exhibit
Number
Exhibit Description
1 Public Hearino Notice lnformation
2 Proof of Publication
3 Mailino Receiots from Mailed Notice
4 Photo evidence of Public Notice Postinq
5 Garfield Countv Land Use and Development Code, as amended
6 Garfield Countv Comprehensive Plan of 2030
7 Aoolication
I Staff Reoort
o 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
Januarv 24.2018\
14 Referral Comments from Garfield County Environmental Health (Dated
Januarv 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 Enerqv (Dated January 18, 2018)
18 Referral Comments from Garfield County Road and Bridge (Dated
Januarv 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 Applicant Memo Addressinq Wetlands (Dated January 26,2018)
23 Corresoondence with C DOT riq ht-of-way d epa rtment
24 Referral Comments from the U.S. Army Corps of Engineers (Dated
February 1,2018)
25 Apolicant update to Mineral Notice
26 Letter of Support from the Town of Carbondale (Dated February 5,
2018)
27 Additional Correspondence with Steve Anthony, Garfield County
Veqetation Manaqement (Dated February 2,2018)
28 Applicant Response to Referral Comments (Dated February 5, 2018)
29 Referral Comments from the Town of Silt Planning and Zoning
Commission (Dated February 7 ,2018\
30 Letter of Support from the Town of New Castle (Dated February 7,
2018)
31 Public Comment from Roqer and Janice Dav (Dated February 8, 2018)
32 Public Comment from Dale and Julie Nesbit (Dated February 12,
201 8)
33 Aoolicant Resoonse to Public Comment (Dated February 12,2018\
34 Updated Site Plan (Dated March 13, 2018)
35 Siqned CDOT Access Permit
36 FAA - No Hazard Determination, Dated September 22,2017
37 Supplemental Review from Colorado River Fire Rescue, Dated March
23,2018
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EXHIBITta
Board of County
March, 26,2018
File No. MIPA-1 1 -17 -8594
PW
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST
APPLICANT _ PROPERTY OWNER
OPERATOR / UTILITY
ASSESSOR'S PARCEL #
PROPERTY SIZE
LOCATION
ACCESS
EXIST!NG ZONING
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 lease 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, TOS, 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
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:
This means fhe solar panels will be facing east in the moming, be flat at noon,
and be facing west in tihe afternoon. They wiltfollow 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-
g feet'when fully tilted. The center axis will be approximately 4.5 feet. The project witl 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 minimal grading 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'
The Application was heard before the Garfield County Planning Commission on
February 14, 2018. At this meeting the Planning Commission voted unanimously to
recomm-end Approval with Conditions to the Board of County Commissioners. This
included the addition of a condition regarding the submittal of a letter from the FAA
addressing any impacts to air navigation from the facility.
Vicinity Map
Aerial of Subject Parcel
Proposed lJpdated Site Plan Excerpt (Exhibit 3a)
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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.
Currenly 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 Silt is
located approximately 0.88 miles to the east of the proposed project.
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III. PUBLIC COMMENTS AND REFFERAL AGENCY COMMENTS
Public Notice was provided for the Board of County Commissioners public hearing in
accordance with the Garfield County Land Use and Development Code as amended.
Two public comments have been received that indicate concerns with the application'
They are attached as Exhibits 31 and 32. Letters of support have beenreceived from the
fown of Debeque, the Town of New Castle, and Town of Carbondale. They are attached
as Exhibits21,30 and 26. Comments from referral agencies and County Departments
are summ arized 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.
The applicant may need to modify the layout of the facility to comply with
permiiting and should also address Garfield County 35'water body setback.
The Applicant should verify that construction schedule meets with
recommendations for minimizing impacts to Bald Eagles'
. The applicant should evaluate the impacts of glare over the course of the day.
Colorado Department of Transportation: (See Exhibit 1 1)
o Recommends that the County require the applicant to show proof of a signed
access permit with a Notice to Proceed.
Garfield County Vegetation Manager. (See Exhibit 12)
o Stated that the Weed Management Plan is acceptable, but requested the plan be
implemented over the entire 42 acre parcel.
o 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.
o 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.
. The applicant shall conduct training of emergency shutdown
procedures with CRFR staff'
404
the
2.
3.
5.
6.
Garfield County Public Health: (See Exhibit 14)
. Noted that the project is consistent with the Garfield County Comprehensive Plan.
o 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.
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
wrnngo Ultimately the relatively small scale of the project should have minimal impacts on
local wildlife.
7. Colorado Department of Public Health and Environment: (See Exhibit 16)
o Stated that they have no comments on the project.
8. Xcel Energy: (See Exhibit 17)
o Xcel Energy has no objection, but noted further work is needed with Xcel.
L Garfield County Road and Bridge (See Exhibit 18)
. 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
Managehent, 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 Requlations
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, there is 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. Since the Planning Commission
hearing, the applicant has submitted an updated site plan showing the setback from
existing fence on the property (Exhibit 34). The applicant also indicated that the surveyor
did not find monuments indicating the location of the CDOT right-of-way.
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.
Lrm Use
Desurrnor Descnmox Conpffislc Zoxwo
Resdenbal
Medium Hqh
(RMH)
ffi3ffireE
Small tams, estates. and clustered resrdentEl
subdrvrsions; dens{y determined by degre of
clustering and land preserved rn open ondrtion
0% open land = 1 du per -6 acres
50% open land = 'l du per 4 acres
70% omn land = 1 du oer 2 acres
Ru.al (R)
Planned Unit Developmef,t
(PUD)
Density of residential uss 1 du per 2 lo <6 acres
Example
Section 10 - Renewable Energy
Vision
Gafield County has encouraged the development of renewable
energy sources throughout the county and has ensured that
generating facilities are located in appropriate places in the county.
The county has a/so ensured that county regulations are not unduly
burdensome or difficult to negotiate in regards to the development
and location of new renewable energy resources.
/ssues
There are incentives fo explore alternative sources to conventional
energy for the benefit of individuals, communities, and the county
as a whole.
There is potential that alternative energy is a tool for economic
diversification.
It is likely that the individual and largescale use of alternative energy
will become more prevalent in Gaffield 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 current, and require future, PONHOA's to adopt local
standards to promote and allow for renewable energy technologies
to occur within their subdivrsions.
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 Grovyth 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):
Following a lengthy presentation by both the Town staff and by John Fitzpatrick,
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 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 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 per year for 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 includedas a referral agency and did not identify any issues with the proposal.
7-107: Access & Roadwavs
The applicant has shown that access to the facility will be off of Highway 6 & 24 onto anexisting driveway. From that point, the applicant has indicated trai ttrey will construct anew 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:
Prorect Phase
ftime Period]
Vehicle Type Estamated Gtoss
Vehicle Weighr
Number of Vehicles
Per Day
Maximum and
Average Vehicle Trips
Per DavHalenal and
Equipment oelivery
{aoDror. t weet}
Conex Contarner and
DeiiveR, Trucks
30.000-50,000 t5s 5-r5 10-30
Equipment Hautrng
Tnrclq
20,000-40,000 trs 0-4 0-8
ilsx-38/Aye-10rota! uaroen
lnstallation
{2 monthsl
Passenger trehicles 2 000 to 10,000 lbs 5-t 5 20-30
Fuel Truck 2C.000 to 30,000 tb6 2Matenal Deliver-y Truck 20.0fl0 to 30.000 lbs 2
Max-34,Ave-24Operefion*
l0noohnl Utrlity Vehicle 2 000 to 10,000 tbs 1 per month or less
Yar - ?liva -ll
Once the initial construction period is over, the applicant anticipates generating 1 vehicletrip per month or less. This indication puts the proposed access driveway into thePrimitive/Driveway Design standard according to Table 7-107 of the Land Use andDevelopment Code. The applicant has indicated that the existing driveway meets allTable 7-107 requirements for a primitive driveway access. Staff has included asuggested condition of approval that the newly constructed access be required to meetthe standards as outlined in Section 7-107. Additionally, in review of the site plan, aportion of the proposed access road is shown on CDOT'i property. Staff has included asuggested condition of approval that the access road be loiated entirely on theapplicant's property, beyond the initial access onto Highway 6 &24.
