DeWitt County Land Use Committee met March 9

By Michael Abella

Jun 19, 2020

DeWitt County Land Use Committee met March 9.

Here is the minutes provided by the committee:

MEMBERS PRESENT: Terry Ferguson - Chair, Jay Wickenhauser, Cole Ritter, Melonie Tilley and Camille Redman. Also, Dee Rentmeister, County Administrator,

MEMBERS ABSENT: None

SUMMARY OF DISCUSSION:

• Motion by Redman, 2nd by Tilley to approve the claims. Voice vote, motion carried.

Motion by Wickenhauser, 2nd by Ritter to approve last month's minutes. Voice vote, motion carried. Discussion on purchasing measuring equipment – laser measuring device to assist with inspections. Will proceed with obtaining a laser measuring device. Discussion and review of possible revisions to the building permit application form, Committee would like to add “Deck" to the incidental building/structure section along with wording to the "Inspections and Plot Plan" indicating that a licensed plumber must be used when building new buildings; will get with the State's Attorney on the wording. . Zoning report submitted and reviewed.

Ferguson gave committee members copies of the conditions submitted with S250-2019, the Findings of Facts from the ZBA hearing concerning the conditions and a copy of the conditions with his comments for review and possible discussion. Tilley stated that she believed this was not the proper process for the special use request and that she wanted all board members to be present during any discussions concerning S250-2019. Ferguson encouraged members to review these documents and be ready for discussion on the conditions, (Copies of all the documents given to committee members are attached to the minutes)

• Motion by Tilley, 2nd Ritter to adjourn at 6:09 p.m. Voice vote, motion carried,

COMMITTEE ACTION:

Approve the claims. Approve last month's minutes.

RECOMMENDATIONS TO THE FULL BOARD:

None

1. Call Meeting to Order

2. Roll Call

3. Persons Wishing to Address the Committee (If requesting action, also list below in section 4)

4. Items for Discussion and Possible Action

A. Approve Claims B. Approve last month's minutes C. Purchase measuring equipment D. Review/revisions to building permit application form

5. Items for Discussion Only (No Action Requested)

A. Zoning Monthly Report

B. Review conditions and findings of facts on S-250-2019

6. Executive Session:

7. Recommendations:

Posted: March 4, 2020 at 11:00 a.m.

By: Dee Rentmeister

Attachment S - Requested Conditions

Alta Farms Wind Project II, LLC (Alta Farms) has proposed the following conditions of approval be adopted for the Special Use Permit (SUP) in addition to any other conditions that the County finds appropriate. In some cases, these conditions formalize Project commitments. In others, the conditions are proposed in order to provide clarity to provisions of the DeWitt County Code of Ordinances. This kind of clarity is necessary when proposing to invest millions of dollars on a Project that will require coordination with the County for decades to come. It is to the benefit of the County and Alta Farms that the obligations and procedures of the SUP are clearly stated.

Alta Farms shall curtail Project wind turbines as soon as reasonably feasible after a National Weather Service (NWS) issuance of a severe thunderstorm warning and/or tornado warning for DeWitt County, Curtailment shall continue for the duration of the warning and consist of feathering the wind turbine blades to minimize rotation. Alta Farms shall implement this curtailment strategy throughout the life of the Project unless and until modifications to this strategy are mutually agreed upon by Alta Farms and the NWS based on NWS recommendations and/or advances in technology, science or weather prediction methods.

Alta Farms shall provide access to 10-meter precipitation, wind speed, and wind direction data that is available from an Alta Farms meteorological tower in the Project Area to the NWS in a format and delivery method mutually agreed upon by Alta Farms and the NWS.

Per documentation of Alta Farms coordination with the National Telecommunication and Information Administration and National Oceanic and Atmospheric Administration provided in the SUP Application, Alta Farms submitted wind turbine locations shown in the Project Site Plan with maximum wind turbine heights being considered to National Weather Service (NWS), and upon review, NWS determined that the Project would have low impact on the Lincoln, Illinois NWS WSR-88D (Weather Surveillance Radar – 1988 Doppler) Next Generation Weather Radar (NEXRAD). Since the communication noted above, Alta Farms has been in ongoing communication with the NWS Radar Operations Center (ROC) and the Lincoln, Illinois Weather Forecast Office (WFO) to reconfirm NWS's analysis of the Project having low impact on the Lincoln, Illinois NEXRAD. Alta Farms anticipates no adverse operational impacts to the Lincoln, Illinois NEXRAD due to the placement of the Project. Although NWS did not request additional changes to the Project, Alta Farms understands the concern raised by members of the community regarding the operation of the Lincoln, Illinois NEXRAD. As a result, Alta Farms is proposing a condition of approval that it will curtail wind turbines during severe thunderstorm warnings and tornado warnings issued by the NWS for DeWitt County and share certain weather data collected in the area subject to the SUP. If technology changes such that the NWS does not consider such measures appropriate or an agreement is reached with the NWS on alternative measures, such measures will be implemented.

2. Alta Farms shall model shadow flicker based on the Final Site Plan, and if more than 30 hours a year of expected shadow flicker would occur in a residence existing and occupied at the time of the Application submission as a result of the final Project configuration, Alta Farms shall implement a curtailment strategy to reduce the expected shadow flicker to 30 hours or less within a calendar year. Alta Farms shall provide an updated Shadow Flicker Analysis at the time of Building Permit Applications for wind turbines.

This condition was added to formalize the commitment that Alta Farms has made to mitigate expected shadow flicker.

3. In order to comply with Section 153.26(E) of the DeWitt County Code of Ordinances,

Alta Farms shall provide the County with Determinations of No Hazard to Air Navigation (DNHS) from the Federal Aviation Administration (FAA) for the final wind turbine locations prior to installation of tower sections for each wind turbine.

The Code currently provides as follows: "A determination of 'no hazard' for each wind turbine must be obtained from the FAA as a condition precedent for the installation of each turbine." Sec. 153.26(E). Although, based on this language, the DNHs are not required until installation of actual turbine tower components commences, Alta Farms has provided DNHs in this SUP Application. This condition clarifies that Alta Farms will provide a DNH based on a wind turbine's final location to the County prior to installation of towers sections for each turbine.

