HomeMy WebLinkAbout1.04 Application Part5AES Peace Bear Ranch Solar – Land Use Change – Major Impact permit application (11/5/2021)
AES Peace Bear Ranch Solar – Garfield County 30
Improvements Agreement Waiver
Provided that the AES Peace Bear Ranch Solar project is not seeking or requiring public improvements
in services as part of its development, AES respectfully requests a waiver on the Improvements
Agreement described in Article 4-203.K.
IMPROVEMENTS AGREEMENT
Section B7
AES Peace Bear Ranch Solar – Land Use Change – Major Impact permit application (11/5/2021)
AES Peace Bear Ranch Solar – Garfield County 31
Development Agreement Waiver
Provided that the AES Peace Bear Ranch Solar project will be built in one continuous phase beginning
as soon as mid-November but extending through 2022 with an expected completion no later than
December 31st, 2022, AES respectfully requests a waiver on a Development Agreement described in
Article 4-203.J.
DEVELOPMENT AGREEMENT
Section B8
AES Peace Bear Ranch Solar – Land Use Change – Major Impact permit application (11/5/2021)
AES Peace Bear Ranch Solar – Garfield County 32
Wastewater Infrastructure Waiver
The planned solar facility will be unmanned during operation with all site monitoring during operations
being managed remotely. Scheduled visits for landscaping or equipment maintenance are expected to be
less than 6 times per year unless more visits are necessary to replace faulty equipment. As such and with
no permanent employees onsite, there is no need for permanent wastewater collection or treatment
onsite during the operational phase of the facility as it will not generate wastewater. A waiver from the
wastewater system requirements of either a public sewer system extension or onsite wastewater
treatment system as detailed in Sec 7-105. B is hereby requested.
For the construction period, AES has secured a Will Serve letter from Redi Services, LLC, for
wastewater services for personnel. For porta-johns, typically one facility is provided for every ten site
workers.
See the following pages for the Will Serve letter.
WASTEWATER PLAN
Section B9
9/16/2021
Page 1 of 1 Redi Services, LLC
2143 Airport Road
Rifle, CO 81650
970-625-0233
AES Clean Energy,
Will Serve Letter for Peace Bear Solar LLC. Located at 2714 County Road 331 Silt, Colorado 81652
To whom it may Concern,
Redi Services, LLC will provide Waste Management services as needed for as long as required for the project described
as Peace Bear Solar LLC and Located at 2714 County Road 331 Silt, Colorado 81652. Redi Services has sufficient
personnel and resources to serve this project and is located within Garfield County at 2143 Airport Road Rifle, Colorado
81650. All waste streams created would be disposed of at Garfield County Landfill Located at 0075 Co Rd 246, Rifle, CO
81650. If you have any questions, please feel free to contact me.
Respectfully,
Craig Abernathy
Regional Director - Western Colorado, Wyoming, Utah, Idaho
REDI SERVICES since 1982
Safety and excellence in industrial services
2143 Airport Rd, Rifle, CO 81650
t (970) 625-0233 | c (970) 309-1234 | f (970) 625-0232
e cabernathy@RediUSA.com
AES Peace Bear Ranch Solar – Land Use Change – Major Impact permit application (11/5/2021)
AES Peace Bear Ranch Solar – Garfield County 33
Water Distribution System Waiver
The planned solar facility will be unmanned during operations with all monitoring being managed
remotely. As such and with no permanent employees onsite, there is no need for permanent water
distribution service to the facility. Any needs for water during construction (e.g. dust suppression) will
be served by trucking in water. If the operator decides to clean the solar arrays, de-ionized water will be
required and will be trucked in for that purpose. A waiver from the distribution system requirements as
detailed in Sec. 7-105. A is hereby requested.
For the construction period, AES has secured a Will Serve letter from Rifle Creek Pure Water for
requisite water supply. Water supply amounts and frequencies for construction needs is still to be
determined by the final contractor.
See the following pages for the Will Serve letter.
WATER SUPPLY PLAN
Section B10
From:Jason Owens
To:Joshua Mayer
Subject:FW: Service Confirmation Email from Rifle Creek Pure Water
Date:Friday, October 8, 2021 1:07:29 PM
Here’s the Will service email from Rifle Creek Pure Water in Rifle.
Let me know if this is what you need for Garfield County. JO
From: Jeremy Young <rcpw2018@gmail.com>
Sent: Friday, October 8, 2021 12:09 PM
To: Jason Owens <jason.owens@aes.com>
Subject: Service Confirmation Email from Rifle Creek Pure Water
USE CAUTION: External Sender
Jason,
Rifle Creek Pure Water services all areas from around Grand Junction, Co to Edwards, CO, potable
and non-potable needs. NOTE: all water hauled IS Domestic Water.
this includes:
Peace Bear Ranch
2714 CO RD 331
Silt, CO 81652
and
High Mesa Site
1691 CO RD 300
Parachute, CO 81635
Thank You!
~Jeremy
Rifle Creek Pure Water
PO Box 1392
Rifle, CO 81650
(970) 319-6622
AES Peace Bear Ranch Solar – Land Use Change – Major Impact permit application (11/5/2021)
AES Peace Bear Ranch Solar – Garfield County 34
LUDC Article 7 Standards 1, 2 & 3 and 7-1101
7-101: Zone District Use Regulations: The Land Use Change for Peace Bear Ranch solar facility will
comply with Article 3, Zoning, and any applicable zone district use restrictions and regulations
7-102: Comprehensive Plan and Intergovernmental Agreements: The Land Use Change is in general
conformance with the Garfield County Comprehensive Plan 2030 (GCCP) and, to the best of Applicant’s
knowledge, complies with any applicable intergovernmental agreement. The GCCP encourages the
development of renewable energy generation resources for the benefit of individuals, communities and
the County as a whole. The proposed site is outside the Urban Growth Area for Silt CO but within the
designated 3-mile influence area for Silt, and the proposed use is compatible with the low-density
residential (10+ac) future use designation. In terms of scale, this use is low in profile. Solar energy
generation is, by nature, a passive use of energy generation technology and is consequently low in intensity
in comparison to other uses. The facility will not be a significant source of dust, glare, noise, air or light
pollution, and will not generate heavy traffic over its expected lifetime.
As such the proposed use, at a reasonable distance away from the few rural residences nearby, is a good
fit on this vacant property which is already bordered by other energy developments such as oil and gas
activities.
