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Home My WebLink About20020145 INVENTORY OF ITEMS FOR CONSIDERATION Applicant Calpine Case Number USR-1339 Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Staff Comments (12 pages) X 3 Department of Planning Services field check form X 4 Planning Commissioner field check form X 5 Letter to Applicant X 6 Photograph of sign posting X 7 Legal Notifications (3 pages) X 8 Application X 9 Maps X 10 Referral List X 11 Referrals without comment— Removed from File - BLANK X 12 Weld County Zoning Compliance, referral received 6/13/2001 X 13 Weld County Department of Public Health and Environment, X referral received 10/8/2001 and 10/10/2001 (4 pages) 14 Weld County Department of Public Works, referral received X 5/29/2001 (2 pages) 15 Weld County Department of Building Inspection, referral X received 6/11/2001 16 Division of Wildlife, referral received 6/1/2001 and 10/17/2001 X 17 Weld County Sheriffs Office, referral received 5/31/2001 X 18 Hudson Fire Protection District, referral received 9/10/2001 X 19 Colorado Department of Transportation, referral received X 6/18/2001 20 Southeast Weld Soil Conservation District, referral received X 6/11/2001 21 Town of Hudson, referral received 6/7/2001 X 22 Town of Keenesburg, referral received 6/21/2001 X 23 Deed/Certificate of Conveyance X 24 Surrounding Property/Mineral Owners X 25 Utilities X EX I*lT Do L 0/c/5 US►24)33 26 Soil Survey n/a 27 Department of Army, referral received 6/6/2001 X 28 County of Sutter X 29 Letters - Molly Sommerville X 30 Presentation Notes and Response to Conditions X 31 Letter -Calpine October 31, 2001 - DUPLICATE X 32 Letter -Calpine -Yuba City X 33 Resolution -Town of Hudson X 34 Heather Mechtly Fax -Notice X 35 Letter -Bob Burroughs, P.C. X 36 Memo - Public Works X 37 Maps -Calpine -Duplicates X 38 Letter-Randy Yeager X 39 Photo and Map on Poster Board - Randy Yeager X 40 Photo and Map on Poster Board - Randy Yeager X 41 Copy of Power Point Presentation -Yeager X 42 Letter- Hudson Area Chamber of Commerce X 43 Letter-Craig Pralle X 44 Letter-School District RE -3J X 45 Resolution and Map -Town of Hudson X 46 Letter-Jim Arnold X 47 Information - Land Values X 48 Letter-Jeff Parker X 49 Letter- Lloyd Land X 50 Letter-Green Acres Turf Farm X I hereby certify that the 50 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office. Monica Mika ❖ Planner Wi�DC. LAND USE APPLICATION SUMMARY SHEET COLORADO Case Number: USR-1339 Hearing Date: November 6, 2001 Applicant: Rocky Mountain Energy Center, LLC (Calpine) Address: David Perkins, 1248 W. Hindsdale Dr., Littleton, CO 80120 Request: A Site Specific Development Plan and Special Review Permit for a Use by Right, an Accessory Use and a Use by Special Review in the Industrial Zone District (Power Generation Facility,including a one hundred seven(107)acre Wellfield Site, an approximately eight(8)mile long Gas Pipeline and an approximately twenty-two (22) mile Water Pipeline), and Agricultural Use by Right in the Agricultural Zone District in the A (Agricultural) Zone District. Legal Description: Power Generation Facility: Section 31, T2N, R64W and Wellfield Site: Section 7, T5N, R64W and Various Parcels along the Gas Pipeline and Water Pipeline. Location: Power Generation Facility: East of and adjacent to WCR 49, one mile north of State Highway 52,east of 1-76, adjacent to 1-76 frontage road. Access to this site is located off of WCR 16.5 and WCR 51 and WCR 58. Wellfield site: located at the northwest corner of the intersection of WCR 58 and WCR 51. Access to the site is located off of WCR 51. Size of Parcel: Power Generation Facility: 88+/- acres; Wellfield Site: 107+/- acres. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: • Weld County Zoning Compliance, referral received 6/13/2001 • Weld County Department of Public Health and Environment, referral received 10/7/2001 and 10/8/2001 • Weld County Department of Public Works, referral received 5/29/2001 and 11/6/2001 • Weld County Department of Building Inspection, referral received 6/11/2001 Rocky Mountain Energy Center, USR 1339,page 1 [1: EXHIBIT 2002-0145 Weld County Sheriffs Office, referral received 5/31/2001 Hudson Fire Protection District, referral received 9/10/2001 • Southeast Weld Soil Conservation District, referral received 6/11/2001 • Town of Keenesburg, referral received 6/21/2001 • Town of Hudson, referral received 6/7/2001 and 10/17/2001 • Office of Emergency Management, referral received 6/5/2001 Colorado Department of Transportation, referral received 6/18/2001 • US Army Corps of Engineers, referral received 6/6/2001 Colorado Division of Wildlife, referral received 6/1/01/ ,10/17/01 and 10/25/01 Rocky Mountain Energy Center, USR 1339,page 2 SPECIAL REVIEW PERMIT � ' ADMINISTRATIVE REVIEW /WIiDc. COLORADO Planner: Monica Daniels-Mika Case Number: USR-1339 Hearing Date: November 6, 2001 Applicant: Rocky Mountain Energy Center, LLC (Calpine) Address: David Perkins, 1248 W. Hindsdale Dr., Littleton, CO 80120 Request: A Site Specific Development Plan and Special Review Permit for a Use by Right, an Accessory Use or a Use by Special