4. The Harrier Aircraft Detection Lighting System (ADLS) manufactured by DeTect, Inc. is approved by the County for use at the Project. Additionally:

a. Prior to Building Permit Application submittal for a wind turbine, Alta Farms shall request approval of the Detect Harrier ADLS from the FAA.

b. With the Building Permit Application for each ADLS structure, Alta Farms shall provide the County final locations of ADLS components.

c. Prior to the installation of any wind turbine tower sections, Alta Farms shall provide the County the FAA approval of the requested ADLS.

d. All ADLS structures and associated components approved by the FAA are hereby approved by the County to be sited anywhere on Participating Property in compliance with all applicable standards of the DeWitt County Code of Ordinances.

e. Prior to Commercial Operation of the Project, the ADLS shall be installed and fully operational,

f. Alta Farms shall operate ADLS continuously for the life of the Project except for standard maintenance, emergency situations or any changes in FAA regulations.

Alta Farms has proposed this condition to address the Code requirement of pursuing installation of an ADLS system with the FAA. In order to submit a request to the FAA to use ADLS, Alta Farms needs to specify the ADLS provider. Alta Farms has determined that the Detect Harrier ADLS is the most effective system available for the Project. DeTect is an approved vendor for such technology by the FAA. Under the Ordinance, the County Board is vested with the authority to choose the ADLS provider by majority vote. Alta Farms seeks approval of the County Board to submit a request to the FAA to use the Harrier ADLS manufactured by DeTect. This condition also clarifies that Alta Farms will provide documentation of approval of the ADLS by the FAA to the County with the Building Permit Applications. Finally, it clarifies that as a part of this SUP, components required for ADLS are approved to be sited on Participating Property in locations that comply with the standards of the Code, including all relevant setbac This is important because the FAA and manufacturers may require shifts or additions in locations of ADLS components from the locations shown on the Project Site Plan as a part of the siting approval process. In order to avoid a delay in installation of ADLS, Alta Farms is seeking permission to place ADLS components on Participating Property in locations that meet applicable Ordinance standards.

5. Above ground cable junction boxes utilized as a part of the underground power collection system shall be located adjacent to wind turbines, private gravel access drives or within a reasonable distance to the public road right of way pursuant to terms of the Road Use Agreement.

This condition has been proposed to ensure that underground cable junction boxes, which are above ground, are located in easily accessible locations adjacent to wind turbines access roads or public road right of way so that they do not unnecessarily interfere with landowner farming operations.

Alta Farms may not begin producing energy for commercial sale until after it has provided written notice (“Notice of Commercial Sale") to the County certifying that the Project has been constructed in accordance with the DeWitt County Code of Ordinances, except that Alta Farms may produce energy required for testing, commissioning and pre-commercial generation and sale of electricity sufficient to ensure the WESF is operating in a safe and efficient manner, in accordance with the Ordinance, and to meet Alta Farms' contractual and regulatory obligations with Comed, PJM, PPA off-takers, and others. Full commercial operation may begin thereafter.

This condition clarifies that certain standard start up procedures for a WECS that will produce energy prior to the commercial operations date of a WECS are permitted. This condition is intended to avoid any confusion that could occur if County officials see wind turbine blades spinning prior to receiving notification regarding start up. It also provides clarity of the timing of notice to the County pursuant to Sec. 153.28(A) in relation to typical activities performed by WECS owners prior to the commercial operations date.

7. Alta Farms shall be responsible for the reasonable expenses of a mutually agreed upon third party consultant to be hired to assist the County to review Building Permit Applications for the Project to ensure compliance with the DeWitt County Code of Ordinances.

Alta Farms has proposed this condition to facilitate timely County review of the roughly 80 Building Permit Applications that are expected to be submitted at no cost to the County. This condition is consistent with the requirement of Alta Farms pursuant to DeWitt County Code Section 153.26(B) to retain a consultant at its expense to observe construction of the WESF and provide reports to the County. Hiring a qualified consultant to assist in review of Building Permit Applications will assist the County by reducing the strain on County resources and freeing its employees to focus on other business. At the same time, it may assist Alta Farms by shortening the timeframe for approval of Building Permit Applications due to having a dedicated consultant focused on this review. The Building Permit Applications for Project Facilities will be complex and require specialized expertise to review. Facilitating review by a consultant that is familiar with WECS structures would prove beneficial to the County.

8. Alta Farms shall finalize with the DeWitt County Board a Complaint Logging and Investigation Plan pursuant to Ordinance Section 153.27 (G)(2).

This condition formalizes how the County and Alta Farms will work together on the Complaint Logging and Investigation Plan. Section 153.27 (G)(2) provides that the "applicant of the WESF shall, at the applicant's expense and in coordination with the county, develop a system for logging and investigating all complaints related to the operational standards set forth in this chapter." However, it does not specify timing, how the County and Alta Farms will coordinate on such a plan and it does not provide express County authority to approve or deny such a plan. Alta Farms has submitted a draft Complaint Logging and Investigation Plan in this Application. This condition

the County Board approve the final Plan before issuance of the first Project wind turbine Building Permit. This establishes timing for the plan to be finalized and requires coordination to obtain the County Board's approval.

9. Alta Farms shall enter into a Decommissioning Agreement with the County prior to issuance of the first Building Permit for a wind turbine. The Decommissioning Agreement shall be consistent with the DeWitt County Code of Ordinances and the Agricultural Impact Mitigation Agreement.

By adopting this condition, the County Board establishes that a Decommissioning Agreement must be negotiated, finalized and fully executed before the County issues Building Permit for a Project wind turbine. Section 153.30 (B) requires such an agreement and details certain items that must be included within the agreement, however it does not establish when or how it is to be finalized and executed with the County. This condition also confirms that the Decommissioning Agreement will be consistent with the terms of the Code of DeWitt County and the AIMA which sets forth certain decommissioning obligations. Alta Farms has provided a draft Decommissioning Agreement in this Application that meets these requirements as a starting point.

10. Alta Farms shall comply with the Illinois Drainage Code, 70 ILCS 605/1 et seq., and obtain all necessary consents or approvals from the various Drainage Districts in which facilities are constructed.

As noted in the SUP Application, Alta Farms initiated coordination with the Drainage Districts in 2018. Following approval of the SUP, Alta Farms will continue communication with the commissioners of each drainage district concerning the Project infrastructure that will cross drainage district facilities such as drain tiles, open ditches and surface drains. Additionally, Alta Farms will comply with the requirements of the Illinois Drainage Act, 70 ILCS 605 et seq., and obtain all necessary permission or agreements for the installation of Project infrastructure. This condition reinforces the Project's commitment to compliance with the statutory provisions noted.

11. Alta Farms shall employ dust control measures consistent with the Road Use Agreement executed with the County during Project construction. Only lignin, water, or other measures which may be approved by the local road authority shall be used for dust control on local roads and access roads.

