Wind and Solar Energy Systems Hearing Comments

DateNameCommission DistrictComments
4/26/2019Philip Fraser 4I fully support Sedgwick County allowing for and encouraging commercial as well as residential wind and solar energy systems in our county. It makes good fiscal sense. It makes good environmental sense. As the County Commission is the steward of our county taxes, we all are the steward of this planet. Wind and solar energy systems allows for us to be good stewards of both.
4/26/2019Chelsee Cox 3Please ban wind farms in Sedgwick County. It is too densely populated for them, there is plenty of room elsewhere where they would affect significantly less people. Our house sits just ¾ mile from the Reno county line in Sedgwick County, so we also ask that you work with neighboring counties to establish county line setbacks to protect those of us near the borders. My husband and I bought the land our house sits on from my grandmother, and it has been in her family for many years. We built our house just over 2 years ago, and had planned on living there forever. We love the location, we love the peacefulness of the country, and we love our view. A wind farm would pose many very serious threats to our quality of life. My husband and I, and our 5 children ranging from ages 1 to 11 spend most of our time outside. Our kids love wildlife and their faces are priceless when they see a deer, turkey, pheasant, or even cardinal, just to name a few. If a wind farm were to go in, our wide open view of the beautiful Kansas sunsets would not only be obstructed by unsightly industrial wind turbines, we are afraid it would take away a part of their childhood that we specifically moved here for them to enjoy - nature. In addition to ruining the landscape, I am also concerned that the sound would be a nuisance to my family, to both our minds and our bodies. Their health and safety is our top priority and if that means leaving our dream home on ancestral land and moving to a county that doesn’t allow wind turbines we will do it, but that poses another concern – property values. We, like so many others, have a good portion of our wealth invested in our home and if we decide to sell we are worried that our home will not be worth as much if a wind farm goes in. And that should worry you too because if property values go down, so do property taxes. Nobody wants to live by a wind farm and it would not only drive people away, it would prevent our county’s growth as well. Please don’t turn rural Sedgwick County into an industrial park.
4/26/2019Darrel Hart UConcerning commercial development of energy sources in Sedgwick County, the County Commission should leave the regulations as they are, and rely upon Conditional Use process to determine location and development standards. Additionally the Commissioners should make this decision based on input from Sedgwick County constituents, not from residents of other counties. New wind and solar are now the lowest cost source of electricity, recently in Idaho a long term solar energy contract sold at 2.175 cent/KWh. Implementing punitive requirements to eliminate sources that do not emit green house gasses and are now cheaper than all subsidized competition would be a self inflicted wound on rate payers and the counties future. We all know that lower local energy prices help attract business to the area.
4/24/2019Karen Steinmetz 1Please continue to allow wind and solar energy projects in Sedgwick County and do not hinder any proposals through burdensome zoning regulations. The current conditional use approval process which includes public hearings seems appropriate to me. A few weeks ago, I had the opportunity to visit a wind farm in Elk county. When standing underneath the wind turbines, the sound of the blades was tolerable. The resident family told me they are not adversely impacted by the turbines and count on the financial benefits. Please do not exclude Sedgwick county residents from the benefits of solar and wind energy.
4/12/2019Tim Furry UI'm proud that Kansas leads the nation in wind-powered energy generation, and I would like to encourage the commission to expedite the research needed to be completed long before August (maybe look at what other counties and states have done?). I agree with others that wind-generated power seems to be one of the cleanest and safest solutions, and hope that we can add Sedgwick to the list of counties that actively encourage and support it. Watching a wind farm at work is pretty amazing - quiet, non-polluting, no wastewater, no external dependencies, no fracking.
4/11/2019Erika Mertes 3To whom it may concern: Please find attached Wind Energy Conversion System Criteria prepared by the SE Reno County Community in opposition to the Pretty Prairie Wind Farm. This criteria was prepared in order to help assist the Reno County Planning and Zoning Committee to understand issues related to the Nextera Pretty Prairie Wind Farm Conditional Use Permit. I fully agree and support the information attached as it provides a basis to protect the health, safety, and welfare of the constituents. As you work to prepare Sedgwick County Zoning for Wind and Solar Energy, I kindly ask that you look at this document as a basis. I further ask that setback requirements be from property line rather than dwelling, requirements for leases in place for anyone proposed to be affected by shadow flicker and/or sound interference, and decommissioning escrow for each turbine. Should you have any questions regarding this matter, please do not hesitate to contact me. Respectfully, Erika Mertes 30551 W 53rd St N Mount Hope, KS 67108 WIND ENERGY CONVERSION SYSTEM (WECS) CRITERIA A. Intent. The criteria and conditions herein address major issues associated with an application for a conditional use for a proposed Wind Energy Conversion System (WECS); however, other issues may arise with respect to a specific proposed WECS. These criteria and conditions are not intended to regulate the installation and use of smaller individual private wind energy conversion systems. A Wind Energy Conversion System is defined as an electrical generating facility that operates by converting the kinetic energy of wind into electrical energy and is comprised of one or more wind turbines and accessory facilities, including but not limited to, ancillary operational meteorological towers, overhead and underground communication and electrical transmission lines, transformers, substations, roads, administrative and operations buildings, turbines, supervisory control and data acquisition (SCADA) facilities, and other associated facilities. The energy may be used on-site or distributed into the electrical grid. B. Key Issues. Key issues relating to a WECS which shall be considered in the assessment of any WECS Conditional Use Application are: • Land Use • Visual Impact • Noise • Bird migration/strikes • Endangered Species • Soil Erosion • Water Quality • Infrastructure • Aviation/Lighting • Electromagnetic Interference • Reception Interference • Cultural Heritage • Native Vegetation/Weeds • Cumulative Impact • Wildlife Habitat • Public Health and Safety • Decommissioning/Restoration • Financial Surety Agreement ??? C. Area To Be Included and Signature Requirements. Any WECS Conditional Use shall encompass the entire perimeter of the proposed WECS and all supporting improvements and infrastructure and the entire tract under common ownership with respect to a WECS Conditional Use is sought for any part. One application, with the signature(s) of the owners of record of real property, shall be required for all the land area located within the perimeter of the Conditional Use. The signature of an agent of a property owner shall be sufficient if accompanied by proof of the agent’s authority to sign on their behalf. With respect to a WECS Conditional Use application, a notice of a Planning Board hearing shall be provided to all owners of record of real property located within one mile of the boundaries of the WECS. This notice provision does not define or affect the area with respect to which a valid protest petition can impose a supermajority voting requirement. D. Turbine Design Requirements for WECS Special Use. Any Conditional Use for a WECS shall be subject to the following design requirements without regard to whether such requirements are specifically listed in any resolution approving