CPA2022015-Z2022214 SECTION 3.PDF
Extracted text (via pymupdf)
65331 characters
Facebook | Instagram | Twitter | YouTube
From: Nichter, Keith <Keith.Nichter@kimley-horn.com>
Sent: Thursday, March 30, 2023 12:39 PM
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Cc: Jon Fell <jfell@azdot.gov>; Bob Fedorka (PND) <Bob.Fedorka@Maricopa.Gov>
Subject: RE: FW: CPA2022015 - Comprehensive Plan Amendment for Harquahala Sun
II
Hey All,
I just wanted to formally let you all know that our team is okay with the improvements
described below.
Appreciate everyone’s coordination on this.
Thanks,
Keith Nichter
Kimley-Horn | 1001 W. Southern Avenue, Suite 131 Mesa, Arizona 85210
Direct: 602.313.7206 | Mobile: 480.980.7042 | Main: 480.207.2666
Proud to be one of FORTUNE magazine’s 100 Best Companies to Work For
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Sent: Wednesday, March 1, 2023 11:18 AM
To: Nichter, Keith <Keith.Nichter@kimley-horn.com>
Subject: FW: FW: CPA2022015 - Comprehensive Plan Amendment for Harquahala Sun
II
FYI
From: Jon Fell <jfell@azdot.gov>
Sent: Wednesday, March 1, 2023 11:16 AM
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Cc: Bob Fedorka (PND) <Bob.Fedorka@Maricopa.Gov>
Subject: Re: FW: CPA2022015 - Comprehensive Plan Amendment for Harquahala Sun II
Comments for both:
Z2022214 - Zoning Amendment
CPA2022015 - Plan Amendment
Adam,
Thank you for contacting the Southwest District of the proposed amendments to the
county's subject plans.
The developer for the Harquahala Sun II,had prepared a reasonable traffic statement for
the project. Look at asphalt radi and asphalt conditions for the intersections transversed
by their construction traffic, the developer will need to improve the following locations
while under development:
Place paved shoulders along the intersection of and extend through Salome HWY
and the Frontage Road (Harquahala Valley Road) south of eastbound off and ramps
within ADOT ROW.
Replace top 2" of road; same location.
Restripe; same location.
Jonathan Fell, PE, PTOE
Assistant District Engineer
ADOT Southwest District
GOOGLE GURU
2243 E Gila Ridge Road
Yuma, AZ 85365
928-317-2160
jfell@azdot.gov
azdot.gov
---------- Forwarded message ---------
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Date: Thu, 23 Feb 2023 at 08:18
Subject: CPA2022015 - Comprehensive Plan Amendment for Harquahala Sun II
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Cc: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Good morning all,
This e-mail serves as notification of a 2nd Submittal we have received from Kimley-
Horn for a Comprehensive Plan Amendment for Harquahala Sun II. Applicable
documents for review are available on the Online Permit Manager at:
https://accela.maricopa.gov/CitizenAccessMCOSS/Default.aspx. You can search for
the case by using the CPA case number CPA2022015.
Please let me know if you have any questions or concerns.
Best regards,
Adam Cannon, AICP
Senior Planner
PLANNING & DEVELOPMENT
301 W. Jefferson St., Suite 170 Phoenix, AZ 85003
O: 602-372-0292
MARICOPA.GOV
Facebook | Instagram | Twitter | YouTube
From:
Jon Fell
To:
Adam Cannon (PND)
Cc:
Bob Fedorka (PND)
Subject:
Re: FW: CPA2022015 - Comprehensive Plan Amendment for Harquahala Sun II
Date:
Wednesday, March 1, 2023 11:17:14 AM
Attachments:
image001.png
Comments for both:
Z2022214 - Zoning Amendment
CPA2022015 - Plan Amendment
Adam,
Thank you for contacting the Southwest District of the proposed amendments to the county's
subject plans.
The developer for the Harquahala Sun II,had prepared a reasonable traffic statement for the
project. Look at asphalt radi and asphalt conditions for the intersections transversed by their
construction traffic, the developer will need to improve the following locations while under
development:
Place paved shoulders along the intersection of and extend through Salome HWY and
the Frontage Road (Harquahala Valley Road) south of eastbound off and ramps within
ADOT ROW.
Replace top 2" of road; same location.
Restripe; same location.
Jonathan Fell, PE, PTOE
Assistant District Engineer
ADOT Southwest District
GOOGLE GURU
2243 E Gila Ridge Road
Yuma, AZ 85365
928-317-2160
jfell@azdot.gov
azdot.gov
---------- Forwarded message ---------
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Date: Thu, 23 Feb 2023 at 08:18
Subject: CPA2022015 - Comprehensive Plan Amendment for Harquahala Sun II
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Cc: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Good morning all,
This e-mail serves as notification of a 2nd Submittal we have received from Kimley-Horn
for a Comprehensive Plan Amendment for Harquahala Sun II. Applicable documents for
review are available on the Online Permit Manager at:
https://accela.maricopa.gov/CitizenAccessMCOSS/Default.aspx. You can search for the
case by using the CPA case number CPA2022015.
Please let me know if you have any questions or concerns.
Best regards,
Adam Cannon, AICP
Senior Planner
PLANNING & DEVELOPMENT
301 W. Jefferson St., Suite 170 Phoenix, AZ 85003
O: 602-372-0292
MARICOPA.GOV
Facebook | Instagram | Twitter | YouTube
From:
Bernadette Martinez
To:
Adam Cannon (PND)
Subject:
CV HARQUAHALA Z2022214 S AND W OF BUCKEYE RD AND 491ST AVE
Date:
Wednesday, January 4, 2023 11:49:54 AM
RE: Notice Number:Z2022214
Subject Name:CV HARQUAHALA
APN (if provided):506-28-022
Subject Address (if provided):S AND W OF BUCKEYE RD AND 491ST AVE
Thank you for the notification of the above-referenced proposed development.
ADOT is neutral on this matter. As such, ADOT has no comment.
ADOT traffic engineering may offer additional comments, it is recommended that the
developer ascertain if a traffic study or permit will be necessary. We appreciate receiving the
notice, and the opportunity to review and comment. I am happy to assist with any other
questions or concerns.
Bernadette Martinez
Right of Way Coordinator Assistant
Central District
2140 W. Hilton Ave, MD 700
Phoenix, AZ 85009
602.712.2086
On Thu, Dec 15, 2022 at 4:34 PM Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
wrote:
Good afternoon all,
This e-mail serves as notification of an application we have received from Kimley-Horn for
a Zone Change with Overlay to IND-2 IUPD for Harquahala Sun II. Applicable documents
for review are available on the Online Permit Manager at:
https://accela.maricopa.gov/CitizenAccessMCOSS/Default.aspx. You can search for the
case by using the Zone Change case number Z2022214. A Technical Advisory Committee
meeting is scheduled for January 17, 2023 at 9:00 a.m. If you would like to attend please let
me know and I will send you an invite.
Please let me know if you have any questions or concerns.
Best regards,
Adam Cannon, AICP
Senior Planner
Maricopa County Planning & Development Department
301 W. Jefferson St., Suite 170, Phoenix, AZ 85003
Desk: 602-372-0292
adam.cannon@maricopa.gov
P&D is now 100% digital for construction permit applications.
Find information on our new permit process here.
From:
Bernadette Martinez
To:
Adam Cannon (PND)
Cc:
Peggy Fehlman
Subject:
HARQUAHALA SUN II CPA2022015 SOUTH AND WEST OF INTERSECTION OF BUCKEYE RD & 491ST AVE
Date:
Thursday, December 15, 2022 3:05:08 PM
Thank you for the notification of the above-referenced proposed development.
