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HomeMy WebLinkAboutLUCP MIPA-01-16-841511111 cillifiK II ?id iiiI011 1C Mb h X1111 Reception#: 948041 01/04/2021 02:39;19 PM Jean Alberico 1 of 14 Rec Fee:$0,00 Doc Fee:0.00 GARFIELD COUNTY CO LAND USE CHANGE PERMIT for A 10 Acre Portion of a Larger 41.08 Acre Property Owned by DB Solar LLC Located at 35540 River Frontage Road, New Castle Colorado, 81642. The Property is Located East of the Town of Silt in Section 12, Township 6 South, Range 92 West of the 6th Principal Meridian (Assessor's Parcel No. 2179-122-00-350) In accordance with and pursuant to provisions of the Garfield County Land Use and Development Code of 2013, as amended, a Resolution of Approval (Resolution Number 2016-54) of the Board of County Commissioners of Garfield County, State of Colorado, and a Minor Modification (Recorded at Reception # 937007 — Attached as Exhibit "C") the following activity is hereby authorized by Land Use Change Permit: A Solar Energy System, Large as shown on the Site Plan Attached as Exhibit (MIPA-01-16-8415), This Land Use Change Permit — Major Impact Review is issued subject to conditions of approval as set forth in Exhibit "B" and as identified in the Minor Modification Attached as Exhibit "C" and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Land Use and Development Code, as amended, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. ATTEST: GD COUNTY BOARD OF IIIDUNTYWOMMISSIONERS, ARFIELp COUNTY, COLORADO Jerk of the Board 1 Date 11111krarfil 4titilik'IMARLII:OY 111111 Reception#: 948041 01104/2021 02:39:19 PMI Jean Alberico 2 of 14 Rec Fee:$0.00 Dcc Fee:0.00 GARFIELD COUNTY CO Exhibit A (Project Site Plan — Updated per Minor Modification from Reception # 937007) T;S�I/i m m iii. kr . t. is , w •' , .', r' kkt ;L �s 1 I_ p. R1 : . � - ;,tr 0. a '{ �.4�•.di� _- 4 • - ' Av .r '. t 111•�'�+ i"' b '� .5 f: i'�s„ .tiYi�/'3�+W`+ ''. , ,i ' +1�, r6 • s .. i :.,.;;T&Y090 ly' _ _� �+ Fes. _ i T , i . m i— C3 'J F ykf :I. I? i f.ry R iia$ -�3 v y, re +�• rya -5h -ikr ?; a 1. en 0.1w ; s�:i u tee: m PRO Er, 12� s r-,, •.. AY n.m.1u 1 .e' . ,� , 1111 EiraN1111.1:111E VIIVOMMKTIIW k 11111 Reception#: 948041 . 01104/2021 02:39:19 PM Jean Alberico 3 of 14 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXi71bIt B Conditions Prior to Issuance of Land Use Change Permit 1. The Applicant shall obtain a Notice to ,Proceed from CDOT for the access to the site. The Notice to Proceed shall be provided to the Garfield County Community Development Department prior to issuance of the Land Use Change Permit. 2. The Applicant shall execute and record the access easement from River Frontage Road to the site. A copy of the executed and recorded access easement shall be provided to the Community Development Department prior to issuance of the Land Use Change Permit. 3. The Applicant shall provide an explanation of the improvements necessary and anticipated for the access road and access point on to River Frontage Road. This explanation shall be reviewed and accepted by the Garfield County Contract Engineer prior to issuance of the Land Use Change Permit. 4. The Applicant shall address increased runoff and drainage from the impervious areas created by the solar panels prior to issuance of the Land Use Change Permit. This analysis shall be reviewed and accepted by the Garfield County contract engineer prior to issuance of the Land Use Change Permit. Conditions of Approval 5. That all representations made by the Applicant in the application shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 6. That the operation of the Clean Energy Collective — Solar Energy System, Large shall be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 7. The Applicant shall control fugitive dust during construction and operation of the site. 8. Signage around the perimeter of the facility warning of electrical shock must be installed. 9. The facility shall maintain compliance with Section 7-306 Lighting, with all lighting to be directed inward and downward toward the interior of the site. Facilities shall be painted a non -glare neutral color to lessen any visual impacts. 10. The Applicant shall comply with their Noxious Weed Management Plan including the best management practices. 3 1111 FaNIKVIVI Hlirin'a'glk 1' jrWing N ifi 11111 — Reception#: 948041 01/04/2021 02:39:19 PM Jean Alberioo 4 of 14 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 11. The solar facility area shall be surrounded by an 8' high game fence as approved by Colorado Parks and Wildlife. 