The application was reviewed by the Colorado Department of Transportation. A referralcomment was provided that stated (Exhibit 11):
CDOT has received an access application. CDOT has offered peregrine 0glnvestmenfs LLC an access permit for this new use. At this time, CDOT hasn,treceived the signed access permit for this new use. t woutd recommend theCounty to require the appticant to show proof of a signed access permit with aNotice to Proceed.
Staff has included a suggested condition of approval that the applicant show proof of asigned access permit with a Notice to Proceed, prior to the issuance of the Land Use
Change Permit, The applicant has supplied a copy of the signed CDOT Access Permit
to Staff (Exhibit 35).
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 not indicate any mapped hazards on the site.
The applicant has indicated:
The site proposed for the solar array is flat and not susceptible to falling rock,
landslides, snow sfides, 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 steel, aluminum, g/ass, and copper. The potentialfor a solar array to staft
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 possible, but never at the expense of personal safety.
The Application was referred to Colorado River Fire Rescue who noted the following
(Exhibit 13):
. Gates should be located in the fence to allow for fire access with access keys in a
Knox box or with combination locks.
. Access road should be of an all-weathersurface because of the location of the road.
1.1.
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 of the solar panels as represented in the application was acceptable to the
district. Since the Planning Commission hearing, the applicant has supplied an updated
site plan that addresses CRFR's comments from the applicant's perspective (Exhibit 34).
CRFR review of the updated site plan is still pending.
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.o CPW recommends that raptor perch deterrents be installed on any above ground
wiring that could potentially cause electrocution mortality to birds.
. Ultimately, the project should have minimal impacts on local wildlife.
Staff recommends conditions of approval requiring the marked 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 surtace 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 soils and hydrophytic vegetation.
The Applicant's consultant provided a memo that further clarified their work on wetlands
on this parcel. lt stated that (Exhibit22).
While 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.
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
13
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):
Based on the information provided and conversations with Brendan Calonge of
Western Environment And Ecotogy (cc'd), we have determined that the proposed
work witt not result in the discharge of dredged or fill material within waters of the
tJnited Sfafes. 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 404
of the Federal Clean Water Act and does not refer to, nor affect iurisdiction over
any waters present on site. Other Federal, Sfafe, and local laws may apply to
your activities and any modification of the activities drsc/osed may trigger the-Corps'
regulatory authority (e.g., construction of a roadway in a wetland).
Therefore, to ensure regulatory compliance, if is prudent to coordinate any
modification of the disclosed 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 35-foot waterbody setback. lt
states:
Applicant formally reguesfs 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 resutt of a permanent, fully fledged wetland (see repofi 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-steelfoundation 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
lJnited 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
Oitcfr. lt is staff's 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
characteristics. The diversion ditch is surrounded by an agricultural field used for grazing
and there is limited riparian vegetation adjacent to the ditch. As part of the grading and
1,4
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 .) lt 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
paneis 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 ani 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.
15
The facility will not generate air emissions except for those typical of motor vehicles
accessing the site. to tnis 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
prorid" a management plan that will provide for the treatment of Russian-olives
ihroughout the property. I\4r. 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
County Vegetation Management.
Mr. Anthony was forwarded the comments from the Grand River Ditch Company with
regards to the hill side below the ditch and vegetation removal (ExhibitzT). He responded
1.6
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 Desiqn
The applicant has supplied two separate glare analyses for the site. The first, submitted
as part'of the original application was used to showthat, when the sun is at its lowest
point in the sky, with the solar panels flat, no glare would impact the nearest houses to
ihe 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 Oay otifre 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 Parkins 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: Landscapino
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 proiects can be problematic because it
causes shading oi tne panels, significantly reducing solar energy production. This
concern rs moif significant atong the southern boundary of a solar array. ln this
case, landscaping-instalted atong the east and west borders of the solar proiect
would not only siade the solar array but would also inhibit Microgrid Energy from
returning the site back fo ifs originat condition following the proiect's useful life.
This woutd 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 rt exisfs today. Furthermore, the Xcel Energy overhead
power lines running along the southern edge of the site would prohibit any'vegetation
with a verlicat component that could limit Xcel Energy's access to their
t7
power lines. Ihe adjacent propefty 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 these reasons, applicant is requesting
a waiver of the landscaping requirement.
Staff understands that adjacent properties to the north of the affay are situated higher
than the array, 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 wlll see the solar facility. The
applicant has addressed this issue by indicating:
When driving past the project, adding significant vegetation will not screen the
instaltation 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 timit 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: Lishtinq
The applicant has indicated that the solar arruy will have no exterior lighting.
7-305 Snow Storaqe
Adequate portions of the site plan including areas adjacent to the proposed solar array
area are available for snow storage if necessary.
7-306 Trails
Trails standards are generally not applicable based on the nature of the proposal and
surrounding uses.
7-1101 SOLAR ENERGY SYSTEMS
The Applicant represents that the facility will comply with all the Solar Energy System
Standards contained in Section 7-1101. The following summary addresses the
applicable provisions.
A. Siqnaqe
The facility is required to have signage around the perimeter warning of electrical shock.
As a condition of approval, Staff suggests requiring that the facility be appropriately
signed on the perimeter fencing that warns of electrical shock.
18
B. Solar Enerqy Svstems, Accessory
As a Solar Energy System, Large, this section is not applicable to this facility.
V. SUPPLEMENTAL SUBMITTALS AND ADDITIONAL STAFF ANALYSIS
The Planning Commission included all of staff's recommended Conditions of Approval
and added an additional condition that required the applicant to supply documentation
that the Federal Aviation Administration (FAA) had authorized the solar facility's location.
This was requested because of possible solar glare concerns with the flight path of
aircraft as identified by the Planning Commission. This condition has been included as
Condition 21 in the Recommended Conditions of Approval. ln response to this condition
the applicant has submitted a Determination of No Hazard to Air Navigation from the
FAA (Exhibit 34).
Since the Planning Commission hearing, the applicant has submitted an updated site
plan (Exhibit 34). The site plan includes a setback of 50' from the existing fence 01t!9
property. The applicant has indicated that the surveyor did not find any CDOT
monuments indicating the right-of-way for Highway 6 &24. The site plan has also been
updated to address concerns indicated by Colorado River Fire Rescue (CRFR) and
reflected in the Conditions. At this time, CRFR has not indicated whether or not the
updated site plan addresses their concerns.
VI. SUGGESTED FINDINGS
1. That proper public notice was provided as required for the hearing before the
Board of County Commissioners.
2. The hearing before the Board of County Commissioners was extensive and
complete, that all 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.
VII. RECOMMENDATION
The following recommended conditions of approval are provided for the Board of County
19
1.
Commissioners consideration from the Garfield County Planning Commission.
Conditions Prior to lssuance of Land Use Ghange Permit
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
appticant 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.
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.
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
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 neither the solar panels nor the access road are being
installed in areas with hydrophytic vegetation. With this update, no solar panels
shall be located closer to the diversion ditch bisecting the affay than shown on the
current site plan. The updated site plan shall be reviewed and accepted by the
Community Development Department.
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.
2.
3.
4.
5.
6.
7.
20
Other Gonditions of Approval
8. All representations made by the Applicant in the application shall be conditions of
approval, unless specifically altered by the Board of County Commissioners.
g. 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.
14. The operator shall keep the grass trimmed to a level acceptable to Colorado River
Fire Rescue.
15. Gates shall be installed in the fence to the facility, as required by Colorado River
Fire Rescue.
16. 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.
17. 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.
18. Operation of the site shall be consistent with State of Colorado guidelines for areas
located within 0.5 miles of a Bald Eagle Roost.
19. The applicant shall use storm water best management practices as indicated on
the Grading and Drainage Plan.
20. Potable water and sanitation shall be addressed during construction by provision of
portable facilities in compliance with OSHA requirements.
21.
21. The applicant shall supply a letter from the FAA demonstrating that there is no
hazard to air navigation from the solar facility.
22
Site Visit Photos - View of the Lease Area
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23
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Existing Access
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25
EXHIBITttI -ll
PUBLIC HEARING NOTICE INFORMATION
Please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. ln addition, please initial on the blank line next to the statements if they accurately reflect the
described action.
My apptlcatlon required written/malled notlce to adjacent property owllers and mineral
ourners.