Review in the Industrial Zone District(Power Generation Facility, including a one hundred seven (107) acre Wellfield Site, an approximately eight (8) mile long Gas Pipeline and an approximately twenty-two (22)mile Water Pipeline)and Agricultural Use by Right uses in the Agricultural Zone District in the A (Agricultural) Zone District. Legal Description: Power Generation Facility: Section 31, T2N, R64W and Wellfield Site: Section 7, T5N, R64W and Various Parcels along the Gas Pipeline and Water Pipeline. Location: Power Generation Facility: East of and adjacent to WCR 49, one mile north of State Highway 52,east of 1-76, adjacent to 1-76 frontage road. Access to this site is located off of WCR 16.5 and WCR 51. Wellfield site: located at the northwest corner of the intersection of WCR 58 and WCR 51. Access to the site is located off of WCR 51 and WCR 58. Parcel Size: Power Generation Facility: 88+/- acres; Wellfield Site: 107+/- acres. Parcel Number: Various THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23- 2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: Rocky Mountain Energy Center, USR 1339, page 3 a. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinances in effect. By dedicating a small portion of the site for improvements,the applicant has made an attempt to preserve prime farm land. Further, as stated in the application materials no "Prime" farm ground will be taken out of production. Of the 633 acres at the Power Generation Facility site only 88 acres will be used for facility purposes. The Well Field site will continue to be predominately agricultural as only ten of the 107 acres will be used for well field activities. Presently, the Wellfield site location is in sub irrigated pasture and a portion of the Power Generation Facility site is in agricultural production served by a center pivot irrigation system. According to application materials, the existing center pivot will continue to irrigate the Power Generation Facility Site. The application satisfies the following goals as cited from Chapter 22 of the Weld County Code. Section 22-2-60.A.1 (A .Goal 1) states " the application preserves prime farmland for agricultural purposes which foster the economic health and continuance of agriculture". The design and layout of both sites has attempted to preserve agricultural lands, and historic farming practices will continue. According the application materials both parcels will retain existing water rights to irrigate the farm ground. The Power Generation Facility was designed to be located on a partially sloped area west of the cultivated portion of the site. Additionally, existing infrastructure is available by rail lines and Interstate 1-76. As a condition of approval local roadway upgrades will be required. Section 22-2-60.B.1 (A. Goal 2) states "the application allows commercial and industrial uses which are directly related to or dependent upon agriculture to locate within agricultural zoning when the impact to surrounding properties is minimal,and where adequate services and infrastructure are available." The majority of the land surrounding the Power Generation Facility will serve as a buffer between existing residential units in the vicinity of the site and the industrial and commercial development occurring adjacent to the municipal limits of the Town of Hudson. Section 22-2-60.C.1 (A. Goal 3) states "Discourage urban-scale residential, commercial and industrial development which is not located adjacent to incorporated municipalities. The Town of Hudson industrial park is located west of and adjacent to the site. This industrial park is presently under development and has been identified by the Town of Hudson for heavy industrial uses. As cited in Section 22-3-10.A"the effective and efficient delivery of adequate public service is one of the primary purposes and benefits of effective land use planning." Furthermore, Section 22-3-10.D states "one of the basic objectives of the County is to plan and coordinate a timely, orderly, and efficient arrangement of public facilities and services." Public Facilities and Service goals as referenced in Section 22-3-50.A.1 (P. Goal 1)states "...to promote efficient and cost effective delivery of public facilities and services, and Section 22-3-50.B.1 (P. Goal 2) "...requires adequate facilities to ensure the health, safety and general welfare of the present and future residents of the County." The proposed Power Generation Facility, Rocky Mountain Energy Center, USR 1339, page 4 including the one hundred seven (107) acre Wellfield Site, and approximately an eight (8) mile long Gas Pipeline and an approximately twenty-two (22) mile Water Pipeline and Agricultural Use by Right uses have been reviewed and the attached Development Standards and Conditions of Approval will ensure protection of the health safety and welfare of the residents and the County. b. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)Zone District.Section 23-3-310.B.1 of the Weld County Code provides for a use permitted as a Use by Right and Accessory Use or a Use by Special Review in the Industrial Zone Districts for a Power Generation Facility.The attached Development Standards and Conditions of Approval will mitigate impacts to the surrounding community. Wellfield site activities are considered as a use clearly incidental and accessory to the operations of a Use Allowed by Right in the Agricultural (A) Zone District. Additionally, one residential structure is located on each parcel. Both these structures are viewed as principal structures and are a use by right. c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The Power Generation Facility property is contiguous with the Town of Hudson's municipal boundary, and as such, is directly west of and contiguous with the Town's Industrial Park. A Waste Water Treatment Facility has been planned for a portion of adjoining industrial park. Other industrial applications are occurring adjacent to the Power Generation Facility site. Several large agricultural operations surround the site in all directions. Many of these farming operations have been approved by the Use by Special Review process. The Town of Hudson reviewed this application and found no conflicts with their interests. The Town of Keenesburg also reviewed this application and found no conflicts with their interests, but did suggest the need to enter into a water agreement with the applicant. The Wellfield site is located in a predominately agricultural area. Surrounding land uses are in agricultural production. The introduction of the wells will not adversely effect the visual appeal of the site. The Town of Kersey reviewed the application and did not respond. d. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The Towns of Hudson and Keenesburg reviewed this application and found no conflict to their interests. The Power Generation Facility site location is outside of the Town of Keenesburg's Intergovernmental Agreement Area and the Town of Kersey's Intergovernmental Agreement area does not include the Wellfield site location. Rocky Mountain Energy Center, USR 1339, page 5 e. Section 23-2-220.A.6--The applicant has demonstrated a diligent effortto conserve prime agricultural land in the locational decision for the proposed use. The areas within the Use By Special Review area has been designated as "Prime if Irrigated" and "Non-prime", by the Important Farmlands of Weld County dated 1979. A portion, 545 acres, of the Power Generation Facility site has been designed to preserve existing farmland and environmentally sensitive areas. The Department of Planning Services staff is recommending that the Use by Special Review boundary of the Plant Site be modified to correlate with the property ownership. This modification is listed as Condition of Approval 3.A.3 and ensures that the existing agricultural buffer area will be associated with the Power Generation Facility site activities. Due to well site activities ten (10) acres of the Wellfield Site will be disturbed and the existing agricultural land uses will continue. The existing farm house will be used as a primary dwelling. Further, on both sites the existing agricultural use will be maintained by the use of the water rights presently associated with the farming practices on both sites. f. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), 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. The Weld County Sheriffs Office and the Hudson Fire District reviewed this application and found no conflicts with their interests. The Colorado Department of Transportation declined to comment. The Weld County Department of Public Health and Environment reviewed this application and recommended approval with the attached Conditions of Approval which will ensure the safety and welfare of the inhabitants of the County are maintained. 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 Department of Planning Services' staff 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 completed plat shall be delivered to the Weld County 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) Rocky Mountain Energy Center,USR 1339,page 6 2. Prior to scheduling a Board of County Commissioners hearing: A. Section 22-5-100.A of the Weld County Code states "oil and gas exploration and production should occur in a manner which minimizes the impact to agricultural uses and the environment and reduces the conflicts between mineral development and current and future surface uses." Section 22-5- 100.B of the Weld County Code states"...encourage cooperation,coordination and communication between the surface owner and the mineral owner/operators of either the surface or the mineral estate." Finally, Section 22-5-100.B.1 of the Weld County Code states "new development should be planned to take into account current and future oil and gas drilling activity to the extent oil and gas development can reasonably be anticipated." The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. The plat shall be amended to include any possible future drilling sites. (Department of Planning Services) • B. • The applicant shall supply an approved water agreement demonstrating that adequate water can be made available to the site for a thirty year period, or change the terms of the USR to ten years. C. The applicant shall submit the Class I Cultural Resource Survey conducted through the Colorado State Historic Preservation Office. Findings of this study shall be incorporated into the design of both sites. D. The applicant shall submit the Contingency Plan for review and approval to the Department of Public Health and Environment, Emergency Management Office and the Planning Department. E. The applicant shall resubmit a complete set of case maps, utilizing a consistent scale either 1:100 or 2:200, and all maps shall be labeled and numbered. 3. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1) A lighting plan detailing on and off site impacts. The plan shall incorporate exterior lighting designed with hooded downward illumination. This plan shall be reviewed and approved by the Division of Wildlife and approved by Weld County Department of Planning Services staff. Rocky Mountain Energy Center,USR 1339,page 7 2) All ditch and irrigation structures shall be identified by name and a copy of all irrigation and ditch agreements shall be included in the record. 3) The applicant shall modify the boundaries of the Use by Special Review permit to correlate with property ownership. This modification will ensure that the amount of agriculture land presently associated with and used as a buffer will remain a part of the Use By Special Review permit. 4) Any requirements cited from the Cultural Resource Study. 5) A defined parking area on the plant facility wellfield site shall be identified. The parking area shall be paved and meet the parking requirements of Section 23.A and B of the Weld County Code. B. Submit appropriate Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application to the Air Pollution Control Division, Colorado Department of Public Health and Environment for the power plan facility and the construction of the gas and water lines. Submit evidence of approval to the Department of Planning Services. (Department of Public Health and Environment) C. In the event the well site maintenance building or any structure located on the power plan property is equipped with a floor drain, the applicant must apply for an Underground Injection Control (UIC) Class V Injection Well permit through the Environmental Protection Agency, or provide evidence that the applicant is not subject to this requirement. Submit evidence of approval to the Department of Planning Services. (Department of Public Health and Environment) D. All septic systems located on the property shall have appropriate permits from the Weld County Department of Public Health and Environment. Any existing Septic systems (s) which is not currently permitted through the Weld County Department of Public Health and Environment will require an I.S. D. S,. Evaluation prior to the issuance of the required septic permits. In the event the system (s) is found to be inadequate, the systems must apply be brought into compliance with current regulations. Submit evidence of approval/compliance to the Department of Planning Services. (Department of Public Health and Environment) E. The applicant shall obtain a Storm Water Discharge Permit from the Colorado Department of Public Health and Environment, Water Quality Control Division, for the construction of the well field, gas and water lines, and the construction and operation of the Power Generation Facility and Wellfield Site, if applicable. Submit evidence of approval/ compliance to the Department of Planning Services. (Department of Public Health and Environment) F. The applicant shall provide evidence to the Weld County Department of Public Health and the Environment that any existing or constructed well(s) have been appropriately permitted/registered with the Colorado Division of Water Resources. Submit evidence of approval/compliance to the Department of Planning Services. (Department of Public Health and Environment) Rocky Mountain Energy Center, USR 1339,page 8 G. The facility shall provide evidence that all waste treatment and disposal systems are designed to meet the "Zero Liquid Discharge" criteria described in the application materials. The systems shall be designed by a registered professional engineer. All waste water treatment systems shall comply with all applicable rules and regulations. Submit evidence of approval/compliance to the Department of Planning Services. (Department of Public Health and Environment) H. An individual sewage disposal system or package sewage treatment plant shall be installed at the Power Plant to treat sanitary wastes. In the event a septic system is installed, it shall be designed and installed according to the Weld County Individual Sewage Disposal Regulations. In the event a package plan is the chosen method of treatment for sanitary wastes,the plan shall comply with all requirements of the Water Quality Control Division of the Colorado Department of Public Health and Environment. Submit evidence of approval/ compliance to the Department of Planning Services. (Department of Public Health and Environment) The applicant shall provide evidence it has obtained a permanent, potable water supply