HomeMy WebLinkAbout20061602.tiff RESOLUTION
RE: GRANT REQUEST BY POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC.,
FOR A SPECIFIC EXEMPTION FROM THE APPLICATION OF WELD COUNTY'S 1041
REGULATIONS TO THE CONSTRUCTION OF A 115 kV TRANSMISSION LINE
EXTENSION AND DELIVERY SUBSTATION TO SERVE THE ROCKIES EXPRESS
CHEYENNE STATION
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 has been presented with an appeal, pursuant to Sections 21-2-20 D.1
and 2-4-10 of the Weld County Code("the Code"),of a decision by the Director of Planning Services
to deny a request by Poudre Valley Rural Electric Association, Inc., for a specific exemption from
the application of Weld County's 1041 Regulations(Chapter21 of the Code)for the construction of
a 115 kV transmission line extension and delivery substation to serve the Rockies Express
Cheyenne Station located in the SE1/4 of Section 5,Township 11 North, Range 66 West of the 6th
P.M., Weld County, Colorado ("the Rockies Express Cheyenne Property"), and
WHEREAS,Section 21-2-20 D.1 of the Code allows for a special exemption if the proposed
transmission line extension and delivery substation are necessary to serve any use approved under
the zoning regulations of the County,and if review of the proposed service facilities falls outside the
scope and purposes of the 1041 Regulations, and
WHEREAS,the proposed transmission line extension and delivery substation will serve only
the Rockies Express Cheyenne Property, and
WHEREAS,after review,the Board finds that the proposed transmission line extension and
delivery substation are necessary to serve the Rockies Express Cheyenne Property,and therefore,
a review of the proposed service facilities falls outside the scope and purposes of the 1041
Regulations.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the specific exemption requested by Poudre Valley Rural Electric
Association, Inc.,from the application of Weld County's 1041 Regulations for the construction of the
115 kV transmission line extension and delivery substation to serve the Rockies Express Cheyenne
Property be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the decision of the Director of Planning
Services to deny such requested specific exemption be, and hereby is, reversed.
2006-1602
PL1844
r� ' Pz, Pi/Rr 4,x__ .00-/ ,G
REQUEST FOR A SPECIFIC EXEMPTION FROM THE APPLICATION OF WELD COUNTY'S
1041 REGULATIONS - POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC.
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 14th day of June, A.D., 2006.
BOARD OF COUN COMMISSIONERS
/ / WEL UN OLORADO
J
ATTEST: ialas
geld a.,,
. Geile, Chair
Weld County Clerk to the
w� David E. Long, Pro-Te 7
BY: y A
Dep Clerk%) the Board 1,--
William erke
APPRO S TO FO
f _ Robert D. Masden
ney Glenn Vaad 1149-614i �J� /
Date of signature: -I/441p
2006-1602
PL1844
c(f Memorandum
TO: Board of County Commissioners IDATE: June 5, 2006
FROM: Brad Mueller, Assistant Director
COLORADO Department of Planning Services
RE: Poudre Valley REA appeal
CC: Nbnica Daniels-Mika, Director
The Poudre Valley Rural Electric Association has made request for an appeal of a staff decision
concerning 1041 processing; the appeal is scheduled with the Board on June 14, 20O6.
Poudre Valley REA is proposing a substation and 0.8-mile 115kV transmission line on Parcel No.
020305300014, located west of Highway 85 near the Wyoming border. More generally, the site is
located on 461 acres at the SE4 of Section 5, Township 11 North, Range 66 North the 6' P.M.
The substation is proposed for a single user, a neighboring compressor station being planned in
conjunction with the Kinder Morgan Rockies Express Pipeline. The compressor station is subject to
County review through the Use by Special Review process.
On May 8, 2006, Planning Services staff sent Michael Mansour, representative for the Poudre Valley
REA, a letter indicating that the substation would be subject to 1041 ("Matters of State Interest")
regulations found in Section 21 of the Weld County Code. On May 10, 2006, Poudre Valley REA sent a
request to the Clerk to the Board's Office to appeal this administrative decision.
Since the time of staff's initial determination, a similar situation involving the Owen-Brockway Bottling
Plant has brought to light (Board Resolution 2203-3170; PL1693). In this case, too, the proposed
transmission line extension and electrical substation were found to be only serving a singularfacility and
to be subject to another land use process (a Change of Zone application).
