HomeMy WebLinkAbout20133335.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0032, FOR A MAJOR FACILITY OF A PUBLIC UTILITY (ONE
115 KV TRANSMISSION LINE EXTENDING APPROXIMATELY 2.5 MILES) IN THE
A (AGRICULTURAL), R-1 (LOW DENSITY RESIDENTIAL) AND 1-3 (INDUSTRIAL)
ZONE DISTRICTS - PUBLIC SERVICE COMPANY OF COLORADO
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 27th day
of November, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Public Service Company of Colorado, 1800 Larimer Street, Suite 400,
Denver, CO 80202, for a Site Specific Development Plan and Use by Special Review Permit,
USR13-0032, for a Major Facility of a Public Utility (one 115 kV transmission line extending
approximately 2.5 miles) in the A (Agricultural), R-1 (Low Density Residential) and
1-3 (Industrial) Zone Districts, on the following described real estate, being more particularly
described as follows:
The preferred route commences at the Monfort
Substation located in the NE1/4 of Section 33,
Township 6 North, Range 65 West and heads to
the middle of the SE1/4 of Section 33 then
continues west along the S1/2 of Section 33 and
terminates at the Lucerne Gas Plant Expansion in
the S1/2 of Section 32, Township 6 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing the board deemed it advisable to continue the matter to
December 11, 2013, to allow Kim Ogle, Planner, Weld County Department of Planning
Services, to attend the hearing, and
WHEREAS, on December 11, 2013, the applicant was represented by Derek Holscher,
Xcel Energy, 1800 Larimer Street, 4th Floor, Denver, CO 80202, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 21-3-330 of the Weld County Code.
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2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 21-3-340.A of the Weld County Code as follows:
A. Section 21-3-340.A.1 states: "The health, welfare and safety of the
citizens of the County will be protected and sewed." The Design
Standards (Section 23-2-240), Operation Standards (Section 23-2-250),
Conditions of Approval, and Development Standards ensure that there
are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
B. Section 21-3-340.A.2 states: "The natural and socio-economic
environment of the County will be protected and enhanced." There are no
significant prevalent natural hazards in the area that will affect, or be
affected by, the project. Historically, the area has been dominated by
irrigated agricultural uses.
C. Section 21-3-340.A.3 states: "All reasonable alternatives to the proposed
action, including use of existing rights -of -way and joint use of
rights -of -way wherever uses are compatible, have been adequately
assessed and the proposed action is compatible with, and represents the
best interests of, the people of the County and represents a fair and
reasonable utilization of resources in the impact area." Three (3)
transmission line corridor alternatives were evaluated to address the need
of the project.
1) Alternative 1 -- Taking no action would result in no power delivery
to the proposed substation at the Lucerne Gas Compressing Plant
expansion. Without the proposed substation, power for the project
would need to be supplied by generators. In order to run the
generators, DCP would need to include the emissions from the
generators into the air quality permit. Due to the Denver metro
airshed not meeting EPA mandated standards for air pollution, the
additional emissions from the generators would make an
emissions permit difficult and time consuming to obtain. The No
Action Alternative does not meet the need of the Project.
2) Alternative 2 -- Supply power to the proposed substation at the
Lucerne gas compressing plant expansion through the existing
PSCo 44 -kV transmission line; engineering review confirmed that
elements on the system are loaded to near the thermal rating
limits. It was also determined that no available room for load
growth exists on the 44 -kV system without significant
reinforcements.
3) Alternative 3 -- Construct a new transmission line connection from
the Monfort Substation to the proposed substation at the Lucerne
gas compressing plant. The construction of the new line provides
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a cost-effective, secure, and reliable source of power for the
proposed Lucerne Gas Compressing Plant expansion.
The applicants sought public input, on October 26, 2012, PSCo mailed a
letter to all landowners within the study area explaining the project and
the purpose that it would serve. The letter identified the Monfort
Substation, the DCP Lucerne Gas Compressing Plant, and explained that
the proposed transmission line must connect the two. Recipients were
provided with contact information and were invited to call PSCo with
comments or questions about the project, as well as input regarding
potential routes for the transmission line. PSCo staff spoke with each
individual who called.
