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Home My WebLink About20023303.tiff • Xcel Energy- Siting and Land Rights PUBLIC SERVICE COMPANY 55015th Street,Suite 700 Denver,Colorado 80202-4256 Telephone:303.571.7799 Facsimile:303.571.7877 September 25, 2002 Mr. Chris Gathman, AICP Weld County Planning 1555 North 17th Avenue Greeley, CO 80634 RE: USR 1396, Public Service Company of Colorado Pipleine Dear Mr. Gathman: In reference to the above pipeline project , please be advised that Public Service Company of Colorado (PSCo) has received approval from the New Brantner Ditch Extension Company, and The Farmers Reservoir and Irrigation Company for the required crossings. As soon as I receive the fully executed agreements, copies will be forwarded to your office immediately. Should you wish to confirm with the ditch companies their contacts are: New Brantner Ditch Extension Company, Brice Steele (303-659-3171), and The Farmers Reservoir and Irrigation Company Manuel Montoya (303-659-7373). I thank you for your time and cooperation. S. el , Ri hard J. Gr , SR/WA Project Agent c?/l57 C��- 334 Xcel Energy- Siting and Land Rights PUBLIC SERVICE COMPANY 55015th Street,Suite 700 Denver,Colorado 80202-4256 Telephone:303.571.7799 Facsimile:303.571.7877 September 25, 2002 Mr. Chris Gathman, AICP Weld County Planning 1555 North 17th Avenue Greeley, CO 80634 RE: USR 1396, Public Service Company of Colorado Pipleine Dear Mr. Gathman: In reference to the City of Dacono's concerns about soil compaction, all of the road crossings will be bored and will in not interfere with the current compaction or any possible future expansion. I thank you for your time and cooperation. Should you have any questions or comments please contact me at your convenience. P www.xcelenergy.com Richard J. rady, SR/W Xcel Energy- Project Agent Richard J."Rick"Grady,SR/WA Project Agent,Siting and Land Rights 550 15th Street,Suite 700 Denver,Colorado 80202-4256 Phone:303.571.7737 Fax:303.571.7877 rick.grady@xcelenergy.com www.xcelenorgy.coro 7 Xcel Energy- John P.Gurbach Contractor,Transmission Engineering-South 550 15th Street,Suite 700 Denver,Colorado 80202-4256 Phone:303.571.7057 Fax:303.571.7877 john.gurbach@xcelenergy.com 0CT 07 '02 13:21 FR PUBLIC SERVICE-7TH FL303 571 7877 TO 819 03046498 P.02/17 RIGHT OF WAY EASEMENTS AND LICENSES THESE EASEMENTS AND LICENSES made and entered into this 18 day of , A.D. 2002 by and between The Farmers Reservoir and Irrigation Company, a Colorado corporation, as First Party, and Xcel , a Colorado corporation, as Second Party; WITNESSETH: THAT WHEREAS, First Party is the owner of those certain irrigation canals known as the Bull in Weld County, Colorado; and WHEREAS, Second Party desires to construct and maintain a gas line' in varying sizes over or under and across the rights of way of said canals at the locations and in the manner as shown on the drawings marked Exhibit A hereto attached and by this reference made a part hereof. Said Exhibit A consists of 2 sheets and each sheet represents a specific crossing; and WHEREAS, First Party is willing to grant the easements and licenses desired by Second Party. NOW, THEREFORE, in consideration of the sum of $3000 paid to The Farmers Reservoir and Irrigation Company the receipt of which is hereby acknowledged, and the agreements of Second Party to be performed hereunder and upon the conditions and for the period herein stated, First Party does grant to Second Party, its successors and assigns, easements and licenses to construct, install, lay, maintain, alter, repair, operate and remove a gas line over or under and across the strips of land which constitute a part of the rights of way of the canals hereinabove named at the specific locations and in the manner designated and referred to in the applicable sheet of Exhibit A. Second Party agrees not to commence construction of said gas line at any of the points described in Exhibit A without first having obtained the consent and approval thereof of the Superintendent of First Party. It is understood that, if the First Party only owns an easement for Canal and Lateral rights of way or any part thereof at the locations described in Exhibit A, this instrument shall grant to Second Party only such rights as First Party may under such circumstances grant. In laying and constructing said gas line and thereafter in repairing, maintaining or removing same Second Party shall do so in such manner as not to damage said Canals and Laterals or the embankments thereof and so as not to interfere with the flow of water in said Canals and Laterals. Any and all excavations made shall be immediately leveled off, and any damage to the Canals and Laterals, embankments, fences, roads or other improvements shall be promptly repaired by Second Party at its sole cost to the satisfaction of First Party. DOC - LICENSE AND EASEMENT AGREEMENT 1 OCT 87 '02 13:22 FR PUBLIC SERVICE-7TH FL303 571 7877 TO 9 703046498 P.83/17 v •_ it is mutually understood and agreed that this agreement and all the terms and conditions hereof shall extend to and be binding upon the parties hereto, their successors and assigns. EXECUTED in duplicate the day and year first hereinabove written. Attest: 01OIR & `--e President ;;), Its Secretary ty O °RATE z t� COS ° FIRST PARTY C0L0RPO Attest: By Its Its SECOND PARTY STATE OF COLORADO, se. COUNTY OF ADAMS. n PA The foregoing instrument rywas saacknowled{�,eed. before me this day oat-L.tE' .mil i9 by '�l ttir.. as President and.tUt,di.