This condition formalizes the requirement to employ dust control measures and types of dust control measures that may be used under the RUAS.

12. Alta Farms shall implement the recommendations of the Illinois Department of

Natural Resources (IDNR) as detailed in the IDNR letters dated May 11, 2018 and July 23, 2019 and as committed to by Alta Farms response to the IDNR dated June 4, 2018. Regarding IDNR Recommendation #3, it is noted that over the life of the project advances in technology, science, species behavior, etc. may result in different recommendations and/or better alternatives for bat conservation. If such

se and are mutually agreed upon by both Alta Farms and IDNR, modified bat conservation measures may be implemented.

This condition is intended to formalize the Project's commitment regarding implementation of IDNR recommendations in the documentation referenced as provided as Attachments in its Application.

13. The SUP shall become effective on the date approved and shall remain in effect for the life of the Project provided that Alta Farms submits a Building Permit Applica within three years from the date the SUP was approved and remains in compliance with the SUP. In the event that Alta Farms does not submit a Building Permit Application within this time period, the County may provide notice to Alta Farms and schedule a public hearing to consider action on the SUP,

This condition has been proposed to clarify the term of the SUP and conditions and procedures for revocation. It is intended provide clarity to certain provisions of the Code. For example, Sec. 155.130(E) provides as follows: "Where a special use permit has been issued pursuant to the provisions of this chapter, the permit may become null and void by action of the County Board upon recommendation of the Planning Commission within one year of the date granting the special use." This provision is vague, providing no required standards by which to determine whether to revoke a special use permit nor procedures. No rational investor would spend millions of dollars building a project if it were possible that the County could revoke the permit within a year for no reason. Furthermore, there is no clear language in the Ordinance that indicates when a Building Permit Application must be submitted for a special use permit to remain valid. The Ordinance specifies when WESF construction must be completed after work begins on the first wind turbine tower. It also includes general information on expiration of a "zoning use permit" (which appears to be used along with "zoning permit" interchangeably with "building permit") but nothing specific to a SUP for a WESF. For this reason, this language has been proposed to provide certainty to the County and Alta Farms regarding expiration and revocation of the SUP.

14. Alta Farms may commence road work pursuant to the Road Use Agreement(s) prior to the issuance of Building Permits for WECS structures.

This condition clarifies that work authorized by the road authorities pursuant to the RUAs may begin before the County has issued any building permit for a WECS structure. The RUAs detail procedures and authorization for a number of activities that must occur prior to use of the public roads for delivery of construction materials including road inspections and road improvements. This condition is intended to clarify between County officials and Alta Farms that activities authorized by the RUAs may begin prior to issuance of a Building Permit.

AIta Farms shall identify the final model, name plate capacity and dimensions of the wind turbine for each Building Permit Application from those models identified in the SUP Application.

Alta Farms is requesting County Board approval to utilize any combination of the wind turbine models identified in the SUP Application. This condition clarifies that Alta Farms is approved to install only the wind turbine models identified in the SUP Application. It also requires Alta Farms to identify the model, name plate capacity and dimensions of the actual wind turbine model to be used in each Building Permit Application for a wind turbine for the County's review and approval.

16. Alta Farms may submit Building Permit Applications for individual Project components individually, in groups or all together. Such applications shall be processed and approved by DeWitt County as they are submitted.

This condition is intended to clarify the process for submission and review of Project Building Permit Applications, to be processed as they are submitted. Construction of a WECS/WESF is an extensive and time-sensitive process that will require close coordination with the County. Certain Project components must be constructed at the beginning of the process while details of other components may not yet be finalized. For this reason, it is not practical nor necessary to require all Building Permit Applications for the Project to be submitted at the same time nor to hold up approval of the first Building Permit Applications until all Building Permit Applications have been submitted and approved.

17. Building Permit Applications for the Project and associated forms shall be signed by Alta Farms as Applicant and shall not require the signatures of Participating Property owners because Alta Farms has submitted with its SUP Application evidence of Alta Farms' authorization to apply for such permits on behalf of the Participating Property owners.

Alta Farms seeks this condition to clarify the procedure to be used to apply for Building Permits. Each of Alta Farms' agreements for Participating Properties contain language authorizing Alta Farms to seek and obtain the required permits for the Project on the landowner's behalf. Each Participating Landowner, or their predecessor in interest, has authorized Alta Farms to seek the necessary permitting on his/her/its respective property and Alta Farms is acting as the agent and applicant for each Participating Property. Participating Property owners similarly have authorized Alta Farms to apply for Building Permits. The Wind Ordinance clearly recognizes that the applicant may not be the property owner. Section 153.05 defines a "participating residence" as one that is "subject to an agreement, authorization, or lease with the wind energy system facility developer". Through Participating Landowners' authorizing Alta Farms to submit a Building Permit Application in such agreements, Alta Farms application is in compliance with the Code with application forms signed by Alta Farms as applicant and the owner's agent. The County application forms provide separate signature lines for the "applicant" and the "owner." Similar to the Wind Ordinance, the forms recognize that an authorized applicant may submit a building permit application on behalf of the owner of the land.

18. As a part of the Building Permit submittal for each wind turbine, Alta Farms shall submit a Final Site Plan demonstrating that final WECS structures are sited in compliance with the DeWitt County Code of Ordinances, Final WECS structures and meteorological towers may not be shifted from the locations depicted in the Project Site Plan to the Final Site Plan by more than 100 feet, shall remain on a Participating Property identified in the SUP Application and shall remain in conformance with the DeWitt County Code of Ordinances, including all relevant setback and sound requirements. On the Final Site Plan, underground cable and private access roads may be sited anywhere on a Participating Property in compliance with relevant standards of the DeWitt County Code of Ordinances.

As with any type of development project, the final location of Project Facilities is detailed in the Final Site Plan provided with the Building Permit Applications. Alta Farms requests this condition to clarify the extent of moves that will be permitted in siting wind turbines and meteorological towers from the Project Site Plan included in this Application to the Final Site Plan submitted with the Building Permit Applications. Alta Farms needs flexibility to shift these structures up to 100 feet to accommodate factors such as ADLS siting, geotechnical considerations and presence of ground or surface water. The final locations of private access roads and underground cabling on Participating Properties will need to shift to accommodate these moves. All WECS/WESF locations will be provided on the Final Site Plan with Building Permit Applications to evaluate compliance with the Ordinance.