12. Raptor nest deterrent shall be installed on any perch where electrocution to raptors or other nesting 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. To control the potential for grass fires, the operator shall keep the grass trimmed to no higher than 8 inches within the fenced lease area at all times. 15. The operator shall post the address for the lease area, 35540 River Frontage Road, at the commencement of construction for the site. The address shall be prominently displayed at the entrance gate to the facility. 16. A fire department Knox Box or Knox Padlock shall be installed at the entrance to the gate for emergency access. 17. The access road shall be designed and constructed to the Standards outlined in Section 7-107 of the Land Use and Development Code. 18. The landscaping shall be watered throughout the first 2 years after installation. 4 111111 FAZI41'1KII RN' II 101E112 11 11 1 Reception#: 937007 06/19/2020 03:44:23 PM Jean Alberico 1 of 10 Reo Fee:$0.00 Doo Fee10.00 GARFIELD COUNTY CO Exhibit C 1111 1rdrillKiNfLiihrgiNi 11114+1'01U E111 Iv111111 Reception#: 948041 01/04/2021 02:39:19 PM Jean Alberico 5 of 14 Rem Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Garfield County June 8, 2020 Pivot Energy Luke Rickard 1750 15th Street, #400 Denver, CO 80202 DIRECTOR DETERMINATION — Dear Mr. Rickard: Request for a Minor Modification to an Approved Land Use Change Permit — Resolution No. 2016-54 — File No. MPPA 04- 20-8786 This office has reviewed the request to amend the Land Use Change Permit conditional approval issued for a Solar Energy System, Large memorialized in Resolution 2016-54 (attached as Exhibit 1). The subject property is located at 35540 River Frontage Road, New Castle, CO 81647 and is currently owned by DB Solar LLC. The Assessor's Parcel Number is 217912200350. At this time the application has been conditionally approved by the Board of County Commissioners, but all conditions required prior to the issuance of the Land Use Change Permit have not been met. The requested amendment is to make technical and site plan changes as described in the attached letter, received on June 1, 2020 (attached as Exhibit 2). This includes changes regarding Nameplate Capacity Increases, Solar Module Selection, Electrical Equipment, Fencing, Access, and Inverter Housing. The applicant also included descriptions of equipment painting and equipment height, but no modification was requested with regards to either of these items. The equipment painting requirement is still subject to the Conditions of Approval as detailed in the Resolution. This Application has been reviewed in accordance with the Land Use and Development Code, Section 4-106 "Amendments to an Approved Land Use Change Permit". The provisions of this Section provide for a Decision by the Director of the Community Development Department as to whether the proposed amendment is a Minor Modification or Substantial Modification. 1 lb 11111 rrfMMIgnimiii i��W��1�1���:1411111 1111IWp�l'i l'i 114��1•A:1'Gi���'Il�����'�11�1A1`14ii h 11111 06/10/2020 03:44:230 PM Jean Riberico 01/04/2021 02:39:19 PM Jean Rlberico 2 of 10 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 6 of 14 Ree Fee;$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Based on the criteria found in Section 4-106(C), the Director has found your amendment request to be a Minor Modification and has approved your requested amendment subject to the following conditions: 1. All representations of the Applicant contained in the Application submittals shall be conditions of approval unless specifically amended or modified by the conditions contained herein. 2. All previous conditions of approval contained in Resolution 2016-54 shall remain in full force and effect. 3. The Applicant shall maintain compliance with all standards as required by the Land Use and Development Code of 2013 and previous approvals. Please contact this department if you have any questions. Sincerely, She I Bower, AICP Dire or of Community Development Department 2 1111 MAUI kvi1164 MriiiiIINAKO WNW id 111 11 i ReceptIen3t: 937007 08/18/2020 03;44:23 PM Jean Alberioo 3 of 10 Roo Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO 11111 In1111%11g4471'lf ,11,1.Lll11TIkE1''1 if 1' 1;1E 11111 Rcception11: 861114 aD/t6l2e16 89:35:59 AN .leas: Albarlco t or 6 Rea Foe:SO.