APPLICATION FOR SITE PLAN REVIEW AND APPROVAL PERMIT FOR THE PALO ALTO WIND ENERGY PROJECT. Submitted By:

Transcription

1 APPLICATION FOR SITE PLAN REVIEW AND APPROVAL PERMIT FOR THE PALO ALTO WIND ENERGY PROJECT Submitted By: AUGUST 31st, 2017

2 Table of Contents Contents PREAMBLE PURPOSE - SECTION JURISDICTION - SECTION DEFINITIONS - SECTION SECTION WIND ENERGY CONVERSION SYSTEM REQUIREMENTS - SECTION MITIGATION OF DAMAGES - SECTION DECOMMISSIONING AT END OF SERVICEABLE LIFE OR DISCONTINUANCE OR ABANDONMENT SECTION PENALTY SECTION CHANGE OF OWNERSHIP SECTION

3 LIST OF TABLES Table 1.1 Project Location Table 1.2 List of Federal Agency Notification Table 1.3 List of State Agency Notification Table 1.4 List of Local Agency Notification LIST OF FIGURES Figure 2.1 Palo Alto Wind Energy Project Area LIST OF APPENDICES Appendix A Project Site Plan / Schematic Site Layout Appendix B Turbine Drawings Appendix C Sound Study Appendix D Access Road Drawings Appendix E Comsearch Microwave Report and Microwave Map Appendix F Decommissioning Plan and Proposed Decommissioning Agreement Appendix G Individual Site Plans Appendix H Aerial Application Accommodation Plan Appendix I FAA Submissions Appendix J Palo Alto County Correspondence Appendix K Agency Notice Correspondence Appendix L Pre-Application Meeting Notice Documentation Appendix M Abstractor's Certificate Appendix N - Proposed Roadway Use and Repair Agreement Appendix O - Cross-Section of Underground Cable Diagram Appendix P- Typical Foundation Diagram Appendix Q- Township Drainage Maps Appendix R- Shadow Flicker Report from Stantec Consulting LLC Appendix S - Memoranda of Agreements Regarding Easements for Participating Properties Appendix T- List of Invenergy Wind Projects Appendix U - Typical Signage Appendix V - Sample Easement Waiver Clause

4 Preamble A. Introduction: Palo Alto Wind Energy LLC ( PAWE ) submits this application ( Application ) for a Site Plan Review and Approval Permit ( SPRAP ) to construct and operate the proposed Palo Alto Wind Energy Project (the Project ) in Palo Alto County, Iowa. B. Palo Alto Wind Ordinance: The contents of this Application demonstrate that the proposed Project is and will be in full compliance with the Palo Alto Wind Energy Conversion Systems Ordinance ( Ordinance ). The Palo Alto County Board of Supervisors have created and is the enforcement agency for the Ordinance and intend it to be a separate county ordinance and consider it to be a stand alone enactment authorized under County Home Rule under Iowa Code Section (1). The contents of this Application demonstrate that the proposed Project will comply with the regulations and requirements of the Ordinance and Invenergy asks that the Palo Alto Board of Supervisors ( Board ) approve and grant the SPRAP for the Project. C. Application Follows Organization of the Ordinance. PAWE has organized this Application to track the organization and provisions in the Ordinance; and as an example, the information and submittal requirements set out in Section 5 of the Ordinance ( Wind Energy Conversion System Requirements ) are set out and addressed in Section 5 of this Application in the same order as addressed in the Ordinance. Invenergy believes that this will assist the County and others in reviewing this Application. D. Applicant: Palo Alto Wind Energy LLC ( PAWE ) is an affiliate of Invenergy LLC. Invenergy Wind Development LLC ( IWD ) is an affiliate of Invenergy LLC. Invenergy LLC, IWD and PAWE and their affiliated entities and parent and subsidiary entities are sometimes collectively referred to as Invenergy. Invenergy is a leading clean energy company focused on the development, ownership, operation and management of large-scale electricity generation assets in the North American, South American, European and Asian markets. Invenergy s electric generation assets primarily include large scale wind & solar energy and clean natural-gas fueled electric generating facilities. Founded in 2001, Invenergy has an excellent track record in the energy industry and has a highly experienced management team. The members of Invenergy s senior management team have an average of approximately 20 years of experience in diverse areas of the energy market, including development, engineering, construction, finance, operations, asset management and energy trading and contracting. Invenergy is headquartered in Chicago, Illinois and has North American regional offices located in Denver, Colorado, Mexico City, Mexico, and Toronto, Canada. PAWE, a special-purpose limited liability company, was created to develop, permit, finance, construct, own and operate this Project in Palo Alto County. Contact information for each company (collectively, Applicant ) is as follows: 1

5 Palo Alto Wind Energy LLC One South Wacker Drive Suite 1800 Chicago, IL Phone: (312) Fax: (312) Invenergy Wind Development LLC One South Wacker Drive Suite 1800 Chicago, IL Phone: (312) Fax: (312) The Project contacts are: Kevin Parzyck Vice President, Development Invenergy Wind Development LLC / Invenergy LLC One South Wacker Drive Suite 1800 Chicago, IL Phone: (312) Fax: (312) kparzyck@invenergyllc.com Nick Matchen Associate, Project Development Invenergy Wind Development LLC / Invenergy LLC One South Wacker Drive Suite 1800 Chicago, IL Phone: (312) Fax: (312) nmatchen@invenergyllc.com Nick Edwards Project Development Invenergy Wind Development LLC / Invenergy LLC One South Wacker Drive Suite 1800 Chicago, IL Phone: (312) Fax: (312) nedwards@invenergyllc.com 2