a Conditional Use: 1. Tower Location Requirements: a. No turbine shall be located closer than 1,148 feet or 1.5*(hub height + rotor diameter), - whichever is greater, from a public road right- of- way. b. No turbine shall be located closer than 1,148 feet or 1.5*(hub height + rotor diameter), - whichever is greater, from an adjoining non-participating property line, except that owners of adjoining non-participating properties can grant express written permission for the placement of a turbine at a shorter distance of no less than 551 feet, if such permission is filed with the Conditional Use Application and negotiated under the following conditions: i. Applicant must fully disclose all potential effects associated with placement of turbines at shorter distances. ii. Applicant must not require indemnification for health affects (direct and indirect cause, or property damage as a result of negligence or improper siting) iii. Communities can collectively bargain for the best possible agreement c. No turbines shall be located closer than 3,000 feet or at the maximum safe operating area defined by the equipment manufacturer, whichever is greater, from lot lines of any property not included in the Conditional Use boundary without the express written permission of all owners of any such property filed with the Conditional Use application. Total turbine height is defined as the height of the structure supporting the turbine, plus the height of the rotor blade at its highest point measured from the elevation of the ground surface at the base of the tower. d. No turbine shall be located closer than 5,280 feet from turbine to the property lines of an active residence except that owners of any residential building can grant express written permission for the placement of a turbine at a shorter distance of no less than 1,400 feet if such permission is filed with the Conditional Use application and negotiated under the following conditions: i. Applicant must fully disclose all potential effects associated with placement of turbines at shorter distances. ii. Applicant must not require indemnification for health affects (direct and indirect cause, or property damage as a result of negligence or improper siting) iii. Communities can collectively bargain for the best possible agreement e. Setbacks shall be measured in a horizontal measurement from road rights of ways, lot lines and the closest point of a residential building to the closest blade tip of a turbine when parallel to the ground. f. No turbine shall be located closer than five miles from any airport or airstrip depicted on current FAA charts or eligible for inclusion on FAA charts. g. No turbines shall be located within three miles of Cheney Reservoir, State Park, Wildlife Area or any land managed by the Kansas Department of Wildlife, Parks, and Tourism or any land held by the United States of America for the development or maintenance of said area. h. No turbine shall be located closer than two miles from any school registered with the Kansas State Board of Education. i. No turbine shall be located closer than two miles from the boundary of any incorporated city or of any unincorporated community of at least five residences on tracts of one acre or less, unless as a part of the WECS, one or more turbines are erected within the city or community. 2. Noise Standards: The maximum sound level permitted for a WECS at any time shall not exceed 45 decibels (C-weighted) if it is determined that a pure tone noise is generated by the project. Turbines shall be moved or modified or removed (and decommissioned) from service if necessary to comply with this condition. Applicant shall provide with the application, a comprehensive acoustical impact study modeling exact locations of all turbines inside and outside the perimeter of WECS, reporting the projected noise levels from the WECS at each occupied residential structure within two miles of any turbine and at the boundaries of the WECS. The acoustical impact study shall be performed by an independent third party approved by Reno County Planning Commission. No application shall be set for a hearing prior to the submission of the acoustical impact study. After the first year of operation, the owner of turbines shall on an annual basis perform and submit to the zoning administrator a study of each turbine to ensure noise does not exceed 45 decibels as specified herein. Studies shall be performed by a qualified third party approved by Reno County zoning administrator. 3. Turbine Access Roads Requirements: a. Applicant shall minimize turbine access roads required for the installation, operation, and decommissioning phases. b. Access roads shall be low profile roads so farming equipment can cross them. c. Where an access road is to cross a stream or drainage way, it shall be designed and constructed so runoff from the upper portions of the watershed can readily flow to the lower portions of the watershed, and Applicant shall follow the regulations pertaining to building a structure in a floodplain zone of the3 Federal Emergency Management Agency and the Floodplain Management Regulations of these Zoning Regulations 4. Communication and Power Collection Lines. a. All power collection and transmission lines above-ground or below ground shall follow all Kansas Corporation Commission (K.C.C) siting process and shall be reviewed by the Reno County Planning and Zoning Board and approved by the Reno County Commissioners, following the Reno County Conditional Use Permit process. Applicant must not opt out of their public utility determination by the K.C.C. at any point in development, or operation of this project. b. Communication lines and power collection lines shall be installed underground in the area covered by the Special Use and located under or at the edge of turbine access roads or as otherwise negotiated with the landowner. c. Above-ground transmission lines may be used in public right of way or easements. If the Applicant submits documentation of unusual existing or potential circumstances Planning Committee may approve modifications of the above standards to mitigate such concerns. Such modifications shall be effective only when specifically described in a condition attached to the approval of the Special Use. 5. Minimum Blade Clearance. Lowest point of the rotor blades shall be at least 65 feet above ground level at the base of the tower. 6. Turbine Tower Design. Structures for wind turbines shall be self-supporting tubular towers painted a non- reflective neutral color such as a white or pale gray. No lattice-type structure or other designs that would provide perches for avian predators shall be used. To promote visual uniformity, the rotors, nacelles, and towers in a array should appear similar. No logos or advertisements are allowed on these structures. Each turbine shall be marked with a visible identification number located no higher than 15 feet above ground a. At any point the color/finish on the turbines fails or deteriorates, the operator shall within 30 days of notification by the zoning administrator restore the finish and evaluate all turbines in the WECS to determine if other turbines finish repair. 