19. Pursuant to Section 155.126(A)(3) of the Zoning Ordinance no Building Permit shall be required for the Project switchyard, provided Alta Farms submits documentation to the County of an executed agreement with a public utility entity/regional transmission operator evidencing that the switchyard will be a public utility asset upon completion of construction. Notwithstanding the foregoing, Alta Farms shall obtain all other relevant local, state or federal approvals and comply with the applicable requirements of the Road Use Agreements and the Agricultural Impact Mitigation Agreement for the switchyard.

Section 155.126(A)(3) provides that "no permit shall be required for the following uses which include "Public utility structures and installations such as sanitary sewers, laterals, vaults, electric lines, water lines, utility poles, cables, tiles or other similar distribution components." Alta Farms expects to execute an agreement for the Project switchyard with a public utility entity or regional transmission operator. If so, this switchyard would be a public utility structure exempted from permitting requirements by the Zoning Ordinance. This condition clarifies that if documentation of such an agreement is provided to the County, no Building Permit will be required for the switchyard.

20. Alta Farms shall work with the County to provide a safety notice/no trespassing/E-911 sign at such locations as deemed reasonably necessary by Alta Farms and the County. The specific locations, design and content of the sign(s) shall be reviewed and approved by the County as a part of the Building Permit Applications for wind turbines.

This condition is proposed to clarify Section 153.27(E)(1) Signage which provides as follows: "The applicant shall provide reasonable signage at the WESF, identifying the premises as being part of the WESF and providing appropriate safety notices and warnings against trespassing. The no trespassing signs shall be posted around the entire premises at an appropriate distance for posting, but no less than two conspicuous places for every 40 acres." There are a number of questions that this provision raises that this condition is designed to address by detailing how the County and Alta Farms will coordinate on the design and location of such signage. One interpretation of this Section could require 600 signs, while a more reasonable interpretation would focus on signage at least every 40 acres of conspicuous locations within the Project Area. Alta Farms proposes to coordinate with the County to approve the design and content and locate such signage at each intersection of a Project private gravel access drive with the public roadway network and at other reasonable and conspicuous locations within the Project Area as deemed appropriate by the County.

21. Alta Farms may replace equipment during the life of the Project with like-kind equipment, which shall include technology and equipment with similar physical and mechanical characteristics without the need to re-permit. Alta Farms will hire an independent, licensed professional civil, mechanical or electrical engineer to evaluate the proposed modifications and their compliance with the Code of DeWitt County and conditions of the SUP. Upon completion of the engineer's analysis, Alta Farms will provide a report to the County. In the event of a complete re-powering of the Project, which shall include replacement of the wind turbine nacelle and associated internal mechanical components and wind turbine blades of more than 50% of the Project WECS in less than a given 24-month time period (for reasons other than acts of God), re-permitting shall be required under the terms of the Code of DeWitt County and other regulations then in effect.

This condition is proposed to address the details of how Alta Farms and the County coordinate on equipment replacement in compliance with Section 153.28(C). This provision requires re-permitting for a "modification that alters the mechanical load, mechanical load path or major electrical components". It also provides that "like-kind replacements will not require re-permitting." However, it is not clear what the County considers "like-kind equipment". Finally, consistent with the condition, the Wind Ordinance provision provides that the WESF owner must "hire an independent licensed professional civil, mechanical or electrical engineer to determine whether the physical modification requires re-permitting." Note that it does not detail any coordination between the County and the WESF owner regarding the report to be created, not even a requirement that the report be provided to the County. The condition addresses these issues by defining what would be considered "like-kind equipment" and establishing coordination with the County on the report. Any modification found to not to be "like kind equipment" through the report required by the Zoning Ordinance would still require re-permitting. The condition simply provides criteria to determine what is considered "like-kind". In addition, this condition clearly establishes that repowering, as defined, would require re-permitting, regardless of any report-finding.

22. Alta Farms shall, on an annual basis, report to the County Board a yearly summary of:

a. operation and maintenance reports of the WECS/WESF b. Any material physical modifications made to the WECS C. Complaints received through the Complaint Logging and Investigation Plan pertaining to operational standards of Section 153, including setbacks, noise, appearance, safety, lighting, use of roads and shadow flicker.

This condition has been added to formalize the requirement of providing an annual report to the County pursuant to Ordinance Section 153.10(G). This is also consistent with the requirements of Section 153.27(G)(2) regarding logging of complaints.

23. Alta Farms shall construct and operate the Project in compliance with the conditions of the Special Use Permit, the applicable provisions of the DeWitt County Code of Ordinances and all other applicable local, state and federal requirements.

This condition formalizes the requirement to construct and operate the Project in compliance with all applicable ordinances, conditions and requirements at the local, state and federal level.

DEWITT COUNTY ZONING BOARD OF APPEALS

201 W. Washington Street

Clinton, IL 61727

FINDINGS OF FACT:

RE: Alta Farms Wind Project II LLC is a wholly-owned subsidiary of Tradewind Energy, Inc. (Tradewind) is requesting to construct and operate a state of the art Wind Energy Conversion Systein (WECS) and Wind Energy System Facility (WESF) that consists of approximately 66 individual wind turbines no taller than 599 feet total tower height. Alta Farms Wind Project II LLC farm project is situated over approximately 11,765.88 acres within Barnett, Wapella, and Clintonia Township.

Case # S-250-2019

The DeWitt County Zoning Board of Appeals herein sets forth the record, findings and the decision on an application for a wind energy system facility, relative to the following described property:

See attached Notice of Hearing for legal description of properties. Said property is more commonly described as: See attached Notice of Hearing for described property.

In summary, the applicant request:

Construct and operate a state of the art Wind Energy Conversion System (WECS) and Wind Energy System Facility (WESF) that consists of approximately 66 individual wind turbines no taller than 599 feet total tower height. Alta Farms Wind Project II LLC farm project is situated over approximately 11,765,88 acres within Barnett, Wapella, and Clintonia Township,

After due and proper notice, as required by law, the DeWitt County Zoning Board of Appeals, held a public hearing on said request. The hearing was held at the following time and place:

TIME - January 7th, 8th, 9th, 13th 14th, 15th, 16th, 21st, 22nd, 23rd, 27th, 28th, 29th, 30th, 2020 and February 4th, 5th, 6th 2020 from 6:00PM to 9:00PM.

PLACE - The Abagail, 1520 E. South St., Clinton, IL 61727. The following persons and / or parties testified, either in person, by council, or by written statement: See attached sign in sheets, and exhibits for details.