Due to the minimal response from the public, PSCo went ahead and
identified three (3) route alternatives. A follow-up letter was mailed to all
the landowners within the study area on December 7, 2012, informing
them of the selection of three (3) route alternatives. The letter included a
map depicting the three (3) alternatives and asked the public to provide
their input by either calling or emailing PSCo directly or using a self
addressed, stamped envelope that was provided.
PSCo also held a public open house meeting at the Rodarte Community
Center on Wednesday March 13, 2013, from 4-6pm. At the meeting,
graphic materials and other information were on display and the public
was asked to provide their input. PSCo staff was also available to answer
any questions. Most of the questions from the public were around the
location of the transmission line and if the project could be constructed
and operated in a way so that current agricultural operations were not
significantly impacted.
As the preferred route was identified, PSCo staff reached out individually
to the landowners whose property would be impacted by that route. PSCo
continues to work with those landowners to minimize and mitigate
impacts to their properties.
The new 2.5 -mile transmission line would consist of approximately 25-28
structures. The structures would be single pole steel structures spaced
approximately 400-550 feet apart. The transmission line would have three
(3) conductors and an overhead optical ground wire for internal PSCo
communications. Transmission poles would be directly embedded in soil,
except at changes in direction of the line. At these locations, the poles
would be installed on reinforced concrete foundations, approximately 5-7
feet in diameter and 20-30 feet deep.
There are no socio-economic constraints associated with the project.
D. Section 21-3-340.A.4 states: "A satisfactory program to mitigate and
minimize adverse impacts has been presented." The Colorado Division of
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Parks and Wildlife and the State Historical Society did not return a referral
response. The vicinity of the project site is characterized by agricultural
uses, primarily farming and ranching. The surrounding vegetation
communities can be characterized as disturbed grassland. Permanent
removal of vegetation would occur at structure sites. Construction would
occur in an area that has been previously disturbed, and impacts to native
vegetation communities are expected to be minimal. Access would
incorporate the use of existing access drives as well as overland in nature
and minimal vegetation would be disturbed. The Cache La Poudre River
and Eaton Draw are located west of the Monfort Substation in Section 32
and outside of the project area. There is a floodplain located within the
project area, south of the substation, associated to the Cache La Poudre
River and Eaton Draw. PSCo will work with Public Works to obtain a
Flood Hazard Development Permit, if required. Neither wetlands, nor
wetland vegetation, was observed in association with the floodplain.
Impacts to wetlands and water resources would not occur from the
project. The project would not impact hydrologic flow of surface water or
groundwater, nor would it affect groundwater recharge.
Given the established use of the site and the surrounding agricultural use,
the area is unlikely to support quality habitat for many species. Common
wildlife such as coyote, fox, skunk, rabbits, and various birds are likely to
be present in the area and are expected to occasionally pass through the
site, but the site is not likely to support nesting or denning habitat for most
species. Only minimal impacts to wildlife are expected to occur, and these
would likely be limited to temporary disturbance from construction
activities. Mark Leslie, Area Wildlife Manager with Colorado Parks and
Wildlife, had a chance to review the details of the project early on.
Afterwards Mr. Leslie stated "at this time we don't have any serious
issues with the transmission line, but it will depend on the exact alignment
that is chosen and the timing of the year so as to avoid issues with
ground nesting birds and nesting/roosting raptors." To preclude avian
electrocutions and minimize collision risk, PSCo would incorporate its
Avian Protection Plan (APP) standards, developed in part, by using the
Avian Power Line Interaction Committee's Suggested Practices for Avian
Protection on Power Lines (APLIC 2006).