The circumstances are similar in the case of Poudre Valley's appeal conceming the Rockies Express
Pipeline, and as such, staff acknowledges the case for their appeal to the Board.
Please find attached all relevant documentation conceming the appellant's request.
2006-1602
1
Weld County Colorado
Board of County Commissioners
May 10, 2006
VIA E-MAIL ONLY
Board Members
Poudre Valley Rural Electric Association(PVREA) has been requested to provide
electrical service to the Kinder Morgan Rockies Express Pipeline Cheyenne station west
of high way 85 near the Wyoming border in Weld County. This FERC driven project will
transmit natural gas from the Rockies to the east cost.
Due to the size of load PVREA must construct 0.8 of mile of 115 kV transmission on a
private easement and a substation with in the station provided for by the Rockies Express
Pipeline. The transmission line will be constructed as a double circuit line extending an
existing 115 kV Western Area Power Administration transmission line in and out of the
substation. The substation will be constructed at the site for the sole purpose of serving
the Rockies Express Cheyenne station only.
In order to construct the facilities PVREA has met with the Weld County Planning staff
concerning the project and have received excellent cooperation and assistance. The
decision was made to process the request using 1041 (Matter of State Interest) planning
code. We fully agree with their decision but time is of the essence for PVREA to meet the
project requirements.
As a result on be half of Poudre Valley REA I would like to appeal to the Board of
County Commissioners as they have done in the past under the same circumstances to
exempt the construction of the subject transmission and substation from the 1041 process
and approve the project for construction. I will be more than happy to appear in front of
the commissioners and provide detail information and answer any questions they may
have.
Michael Mansour
Electrical Engineer
Poudre Valley REA
CC: Mr. Brad Mueller
Weld County Planning
May 9, 2006
Mr. Brad Mueller VIE E-MAIL ONLY-
Assistant Director
Weld County Planning Services
RE: 1041 for Poudre Valley REA Substation and Transmission
Rockies Express Pipeline LLC
Dear Mr. Mueller
I thank you for your quick response to my letter for May 3 concerning the 1041 process
requirement for the on site construction of a power substation and approx. 0.8 mile of 115
kV transmission line. As I indicate to you and you refer to it in your letter time is of the
essence for this project. These facilities are being constructed for the sole purpose of
providing power to the Rockies Express Pipeline Cheyenne Station. It will be constructed
with in the site and will not serve any other consumers.
As a result on behalf of Poudre Valley REA I would like to request that the Board of
County Commissioners wave the 1041 process requirement for this project. There is
precedence for our request. We had the same circumstances in 2004 when we were
requested to provide a timely service to Owens Illinois bottling plant in Windsor. The
County Commissioner used their judgment according to the code to waive the 1041
requirement for a substation and 2.5 miles of 115 kV transmission line.
Please let me know if you require any additional information. I will be more than happy
to appear in front of the Commissioner and present our case as detail as needs to be and
answer any concerns and questions they may have. I thank you for your assistance.
Regards
Michael Mansour
Electrical Engineer
Poudre Valley REA
DEPARTMENT OF PLANNING SERVICES
918 10th Street
GREELEY, COLORADO 80631
CE-MAIL:WEBSITE: www.co.weld.co.us
bmueller ld.co.us
PHONE (970) 353-610O, EXT.
FAX (970) 304-6498
COLORADO
VIA E-MAIL ONLY
May 8, 2006
Michael Mansour
Poudre Valley REA
RE: 1041 Matters of State Interest& Processing Determination
Rockies Express Pipeline LLC& Poudre Valley REA
Dear Mike:
Thank you for meeting with staff last Monday, May 1, to discuss your proposal for a gas compressor station and an
electrical substation. Thank you, too, for your e-mail and letter of May 3 requesting staff determination of the
processing requirements for the joint project proposed in north Weld County. This meeting and follow-up letter is
being deemed to meet the requirements of a preapplication conference, required of Section 21-3-200.C of the Weld
County Code.
Staff has made the following determination about your processing request. Staff confirms that the appropriate
process will be two applications — a 1041 ("Matters of State Interest") application for the electrical substation and
associated 115kV power line (0.8 mile long); and a Use by Special Review ("USR") application for the gas
compressor station. This determination is being made consistent with Section 21-3-320.E of the Weld County Code.