- - � �� -t ass f...l.ft y.Secretary o1 . -felS .fir e'y A . .. . /_--- , a.C-01 & -orporation. Witness my hand and notarial seal. My commission expires , �`j► ...°�, .' Notary Public STATE OF ,1 ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 19 , by as and as of , a corporation. Witness my hand and notarial seal. My commission expires Notary Public OCT 07 '02 13:22 FR PUB C SERVICE-7TH FL303 571 7877 TO 8 703046498 P.04/17 I -1 o 1 S 1 8 o ..o STA.178+128 NATURAL GROUND Z : m .+m 9 y V A c N , D 2n I N 1A > \ ac• .'1 ar A mn x a STA. 175+75.7 BEGIN BORE S▪ u — - —478 75. b A 1.+ 0 8 ♦ I•Q v'- a .. . RR 0001 ta g 41 g 3: 79+ 1.7 m r F F.I, ' 'rat ., Z n STA 179+01.7 BEAN CaNC,IRR OITtN - - m - @<m 791 .C Dam - G a STA.179+04.} TCC or SLOPE m "8 re. -gt T ire 4 H1 STA.179t05.t C/L OF NU.DITCH ri .• ui . SSTA.179106.1 TOE OF SLOPE . N ▪ o; 1J 04 }O STA.179tOd7 END CONC,RR DITCN Sit 179+17,8 NATURAL GROUND le - R il r S . 179+75.7 END BORE ill ot .0 ,• , tii •r, , ,y � r I I� I = o g Di .. T no 8k z In g h> Sit 180+18.0 NATURAL GROUND a , 1O 03 rcg 3 r Li m r2 § 1I no T \ u m \ • cn g4 Rpg JJ N. N i �l• i e el R Lai tpl aIA Pg N 't ° --- —6--- a n • Z eE 9 • • N i0 '\\ ` J 3f 0 0 ,•• a ... • m g 2J -_ Z -- -4 \ -4 • OCT 07 '02 13:22 FR PLIBLI SERVICE-7TH FL303 571 7877 TO 8703046498 P.05/17• • =00 m"z gg •G =S S Nw ZS 5TA.117+16,0 NA1URµ UMW N BE cite(cur _ LI 117 OD-1 / STA. 112A940 TOP CF SLOPE 5$ •E 4+....ICA CF > Ipn (pR1) STA 1)2+94.0 TOP OF SLOPE 0 F Iti r t 1113 17. STA. II3tOD.5 EON BORE XI y a STA, 117!12.4i2.4 C/1 OF BOII DITCH(jgy) fc / 0 C; a: I • C' , Bu O u (Cd1CREiE) a / STA.113136.8 TOP OF SLOPE rm 13 H I, 4;B m x STA.113+44.6 WINCONCAEIE IRRIGATION p1CH 111 4 'I CONCRETE IRRIGA110N pia Srt 113x/7.{ TOE Of ROPE C S In • F u 15414 d S ,o.� 51a 113t49.s c t a BULL pTCR(coNCRE E) EM A c , a1 a m Sia 113149.8 TOE Of SLOPE N STA.113i54.T END 15 �i I 11 t60,5 CONCRETE IRRIGATION DITCH N 8 I� /b Sit 113+60,5 ENO BORE F jR• NE 51A.113+82.7 CALCULATE°PROPERTy UNE P 0 X ; q GN�I �I c h I I o 5U. 14t72.9 NATURAL GROUND I m = 10 m .n.. ... . , I s o it I R • I C N p A • CA w 0 H Wm S C3 erg r'^ z 400 Or { Nre F O n 8 i 0 I—� "\ Lo,(� I._. 80� • 4 OSE ZY pR. O6 f a Z Z (�w Ka ny 1i ■allra11i vial u■ to II Itt 21 al O l) A ! - - C> ) Ili 1 ! el CD " Z " -i "._. .... _. ) uLI ur Ud 1.5'22 FR PUBLIC SERVICE-7TH FL303 571 7877 TO 9703046493 P.06/17 w .. • • CROSSING AGREEMENT 1. PARTIES. The parties to this Agreement are the New Brantner Extension Ditch Company, a Colorado mutual Canal company ("New Brantner"), and Public Service Company of Colorado, (the "Licensee"). New Brantner and Licensee are jointly referred to as the Parties. 2- RECITALS. The Licensee desires to obtain the permission of New Brantner to install by directional bore a 24" high-pressure gas line under the New Brantner Canal. Licensee owns or has acquired the right to utilize property located near the center of Section 3, Township 1 North, Range 67 West, Weld County, Colorado as demonstrated in the attached Exhibit "A" Plan Sheet labeled "permit 7". New Brantner agrees to permit the proposed installation, subject to the terms, conditions, covenants and agreements set forth in this Agreement. Accordingly, in consideration of the mutual promises set forth in this Agreement, the Parties covenant and agree as follows: 3. CONSTRUCTION. 3.1 Pursuant to the terms of this Agreement, the Licensee is granted a license to cross the Canal with a 24" high-pressure gas line (the "Installation") pursuant to the plans and specifications approved by New Brantner and attached hereto as EXHIBIT B. New Brantner's review of the plans and specifications is solely for its own benefit and creates no obligation on New Brantner. 3.2 With the exception of modification specifically noted in the plans and specifications, all portions of the Canal, bottoms, sides, banks, and all affected portions of New Brantner's easement which are disturbed by the Licensee's Installation shall be restored to their original condition so the flow of water in the Canal runs at the original amount and velocity. Any and all fencing and other facilities appurtenant to New Brantner's easement shall be replaced in a condition at least equal to the condition of such facilities and appurtenances prior to construction. 