E. Section 21-3-340.A.5 states: "The nature and location or expansion of the
facility complies with all applicable provisions of the master plan of this
County, and other applicable regional, metropolitan, state and national
plans." The transmission line will be located within the three-mile referral
area of the City of Greeley, which returned a referral response dated May
22, 2013, noting that the route proposed is entirely contained within the
Long Range Expected Growth Area (LREGA) of the City of Greeley. This
is the area within which the City expects to grow over the next twenty (20)
plus years. This particular area within the LREGA is considered an
Industrial Employment area within the City's Land Use Guidance Map.
The extension of utility infrastructure makes future development of this
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area more likely, and where possible the City requires undergrounding of
new utilities. Finally, per the City of Greeley 2035 Comprehensive Plan,
"C" Street (County Road 62) will ultimately be a collector roadway with a
right-of-way width of ninety (90) feet. If alignment "Route C" is pursued,
then the location of the electric line shall be located outside of the future
road right-of-way, and if alignment "Route B" is pursued, the City code
requires street trees along right-of-way which generally conflict with
overhead power lines. The proposed route, Route B, will reduce utility
conflicts in the future as this area urbanizes.
F. Section 21-3-340.A.6 states: "The nature and location or expansion of the
facility does not unduly or unreasonably impact existing community
services." The applicant indicates that they will work with the Department
of Public Works to ensure there are no adverse effects on county roads.
PSCo will work with the Weld County Department of Public Works to
determine the appropriate construction method to access the construction
area. All mobile construction equipment would be certified to operate on
Interstate highways. There may be short periods of time when traffic
would be halted on North First Avenue to allow construction vehicles to
enter and exit the construction area. Approximately 30 construction
workers would be employed during the course of the approximately three
(3) month construction period. The maximum number of construction
workers at any one time would be approximately 15 workers. Given the
short construction schedule, the site will not generate significant demands
on community services, such as the school district.
G. Section 21-3-340.A.7 states: "The nature and location or expansion of the
facility will not create an expansion of the demand for government
services beyond the reasonable capacity of the community or region to
provide such services, as determined by the Board of County
Commissioners." It is anticipated that the project would have a small
beneficial impact to the local economy. Construction contractors,
regardless of origin, would likely spend money in the City of Greeley for
fuel, food, or other supplies. During the construction period, the local
economy may see a small influx of dollars and a small increase in sales
tax revenue. The footprints of the proposed structures would be the only
land removed from current use. Land between the transmission structures
would remain available for farming, grazing, or other operations that do
not interfere with safe and reliable operation of the transmission line. The
project area is located within District 1 of the Weld County Sheriffs Office
and is within the jurisdiction of the Eaton Fire Protection District. Public
roads are maintained by the Weld County Department of Public Works.
The nearest hospital is the North Colorado Medical Center, located in
Greeley. None of these services are expected to be affected, unless
emergency situations occur. The proposed project would not have any
adverse effects on physical or socioeconomic development of the area,
and the project would not cause any residents or businesses to be
displaced.
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H. Section 21-3-340.A.8 states: "The facility site or expansion area is not in
an area with general meteorological and climatological conditions, which
would unreasonably interfere with or obstruct normal operations and
maintenance." The proposed site was selected because it does not affect
the meteorological and climatological condition.
Section 21-3-340.A.9 states: "The nature and location of the facility or
expansion will not adversely affect the water rights of any upstream,
downstream or agricultural users, adjacent communities or other water
users." The application states that the project will not impact hydrologic
flow of either surface water or groundwater, nor will it affect groundwater
recharge. Existing drainage patterns will be preserved. Permanent
facilities would not be located in stream channels; appropriately sized
culverts will be installed to maintain channel flow and morphology.
J. Section 21-3-340.A.10 states: "Adequate water supplies are available for
facility needs." Bottled water will be used during construction of the
transmission line.
K. Section 21-3-340.A.11 states: "The nature and location of the facility or
expansion will not unduly interfere with existing easements, rights -of -way,
other utilities, canals, mineral claims or roads." The applicants have
negotiated land lease and easement agreements with property owners
within the transmission line corridor. Remaining agreements will be
obtained once the Weld County permitting processes are complete.
L. Section 21-3-340.A.12 states: "Adequate electric, gas, telephone, water,
sewage and other utilities exist or shall be developed to service the site."
