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HomeMy WebLinkAbout02248 - WECS SAN GORGONIO SANDBERG WIND R/W GRANT Sandberg Wind Corporation R/W Grant settlement agr AGREEMENT #2248 SETTLEMENT AGREEMENT Signed by Council per closed session, reported 9-18-85 PARTIES " - - — - —The parties to this Agreement are ( a) the CITY OF PALM SPRINGS , FRANK M. BOGERT, RICHARD SMITH, WILLIAM FOSTER, ELI BIRER, and LLOYD MARYANOV (collectively "CITY") , who are plaintiffs in The City of Palm Springs, etc . , et al . v. Donald Paul Hodel, etc. , et al. , United States District Court , Central District of California, Civil Action No . 85-2114-WMB(Tx ) ( "the Action" ) ; and (b) SANDBERG WIND CORPORATION, a California Corporation ( "PROJECT PARTY") . PURPOSE : The purpose of this Agreement is to achieve a full and complete settlement of the CITY'S claims against the PROJECT PARTY and its claims with respect to the Right-of-Way Grant described below, and a full and complete settlement of all claims of the PROJECT PARTY against the CITY arising out of or resulting from the filing of the Action by the CITY. RIGHT-OF-WAY GRANT: This Agreement concerns a portion of Right-of-way Grant , Serial No . 10616-C , for a wind energy development ( "Development" ) , issued by the United States Department of the Interior, Bureau of Land Management (collectively "BLM" ) to Southern California Edison (SCE ) and assigned by SCE to the PROJECT PARTY on March 30, 1984. Said Right-of-Way Grant was subsequently reissued by the BLM to the PROJECT PARTY on March 31 , 1984 and now bears Serial No . ALTERNATIVE I CA-15550. A copy of the Right-of-Way Grant No . CA-15550 ( hereinafter "Grant" ) is attached as EXHIBIT A hereto. The federal lands subject to the Grant are described as Section 28, Township 3 South , Range 4 East , SBBM. PROJECT PARTY'S current plan of operation for the wind energy development project is attached as EXHIBIT B hereto. A site plan depicting the location and anticipated location of the individual wind turbine generators ( "generators" ) is attached as EXHIBIT C hereto. THE PARTIES AGREE AS FOLLOWS : 1 . Mitigation Measures. Subject to written BLM approval , the PROJECT PARTY shall proceed to implement the mitigation measures set forth below. ( a) Within one year from the effective date it shall color and thereafter maintain the exposed metal , non-galvin- ized , surfaces , excluding blades , of all existing and future generators in Section 28 with a dull ( i .e . , non-glossy) finish and color selected by the PROJECT PARTY for compatability with the surrounding environment. The CITY shall have five days to comment upon any color selected prior to having that color used . All new and replacement blades shall be the same color as is selected above by the PROJECT PARTY for the color of the metal non-galvanized surfaces , provided that such new and replacement blades will be required in such color only if ( 1 ) such color is available from the manufacturer at a cost no greater than 58 in -2- excess of the then cost of standard colored blades offered for such generators ; (2 ) such blades can be delivered not more than 30 days from the date standard colored blades can be delivered assuming both were ordered at the same time; (3 ) the color or method of coloration will not impair the aerodynamic function of the blade, or the manufacturer' s warranty on such machines , or any insurance then in effect . ( b) The PROJECT PARTY shall not propose to install or install any generator which would be closer to Highway 111 than two-thirds of a mile. The CITY hereby agrees that no generator depicted in Exhibit C is closer to Highway 111 than two-thirds of a mile. The PROJECT PARTY shall provide the CITY with an as-built site plan at such time as such plan is provided to the BLM. ( c) The PROJECT PARTY shall not propose to install or install any generator with a tower height in excess of 165 feet or an overall height exceeding 225 feet ( ground to highest point of blade travel) which would be within one mile from Highway 111 . ( d) The PROJECT PARTY shall not operate its port- able concrete batch plant in such a manner that said plant gener- ates noise levels greater than those permitted by the County of Riverside Noise Ordinance in effect on the effective date of this Agreement. In addition, it shall operate said plant in accordance with the time and duration requirements of said Ordinance. Said plant shall be removed from the site by March 1 , 1986. Said plant shall only be used for mixing cement which is to be used in connection with the erection of generators on section 28. Nothing -3- contained in this subparagraph ( d) shall be deemed to create any right or authority in the County of Riverside or the CITY to enforce any noise ordinance against Sandberg . The only remedy for the failure to comply shall be the breach of contract action mentioned in paragraph B . ( e) Subject to its contractual or legal right to do so , the PROJECT PARTY shall remove all generators, at its sole expense , which are non-operative as described hereafter. A generator shall be deemed to be " non-operative" if it does not generate power for six consecutive months at a level of 25% of its rated capacity as compared with the wind histogram for its site ; provided , however, that a generator shall not be subject to removal if the PROJECT PARTY can demonstrate that modernization, rebuilding , or repairs are in progress or planned and shall be completed within six months . In order to monitor the ongoing power generation to determine whether any generator is non-operative, the PROJECT PARTY shall provide the CITY with the following information on a quarterly basis: ( 1 ) A copy of every CEC Wind Project Performance Report required under Title 20, California Administrative Code, sections 1381 - 1389. ( 2 ) Data pertaining to the KWh actually produced by each generator within the Development on an individual basis to the extent such information is otherwise compiled on an individual basis . -4- (3 ) A comparison of the information provided under Sections ( 1 ) and (2 ) above including a graphic representation overlapping a wind histogram with the power curve for each model of generator within the Development . A wind histogram compares wind speed at the wind park site with actual generator output . ( f) It shall provide the CITY with notice of all accidents or generator failures involving tower failures , blade separation, fluid spills or incidents which cause personal injury resulting in hospitalization. Such notice shall be given within one week from the date the PROJECT PARTY has knowledge of such failures , accidents or injuries . ( g) Nothing in this Agreement shall require the PROJECT PARTY to undertake mitigation measures in direct conflict with mitigation measures required by the BEM. 2. Noise. In the event the CITY, BLM or the PROJECT PARTY receives unsolicited written complaints , within a six month interval from six residents living on different lots within Section 34, Township 3 South , Range 4 East , SBBM, in which such i residents complain noise or vibrations from generators affect them or their residences , then the standards, testing procedures and requirements set forth below shall apply. An initial test shall be conducted irrespective of complaints . Such initial test shall be conducted as soon as the generators described in Exhibit C are I installed and operating but in no event sooner than April 15, 1986 nor later than April 15, 1987. Nothing herein contained shall -5- • limit the BLM from enforcing the noise standards it feels are appropriate or required under its grant . So long as the standards set forth below are met , the testing procedures set forth hereafter cannot be required more often than once every 365 days regardless of the number of complaints . ( a) A-Weighted Audible Noise. ( 1 ) A-Weighted Audible Noise Standard. In the event the complaints concern audible noise , then the parties agree that at either of the Points of Measurement for A-Weighted Audible Noise, as defined hereafter, mitigation measures set forth in detail in paragraph 2(e) shall be required if a sample period Leg of 60 dB( A) ( i .e . , noise levels exceed an energy average of more than 60 dB( A) during the sample period between wind gusts) provided , however, that at such time as the initial measurement is taken, a second measurement shall be taken by the method and at the same Points of Measurement as the initial measurement , except that the generators in Section 28 shall be turned off during this measurement . Only if the second measurement results in a calculation that the generators in Section 28 are responsible for a Leq of more than 60 dB( A) at the Points of Measurement excluding wind noise, shall mitigation measures as set forth in detail in pragraph 2( e) be required . The noise level of the generators in Section 28 at the Points of Measurement shall be determined after the second measurement ( if a second measurement is required) according the following formula: -6- Generators Sound Pressure Level (SPL) = 10x initial measurement SPL second measurement SPL log (10 10 - 10 1 ) ( 2) Points of Measurement for A-Weighted Audible Noise. The two Points of Measurement for A-Weighted Audible Noise shall be on the downwind side of any windbreaks at the northwest corner of the southeast quarter and the northwest corner of the southwest quarter of Section 34 Township 3 South, Range 4 East, SBBM. (3 ) Method of Testing . All testing shall be conducted with the wind blowing at an average of between 20 to 25 miles per hour during the test period with wind speed measured at the height of the anemometer on the Carter 250 turbine on site L12 in Section 28 which anemometer is set at the hub height. Each test shall be conducted so as to obtain at least a 10 minute, but not more than 12 minute, sample. The sample Leq value shall be the energy average of the noise for episodes between gusts during the sample period. Such sample shall be uncontaminated by airplanes, vehicular traffic, trains or other non constant sources of noise. No test shall be conducted while it is dark. Measurements shall be made by a precision sound level meter switched to the A--Weighted scale and the fast response mode i connected by the D.C. output to a portable graphic level recorder. During the initial measurement all generators capable of running must be running and loaded. During the period of the test the wind speed and the power output on two generators shall be -7- measured every ten seconds for the period of the test . The microphone shall be set at 3 to 5 feet above ground level shielded by a B & K foam ball wind screen. All tests shall be conducted by a representative of the PROJECT PARTY with the results transmitted to the parties hereto. At least 30 days before testing is scheduled , PROJECT PARTY shall provide CITY with a written test plan and list of instrumentation to be used in said test and the CITY shall be given at least 7 days written notice of such test , shall be entitled to have a representative present at the test and shall have full and complete access to all information and methodologies used . In the event there is a material dispute as to the interpretation of the results or as to the propriety of the methodology used other than as set forth herein, then the representatives of the PROJECT PARTY and the CITY shall select an independent expert to settle any such issue in dispute. A material dispute with respect to interpretation occurs only if the CITY' s interpretation would imply that the PROJECT PARTY has failed to comply. A material dispute occurs with respect to methodology only if the CITY' s alleged defects could have caused the results to show compliance when proper methodology would have shown a filaure to comply. The decision of such independent expert shall be binding . In the event an independent expert cannot be agreed upon, one shall be selected by a random selection of an independent expert with demonstrated current knowledge of wind turbine noise measurement problems . Such selection shall be made from a list of experts acceptable to the BLM. -8- ( b) Low Fre uenc_y_Noise. ( 1 ) Low Frequency Noise Standards. Low Frequency Noise may be defined as sound caused by frequencies below 100 Hz . Sounds below 20 Hz are generally inaudible but may cause vibrations or perceptions of vibration and sound . In the event the complaints concern vibration, then the parties agree that at the one-third octave band levels and at the Points of Measurement of Low Frequency Noise , as defined below, mitigation measures as set forth in detail in paragraph 2( e) shall be required if the wall perceptible vibration criteria described in NASA Technical Memorandum 83288, "Guide to the Evaluation of Human Exposure to Noise from Large Wind Turbines" ( "NASA Wall Standard" ) ; provided , however, that in the event the noise level exceeds the criteria described above at such time as the initial measurement is taken, a second measurement shall be taken by the same method and at the same Points of Measurement as the initial measurement , except that the downwind turbines in Section 28 shall be turned off during this measurement. Only if the second measurement results in a calculation that the downwind generators in Section 28 are responsible for an exceedence of the criteria described by the NASA Wall Standard at the Points of Measurement excluding wind noise, shall mitigation measures as set forth in detail in paragraph 2( e) be required . The noise level of the downwind generators in Section 28 at the Points of Measurement shall be determined after the second measurement ( if a second measurement is required) according to the following formula: -9- Downwind Generators SPL = 10 x initial measurement SPL second measurement SPL log ( 10 10 - 10 10 ) Below 40 Hz , wind induced noise upon the measuring system ( "psuedo-noise" ) may occur. All tests of low frequency noise shall be conducted and interpreted to discount psuedo-noise caused by wind turbulence across the measuring system. ( 2) Point of Measurement for Low Frequency Noise. The points of measurement of the Low Frequency Noise shall be as near as possible to the residence of the person in section 34 closest to Section 28 who complains of vibration from this type of inaudible noise. For the first test, which shall be conducted without complaints, the Points of Measurement shall be as near as possible to the residence of the person in Section 34 closest to Section 28 . (3 ) Method of Testing . Measurements shall be taken with a measuring instrument flat down to 2 Hz and recorded on an FM tape recorder for analysis in the laboratory with a one-third octave band frequency analyzer. The decible I levels shall be measured at the standard preferred center frequencies of 3 . 15 Hz , 4 Hz , 5 Hz, 6.3 Hz , 8 Hz , 10 Hz, 12. 5 Hz , 16 Hz , 20 Hz , 25 Hz , 31 . 