7. Turbine Tower Lighting There shall be no lights on the towers other than those required by the minimum standards of the Federal Aviation Administration (FAA). In any event, no high intensity or strobes or white lights shall be permitted at night time. Infrared heating devices may be used to protect the wind monitoring equipment. Usage of Aircraft Detection Lighting System (ADLS) is preferred.” E. Contents of WECS Development Plan. Every application for a Special Use for a WECS shall be accompanied by a general description of the project addressing the key issues as listed in Section B and include the total acreage and a legal description for all owners of real property located within the perimeter of the Conditional Use on which the Applicant has easements, leases, licenses or other agreements related to the project. The Applicant shall also submit with the application a presentation map identifying as a minimum the location of all existing residence structures in both the leased and unleased area of the notification area, including all gas storage locations and all setbacks for turbine locations referenced in Section D(1)(a)-(h). In addition, the Applicant shall show such information that it has available at the time of the application is filed which would be included in the Development Plan (Section E 1-13) and identify what additional information the Applicant will need to obtain to include in the final Development Plan. Except as specifically provided otherwise below, the Planning Commission shall publish notification, distribute notices as provided for in Section C, and conduct a public hearing to determine an initial recommendation to the Governing Body based on the Conditional Use Report with or without conditions attached for the Conditional Use for a WECS even though not all information required for the Development Plan has been provided. The Planning Board may require such additional information as necessary to make such a recommendation. Once the Applicant has obtained a Power Purchase Agreement (PPA) within the time permitted, the Applicant shall submit a final application with all the information required by Section E1-13 for inclusion in the Development Plan. Based on the latter information, the Planning Board shall similarly give notice and conduct a hearing and, if satisfied with the information submitted, make a final recommendation to the Governing Body on the Conditional Use. A Zoning Permit for the Conditional Use for a WECS shall be valid only for the construction in conformity with an approved Development Plan. The Development Plan shall be written in a style that is easily understood by the general reader. Technical terminology shall be avoided when general reader terms, definitions, and explanations are available. Detailed technical data, statistics and supplementary information required to support the main text is to be included as appendices. All sources of information are to be referenced and shall be current. To provide clarity, information presented as maps, diagrams, or plans is preferred. Close consultation with the Zoning Administrator during preparation of the Development Plan is highly recommended. More than one draft may be required before it is considered suitable for presentation to the Planning Board. A Development Plan shall, at a minimum, contain the following information: 1. A general introduction to the project including a description of the anticipated timeline of construction, whether the project will be or may be built in phases and the nature of those phases; the total acreage included in the project; and the names and current addresses of all people who have provided easements, leases, licenses or other permission with respect to property in connection with the project together with a legal description of the land. Name, address and phone number of the Applicant and for any contact person shall be disclosed along with an overview of the company provided relevant information regarding qualifications and experience in commercial wind energy development and environmental management. 2. Prior to the setting of any Planning Commission hearing, a topographical map with contours at intervals of 20 feet at a 1 inch = 2,000 feet scale showing the location of the following features: (U.S.G.S. Scale.) a. Lot lines for each parcel under separate ownership included in the Conditional Use area and within one mile of the proposed WECS boundaries. b. All residential buildings within one mile of the proposed WECS boundaries, designating those known to be occupied. c. All public roads within the WECS area and within one mile of its boundaries. The access points to the public roads to be used for both the construction and the operation phase of the project shall be designated. d. All structures; utility lines; pipelines; rights-of-way of record; oil and gas wells, facilities and storage batteries; existing driveways and field service roads; and water impoundments, creeks and rivers in the area covered by the Conditional Use application. e. All airports or landing strips designated on current FAA charts or eligible for designation on current FAA charts within nine miles of the project boundaries. f. Proposed setbacks of all turbines and other structures from the boundary lines. g. Boundaries of any 100-year floodplain as identified on the Federal Insurance Administration’s maps of the County. h. All turbines, transformers, substations and connecting power lines for the project. i. All structures to be used as part of the operation of the project including the envelope dimensions of such structures. j. All roads to be constructed within the project both for construction and for operation and all fences, walls, gates and landscaping proposed to be installed. 3. A complete description of the Applicant or Developer’s current status with respect to: a. Securing a power purchase agreement, including the duration of any such agreement or proposed agreement; b. Securing the right to tie into the power grid for the purposes of marketing the power to be generated from the project, including, to the extent known, the upgrades and improvements required with the County, including their location. c. The selection of wind turbines to be located on the site including primary specifications for each model being considered. The Conditional Use shall not be valid for the placement of turbines that exceed the height of, or produce more noise than, those disclosed in the Development Plan. 4. Independent third-party studies or university studies assessing the following aspects of the project site, which shall include an inventory, identification of potential impacts from the WECS construction or operations, and possible mitigation measures: The Applicant shall submit all such studies to all applicable county, state and federal agencies for their review and comments which shall be reported to the Planning & Zoning Commission as part of the applications’ submittal information. a. The capacity of roads, bridges and culverts over which equipment for the WECS will travel during the construction phase to withstand the expected traffic. b. Archaeological sites and sites of historical significance. An archeological reconnaissance survey within the site that will be impacted by the construction or operation of the WECS shall be provided to the State Historic Preservation Office (SHPO) to determine if cultural resources are present. Any unrecorded cultural resources that are found shall be evaluated for integrity and potential listing on the State Historic Site Survey and/or the National Register of Historic Places. Undocumented resources that are eligible for listing on the National Register of Historic Places shall be avoided. All archaeological investigations shall meet the SHPO standards and guidelines. c. Endangered, threatened or target-listed species d. Avian impacts, including impacts on both nesting and migrating birds e. Wetlands and other biologically sensitive areas within the site. f. Potential impact to business in the County. g. Potential impact on Cheney Reservoir, State Park, and Wildlife Area State and any Kansas Department of Wildlife, Parks, and Tourism(KDWPT) managed property. h. Potential impact on local Hunting Businesses and Outfitters. 5. General Construction Document Requirements: a. A general description of major components of the turbines and on-site facilities including wind turbine specifications, transmission lines and accessory facilities such as control rooms, transformers, substations, maintenance facilities, underground infrastructure and interior access roads. The number, location, capacity, and dimensions of the turbines shall also be included. b. A description and general schedule of major construction activities for the turbines, transmission lines, and accessory structures related to the WECS. c. An outline of any proposed site preparation involving removal of vegetation and restoration of the site due to construction d. The volume and designated route for the traffic generated during the construction phase, including oversized and heavy equipment. e. Within the first or follow-on second application for the Wind Energy Conversion Systems, the Applicant shall provide the County Zoning Administrator with the latitude and longitude of the center point for all turbine locations, including alternate locations. 