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) l3 2 5 EXHIBIT 1111 It rRPKgi1TI Vitin1111,1k 11111 Recept1on#: 948041 01/0412021 02:39:19 PM Jean Alberico 7 of 14 Rec Fee:$0,00 Doc Fee:0.00 GARFIELD COUNTY CO At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building in Glenwood Springs on Monday, the day of August A.D. 2016, there were present: John Martin Mike Samson Tom Jankovskv Tam Williams Kelly Cave Jean AIberico Kevin Batchelder , Commissioner Chairman , Commissioner , Commissioner County Attorney (absent) . Assistant County Attorney . Clerk of the Board (absent) County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO J /6 5/ A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A SOLAR ENERGY SYSTEM, LARGE (M1PA-01-16-8415) OPERATED BY CLEAN ENERGY COLLECTIVE, ON A 10 ACRE PORTION OF A LARGER 41.08 ACRE PROPERTY OWNED BY BRENT LEWIS PETERSON AND DENNIS IIANNIGAN, LOCATED AT 35540 RIVER FRONTAGE ROAD EAST OF THE TOWN OF SILT IN SECTION I2, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE IQ PRINCIPAL • MERIDIAN, GARFIELD COUNTY PARCEL NO# 2I79-122-00-350 Recitals A. The Board of County Commissioners of Garfield County, Colorado, "Board" received a rcqurst for a Land Use Change Permit to allow a Solar Energy System, Large, as further described in Exhibit A, Site Plan. B. The Solar Energy System, Large, known as the Peterson / Hannigan Community Solar Array, is located on an approximately 10 acre portion of a 41.08 acre parcel of land owned by Brent Lewis Peterson and Dennis Hannigan. C. The subject property is Iocated within unincorporated Garfield County in the Rural zone district east of the Town of Silt off River Frontage Road and accessed by an approximately 380 foot private access road. 1 1111 RCM MIA ViliA t1 ��K���t�IIN1�Yi � Alli 1III1kr1PY ViAR#:HiA1P1‘101/ ' I LxAI'l'C 11111 06/10/2020 03:44 230F7i1 Joan gibeFloo 4 of 10 Rec 3!44 2 P Doc Fee:O.er GgRFIELD COUNTY CO Ftecept i 0 948041 01/04/2021 0Fee:$ 9 0 Jean glb00 Gc 8 of 14 Rec Fee: $0, 00 Doc Fee; 0.00 GRRFIELD COUNTY CO 11111 lFAZ>'VAT1VAYlri11111 RecepptIan#1: B011I4 09/16/2016 08:35:59 F11 Jean Alberico 2 of 8 Roc Fca:$0 OO Dap Fee -0.00 GRRFIELD GOGNIY G0 D. A Solar Energy System, Large may be permitted in the Rural zone district with a Major Impact Review. E. The Board is authorized to approve, deny or approve with conditions a Major Impact application resulting in issuance of a Land Use Change Permit pursuant to the GarfeId County Land Use and Development Code, as amended. F. The Planning Commission opened and closed a public hearing on the B''' day of June, 20 [6 for consideration of whether the proposed Land Use Change Permit should be recommended for approval or denial, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request, At this hearing, the Planning Commission voted 8-0 to recommend that the Board of County Commissioners approve the Land Use Change Permit with conditions. G. The Board of County Commissioners opened a public hearing on the day of August, 2016 for consideration of whether the proposed Land Use Change Permit should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. H. The Board of County Commissioners closed the public hearing on the 1$` day of August, 2016 to make a final decision. I. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: I. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The bearing 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 Clean Energy Collective — Solar Energy System, Large 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 the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. 1111 I pito #: 937007 MIT 1�1�Gia�I �kl���� W�h 11 IIS ■ill F anfili if;i4h�i4�l'�'idkovii:o d�nr4lid ■i III Reception#: 437807 05!1812020 03:44:23 AM Jean Albarico Rece 5 of 10 Rao Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO prion#: 948041 01/04/2021 02:39:19 PM Jean Albarico 9 of 14 Ren Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Reception#: 881114 08/1642016 08:35:59 AN Jean Albarico 3 of 6 Ren Foo:$0.00 Doc Fee:0.00 OARFIELD COUNTY CO RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The -forgoing Recitals are incorporated by this reference as part of the resolution. B. The Land Use Change Permit for a Solar Energy System, Large, also known as the Peterson / Hannigan Community Solar Array is hereby approved subject to compliance with the following conditions: Conditions Prior to Issuance of Land Use Change Permit I. The Applicant shall obtain a Notice to Proceed from CDOT for the access to the site. The Notice to Proceed shall be provided to the Garfield County Community Development Department prior to issuance of the Land Use Change Permit. 