5 Hz , 40 Hz , 50 Hz , 63 Hz , 80 Hz and 100 Hz. Except as set forth herein, the Method of Testing shall be the same as set forth in Paragraph 2 (a) (3 ) . ( c) Additional Testing . The PROJECT PARTY agrees that for academic purposes only, addtional tests shall be - 10- conducted concurrently with the tests described above. After the A-Weighted Audible Noise sample has been obtained the meter shall be switched to the C-Weighted scale for a 3 to 5 minute test . Additionally during both the A-Weighted Audible Noise Test and the Low Frequency Noise test a simultaneous test shall be conducted with the measuring equipment placed 300 feet downwind from the nearest generator. The parties agree that neither the use of the C-Weighted scale nor the taking of measurements 300 feet downwind from a generator are proper methodology to be applied in determining whether the PROJECT PARTY is in compliance under this Agreement . (d) Payment for Testing. The third party costs of testing shall be paid for by the PROJECT PARTY. ( e) Failure to Comply with Noise Standards. In the event any of the tests conducted show that the generators in section 28 are not in compliance with the agreed upon noise standards defined above, then the PROJECT PARTY shall have six months within which to take mitigation measures to correct the problem such that the compliance standards set forth herein are met. At the end of such six month period any tests indicating non-compliance shall again be conducted utilizing the methodology set forth herein. If such tests still demonstrate non-compliance, the PROJECT PARTY shall turn off or limit the number of, or operating hours of such generators as may be necessary to bring the generators in section 28 into compliance . Failure to operate a generator because of the constrictions of this Paragraph shall --1 1 - not count as a "Nonproductive Turbine" under Paragraph 1 ( e) of the Agreement . The CITY shall not oppose mitigation measures suggested by the PROJECT PARTY including the planting of trees on the BLM side of the north half of section 34 or the retrofitting of generators to reduce noise levels so long as the BLM agrees to such mitigation measures . Nothing herein shall prevent the PROJECT PARTY from operating all or any generators in section 28 for a reasonable time to test the effectiveness of mitigation measures undertaken hereunder. 3. Notice to CITY of Changes in the Development. The PROJECT PARTY shall provide the CITY with copies of all documents filed with the BIM after the effective date of this Agreement, including but not limited to, any proposed amendments to the Grant or proposed changes in the plan of operations , or any proposal for substantial changes in the development . These copies shall be provided to the CITY at the time they are submitted to the BLM. 4. Further Environmental Assessment. The PROJECT PARTY agrees that in the event it proposes to make any substantial change to the plan of operations of the development which requires BEM approval , including , but not limited to, enlargement of acres disturbed or an increase in numbers of generators ( but not changes in the type , other than upwind to downwind generators ; size ; or capacity of -12- • generators) the PROJECT PARTY will request in writing that BLM prepare an environmental assessment and such further environmental review as may be required under the National Environmental Policy Act to determine the marginal effects of such change. The PROJECT PARTY'S efforts shall include, but not be limited to, an offer to pay for all costs of preparing said environmental review provided such limitation shall in no way act as a limitation of the rights of the BLM to require payment . The PROJECT PARTY shall provide the CITY with copies of all documents filed with BLM. These copies shall be filed with the CITY at the same time they are submitted to BLM. 5. Community Monitoring Program. The PROJECT PARTY agrees to cooperate with Riverside County Wind Implementation Monitoring Program ( "WIMP") to the extent of contributing $1 . 15 per rated kilowatt of power actually installed in Section 28, providing site access and unprivileged information it deems to be nonproprietary to authorized representatives of WIMP upon reasonable notice . The contribution for each rated kilowatt hour shall be paid in equal annual installments without interest to Riverside County over a five ( 5 ) year period . The first payment shall be made January 31 , 1986 based on turbines installed as of the end of the year 1985. 6. Dismissal from Action and Waiver of Claim. ( a) The Parties hereto will , promptly after execution of this; Agreement , file a joint stipulation for a -13- dismissal of the PROJECT PARTY from the Action with prejudice and to dismiss the FEDERAL DEFENDANTS from the Action with prejudice as it relates to Section 28 only. A copy of said Stipulation is attached hereto as EXHIBIT D. ( b) For, and in consideration of this Agreement and said filinq of said Stipulation for Dismissal with Prejudice: ( 1 ) The PROJECT PARTY agrees to discharge the CITY, its officers , agents and employees , from any and all claims , actions , causes of action, demands, rights , damages , costs , expenses , requests for attorneys' fees , and compensation whatsoever known or unknown, foreseen or unforeseen and arising prior to the effective date of the Agreement and related to matters set forth in the Action including that certain Settlement Agreement entered into by and between the City of Palm Springs and the Southern California Edison Company in early 1983 (hereinafter the "SCE Agreement" ) as such SCE Agreement effects section 28. (2 ) The CITY agrees to forever discharge the PROJECT PARTY or any other person or entity which owns all or a portion of any turbine or turbine easement in Section 28 and the FEDERAL DEFENDANTS and Southern California Edison as to Section 28 only and their respective officers , directors , partners , employees , and agents from any and all claims , actions , causes of action, demands , rights , damages , costs , expenses , requests for attorneys' fees and compensation whatsoever known or unknown, forseen or unforseen, and arising prior to the effective date of this Agreement and related to matters set forth in this Action including the SCE Agreement . -14- (3 ) It is further understood and agreed that all rights under Section 1542 of the Civil Code of California and any similar law of any state or territory of the United States are expressly waived . Said section reads as follows : " A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release , which if known by him must have materially affected his settlement with the debtor." (c) Nothing contained in subparagraphs ( b) ( 1 ) (2 ) or (3 ) shall operate as a release of obligations set forth in this Agreement . 7. Effective Date. This Agreement shall become effective upon its execution by the parties hereto. If the court fails to grant the dismissals as requested herein then this Agreement shall be null and void . The parties hereto agree to use their best efforts to convince the court to approve the dismissals as set forth herein. 8. Valid Right-of-Waxy. The CITY will not challenge the validity of said Right-of-Way Grant or NEPA compliance with respect to the Right-of-Way Grant as to any activities approved by the BIM prior to the effective date of this Agreement or as to any activities required or permitted by this Agreement . Furthermore, the parties agree that in any subsequent litigation the CITY shall not contend - 15- that the actions or the effects of actions taken by the BLM or others on property not in section 28 shall be aggregated or taken , into account in determining whether there has been a major federal action relative to section 28 which significantly affects the human environment . 9. Remedy. If any party hereto believes that another party hereto has breached this Agreement , the sole and exclusive remedy shall be an action for breach of this Agreement . The dismissal with prejudice and mutual releases provided herein shall remain in effect notwithstanding any breach of this Agreement. 10. Miscellaneous. ( a) Successors - This Agreement is binding upon and shall inure to the benefit of the parties hereto and each party' s respective successors , grantees , sublessees , assigns , heirs , and personal representatives. ( b) Knowledge and Consent of Parties - The parties to this Agreement have read and understand this Agreement . The parties to this Agreement mutually warrant and represent that this Agreement is executed voluntarily and without duress or undue influence on the part or on behalf of any party hereto. ( c) Entire Agreement - This Agreement contains the sole and entire agreement and understanding of the Parties with respect to the subject matter hereof, and the Parties agree -16- that the SCE Agreement shall be of no force and effect with respect to section 28. No representations , oral or otherwise , express or implied , other than those contained herein, have been made by any party hereto. ( d) Terms not Mutually Dependent - The terms and provisions of this Agreement are not mutually dependent on one another and are severable. If any provision of this Agreement is declared to be invalid for any reason or is allegedly breached , then such invalidity or breach shall not affect validity of the entire Agreement . ( e) Waiver, Modification, Termination and Amendment - No provision hereof may be waived unless in writing and signed by THE CITY OF PALM SPRINGS , and SANDBERG WIND CORPORATION. Waiver of any one provision herein shall not be deemed to be a waiver of any other provisions herein. This Agreement may be modified , terminated , or amended at any time by mutual consent , but only by a written agreement executed by each of the parties hereto. ( f) Attorneys' Fees - In any action to interpret or enforce any provision of this Agreement , the prevailing party shall be entitled to its reasonable attorneys' fees. ( g) Titles and Captions - Titles and captions contained in this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit , extend , or describe the scope of this Agreement or the intent of any provision herein. -17- r ( h) Governing Law - This Ag reement shall be construed in accordance with the laws of the State of California . ( i) Execution - This Agreement may be executed in one or more counterparts , each of which shall be an original but all of which together shall be deemed to constitute a single document . ( D Notices - Notices required to be given by the terms of this Agreement shall be given by personal service , or by deposit of the same in the custody of the United States Postal Service , postaqe prepaid , addressed to the party to be served as follows : ( 1 ) CITY: City Manager City of Palm Springs 3200 Tahquit z-Mc Call um Way Palm Springs, CA 92262 (2 ) PROJECT PARTY: Sandberg Wind Corporation 31324 Via OSlinas Suite 114 Westlake Village, CA 91362 The parties hereto may designate alternate persons to receive notice on their behalf as necessary. Notices herein shall be deemed given as of the date of personal service, or two (2 ) consecutive calendar days after deposit of the same in the custody of said Postal Service. ( k) Exhibits -- All exhibits to this Agreement ( with the exception of EXHIBIT D hereto) have been provided by PROJECT PARTY, who warrants that they are true and correct copies of said documents and that there are no modifications , additions , or deletions to said documents except as set forth in the -18- THE INDIVIDUAL PLAINT�IFFSS : /2 �— ank M. Bogert Ri haar ST3,f-h N- ill Senn- Fos er El/i�,�Birer —� Lloyd Maryanov PROJECT PARTY: SANDBERG WIND CORPORATZON Bye t'Li, rT �_(,," 1r✓ Michael C. Donnell Its President APPROVED AS TO FORM: ),jrZN � / -- William J. Pd s City Attor e for the City of P or and Attorney r Frank M. Bogert , Richard Smith, William Foster , Eli Birer and Lloyd Maryanov William E. Eick foT Eick, Thompson & Palazzo, Inc . , Attorney for Sandberg Wind Corporation -20- administrative record provided by the BLM or as expressly noted therein. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates indicated and their attorneys have indicated their approval as to form and substance by their respective signatures in the appropriate spaces indicated below. CITY: THE CITY OF PALM SPRINGS ✓ Gyx Li.4d✓�2.n.' �'�` s ,r'lC' f_.cii, B y 7" Frank M. Hoge , Mayor Its Authoriz epresentative ATTEST: ( City Seal) ' City -Clerk of the City o Palm Springs -19- `- :NtN oiY 4r .� !° of United States Department of the Interior ' . 5 yr ,� BUREAU OF LAND MANAGEMENT - California Desert District, NHk,,,k,, 1695 Spruce Street kl k.F E.H'I'o Riverside, California 92507 CA-15550 2800 (C-066.21 ) AUG 14 1984 Mr. Michael Donnell, President Sandberg Wind Corp. 31324 Via Colinas, Suite 114 Westlake Village, CA 91362 Dear Mr. Donnell : Enclosed is the executed copy of your right-of-way grant CA-15550, Diving your company authorization to construct, operate and maintain a wind turbine park in Section 28, T. 3 S. , R. 4 E. , S.B.B.M. We are also enclosing a copy of the original assignment decision. Before any construction begins , you must receive a Notice-to-Proceed from this office. Please refer to page 10 of your grant for details. Mr. Kent O'Brien, of your company, has expressed a particular interest in the section of the grant that deals with the preparation of a plan of operations . Please make a copy of that section available to him. We look forward in working with your company on the remaining phases of this project. Sincerely, Gerald E. Hillier District Manager ACTING Enclosures Serlel No. CA-1555U UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT CALIFORNIA DESERT DISTRICT 1695 Spruce Street Riverside, California 92507 RIGHT-OF-WAY GRANT Section A. 1 . There is hereby granted, pursuant to Title V of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761), a nonexclusive nonpossessory right-of-way to: Sandberg Wind Corporation 31220 LaBaya Drive, Suite 110 Westlake, California 91362 In case of change of address the Holder shall immediately notify the Authorized Officer. 2. To use, subject to terms and conditions set out below, the follow- ing described public land: T. 3 S. , R. 4 E. , S.B.B.M. A portion of Section 28. 3. Description of the right-of-way facility and purpose: The right-of-way is for the construction operation, and maintenance of Wind Turbine Electric Generators (hereinafter referred to as WTG) , electric transmission lines, access roads within the right- of-way boundary, and ancillary facilities. The right-of-way will be used to develop, produce, utilize, and sell electricity generated from wind energy. The area of this right-of-way grant is 314 acres more or less. A map showing the location of the right-of-way is enclosed hereto and identified as: Exhibit "B" titled "Wind Park SitlP\ Plan - Whitewater Floodplain- 28." Section B. 1 . The right-of-way Holder agrees to comply with all the applicable regulations contained in 43 CFR 2800. 2. If the right-of-way Holder violates any of the terms and conditions to this grant, the Authorized Officer, after giving written notice may declare the grant terminated. 3. This grant is subject to all valid rights existing on the effective date of this grant. 