6. Soil Erosion, Sediment Control and Storm Water Runoff Plan. a. Applicant shall submit a Soil Erosion, Sediment Control and Storms Water Runoff Plan which shall identify effects of the WECS (especially during constructions) on surface water and surface water runoff along with any mitigation measures, and address erosion-prone areas and what types of erosion control measures will be used during each phase of the project. It shall identify plans for: i. Grading. ii. Revegetation to ensure slope stability. iii. Construction and drainage of access roads and turbine pads. iiii. Restoring the site after temporary project activities v. Design features to maintain downstream water quality b. The Soil Erosion, Sediment Control and Storm Water Runoff Plan shall also set out the proposed practices which shall, unless disapproved, become part of the Special Use approval, regarding: i. Disposal or storage of excavated materials. ii. Protecting exposed soil. iii. Stabilizing restored material and removal of silt fences or barriers when the area is stabilized. iiii. Maintenance of erosion controls throughout the life of the project 7. Fire Safety Plan. a. The Development Plan shall include a Fire Safety Plan identifying the protentional fire risk associated with the project, including both prescribed burning and non-prescribed burning (natural or accidental). This shall address fire originating within the site, fire escaping from the site and the potential effects of fire originating from outside the site. “Prescribed Burning” is defined as the controlled application of fire to naturally occurring or naturalized vegetative fuels under specified environmental (weather) conditions in accordance with a written prescription that is designed to confine the fire to a predetermined area and to accomplish planned land management objectives; and conforms to the standards established by the Kansas State University Research and Extension office in South Hutchinson, KS. b. The Fire Safety Plan shall address high angle rescue and all provisions for fire suppression, fire and emergency medical response to be provided by the applicant both during the construction and during operation of the project. The Fire Safety Plan shall identify what equipment not presently owned by the public fire department of other first responders may be needed to respond to emergencies at the project both during construction and during operation of the project. If it is determined there is a need for additional equipment not already in possession by the public fire department or other first responders, the applicant will responsible for 100% of cost of the purchase and maintenance of such equipment as an impact fee. If there is additional training required for the use of said new equipment applicant shall also be responsible for 100% of the training costs. The payment of such costs shall be a condition to the continued validity of the Special Use. c. If the Fire Safety Plan deems that the current available manpower to properly execute the Fire Safety Plan is insufficient, the holder of the Special Use shall be 100% responsible for the financial costs associated with hiring additional manpower throughout the duration of the project. d. The Fire Safety Plan shall include an assessment of the ability of EMS helicopters to land within the WECS. This assessment shall be provided in prior to the setting of a public hearing on the Special Use application so that the planning commission can evaluate whether to recommend conditions to approval to improve the safety of the WECS. 8. Ground Water Resources. Applicant shall identify any risks to the ground water aquifer in connection with the construction of a WECS project and all mitigation measures the applicant proposes to utilize to mitigate such risks. 9. Air Quality. Applicant shall submit a Dust Control Management Plan to control dust on turbine access roads during construction for approval by the County zoning administrator and the County road supervisor no less than 30 days prior to construction. The Dust Control Management Plan shall contain measures that provide for conformance to the following: a. No person shall engage in construction activities in a manner that discharges visible dust emissions into the atmosphere beyond the property line for a period or periods aggregating more than 3 minutes in any 60-minute period; and b. Visible roadway dust as a result of active operations, spillage from transport trucks, erosion or track-out/carry-out shall: i. Be minimized by the use of any of the following or equally effective trackout/carry- out and erosion control measures that apply to the project or operation: track-out gates or gravel beds at each egress point, wheel-washing at each egress during muddy conditions, soil binders, chemical soil stabilizers, geotextiles, mulching, or seeding; and for outbound transport trucks: using secured tarps or cargo covering, watering, or treating of transported material; and ii. Be removed at the conclusion of each work day when active operations cease, or every 24 hours for continuous operations. The use of blowers for removal of track-out/carry-out is prohibited under any circumstances. Measures to comply with visible dust emissions restrictions could include: a. Watering or applying soil stabilizers to areas with loose dirt b. Ceasing earthmoving activities when sustained wind speed exceeds 20 miles-per-hour c. Cover soil stockpiles Applicant shall provide qualified third-party inspection approved by Reno County to monitor air quality during construction. Fines are to be issued at any time there is a violation to the Dust Control Management Plan. Minimum fine shall be $2,000 per occurrence. At any time Reno County can require the inspector be replaced if Reno County determines that the inspections have been insufficient to assure compliance. 10. Land Use and Development. Applicant shall identify potential constraints and benefits the WECS may place on the current and future use of the land within the project site and the surrounding area. The extent of any limitations due to public health and safety risks shall be specifically addressed, and, the effects on the following activities shall also be addressed: a. Existing or proposed tourist or recreation activities b. Agricultural activities c. Local and regional tourism d. Residential activities e. Commercial activities f. Industrial activities 11. Monitoring and Review Programs. The Development Plan shall provide any monitoring, review and reporting program for each part of the project. Details shall include any pre-construction monitoring/studies, sites to be sampled, the sampling procedures, the parameters to be analyzed, frequency of sampling and reporting. A Site Plan showing sampling location is required. 12. Bibliography. The Development Plan shall contain a bibliography of the authorities consulted and the documents relied on in completing the Development Plan. 13. Appendices. All detailed technical information that supports the Development Plan should be included in appendices. The most important features of the appendices shall be included in the main body of the Development Plan. F. Prerequisites to Construction Under an Approved Conditional Use. 1. Zoning Permit No construction under an approved Conditional Use may commence until a Zoning Permit is approved by the Zoning Administrator. 2. Power Purchase Agreement (PPA) Approval of a Conditional Use does not authorize construction of the project until the Applicant has obtained a Power Purchase Agreement (PPA) for the electricity to be generated by the WECS. The Applicant shall advise the Zoning Administrator when it obtains a PPA and shall provide such documentation confirming said agreement. Unless an alternate timeline is determined as a condition attached to the approved Conditional Use on a case by case basis, the PPA shall be obtained within one year of the date of publication of the Resolution effectuating the Special Use. This one- year period may be extended up to six months upon written request by the Applicant and approval by the Governing Body. In the event the Applicant does not obtain a PPA within the 12-to-18-month time span, the Resolution effectuating the Conditional Use shall automatically become null and void. A Zoning Permit shall be approved only after the Administrator receives documentation confirming the PPA and all conditions pertaining to a WECS have been satisfied. 3. Deconstruction Bond. A bond for complying with Section J herein shall be approved and accepted by the Governing Body before any Zoning Permit is approved for construction to begin. 