ADOT is neutral on this matter. As such, ADOT has no comment.
ADOT traffic engineering may offer additional comments, it is recommended that the
developer ascertain if a traffic study or permit will be necessary. We appreciate receiving the
notice, and the opportunity to review and comment. I am happy to assist with any other
questions or concerns.
Bernadette Martinez
Right of Way Coordinator Assistant
Central District
2140 W. Hilton Ave, MD 700
Phoenix, AZ 85009
602.712.2086
On Tue, Dec 6, 2022 at 11:30 AM Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
wrote:
Good morning all,
This e-mail serves as notification of an application we have received from Kimley-Horn for
a Comprehensive Plan Amendment for Harquahala Sun II. Applicable documents for
review are available on the Online Permit Manager at:
https://accela.maricopa.gov/CitizenAccessMCOSS/Default.aspx. You can search for the
case by using the CPA case number CPA2022015. A Technical Advisory Committee
meeting is scheduled for January 3, 2023 at 11:15 a.m. If you would like to attend please let
me know and I will send you an invite.
Please let me know if you have any questions or concerns.
Best regards,
Adam Cannon, AICP
Senior Planner
Maricopa County Planning & Development Department
301 W. Jefferson St., Suite 170, Phoenix, AZ 85003
Desk: 602-372-0292
adam.cannon@maricopa.gov
P&D is now 100% digital for construction permit applications.
Find information on our new permit process here.
January 13, 2023
Mr. Adam Cannon
Maricopa County Planning and Development Department
301 West Jefferson Street, Suite 170
Phoenix, Arizona 85003
Electronically submitted to Adam.Cannon@maricopa.gov
RE:
Harquahala Sun II Solar Facility (Z2022214)
Dear Mr. Cannon:
The Arizona Game and Fish Department (Department) appreciates the opportunity to review the
proposed zone change for the Harquahala Sun II solar facility. The Department understands that HV
Sunrise proposes to develop this 350 MW photovoltaic (PV) solar facility with battery storage on
approximately 2,718 acres of private land approximately 15 miles west of Tonopah in Maricopa
County, Arizona. The site is located between Saddle, Granite, and Eagle Tail mountains and is
currently primarily agricultural fields with some portions of natural desertscrub and riparian habitats.
Under Title 17 of the Arizona Revised Statutes, the Department, by and through the Arizona Game
and Fish Commission (Commission), has jurisdictional authority and public trust responsibilities to
conserve and protect the state fish and wildlife resources. In addition, the Department manages
threatened and endangered species through authorities of Section 6 of the Endangered Species Act
and the Department’s Section 10(a)(1)(A) permit. It is the mission of the Department to conserve and
protect Arizona's diverse fish and wildlife resources and manage for safe, compatible outdoor
recreation opportunities for current and future generations.
The Department recognizes the importance of planning efforts to develop renewable energy locations
that contribute to regional and state economic growth needs and would like to work closely with HV
Sunrise, Kimley-Horn and Associates (Kimley-Horn), and the County during the planning and
development of this economically-important facility. The Department recognizes that appropriate
coordination, proper planning, and voluntary implementation of best management practices allow
projects to be developed that avoid, minimize, or offset potential impacts to wildlife and recreational
access during development and operation of the facilities. For your consideration, the Department
provides the following comments based on the agency's statutory authorities, public trust
responsibilities, and special expertise related to wildlife resources and recreation.
Arizona has recently seen an increase in the number of proposed and in-development renewable
energy generation projects and associated infrastructure. Within a 30-mile radius of the Harquahala
Sun II project, several solar projects have been built or proposed, and although each of these projects
individually may have a minimal impact on the broader landscape, these projects cumulatively could
result in loss of habitat, impact wildlife movements, and affect wildlife-related recreation.
AZGFD - Harquahala Sun II Solar Facility (Z2022214)
January 13, 2023
Page 2
Additionally, long-term effects to wildlife can extend several kilometers beyond the footprint of a
solar project area (Sawyer et al. 2022 ). It is important for the County to consider all potential
1
cumulative effects and to evaluate this project in association with other projects in the area.
Department staff are available to assist in identifying potential cumulative impacts to wildlife and
associated voluntary conservation measures that can be implemented for the project.
The Department recommends conducting surveys in the project area and adjacent lands to determine
species presence. These surveys should be of sufficient duration and intensity to adequately assess all
habitat types and potential species occurrence in and adjacent to the project area. If this project
moves forward, Department staff are available to assist HV Sunrise in determining appropriate
design features and best management practices that can help minimize potential impacts. Based on
the information provided, the Department offers the following recommendations to reduce impacts to
wildlife and habitat; additional information can be found in Guidelines for Solar Development in
Arizona :
2
●
The Department’s Online Environmental Review Tool report (HGIS-18140, attached) created
on January 10, 2023, indicates that the project falls within the 10j area for Sonoran
pronghorn, which is listed as endangered under the Endangered Species Act. The Department
would like to work with HV Sunrise to minimize any potential impacts to this species and
requests coordination prior to construction activities in order to exchange information on
current Sonoran pronghorn use in the project area. If pronghorn are detected during project
activities, please notify the U.S. Fish and Wildlife Service (USFWS) Arizona Ecological
3
Services
Office
(AESO)
and
the
Department’s Sonoran Pronghorn Program Lead
(jbright@azgfd.gov) as soon as possible.
●
The Sonoran desert tortoise, which is covered under a Candidate Conservation Agreement
(CCA), could occur in the project area. The Department recommends conducting surveys, in
accordance with the Desert Tortoise Survey Guidelines for Environmental Consultants , to
4
determine the presence of this species or its habitat. If tortoises are identified, please refer to
and implement the Recommended Standard Mitigation Measures for Projects in Sonoran
Desert Tortoise Habitat and Guidelines for Handling Sonoran Desert Tortoises Encountered
5
on Development Projects .
6
●
Large-scale solar PV facilities can result in bird mortality due to habitat loss, collision with
panels, attraction due to an optical illusion of water, and unknown causes (Kosciuch et al.
2020 ). The Department recommends conducting avian surveys in order to better understand
7
potential impacts and to inform conservation measures. Additional surveys are recommended
for LeConte’s and Bendire’s thrashers, bird species of conservation concern known to occur
in the area. The Department also recommends conducting surveys for nesting birds prior to
vegetation removal and/or construction activities that occur during the breeding season. The
vegetation within the project area may provide nesting opportunities for avian species that are
regulated under the Migratory Bird Treaty Act (MBTA) and protected under state law.
7 https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0232034
6 https://s3.amazonaws.com/azgfd-portal-wordpress/PortalImages/files/wildlife/2014%20Tortoise%20handling%20guidelines.pdf
5 https://s3.amazonaws.com/azgfd-portal-wordpress/PortalImages/files/wildlife/MitigationMeasures.pdf
4 https://s3.amazonaws.com/azgfd-portal-wordpress/PortalImages/files/wildlife/2010SurveyguidelinesForConsultants.pdf
3 https://www.fws.gov/office/arizona-ecological-services/contact-us
2 https://s3.amazonaws.com/azgfd-portal-wordpress/PortalImages/files/wildlife/planningFor/wildlifeFriendlyGuidelines/
FinalSolarGuidelines03122010.pdf
1 https://esajournals.onlinelibrary.wiley.com/doi/10.1002/fee.2498
AZGFD - Harquahala Sun II Solar Facility (Z2022214)
January 13, 2023
Page 3
Breeding season for birds in this area is generally January through June. If it is anticipated the
project will not be in compliance with MBTA, the Department recommends contacting the
USFWS for technical assistance.
