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DEPARTMENT OF / /(7/Jr,nry Sr, /rr'S/7 kr`�'�
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Weld County Planning Department
GREELEY OFFICE* * PLEASE RESPOND WITHIN THREE DAYS.* * *
rn IF RESPONSE WILL BE DELAYED,
JUN n 3 2010 PLEASE NOTIFY "CTB GROUP" BY E-MAIL
OF EXPECTED DATE FOR RESPONSE.
RECEIVED V� T S �em Ita
RECOMMEl�iD ACTION: ��"
Narrative:
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METEROD OF RESPONSE:
Board Action
- Work Session
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BOARD ACTION: (INITIAL BY SC WO BK DL DR
, APPROVAL)
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AGREE WITH RECOMMENDATION -
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REFERRED TO FL/ %�i ur .Ti' ice/c FOR RECOMMENDATION.
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To Whom It May Concern:
We received a letter from Xcel Energy dated September 3, 2009 stating its intent to install a
high power gas line through our subdivision.
The letter mentioned open houses held April 8, and May 13, 2009. We were not notified of
these meetings and therefore were denied the opportunity to object to the consequences of a
high pressure gas line crossing a residential subdivision.
There was notification in the Windsor newspaper but we fail to see how that notified people in
the Berthoud area. This was the August 20th edition which certainly couldn't have notified
anyone of meetings in April and May.
Rumor has it that not all of the landowners were notified. Xcel's people say they are not
required to notify landowners but chose to inform some of them of Xcel's intent.
What criteria is used in determining which landowners should be told?
In a meeting at our home we explained our subdivision to Mike Morgan of Western States Land
Services and Xcel's Dan Tekavec. They claimed to know nothing about our subdivision. In other
words, they didn't do a proper due diligence.
We had our pre-application meeting with the Planning Department, Building Department and
Public Works on July 31, 2008.
Because of a car accident our plans were put on hold for awhile.
We requested, on March 24`h, 2009, a letter of commitment from Little Thompson Water
District. This was received March, 31, 2009 and our Sketch Plan Application was submitted to
Weld County Planning the first week of April 2009.
Our Change of Zone application has since been submitted.
Their original plan was to cross our property from east to west on the south property line. This
was where our detention pond would be located. They assured us that they would bore under
the pond and be responsible for repairs and able to perform them without flooding people to
the south.
We could not agree to this. They did not comment or seem interested in crossing the Morales
property and the Gibson farm then veering across the western part of our property so as not to
impact the Gibson home.
They wanted to discuss crossing our property to the north. We finally said we would discuss
this with our engineer.
Prior to being able to talk to the engineer,we received an email from Mike Morgan stating that
Xcel was going to install the pipeline across the northern boundary of our property. This was a
better location because it would have less of an impact on neighbors Stroh and Marty. It was
not explained why we should suffer a negative impact on 4 parcels of ground so as to benefit
the neighbors.
There is also the risk of a negative impact on the infrastructure of the irrigation ditch running
from east to west on the north boundary of our property which collects any run off from the
Ritter property.
There is also the possible damage to the underground irrigation pipe running north to south on
our west boundary as well as underground irrigation pipe running east to west on our north
boundary.
Mr. Ritter made improvements to his property to prevent flooding on his land and the previous
owner of our farm installed underground drainage pipe to make the northeast part of our farm
useable for farming and also to prevent any flooding of neighbors to the south. This drainage
pipe could be damaged by the installation of the gas line or possibly weakened and which then
could result in flooding at a later date. Xcel, however, will accept responsibility only during the
construction of the pipeline.
We explained all of this to Mike Morgan in a letter dated October 20, 2009 and told him we
could not agree to this high pressure gas line across our subdivision .
We expressed my concerns again in a letter dated November 8th in which I asked why Xcel is
able to go around the Larson subdivision in Johnstown and make a jog so as to go around the
Shultz subdivision to the west of us but cannot use a different route and avoid causing us to
suffer a loss of value to our lots or possibly the total loss of our subdivision.
Why is it necessary to go south of the section line between roads 46 and 48 to bore under I-25
and then back north to the section line. Why not go straight west from the bore?
Why not go north of said section line and then continue north to road 48? Is going south Xcel's
way of not having an impact on what was then the proposed Legacy Shore subdivision?
It seems Xcel can accommodate everyone but us. This is discrimination.