The TESTIMONY, EVIDENCE, DOCUMENTS, AND EXHIBITS, presented at said public hearing, relevant to said case, reveal that:

Mark Sterr, Dave Waters, Andy Hedrick, Steve Perring, Sarah Owens, all felt the Special Use Permit Applications is incomplete, due to Tradewind not pursuing the Aircraft Lighting Mitigation Systems and no executed decommissioning plan was included with the Special Use Permit Application. Mark Sterr said many different interpretations of our DeWitt County ordinance has been noted throughout these hearings. Chapter 153.06 of DeWitt County Code, adopted in 2009 has not been discussed very much throughout this process, and feels this can help with this, Chapter 153.25 (E) (1) - the applicant shall be required to pursue the use of Aircraft Lighting Mitigation System; feels the applicant should have included a copy of the application to FAA. Chapter 153.30 - an executed decommissioning plan is extremely important to protect our County's finances, and if not done correctly could drastically or limit the Economic Impact Study submitted by Alta Wind Farms II. Encourages the County Board members to read testimony from Dana Korneman and the documents he submitted into the record. Also highly recommends that the County Board work with Alta Farms to fix these two incomplete items before approving SUP, Otherwise if not fix, this SUP application is not in compliance with Chapters 153,06; 153.25 E or Chapter 153,30. Tradewind has attached 23 proposed conditions to this SUP application. Since the applicant requested the proposed conditions, feels it is prudent to review these conditions and make changes or recommendation for the County Board to consider. Andy Hedrick feels the decommissioning plan needs to be upfront to protect further generations; drainage agreements need to be done now to help protect drainage tiles in this area, the area he knows so well. Steve Perring feels this SUP is incomplete on several different levels, and he is disappointed that the County would hold Tradewind to a different standard than our own De Witt County citizens, if they would come to apply for a SUP before this board. He feels the revenue that Tradewind is presenting will be brought in, is based on running these turbines 24/7: 365 days a year and that is not realistic. Sarah Owens feels the missing signatures make this an incomplete application as well: also by Tradewind not supplying an FAA application for ADLS. This is under the section of the Special Use Permit regulations, not the building permit regulations. She feels conditions should be added by the ZBA and the County, not

Tradewind. John Griffin disagrees that this application is incomplete. He feels the missing signatures are covered under the lease agreements. He feels Tradewind has pursued the ADLS for the project by the definition of pursue. Feels a decommissioning plan cannot be executed at this time, How can you execute a decommissioning plan before the project is built? He feels this project is an economic benefit for the County, Please review verbatim transcripts for more details of the discussion.

See attached Finding of Facts on each of the six factors for details. Also verbatim transcripts will be sent to you for review,

Accordingly the DeWitt County Zoning Board of Appeals, hereby recommends approval for Special Use Permit S-250-2019, as presented by a vote of one (1) yes and five (5) no, with members John Griffin supporting, and members: Dave Waters, Steve Perring, Mark Sterr, Sarah Owens, and Andy Hedrick opposing. It is forwarded onto the County Board with no recommendation for approval.

Respectfully,

DeWitt County Zoning Board of Appeals

SPECIAL USE STANDARDS

1. Will the establishment, maintenance, or operation of the Special Use, be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

John Griffin feels two words are being overlooked in this factor, “public and general”. No one person, in any circumstances, at any level of impact is given a singular right to control the common good at any time, now or in the future. He feels the curtailment will only enhance the radar capabilities in regards to safety, Mark Sterr did have concerns regarding Doppler radar interference on the last submission, but feels this time around Tradewind has tried to mitigate the problem with curtailment. Regarding safety, Sarah Owens feels they should have taken it one step further to ease the concerns of the board members and the citizens of DeWitt County and should have attached a letter of intent, and a plan of action on how curtailment was going to work. Refer to transcripts for detail of discussion.

2. Will the Special Use be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, not substantially diminish and impair property values within the neighborhood?

1). Steve Perring wished that he could have heard testimony from anyone who does not have a financial stake in the project to explain how it will not have a negative affect on property value, lighting, shadow flicker on the residence within the footprint. Andy Hedrick said we had heard a lot of testimony regarding this project being injurious to use and enjoyment of their property. Testimony was given from a couple with three children that it would be injurious to their health regarding shadow flicker. We should consider whether it affects one family on ten families. He feels Zoning is about protecting you from your neighbors, Dave Waters feels the noise, low frequency noise, shadow flicker, and lighting are injurious to the use and enjoyment of surrounding properties. It is one thing when you are a participating landowner compared to a non-participating property owner within the footprint of the project. He feels non-participating property owners should not be subject to this. John Griffin feels that property values will not be diminished for people within the footprint of the project. He feels the applicant is not responsible for decrease in property value. There are a lot of variable that can affect property value. There are no objective standard regarding enjoyment, It cannot be measure. Sarah Owens disagrees. She said a couple in the audience testified these turbines will affect their special needs children tremendously, and that should not be overlooked, Refer to transcripts for detail of discussion.

3. Will the establishment of the special use impede the normal and orderly development and improvement of surrounding property for uses permitted in the District?

John Griffin said several persons have purchased or sought to purchase property within the footprint of the property. Some of these purchasers object to this project, and claim they were not told or given information but they continue to cash checks. He cannot find anything in the DeWitt County ordinance that prohibits children from building homes on family property because of existing wind towers. Also it does not prohibit to build a barn or a shed on their own property because of wind towers. The applicant has not impeded on normal development. Dave Waters stated the orderly and normal development in this area is soybean and corn or home building; if it applies in the area. This is the current normal development in the area. This is something they need to consider whether it fits into this area or not. Steve Perring said the wind ordinance passed back in 2009 accepts wind energy has a possible project. This area is prime farm ground and feels the siting for a wind farm would be much more suitable than the farm ground that our family depends upon to feed their families. Andy Hedrick feels drainage could be damaged very easily during the construction phase and throughout the project. In Macon County a lot of fields have been ruined, so he does not want this to happen here in DeWitt County. Refer to transcripts for detail of discussion.

4. Adequate utilities, access roads, drainage and necessary facilities have been or will be provided

Sarah Owens agree with the Chairman regarding drainage. There are no agreements in place with the drainage district, as stated in testimony. Agreement should be in place now not later. John Griffin disagrees. He stated road agreement are in place. Tradewind address tiles, roads, repairs, timelines, what to put on the road with dust, etc in the agreement with the State. He does not care about any agreement; he does not care about what is in the agreement. He wants tiles fixed and Tradewind has said they would fix the tiles, Andy Hedrick disagreed. He said they should have an agreement with the farmers here in DeWitt County, not the State. He knows the tile in that area more than anyone else. Cannot afford to go back to the way it was when he was a kid, like a swamp. Steve Perring said he knows Radford Run is not the same project, but he knows some people that is in the footprint of the project. These individuals are still having problems with drainage and the agreement is only for 4 yrs. They are now in their 3rd year. Refer to transcripts for detail of discussion.