to serve the power plant that complies with the Colorado Primary Drinking Water Regulations (5 CCR 1003-6). Submit evidence of approval/ compliance to the Department of Planning Services. (Department of Public Health and Environment) J. The applicant shall enter into a Road Maintenance and Improvements Agreement with the Weld County Public Works Department for the upgrading and paving of Weld County roads which are associated with the Power Generation Facility site location,and any additional intersections impacted with heavy hauling/vehicle traffic that may be identified in the Traffic Study. Submit evidence of approval/compliance to the Department of Planning Services. (Department of Public Works) K. The applicant shall supply a storm water drainage report in accordance with 23-2- 240 (A5). The storm water management during construction will be controlled through the use of grading, retention ponds, staked hay bales, and other erosion control techniques. Submit evidence of approval/compliance to the Department of Planning Services. (Department of Public Health and Environment) L. The applicant shall obtain a Right-of-Way Use Permit for placing or crossing any Weld County rights-of-way. Submit evidence of approval/ compliance to the Department of Planning Services. (Department of Public Works) M. The applicant shall submit to and receive approval from the Weld County Public Works Department for a Weed Management plan. Submit evidence of approval/ compliance to the Department of Planning Services. (Department of Public Works) N. If necessary the applicant shall supply an approved water argumentation augmentation plan approved by Water court. (Department of Planning services) 4. 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) Rocky Mountain Energy Center,USR 1339,page 9 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ROCKY MOUNTAIN ENERGY CENTER, LLC (CALPINE) USR-1339 1. The Site Specific Development Plan and Special Use Permit is for A Site Specific Development Plan and Special Review Permit for a Use by Right, an Accessory Use or a Use by Special Review in the Industrial Zone District(Power Generation Facility, including a one hundred seven (107) acre Wellfield Site, an approximately eight (8) mile long Gas Pipeline and an approximately twenty-two (22) mile Water Pipeline in the Agricultural Zone District in the A (Agricultural)Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. (Department of Planning Services) 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.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. The existing Emission Permit must be modified for the increased operation if the Colorado Department of Health and Environment determines that such a modification represents a significant change in emissions or production. (Department of Public Health and Environment) 5. No permanent disposal of wastes shall be permitted at this site. (Department of Public Health and Environment) 6. 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 and Environment) 7. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment) 8. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment) 9. Adequate toilet facilities shall be provided for employees and the public. (Department of Public Health and Environment) 10. The applicant shall provide adequate toilet facilities (port-a-potty) during the construction of phases of the project. (Department of Public Health and Environment) 11. The facility shall provide bottled water for drinking during construction of the project. (Department of Public Health and Environment) Rocky Mountain Energy Center, USR 1339,page 10 12. The facility shall maintain compliance with all requirements of the Water Quality Control Division of the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) 13. The Power Plant shall be equipped with an adequate water supply for drinking and sanitary purposes. The water supply shall comply with all applicable portions of the Colorado Primary Drinking Water Regulations (5 CCS 1003-6). (Department of Public Health and Environment) 14. The facility shall operate as a "Zero Liquid Discharge" site. With the exception to sanitary wastes, no liquids shall be disposed into the earth. (Department of Public Health and Environment) 15. The facility shall not impact off-site air temperatures. (Department of Public Health and Environment) 16. The facility shall adhere to all rules and regulations of the Air Pollution Control Division of the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) 17. The landscaping on site shall be maintained in accordance with the approved Landscape Plan. (Department of Planning Services) 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 19. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 20. There will be no staging or parking of equipment or vehicles on Weld County Roads adjacent to the proposed facilities. Only on site parking shall be utilized for this activity. All access drives and parking areas shall be surfaced with asphalt or equivalent and shall be graded to prevent drainage problems.