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HomeMy WebLinkAbout20071752.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved byTom Holton, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1597 APPLICANT: Platte River Power Authority PLANNER: Jacqueline Hatch LEGAL DESCRIPTION: Parts of Sections 8, 9, 10, 16, 17 and 18,T3N, R67W and parts of Sections 8, 9, 10, 11, 13, 14, 17, 20,29 and 30, T3N, R68W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility (Fort St Vrain to Fordham 230 kV Transmission Circuit - addition of a 230 kV circuit to an existing transmission line and construction of a new underground 230 kV electrical transmission line for 14 miles within Weld County)in the A (Agricultural), R-1 (Residential), and 1-3 (Industrial)Zone Districts. LOCATION: Commencing at the Fort St Vrain Power Plant located south of CR 36 and approximately 1/2 mile east of CR 19, then traveling in a southwesterly direction along an existing line between the Fort St Vrain Substation and a point just east of Long's Peak Substation north of Mead Reservoir. From that point the line will traverse to the south underground approximately 1/2 mile south of SH 66, then turn and head west running parallel with SH 66 into Boulder County. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Chapter 21 of the Weld County Code. 2. It is the opinion of the Department of Planning Services's staff that the applicant has shown compliance with Section 21-3-340. A of the Weld County Code, as follows: Section 21-3-340.A.1 —The health, welfare and safety of the citizens of the County will be protected and served. 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 health, safety, and welfare of the inhabitants of the neighborhood and County. Section 21-3-340.A.2-The natural and socio-economic environment of the County will be protected and enhanced. The existing right-of-way is currently being used as an electric transmission corridor,with agricultural uses continuing on the land within the right-of-way. There would be no loss of agricultural use under the overhead transmission lines or above the underground transmission line segments. The new right-of-way for the underground segment of the transmission line will not result in any long term impacts to current land uses as the transmission line will be located underground. 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 the County and represents a fair and reasonable utilization of resources in the impact area. EXHIBIT I '3 USE_ 469") USR-1597 Platte River Power Authority Page 1 2007-1752 Resolution USR-1597 Platte River Power Authority Page 2 The methods used to identify alternative locations for the 230kV transmission line began with delineating the Project Area between the Fort Saint Vrain Substation in the northeast and the Fordham Substation in the southwest. Areas that presented obvious constraints were eliminated from further consideration.A site selection process was then used to evaluate a range of resources in the area and determine alternative corridors that would minimize impacts to environmental resources and remain economically feasible. With the Project Area was defined,data was acquired for the Project Area to determine which areas offer the most opportunity for siting the transmission line and which sensitive areas should be avoided. Each resource in the Project area was categorized as an opportunity, avoidance, or exclusion, based on how resources in those areas might be impacted by the Project. Resource data were categorized and mapped and then combined to provide visual representation of the Project area and to create an opportunities and constraints composite map for siting alternatives. Opportunity areas include existing right-of-ways for linear facilities, such as existing transmission lines, railroads, or major transportation corridors. Linear facilities that provide suitable access for construction and maintenance are compatible. Avoidance areas include sensitive areas that would likely incur adverse environmental or land use effects if used by the Project. Avoidance criteria also apply to areas where potential effects from the Project may resulting seasonal construction restrictions for example, to avoid sensitive wildlife species' nesting and breeding periods). It is preferable to avoid these areas when less damaging alternatives are equally or more practical. Exclusion areas have the highest level of sensitivity. Legislative constraints or extreme geophysical conditions are not compatible with transmission line construction, operation, or maintenance. A transmission line located in these areas results in more environmental effects, higher costs, and additional regulatory approvals. The applicant also sought out public involvement and comment for the proposed alignment. Three public open houses were held regarding the Project, the first was held in the Town of Mead on February 9, 2005. The second was held in the City of Longmont on February 16,2005 and the third open house was also held in the City of Longmont on September 7, 2006. Invitations were mailed on January 28,2005 to owners of property within '/2 mile of each alternative alignment in the Town of Mead and unincorporated Weld County and within 660 feet of each alternative alignment in the City of Longmont and Unincorporated Boulder County. Invitations were mailed on August 2006 to property owners with 250 feet of the alignment from the Longs Peak Substation to the Fordham Substation. Approximately 50 people attended the public open house meetings while others sent comments by e- mail and/or phone. The written comments that were received focused primarily on visual effects, effects of electric magnetic fields, and the location of the underground segment in the City of Longmont. Public involvement and community values are important considerations in selecting a preferred alternative. After receiving input from the first two open house meetings. The preferred alternative was brought before the Platte River's Board of Directors. The Project presented in this application reflects the alignment authorized by the Platte River Board of Directors. The Project and its configuration are based on the ability to use exiting rights of way, cost effectiveness, reduced environmental impacts, and public input. The proposed 230 kV transmission line route includes approximately 21.90 miles of which 14 miles are located within Weld County(.10 miles within the City of Longmont, 1.20 miles located within the USR-1597 Platte River Power Authority Page 2 Resolution USR-1597 Platte River Power Authority Page 3 Town of Mead and 12.40 miles located in