March 23, 2016 Clean Energy Collective c/o Richard Miller 361 Centennial Parkway, Third Floor Louisville, CO 80027 Reference: Major Impact Review for Solar Energy System, Large 35960 River Frontage Road, New Castle - Garfield County File Number MIPA 01-16-8415 Dear Mr. Miller, Garfield County is in receipt of an application for a Major Impact Review Land Use Change Permit application for a Solar Energy System, Large located at 35960 River Frontage Road, New Castle and identified by the County Assessor as Parcel Number 217912200350. This application was submitted on January 19, 2016 with updates received on March 18, 2016 and has been reviewed for technical completeness. The scope of the listed items below has been updated as a result of our meeting on March 18, 2016. General Application Materials: 1. A copy of the Pre-Application Conference Summary was not included with all paper application packages or the electronic application package. Please include the Pre-Application Conference Summary with all application packages. (Applicant will include with final Complete Package when requested) 2. Please include all digital documents in PDF format and organize the electronic and paper copies of the application in the following manner: (Applicant will include with final Complete Package when requested) 1
3. A review by the County Attorney s Office indicates that Sandra Hannigan is the owner of the property, not Dennis Hannigan. While it is understood that Sandra Hannigan is deceased, a probate will need to be opened to transfer ownership to Dennis Hannigan. To this end, either Sandra Hannigan s estate needs to be co-applicant on the application or ownership transfer to Dennis Hannigan needs to be demonstrated. Should Sandra Hannigan s estate sign as owner of the property, then a Statement of Authority identifying an agent of the estate needs to be signed and recorded. In addition, it appears that the lease has been signed by Dennis Hannigan. However without demonstration of ownership by Dennis Hannigan it appears that this lease is not valid. 4. Section 4-203 (B)(3)(a) requires that the applicant submit A list and map of real property, the owners of record and mailing address, within a 200-foot radius of the subject parcel A list of adjacent property owners has been provided, however, the list appears to be missing two property owners: 218107200195 and 218107200203. Please provide a corrected list of adjacent property owners. Water Supply and Distribution Plan 5. Section 4-203 (M) requires submission of a water supply and distribution plan to demonstrate compliance with Section 7-104. A plan has been submitted that outlines the water demands of the facility for personnel, however, a plan with a demonstration of adequate water rights is necessary to support the proposed landscaping. Please provide a demonstration of water rights for irrigation of the proposed landscaping along with an estimate of the water demand for this landscaping. Access and Roadways 6. The access road to the facility will be crossing property not owned by the operator of the facility. As a result, in order to ensure legal access to the site, please provide a draft access easement for 2
review by the County as a part of the application. Final execution and recording of the easement may be done as a condition of approval. We look forward to receiving the revisions and supplemental information and proceeding through the Major Impact Review process. Section 4-101 (B)(2)(a) stipulates that the applicant shall correct the deficiencies within 60 calendar days or the application will be deemed withdrawn. Feel free to contact me with any questions or request for clarifications regarding any of the above items. You may reach me via email at dpesnichak@garfield-county.com or at 970-945-1377 x1614. Sincerely, David Pesnichak, AICP 3
April 6, 2016 Clean Energy Collective c/o Richard Miller 361 Centennial Parkway, Third Floor Louisville, CO 80027 Reference: Major Impact Review for Solar Energy System, Large 35960 River Frontage Road, New Castle - Garfield County File Number MIPA 01-16-8415 Dear Mr. Miller, Garfield County is in receipt of an application for a Major Impact Review Land Use Change Permit application for a Solar Energy System, Large located at 35960 River Frontage Road, New Castle and identified by the County Assessor as Parcel Number 217912200350. This application was submitted on January 19, 2016 with updates received on March 18, 2016 and April 6, 2016 and has been reviewed for technical completeness. The scope of the listed items below has been updated as a result of our meeting on March 18, 2016. General Application Materials: 1. A Testamentary Letter was provided designating Dennis James Hannigan. As a result of this designation, Mr. Hannigan needs to sign the application and any authorization as the Personal Representative. As a Personal Representative, Mr. Hannigan is not able to sign as an individual. Access and Roadways 2. The access road to the facility will be crossing property not owned by the operator of the facility. As a result, in order to ensure legal access to the site, please provide a draft access easement for review by the County as a part of the application. Final execution and recording of the easement may be done as a condition of approval. Adjacent Property Owner List 3. The cover letter notes that the list of adjacent property owners has been updated, however, an updated list was not found. Please submit the updated list. 1