(Department of Public Works) 21. All new buildings will require review and building permit approval. Plans for buildings and foundations shall be designed by a Colorado professional architect or engineer.(Department of building Inspection) 22. Pursuant to Section 404 of the Clean Water Act, if any work associated with this project requires the placement of dredge or fill materials, and any excavation associated with a dredge or fill project, either temporary or permanent, in waters of the United States the Department of the Army shall be notified. (Department of Army Corp of Engineers) 23. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review has not commenced from the date of approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive. The county shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of Division 4 of the Weld County Code in order to reestablish any Use by Special Review. (Department of Planning Services) Rocky Mountain Energy Center, USR 1339,page 11 24. Personnel from the Weld County Departments of Public Health and Environment, Department of Public Works and Planning Services 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. Rocky Mountain Energy Center,USR 1339,page 12 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FM (970) 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 I O COLORADO May 22, 2001 C. David Perkins 1248 W. Hinsdale Drive Littleton, Colorado 80120 Subject: USR-1339- A Site Specific Development Plan and Special Review Permit for a Use by Right, an accessory Use or a Use by Special Review in the Commercial or Industrial Zone Districts (Power Generation Facility, including a one hundred seven (107) acre Wellfield Site, an approximately eight(8)mile long Gas Pipeline and an approximately twenty-two(22)mile Water Pipeline) in the Agricultural Zone District. Dear Applicant: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for July 17,2001,at 10:00 a.m. This meeting will take place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Hudson and Keenesburg Planning Commissions for their review and comments. Please call 303-536-9311 and 303-732-4281 for further details regarding the dates,times, and places of these meetings. It is recommended that you and/or a representative be in attendance at the Hudson and Keenesburg Planning Commission meetings to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway(access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. • Respectfully, Julie Chester Planner EXHIBIT r J wilgC^� DEPARTMENT OF PLANNING SERVICES . PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 COLORADO WELD COUNTY ADMINISTRATIVE OFFICES 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 October 12, 2001 David Perkins 4160 Dublin Boulevard Dublin, CA 94568 Dear Mr. Perkins: It has been a week since my site visit to the proposed facilities, and I would like to thank you for the tour. As discussed, I still need to obtain additional information concerning the cultural resources on both parcels, ,particularly regarding the archeological investigation and resource indications. There is little information in e file pertaining to re-water augmentation plans at the Kersey site. This information needs to be submitted. Additionally, while a time line has been proposed for the life of the facility, no information addresses a closure plan. I faxed the Department of Heath &Environment comments to you yesterday. Until this information has been submitted, and time allowed to review the study, the Health Department is recommending a continuance. Please submit the above information as soon as possible to allow time to incorporate this information into the record. I look forward to hearing from you soon. I may be reached at the above address and telephone number. The information may also be faxed to the Weld County Department of Planning at 970-304-6498. 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A„PU' LIG ,' V ul!I r „ PROPERTY i,WILL'SE'HEL©AT =- N, ii,i''!;STREET GREELEY, COLOR DOB N � . 9 ST ` i , ?N ' ` , WW ATICN CALL THE I { A�i'MC�AE INFOR M , ? NNING II, �N ' r �, •,rC�I�NTY I�EP7 +� , ';�i J i Wquu tJilliN � 1i1171Y Y� ; .� t n Name: MVC-007F.JPG Dimensions: 640 x 480 pixels • I , lyy <rkr I, t w+ o a ;aa* rni u[iaf P Marv".` '+ ., n{`Eh i . dili��uf� I1I,„ B:9m �((ii1]`J[ i�i � ,ra wen°VD w . MNn: c....a I§p n^d ap af�p ppYY1 14 M+' > n � � � xI: I k $a�•py.J P9 N 11 fi I$'s N 'Aka'",'"" a'" k � , ialIsN ! It!r! P L'1 b rc' Ix mA t" #� , �' ` a 1 I s i ' I C I �.N • ro0,r p d i w ' {1 1 in t u 1 '',,, C,.— �qro .}le 4s ! • �,' .pair � r !" I Ae A Rt.�"— .j ad ,. 44 NF ,d4 4• nip P�„* x .0.s i �4 p,Y• ". li ry 'I`" !'i A J N,. At ti m h b "r +,apf • ' N��' y *. d' • ;z i rot 1 , ,a J'a . , , �4 �6 V e r II" a* t b .4 a,I M 'at! I Lary y e' 1. CV a mss. iW_a/pkO t fye so, n, Name: MVC-004F.JPG Dimensions: 640 x 480 pixels ei� ' ilhi . � f r Ali N }i a I i ilii „ . ,norm=i ' } �l �{ y 77 r : I i y 7 `�� r t , . e , , Inil ll I { a) , ,,, l r ' EEill� � - "- t±,It ill fp, 7.iy�j. € YB 1 twit- ix wGG�� I�rsN.., -. iilti . i ,,wilil jk I I ,4, *4., • +d :a FZG' }l�y'yy I�`rIIYµ` B . ly n 1• 1O411 4 a t i[-04Ir P . I Name: MVC-005F.JPG Dimensions: 640 x 480 pixels « ia of , AEI 3 trilecB «a4 f Pit,it" „It it ,iii ��' Z it k x i ir J d VsRa �. F ,I(f(h� h I t f s 4z f 9 `I ke i i 44, A 11 1 f.rll 1l i{{ II�i Itt .I .. . Ijlili 1 f ~w.. �I��G ux.J.a ni• .. . .y« fry II IL 1 „.I f I`t yy rid n di i . + I • .E .