unincorporated Weld County). Platte River Power Authority owns, operates, and maintains the existing Fort Saint Vrain to Longs Peak 230 kV transmission line between Fort Saint Vrain Substation and Platte River's Longs Peak Substation, located approximately 1.5 miles west of the Town of Mead. The existing transmission line,energized in 1979,consists of poles that,although constructed for double-circuit operation, are currently configured for single-circuit operation on one side,with empty arms capable of supporting an additional 230 kV circuit on the other side. An approximately 8 mile circuit consisting of three additional conductors would also be installed on the existing poles between the Fort Saint Vrain Substation and a point northeast of Longs Peak Substation. Four new poles would be required where the route changes direction between the Fort Saint Vrain Substation and the Town of Mead. The existing transmission poles at these locations were designed to carry only a single circuit because of the angle of the alignment. The new poles would be placed within 15 to 20 feet of the existing poles with the existing right-of-way. The new poles would be similar in color, height and diameter to the existing poles. An overhead to underground transition pole would be located east of Longs Peak Substation near the Town of Mead and within the existing right-of-way. From this transition pole to the Weld County/Boulder County line, the Project would be constructed entirely underground. Rights of way would be obtained from landowners of properties along the underground segment of the Project in Weld County. The proposed line would continue in underground and overhead configurations for approximately 8 miles through the City of Longmont and unincorporated Boulder County using the existing transmission line right-of-way. The power for the Project is generated at Platte River's Rawhide Energy Station; the Craig Station; and the Federal Hydroelectric Generation Facilities in the western United States. The Rawhide Energy Station and Craig Station are powered by low-sulfur coal from the Powder River Basin coalfields in north-central Wyoming and mines in western Colorado near Craig. There are no socio-economic constraints associated with the project. Section 21-3-340.A.4--A satisfactory program to mitigate and minimize adverse impacts has been presented. The US Army, Corps of Engineers (USACOE) did not respond to the referral. As a condition of approval the applicant shall contact the US Army, Corps of Engineers to verify if any permit is required. The applicant has stated that they will obtain the USACOE Nationwide Permit 12 should waterways or any associated jurisdictional wetlands be impacted by the proposed alignment. Flood Hazard Development Permits, will also be required by the County for development within the recognized and delineated flood plain and flood way areas. The State of Colorado, Division of Wildlife(CDOW)did not respond to the referral. The US Fish and Wildlife Service (USFWS) in their referral dated March 28, 2007 have outlined that they will be working with the Platte River Power Authority to develop appropriate mitigation measures that are compatible with Project goals that will minimize impacts to wildlife along the proposed corridor. As a Condition of Approval the applicant will need to provide to the Department of Planning Services written evidence that the US Fish and Wildlife Service concerns have been addressed. Three waterway crossings are located along the underground segment of the Project. Platte River Power Authority will obtain a Nationwide Permit 12 from USACOE prior to construction. This permit covers temporary impacts to waterways and any jurisdictional wetlands that may exist. No long term impacts to wetlands or riparian areas are expected. The underground segments of the line would be restored and revegetated once construction is completed. The overhead segments would span all wetland habitats and the riparian areas would be spanned to the greatest extent feasible. USR-1597 Platte River Power Authority Page 3 Resolution USR-1597 Platte River Power Authority Page 4 The applicant has noted in the application that an active bald eagle nest site is located approximately 1/2 mile northwest of the project area. The line upgrade would occur in the existing right-of-way and would occur outside of the breeding season. 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 this County, and other applicable regional, metropolitan, state and national plans. The Towns of Platteville and Milliken responded to the referral dated April 10, 2007 and March 30, 2007 respectively indicating that they have reviewed the request and find no conflicts with their interests. The City of Longmont in their referral dated April 11, 2007 states that Longmont Power& Communications is supportive of this project. No comments were received from the Towns of Berthoud, Firestone, Johnstown, and Mead, along with Boulder and Larimer County. Section 21-3-340.A.6 --The nature and location or expansion of the facility does not unduly or unreasonably impact existing community services. The preferred Project alignment does traverse through the Town of Mead and the City of Longmont within Weld County. The route does not go through any other municipalities in Weld County. The preferred transmission route is part of an addition to a 230 kV circuit to an existing transmission line that is approximately 9 miles and the construction of a new underground 230 kV electrical transmission line for approximately 5 miles. There are no known existing community services that would be affected by this proposal within Weld County. 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. The demand for government services in Weld County should not expand because of the project. Section 21-3-340.A.8--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 230kV transmission line 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 or riparian areas are expected. The applicant will apply for a Nationwide Permit 12 after receiving permit approval if warranted. The underground segments of the line would be restored and revegetated once construction is completed. The overhead segments would span all wetland habitats. Riparian areas would be spanned to the greatest extent feasible. The Project alignment 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. If access roads cross stream channels, appropriately sized r-. culverts will be installed to maintain channel flow and morphology. No existing water rights would be impacted, and there would be no long-term use of water. USR-1597 Platte River Power Authority Page 4 Resolution USR-1597 Platte River Power Authority Page 5 When required to construct a line in the 100-year flood plain areas,the applicant will coordinate with Weld County regarding any flood plain hazards and design of the proposed line to withstand any potential flooding that may be experienced. Platte River Power Authority would design the Project to withstand any potential flooding that may be experienced. Section 21-3-340.A.10--Adequate water supplies are available for facility needs. The proposal does not require water for the facilities. Bottled water will be brought to the site for the workers during construction of the switching station and transmission line. 