6 1. PURPOSE The purpose of this Application is to provide information to evidence to the Zoning Administrator and the Board that the proposed commercial wind energy devices and equipment connected to such devices which are planned to be erected, constructed and operated in Palo Alto County and used for the production of wind generated electricity will be constructed and operated so as to be in compliance with the regulations and requirements in the Ordinance. The purpose of the Ordinance (as set out in Section 1 of the Ordinance) is to provide for the regulation of owners/developers engaged in the construction, erections, placement, location, operation and maintenance of WECS in the County and to preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of these systems and associated structures. Invenergy maintains that this Application and the Project proposed comply with regulations in the Ordinance and its purpose. 2. JURISDICTION All lands within the Project boundary are located within the unincorporated areas of Palo Alto County. The Project is entirely contained within the townships of Fairfield, Freedom, Independence, and Vernon in Palo Alto County, Iowa (Figure 2.1) and will be up to 340 megawatts ( MW ) of installed generation capacity. The land within the Project boundary currently encompasses an area of approximately 50,000 acres (Table 2.1). Not all of the land within the boundary will be covered by an easement agreement with the underlying landowner and as of the date of the Application approximately 27,000 acres of land are currently under easement agreement with landowners to host Project facilities. The Project area was selected based on many factors, including, but not limited to, the wind resource, land use, landowner interest, and proximity to existing transmission infrastructure. 3

7 Figure 2.1 Palo Alto Wind Energy Project Area Table 1.1 Project Location COUNTY Palo Alto County TOTAL AREA Approx. 50,000 Acres POLITICAL TOWNSHIP PLSS TOWNSHIP RANGE SECTION(S) Fairfield 96N 31W 1-17 & Freedom 96N 32W 1-2 & Independence 97N 31W 1 36 Vernon 97N 32W 1-30 & DEFINITIONS Words not otherwise defined in this Application have the meanings defined in Section 3 of the Ordinance. 4

8 4. This document and its attachments are an application for a Site Plan Review and Approval Permit. Invenergy has been in regular contact with the Palo Alto County Zoning Administrator Joe Neary. Invenergy sent Mr. Neary a request on June 8, 2017 for the applicable prescribed forms relevant to obtaining a permit under the Ordinance. Mr. Neary responded on June 13, The response stated that a cover letter to which this Application is attached would be the prescribed form of application. Relevant correspondence is included in Appendix J. a) PRE-APPLICATION MEETING In accordance with 4(a) of the Ordinance whenever a WECS is proposed in the jurisdiction of Palo Alto County, the Owner/Developer is required to hold a public informational meeting on the proposed development within 90 days prior to submitting an application for a Site Plan and Review and Approval Permit. A pre-application public informational meeting was held on June 20, The meeting was held at The Shores, Five Island Lake, Emmetsburg, IA. The meeting provided the public with an opportunity to hear information about, offer comments on and ask questions relating to the Project. Approximately 100 Palo Alto residents attended. The event ran for approximately 2 hours. Invenergy staff opened the meeting with an introductory presentation to inform the public about the Project. After the presentation, Invenergy spent time answering questions from the public. The residents asked questions regarding the Project specifically and wind energy conversion systems in general. 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 (as further described below). 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. Public notice of the meeting was published in the following newspapers on the noted dates: 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, 2017 Proof of publication is found in Appendix L. Invenergy submitted this documentation evidencing its compliance with these requirements to the County prior to submitting this Application. The documentation was provided to the Zoning Administrator Mr. Neary in correspondence on August 29, 2017, as found in Appendix J. In addition to the newspaper notices, in compliance with the Ordinance, 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 June 13, 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 in Appendix M. The title abstract was used to determine the contact details of all property owners within 1 mile of the Project boundary outline and all properties within that outlined Project boundary. The contents of the notice and evidence of the post-marking of those mailings is attached in Appendix L. All required documentation was provided to the Zoning Administrator on August 29,