4. There is reserved to the Authorized Officer, the right to grant additional rights-of-way or permits for compatible use on, over, under or adjacent to the land involved in this grant. Holder will be notified and have an opportunity to comment on any grants or authoriza- tions to third parties to use the land covered by this grant. 5. The right-of-way shall be relinquished to the United States if the Holder determines that the authorized uses are no longer needed. 6. All other terms and conditions. Compliance will be in accordance with the terms and conditions as specified herein and in Exhibit "A" enclosed hereto and made a part hereof. 7. Rental (a) The Holder shall pay to the United States an annual rental payable in advance. The Holder shall make each annual rental payment on or before March 31st of each year. The annual rental payment shall be in the amount of $204,372.00. The rental payment is determined at a rate of $660.00 for 309 acres and totals $203,940.00, and five acres at a rate of $86.40 for a total of $432.00. The reduced rate area is indicated by the shaded portion in Exhibit "B" . (b) In addition, the Holder shall pay the United States a royalty of two (2) percent of the annual gross revenues received from the sale of electrical energy produced from the wind resources, if the annual rental payment is less than this royalty. The differ- ence in the amount of rental and royalty shall be due and payable annually on or before the 45th day after each anniversary of the above due date. The Holder shall\make available to the Author- ized Officer the accounting documehts relative to operations 2 under this grant in order that the royalty payment may be calcu- lated or verified . The Holder shall submit to the Authorized Officer the annual electrical production reports relative to operations under this grant . Portions of such data may be designated by the Holder as proprietary, and the Authorized Office will only release that data to the public if required by the Freedom of Information Act. 8. Duration of this Grant This right-of-way grant is renewable and shall be for a term of thirty (30) years from the effective date of this grant. 9. Right of Access to the United States The United States reserves and shall have a continuing right of access to any part of the lands that are subject to the right-of-way, and a continuing right of physical entry to any part of the right-of- way, for inspection or monitoring purposes and for any other purpose or reason that is reasonably consistent with any right or obligation of the United States under any law, regulation, grant , or other authorization relating in whole or in part to all or any part of the system. Any action by the United States shall not compromise or interfere with the construction, operation or maintenance of the wind energy system. 10. Site Protection The Holder has the right to employ those measures that it deems necessary to protect the security of the system as approved by the Authorized Officer, including related facilities, and may request that any individual who purports to act on behalf of the United States, pursuant to subsection 9, of this section, furnish it with written authorization from the Authorized Officer. 11. Suspension The Authorized Officer at any time may issue a written decision suspending any construction or maintenance activity of Holder in connection with the project which, in the judgment of the Author- ized Officer, immediately threatens serious or irreparable harm to life, property, or the environment . In the event the Authorized Officer determines that Holder has failed or refused to comply with any provisions of this grant or any permit issued in connection with the project, and after due notice including a reasonable time to rectify the problem, the Authorized Officer may issue a written decision suspending any or all of Holder's construction activities under said grant and permits . The Holder shall not resume such suspended activities until given written authorization to do so by the Authorized Officer. Any dispute arising under this grant shall be decided by the Authorized Officer. � I 3 12. Termination In the case of non-compliance by the Holder, with the terms and conditions of this right-of-way grant, the Holder will be required to comply within thirty (30) days from the notice of non-compliance. The Authorized Officer will have option, at the end of thirty days, to terminate this right-of-way grant if the Holder has not complied. 13. Assignment The Holder may after obtaining written consent of the Authorized Officer, assign in whole or in part any right, title, or interest in this right-of-way. The assignee shall be bouna by the terms and conditions . of this grant and to the construction schedule as specified in the plan of operations. Section C. The effective date of this right-of-way grant is the date of execution by the Authorized Officer. The undersigned agrees to The right-of-way grant the terms and conditions is executed this 31st day of this right-of-way grant: of March 1984. Name (Authorized icer of ACTING _LsTPtra-djA ) k rP ( lit le) (Title) 24 c1u, ff ate \ I 4 EXHIBIT A Terms and Conditions of Grant 1 . Health and Safety a. The Holder shall comply with the applicable Federal and State laws and regulations concerning the use of pesticides ( i .e . , insecticides , herbicides, fungicides, rodenticides, and other similar substances) in all activities/operations under this Grant. The Holder shall obtain from the Authorized Officer approval of a written plan prior to the use of such substances. The plan must provide the type and quantity of material to be used; the pest, insect, fungus, etc . , to be controlled; the method of application; the location of or storage and disposal of containers ; and other information that the Authorized Officer may require. The plan should be_ submitted no later than December 1 of any fiscal year ( i .e. , December 1, 19B3, deadline for fiscal year 1985 action) . If need for emergency use of pesticides is identified, the use must be approved by the Authorized Oficer. The use of substances on or near the right-of-way shall be in accordance with the approved plan. A pesticide shall not be used if the Secretary of the Interior has prohibited its use. A pesticide shall be used only in accordance with its registered uses and within other limitations if the Secretary has imposed limitations. Pesticides shall not be permanently stored on public lands authorized for use under this Grant. b. Before completion of each phase of development, the Authorized Officer will notify the Holder whether individual turbines or groups of tur- bines will be fenced or if gating the access roads is sufficient to insure public safety.- No additional notices-to-proceed will be used until this safety requirement is met. 2. Liability Holder shall be fully liable to the United States for any damage or injury incurred by the United States in connection with the use and occupancy of the right-of-way by the Holder. Holder shall be held liable for any activity within a right-of-way or permit area which the Authorized Officer determines presents a foreseeable hazard or risk of damage or injury to the United States. The Holder or its subcontractors will be held liable as a result of injury, loss of life or damage or injury to the United States. The Holder or its subcontractors will be held liable as a result of injury, loss of life or damage to property in connection with construc- tion, operation, maintenance, or termination of right-of-way grant . Strict liability is not imposed for damage or injury resulting primarily from an act of war or the negligence of the United States. To the extent consis- tent with other laws, strict liability shall extend to costs incurred by the United States for control and abatement of conditions, such as fire or oil spills, which threaten lives, property, or the environment, regard- less of whether the threat occurs on areas that are under Federal jurisdic- tion. The maximum limitation shall not \exceed $1,000,000 for any one event, and any liability in excess of sud% amount shall be determined by the ordinary rules of negligence of the jurisdiction in which the damage or injury occurred . 5 In any case where strict liability is imposed and the damage or injury was caused by a third party, the rules of subrogation shall apply in accor- dance with the laws of the jurisdiction in which the damage or injury .occurred . Holder shall be fully liable for injuries or damages to third parties resulting from Holder' s activities or facilities on lands under Federal jurisdiction in which the damage or injury ocurred. 3. Cost Reimbursement To the extent lawfully required pursuant to the authority to 4Z U.S. C. Section 1734(b) and Section 1764(g) , (1976) the Holder shall reimburse the United States for all reasonable administrative costs exclusive of manage- ment overhead, and other cost heretofore or hereafter incurred directly or indirectly by the United States for: (1) processing applications filed by the Holder in accordance with the system; and (2) monitoring the construc- tion, operation, maintenance, and termination of all or any part of the system. The Holder shall hereafter pay in advance to the United States such sums as the Authorized Officer shall determine are required to reimburse the United States for the cost incurred or to be incurred by the United States subse- quent to grant issuance. Shortfall of estimated quarterly costs will be billed to the Holder and excess deposits will be credited against the next quarterly advance deposit. Failure of the Holder to pay advance deposits will result in suspension of activities by the Authorized Officer when current deposits are exhausted. Periodic statements of actual costs will be furnished to the Holder. 4. Civil Rights The Holder aarees not to exclude any person from participating in employ- ment or procurement activity connected with this grant on the grounds of race, creed, color, national origin, and sex, and to ensure against such exclusions, the Holder further agrees to develop and submit to the proper reviewing official specific goals and timetables with respect to minority and female participation in employment and procurement activity connected in this grant. The Holder will take affirmative action to utilize business enterprises owned and controlled by minorities or women in its procurement practices connected with this grant. Affirmative action will be taken oy the Holder to assure all minorities or women applicants full consideration of all employment opportunities connected with this grant. The Holder also agrees to post in conspicuous places on its premises which are available to contractors, subcontractors, employees, and other interested individuals notices which set forth equal opportunity terms; and to notify interested individuals, such as bidders, contractors, purchasers, and labor unions or representatives of workers with whom it Pius collective bargaining agree- ments, of the Holder' s equal opportunity ob�gations. 6 5 . Modification During the preconstruction and construction periods, the Authorized Officer may require Holder to make such modifications of the system as he deems necessary without liability or expense to the United States to protect or maintain stability of the environment and the public interest. If, at any time, the Holder wishes to significantly modify any portion of the right-of-way hereby granted, or any of the improvement thereon, prior written approval of the Authorized Officer must be obtained . No such approval shall be given unless the request is fully justified by Holder and is authorized by law. Where necessary, Holder shall make application under appropriate regulations. Holder shall consult with the Authorized Officer 72 hours in advance on any need to modify or deviate from the approved Plan of Operations. 6. Liaison Holder shall designate a representative for field operations who shall be the sole field representative of Holder and Holder' s contractors in dealings with the Authorized Officer; said representative shall be empowered on behalf of the Holder and Holder's contractors, subcontractors, and agents to communicate with the Authorized Officer and to receive and comply with all communications and decisions of the Authorized Officer. The Authorized Officer shall be notified of any changes in the named representative . 7. Removal of Property on Termination or Expiration of Grant No removal of structures, machinery, equipment and materials may be initi- ated without receiving written approval for site reclamation from the Authorized Offier . After the Holder receives approval for site reclamation, the Holder has six months thereafter to remove from the granted lands, all structures, machi- nery, equipment, and materials, in accordance with applicable regulations and orders of the Authorized Offier. Any structures, machinery, equipment, tools, appliances, and materials, subject to removal by the Holder, as provided above, which are allowed to remain on the granted lands shall become the property of the Authorized Officer on expiration of the six-month period or any extension of that period which may be granted by the Authorized Officer. if the Authorized Officer directs the Holder to remove such property, the Holder shall do so at its own expense, or if it fails to do so within a reasonable period, the Authorized Officer may do so at the Holder' s expense. If no site reclamation plan is submitted to the Authorized Officer within 30 days, or any extension of that period which may be granted by the Authorized Officer, from the date of termination or expiration of the grant, all structures, machinery, equipment' 'tools, appliances or materials located on the right-of-way shall become the property of the United States. 7 u • structures, machinery, equipment, tools, applicance5 or materials located on the right-of-way shall become the property of the United States. S. Plan of Operations Holder shall submit to the Authorized Officer a comprehensive Plan of Operations for study and approval no later than twelve (12) months from the effective date and thirty (30) days prior to construction. The plan shall include but not be limited to the following sections: a. Excess Material Disposal - describe how and where excess material such as soil , gravel and vegetation will be disposed . b. Erosion and Sedimentation Control - describe how the soil will be stablilized as a result of construction practices . c. Fire Control - identify locations and types of fire control equipment that will be used on the project site. d. Oil , Waste, and Hazardous Substances Control , Cleanup, and Disposal - if any of these substances are to be used on the project area, describe what they are, how they will be controlled and where the disposal site will be located. Describe how the site would be cleaned up if a spill of these substances would occur . e. Pesticide, Herbicides, Chemicals - same as letter "e" above. f. Security - describe what type of security will be provided at the project site. g. Plot Plans and Illustration - submit a plot plan depicting location of wind turbines, borrow sites, stockpiling and storage areas , sub- stations, distribution line system designs, and roads. Describe what type of equipment will be used on the project site. h. Schedule - submit a construction timetable. i . Proof of any Federal , State and Local Permits - submit copies of per- mits requested by the Authorized Officer or proof from the appropriate Federal , State, or local agency, that such a permit is not necessary. j . Public Contact Plan - identify what person(s), their title, telephone number, address,, and how they will be handling public inquiries and complaints resulting from constructs practices and operation of the project. Describe how and where this information will be posted at the project site . 