Please see Appendix C7 for the SolarForge Glare Study that AES performed for the site indicating that
there are no anticipated incidences of “yellow” or “green” glare from observational points to the Project
7-103: Compatibility: Solar farms are passive facilities that operate in silence, emissions-free, and
absent of daily traffic. Provided that the property siting the Project is in an area of high-density oil and
gas operations, the proposed facility would be keeping in line with the natural resource focus of land use
in the area. Furthermore, given its location several miles from the Town of Silt on elevated land above
the valley floor, there are few nearby points from which the project is in public view.
7-104: Source of Water: The proposed solar facility will not require water for operation. Any water
required for construction or maintenance will be supplied by a licensed water hauler. Please refer to the
Will Serve letters provided in Sections B9 and B10 from Redi Services, LLC and Rifle Creek Pure Water.
7-105: Central Water Distribution and Wastewater Systems: The proposed use, as an unmanned
facility, will not require central water distribution or wastewater systems.
7-106: Public Utilities: Proximity to electrical distribution infrastructure is the prime factor in selecting
this site for the proposed use. There is a three-phase line operated by Holy Cross Electric approximately
500 feet east of the proposed solar array areas to which the facilities may interconnect. The utility will
NARRATIVE RESPONSE TO ARTICLE 7 STANDARDS 1, 2, 3 AND SECTION 7-1101
Section B11
AES Peace Bear Ranch Solar – Land Use Change – Major Impact permit application (11/5/2021)
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draft, and the landowner will execute, any necessary easements for the installation and maintenance of
utility equipment required for the interconnection of the solar facilities to the power grid, such as power
lines and associated equipment. It is expected that the utility transformers and other similar equipment
will be mounted above ground on concrete pads, and that any power lines connecting the facility to the
adjacent power line will be underground. Such utility easements will not be dedicated to the public. There
are no prior legal encumbrances on the parcel that would conflict with the likely path of such easements.
Please see Appendix C8 for a Letter of Attestation from Holy Cross Energy.
7-107: Access and Roadways: Subject parcel already has legal access to the proposed array areas from
I-70 and Mamm Creek Road, as well as private road access across the properties belonging to Eagle
Springs Organic, LLC, and TEP Rocky Mountain, LLC, which will adequately and safely serve the
proposed use. Improvements to the above-mentioned roads will not be necessary and traffic generated by
the construction or operation of the facility is not anticipated to cause any significant impacts to public
rights-of-way. AES will improve to necessary standards the final 1000’ of access to the Project parcel
along an existing jeep track which is flat in nature.
Please refer to Section B5 for the Traffic Study detailing this further, as well as Section B6 for proof of
easement agreements.
7-108: Use of Land Subject to Natural Hazards: AES has conducted desktop analysis and various
studies on the land and does not believe the designated solar array areas to be subject to significant risk
from natural hazards such as floods, avalanches, landslides, or earthquakes.
7-109: Fire Protection: All equipment installed at the proposed solar facility will be new, of good
quality, UL-listed, and will meet all established testing and safety parameters, including compliance
with NFPA 855 and UL 9540. The solar facility will be primarily constructed from non-combustible
materials such as glass, aluminum, and steel. Electrical fires at solar generation facilities are rare and
there are safeguards built into the system design to shut down operations should dangerous conditions be
detected. Most fire concern with solar installations of this nature comes from the possibility of the
installation being impacted by brush fires that originate elsewhere but shift to threaten the equipment.
Mitigation of fire danger will be achieved by keeping the vegetation under the arrays and within the
perimeter fence trimmed and ensuring regular maintenance of the solar generation equipment. Sufficient
space of a minimum 15 ft. will be left between the solar array perimeter and the perimeter fence to allow
for access in case of fire, and the dedicated array driveways will be able to safely accommodate fire-
fighting trucks and equipment. The local fire protection district will be provided with the gate code for
access should it be required, and AES will follow the recommendations of district staff after their review
of this application.
Furthermore, AES leverages our 24/7 Remote Operations Center (ROC) as our “supervising station”.
The ROC uses a high security communications link to our Data Acquisition System (DAS) to monitor
sites and receive alarms. Alarms related to fire suppression systems, such as high internal air
temperature and impairment or discharge of fire suppression elements, are prioritized as “Critical”.
AES Peace Bear Ranch Solar – Land Use Change – Major Impact permit application (11/5/2021)
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Upon receipt of a Critical alarm, the ROC will immediately contact the Project’s respective field
services technicians via phone call, regardless of the time of day. The technicians will be equipped with
local emergency contact information through prior consultation with local first responders and, upon
receiving notification from the ROC about a fire suppression system-related alarm, will notify those
local contacts.
Please see Appendix C9 for AES’ Fire Risk Assessment report for the proposed battery storage
configuration for AES Peace Bear Ranch Solar.
Prior to operation, AES will also provide first responders with a site orientation and presentation on the
facility and provide links to third party resources should further training on firefighting around electrical
system, including PV arrays, be desired.
See Appendix C12 for the standard Operations and Maintenance Schedule planned for AES’ facilities,
detailing frequencies with which systems, componentry, and vegetation need be inspected and managed
to ensure optimal performance and reduced likelihood of system failure or fire hazard.
7-201: Agricultural Lands: There is no known adverse effects of solar installations on adjacent or nearby
lands. In fact, it is possible to conduct agricultural activities on the same footprint concurrently with solar
operations. The system operator will follow all county regulations, if applicable, regarding the control of
domestic animals; maintenance of the perimeter fence; and road maintenance and dust control.
It is not believed that this project has any direct nexus with the standards for irrigation ditches described
in 7-201.E, most specifically since none of the ditches on the property that are also within the Project
lease area belong to the jurisdiction of a formal ditch company, rather are private in nature and belong to
the Peace Bear Ranch, LLC. The Multa Trina ditch does transect a southwestern corner of the property
that lies outside of the fenced Project boundary. AES has proactively reached out to several contacts at
the company including the President, Jackie Burris, and has not received any feedback of concern
regarding siting of the solar facility and perceived impacts to the maintenance and operation of the ditch.
Still, a minimum of 20’ setback will be maintained along the full length of existing ditches and access
will not be impeded to either the Multa Trina ditch or the private ditches. All crossings will be to code
and not impede hydraulic flow characteristics.
See the Site Plan in Section B2 for further detail.
7-202: Wildlife Habitat Areas:
In all, nine federally listed species under the ESA and seven state special status species were identified
that have the potential to occur, at least seasonally, in the Project area or surrounding vicinity. However,
no federal species were determined to have the potential to occur within the Project area due to a lack of
suitable habitat. Therefore, no federal species would be affected directly or indirectly by Project activities.