-( Mailed notice was mmpleted on the 2o* d.v ,t /Z*,, o. ? .2@-
,,/ o1owners of record within a 200 foot radius of the subject parcel were identified as
shown in the Clerk and Recorder's office at least 15 calendar days prior to sending
notice.
,r/ All owners of mineral interest in the subject property r/uere identified through records in
the Clerk and Recorder or Assessor, or through other means [list]
r Please attach proof of certified, return receipt requested mailed notice.
My apptlcation required tubllshed notice.
i' Noticewas published onthe ]2j-day ot fcl' "^' 1 .zo!!--
. Please attach proof of publication in the Rifle Citizen Ielegram.
MV application required Posti4 of Notlce'
I Noticewaspostedonthe 2ob davot F*l,v,.1-20's.
/ Notice was posted so that at least one sign faced each adjacent road right of way
generatly used by the publ'tc.
I testlfy that the above informatlon ls true and accurate-
Signature: -7i
Gurfield Coun$
Date:
Ad #: 0000198062-01
Customer: CMNM LEGAL'S/HOUSE ACCOUNT,
Your account number is: 2927005
PROOF OF PUBLICATION
RIFLE CITIZEN TELEGRAM
STATE OF COLORADO
COUNTY OF GARFIELD
I, Samantha Johnston, do solemnly swear that I am
Associate General Manager of the RIFLE CITIZEN
TELEGRAM, that the same weekly newspaper printed, in
whole or in part and published in the County of GarUeld,
State of Colorado, and has a general circulation therein;
that said newspaper has been published continuously and
unintenuptedly in said County of Garfleld for a penod of
more than flfty-two consecutive weeks next prior to the
lirst publicataon of the annexed legal notice or
advertisement; that said newspaper has been admitted to
the United States mails as a periodical under the
provisions of the Act of March 3, '1879, or any
amendments thereof, and that said newspaper is a weekly
newspaper duly qualified for publishing legal notices and
advertisements within the meaning of the laws of the State
$9flRt"88n"r"0 tegal notice or advertisement was
published in the regular and entire issue of every number
of said weekly newspaper for the period of 1 insertion; and
that the first publication of said notice was in the issue of
said newspaper daled 212212018 and that the last
publication of said notice was daled 212212018 in the issue
of said newspaper.
ln witness whereof, I have here unto set my hand this day,
2t27 t2018.
n /,{-A*.{ / /,.----:\)
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
2t27 t2018.
Jerilynn Medina, Notary Public
My Commission Expires: August 3, 2020
PUBLIC NONCE
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RE:Review of the Peregrine solar Energy System Application: MIPA-11-17'8594
Dear Patriclc:
This oflce has per.lbrmed a review of the documents provided for the Peregrine Solar Energy
Systenr Application. The submittal was founcl to be thorough and well organized' The review
generated the following comments:
1. Tlie applicant should provicle CDOT Access permitting and a list o1' conditions once
permitting is received.
Z. The crinsultants believe that a 404 permit fi'orn the USACoE for Wetland impacts will be
necessary. The drainages and usoiiuted wetlands are not all associated i'vith the washout
and therefore likely to be waters of the US. 1'he applicant may need to modif' the layout
to comply with 40a permiuing. Sirnilarly. the LUDC of Garfield County has a 35' setback
fi.om water bodies that the applicant will need to evaluate and verify compliance.
3. The Applicant shoulcl verify that r:onstruction schedule meets with the recommendations
fbr rTrinimizing impacts to Bald Eagles.
4. The glare profile provides an angle of glare al?7o. However the sun rises and sets at angles
less than 27,. TheApplicant should evaluate the impacts of glare over the course of the
day,
Feel liee to call if you have any cluestions or comments'
Sincerely,
Mountait Cross
I
i tt!
'r l'\-'-\, Ir. t'
Chris Hale" PE
January 24.2018
Mr. Patrick Waller
Garfi eld CountY Planning
108 8tl'Street, Suite 401
Glenwood Springs, CO 81601
Engirleering,..fnc,
,'iiiliI i l.'
Il--1,{v,
i'\
826 % Grarrd,r\venue, (jlenwoor:l Sl.rrings' {1() 81601
P: 970.945^ 5544 [:: !r70.94 5, 5558 www. rnountrrit tcrcss-etlg corn
EXHBfT
t\Patrick Waller
From:
Sent:
To:
Subject:
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 Investments LLC for for a Solar Energy system that
has direct access on to ud 006D. cDor lris Leceivc,J .ul access application. cDor has offcrcd Pcregrine 08 Invostments LLC an access
permit for this new use. At this time, cDor hasn't received the signed access permit for this new use. I would recommend the county to
iequire 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 I F 970.683.6290
222South6th Street, Room 100, Grand Junction, CO 81501
On Thu, Jan25,2018 at 12:13 PM, Patrick Waller <pwaller@garfield-c 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
pu al ler(4,,qarfi eld-count) .
http ://www. garfi eld-count)-. com/communi ty-development/
From: Patrick Waller
Sent: Wednesday, January 03,2018 5:55 PM
To: Kelly Cave <kcave@garfield-co ; Chris Bornholdt <cbornholdt@garcos ; Morgan
Hill <mhill@garfield-c >; Michael Prehm <mprehm@garfield-county.com>; Dan Goin
.anoi"@g >; Steve Anthony <santhony@garfield-county.com>; Coffin - CDPHE, Richard
..i.fru.a.off*@.tut"..'o.*>;'Icenogle - CDPHE, Bret'<bret.icenoele@stm;'Roussin - CDOT,
paniel' .au"i.f .iourlr@"o,....d 'scott.hoyer@state.co.us'<scott.hoyer@stat ; 'Taylor Elm - DNR'
<taylor.elm ; 'carrie.a.sheata@usace.army.mi1' <carrie.a.sheata@ >;
'*.trarir.moise@rsac..ar*y.rnil' <w.travis.morse@usace.arm)r.mil>; 'grandjunctiones@f\^'s.gov'
.gr""Oir".tt"r >; 'nlindquist@rifleco.ors'<nlindquist@riflec >; 'Janet Aluise'
<ialuise@tow >;'Chris Hale' <chris@mountaincross-enq.com>;'Orrin Moon'
.6..ffio*pC.fr.usi; 'Linda S. Hansen' <lhgnpn@5qg15.!g1>; 'tillmon.mcschooler@xcelenergy.com'
<tillmon.mcschooler@xcelenerg),.c >
Subject: Garfield County Referral Request - Peregrine Solar Energy System, Large
Good Evening,
Garfield County Community Development is requesting referral comments lor an application submitted by
peregrine 08 Investments LLC for a Solar Energy System, Large. The property is located at31l45 Highway 6
& 2i, 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
zonedRural. The File No. is MIPA-I l-17-8594.
The link to the application is available here.
Garfield County Community Development is requesting any rssponses to referral comments by Wednesday
Jantrary 24,2018.
Thanks for your review and please contact me with any questions,
Patrick Waller
Senior Planner
Garfield County
Community Development Department
108 Sth Street, Suite 401
Glenwood Springs, CO 81601
Ol0\ 945-1377 ext. 1580
pwal ler@ garfi el d-county. com
http ://www. garfi eld-county.com/community-development/
Gaffield Couln
Vegetulion Managemenl
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 ploperty by Dec. 31, 2018.
The county has a program, that the Commissioners initiated in 2007, that provides assistance to landowners wishing to
manage their tamaris[ and Russian-olive. The primary method used in this program is the "cut-stump' method. The
applicint 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 at 945-1377 ext. 4315.
Sincerely,
Steve Anthony
Garfield County Vegetation Manager
195 W. 14h Street, Bldg' D, Suite 310
Rifle, CO 81650 Phone: 970-9,t5-1377 x 4305 llobile Phone: 970-379'4456
Colorado River Fire Rescue
exriai?
Patrick Waller
108 8th Street, Suite 401
Glenwood Springs, CO 81601
R.E: CSGl LLC Solar Energy System
January 24,2018
Patrick:
This letter is to advise you that I have reviewed File Number: MIPA-11-17-
8594, CSG ILLC Solar Energy System located at31145 Hwy 6 in Silt, CO.