4. Road Agreement. Transportation routes used for construction shall be coordinated with the Supervisor of the County Road and Bridge Department. Applicant shall be held liable for any damage to County roads or rights of way resulting from tower construction, deconstruction and/or maintenance activity. A Road Agreement by which the developer or operator of the WECS assumes financial responsibility for infrastructure improvements needed for construction and repair for infrastructure damages caused by construction shall be approved by the Governing Body before any Zoning Permit is approved for construction to begin. The following shall be made a part of any Road Agreement, along with such further terms as the County may require. a. Applicant shall identify all haul/transportation routes prior to Zoning Permit approval. b. Applicant shall provide a complete survey/inspection of all haul/transportation routes prior to Zoning Permit, performed by a licensed, qualified engineer approved by Reno County and performing the engineering services for the benefit of Reno County but at the expense of the applicant. This survey will bench mark the condition of all roads, bridges culverts and other infrastructure that may be impacted by the construction of the WECS. The Road Agreement shall require the applicant at the applicant’s sole expense, at a minimum, to restore all infrastructure to its condition prior to construction and to promptly repair all conditions created by the applicant impairing the safety, convenience or usability of the county or township roads or other infrastructure, as directed by the County road supervisor. c. Applicant shall provide a qualified third party inspector approved by and responsible to Reno County to provide daily monitoring of the use and conditional of haul/transportation routes during construction. Impact fees are to be imposed at any time there is a violation to the Road Agreement as to use of unauthorized haul routes or road conditions. The impact fee will be $5,000 per occurrence. At any time Reno County can request the inspector be replaced if Reno County concludes that the inspector’s performance has been inadequate to assure compliance with the Road Agreement. d. Upon completion of construction of the WECS no vehicle relating to the wind turbines maintenance, upgrades, repairs, or decommissioning, weighing more than 60 tons shall utilize county roads without the advance permission of the County Road and Bridge Department. At that time a plan will be developed to inspect the route prior to and post use of the county roads. The current owner of the wind turbines shall be responsible for the restoration of the roads. G. Construction Requirements. 1. A licensed professional structural engineer or certified structural engineering firm selected by the Applicant shall conduct all inspections on each turbine with respect to the foundation, structural assembly, mechanical and electrical aspects of turbine construction. Documentation regarding each approved inspection shall be submitted to the Zoning Administrator before the next step of construction begins and prior to any operation of an individual turbine. All expenses of such engineer or engineering firm shall be the responsibility of the Applicant or holder of the Conditional Use permit. Reno County, its officers, agents and employees shall be held harmless from any and all claims, costs, liabilities, damages, or expenses, including costs of suits and fees and expenses for legal services on account of any damages claimed by any third party, including such claims by agents or employees of said third party, arising from any approval or non-approval of any inspection. 2. Site Clearance: a. Applicant shall disturb or clear the site only to the extent necessary to assure suitable access for construction, safe operation and maintenance of the WECS. b. Applicant shall minimize the removal of trees and shall not remove groves of trees or hedgerows (shelter belts) without approval of the affected property owner. c. On cultivated land, Applicant shall minimize compaction of the land during all phases of the WECS’s life. Compaction shall be confined to as small an area as practical. d. During site clearance and construction, silt fences and other temporary erosion controls shall be installed and left in place until new native vegetation covers the bare ground around the turbines. 3. Prior to the start of, and continuously throughout construction and site restoration, Applicant shall designate a field representative responsible for overseeing compliance with the conditions of the Conditional Use. Such representative shall be accessible by telephone during normal business hours. Address, phone number and emergency phone number shall be provided to the Zoning Administrator and 911 Emergency service and shall be available to residents, officials and other interested persons. Applicant is required to notify the Administrator and 911 Emergency service of any change of the designated representative. 4. Cleanup. Applicant shall remove all waste and scrap that is the product of construction, operation, restoration and maintenance from the site and properly dispose of it upon completion of each task. Bottles, paper and other litter deposited by site personnel shall be contained or removed on a daily basis. 5. Applicant shall inform all employees, contractors and others involved in the construction of the WECS of the conditions of the Conditional Use. 6. Hours of construction are not to start before 6am and exceed 8pm. 7. Applicant shall furnish 24 hour, 7 days a week, 365 days (non-stop) security monitoring for the entire WECS project area plus a three-mile radius around the exterior perimeter of WECS that is in addition to the local law enforcement. The amount of security shall be suggested by the applicant and approved by the Reno County Sheriff. Applicant’s security contractor or employees shall be approved by Reno County Sheriff. H. Operational Requirements for WECS Conditional Uses. The following operational requirements shall be conditions to all WECS Conditional Uses without respect to whether such conditions are expressly stated in the approval of the Conditional Use. 1. Lubricants and/or hazardous materials located on the premises shall be kept and transported in accordance with all state and federal regulations. 2. Applicant shall take reasonable measures such as planting trees, installing awnings, etc. to mitigate specific adverse visual impacts such as reflections, shadow flicker and blade glint affecting residences within or up to 2 miles radius of project area. a. Applicant will design WECS to ensure that all non-participating landowners will experience zero shadow flicker at their dwelling structures or those that may be constructed in the future on such landowners’ property. b. If at any point shadow flicker is experienced at a residence’s property belonging to a non- participating landowner, the operator of the WECS shall immediately shut down all turbine(s) causing shadow flicker and correct the violation immediately If not resolved by measures listed in section H(2) or stop rotating assemblies during the interval in which shadow flicker would otherwise occur.” 3. Applicant shall not operate the WECS and its associated facilities so as to cause microwave, television, radio, telecommunications, navigation, wireless internet, cell phone or satellite TV interference of non-participating parcels and residences. The WECS shall operate in conformity with all applicable Federal Communications Commissions (FCC) regulations. In the event the WECS and its associated facilities or its operations cause such interference in or near the project, Applicant shall take timely measures necessary to correct the problem. 4. Applicant shall not operate the WECS at any time freezing precipitation is building up on turbines. 