AES Peace Bear Ranch Solar – Land Use Change – Major Impact permit application (11/5/2021)
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Habitat for two state species of special concern (midget faded rattlesnake and northern leopard frog) was
noted to occur in the Project area. However, these two species are unlikely to occur in the Project area or
be impacted by Project activities because the available habitat is of lower quality and/or would only be
used for transient movement. Foraging habitat for the peregrine falcon and Townsend’s big-eared bat was
also noted to occur within the Project area. Raptors and various other migratory bird species were detected
in the Project area during the surveys. Therefore, to avoid violating federal law (MBTA and BGEPA),
nesting surveys are recommended prior to Project activities if construction is scheduled to occur inside of
the nesting season (February 15–July 15 for raptors and May 1–August 31 for other migratory birds)
(CPW 2020b).
The Project area contains habitat for big game species, including mule deer (Odocoileus hemionus) and
Rocky Mountain elk (Cervus canadensis). Specifically, the Project area contains severe winter range and
winter concentration area for elk and mule deer. Functional habitat loss would occur as a result of the
Project because the Project area contains moderate quality habitat for big game winter forage (sagebrush)
and cover (pinyon-juniper). The Project area contains about 45 acres of sagebrush habitat with adjacent
and surrounding patches of pinyon-juniper habitat. The sagebrush in the Project area is low growing,
averaging about 1 foot tall, with mixed grasses and forbs. Disturbances on pinyon-juniper habitat would
mostly be avoided, but much of the sagebrush habitat would be disturbed or otherwise functionally
removed and replaced with native grasses. The southeastern section of the Project area is dominated by
noxious weeds and mixed grasses. Cattle grazing and agricultural disturbances have likely contributed to
the spread of noxious weeds in the Project area. The Project area is also being used for dumping trash and
other waste/debris. While big game species likely forage in the general area and use the pinyon-juniper
habitat for winter cover, the Project area represents moderate quality habitat due to the extensive noxious
weeds, cattle grazing, and human disturbances. Elk and mule deer would migrate to more productive
habitats at higher elevations in spring and summer.
In order to minimize disturbances on elk and mule deer, no Project activities would occur between
December 1 to April 30 (CPW 2021e). Exceptions to this time limitation for construction or related Project
activities would not be permitted for this Project (CPW 2021f). CPW would require that off-site mitigation
occur at a 1:1 ratio to offset the loss of functional habitat due to the Project (CPW 2021e; CPW 2021f).
As the Project proceeds, AES would continue to coordinate with CPW regarding an off-site mitigation
strategy in an effort to identify a habitat improvement project(s) that would aid local wildlife (CPW
2021f).
The Project is not expected to result in the death of individual special status species (federal or state listed)
but would result in the loss of some habitat, primarily for big game species. Therefore, the Project would
require three key impact minimization measures for protecting big game wildlife, including: (1) wildlife
exclusion fencing, (2) seasonal construction limitations, and (3) mitigation for functional habitat loss.
Please see Appendix C2 for the complete Biological Resources report detailing USFWS and CPW
consultations and analysis, including the USFWS IPaC report, site photos, and vegetation and wildlife
habitat maps.
AES Peace Bear Ranch Solar – Land Use Change – Major Impact permit application (11/5/2021)
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Please also refer to Section B4 for the revegetation plan detailing an appropriate seed mix and application
rate recommended for the Project’s location from the Natural Resources Conservation Service (NRCS),
featuring mostly Western wheatgrass, Indian rice grass, Bluebunch wheatgrass, and Galleta grass, among
others.
7-203: Protection of Waterbodies: The facility has been designed to avoid impacts on wetland areas in
the Project area. Please refer to the included Site Plans and its 35’ setback recommendations. The
construction of the solar array will not require the removal of vegetation within the setback area, or the
permanent alteration of the current surface drainage characteristics. There will be no permanent storage
of hazardous chemicals or road salt within the Project area.
Please see Appendix C1 for a formal wetland delineation of the site.
7-204: Drainage and Erosion: As detailed in the Stormwater Memo and Management Plan, the
installation of the solar arrays will disturb much of the project footprint during construction prior to
revegetation efforts and will produce 46,596 sf (1.07 acres) of impervious area which covers 1.32% of
the project site. The project will be subject to the CDPHE NPDES permit requirements, an application
for which was submitted the week of November 1st, 2021. Onsite drainage patterns will be maintained
with exception to minor grading related to proposed gravel roads, therefore a Drainage Report is not
required per county standards. Stormwater Management (treatment & detention) are not required
because the proposed impervious area is not expected to significantly alter stormwater quality and
quantity and existing drainage patterns are maintained. Using a grass seed mix to restore all areas of
disturbance, stormwater quality will be improved through a native seed mix. The mix will also
decrease the quantity of stormwater runoff previously experienced on site. The proposed access road
will require the installation of six culverts to maintain drainage of upstream areas. Initial sizing has been
provided and will be refined as the site design develops.
For further details, please see Section B2 for the Site Plan and page C1-06 for the Drainage and Erosion
plan. Also reference Appendix C6 for the Stormwater Memo and Appendix C6a for the receipt of
submission to CDPHE. The full Stormwater Management Plan submitted to the CDPHE will be sent to
the County as a separate addendum given its size.
7-205: Environmental Quality: The completed facility is expected to have zero negative impact to air
quality, and no permanent storage of hazardous materials will occur onsite.
7-206: Wildfire Hazards: The subject property is designated as “NR to Low” fire danger according to
the Wildland Fire Susceptibility provided by Garfield County. Still, the facility will consist primary of
noncombustible materials such as steel, glass and aluminum and vegetation will be maintained to reduce
potential fuels and associated fire danger, in addition to providing setbacks of at least 15’ between
perimeter fencing and array locations and the siting of gravel interior access roads near key equipment
as another form of fire break. The battery storage containers include their own fire suppression
equipment as detailed in Appendix C9.
AES Peace Bear Ranch Solar – Land Use Change – Major Impact permit application (11/5/2021)
AES Peace Bear Ranch Solar – Garfield County 39
Please see the attached Wildland Fire Susceptibility Index map from Garfield County in Appendix C10.
7-207: Natural and Geologic Hazards: The proposed site is not known to be marked as a Hazard Area
for avalanche, landslide, or rockfall. Construction is not proposed in an alluvial fan area or on slopes of
20% gradient or greater, or otherwise unstable slopes, nor within any designated mudflow areas or over
any known faults. A geotechnical investigation of the area revealed a moderate to high potential for
corrosive soils to be present onsite. An experienced corrosion engineer will be retained and all concrete
slab and driven steel foundations will be designed with sufficient protection to allow the facility to meet
its design life expectations according to the native soils’ corrosive and/or expansive properties as detailed
in the geotechnical report.
Please see Appendix C11 for the Geotechnical Engineering report prepared by Terracon.