9 b) NOTICE The Title Resource Network produced an abstractor s certificate showing the names and last known addresses of the owners of all property within 5,280 feet (one mile) of the Project boundary outline and all properties within that outlined boundary. The abstractor s certificate is attached in Appendix M. c) AGENCY NOTICE/REVIEW In accordance with the regulations in the Ordinance, the Administrator and Invenergy established and agreed to a list of applicable agencies to which the applicant would submit notice to and from whom the applicant would solicit comment from prior to the Board considering an application for a SPRAP for this Project. The list of applicable agencies agreed to by the Administrator and Invenergy is confirmed by communications from the County Zoning Administrator, dated April 4, 2017 & April 20, 2017 (See Appendix J). Prior to applying for a SPRAP for a WECS, Invenergy notified applicable governmental and community agencies of the planned Project and allowed each agency 60 days notice to do a preliminary review. Documentation of the notification of these agencies, and any responses from the agencies, are provided with this Application. If any agency did not act within 60 days, the plan may be deemed, for the County s purposes, approved by the agency that failed to act upon proof of notice. Please see Appendix K for all agency correspondence. Table FEDERAL AGENCY NOTIFICATION Agency Name Status/Permit Requirements Date Notified Date of Response/ Action Federal Aviation Administration ( FAA ) Proposed locations and elevations for all 196 turbine locations have been submitted to the FAA (See Appendix I for such applications). The FAA will provide determinations as to whether the proposed turbines will obstruct or create hazards to air navigation. 07/27/2017 The FAA has assigned Aeronautical Study Number(s) to Invenergy s request and confirmed this status on 7/27/2017. Final documents indicating no hazard determinations by the FAA will be provided to the County prior to the commencement of construction of the turbine towers. Submittal is required pre-construction once the SPRAP is granted. U.S. Fish and Wildlife Service ( USFWS ): Amber Schorg, USFWS Moline Regional Office No notice required per Zoning Administrator Zoning Administrator letter on April 4, Applicant has sought comment from the agency. Invenergy met with the USFWS on February 17, 2017 in Rock Island, IL. Invenergy has also commissioned various environmental studies, in accordance with the USFWS guidelines. 2/17/2017 6

10 U.S. Department of Agricultural Natural Resources Conservation Service (NRCS) No notice required for SPRAP per Zoning Administrator Zoning Administrator letter on April 4, Environmental Protection Agency ( EPA ) No permit from EPA is required. No notification required per Zoning Administrator Zoning Administrator letter on April 4, Applicant will complete a Phase I Environmental Site Assessment prior to the start of construction. Federal Communications Commission ( FCC ) No permit required. A microwave study has been completed confirming no interference with existing microwave paths by proposed Project. The study is attached in Appendix E. A site plan map with a layer showing the existing microwave paths is also included at Appendix E. Table STATE OF IOWA AGENCY NOTIFICATION Agency Name Status/Permit Requirements Date Notified Date of Response Iowa Department of Transportation ( IDOT ) A Driveway Permit for Access Roads is required if accessed off of a State Highway. Consultation and a permit application, if necessary, will take place following final design and prior to the start of construction. No notice required for SPRAP per Zoning Administrator letter on April 4, Heavy and Oversize Load Permits are Required. Consultation and a permit application, if necessary, will take place following final design and prior to the start of construction. No notice required for SPRAP per Zoning Administrator letter on April 4, Iowa Department of Natural Resources ( IDNR ) Iowa s Administration of National Pollutant Discharge Elimination System (NPDES) Permit (GP2) may be required at a later stage than the SPRAP. Applicant anticipates the submittal of an NOI and erosion control plan with final design prior to the start of construction. Applicant has performed pre-construction wetland studies to verify compliance with the Clean Water Act. No notice required for SPRAP per Zoning Administrator letter on April 4, Floodplain Construction Permits may be required at a later stage than the SPRAP. Applicant anticipates the submittal of an NOI and erosion control 7

11 plan with final design prior to construction. No notice required for SPRAP per Zoning Administrator letter on April 4, Iowa Utilities Board ( IUB ) Consultation will take place, if necessary, prior to the start of construction. No notice required for SPRAP per Zoning Administrator letter on April 4, Office of the State Archaeologist ( SHPO ): Invenergy coordinated with the SHPO regarding the Project. Invenergy contacted SHPO on April 4, Invenergy made the preliminary Project layout after considering the comments and recommendations of SHPO s May 8, 2017 response, which is attached in Appendix K. 4/4/2017 5/8/2017 Table LOCAL AGENCY NOTIFICATION Agency Name Agency Contact Date Notified Date of Response 60-day expiry Palo Alto County Engineer s Office ( PACEO ) Walter Davis-Oeth, Palo Alto County Engineer 4/4/2017 4/17/2017. The correspondence is attached in Appendix K. Palo Alto County Conservation Board ( PACCB ) Mary Barrick, Director 4/4/2017 No written response received as of 6/3/2017 Palo Alto County Board of Health Peg McNally 4/4/2017 No written response received as of 6/3/2017 Palo Alto County Emergency Management Coordinator Mark Hunefeld 4/4/2017 5/2/2017. The correspondence is attached in Appendix K. Palo Alto County Planning and Zoning Commission Joe Neary, Palo Alto County Zoning Administrator 4/4/2017 No written response received as of 6/3/2017 Fairfield Township Jana Mathisen, Clerk 4/24/2017 No written response received as of 6/23/2017 8

12 Independence Township Randy Jacobs, Clerk 4/24/2017 No written response received as of 6/23/2017 Walnut Township Jerry Joyce, Clerk 4/24/2017 No written response received as of 6/23/2017 Freedom Township Dan Zeigler, Clerk 4/24/2017 No written response received as of 6/23/2017 Vernon Township Ronn Naig, Clerk 4/24/2017 No written response received as of 6/23/2017 City of Cylinder Anold Heng, Mayor 4/24/2017 No written response received as of 6/23/2017 Emmetsburg Community School District Superintendent's Office 4/24/2017 No written response received as of 6/23/2017 City of Emmetsburg John Bird 4/24/2017 4/28/2017. The correspondence is attached in Appendix K. Graettinger Terril CSD 4/24/2017 No written response received as of 6/23/2017 North Union CSD 4/24/2017 No written response received as of 6/23/2017 d) Site Plan Site Plan Requirements The Ordinance requires that an application and supporting documentation be filed with the Board and the Zoning Administrator. The site plan and other such plans and manufacturer s specifications shall show the dimensions, 9

