APPENDIX J COUNTY CORRESPONDENCE

Transcription

1 APPENDIX J COUNTY CORRESPONDENCE

2 March 28, 2017 Sent Via Joe Neary Palo Alto County Zoning Administrator 504 N Superior Emmetsburg, Iowa RE: Palo Alto Wind Energy Project Dear Joe, As you are aware, Invenergy Wind Development LLC ( IWD ) has been working with Palo Alto County property owners and local officials in an effort to bring a wind energy project to the County. Pursuant to Section 4(c) of the Wind Energy Conversion Systems Ordinance for Palo Alto County, Iowa ( Ordinance ), prior to submitting an application for a Site Plan Review and Approval Permit for a WECS, the Owner/Developer shall be responsible for notifying applicable governmental and community agencies of the planned project and allowing each agency 60 days advance notice to do a preliminary review. Section 4(c) further requires that the Administrator and the Site Plan Review and Approval applicant will establish and agree to a list of applicable agencies [to] which the applicant will submit notice and from whom the applicant will solicit comment from prior to Palo Alto County Board of Supervisors considering an application for a Site Plan Review and Approval Permit. Below please find a chart that lists of all of the agencies identified in Section 4(c) of the Ordinance that may require prior notice and an opportunity to conduct a preliminary review of the project. The chart includes commentary on which agencies appear to be relevant, along with an explanation of what steps IWD has already taken or will take in the future with respect to each listed agency. In many cases, our proposed notice and consultation plan is based on practical timing: That is, there may be no issues (or no way to know if there are issues) pre-application, so if any issues do arise it will only be at a later stage in the development of the project. Agency Permit Notice & Consultation Plan Federal Federal Aviation Administration (FAA) Determination of No Hazard Applicant will apply for a determination of no hazard for each turbine site prior to construction, and at this point no U.S. Fish and Wildlife Service (USFWS) notice is required. Applicant has voluntarily consulted with USFWS and is conducting pre-construction wildlife surveys to assess and verify compliance with the Endangered Species Act, Migratory Bird Treaty Act, and Bald and Golden Eagle Protection Act, and to minimize impacts to all wildlife. The Applicant will continue to assess its impacts and to communicate Invenergy Wind Development LLC One South Wacker Drive, Suite 1900 Chicago, IL T F

3 U.S. Department of Agriculture (NRCS) & Local FSA Environmental Protection Agency (EPA) Federal Communications Commission (FCC) Iowa Department of Transportation (IDOT) Iowa Department of Transportation (IDOT) Iowa Department of Natural Resources (IDNR) Iowa Department of Natural Resources (IDNR) Iowa Department of Natural Resources (IDNR) State Driveway Permit for Access Roads if on State Highway Heavy and Oversize Load Permits Iowa s Administration of National Pollutant Discharge Elimination System (NPDES) Permit (GP2) Floodplain Construction Permits with USFWS, and at this point no notice is required. Consultation will take place if the need arises prior to construction, and at this point no notice is required. Applicant will complete a Phase I Environmental Site Assessment prior to construction, and at this point no notice is required. Applicant has completed a microwave path study to verify turbines will not interfere with existing microwave paths, and at this point no notice is required. Consultation will take place following final design and prior to construction, and at this point no notice is required. Consultation will take place following final design and prior to construction, and at this point no notice is required. Applicant has commenced preconstruction wetland studies to verify compliance with the Clean Water Act, and at this point no notice is required. Applicant anticipates the submittal of an NOI and erosion control plan with final design prior to construction, and at this point no notice is required. Applicant anticipates consultation following final design and prior to construction, and at this point no notice is required. Iowa Utilities Board (IUB) Consultation will take place if the need arises prior to construction, and at this point no notice is required. Office of the State Archaeologist (SHPO) Palo Alto County Engineer s Office Local Driveway Permit for access roads, and Road Agreement pursuant to Section 6(b) of the Ordinance Notice required; will conduct initial consultation. Notice required; will conduct initial consultation. Invenergy Wind Development LLC One South Wacker Drive, Suite 1900 Chicago, IL T F