7-208: Reclamation: After construction, all areas within the site fence line will be over-seeded with the
proscribed seed mix consisting of native, low-growth plant species and established in accordance with
County standards. No major changes to the existing site topography are proposed. Please refer to the Site
Plan in section B2 and the comprehensive Vegetation Management Plan in section B4 for more details.
7-301: Compatible Design: Project area is zoned Rural, with Rural zoning on the three adjacent sides.
On the east side the property is zoned Planned Unit Development. The proposed use is considered to be
low-impact both with regard to the land on the subject parcel and to neighboring parcels, although a few
neighbors in immediate proximity to the site to the north and some further to the east will have visual
exposure to the Project. Outreach to adjacent property owners has not yet led to any requests for screening
measures.
Outside of the relatively short construction period, where some noise, fumes, and dust can be expected
from the operation of construction equipment typical to any development activity, the facility will not be
a significant source of dust, odors, gas, fumes or glare throughout its operational life. The solar facility
will be sited at a minimum of 100 ft setback from property lines in compliance with its categorization as
an Industrial Use per 7-1001 B.
Please see Section B-12 - Impact Analysis for discussion of glare potential at the project location.
7-302: Off-Street Parking and Loading Standards: The proposed use of a Solar Energy System – Large
is not found in Table 7-302.A. As an unmanned facility, permanent parking is not necessary for this use.
Designated areas for craft parking will be identified during construction, and no street or right-of-way
shoulder parking will be permitted either during the construction or operational phases of the project. Site
design is proposed to allow for trucks delivering equipment and construction materials to pull completely
off County Road 331 (Dry Hollow Road) before unloading. Permanent loading bays are not appropriate
for this use as there is no building proposed that could accommodate loading bays, and very few additional
deliveries of equipment or materials are anticipated during the operational life of the facility.
AES Peace Bear Ranch Solar – Land Use Change – Major Impact permit application (11/5/2021)
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7-303: Landscaping Standards: AES has prepared a re-vegetation plan for all disturbed areas within the
solar array fence lines, with recommendations for the planting and establishment of ground cover
depending on the season in which construction is completed. All species will be selected as native,
drought-tolerant grass species with a relatively low growth profile, to minimize the potential for shading
of the solar arrays and to minimize susceptibility to fire danger. The land in question is dry, with poor
soils, significant sun exposure and very little rainfall. As such, the planting of additional trees or shrubs is
not recommended in keeping with 7-303.C, where landscaping must be consistent with the unique
ecosystem and specific environment local to the development. There is very little likelihood that such
larger vegetation would be able to establish itself or thrive in such an environment, as shown by the sparse
vegetation currently present on the parcel.
Please see Section B4 for the Vegetation Management plan.
7-304: Lighting Standards: Perimeter or security lighting is not proposed for this facility. As the facility
will automatically cease to operate after daylight hours, there is no real need for significant lighting to be
installed anywhere on the property. It is likely that each equipment pad will feature a single task light with
a manual switch, to be used if maintenance or repair to the electrical equipment is required to take place
outside of daylight hours. Such task lighting will be downcast to illuminate the electrical equipment area
and will not be oriented toward neighboring properties.
7-305: Snow Storage Standards: Given that the facility will be unmanned, with no permanent parking
and a trip frequency of less than 1 vehicle per month during operations, there is no need for snow storage
at this facility.
7-306: Trail and Walkway Standards: Due to the remote location of the proposed facility far away from
shopping parks, schools, parks, trails and greenbelts, the inclusion of trails, walkways or other similar
improvements as part of this development is not considered to be recommended or necessary.
7-1101: Solar Energy Systems: There will be signage installed at the gate and at regular intervals along
the perimeter fence of each array, warning of electrical shock hazard, as shown on the site plans and
required by 7-1101.A. The remainder of the standards discussed in 7-1101.B are for Accessory Solar
Energy Systems and do not apply to this application
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Impact Analysis to Items in Section 4-203G
Adjacent Land Use
Adjacent lands are primarily used for oil and gas extraction to the west and south, rural residences are
located to the north and a few on highlands to the east. Otherwise, there are few other residential
properties in proximity to the project area. Some agricultural lands are situated further to the west and
will not be impacted in any way nor have observation of the Project.
Site Features
The Project Area is approximately 201 acres and irregularly shaped. A northwestern area and a
southeastern area are divided by a small ravine located in the northeast portion of the Project
Area. The majority of the Project Area is vacant rolling fields with a few trees and a wooded
ravine in the northeast. The eastern portion of the Project area is a disturbed Inter-Mountain Greasewood
Flat ecological system currently dominated by noxious weeds. The western portion of the Project area is
characterized by Inter-Mountain Basin Big Sagebrush Shrubland with Colorado Plateau Pinyon-Juniper
Woodland ecological systems bordering the Project area.
Except for an old wood corral and fences, no structures or utilities were observed in the Project Area.
CR 331 borders most of the Project Area’s eastern boundary, and an oil/gas infrastructure pad is located
adjacent to the western central boundary. Floodplains are situated at much lower elevations below the
property and far from the Project area.
Please see Appendix C2 – Biological Resource report for more in depth description of site features.
Soil Characteristics
See the summary of soils in the Project area as excerpted from the Wetland Delineation report. There are
no hydric soils within the project area and soil disturbances would be minimized to the extent possible
with Best Management Practices employed to minimize soil erosion/transport and control the spread of
non-native plant species. Soils types found on site are not preventative to effective construction and
operation of the solar farm and will not be altered.
Please see Appendix C1 – Wetland Study and C11- Geotech Engineering report for further detail on soils
and geology at the site.
NARRATIVE RESPONSE TO IMPACT ANALYSIS (SECTION 4-203G)
Section B12
AES Peace Bear Ranch Solar – Land Use Change – Major Impact permit application (11/5/2021)
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Geology and Hazards
In relation to Section 7-207, page C01-04 of the Site Plan illustrating Pre-existing Conditions in Section
B2 shows the various categories of slopes in the project area, denoting them as less than 20%, 20% - 30%,
and greater than 30%. As can be seen in the site plan, no portion of the solar array or access infrastructure
will be placed in the areas greater than 20%, and therefore does not prompt applicable Slope Development
minimum requirements and standards for steeper slopes.
Furthermore, there are no significant geological features or constraints that the Project would encounter
that would prove insurmountable to appropriate engineering design and professional recommendations.
The following excerpt from the Geotech Report summarizes model layers of subsurface formations:
Please see Appendix C11 for the Geotech report for further detail on soils and geology at the site.