After the review of the document and a site visit, I have the following comments
for the project;
1. 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 array, we
will need access to the entire site which includes the north side, eastside,
and possibly the south east comer 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 affay 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
shutdown procedures and precautions with
solar affay.
Thank you for allowing me to review this referral
me with any questions or concerns. .
Thank You,
Orrin D. Moon, Division Chief/Fire Marshal
training of emergency
CRFR crews on site of the
and please feel free to contact
EXHIBIT
195 W. 14th Street
Rifle, CO 81650
(970) 625-5200
Garfield County Community Development
108 Bth 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 potential wetlands 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,
Morgan Hill
Environmental Health Specialist lll
Garfield County Public Health
2014 Blake Ave.
Glenwood Springs, CO 81601
(e70) 665-6383
i;'"
Public Heulth
Garfield County Public Health Depaftrrent - working to promote health and prevent disease
Affi COLORADO
Parks and Wildlife
Depanment of Natural Resources
Northwest Regionai. Office
71 i lndependent Aven'-ie
Gran.J -Jrinction, C0 B1505
January 2?, ZA18
Patricl< lVai'l'cr
Garfietd County Community Devetopmerit Depar"tfi"lent
108 8th St Suite 4C1
Glenwoed Springs, C0 81601
RE: Feregrine So[ar EnergY SYstem
Dear Patrick:
eolorado Parks and Witdtife i:as reviewed the materiats prc,rvicied f*n the proposed soiar
energy project in Garfiei.d County" The fct!,o\.rlng cnmments summanize the anticipated
witritiie imrpacts resutting fi'on"r this projrct, and ai.lo provide jcleas to rnitigate possible
inrpacts to wi{dtife sPecies.
The proposed project is located within A\ute Deer anej Etk winter range and within a higirway
crossing rone iog"
-both
species" During nrore severe winters, it is con-rrmon to see deer and elk
utitizin! the area. The proposed prolect site is aiso within overatl range for htack bear. Batd
eagies Ise the site for overail range and for foraging. ,Additionatly, the project area js
fre-quented by r-aptors, irrci,;ding hawks, eagi.es arrd owts. Raptnns tor-age for sr-natt rnamrtrals
in the grazed PastL!re at the sf te"
CpW recornnnends marking the top stnanCs of fence'r,iire witlr ftagg'ing or other hignl.y r,'isible
mater.ia[ to discourage deer ar"rd etk fnonr junrping i-he fence. .additionat[y, CPW recomrrends
that raptor perch deierrents be instati.eci on any above grcunc! lviring that coutd potentialty
cause etectrocution nrortatity to birds. ,t appears as though a detailed weed management
and re-vegetation ptan is inctuded in tl"le ptanning,iocurnents" Given the:'elativeiy smail
scate of the project arrd its proxinrity tc existing,:jisiurbance along l-1ighwa5r 6, the project
should ul,timateiy have minimal impacts q:n tocaL i'riidf"'ife'
Thank you for the oppcutunity to comrnernt on this piroiect. lf t.here are any questions or needs
for additional information, ptease contact me"
Sincere[y,
#b
Brian Gray, District Wiidtife &lanager, Rifle
cc: Kirk 0idharn
Lyn l-'{uber
Tay[or Itm
Bob D" Broscheid, Djrector, Coi.orado Parks and Wildijfe " Parks anrj Wjrdlife Ccmmission: Rooert\r!. Bray * Marie llaskett ' Carrie Besnette Hauser
.john Howard, Chair o Marvin McDanjei " Dale p;zel, Jim Spehar n James \/igii, Secrelary. Dean Wjngfjeld * MichelLe Zimmei-man, Vice-Chair ' Aiex Zipp
Patrick Waller
From:
Sent:
To:
Subject:
January 12,2018
Kuster - CDPHE, Kent <kent.kuster@state.co.us>
Friday, January 12,20187:43 AM
Patrick Waller
MrPA-11-17-8594
Patrick Watter, Senior Planner
Garfietd County Community Devetopment Department
108 8th Street, Suite 401
Gtenwood Springs, CO 81601
Re: Fite 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 referra[.
Please contact Kent Kuster at 303-692-3662 with any questions.
Sincerety,
Kent Kuster
EnvironmentaI Speciatist
Cotorado Department of Public Heatth and Environment
EXHIBIT
tr_ t(_
Kent Kuster
Environmental Protection Specialist
Colorado Department of Public Health and Environmcnt
4300 Cherry Creek Drive South
Denver, CO 80246-1 530
303-692-3 662 | kent.kuster@state.co.us
EXHIBIT
I?Patrick Waller
From:
Sent:
IO:
Subject:
Attachments:
Wakefield, Samantha L < Samantha.l.wakefield@xcelenergy.com >
Thursday, January 18, 2018 10:07 AM
Patrick Waller
FW: Garfield County Referral Reclttest - Peregrirre Solar Errergy Systenr, Large
Referral Request.pdf
Pa tr ick,
After Review Xcel Energy has no objection. Gompletion of this City/County review approval process does not
constitute an applicatio]r- with Xcel Energy for utility instatlation. Applicant will need to contact Xcel Energy's
Builder,s Calt LinelEngineering Departmenito request i formal design for the project. A full set of plans, contractor,
and legat owner infoimation is required prior io starting any part of the construction. Failure to provide required
informition prior to construction start will result in delays providing utility services to your project. Acceptable meter and/or
equipment locations will be determined by Xcel Energy as a part of the design process. Additional easements may be
required depending on final utility design and layout. Engineering and Construction lead times will vary depending on
workloads and material availability. lns-tallation, relocation, upgrade of existing facitities 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 fmailto:pwaller@garfield-counW.com]
Sent: Wednesday, January 03, 2018 5:55 PM
To: Kelly Cave; Ciiris Bornholdq Morgan Hill; Michael Prehm; Dan Goin; Steve Anthony; Coffin - CDPHE, Richard;
Icenogle - CDPHE, Bret; Roussin - CDOT, Daniel; scott.hoyer@state.co.us; Taylor Elm - DNR;
carrie.a.sheata@usace.armv.mil; w.travis.morse@usace.army.mil; grandjunctiones@fws.gov; nlindouist@rifleco.org;
Janet Aluise; Chris Hale; Orrin Moon; Linda S. Hansen; McSchooler, Tillmon B
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 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-1L-17-8594'
The link to the application is available here.
Garfield County Community Development is requesting any responses to referralcomments 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 401
Glenwood Springs, CO 81501
(970) 945-1377 ext. 1580
pwa I le r(@ga rfie ld-countv.co m
http://www.garfie ld-countv.com/com m unitv-development/
From:
Sent:
IO:
Cc:
Subject:
Patrick Waller
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
Pa Lr ick,
The peregrine 08 tnvestments solar energy facility File # MIPA-1!-17-8594 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 333A, Rifle CO 81650
970-62s-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.
H a nse n < I ha nse n @ so pris. net>; ti I I mo n. m cschoo le r@xce le ne rgy.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
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,
201,8.
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 ller@ga rfield-countv.com
htt p : //www. ga rf ie I d -co u ntv. co m/co m m u n itv-d eve I o p m e nt /
Grand River Ditch C-ompan)l
January 23,201,8
GARFIEI,D COUNTY COMMUNITY DEVETOPMENT DEPARTMENT
Attn: Patrick waller
lo8 8* street
Glenwood Springs, CO 81601
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 revlew of the proposed project, the only item that is of concern to the ditch company is the
proposal to 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
ensuringthat alternativevegetation is established priorto elimination of the trees in orderto prevent
de-stabilization of the hillside on which the ditch runs.
Respectfully submitted,,
d*-t//t/ ,"(
LeeRoy Chelewski
President, Board of Directors
c/o Linda S. Hansen, Secretary
3290 County Road 210
Rifle, CO 81650
1130t2018 Ziegler - standard 'l MW Site Config I Forgesolar
"f**%irlIIl,'li[I"tg€:::t '' -''
Site Configuration: Ziegler - standard 1 MW
Wley's tirst 1 MW layout
GlareGauge GIare Analysis ResultS
Created Aug. 21,20'17 1:23 P.m.
