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    Bruce Adams Personal Yahoo Email - Other Emails and Wind Farm Documents

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    adamsbb2003@yahoo.com Bruce Adams personal email account ... Email between him and Sarah Wright, cc. Christinewatson@utah.gov / Christine also ran Wasatch Wind and used the data and her position with the state to help Wasatch Wind it appears.

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    Bruce Adams Personal Yahoo Email - Other Emails and Wind Farm Documents

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    The Petroglyph
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    adamsbb2003@yahoo.com Bruce Adams personal email account ... Email between him and Sarah Wright, cc. Christinewatson@utah.gov / Christine also ran Wasatch Wind and used the data and her position with the state to help Wasatch Wind it appears.

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    Bruce Adams Personal Yahoo Email - Other emails and wind farm documents

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    adamsbb2003@yahoo.com Bruce Adams personal email account ... Email between him and Sarah Wright, cc. Christinewatson@utah.gov / Christine also ran Wasatch Wind and used the data and her position with the state to help Wasatch Wind it appears.

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    Bruce Adams Personal Yahoo Email - Other Emails and Wind Farm Documents

    Uploaded by

    The Petroglyph
    adamsbb2003@yahoo.com Bruce Adams personal email account ... Email between him and Sarah Wright, cc. Christinewatson@utah.gov / Christine also ran Wasatch Wind and used the data and her position with the state to help Wasatch Wind it appears.

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    ‘Yahoo! Mail - adamsbb2003@yahoo.com Page | of 3 Yahoot MyYahoo! Mail ta _ Search “YAHOO! Mail Se ggasl vl © Buk (emt) {Trash fempty See eeeewre de) _ ‘$150 mortgage Bw ‘only $400/month! Fax FREE With TB yahoo! Mail Now 12) Addresses > GB Calendar ~ $8) Notepad ~ Account] i YAHOO! personals ra fest om Py adamsbb2003@yahoo.com [Sign Out}. Mail Urarades - Search Mail - Mail Options Previous | Next | Back to Messages Printable View - Full Headers “Delete || Reply |~| Forward |~| Spam Move to folder... =] ox] ‘This message is not flagged. [ Flag Message - Mark as Unread | From: “Sarah Wright" #3 Add to Address Book ‘Tor “bruce adams" CCE chistinewatson@utah.gov ‘Subject: Re: Fw: funding opportunity ater Fi, 9 Jan 2004 13:04:04 -0700 Hi Bruce, | just looked at the Federal Register/Vol. 69 No.1 that! printed from the link. The only thing! see specifically for wind some money for anemometers for existing tall towers. ‘The notice of funding for Farm Bill funding for renewable energy should come out ‘early spring. (You will definitely want to attend the Utah Farm Bill workshop that is being planned for this February - we will have to figure out how municipals ft into the farm bill funding, Rural electric coops have received funding - hopefully ‘municipais can, or maybe a loose cooperative wind group could be created. | need to leam more along these lines) You might also try the SEPP Foundation http:/Awww. steppfoundation.org/default.htm | hinkea teasibinty Siayie'@ GrEAEIGES. | have copied Christine on this email - perhaps she has some other ideas for funding sources fora feasibility study for the Monticello area. | am'sure-we will be talking soon regarding the legistative session, Myron Lee Ruth Skouson Tuesday, February 16, 2010 2:33 PM Myron Lee FW: phone message -original Message- From: bmfoodsofrontiernet.net [mailto:bmfoods@frontiernet net] Sent: Tuesday, February 16, 2010 2:25 PM To: Ruth Skougon Subject: Re: phone message I'll be there at 4:00 today, Thanks - original Message From: "Ruth Skouson" To: bmfoods@frontiernet net Cc: "Myron Lee" Sent: Tuesday, February 16, 2010 1:54:47 PM GMT -07:00 Chihuahua / La Paz / Mazatlan Subject: RE: phone message Doug, I can meet today at 4:00 p.m. I misunderstood your message -- thinking the times you provided were both for tomorrow. Let Myron and me know. Ruth -original Nessage- From: bmfoodsefrontiernet.net [mailto:bmfoodsefrontiernet .net] Sent: Tuesday, February 16, 2010 1:51 PM ‘To: Ruth Skougon Subject: Re: phone message Ie 4 0 not available? - Original Message From: "Ruth Skouson" To: bmfoodsafrontiernet net Cc: "Myron Lee" Sent: Tuesday, February 16, 2010 1:30:22 PM GMT -07:00 Chihuahua / La Paz / Mazatlan Subject: RE: phone message Doug, I'm available this afternoon at about <- will that work for you? 0 p.m. Will that work? Myron I'11 let you make the decision about whether or not to involve Commissioner Adams. Ruth -original Nessage- From: bmfoodsafrontiernet.net [mailto:bmfoodsefrontiernet .net] Sent: Tuesday, February 16, 2010 1:23 PM To: Ruth Skougon Cc: Myron Lee Subject: R phone message Tomorrow morning is not good. Afternoon would be better. Today would be best, but after 4:00 pm,tomorrow after 3:00pm Also in need to be filled in on the details of the orginal contract. Should we get Commissioner Adams involved? Doug, 1 - original Message From: "Ruth Skouson" To: "myron Lee" , "Doug Allen" Sent: Tuesday, February 16, 2010 1:09:12 PM GMT -07:00 Chihuahua / La Paz / Mazatlan Subject: Pi: phone message Myron & Doug, It sounds like there are some things to talk about. Do you have time tomorrow morning? How about 10:00 a.m.? Ruth :christineewasatchwind. com) Sent: Tuesday, February 16, 2010 1:02 PM To: Ruth Skougon Ce: Myron Lee; Doug Allen; Lisa Ruttan; Mark Lewis Subject: RE: phone message Ruth, Iam traveling again this week to Wyoming and won't be back in the office until Thureday midday. I will be able to confirm that the check came then. Thank you for sending the check, having sent the invoice back in January of 2008, we had written it off as never having been paid. In the meantime, I wanted to list some things that we should discuss upon my return. 