Groundwater and Aquifer Recharge Areas
As drainage patterns will not be altered and there is a limited change of impervious surface area to 1.07-
acre total, or 1.32% of the property, the Project is not expected to have any impacts to groundwater
resources. There will be no on-site waste or sewage disposal to affect such resources, and there will be
no generation of other wastes or effluents to affect surface runoff from natural conditions.
Environmental Impacts
Flora and Fauna
As detailed in the Biological Resources report, the Project has adhered to CPUC Rule 3668 and
conducted pre-development wildlife surveys to identify, avoid, and minimize potential impacts to
wildlife and their habitats. HDR on behalf of AES has coordinated extensively with Colorado Parks and
Wildlife (CPW) to verify conclusions on limited wildlife impact and appropriate construction practices
and mitigation approaches.
Suitable habitat occurs in the project area for four state listed species of special concern (not a statutory
category), the Townsend’s big-eared bat (Corynorhinus townsendii pallescens), the Peregrine falcon
(Falco peregrinus anatum), the midget faded rattlesnake (Crotalus concolor) and northern leopard frog
(Lithobates pipiens). However, the project will not impact key components of suitable habitat (aquatic
features, pinyon-juniper woodlands, and rocky outcroppings), thereby avoiding adverse effects on the
four state listed species. No other federal or state protected species have the potential to occur in the
proposed site or be impacted by project activities.
AES Peace Bear Ranch Solar – Land Use Change – Major Impact permit application (11/5/2021)
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Furthermore, per CPW’s Recommendations to Avoid and Minimize Impacts to Wildlife from Land Use
Development in Colorado, and the presence within the Project area of severe winter range and winter
concentration area for elk and mule deer, AES will not conduct construction activities between
December 1 to April 30 in those areas identified in the maps in the Biological Resources report. The
Project will also employ wildlife-friendly fencing and ongoing consultation will be maintained with
CPW on their recommendation of 1:1 habitat improvement elsewhere for lost grazing habitat.
A large stick nest was mapped as occurring about 400 feet outside of the Project area’s southeastern
corner. The stick nest was last recorded in May 2011 as active and occupied by golden eagles. However,
the nest was not located upon survey of the area and therefore the nest is presumed to have been
abandoned and deteriorated over the past decade. A great horned owl was detected during the Project
survey and likely nests in the vicinity or potentially within the Project area. Due to the confirmed
presence of raptors in the area, nearby nesting sites, and suitable habitat in the Project area, pre-
construction nesting surveys will occur prior to Project activities that are scheduled to occur within the
raptor nesting season (February 15 to July 15). With the implementation of pre-construction clearance
surveys for nesting birds and a strategic construction approach and design, no adverse effects would
occur on state or federal protected species and migratory birds.
Lastly, use of native and drought tolerant seed mixes detailed in the Vegetation Management plan
should result in improved quality of grass and plant populations at the site and a decline in invasive
weed species.
Please see Appendix C2 for the Biological Resources report prepared by HDR on behalf of AES and our
response to 7-202 Wildlife Habit for further analysis and conclusions on impact assessment and
avoidance.
Wetlands
The delineation of waters of the US within the project area is based on the best professional judgement
of HDR’s team of wetland delineators. The wetland delineation identified four unconsolidated bottom
wetlands, totaling 0.832 acre. The survey and analysis do not constitute an Approved Jurisdictional
Determination, which can only be officially rendered by the USACE Regulatory Branch through the
formal review process. However, none of the aquatic features identified in the project area are believed
to be a water of the US. Please refer Section 6.0 Discussion to the formal project delineation report for
specifics pertaining to why the aquatic features are believed to be non-jurisdictional. Still, effects on
aquatic features in the project area would be avoided during construction by use of 35-foot setbacks to
wetlands and 20-foot setbacks to ditches.
See Appendix C1 for the Delineation and Proposed Jurisdictional Determination of the US – AES Peace
Bear Ranch Solar, LLC wetland report conducted in November 2020 and published in February 2021.
AES Peace Bear Ranch Solar – Land Use Change – Major Impact permit application (11/5/2021)
AES Peace Bear Ranch Solar – Garfield County 44
Nuisance
Solar energy projects operate quietly, unmanned without daily traffic, and without emissions, water
usage, or input fuels outside of natural sunshine. As a clean, renewable energy system, there are no
emissions produced from the Project itself.
Air Quality
AES will use best practices to manage dust during construction. The emissions from construction are
anticipated to be below thresholds set by the Colorado Department of Public Health and Environment
(CDPHE) for Colorado’s Air Pollutant Emission Notice (APEN) system. The site access roads will be
graveled for long-term use, and during the six-to-eight-month construction period appropriate measures
will be taking to minimize dust from the delivery trucks and tracking of mud, when traffic will be at its
peak of the Project’s lifetime.
Glare
With regards to concerns over glare from the solar farm, the solar panels are tracking in nature, which
means that they will rotate to face the sun as it passes overhead. This factor, combined with the solar
panel’s anti-reflective coating, will minimize any reflected light (glare). Modern PV modules use a
sophisticated anti-reflective (AR) coating to nearly eliminate the reflection of sunlight off the module
face. A typical human eye reacts to light wavelengths from 390 to 700 nanometers and in that spectrum,
the AR-coated glass on a module will have a transmittance of at least 93%. Transmittance is the percent
of radiation (light) that travels through a surface. Having such a high level of transmittance is valuable
because it means that more light is traveling through the glass and onto the solar PV cells rather than
reflecting off the surface. With transmittance values higher than a body of water or a glass window
without an AR coating, the potential for glare is lower for a solar farm compared to these other surfaces.
Please see Appendix C7 for the SolarForge Glare Analysis performed specifically for Peace Bear
Ranch’s location, taking in several observational points adjacent to the project including homes and
roadways. ForgeSolar tools are used throughout the world by industry, academia, and military to
evaluate PV glare. Based on the R&D 100 Award-winning SGHAT technology, ForgeSolar
accommodates FAA, zoning, and other regulatory requirements.
No green or yellow category glare was detected in the analysis from any point, including from a 2-mile
threshold of flight path and Air Traffic Control Tower’s cab height. This is in large part due to the east-
west tracking nature of the facility and fluctuating tilt of the panels so that in no instance are they ever
oriented directly at any homes or road ways at discernible heights.
Noise
No action necessary. Installation of solar arrays create minimal amount of noise and vibrations.
Typically, the PV inverters and transformers will emit minimal noise at ~50 decibels when standing
within 10 feet, which is equivalent to a conversation level within that range. During operations the
facilities will be unmanned and will operate quietly and automatically with only infrequent maintenance
visits.