3.3 The Licensee shall not spill any dirt, debris or other foreign material into the Canal. In the event that dirt, debris or other foreign material is spilled into the Canal, the Licensee agrees to completely clean the affected portions of the Canal. 3.4 The Licensee agrees that the Installation shall proceed expeditiously and with reasonable diligence from the commencement of construction to its completion. The Installation shall be completed by August 2003. If the Installation is not completed by that date, this Agreement expires and is of no force or effect. 3.5 If the Licensee's construction interrupts New Brantner's water supply for any reason, the Licensee shall pay as damages the actual cost of providing water to those stockholders whose delivery is interrupted as a result of the Installation. C aMyDocsOitahes W ewBrantnenCronPmt\Publ icServieed.Pmtdoc uci 16702 13 23 FR PUBLIC SERVICE-7TH FL303 571 7877 TO 8 703046498 P.07/17 • 3.6 Licensee is responsible, at its own expense, for obtaining all local, state and federal permits or approvals and for compliance with all local, state and federal laws and regulations including but not limited to land use and environmental laws and regulations, and specifically including the Endangered Species Act, prior to beginning construction. Licensee shall indemnify New Brantner for any and all costs, damages, fines and fees, including reasonable attorneys' fees incurred by New Brantner as a result of Licensee's failure to obtain such permits or approvals or failure to comply with all applicable laws and regulations. 4. LICENSE FEE. Except where the license fee has been specifically waived by New Brantner via separate letter, the Licensee shall pay to New Brantner a license fee of$2,500.00. The license fee shall be paid prior to the commencement of the Licensee's construction. This license fee shall be in addition to any other costs for which the Licensee is responsible pursuant to this Agreement including attorney and engineering fees as mentioned in¶6. 4.1 If the license fee has been specifically waived by New Brantner, a copy of the letter to Licensee stating such action by New Brantner shall be attached to this Agreement as EXHIBIT C. 5. INSPECTION. 5.1 The Licensee shall notify New Brantner at least five (5) days prior to the commencement of the installation or repair of the installation, permitted by the Agreement, except for emergency repairs which are provided for in ¶7 of this Agreement. New Brantner is permitted to inspect the Installation or repairs to the Installation during construction. Upon completion of the installation or repairs to the Installation,New Brantner may inspect the Installation. 5.2 New Brantner's right to inspect the Licensee's Installation or repairs to the Installation in no way relieves the Licensee of its liability for improper installation. New Brantner's inspection is solely for the benefit of New Brantner and creates no obligation to New Brantner 6. REIMBURSEMENT OF EXPENSES. 6.1 ' The Licensee agrees to reimburse New Brantner (or pay directly) for all reasonable engineering and legal costs incurred by New Brantner in preparing and approving this Agreement and the costs of inspection as described in ¶5. Costs chargeable to the Licensee shall be paid within 30 days of the billing date. 6.2 Statements for the costs chargeable to the Licensee hereunder will be forwarded to the Licensee and the same shall be paid to New Brantner within 30 C AMyDocs1Ditehes W ewBrantner\Cross PmtTublieService4.Pmt.doc er -IOG 15:G3 PR PUBLIC SERVICE-7TH FL303 571 7877 TO X19703045498 P.02/17 • • days after the billing date. If payment has not been received by New Brantner within 30 days, the Licensee shall have breached this Agreement and New Brantner may institute legal proceedings to collect the amount due and owing. In such proceeding, New Brantner shall be entitled to its costs and reasonable attorneys' fees from the Licensee. 7. MAINTENANCE. 7.1 The Licensee specifically agrees and pledges to maintain and repair the Installation described in EXHIBIT B so as not to require New Brantner to maintain or repair it. If the Licensee fails to properly maintain or repair any portion of the Installation for which it is responsible after ten days' notice of the need. for same, New Brantner may, at its own option, conduct its own maintenance or repair, and the Licensee shall reimburse New Brantner for the cost of such work within 30 days. In the event the Licensee fails to maintain or repair the Installation, it shall be held liable for any loss, damage or injury to New Brantner If New Brantner conducts its own maintenance, repair or replacement, it does not waive the right to hold Licensee liable for damages caused by the Licensee's failure to maintain, repair or replace. 