1 Tower on State Land: There is one tower currently on state land in the area of Peter's Point. We have the surrounding BLM land leased for an additional two years as well as have paid for the state land until September. Will you keep this tower there and if so, I will need to get you the permit for that tower so you can renew it upon the year. Please let me know. 2. ‘The tower on the former Redd property: the only thing you need to worry about there are continuing to make the annual payments 3 ‘The tower on the Redd land west of the highway: we are currently negotiating a lease with the landowners. Would you have an interest in selling us the tower and thereby letting us keep that data as confidential? Tf not, I would say that we would prefer to purchase a tower for you in lieu of that one so the data onward is confidential. This is a site we would like to build in the nearterm if everything were to align perfectly. 4. How do you want us to send you the data? I would prefer to burn it to a disk and fedex it to you rather than send it over e-mail. 5. We have locks on the dataloggers, so we will get you the 2 combinations along with the data files and directions to the sites if you need those as well. Am I missing anything? Do you have any other questions? Regards, Christine Watson Mikel Senior Project Development Manager Direct: 435-503-ea14 Mobile : 801-455-1045 clean energy. clean air. clean earth . wiw.wasatchwind.com WasatchWindNewLogofinaloutlines From: Ruth Skouson [mailto:Ruthamonticelloutah.org] Sent: Thursday, February 11, 2010 3:44 PM To: Christine Mikel Ce: Myron Lee; Doug Allen Subject: phone message Christine, I returned your phone message yesterday and haven't heard back. Z assume there are no other items outstanding which will provide further delay in providing wind data to the City of Monticello. The check, mailed yesterday, should arrive in your office by the end of the week. We look forward to receiving the data Ruth Skouson Assistant City Manager City of Monticello PO Box 457 Monticello , UT 84535 Phone: (435) 587-3727 Fax: (435) 587-2272 ruthamonticelloutah.org R KELLY PEHRSON MANAGE! City OF MONTICELLO PO BOX 457 : ft, 124056 m 932 py asaHed MONTICELLO ‘UT 8453 Batt se steaeo 11:19:02AM Filed By: DH WHEW RECORDED AETURN TO: a eae OES orzon MLSE SISED Te SO Thee For: MONTICELLO CITY OF OWNER NAME, Address SUBORDINATION AND RELEASE AGREEMENT. THIS SUBORDINATION AND RELEASE AGREEMENT (this "Agreement”), is made as of Auquct rH, 2011 , by between THE CITY OF MONTICELLO, UTAH ("Easement Holder") and Redd Enterprises, LTD ("Owner"). WITNESSETH: A. Owner is the owner of certain real property in San Juan County, Utah (the "Property"), as more particularly described in Exhibit A attached to and made a part of this Agreement. B. Owner and Easement Holder are parties to that a certain agreement allowing the Easement Holder to erect wind data gathering towers and to collect and analyze such data, of which a copy has not been recorded of record and a copy of which cannot be located (the "Easement Agreement"). Pursuant to such Easement Agreement, Owner has granted to Easement Holder certain rights, over and across that portion of the Property specified on Exhibit ‘Aas the "Easement" C. Easement Holder and Owner desire to confirm their understanding with respect to the Easement Agreement and the associated Easement. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, Owner and Easement Holder hereby agree and covenant as follows: 1. Release. The Easement Holder hereby releases, remises and forever quitclaims all rights, title and interest in and to the Property, SAVE AND EXCEPT that portion of the Property identified on Exhibit A as the Easement. Further Easement Holder hereby agrees that the Easement Agreement, and associated Easement may not be assigned, sold or conveyed, in ‘whole or in part, without the prior written consent of the Owner. 2. Subordination. The Easement Agreement and the associated Easement now is, and shall at all ind for all purposes continue to be, subject and subordinate, in each and every respect, to the Owner's fee title to the Property and Owner’s rights to enter into a Wind Lease Agreement, it being understood and agreed that the foregoing subordination shall apply to any and all renewals, modifications, extensions, substitutions, replacements and/or consolidations of the Easement Agreement, provided that any and all such renewals, ‘SUBORDINATION AND RELEASE AGREEMENT Page 1 modifications, extensions, substitutions, replacements and/or consolidations shall nevertheless be subject to the terms of this Agreement, Further, Easement holder covenants not to interfere with, or 3. Non-Disturbance. Easement Holder agrees to not interfere with Owner’s use and quiet enjoyment of the Property and the rights, incidents, attributes and privileges thereof and agrees to not interfere with any current or future lessee under any Wind Lease Agreement or similar agreement and the rights, incidents, attributes and privileges thereof or derived under such Wind Lease Agreement. 4. Indemnity. Easement Holder hereby agrees to defend, indemnify and hold harmless the Owner, and any future lessee of Owner, from any claims, losses, damages, attomeys fees, court costs, or reasonable expenses of litigation, arising out of the Easement Holder’s performance or non-performance of services, duties or obligations in connection with this Agreement, or any acts or omissions of any other party which Easement Holder has granted any rights associated with the Easement Agreement or the Easement. This indemnity provision is limited to the extent necessary to comply with any applicable state or federal law, and this provision is deemed to be amended to comply therewith. The limit of the indemnity provided herein shall not exceed the maximum lawful amount permitted by the laws of the applicable jurisdiction. 