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HomeMy WebLinkAbout20080721.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1647 AND A 1041 PERMIT FOR A MAJOR FACILITY OF A PUBLIC UTILITY (FORT SAINT VRAIN GENERATING FACILITY AND ASSOCIATED NATURAL GAS PIPELINE) IN THE 1-3 (INDUSTRIAL) AND A (AGRICULTURAL) 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 5th day of March, 2008, at the hour of 2:00 p.m. in the Chambers of the Board,for the purpose of hearing the application of Public Service Company of Colorado, 550 15th Street, Suite 700, Denver, Colorado 80202, for a Site Specific Development Plan and Use by Special Review Permit#1647 and a 1041 Permit for a Major Facility of a Public Utility (Fort Saint Vrain Generating Facility and associated natural gas pipeline) in the 1-3 (Industrial) and A (Agricultural) Zone Districts, on the following described real estate, being more particularly described as follows: Parts of Sections 3 and 10,Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS,said applicant was represented by Marty Block, Fort Saint Vrain Plant Director, 16805 County Road 19.5, Platteville, Colorado 80651, at said hearing, 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. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 21-3-340 of the Weld County Code as follows: a. Section 21-3-340.A.1 -- 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 -- The natural and socio-economic environment of Weld County will be protected and enhanced. The majority of the facility already exists; the two new proposed turbines will be placed in an area that 2008-0721 PL1942 00 . et, Pk) . !f r)-3/ a,/OR SPECIAL REVIEW PERMIT#1647 - PUBLIC SERVICE COMPANY OF COLORADO PAGE 2 is zoned for Industrial uses. The installation of the new gas line will disturb agriculturally zoned ground, yet the use can be resumed once the pipeline is installed, as the disturbed areas will be returned to their original state. An existing gas line is currently being used to bring natural gas to the site and this will remain as it is. Other than the area where the new turbines will be placed, and the location of the new pipeline, the site will remain as it currently exists; any agricultural and oil and gas uses will continue on the site as they have been. This expansion will have minimal impact on the natural environment of Weld County. Expansion of the facility is proposed in order to meet the peak energy needs of the community, and the ability to meet the demand both protects and enhances the socio-economic environment of Weld County. c. Section 21-3-340.A.3 --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 Weld County and represents a fair and reasonable utilization of resources in the impact area. Expansion of the facility at the Fort Saint Vrain site is the result of the termination of a Purchase Power Agreement between Squirrel Creek Energy, LLC, and Public Service Company of Colorado (PSCo). Squirrel Creek Energy, LLC, was unable to meet its contract terms for provision of peak demand capacity by the expected date of service of the year 2009. PSCo needed to find a way to make up for the loss of peak capacity, or face the possibility of power outages in the summer of 2009. Options explored by PSCo to meet the shortfall included additional demand side management, interruptible load, capacity from expiring contracts, market purchases using transmission import capability, acceleration of other projects, and capacity available from area utilities. No resources or combination of resources could meet the shortfall, therefore, a new project was deemed essential to ensure the reliability of the system, and PSCo chose to develop additional resources on a site already owned by the company, as this option was seen to be the most efficient in terms of the time constraint and cost. The Fort Saint Vrain facility was selected for expansion after the evaluation of several other potential sites. The subject site was selected as the preferred alternative for the following reasons: a) there is sufficient land already zoned for industrial uses where the expansion may take place, b) there is access to the necessary supplies of natural gas, c) injection capacity on the electrical transmission lines exists, d) the existing facility's mechanical, water, and wastewater systems can support the proposed expansion, and e) the site has good access to regional highways, as well as rail access. d. Section 21-3-340.A.4 -- A satisfactory program to mitigate and minimize adverse impacts has been presented. The majority of the site is located within the center of a 640-acre parcel; adjacent property owners will experience little change in the existing conditions. Changes to vegetation in the area will be associated with the construction of the new pipeline; however, these areas will be restored once the construction project is 2008-0721 PL1942 SPECIAL REVIEW PERMIT#1647 - PUBLIC SERVICE COMPANY OF COLORADO PAGE 3 complete. Although the river corridors in the area are home to a wide range of wildlife, the project area itself is former farmland that is currently covered in short grasses and non-invasive herbaceous weeds, and, thus provides little habitat to wildlife. Construction of the proposed project will have a temporary impact on those species that use the area as a foraging area, and in the long term, the site will have negligible impact. The Colorado Division of Wildlife (CDOW) responded in its referral dated February 3, 2008, that it had no concerns with the proposal. Air quality of the proposed additional generators will be regulated by the Colorado Department of Public Health and Environment, Air Pollution Control Division, through a modification to the existing Air Emissions