This is an unmanned facility consisting of one (1) 115kV transmission
line; therefore, utility services are not required post construction. This is
an adequate level of electric, gas, telephone, water, sewage and other
utilities in the area.
M. Section 21-3-340.A.13 states: "The nature and location for expansion of
the facility will not unduly interfere with any significant wildlife habitat or
adversely affect any endangered wildlife species, unique natural resource
or historic landmark within the impact area." The Colorado Division of
Parks and Wildlife and the State Historical Society did not return a referral
response. The vicinity of the project site is characterized by agricultural
uses, primarily farming and ranching. The surrounding vegetation
communities can be characterized as disturbed grassland. Permanent
removal of vegetation would occur at structure sites. Construction would
occur in an area that has been previously disturbed, and impacts to native
vegetation communities are expected to be minimal. Access would
incorporate the use of existing access drives, as well as overland in
nature, and minimal vegetation would be disturbed. The Cache La Poudre
River and Eaton Draw are located west of the Monfort Substation in
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Section 32 and outside of the project area. There is floodplain located
within the project area, south of the substation, associated to the Cache
La Poudre River and Eaton Draw. PSCo will work with Public Works to
obtain a Flood Hazard Development Permit, if required. Neither wetlands
nor wetland vegetation was observed in association with the floodplain.
Impacts to wetlands and water resources would not occur from the
project. The project would not impact hydrologic flow of surface water or
groundwater, nor would it affect groundwater recharge. Given the
established use of the site and the surrounding agricultural use, the area
is unlikely to support quality habitat for many species. Common wildlife
such as coyote, fox, skunk, rabbits, and various birds are likely to be
present in the area and are expected to occasionally pass through the
site, but the site is not likely to support nesting or denning habitat for most
species. Only minimal impacts to wildlife are expected to occur, and these
would likely be limited to temporary disturbance from construction
activities. Mark Leslie, Area Wildlife Manager with Colorado Parks and
Wildlife, had a chance to review the details of the project early on.
Afterwards, Mr. Leslie stated "at this time we don't have any serious
issues with the transmission line but it will depend on the exact alignment
that is chosen and the timing of the year so as to avoid issues with
ground nesting birds and nesting/roosting raptors." To preclude avian
electrocutions and minimize collision risk, PSCo would incorporate its
Avian Protection Plan (APP) standards developed, in part, by using the
Avian Power Line Interaction Committee's Suggested Practices for Avian
Protection on Power Lines (APLIC 2006). PSCo performed a Class I
archaeological database search of the project area. Only two (2)
previously recorded sites were found within the project area. One site is
located north of the Lucerne Gas Plant and the other is south of the
Monfort Substation. Both are located outside any of the alternative routes
and would not be impacted by the project. Contact with Dan Corson at the
Colorado Office of Archaeology and Historic Preservation was made to
discuss the project. Mr. Corson had no issues with the project, as long as
the file search was completed and incorporated into the land use
application.
N. Section 21-3-340.A.14 states: "The nature and location or expansion of
the facility, including expected growth and development related to the
operation and provision of service, will not significantly deteriorate water
or air quality in the impact area." Construction would last approximately
three (3) months. Construction activities associated with the proposed
transmission line would generate less than significant amounts of
particulate matter from soil disturbances and diesel -powered equipment,
and less than significant amounts of carbon monoxide and the precursor
pollutants to ozone formation from tailpipe emissions. Any air pollutants
generated would be widely dispersed across the Project area, short term
in duration, and minimized by the small scale of construction operations
for excavating foundations and placing single pole transmission
structures. Air pollutants also would be minimized through implementation
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of dust suppression and proper vehicle maintenance. Therefore, project
construction is not expected to contribute to the air quality status in the
area. There would be no long-term air quality effects associated with
routine operation and maintenance of the proposed transmission line.