7.2 • In the event of an emergency, New Brantner or the Licensee may conduct maintenance or repair immediately, giving notice to the other party as soon as possible at the emergency contacts identified in ¶11. If New Brantner conducts emergency work, it shall be reimbursed for the cost of the work Under no circumstances shall New Brantner be responsible or held liable for damages to the installation resulting from the maintenance or repair to the Canal. 8. WATER LOSS. The Licensee agrees that the Installation will not increase carriage or transit loss over the loss which occurred historically. The Licensee agrees to compact earth materials so that such additional water losses will not occur. If the Licensee's Installation increases carriage or transit loss in the Canal, the Licensee agrees to repair the construction to prevent such additional loss. 9. LIABILITY. 9.1 By virtue of entering into this Agreement, New Brantner ; (1) assumes no liability for the use, operation, or existence of the Licensee's installation; and (2) assumes no additional responsibilities or obligations related to the Licensee's future or additional activities in the area described in EXHIBIT A which are required by this Agreement. 10. EASEMENT RIGHTS. The License granted to the Licensee herein in no way restricts New Brantner's right to the use of its easement to construct, operate or maintain all existing structures and facilities of the Canal. CAUyDocshV itchesW ewerantner\CrossPmt\PublicService4.Pmt.doc OCT 07 '02 13:24 FR PUBLIC SERVICE-7TH FL303 571 7877 TO .703046498 P.09/17 • 11. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail, postage and fees prepaid, addressed to the party to whom such notice is intended to be given at the address set forth below, or at such other address as has been previously furnished in writing to the other party or parties. Such notices shall be deemed to have been given when deposited in the U.S. mail. CANAL COMPANY: COPY TO: Larry Leinweber Law Offices of Brice Steele, P.C. New Brantner Extension Ditch Company Attn. Brice Steele, Esq. 4686 Weld County Road 23 25 South 4th Avenue Ft. Lupton, Colorado 80621 Brighton, CO 80601 LICENSEE: Public Service Company of Colorado Xcel Energy, 550 15a" Street, Suite 700 Denver, Colorado 80202-4256 Telephone: 303-571-7799 12. WAIVER OF BREACH. The waiver by any party to this Agreement of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 13. EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated into this Agreement for all purposes. 14. ATTORNEYS' FEES. If any party breaches this Agreement, the breaching party shall pay all of the non-breaching party's reasonable attorneys' fees and costs in enforcing this Agreement�� whether or not legal proceedings are instituted. DATED: QG%&r II 9-400,A CANAL COMPANY (� y� By/ ' Dte%�ntdNl2 ATTEST: Secretary C:1MyDocs1Ditehes Wewl3antnerlCrossPmt\PublieSeNiee4.Pmt.doc OCT 07 '02 13:24 FR PUBLIC SERVICE-7TH FL303 571 7877 TO 11703046498 P. 10/17 LICENSEE • By tire STATE OF CO1010d6 ) � )ss. COUNTY OF-De/1Je(L The foregoing instrument was subscribe and sworn to before me this day of , 20 Oa, by 12,C1 I . jjkl\S N as iSStat fief J 1'9Qf!'it roll iribha SPJZI%Ce d )QhRI/ � cJJ Co�oQcttfd. Witness my hand and official seal. My commission expires: YpC tis iOn Flolkas,bnudy By (lA Pp B`��t No Public PY • , , • f ; Ir •o f t • 8-0 / \‘‘v,\‘ OF COVO • C:WlyDocsMitehes Wew8rentner\CrossPmAPublicService4.Pmtdoc OCT 07 '02 13:24 FR PUB• SERVICE-7TH FL303 571 7877 TO 84703046498 P. 11/17 9 r EXHEAT / n ,„ & F n \ in x O °+ a -.z.... C. Y a a l J Y Y mil o x o vV A Y-I _ a Q II 4 rot (4,4.0 m P P b. N u�' oiA u a P °' 0 0 o A v b <''04yam. \ �'ni2 0 Y f9 NI i \ —f[ -TL's STA. 82e22.0 CALCULATED PROPERTY LINE P tl $ st u= �� ; 5Tk 82x45.4 C/L OF FENCE "' \,+'' ,,1, ci STA. 821.52.8 TOE OF SLOPE N Z 11.1 III 4. R 814 67 6 — .. y,l° STA. 82161.9 TOE Of SLOPE o ft, y Y STA. 821.67.3 TOE OF SLOPE u ro CCI .1.y yy' '� d STA. 82167,6 BEUIN BORE z , m . C9 BR TWEE DI pi m 1. II/ I '� _ ._ nn _ '- STA 82t66.4 TOE Of SLOPE P o N,`e' o BZ F97, b D Y 1j m71 m I m Z STA 82x26,1 TOE a SLOPE M '' x y STA. 82183.6 TOE OF SLOPE d ti m AND iE ≤ ` J u STA. 82197,8 C/L OF BRANTNER OUCH W_ x r- i3k2 .6 o * Y m y ' STA. Li 27,6 END SURE in g i . x ._... -. .._ x e STA. 831.]7.1 PONT OF INTERSECTION C o U I S. IT n ❑ I 1.v IT T ci I de x y6 r Y m l j ill o o °°IM s I 8. II x1. a T C a i s m x no - STA.84x513 NATURA(. GROUND a x g C n1 tit a 3 4 19 D w 3 Zy -I m - Z2 e m0 • 21 r 0 O l • n / 1. 8/ \ f �7 iN 5./-5000 "�.\ �--,� tin o \ m 7 IY CiX181un111slfi D dYN� ee. d t' �'\�r�tyee Gee BYe , etyde. '� . zo �__�, (� o A ,r , v i e \ e o.,. �CX3`� N } 7 T'�`�I / L, t o} ° �I ms o cci I�` r 1.1 en \1 z 4 Z ' \ I — _.._ / 0CT 07 '02 13:24 FR PUBLIC SERVICE-7TH FL303 571 7877 TO AisF49703048498 P. 12/17 CROSSING AGREEMENT 1. PARTIES. The parties to this Agreement are the New Brantner Extension Ditch Company, a Colorado mutual Canal company ("New Brantner"), and Public Service Company of Colorado, (the "Licensee"). New Brantner and Licensee are jointly referred to as the Parties. 