In Xcel's letter of November 19`h, Mike Morgan says they are no longer going through the
center of our subdivision. This was the first we had heard of that proposed route.
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On September 1, 2009 the Planning Commission approved USR 1706 without actual knowledge
of the extent of the damages this high pressure gas line would cause some of the landowners.
2A. The pipeline is not being installed so as to have the least impact on the irrigation and
drainage pipe on our property as described above.
Xcel will repair what's damaged during construction but any future loss due to the impact of
installing the pipe line will be the landowner's responsibility.
The amount of agricultural land on our property is the same length or acreage as that of other
properties without a subdivision in process.
2C. Crossing our subdivision impacts 4 parcels of land.
Minimizing crop damage is a concern, however, Xcel is willing to pay for loss of crops and soil
restoration and the following year crops can be planted on that easement. It is not a
permanent loss.
It is a safety issue when it crosses residential properties and safety will have to be addressed by
the Planning Department when making their decision to approve our subdivision.
A high pressure gas line through a residential subdivision diminishes the value of the lots if they
are even saleable.
2G. Which ever route is taken,the length of a section or% section is the same distance
regardless of where it is.
The proposed route along the section line impacts other residences. Why isn't the route along
Road 48?
Maps indicate that everything along Road 48 is open ground from I-25 to west of the Ritter
property. It would make more sense to utilize the open ground rather than destroying
residential subdivisions.
We had what was thought to be an alternative to Xcel's proposal but discussed it first with
Weld County Planning.
It was not feasible because heavy equipment and possibly a fire truck crossing the pipeline
could weaken the pipe and result in an unsafe situation.
The high pressure gas line will have to be considered in the Planning Commission's decision as
to whether or not approve our subdivision.
It was suggested that we not pay for any expensive requirements from the referrals until after
we have approval.
We were told that Xcel's appraiser had been there questioning status and dates. This upset the
Xcel man even though what was told to us was public information.
The question again was asked, "Why not move the gas line to the north?" The impact on Mr.
Ritter's property would be much less than it will be on ours and less expensive than what Xcel
will have to pay us.
While Dan Terkavec would not want to lose his retirement and all that he has worked for, he
could care less about the negative impact his gas line will have on the value of the lots in our
subdivision —if, in fact, the subdivision is approved.
Terkavec mentioned more than once at our last meeting that if the subdivision is not approved
it will not be Xcel's fault.
With no regard for the disastrous effect this will have on us financially, i.e. our retirement, and
the blatant discrimination against us, I can't help but wonder if his determination to go through
our subdivision and insuring that it won't be approved is his payback to someone who doesn't
want the subdivision to be approved.
We wrote another letter January 9, 2010 asking for help but received no response.
At our last meeting Terkavec said he would not move the pipeline in spite of the fact that I have
pictures showing open ground for miles across road 48.
Mike Morgan did not bother to investigate the placement of the underground drainage pipe by
talking to the previous owner as we had requested.
We question whether or not this pipeline meets the standard for "public use".
Going north across Ritter's property would be less expensive, would be less of a safety issue
and cause less damage .
We're asking for help.
We know Xcel has the right to condemn but do they have the right to destroy people?
Sincerely,
C7a 1 LLGc%L�t i.d s _It-
Jam$ P.Trott, Sr. Elizabeta5 A. Trott
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3654 E. 151st Avenue
Brighton, Co. 80602
April 6, 2010
David Long
Weld County Commissioner
915— 10th Street
Greeley, Co. 80632
Douglas Rademacher
Weld County Commissioner
915—10th Street
Greeley, Co. 80632
Barbara Kirkmeyer
Weld County Commissioner
915— 10th Street
Greeley, Co. 80632
Sean Conway
Weld County Commissioner
915— 10th Street
Greeley, Co. 80632
William Garcia
Weld County Commissioner
915— 10th Street
Greeley, Co. 80632
Ira J. Lamel, Director
Xcel Energy
41 Research Way
East Setauket, N.Y. 11733-3454
Chi Ho, Chairman of the Board
Xcel Energy
41 Research Way
East Setauket, N.Y. 11733-3454
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c.c. Congresswoman Betsy Markey
822—7th Street, Ste. 9
Greeley, Co. 80631
Senator Shawn Mitchell
Colorado State Capital
200 East Colfax
Denver, Co. 80203
House Representative Glen Baad
Colorado State Capital
200 East Colfax
Denver, Co. 80203
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