8 k. Project Description - if the project description has changed from the description submitted with the Holder ' s original application, the following information will be supplied: (1 ) Manufacturer (2) Wind Machine Model - if more than one machine is under consider- ation for deployment , include specifications for all types . Describe under what conditions one type of machine would be used over another. (3) Physical Specifications - total height , tower height , rotor diameter, total weight, weight of Dlades, foundation construction (width, depth and height) , material specifications including weight foundation, tower construction materials and components, photograph of wind turbine generator model (8 X 10, black and white) , structure designs for the tower and foundation should be supplied . (4) Performance Specifications - rotation speed (rotor RPM) , speed of blade tips, power output, cut-in speed , noise generation, cut-out speed , rated wind speed , rotor orientation, generator RPM, generator type, gear box step-up radio, and gear box type. (S) Project Annual Production - output based on annual average wind speed. (6) Additional information - rotor hardware specification ( i .e. , type , size ) , alternator hardware specification ( i .e . , type , size) . (7) Brake System - type. (8) Control Functions - automatic yaw, failsafe brake application and release, alternator voltage and phasing, circuit breakers and overcurrent control . (9) Safety Features - electrical systems designed to comply with National Electrical Code, lightning protection on all circuits, and blade throw probability of occurrence. (10) Wind Machine Construction Activities - iedntify the Size and location of site preparation (both temporary and permanent ) , temporary use areas, construction yards for material storage and equipment maintenance statins, equipment pads or leveled areas at each tower site, and a table summarizing land areas temporary and permanently occupied by WTG' s, new roads, existing roads, work areas, and construction yards. Diagrams should be submitted, if available. 9 ` � I (10) Wind Machine Construction Activities - identify the size and location of site preparation (both temporary and permanent ) , temporary use areas, construction yards for material storage and equipment maintenance stations, equipment pads or leveled areas at each tower site, and a table summarizing land areas temporarily and permanently occupied by WTG's, new roads, existing roads, work areas, and construction yards. Diagrams should be submitted, if available. (11) Transmission System and Substation - Design, Construction, opera- tion and maintenance, and abandonment . 9. Notice to Proceed a. Holder shall not initiate any construction activity on public lands without prior specific permission. Such permission shall be either by Notice to Proceed issued pursuant to this grant, a Temporary Use Permit or other appropriate written authorization. b. The Notice to Proceed shall be issued after the Plan of Operations is approved by the Authorized Officer . The Notice to Proceed may authorize construction on the entire project or a phase of the project . 10. Construction Requirements a. The Holder shall protect existing telephone, telegraph, and transmission lines, roads, trails, fences, ditches, and like improvements during con- struction, operation, maintenance, and termination of the system. The Holder shall not obstruct any road or trail without the prior approval of the Authorized Officer. Damage caused by the Holder to public utili- ties and improvements shall be promptly repaired by the Holder to a condition which is satisfactory to the Authorized Officer. b. Public land areas used for temporary access roads, equipment storage, and other construction activities shall be restored by the Holder to the satisfaction of the Authorized Officer. c. The Holder shall not blade existing_ roads unless approved by the Authorized Officer. d. Where access roads cross an existing gas pipeline, the Holder shall provide additional surface material to maintain at least five (5 ) feet of cover or requirements as specified by the owner. e. The Holder shall temporarily mark all locations for the wind turbine generators, roads and other ancillary structures before any ground disturbance begins. Marking the locations will aid in avoiding addition- al impacts to the environment . The Authorized Officer will review the proposed placement of the structures to insure that no sensitive compo- nent of the environment is significantly impacted . Refer to associated stipulations 6, 7.f. , 14.b. , 14.e. , anq`16.c. 10 f. All construction of new roads and upgrading of existing roads to be constructed must meet the following criteria. a) . Roadbed should not exceed 12 feet. b) . Maximum grade should not exceed 12 percent. c) . Roadcuts should have a minimum of 2:1 backslope. d) . Curve radii should be a minimum of 50 feet . e) . The road outslope should not exceed 4 percent. f) . The required waterbar spacing should be: Road Grade Spacing of Waterbeds __ --3% 00 ' 5 - 8% 200' 8 - 12% 100' Road construction will not be" allowed until centerlines have been staked and inspected for compliance with the above criteria. 11. Air Quality and Noise a. Dust control measures, such as daily watering, shall be implemented on road-disturbed areas within one (i) mile of populated areas, during periods of heavy vehicular traffic, and in areas identified as powdery soil conditions. b. Equipment repair areas and construction yards to be located on public lands will be at least one-quarter mile from the nearest residence or business to reduce impact on local residents. c . The Holder shall limit construction to daylight hours unless other- wise stated by the Authorized Officer. d. No WTG, or combination of WTGs shall be operated so that the noise created exceeds the noise element standard in the Riverside County General Plan. Noise levels will also be monitored as described in 14c below. 12. Soils a. Access roads shall be properly built in flood prone and flash fl000 areas to avoid erosion and gullying . b. Excess soil from pad construction shall be used as fill for roads or removed to a suitable dump site. Under no condition shall this material be disposed of at locations which could interfere with natural drainage channels. 13. Vegetation a. Natural vegetation shall be cleared r trimmed only when necessary to provide suitable access for construction, operation and maintenance of the system. 11 b. Where veqetation needs to be cleared for construction but not actual operations, it shall be clipped at ground level to allow resprouting . 14. Wildlife b. The Holder shall meet all the requirements contained in Suggested Practices for Raptor Protection on Power Lines. Prior to construction, The Holder s a provide the Authorized officer with drawings which show phase spacing, configurations, and grounding practices for this power distribution line. The Holder shall modify any structures not in conformance with Suggested Practices for Raptor Protection on Power Lines as determined by the Authorized Officer . 15. Land Use and Ownership a. No WTG shall be located such that the center of the tower is within a distance of one and one-half (1-1/2 ) times the rotor diameter from the north and south property lines and three (3) rotor diameters from the east and west property lines. b. Notwithstanding the provisions of 15a above, the wind access set- back(s) shall not apply if The Plan of Operations is submittea with a legally enforceable agreement for the life of the right-of-way that the adjacent landowner agrees to the elimination of the wind access setbacks) and will not develop his land in such a way to decrease wind velocities or increase wind turbulence at the location of the proposed WTG siting. c . No WTG shall be located within 1 .25 times the total wind turbine height from public highways , railroads , ouildinas , transmission lines (66 KV and above) , other structures, and developed springs . d. No WTG shall be located such that a transmitted microwave signal is directly impeded by a WTG. e. Holder shall take all necessary precautions to prevent television I nterference when siting WTGs. In those cases where a WTG is sited in the direct path between the receiver ano television station ano normal mitigation is ineffective, the Holder shall (1 ) pay initial hook-up fees for resident cable TV or, (2) install a TV translator, as ap- proved by the Authorized Officer . f. Holder shall take all necessary precautions to prevent interference to radio communications. In those cases where WTG siting results in the interference of radio communication . in critical areas, the Holder shall move the WTG from the path of the transmiting station and/or require the use of nonmetallic blades, as approved by the Authorized Officer. g. Permittees and other regular users of public lands affected by the construction and operation of the wind`eihergy system shall be notified 12 in advance of any construction activity that may affect their use the public lands . The Authorized Officer shall furnish Holder w• names and addresses of permittees , grantees and claimants of t subject area. h. Any water used with the approval of the Authorized Officer shall t only for the specific purpose and duration described in the approvf Plan of Operations. 16. Visual Resources a. Wind turbine generators, foundations, and buildings will be painted z blend into the surrounding environment, unless special coloration I necessary for public safety. The Authorized Officer will approve tF color scheme chosen for each phase of the project . b. Holder shall ensure that no paint or permanent discoloring agents ar( applied to rocks or vegetation for indicating survey or constructior activity limits, points, etc . c . To aid in mitioating visual impact, cut and fill slopes for roads shall be shaped to existing land contours where possible . All natural drainages shall be preserved . All clearings of construction areas shall be free form and shall respond to the existing forms and shapes in the area ( i .e. , use of curvilinear shapes rather than rectilinear) . Temporary sites shall be kept as small as possible and shall be located in areas of minimum vegetation and slope where possible. 17. Cultural Resources a. Should evidence of previously undiscoverea archaeological , historical , or paleontological materials be exposed by around disturbance during construction, the Holder shall suspend construction activities in the immediate area, leave the materials intact, and notify the Authorizea Officer immediately. b. The Authorized Officer shall engage a qualified professional to inspect and evalute the discovery within ten (10) working days . Avoidance measures, monitoring by the qualified professional , or salvage operation, if Judged necessary by the Authorizes Officer. shall be imoiementeo oy the Holder ano shall oe completed .ano aoorovec by the Authorized Officer prior to resuming construction in the area. The responsibility for, and the cost of, such avoidance, monitoring, or salvage operation shall be that of the Holder. c. collection or disturbance of artifacts and other archaeological , historical , and paleontological materials on or off the right-of-way by the Holder, his representatives or employees shall not be allowed, except as provided for in the Archaeological Resources Protection Act of 1979, and after consultation " ith the Authorized Officer . Offen- ders shall be subject to prosecution under the appropriate State and Federal laws. 13 17. General Requirements a. The Holder acknowledges and agrees that the grant of this right-of- way shall be subject to the express condition that the exercisE thereof will not unduly interfere with the management, administration, or disposal by the United States of the lands affected thereby, and that the Holder agrees and consents to the occupancy and use by the United States, its holders, permittees, or lessees of any part of the right-of-way not actually occupied or required by the project, or the full and safe utilization thereof, for necessary operations incident to such management, administration, or disposal . b. The Holder shall make separate application, under applicaole statutes and regulations, for additional authorizations to use or occupy public lands or natural resources thereon ( including, but not limited to sand and gravel ) , in connection with the system. 14 AHIBIT B Parcel Map - Whitewater Floodplain 28 20 21 21 22 20 1 -.Macs adae<Yaatam,l .�ciaau� ddkea t 1 dike f •4%j, frt / � �, ii:.: . _ East 3 West \ boundaries 3 times A'::. . rctuF�i$met of WTG �� . ' r - boundery is 2/3 mile from Hyy0�. 111 North & South boundaries 4 1.5 times ro4or- diameter o /WTG 4y 33 = 4 32 3Z T.3S., N.4E., SBBM . .■a.— right-of-way boundary Section 2 8 � Parcel Map - Whitew✓ater Floodnlain 20/ 28 20 21 i a1 � 29. em NEW raaI o- Iazvec�a� .� 7 .......... :•: ':• : '?' ::•::::'::: ::: ::': ':;:'� e } •. l . +♦ _r i East h West' ♦ ::•::::•}:•}::•.:v.::::: 1 ' . _ \ tioundarlea 3: times ....=::•:;•: .. 'retvF'dib ntet of W TG ••':•-'•. �.� . boundary Is 2/3 mile from HYi(oq. t11 North 3 South bound ries • • 7.5 times rotor- diameter o0WTG 29. �.�,_ 27 32 3z 33 = 4 T.3S- , R .4E., SEEM . Section 28 ® - small WTG's only _ - large WTG's only ❑ - small, medium or large WTG's a yea I - parcel boundary P1,^ OF OPERATIONS WIND ENERGY PROJECT SECTION 28, T3S, R4E Prepared for: Bureau of Land Management 1695 Spruce Street Riverside, CA 92507 September 1984 Prepared by: Sandberg Wind Corp. C M Engineering Associates 31324 Via Colinas, Suite 114 225 E. Airport Drive West Village, CA 91362 San Bernardino, CA 92408 TABLE OF CONTENTS Page I. PROPOSED PROJECT . . . . . . . . . . . . . .. . . . . . . . . . . ... . .. . . 1 II. LOCATION . . . . . . . .. .. . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . I r III. PROJECT FACILITIES .. . . . . . .. . . . .. . . . . . . . . . ... ... . . 1 I A. WIND TURBINE GENERATORS .. . . ... . . .... ..... . . .. . 1 B. AUXILIARY AND MAINTENANCE FACILITIES . . . .. . . . . . 4 IIV. SCHEDULING . . . . . . . . . . .. ....... . . . . . . . . . . . . . . . . . . . . . 5 V. SITE SPECIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 A. AREAS OF INFLUENCE . . . . . . . . . . . . . . . .. . . . ........ 5 B. EARTHWORK. . . . . . . .. . . . . . . . . .. . . . . . . . . . . . 5 C. BUILDING SETBACKS .. . . . . . . . . . . . .. . . . . .. . .. . . . . . 