●
The western burrowing owl, a special status species that is regulated under the MBTA, could
occur within the project area. The Department recommends conducting occupancy surveys for
western burrowing owls throughout the project area to determine if this species occurs within
the project footprint. Guidelines for conducting this survey are found in Burrowing Owl
Project Clearance Guidance for Landowners8. Please note that the surveys should be
conducted by a surveyor who is certified by the Department or has similar qualifications. If an
active burrowing owl burrow is detected, please contact the Department and the USFWS for
direction, in accordance with the guidelines. The Department recommends conducting
surveys in advance of the design phase to understand distribution of burrowing owls in the
project site; avoidance of a large burrowing owl population may be advisable over removal or
other conservation measures.
●
Bald and golden eagles, which are regulated under the Bald and Golden Eagle Protection Act
(BGEPA), could occur within the project area. If uncertain about the effects of the project to
eagles, or if it is anticipated the project will not be in compliance with the BGEPA, the
Department recommends contacting the USFWS for their Technical Assistance, as well as
Tuk Jacobson, the Department’s raptor expert, at raptors@azgfd.gov or 623-236-7575. The
USFWS and the Department will provide options to comply with the BGEPA, such as
conservation measures to avoid or minimize adverse effects to the eagles.
●
Kit fox could occur within the project area and could be influenced by loss of habitat and
connectivity. Surveys for this species are recommended to determine presence and to inform
pre-construction activities. Department staff are available to assist in identifying suitable
conservation measures if foxes or their burrows are detected, such as one-way exclosures that
allow kit foxes to exit the burrows and disperse to adjacent lands.
●
A variety of other Arizona Species of Greatest Conservation Need have the potential to occur
within the project area. If wildlife are encountered during construction activities, the
Department recommends moving them outside of the construction area, no more than 0.25
mile outside the project boundary within similar habitat. Please note that the Arizona State
Wildlife Action Plan was recently updated and the Department also has an interactive
website, Arizona Wildlife Conservation Strategy9, to help navigate and identify conservation
opportunities within the State Wildlife Action Plan and the most recent list of Species of
Greatest Conservation Need.
Maintaining habitat connectivity is a high priority for the Department, and wildlife movement
corridors are important for wildlife to respond to changing environmental conditions. The southern
end of this project falls within an identified wildlife movement area, and telemetry data show that
mule deer, a species of economic and recreational importance to the State, use this corridor as well as
the project area. Additionally, the broader landscape in which this project occurs provides movement
pathways for a variety of species. If this project is approved, the Department is available to share its
expertise on measures to reduce impacts to connectivity, and to help identify scope and timing of
surveys or studies including the following:
9 https://awcs.azgfd.com
8 https://www.azgfd.com/wildlife/speciesofgreatestconservneed/raptor-management/burrowing-owl-mangement/
AZGFD - Harquahala Sun II Solar Facility (Z2022214)
January 13, 2023
Page 4
●
The Department recommends establishing a set-back from the identified wildlife movement
area and maintaining additional open corridors across the project area to facilitate wildlife
movement. The Department would like to work with HV Sunrise in development of the site
design to provide input on the set-back, possible corridors, and ways to maintain the
ephemeral washes that occur in the project area in their natural state. These washes serve
multiple functions in the ecosystem. Not only do they provide for hydrologic flow, which is
especially important in areas that receive infrequent and isolated precipitation events, but
these washes also contain crucial riparian habitat and serve as important landscape-level
conveyance corridors for wildlife movement.
●
To the extent possible, the Department recommends retaining habitat features underneath the
panels, including vegetation and soils, instead of grading the entire site. The topography in
the majority of the site is flat and would require minimal trimming of shrubs and existing
vegetation to install the panels. Keeping the existing soil and root structures intact would
serve to minimize erosional run-off and help reduce biodiversity loss within the site (Grodsky
and Hernandez 2020 ).
10
●
The Department’s Wildlife Compatible Fencing Guidelines
provide information on how
11
fencing impacts wildlife, ways to design fencing to prevent wildlife entanglement and
impalement, and to ensure wildlife movement is not restricted. Department personnel are
available as resources to help determine appropriate fencing design and layout that will
achieve its objective while reducing impact to wildlife, such as leaving a 6–8-inch gap
between the ground surface and bottom of the fence to allow for smaller wildlife species to
move freely through the area and make use of any habitat within the project boundary.
Finally, the Department offers the following general recommendations to reduce potential impacts to
wildlife and habitat during construction and operation of the facility:
●
To minimize the potential introduction or spread of exotic invasive species, including aquatic
and terrestrial plants, animals, insects, and pathogens, precautions should be taken to wash
and/or decontaminate equipment before entering and leaving the site. See the Arizona
Department of Agriculture website
for a list of prohibited and restricted noxious weeds and
12
the Arizona Native Plant Society
for recommendations on how to control them. To view a
13
list of documented invasive species or to report invasive species in or near your project area,
visit iMapInvasives , which is a national cloud-based application for tracking and managing
14
invasive species.
●
If trenching will occur for the proposed project, the Department recommends that trenching
and backfilling crews be close together to minimize the amount of open trenches at any given
time. Where trenches cannot be back-filled immediately, the Department recommends escape
ramps be constructed at least every 90 meters. Escape ramps can be short lateral trenches or
wooden planks sloping to the surface. The Department recommends that slopes be less than
45 degrees (1:1) and trenches that have been left open overnight be inspected to remove
animals prior to backfilling.
14 https://imap.natureserve.org/imap/services/page/map.html
13 https://aznps.com/invas
12 https://agriculture.az.gov/pestspest-control/agriculture-pests/noxious-weeds
11 https://s3.amazonaws.com/azgfd-portal-wordpress/PortalImages/files/wildlife/planningFor/wildlifeFriendlyGuidelines/
110125_AGFD_fencing_guidelines.pdf
10 https://www.nature.com/articles/s41893-020-0574-x
AZGFD - Harquahala Sun II Solar Facility (Z2022214)
January 13, 2023
Page 5
●
If new powerlines will be required, the Department recommends following standards
established by the Avian Power Line Interaction Committee (APLIC), which can be found in
Suggested Practices for Avian Protection on Power Lines: The State of the Art in 2006
and
15
Reduced Avian Collisions with Power Lines: The State of the Art in 2012 . Birds of prey,
16
such as raptors, owls, vultures, and eagles, are vulnerable to powerline strikes and
electrocution during construction and operation of transmission lines; power poles can also
serve as perches for birds of prey. Tuk Jacobson, the Department’s Raptor Coordinator, can
provide further information on specific design features and best management practices; he
can be contacted at raptors@azgfd.gov or 623-236-7575.
●
The Department recommends revegetating disturbed areas with native drought-tolerant
species that represent the natural surrounding landscape. Landscaping with native plants can
help support wildlife and pollinator species in the area while reducing dust and erosion.
●
Artificial lighting could impair the ability of nocturnal animals to navigate (e.g., owls,
migratory birds, bats, and other nocturnal mammals) and may affect wildlife behavior and
populations (Davies et. al. 2013 ). The Department recommends using only the minimum
17
amount of light needed for safety. If feasible, narrow spectrum lighting is wildlife-friendly
and should be used as often as possible to minimize the number of species affected by
lighting. It is also beneficial that all lighting is shielded, canted, or cut to minimize the
amount of upward shining light.