2. The Applicant shall execute and record the access easement from River ) Frontage Road to the site. A copy of the executed and recorded access J. \ easement shall be provided to the Community Development Department d c* prior to issuance of the Land Use Change Permit. o' 3. The Applicant shall provide an explanation of the improvements necessary and anticipated for the access road and access point onto River Frontage Road. This explanation shall be reviewed and accepted by the Garfield County Contract Engineer prior to issuance of the Land Use Change Permit. / 4. The Applicant shall address increased runoff and drainage from the impervious areas created by the solar panels prior to issuance of the Land C t 2e r1P4 Use Change Permit. This analysis shall be reviewed and accepted by the � iGarfield County contract engineer prior to issuance of the Land Use .7=0/16 9 Iy Change Permit. Conditions of Approval 5. That all representations made by the Applicant in the application shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 3 Ill POW? MAN lilliNthgilinvou 11111 1111 r innumun li T . iitililiCAN ikil 11111 Reception#: 937007 Reception#: 948041 06/19/2020 03:44:23 PM Jean Alberloo 01/04/2021 02:39:19 PM Jean Alberico 6 of 10 Rem Fee:$0.00 Dec Fee:0.00 GARFIELD COUNTY CO 10 of 14 Rec Fee:$0.00 Doe Fee:0.00 GARFIELD COUNTY CO ®III f111Z01')f 11:1' 1el,l Ali :tff,l 'f siCitil'IlrYi;'1', 1E111 Reception:1: 881114 68/16/2016 08;2559 A11 Jean AIberlco 4 of 6 Rec Fee:$0.D0 Doc Fee:0.00 GARFIELD COUNTY CO 6. That the operation of the Clean Energy Collective — Solar Energy System, Large shall be done in accordance with all applicable Federal, State, and Local regulations governing the operation of this type of facility. 7. The Applicant shall control fugitive dust during construction and operation of the site. 8. Signage around the perimeter of the facility waming of electrical shock must be installed. 9. The facility shall maintain compliance with Section 7-306 Lighting, with all lighting to be directed inward and doward toward the interior of the site. Facilities shall be painted a non -glare neutral color to lessen any visual impacts. 10. The Applicant shall comply with their.Noxious Weed Management Plan including the best management practices. 11. The solar facility area shall be surrounded by an 8' high game fence as approved by Colorado Parks and Wildlife. 12. Raptor nest deterrent shall be installed on any perch where electrocution to raptors or other nesting 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: To control the potential for grass fires, the operator shall keep the grass trimmed to no higher than 8 inches within the fenced lease area at all times. I5. The operator shall post the address for the lease area, 35540 River Frontage Road, at the commencement of construction for the site. The address shall be prominently displayed at the entrance gate to the facility. 16. A fire department Knox Box or Knox Padlock shall be installed at the entrance to the gate for emergency access. 17. The access road shall be designed and constructed to the Standards outlined in Section 7-107 of the Land Use and Development Code. 18. The landscaping shall be watered throughout the first 2 years after 4 1111 r ri:FAirr'>J ! ARGVIICR' L� NNW t III Reception#: 937007 06/1B/2020 03:44:23 PM Jean Alberico 7 of 10 Reo Fee:50.00 Doc Fea:0.00 GARFIELD COUNTY CO 1111 Erirl001.:14N1111.E 1.11111`017106i ,11111 Reception#: 881114 08/1612015 00:35:59 AM Dean AM:erica 5 of 6 Rea Feo:$D.00 Dai Fee:0.00 GARFIELD COUNTY CO installation. 1111 Rye rwid av iiiii inau 11 11 1 Reception#: 948041 01/04/2021 02:39:19 PM Jean falberico 11 of 14 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Dated this 15+ day of . , A.D. 20 !lam ATTEST: Clerk of the Board GARFIELD CO • TY BOARD OF COMMISS ONERS GARFIELD 0 ,COLORADO Chaff Upon motion duly made and seconded the or following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY oing Resolut was adopte STATE OF COLORADO ) )ss County of Garfield ) _, Aye , Aye , Aye by the County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at GIenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners •mJ<Iir1iw[iimicC1ITlkNIYfY10rrlifili1If 2111 1,111 Rec©ption#: 937007 06/16/2020 03:44:23 PM Jean Rtbarico B of 10 Roo Fee:$0.00 Doc Fec:0.00 GARFIELD COUNTY CO ,III ylydrog,a`ii*ri Nik,lo ci��f zT kit 11111 Reception#: 948041 01/04/2021 02:39:19 PM Jean Alberico 12 of 14 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO 2111 Rrlfear:CIDK9g,llrl.i: bbl/l'd lr'!Ad°Ktli1i, il11!! Receptiah33: 6811I4 06/16/7016 0e:35:59 ACI Jean Rlberico 6 of 6 Roc Fee.