AES Peace Bear Ranch Solar – Land Use Change – Major Impact permit application (11/5/2021)
AES Peace Bear Ranch Solar – Garfield County 45
Hours of Operation
The Project once in operation, will operate 24/7 but will be unmanned and remotely monitored for
performance and alerted for necessary maintenance. Maintenance trips to the site will be no more than
once per month by a small crew of technicians, and likely even less than that frequency. During
construction, work hours will be limited to daytime hours and within 7am-7pm time frame, and
primarily on weekdays unless circumstances require weekend work. AES will comply with any working
hour restrictions that the county indicates outside of these standards conditions.
Lot Coverage
While the Project will conform to the listed setback requirements for an Industrial Use in the Rural Zone
District, AES notes that Zone District Dimensions per Table 3-201 include a 15% Maximum Lot
Coverage in such districts. The Pre-Application Summary mentions that the Land Use Development
Code (LUDC) does not specify requirements on lot coverage specific to solar facilities and will be
decided appropriately by the Board of County Commissioners (BOCC).
In any case, the following calculations excerpted from Appendix C6 – Stormwater Memo demonstrate
that the total coverage ratio of the Project to that of the property to be far short of the maximum lot
coverage requirement.
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AES Peace Bear Ranch Solar – Garfield County 46
Please see the following pages for the Delineation and Proposed Jurisdictional Determination of Waters
of the US – AES Peace Bear Ranch Solar, LLC wetland report conducted in November 2020 and
published in February 2021.
DELINEATION & PROPOSED JURISDICTIONAL DETERMINATION
OF WATERS OF THE US
Appendix C1
Delineation and Proposed
Jurisdictional Determination
of Waters of the US
Davis Parcel
AES Peace Bear Ranch Solar, LLC
Garfield County, Colorado
January 2021
AES Peace Bear Ranch Solar, LLC | Davis Parcel
Delineation and Proposed Jurisdictional Determination of Waters of the US
TOC-i
CONTENTS
1.0 BACKGROUND AND INTRODUCTION.............................................................................. 1
2.0 REGULATORY FRAMEWORK ........................................................................................... 1
3.0 ENVIRONMENTTAL SETTING .......................................................................................... 1
3.1 Location .......................................................................................................................... 1
3.2 Climate ........................................................................................................................... 1
3.3 Vegetation ...................................................................................................................... 1
3.4 Soils ............................................................................................................................... 2
3.5 Hydrology ....................................................................................................................... 2
4.0 DELINEATION METHODOLOGY ....................................................................................... 2
4.1 Wetlands and Streams ................................................................................................... 2
5.0 RESULTS ........................................................................................................................... 3
5.1 Wetlands ........................................................................................................................ 3
5.2 Streams .......................................................................................................................... 4
6.0 DISCUSSION ..................................................................................................................... 5
7.0 REFERENCES ................................................................................................................... 7
Appendices
Appendix A. Figures
Appendix B. Antecedent Precipitation Tool
Appendix C. Ordinary High Water Mark Datasheet
Appendix D. Site Photographs
Tables
Table 1. Wetlands Within the Study Area .................................................................................. 4
Table 2. Streams Within the Study Area .................................................................................... 4
Table 3. Proposed Jurisdictional Determination ......................................................................... 6
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1.0 BACKGROUND AND INTRODUCTION
AES Peace Bear Ranch Solar, LLC is in the preliminary stages of land acquisition in Garfield
County, Colorado for future photovoltaic array facilities construction, hereafter referred to as the
project. The proposed lands are situated in a rural, agricultural area in the western slope of
Colorado, approximately 3 miles southwest of Silt, Colorado (see Appendix A, Figure 1). The
approximately 153-acre Davis Parcel (Study Area) is located on the west side of County Road
(CR) 331 (also known as Dry Hollow Road), just south of Chairbar Road, in Sections 21 and 22
of Township 6 South, Range 92 West. The Study Area consists of agricultural land with
irrigation ditches and impoundments throughout for livestock grazing practices.
The purpose of this report is to document the type, size, and location of aquatic resources in the
Study Area, including waters of the US. Based on a desktop analysis and site survey conducted
in November 2020, there are four wetland features totaling 0.832 acre. In addition to the
wetlands, there are five ephemeral irrigation ditches and one ephemeral stream totaling 0.236
acre (9,138 linear feet [LF]).
2.0 REGULATORY FRAMEWORK
The Navigable Waters Protection Rule: Definition of “Waters of the United States” (NWPR)
became effective on June 22, 2020. However, at the time of the delineation, a court-issued stay
is in place for NWPR in the state of Colorado. As a result, waters of the US in Colorado are
defined according to 33 CFR Part 328.3 and the most recently approved guidance from the US
Army Corps of Engineers (USACE) and US Environmental Protection Agency (EPA), which was
published December 2, 2008 (USACE and EPA 2008). The guidance was issued pursuant to
the US Supreme Court findings in the Rapanos and Carabell cases and is herein referred to as
the Rapanos Guidance.
3.0 ENVIRONMENTTAL SETTING
3.1 Location
The project is located within the Silt, CO United States (2019) Geological Survey quadrangle
unit. The center coordinates are 39.509272, -107.663632 (World Geodetic System [WGS] 84).
3.2 Climate
The Study Area is also within the Warm Central Desertic Basins and Plateaus Major Land
Resource Area (MLRA). This MLRA receives most of its annual precipitation (6 to 10 inches)
from snowfall in higher elevations and convective storms in late summer. The average annual
temperature ranges from 41 to 54 degrees Fahrenheit. The freeze-free period averages 160
days and ranges from 110 to 235 days (Natural Resources Conservation Service [NRCS],
2006).
3.3 Vegetation
Vegetation observed within the Study Area is consistent to that of disturbed agricultural
landscapes in Colorado and includes: common juniper (Juniperus communis), crested
wheatgrass (Agropyron cristatum), nodding plumeless thistle (Carduus nutans), big sagebrush
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(Artemesia tridentata), rubber rabbitbrush (Ericameria nauseosa), greasewood (Sarcobatus
vermiculatus), and spotted knapweed (Centaurea stoebe).
3.4 Soils
The Web Soil Survey maps five soil map units within the Study Area (see Appendix A, Figure
2):
• Arvada loam, 1 to 6 percent slopes;
• Olney loam, 6 to 12 percent slopes;
• Potts loam, 3 to 6 percent slopes;
• Potts loam, 6 to 12 percent slopes; and
• Torriorthents-Camborthids-Rock outcrop complex, steep.
According to NRCS, none of these five soils are considered hydric based on the field indicators
known to be associated with soils that meet the definition of a hydric soil (NRCS 2020a, NRCS
2020b).