=• oor p .,vy.p'fM.n,p .. r . t. M b a 44' ii s Po , a a . • f o • f k .d r P,. . Name: MVC-006F.JPG Dimensions: 640 x 480 pixels MEMORANDUM _ ?.y kVn TO: Weld County Planning Commission July 9, 2001 r‘if�U to COLORADO From: Julie A. Chester, Planner III ' C i SUBJECT: Continuance of USR 9 for the Rocky Mountain Energy Center, LLC (Calpine) The Weld County Department of Planning Services is requesting an indefinite continuance for Site Specific Development Plan and Special Review Permit USR-1339, at the request of the applicant. The attached letter was received on June 28, 2001 requesting the continuance based on issues concerning traffic, landscaping and water, which the applicant would like to address further, prior to having a hearing with the Planning Commission. An indefinite continuance will require re-notification of all surrounding property owners within 500', a sign will be re-posted and a re-publishing of the legal notice in the newspaper will all be required, a minimum of ten days proceeding any new hearing date. For these reasons, the Department of Planning Services recommends for the continuance as requested by the applicant. Thank you for your consideration in this matter. Rocky Mountain Energy Center, LLC 6700 Koll Center Parkway, Suite 200 Pleasanton, California 94566 Department of Planning Services Attn: Julie Chester 1555 N. 17th Avenue Greeley, CO 80631 Re: Hearing on Application for Use By Special Review Permit for Rocky Mountain Energy Center, Weld County, Colorado Dear Ms. Chester, Rocky Mountain Energy Center, LLC (RMEC) submitted an application for Use by Special Review Permit on May 15, 2001. Pursuant to the Weld County Zoning Ordinance, the Planning Commission has scheduled a public hearing on the application for July 17, 2001 . Since filing the application, RMEC has participated in a public open house held by Public Service Company (relating to the transmission lines), held its own public open house, and met with many citizens individually to discuss the impact of the proposed project. In addition, the application has been referred to various governmental entities for review and comment. RMEC would like to seriously consider the comments and suggestions that have been presented and take the opportunity to clarify and focus its direction in light of these various suggestions as they relate to certain aspects of its plan, such as traffic, landscaping, and water. Therefore, RMEC respectfully requests a continuance of the Planning Commission public hearing for an indefinite time period to address these comments and suggestions. Please let me know if you have any questions or need any additional information. Thank you. Sincerely, David Perkins, Director - Project Development Rocky Mountain Energy Center, LLC Please Plan to Attend ! Public Service Company of Colorado is hosting an open house workshop to request input on plans to construct a new electric transmission line to serve our customers. ROCKY MOUNTAIN ENERGY CENTER 230/345kV TRANSMISSION LINE INTERCONNECTION PROJECT When: Tuesday,June 19, 2001 Once the line has been energized, there is still additional cleanup and restoration of disturbed terrain Where: Weld Central JR SR High School that will take place along the right-of-way. PSCo 4977 County Road 59 representatives may have already talked to affected Keenesburg, CO landowners about this process. We will try to coordinate all of this work with farming activities to minimize further crop damage. In addition to reclamation work, cash Time: Between 3:00 p.m. and 7:00 p.m. payments will be tendered to landowners that have suffered crop loss either to growing crops or to fields in Xcel Energy/Public Service Company of Colorado which transmission line construction activities have (PSCo),is proposing to construct,operate and maintain restricted or delayed farming this spring. a 230/345kV electric transmission line interconnection between the Rocky Mountain Energy Center(RMEC) and PSCo's Green Valley Switching Station.The RMEC &nuwsuan is a 585 megawatt(MW)natural gas-fired power plant proposed by Calpine to be constructed northeast of Eck Hudson. PSCo has filed an application to obtain a sore Special Review Permit for this project with Weld "" °w"'rglee } County.This application will be supplemented based onf�' :� mss" } input received at the workshop. _, Q Weld County The Colorado Public Utilities Commission (PUC) ° 9i JR/SR High School requires PSCo to evaluate generation resources to d meet the need of the electric customers in Colorado. Hwy. 52 u This evaluation occurs within the framework of the PUC 4c regulatory rules through the Integrated Resource 0200 My Corp,GOT Planning (IRP) process. The RMEC proposed by Calpine was formally approved by the PUC on February 23, 2001. As a result of this approval by the PUC, PSCo is required to construct the required transmission Public Workshop