13 arrangements, descriptive data, site layout and other information essential to an understanding of the use and construction of the proposed WECS. The site plan is attached in Appendix A (for the entire Project) and Appendix G contains the individual turbine(s) site plans. Application Fees In accordance with the Ordinance, a certified check in the amount of $20, has been tendered to the County at the time of filing of this Application. The SPRAP application fee is $1000 plus $100 per Wind Energy Device ( WED ). The application fee was calculated by multiplying 196 (being the number of turbine sites in the SPRAP) by $100 (application fee per turbine) plus the base $1000 application fee. Details Included with the Site Plan In accordance with Section 4(d) of the Ordinance, the site plan is to include the following information at a minimum: Approximate location and total number of the proposed WED(s) o Invenergy submits the Project Site Plan in Appendix A showing the mapped locations of all the turbines and numbering them for reference purposes. The Site Plan includes 196 proposed WED locations but no more than 170 turbine locations will actually be utilized for this Project. Approximate access points to roads showing construction details typical of all entrances proposed to be built in the public right of way o Invenergy submits individual Site Plans for each proposed WED(s) location and the location(s) of access points to roads. The individual site plans are contained in Appendix G. The construction details typical of those road entrances that are built in the public right of way are shown in Appendix D. Approximate distance to any inhabited or uninhabited buildings reflecting compliance with the setback requirements of this ordinance found under Section 5(a) (h) of the Ordinance. o The minimum distance to inhabited/uninhabited residential structures is 1500 ft. The individual site plans for each proposed turbine site shows in detail the setbacks that each turbine has from relevant structures. The individual site plans are contained in Appendix G. Approximate distance to the nearest wind energy or other tower structures of similar purpose or size o Invenergy submits the macro level Project Site Plan in Appendix A. The map clearly details this feature in full compliance with this sub-section. Individual site plans also show the relative distances between turbines in Appendix G. As of the date of this Application, there are no other wind energy or other tower structures (other than those proposed in this Application) within 10 miles of the Project boundary. Proposed aerial application accommodation plan, including contact information and conditions to allow applicators to request shut-down and rotation or to notify workers of anticipated aerial operations on a given date in a particular area o Invenergy submits the Aerial Application Accommodation Plan attached in Appendix H for the Board s review and consideration. The plan contains details and conditions for applicators to request shut down and/or rotation or to notify workers of anticipated aerial operations on a given date in an area. Leaseholder or ownership details of the building site o Leaseholder or Ownership details of the building site are shown on the individual site plans. Individual site plans are included in Appendix G. Participating Landowners information can also be found in Appendix S. 10

14 Dimensions of the building site showing approximate distances to surrounding properties o Dimensions of the building site showing approximate distances to surrounding properties is shown on the individual site plans (See Appendix G). Construction details of the Wind Energy Device(s), including any experimental or prototype Wind Energy Device(s) (including manufacturer and model, tower height, tower type, and rotor diameter). The following is a summary of the construction details: o Turbines: Invenergy plans to utilize Vestas V110-2MW model turbines, or similar model turbines. The Vestas V110-2MW has a 2.0 MW generating nameplate capacity. The units will have a hub height of 95 meters (311.7 feet) and a rotor diameter of 110 meters (360.9 feet). Rotor Diameter means the cross-sectional dimension of the circle swept by the rotating blades of the Wind Energy Device. Vestas V110-2MW model turbines have a maximum tip height, meaning the height to the tip of a blade when that blade is pointing straight skyward from the rotor hub, of 150 meters ( feet). The turbine model proposed for the Project are three-bladed, upwind, horizontal-axis wind turbines. The turbine rotors and nacelles are mounted on top of a tubular tower. The turbines employ active yaw control meaning it s possible to steer the machine with respect to the wind direction. They also employ active blade pitch control (designed to regulate turbine rotor speed) and an internal generator/power electronic converter system from the speed variable drive train concept. Tower specifications for the proposed turbine model can be found in Appendix B. o Rotor: The rotor consists of three individual blades mounted to a rotor hub. They are constructed of fiberglass and epoxy or polyester resin, and are colored non-reflective, unobtrusive white. The hub is attached to the nacelle, which houses the gearbox, generator, brake, cooling system, and other electrical and mechanical systems. The Project turbines will have a maximum rotor swept area of approximately 9,503 square meters (335, square feet) (See Appendix B). The electrically actuated individual blade pitch systems act as the main braking system for the wind turbine. Braking under normal operating conditions is accomplished by feathering the blades out of the wind by means of the active blade pitch control. The rotor has full blade feathering with 3 pitch cylinders. Any single feathered rotor blade is designed to slow the rotor, and each rotor blade has its own back-up battery bank to provide power to the electric drive in the event of a grid line loss. The turbine is also equipped with a mechanical disk brake located at the high-speed shaft of the gearbox. This brake is only applied immediately on certain emergency-stops (E-stops). This brake also prevents rotation of the machinery as required by certain service activities such as when the Aerial Application Plan is in effect. o Tower: The tower is a self-supporting, tubular steel tower, colored non-reflective (manufacturer s original finish), unobtrusive white. The nacelle is mounted on the turbine tower, which consists of three to four sections manufactured from steel plates. All welds are made in automatically controlled power welding machines and ultrasonically inspected during manufacturing per ANSI specifications. All surfaces are sandblasted and multi-layer coated for protection against corrosion. The tower has no external flanges or ladders and is designed so that it cannot be climbed from the outside. Access to the turbine is through a lockable steel door at the base of the tower. The steel door at the base of each tower will also include a high voltage warning sticker. Other than the stair to access the steel door at the base of each tower, no appurtenances will be connected to any tower except in accordance with the Ordinance. 11