3.5 Hydrology
The majority of the Study Area drains east to Dry Hollow Creek, which drains north to the
Colorado River, approximately 2 miles north of the Study Area. In the northwest, an irrigation
ditch conveys water northeast across the Study Area.
In the central and southeast portion of the Study Area, numerous diversions from the irrigation
ditch have been created in an attempt to flood irrigate grassland fields for grazing practices.
The online NHD mapping tool shows the following hydrologic reach codes within the Study Area
(USGS 2021) (see Appendix A, Figure 2):
• 140100050604 - Dry Creek-Colorado River
• 140100050603 - Dry Hollow Creek-Colorado River
4.0 DELINEATION METHODOLOGY
4.1 Wetlands and Streams
HDR, Inc. (HDR) conducted an on-site routine delineation for wetlands and other aquatic
resources in the Study Area on November 3, 2020 in accordance with the 1987 Corps of
Engineers Wetlands Delineation Manual (Environmental Laboratory 1987), A Field Guide to the
Identification of the Ordinary High Water Mark (OHWM) in the Arid West Region of the Western
United States (USACE 2008a), the Regional Supplement for the Arid West (USACE 2008b),
and the Updated Datasheet for the Identification of the Ordinary High Water Mark (OHWM) in
the Arid West Region of the Western United States (USACE 2010).
According to the USACE Antecedent Precipitation Tool (APT), the Palmer Drought Severity
Index indicated Severe Drought conditions at the time of the delineation (see Appendix B).
Additionally, the APT indicated drier than normal conditions were present at the time of the
delineation in November (USACE 2020). According to the NRCS Agricultural Applied Climate
Information System (AgACIS) Shoshone, CO recorded less than average precipitation for the
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Page 3
month of October. The 20-year average is 2.37 inches of precipitation. In November 2020 the
station recorded 1.13 inches (AACIS 2020). As a result, observed areas may have been drier
than average and flow rates within the identified waterways may have been less than normal.
Prior to field delineations, a desktop analysis was conducted using the National Wetlands
Inventory (NWI) (USFWS 2020), the National Hydrography Dataset (NHD) (USGS 2014), NRCS
Soil Survey (NRCS 2020a), and USDA NRCS color aerial photographs (USDA 2020) to identify
aquatic resources (see Appendix A, Figure 4).
Wetland boundaries were mapped in the field using sub-meter GPS technology and were
classified according to Classification of Wetlands and Deepwater Habitats of the United States
(Cowardin et al., 1979). The average Ordinary High Water Mark was delineated (USACE 2007)
and recorded on a form provided in Appendix C. Representative photos of the Study Area,
including aquatic resources, are provided in Appendix D.
5.0 RESULTS
The results are presented in two sub-sections: wetlands and streams. The results are also
provided in Appendix A, Figure 3. The Ordinary High Water Mark datasheet is provided in
Appendix C and Site Photographs are available in Appendix D.
5.1 Wetlands
The delineation resulted in the identification of four unconsolidated bottom wetlands, totaling
0.832 acre within the Study Area (see Table 1).
Wetlands W-1, W-2, W-3, and W-4 are located in the central portion of the Study Area. These
wetlands are classified as unconsolidated bottom wetlands with a subclassification of mud and
organic matter and are seasonally flooded (Cowardin et al, 1979). These wetlands are the result
of creating impoundments on contour and appear to be for watering livestock. The wetlands
receive hydrology from overland flow after precipitation events and were dry at the time of the
delineation. No defined stream bed and bank was identified between and/or down gradient of
the wetlands. This indicates no, or infrequent flow from the wetlands to Dry Hollow Creek. While
the 1955 historic aerial photograph is of low resolution, no defined bed and bank is seen within
the valley prior to the wetlands being built, further indicating that the wetlands do not impound a
tributary of Dry Hollow Creek (see Appendix A, Figure 5). The wetlands are dominated by
barnyard grass (Echinochloa crus-galli) and smartweed (Persicaria sp.) and contain bare soil
with surface cracks. No surface water was observed within any of the wetlands due to drier than
normal and drought conditions. Surface water is seen within wetlands in approximately half of
the historic aerial photographs. Within the Study Area, wetlands W-1, W-2, W-3, and W-4 are
0.316 acre, 0.138 acre, 0.218 acre, and 0.160 acre in size, respectively.
These wetlands were primarily delineated by the OHWM marked by a change in slope,
scouring, and a change in vegetation.
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Table 1. Wetlands Within the Study Area
Wetland
ID
Wetland Classification
(Cowardin)*
Area
(acres)
W-1 PUB 0.32
W-2 PUB 0.14
W-3 PUB 0.22
W-4 PUB 0.16
TOTAL 0.84
Notes:
*Cowardin et al., 1979 Classification: PUB = Unconsolidated Bottom, non-tidal
wetland dominated by persistent emergent vegetation
5.2 Streams
The November 2020 survey identified six ephemeral streams within the Study Area, totaling
0.236 acre (see Table 2).
Table 2. Streams Within the Study Area
Channel
ID
Average
OHWM
Width (Feet) Type
Channel
Length
(LF)
Channel
Area
(acre)
S-1 3
Irrigation Ditch
(Ephemeral Flow) 733 0.050
S-2a 2
Irrigation Ditch
(Ephemeral Flow) 173 0.008
S-2b 2
Irrigation Ditch
(Ephemeral Flow) 2,221 0.102
S-3 3
Irrigation Ditch
(Ephemeral Flow) 838 0.058
S-4 3
Irrigation Ditch
(Ephemeral Flow) 102 0.007
S-5 1 Ephemeral Stream 1,591 0.011
Total 3,658 0.236
Ephemeral stream S-1 is located in the northwestern corner of the Study Area. Stream S-1 is an
unnamed irrigation ditch that is a diversion of the Multa Trina Ditch. At the time of the survey
there was no water in the channel. Within the Study Area, stream S-1 has an average OHWM of
3 feet and is 0.050 acre (733 LF) in size.
Ephemeral streams S-2a and S-2b are ephemeral irrigation ditches located in the western
portion of the Study Area. At the time of the survey there was no water in the channels. Within
the Study Area, streams S-2a and S-2b each have an average OHWM of 2 feet and are 0.008
acre (173 LF) and 0.102 acre (2,221 LF) in size, respectively.
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Streams S-3 and S-4 are ephemeral irrigation ditches in the southern portion of the Study Area.
At the time of the survey there was no water in the channels. Within the Study Area, streams
S-3 and S-4 each have an average OHWM of 3 feet and are 0.058 acre (838 LF) and 0.007
acre (102 LF) in size, respectively.