Permit. A noise study was conducted to assess noise levels from the existing and future operations on the site. The study concluded that the plant, operating at maximum capacity, is expected to be well below the Colorado Department of Public Health and Environment nuisance limit for residential property, except certain areas east of the plant which may occasionally experience noise levels greater than 50 decibels(the residential limit). The prediction for this area is a range from 38 to 52 decibels, and the high end of the predicted sound level is only two decibels greater than what is allowed in the Residential Zone District, resulting in a minimal impact. e. Section 21-3-340.A.5--The nature and location or expansion of the facility complies with all applicable provisions of the master plan of Weld County, and other applicable regional, metropolitan, state and national plans. The Towns of Platteville, Johnstown, and Mead submitted referral responses, dated January 4, January 4, and January 10, 2008, respectively, indicating that they have reviewed the request and find no conflicts with their interests. f. Section 21-3-340.A.6--The nature and location or expansion of the facility does not unduly or unreasonably impact existing community services. There are no known existing community services within Weld County which will be affected by this proposal. g. Section 21-3-340.A.7 --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. h. Section 21-3-340.A.8 -- The proposed facility is not in an area having generally adverse meteorological and climatological conditions which would interfere with, or obstruct, normal operations and maintenance. Section 21-3-340.A.9--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. No long-term impacts to jurisdictional wetlands, riparian areas, or floodplains are expected. 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. The facility will continue to use its 2008-0721 PL1942 SPECIAL REVIEW PERMIT #1647 - PUBLIC SERVICE COMPANY OF COLORADO PAGE 4 current water rights. There are two existing diversions from the Saint Vrain Creek and the South Platte River, a number of wells, and a water tap from the Central Weld County Water District currently serving the facility. Additional water needs resulting from the expansion of the site are expected to be provided from the Central Weld County Water District. The Beeman Ditch,a concrete-lined channel, passes through the project site and crosses the proposed pipeline alignment. This Ditch will be temporarily disrupted and then repaired after the construction is completed. As a Condition of Approval,the applicant shall supply an agreement,concerning the disruption of the ditch and conveyance of water, to the Department of Planning Services. j. Section 21-3-340.A.10 -- Adequate water supplies are available for facility needs. The facility will continue to use its current water rights. There are two existing diversions from the Saint Vrain Creek and the South Platte River, a number of wells, and a water tap from the Central Weld County Water District currently serving the facility. Additional water needs, resulting from the expansion of the site, will be met by the Central Weld County Water District. k. Section 21-3-340.A.11 -- 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. While there are other easements, utilities, and roads which exist in the area,the expansion of this site will not unduly interfere with them. Section 21-3-340.A.12--Adequate electric, gas,telephone,water, sewage, and other utilities exist, or shall be developed, to service the site. The Conditions of Approval and Development Standards will ensure that the facility is adequately served by the necessary services. m. Section 21-3-340.A.13--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 Wildlife, in its referral dated February 3, 2008, did not indicate any concern for wildlife. The application materials indicate there will be minimal impact to wildlife in the area. Previous surveys in the area, and consultation with the Colorado Historical Society, Office of Archaeology and Historic Preservation, have indicated that there are archaeological or historic sites of importance in the area. If cultural resources are discovered during construction, all land-altering activities at that location will be immediately suspended and the discovery left intact until such time that Public Service Company of Colorado, the consulting archaeologist, the State Historical Society, and/or the State Archaeologist are notified and appropriate measures taken to assure compliance with the National Historic Preservation Act and enabling legislation. 2008-0721 PL1942 SPECIAL REVIEW PERMIT #1647 - PUBLIC SERVICE COMPANY OF COLORADO PAGE 5 n. Section 21-3-340.A.14--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. The proposed expansion may have an impact on water or air quality, yet the expansion is not expected to significantly deteriorate water or air quality. The existing discharge permit, issued by the Colorado Department of Public Health and Environment, Water Quality Control Division, expired January 31, 2007, therefore, the applicant will need to supply a new discharge permit, to the Department of Planning Services, as a Condition of Approval. The emissions associated with the expansion of the facility are considered a minor modification to a major source;emissions on the site will continue to be regulated by the Colorado Department of Public Health and Environment, Air Pollution Control Division. o. Section 21-3-340.A.15-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. No hazardous geologic conditions exist within the proposed project area. No adverse geologic effects will occur as a result of the project. p. Section 21-3-340.A.16--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 - According to the application, there will be no changes to 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. r. Section 21-3-340.A.18-The benefits of the proposed development outweigh the losses of any natural resources or reduction of productivity of agricultural lands as a result of the proposed development. The proposed line will have minimal impact on existing and future land use. The property owned by PSCo is not currently under agricultural production. s. Section 21-3-340.A.19 -- 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, etcetera, with approval by the Board of County Commissioners. 