5 D. ACCESS ROADS. . . . . . .. . . . . . . . . .. ...... . . . . . . ... .. 7 E. SITE DISTURBANCE . . . . . . . . . . . . . . . . .. . . . . .. . .. . . . 7 VI. ENVIRONMENTAL. CONSIDERATIONS. . . . . . . . . . . . . . . . . .. ... . 7 A. AIR QUALITY . . .. . . . . . . . . . . . . .. . . . . . . . . .. . . . . .. 8 B. FLOOD HAZARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 C. BIOTIC RESOURCES . . . . . . . . . . . . . . . . .. . .. . 8 D. ARCHAEOLOGICAL RESOURCES . . . . . .. . . . . . . . . .. . .. . . 9 E. VISUAL RESOURCES. . . . . . . . . . . . .. . . . . . . . . . . .. . .. . . 9 VII. OTHER CONCERNS .. . . .. . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . 9 A. SECURITY. . . . . . . . . .. ...... .. . . . .. . . .. ... .. . . 9 B. WASTE REMOVAL. . . . . . . . . . . . . .. .. .. . . .. . . . .. 9 C. PERSONNEL FACILITIES . . . . . . . . . . . . . . .. . . .. . . 9 D. PRECONSTRUCTION ACTIVITY 10 . . . . . . . . . . . . .. .. . . . . . . E. CONSTRUCTION PERSONNEL & EQUIPMENT.. . . . . . .. . . . . 10 APPENDICIES A. WIND TURBINE GENERATOR SPECIFICATIONS B. PROJECT SCHEDULE C. TURBINE FOUNDATION DESIGNS i I. PROPOSED PROJECT The proposed operations for Section 28, Township 3 South, Range 4 East con- sist of the development of a Wind Energy Conversion Project on land under the jurisdiction of the Bureau of Land Management (BLM). The project involves the construction of 491 wind turbine generators, a primary substa- tion, and numerous transformers, control centers and a maintenance and operations facility. The project will include three medium wind turbine generator models with power ratings ranging from 65 kw to 92 kw for a total output of approxima- tely 40.3 megawatts. In addition, two large wind turbine generator models will be installed with output ratings of 250 kw and 375 kw. Total output from the large turbines will be 6.5 megawatts. II. LOCATION Section 28, Township 3 South, Range 4 East is located in the Northern Coachella Valley, immediately adjacent to the northern city limits of the City of Palm Springs (Figure 1). The site slopes in a northwest to southeast direction with an average slope of less than 2 percent. Site elevations range from approximately 808 feet above sea level at the north- west corner to 696 feet above sea level at the southeast corner. The Wind Energy Assessment of Palm Springs-Whitewater Area prepared by Aerovironment in 1979 identifies Section 28 as lying within an area exhi- biting excellent potential for wind turbine development. This conclusion was verified in Riverside County Environmental Impact Report #158, San Gorgio Wind Resource Study, Draft EIR prepared by Wagstaff and Brady in Marchon2 9 . III. PROJECT FACILITIES The project will be comprised of wind turbines and all necessary support facilities, including substation, transformers, and operations and main- tenance yards. A. Wind Turbine Generators Five models of wind turbine generators will be constructed on the site. Three models will be medium sized WTG's total height less than 160 feet. Two models will be large WTGs with total tower heights over 160 feet. 1 ibe PRIM 12 i�li�i j 1 7:.... Np " 10 II ' _IL�^i.+v'•8'D' - lraterP � - North . ,7 1 j::[# t • ttw-`uot ....,—�_�• t::a`.t'nw I r,nrl�-� •..T. 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I%_.ERII T .4 n,n •• wT29 A7n Il 'J1 1 i i �F \ 4 V P LNS y? _xN If 7 u u TABLE 1 WIND TURBINE GENERATOR SPECIFICATIONS SUMMARY MODEL WINDMATIC WINDSHARK RIISAGER CARTER N.A.P. NUMBER OF 108 303 60 10 10 TURBINES MANUFACTURER Holec Power Systems Inc. Dynergy Systems Riisager Carter Wind Systems North American 258 Lindberg Ave. 101 W. Lincoln St. Skaergardvej 4, Route 1, Box 405A 240 W. Shaw Ave. Livermore, CA 94550 Banning, CA 92220 Skeebaek Burk-Burnett, TX 76354 Clovis, CA 93612 DK-7400 Herning, Danmark KW RATING 65 kw 92 kw 90 kw 250 kw 375 kw ROTATION AXIS Horizontal Horizontal Horizontal Horizontal Horizontal TOWER HEIGHT 81 feet 53 feet 78 feet 160 feet 125 feet ROTOR DIAMETER 51 feet 54 feet 65 feet 67.5 feet 100 feet TOTAL HEIGHT 106 feet 81 feet 110 feet 192 feet 175 feet # BLADES 3 2 3 2 2 w RATED WIND 31.5 mph 33 mph 26.8 mph 41.5 mph 34 mph SPEED BRAKE SYSTEMS DISK DISK DISK DISK DISK TOWER MATERIAL Steel Latice Tubular Steel Tubular Steel Tapered Steel Tapered Steel • (4-pole) (12-aided) (8 aided) (12-sided) ROTOR MATERIAL Fiberglass Fiberglass Fiberglass Fiberglass Wood Composite Composite Composite Composite Composite CUT-IN SPEED 8.9 mph 11 mph 11 mph 9 mph 9 mph CUT-OUT SPEED 55.9 mph MANE NONE MANE 60 mph GEAR RATIO 1:20.8 1:19 1:18.8 1:24.9 1:6.33 The medium WTG's will consist of the following machines: - Windmatic (65 kw) - Dynergy Windshark (92 kw) - Riisager (90 kw) A total of 472 medium wind turbines are proposed. Large WTG's will include two models: - Carter (250 kw) - North American Power (375 kw) A total of 20 large wind turbines will be developed in the northeast corner w of the permit area. Turbines specifications are summarized in Table 1. Additional specifica- tion data are provided in the Appendix. Turbine tower heights will range from 53 feet to 160 feet. Rotor diameters will range from 50 feet to 100 feet. Foundations will vary depending upon the model type and location within the project. Turbines within the pri- mary flow area of the Whitewater River will be reinforced to provide better flood protection. B. Auxiliary and Maintenance Facilities 1. Transformers: Step-up transformers will be located throughout the pro- ject site. The location and ratio of transformers to turbines will vary by turbine model . Typical transformer-to-turbine ratios are as follows: WINDMATIC - 1 transformer/12 turbines WINDSHARK - 1 transformer/6 to 12 turbines RIISAGER - 1 transformer/8 turbines 2. Substation: A primary substation will be required for the transmission of site-generated power to Southern California Edison transmission lines. The substation will be located in the southeast corner of the site. As illustrated in Figure 3, typical pad dimensions will be approximately 50' x 130' . An additional 40' x 50' pad area will be provided for a switch yard for Sandberg interconnect. 3. Electrical Transmission System: Transmission lines from the WTG's to transformers will be p ace underground following the utility roads. Figure A illustrates the typical location of underground lines. All lines connecting transformers to the substation will be overhead. Lines will be suspended by standard wooden utility poles. 4. Meteorological Systems: Anemometers will be located throughout the project site to provide accurate wind data. On-site anemometers will be placed directly on machines or on 80-foot towers. 4 moo' /.so' N x x x x x x ,Q x �viso/v svd. � � x cvsrnME.es swrr�H Y�►,eo W S�viTr,✓/ Y.r,�v ,� v /f� !' /S� Z2' 3s' V�1 W O O O O • � I � '— x ' x x x x SOlIT/! L/NE SST/ON '�- i5. Construction/Maintenance Yard: A temporary construction yard will be provided during construction activities. This one acre site will be located south of the wind rows, near the west end of the permit area. It I will include fenced areas for equipment storage and office trailers. Upon completion of construction activities, a one-half acre section of the construction yard will be retained for use as an onsite maintenance yard. IV. SCHEDULING Upon approval of the operating plan, construction activities will commence as soon as possible. The projected completion date will be approximately nine to twelve months following commencement. A more detailed time sche- dule is provided in Appendix B. V. SITE SPECIFICATIONS A. Areas of Influence Wind turbine foundations will vary depending upon turbine model . Typical foundations designs are provided in Appendix C. Foundations will be exca- vated in a manner which minimizes site disturbance. The excavation site will be stabilized as necessary with water. Augers will be used for exca- vation with spoil material stockpiled within the designated disturbance area. Casings will be installed, as required, for soil stabilization and compaction. Any variation in excavation techniques or spoil material disposal methods shall be subject to BLM approval . B. Earthwork Since the entire parcel is relatively flat, extensive earthwork will not be required. Earthwork will generally be limited to foundation excavation and minor road grading. Spoil material will be disposed or distributed as approved by BLM. C. Setbacks Building setbacks at property lines will be in accordance with BLM stan- dards. East and west property setbacks will be three times the total tur- bine height with the turbine blade in a 12 o'clock position. North and south setbacks will be 1.5 times the total turbine height. Actual setback distances will vary depending on the turbine model . In addition, a scenic setback from State Highway 111 will be provided. This scenic setback is two-thirds of a mile from the State Highway right-of-way limits. Wind turbines will be spaced in rows set approximately 400 feet apart. Turbine side-by-side spacing within rows will vary depending upon model . Standard spacings will be as follows: Riisager/Windmatic: 100 feet Dynergy: 85 feet N.A.P./Carter: 180 feet 5 Bs'oe/OY7' ✓A.e%96GE� ------,�Nc�ria✓ M � GONs'recer�oN J ----�wofna✓ 77 a - TYP/G9L NATULAL Zy .f�/ GeLYI.t/D�i 4 I - I�ffi /2"Gew/AGG/eL I III qb I .• ✓ATi n�tsE ivall I. qI _ II�III nI�111= TYP/GAG SEG7'/O/V S�.e1//GEC 6 Minor adjustments in turbine siting will be made, as necessary, to correspond with topographic and environmental constraints. All adjustments will be subject to approval by BLM staff. D. Access Roads The construction of onsite roads will be dictated by flood hazard and blows and concerns. A permanent paved road system would suffer extensive damage periodically due to seasonal flooding and blowing sand. Since the site is located within a relatively flat area, minimal grading and slope stabilization will be required. Surplus material from road grading is expected to be minimal . Spoil material from turbine excavations will supplement road materials. On-site roads will therefore be constructed of compacted native material which will be watered and recompacted as necessary to maintain stability and control blowing dust. Under certain conditions, the use of base material may be required to provide adequate stabilization. A water truck will be available throughout the project's life to assist in continued road maintenance. E. Site Disturbance Temporary site disturbance will involve the construction of turbine sites and access roads. Construction activity areas will vary by turbine model and its foundation characteristics. Equipment storage areas and construc- tion management trailers will also be required. Roads: 25 acres Turbines: acre Construction/Maintenance Yard: 1 acre Substation: 0.5 acre Total Temporarily Disturbed acres Upon completion of construction activities, permanent disturbance areas will be limited to turbine foundation sites, access roads, and maintenance facilities. Permanently disturbed areas will include the following: Roads: 16.0 acres Turbines: acre Substation_0.2 acres Maintenance Facility: 0.5 acre Total Permanently Disturbed: acres VI. ENVIRONMENTAL CONSIDERATIONS The project site is subject to certain environmental characteristics which will regulate windpark development. Major environmental issues include the following. 7 A. Air Quality Local air quality will be affected by the project's development through vehicle emissions and dust. Construction vehicles will produce the majority of project-related vehicle emissions. It is assumed that the total emissions generated as they relate to potential regional impacts will be insignificant. Additional air quality concerns relate to dust generation due to site disturbances during construction activities. Potential impacts will be mitigated through disturbing a minimal area during construction activities and watering unpaved roads and disturbed areas. B. Flood Hazards The Whitewater River traverses the northern half of Section 28. The entire section has been designated under the HUD Flood Insurance Map Act as being within a 100-year flood plain. Flood control in this section of the County is the responsibility of the Coachella Valley Water District (CVWD) . Currently, the CVWD is constructing a series of diversion dikes for flood control and water conservation purposes in the immediate vicinity of the project site. Three of these dikes will extend within Section 28. The proposed dikes will be approximately ten feet high, fifty feet wide, and spaced at 400-foot intervals . The two southern-most dikes will extend within the proposed windpark development area. Wind turbines will be constructed on these dikes with approval of the Coachella Valley Water District. The Water District has indicated that t�iey have no objections to the construc- tion of turbine sites on the dikes. Completion of the dike system is pro- jected for mid-November 1984. Construction of this dike system will provide extensive protection against flood hazards. All wind turbine foundations, transmission lines and faci- lity structures will be designed to withstand the calculated force of a 100-year flood at the site. No permanent structures for human habitation will be built within the designated floodplain. C. Biological Resources The subject site is located within the habitat area of the Coachella Valley Fringed-Toed Lizard, a species protected by the State of California and the Federal Government. A survey of the site (La Pre, 1981) found evidence of Fringed-Toed Lizards being present on Section 28. No other sensitive flora or fauna or their habitat have been identified on the property. Prime Fringed-Toed Lizard habitats will be identified prior to construction activities and will be avoided during construction and operation activities 1Converation with Mr. Tom Levy, Deputy Chief Engineer, Coachella Valley Water District, September 13, 1984. 8 whenever possible. If it is determined that certain areas of habitat can- not be avoided, arrangements will be made with the California Department of Fish and Game and the Nature Conservancy for offsite mitigation. Standard mitigation involves the payment of fees toward the establishment of a per- manent preserve for the Fringed-Toed Lizard. D. Archaeological Resources Southern California Edison has performed an archaeological survey for the south half of Section 28. The survey, #1789 on file with the University of California, Archaeological Research Unit, indicated that no archaeological resources were found onsite. The north half of Section 28 is located in the Whitewater River floodplain. In the opinion of UCR-ARU staff, archaeological resources are not likely to be found in this area due to periodic flooding. E. Visual Resources All wind turbine generators and permanent facility structures will be painted in environmentally acceptable colors as approved by BLM. VII. OTHER CONCERNS A. Security During construction phases, onsite security will be provided by a 24-hour private patrol service. Permanent security will be provided by the construction of a five-strand barbed wire perimeter fence. Monitoring and maintenance crews will be onsite 24 hours daily and will provide permanent onsite security. Substation facilities will be secured by an eight-foot chain link fence with a 15-foot double gate. B. Waste Cleanup and Removal All waste materials resulting from construction and operation activities will be stored onsite in a manner which does not degrade the natural environment. Any material which may be potentially hazardous (e.g. lubri- cating oils, fuels, solvents) will be safely stored onsite and transported offsite for disposal at an approved facility in a timely manner. All non-hazardous waste materials will be stored onsite is standard refuse containers and transported to a public landfill by site personnel or a com- mercial refuse hauler. C. Personnel Facilities Water for the needs of site personnel will be bottled. Sewage disposal will be provided by chemical toilets provided by a County-permitted _ contractor. 