15 Invenergy submits the manufacturer specifications in Appendix B. The appendix shows the turbine manufacturer specifications and details regarding the model, tower height, tower type, and rotor diameter of the units. Tower foundation blueprints or drawings and tower blueprints or drawings o Tower Foundation: The wind turbines freestanding tubular towers will be connected by anchor bolts to an underground concrete foundation. Geotechnical surveys and turbine tower load specifications will dictate final design parameters of the foundations. The foundation design will be engineered for the turbine type, site soils, and subsurface conditions at the turbine locations. A common foundation design is a spread footing type foundation which is typically an octagonal spread footing approximately 18 to 19 meters (59 to 62 feet) in diameter with an approximate 1-meter (3-to 4-foot) pedestal, rebar, and anchor bolts. Appendix P shows a typical wind turbine foundation that may be used for the Project depending on groundwater conditions. o Tower: A blueprint for the towers that are typically used in the Vestas 110-2MW turbines is attached in Appendix B. Schematic site layout, including location of electrical wires, connection points with the electrical grid and related accessory structures o Invenergy submits the schematic site layout in compliance with the ordinance in Appendix A. Site plan shall be drawn to scale o Invenergy submits the Site Plan in Appendix A and the individual site plans in Appendix G, each drawn to scale. Documentation of land ownership or legal control of the property o Invenergy submits individual site plans in Appendix G and copies of memoranda depicting legal control in Appendix S. Every landowner upon whose land any turbines or other WECS facilities are planned to be constructed has signed an easement agreement or similar agreement with Invenergy. The easement or similar agreement, expressly allows Invenergy to construct and operate the WECS on such property. FAA Request for No Hazard Determination o Invenergy s request to the FAA for No Hazard Determinations are attached in Appendix I. Proposed FAA obstruction and marking plan o Invenergy s proposed FAA obstruction and marking plan will be determined in part by the FAA. The FAA will review the turbine layout and will make a determination regarding marking. Invenergy will fully comply with the marking plan as determined by the FAA. The marking plan will be forwarded to the county once the FAA has communicated it to Invenergy. Publicly available documentation of public surface open drainage ditches and public subsurface drainage tiles o Invenergy submits the Site Plan in compliance with this part of the Ordinance in Appendix A. The drainage maps for Fairfield, Independence, Vernon and Freedom are included for reference as required under the Ordinance. Those maps are attached at Appendix Q. 12

16 e) Public Hearing In accordance with Section 4(e) of the Ordinance, within 60 days of receiving this Application, the Board is to schedule a public hearing regarding the Site Plan Review and Approval Permit. The date of the Application for the SPRAP is August 31, Therefore, the Board should schedule a public hearing within 60 days of that date. Public Notice In accordance with Section 4(e) of the Ordinance, the County is to provide notice to the public no less than four (4) and no more than 20 days prior to the public hearing by publication in the official newspaper(s) of Palo Alto County as well as publication in a newspaper within the general vicinity of the proposed Project site. Prior to the public hearing, the County is also to provide notice by ordinary mail to all property owners located within 5,280 feet (one mile) of each proposed Wind Energy Device for which the Site Plan Review and Approval Permit is requested. The abstractor s certificate provided in Appendix M details the landowners that require such ordinary mail notification. Invenergy asks that the hearing be scheduled as soon as practical whilst having regard to the public notice requirements set out in the Ordinance. Invenergy also formally requests notice of the date of public hearing be delivered to Invenergy as soon as it is set by the Board. f) Review and Approval or Rejection of the Application for a Site Plan Review and Approval Permit by the County Board of Supervisors Pursuant to the Ordinance, the Board shall vote to approve, with or without conditions, or reject the Site Plan Review and Approval Permit application within 30 days after the public hearing has taken place. g) SPRAP Term As provided in the Ordinance, approval of the SPRAP for a WECS shall be valid for a period of two (2) years from the date such permit is granted, unless construction has commenced or the Board specifically grants a longer period. Invenergy intends to begin construction within two years after approval of the SPRAP, and complete construction and begin operations of up to 340MW by the end of h) Legal Requirements Section 4(h) of the Ordinance does not include any Application requirements but does set out certain provisions regarding compliance with legal requirements and the liability of the Owner/Developer and the County with respect to certain matters, which Invenergy acknowledges. 5. WIND ENERGY CONVERSION SYSTEM REQUIREMENTS Calculation Method Setbacks were calculated based on the total height of the Vestas V110-2MW turbine. The tip height/total height of the turbines is 150 meters or ft. Therefore, 120% of the WED would be calculated as 1.20 x ft. being equal to 591 rounded up to the nearest whole foot. Setback Requirements Generally and Applicable Waivers The site plan (attached in Appendix A) and the individual site plans (attached in Appendix G) demonstrate that each turbine conforms to the applicable County setback requirements set forth in the Ordinance. Where specifically 13

