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HomeMy WebLinkAbout20071763.tiff HEARING CERTIFICATION DOCKET NO. 2007-50 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1597 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 - PLATTE RIVER POWER AUTHORITY A public hearing was conducted on July 11, 2007, at 10:00 a.m., with the following present: Commissioner David E. Long, Chair Commissioner William H. Jerke, Pro-Tem Commissioner William F. Garcia Commissioner Robert D. Masden Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Jennifer VanEgdom Assistant County Attorney, Cyndy Giauque Planning Department representative, Jacqueline Hatch Health Department representative, Char Davis Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated June 22,2007,and duly published June 27,2007, in the Fort Lupton Press, a public hearing was conducted to consider the request of Platte River Power Authority for a Site Specific Development Plan and Use by Special Review Permit#1597 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. Cyndy Giauque,Assistant County Attorney, made this a matter of record. Jacqueline Hatch, Department of Planning Services,presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record as written. She stated the proposed transmission line route is approximately 21 miles in length, and 14 miles are located within Weld County, of which 0.10 mile is located within the City of Longmont, 1.20 miles are located within the Town of Mead,and 12.4 miles are located within unincorporated Weld County. She further stated the purpose of the proposed line is to provide electrical service to meet the needs of the City of Longmont,and the applicant owns and maintains the existing FortSaintVrain to Longs Peak Transmission Line, located approximately 1.5 miles west of the Town of Mead. She stated the existing line contains poles which were constructed for double circuit; however, they are configured for single circuit operation on one side,with empty arms capable of supporting additional circuits on the opposite side. She further stated an eight-mile circuit, consisting of three additional 2007-1763 PL1907 Ol' ; Pt, PA) f = ('4b/07 HEARING CERTIFICATION - PLATTE RIVER POWER AUTHORITY (USR #1597) PAGE 2 conductors, will also be installed on the existing poles. Ms. Hatch stated an overhead to underground transition pole will be located east of the Longs Peak Substation within the existing right-of-way near the Town of Mead,and the project will be constructed entirely underground from the transition pole to the Weld/Boulder County Line. She stated the necessary rights-of-way will be obtained from the property owners along the underground segment of the project,and the proposed line will continue within existing transmission line right-of-way for approximately eight miles through the City of Longmont and portions of unincorporated Boulder County. She further stated the applicant will meet with each landowner to discuss values for properties, and negotiations will be based on the recent sale prices of similar properties, improvements located on the property, and amount of property necessary for easements and temporary construction access. She stated the applicant will make every effort to reach a settlement with each landowner;however,if a settlement is not reached,the applicant has the legal authority to acquire land by eminent domain. She further stated the power necessary for the project is generated at the Rawhide Energy Station,the Craig Station,and the Federal Hydroelectrical Generation Facility located within the western United States. Ms. Hatch gave a brief summary of how the applicant identified alternative locations for the proposed line, how data was acquired for the project, and how data was categorized to provide visual representation of the project area on a composite map, and she displayed photographs of the existing transmission line and associated stations. She described the process of how the applicant sought public comment from surrounding property owners,including three open houses which were held on February 9, 2005, February 16, 2005, and September 7, 2006. She explained the comments received from the meeting attendees included concerns regarding visual effects, the effects of electric magnetic fields, and the location of the underground line within the City of Longmont. She further stated the applicant considered the input provided at the meetings and presented a preferred alignment to the Board of Directors,which was authorized as the alignment presented in this application. She summarized the configuration of the project is based on the ability to utilize existing rights-of-way,cost effectiveness,reduced environmental impacts,and the provided public input. She stated Planning staff has not received any letters from surrounding property owners, and the subject area is within the three-mile referral area for the Towns of Milliken, Platteville, Berthoud, Firestone, Johnstown and Mead, the City of Longmont, and Larimer and Boulder Counties. She further stated the Towns of Platteville and Milliken indicated the proposal does not conflict