Although you were provided at our meeting with preliminary materials to aid in submittal of your applications, please
refer to Section 21-3-330 for a complete listing of submittal requirements. We emphasize again a point made during
our meeting —quick submittal of the application is imperative. Please note that the dates projected in your letter are
very aggressive and are unlikely to be able to be met; requirements for referrals, legal noticing, scheduling of
hearings, and completion of recordable documents could easily result in six months processing.
With regards to the determination of the requirement for 1041 processing, you have the right to file an appeal to this
administrative decision with the Board of County Commissioners, if done within 10 days following this written
decision, as described in Section 21-2-30 of the Code.
We look forward to working with you and are happy to assist you in completing your application in a timely and
efficient manner. If you have any questions about the nature of these items or submittal needs, please do not
hesitate to call me at 970-353-6100, ext. 3572.
Sincerely,
Brad Mueller,Assistant Director
Weld County Planning Services
cc: Monica Daniels-Mika, Planning Director
Chris Gathman, Planner II
Mr. Brad Mueller ivliV1 3 a c c
Assistant Planning Director
Weld County Planning Department
918 10th street
Greeley CO. 80631
Dear Mr. Mueller
I thank you for taking the time and discussing the county requirements for a new
substation and a transmission with us. As I indicated to you in order to provide reliable
power to the Rockies express Pipeline LLC.(a FERC driven project) Poudre Valley REA
must extend the Western Area Power Administration 115kV line approximately 0.8 of a
mile and construct a substation with in the twenty five acre property of the plant.
The transmission will be constructed as a double circuit on 80 ft steel poles on a 100 ft
private easement from the existing line to the substation. Upon energization of the line it
will be come an integral part of Western Area Power Administration network. The
substation will be constructed on a 350 by 300 ft parcel with in the site.
In order to meet the starting date requirement, this project must be fast tracked and as a
result we must start grading by late August and no later early September. As we
discussed we be more than happy to follow any development procedure the county find
suitable for this project. We discuss both the 1041 or USR the two possible procedure for
the development of this project. The 1041 procedure is what we have used for a similar
type of project in the past.
Please let me know of the county's decision as to what development procedure we need
to follow and direct us as to what application and other requirements you need.
Again I thank you for your assistance.
Regards
Michael Mansour
Electrical Engineer
Poudre Valley REA
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public
hearing will be held in the Chambers of the Board of County Commissioners of Weld County,
Colorado,Weld County Centennial Center,91510th Street, First Floor,Greeley,Colorado 80631,
at the time specified.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five
days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting
party. In accordance with the Americans with Disabilities Act, if special accommodations are
required in order for you to participate in this hearing,please contact the Clerk to the Board's Office
at (970) 336-7215, Extension 4226, prior to the day of the hearing.
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners,Weld County Centennial Center,91510th Street,Third Floor,Greeley,Colorado
80631. E-Mail messages sent to an individual Commissioner may not be included in the case file.
To ensure inclusion of your E-Mail correspondence into the case file, please send a copy
to charding@co.weld.co.us.
DATE: June 14, 2006
TIME: 9:00 a.m.
APPLICANT:
Poudre Valley Rural Electric Association, Inc.
7649 REA Parkway
Fort Collins, Colorado 80528
REQUEST: Appeal of denial by the Director of Department of Planning Services for Special
Exemption from the 1041 Regulations for a 115 kV Transmission Line Extension and Delivery
Substation to serve the Rockies Express Cheyenne Station
LEGAL DESCRIPTION: SE1/4 of Section 5, Township 11 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
LOCATION:West of U.S. Highway85;approximately 3.5 miles south of the Wyoming State border
(See Legal Description for precise location.)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: June 2, 2006
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing Notice of
Hearing was placed in the United States mail, first class mail, postage prepaid, addressed to the
following property owners.
DATED this 2nd day of June, 2006.
POUDRE VALLEY RURAL ELECTRIC
ASSOCIATION INC
7649 REA PARKWAY
FORT COLLINS, CO 80528
COLORADO INTERSTATE GAS
COMPANY
PO BOX 1087
COLORADO SPRINGS CO 80944
KN INTERSTATE GAS TRANSMISSION
COMPANY
370 VAN GORDON STREET
LAKEWOOD CO 80228
LAZY D GRAZING ASSOCIATION
C/O ARVID DE PORTER SECRETARY
CARR CO 80228
PLATTE RIVER POWER AUTHORITY
2000 EAST HORSETOOTH ROAD
FORT COLLINS CO 80525
Deputy
e Clerk to the oard
AFFIDAVIT OF INTERESTED LAND OWNERS Page 1 of 2
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
Subject Parcel: 020305300014
THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by
the Weld County Assessor of the owners of the property(the surface estate) within 500 feet of the
property being considered. This list was compiled utilizing the records of the Weld County Assessor
available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been
modified from the original. The list compiled from the records of the Weld County Assessor was
assembled within thirty days of the application's submission date.