Thank you for the opportunity to provide input on the Harquahala Sun II Solar Facility. For further
coordination, please contact Tiffany Sprague at tsprague@azgfd.gov or 623-236-7222.
Sincerely,
Luke Thompson
Habitat, Evaluation, and Lands Branch Chief
cc:
Michael Sumner - Regional Supervisor, Region IV
Tyler Williford - Region IV Habitat, Evaluation, and Lands Program Supervisor
Ginger Ritter - Project Evaluation Program Supervisor
Attachment:
Harquahala Sun II_HGIS-18140_20230110.pdf
AZGFD #M23-01102629
17 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3657119
16 https://www.aplic.org/uploads/files/15518/Reducing_Avian_Collisions_2012watermarkLR.pdf
15 https://www.aplic.org/uploads/files/2643/SuggestedPractices2006(LR-2).pdf
Arizona Environmental Online Review Tool Report
Arizona Game and Fish Department Mission
To conserve Arizona's diverse wildlife resources and manage for safe, compatible outdoor recreation
opportunities for current and future generations.
Project Name:
Harquahala Sun II
Project Description:
HV Sunrise proposed PV solar facility on 2717.76 acres in Maricopa County. Hand drawn map
Project Type:
Energy Storage/Production/Transfer, Energy Production (generation), photovoltaic solar facility (new)
Contact Person:
Tiffany Sprague
Organization:
AZ Game and Fish Dept
On Behalf Of:
MARICOPA
Project ID:
HGIS-18140
Please review the entire report for project type and/or species recommendations for the location
information entered. Please retain a copy for future reference.
Page 1 of 12
Arizona Game and Fish Department
project_report_harquahala_sun_ii_57104_58861.pdf
Project ID: HGIS-18140
Review Date: 1/10/2023 12:07:22 PM
Disclaimer:
1. This Environmental Review is based on the project study area that was entered. The report must be
updated if the project study area, location, or the type of project changes.
2. This is a preliminary environmental screening tool. It is not a substitute for the potential knowledge
gained by having a biologist conduct a field survey of the project area. This review is also not intended to
replace environmental consultation (including federal consultation under the Endangered Species Act),
land use permitting, or the Departments review of site-specific projects.
3. The Departments Heritage Data Management System (HDMS) data is not intended to include potential
distribution of special status species. Arizona is large and diverse with plants, animals, and
environmental conditions that are ever changing. Consequently, many areas may contain species that
biologists do not know about or species previously noted in a particular area may no longer occur there.
HDMS data contains information about species occurrences that have actually been reported to the
Department. Not all of Arizona has been surveyed for special status species, and surveys that have been
conducted have varied greatly in scope and intensity. Such surveys may reveal previously
undocumented population of species of special concern.
4. Arizona Wildlife Conservation Strategy (AWCS), specifically Species of Greatest Conservation Need
(SGCN), represent potential species distribution models for the State of Arizona which are subject to
ongoing change, modification and refinement. The status of a wildlife resource can change quickly, and
the availability of new data will necessitate a refined assessment.
Locations Accuracy Disclaimer:
Project locations are assumed to be both precise and accurate for the purposes of environmental review. The
creator/owner of the Project Review Report is solely responsible for the project location and thus the correctness
of the Project Review Report content.
Page 2 of 12
Arizona Game and Fish Department
project_report_harquahala_sun_ii_57104_58861.pdf
Project ID: HGIS-18140
Review Date: 1/10/2023 12:07:22 PM
Recommendations Disclaimer:
1. The Department is interested in the conservation of all fish and wildlife resources, including those
species listed in this report and those that may have not been documented within the project vicinity as
well as other game and nongame wildlife.
2. Recommendations have been made by the Department, under authority of Arizona Revised Statutes
Title 5 (Amusements and Sports), 17 (Game and Fish), and 28 (Transportation).
3. Potential impacts to fish and wildlife resources may be minimized or avoided by the recommendations
generated from information submitted for your proposed project. These recommendations are preliminary
in scope, designed to provide early considerations on all species of wildlife.
4. Making this information directly available does not substitute for the Department's review of project
proposals, and should not decrease our opportunity to review and evaluate additional project information
and/or new project proposals.
5. Further coordination with the Department requires the submittal of this Environmental Review Report with
a cover letter and project plans or documentation that includes project narrative, acreage to be impacted,
how construction or project activity(s) are to be accomplished, and project locality information (including
site map). Once AGFD had received the information, please allow 30 days for completion of project
reviews. Send requests to:
Project Evaluation Program, Habitat Branch
Arizona Game and Fish Department
5000 West Carefree Highway
Phoenix, Arizona 85086-5000
Phone Number: (623) 236-7600
Fax Number: (623) 236-7366
Or
PEP@azgfd.gov
6. Coordination may also be necessary under the National Environmental Policy Act (NEPA) and/or
Endangered Species Act (ESA). Site specific recommendations may be proposed during further
NEPA/ESA analysis or through coordination with affected agencies
Page 3 of 12
Arizona Game and Fish Department
project_report_harquahala_sun_ii_57104_58861.pdf
Project ID: HGIS-18140
Review Date: 1/10/2023 12:07:22 PM
Page 4 of 12
Arizona Game and Fish Department
project_report_harquahala_sun_ii_57104_58861.pdf
Project ID: HGIS-18140
Review Date: 1/10/2023 12:07:22 PM
Page 5 of 12
Arizona Game and Fish Department
project_report_harquahala_sun_ii_57104_58861.pdf
Project ID: HGIS-18140
Review Date: 1/10/2023 12:07:22 PM
Page 6 of 12
Arizona Game and Fish Department
project_report_harquahala_sun_ii_57104_58861.pdf
Project ID: HGIS-18140
Review Date: 1/10/2023 12:07:22 PM
Page 7 of 12
Arizona Game and Fish Department
project_report_harquahala_sun_ii_57104_58861.pdf
Project ID: HGIS-18140
Review Date: 1/10/2023 12:07:22 PM
Special Status Species Documented within 5 Miles of Project Vicinity
Scientific Name
Common Name
FWS
USFS
BLM
NPL
SGCN
Antilocapra americana sonoriensis
Sonoran Pronghorn
LE,XN
S
1
Gopherus morafkai
Sonoran Desert Tortoise
CCA
S
S
1
Toxostoma lecontei
LeConte's Thrasher
S
2
Note: Status code definitions can be found at https://www.azgfd.com/wildlife/planning/wildlifeguidelines/statusdefinitions/
.
Special Areas Documented that Intersect with Project Footprint as Drawn
Scientific Name
Common Name
FWS
USFS
BLM
NPL
SGCN
Centennial Wash
Maricopa County Wildlife Movement
Area - Riparian/Wash
Harquahala Plain
Conservation Opportunity Area
Note: Status code definitions can be found at https://www.azgfd.com/wildlife/planning/wildlifeguidelines/statusdefinitions/
.
