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HomeMy WebLinkAbout20071751.tiff RESOLUTION RE: APPROVE 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 UNDERGROUND230 KV ELECTRICALTRANSMISSION LINE FOR 14 MILES WITHIN WELD COUNTY) IN THE A (AGRICULTURAL), R-1 (RESIDENTIAL), AND 1-3 (INDUSTRIAL) ZONE DISTRICTS - PLATTE RIVER POWER AUTHORITY 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 11th day of July, 2007, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Platte River Power Authority, 2000 East Horsetooth Road, Fort Collins, Colorado 80525-5721,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 on the following described real estate, being more particularly described as follows: Parts of Sections 8, 9, 10, 16, 17, and 18, all in Township 3 North, Range 67 West; and parts of Sections 8,9, 10, 11, 13, 14, 17,20, 29, and 30, all in Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS,said applicant was represented by Mike Dahl, at said hearing, and WHEREAS,Section 21-2-340 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 21-2-200 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.A of the Weld County Code as follows: a. 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 2007-1751 PL1907 PP ; a , Pir] 1/2.44409 /Vic na oai 41 SPECIAL REVIEW PERMIT#1597 - PLATTE RIVER POWER AUTHORITY PAGE 2 (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 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 will 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. 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 the County and represents a fair and reasonable utilization of resources in the impact area. The methods used to identify alternative locations for the 230 kV 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 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 result in 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 2007-1751 PL1907 SPECIAL REVIEW PERMIT#1597 - PLATTE RIVER POWER AUTHORITY PAGE 3 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 and third open houses were held in the City of Longmont on February 16, 2005, and September 7, 2006. Invitations were mailed on January 26,2005,to property owners within one-half 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 in August 2006,to property owners within 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 Power Authority 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 existing 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 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 Peak230 kV transmission line between FortSaintVrain Substation and the Platte River 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. A circuit, approximately eight miles in length, consisting of three additional conductors, will 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 2007-1751 PL1907 SPECIAL REVIEW PERMIT#1597 - PLATTE RIVER POWER AUTHORITY PAGE 4 of the alignment. The new poles would be placed within 15 to 20 feet of the existing poles within the existing right-of-way. The new poles will be similar to the existing poles in color, height, and diameter. An overhead to underground transition pole would be located east of the 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 will be constructed entirely underground. Rights-of-way will be obtained from landowners of properties along the underground segment of the Project in Weld County. The proposed line will continue in underground and overhead configurations for approximately eight 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 the Platte River 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. d. Section 21-3-340.A.4 -- A satisfactory program to mitigate and minimize adverse impacts has been presented. The U.S.Army Corps of Engineers (USACOE)did not respond to the referral. As a Condition of Approval,the applicant shall contact the USACOE to verify if any permit is required. The applicant has stated that it 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 floodplain and floodway areas. The Colorado Division of Wildlife (CDOW) did not respond to the referral. The U.S. Fish and Wildlife Service(USFWS), in its referral dated March 28, 2007, has outlined that it will be working with the Platte River Power Authority to develop appropriate mitigation measures that are compatible with Project goals which will minimize impacts to wildlife along the proposed corridor. As a Condition of Approval,the applicant will need to provide written evidence to the Department of Planning Services that the USFWS 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 will be restored and revegetated once construction is 2007-1751 PL1907 SPECIAL REVIEW PERMIT#1597 - PLATTE RIVER POWER AUTHORITY PAGE 5 completed. The overhead segments will span all wetland habitats and the riparian areas will be spanned to the greatest extent feasible. The applicant has noted in the application that an active bald eagle nest site is located approximately one-half mile northwest of the project area. The line upgrade will occur in the existing right-of-way and will occur outside of the breeding season. 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 this County,and other applicable regional,metropolitan,state and national plans. The Towns of Platteville and Milliken responded with referrals,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 its referral response, dated April 11, 2007, states Longmont Power and Communications is supportive of this project. No comments were received from the Towns of Berthoud, Firestone,Johnstown,or Mead,nor Boulder or Larimer Counties. 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. 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 nine miles,and the construction of a new underground 230 kV electrical transmission line for approximately five miles. There are no known existing community services that would be affected by this proposal within Weld County. 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. The demand for government services in Weld County should not expand because of the project. h. 