Location Map facilities to connect the electricity generated by the RMEC into the system for delivery to customers. Information will also be available regarding construction Please plan to stop by the open house to team more of the Fort St. Vrain to Green Valley 230/345 kV about PSCo's electric system needs in the area and to transmission line that is nearing completion and provide input regarding the location of the new expected to be ready to energize in mid-June. PSCo transmission line. The open house will provide an and its contractors wish to sincerely thank all of the informal format to discuss several items of interest landowners in the area and especially those property including: the need for the project and local benefits; owners over which our right-of-way crosses. Your environmental planning and facility siting; land rights; cooperation and patience has greatly benefited this engineering design and construction schedule;and the project. proposed RMEC generation plant. Those unable to attend can get further information by contacting Rick Thompson at(303) 571-7568 or 1-800-621-9427, or writing to Mr.Thompson in care of Public Service Company of Colorado at 550 15`"Street, Suite 700, Denver, Colorado 80202 or e-mail to rick.thompson@xcelenergy.com. 'Q � s 0 ya e a o � v T 2 Itl ri N F ti C A0 L4 F <, $ p C fi I U 0'm s ^v1 p O 0 Oc n O K _ t C A Pll L9 9U::: PUS9 PU Nomad Gh6. 00C tsar PI£9 Pi 13.9mH CC a a �I, PUI9 6 e Z -- IDNO I- P8 aYad •e 6 • -,.., ; S .6, d I—' N. - -vas.; a Pd98mmmo �V'. . _ v. / se••'� o — el ES PU°^G1vnj m 1 i� +aP S4. � PY IS PIT 9w uapo [ ffl la .. `S 0ID0 Pll 6b _ PU 'PJ°IA .., ::4.- y s' J all. m ,,Prawn' Z rI z $ Q O s C Intm.. ..H 1, - PIT 50 0 ..-V 7 licst i au, -'',74 I 3 �-- as y «w, mk N r PU6E 1 -. FIELD CHECK CASE NUMBER: USR-1339 DATE OF INSPECTION: nF-1 H-01 APPLICANT'S NAME: Rocky Mountain Energy Center, LLC (Calpine) PLANNER: Julie Chester REQUEST: A Site Specific Development Plan and Special Review Permit for a Use by Right,an accessory Use or a Use by Special Review in the Commercial or Industrial Zone Districts (Power Generation Facility, including a one hundred seven(107)acre Wellfield Site,an approximately eight(8) mile long Gas Pipeline and an approximately twenty-two(22) mile Water Pipeline) in the Agricultural Zone District. LEGAL DESCRIPTION: Power Generation Facility: Section 31, T2N, R64W and Wellfield Site: Section 7, T5N, R64W of the 6th P.M., Weld County, Colorado. and Various Parcels along the Gas Pipeline and Water Pipeline. (See application for more detailed legal descriptions). LOCATION: Power Generation Facility: East of and adjacent to WCR 49, one mile north of State Highway 52,just east of 1-76, Wellfield site: North of WCR 58, West of WCR 51. LAND USE: N I-76; agricultural E Uncultivated field (with for sale sign) ; five residences with view S Two residences; small pond W Two residences: cultivated field: small industrial site ZONING: N A(Agricultural) E A(Agricultural) S A(Agricultural) W A(Agricultural) COMMENTS: This site will have a high impact on the residences surrounding the proposed facility. Each of the nine residences I viewed will have a direct view of the site that it will be difficult to screen. Five of the residences to the east sit on a hill overlooking the proposed site. Two are directly across a narrow unpaved road. P.C. Member COf EXHIBIT FIELD CHECK inspection date:10-5-01 Power Plant Site CASE NUMBER: USR-1339 APPLICANT: Rocky Mountain Energy Center LLC LEGAL DESCRIPTION: LOCATION: Zoning Land Use N A (Agricultural) N 1-76 E A (Agricultural) E AG/Some Small Farm Residence S A (Agricultural) S AG Crop Production W A (Agricultural) W AG/Industrial Park COMMENTS: • Native Grasses, Ag production • Existing set of farm improvements with access off WCR 51 which is gravel. • Site has frontage off WCR 16 which is gravel • Southwest Corner of site is Ruby Lake • Separating Ruby Lake and the rest of the site Were are some topographical issues with slope, change in elevation • Primary access off of I-76 over RR Crossing then onto WCR 51 • Two signs posted one at the entrance to RMEC property boundary, die other on WCR 16 EXHIBIT 1 3 FIELD CHECK inspection date: 10/9/01 Wellfield Site CASE NUMBER: USR-1339 APPLICANT: Rocky Mountain Energy Center, LLC LEGAL DESCRIPTION: LOCATION: Zoning Land Use N A (Agricultural) N Corn Production/River E A (Agricultural) E Agriculture Production/Farmhouse S A (Agricultural) S Agriculture Production W A (Agricultural) W Agriculture Production COMMENTS: • Access from WCR 58 which is a paved road and WCR 51 a gravel. • Sign Posted at WCR 58 & WCR 51 on 10/5/01 • Sub-irrigated pasture with Plum Ditch Bisecting the site. • Portions of the site are flat while others slope to the north. Intersection of WCR 58 & WCR 51 (Southwest Corner) of the site is very hilly and slopes to the north. • Existing improvements with the access of WCR 58 served by an internal dirt driveway. These improvements consist of one residence and several outbuildings. (5 farm structures, 1 house-good condition) • Utility lines along roadway • 4 strand wire fences around the property Hello