5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion the public streets or roads.

Andy Hedrick stated he knows of someone that lives in the footprint of Macon County wind farm, and six months ago their roads were still not fixed. He stated the substance they use to help control the dust on the roads has made two sets of headlights on their automobile rust out. Refer to transcripts for detail of discussion.

6. Does the special use in all other respects, conform to the applicable regulations of the district in which it is located.

Mark Sterr stated this has not been met, due to the missing decommissioning plan, which is specified is our ordinance that it is needed at the time of the Special Use Permit; also the pursuing of the aircraft lighting mitigation system. This makes the Special Use Permit Application incomplete. Refer to transcripts for detail of discussion.

The above six factors should be considered when determining a special use permit.

ATTACHMENTS - REQUESTED CONDITIONS FROM TRADEWIND

Feels it is prudent to go over the 23 conditions. If this SUP is approved, by the County Board, then these conditions will be part of how it operates. Typically in the past, the ZBA have recommended conditions on other SUPapplications, but not on windfarms. In this case, it is a little different; the applicant has requested these conditions be added, so it is prudent for the ZBA members to review these conditions before sending them onto the full County Board. Refer to transcripts for detail of discussion,

Condition Number 1 - If this SUP is an approved by the County Board ZBA would recommend that the County Board be added to the discussion on the curtailment strategy, not just Tradewind, and NWS, Feels if they don't curtail, then some type of fine should be placed on the owners of the facility. A letter of intent and curtailment plan should be included with this application. Refer to transcripts for detail of discussion.

Condition Number 2 -- Recommend this be changed to zero shadow flickers on participating or non-participating residences. Adding the participating landowners, because the lease agreement goes with the land/home, and if the property sells, then the new owner should have that option to make that decision as well. Refer to transcripts for detail of discussion.

Condition Number 3 - Feels this is already in our ordinance so why is this condition needed. Delete this condition.

Condition Number 4 - ZBA recommends this not be in there, because it should be supplied at the time of the submission of the SUP application. Refer to transcripts for detail of discussion.

Condition Number 5 - ZBA recommends this condition stays. Refer to transcripts for detail of discussion.

Condition Number 6 - Recommend the last sentence but changed to "full commercial operation may be in accordance with the provision specified in 153.28 - Operations”. Refer to transcripts for detail of discussion.

Condition Number 7 – ZBA recommends this condition stays.

Condition Number 8 - ZBA recommends this condition stays.

Condition Number 9 – ZBA recommends the decommission plan be in place prior to the approval of the SUP. This condition is not needed because it should be done prior to the issuance of the SUP. Refer to transcripts for detail of discussion.

Condition Number 10 - ZBA recommends that the drainage issues be addressed to protect the farmers in that area before the issuance of the Special Use Permit. Need to refer to the problems Macon County's is having and try to prevent it happening in DeWitt County. Refer to transcripts for detail of discussion.

Condition Number 11 - ZBA recommends this condition stays.

Condition Number 12 - ZBA recommends in the last sentence adding DeWitt County Board. "If such circumstances arise and are mutually agreed upon by DeWitt County Board, Alta Farms, and IDNR modified bat conservation measures may be implemented.

Condition Number 13 - ZBA recommends deleting this condition. They consider this as a variance to the County Code. Tradewind should have to go through the same process of what DeWitt County residents have to do regarding SUP applications. Refer to transcripts for detail of discussion,

Condition Number 14 - ZBA recommends one sentence be added to this condition, "Road work shall not begin until a fully executed agreement with the Drainage Districts impacted by the project is provided to the Zoning Administrator.” Refer to transcripts for detail of discussion.

Condition Number 15 - ZBA recommends this condition stays.

Condition Number 16 - ZBA recommends this condition stays.

Condition Number 17 - ZBA recommends this condition stays.

Condition Number 18 - ZBA recommends this condition be deleted, Feels it is a variance to the County's code. Refer to transcripts for detail of discussion.

Condition Number 19 - ZBA recommends this condition stays. Refer to transcripts for detail of discussion.

Condition Number 20 - ZBA recommends this condition stays.

Condition Number 21 - ZBA feels there should be more discussion on this condition, Refer to transcripts for detail of discussion,

Condition Number 22 - ZBA recommends this condition stays.

Condition Number 23 - ZBA recommends this condition stays.

Mark Sterr made the motion to make these recommendations to the County Board, seconded by Steve Perring. Mark Sterr, Aye; Sarah Owens, Aye; John Griffin, Nay, Dave Waters, Aye; Steve Perring, Aye and Andy Hedrick, Aye.

Alta Farms shall curtail Project wind turbines as soon as reasonably feasible after a National Weather Service (NWS) issuance of a severe thunderstorm warning and/or tornado warning for DeWitt County. Curtailment shall continue for the duration of the warning and consist of feathering the wind turbine blades to minimize rotation. Alta Farms shall implement this curtailment strategy throughout the life of the Project unless and until modifications to this strategy are mutually agreed upon by Alta Farms and the NWS based on NWS recommendations and/or advances in technology, science or weather prediction methods.

Failure to curtail turbine operation by the owners of Alta il Farms during a severe weather or tornado warning for DeWitt Co shall cause the owners of the facility to pay DeWitt County $5,000 per event. Also curtail when severe weather warning is given for Logan County,

Require a written agreement with NWS for curtailment plan

Weather Surveillance Radar --- 1988 Doppler) Next Generation Weather Radar (NEXRAD). Since the communication noted above, Alta Farms has been in ongoing communication with the NWS Radar Operations Center (ROC) and the Lincoln, Illinois Weather Forecast Office (WFO) to reconfirm NWS's analysis of the Project having low impact on the Lincoln, Illinois NEXRAD. Alta Farms anticipates no adverse operational impacts to the Lincoln, Illinois NEXRAD due to the placement of the Project. Although NWS did not request additional changes to the Project, Alta Farms understands the concern raised by members of the community regarding the operation of the Lincoln, Illinois NEXRAD. As a result, Alta Farms is proposing a condition of approval that it will curtail wind turbines during severe thunderstorm warnings and tornado warnings issued by the NWS for DeWitt County and share certain weather data collected in the area subject to the SUP If technology changes such that the NWS does not consider such measures appropriate or an agreement is reached with the NWS on alternative measures, such measures will be implemented,

2. Alta Farms shall model shadow flicker based on the Final Site Plan, and if more than 30_ hours a year of expected shadow flicker would occur in a residence existing and occupied at the time of the Application submission as a result of the final Project configuration, Alta Farms shall implement a curtailment strategy to reduce the expected shadow flicker to 30__ hours or less within a calendar year. Alta Farms shall provide an updated Shadow Flicker Analysis at the time of Building Permit Applications for wind turbines.