Updated Jan.30,2018 12:15 P'm.
oNl varies and peaks at 1,000.0 Wm^2
Analyze every 1 minute(s)
0.5 ocular transmission coefficient
0.002 m PuPil diameter
0.0'17 m eye focal length
9.3 mrad sun subtended angle
Site Configuration lD: 9890.1701
EXHIBIT
LO
deg deg
\Mley l MW SA tracking SA tracking
Component Data
PV Array(s)
Name: Wley I MW
Axis tracking: Singl*axis rotatim
Tracking axis orientation: 0.0 deg
Tracking axis tilt: 0.0 deg
Tracking axis panel offset: 0.0 deg
iraximum tracking angle: 60.0 deg
Resting angle: 60.0 deg
Rated porer: -
Panel material: Smooth glass without AR coating
Vary reflectivity with sun position? Yes
Corelate slope €rror with surface type? Yes
Slope eror 6.55 mrad
Flight Path Receptor(s)
Summary of Results
PV name Tilt
No glare predicted!
Orientation "Green" Glare
min
0
Longitude
deg deg
39.il9272 -107.693074
39.549280 -107.690724
39.548941 -107.689791
39.548568 -107.689791
39.548585 -107.693042
"Yellou/'Glare
min
0
Energy Produced
kwh
Height above Total
ground elevation
1
2
3
4
5
Ground
elevation
ft
541 1.90
5414.24
541 3.08
5408.80
5408.16
ft
54'19.90
u26.24
5421.O8
541 6.80
541 6.1 6
ft
8.00
8.00
8.00
8.00
8.00
https://wwwforgesolar.comiprojects/1 701 /confi gs/9890/
1t3012018 Ziegler- standard 1 MW Site Config I ForgeSolar
Name: Eastbound approach (from west)
Dcaciiplim:
Thr6hold haight 50 ft
Dircction: 88.5 deg
Glide ilope; 3.0 deg
Pilot viil r6tticted? Yes
Vortical vicw rc6trictlon: 30.0 deg
Azimuthal vilw r*tricfion: 120.0 deg
Nm: \ bstbound aPproach (from east)
Descriptim:
ThrGhold height: 50 ft
Direction: 269.'1 deg
Glid€ CoP6: 3.0 deg
Pilot vicw re3trictcd? Yes
Vcrlical vicw rcatrictis: 30.0 deg
Azimuthal view rrstriction: 120.0 deg
Discrete Obseruation RecePtors
Point Latitude Longitudc
deo deg
Threshold 39.526355 -107.74UO7
2{ile 39.525654 -1O7.777924
poirtt
Ground
elovation
ft
5465.31
5305.02
Hcight abovc Total
grund clcvation
frft
50.00 5515 3l
763.75 6068.77
Hcight abov6 Total
grund elcvation
frft
50.00 55A2.22
475.70 6135.67
Point
Threshold
2+ile
point
Ground
elovation
ft
5532.2'l
5659.97
Lalitude Longitudc
dGg
39.526875 -107.71560/
39.527320 -107.678081
deg
Number
oPl
oP2
oP3
oP4
oPs
oP6
oP7
oP8
oP9
oP 10
oP 11
oP 12
oP 13
oP 14
Latitude
dog
39.549677
39.U9225
39.550929
39.550664
39.550962
39.550896
39.548033
39.UA207
39.548331
39.548406
39.548389
39.548282
39.548'182
39_548124
Longitude
deg
-1 07.689061
-1 07.687366
-1 07.689726
-107.691057
-1 07.693632
n 07.695863
-1 07.68591 8
-1 07.688235
-'t 07.689780
-107.691'164
-1 07.692580
-107.694147
-1 07.696035
-1 07.697365
Ground elevation
ft
5490.78
il87.57
5484.05
54ffi.21
5487.33
547A.47
5419.79
u1\.67
5411.74
541 1.98
5411.69
5412.22
5419.04
5422.11
Height above ground
ft
b.UU
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
Total Elcvalion
ft
5496.78
5493.57
5490.05
5502.21
5493.33
54U.48
u24.79
5415.67
5416.74
5416.98
5416.69
5/17.22
5424.U
u27.1'l
https :/Aarww.forgesol ar. com/projects/1 70 1 /confi gs/9890/214
1t30t2018
PV Array Results
Wiley'l MW
Cornponent
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)
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Yellowglare (min)
0
U
0
0
0
0
0
0
0
0
0
0
0
0
0
0
https :/A,vww.forgesolar. com/projects/1 701 /confi gs/9890i 3t4
1t3U2018 Ziegler - standard 1 MW Site Conlig I ForgeSolar
Assumptions
. Tlmrs a3sociated with glare are denoted in Standard timc. For Drylight S!ving!, rdd onc hour.
. Glare analyses do not account for physical obstruclions between rcllectors and rrccptoB. This includes buildings, trec cover and
geographic obstluqtions.
. Thc glrre hasard dotorminotion rolios on ervrral .pproximalignr including ob:crver rya char.c'teritfi*, angla nf viaw, and typiral hlink
response time. Actual values may dilfor.
. Hazard zone boundaries shown in the Glare Hazard plot are an aPproxmaton and visual ald, Adual oCulaf lmpact 6utc0mcs cncompass I
continuous, not discrete, gpcctrum'
https ://wualv.forgeBol ar. com/projec{s/1 70 1 /confi 9s/9890/4t4
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herght
P.O. Box 6O
381 mlnter flven.rs
DeBcqoe. CO 81630
Ph: 97O.183.5471
fqx: 97O.283.52O5
www.debcqoc.olg
EXHIBIT
I.ot
January 30, 20L8
Mr. Patrick Waller
Garfield County Community Development
LO8 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 l<nown 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 2077, 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 Microgrld 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 suppotl into the hearing
record.
Please contact me if you should need any additional information.
/*rW
Lance Stewart
Town Administrator
00u0@Y,ANDERNENU
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
Environnrent and Ecology, Inc. Projcct Numbcr 750-004-03.
Dear Mr. Waller:
Jonathan Fitzpatrick, Project Development Manager with Microgrid Energy, has asked
Western Environment and Ecology, lnc. (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 vegetation. 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 l7'h, 20 17 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 l7'h, 2017 statingthat the
Clean Energy project was "not regulated because 1) the spacing and construction 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 December 5'h,2017, 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 safuration 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 inr,rndation or saturation. Common diagnostic
features oIWetlands are hvdric soils and hvdrophvtic vegetation.
22&7 WEST po;VII"ERS arrE\rilriE . r.:[TTX.EI',O,S[, Cio,&,o,EtAD,o, 8O{2O
PEorNi',E (3o3)73O-3 4s2 * EA-:K (aOa)ZraO-g+ea
\ r.rMvv.r rEsTEnNE\liwrRoNl!fi'ENIT.@o,llf
7Z
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 theZiegler Project's potential impact to Waters of the US is
based upon a confirmed nexus, it does not identiff hydrophytic vegetation within the irrigation
ditch failure sheet wash zone. Without this physrcal characteristic it is our judgment that the
Countyrs diagnostic feature requirement of the presence of wetland vegetation 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:
Doehling - CDOT, Leslie <leslie.doehling@state.co.us>
Wednesday, January 31, 2018 B:49 AM
Patrick Waller
Daniel Roussin
Re: ROW plans
Hi Pat,
Looking at the plans I sent you (see sheet 2 of part 1), survey monuments were set. I would only rely on the
fences if there is not any better evidence.
Leslie Doehting, PLS
Survey/Ptans Coordi nator
R3-ROW
P 970.683 .6234 | C 970.216.1s61 | F 970.683.6249
2225.6th St., Room 317 Grand Junction, CO 81501
Lestie.Doehtinq@state.co.us I www.codot.qov I www.cotrip.orq
lJnder Cotorado,s Open Records Act (CORA), atl e-mails sent by or to me on this state'owned e'mail account may
be subject to public disc/osure'
The maps and data available for access from the colorado Depaftment of Transportation (CDOT) are provided "as ts" without express or implied wananty of any
kind. cDoT disctaims any and alt responsibitity for the accuracy, timeliness or completeness of the maps and data' The burden for determining accuracy/
completenesg timetinest merchantibility and fitness for or tii appropriateness for use rests solely on the user accessing this information. For the definitive
description of real property, consult the deeds recorded in the appropriate County Clefk and ReCOfder'S OffiCe'
On Wed, Jan 31, 2018 at8:26 AM, Patrick Waller <Lwaller@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
b
E
Garfield County
Comm unity Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-1377 ext. 1580
pwaller@garfield-countv.com
http://www.garfield-countv.com/comm unitv-development/
From: Doehling - CDOT, Leslie Imailto:leslie.doehling@state.co.us]
Sent: Wednesday, January 31, 2018 8:19 AM
To: Patrick Waller <pwaller@garfield-countv.com>
Cc: Roussin - CDOT, Daniel <daniel. roussin@state.co.us>
Subject: Re: ROW plans
Hi Pat,
I did not find deeds for this project in our files.
t931.