Species of Greatest Conservation Need Predicted that Intersect with Project Footprint as Drawn, based on
Predicted Range Models
Scientific Name
Common Name
FWS
USFS
BLM
NPL
SGCN
Anaxyrus microscaphus
Arizona Toad
SC
S
2
Anthus spragueii
Sprague's Pipit
SC
2
Antilocapra americana sonoriensis
Sonoran Pronghorn
LE,XN
S
1
Aquila chrysaetos
Golden Eagle
S
2
Artemisiospiza nevadensis
Sagebrush Sparrow
Asio otus
Long-eared Owl
2
Athene cunicularia hypugaea
Western Burrowing Owl
SC
S
S
2
Auriparus flaviceps
Verdin
2
Botaurus lentiginosus
American Bittern
2
Calcarius ornatus
Chestnut-collared Longspur
2
Calypte costae
Costa's Hummingbird
2
Campylorhynchus brunneicapillus
Cactus Wren
2
Charadrius montanus
Mountain Plover
SC
2
Coccyzus americanus
Yellow-billed Cuckoo (Western DPS)
Colaptes chrysoides
Gilded Flicker
S
2
Corynorhinus townsendii pallescens Pale Townsend's Big-eared Bat
SC
S
S
1
Empidonax wrightii
Gray Flycatcher
2
Eumops perotis californicus
Greater Western Bonneted Bat
Falco mexicanus
Prairie Falcon
2
Falco peregrinus anatum
American Peregrine Falcon
Falco sparverius
American Kestrel
2
Gopherus morafkai
Sonoran Desert Tortoise
CCA
S
S
1
Page 8 of 12
Arizona Game and Fish Department
project_report_harquahala_sun_ii_57104_58861.pdf
Project ID: HGIS-18140
Review Date: 1/10/2023 12:07:22 PM
Species of Greatest Conservation Need Predicted that Intersect with Project Footprint as Drawn, based on
Predicted Range Models
Scientific Name
Common Name
FWS
USFS
BLM
NPL
SGCN
Incilius alvarius
Sonoran Desert Toad
2
Lanius ludovicianus
Loggerhead Shrike
SC
2
Lasiurus cinereus
Hoary Bat
2
Lasiurus xanthinus
Western Yellow Bat
S
2
Lithobates yavapaiensis
Lowland Leopard Frog
SC
S
S
1
Macrotus californicus
California Leaf-nosed Bat
SC
S
2
Megascops kennicottii
Western Screech-owl
Melanerpes uropygialis
Gila Woodpecker
2
Melospiza lincolnii
Lincoln's Sparrow
2
Micrathene whitneyi
Elf Owl
Myotis velifer
Cave Myotis
SC
S
2
Myotis yumanensis
Yuma Myotis
SC
2
Nyctinomops femorosaccus
Pocketed Free-tailed Bat
2
Passerculus sandwichensis
Savannah Sparrow
2
Pooecetes gramineus
Vesper Sparrow
2
Spizella breweri
Brewer's Sparrow
2
Tadarida brasiliensis
Brazilian Free-tailed Bat
Thomomys bottae subsimilis
Harquahala Southern Pocket Gopher
SC
2
Toxostoma bendirei
Bendire's Thrasher
2
Toxostoma lecontei
LeConte's Thrasher
S
2
Species of Economic and Recreation Importance Predicted that Intersect with Project Footprint as Drawn
Scientific Name
Common Name
FWS
USFS
BLM
NPL
SGCN
Callipepla gambelii
Gambel's Quail
Odocoileus hemionus
Mule Deer
Pecari tajacu
Javelina
Puma concolor
Mountain Lion
Zenaida asiatica
White-winged Dove
Zenaida macroura
Mourning Dove
Page 9 of 12
Arizona Game and Fish Department
project_report_harquahala_sun_ii_57104_58861.pdf
Project ID: HGIS-18140
Review Date: 1/10/2023 12:07:22 PM
Project Type: Energy Storage/Production/Transfer, Energy Production (generation), photovoltaic solar facility
(new)
Project Type Recommendations:
During the planning stages of your project, please consider the local or regional needs of wildlife in regards to movement,
connectivity, and access to habitat needs. Loss of this permeability prevents wildlife from accessing resources, finding
mates, reduces gene flow, prevents wildlife from re-colonizing areas where local extirpations may have occurred, and
ultimately prevents wildlife from contributing to ecosystem functions, such as pollination, seed dispersal, control of prey
numbers, and resistance to invasive species. In many cases, streams and washes provide natural movement corridors
for wildlife and should be maintained in their natural state. Uplands also support a large diversity of species, and should
be contained within important wildlife movement corridors. In addition, maintaining biodiversity and ecosystem functions
can be facilitated through improving designs of structures, fences, roadways, and culverts to promote passage for a
variety of wildlife. Guidelines for many of these can be found
at: https://www.azgfd.com/wildlife/planning/wildlifeguidelines/.
Consider impacts of outdoor lighting on wildlife and develop measures or alternatives that can be taken to increase
human safety while minimizing potential impacts to wildlife. Conduct wildlife surveys to determine species within project
area, and evaluate proposed activities based on species biology and natural history to determine if artificial lighting may
disrupt behavior patterns or habitat use. Use only the minimum amount of light needed for safety. Narrow spectrum bulbs
should be used as often as possible to lower the range of species affected by lighting. All lighting should be shielded,
canted, or cut to ensure that light reaches only areas needing illumination.
Minimize the potential introduction or spread of exotic invasive species, including aquatic and terrestrial plants, animals,
insects and pathogens. Precautions should be taken to wash and/or decontaminate all equipment utilized in the project
activities before entering and leaving the site. See the Arizona Department of Agriculture website for a list of prohibited
and restricted noxious weeds at https://www.invasivespeciesinfo.gov/unitedstates/az.shtml and the Arizona Native Plant
Society https://aznps.com/invas for recommendations on how to control. To view a list of documented invasive species or
to report invasive species in or near your project area visit iMapInvasives - a national cloud-based application for tracking
and managing invasive species at https://imap.natureserve.org/imap/services/page/map.html.
To build a list: zoom to your area of interest, use the identify/measure tool to draw a polygon around your area of
interest, and select “See What’s Here” for a list of reported species. To export the list, you must have an
account and be logged in. You can then use the export tool to draw a boundary and export the records in a csv
file.
Minimization and mitigation of impacts to wildlife and fish species due to changes in water quality, quantity, chemistry,
temperature, and alteration to flow regimes (timing, magnitude, duration, and frequency of floods) should be evaluated.
Minimize impacts to springs, in-stream flow, and consider irrigation improvements to decrease water use. If dredging is a
project component, consider timing of the project in order to minimize impacts to spawning fish and other aquatic species
(include spawning seasons), and to reduce spread of exotic invasive species. We recommend early direct coordination
with Project Evaluation Program for projects that could impact water resources, wetlands, streams, springs, and/or
riparian habitats.
The Department recommends that wildlife surveys are conducted to determine if noise-sensitive species occur within the
project area. Avoidance or minimization measures could include conducting project activities outside of breeding
seasons.
Page 10 of 12
Arizona Game and Fish Department
project_report_harquahala_sun_ii_57104_58861.pdf
Project ID: HGIS-18140
Review Date: 1/10/2023 12:07:22 PM
For any powerlines built, proper design and construction of the transmission line is necessary to prevent or minimize risk
of electrocution of raptors, owls, vultures, and golden or bald eagles, which are protected under state and federal laws.
Limit project activities during the breeding season for birds, generally March through late August, depending on species
in the local area (raptors breed in early February through May). Conduct avian surveys to determine bird species that
may be utilizing the area and develop a plan to avoid disturbance during the nesting season. For underground
powerlines, trenches should be covered or back-filled as soon as possible. Incorporate escape ramps in ditches or
fencing along the perimeter to deter small mammals and herpetofauna (snakes, lizards, tortoise) from entering ditches. In
addition, indirect affects to wildlife due to construction (timing of activity, clearing of rights-of-way, associated bridges and
culverts, affects to wetlands, fences) should also be considered and mitigated.
Based on the project type entered, coordination with State Historic Preservation Office may be required
(https://azstateparks.com/).