This condition was added to formalize the commitment that Alta Farms has made to mitigate expected shadow flicker.

Zero shadow flicker allowed for non paid, non participating residences

3. In order to comply with Section 153.26(E) of the DeWitt County Code of Ordinances, Alta Farms shall provide the County with Determinations of No Hazard to Air Navigation (DNHs) from the Federal Aviation Administration (FAA) for the final wind turbine locations prior to installation of tower sections for each wind turbine.

Consider deleting this is in the county code The Code currently provides as follows: "A determination of 'no hazard' for each wind turbine must be obtained from the FAA as a condition precedent for the installation of each turbine." Sec. 153.26(E). Although, based on this language, the DNHs are not required until installation of actual turbine tower components commences, Alta Farms has provided DNHs in this SUP Application. This condition clarifies that Alta Farms will provide a DNH based on a wind turbine's final location to the County prior to installation of towers sections for each turbine.

4. The Harrier Aircraft Detection Lighting System (ADLS) manufactured by DeTect, Inc. is approved by the County for use at the Project. Additionally:

a. Prior to Building Permit Application submittal for a wind turbine, Alta Farms shall request approval of the De Tect Harrier ADIS from the FAA,

The Building Permit Application for each ADLS structure, Alta Farms shall provide the County final locations of ADLS components. c. Prior to the installation of any wind turbine tower sections, Alta Farms shall provide the County the FAA approval of the requested ADLS. d. All ADLS structures and associated components approved by the FAA are hereby approved by the County to be sited anywhere on Participating Property in compliance with all applicable standards of the DeWitt County Code of Ordinances. e. Prior to Commercial Operation of the Project, the ADLS shall be installed and fully operational. f. Alta Farms shall operate ADLS continuously for the life of the Project except for standard maintenance, emergency situations or any changes in FAA regulations.

Alta Farms has proposed this condition to address the Code requirement of pursuing installation of an ADLS system with the FAA. In order to submit a request to the FAA to use ADLS, Alta Farms needs to specify the ADLS provider. Alta Farms has determined that the De Tect Harrier ADLS is the most effective system available for the Project. De Tect is an approved vendor for such technology by the FAA. Under the Ordinance, the County Board is vested with the authority to choose the ADLS provider by majority vote. Alta Farms seeks approval of the County Board to submit a request to the FAA to use the Harrier ADLS manufactured by DeTect. This condition also clarifies that Alta Farms will provide documentation of approval of the ADLS by the FAA to the County with the Building Permit Applications. Finally, it clarifies that as a part of this SUP, components required for ADLS are approved to be sited on Participating Property in locations that comply with the standards of the Code, including all relevant setbacks. This is important because the FAA and manufacturers may require shifts or additions in locations of ADLS components from the locations shown on the Project Site Plan as a part of the siting approval process. In order to avoid a delay in installation of ADIS, Alta Farms is seeking permission to place ADLS components on Participating Property in locations that meet applicable Ordinance standards,

Alta Farms has not requested that the county board approve the ADL$ system to be provided by DeTect Harrier. Would recommend to send back to ZBA as a missing part of the application after the vendor is approved by the county board.

Alta Farms may not begin producing energy for commercial sale until after it has provided written notice ("Notice of Commercial Sale") to the County certifying that the Project has been constructed in accordance with the DeWitt County Code of Ordinances, except that Alta Farms may produce energy required for testing, commissioning and pre-commercial generation and sale of electricity sufficient to ensure the WESF is operating in a safe and efficient manner, in accordance with the Ordinance, and to meet Alta Farms' contractual and regulatory obligations with ComEd, PJM, PPA off-takers, and others, Full commercial operation may begin thereafter.

clarity of the timing of notice to the County pursuant to Sec. 153.28(A) in relation to typical activities performed by WECS owners prior to the commercial operations date.

Alta Farms has proposed this condition to facilitate timely County review of the roughly 80 Building Permit Applications that are expected to be submitted at no cost to the County. This condition is consistent with the requirement of Alta Farms pursuant to DeWitt County Code Section 153.26(B) to retain a consultant at its expense to observe on of the WESF and provide reports to the County. Hiring a qualified consultant to assist in review of Building Permit Applications will assist the County by reducing the strain on County resources and freeing its employees to focus on other business. At the same time, it may assist Alta Farms by shortening the timeframe for approval of Building Permit Applications due to having a dedicated consultant focused on this review. The Building Permit Applications for Project Facilities will be complex and require specialized expertise to review. Facilitating review by a consultant that is familiar with WECS structures would prove beneficial to the County.

8. Alta Farms shall finalize with the DeWitt County Board a Complaint Logging and Investigation Plan pursuant to Ordinance Section 153.27 (G)(2).

The plan in the application is a draft and is in no way to be considered as the final copy until reviewed and approved by the county board.

Attachment S-Requested Conditions

The AIMA shall be the minimum standard for the Decommissioning Plan According to our ordinance the approved Decommissioning plan must be included in the SUP. Therefore this makes the SUP incomplete as determined by the Zoning Administrator, the RPC, and the ZBA. This should be completed and returned to the ZBA to make the SUP comply with the county ordinance. By adopting this condition, the County Board establishes that a Decommissioning Agreement must be negotiated, finalized and fully executed before the County issues any Building Permit for a Project wind turbine. Section 153.30 (B) requires such an agreement and details certain items that must be included within the agreement, however it does not establish when or how it is to be finalized and executed with the County. This condition also confirms that the Decommissioning Agreement will be consistent with the terms of the Code of DeWitt County and the AIMA which sets forth certain decommissioning obligations. Alta Farms has provided a draft Decommissioning Agreement in this Application that meets these requirements as a starting point.

No road construction can begin until the Drainage Districts with structures in the road right of ways approves.

This condition formalizes the requirement to employ dust control measures and types of dust control measures that may be used under the RUAS.