17 allowed, and as permitted under Section 5 (a)-(h) of the Ordinance, relevant parties including participating landowners have waived the adjacent property line setback requirement. The waiver is included in the standard easement agreement signed by all participating landowners (a sample copy of such provision from the easement agreement is attached in Appendix V). However, applicable setbacks will be observed for parcels owned by nonparticipating landowners who have not signed an express waiver. The final location of the access roads and underground communication and electric power collection cables may be relocated as Applicant, in consultation with participating landowners, deem necessary for construction purposes. (a) Setbacks from Public Roads, Public Right of Ways, and Overhead Utility Lines Public ROW, Public roads 120% of the WED(s) or MET total height (591 feet) Overhead Utility Lines 120% of the WED(s) or MET total height (591 feet) (b) Setbacks from Permanent Residential Dwellings Permanent Residential Dwelling 1,500 feet* *May be waived if written permission is granted by the affected property owner (c) Setbacks from Property Lines Adjacent Property Lines 120% of the WED(s) total height (591 feet) * *May be waived if written permission is granted by the affected property owner. (d) Setbacks from Unoccupied Non-Human Dwelling Structures Unoccupied Non-Human Dwelling Structures 120% of the WED(s) total height (591 feet) (e) Setbacks from Cemeteries Cemeteries 1,500 feet (f) Setbacks from City Limits City Limits 1,500 feet (g) Shadow flicker Non-participating residences 30 hours per year Based on third-party modeling and analysis completed for the Project, no non-participating permanent residential dwelling will experience more than 30 hours per year of shadow flicker under planned operating conditions of the Project. The amount of expected shadow flicker was calculated by Stantec using industry standard modeling software, as evidenced in a report dated August 29, The report is attached in Appendix R. (h) Public Lands or Waterway Public Lands or Waterways 1,500 feet Invenergy considered any comments from the IDNR or the PACCB when preparing the Project Site Plan (See Appendix K). The individual site plans (Appendix G) and the Project Site Plan (Appendix A) show the setback or distance of all the proposed turbines from public lands or waterways. 14

18 (j) Density or Spacing The spacing of the turbines is in accordance with common industry practice. Invenergy has consulted with all relevant stakeholders in placing each WED. In determining spacing, the manufacturer specifications and recommendations, the public interest and the natural environment has been considered. Individual site plans (Appendix G) and the facility site plan (Appendix A) show the relative spacing of the devices. All siting of turbines is subject to minor location adjustments based on final geotechnical, micro siting and construction planning. (j) Access The turbine towers have no external ladders and are designed so that they cannot be climbed from the outside; access is through a locked tower door, therefore, no anti-climbing device(s) will be necessary. Further, all ground mounted electrical and control equipment, including any grounding transformers, will be labeled and secured by padlock to prevent unauthorized access. The Project substation will be enclosed by a security fence and will include locked gates for access. (k) Electrical Wires Invenergy will comply with all requirements when constructing the electrical systems connections required for this project. The Project substation to be constructed as part of the Project is exempt and is not required to be placed underground. The Project Site Plan is attached in Appendix A. Further discussion of the underground electrical collection cables can be found in Section 6(a)(i-iii) of this Application. Appendix O contains a cross-sectional view of a typical cable installation proposed for use in this Project. (l) Lighting WED Lighting Turbines will not be artificially lit from the ground upward. The only lighting that will be included with the WED is lighting that is required by the FAA and an entrance light at the door of each WED. The turbine locations and design will comply with all applicable FAA requirements. Invenergy has applied for an FAA Request for No Hazard Determination for all turbine locations. After receipt of relevant determinations and lighting recommendations, Invenergy will share the results with the County. Met Towers All temporary MET Towers shall have a flashing red light at the top of the tower and be painted conspicuously. This is in accordance with permits issued previously by the county. Invenergy plans to remove all MET towers within one year of the commencement of operations of the Wind Project. The location of existing MET towers associated with this Project are included within the Project Site Plan in Appendix A. Aircraft Detection Lighting Systems (ADLS) The Ordinance requires that: Where feasible to do so, aircraft detection lighting systems (ADLS) shall be used to reduce the impact of nighttime lighting on nearby residents, communities and migratory birds and to extend the life expectancy on nearby residents, communities and migratory birds and to extend the life expectancy of obstruction lighting, all in accordance with FAA Advisory Circular: 70/7460-1L et. Seq (12/04/15). The referenced FAA Advisory Circular provides a mechanism for wind project developers/owners to apply for 15