We look forward to receiving the revisions and supplemental information and proceeding through the Major Impact Review process. Section 4-101 (B)(2)(a) stipulates that the applicant shall correct the deficiencies within 60 calendar days or the application will be deemed withdrawn. Feel free to contact me with any questions or request for clarifications regarding any of the above items. You may reach me via email at dpesnichak@garfield-county.com or at 970-945-1377 x1614. Sincerely, David Pesnichak, AICP 2
January 22, 2016 Clean Energy Collective c/o Richard Miller 361 Centennial Parkway, Third Floor Louisville, CO 80027 Reference: Major Impact Review for Solar Energy System, Large 35960 River Frontage Road, New Castle - Garfield County File Number MIPA 01-16-8415 Dear Mr. Miller, Garfield County is in receipt of an application for a Major Impact Review Land Use Change Permit application for a Solar Energy System, Large located at 35960 River Frontage Road, New Castle and identified by the County Assessor as Parcel Number 217912200350. This application was submitted on January 19, 2016 and has been reviewed for technical completeness. The application requested several submittal waivers of which the Director has reviewed. A waiver has been granted for the Development Agreement and Improvements Agreement only. General Application Materials: 1. The Application form was only signed by Brent Peterson. However, the property is owned by both Brent Peterson and Sandra Hannigan (or applicable estate). Please have the application signed by either all of the property owners or Richard Miller as the authorized representative. 2. The acreage represented on the application form appears to be in error. Please verify the correct property size is represented on the application form. 3. A Payment Agreement Form was not received. Please complete the Payment Agreement Form and submit it with the application. 4. A copy of the Pre-Application Conference Summary was not included with all paper application packages or the electronic application package. Please include the Pre-Application Conference Summary with all application packages. 1
5. Please include all digital documents in PDF format and organize the electronic and paper copies of the application in the following manner: 6. Section 4-203(1)(a) requires a letter of authorization if the applicant is not the owner of the property. A Statement of Authority has been submitted for Richard Miller as an agent of CEC Solar #1126, LLC. This statement of authority needs to be recorded with the Garfield County Clerk and Recorders Office. In addition, the letter of authorization signed by Dennis Hannigan to the Clean Energy Collective is not valid without demonstration that Dennis Hannigan, not Sandra Hannigan, is an owner of the subject property. 7. Section 4-203(2) states that the application shall include a deed or other evidence of the owner s fee title interest in the land for which a Land Use Change is proposed. A deed demonstrating ownership of the subject property has not been submitted. A review by the County Attorney s Office indicates that Sandra Hannigan is the owner of the property, not Dennis Hannigan. While it is understood that Sandra Hannigan is deceased, a probate will need to be opened to transfer ownership to Dennis Hannigan. To this end, either Sandra Hannigan s estate needs to be coapplicant on the application or ownership transfer to Dennis Hannigan needs to be demonstrated. Should Sandra Hannigan s estate sign as owner of the property, then a Statement of Authority identifying an agent of the estate needs to be signed and recorded. In addition, it appears that the lease has been signed by Dennis Hannigan, however without demonstration of ownership by Dennis Hannigan it appears that this lease is not valid. 8. Section 4-203 (B)(3)(a) requires that the applicant submit A list and map of real property, the owners of record and mailing address, within a 200-foot radius of the subject parcel While a list of property owners has been provided, mailing addresses were not included. Please submit a list of mailing addresses for the property owners within 200 feet of the subject parcel. 2
Vicinity Map 9. Section 4-203 (C) requires an 8-inch by 11-inch Vicinity Map locating the parcel in the County. The Vicinity Map shall clearly show the parcel and the boundaries of the subject site and all property within a 3-mile radius of the subject parcel. A vicinity map identifies the wrong parcel. Please provide an updated vicinity map. Landscape Plan A request for a waiver has been submitted but it has been determined by the Director that this information is critical for the review of the application. 10. Section 4-203 (F) requires submission of a Landscape Plan. Please provide a landscape plan in accordance with the submission requirements in Section 4-203(F) and demonstrates compliance with Section 7-303. Natural vegetation may be included with the landscape plan. A demonstration of how the facility will be visible from adjacent public rights of way would be very helpful in the review of this application as well as help demonstrate compliance with the goals of the Comprehensive Plan for this type of facility. Impact Analysis A request for a waiver has been submitted but it has been determined by the Director that this information is critical for the review of the application. 