2. RECITALS- The Licensee desires to obtain the permission of New Brantner to install by directional bore a 24" high-pressure gas line under the New Brantner Canal. Licensee owns or has acquired the right to utilize property located in the South half of Section 22, Township 1 North, Range 67 West, Weld County, Colorado as demonstrated in the attached Exhibit "A" Plan Sheet labeled "Permit 15". New Brantner agrees to permit the proposed installation, subject to the terms, conditions, covenants and agreements set forth in this Agreement. Accordingly, in consideration of the mutual promises set forth in this Agreement, the Parties covenant and agree as follows: 3. CONSTRUCTION. 3.1 Pursuant to the terms of this Agreement, the Licensee is granted a license to cross the Canal with a 24" high-pressure gas line (the "Installation") pursuant to the plans and specifications approved by New Brantner and attached hereto as EXHIBIT B. New Brantner's review of the plans and specifications is solely for its own benefit and creates no obligation on New Brantner. 3.2 With the exception of modification specifically noted in the plans and specifications, all portions of the Canal, bottoms, sides, banks, and all affected portions of New Brantner's easement which are disturbed by the Licensee's Installation shall be restored to their original condition so the flow of water in the Canal runs at the original amount and velocity. Any and all fencing and other facilities appurtenant to New Brantner's easement shall be replaced in a condition at least equal to the condition of such facilities and appurtenances prior to construction. 3.3 The Licensee shall not spill any dirt, debris or other foreign material into the Canal. In the event that dirt, debris or other foreign material is spilled into the Canal,the Licensee agrees to completely clean the affected portions of the Canal. 3.4 The Licensee agrees that the Installation shall proceed expeditiously and with reasonable diligence from the commencement of construction to its completion. The Installation shall be completed by August 2003. If the Installation is not completed by that date, this Agreement expires and is of no force or effect. 3.5 If the Licensee's construction interrupts New Brantner's water supply for any reason, the Licensee shall pay as damages the actual cost of providing water to those stockholders whose delivery is interrupted as a result of the Installation. CAMseDocslOitehesW ewBrantnerlCrossPmtlPublic5ervice2.Pmi.doe OCT 07 '02 13:25 FR PUBLIC SERVICE-7TH FL303 571 7877 TO •PP 703946499 P. 13/17 • 3.6 Licensee is responsible, at its own expense, for obtaining all local, state and federal permits or approvals and for compliance with all local, state and federal laws and regulations including but not limited to land use and environmental laws and regulations, and specifically including the Endangered Species Act, prior to beginning construction. Licensee shall indemnify New Brantner for any and all costs, damages, fines and fees, including reasonable attorneys' fees incurred by New Brantner as a result of Licensee's failure to obtain such permits or approvals or failure to comply with all applicable laws and regulations. 4. LICENSE FEE. Except where the license fee has been specifically waived by New Brantner via separate letter, the Licensee shall pay to New Brantner a license fee of$2,500.00. The license fee shall be paid prior to the commencement of the Licensee's construction. This license fee shall be in addition to any other costs for which the Licensee is responsible pursuant to this Agreement including attorney and engineering fees as mentioned in¶6. 4.1 If the license fee has been specifically waived by New Brantner, a copy of the letter to Licensee stating such action by New Brantner shall be attached to this Agreement as EXHIBIT C. 5. INSPECTION. 5.1 The Licensee shall notify New Brantner at least five (5) days prior to the commencement of the installation or repair of the installation, permitted by the Agreement, except for emergency repairs which are provided for in ¶7 of this Agreement. New Brantner is permitted to inspect the Installation or repairs to the Installation during construction. Upon completion of the installation or repairs to the Installation,New Brantner may inspect the Installation. 5.2 New Brantner's right to inspect the Licensee's Installation or repairs to the Installation in no way relieves the Licensee of its liability for improper installation. New Brantner's inspection is solely for the benefit of New Brantner and creates no obligation to New Brantner 6. REIMBURSEMENT OF EXPENSES. 