It could be the ROW was acquired by the County around
Leslie Doehling, PLS
Survey/P lans Coordi nator
R3-ROW
P 970.683.6234 | C 970.216.1561 | F 970.683.6249
317 Grand Junction, CO 815017225.6th St., Room
Lestie.Doehtinq@state.co.us I www.codot.qov I www.cotrip.orq
Under Colorado's Open Records Act (CORA), atl e-mails sent by or to me on this state-owned e'mail account
may be subject to public disclosure.
The maps and ddta available for access from the Colorado Deparbnent of Transportation (CDOT) are providd 'bs is" without expres or implied wananty of any
kind. CinT discldims any and ail responsibility for the accuracy, timeliness or completeness of the maps and data. The buden for determining accuracyl
completeness, timeliness, merchanibility and fitness for or tlte appropriateness for use resB *lely on the u*r acessing this information. for the definitive
desciption of real property, consult the deds recordd in the appropriate Count)/ Clefk and ReCOrdef's OffiCe.
On Mon, Jan29,2018 at 5:28 PM, Patrick Waller <pwallel@g41field-county.com> 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 &24on 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 81601
(970) 945-1377 ext. 1580
pwa ller@ga rfield-cou ntv.com
http://www.ga rfield-countv.com/comm unitv-development/
From: Doehling - CDOI Leslie [mailto:leslie.doehlins@state.co.us]
Sent: Monday, January 29,2OL82:77 PM
To: Patrick Waller <pwa ller@garfield-county.com>
Subject: ROW plans
Hi Pat,
Hcrc arc thc ROW maps you requested. Let
Leslie Doehling, PLS
Survey/Plans Coordi nator
R3-ROW
me know if you need anything else.
P 970.683.6234 | C 970.216.1561 I F 970.683.6249
2275.6th St., Room 317 Grand Junction, CO 81501
Lestie.Doehtinq@state.co.us I www.codot.qov I www.cotrip.orq
tJnder 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 availabte for access from the Colorado Department of Transportation (CDOT) are provided 'bs is" without express or implied warranty of
any kind. CNT disclaims any and all reqonsibility for the accuracy, timeliness or completeness of the maps and data. The burden for determining accuracyl
completeness, timetiness, merchantabitity and fitnss for or the appropiateness for use rests solely on the user accessing this information. For the definitive
description of reat propefi, consult the deds recorded in the appropriate Countlt Clerk and ReCOrder'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)
Thursday, February 01,2018 10:14 AM
Patrick Waller
Brendan Calonge
RE: Garfield County Referral Request - Peregrine Solar Ener
<w.travis.morse@usace.army.mil >
EXHIBITlaq
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
notreferto,noraffectjurisdictionoveranywaterspresentonsite. OtherFederal,State,andlocal lawsmayapplyto
your activities and any modification of the activities disclosed may trigger the Corps' regulatory authority (e.9.,
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 rld efe nse. proofpoi nt.com/v2/u rl ?u= http-
3A_www.spk.usace.army.mil_Missions_Regulatory.aspx&d=DwlFAg&c=euGZstcaTDllvimEN8bTjXrwqOf-
v5A_CdpgnVfiiMM&r=si3Tlv83JEZRDBcSyQj59Kae2VWX3q6itFMxnTq-btw&m=8MjA0FiFyem BXyqSQCQCGUpKUSPt-
mnpUno_xkbVZmg&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/v2/utl?u=httP-
3A corpsma pu. usace.a rmy. mil-cm-5 Fa pex-f-3 Fp-3 Dregulatory-
5 Fsurvey&d=Dwl FAg&c=euGZstcaTDl lvim E N8bTjXrwqOf-
v5A_CdpgnVfiiM M&r=si3Tlv83JEZRDBcSyQj59Kae2VWX3q6itFMxnTq-btw&m=8MjA0FiFyem BXyq8QCQCGUpKUSPt-
m n P U no_x kbVZm 8&s= E_TtAb P rO rc84 Ld P D P h 5- U xrTYO 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-LL99 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. lwill respond as soon as I am able.
-----Origina I Message-----
From: Patrick Waller Ima ilto:pwal ler@ga rfield-cou nty'com]
Sent: Thursday, January 25,2078 12:13 PM
To: Morse, w Travis clv uSARMy cESpK (US) <https://urldefense.proofpoint.comlvzlurl?u=http-3A-w.travis.morse-
40usace.a rmy.m il&d=Dwl FAg&c=euGZstcaTDllvim EN8bTjXrwqOf-
vsA_cdpgnVfiiM M&r=si3Tlv83J EZRDBcsyej5gKae2VWX3q6itFMxnTq-btw&m=8MjAOFiFyemBXyq8QCQCGUpKUsPt-
mnpUno_xkbVZmg&s=XKNKLL_fcddcUAXVSnplviVLBtKloT-PFMTRg-TUt60&e=>; carrie.a.sheata@usace.army.mil
subject: tExrrnruall 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'
Tlrarrks ver'y trtuclt,
Patrick Waller
Senior Planner
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-1377 ext. 1580
pwaller@garfield-county.com <mailto :pwa ller@ga rfield-county.com>
Blockedhttp://www.garfield-county.com/community-development/ <Blockedhttp://www.garfield-
co u nty.com/com m u n ity-develo p me nt/>
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@ga rfield-cou nty.com>; Coffin - CDPH E, Richa rd
<https://urldefense.proofpoint.com lv2lurl?u--http-3A-richard.coffin-
40state.co. us&d= Dwl FAg&c=euGZstcaTDl lvim E N8bTjXrwqOf-
v5A_cdpgnvfiiM M&r=si3Tlv83JEZRDBcsyej59Kae2VWX3q6itFMxnTq-btw&m=8MjAoFiFyemBXyq8QCQCGUpKUsPt-
mnpUno_xkbVZmg&s=s-0TrghQVSOo2gWgpS2vnbcciZF_5F EMTDZTigHtX3M&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 ENSbTjXrwqOf-
vsR cdpgnVfiiMM&r=si3TlvS3JEZRDBcsyej59Kae2VWX3q6itFMxnTq-btw&m=8MjA0FiFyemBXyq8QCQCGUpKUsPt-
mnpUno_xkbVZmg&s=XnZCLzKJzi0RpsTHTmjSTBTzneNr_PDHJJKYZsbll88&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-
40usa ce.a rmy.m il&d= Dwl FAg&c=e uGZstcaTDl lvi m E N8bTjXrwqof-
v5A_cdpgnVfiiMM&r=si3Ttv83JEZRDBcsyej5gKae2VWX3q6itFMxnTq-btw&m=8MjA0FiFyem BXyq8QCQCGUpKUSPt-
mnpuno_xkbvZmg&s=FrBbxDmJbcukujJEdfmfH8sz3sHfUfJCb2s3QRU4yjw&e=>; 'w.travis.morse@usace.army.mil'
<https://urldefense. proofpoint.com /v2l url? u=http-3A-w.travis.morse-
40usace.a rmy.mil&d=Dwl FAg&c=euGZstcaTDllvim E N8bTjXrwqof-
v5A_cdpgnVfiiM M&r=si3Tlv83J EZRDBcsyej5gKae2VWX3q6itFMxnTq-btw&m=SMjA0FiFyemBXyq8QCQCGUpKUsPt-
mnpuno_xkbvZmg&s=XKNKLL_fcddcUAXVSnplviVLBtKloT-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_Orrin. Moo n-40crfr. us&d= Dwl FAg&c=e uGZstcaTDl lvi m E N 8 bTjXrwqOf-
vsR_capgnVfiiMM&r=si3TlvS3JEZRDBcSyej5gKae2VWX3q6itFMxnTq-btw&m=8MjA0FiFyemBXyqSQCQCGUpKUsPt-
mnpUno_xkbVZmg&s=Law3lvHSV3gUnSwNlqBVgxn6GSyMn6D-b6XwuoTd95U&e=>; 'Linda S. Hansen'
<lhansen@sopris.net>;'tillmon.mcschooler@xcelenergy.com'<https://urldefense.proofpoint.com/v2/url?u=http-
3A_tillmon.mcschooler-40xcelenergy.com&d=DwlFAg&c=euGZstcaTDllvimEN8bTjXrwqOf-
v5A_cdpgnVfiiM M&r=si3Tlv83JEZRDBcsyej5gKae2VWX3q6itFMxnTq-btw&m=8MjAOFiFyemBXyqSQCQCGUpKUsPt-
m n P U no_xkbVZm8&s= n 1xl2 i UxTJYpjTa U 1wpOe2 l8T-nOT8 Ufj pOz3JG BZxc&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 j- 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 ltighway 6 & 24. The parcel is zoned Rural. Thc Filc No. is MIPA-11-17-8594.