5. Notice. Any notice or communication required or permitted hereunder shall be given in writing, sent by (a) personal delivery, or (b) expedited delivery service with proof of delivery, or (c) United States mail, postage prepaid, registered or certified mail, or (d) prepaid telegram or telex addressed as follows: ida Mdbelt Peak oe ro a4504 LD. Box 4ST Oleahcella, vt 8453S orto such other address or to the attention of such other person as hereafter shall be designated in vriting by the applicable party sent in accordance herewith. Any such notice or communication shall be deemed to have been given either at the time of personal delivery or, in the case of delivery service or mail, as of the date of first attempted delivery at the address and in the ‘manner provided herein, or in the case of telegram, telex or telecopy, upon receipt. fo Owner: 6. Modification. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by the parties hereto or their respective successors in interest. SUBORDINATION AND RELEASE AGREEMENT Page2 Ent 114056 Bk 0932 Py 0459 7. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns, and any purchaser or purchasers of the Property, and their respective heirs, personal representatives, successors and assigns. 8. Governing Law. This Agreement shall be governed by, and construed in accordance with, the internal laws of the State in which the Property is located. 9. Counterparts. This Agreement may be executed in multiple counterparts, no one of which need be executed by all parties hereto, each of which shall constitute an original. Counterparts thus executed shall together constitute one and the same instrument. {signature page follows.] ‘SUBORDINATION AND RELEASE AGREEMENT Page3 Ent 114056 Bk 0932 Py 0460 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written, ‘SUBORDINATION AND RELEASE AGREEMENT. OWNER: EASEMENT HOLDER: City of Monticello, Utah py Lt, Kose Name: 4e, Title:_City"ot Monhte/o Page 4 Ent 11.4056 bk 0932 Py 0461. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California on August (Tih, 2011 below me, —Tina _Bhatey a hs aa aS Oa Pereonayepresed John Mitzh Reda Naar ST who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in hisihertheie authorized capacity(ies), and that by hishertheir signature(6} on the coma instrument the person(s), or the entity upon behalf of ission # 1943820, ich the persor iment. Nouyrites cates which the person(s) acted, executed the instrur Contra Costa County & Comm. Expres Jul 11,2015) | certiy under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Lui Aisi usta tt non nS. OPTIONAL ‘Though the information below isnot required by law, it may prove valuable to persons relying on the document ‘and could prevant raudlent removal and reattachment of this form to another document. Description of Attached Document Title oF Type of Document: _ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: Signer's Name: Individual D Individual 0 Corporate Officer — Title(s) (D Corporate Orficer — Title(s) - D Partner —Cl Umited O General poe Partner —C Limited Ci General o o o a ‘Attorney in Fact attorney in Fact Tustes Tepcinamres | Trustee a ae a ‘Guardian or Conservator 1 Guardian or Conservator Othe; ther: | ‘Signer Is Representing ‘Signer Is Representing: Ent 114056 Bk 0932 Py 0462 ACKNOWLEDGEMENTS: (Entity Owner) STATE OF § 8 COUNTY OF 5 ‘The foregoing instrument was acknowledged before me this, day of. » 201_, by. the of a | on behalf of said Notary Public (SEAL) (Easement Holder) STATE OF __LATA\W. 8 8 county or SanUuan § The foregoing instrument was acknowledged before me this _Bi_day of. i 5201L, Be the takes manager f CITY OF MONTICELLO, UTAH, on behalf of said city. of Notary Pybfic Notary Pubie 7 My Commission Expires:_04-.0- (3 JEANL. PEHRSON 1 Seasseneena SCrmetcen te ‘eta, 20%" es eee eel SUBORDINATION AND RELEASE AGREEMENT Page 5 Ent 114056 tk 0932 Py 0463 EXHIBIT A PROPERTY TOWNSHIP 33 SOUTH, RANGE 23 EAST OF THE SALT LAKE MERIDIAN all of which is located in San Juan County, Utah, totaling approximately 1,080 acres more or less described as follows: Section 21: Section 22: Section 23: SAVE AND EXCEPT the following EASEMENT: All 33823E210000 SW/4, W/2SE/4, S/2NW/4, W/2NE/4; Less that certain parcel of land described as follows: Beginning 2,205 feet South of the Northeast comer of the Northwest Quarter of the Northeast Quarter (NW/4NE/4) of said Section 22 and running thence West 208 feet, thence south 208 feet, thence east 208 feet, thence North 208 feet to 338236220600 the point of the beginning. WI1/2SW1/4 338236235400 EASEMENT TOWNSHIP 33 SOUTH, RANGE 23 EAST OF THE SALT LAKE MERIDIAN all of which is located in San Juan County, Utah, totaling approximately 3.56 acres more or less described as follows: SUBORDINATION AND RELEASE AGREEMENT. Beginning at a point in said Section 21, from which the Southeast comer of said Section 21 bears $21°19°37"E, 2084.85 feet, being the southeast corner of said parcel; Thence N00°10°34"W, 393.7 feet to the northeast corner of said parcel; Thence $89°50"15”W, 393.7 feet to the northwest comer of said parcel; Thence $00°10°34”E, 393.7 feet to the southwestern comer of said parcel; Thence N89°50"15"E, 393.7 feet to the point of beginning, being a total of 3.56 acres, more or less. Bearings are in degrees true, based on geographic NAD 1983 coordinates, Exhibit A Ent 114056 Bk 0932 Py 0464 State of Utah DEPARTMENT OF NATURAL RESOURCES MICHAEL sT¥LER JON M, HUNTSMAN, JR. Di ‘donner Utah Geologieal Survey “EtsaGoener Lsaw GotetyDhisin Dre June 2, 2009 Myron W. Lee Monticello City Manager PO Box 457 Monticello, UT 84535, Subject: Wind Monitoring Data Summary ~ Monticello-1 — Site 6 Dear Myron: Since July 11, 2001, the average wind speed for the Monticello-1 site is 11.52 mph at 20 meters. The prevailing winds originate from the south-southwest from the morning through the late aftemoon, and from the northwest from the early evening through the night. Wind speeds increase from the daily low at 07:30 hours to a high at 14:30 hours, then decrease gradually until 21:30, where