6.1 The Licensee agrees to reimburse New Brantner (or pay directly) for all reasonable engineering and legal costs incurred by New Brantner in preparing and approving this Agreement and the costs of inspection as described in ¶5. Costs chargeable to the Licensee shall be paid within 30 days of the billing date. 6.2 Statements for the costs chargeable to the Licensee hereunder will be forwarded to the Licensee and the same shall be paid to New Brantner within 30 c WlyooesioitchesWewsrantnericrossPmtiPublicservice2.Pmt.doc OCT 07 '02 13:25 FR PUBLIC SERVICE-7TH FL303 571 7877 TO 703046498 P. 14/17 days after the billing date. If payment has not been received by New Brantner within 30 days, the Licensee shall have breached this Agreement and New Brantner may institute legal proceedings to collect the amount due and owing. In such proceeding, New Brantner shall be entitled to its costs and reasonable attorneys' fees from the Licensee. 7. MAINTENANCE. 7.1 The Licensee specifically agrees and pledges to maintain and repair the Installation described in EXHIBIT B so as not to require New Brantner to maintain or repair it. If the Licensee fails to properly maintain or repair any portion of the Installation for which it is responsible after ten days' notice of the need for same, New Brantner. may, at its own option, conduct its own maintenance or repair, and the Licensee shall reimburse New Brantner for the cost of such work within 30 days. In the event the Licensee fails to maintain or repair the Installation, it shall be held liable for any loss, damage or injury to New Brantner If New Brantner conducts its own maintenance, repair or replacement, it does not waive the right to hold Licensee liable for damages caused by the Licensee's failure to maintain,repair or replace. 7.2 In the event of an emergency, New Brantner or the Licensee may conduct maintenance or repair immediately, giving notice to the other party as soon as possible at the emergency contacts identified in ¶11. If New Brantner conducts emergency work, it shall be reimbursed for the cost of the work. Under no circumstances shall New Brantner be responsible or held liable for damages to the installation resulting from the maintenance or repair to the Canal. 8. WATER LOSS. The Licensee agrees that the Installation will not increase carriage or transit loss over the loss which occurred historically. The Licensee agrees to compact earth materials so that such additional water losses will not occur. If the Licensee's Installation increases carriage or transit loss in the Canal, the Licensee agrees to repair the construction to prevent such additional loss. 9. LIABILITY. 9.1 By virtue of entering into this Agreement, New Brantner ; (1) assumes no liability for the use, operation, or existence of the Licensee's installation; and (2) assumes no additional responsibilities or obligations related to the Licensee's future or additional activities in the area described in EXHIBIT A which are required by this Agreement. 10. EASEMENT RIGHTS. The License granted to the Licensee herein in no way restricts New Brantner's right to the use of its easement to construct, operate or maintain all existing structures and facilities of the Canal. C:WyDacs\Ditches W ewBrantnenCross PmtPublicService2.Pmt.doc OCT 07 '02 13:25 FR PUBLIC SERVICE-7TH FL303 571 7877 TO 4703046498 P. 15/17 • 11. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail, postage and fees prepaid, addressed to the party to whom such notice is intended to be given at the address set forth below, or at such other address as has been previously furnished in writing to the other party or parties. Such notices shall be deemed to have been given when deposited in the U.S. mail. CANAL COMPANY: COPY TO: Larry Leinweber Law Offices of Brice Steele, P.C. New Brantner Extension Ditch Company Attn. Brice Steele, Esq. 4686 Weld County Road 23 25 South 4th Avenue Ft. Lupton, Colorado 80621 Brighton, CO 80601 LICENSEE: Public Service Company of Colorado Xcel Energy 550 15th Street, Suite 256 Denver, Colorado 80202-4256 Telephone: 303-571-7799 12. WAIVER OF BREACH. The waiver by any party to this Agreement of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 13. EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated into this Agreement for all purposes. 14. ATTORNEYS' FEES. If any party breaches this Agreement,the breaching party shall pay all of the non-breaching party's reasonable attorneys' fees and costs in enforcing this Agreement whether or not legal proceedings are instituted. DATED: CANAL COMPANY By C2104-4,,,, D i— ATTEST: • Oft„L;47A4 Secret C:MyDocsOitches\NewBrantner,CrossPmt\PublicService2.Pmt.doc u_i 6r( •b2 13 26 FR PUBL C SERVICE-7TH FL303 571 7977 TO 170324649E P. 16/17 • LICENSEE By gn lure ` STATE OFC.D 4L) ) 7/e..370 COUNTY OF ]Denuerz, Rb ) The,f}o�r�eg�ooi_n_g instrument was subscribed and sworn to before me this, day of c""F"""`ba 2Uy by 1 }?