Once construction activities have been completed, but before vegetation
has been re-established, some minor amount of additional dust could
occur. The generation of dust would be monitored by PSCo, and the
appropriate action would be taken to control the dust and ensure that
potential wind erosion is minimized. Weld County is an attainment area
for all measured pollutants, including particulate matter smaller than 10
micrometers in diameter (PM10). The proposed project is an overhead
electric transmission line. No air emissions would result from operation of
the transmission line. There would be no direct impacts to water quality
associated with regular operation or maintenance of the transmission line.
The project would not create runoff in excess of historic levels and would
not change existing topography or adversely affect drainage. There would
be no alteration in the pattern or intensity of surface drainage as a result
of construction or operation of the transmission line. It is important to
state that a few transmission structures just outside the Monfort
Substation will be situated within the boundaries of a 100 -year or
500 -year floodplain (Firm Community Panel Map No. 080266 0628C,
dated September 28, 1982). PSCo will work with the County Floodplain
Administrator on the required plans and permits. A portion of the project
site is located within the Airport Critical Flight Zone within the Airport
Overlay District. However, there are no Code of Federal Regulations Part
77 restrictions (objects affecting navigable airspace) within the project
area. The project would not affect navigable airspace. During the siting of
the project, Greeley -Weld County Airport Manager, Gary Cyr, had a
chance to review the transmission line route alternatives. After review,
Gary stated that he didn't see any issue with impacts to the Greeley -Weld
County Airport and to please move forward with the project.
O. Section 21-3-340.A.15 states: "The geological and topographic features
of the site are adequate for all construction, clearing, grading, drainage,
vegetation and other needs of the facility construction or expansion." The
vicinity of the project site is characterized by agricultural uses, primarily
production agriculture, farming and ranching. The surrounding vegetation
communities can be characterized as disturbed grassland. The geological
and topographic features will be adequate for the transmission line
corridor as the transmission corridor is relatively flat with slopes of 0-9%
across the project site. Permanent removal of vegetation and agricultural
crops would occur at structure sites. Construction would occur in an area
that has been previously disturbed, and impacts to native vegetation
communities are expected to be minimal.
P. Section 21-3-340.A.16 states: "The existing water quality of affected state
waters will not be degraded below state and federal standards or
established baseline levels." There would be no direct impacts to water
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quality associated with the regular operation or maintenance of the
transmission line. The existing water quality of affected state waters will
not be degraded below state and federal standards or established
baseline levels by the project.
Q. Section 21-3-340.A.17 states: "The proposed project will not have a
significantly adverse net effect on the capacities or functioning of streams,
lakes and reservoirs in the impact area, nor on the permeability, volume,
recharge capability and depth of aquifers in the impact area." According
to the application, construction and maintenance of the transmission line
would not measurably impact surface water or groundwater quality.
Additionally, there would be no long-term impacts to surface water or
groundwater hydrology as a result of construction or operation of the
transmission line. The project would not impact hydrologic flow of either
surface water or groundwater, nor would it affect groundwater recharge.
Further, subsurface drainage would not be impacted by the proposed
transmission line. There would be no direct impacts to water quality
associated with regular operation or maintenance of the transmission line.
Project construction would not create runoff in excess of previous site
levels and would not change existing topography or adversely affect
drainage. There would be no alteration in the pattern or intensity of
surface drainage as a result of construction or operation of the
transmission line facility. Therefore, a Drainage Report is not required. A
range of measures ensuring the project does not impact water quality is
will be implemented prior to construction, including a Storm Water Permit
for Construction Activities would be acquired from the Colorado
Department of Public Health and Environment.
R. Section 21-3-340.A.18 states: "The benefits of the proposed
developments outweigh the losses of any natural resources or reduction
of productivity of agricultural lands as a result of the proposed
development" The majority of the site consists of agricultural uses,
primarily production agriculture, farming and ranching. The facility will
have limited impact on agricultural lands within the transmission line
corridor project site and minimal impact on future land use. Permanent
facilities upon completion will only cover approximately 23 acres.