The link to the application is available here <Blockedhttps://records.garfield-
county.com/WebLink/Browse.aspx?sta rtid=365112 1&cr=1>'
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
Comm unity Development Depa rtment
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 94s-1377 ext. 1580
pwaller@garfield-county.com <ma ilto:pwaller@garfield-county'com>
Blocked http :/ /www.garfield-county.com/comm u nity-development/
Patrick Waller
From:
Sent:
To:
Subject:
Attachments:
Jonathan Fitzpatrick <jfitzpatrick@microgridenergy'com>
Friday, January 12,2018 1 1:00 AM
Patrick Waller
Ziegler - solar notices
Ziegler mineral notices.Pdf
Patrigk,
Good morning. per our conversation yesterday, I visitcd thc 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
lll1llg. 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 Mcliee Family Trust (same address, same Trustee; Garfield County reception # 862492
dated 5/ll/15).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
gCfiA?i{Ald FITZPATRICK I Project Development Manager
ifitzpatrick@microgridenergy.com
M 303.506.7792 | Linkedln
Microgrid Energy I Energy Performlnce 1]cceiernied
microgridenergy.com
TowN On CannONDALE,
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February 5, 2018
To Whom lt 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.
EXHIBITlu-
JfilHarrington
Patrick Waller
From:
Sent:
To:
Subject:
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 r,rre cut the tree down to a stump and treat the stump, so the roots
and root ball are 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 2,2078 3:07 PM
To: Steve Anthony <sa nthony@ga rfield-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
l-08 8th Street, Suite 401
Glenwood Springs, CO 81601
(97 O) 94s-L377 ext. 1580
pwa ller@ga rfield-cou ntv.com
Microgrid Energy
February 5, 2018
Garfield County Community Development
c/o Patrick Waller
108 8th st, #401
Glenwood Springs, CO 81601
Reference: Major Impact Review for Solar Energy System, Large - 3t1-+5 Highway 6 &
24 Silt - Garfield County File Number MIPA - tL-17 -8594 - Applicant response to
referral comments
Mr. Waller,
please find responses below to referral comments for the above-referenced Major
Impact Review.
. 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
$ze
--__
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 (GCVM)
o Applicant does not believe request from GCVM to expand Weed Management
plan is appropriate for the level 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. 7th street, P.o. Box 70, silt, colorado 81652 (970) 576'2353 Office (970) 876-2937 Fax
EXHIBIT
February 1,2018
Garfield County Community Development
Attn: Mr. Patrick Waller, Senior Planner
108 Sth Street, Suite 401
Glenwood Springs, CO 81601
Re: Referral for Peregrine '08 Investments/MicroGrid solar Array
Dear Patrick:
on February 6,2078, the Town of Silt reviewed the proposed Peregrine '08
InvestmentsiMicroCiid Large Solar Array at its regularly scheduled Planning &Zonng
Commission Meeting.
Following a lengthy presentation by both the Town staff and by John Fitzpatrick, the
Town is pleased to endorse the project and recommend that Garfield county approve the
peregrine '08 Investments/MicroGiid Large Solar Array,.according to the Garfield
Couity Land Use Resolution. The Town telieves that this type of energy production can
only benefit the region, and in fact, the Town will be purchasing power from the
applicant.
Thanks for your considcration.
Sincerely,
Z,MDil
Meredith Robinson, Planning &. zonng commission chairwo man
CC: Janet Aluise, Community Development Director; file
Town ofNew Cnstle
450 W. Main Street
PO Box 90
New Castle,CO SlUl
Admiuistration
Phone: (970) 984-231 I
Fa* (970\ 984-2716
tsYall-{Iq Wla$.!.e!-A.l-a'[adg.. {]r€
February 7,2018 1d
Re: Review of File No. MIPA-I1-17-8594 (Peregrine 08 lnvestments LLC, Solar Energy Systern,
Luge),also known at the I MW comrnunity 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,
--)frw*fu"/-*,
Thomas Baker
Town Administrator
cc Mayor and Town Council
EXHIBIT!3\
Roger and Janice Day
256 Fox Run Road
Rifle CO 81550
970-379-6723
b.1i:,epk.@iof. nei
218/2018
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 bythe 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 specificatly, 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 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
Patrick Waller
From:
Sent:
To:
Subject:
Dale and Julie Nesbit
0524 Fox Run
Rifle, CO 81650
970-379-014t
jnes55@yahoo.com
Julie Nesbit <jnes55@yahoo.com>
Monday, Febt uary 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 lancl 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 agriculturat settlngs andMesa view to the Colorado River. 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.
Th" .rrr"rt 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:
Subject:
Jonathan Fitzpatrick <jfitzpatrick@microgridenergy.com>
Monday, February 12,2418 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% - 40Yo of our sites, so there will still be a
significant zunoutrt 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 iu 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
corunon, but has never developed into the real concem 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
Community Development Department
ls>
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-1377 ext. 1580
pwa I ler@ga rfield-county.com
htt p : //www. ga rf ie I d -co u n tv. co m /co m m u n itv-d eve I o p m e n t/
From: Julie Nesbit [mailto:ines55@vahoo.com]
Sent: Monday, February L2,2OL811:23 AM
To: Patrick Waller <pwa I ler@ga rfield-countv.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
Garfreld 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 MA,IOR Impact Review, Land Use Change Permit, as seriously as we the land owners are.
Please do not ruin'our'pieces of paradise!
Thank yorl
DaIe and Julie Nesbit
io*orno* FITZPATRICK I Project Development Manager
ifitzpatrick@microEridenerg,v.com
M 303.506.7792 [ Linkedln
Microgrid Energy I Energy Perforrnance Accelerated
microgridenergy.com
LAND USE CHANGE PERMIT
ZIEGLER SOLAR GARDEN
MICROGRID ENERGY
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Township 6 South, Range 92 West, of the 6th P.M., lying Northerly ot the preseni U.S. Highway
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ACCESS PEHMIT
State Highway No I It[ / Side
006D/96.997/Left
/ Section / Palrol i Name , Local Jurisdiction
12/?J.12017 3 I 021 2K10 Mike Bosshardt
Peregrine 08 lnvestments, LLC
PO Box 2810
Glenwood Springs, Colorado 81601
is hereby granted parmission to have an access to the 6tate highway at ths localion noted belo$r. The acce$ shall be constructed, maintained and used in
iccodairc-e wiln tiis permit, including the State Highway Access Code and any altachments, terms, cglditions.and et'ribits. This permit may be.revoked
oiif'" f..iring Authdty if ai any tirre-the permittei'acc6ss and its use violate any pans oJ this permit. The issuing authority, the Departnent and their duly
airpolrt"O ag-ents anO lmpOyeis shall be held hamless against any aciion lor pLrsonal iniury or ptoperty damage sustained by teason ol the exercise ot
The Permittee(s):The Applicant(s):
'137S" east of Garlield County Road 227 (Miller Lane). The address is known as 31 1,t5 6 &24 Highway, Silt, CO.
to Provide Service to: (Land use code)(Land UseCode) (Size) (Uoils)
170 - Utililies Solar ArraY 2 DHv
210 - Sinqle-Familv Detached Housinq 1 DHv
fotalTratfic: 3 DHV
lnformation:
The access permit shall allow temporary construction traffic for the construction of the solar array no more than a year from
the date ol the issuance o{ the Notice to Proceed" The maximum temporary tratfic shall be 15 DHV. Once solar array is
constructed then the traffic at the access shall revert to 3 DHV.