they remain relatively stable until their low. ‘The Wind Analysis Summary Report predicts the power output of a 2.5MW Clipper Liberty C99 wind turbine, scaled to 80 meters, as well as the net capacity factor. The estimated net capacity factor (5 percent net losses assumed) is 25.0 percent. Typically, a capacity factor in the 25-35 percent range and above are considered ideal for commercial wind development. Additionally, the analysis provides information on the overall wind characteristics via the wind rose graph, daily wind speed graph, and the probability distribution function graph. Please feel free to contact me with any questions or comments at elisebrown@utah. gov or (801) 537-3365. Sincerely, IO Elise Brown Renewable Energy Coordinator State Energy Program 1594 West Noth Temple, Site 311, Salt Lake Cy, UT 841146100, telephone (01) 537-3300 fasimil (60) 837-340 TTY (801) 538-7488 « gologyauch gov eoccarsuner Page 2 Sune 2, 2009 Subject: Monticello-1 Wind Report—Site 6 Wind Analysis Summary Report Site Information ‘Sensor Information Site Number: 6 Date Logger: NRG Wind Explorer Project: Monticello-t ‘Sensor/Tower Height: 20 meters Location: Monticello, Utah ‘Scaled Height: 80 meters Site Elevation: 6562 ft Windvane Offset: O degrees ‘Averaging Time: 10 min Date Range: 7/11/01, 15:00 ~ 11/25/02, 10:40 ‘6 Daily Wind Speed Profile Wind Frequency Rose (20 m) woe age Shean ae ra seo" wo zg = i 290" ow |é = 200" voor | § Ly 2 ‘ % a a wwe ae we a0 Wo" ‘Wo Hout Day c hominy Dt Function, al sectors Page 3 Tune 2, 2009 Subject: Monticello-1 Wind Report—Site 6 Stats for Liberty C99 at Hub Height Power Curve for Liberty C99 Number of 2.50. Observations: 59,448 Gust Speed: 44,0. mph 2.000. Air Density 1.008kgim3 | = ‘Average Wind Speed: 13.99mph | = Average Wind . |e Direction: 250. 3 Net Capacity Factor: 25.0% | § 1000 Turbine Manufacturer Clipper | & Turbine Model Liberty Cag 00 Turbine Rating 2,500 KW ‘Scaled Hub Height: 80m ob t 4+} ‘Average Ener 2 Culpa 5,485,087 kWh wi Speen Data Completeness: 100% ona Pate a0 Page 4 June 2, 2009 Subject: Monticello-1 Wind Report—Site 6 Definition of terms used in this report Capacity Factor: The capacity factor of a wind turbine is equal to its average power output divided by its rated power. The average power output is often calculated over one year or one ‘month, but it could be calculated over any period. ‘Wind Shear: Wind shear refers to the change in wind speed with height above ground. The wind speed tends to increase with the height above ground. The rate at which the speed increases is referred to as the wind shear factor. Probability Distribution Function: The probability distribution function f(x) gives the probability that a variable will take on the value x. It is often expressed using a frequency histogram, which gives the frequency with which the variable falls within certain ranges or bins. In other words, this graph shows the percentage of time a wind speeds will equal x miles per hour. " Definitions from Windographer Version 1.23. Copyright © 2008. State of Utah DEPARTMENT OF NATURAL RESOURCES MICHAEL R.STYLER JON M HUNTSMAN, JR. Sonor Utah Geological Survey any. wenoeRr RICHARD ALLIS Tenens Govwner Set Geologie Decor June 2, 2009 ‘Myron W. Lee Monticello City Manager PO Box 457 Monticello, UT $4535, Subject: Wind Monitoring Data Summary ~ Monticello-2 ~ Site 22 Dear Myron: Since November 21, 2002, the average wind speed for the Monticello-2 site is 10.87 mph at 20 meters. The prevailing winds originate from the south-southwest from the late morning through the early evening, and from the north-northwest from the late evening through the early morning. Wind speeds increase from the daily low at 07:30 hours to a high at 14:30 hours, then decrease gradually until their low. The Wind Analysis Summary Report predicts the power output of a 2.5MW Clipper Liberty C99 wind turbine, scaled to 80 meters, as well as the net capacity factor. The estimated net capacity factor (5 percent net losses assumed) is 22.0 percent. Typically, a capacity factor in the 25-35 percent range and above are considered ideal for commercial wind development. Additionally, the analysis provides information on the overall wind characteristics via the wind rose graph, daily wind speed graph, and the probability distribution function graph. Please feel free to contact me with any questions or comments at elisebrown@utah.gov or (801) 537-3365. Elise Brown ai Renewable Energy Coordinator State Energy Program Sincerely, 1594 Wee Noth Tempe, Suite 3110, alt Lake City, UT 881 14.6100 telephone (01) 537800 «facsimile (801) 37-3400 » TTY (8) $38-458 «geology aah gov Biscacsoner Page 2 June 2, 2009 Subject: Monticello-2 Wind Report—Site 22 Wind Analysis Summary Report Site Information ‘Sensor Information Site Number: 22 Data Logger: NRG Wind Explorer Project: Monticello-2 Sensor/Tower Height: 20 meters Location: Monticello, Utah Scaled Height: 80 meters Site Elevation: 6762 ft Windvane Offset 0 degrees Averaging Time: 10 min Date Range: _ 11/21/02, 09:30 ~ 5/25/05, 14:20 - bambi Spd anne ‘Wind Frequency Rose (20 m)_ o = 42. = ° - Eee £ ye a « |F z Fe ‘. Co? Hd a 193% me 2. aa 208 * 0. a Hour ot Day Page 3 June 2, 2009 Subject: Monticello-2 Wind Report—Site 22 Stats for Liberty C99 at Hub Height Power Curve for Liberty C99 Number of 2.600 Observations: 127,067 Gust Speed: 52.0 mph 2.000. Air Density 1.000 kgim3 | = Average Wind Speed: 13.49mph | Ey so0 ‘Average Wind 3 Direction: 2983' | 8 Net Capacity Factor: 22.0% yro00 Turbine Manufacturer: Clipper | & Turbine Mode! Liberty Coo 500 Turbine Rating: 2,500 kW Scaled Hub Height: 80m °. ‘Average Ener ° é a cr Ouiput 4,800,706 kwh win eee Data Completeness: 96.3% Mean Day Pte Page 4 June 2, 2009 Subject: Monticello-2 Wind Report—Site 22 Definition of terms used in this repo Capacity Factor: The capacity factor of a wind turbine is equal to its average power output divided by its rated power. The average power output is often calculated