S. Section 21-3-340.A.19 states: "The applicant has obtained, or will obtain,
all property rights, permits and approvals necessary for the proposed
project, including surface, mineral and water rights and easements for
drainage, disposal, utilities, access, etc." If the applicant has not obtained
all necessary property rights, permits and approvals, the Board may, at its
discretion, grant the permit conditioned upon completion of the acquisition
of such rights prior to issuance of a zoning or building permit by the
County. The application indicates that individual land lease agreements
have been obtained or will be obtained between PSCo and the affected
property owners. The applicant has obtained, or will obtain, all property
rights, permits and approvals necessary for the proposed project,
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including surface, mineral and water rights and easements for drainage,
disposal, utilities, access, et cetera, with approval by the Board of County
Commissioners.
T. Section 21-3-340.A.20 states: "The proposed project (nonlinear facilities)
will not present an unreasonable risk of exposure to, or release of toxic
or hazardous substances within the impact area." The determination of
effects of the project shall include the following considerations:
1) The means by which outdoor storage facilities for fuel, raw
materials, equipment and related items are adequately enclosed
by a fence or wall.
2) The likelihood of hazardous materials or wastes being moved off
the site by natural causes or forces.
3) Containment of inflammable or explosive liquids, solids or gases.
The proposed project will not present an unreasonable risk of exposure to
or release of toxic or hazardous substances within the impact area.
There are no fuel facilities, raw materials, wastes, inflammable or
explosive liquids, solids, or gases located along the transmission line
alignment, or on any site associated with this proposal. The Health
Department is requiring that a waste handling plan be submitted as a
Condition of Aproval.
U. Section 21-3-340.A.21 states: "The scope and nature of the proposed
project will not unnecessarily duplicate existing services within the
County. The scope and nature of the proposed project will not
unnecessarily duplicate existing services within the county." The
proposed transmission line will address a specific demand for electricity
for DCP Midstream's Lucerne Gas Plant and enable this facility to meet
its long term air attainment requirements.
V. Section 21-3-340.A.22 states: "If the purpose and need for the proposed
project are to meet the needs of an increasing population within the
County, the area and community development plans and population
trends demonstrate clearly a need for such development."The purpose of
the 115 kV transmission line is to provide the DCP Lucerne Gas Plant
with electric service that is reliable and operates efficiently while helping
to ensure an adequate and dependable supply of electrical power to meet
the needs for future development. Further, the City of Greeley in the
referral dated May 22, 2013, noted that the preferred route proposed is
entirely contained within the Long Range Expected Growth Area
(LREGA) of the City of Greeley which the City expects to grow over the
next twenty plus years. The extension of utility infrastructure makes
future development of this area more likely. The project is proposed in
response to DCP Midstream's need for additional energy resources to
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meet their electric service demands at the Lucerne Gas Plant. Public
Service Company of Colorado (PSCo), an Xcel Energy Company,
proposes to construct a new 115 -kilovolt (kV) electric transmission line in
unincorporated Weld County, Colorado. PSCo is requesting approval of
the preferred route for the proposed DCP Lucerne 115 -kV Transmission
Line Project. The purpose of this project is to serve the electrical needs of
DCP. DCP is a business that's in the midstream segment of the natural
gas industry. As part of its business, DCP gathers natural gas from
wellheads, performs gas processing, and transmits final products to
customers via pipelines. In Weld County, DCP operates an extensive
network of gathering pipelines as well as seven gas producing plants. The
area has recently seen rapid expansion as new drilling technologies are
allowing more oil and gas to be produced. As a result, gas gathering and
processing capacity needs to be expanded in order to meet the growing
production. To meet these needs, DCP is proposing to expand their
existing Lucerne gas compressing plant, which will include the
construction of a new transformer station to facilitate the required
electricity for the expansion. In order to satisfy the electric power
requirements, DCP has requested that PSCo construct a radial 115 -kV
transmission line from the existing PSCo Monfort Substation to DCP's
new on site transformer station which will be located adjacent to the
expanded Lucerne Gas Compressing Plant.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Public Service Company of Colorado, for a Site
Specific Development Plan and Use by Special Review Permit, USR13-0032, for a Major
Facility of a Public Utility (one 115 kV transmission line extending approximately 2.5 miles) in
the A (Agricultural), R-1 (Low Density Residential) and 1-3 (Industrial) Zone Districts, on the
parcel of land described above be, and hereby is, granted subject to the following conditions:
1. The applicant agrees to implement any reasonable measures deemed necessary
by the Planning Commission to ensure that the health, safety, and welfare of the
inhabitants of Weld County will be protected and to mitigate or minimize any
potential adverse impacts from the proposed facility.