with their interests, the City of Longmont indicated support of the project, and no response was received from the rest of the municipalities, nor Boulder or Larimer County. Ms. Hatch stated the applicant has noted that an active bald eagle nest site is located approximately one-half mile northwest of the project area, and the line upgrade will occur in the existing right-of-way and outside of the breeding season. She stated the applicant agrees that upon encountering any previously unknown historic site or artifact during construction,activities at the site will be suspended,and left intact, until the appropriate parties are notified and measures are taken to ensure compliance with the National Historic Preservation Act. She further stated there are three waterway crossings associated with the underground portion of the project, and the applicant will continue to work with State and Federal agencies to address concerns. She stated the U.S.Army Corps of Engineers did not respond to the referral,therefore,the applicant will be required to make contact to verify if any permits are necessary. She further stated the applicant will obtain a 2007-1763 PL1907 HEARING CERTIFICATION - PLATTE RIVER POWER AUTHORITY (USR #1597) PAGE 3 Nationwide Permit 12 if waterways or wetlands are temporarily impacted by the proposed project; however, no long term impacts are expected,and the affected areas will be re-vegetated once the construction activities are completed. She explained Flood Hazard Development Permits will be required by the County for development within floodway and floodplain areas. She stated 31 referral agencies reviewed the application, four referral agencies had no comments, and seven referral agencies included comments that have been addressed within the Conditions of Approval and Development Standards. She further stated a letter submitted by Kerr-McGee Oil and Gas OnShore, LP, dated July 3, 2007, states it prefers to meet with the applicant to agree upon a Surface Use Agreement, and Condition of Approval#3.D addresses this request. In response to Commissioner Jerke, Ms. Hatch stated approximately 3.5 miles of the transmission line will be located underground within Weld County. Char Davis, Department of Public Health and Environment,stated bottled water and portable toilets must be provided during construction, and the applicant is required to submit a Dust Abatement Plan, addressed in Condition of Approval #3.B. Don Carroll, Department of Public Works, stated no designated County Roads are associated with the transmission line alignment; however,the Department is requiring the applicant provide utility permits for the crossing of County Roads by construction equipment. He further stated tracking pads will be required across County Roads to reduce the tracking of dirt and mud. He stated no staging or parking of equipment will be allowed on County Roads during construction,the applicant must utilize easements or private rights-of-way. In response to Commissioner Masden,Mr.Carroll stated open cutting of paved roads will not be allowed for the underground portion of the transmission line intersecting with County Roads. Mike Dahl represented the applicant and stated Platte River Power Authority is headquartered in Fort Collins, Colorado. In response to the previous discussion regarding County Roads, he stated County Road 34 is paved west of the Town of the Mead, and the proposed alignment crosses this road. He further explained the proposed alignment also crosses County Road 32,which is a gravel road, and County Road 3, before reaching County Line Road. In response to Commissioner Masden, Mr. Dahl stated there are two reasons that a portion of the transmission is underground, including the necessity to differentiate the transmission assets which serve the City of Longmont. He explained the current lines,which are two overhead circuits on single poles, serve the City of Longmont from the Longs Peak Substation, therefore, if something were to happen to one of the poles,the electric supply for the City would be devastated. He stated the underground portion of the transmission line will be very expensive, and the citizens of the four cities which own Platte River Power Authority,and the businesses which utilized the services,will finance the associated costs. He explained the project costs will be financed through debt or retained earnings,and will affect the rates for services for the next 30 years. Mr. Dahl stated the second practical reason for the underground portion of the project is to appease landowners who do not desire overhead transmission lines on their respective properties since the landowners desire to utilize thei properties for development purposes. Further responding to Commissioner Masden, Mr. Dahl stated Platte River Power Authority supplies wholesale energy to the Cities of Longmont, Loveland, Fort Collins,and Estes Park,then bill the associated customers,and the wholesale rate represents approximately 75 percent of the total rate paid by the customers in each City. In response to 2007-1763 PL1907 HEARING CERTIFICATION - PLATTE RIVER POWER AUTHORITY (USR#1597) PAGE 4 Commissioner Masden, Mr. Dahl stated it would be possible to place the line underground east of Interstate 25;however,the company would not volunteer to do so. He explained approximately four miles of transmission line will be placed underground, and the costs for this section alone are approximately$16 to$20 million. He stated the same four miles constructed as overhead lines will cost approximately $4 million, or possibly less. He further stated financial assistance will be necessary if a request is made to provide underground transmission line east of 1-25. Mr. Dahl stated two of the four required overhead poles to be installed for the project are located on the property of the Fort Saint Vrain Power Plant,and explained the placement of the other two new poles,clarifying that no new right-of-way is necessary for the placement of the poles. He stated new wires will be hung along the north side-arms of the poles,and two of the poles are located adjacent to the North Creek Subdivision within the Town of Mead. He further stated the relocation of the poles into a developed park has been discussed with the Town of Mead, and once a formal agreement is reached,the required easements will be traded. Mr. Dahl stated a new pole will be located on the west side of the supply ditch,which is where the transition from overhead to underground will take place,and the underground line will follow the ditch to the south. He displayed photographs of the areas affected by the transmission line,and stated the existing Tri-State transmission line easement and right-of-way will co-exist with the underground line; however,he clarified the landowners will be compensated for the right to bury a new line. He stated he has personally spoken with all of the landowners who will need to provide easements, and he has not found any of the landowners to be unwilling to grant an easement. He clarified the easement will be 25 feet in width,which amounts to approximately three acres over a distance of one mile. He further stated the landowners will be requested to provide an additional 25-foot temporary construction easement in order to accommodate the necessary construction equipment. Mr. Dahl provided photographs and gave an explanation of the composition of the conduit and the process of the placement of the conduit. He stated during the construction process,approximately 200 to 300 feet of conduit can be buried each day, and the splicing of the cable is required approximately every 2,000 feet. In response to Commissioner Rademacher, Mr. Dahl stated the easements with the affected landowners have not been formally secured,since approval of the Board is required first. He further stated he has been in contact with each of the landowners, and he does not expect any significant problems securing the necessary easements. He clarified the City of Longmont will provide an easement for the portion of transmission line located beneath the City. Further responding to Commissioner Rademacher, Mr. Dahl stated the company can enforce condemnation rights; however, it does not expect to have to do so. In response to Commissioner Jerke, Mr. Dahl explained the increased costs associated with the underground cable include the increased labor costs and the cost of the manufactured cable at approximately$100.00 per foot. He explained the composition of overhead cable and underground cable and the associated costs per mile. He stated in heavily developed urban areas, it could cost approximately$10 million per mile to bury a double circuit line underground. No public testimony was offered concerning this matter. In response to Chair Long, Mr. Dahl indicated he has reviewed, and concurs with, the Conditions 2007-1763 PL1907 HEARING CERTIFICATION - PLATTE RIVER POWER AUTHORITY (USR #1597) PAGE 5 of Approval and Development Standards. Commissioner Masden moved to approve the request of Platte River Power Authority for a Site Specific Development Plan and Use by Special Review Permit#1597 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,based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. The motion was seconded by Commissioner Rademacher,and it carried unanimously. There being no further discussion, the hearing was completed at 11:45 a.m. This Certification was approved on the 16th day of July 2007. APPROVED: BOARD OF COUNTY COMMISSIONERS W OUNTY, COLORADO ATTEST: areil David E. Long, Chair Weld County Clerk to th o- ..l ' last illiam H. Jerke, Pro-Tem BY: Deputy Cle to the B ' �'QJ w\ / EXCUSED DATE OF APPROVAL William F. Garcia TAPE #2007-19 EXCUSED DATE OF APPROVAL Robert D. Masden DOCKET#2007-50 n 9 we Douglaiademach r 2007-1763 PL1907 EXHIBIT INVENTORY CONTROL SHEET Case USR#1597 - PLATTE RIVER POWER AUTHORITY Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 05/15/2007) D. Clerk to the Board Notice of Hearing (Filed under Legals) E. Clerk to the Board E-mail from Applicant waiving 45-day scheduling deadline, dated 06/04/2007 F. Planning Staff Certification and photo of sign posting G. H. J. K. L. M. N. O. P. Q. R. S. T. U. 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