MUNICIPALITY OB COUNTY APPROVAL
Required only when the appropriate local authority retains issuing authority.
Signalure Print Name Date Title
Upon the signing of this permit the permil
herein. All construction shall be complete
lnitiation. The permitted access shall be t
being used.
The permlttee shall notlfy Adonna Mcl
384-3396 at least il8 hours prior to con
The person signing as the permiltge must be the ot
accept the permit and its terms and oondltions.
tee agrees to the terms
d in an expeditious anc
;ompleted in accordanc
)ade Ward 2K3 with tl
lmencing constructlo
vner or legal representative c
I and conditions and referenced attachments contained
sale manner and shall be finished within 45 days from
e with the lerms and conditions of the permit prior to
re Colorado Department ol Transportatlon, at (970)
n wlthin lhe State Hlghway right-of-way.
f the property served by lhe permitted access and have full authority to
I UaIersr.L?E- I"""1/,.[*
PergritlceSlgro4lu re:W oll"-tP?.2
Co-Permlttee Slgn8turE: (it apdicable)Print Name Date I
This permit is not valid until signed by a duly authorized representative ol the Department.
COLORADO DEPARTMENT OF TRANSPORTATION
";ff{)/K,c-=.Print Name nr /k^* ( Kt, , o,''fri,*;4 ff|u,.,**.,,
Date (ol issue)
J* s- rE
CoDv Dl3uibutlon: Beouired:Mako copies as nocessary lor: L/ It6vlous edltlonS irE obsol€le and mry nol bc used
l.BBgion
2.Applicanl
3.Steff Acce66 Seclion Local Authority
4.Central Files MTCE Patrot
lnspector
Trafric Engineer
PagE 1 of 3 COOT Fotm ,101 5D7
Mail Processing Center
Federal Aviation Adm inistration
Southwest Regional Offi ce
Obstruction Evaluation GrouP
10101 Hillwood ParkwaY
Fort Worth,TX 76177
Issued Date: 09 12212017
Structure:
Location:
Latitude:
Longitude:
Heights:
Aeronautical StudY No.
2017-ANM -3517 -OE
EXHIBIT
fizc
Jon Fitzpatrick
Microgrid Energy
1644 Platte St
4th Floor
Denver, CO 80202
**DETERMINATIONoFNoHAZARDToAIRNAVIGATION**
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U'S'C',
Section 447lgand if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Utility Pole Solar Vertex I
Silt, CO
39-32-57.38N NAD 83
107-41-35.07W
5412 feet site elevation (SE)
8 feet above ground level (AGL)
5420 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a
hazardto air navigation provided the following condition(s), if any, is(are) met:
It is required that FAA Form 7460-z,Notice of Actual Construction or Alteration, be e-filed any time the
project is abandoned or:
At least 10 days priorto start of construction (7460-2, Part l)
X Within 5 days after the construction reaches its greatest height (7460-2,Part 2)
Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/
lighting are accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisory
circular 7017460-l L Change 1.
This determination expires on 08/01/2018 unless:
(a) the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual
Construction or Alteration, is received by this office'
(b) extended, revised, or terminated by the issuing office'
(c) the construction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a construction permit has been filed, as required by the FCC, within
6 months of the date of this determination. In such case, the determination expires on the date
prescribed by the FCC for completion of construction, or the date the FCC denies the application.
Page I of3
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PzuOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is based, in part, on the foregoing description which includes specific coordinates, heights,
frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power, except
thoie frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best
practices, effective 2l Nov 2007, will void this determination. Any future construction or alteration, including
increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA.This
determination includes all previously filed frequencies and power for this structure.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of the structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or
regulation of any Federal, State, or local government body.
If we can be of further assistance, please contact our office at (816) 329-2524, or brian.a'barnes@faa.gov.
On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2017'
ANM-3517-OE.
Signature Control No: 342641 504-344493489
Brian Barnes
Specialist
Attachment(s)
Map(s)
(DNE)
Page 2 of 3
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Sectional Map for ASN 2017-ANM-3517-OE
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Page 3 of3
Patrick Waller
From:
Sent:
To:
Cc:
Subject:
Orrin Moon < Orrin.Moon@Crfr.us>
Friday, March 23, 2018 1 1:58 AM
Patrick Waller
Jonathan Fitzpatrick
FW: Peregrine '08 investments solar project
Patrick,
Sorry for the delay on the e-mail, I have been in class for the last two days. As far as the requirements for Peregrine
Solar project I have reviewed the changes to the drawings and received an e-mailfrom Jonathan showing that my
comments have been followed in the plans. I except the corrections as taken with no further issues with the building of
the solar farm. Please take this e-mail as acceptance from CRFR.
THANK YOU,
ORRIN D. MOON
PRIVENTION DIVISION Cfl IEFIFIRI MARSIIA L
COLOR.EDO RIVER FIRE RESCUE
970-625-1243
orrin.moon(acrfr.us
ffi'r'
From: Jonathan Fitzpatrick Imailto:jfitzpatrick@microgridenergy.com]
Sent: Tuesday, March 20,2018 10:43 AM
To: Orrin Moon
EXHIBIT
3+
Cc: Patrick Waller
Subject: Re: Peregrine'08 investments solar project
Orrin,
Thanks for your time on the phone this moming. Per our conversation, the site plan I sent to you last week
incorporatei the revision requests CR-FR made as part of your referral comments, and CRFR now approves of
the siie plan as shown. Addiiionally, I'm committing to provide on-site training for CRFR once the facility is
constructed later this year.
Thank you,
Jon
onWed,Mar14,2018at11:51AM,JonathanFitzpatrick>wrote:
Orrin,
Good morning. I have revised our solar plan set to address your comments during the referral period. Please see
the attached plan set that includes several updates:
. Man gates are included at the comers of the enclosed area
. The vehicle access gate is shown in the southwest comer of the site
. There is ample space to access the entire array perimeter as we have shown a 50' setback from the
existing 3-sirand fence north of the highway, leaving a large open array immediately south of the array
. Knoxboxes are indicated on the vehicle access gate, and combo locks are indicated on the man gates
. The entire road into the site is shown with class 6 roadbase to a depth of 6", and the turnaround in the
fenced area has been expanded
If these changes are sufficient for your sign off,, please respond to myself and Patrick Waller with your
approval.
Thank you,
Jon
On Tue, Feb 13, 2018 at 12:19 PM, Jonathan Fitzpatrick <jfitzpatrick@micro > wrote:
Orrin,
Thanks for your time on the phone yesterday discussing the Peregrine 08 Investments solar project. I'm
following up, copying Patrick Waller at Garfield County, to confirm that we will provide the requested all
weather i..i5 drive into the site using CRFR-approved materials at a width of 12'. We will also work with
CRFR to specifu the dimensions of the turn-around at the solar array site, and also to ID locations for access at
other points along the perimeter of the solar array. CRI'R has agreed to amend their original comment issued
during the CUP r"f.out to reflect a vegetation height of 12", replacing the original note that mentioned 6" - 8".
If you have any questions, or would like to clarify these comments, please do so before tomorrow evening
(that's when Garfield County's Planning Commission meets to hear our case).
Thanks,
Jon
JONATHAN FITZPATRICK I Project Development Manager
i fi fzpatrick@ microgridenergy.com
M 303.506.7792 | Linkedln
Microgrid Energy I Energy Performance Accelerated
microsridenersv.com
ir*orro* FITZPATRICK I Project Development Manager
i fitzpatrick@ microgridenergy.com
M 303.506.7792 | Linkedln
Microgrid Energy I Energy Performance Accelerated
microsridenerw.com
IONATHAN FITZPATRICK I Project Development Manager
j fitzpatrick(o m icrogridenergy.co m
M 303.506.7792 | T,inkedln
Microgrid Energy I Energy Performance Accelerated
microsridenersv.com