19 approval for an ALDS, and the FAA s findings, to-date, are based upon research efforts held at test facilities in the United States. The long-term feasibility, reliability and safety, however, has not been proven. As of the date of this SPRAP, only one wind project has implemented an ALDS system. Laufer Wind carried out what it says is the first commercial operation of an FAA-approved aircraft lighting system on a U.S. wind farm. The radar-activated lighting technology was installed in November 2016 on a recently commissioned 80 MW wind farm in Wyoming. The small scale of the Wyoming project (being 4.25x times smaller than the proposed Palo Alto project) means that the relative risk of trialing such a system is drastically reduced in Wyoming versus Palo Alto. Laufer Wind was the first company to successfully demonstrate ADLS to the FAA, the first to receive FAA approval for an ADLS deployment, and the first to achieve commercial operation of an ADLS on a U.S. wind farm. Because of the high degree of risk associated with such new technology and the relevant age and amount of data available after only nine months of operation, we have determined that it is not feasible, at this time, to include such unproven safety technology in the Project. Invenergy will continue to monitor the progress of the Wyoming facility, along with other emerging technologies in this nascent field and is open to retrofitting the wind facility with such an ADLS, in the future, as the technologies feasibility and reliability are demonstrated and risks mitigated. (m) Appearance, Color, and Finish The turbines will be installed with the original color and finish that was applied by the manufacturer. A visual representation is contained within the manufacturer specifications which is attached in Appendix B. (n) Signs High voltage warning sign(s) or sticker(s) will be placed on the base of each tower and at the Project substation. There is normally a small 911 location and turbine number sign placed near the entrance from the public road to the private access road on which such turbine is situated. There will be appropriate signage warning of underground electrical and communication facilities. Documentation showing the style and placement of signage is attached in Appendix U. (o) Code Compliance All turbines, related structures and facilities shall comply with all applicable State of Iowa construction and electrical codes, and the National Electrical Code. (p) Utility Notification and Interconnection Invenergy submitted two separate applications to the Midcontinent Independent System Operator (MISO) for a combined total 340 MW interconnection request. Those applications to MISO were made on November 19, 2015 and May 5, 2016, respectively. The interconnection requests were assigned queue positions J529 (250 MW) and J590 (90 MW). Invenergy continues to progress through the interconnection process, in compliance with all local, state and federal laws. Invenergy anticipates the execution of a generator interconnection agreement prior to the end of The point of interconnection (POI) of the Project to the electric transmission grid will be along the existing O Brien- Kossuth 345 kv transmission line. The proposed location for the Project substation is shown in Appendix A. The Project substation will be constructed in conformity with National Electric Code standards. The transmission line owner is MidAmerican Energy Company (MEC). The Project Substation is located under and next to the existing transmission line and will connect the Project to the grid at that point. No overhead transmission lines line will be required to connect the turbines to the Project Substation or such substation to the POI. 16

20 (q) Wind Energy Accessory Buildings or Structures Project Substation The Project Substation will be setback a distance of 1,000 feet from any Permanent Residential Dwelling unless the owner of said dwelling provides written consent or approval to location of such Wind Energy Accessory Building or Structure. Such a building or structure will also be setback at least 45 feet from any road right of way, pubic right of way, railroad right of way, or public utility facility, unless the relevant owner provides written consent/approval to the siting being within the setback. The location of the Project Substation facility is shown in Appendix A. (r) Meteorological Towers Temporary MET towers were installed in accordance with permits issued previously by the County. The temporary MET towers will be removed within one year of the commencement of operation of any energy generation. Currently, there are no plans for any permanent MET towers to be installed. The location of temporary MET towers are marked on the site plan that has been submitted in Appendix A. 6. MITIGATION OF DAMAGES This part of the Application provides information and other materials as required by Section 6 of the Ordinance. a) Drainage System Invenergy has simultaneously submitted an application for a separate permit for the WECS underground electrical collection cable system as construction is planned to span across organized drainage districts tile systems within the unincorporated areas of Palo Alto County. Relevant publicly available drainage maps and a map of the collection cable system are attached in Appendix Q. A control panel inside the base of each turbine tower will house communication and electronic circuitry. A step-up transformer will be installed within each turbine to raise the voltage from 400 volts (V) to collection line voltage (34.5 kv). Those collection line voltage lines will be installed underground and will connect groupings of turbines and return the power generated by the turbines back to the Project Substation. The specifics of the underground construction permit shall be subject to the requirements in Section 6(a) and include following criterion at a minimum: (i) (ii) (iii) The system is to be installed by trenching (and not plowing). The system to be buried in trenches at a cover depth of no less than five feet (60 inches) below grade and eight feet (96 inches) below established drainage ditches and other open waterways. A cross section of typical cable installation used is attached in Appendix O. The power and communication cables will be buried on private property and under public rights-of-way at roadways. Power will run through an underground collection system at the required depths below grade to the Project 34.5/345 kv substation. See schematic for potential cable layout in Appendix A. The system must be installed so as to maintain a two-foot (2) separation distance in all directions, i.e. horizontal, diagonal and vertical from existing public drainage tile and public drainage structures. 17