� oilt�je+�,+�(y� as P 2tf 1SNf1,5S1� ceig 7 thk &-flU /hpa►'tfi of CaSDD.\ Witness my hand and official seal. �J J My commission expires: *Cana" • DAY Pus`‘, By � c t Notary Public ft C:.. ? i Its 41 -6. k‘-‘�OF COQ-__ CAMyDocslDitchesWewBra ntneACrossPmt\PublicService2.Pmt.doc OCT 87 '82 13:26 FR PUBLIC SERVICE-7TH FL303 571 7877 TO 8703046498 P. 17/17 EXHIBIT A- 13 / N' 1 Y a o 0 o S ... ... ...___._..-......... STA. 259+64.8 NATURAL GROUND itO ro N 0 p S ro N BE B7`RE 0. STA, 269+42.9 BEGIN BORE ti 26 42, L-.. ----' T" "IRRIGATTMT-E1TCH ' _ STA 260+63.0 TOP OF SLOPE b a —I — STA. 260+66,5 CA IRRtCATION DITCH o 26 456[5 STA, 260+69.6 TOP Of SLOPE O13.1 � ny Jr. ��o \ ` STA. 260+71,4 TOE C6 SLOPE F. : m m X m a f STA. 260+97.5 TOP OF SLOPE M ; .. .._....__ cA DIRT ROAD C N STA 261+09,8 C/L OF DIRT ROAD $ 0, 261+ .6 1°`+ STA, 261+22.6 TOP OF SLOPE Wu \ ea e m o STA. 261+32.1 TOE OF SLOPE N.,Na • CA BR TN 4R DITCH Z o - STA. 261+36.6 CA BRANTNER DITCH • .- 261436. o - STA. 261+40.9 TOE OF SLOPE A+ ''v F - — m STA. 261-449,1 TOP OF SLOPE 50 NO ,1 A— y T, m0 p r ti A ' m 'l SM. 261+99.8 NATURAL GROUND m P4 U m -... _.. _. _.. x el II 8 Co pip r ti STA 262+23.0 END BORE }P :31 iii z 62 23.0 to ' i is t M C v f C Y3 .._r x _._ m a- XM o T "L. n m _ STA. 263+07.5 NATURAL GROUND ° g tm z ; oZm z al • ' o 0 �m T _0 r `� O D A \ (\,,K 8 .6-,,, ai 1 m ir � � � \� \ IA co o • r.: q yy P OP D 24"P/L a 2 N a tl��l min t��6 '.I•rea '.`7I I Xl c 0X3 c\:)7,..2 + i iJU U k 0 �_ \ tg / •(r'J N o - j 1 • S 11 \ 1 cu '1 cm -2 t, z -i 5 ** TOTAL PRGE. 17 ** • • • RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION Moved by Stephan Mokray, along with the deletion of 2F, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: Case Number: USR-1396 Planner: Chris Gathman Applicant: Public Service Company/Xcel Energy 550 15'" Street, Suite 700, Denver, CO 80202-4256 Request: A Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility (24-inch Natural Gas Pipeline) Legal Description: Sections 3, 4, 9, 10, 15, 16, 21, 22, 27, and 28, T1N, R67W; Sections 27, 28 and 34 T2N, R67W of the 6th P.M., Weld County, Colorado of the 6th P.M., Weld County, Colorado Location: Three proposed alternative routes The Planning Commission approves this request for the following reasons: 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 23-2-370 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 23-2-400 of the Weld County Code as follows: a. Section 23-2-400.A-- Reasonable efforts have been made to avoid irrigated cropland or to minimize the impacts on such lands in those cases where avoidance is impractical. The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed pipeline facility will be buried underground thereby minimizing the disruption of prime agricultural land. b. Section 23-2-400.B -- The facility will not have an undue adverse effect on existing and future development of the surrounding area as set forth in applicable master plans. The Town of Frederick, in a referral response received July 30, 2002, indicated no conflict with their interests. c. Section 23-2-400.C--The design of the proposed facility mitigates negative impacts on the surrounding area to the greatest extent feasible. Extensive research has been conducted by the applicant to ensure that minimal impact to the surrounding properties will be incurred. The proposed preferred pipeline route is located adjacent to an existing 24" pipeline. The proposed pipeline will be buried thereby eliminating visual impacts to adjacent properties. The route will cover approximately 6 miles in Weld County and will connect with the Yosemite Plant site (3r° Amended Special Use Permit 778) in the south with the Tri-Town JCT Valve station to the north. d. Section 23-2-400.D --The site shall be maintained in such a manner so as to control soil erosion,dust,and the growth of noxious weeds. The application prepared by Public Service Company/Xcel Energy includes a section I abeled, "Final Stabilization and Long Term Stormwater Management." This section includes information on Public Service/Xcel's responsibility to restore agricultural land which may be impacted by construction as well as • • revegetation procedures, dust and erosion control, etc. The Conditions of Approval and Development Standards will also assure that there is no fugitive dust or erosion and will ensure the control of noxious weeds. e. Section 23-2-400.E -- The applicant has agreed to implement any reasonable measures deemed necessary by the Planning Commission to insure that the health, safety, and welfare of the inhabitants of Weld County will be protected and to mitigate or minimize any potential adverse impacts from the proposed facility. f. Section 23-2-400.F --The proposed