$0,C0 Occ Fee:0 00 GARFIELD COUCRY CO EXHIBIT A SITE PLAN efil.WILRL"D'FoX 1 0 Z Pivot 1-;,--.1.4kb Energy June 1.2020 1111 KANN MOTOMini:6141141W Li 11 fill Reeept ion## : 937007 06/19/2020 03:44:23 PM Jean Alberlcc 9 of 10 Ren Fee:$0.00 Doc Fee:0.00 GARFIELO COUNTY CO Mr. Patrick Waller, Senior Planner Garfield County Community Development 108 8'h Street, Suite 401 Glenwood Springs, CO 81601 EXHIBIT z 1 11111 dlI 'II0Phil ICI1471 7r'VLi111ViY 11111 Reception#: 948041 01113/of/1421 Re©zFee:$0.00 DocaFee:0.00co GARFIELD COUNTY CO RE: Request for Minor Modification to Land Use Change Permit (Major Impact), Parcel ID# 2179-122-00-350 Dear Mr. Waller: Pivot Energy (Pivot) hereby requests that the Garfield County Community Development Director and Staff review and approve our request for a finding of Minor Modification to the Land Use Change Permit for a Solar Energy System on Parcel 2179-122-00-350, as granted under Resolution 2016-54 and subsequently amended or extended under Resolutions 2017-38 and 20'19-31. We believe that this Minor Modification request meets all the necessary criteria outlined in Garfield County Code 4-106(C). Explanation of Modifications The modifications proposed by Pivot will result in a Solar Energy System that is materially and functionally comparable to the originally approved project. The primary factor behind the changes is that, whereas the original project was designed to accommodate a single Xcel Energy Solar*Rewards Community (S'RC) project award on the site, Pivot plans to co -locate two S*RC awards on the same site. These projects are identified as the Mtn Solar 5 LLC (SRC# and the CO However due to improvements in solar module efficiency, this will be accomplished within the 10 -acre footprint originally approved for the projects. The primary technical differences are outlined below: 1. Nameplate Capacity Increase: the original submission package detailed a solar project with a nominal 1 - megawatt (AC) generation capacity at the inverters. The revised plans to which Pivot is planning to build call for a combined nameplate capacity of 1.35 -megawatts (AC) at the inverters across the two solar arrays shown on the attached plans. Each project award may have a generation capacity of up to 1 megawatt (DC) each, for a combined maximum total of 2 -megawatts (DC). 2. Solar Module Selection: the original submission package called for the installation of approximately 10,620 solar modules rated at 110 watts each. Pivot's design includes a total of approximately 5,000 solar modules rated at 360 watts each. The higher wattage rating allows us to achieve an increase in generation capacity while remaining within the overall project footprint of 10 acres and installing fewer solar modules. Pivot is also proposing to install polysilicon solar modules instead of the thin film solar modules originally represented. Polysilicon modules are the industry standard selection and are preferred to thin film products due to their ease of installation and more environmentally -friendly components. Please note that the final wattage classification of the modules is subject to market availability at time of construction. 3. Electrical Equipment: because we are siting two S'RC awards onsite, Xcel requirements dictate that each award have separate and unique locations for electrical equipment such as the utility transformers, facility switchgear and so on. This will result in the construction of an extra concrete pad on site to house the equipment. The electrical equipment itself will be as originally conceived. 4. Fencing and Access: operational standards require us to fence each SRC award separately. As shown on the attached plans, this will result in each electrical equipment pad being accessed by a dedicated gate with a delineating fence between the two associated solar arrays. The fence will remain the same as originally approved (8 ft game fence) and shared street access will be taken along a common easement leading from the same single access point off River Frontage Road as previously represented. In order to accommodate the separate access requirements, the access driveway will be approximately 120 feet longer than previously considered. 