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. Platte River Power Authority obtained an easement for the existing transmission line from Fort Saint Vrain to Longs Peak Substation in 1977/1978. The overhead segment of the Project would be entirely contained in the existing 100 feet wide and 9 miles long Fort Saint Vrain to Longs Peak 230 kV transmission line right-of-way. The new underground easement will be 25 feet wide and an additional 30 feet of temporary construction easement will be acquired to enable the construction equipment to operate around the open trench. 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 power for the Project is generated at Platte River's Rawhide Energy Station; the Craig Station; and the Federal Hydroelectric Generation Facilities in the western United States. The Rawhide Energy Station and Craig Station are powered by low-sulfur coal from the Powder River Basin coalfields in north-central Wyoming and mines in western Colorado near Craig. 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 US Army, Corps of Engineers (USACOE) did not respond to the referral. As a condition of approval the applicant shall contact the US Army, Corps of Engineers to verify if any permit is required. The applicant has stated that they will obtain the USACOE Nationwide Permit 12 should waterways or any associated jurisdictional wetlands be impacted by the proposed alignment. Flood Hazard Development Permits, will also be required by the County for development within the recognized and delineated flood plain and flood way areas. The State of Colorado, Division of Wildlife(CDOW)did not respond to the referral. The US Fish and Wildlife Service (USFWS) in their referral dated March 28, 2007 have outlined that they will be working with the Platte River Power Authority to develop appropriate mitigation measures that are compatible with Project goals that will minimize impacts to wildlife along the proposed corridor. As a Condition of Approval the applicant will need to provide to the Department of Planning Services written evidence that the US Fish and Wildlife Service concerns have been addressed. Three waterway crossings are located along the underground segment of the Project. Platte River Power Authority will obtain a Nationwide Permit 12 from USACOE prior to construction. This permit covers temporary impacts to waterways and any jurisdictional wetlands that may exist. No long term impacts to wetlands or riparian areas are expected. The underground segments of the line would be USR-1597 Platte River Power Authority Page 5 Resolution USR-1597 Platte River Power Authority Page 6 restored and revegetated once construction is completed. The overhead segments would span all wetland habitats and the riparian areas would be spanned to the greatest extent feasible. The applicant has noted in the application that an active bald eagle nest site is located approximately %3 mile northwest of the project area. The line upgrade would occur in the existing right-of-way and would occur outside of the breeding season. The applicant states should any previously unknown historic or prehistoric sites or artifacts be encountered during construction, all land altering activities at that location will be immediately suspended and the discovery left intact until such time that Platte River Power Authority notifies 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. 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 Project will have no long term impact on water or air quality. During construction,some fugitive dust may be generated during periods of dry weather in areas where soil has been disturbed for installation of new poles or construction of the underground segment. The contractor will control dust by applying water to any such disturbed areas. The proposed Project is an overhead electric transmission line. No air emissions will result from operation of the transmission line.No long-term adverse air quality effects will occur from the Project. A bored casing for conduit and cable may be installed under irrigation ditches and/or creeks where necessary. Otherwise,trenching would occur during low-flow periods.This method would not require water diversion. Methods of construction will be determined during the engineering phase. All temporary construction related impacts to waterways would be in conformance with a NWP 12 permit. 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 right-of-way. No adverse geologic effects would occur as a result of the Project. Soil shrink/swell potential and erodibility are present, including predominantly low potential with a few areas of none, medium and high potential. The proposed transmission corridor includes the Wiley- Colby-Weld and Aquolls-Aquents-Bankard soil complexes. 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. The existing water quality of affected state waters will not be degraded below State and Federal standards or established baseline levels by the project. Section 21-3-340.A.17—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, ,r—• volume, recharge capability and depth of aquifers in the impact area. USR-1597 Platte River Power Authority Page 6 Resolution USR-1597 Platte River Power Authority Page 7 According to the application, there are three waterway crossings located along the underground segment of the Project. The applicant will continue to work with State and Federal agencies to address setbacks and other concerns from these known and delineated natural features. Section 21-3-340.A.18 — 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 proposed line will have minimal impact on existing and future land use. 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,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 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, et cetera, with approval by the Board of County Commissioners. 