4 Palo Alto County Conservation Board Palo Alto County Board of Health Palo Alto County Emergency Management Coordinator Palo Alto County Planning and Zoning Commission Notice required; will conduct initial consultation. Notice required; will conduct initial consultation. Notice required; will conduct initial consultation. Notice required; will conduct initial consultation. IWD would like confirmation that its plan of action is in compliance with Section 4(c) and acceptable to Palo Alto County prior to commencing the permitting process and the significant investment involved in moving forward to install wind energy devices in Palo Alto County. With your written response approving of these terms, IWD will continue to work with the Palo Alto County Board of Supervisors, among other County staff and officials, to proceed with the permitting process. If you have any questions or if there are elements of this that you would like to discuss, we would be pleased to have a conversation about this. Thank you for your assistance with this matter. We look forward to a long and mutually beneficial relationship with Palo Alto County. Best regards, Invenergy Wind Development LLC Nick Matchen Project Development Associate (312) nmatchen@invenergyllc.com CC: Peter Hart, Palo Alto County Attorney Mike Blazer, Senior Vice President and General Counsel, Invenergy Invenergy Wind Development LLC One South Wacker Drive, Suite 1900 Chicago, IL T F

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6 From: Sent: Thursday, April 20, :18 PM To: Matchen, Nicholas Subject: Re: Contact info Nick Pursuant to our conversation, to fulfill the requirements of section 4 C Agency Review of the Wind Energy Conversion Systems Ordinance for Palo Alto County please contact the following Municipalities. Fairfield Township Clerk Jana Mathisen th Ave Cylinder IA Independence Township Clerk Randy Jacobs th Ave Cylinder IA Walnut Township Clerk Jerry Joyce th Ave Graettinger IA Freedom Township Clerk Dan Zeigler th St Emmetsburg IA Vernon Township Clerk Ronn Naig N Huron Emmetsburg IA City of Cylinder Mayor Anold Heng 402 Jefferson St Cylinder IA50528 City of Emmetsburg 2021 Main St Emmetsburg IA Emmetsburg Community School District Superintendent's Office 205 King St Emmetsburg IA Graettinger Terril CSD 400 Lost Island St Graettinger IA North Union CSD Business Office 600 4th Ave Armstrong IA Thank you for your attention to this matter. Joe Neary Palo Alto County Zoning Administrator Box 271 Emmetsburg IA 50536

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11 June 23, 2017 Mr. Joe Neary Zoning Administrator Via Cc: Peter Hart Palo Alto County Attorney Via RE: Clarification of the Palo Alto Ordinance and Permitting Process Joe, It was a pleasure to meet with you on Tuesday night after the Palo Alto County Public Information meeting. To summarize our meeting and to confirm the decisions made please find the following items below. Background: Discussion centered on the interpretation and practical application of the Palo Alto County Wind Energy Systems Ordinance in relation to the Site Plan Review and Approval Permit Application (SPRAP). Section 3 of the Ordinance: Definitions 1. Section 3 of the Ordinance: (G) Permanent: we discussed the meaning of the word in the context of the ordinance and its applicability to the residential vs non- residential buildings and their differing setbacks (under the ordinance at section 5 (a) + (c)). It was agreed that the definition of permanent was intended and interpreted by the Zoning Administrator to mean essentially any building that had commenced construction in a meaningful way, it would at least have had foundations and other ancillary work competed upon it. Please confirm this construction of the section. 2. Section 3 of the Ordinance: DEFINITIONS (H) PERMANENT RESIDENTIAL DWELLING: We discussed and agreed the definition that the County Zoning Administrator [and therefore the Administrator appointed under the ordinance (per section 3. (a) Administrator)] would have regarding this section. Essential conditions of the Ordinance mean that the structure must be originally intended for human occupancy and having already commenced physical construction. Invenergy LLC One South Wacker Drive, Suite 1800 Chicago, Illinois PH:

12 Plus have the other characteristics as defined in that sub-section of the ordinance. Practically, this would amount to foundations having been poured. Effectively the discussion led to the agreed conclusion that the structure would need to be solely purposed for human residential occupation. For e.g. a hog structure with an attached office or bed/cot would not amount to being a permanent residential dwelling and would therefore fall under Ordinance K. Unoccupied Non-Human Dwelling. Please confirm this construction of the section. 3. Section 4 (A) of the Ordinance: i. Invenergy sought clarification as to what would suffice for documentary evidence that the requirements of the Developer were met. It was agreed that; 1. The Abstractors certificate would be tendered as evidence 2. One Photograph of a sample addressed and post-marked envelope plus one photograph depicting the group of envelopes post-marked and sent letters. 3. Those pieces of documentation would suffice for the purposes intended under the Ordinance. Please confirm this construction of the section. 4. Section 4 (B) of the Ordinance: i. Invenergy will submit to the Administrator (Mr. Neary) an abstractor s certificate in compliance with the Ordinance Please confirm this construction of the section. 5. Section 4 (C) of the Ordinance: Regarding the documenting of the agency notice requirements i. Invenergy has sent the requisite Agency Notifications under the Ordinance and as agreed between the County Attorney & the Administrator. ii. Any correspondence between those Agencies pre-determined via correspondence with Mr. Neary 4/20/2017 and Invenergy will be included within the SPRAP as appendices. Invenergy, in good faith will submit all correspondence between those Agencies and the Developer received even after the 60-day time limit expires. Invenergy will submit the correspondence received up until the day of the SPRAP application. Invenergy LLC One South Wacker Drive, Suite 1800 Chicago, Illinois PH:

13 Please confirm this construction of the section. 6. Electronic Wires/ Underground Electrical Collection Cable System Invenergy and the Zoning Administrator agree that the electric cabling associated with the Wind Energy System Project will be encapsulated into three different stages or tiers with varying degrees of details. This is due to the nature of construction and the fact that alternate turbine sites are included in the SPRAP. Stage 1: SPRAP Section 4 (D) of the Ordinance: Schematic to be included with the SPRAP will contain the location of all proposed turbine locations for at least 184 sites, with the intention of only building 170 of those sites. It was agreed that the SPRAP would only site turbines on land that Invenergy has land control easements with landowners. Collection: It was agreed after reviewing the Ordinance that the collection scheme would be encapsulated in a three-tiered way. Tier 1: The collection lines would be shown at a broad macro/high view level. The schematic would indicate in extremely broad terms which groupings of turbines could be banded together and then indicate that grouping would be connected to the Substation. Specific paths of the cable layout cannot be definitively determined at this stage due to the inclusion of alternate turbine sites amongst other reasons. Once the SPRAP is approved, geo-tech and other pre-construction surveys amongst other considerations will determine which of the 170 are ultimately built out of the submitted SPRAP 184 or more potential turbine sites. After this process and before construction, the second tier of collection detail will be provided. Tier 2: Section 6 of the ordinance: Would include a slightly more detailed schematic attached to the post SPRAP but pre- construction request for an underground construction permit required under the ordinance at Section 6 (a). This schematic would be indicative of the general plan for laying the cable, subject to any construction considerations that may occur. So long as all facets of the ordinance are followed the cable may deviate from the paths initially indicated at this level. After this process and post construction, the third tier of collection detail will be provided. Invenergy LLC One South Wacker Drive, Suite 1800 Chicago, Illinois PH:

14 Tier 3: The ALTS survey of the as-builds would be the only stage of the process where the actual layout and location of the wires would be determined with 100% certainty. Please confirm the above details and we look forward to lodging our application in the coming week(s). Kind Regards, Nick Edwards Project Development Fellow (312) Invenergy LLC One South Wacker Drive, Suite 1800 Chicago, Illinois PH:

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17 August 29th, 2017 Via Joe Neary Palo Alto County Zoning Administrator 504 N Superior Emmetsburg, Iowa CC: Peter Hart; Nick Matchen Re: Palo Alto Public Notice Requirements Precedent to submittal of an application for a Site Plan Review and Approval Permit Dear Joe, I draw your attention to the following provision. Under Section 4. (A) of the Palo Alto County Wind Energy Conversion System Ordinance, Invenergy as the applicant (Owner/Developer) of the proposed Palo Alto Wind Energy Project is required to provide documentation that; 1. A pre-application public informational meeting was held on June 20th, The meeting was held at The Shores, Five Island Lake, Emmetsburg, IA. This meeting was held within 90 days prior to submitting an application for a Site Plan Review and Approval Permit (SPRAP). Please see proof attached. 2. In compliance with the Ordinance, public notice of the meeting was published in all newspapers in general circulation within the vicinity of the proposed Project site. Invenergy also published notice in the official publications(s) of Palo Alto County no less than four (4) and no more than 20 days prior to the meeting. The public notice included the name of the proposed Project, a contact person for the Project, the location of the Project, the time and place of the meeting, and a description of the Project activities.

18 Public notice of the meeting was published in the following newspapers on the noted dates: Proof of Publication attached. Emmetsburg Reporter/Democrat: June 15, 2017 Graettinger Times: June 7, 2017 and June 14, 2017 Ruthven Zip Code: June 7, 2017 and June 14, 2017 West Bend Journal: June 8, 2017 and June 15, Invenergy provided notice of the meeting by ordinary U.S. mail to all property owners within 5,280 feet (one mile) from the Wind Energy Devices and such notices were postmarked on the June 13, All property owners within the Project boundary and all property owners within (1) one mile of the outer boundary of the Project were notified of the pre-application meeting. Written notice of the pre-application meeting was postmarked not less than four (4) days prior to the pre-application meeting. The Title Resource Network provided an Abstract Certificate for Palo Alto County, which was certified on May 1, 2017 and is attached. Kind Regards, Nick Edwards Project Development (312) Attached: Sample public notice letter Newspaper notices Proof of publication Photograph of post mark 2