Based on the project type entered, coordination with U.S. Fish and Wildlife Service (Migratory Bird Treaty Act) may be
required (https://www.fws.gov/office/arizona-ecological-services).
Vegetation restoration projects (including treatments of invasive or exotic species) should have a completed site-
evaluation plan (identifying environmental conditions necessary to re-establish native vegetation), a revegetation plan
(species, density, method of establishment), a short and long-term monitoring plan, including adaptive management
guidelines to address needs for replacement vegetation.
The Department requests further coordination to provide project/species specific recommendations, please
contact Project Evaluation Program directly at PEP@azgfd.gov.
Project Location and/or Species Recommendations:
Analysis indicates that your project is located in the vicinity of an identified Conservation Opportunity Area (COA). While
there are many areas in Arizona that present abundant conservation opportunities, COAs are specific areas on the
landscape that the Department identified as having the greatest potential for conservation efforts. COAs were identified
using species and habitat data, the presence of unique landscape features, and Departmental expertise. COAs range in
size, scope, and focal species and/or habitats and are strictly a non-regulatory conservation tool for the public and our
conservation partners to consider. For more information regarding this particular COA near your project area and the
Department's suggestions for potential conservation efforts, please visit the COA profile at
https://awcs.azgfd.com/conservation-opportunity-areas.
Analysis indicates that your project is located in the vicinity of an identified wildlife habitat connectivity feature. The
County-level Stakeholder Assessments contain five categories of data (Barrier/Development, Wildlife Crossing Area,
Wildlife Movement Area- Diffuse, Wildlife movement Area- Landscape, Wildlife Movement Area- Riparian/Washes) that
provide a context of select anthropogenic barriers, and potential connectivity. The reports provide recommendations for
opportunities to preserve or enhance permeability. Project planning and implementation efforts should focus on
maintaining and improving opportunities for wildlife permeability. For information pertaining to the linkage assessment
and wildlife species that may be affected, please refer
to: https://www.azgfd.com/wildlife/planning/habitatconnectivity/identifying-corridors/.
Please contact the Project Evaluation Program (pep@azgfd.gov) for specific project recommendations.
Page 11 of 12
Arizona Game and Fish Department
project_report_harquahala_sun_ii_57104_58861.pdf
Project ID: HGIS-18140
Review Date: 1/10/2023 12:07:22 PM
HDMS records indicate that one or more Listed, Proposed, or Candidate species or Critical Habitat (Designated or
Proposed) have been documented in the vicinity of your project. The Endangered Species Act (ESA) gives the US Fish
and Wildlife Service (USFWS) regulatory authority over all federally listed species. Please contact USFWS Ecological
Services Offices at https://www.fws.gov/office/arizona-ecological-services or:
Phoenix Main Office
Tucson Sub-Office
Flagstaff Sub-Office
9828 North 31st Avenue #C3
201 N. Bonita Suite 141
SW Forest Science Complex
Phoenix, AZ 85051-2517
Tucson, AZ 85745
2500 S. Pine Knoll Dr.
Phone: 602-242-0210
Phone: 520-670-6144
Flagstaff, AZ 86001
Fax: 602-242-2513
Fax: 520-670-6155
Phone: 928-556-2157
Fax: 928-556-2121
HDMS records indicate that Sonoran Desert Tortoise have been documented within the vicinity of your project area.
Please review the Tortoise Handling Guidelines found at: https://www.azgfd.com/wildlife/nongamemanagement/tortoise/
Powered by TCPDF (www.tcpdf.org)
Page 12 of 12
From:
Caroline Klebacha
To:
Nichter, Keith
Cc:
Adam Cannon (PND); MaryEllen Walsh
Subject:
Re: Harquahala Sun II CPA2022015/Z2022214
Date:
Tuesday, April 11, 2023 9:18:53 AM
Good morning Keith,
I took a look at the Class I you sent over as well as some of the other projects that have been
completed in the area. We are amenable to reducing the level of investigation from a Class III
survey of the entire area to a Class II survey of the entire area. The survey should include 100
percent survey coverage in and around washes including Centennial Wash and its tributaries
as depicted on historical topographical maps and historical aerial imagery. We understand that
this area has been cultivated and the historical alignments may not be visible on the modern
ground surface or in recent aerials. The remainder of the project area should be sample
surveyed. The consultant may achieve this using larger transects spacing. If cultural resources
are identified in sampled areas, the transect widths should be reduced to adequately identify
cultural resources.
Please provide our office with a map and sampling strategy of the project area for our review
and comment.
Thank you,
Caroline
Caroline Klebacha, M.A.
Archaeological Compliance Specialist
State Historic Preservation Office
A Division of Arizona State Parks & Trails
Please use azshpo@azstateparks.gov for all consultation!
1110 West Washington Street, Suite 100
Phoenix, AZ 85007-2957
Phone: 602-542-7140
Email: cklebacha@azstateparks.gov
Web: http://AZStateParks.com/SHPO
On Tue, Apr 11, 2023 at 8:20 AM Nichter, Keith <Keith.Nichter@kimley-horn.com> wrote:
See below.
a. The Developer shall conduct a Class III Cultural Resources
Survey as per the comments from the Arizona State Historic
Preservation Office (AZSHPO) included in the e-mail dated March 22,
2023 prior to issuance of construction permits.
From: Caroline Klebacha <cklebacha@azstateparks.gov>
Sent: Tuesday, April 11, 2023 7:37 AM
To: Nichter, Keith <Keith.Nichter@kimley-horn.com>
Subject: Re: Harquahala Sun II CPA2022015/Z2022214
Hi Keith,
Can you send me the conditions that Adam has included for you?
Thank you,
Caroline
On Mon, Apr 10, 2023 at 4:16 PM Nichter, Keith <Keith.Nichter@kimley-horn.com>
wrote:
Caroline,
Hope you had a great weekend…I’m sure it was to short just like mine!? Thanks again for
your time on Friday. Any chance you would have a moment before the end of the day to
discuss the conditions for Harquahala Sun II?
Appreciate it!
Keith
From: Nichter, Keith
Sent: Friday, April 7, 2023 2:56 PM
To: cklebacha@azstateparks.gov
Cc: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>; nikki.payne@erm.com;
jacquie.payette@erm.com; Garret Bean <garret.bean@copiapower.com>
Subject: Harquahala Sun II CPA2022015/Z2022214
Caroline,
I really appreciate your time.
See attached for the Class I for Harquahala Sun II as it relates to our discussion about the
draft conditions of approval, requiring a Class III survey, as a part of our zone change and
CPA request.
Let me know your thoughts.
Have a great weekend!
Thanks,
Keith Nichter
Kimley-Horn | 1001 W. Southern Avenue, Suite 131 Mesa, Arizona 85210
Direct: 602.313.7206 | Mobile: 480.980.7042 | Main: 480.207.2666
Proud to be one of FORTUNE magazine’s 100 Best Companies to Work For
From:
Caroline Klebacha
To:
Adam Cannon (PND)
Subject:
Re: Z2022214 - Zone Change with Overlay for Harquahala Sun II
Date:
Wednesday, March 22, 2023 1:33:56 PM
Attachments:
image001.png
Good afternoon, Adam,
We look forward to reviewing the Class III report once it is submitted.
Thank you,
Caroline
Caroline Klebacha, M.A.
Archaeological Compliance Specialist
State Historic Preservation Office
A Division of Arizona State Parks & Trails
Please use azshpo@azstateparks.gov for all consultation!