5. Extraordinary Event Response. Upon an occurrence of an extraordinary event, the Applicant shall notify the Zoning Administrator of any extraordinary event. Extraordinary events include tower collapse, major turbine failure including but not limited to lubrication leakage, kills of threatened or endangered species, thrown/broken blade or hub, collector-feeder line failure, discovery of an unexpectedly large number of dead birds of any variety on site, or injured person. In the event of extraordinary avian mortality, the Applicant shall within 30 days of the occurrence submit a report to the Administrator, the Kansas Department of Wildlife, Parks and Tourism or its successor, and the U.S. Fish and Wildlife Service describing the cause of the occurrences and the steps taken to avoid future occurrences. a. An evacuation procedure plan for the entire WECS project shall be developed by the applicant and then approved by the Governing Body prior to permit being issued. All residences inside the perimeter and within 2 miles around the exterior perimeter shall be included in this evacuation plan. The plan shall be distributed to all said residences. 6. Decommissioning. Decommissioning shall occur in compliance with the Decommissioning Plan. 7. Non-liability for Prescribed Burning. No party with an interest in the Conditional Use shall hold liable an owner, lessee or occupant of agricultural land for property damage to WECS-related equipment caused by or resulting from prescribed burning conducted on the land owned by, leased by or occupied by the person if the prescribed burning is conducted under the procedures established by the Kansas State University Research and Extension office in South Hutchinson. I. Decommissioning/Restoration/Abandonment. 1. Decommissioning Plan. Applicant shall submit a Decommissioning Plan with the application for a WECS Conditional Use. Compliance with the Decommissioning Plan shall be a condition of the Conditional Use whether or not explicitly listed in any document reflecting the approval. The Decommissioning Plan shall describe the manner in which the WECS improvements shall be dismantled and removed from the site within 18 months of abandonment or the end of useful life of the WECS or of such improvement and shall require the removal of all above-ground components of the WECS. Foundations shall be removed to the satisfaction of the property owner(s) and the area removed filled with soil which is reasonably similar in quality to that of the original excavation. Access roads shall be removed to the property owner’s satisfaction. Minimum foundation removal shall be 4 feet below finished grade. 2. Abandonment. The WECS or any wind turbines shall be deemed abandoned at the end of a one-year period following the mailing by certified mail of written notice of abandonment to the owner of record, sent when a completed wind turbine does not produce electric energy for distribution and there is no demonstrated plan to restore the equipment to operating condition. The Governing Body may require Applicant or holder of Conditional Use to decommission any abandoned turbine or may undertake such decommissioning with the proceeds of the escrow account, surety bond, or insurance policy, or otherwise at the expense of the last approved holder of the Special Use. J. Financial Agreement. Prior to the commencement of construction, Applicant shall submit an escrow account, a surety bond, or an insurance policy (referred to herein as “bond” regardless of the type of arrangement) in an amount approved by the Governing Body, in the amount reasonably necessary to fund the implementation of the Decommissioning Plan, payable to Reno County. The holder of the Conditional Use shall maintain the bond until the Decommissioning Plan has been completely performed and any damages to public roads caused by the decommissioning paid. The account, bond or policy shall be available to the Governing Body in the event of an abandonment of the project or a failure to comply with the Decommissioning Plan or pay for damage to public roads caused by decommissioning activities. The bond shall not be revocable without 30 days advance notice to Reno County and, in the event it is not replaced within 20 days of such notice, the County shall immediately receive the proceeds of the bond, to be used for decommissioning purposes. Nothing in the financial agreement or otherwise shall impose any liability or duty whatsoever on Reno County or any of its agencies, including, but not limited to any liability to undertake decommissioning or for taxes, wages or any other employee benefits for any person or entity. K. Transfer of Special Use. Special Use shall not be transferred from one party to a different party without approval of the Governing Body. If the Conditional Use is to be transferred, the current holder of the Conditional Use shall inform the second party of the decommissioning funding requirements and all other requirements of the Conditional Use. The second party or new holder of the Conditional Use shall meet the escrow account, surety bond, or insurance policy requirements for decommissioning and all other requirements of the Special Use. A transfer request shall be submitted to the Zoning Administrator who shall assess the current compliance of the WECS with the conditions of the Conditional Use and other applicable law. If the zoning Administrator determines the WECS is in compliance, the transfer application shall be forwarded to the Governing Body for action. A transfer fee of $100.00 per turbine shall be paid to the County. The Governing Body shall approve the transfer application if it finds that the requirements of this section have been satisfied. ?
4/5/2019Mary Kay Raple UPlease do not subject rural residents to these . If you want to put them up, use the old dump.
4/1/2019Amanda LeGrand UWe need to have more wind and solar options for the city and transition our state off of oil and gas as soon as possible so I urge you guys to put a plan in place to get us moved over to more renewable sources
3/29/2019Candy Bergman 3Dear Commissioners, First I want to thank you for asking for public comment and making a way for those of us who could not attend the meeting to comment. My husband and I purchased our farm a little over a year ago. We purchased our farm to get away from the hustle and bustle of the city...yes, even Wichita. One of the reasons we purchased our property was because of the beautiful open views and quaint, quiet lifestyle. Now we are facing the reality of having wind turbines 2 miles to the west in Reno County. Commissioners, please know that I am not against renewable energy - but I do expect for those of us who live within the area in question to be taken into consideration. Is it fun to drive by a wind farm? Sure, it is fascinating. But to live within miles of 3 -439 ft turbines (the projected Reno County wind farm is 80 turbines) daily is not fascinating. It is devastating. Those of us who it will affect daily need a voice. Please. There are other areas MUCH less populated areas where Wind and Solar Energy projects can be built. I would also ask that detailed reports of proof from 3rd party reports be presented that wind energy is in fact profitable. At what point does one turbine actually pay for itself? The proposed 2.3MW wind turbines in the Reno County project cost $3-$4 million dollars per turbine (www.windustry.org). I understand the idea is renewable energy, and Kansas certainly has plenty of wind. But is this a cost that is efficient? I am not an engineer and I will not pretend to be. But I am a homeowner who loves my country life and those around me. All I can ask is that if a proposal comes to Sedgwick county you speak directly to those who it will effect every day. That you will put in place turbine setbacks from buildings of at least 2 miles and ensure proper zoning for those who do not lease their land. This is our home. Thank you for your time.
3/29/2019Angela Mans UUnfortunately I was unable to attend the wind energy meeting last night due to previous engagements. However I really wanted to reach out to you and ask you to please help those of us who live on the Reno Sedgwick county line. Please ask Reno county commissioners to require Nextera Energy to stay 2-3 miles from the Sedgwick county line. I have talked to couple appraisers and bankers who have reiterated to me that our property values are in jeopardy if we are in close proximity to a wind turbine. Many of us in this area are looking a substantial loss to property due to shadow flicker, sound, and potential health risks. There is no gain to the residents of Sedgwick county if this project goes through only loss. We need your help and support! Please look out for the health, and welfare of the citizens of western Sedgwick County!