5. Inverter Housing: The original application showed a typical "housing" that would be constructed over the inverters with a roof and open sides. The inverters that we are proposing are different in a couple of ways. Firstly, they are smaller and instead of occupying a central point in the array architecture they may be distributed across the electrical system in a more modular fashion; for example, they may be mounted on the end of the tracking rows. Secondly, all inverters are NEMA -rated for outdoor use and the additional structure is unnecessary. Our plans do not contemplate the construction of custom-made inverter housing. pivotenergy.net Pivot �1► Energy 1111 PanteRh RI I iivkl11107111611IOU 11 111 Recep$ion#: 937007 06/18/2020 03:44:23 PM Jean Rlberlac 10 of 10 Rao Fee:$0.00 Doc Fee:0,00 GARFIELD COUNTY CO 6. Equipment Painting: Condition 9 requires all equipment to be painted a non -glare neutral color. To clarify, all electrical equipment will be sourced from reliable electrical component suppliers. The equipment on the pad will be of standard utility grade and rated for outdoor installation and use. As such, these items are supplied from the manufacturer with finish colors of gray or green that are commonly seen on outdoor electrical equipment. We believe that the standard electrical equipment finish will meet this condition and are not planning to re -paint these items after installation. 7. Relative Equipment Heights: Definitive values for the proposed height of electrical equipment are not _ readily available upon review; however, we believe that there will be little difference in equipment elevations above finish grade. As shown on the plans, the height of the solar array rows will be approximately 5 feet when flat; at maximum tilt (early moming or late afternoon), the highest point of the solar panel will be approximately 8 feet. Elevation of pad -mounted electrical equipment will be approximately 8 feet. These dimensions are typical for the use and are not expected to be a significant Ua departure from the original proposal. The balance of Pivot's proposed installation is functionally the same as that which was originally proposed. The ▪ Q m project will still track the sun from east to west throughout the day; the rows within the solar array will still be cu_ oriented north to south; and the project will still occupy the same corner of the lot as originally approved. As shown --No on the plans, the total area within the perimeter fence will not exceed 10 acres. The proposed equipment will meet t' 0 all applicable utility, State and Federal operational standards and regulations. When viewed from the street, the - -.0.m Pivot facility will be essentially indistinguishable from the originally proposed project. m01a - aC) m Statement of Compliance ymn - Except where changes discussed above may differ from the technical representations made at the original time of ■ Ei application, Pivot is not seeking relief from any of the original Conditions of Approval listed under Resolution 2016- - .°0.4 54. The project will comply with all applicable Conditions of Approval. Construction and operation of this Solar .~ Qg.- Energy System will be conducted in accordance with all applicable Federal, State and local regulations. po r©a IN We trust that Garfield County Community Development will agree that these design changes qualify as a Minor Modification to the approved Land Use Permit for this project. It is our intention to quickly move to complete any outstanding prior conditions and commence construction on this project in the very near future. We look forward to continued discussions with your office on this topic and stand ready to provide any additional information that would aid in your review and determination. Sincerely, LUKE RICKARD 1 Director, Project Development lrickard@pivotenergy.net D 970.819.2252 Enclosures: 1. Vicinity Map and Site Plan (dated 04.15.2020) 2. Copies of Resolutions 2016-54, 2017-38 and 2019-31 3. Signed Application Form 4. Signed Payment Agreement Form 5. Signed Certification of Mineral Ownership 6. Signed Statement of Authority for DS Solar LLC 7. Signed Authorization Letter from DB Solar LLC pivotenergy.net