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 230 kV 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 2007-1751 PL1907 SPECIAL REVIEW PERMIT#1597 - PLATTE RIVER POWER AUTHORITY PAGE 6 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 will be restored and revegetated once construction is completed. The overhead segments will span all wetland habitats, and riparian areas will be spanned to the greatest extent feasible. The Project alignment will not impact hydrologicflow of either surface water or groundwater, nor will it affect groundwater recharge. Existing drainage patterns will be preserved. Permanent facilities will not be located in stream channels. If access roads cross stream channels, appropriately sized culverts will be installed to maintain channel flow and morphology. No existing water rights will be impacted, and there will be no long-term use of water. When required to construct a line in the 100-year floodplain areas, the applicant will coordinate with Weld County regarding any floodplain hazards and design of the proposed line to withstand any potential flooding that may be experienced. Platte River Power Authority will design the Project to withstand any potential flooding that may be experienced. j. 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. 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. 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 will be entirely contained in the existing 100-foot wide and nine-mile 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 the Platte River 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. 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 2007-1751 PL1907 SPECIAL REVIEW PERMIT#1597 - PLATTE RIVER POWER AUTHORITY PAGE 7 any endangered wildlife species, unique natural resource, or historic landmark within the impact area. The U.S. Army Corps of Engineers (USACOE)did not respond to the referral. As a Condition of Approval, the applicant shall contact the USACOE 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 floodplain and floodway areas. The Colorado Division of Wildlife (CDOW), did not respond to the referral. The U.S. Fish and Wildlife Service(USFWS), in its referral dated March 28, 2007, outlined that it 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 written evidence to the Department of Planning Services that the USFWS 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 the 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 will be restored and revegetated once construction is completed. The overhead segments will span all wetland habitats and the riparian areas will be spanned to the greatest extent feasible. The applicant has noted in the application materials that an active bald eagle nest site is located approximately one-half mile northwest of the project area. The line upgrade will occur in the existing right-of-way and 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. 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 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 2007-1751 PL1907 SPECIAL REVIEW PERMIT#1597 - PLATTE RIVER POWER AUTHORITY PAGE 8 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 will occur during low-flow periods. This method will 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 Nationwide Permit 12. 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 right-of-way. No adverse geologic effects will 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. 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 -The proposed project will not have a significantly adverse net effect on the capacities or functioning of streams, lakes, and reservoirs in the impact area, nor on the permeability, volume, recharge capability, and depth of aquifers in the impact area. According to the application, 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. r. 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. s. Section 21-3-340.A.19--The applicant has,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. 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 2007-1751 PL1907 SPECIAL REVIEW PERMIT#1597 - PLATTE RIVER POWER AUTHORITY PAGE 9 hazardous substances within the impact area. The determination of effects of the project shall include the following considerations: 1) The means by which outdoor storage facilities for fuel, raw materials, equipment,and related items are adequately enclosed by a fence or wall. 2) The likelihood of hazardous materials or wastes being moved off the site by natural causes or forces. 3) Containment of inflammable or explosive liquids, solids, or gases. 4) 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. 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 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. 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. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application 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 on the parcel of land described above be,and hereby is,granted subject to the following conditions: 2007-1751 PL1907 SPECIAL REVIEW PERMIT#1597 - PLATTE RIVER POWER AUTHORITY PAGE 10 1. The attached Development Standards for the Use by Special Review Permit shall be adopted and placed on the Use by Special Review plat prior to recording. 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. 2. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the Use by Special Review 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. 2) All sheets shall be labeled USR-1597. 3) The Development Standards associated with this application. 4) The applicant shall graphically delineate the locations of the transmission line relative to sensitive areas as identified in the U.S. Department of the Interior, Fish and Wildlife Service, referral dated March 28, 2007, or the most recent correspondence of record. 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, the applicant shall ascertain 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 determined through this research shall be delineated on the plat(s). 6) The maps should delineate all current annexations. B. The applicant shall submit a DustAbatement Plan for periods of dry weather for roadways, 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 Division of the Weld County Department of Public Health and Environment. Written evidence of approval shall be submitted to the Department of Planning Services. 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 2007-1751 PL1907 SPECIAL REVIEW PERMIT#1597 - PLATTE RIVER POWER AUTHORITY PAGE 11 Section 21-3-330.B.4 of the Weld County Code. This document shall be prepared for recording in the Weld County Clerk and Recorder's Office. D. The applicant shall submit 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, or submit evidence that an adequate attempt has been made to mitigate the concerns, or drill envelopes shall be delineated on the plat and submitted to the Department of Planning Services. E. The applicant shall demonstrate compliance with the U.S. Department of the Interior, Fish and Wildlife Service,as stated in the referral received March 28, 2007. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. F. The applicant shall attempt to address the requirements and 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. G. The applicant shall attempt to address the requirements and 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. H. The applicant shall attempt to address the requirements and concerns of the 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. The applicant shall address the requirements and 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. J. The applicant shall attempt to address the requirements and concerns of Kerr-McGee Oil and 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. K. The applicant shall address the requirements and concerns of the Weld County Department of Public Works, 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. 2007-1751 PL1907 SPECIAL REVIEW PERMIT#1597 - PLATTE RIVER POWER AUTHORITY PAGE 12 L. The applicant shall address the requirements and concerns of the Weld County Department of Public Works, 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 County Department of Planning Services. M. The applicant shall address the requirements and 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. N. The applicant shall address the requirements and 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. O. The applicant shall address the requirements and concerns of the 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. P. The applicant shall attempt to address the requirements and 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. Q. The applicant shall address the requirements and 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. R. The applicant shall contact the U.S. Army Corps of Engineers and provide written evidence to the Department of Planning Services if any permitting is required. S. The applicant shall provide the Department of Planning Services with evidence that all easements have been obtained for the proposed Project alignment. 4. Prior to Operation: A. One month prior to operation, the applicant shall submit evidence of compliance with the Colorado Department of Public Health and Environment specific to a Stormwater Discharge Permit which 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. The applicant shall contact the Colorado Department of Public Health and Environment, Water Quality 2007-1751 PL1907 SPECIAL REVIEW PERMIT#1597 - PLATTE RIVER POWER AUTHORITY PAGE 13 Control Division, at www.cdphe.state.co.us/wq/PermitsUnit, for more information. Written evidence of compliance shall be submitted to the Department of Planning Services. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 11th day of July, A.D., 2007. BOARD OF COUNTY COMMISSIONERS r COU�ITY, COL ADO vvVV�, ATTEST: lagell�% I� David E. Long, Chair Weld County Clerk to th, William J k , -Tem/ Deputy Cl- to the Boa �����j� Will' F. arcia� (� p O ED AS M": ND--- /.3Robert D. Masden A ney r , Douglas ademach r, Date of signature: -7-3/ -o 7 2007-1751 PL1907 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS PLATTE RIVER POWER AUTHORITY USR#1597 1. A Site Specific Development Plan and Use by Special Review Permit#1597 is 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, as indicated in the application materials on file and 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. 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. 7. The operation shall adhere to the maximum permissible noise levels allowed in the Industrial Zone District, as delineated in Section 25-12-103, C.R.S. 8. Bottled water shall be utilized for drinking and hand washing during construction of the project. 9. Adequate portable toilet facilities shall be provided during the construction of the project. 10. One month prior to operation, the applicant shall submit evidence of compliance with the Colorado Department of Public Health and Environment,specific to a Stormwater Discharge Permit which 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. The applicant shall contact the Colorado Department of Public Health and Environment,Water Quality Control Division, at www.cdphe.state.co.us/wq/PermitsUnit for more information. Written evidence of compliance with the referral comments shall be submitted to the Department of Planning Services. 11. The applicant shall comply with the requirements of the Water Quality Control Division of the Colorado Department of Public Health and Environment. 2007-1751 PL1907 DEVELOPMENT STANDARDS - PLATTE RIVER POWER AUTHORITY (USR #1597) PAGE 2 12. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 13. The applicant shall contact the Department of Public Works to acquire any necessary County permits, as this expansion will be crossing County rights-of-way. The applicant shall contact the Weld County Public Works Department, P.O. Box 758, Greeley, Colorado, 80632,or call 970-304-6496, Ext.3750. This permit shall be in place prior to any work being done within the right-of-way. 14. 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. 15. The applicant must take into consideration stormwater capture/quantity and provide accordingly for Best Management Practices. 16. The applicant shall utilize an Erosion Control Plan until vegetation is established in the area. 17. Tracking pads are required at 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. 18. Appropriate construction signing and flagging, where appropriate, shall be required at all County right-of-way crossings. 19. There will be no parking or staging of equipment or personal vehicles related to the construction on County Roads. The applicant shall utilize on-site locations and private rights-of-way. 20. A Flood Hazard Development Permit shall be submitted for buildings constructed within the 100-year floodplain. 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. 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. 24. 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. 2007-1751 PL1907 DEVELOPMENT STANDARDS - PLATTE RIVER POWER AUTHORITY (USR#1597) PAGE 3 25. 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. 2007-1751 PL1907 Hello