2. Prior to recording the plat:
A. The applicant shall address the requirements of the Department of Public
Works, as stated in the referral dated June 3, 2013.
B. A copy of the signed and recorded (construction and post -construction)
lease agreements (or other acceptable authorization from property
owners) shall be submitted to the Department of Planning Services.
C. A copy of signed and recorded Ditch Crossing Agreements (or other
acceptable authorization) from ditch rights -of -way crossed by the pipeline,
shall be provided to the Department of Planning Services.
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D. A copy of signed and recorded Public Service of Colorado, Xcel Energy
Agreements (or other acceptable authorization) from Public Service of
Colorado, Xcel Energy rights -of -way crossed by the pipeline shall be
provided to the Department of Planning Services.
E. The applicant shall contact the Colorado Department of Transportation
(CDOT), Utilities Division, to obtain the appropriate permits for the
crossing or entering of CDOT right-of-way.
F. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0032.
2) The plat shall be prepared in accordance with
Sections 23-2-260.D and 23-2-390 of the Weld County Code.
3) The attached Development Standards.
4) The final location of the up to 75 -foot permanent transmission line
easement with dimension of permanent right-of-way, property
ownership, parcel number, all easements of record, and all
physical encumbrances.
5) The applicant shall indicate, specifically on the plat, the type of
right-of-way/easement and indicate whether it is dedicated,
private, or deeded to provide adequate access to the parcel. Road
right-of-way shall also be indicated on the plat.
6) The location of FEMA's floodplain boundaries.
7) North 1st Street, North 1st Avenue and Balsam Avenue are
designated on the Weld County Road Classification Plan as local
roads, which require 60 feet of right-of-way at full buildout. The
applicant shall verify the existing right-of-way and the documents
creating the right-of-way and this information shall be noted on the
plat. All setbacks shall be measured from the edge of future
right-of-way. If the right-of-way cannot be verified, it shall be
dedicated. These roads are maintained by Weld County.
8) County Road (CR) 64 is designated on the Weld County Road
Classification Plan as an arterial road, which requires 140 feet of
right-of-way at full buildout. There is presently 60 feet of
right-of-way. An additional 40 feet shall be delineated on the plat
as future CR 64 right-of-way. All setbacks shall be measured from
the edge of future right-of-way. The applicant shall verify the
existing right-of-way and the documents creating the right-of-way
and this information shall be noted on the plat. If the right-of-way
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SPECIAL REVIEW PERMIT (USR13-0032) - PUBLIC SERVICE COMPANY OF COLORADO
PAGE 13
cannot be verified, it shall be dedicated. This road is maintained
by Weld County.
9) The City of Greeley 2035 Comprehensive Transportation Plan
states that 1st Avenue (CR 41), Balsam Avenue, and "O" Street
(CR 64) will ultimately be two lane collector roadways with a right-
of-way width of 90 feet. The location of the overhead power line
shall be situated outside of the future roadway right-of-way.
3. One month prior to construction activities:
A. The applicant shall contact the Permitting/Inspection agent for Weld
County Department of Public Works for a Right -of -Way permit for any
work that may be required in the right-of-way. A special Transport Permit
will be required for any oversized or overweight vehicles that may access
the site and may also be obtained through the same office.
B. A vehicle tracking pad will be required at all crossings to keep from
tracking mud or debris on to Weld County roads.