11. Section 4-203 (G) requires submission of an Impact Analysis. Applicable sections of the Impact Analysis may need to be produced by a qualified professional as required in Section 4-203 (A). Information on many of the items required in the impact analysis have already been provided throughout the application. In addition, Staff has provided several wildlife maps of the property utilizing Colorado Parks and Wildlife s publically available GIS data. Feel free to use these maps to partially address the wildlife portion of the impact analysis. Traffic Study, Access and Roadways A request for a waiver has been submitted but it has been determined by the Director that this information is critical for the review of the application. 12. Section 4-203 (L) requires submission of a traffic study. Such a study demonstrates development impact on public infrastructure even if such impact is de minimis as well as compliance with Section 7-107. The submitted traffic analysis should be reviewed by the preparing engineer to ensure compliance with this section of the LUDC. 13. Section 7-107 (F) require dimensional standards for roadways from the public right-of-way to the subject use. Compliance with Section 7-107 (F) is required. One notable dimension of this section requires a minimum ROW width of 15 feet. While the submitted lease describes access to the property, it does not ensure adequate ROW width or specific location of the access road. 14. Section 4-203 (L)(2)(b)(3) requires submittal of Permit requirements for access to a State Highway, railroad crossings, and status. While an access permit has been submitted for gravel extraction and concrete plant, the proposed use is not included. As a result, Staff is unable to determine the permit requirements from CDOT for the proposed use. Please provide an access permit from CDOT for access onto River Frontage Road that identifies the proposed use. 3
Water Supply and Distribution Plan A request for a waiver has been submitted but it has been determined by the Director that this information is critical for the review of the application. 15. Section 4-203 (M) requires submission of a water supply and distribution plan to demonstrate compliance with Section 7-104. Such a plan should state water needs during construction as well as post construction. Descriptions of water usage is provided in the application and as presented the waiver is not necessary. Wastewater Management and System Plan A request for a waiver has been submitted but it has been determined by the Director that this information is critical for the review of the application. 16. Section 4-203 (N) requires submission of a wastewater management and system plan to demonstrate compliance with Section 7-105. Such a plan should state wastewater needs during construction as well as post construction. Descriptions of wastewater disposal is provided in the application and as presented the waiver is not necessary. Reclamation, Revegetation, Soil and Weed Management Plan 17. Submission of a reclamation, revegetation and weed management plan are necessary to demonstrate compliance with Section 7-208 as well as compliance with the Garfield County Reclamation Standards and Revegetation Guidelines as adopted by the Board of County Commissioners (http://www.garfield-county.com/vegetation-management/ ). Such plans may need to be developed by a qualified professional as required by Section 4-203 (A). While some information has been provided within the application, it is understood that this study is underway and will be submitted when it is available. Article 7 Responses 18. The Article 7 responses reference the wrong parcel. Please correct these references in the responses. 19. Section 7-1101(A) is also a Standard applicable to the proposed use. Please include a response to this Section. We look forward to receiving the revisions and supplemental information and proceeding through the Major Impact Review process. Section 4-101 (B)(2)(a) stipulates that the applicant shall correct the deficiencies within 60 calendar days or the application will be deemed withdrawn. Feel free to contact me with any questions or request for clarifications regarding any of the above items. You may reach me via email at dpesnichak@garfield-county.com or at 970-945-1377 x1614. Sincerely, David Pesnichak, AICP 4