over one year or one month, but it could be calculated over any period. ‘Wind Shear: Wind shear refers to the change in wind speed with height above ground. The wind speed tends to increase with the height above ground. The rate at which the speed increases is referred to as the wind shear factor. Probability Distribution Funetion: The probability distribution function f(x) gives the probability that a variable will take on the value x. It is often expressed using a frequency histogram, which gives the frequency with which the variable falls within certain ranges or bins. In other words, this graph shows the percentage of time a wind speeds will equal x miles per hour. * Definitions from Windographer Version 1.23. Copyright © 2008. Revised 6/14/05 Draft Note: text in brackets [ ] is to note that there are some reasonable alternatives that the local unit of government may choose in adopting an ordinance. Those alternatives are listed but separated by a slash / Example: Commercial WECS: A WECS of equal to or greater than [100/40] kW in name plate generating capacity ‘This means that the local unit may prefer a larger (100 kW) or smaller (40 kW) threshold for defining a Commercial WECS. Wind Energy Conversion System Ordinance Purpose — This ordinance is established to regulate the installation and operation of Wind Energy Conversion Systems (WECS) within County not otherwise subject to siting and oversight by the State of Minnesota under the Minnesota Power Plant Siting Act (MS 116C.51-116C.697. ) Interpretation, Conflict and Separability' Interpretation — In interpreting these regulations and their application, the provisions of these regulations shall be held to be the minimum requirements for the protection of public health, safety and general welfare. These regulations shall be constructed to broadly promote the purposes for which they are adopted. Conflict - These regulations are not intended to interfere with, abrogate or annul any other ordinance, rule ot regulation, statute or other provision of law except as provided in these regulations. If any provision of these regulations that impose restrictions different from any other ordinance, rule or regulation, statute or provision of law, the provision that is more restrictive or imposes higher standards shall control. Separability — If any part or provision of these regulations or the application of these regulations to any developer or circumstances is found invalid by any competent jurisdiction, the judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which the judgment shall be rendered and shall not affect or impair the validity of the remainder of these regulations or the application of them to other developers or circumstances. Enforcement, Violations, Remedies and Penalties Enforcement of the Wind Energy Conversion System Ordinance shall be done in accordance with process and procedures established in Section of the County Zoning Ordinance. " The County may wish to examine the Interpretation, Conflict and Separability language in its other ordinances and utilize consistent language, Revised 6/14/05 Draft Definitions WECS - Wind Energy Conversion System: An electrical generating facility comprised of ‘one or more wind turbines and accessory facilities, including but not limited to: power lines, transformers, substations and metrological towers, that operate by converting the kinetic energy of wind into electrical energy. The energy maybe used on-site or distributed into the electrical grid, Aggregated Project: Aggregated projects are those which are developed and operated in ‘a coordinated fashion, but which have multiple entities separately owning one or more of the individual WECS within the larger project. Associated infrastructure such as power lines and transformers that service the facility may be owned by a separate entity but are also included as part of the aggregated project. Commercial WECS: A WECS of equal to or greater than [100/40] kW in total name plate generating capacity.” Non-Commercial WECS: A WECS of less than {100/40] kW in total name plate generating Capacity. Fall Zone: The area, defined as the furthest distance from the tower base, in which a guyed tower will collapse in the event of a structural failure. ‘This area is less than the total height of the structure. Feeder Line: Any power line that carries electrical power from one or more wind turbines or individual transformers associated with individual wind turbines to the point of interconnection with the electric power grid, in the case of interconnection with the high voltage transmission systems the point of interconnection shall be the substation serving the WECS. Meteorological Tower: For the purposes of this Wind Energy Conversation System Ordinance, meteorological towers are those towers which are erected primarily to measure wind speed and directions plus other data relevant to siting WECS. Meteorological towers do not include towers and equipment used by airports, the Minnesota Department of Transportation, or other similar applications to monitor weather conditions ? 40 kW and 100 kW are both reasonable standards for defining the Commercial WECS threshold, In Minnesota, renewable energy projects of less than 40 kW are covered by a“Net Metering” law. This allows the electrical generating facility to effectively receive retail rate forall energy sold to the local utility. 