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. t. Section 21-3-340.A.20 - 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: 2008-0721 PL1942 SPECIAL REVIEW PERMIT#1647 - PUBLIC SERVICE COMPANY OF COLORADO PAGE 6 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. All construction, operation, and maintenance activities will comply with all applicable federal, state, and local laws and regulations regarding the use of hazardous substances. u. Section 21-3-340.A.21 -The scope and nature of the proposed project will not unnecessarily duplicate existing services within the County. The proposed facility will address increasing demands for electricity in Colorado. v. Section 21-3-340.A.22 - If the purpose and need for the proposed project is to meet the needs of an increasing population within the County, the area and community development plans and population trends clearly demonstrate a need for such development. The purpose of the proposed plant expansion is to provide electric service which reliably meets peak energy needs and ensures an adequate and dependable supply of electrical power to meet the needs of the Colorado community. The Public Utilities Commission(PUC)will determine whether public convenience and necessity require the construction of this facility. Approval of this application is contingent on obtaining a Certificate of Public Convenience and Necessity (CPCN) from the PUC. 3. The Board agrees to grant the applicant's request for an early review and release of building permits for the initial phases of construction, prior to recordation of the plat, at the risk of the applicant. 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#1647 and a 1041 Permit for a Major Facility of a Public Utility(Fort Saint Vrain Generating Facility and associated natural gas pipeline) in the 1-3 (Industrial) and A(Agricultural) Zone Districts, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. Prior to recording the plat: A. The plat shall be labeled USR -1647. B. The plat shall be amended to delineate the following: 1) The attached Development Standards. 2008-0721 PL1942 SPECIAL REVIEW PERMIT#1647 - PUBLIC SERVICE COMPANY OF COLORADO PAGE 7 2) County Road 19.5 is classified as a collector status road and requires 80 feet of right-of-way at full buildout. There is presently 60 feet of right-of-way. An additional 10 feet shall be shown on the plat as future right-of-way. 3) Existing outdoor lighting shall be delineated on the plat. If additional lighting will be part of the expansion, new lighting must comply with Section 23-3-360.F of the Weld County Code, and the applicant shall show evidence that new lighting will comply with this standard. 4) All existing gas lines serving the existing facility shall be delineated on the plat. 5) The Reclamation Plan, concerning the restoration of the areas disturbed due to the construction, shall be delineated on the plat. This Plan shall be reviewed, and approved, by the Department of Planning Services. C. The applicant shall submit, to the Department of Planning Services, evidence that a Certificate of Public Convenience and Necessity (CPCN) has been issued by the Public Utilities Commission (PUC). D. The applicant shall submit, to the Department of Planning Services, evidence that a new discharge permit has been issued from the Colorado Department of Public Health and Environment, as the permit submitted with the application has expired. A copy of the draft permit is acceptable. E. The applicant shall submit, to the Department of Planning Services, evidence that the emissions permit for the facility has been amended to include the new facilities. F. The applicant shall submit, to the Department of Planning Services, evidence that all items of concern, listed in the referral from the Weld County Department of Public Health and Environment, dated January 29, 2008, have been addressed. G. The applicant shall submit, to the Department of Planning Services, evidence that all items of concern, listed in the referral from the Weld County Department of Public Works, dated January 28, 2008, have been addressed. H. The applicant shall submit, to the Department of Planning Services, evidence that all items of concern, listed in the referral from the Platteville/Gilcrest Fire Protection District, dated February 1, 2008, have been addressed. The applicant shall submit, to the Department of Planning Services, evidence that the concerns of the Colorado Office of the State Engineer, 2008-0721 PL1942 SPECIAL REVIEW PERMIT #1647 - PUBLIC SERVICE COMPANY OF COLORADO PAGE 8 Division of Water Resources, as outlined in the referral dated January 4, 2008, have been addressed. J. Special Use Permit(SUP)#43 shall be fully vacated, and the portion of Use by Special Review Permit#1063 covering the power plant shall be vacated. The applicant shall submit a letter requesting the partial vacation of Use by Special Review Permit #1063 to the Department of Planning Services for processing. The vacations shall be approved by the Board of County Commissioners. K. The applicant shall supply, to the Department of Planning Services, evidence that the Beeman Ditch users have been adequately informed of the proposed construction project,and that any of their concerns have been addressed. L. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. 2. Upon completion of Condition of Approval #1, the applicant shall submit a Mylar plat, along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty(30)days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3. The Department of Planning Services respectfully 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. 4. Prior to construction: A. The applicant shall submit evidence of a Colorado Discharge Permit System, or CDPS Permit, from the Colorado Department of Public Health and Environment (CDPH&E), Water Quality Control Division, to cover stormwater discharges from construction sites (5 CCR-1002-61). Alternately,the applicant may provide evidence from CDPH&E that they are not subject to the CDPS requirements. 2008-0721 PL1942 SPECIAL REVIEW PERMIT#1647 - PUBLIC SERVICE COMPANY OF COLORADO PAGE 9 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of March, A.D., 2008. ;i • BOARD OF COUNTY COMMISSIONERS ELD COUNTY, COLORADO ATTEST: �P� a ) Ll 3✓ 1 . m lr ' 'am H. Jerke, Chair Weld County Clerk to the `° 9. £f . 1 \la- Robert D. den, Pro-Tem BY: an y�� Dep Clerk the Board ( C W' m F. Garcia APP V AS TO c 1 David E. Long ty A orney 4d I Douglas ademacher Date of signature: 3i�I0 0 2008-0721 PL1942 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS PUBLIC SERVICE COMPANY OF COLORADO USR#1647 1. The Site Specific Development Plan and Use by Special Review Permit#1647, and a 1041 Permit for a Major Facility of a Public Utility (Fort Saint Vrain Generating Facility and associated natural gas pipelines) in the 1-3 (Industrial) and A(Agricultural)Zone Districts, is 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. 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. 4. 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. 5. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 6. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone District, as delineated in Section 25-12-103, C.R.S. 7. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 8. If applicable, the applicant shall obtain, and maintain compliance with, a Stormwater Discharge Permit from the Colorado Department of Public Health and Environment,Water Quality Control Division. 9. Fugitive dust shall be controlled on this site. 10. Adequate hand washing and toilet facilities shall be provided for employees and visitors. 11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes (Central Weld County Water District). 12. Portable toilets and bottled water,for drinking and sanitary purposes, may be utilized during the construction of the project. 13. Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 2008-0721 PL1942 DEVELOPMENT STANDARDS - PUBLIC SERVICE COMPANY OF COLORADO (USR#1647) PAGE 2 14. Effective August 1, 2005, building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee Programs. 15. A building permit shall be obtained prior to the construction of any structure, the change of use of any existing structure, or for the location of temporary structures on the site, as required by the Weld County Code. 16. A plan review is required for each building for which a building permit is required. Plans will be required to bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. 17. The applicant shall provide a letter of approval for building plans from the Platteville/ Gilcrest Fire Protection District,to the Weld County Department of Building Inspection,prior to the issuance of any building permit, as evidence of adequate fire protection. 18. All disturbed areas shall be reclaimed according to the Reclamation Plan. 19. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of exploration,development,completion, recompletion, re-entry, production, and maintenance operations associated with existing or future operations located on these lands. 20. The property owner acknowledges that mineral owners and lessees have real property interests that entitle them to surface use in accordance with Colorado State Statutes and applicable Colorado Oil and Gas Conservation Commission Regulations. 21. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 22. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 23. The applicant shall obtain all Weld County permits required by the Department of Public Works, as necessary, for working in Weld County rights-of-way, temporary road closures, etcetera, pertaining to this project. 24. The applicant shall maintain compliance with all state permits associated with this facility. 25. The applicant shall maintain compliance with the Migratory Bird Treaty Act. 26. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 27. If cultural resources are discovered during construction, all land-altering activities will be immediately suspended and the discovery left intact until such time that the Public Service Company of Colorado,the consulting archaeologist,the State Historical Society,and/or the 2008-0721 PL1942 DEVELOPMENT STANDARDS - PUBLIC SERVICE COMPANY OF COLORADO (USR #1647) PAGE 3 State Archaeologist, are notified and appropriate measures taken to assure compliance with the National Historic Preservation Act and enabling legislation. 28. Weld County Government personnel 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 Development Standards stated herein and all applicable Weld County regulations. 29. 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, 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. 30. 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. 2008-0721 PL1942 Hello