Signature
Date
Property Owners Within 500 ft. of Parcel# 020305300014
NAME MAILING ADDRESS PARCEL
IDENTIFICATION #
P O BOX 1087
COLORADO INTERSTATE GAS CO 020305000007
COLORADO SPGS,CO 80944
COLORADO STATE OF 004932000004
EXEMPT,
COLORADO STATE OF 020304000001
EXEMPT,
COLORADO STATE OF 020306000001
EXEMPT,
COLORADO STATE OF 020308000005
EXEMPT,
KN INTERSTATE GAS 370 VAN GORDON ST
TRANSMISSION CO 020305000011
LAKEWOOD,CO 80228
C/O ARVID R DE PORTER -
LAZY D GRAZING ASSN SECTY 004931000003
CARR,CO 80612
LAZY D GRAZING ASSN C/O ARVID R DE PORTER -
SECTY 004933000004
file://C:\W INNT\Temp\Temporary%20Internet%20Files\OLK1 E8\Poudre%20REA%20%2... 6/2/2006
AFFIDAVIT OF INTERESTED LAND OWNERS Page 2 of 2
CARR,CO 80612
C/O ARVID R DE PORTER-
LAZY D GRAZING ASSN SECTY 020309000002
CARR,CO 80612
C/O ARVID R DE PORTER-
LAZY D GRAZING ASSN SECTY 020306000002
CARR,CO 80612
C/O ARVID R DE PORTER-
LAZY D GRAZING ASSN SECTY 020307000003
CARR,CO 80612
C/O ARVID R DE PORTER-
LAZY D GRAZING ASSN SECTY 020308000004
CARR,CO 80612
PLATTE RIVER POWER 2000 E HORSETOOTH RD
AUTHORITY 020305400013
FT COLLINS,CO 80525
PUBLIC SERVICE CO OF COLO 020305000009
STATE ASSESSED,
file://C:\WINNT\Temp\Temporary%20Internet%20Files\OLK1 E8\Poudre%20REA%20%2... 6/2/2006
Page 1 of 1
Esther Gesick
From: Brad Mueller
Sent: Monday, June 05, 2006 7:59 AM
To: Esther Gesick
Subject: RE: Draft Notice
Esther:
I'm sorry I didn't get your note in time. Here's the missing info:
Poudres Valley Rural Electric Association, Inc.
7649 REA Parkway
Fort Collins, CO 80528
Legal: SE4 of Section 5, Township 11 North, Range 66th North of the 6th P.M.
Located west of Highway 85, approximately 3 1/2 miles south of the Wyoming state border.
I've dropped the supporting information and staff memo in Interoffice Mail, so you'll get that today, too.
Thanks,
Brad
From: Esther Gesick
Sent: Friday, June 02, 2006 2:11 PM
To: Brad Mueller
Subject: Draft Notice
Brad,
Please provide the inforamtion highlighted in red and make any other modifications to the document, return it to
me, and then I'll print and get them in the mail.
Thanks!
Esther
6/5/2006
Page 1 of 1
Esther Gesick
From: Carol Harding
Sent: Wednesday, May 10, 2006 4:35 PM
To: Esther Gesick
Subject: FW: Appeal to the board
ai - a - ao . b . i
From: Brad Mueller
Sent: Wednesday, May 10, 2006 4:31 PM
To: Carol Harding
Subject: RE: Appeal to the board
Carol,
Will you please call me when you've looked at this. This is my first appeal, and I just want to talk through it with
you.
Thanks,
Brad
From: Mansour, Mike [mailto:mmansour@PVREA.com]
Sent: Wednesday, May 10, 2006 2:26 PM
To: Carol Harding
Cc: Brad Mueller
Subject: Appeal to the board
Attached is my letter to the board based on Sec. 2-4-10 of the Weld county Planning Code. Please let me know if
I need to provide any additional information to you.
Regards Mike
970-215-2386
5/17/2006
Hello