Stream S-5 is an ephemeral stream feature in the southeastern portion of the Study Area that
flows east to Dry Hollow Creek. At the time of the survey there was no water in the channel.
Within the Study Area, stream S-5 has an average OHWM of 1 foot and is 0.011 acre (85 LF) in
size.
All features included riparian vegetation typical of agricultural grazing fields, primarily spotted
knapweed, crested wheatgrass, big sagebrush, and rubber rabbitbrush.
6.0 DISCUSSION
The wetland delineation identified the following aquatic resources: four wetlands, five irrigation
ditches with ephemeral flow, and one ephemeral stream.
According to the 1986 definition of waters of the US and post-Rapanos regulatory guidance,
none of the aquatic resources except stream S-5 would be considered waters of the US (see
Table 3). The four unconsolidated bottom wetlands and five irrigation ditch segments identified
within the Study Area are considered non-jurisdictional features because they were
excavated/created in uplands, do not replace or impound a tributary of a traditional navigable
water, and do not have a significant nexus to a traditional navigable water (51 Fed. Reg. 41,217
[November 13, 1986]; USACE and EPA 2008). While a stream is shown within the valley of
wetlands W-1, W-2, W-3, and W-4 on NHD, no stream was observed between or down gradient
of the wetlands, indicating that the wetlands were formed by diking dry land and that surface
water within wetlands either does not flow to Dry Hollow Creek or does so seldom enough to not
significantly affect the chemical, physical, and biological integrity of a downstream traditional
navigable water. Therefore, wetlands W-1, W-2, W-3, and W-4 do not have a significant nexus
to a downstream traditional navigable water and are not considered waters of the US (USACE
and EPA 2008).
If NWPR goes into effect in the state of Colorado, wetlands W-1, W-2, W-3, and W-4 would not
be considered waters of the US since they are artificial lakes and ponds used for irrigation
and/or stock watering, were constructed in uplands, and are not an impoundment of a
jurisdictional water. Ephemeral irrigation ditches S-1, S-2a, S-2b, S-3, and S-4 would not be
waters of the US since they were constructed in uplands and do not replace a tributary or
adjacent wetland considered to be a water of the US. Ephemeral stream S-5 is not considered a
water of the US since it is an ephemeral feature, which includes ephemeral streams, swales,
gullies, rills, and pools (85 Fed. Reg. 22340 [April 21, 2020]).
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Table 3. Proposed Jurisdictional Determination
Aquatic
Resource ID Post-Rapanos1 NWPR2
W-1 NJD NJD
W-2 NJD NJD
W-3 NJD NJD
W-4 NJD NJD
S-1 NJD NJD
S-2a NJD NJD
S-2b NJD NJD
S-3 NJD NJD
S-4 NJD NJD
S-5 JD NJD
1 Based on the 1986 definition of waters of the US and associated
regulatory guidance, including the Rapanos Guidance (USACE and
EPA 2008)
2 Based on the Navigable Waters Protection Rule at 85 Fed. Reg.
22,250 (April 21, 2020)
Notes:
JD: Jurisdictional (i.e., water of the US)
NJD: Non-Jurisdictional (i.e., not a water of the US)
See paragraphs above for explanation of the jurisdictional
determination
This delineation and proposed jurisdictional determination of waters of the US within the Study
Area is based on the best professional judgement of HDR’s team of wetland delineators, who
have extensive experience with delineation and permitting of wetlands and other aquatic
resources in the southwest region of the US. However, it does not constitute an Approved
Jurisdictional Determination, which can only be officially rendered by the USACE Regulatory
Branch through the formal review process.
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7.0 REFERENCES
Agricultural Applied Climate Information System (AACIS). 2020. Shoshone, CO WETS Station.
Accessed November 2020. http://agacis.rcc-acis.org/?fips=31153.
Cowardin, et al. 1979. Classification of Wetlands and Deepwater Habitats of the United States.
FWS/OBS-79/31. US Department of the Interior, Washington D.C.
Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical
Report Y-87-1. US Army Engineer Waterways Experiment Station. Vicksburg,
Mississippi.
Natural Resources Conservation Service (NRCS). 2020a. Web Soil Survey. United States
Department of Agriculture. Accessed November 2020.
https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm.
. 2020b. National Hydric Soils Listed by State: New Mexico. Accessed November 2020.
http://www.nrcs.usda.gov/wps/portal/nrcs/main/soils/use/hydric/.
United States Army Corps of Engineers (USACE) and United States Environmental Protection
Agency (EPA). 2008. Clean Water Act Jurisdiction Following the US Supreme Court's
Decision in Rapanos v. United States & Carabell v. United States. December 2008.
Accessed November 2020. https://www.epa.gov/sites/production/files/2016-
02/documents/cwa_jurisdiction_following_rapanos120208.pdf.
USACE. 2007. US Army Corps of Engineers Jurisdictional Determination Form Instructional
Guidebook. Appendix H RGL 05-05 Ordinary High Water Mark (OHWM) Identification,
May 30, 2007.
. 2008a. Regional Supplement to the Corps of Engineers Wetland Delineation Manual:
Arid West Region (Version 2.0), ed. J. S. Wakeley, R. W. Lichvar, and C. V. Noble.
ERDC/EL TR-08-28. Vicksburg, MS: US Army Engineer Research and Development
Center.
. 2008b. A Field Guide to the Identification of the Ordinary High Water Mark (OHWM) in
the Arid West Region of the Western United States – A Delineation Manual, Robert W.
Lichvar and Shawn M. McColley. ERDC/CRREL TR-08-12. Hanover, NH.
. 2010. Updated Datasheet for the Identification of the Ordinary High Water Mark
(OHWM) in the Arid West Region of the Western United States, ed. K.E. Curtis and R.W.
Lichvar. ERDC/CRREL TN-10-1. Vicksburg, MS: US Army Engineer Research and
Development Center.
. 2020. Antecedent Precipitation Tool, version 1.0. Accessed November 2020.
https://github.com/jDeters-USACE/Antecedent-Precipitation-Tool/releases/tag/v1.0.3.
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USFWS. 2020. “Overview.” National Wetlands Inventory Mapper. US Department of the Interior,
Fish and Wildlife Service, Washington, D.C. April. Accessed November 2020
http://www.fws.gov/wetlands/.
United States Geological Survey (USGS). 2014. National Hydrography Dataset. Accessed
November 2020. https://viewer.nationalmap.gov/advanced-viewer/index.html?p=nhd.
. 2021. Watershed Boundary Dataset. Accessed January 2021.
https://viewer.nationalmap.gov/advanced-viewer/index.html?p=nhd.
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Delineation and Proposed Jurisdictional Determination of Waters of the US
Appendix A.
FIGURES