Delete as this is included in the Road Agreement

12. Alta Farms shall implement the recommendations of the Illinois Department of Natural Resources (IDNR) as detailed in the IDNR letters dated May 11, 2018 and July 23, 2019 and as committed to by Alta Farms response to the IDNR dated June 4, 2018. Regarding IDNR Recommendation #3, it is noted that over the life of the project advances in technology, science, species behavior, etc, may result in different recommendations and/or better alternatives for bat conservation. If such circumstances arise and are mutually agreed upon by both Alta Farms and IDNR, modified bat conservation measures may be implemented.

This condition is intended to formalize the Project's commitment regarding implementation of IDNR recommendations in the documentation referenced as provided as Attachments in its Application.

13. The SUP shall become effective on the date approved and shall remain in effect for the life of the Project provided that Alta Farms submits a Building Permit Application within three years from the date the SUP was approved and remains in compliance with the SUP. In the event that Alta Farms does not submit a Building Permit Application within this time period, the County may provide notice to Alta Farms and schedule a public hearing to consider action on the SUP.

Delete this is a variance from our code

14. Alta Farms may commence road work pursuant to the Road Use Agreement(s) prior to the issuance of Building Permits for WECS structures. Road work shall not begin until a fully executed agreement with the Drainage Districts impacted by the project is provided to the Zoning Administrator.

s and road improvements. This condition is intended to clarify between County officials and Alta Farms that activities authorized by the RUAs may begin prior to issuance of a Building Permit.

15. Alta Farms shall identify the final model, name plate capacity and dimensions of the wind turbine for each Building Permit Application from those models identified in the SUP Application.

Alta Farms seeks this condition to clarify the procedure to be used to apply for Building Permits. Each of Alta Farms' agreements for Participating Properties contain language authorizing Alta Farms to seek and obtain the required permits for the Project on the landowner's behalf. Each Participating Landowner, or their predecessor in interest, has authorized Alta Farms to seek the necessary permitting on his/her/its respective property and Alta Farms is acting as the agent and applicant for each Partio Property. Participating Property owners similarly have authorized Alta Farms to apply for Building Permits. The Wind Ordinance clearly recognizes that the applicant may not be the property owner. Section 153.05 defines a "participating residence" as one that is "subject to an agreement, authorization, or lease with the wind energy system facility developer". Through Participating Landowners' authorizing Alta Farms to submit a Building Permit Application in such agreements, Alta Farms application is in compliance with the Code with application forms signed by Alta Farms as applicant and the owner's agent. The County application forms provide separate signature lines for the "applicant" and the "owner." Similar to the Wind Ordinance, the forms recognize that an authorized applicant may submit a building permit application on behalf of the owner of the land.

18. As a part of the Building Permit submittal for each wind turbine, Alta Farms shall submit a Final Site Plan demonstrating that final WECS structures are sited in compliance with the DeWitt County Code of Ordinances. Final WECS structures and meteorological towers may not be shifted from the locations depicted in the Project Site Plan to the Final Site Plan by more than 100 feet, shall remain on a Participating Property identified in the SUP Application and shall remain in conformance with the DeWitt County Code of including all relevant setback and sound requirements. On the Final Site Plan,

nd cable and private access roads may be sited anywhere on a Participating Property in compliance with relevant standards of the DeWitt County Code of Ordinances.

Recommend deleting: this is a variance to the county code if allowed a new sound and shadow flicker study is required

As with any type of development project, the final location of Project Facilities is detailed in the Final Site Plan provided with the Building Permit Applications. Alta Farms requests this condition to clarify the extent of moves that will be permitted in siting wind turbines and meteorological towers from the Project Site Plan included in this Application to the Final Site Plan submitted with the Building Permit Applications. Alta Farms needs flexibility to shift these structures up to 100 feet to accommodate factors such as ADLS siting, geotechnical considerations and presence of ground or surface water. The final locations of private access roads and underground cabling on Participating Properties will need to shift to accommodate these moves. All WECS/ESF locations will be provided on the Final Site Plan with Building Permit Applications to evaluate compliance with the Ordinance.

Section 155. 126(A)(3) provides that "no permit shall be required for the following uses which include "Public utility structures and installations such as sanitary sewers, laterals, vaults, electric lines, water lines, utility poles, cables, tiles or other similar distribution components." Alta Farms expects to execute an agreement for the Project switchyard with a public utility entity or regional transmission operator. If so, this switchyard would be a public utility structure exempted from permitting requirements by the Zoning Ordinance. This condition clarifies that if documentation of such an agreement is provided to the County, no Building Permit will be required for the switchyard.

Although this is also a variance from county code although it is logical, why have no trespass signs in the middle of a field?

No repowering or increasing in size of generators will be allowed without reapplying for a new permit.

This condition is proposed to address the details of how Alta Farms and the County will coordinate on equipment replacement in compliance with Section 153.28(C). This provision requires re-permitting for a "modification that alters the mechanical load, mechanical load path or major electrical components". It also provides that "like-kind replacements will not require re-permitting." However, it is not clear what the County considers "like-kind equipment". Finally, consistent with the condition, the Wind Ordinance provision provides that the WESF owner must "hire an independent licensed professional civil, mechanical or electrical engineer to determine whether the physical modification requires re-permitting." Note that it does not detail any coordination between the County and the WESF owner regarding the report to be created, not even a requirement that the report be provided to the County. The condition addresses these issues by defining what would be considered "like-kind equipment" and establishing coordination with the County on the report. Any modification found to not to be "like kind equipment" through the report required by the Zoning Ordinance would still require re-permitting. The condition simply provides criteria to determine what is considered "like-kind'. In addition, this condition clearly establishes that repowering, as defined, would require re-permitting, regardless of any report-finding.

22. Alta Farms shall, on an annual basis, report to the County Board a yearly summary of:

a. operation and maintenance reports of the WECS/WESF b. Any material physical modifications made to the WECS Complaints received through the Complaint Logging and Investigation pertaining to operational standards of Section 153, including setbacks, noise, appearance, safety, lighting, use of roads and shadow flicker.

Plan

This condition has been added to formalize the requirement of providing an annual County pursuant to Ordinance Section 153.10(G). This is also consistent with the requirements of Section 153.27(G)(2) regarding logging of complaints.

This condition formalizes the requirement to construct and operate the Project in compliance with all applicable ordinances, conditions and requirements at the local, state and federal level.

https://docs.google.com/document/d/1rdo6SsSnkrNztP14pUdS0zVvZ6TN_fz8SH8x-mCmtic/edit

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