4. Upon completion of Conditions of Approval #1, 2, and 3 above, the applicant
shall submit an electronic version (.pdf), or three (3) paper copies, of the plat to
the Weld County Department of Planning Services for preliminary approval. The
plat shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. Upon approval of the plat, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat and additional requirements shall be submitted within one
hundred twenty (120) days from the date of the Board of County Commissioners
Resolution. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The applicant shall
be responsible for paying the recording fee.
5. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall added for each additional three (3)
month period.
6. The Department of Planning Services respectively requests the surveyor provide
a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg,
.dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles,
Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred
format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file
may be sent to maps@co.weld.co.us.
7. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
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SPECIAL REVIEW PERMIT (USR13-0032) - PUBLIC SERVICE COMPANY OF COLORADO
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of December, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WEL, COLORADO
ATTEST:
Weld County Clerk to the Board
BY
AP
William F. Garcia, Chair
c� Is��
ougliys Rademacher, Pro-Tem
eputy C = to the Boar• ✓ `®
an P. Conway
Attorney
Date of signature: .IAN 2 1 7014
II, Freeman
BuG;6 %
arbara Kirkm
yer
(AYE)
(NAY)
(AYE)
AYE
(NAY)
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PL2233
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PUBLIC SERVICE COMPANY OF COLORADO
USR13-0032
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0032, is
for a Major Facility of a Public Utility (one (1) 115kV transmission line extending
approximately 2.5 miles) in the A (Agricultural), R-1 (Low Density Residential), and 1-3
(Industrial) Zone Districts, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. A vehicle tracking pad will be required at all crossings to keep from tracking mud or
debris on to Weld County roads.
4. There shall be no parking or staging on Weld County Roads. The applicant shall utilize
the private easements or rights -of -way.
5.. The contractor will utilize an existing contractor yard at the Monfort/Lucerne sites for its
base of operations with no new proposed staging or lay -down yards. An up to 75 -foot
private easement will be used for the transmission line.
6. A Right -of -Way Permit will be required at each County Road crossing, along with
approved signing details. The applicant shall work with the Weld County Public Works
Utility Coordinator.
7. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Section 15-1-180 of the Weld County Code.
8. All parking and vehicle storage shall be provided on the site. Parking shall not be
permitted within any public right-of-way.
9. The Monfort substation is in a Special Flood Hazard Area (SFHA), as determined by the
Federal Emergency Management Agency (FEMA). A Flood Hazard Development Permit
(FHDP) will be required for any structures or proposed work within a floodplain. This
floodplain area is in a special MS4 drainage area and will require a higher level of Best
Management Practices (BMP's).
10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
11. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
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DEVELOPMENT STANDARDS (USR13-0032) - PUBLIC SERVICE COMPANY OF
COLORADO
PAGE 2
12. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The facility shall operate in accordance with the approved Waste Handling
Plan, at all times.
13. Fugitive dust and fugitive particulate emissions shall be controlled along the construction
route. The facility shall operate in accordance with the approved Dust Abatement Plan,
at all times.
14. Adequate toilet facilities (portable toilets) and hand washing units shall be provided
during construction of the project.
15. Bottled water shall be utilized for drinking during construction of the project.
16. Environmental Protection Measures for Construction Projects, as identified in
Appendix B of the application, shall be adhered to.
17. This facility shall adhere to the maximum permissible noise levels allowed in the
Non -Specified Zone, as delineated in Section 14-9-30 of the Weld County Code.
18. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit
requirements, as stipulated by the Air Pollution Control Division, Colorado Department of
Public Health and Environment, as applicable.
19. The operation shall comply with all applicable rules and regulations of the state and
federal agencies and the Weld County Code.
20. Building permits issued on the property will be required to adhere to the fee structure of
the County -Wide Road Impact Fee Program.
21. Building permits issued on the property will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
24. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
25. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or stated,
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DEVELOPMENT STANDARDS (USR13-0032) - PUBLIC SERVICE COMPANY OF
COLORADO
PAGE 3
shall require the approval of an amendment of the Permit by the Weld County Board of
County Commissioners before such changes from the plans or Development Standards
are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
26. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
27. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat and recognized at all times.
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