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: a. The means by which outdoor storage facilities for fuel, raw materials,equipment and related items are adequately enclosed by a fence or wall. b. The likelihood of hazardous materials or wastes being moved off the site by natural causes or forces. b. 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 and the Platte River Power Authority procedures regarding the use of hazardous substances. Section 21-3-340.A.21 — 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 duplicate existing services within the County. The proposed facility will address increasing demands for electricity in Colorado. Section 21-3-340.A.22—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 proposed line is to provide the area 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 of the City of Longmont, Colorado. USR-1597 Platte River Power Authority Page 7 Resolution USR-1597 Platte River Power Authority Page 8 The percentage of capacity at which the transmission system operates changes as electric loads change and with outages of other interconnected transmission lines. Platte River Power Authority's studies indicate that if there had been an outage of any one of two major transmission elements in Longmont during the summer of 2006, the transmission system would have been overloaded with high demand. The Project is needed to (1)enable the Platte River Power Authority to meet projected electric load growth resulting from commercial and residential development and existing customers using more electric appliances and devises at home and at work,and(2)provide system protection and reliability for non-interrupted services should an existing transmission circuit be out of service for any reason. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Weld County Planning Commission recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording the plat. The completed plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 60 days of approval by the Board of County Commissioners. (Department of Planning Services) 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) 3. Prior to recording the USR plat: A. The plat shall be amended to delineate the following: 1. All sheets shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 2. All sheets shall be labeled USR-1597 (Department of Planning Services) 3. The Development Standards associated with this application. (Department of Planning Services) 4. Graphically delineate the locations of the transmission line relative to sensitive areas as identified in the US Department of the Interior, Fish and Wildlife Service, referral dated March 28,2007 or the most recent correspondence of record. (Department of Planning Services, US Department of the Interior, Fish and Wildlife Service) 5. The applicant shall provide written evidence of road right-of-way along all section lines associated with this proposal. To determine if road right-of-way exists, determine the land patent date. Weld County may, if approved by the Board of County Commissioners, grant a Nonexclusive License Agreement for the upgrade and maintenance of private improvement within this right-of-way. The right-of-way as determine through this research shall be delineated on the plat(s). (Department of Public Works) 6. The maps should delineate all current annexations. (Department of Planning �. Services and City of Longmont) B. The applicant shall submit a dust abatement plan for periods of dry weather for roadways, USR-1597 Platte River Power Authority Page 8 Resolution USR-1597 Platte River Power Authority Page 9 parking areas,and in areas where soil has been disturbed during construction.The plan shall be submitted for review and approval, to the Environmental Health Services, Weld County Department of Public Health and Environment. Written evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health & Environment) C. The applicant shall provide graphic and written documentation addressing the location and identification of all public rights-of-way, existing and proposed structures, utility easements, irrigation ditches, etcetera per Section 21-3-330.6.4 of the Weld County Code. This document shall be prepared for recording in the Clerk and Recorder's office. (Department of Planning Services) D. Written evidence from the oil and gas company indicating all requirements and agreements between the surface developer and the mineral owners and/or lessees have been completed shall be submitted or evidence that an adequate attempt has been made to mitigate their concerns or delineate drill envelopes on the plat shall be submitted to the Department of Planning Services. (Department of Planning Services) E. The applicant shall demonstrate compliance with the US Department of the Interior,Fish and Wildlife Service as stated in their referral received March 28,2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) F. The applicant shall attempt to address the requirements (concerns) of Noble Energy, as stated in the referral response dated April 20.2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) G. The applicant shall attempt to address the requirements (concerns) of the Longmont Soil Conservation District, as stated in the referral response dated April 10, 2007. Evidence of such shall be submitted in writing to the Weld county Department of Planning Services. (Department of Planning Services) H. The applicant shall attempt to address the requirements(concerns)of Weld County Sheriffs Office, as stated in the referral response dated April 1, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) The applicant shall address the requirements(concerns)of the City of Longmont,as stated in the referral response dated April 11,2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) J. The applicant shall attempt to address the requirements(concerns)of Kerr McGee Oil&Gas Onshore LP,as stated in the referral response dated April 9,2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) K. The applicant shall address the requirements (concerns) of Weld County Public Works Department regarding drainage and construction, as stated in the referral response dated March 19, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) L. The applicant shall address the requirements (concerns) of Weld County Public Works Department regarding the crossing of County Roads and permitting,as stated in the referral response dated March 26,2007. Evidence of such shall be submitted in writing to the Weld USR-1597 Platte River Power Authority Page 9 Resolution USR-1597 Platte River Power Authority Page 10 County Department of Planning Services. (Department of Planning Services) M. The applicant shall address the requirements (concerns) of the Federal Aviation Administration, as stated in the referral response dated March 29, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) N. The applicant shall address the requirements(concerns)of the Longs Peak Water District,as stated in the referral response dated April 4, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) O. The applicant shall address the requirements(concerns)of Little Thompson Water District, as stated in the referral response dated March 22, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) P. The applicant shall attempt to address the requirements (concerns) of Level 3 Communications, as stated in the referral response received April 16, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) Q. The applicant shall address the requirements (concerns) of the Colorado Department of Transportation regarding access and utility permits,as stated in the referral response dated March 19, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) R. The applicant shall contact the US Army,Corps of Engineers and provide written evidence to the Department of Planning Services if any permitting is required. (Department of Planning Services) S. The applicant shall provide the Department of Planning Services with evidence that all easements have been obtained for the proposed Project alignment. (Department of Planning Services) 4. Prior to Operation: A. One month prior to operation, the applicant shall submit evidence of compliance with the State of Colorado Department of Public Health and the Environment specific to a stormwater discharge permit may be required for a construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit<http://www.cdohe.state.co.us/wq/PermitsUnit> for more information. Written evidence of compliance with referral shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) USR-1597 Platte River Power Authority Page 10 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Platte River Power Authority USR-1597 1. A Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility(Fort Saint Vrain to Fordham 230 kV Transmission Circuit—addition of a 230-kV circuit to an existing transmission line and construction of a new underground 230-kV electrical transmission line for 14 miles within Weld County) in the A (Agricultural), Residential (R-1), and 1-3 (Industrial) Zone Districts, as indicated in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. (Department of Planning) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.,as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health & Environment) 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, 30-20-100.5, C.R.S., as amended. (Department of Public Health & Environment) 5. Waste materials shall be handled,stored,and disposed in a manner that controls fugitive dust,blowing debris, and other potential nuisance conditions. (Department of Public Health & Environment) 6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved dust abatement plan at all times. (Department of Public Health & Environment) !. The operation shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health & Environment) 8. Bottled water shall be utilized for drinking and hand washing during construction of the project. (Department of Public Health & Environment 9. Adequate portable toilet facilities (port-a-potty) shall be provided during the construction of the project. (Department of Public Health & Environment) 10. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health and Environment, Water Quality Control Division. (Department of Public Health & Environment) 11. One month prior to operation, the applicant shall submit evidence of compliance with the State of Colorado Department of Public Health and the Environment specific to a stormwater discharge permit may be required for a construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wo/PermitsUnit<http://www.cdphe.state.co.us/wa/PermitsUnit>for more information. Written evidence of compliance with referral shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) 12. The applicant shall comply with the requirements of the Water Quality Control Division, of the Colorado Department of Public Health and Environment. (Department of Planning Services) 13. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health & Environment) 14. The applicant shall contact the Department of Public Works to acquire any necessary County permits as this USR-1597 Platte River Power Authority Page 11 Resolution USR-1597 Platte River Power Authority 'ge 12 expansion will be crossing County rights of way. Contact Weld County Public Works Department, P.O. Box 758, Greeley, Colorado, 80632, at 970-381-3779. This permit shall be in place prior to any work being done within the right-of-way. (Department of Public Works) 15. Pursuant to Chapter 15,Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development,the applicant/landowner shall be responsible for controlling noxious weeds. (Department of Public Works) 16. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Planning Services) 17. The applicant shall utilize an erosion control plans until vegetation is established in the area. (Department of Planning Services) 18. Tracking pads are required at all each County Road crossing. The purpose of the tracking pads is to keep mud and debris from leaving the site and tracking on existing County Roads contaminating the existing road(s) with mud and debris. (Department of Public Works) 19. Appropriate construction signing,and flagging where appropriate,shall be required at all County rights of way crossings. (Department of Public Works) 20. There will be no parking or staging on County Roads with equipment or personal vehicles related to the construction. Utilize on-site locations and private rights-of-way. (Department of Public Works) �1. A flood Hazard Development Permit shall be submitted for buildings constructed within the 100-year flood plain. (Department of Building Inspections, Department of Planning Services) 22. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2- 240, Weld County Code. 23. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23- 2-250,Weld County Code. 24. Personnel from the Weld County Government 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. 25. The 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. 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. USR-1597 Platte River Power Authority Page 12 Resolution USR-1597 „El...atte River Power Authority ge 13 Motion seconded by Bruce Fitzgerald. VOTE: For Passage Against Passage Absent Bruce Fitzgerald Chad Auer Tom Holton Doug Ochsner James Welch Erich Ehrlich Roy Spitzer Paul Branham Mark Lawley The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on May 15, 2007. Dated the 15th of May, 2007. 