2Conversation with Mr. Daniel McCarthy,9 UCR-ARU, September 13, 1984. 0 D. Preconstruction Activities A variety of onsite activities will be required prior to project construc- tion. These will include boundary, structure and access road surveys, soils testing and geological analysis, and miscellaneous field review. All of the above activities will result in minimal site disturbance. Any significant disturbances (e.g. trenching and coring for geotechnical and soils analysis) will be restored upon completion. E. Construction Personnel and Equipment Construction personnel will include Sandberg Wind employees, manufacturer and engineering firm representatives, and construction contractor employers. A maximum of 100 site and contractor employees will be onsite during peak construction periods. Construction equipment will include those pieces commonly used in heavy construction activities. Equipment will include, but not be limited to tracked dozers, cement trucks, cranes, water trucks, backhoes, heavy duty diesel trucks, light-duty pick-up trucks and employee vehicles. 10 APPENDIX A WIND TURBINE SPECIFICATIONS J� r WINDMATIC 6S KW I I i i I ! 'Holcc Poser Syelcmn, Inc. 258 Lindbergh Avc. Livermore,CA 94550 WECS SPECIFICATIONS General QUOTATION: DATE: March 1, 1984 MODEL: WM 15 - 65 CONFIGURATION: Dual Generator MANUFACTURED AT: Wind-Matic, Denmark OPERATIONAL DATA: - cut-in wind speed 4.0 m/s ( 8.9 mph)* - 65 kW reached at 14.0 m/s (31.3 mph)* - cut-out wind speed 25.0 m/s (55.9 mph)* - designed max. wind speed 50.0 m/s (112 mph) - max tip speed 47.0 m/s (105 mph)* - rotor RPM 41/57.5 * Approximate velocity-may be adjusted according to- site. Based on 10 minute averaging periods. ROTOR: - mode Up-wind - diameter 15.5 m (50.9 feet) - swept area 188.7 sq. In - no. of blades 3 - material Fiberglas reinforced polyester - reinforcement Wound fiberglas polyester on D spar - blade airfoil NACA 63-2100 series - blade twist angle 17.5 degrees - blade pitch fixed - solidity 3% at tip - axis tilt angle 5 degrees TOWER: - description Steel , lattice, 4 legs, self-supporting - options* A B - hub heights 18.8m (61.7' ) 24.8m (81.4 ' ) � FOUNDATION REQUIREMENTS: (Foundation not included) - tower base configuration 4 point, square - options A B - base dimensions 3500 x 3500 mm 5500 x 5500 mm - vertical force 85 kN 100 kN - horizontal force 116 kN 135 kN - moment 1750 kNm 2500 kNm * Tube towers and other heights are also available K,i Page 2 WM 15 - 65 Dual Generator ELECTRICAL SYSTEM: - grid/stand-alone operation grid only - power factor .9 - 1 .0 - generator rated power output Main: 66 kW Small : 13.2 kW type Induction Motor voltage - phase 480 VAC - 3 phase Hz - rpm 60 Hz - 1200 rpm make Herning Electro TRANSMISSION: - gearbox Hansen "power plus" - gear ratio 1 :20.865 - rated capacity/service factor 155 kW/2.34 - system type/oil capacity Helical , 3 stage increase/36 liters - generator coupling flexible BRAKE SYSTEMS: - aerodynamical stalling blade design backup independent centrifugally activated spoilers - mechanical hydraulic disc brake on low speed shaft backup manual brake application, backup hydr. pump stopping time (approx. ) 2-3 seconds YAW SYSTEM: - drive mechanism electric motor with sensor vane - gear ratio 1:9820 - yak rate 54 degrees per minute - turntable stewing ring with external teeth Diameter = 1 m (approx. ) MONITORING/SAFETY SYSTEM:** - voltage high and low - frequency high and low - phase sequence balance and phase loss - generator overload and overspeed - cable twists counted/auto reset at low windspeeds - vibrations excessive - windspeed high and low ** See Options also Page 3 UV WM 15 - 65 Dual Generator CONSTRUCTION: nacelle steel beams and plates; aluminum opening top with gas struts - main shaft support 2 bearings before gearbox - finish/color nacelle hot dip galvanized w/aluminum cover 5 coat Polyurethane epoxy on hub tower hot dip galvanized - design life 20 years WEIGHTS: (in kg - for lbs multiply by 2.2) - tower options A B rotor 1100 1100 nacelle 3800 3800 tower 3500 5000 totals M6 OPTIONS: - performance evaluation and diagnostic system - lightning arrestors - three phase plus neutral - special colors INSTALLATION: (not included average conditions assumed) - recommended manpower . 3 - estimated manhours for tower assembly . 12 - 16 hrs. for nacelle & rotor assembly : 8 - 10 hrs. - max. wind speed for safe installation: 10 m/s (22.4 mph) ESTIMATED MAINTENANCE: - labor and materials $900.O0 per year SHIPPING DATA: - tower options A B N of containers/unit 1* 1 net weight/unit (kg) * or 4 containers for each 5 units Holec reserves the right to make, without notice, improvements that may cause minor changes in the specifications. rim::::::�:::"::trr:r:rw:: ::::::r:::::::::C:::::::rwi:i::ir:t�::::a:irwtr:::::::::::::■w : : i:::::::I::::=:::CrGwiwwwG..,w■it,■t. 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Introduction The WM 15 - 65 kW WECS is Holec 's latest, promising introduction to its wide range of Wind Energy Conversion Systems (WECS). The rotor of this system is 15.5 meters in diameter and operates in an up-wind mode. The WM 15 is suited for a broad range of WECS applications. This machine (along with our WPS 30, WPS 18, WPS 16 and WM 14 WECS) can easily be integrated with other WECS to form a windfarm energy production system, yet it can also be used to supplement the energy needs of a large energy user such as a ski area or a farm. The design and construction of the WM 15 are based on the extensive experience of the WECS manufacturer, Wind-Matic, in Denmark. Each unit is equipped witr, a 3 bladed, fixed pitch, rotor. ' Power control is accomplished by utilizing a stalling blade design in conjunction with a micro-processor control unit. An optional Performance Evaluation and Diagnostic System (PEDS) allows for succes- sful integration of several machines into a windfarm energy production system. B. Construction 1. Rotor The three, fixed pitch, fiberglass, steel reinforced, blades are mounted to a heavy steel hub. The blade airfoil , with its unique stalling characteris- tics and high efficiency, has been developed through technological advance- ments made in recent years by the Holec Group. Centrifugally activated spoilers near the blade ends provide extra protection against rotor over- speed. 2. Brake and Drive System The rotor is mounted on a steel shaft that is supported by two self adjusting, double row, roller bearings just behind the hub. A powerful hydraulic disc brake is located between the two support bearings. This brake is activated only if there is insufficient wind for power production, there is a fault in the system cr when the WECS operator wishes to manually shut the machine down. Its location insures that no unnecessary forces are put on the main shaft, gearbox, flexible coupling, or generator due to improper brake location. Behind the support bearings the low speed input shaft connects to the gearbox. The gearbox is three-staged with helical gears. Behind the gearbox, the high speed shaft is connected to the main generator by a flexible coupling which is designed to dampen high frequency vibrations. Finally a belt drive at the back of the large generator connects the small generator to the high speed shaft. For more information see the text on Wind-Matic Brake System and Gearbox. page 2 WM 15 - 65 general description 1. 3. Generator Configuration The ' WM 15 is available with two, single speed induction generators. The system consists of a large main generator and a small secondary generator. The small generator operates at lower wind speeds; the large generator operates at higher wind speeds. A more detailed description of how this systems works is included later in the section on Normal Operation. 4. Nacelle Layout The shaft support bearings, disc brake, and gearbox are mounted on the nacelle mainframe which is constructed of steel beams and plates. Behind n the gearbox the two generators are mounted, side by side, on the mainframe. Access to the nacelle is gained by lifting the aluminum cover (which is supported by gas filled struts) while standing on the work platform at the top of the tower. Components are placed in a way to facilitate servicea- '' bility. The nacelle mainframe is fixed to the yaw turntable. 5. Yaw System The yaw turntable is an oversized (approx. 1 m diameter) stewing ring with external teeth. The turntable provides a high level of stability to the nacelle with a minimum of stress on the turntable and tower. Yaw move- ment is initiated by a direction sensor mounted on the nacelle and is powered by a small electric motor. Direction information is averaged and updated once every 15 seconds in order to prevent needless oscillation of the nacelle. When the nacelle does yaw, it moves slowly in order to mini- mize destructive gyroscopic forces put on the rotor and the tower. For additional information please see our text on Yaw Systems. 6. Tower The WM 15 is available with a tubular tower or a lattice tower. The tubular tower is constructed from welded steel and is flanged to the foundation bolts. Hub heights (which are slightly greater than tower heights) offered for this tower are 18.5, 22.5 and 24.5 meters. The base of the tower contains a lockable steel entrance door. The interior of the tower is provided with lights and a steel ladder which leads from the base of the tower to a hatchway near the top of the tower. The hatchway allows the person access to the service platform that surrounds the nacelle. The lattice tower is built of hot-dip galvanized steel members. The tower has four legs and is self-supporting. Hub heights available for this unit are 18.8, 24.8 and 30.8 meters. The tower has a steel access ladder and a working platform at the nacelle. 7. Finish The lattice tower and the nacelle frame are hot-dip galvanized; the tubular tower is galvanized steel . The hub is coated with a durable epoxy resin. The finish is designed to be durable in the most aggressive environments. page 3 WM 15 - 65 general Scription t C. Control and Safety Systems 1. Normal Operation Under normal operating conditions a micro-processor controls the unit and monitors a variety of variables critical to safe, efficient operation of the WECS. If any of the monitored variables are out of the predetermined accep- table range for this unit, the WECS will shut down. The cause of any system shutdown due to a fault will be indicated at the micro-processor control panel . This unit utilizes the micro-processor to implement the optimum operating strategy. When the wind is too low for efficient energy production, the disc brake is activated. Once the average wind speed exceeds a certain wind speed (approximately 3.5 m/s) for a preset length of time, the disc brake is released and the small generator is briefly used as a motor to start the rotor turning. Once the rotor reaches operating rpm, the small generator starts producing energy. During this mode the main generator is not energized and is allowed to freewheel . Once the energy output of the small generator reaches its maximum operating level (approx. 13.2 kW.) the main generator is energized and produces energy until its output reaches rated capacity (approx. 66 kW) or until the average output falls below a certain level (approx 13.2 kW) whereupon the small generator would be re-energized and the main generator would freewheel . When the main generator is producing energy, the small generator freewheels. Surges, due to transitions between the generators, are smoothed out by thyristors. During this time the micro-processor is continually monitoring the WECS in order tc maximize its energy production and/or discover any problems :n the WECS operation. In addition, microprocessor parameters are adjustable and can be set to optimize WECS performance at a certain site. A list of potential system faults that would cause the WECS to shut down are in the following section. For more information see the next titled Wind-Matic Power Regulation. 2. System Faults Any of the following occurrences will cause the WECS to shut down: - rotor/generator over speed - generator overheating - excessive power production - high or low voltage - high or low frequency - phase imbalance or loss - excessive vibrations - excessive number of twists in power cable - excessive wind speed 3. Emergency Stopping The hydraulic disc brake is pressurized by a mechanical pump .that works directly from the main shaft. An interruption in the current to the control page 4 WM 15 - 65 general description valve will cause the valve to close, the system to pressurize, and the rotor to stop. Such an interruption can be caused by a signal from the micro- processor or by the operator pushing the manual stop button. In the rare event that the brake does not operate and the rotor starts to over-speed, centrifugally activated air spoilers on each blade will deploy. These spoilers will keep the rotor rpm at an acceptable safe level until the maintenance personnel can activate the manual hydraulic backup pump for the brake. The combination of the hydraulic disc brake and spoilers allows for fail safe operation of the WECS. For more information see the text on Wind- Matic Brake System.. 