3/28/2019Jeff Cooper USedgwick County Commissioners: Cheney Reservoir has been a place where Kansans have taken their families for generations to enjoy the peace and beauty of nature. Wind turbines will mar that tranquility with their flashing red lights. Those lights would be doubled by the reflection in the Reservoir, even from miles away because the Cheney basin is so flat, spoiling the beauty of the area. I’m one of those Kansans I mentioned. I grew up with family in the Cheney area. That's where I spent most of my childhood. When I had children I brought them here to enjoy nature. I’ve hunted here, I’ve boated here, I’ve fished here and just recently, my wife and I purchased land here. I'm invested in this community. I don’t want Cheney spoiled by wind turbines. I’m sure there are other sites more suitable for them. Please help us keep Cheney and the surrounding areas free of anything that will spoil its beauty. Help us do this for all the generations to come. Thank you for your time, Jeff Cooper
3/28/2019Jake A. Ramirez 1Good day to the commissioners of this great county, Im commenting today to express my ideas for major improvements we could make that would significantly improve the outlook for the solar industry in Sedgwick County. Before that I would like to mention I am a student at Wichita State. I take pride in my entrepreneurial spirit which I have applied toward developing my own solar instation business, JR Solar Solutions. I believe there are ways we can make our county compete at a national level that will be pro-consumer, good for our energy grids, and will promote competition for us smaller guys trying to get involved. Major improvements I would like to mention: 1. Industry specific licensing for Solar Installers. (NABCEP). 2. NO fees for residential solar & wind. 3. Simplify codes for non-utility scale solar & wind projects with industry specific guidelines. 4. Promote competition w/ Westar for small-medium utility scale solar and wind projects. 5. Promote residential applications of smal-scale solar and wind technology. 173000 terawatts of raw natural sunlight hit our planet every second. I think the limitless benefits of this abundant natural resource should be available to all that want to take part. Decentralized grids are proven to be better for energy reliability. When power goes out during an ice storm, what better way to improve quality of life than to allow homeowners to rely on abundant and clean power right outside our door! Solar and wind energy are going to change the world for the better. I appreciate this opportunity to submit my feedback for the commission. Thank you, Jake A. Ramirez
3/28/2019Cathy Redburn 4I believe it is very important and valuable to have Windfarms and renewable energy in Sedgwick County and wherever these farms can be properly placed. The effect of global warming is very real, scientifically proven! Using wind for power is and incredibly efficient and effective way to produce power without using another precious resource-water. Their use will reduce carbon emissions, the source of atmospheric warming. These farms can be placed properly to make the impact to farms minimal. I don't believe the wind turbines will cause major declines in birds or wildlife. Birds fly into buildings too and although every effort should be made to prevent that, its not a major cause of declining wildlife populations. I love the windfarms. I see them as "Prairie Angels", there to help us protect our precious resources and thus our earth. They aren't noisy and what noise I hear is wind. I don't believe the lights are interfering, much less the cause of seizures or migraine headaches. ( I'd sure like to see research on this rumor). Colorado's major utility company plans to have 80% renewable energy by 2030 and be carbon free by 2050, and Sedgwick County Kansas is considering banning a major source of renewable energy altogether?!? This would be shameful. Ignoring the future is shameful. Please, don't ban wind farms in the county!
3/28/2019Peter Eck UMy family and I are 100% against the wind turbines . Reno county turbines are within 4 miles of my house. Our community is trying to stop them if it is even possible. How do these wind turbines help our community? I know it adds money to the already wealthy farmers who own the ground. What i want to know is how does this benefit the majority of the community that has to look at the 490ft tall turbines? We lose value of our homes, have red lights flashing every night, and deal with the noise. Please inform me how we could benefit from this?
3/28/2019JOHN D STROUD UPlease approve the wind farms in Sedgwick county. They produce low cost renewable energy, and even if the power is sold outside of the county, or the state, it is still a product produced in our area,that we can export for the revenue. Besides, they are great to look at, and in my experience, produce no objectionable noise. I have visited every wind farm I could, while traveling and in fact, would not mind having one in my back yard, or anywhere within my sight.
3/27/2019Eldon Epp UPlease continue to make wind and solar energy available, as quickly as possible. Our earth demands we reduce the carbon foot-print asap! Also, my electricity bills seem to be higher in recent months, though I don't believe I'm doing anything differently energy-wise. They've been near $30, despite my having 22 solar panels on the south-facing roof. Are the rates going up?
3/27/2019Robert Rosenberg UThank you for accepting public comment on commercial scale renewable energy projects in Sedgwick County. In Kansas, commercial scale wind energy has proven to be beneficial. Properly placed wind farms minimize the impact on wildlife and they currently provide nearly 30% of our electric energy. Sometimes, when the wind doesn't blow, we need other methods of electricity production coupled with methods of controlling the demand for electricity. In the modernized electric grid system, utility companies don't overlook any source of generation, methods of storage of electricity (batteries), or demand side controls (like the Wattsaver program). Distributed generation, in the form of rooftop solar has proven to show the most promise for providing power when the utility company needs it the most (during the peak demand periods). During a hot sunny summer day, when everyone's air conditioners are on, rooftop solar can take the strain off the grid. Since our Kansas Daylight Savings Time mid-day is after 1:30 PM, there is only an hour or two in the early evening when solar can't help. Electricity production during those hours is easily filled in with wise rate structures, demand side controls, batteries, etc. Rooftop solar provides power where it is consumed and so it makes for a more resilient grid. However, as great as distributed rooftop solar is for everyone, I have serious doubts about utility scale solar. Utility scale solar wastes lots of land, it produces electricity far from where the power is consumed, and array production can be inhibited by a single cloud. Also, utility scale solar is not resilient to attack, requires more utility infrastructure, and requires grounds keeping maintenance. Distributed solar requires non of those things. In conclusion, I suggest that the Commissioners promote policies which protect distributed rooftop solar, limit commercial scale solar, and protect both commercial and residential wind. Thank you.