6tieRanw ,-, Kristine Ranslem Secretary USR-1597 Platte River Power Authority Page 13 _5- - -1ct: 7 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, May 15, 2007 A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County Conference Room, 4209 CR 24.5, Longmont, Colorado. The meeting was called to order by Chair, Chad Auer, at 1:30 p.m. ROLL CALL ABSENT Chad Auer-Chair Doug Ochsner-Vice Chair Paul Branham Erich Ehrlich Bruce Fitzgerald Tom Holton Mark Lawley Roy Spitzer James Welch Also Present: Jacqueline Hatch, Kim Ogle, Department of Planning Services, Char Davis, Department of Health, Don Carroll, Department of Public Works, Bruce Barker, County Attorney, and Kris Ranslem, Secretary. Doug Ochsner commented that on page 3 of the minutes from May 1, 2007 he would like to edit that it be pulled from Consent rather than a motion made as two Planning Commission members wishing to pull from Consent meets the requirements. Doug Ochsner also mentioned that the Town of Windsor commented on the minutes from April 17, 2007 and stated that they were inaccurate or misleading according to them and gave several places where they thought it needed to be changed or corrected. Bruce Barker,County Attorney, stated that the Commissioners should read through what their concerns are and then if any member of the Planning Commission thinks the minutes should be changed to reflect those comments or suggestions are then bring that up, however if you believe them to be accurate then approve them. The Chair stated that the minutes will be tabled until June 5, 2007 until all Commissioners have read through the comments from the Town of Windsor. Bruce Fitzgerald moved to table the approval of the minutes from the May 1,2007 meeting until June 5, 2007, seconded by Doug Ochsner. Motion carried. The Chair read the case into record. 1. CASE NUMBER: USR-1597 APPLICANT: Platte River Power Authority PLANNER: Jacqueline Hatch LEGAL DESCRIPTION: Parts of Sections 8,9, 10, 16, 17 and 18,T3N, R67W and parts of Sections 8, 9, 10, 11, 13, 14, 17, 20,29 and 30, T3N, R68W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility (Fort St Vrain to Fordham 230 kV Transmission Circuit - addition of a 230 kV circuit to an existing transmission line and construction of a new underground 230 kV electrical transmission line for 14 miles within Weld County)in the A (Agricultural), R-1 (Residential), and 1-3 (Industrial)Zone Districts. LOCATION: Commencing at the Fort St Vrain Power Plant located south of CR 36 and approximately 1 mile east of CR 19, then traveling in a southwesterly direction along an existing line between the Fort St Vrain Substation and a point just east of Long's Peak Substation north of Mead Reservoir. From that point the line will traverse tr the south underground approximately 1/2 mile south of SH 66,ther turn and head west running parallel with SH 66 into Boulder County t I' m idf7 Jacqueline Hatch, Department of Planning Services, stated Mike Dahl for the Platte River Power Authority ha _ tfi - applied for a Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility (Fort Saint Vrain to Fordham 230 kV Transmission Circuit — addition of a 230-kV circuit to an existing transmission line and construction of a new underground 230-kV electrical transmission line for 14 miles within Weld County) in the A(Agricultural), R-1 (Residential), and 1-3 (Industrial)Zone Districts. The sign announcing the Planning Commission hearing was posted on May 4, 2007 by staff. The proposed 230 kV transmission line route includes approximately 21.90 miles of which 14 miles are located within Weld County(.10 miles within the City of Longmont, 1.20 miles located within the Town of Mead and 12.40 miles located in unincorporated Weld County). The purpose of the proposed line is to provide the area 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 of the City of Longmont, Colorado. The transmission line commences at the Fort Saint Vrain Power Plant located south of CR 36 and approximately Y mile east of CR 19 then travels in a southwesterly direction along an existing line between the Fort Saint Vrain Substation and a point just east of Longs Peak Substation north of Mead Reservoir. From that point the line will traverse to the south underground to approximately 1/2 mile south of State Highway 66 then turn and head west running parallel with State Highway 66 into Boulder County. Platte River Power Authority owns,operates, and maintains the existing Fort Saint Vrain to Longs Peak 230 kV transmission line between Fort Saint Vrain Substation and Platte River's Longs Peak Substation, located approximately 1.5 miles west of the Town of Mead. The existing transmission line,energized in 1979,consists of poles that, although constructed for double-circuit operation, are currently configured for single-circuit operation on one side,with empty arms capable of supporting an additional 230 kV circuit on the other side. An approximately 8 mile circuit consisting of three additional conductors would also be installed on the existing poles between the Fort Saint Vrain Substation and a point northeast of Longs Peak Substation. Four new poles would be required where the route changes direction between the Fort Saint Vrain Substation and the Town of Mead. The existing transmission poles at these locations were designed to carry only a single circuit because of the angle of the alignment. The new poles would be placed within 15 to 20 feet of the existing poles with the existing right-of-way. The new poles would be similar in color, height and diameter to the existing poles. An overhead to underground transition pole would be located east of Longs Peak Substation near the Town of Mead and within the existing right-of-way. From this transition pole to the Weld County/Boulder County line, the Project would be constructed entirely underground. Rights of way would be obtained from landowners of properties along the underground segment of the Project in Weld County. The proposed line would continue in underground and overhead configurations for approximately 8 miles through the City of Longmont and unincorporated Boulder County using the existing transmission line right-of-way. Platte River Power Authority will meet with each landowner to discuss the value of the easement crossing the property. Negotiation will be based on the recent sale of other similar properties, the impacts on specific improvements on the property, and the amount of property needed for the easement and temporary