100 kW is a significantly larger, but is still a relatively small electric generator. Federal and state laws also have established relatively favorable procedures and rates for interconnecting renewable generators of under 100 kW capacity. Refurbished wind turbines are currently available in capacities between 40 and 100 kW. Some counties may find that that these turbines are fully consistent with surrounding land uses and opt fora less rigorous set of standards and conditions, Revised 6/14/05 Draft Micro-WECs: Micto-WECS are WECS of 1 kW nameplate generating capacity or less and utilizing supporting towers of 40 feet or less. Property line: The boundary line of the area over which the entity applying for a WECS permit has legal control for the purposes of installation of a WECS. This control may be attained through fee title ownership, easement, or other appropriate contractual relationship between the project developer and landowner. Rotor diameter: The diameter of the circle described by the moving rotor blades. Substations: Any electrical facility designed to convert electricity produced by wind turbines to a voltage greater than 35,000 (35,000 KV) for interconnection with high voltage transmission lines shall be located outside of the road right of way. Total height: The highest point, above ground level, reached by a rotor tip or any other part of the WECS. Tower: Towers include vertical structures that support the electrical generator, rotor blades, or meteorological equipment. Tower height: The total height of the WECS exclusive of the rotor blades. ‘Transmission Line: Those electrical power lines that carry voltages of at least 69,000 ‘Yolts (69 KV) and are primarily used to carry electric energy over medium to long distances rather than directly interconnecting and supplying electric energy to retail customers, Public conservation lands: Land owned in fee title by State or Federal agencies and managed specifically for [grassland] conservation purposes, including but not limited to State Wildlife Management Areas, State Parks, State Scientific and Natural Areas, federal Wildlife Refuges and Waterfowl Production Areas. For the purposes of this section public conservation lands will also include lands owned in fee title by non-profit, conservation organizations. Public conservation lands do not include private lands upon which conservation easements have been sold to public agencies or non-profit conservation organizations. ‘Turbine: A wind turbine is any piece of electrical generating equipment that ‘converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind. Procedures: [Zoning / Land Use] Permits, Conditional Use Permits and Variances shall be applied for and reviewed under the procedures established in Section of the County's Zoning Ordinance, except where noted below. Revised 6/14/05 Draft ‘The application for all WECS shall include the following information: ‘The names of project applicant The name of the project owner The legal description and address of the project. A description of the project including: Number, type, name plate generating capacity, tower height, rotor diameter, and total height of all wind turbines and means of interconnecting with the electrical grid. * Site layout, including the location of property lines, wind turbines, electrical wires, interconnection points with the electrical grid, and all related accessory structures. The site layout shall include distances and be drawn to scale. ‘+ Engineer's certification Documentation of land ownership or legal control of the property ‘The application for Commercial WECS shall also include The latitude and longitude of individual wind turbines. AUSGS topographical map, or map with similar data, of the property and surrounding area, including any other WECS within 10 rotor diameters of the Proposed WECS. ‘© Location of wetlands, scenic, and natural areas [including bluffs] within 1,320 feet of the proposed WECS. [An Acoustical analysis] FAA Permit Application ion of all known Communications Towers within 2 miles of the proposed Decommissioning Plan Description of potential impacts on nearby WECS and wind resources on adjacent properties. Aggregated Projects ~ Procedures Aggregated Projects may jointly submit a single application and be reviewed under joint proceedings, including notices, hearings, reviews and as appropriate approvals. Permits will be issued and recorded separately. Joint applications will be assessed fees as one project. [Aggregated projects having a combined capacity equal to or greater than the threshold for State oversight as set forth in MS Statute 116C.691 through 116C.697 shall be regulated by the State of Minnesota.]° » Aggregated projects have been a grey area, with some regulated by the State and some regulated by Counties. The County may wish to remove uncertainty by directing that all aggregated projects over the 5 MW threshold currently outlined in statute be subject to state regulation. During late 2004, however, the Minnesota Environmental Quality Board determined that aggregated projects of S MW or more are the Jurisdiction of the State, as long as the projets are using one substation and being installed by one developer. Revised 6/14/05 Draft District Regulations WECS will be permitted, conditionally permitted or not permitted based on the generating capacity and land use district as established in the table below: River permitted Distriet Non- Commercial Meteorological ‘Commercial* Tower[*] ‘Agriculture (AI, | Permitted Conditionally Permitted | Permitted A-2, A-3) Rural Residential | Conditionally | Not permitted Not Permitted | permitted | Rural Town Site | Not permitted | Not permited Not Permitted | General Business | Not permitted | Not Permitted ‘Not permitted District | Highway Conditionally | Not Permitted Permitted | Commercial permitted | Light Industry | Permitted Conditionally Permitted | Permitted Heavy Industry | Permitted ‘Conditionally Permitted | Permitted | [Shoreland {may depend upon | Not permitted ‘Not permitted | the lake and the | specific district] Urban Expansion | Conditionally | Not permitted ‘Not permitted Overlay District __| permitted ‘Conservation/ | [Requires [Requires examination of | [Requires Special Protection | examination of the | the district purpose, the _| examination of the district purpose, | underlying resource and_| district purpose, the underlying | the impacts ofa wind _| the underlying resource and the | turbine on that resource] | resource and the impacts of a wind impacts ofa wind turbine on that turbine