4. Performance Evaluation and Diagnostic System The Performance Evaluation and Diagnostic System (PEDS) is an option which would prove to be an invaluable tool to the multi-unit windfarmer or to those who require high quality performance records for their WECS. Such a system would monitor a variety of variables on each WECS in addition to monitoring overall windfarm status and ambient meteorological conditions. The system could be custom designed by Stone and Webster Engineering Corpo- ration whose extensive experience in power plant design and construction make it uniquely qualified to provide the PEDS. For more information on the PEDS please see the text titled A Performance Evaluation and Diagnostic System (PEDS) for a Windfarm. D. Miscellaneous 1. Power and Annual Output Curves The Power Curve for the WECS operating at Sea Level on a Standard Day is included in the Specifications. The Power output may vary somewhat due to changes in temperature and barometric pressure. Our power curves are based on 10 minute data intervals, thus, normal yaw and gust losses are taken into account by these curves. Holec can adjust operating parameters of the Power Control System in order to maximize output at a given site. The Annual Energy Output Curve for the WECS is also included in the Speci- fications. Ambient meteorological conditions are assumed to be the same as those existing for the Power Curve. We are also assuming that the wind is distributed in a manner that can be described by the Rayleigh Density Func- tion and that the WECS operates at 100% availability. In addition, Holec can perform annual energy estimates (for all of our units) using the Weibull Density Function or by using actual wind data collected at a specific site. In our efforts to maintain a product of the highest quality, Holec reserves the right to make, without notice, improvements that may cause minor changes in this description. DYNERGY WINDSHARK 92 KW r r l I I 80 KW AMERICAN WINDSHARKTM SPECIFICATIONS ROTOR Type Down Wind Ground Clearance 28 Feet Number of Blades 2 Composite Fiberglass Diameter 54feet Solidity 4% Speed 95 RPM Tip Speed 269ft./sec. Airfoil Section NACA23112 Taper and Twist None Swept Area 2290 square feet Cut-In Wind Speed 11 mph Rated Wind Speed 33 mph Survival Wind Speed 100 mph Weight 850lbs. GENERATOR Type Three-Phase Induction Speed 1800 RPM Rating 80 KW Fu I Loading Efficiency 93% Weght-GeneratorandGearBox 3450lbs. GEAR BOX Type Helical,double reduction Max.Output Speed 1836 Input Speed 95 RPM Step-Up Ratio 1:19 TOWER Type Free Standing,12-Sided Steel Height 53feet Diameter 25 inches at the base Diameter 14inches at the top Weight 2800lbs. _AEDYNERGY SYSTEMS /TION ��iv e •S. l+ ..Y• •A yK= !y"!-.• :r..r wa k• �•p ,HVt: ! . :�.�r .,. .�s7�i/r' S Sa rw..-/ may` '. v' 9 a'•' ! 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T�-•`�. � +:a - ♦ �.- . o.•.�: S• 'Cy' ": 'p.fi a . t\Y:a`�`+�..r, t '•.•�, :- a +.ax!?., sr" a:;�'i��•a��,•i`�.,w' r"' w=N,a y ,'t'�•","-��,��.,`,;s:�.:v ' e •1�fa.•: '':S'.:`�' ��,. a•..rS'.�r•,:?. .yu!Y�r -. 1 � 4'. •moo .. . �''.y+ �` ,• .�•.,t-' •�1� ��,,;C• yr �1 ., � r 4iti'r.. � �r �•k�. .4 Cam,• V'1•� :/+��••. e Y .at f� - ^' r�.'�� _ l• ,ly t, � f r , lrarr":�hr F`t •.7,lY.t'`4 G'.iti :w •rti j1.'_S P '. a irk wt Ar '�i�>.•1Y_ti� • +y. �� _ :.:YaQ�1h•4*J• a.Y•.t • l •. - ' + -:• -,fit°; a•y '7Y S+.+S-'t� .+:.' J4•��, ''��T �r ,��•. ,'� (' ��. • ..\.�,• .ems. . :. . .1 _ •� 1� - "a• •..a�:�.t,��,�.� .1\L•,• s. \��.a''• .'..' ..• .,. +.,n` 1t`+fie� �� ��i 7.. ■_ F: 1 IRIISAGER 90 KW I I. R Y ' 1 r• Denmarks oldest wind-power Company Offer S+ most sizes Continual developing •e. }.sr;�yw�;r., There is only one original For you and for e Wind-farms 9 Industries e Nurseries Represented in the U.S.A. by; SOLAR USAGE NOW, INC. Bascom Industrial Park P.O. Box 701 Bascom, Ohio 44809 419-937-2226 800-537-0985 3 � r :• + 1 1 1 kW 1777 REET • Solar Ltsage Now • BASCOM,xOHIOTUE09 I N C. PHONE(419)937.2226 WINDFARMS: A proven 90kw machine, at less than $1000/kw and units available for delivery in 1984. Really! The Riisager machines are the original Danish generator now made by a group of of world craftsmen on the Faroe Islands (Danma4k) . Let us commit several units for delivery this summer or fall. We're ready when you are. If we can negotiate, talk or send you any additional information about the Riisager machine, just drop your business card in the enclosed posted envelope or call anytime 1-B00-537-0985. Thank you, Joseph F*. Deahl SOLAR USAGE NOW, INC. JWD:dsw Enclosures NATIONWIDE SALES OF SOLAR AND ALTERNATIVE ENERGY EQUIPMENT RIISAGER 90 . 90kW WIND GENERATOR I SPECIFICATION METRIC MEASUREMENTS U.S & MEASUREMENTS ACELL Length 5 meters 16.41 feet Width 2 meters 6.56 feet Height 1 .3 meters 4. 27 feet Weight 7000 kg 15 ,432.2 pounds LADES Number 3 3 Diameter 15. 5 meters } 5i0.86 feet Rph 55 55 Weight 1200 meters 2645 .52 pounds Swept area 188 .69 meters 619 .09 feet EAR POWER 12 m/aec 26.84 mph TART SPEED 4-5 m/sec 9-11 . 19 mph NNUAL PRODUCTION Ave . 5 . 518 m/sec-180,000 kwh :Ave. 12.3-17 .9 mph-180,000 kw Ave . 4 .2-4 .5 m/sec-80,000 kwh Ave. 3 .62-10.06 mph 80,000 kw r:AR Type Riisager Riisager Ratio 1 : 18 , 18 1: 18, 18 •:NERATORS :2) 65kw 480V 60C WEM generators with flex coupling. AIR AXLE Steel S.K.F . 280 S.R.F . 280 Diameter 150 mm 5.91 inches JWERS : Normally mounted on 72 ' octagonal steel tower with internal flanges d lockable door . 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Nr.IN —NrlcnAn)i•lAA r W ITI AITI A•-'.DWN^J A W ID 1+ID P. (,)NID WA^J IStim^.1 tD rD UI'•J'• ID rTMI mf••0^.1UNA2L i'.D rg ITrr;t 19 Jl 4(A4.1 ID rr1 rir 111•D M Wn W r..l ro - ^J IT,CO 0ID - A N Uf N 0 -'J's 'd'CCr A ID A NJ N. NORTH AMERICAN POWER 37S KW The Series 100 Model 375 Wind Turbine Generator (WTG) is the culmination of over three years of research , evaluation, and design efforts. During these years the Department of Energy, NASA, several universities , consul- tants , and many vendors supplied a wealth of information regarding the many designs being conceptualized , under test or in operation . This information was reviewed to determine which basic designs proved most efficient , under what conditions did various components fail , what types and magnitudes of forces did the wind produce , what effects gusts had, what materials proved most appropriate, and a host of other answers. What emerged from this process was a list of proven design features and the areas where improvement could be obtained. It was apparent that this machine should not incorporate ideas from the cutting edge of technology , but rather utilize the tested concepts, with refinements, to develop a long lived, trouble free workhorse . Using this list and the workhorse principle as guides, the Series 100 Model 375 WTG emerged from the design phase. It is a freestanding, two-bladed, horizontal axis wind turbine . The rotor is 100 feet in diameter and is attached via a rigid hub to the nacelle . The nacelle supports the rotor/hub assembly (patent applied for) and contains the gearbox, generators, blade pitch control system, brake , and various sensors and safety mechanisms. The tower is available in heights of 80 to 125 feet and is constructed of plate steel to form a hollow, cylindrical shell 10 feet in diameter at the base . The tower is mounted on a foundation containing from 85 to 150 cubic yards of concrete. The control computer is housed in the base of the tower and is accessed through the tower door. The rotor blades are manufactured from selected aircraft quality sitka spruce using techniques from the helicopter industry. The blade stocks are built up in layers (laminated) , glued together, cured, and carved to shape . This results in a very strong yet lightweight blade. Overall , the Series 100 Model 375 wind turbine has a safety factor of 5, a design life of 50 years , and uses proven off-the-shelf components. r iN hV � �Ni4,wfl �'. quid RaKYaQ �i 7JCR WRTHAMCRIC[W R n- 0 NAPC SERIES 100 MODEL 375 WIND TURBINE SPECIFICATIONS Rotor Number of blades . . . . . . . . . . . . . . . . . . . . 2 Diameter, ft . . . . . . . . . . . . . . . . . . . . . . 100 Speed, rpm . . . . . . . . . . . . . . . . . . . . . . . 55 Rotation . . . . . . . . . . . . . . . . . . . . . Clockwise Location . . . . . . . . . . . . . . . . . . . . . Downwind Hub Type . . . . . . . . . . . . Rigid Power Regulation . . . . . . . . . . . . . . Variable Pitch Cone Angle , deg. . . . . . . . . . . . . . . . . . . . 8 Tilt Angle, deg. . . . . . . . . . . . . . . . . . . . 0 Blade Length, ft . . . . . . . . . . . . . . . . . . . . . . . 40 Material . . . . . . . . . . . . . . . . . Wood Laminate Weight , lb/blade . . . . . . . . . . . . . . . . . . 375 Airfoil . . . . . . . . . . . . . . . . . .Modified Clark Y Twist , deg. . . . . . . . . . . . . . . . . . . . . . 9.5 Solidity, percent . . . . . . . . . . . . . . . . . . 2 .2 Tip Chord, in . . . . . . . . . . . . . . . . . . . . . 12 Root Chord , in . . . . . . . . . . . . . . . . . . . . . 25 Tower Type . . . . . . . . . . . . . . . . . Free Standing Shell Material . . . . . . . . . . . . . . . . . A-36 Plate Steel Height , ft . . . . . . . . . . . . . . . . . . . . . 80-125 Ground Clearance , ft . . . . . . . . . . . . . . . . 35-80 Diameter , ft . . . . . . . . . . . . . . . . . . . . . . 10 ., . Control System 0 • Supervisory . . . . . . . . . . . . . . . . . Microprocessor Back Up . . . . . . . . . . . . . . . . . . . . Analog Relay Pitch Actuator . . . . . . . . . . . . . . . . . Hydraulic Transmission Type . . . . . . . . . . . . . . . . Parallel Shaft Helical Ratio . . . . . . . . . . . . . . . . . . . . . . . 6 . 33 : 1 Rating , HP . . . . . . . . . . . . . . . . . . . . . . 1400 Service Factor . . . . . . . . . . . . . . . . . . . . 2 .56 Generators Type . . . . . . . . . . . . . . . . . . Dual AC Induction Total Rating, Kw (HP) , , . , , , , , , . . , 375 (500) Power Factor . . . . . . . . . . . . . . . . . . . . 0.9 Voltage . . . . . . . . . . . . . . . . . . . 4 , 160 or 480 Phase . . . . . . . . . . . . . . . . . . . . . . . . . 3 Speed , rpm . . . . . . . . . . . . . . . . . . . . . . 1800 Frequency, Hz . . . . . . . . . . . . . . . . . . . . 60 Service Factor , . , , , , _ , , , , , , , , , , , , 1 . 15 Performance Rated Power, Kw . . . . . . . . . . . . . . . . . . . 375 Wind Speed at hub, mph : Cut-in . . . . . . . . . . . . . . . . . . . . . . 9 Rated . . . . . . . . . . . . . . . . . . . . . . . 34 Cut-out . . . . . . . . . . . . . . . . . . . . . . 60 Maximum . . . . . . . . . . . 125 General Orientation . . . . . . . . . . . . . . . . . . . Free Yaw Design Life , years . . . . . . . . . . . . . . . . . 30 Foundation . . . . . . . . . . . . Reinforced Concrete C O&TE C CONT.0 INDUSTRIES INC December 28, 19B3 North American Power Corporation 240 West Shaw Avenue, Suite D Clovis, California 93612 ATTENTION: Mr. Robert N. Wagner SUBJECT: NAPC Series 100-375 WTG Gentlemen: I have reviewed the design of the subject wind turbine generator and have reached the conclusion that it is feasible and sound. The bearings and mechanical drive components are appropriately sized for the conditions and expected life cycle as are the speed increaser unit and generator. The aerodynamics and associated controls have been well designed using proven technology. There are adequate safety devices and a fail-safe provision in the explosive bolts for the pitch mechanism. The on-board microprocessor and analog relay gill provide necessary response to conditions and feedback for maintenance evaluation and control . Structurally the design meets or exceeds appropriate criteria for wind turbine equipment. Materials and sizes of structural members are sufficient to withstand the stresses that can be expected in service. In my opinion, the NAPC Series I00-375 WTG is a well conceived, appropriately designed machine which will function as intended for the expected life of the unit. 5' er Y. Q John W. Davis, P.E. JWD/bf 7770 E. Olive Ave Fresno, CA 93727 I209) 251-9346 j 400 1 350 I 300 250 O U T K P w U 200 T 150 100 50 T 2 3 4b 60 WINDSPEED, UPIl Power curve for the Series 100 WTG. This curve is a straight line fit to the calculated points and is based on standard sea level conditions at 30 feet . CARTER 250 KW Rotor POWER OUTPUT VS WIND SPEED Transmission Number of blades .............. 2 aoo Y• Axis of rotation ................ —horizontal— Type (double —planetary— Diameter reduction) ........ planets rY— Diameter ..................... xLo 67.51est x ro- Ratio ......................... 24_9.1 Rotor centerline height .......... 160 fast t �i Inpulspeed ................... 730 rpm SPW(at rated power) .......... 73 0 rpm '_' [.a Outpul speed .................. 1620 rpm Speed(max-mum) 125rpm Z Efficiency (at rated output) 06% Rotation tlusebon A. -counterclockwise— Manufacturer .................. —Fairfield Mfg Co— A. Orientation .................... —downwind— Till o ieo Tin Angle .......... SEA LEVEL Generator 2 d reds 20 minutes W / STANDARD DAY l,a Type ......................... —Induction AC— Power regulation ............... —serodynamlc stall— o .'NO W.5.1. r D/7POWER LAW Q. A, ao' -> ASSUMED) Rating ........................ 250 kw @ 1619 rpm Cone angle .................... A degrees Ox o I( Max.output Power i sixead ...... 21)0 kW @ 1621 rpm Solidity ....................... .DSs o /! w,-a W.S.,[o Power lector Iw/o to .....r. AT too' pactlor) 65@250 kW Swept area .................... 3576 square feel i ro Tip speed ..................... 256 festiaecond W // I Voltage ....................... 17)to atLs colts x !N wmorpsln[o Phese — W Go- A,10. ........................ three phase— slip .......................... 1.0146% Tip speed ratio range ........... 1 2.19.0 ao Efficiency(at rated power) ....... 95 A5. Torque at rated output Max.power coefficient(C.) .....• e6 @ 27 mph 911V Frequency .rate......) ....... 60 Hz output19.355lf-1hs, Manufacluer ................... —US Electrical Moto .- io :A sc .A so ea Nub wiry SPEED (UP") OrNnlellon TO Type ......................... —tealering under slung— Type(free) .................... Passive/motor driven w/tlsmpe M[terul ...................... —sleel— Bzde connsction .............. —bolted(fiberglass wrap)— Braking system Diameter ..................... 4.0 fell ,,a .1 Type ......................... —sell-adjusting.spring-load, Wuphl ....................... 325 tbs. Carter WILY Systems disktxaks— Y Reset ........................ —manual pushbutton/ eta0i MODEL 250 Specifications auto.onppwerrelurn— Length(root to lip) ............. 31.6 feel MODEL .............. —auto.on overspeed. Ground clearance .............. 127 5 fiat ovenlreas.power outage Material ...................... —fiberglass composite— or Component failure— Weight ....................... 620lbs each Torque ....................... 1200 lf./Ibs.on Airfoil Seaton(variable) ......... LS(1)0413-0421 generator shelf Pitch ......................... —fixed— ESTIMATED ANNUAL ENERGY PRODUCTION V3 Parking brake ................. —disk— Te,st ....:.................... —non-hMar— ANNUAL AVG.WIND SPEED Parking brake activation/release... —manual/manual— Chord. Root ioao Nacelle Tip ......................... 1.7511 n Loo Material ...................... —fiberglass composite— Taper ........................ — Q nonlinear— x NOT[w[INO61 we TAIRITION ile[o Dimensions(LA WAN) ........... 10 7 a 3.5 x a 2 • TO DIIINNIN!I V.LUKI Snc Manuladunr .................. —Caner Wmtl Systems— ; eoo SITILS [Rue,•r srtcrx: Manufacturer .................. —Caner Wind Sys a LOCAL WIN vN, a,N AouL wmP .nil[ Tower z ,Po Weight T d / Rotor(blades and hub) .......... 1960lbs YOs ......................... —tapered 12-stded— u Height........................ aoo Nacelle total ................... 39201bf 160 ft. o / Diameter. a Lou / Tower(incl.pin pole) ........... 17,229 tos. At the base 20 0 inches n Total system weight ............ 25.967 lbs. At midpoint .................. 320 inches u .CC Nlaw Performance Al hub ................... 2075 Inches `W vAliuNc[ •.. x soc Rated Power(hub height wind) ... 250 kw @ 41 5 mph Materiel(galvanized) ............ atrial(65 Set min W LO. SEA LEVEL v+lessee Maximum power ............... 280 kw Guys .ght .................... 