construction access. Platte River Power Authority will make every effort to reach a negotiated settlement. If an agreement cannot be reach, Platte River Power Authority has the legal authority to acquire the required land rights by eminent domain (C.R.S. 38-5-105). The power for the Project is generated at Platte River's Rawhide Energy Station; the Craig Station; and the Federal Hydroelectric Generation Facilities in the western United States. The methods used to identify alternative locations for the 230kV transmission line began with delineating the Project Area between the Fort Saint Vrain Substation in the northeast and the Fordham Substation in the southwest. Areas that presented obvious constraints were eliminated from further consideration. A site selection process was then used to evaluate a range of resources in the area and determine alternative corridors that would minimize impacts to environmental resources and remain economically feasible. When the Project Area was defined,data was acquired for the Project Area to determine which areas offer the most opportunity for siting the transmission line and which sensitive areas should be avoided. Each resource in the Project area was categorized as an opportunity, avoidance, or exclusion, based on how resources in those areas might be impacted by the Project. Resource data were categorized and mapped and then combined to provide visual representation of the Project area and to create an opportunities and constraints composite map for siting alternatives. The applicant sought out public involvement and comment for the proposed alignment. Three public open houses were held regarding the Project, the first was held in the Town of Mead on February 9, 2005. The second was held in the City of Longmont on February 16, 2005 and the third open house was also held in the City of Longmont on September 7, 2006. Invitations were mailed on January 28,2005 to owners of property within'%mile of each alternative alignment in the Town of Mead and unincorporated Weld County and within 660 feet of each alternative alignment in the City of Longmont and Unincorporated Boulder County. Invitations were mailed on August 2006 to property owners with 250 feet of the alignment from the Longs Peak Substation to the Fordham Substation. Approximately 50 people attended the public open house meetings while others sent comments by e-mail and/or phone. The written comments that were received focused primarily on visual effects,effects of electric magnetic fields, and the location of the underground segment in the City of Longmont. Public involvement and community values are important considerations in selecting a preferred alternative. After receiving input from the first two open house meetings.The preferred alternative was brought before the Platte River's Board of Directors.The Project presented in this application reflects the alignment authorized by the Platte River Board of Directors. The Project and its configuration are based on the ability to use exiting rights of way, cost effectiveness, reduced environmental impacts, and public input. No letters have been received from surrounding property owners. The subject property is within the three-mile referral area for the Towns of Milliken, Platteville, Berthoud, Firestone, Johnstown, and Mead, the City of Longmont and Boulder and Larimer counties. The Towns of Platteville and Milliken responded to the referral dated April 10, 2007 and March 30, 2007 respectively indicating that they have reviewed the request and find no conflicts with their interests. The City of Longmont in their referral dated April 11, 2007 states that Longmont Power & Communications is supportive of this project. No comments were received from the Towns of Berthoud, Firestone, Johnstown, and Mead, along with Boulder and Larimer County. The preferred Project alignment does traverse through the Town of Mead and the City of Longmont within Weld County. The applicant has noted in the application that an active bald eagle nest site is located approximately%mile northwest of the project area. The line upgrade would occur in the existing right-of-way and would occur outside of the breeding season. The applicant also states that should any previously unknown historic or prehistoric sites or artifacts be encountered during construction,all land altering activities at that location will be immediately suspended and the discovery left intact until such time that Platte River Power Authority notifies 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. According to the application,there are three waterway crossings located along the underground segment of the Project. The applicant will continue to work with State and Federal agencies to address setbacks and other concerns from these known and delineated natural features. The US Army Corps of Engineers did not respond to the referral. As a condition of approval the applicant shall contact the Corps of Engineers to verify if any permit is required. The applicant has stated that they will obtain the USACOE Nationwide Permit 12 should waterways or any associated jurisdictional wetlands be impacted by the proposed alignment. Flood Hazard Development Permits,will also be required by the County for development within the recognized and delineated flood plain and flood way areas.The Nationwide Permit 12 from corps of engineers covers temporary impacts to waterways and any jurisdictional wetlands that may exist. No long term impacts to wetlands or riparian areas are expected Thirty-one referral agencies reviewed this case,four referral agencies had no comments, and seven referral agencies included conditions that have been attempted to be addressed through the development standards and conditions of approval. No comments were received from fifteen of the referral agencies at the time the packets were mailed. The department of planning services has received two referrals since the mailing out of the packages. They are from Noble Energy dated April 20,2007 and Longmont Soil Conservation District dated April 10,2007 as outlined in the memorandum provided to you today staff is recommending that following items be added and renumbered accordingly A new 3.F and 3.G on page 12 3.F The applicant shall attempt to address the requirements (concerns) of Noble Energy, as stated in the referral response dated April 20, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) 3.G The applicant shall attempt to address the requirements(concerns)of the Longmont Soil Conservation District,as stated in the referral response dated April 10,2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) Staff