on that resource] resource] Shoreland Conditionally _| Not permitted Not permitted permitted Wild and Scenic | Conditionally _| Not permitted Not permitted [* Non-Commercial WECS and Meteorological towers shall require a conditional use permit if over ofthe feet in height in accordance with Section County Zoning Ordinance. ] [The county may choose to establish a Wind Energy Development Overlay District in lieu of permitting or not permitting wind existing zoning districts. Counties may also consider a third category of WECS, “Micro Turbines” which have a name plate capacity Revised 6/14/05 Draft equal to or less than 1 kW and utilizing towers of less than 40 feet. Permitting would be more permissive for these machines.] All towers shall adhere to the setbacks established in the following table, Wind Turbine — Non- Commercial WECS Wind Turbine - Commercial WECS Meteorological Towers" Property lines 1.1 times the total height or in Agricultural or Industrial Land Use Districts only. the distance of the fall zone, as certified by a professional engineer + 10 feet [1-171.25] times the total height The fall zone, as certified by a professional engineer + 10 feet or 1.1 times the total height. [Neighboring] Dwellings[*] 730 feet The fall zone, as certified by a professional engineer + 10 feet or LL times the total height. Road Rights-of Way [>"] ‘The distance of the fall zone, as certified by a professional engineer + 10 feet or 1 times the total height. [Or 1 times the height, may be reduced for minimum maintenance roads or a road with an Average Daily Traffic ‘Count of less than 10. The fall zone, as certified by a professional engineer + 10 feet or 1 times the total equivalent to centerline] _| [Or equivalent to centerline] _| height. Other Rights-of Way The lesser of | times the | To be considered by the The fall zone, as (Railroads, power lines, _| total height or the planning commission certified by a etc) distance of the fall zone, professional as certified by a engineer + 10 feet professional engineer + or I times the total 10 feet. height Public conservation lands [NA 600 feet 600 feet | managed as grasslands Wetlands, USFW Types | NA 600 feet 600 feet IIL, TV and V Other Structures To be considered Other Existing WECS NA To be considered based on: * The county may have an existing tower ordinance in place, and may choose to regulate meteorological towers under that ordinance. Revised 6/14/05 Draft ~ Relative size of the existing and proposed WECS -Alignment of the WECS relative to the predominant winds. -Topography -Extent of wake interference impacts on existing WECS. Property line setback of existing WECS. -Other setbacks required. Waived for internal setbacks in multiple turbine projects including aggregated projects. River Bluff [ [500 / 1,000 / 1,320] [* The setback for dwellings shall be reciprocal in that no dwelling shall be constructed within 750 feet of a commercial wind turbine.] [# The setback shall be measured from future rights-of-way if a planned changed or expanded right-of-way is known. ] Setbacks ~ substations and accessory facilities Minimum setback standards for substations and feeder lines shall be consistent with the standards for essential services established in Section of the County Zoning Ordinance. [Substation setbacks - 0 feet / structure setback from road ROW — located wholly outside the ROW. - Property lines 0 feet / structure setback from property lines/side yard.]° * The intent here is to minimize the impact on the scenic qualities of major rivers valleys such as the Mississippi, St. Croix and Minnesota. Care should be taken to avoid excessive setbacks, particulary from bluffs overlooking smaller tributaries tothe mgjor river, Wabasha County Minnesota has adopted mile setbacks from bluffs overlooking tributaries as well asthe Mississippi River. This effectively creates a broad corridor where WECS are prohibited. It may be more appropriate in areas with complex terain to evelop an overlay map that identifies specifi areas where wind development is prohibited, Nearly all zoning ordinances address “essential services” which usually include electric powerlines, and related equipment such as substations. Most substations are sited adjacent to the road ROWs. This conserves farmland and reduces costs for such facilities, but creates some concems for road authorities including site-lines, snow drifting, and financial liabilities that might result from road re-construction, Its ‘recommended that substations associated with WECS be regulated in a manner consistent with essential service regulations. However, if those regulations are not clear then it may be appropriate to establish specific setbacks in the WECS ordinance. Revised 6/14/05 Draft ‘Requirements and Standards Safety Design Standards Engineering Certification — For all WECS, the manufacture’s engineer or another qualified engineer shall certify that the turbine, foundation and tower design of the WECS is within accepted professional standards, given local soil and climate conditions Clearance — Rotor blades or airfoils must maintain at least 12 feet of clearance between their lowest point and the ground, ‘Warnings ~ For all Commercial WECS, a sign or signs shall be posted on the tower, transformer and substation warning of high voltage. [Signs with emergency contact information shall also be posted on the turbine or at another suitable point.] For all guyed towers, visible and reflective objects, such as plastic sleeves, reflectors ot tape, shall be placed on the guy wire anchor points and along the outer and innermost guy wires up to a height of 8 feet above the ground, [Visible fencing shall be installed around anchor points of guy wires.] [Consideration shall be given to painted aviation warning on metrological towers of less than 200 feet.) Standards Total height — Non-Commercial WECS shall have a total height of less than 200 feet. [Section of this ordinance requires a conditional use for all structures