Narrative for Major Impact Review Land Use Change Permit Peterson Tract Garfield County April, 2016 This proposed project is within the Xcel Energy service area and a part of the Solar Rewards Community program for 2015. The subject property contains approximately 41.08 acres and is owned by the Peterson family. The property address is 35960 River Frontage Road, in New Castle. The proposed 1 MW facility will occupy approximately 7 acres and will be part of a +/- 10 acre lease parcel. A portion of the Peterson property is within the Zone A designation on the FIRM Panel 1111. The northern portion of the property is outside Zone A, and the proposed solar facility will be outside the 100-year flood plain. The proposed facility will incorporate a tracker system which allows the panels to move and track with the sun throughout the day (please see illustration below). There will be approximately 10,620 panels, an inverter which converts the DC power generated from the sun to AC power before it is uploaded into the Xcel Energy grid. Clean Energy Collective will own, operate, and maintain the system for up to 50 years. The panels within the solar garden will be sold to businesses and residents within Garfield County and surrounding counties who wish to offset their utility bill with clean, renewable power. TRACKER SYSTEM 361 Centennial Parkway, Suite 300, Louisville, CO 80027 // phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com
The inverter will be housed in wooden-frame structure to protect the equipment from the elements. Please see the photo below which shows the proposed structure. Proposed Inverter Shed Access to the proposed facility will be via an existing twenty foot (20 ) access drive off of the I-70 frontage road. This is also the existing access for the Peterson residence. The proposed facility will take approximately 8 weeks to construct. Once the construction phase is completed, the site will be visited 1-2 per year for routine maintenance. The maintenance vehicle is a standard size pick-up truck. The proposed facility is to be unmanned except during the construction phase. There will be no sanitary sewerage usage, however, during construction a san-o-let will be placed on site and will remain on site until construction is completed. Water is not typically required for our facilities. There are no odors, noises, or heat associated with solar facilities. There are no chemicals associated with the proposed facility. Fencing will be placed around the perimeter of the entire facility, in accordance with electrical code for 361 Centennial Parkway, Suite 300, Louisville, CO 80027 // phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com
power generation facilities. An eight foot (8 ) tall chain-link fence will be installed as shown on the site plan and in the photo below. If desired by Garfield County, an alternate game fencing solution can be incorporated. Typical Fencing on Perimeter of Lease Area Alternate Game Fencing on Perimeter of Lease Area 361 Centennial Parkway, Suite 300, Louisville, CO 80027 // phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com
Noise, Dust, and Glare Statement- for a Proposed 1 MW Solar Facility Garfield County, Colorado Clean Energy Collective is proposing a 1 MW community-owned solar facility at 35960 River Frontage Road in Garfield County, Colorado. Solar power generation facilities do not produce noise or dust, once they are constructed and producing power. There will be some noise and dust produced during the construction phase, however, it will be similar to noise and dust normally associated with construction site activity. Every effort will be made to minimize noise and dust during the construction phase. Construction activity will typically be from 7:30 AM to 5:30 PM, Monday through Friday. If dust becomes a problem during the construction phase, water trucks will be used, as needed, to control fugitive dust. The problem of glare from panels has been significantly improved over first generation panels. The panels being proposed for this facility are manufactured by First Solar. The panels will be on a tracker system, which means the panels will track the sun as it moves across the sky. Each panel will be have an anti-reflective coated glass, which significantly reduces glare over standard panels of the past. Should glare become an issue for surrounding property owners, Clean Energy Collective will work with the property owner(s) to minimize the impact of glare from the project. 361 Centennial Parkway, Suite 300, Louisville, CO 80027 // phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com
PHASING & CONSTRUCTION TIMING Clean Energy Collective Garfield County, Colorado Clean Energy Collective is proposing to build a 1 MW community-owned solar power generation facility on property owned by Brent and Shirley Peterson located at 35960 River Frontage Road, in Garfield County. This proposed project is part of the Xcel Solar Rewards Program and is required to be tied to the Xcel grid by December, 2016. The following is a summary of the proposed construction timing for the project: Land Use Approval (Major Impact Review) estimated date late June, 2016 Apply for Building Permit / Permit Issued early July, 2016 Site Mobilization Mid July, 2016 Array Construction Complete late June, 2016 Interconnection to Xcel grid Mid July, 2016 Re-seeding of disturbed area Mid to Late July Site Activity Complete Late July to Early August, 2016 Note: Dates are best estimates at the time of land use application submittal. This schedule is subject to change depending upon the timing for land use approval. In general, once construction begins on site, the array construction should be completed within 6 months. 361 Centennial Parkway, Suite 300, Louisville, CO 80027 // phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com
Vicinity Map Peterson Parcel North Site +/- 41.08 Acres