3/22/2019Susie Cunningham 4I think National Geographic says it well... 10 Reasons to promote wind. It is abundant. China, for example, has enough harnessable wind to increase its electricity consumption 16-fold. It is carbon-free. Reducing carbon emissions is a key part of any plan to transition from fossil fuels. It is non-depletable. What we use today doesn’t affect how much we have tomorrow. It does not require any water. This is in contrast to other water-intensive energy sources, such as nuclear and natural gas. It does not use any fuel. Wind farm developers are ready to sign 20-year fixed-price contracts, Brown said, because the main cost associated with wind is building the farm. Wind turbines don’t use a lot of land. It’s true that wind farms take up a lot of land. But the turbines themselves only occupy 1 percent of a wind farm’s land area, which leads to the next point… Land owners can double-crop. It’s possible to produce cattle, wheat, corn, and other commodities while also harvesting wind energy. Far from creating a NIMBY (not-in-my-backyard) problem, wind farms become very desirable in agricultural areas. It is locally available. Wind is everywhere. It scales up easily. A wind farm can go from 20 to 400 megawatts easily. Wind farm construction is not time-intensive. The power can be brought online quickly.
3/19/2019Joe Renfro 3I have been listening to all the comments regarding the devastation of wildlife, especially birds, due to solar panels and wind turbines. I was curious as to what was kinds of numbers we were looking at. The U.S. Fish and Wildlife service has looked into this as well. They state the obvious, "Both natural and human-caused sources of bird mortality contribute cumulative or combined effects to declining bird populations. Millions of acres of bird habitat are lost or degraded every year due to development, agriculture, and forestry practices. These rapidly accelerating impacts can be mitigated only through habitat restoration and protection. In addition, millions of birds are directly killed by human-caused sources such as collisions with man-made structures. Death from natural causes is also common sources of mortality." And here are a few of those estimated mortality rates...and these are median numbers. Collision with glass buildings, 599,000,000 Collisions with communication towers, 6,600,000 Collisions with electrical lines, 25,500,000 Collisions with vehicles, 214,500,000 Collisions with land-based wind turbines, 234,012 Death due to cats, 2,400,000,000. So, we should rid the world or cats, toss our cell phones in the garbage, tear down the unsightly downtown skylines and stop driving vehicles. Audubon has looked into solar power and believes solar is more beneficial, versus other forms of energy production. 2/3 of electricity produced comes from the burning of coal, oil and natural gas. This burns and does form an invisible layer floating in our atmosphere, which in turn traps heat like a blanket. And not theory, but scientific studies show that over the past century the greenhouse-gas blanket has grown so thick that here on the ground we can feel and see its effects through rising temperatures, which in turn affect long-term trends in rainfall, polar ice, and sea levels. Solar panels and their energy production due not release any of the carbon gases and thus benefit wildlife. Birds can feel this change as well, they can quickly react to subtle changes in their environments—temperature, food, water, habitat—and shift their ranges. But, many are still gravely impacted as the changing climate threatens more than 300 species of North American birds. Large solar farms can have some adverse effects as birds, however. Birds sometimes mistake the glossy blue expanse of solar panels for bodies of water and try to land on them. This is called a “lake effect.” Birds have been found dead, wounded, or stranded at several solar projects in the desert. The “lake effect” puts water birds in particular at risk because some species can’t take off from the ground; they require a running start on the water’s surface. Some developers are adding special patterns to their panels or using other strategies to reduce the risk of crash landings. The pros of clean energy still seem to greatly out way the cons.
3/14/2019Holger Meyer 1Climate change is the very real urgent threat to our way of life. Any policy and certainly any energy policy has to take this fact into account. We have to completely change to renewable energy, immediately stop further extraction of fossil fuels (oil, gas, coal) from the ground, and stop burning fossil fuels. To this end the use of wind and solar should be encouraged as much as possible. In Wichita distributed generation through rooftop solar is the most important part to make that happen. Larger commercial ground based solar installations such as the one in operation now by Westar can also play a role and should also be encouraged. Kansas is made for wind energy. The turbines are quiet, generate revenue for land owners, and generate electricity with low maintenance. Neither solar photovoltaics nor wind require fuel shipped in by the trainload each day as is the case with coal. They do not generate nuclear waste as is the case with the Wolf Creek nuclear plant. They don't require cooling water and don't heat up the surroundings like coal and even gas plants do. The city of Atlanta is one of many municipalities committed to become 100% renewable by 2035. (https://nawindpower.com/atlanta-city-council-green-lights-100-clean-energy-plan) Sedgwick county should adopt a similar plan. If Atlanta can do it with their higher population density, then certainly Sedgwick county can do it. We need reliable, modern, efficient, clean energy in Sedgwick county now.
3/14/2019Lori Lawrence 1From what I understand, wind farms are not possible in Sedgwick County due to the fact that we have an air force base in the middle of it. Wind turbines are not dangerous and do not kill hundreds or thousands of birds. I have been beneath them and found no evidence of bird death at other Kansas wind farms. If the outrageous numbers were true, there would be dead birds every time I have been there but there is never even one to be found.. Solar installations pose no danger at all and in fact turn out to be a boon to prairie growth as they protect grasses from the excessive heat we now experience regularly due to the climate crisis. There is no reason at all to not allow solar farms in Sedgwick County. Our state has the ability to power the entire population and that of other states as well. The effort to quash solar and wind is not new, the fossil fuel industry has been working hard to do this since the movement started. Do not allow them to control my county.
3/14/2019Jeremy Setzkorn UI do not think it is a good idea to waste taxpayer money on wind and solar energy systems. These systems are not reliable enough and do not produce enough energy during certain conditions. Conditions include winter time where wind is slowed down and the skies are filled with spray from airplanes which blends together to form a blanket blocking the sun. If you wanted to spend money on solar energy then at least stop the spraying from airplanes. Look up Harvard University and Bill Gates spraying the skies. Find other ways to save money instead of wasting it .
3/13/2019james g parsons UThe environmental cost vs. gain makes wind and solar a no go. Study bird strikes. https://www.audubon.org/news/migratory-bird-treaty-act We are located in the Central flyway for migratory birds. Place the wind turbine off shore., less bird conflict and closer to where the electricity is needed
3/12/2019Dennis R Moon UThreat to Wildlife. ... Noise and Visual Pollution. ... Expensive to Set Up. ... Safety of People. ... Suitable to Certain Locations. ... Effect on Environment Absolutely NO. More

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