1110 West Washington Street, Suite 100
Phoenix, AZ 85007-2957
Phone: 602-542-7140
Email: cklebacha@azstateparks.gov
Web: http://AZStateParks.com/SHPO
On Mon, Feb 27, 2023 at 7:11 AM AZSHPO - AZPARKS <azshpo@azstateparks.gov>
wrote:
SHPO-2022-1480 (167964)
---------- Forwarded message ---------
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Date: Thu, Feb 23, 2023 at 8:19 AM
Subject: Z2022214 - Zone Change with Overlay for Harquahala Sun II
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Cc: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Good morning all,
nd
This e-mail serves as notification of a 2
Submittal we have received from Kimley-Horn
for a Zone Change with Overlay to IND-2 IUPD for Harquahala Sun II. Applicable
documents for review are available on the Online Permit Manager at:
https://accela.maricopa.gov/CitizenAccessMCOSS/Default.aspx. You can search for the
case by using the Zone Change case number Z2022214.
Please let me know if you have any questions or concerns.
Best regards,
Adam Cannon, AICP
Senior Planner
PLANNING & DEVELOPMENT
301 W. Jefferson St., Suite 170 Phoenix, AZ 85003
O: 602-372-0292
MARICOPA.GOV
Facebook | Instagram | Twitter | YouTube
From:
Caroline Klebacha
To:
Adam Cannon (PND)
Subject:
Re: Z2022214 - Zone Change with Overlay for Harquahala Sun II
Date:
Wednesday, January 4, 2023 10:30:47 AM
Good morning Adam,
We have reviewed the applications for both the Comprehensive Plan Amendment and the
Zone Change. We recognize that the CPA discussed completing a cultural resources review,
but the zoning change did not. We recommend that the entire Harquahala II project area be
surveyed for cultural resources. Please let us know if you have any questions or concerns.
Thank you,
Caroline
Caroline Klebacha, M.A.
Archaeological Compliance Specialist
State Historic Preservation Office
A Division of Arizona State Parks & Trails
Please use azshpo@azstateparks.gov for all consultation!
1110 West Washington Street, Suite 100
Phoenix, AZ 85007-2957
Phone: 602-542-7140
Email: cklebacha@azstateparks.gov
Web: http://AZStateParks.com/SHPO
On Mon, Dec 19, 2022 at 3:00 PM AZSHPO - AZPARKS <azshpo@azstateparks.gov> wrote:
2022-1480(166974)
I did not download anything from the link.
Arizona State Historic Preservation Office
---------- Forwarded message ---------
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Date: Thu, Dec 15, 2022 at 4:34 PM
Subject: Z2022214 - Zone Change with Overlay for Harquahala Sun II
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Cc: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Good afternoon all,
This e-mail serves as notification of an application we have received from Kimley-Horn for
a Zone Change with Overlay to IND-2 IUPD for Harquahala Sun II. Applicable documents
for review are available on the Online Permit Manager at:
https://accela.maricopa.gov/CitizenAccessMCOSS/Default.aspx. You can search for the
case by using the Zone Change case number Z2022214. A Technical Advisory Committee
meeting is scheduled for January 17, 2023 at 9:00 a.m. If you would like to attend please let
me know and I will send you an invite.
Please let me know if you have any questions or concerns.
Best regards,
Adam Cannon, AICP
Senior Planner
Maricopa County Planning & Development Department
301 W. Jefferson St., Suite 170, Phoenix, AZ 85003
Desk: 602-372-0292
adam.cannon@maricopa.gov
P&D is now 100% digital for construction permit applications.
Find information on our new permit process here.
DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND
6 January 2023
Mr. Christopher P. Toale
Director, Community Initiatives Team
56th Fighter Wing
14185 W. Falcon Street
Luke AFB AZ 85309-1629
Mr. Adam Cannon
Maricopa County Planning & Development Department
501 North 44th Street, Suite 200
Phoenix, AZ 85008
RE: CPA2022015; Harquahala Sun II (APNs: 506-28-023C, 506-28-028E, 506-
28-031C, 506-28-031D, 506-29-015B, 506-29-027D, 506-29-027G, 506-29-031E, 506-29-031G,
506-29-012A)
Dear Mr. Cannon
Thank you for the opportunity to comment on the Harquahala Sun II Comprehensive Plan
Amendment application. The applicant requests to change the land use designation from Rural
Residential to Utilities to develop and operate a solar generating facility. This request affects
approximately 327 acres and is located approximately 15 miles west of Tonopah in
unincorporated Maricopa County, Arizona with parcels lying south and west of the intersection
of 499th Avenue and Courthouse Road. The project will include approximately 1M solar
modules mounted on single axis trackers, inverters, transformers, a 500 kV utility substation,
battery energy storage system, and one or more small buildings to house telecommunication
equipment.
As stated in the narrative, the applicant understands this project is located underneath
military training routes (MTRs). Although the proposed pole heights are not expected to exceed
150’, Luke AFB appreciates the Project Team being proactive in addressing any potential
concerns by submitting under the Informal Review DOD Siting Clearinghouse process.
Please ensure the project is submitted for an informal review through the DoD Siting
Clearinghouse for Energy, Installations, and Environment by sending the project narrative for
review to: osd.dod-siting-clearinghouse@mail.mil. This response is conditional upon their
approval/input.
If you have any questions, please contact my Community Planner, Mr. Mark James at
(623) 856-6175.
Sincerely
CHRISTOPHER P. TOALE
cc:
Colonel Keagan L. McLeese, Vice Commander, 56th Fighter Wing
Mr. Timothy A. Forero, GS-13, General Law Attorney, 56th Fighter Wing
1
January 29, 2022
Maricopa County Planning & Development Department
301 W Jefferson Street, Suite 170
Phoenix, AZ 85003
RE: Harquahala Sun II Project CPA2022015
I have multiple concerns with my residential property being surrounded by an area being re-zoned as a
utility for a solar project. Rather than object outright to re-zoning, I would rather see some rational
limitations be adopted as part of the re-zoning permitting process. While most of my proposed
comments are likely concerns of all residents inside this area, a few are specific to my property. Please
note that I formally object to this re-zoning request without some reasonable restrictions being
formally adopted.
My residence is located at 51101 W Buckeye Rd, Tonopah AZ (legal description PT W2 NE4 DAF COM N4
COR SEC TH E 700.27F TO POB TH CONT E 259.82F TH S 1D 48M E 179.84F TH W 262F TH NLY 179.99F
TO POB). I purchased this property precisely for its rural character, without any close neighbors. As such,
I use the property to board equines, observe nature and the night sky, and, more generally, escape
civilization's lights and sounds.
I am not an expert in zoning rules and regulations and welcome the County either (a) pointing out
existing language that addresses my concerns or (b) proposing alternative language as appropriate to
address my concerns. I would ask for the opportunity to review and comment on the County's response
before the permitting change is approved.
I raised multiple questions with the County on November 29, 2022, and was notified that the project
had not yet been assigned and that I should resubmit my request in a few weeks. Therefore, this is my
resubmission with additional information now that I have connected with the developer.
I would also like to notify the County that all of the items below have been raised by me as general or
specific concerns with the developer via email (sent November 29, 2022, to Keith Nichter) or during a
face-to-face visit to my property by Matt Garlinghouse and colleague on January 17, 2023. And while the
developer to date has proven to be friendly to interact with, there are many questions I have raised that
have simply not been answered or have been addressed with general comments versus firm
commitments.
As discussed with and conceptually agreed upon with the developer:
•
The re-zoning should clearly state that the only utility uses the re-zoning approval is good for is
Solar. No other utility use is allowed based on the re-zoning.