has also noted that on page 11 Number 1 with regard to the timeline of when the mylar shall be submitted, it currently says that the mylar shall be submitted within 60 days of approval by the Planning Commission, it should be from the Board of County Commissioners rather than the Planning Commission. The Weld County Department of Planning Services is recommending that this application be approved. Chad Auer needed to excuse himself from the meeting at 1:50 p.m. Mike Dahl, Platte River Power Authority,stated that the Platte River Power Authority is headquartered in Fort Collins and is owned by Longmont, Loveland, Fort Collins and Estes Park. They provide transmission delivery services, electricity and then own generation that is efficient to provide the needs of the four cities that own them. Mr. Dahl passed around a sample of the cable that they would be using and burying underground for the Planning Commission to view. Mr. Dahl presented a detailed route of how they are proposing to run the transmission line. Paul Branham noticed that when burying these lines underground it's at a depth of 3'and asked the applicant what the depth is for under waterway or irrigation ditches. Mr. Dahl replied that there is no limit to the depth. Paul Branham asked if there are any other regulations in Colorado or Wyoming that would require a line of this capacity to be buried even deeper than 3 feet. Mr. Dahl replied that there is not. Mr. Branham referred to figure 6 which is a proposed 230 kV double circuit overhead. He commented that looking at the magnetic field rating it looks like there is a maximum rating of 30 at the pole and asked if there is a rating at which the magnetic field is considered hazardous or harmful to the health of animals or people. Mr. Dahl replied no and suggested two websites of which people can refer to for this information and they are the National Institute of Health and the International Institute of Health. Mr. Branham referred back to figure 9 which is a proposed underground 230 kV single circuit. Mr. Branham asked to clarify if it was a double circuit of which they are proposing or if they are just having a single circuit underground. Mr. Dahl answered the Board, however the tape was inaudible. Mr. Branham also asked for clarification as he refers to figure 9 he interprets that it looks like the magnetic field rating for an underground circuit is going to be much higher than for the overhead,for instance the maximum at the pole was roughly 30 but the maximum directly over would be up in the 275 range. Mr.Dahl stated the difference is the distance of where you are in regard to the transmission line. When you are standing on top of the line you may be at a distance of approximately 3' rather than if you are standing at the pole it is approximately 40-45 feet. Tom Holton asked if the landowners are in agreement and if the easements are all done. Mr. Dahl said that he has talked to all the landowners and have given them all copies of the easement documents. He added that he has talked to several of them about monetary compensation and doesn't believe that there will be any problem with negotiating easements with any of them. There will be very little impact for the landowners and does not believe that they will need to use their eminent domain powers to make this happen. Doug Ochsner noticed that they have had several open houses and several comments were given and asked how the process of the landowners'questions were addressed. Mr. Dahl responded that he talked to most of them at the open houses and encouraged them to fill out comment sheets. The rest of the response was inaudible. Mr. Ochsner asked the applicant if there were any major outstanding questions from landowners that he was aware of. Mr. Dahl replied that he was not aware of any. Bruce Fitzgerald asked if the permits are in place in Boulder County and in the towns that they are affecting. Mr. Dahl replied that he has been to the City of Longmont a year ago and will give an update to the Council again the middle of June; however there are no permit requirements. There are two areas of unincorporated Boulder County and are they are prepared to turn in their 1041 applications to them. Paul Branham asked the Department of Health if they are aware of any rating on the electro magnetic field that would constitute a hazard to animals or people and asked if she was comfortable with the underground cable having a rating of 275. Char Davis, Department of Public Health, stated that she has done some research on electro magnetic fields and although she is not an expert at it,she does now that a lot of research has been done in this area and at this point in time, there is no conclusive evidence that it causes cancer or any problems like that. Ms. Davis did comment that it is a matter of how much time you are around the magnetic fields and as far as the underground, burying the line does not reduce electro magnetic fields. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Bruce Fitzgerald made a motion to change the language on page 11 Number 1 from Planning Commission to the Board of County Commissioners and continued to add the proposed 3.F and 3.G as proposed by staff. James Welch seconded the motion. Motion carried. Don Carroll, Department of Public Works,wanted the applicants to be aware that they will need to pull permits with the Weld County Department of Public Works for crossing the county roads or any right of way. Mr. Carroll added that they also have items Number 15, 18, 19 and 20 where they are talking about appropriate flagging when crossing the roads, try not to park vehicles on the county roads which cause traffic issues and try to utilize private rights of way. Mr. Ochsner asked Mr. Carroll if he is comfortable with the conditions of approval as written. Mr. Carroll replied that he is. The Chair asked the applicant if they have read and agree with the amended Conditions of Approval and Development Standards. Mr. Dahl replied yes. Doug Ochsner asked that since this is a Public Utility is the board voting on this as a final approval or as a recommendation to the Board of County Commissioners. Bruce Barker, County Attorney,responded that it is a recommendation to the Board of County Commissioners. Tom Holton moved that Case USR-1597, be forwarded to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Bruce Fitzgerald seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul Branham, yes; Bruce Fitzgerald, yes; Tom Holton, yes; James Welch, yes; Doug Ochsner, yes. Motion carried unanimously. Meeting adjourned at 2:30 p.m. Respectfully submitted, Kristine Ranslem Secretary Hello