over ____ feet in total height. In those districts where meteorological towers are a permitted use, meteorological towers of less than 200 feet shall be exempt from Conditional Use process established for structures of over___ feet in height. |” Tower configuration ~ * In adopting this ordinance, care should be taken to ensure that this section and the District Regulations section are consistent. Most county zoning ordinances require a Conditional Use Permit for structures of 100” or greater. Ifa county chooses to exempt meteorological towers from the CUP process, it should include that language here, and not include the reference back to that section in the District regulations. Conversely, if the county does not wish to exempt meteorological towers from the height triggers for CUP, this language should not be adopted. Revised 6/14/05 Draft All wind turbines, which are part of a commercial WECS, shall be installed with a tubular, monopole type tower. Meteorological towers may be guyed. Color and Finish — All c wind turbines and towers that are part of a commercial WEECS shall be white, grey or another non-obtrusive color. Blades may be black in order to facilitate deicing. Finishes shall be matt or non-reflective. [ Exceptions may be made for metrological towers, where concerns exist relative to aerial spray applicators. ] Lighting ~ Lighting, including lighting intensity and frequency of strobe, shall adhere to but not exceed requirements established by Federal Aviation Administration permits and regulations,..Red strobe lights are preferred for night-time illumination to reduce impacts on migrating birds. Red pulsating incandescent lights should be avoided. [Exceptions may be made for metrological towers, where concerns exist relative to aerial spray applicators.] Other Signage — All signage on site shall comply with section [sign ordinance] of the County Ordinance. The manufacturer's or owner’s company namie and/or Togo may be placed upon the nacelle, compartment containing the electrical generator, of the WECS. Feeder Lines — All communications and feeder lines, equal to or less than 34.5 kV in capacity, installed as part of a WECS shall be buried [where reasonably feasible]. Feeder lines installed as part of a WECS shall not be considered an essential service. This standard applies to all feeder lines subject to County authority. * Waste Disposal ~ Solid and Hazardous wastes, including but not limited to crates, packaging materials, damaged or worn parts, as well as used oils and lubricants, shall be removed ftom the site promptly and disposed of in accordance with all, applicable local, state and federal regulations. Discontinuation and Decommissioning - A WECS shall be considered a discontinued use after 1 year without energy production, unless a plan is, developed and submitted to the County Zoning Administrator outlining the steps and schedule for returning the WECS to service. All WECS and * The model ordinance references the Essential Services Ordinance for determining setbacks for substations and feeder lines in the Setback Section. However, the intent is not to necessarily define the feeder lines as ‘an essential service, ‘The model ordinance anticipates that there will be projects that run feeder lines to {interconnection points that are off site. The ordinance does not intend to provide commercial projects with the same prerogatives asa essential services, but rather to simplify determination of setbacks and placement of substations and feeder lines relative to rights-of-way. Revised 6/14/05 Draft accessory facilities shall be removed to [ground level / four feet below ground level] within 90 days of the discontinuation of use.” Each Commercial WECS shall have a Decommissioning plan outlining the anticipated means and cost of removing WECS at the end of their serviceable life ‘or upon becoming a discontinued use. The cost estimates shall be made by a competent party; such as a Professional Engineer, a contractor capable of decommissioning or a person with suitable expertise or experience with decommissioning. The plan shall also identify the financial resources that will be available to pay for the decommissioning and removal of the WECS and accessory facilities. Orderly Development — Upon issuance of a conditional use permit, all Commercial WECS shall notify the Environmental Quality Board Power Plant Siting Act program Staff of the project location and details on the survey form specified by the Environmental Quality Board. Other Applicable Standards Noise — All WECS shall comply with Minnesota Rules 7030 governing noise. Electrical codes and standards — All WECS and accessory equipment and facilities shall comply with the National Electrical Code and other applicable standards. Federal Aviation Administration All WECS shall comply with FAA standards and permits, [Uniform Building Code ~ All WECS shall comply with the Uniform Building Code adopted by the State of Minnesota. Interference — The applicant shall minimize or mitigate interference with electromagnetic communications, such as radio, telephone, microwaves, or television signals cause by any WECS. The applicant shall notify all communication tower operators within [two / five] miles of the proposed WECS location upon application to the county for permits. No WECS shall be constructed so as to interfere with County or Minnesota Department of Transportation microwave transmissions. Avoidance and Mitigation of Damages to Public Infrastructure ~ ° Removal of materials will provide differing protections to the public welfare. Removal to ground level ‘will eliminate the potential for blight and safety concems associated with un-maintained equipment left standing. Deeper temoval will facilitate the return ofthe site to agricultural production or ther uses, The shallow removal will allow resumption of cropping, and the deeper removal will allow for future tiling or

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