1 i xoo STD DAY Cut in wind speed .............. 9 0 mph Guy neignl .................... 125.25 R. z / Cut-out Wind speed ...........•. —none- 1st cendinp frequency ••..... .p7 Hi i 10 o Shut-down wind speed .......... —none— Access ....................... —till down— Survival deind speedign wind r a speed ..... 125 mph Foundavon ....................—concrete w/nDar ranlorumenl— Nva Nr, �x a 1. u x n x. Vachon IsChmqus —gin pole(till down)— ao'w, a Maximum design wmtl speed ..... 125 mph 10 .[ 1. u u System efficiency@ rated output .. 235% Manufacturer .................. —American Pole Structures— ANNUAL AVG WIND SPEED @127 kW ...... 430% Iq�l I 4w n APPEPIDIX 'B 11EROJECT„SGMULE f, 1 I I Lill1 y � � I ! 1 tip: 1 � ! I f n I ;I I f _ _ APPENDIX C WIND TURBINE FOUNDATION DESIGNS - ,gym-u'✓max . �s'�...., 4 i' i�kY—'i'"' ,- "' ,.�mr-v _...... r , � � - 1 - � t irw/ U Imu1 I 1 A h 11 q i q h, CIVIL&ENVIRONMENTAL ENGINEERING ENGINEERING ASSOCIATES LAND PLANNING AND SURVEYING M#rch 5, 1985 Leslie Cone, Acre Manager Indio Resource Area Bureau of Land Management 1695 Spruce Street Riverside, CA 92507 Re: Mesquite Windpark Amendment Dear Leslie: Cn' behalf of my client, Sandberg Wind Corporation, I wish to submit the following amendments to the Mesquite Windpark (Section 28) operating plan. Amendment A: Sandberg Wind Corp, requests perm lission to add a new technology to the site. The new technology will be ithe MAETECHNIC 150 kw wind turbine'. Specifications, elevations and signed foundation designs are included in the attachment to the request. The,MAETECHNIC WTG is similar in size and design to the WINDMATIC and RIISAGER WTG's constructed in Rows "C" and "D". The MAETECHNIC WTG's will be located in Rows "A" and "B". Since the original plot plan was submitted, the Couchella Vally Water District haslrevised' and completed their diversion dike system. The dikes do , ,not interfere with the development of Rows "A" and "B". A total of 25 MAETECHNIC turbines are proposed for Rows "A" and "Bi'. Eight additional I , MAETECHN-IC- site are proposed for the northern 900 feet of Row "M". I The MAETECHNIC turbines require additional space between turbines for maxi- mum efficiency. Therefore, a side''-io-side spacing of approximately 120 feet and a downwind spacing of approximately 575 feet is requested for these turbines. BLM User- Agreements wilj be submitted. Amendment B: Sandberg Wind Corp. requests a variance from property line setbacks on the northern and western boundaries. Riverside County WECS Permit #51 is pro- posed for Section 21, imediately north, and Section 29, immediately west of the Mesquite Windpark. WECS development in Section 29 is limited to the dikes. In both sections, the wind developer requested a variance from the property line setbacks. The WECS permit and all variances were approved by 225 E. Airport Dr. • P.O. Box 6087, San Bernardino, Ulfornia 92,112 • Phone (714) 884-8804 or (714) 825.9562 550 West Vista Way * Melrose Center * P.O Boa 2108, Vista, California 92083 • Phone (619) 758-3680 the Board of Supervisors on January 29, 1985. The variances are subject to a mutual signed agreement between the adjacent property owners. Since the adjacent windpark setbacks have been waived, we request that the north and west setbacks on Section 28 be similarly waived and on additional turbine site be granted at the northern end of all rows except Rows "N" through "Q"i Row "A" would therefore extend ',from the northern to western property lines. Amendment C Sandberg Wind Corp. requests permission to reallocate previously approved Turbine technologies. Using the five approved small/medium WTG technologies and'the new MAETECHNIC technology, ' the following reallocations are requested changes are illustrated on the revised plot plan. i Rows A and B: Change from RIISAGER to MAETECHNIC Row C: iRetain as WINDMATIC Row D: Retain as RIISAGER Rows E and F: Retain as DYNERGY Rows f,H,J,K: , Change from DYNERGY to WINDMATIC Row M: ,Change from DYNERGY to WINDTECH, North 900 Meet to MAETECHNIC Rows N and 0: Change to alliWINDTECH Row P: , Retain as WINDTECH Row Q: Retain as WINDTECH i In all cases, each row will be developed as a single techniology accept for Row "M". If WINDMATIC turbines are ,not available for, Rows "G", "H", Hill, and "K", a similar Danish manufactured three bladed WTG will be installed. Any change in technology will be subject to approval by BLM through an additional amendment to the operating plan. Amendment D Sand Iberg Wind! 'Corp. requests permission to develop additional large wind turb1ine, g;enerator sites throughment; the north half of the section. Proposed WTG' ,will be Carter 250 kw WTG's identical to those previously constructed in Row "L". The Carter 250 turbines'iwill be located in, alternating rows (Rows "B";"D",i'FH,"I","L", and "N"Y at an interval of approximately 170 'feet''side=to=fide. Prior to con`stru�tion of any additional Carter 250, � clearance!'will be obtained by BLM. t All other" conditions will remain identical to current operations and ( procedures. In the event of any other; changes which have not been specified 'above, a new written amendment request will be submitted for BLM approval . :, Plea�e review the proposed amendments and contact me 'iif you have questions for require additional information. Thank you for your ,consideration of this matter. Very' Truly Yours GaryiL. Koontz, � GK/jJ • MAETECHNIC WIND TURBINE GENERATOR SPECIFICATIONS MODEL: MAETECHNIC NUMBER OF TURBINES: 33 MANUFACTURER: MAETECHNIC, INC 119 S. ATLANTIC BLVD. , SUITE 208 MONTEREY PARK, CA 91754 KW RATING: 150 kw ROTATION: Horizontal , TOWER HEIGHT: 85 Feet ROTOR DIAMETER: 61 Feet NUMBER OF BLADES: 3 RATED WIND SPEED: 28 mph BRAKE SYSTEMS : Disk, Adjustments yaw TOWER MATERIAL: Tubular Seel ROTOR MATERIAL: Aluminum CUT»IN SPEED: 12 mph CUT-OUT SPEED: None GEAR RATIO: 1:18 TRANSMISSION LINES: Underground to transformers. Overhead from trans- formers on line run between turbine rows . CONTROL FACILITIES: Master control centers between turbine rows. Each MCC will serve 5 to 8 turbines. TRANSFORMERS: Step-up transformers installed adjacent to MCC's. Each transformer will serve 5-8 turbines. i , II � I MAETECHNIC WIND TURBINE GENERATOR SPECIFICATIONS MODEL: MAETECHNIC ' NUMBER OF TURBINES: 33 i MANUFACTURER: MAETECHNIC„ INC 119 S. AT ANTIC BLVD., SUITE 208 MONTEREY ARK, CA 91754 KW DATING: 150 kw ROTATION: Horizonta9 i ' TOW R HEIGHT: 85 Feet ROTbR DIAMETER: 61 Feet NUM6ER OF BLADES: 3 RATED WIND SPEED: 28 mph 'BRAKE SYSTEMSt Disk Ad•ustm nt J e s yaw TOWER MATERIAL: Tubular Steel ROThR MATERIAL: Aluminum CUT�.IN SPEED: 12 mph CUT,JOUT SPEED: None GEAR RATIO: 1:18 TRANSMISSION LINES: Underground to transformers. Overhead from trans- formers online run between turbine rows. CONTROL FACILITIES: Master control centers between turbine rows. Each MCC will serve 5 to 8 turbines. TRANSFORMERS: Step-up transformers installed adjacent to MCC's. Each transformer ch ra sformer will serve $-8 turbines. �f A 119 sa.AtWtic nlva.,Sd:.2W !' Wl:Pky Pavt,C1917" ►hale:5�0r 2SA-LA7i teeAc ibz'tal,LAL rlu RW( k ' ROTOR upwind, A Bladed, 60 RPM, 150 " t12$D TII$BIIFE 61' Dist. 14 Fah 65 ELK (Eo Scalp) I T IIi f I I ( i 66' I Automkttc oltoh, .1"e and hre.ke 0antrUlm with .n nk-up and mamyai w,-r- rides varklnr biro°.rh c menaore and mioropronmmor. A - �i U, nited Sates Department ark' the Interior 1.URFAU OF LAND MANAG[AFKT r:u11.o Resource AraA &HDTV 1695 Sr.T"uc'e Street Fr FE i TO: Riverside, California 92507 2800 CA-]5550 y p99 !=1,{ft f y'ti".L.� Q P�li<:hae1 DavisP`> j��f ''v Sa dberg Wind Corporation 31220 La Jaya Drive, Suite 110 Westlake, CA 91362 Dear Mr. Davis: I have .reviewed the amendments you submitted on March 5, 1985 for tlxe whitewater ;+loodplain Windpark Section 28. The first request, Amendment A, for the Maetechnic 150 RW wind turbine is aFF>r( vr-s9, Hcvever, before these tiaehines will be allaaed on .rows A and P, the approval of the Coachella VAKey Water District must he suhxaitted ro this office. The second request-., amenaTent B, for a variance on the northern and western boundry setbacks will be approved only with a mutually .-signed agreement between the adjacent property can rs. The third request, amendnsent C, for the, reallocation of previously approved turbine technologies, illustrated on the revised plot plan, dated Septersber 1984 is also approved. The fourth request, avenr cant D, far Carter 250 RW wind turbines, located in alternating rags, gill not be approved. Tf you have any questions or ca cents about these cutendments, please contact me. Sinc ai ely, Leslie M. Cone Area Manager. CIVIL 8 ENVIRONMENTAL ENGINEERING ENGINEERING ASSOCIATES LAND PLANNING AND SURVEYING May 30, 1985 Leslie Cones, Area Manager Bureau of Land Management 1695 Spruce Street Riverside, CA 92507 Re: Mesquite Windpark Dear Leslie: In response to your recent discussions with Michael Davis of Sandberg Wind Corporation, I wish to submit the following changes and clarifi- cations to the most recent Mesquite Windpark (Section 28) Operating Plan Amendment. 1. All turbine rows have been renumbered to identify all large turbine rows. 2. An alternate site is identified for the northern substation. This site is located between new Rows J and K. 3. Additional large turbine sites are proposed for the northern ends of new Rows B, D, and F. Four additional large turbine sites are proposed at the easterly extension of new Row L. 4. The western construction yard between Rows D and E will be relocated within the right-of-way permit boundary. 5. The proposed permanent maintenance facility has been deleted. I hope these changes meet with your approval . If you have any questions or require additional information, please contact Michael Davis or me. Verytruly yours, C M ENGINEERING ASSOCIATES Gary L. Koontz GLK:bb 225 E. Airport Dr. • P.O. Box 6087, San Bernardino, California 92412 • Phone (714) 884-8804 or (714) 825-9562 550 West Vista Way • Melrose Center • P.O. Box 2108, Vista, California 92083 • Phone (619) 758-3680 CIVIL & ENVIRONMENTAL ENGINEERING ENGINEERING ASSOCIATES CIC LAND PLANNING AND SURVEYING June 17, 1985 Leslie Cone, Area Manager Indio Resource Area Bureau of Land Management 1695 Spruce Street Riverside, CA 92507 Re: Mesquite Windpark Dear Leslie: Per our discussions of the past few weeks, my client, Sandberg Wind Corp. requests an additional amendment to the Mesquite Windpark (Section 28) Operating Plan. Per the enclosed map, Sandberg wishes to revise the location and number of turbines in Rows A and B. This change has been necessitated due to the recent conflicts with Coachella Valley Water District diversion dikes at the northwest corner of Section 28. As per past agreements, the total number of Maetechnic wind turbines in rows A and B will not exceed 26. Turbines outside of the perimeter setbacks will not be constructed until a written variance from the adjacent pro- perty owner is submitted to Bureau of Land Management for approval . Thank you for your expeditious handling of this matter. If you have any questions, please contact me at 825-9562. ' Very truly yours, C M ENGINEERING ASSOCIATES Gary L. Koontz GLK:ln \ I 225 E. Airport Dr. • P.O. Box 8067, San Bernardino, CalHomia 92412 • Phone (714) E84-0804 or (714) 4254M 550 West Vista Way • Melrose Center • P.O. Sox 2108. Vista, California 92083 • Phone (619) 758-3680 1 WILLIAM J. ADAMS, CITY ATTORNEY CITY OF PALM SPRINGS; and 2 BURKE, WILLIAMS & SORENSEN J. ROBERT FLANDRICK 3 KATHERINE E. STONE BENJAMIN S. KAUFMAN 4 624 South Grand Avenue llth Floor 5 Los Angeles, CA 90017 ( 213 ) 623-1900 6 Attorneys for Plaintiffs 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 THE CITY OF PALM SPRINGS, a Municipal ) No. CV 85-2114-WMB(Tx) Corporation of the State of California; ) 12 FRANK M. BOGERT, RICHARD SMITH, WILLIAM) FOSTER, ELI BIKER, LLOYD MARYANOV, ) STIPULATION AND ORDER 13 Members of the City Council of the ) RE DISMISSAL WITH PRE- City of Palm Springs, ) JUDICE OF DEFENDANT 14 ) SANDBERG WIND CORPO- Plaintiffs, ) RATION, AND FEDERAL 15 ) DEFENDANTS ONLY AS TO V. ) SECTION 28 , T. 3S, 16 ) R. 4E, SBBM DONALD PAUL HODEL, Secretary of the ) 17 Interior; THE UNITED STATES DEPARTMENT ) OF THE INTERIOR; ROBERT F. BURFORD, ) 18 Director of the United States Bureau ) of Land Management; ED HASTY, ) 19 California State Director , United ) States Bureau of Land Management; ) 20 THE BUREAU OF LAND MANAGEMENT; ) TRANS WORLD WIND CORPORATION, a ) 21 California corporation; CAP CO. ) FINANCIAL SERVICES, INC. , a California ) 22 Corporation; RENEWABLE ENERGY VENTURES, ) INC. , a California corporation; SAN ) 23 GORGONIO FARMS, INC. , a California ) corporation; SANDBERG WIND CORP. , a ) 24 California corporation; CALIFORNIA ) WIND ENERGY SYSTEMS , INC. , a ) 25 California corporation; and MESA ) WIND CORP. , a Colorado corporation, ) 26 ) Defendants . ) 27 ) 28 /// 1 Plaintiffs City of Palm Springs, Frank M. Bogert , 2 Richard Smith, William Foster , Eli Birer and Lloyd Maryanov are a 3 municipal corporation, the mayor and members of the city council, 4 respectively. Plaintiffs filed the above-captioned action on 5 March 28, 1985, against defendants DONALD PAUL HODEL, Secretary 6 of the Interior; THE UNITED STATES DEPARTMENT OF INTERIOR; ROBERT 7 F. BURFORD, Director of the United States Bureau of Land 8 Management; ED HASTY, California State Director, United States 9 Bureau of Land Management ( "FEDERAL DEFENDANTS" ) ; and against 10 defendant SANDBERG WIND CORPORATION, a California Corporation 11 ( "SANDBERG" ) , as well as others. Plaintiffs have challenged, 12 among other things, the validity of Right-of-Way Grant, Serial 13 No. CA-15550 issued by the FEDERAL DEFENDANTS to SANDBERG, on or 14 about March 31 , 1984 for the construction, operation and 15 maintenance of wind turbine electric generators upon federal land 16 designated as Section 28, T. 3S, R. 4E, SBBM. They have also 17 challenged SANDBERG ' s compliance with certain mitigation measures 18 allegedly imposed on SANDBERG' s wind turbine electrical generator 19 project located on Section 28. 20 Plaintiffs and defendant SANDBERG have entered into a 21 Settlement Agreement settling all of plaintiffs ' claims against 22 SANDBERG. A true and correct copy of said Settlement Agreement 23 without the exhibits thereto is attached hereto as Exhibit A. 24 NOW, THEREFORE, IT IS HEREBY STIPULATED BY THE PARTIES 25 HERETO, BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT: 26 The above-captioned suit be dismissed with prejudice as 27 against SANDBERG; and that the above-captioned suit be dismissed 28 -2- 1 with prejudice against the FEDERAL DEFENDANTS only insofar as the 2 suit affects Section 28 , T. 3S, R. 4E, SBBM. 3 Each side to bear its own costs. 4 5 Dated: September , 1985 WILLIAM J. ADAMS, CITY ATTORNEY CITY OF PALM SPRINGS; and 6 BURKE, WILLIAMS & SORENSEN 7 8 By Benjamin S. Kaufman 9 Attorneys for Plaintiffs 10 11 Dated: September s�, 1985 EICK, THOMPSON & PALAZZO 12 A 13 By C r William E. Eick 14 Attorneys for Defendant SANDBERG WIND CORPORATION 15 16 IT IS SO ORDERED. 17 18 Dated: 19 20 William Matthew Byrne, Jr . 21 United States District Judge 22 23 24 25 26 27 28 -3-