•
Security fencing for the project will be placed back at least 10' from their property line and at
least 300' (100 yards) from any residential building. In addition, all structures / above-ground
solar infrastructure (except for power lines) should be placed within their security fencing with a
further minimum 10' set back from their security fence.
2
•
Security fences near my property will not include "privacy features" designed to block viewing or
obstruct small animals from traversing the land.
•
The developer will be responsible for maintaining W Buckeye Road consistent with rural
residential standards during construction and operations. They will also be responsible for dust
abatement during construction. This responsibility for W Buckeye shall, at a minimum, run from
my property to the nearest paved road (Harquahala Valley Rd). Should the developer need to
temporarily disrupt my ability to use W Buckeye Road during construction, they should (a)
provide at least 10 days pre-notice and (b) provide an alternative road of equal or better
condition to reach a paved road.
•
The land immediately east of my property shall be left undeveloped and outside the fence line
to maintain a viewing corridor for my property. This viewing corridor shall start at my eastern
property line and continue until the current dirt road (which I do not believe is named) but is
~500th Avenue. This viewing corridor is somewhere between 1-2 acres in total size. Note I have
offered to obtain this land from the developer at fair market value, and they have indicated they
are not willing to sell but would rather treat it as a viewing corridor.
•
All trees on or within 10' of my property line shall be left as is. This is particularly important for
the two palm trees along the south end of my property line, as one of them includes an active
owl nest.
Noise Restrictions
The developer and I have discussed noise created by commercial solar inverters. The developer has
indicated a desire to place them away from residences to reduce noise. As this is a rural location
that is primarily devoid of man-made noise, I would like to see noise standards addressed in the
permitting process. I would propose the following:
•
Inverter limitation: Inverters (or similar electrical conversation devices) may not be located
within 1,000 feet of any residence to support noise abatement.
•
Development sounds shall be limited at any property line of the development or contiguous
property owned or controlled by the project developer during development. Sounds shall be
limited to 75 dBA between 7:00 a.m. and 7:00 p.m. (the "daytime limit"), and 35 dBA between
7:00 p.m. and 7:00 a.m. (the "nighttime limit").
•
Operational sounds shall be limited at any property line of the development or contiguous
property owned or controlled by the project developer during operations. Sounds shall be
limited to 45 dBA between 7:00 a.m. and 7:00 p.m. (the "daytime limit"), and 35 dBA between
7:00 p.m. and 7:00 a.m. (the "nighttime limit").
•
Operational residential sounds shall be limited at any property line of the development or
contiguous property owned or controlled by the project developer with 1,000 feet of a
residence. Sounds shall be limited to 35 dBA between 7:00 a.m. and 7:00 p.m. (the "daytime
limit"), and 25 dBA between 7:00 p.m. and 7:00 a.m. (the "nighttime limit").
3
Light Restrictions
The developer and I have discussed them introducing lights and they informed me they have no
plans to install any operational lighting within the eyesight of my property. While this sounds great, I
would like to see lighting standards addressed in the permitting process. Therefore, I would propose
the following:
•
No operational lights be installed or operated within 1,000 feet of residential property.
•
Any lights installed and operated by the developer meet international dark sky association
standards to maintain the area's current rural dark sky aspect.
Power Line Restrictions
The developer and I have discussed that they have no plans to introduce high-voltage generation
power lines near my property. While this sounds good, I would like to see this codified as part of the
permitting process. I would propose something like this:
•
The utility will not install any power lines over, under or upon any property containing a
residence
•
The utility may not install any new power lines with a voltage higher than is needed for
residential purposes within 3,000 feet of any property containing a residence.
•
The utility may not install any power lines that would disrupt a viewing corridor established as
part of the project.
Thank you for reviewing my letter and engaging with me to ensure a successful re-zoning that meets the
needs of residents as well as the Utility developer.
Sincerely,
Matthew Bates
51101 W Buckeye Rd, Tonopah AZ
matthewjerebates@gmail.com
From:
Matthew Bates
To:
Adam Cannon (PND)
Cc:
Cindy Bates; Matt Garlinghouse; Brian Lynch
Subject:
Re: Z2022214 - Harquahala Sun II Solar
Date:
Friday, April 14, 2023 7:20:18 AM
Attachments:
image001.png
Harquahala Sun II Project Rezoning - Objection Waived - Bates.pdf
Adam-
Attached is the removal of my objection regarding Z2022214 – Harquahala Sun II re-
zoning proposal. I am removing my objection based on the commitments the developer has
made and I would kindly ask the County take the necessary steps to ensure the developer
adjustments/accomodations are incorporated into the re-zoning approval to ensure
accountability.
Thank you,
Matthew Bates
On Fri, Feb 24, 2023 at 10:39 AM Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
wrote:
Good morning Mr. Bates,
I am following up on my voicemail to you yesterday regarding Z2022214 – Harquahala Sun
II. The County received your letter of opposition that makes various requests regarding the
development of the property surrounding your property. As is required, that letter was
forwarded to the applicant to address concerns. Attached is the applicant’s response letter to
the County regarding your requests.
If you are available, I am reaching out to you to discuss their response and discuss the
county’s role/capacity is in terms of requirements for applicants. I will be available if you
would like to call me from 1-2pm today or from 4-5pm today. I will also be available
Monday during the morning to speak with you as well.
Best regards,
Adam Cannon, AICP
Senior Planner
PLANNING & DEVELOPMENT
301 W. Jefferson St., Suite 170 Phoenix, AZ 85003
O: 602-372-0292
MARICOPA.GOV
Facebook | Instagram | Twitter | YouTube
--
THX- Matthew Bates | 406-285-1652
1
April 14, 2022
Maricopa County Planning & Development Department
301 W Jefferson Street, Suite 170
Phoenix, AZ 85003
RE: Harquahala Sun II Project CPA2022015
After objecting to this project on January 29, 2023, I have subsequently talked with the developer and
county. At this time I wish to remove my objection to this re-zoning request. This is based on working with
the developer to address my concerns and my understanding of their committed adjsutments.
My residence is located at 51101 W Buckeye Rd, Tonopah AZ (legal description PT W2 NE4 DAF COM N4
COR SEC TH E 700.27F TO POB TH CONT E 259.82F TH S 1D 48M E 179.84F TH W 262F TH NLY 179.99F TO
POB).
As discussed with and agreed upon with the developer, I understand they have made the commitments
listed below. The waizer of my objection is based on all of these conditions being adopted by the developer
as part of their re-zoning approval.
Developer Commitments
•
Exclude privacy features, like slates, from fencing
•
Utilize a chain link fence, topped with barbed wire
•
Offset fence no less than 10’ from property line
•
Infrastructure no closer to 10’ from fence
•
Exclude from project area approximately 1 acre east of the parcel owned Matthew and Cynthia
Bates Living Trust. Excluded area is adjacent to the Bates property and is approximately 140’ N-S
and 330’ E-W.
•
Repair W Buckeye Rd from damage caused by construction traffic, and abate dust during
construction
•
Provide five-day notice to Bates family for disruption to Buckeye Rd beyond incidental disruption
and provide appropriate detour
•
Leave the two palm trees on the south side of the Bates property.
•
not locate inverters or transformers within 300 feet of existing residences.
•
Select and operate lights compatible with dark skies objectives.
Thank you for reviewing my letter and engaging with me to ensure a successful re-zoning that meets the
needs of residents as well as the Utility developer.
Sincerely,
Matthew Bates
51101 W Buckeye Rd, Tonopah AZ
matthewjerebates@gmail.com