21 (iv) Invenergy will remedy any adverse effect on any organized drainage tile districts or private tile systems caused by the construction or repair of the WECS in accordance with the Ordinance. To complete such repairs, Invenergy will hire appropriate drain tile contractor(s) that are familiar with the organized drainage tile districts and private tile systems within Palo Alto County. Invenergy will obtain written approval from the Board of Supervisors of the contractor(s) selected prior to commencing the construction of the underground electrical collection cable system. This written approval will be sought when the application for the underground construction permit is applied for. Invenergy is submitting 196 turbine locations in this application, but only intends to erect up to 170 turbines. The additional 26 sites are included as alternates. Invenergy will provide an as-built map after construction is complete. At this stage Invenergy cannot categorize which of the 196 sites are alternate sites and which are primary as critical geotech work and other pre-construction engineering factors will determine which sites are more suitable for the project than others. Similarly, the final collection system layout may differ from the proposed layout depending on which turbines are ultimately built. b) Roads County roads that run coincident with section lines characterize most of the existing roadway infrastructure in and around the Project area. U.S. Highway 18 extends East and West through the Project area and partly North and South. Roads to be used for construction and maintenance of the Project will be identified and all applicable weight and size permits from relevant government agencies will be obtained. In addition, Invenergy will negotiate a separate Roadway Use and Repair Agreement with the Palo Alto County Engineer in accordance with the Ordinance. The Roadway Use and Repair Agreement will ensure that Invenergy repairs any damage to County roads, rights of way, or any County Infrastructure as a result of constructing the Project. A proposed copy of the Roadway Use and Repair Agreement is attached in Appendix N. The agreement will be entered into after the submittal of the SPRAP application but before the start of construction. The wind turbines will be accessible via all-weather gravel access roads connecting to public roads. A typical diagram of such a road is included in Appendix D. The access roads will be approximately 4.9 meters (16 feet) wide and low profile to allow cross-travel by farm equipment and to avoid damage or changes to drainage tile patterns and crop production. Invenergy has and will continue to work with participating landowners in locating access roads to minimize land use disruptions to the extent possible. The intended locations of access roads are shown on the individual site plans shown in Appendix G. c) Electronic Interference Television, Radio and Telecommunications Interference Invenergy contracted with Comsearch, a communications consultant, to evaluate the potential effect of the Project on existing Non-Federal Government microwave telecom systems. On April 22, 2016, Comsearch submitted a report summarizing their findings on the potential impacts of the Project on microwave transmissions. Comsearch identified five microwave paths that intersect the Project area. Invenergy designed the Project so that it will not affect the current microwave transmissions, as identified in the April 22, 2016 report. No turbines are in the vicinity of the microwave paths as determined by Comsearch. All microwave paths that were identified are well south of all of the submitted turbine locations. A project site plan showing the microwave paths is attached in Appendix E. A copy of the Comsearch report can be found in Appendix E. Iowa One Call will be contacted prior to construction to locate and avoid underground facilities. To the extent 18

22 Project facilities cross or otherwise affect existing telephone or fiber optic lines or equipment, Invenergy will coordinate with service providers to avoid interference with their facilities. Invenergy does not anticipate that the Project will have a negative impact on television, radio or broadband wireless internet service. Nevertheless, Invenergy will work with local broadcasters along with any affected landowners within the Project area to remedy degradation, if any, in their television, radio, personal communication systems or broadband wireless internet service that may result from the Project. (d) Sound The Ordinance requires that sound produced by wind energy devices not exceed 50 decibels at a Permanent Residential Dwelling existing as of the date of issuance of the Site Plan Review and Approval Permit. The Ordinance at Section 6(d) specifies that 50 dba may be exceeded during short term events out of the Owner/Developer s control, such as utility outages and/or severe wind or weather conditions. As a conservative measure to ensure compliance with the Ordinance, Invenergy assumed the Vestas V110-2MW would be erected at each proposed 199 turbine locations, although no more than 170 turbines will be erected. Sound levels produced by maximum turbine operations were modeled using the method set forth in the International Organization for Standardization (ISO) Standard , Attenuation of Sound During Propagation Outdoors. The method was implemented using SoundPLAN v7.4 acoustical modeling software program, and cross-checked with a spreadsheet calculation by Hankard Environmental in a report dated August Modeling results were compared with the maximum allowable sound level under the Ordinance and no permanent residential dwelling received in excess of 49.9 dba, lower than the 50 dba threshold. A summary of the analysis methods and results is included in Appendix C. Invenergy will ensure that the Project design and operations will comply with the sound requirement set out in Section 6(d) of the Ordinance, and will provide certification to the County when making the application for the construction and/or occupancy compliance certificate. 7. DECOMMISSIONING AT END OF SERVICEABLE LIFE OR DISCONTINUANCE OR ABANDONMENT Invenergy has engaged a professional engineer licensed in Iowa who works for Stantec to prepare a decommissioning plan (the Decommissioning Plan ). The prepared Decommissioning Plan is attached in Appendix F. The Decommissioning Plan describes how the Project is expected to be decommissioned, outlines the anticipated means and costs for such decommissioning of each WED, outlines the proposed financing methods that would be adequate for the decommissioning of the WECS, and certain other information. Decommissioning means the complete removal of all wind turbines and related devices and equipment and distribution and transmission facilities comprising a Wind Energy Conversion System to a depth of 4 feet. Any devices and equipment above a depth of 4 ft will be removed including, but not limited to, all rotors, nacelles, and towers; all collection step-up transformers, Wind Energy Device foundations, pads, underground electrical wires and any and all of other underground wind energy structures and improvements and all access roads (unless the relevant landowner requests that such access road remains). In accordance with the Ordinance, Invenergy will enter into a separate Decommissioning Agreement with the County after the submittal of the SPRAP but before its issuance. A draft of such a proposed Decommissioning Agreement is included under Appendix F. Under the terms of the easement agreements and Section 7 of the Ordinance, Invenergy has a contractual obligation 19