facility will be supplied by an adequate water supply which has been evaluated with reference to the impacts of the use of such supply on agricultural uses. All reasonable steps have been taken by the applicant to minimize negative impacts on agricultural uses and lands. Public Service/Xcel will not require water for this project. g. Section 23-2-400.G -- All reasonable alternatives to the proposal have been adequately assessed and the proposed action is consistent with the best interests of the people of Weld County and represents a balanced use of resources in the affected area. Public Service Company has studied 3 alternative routes and has concluded that Route 1 will have the least impact. The proposed location of the facility has been adequately assessed by the applicant as well as by the referral agencies and Weld County Department of Planning Services. Natural gas is a necessary utility which benefits all of the residents of Weld County. h. Section 23-2-400.H -- It has been determined that 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 an impacted community or the county to provide such services. Where it is indicated that such an expansion of the demand for services will occur beyond the reasonable capacity to provide such services,the applicant must clearly show how such impacts will be mitigated prior to approval of the proposal by the County. This application will not create demand for additional government services. Section 23-2-400.1 -- It has been determined that the nature and location or expansion of the facility will meet Colorado Department of Health and Weld County air quality standards. The Conditions of Approval and Development Standards will ensure that the nature and location of the facility will meet Colorado Department of Health and Weld County air quality standards. j. Section 23-2-400.J --Adequate electric, gas, telephone,water, sewage, and other utilities exist or can be developed to service the site. Utilities will not be needed to service the lines. k. Section 23-2-400.K -- The nature and location or expansion of the facility will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, historic landmark or archaeological site within the affected area. No referral response has been received from the Colorado Division of Wildlife. Section 23-2-400.L -- The applicant's engineer has certified that the drainage plans developed for and to be implemented on the site will prevent surface drainage from leaving the site which would exceed historic runoff flows. The proposed route will not significantly impact drainage of cropland or other land. m. Section 23-2-400.M --Where a proposed power plant is to be located in an area where a sufficient housing supply is unavailable for the anticipated immigrant construction force,the applicant for the location of such a facility shall present plans showing how housing will be provided for such workers without creating major negative impacts on existing residents in the impacted communities. This criteria is not applicable for this proposed use. 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 Planning Commission. (Department of Planning Services) 2. Prior to recording the plat: a. Submit an Air Pollution Emission Notice(A.P.E.N.)and Emissions Permit application to the Air Pollution Control Division, Colorado Department of Health and Environment for emissions of criteria,hazardous or odorous air pollutants.(Department of Public Health and Environment) b. The applicant shall obtain a stormwater discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. Written evidence shall be submitted to the Weld County Department of Public Health and Environment and Department of Planning Services stating the permit has been obtained or is not necessary. (Department of Public Health and Environment)The applicant shall either submit to the Weld County Department of Planning Services a copy of an agreement with the properties mineral owners/operators stipulating that the oil and gas activities have adequately been incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners. (Department of Planning Services) c. The applicant shall either submit to the Weld County Department of Planning Services a copy of an agreement with the properties mineral owners/operators stipulating that the oil and gas activities have adequately been incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners. (Department of Planning Services) d. The applicant shall submit a copy of an agreement with the Bull Ditch Company,along the route of the proposed gas pipeline, stipulating that all concerns of the ditch company have been adequately addressed, or submit evidence that reasonable accommodations have been made. (Department of Planning Services) e. The applicant shall submit a copy of an agreement with the Brantner Ditch Company,along the route of the proposed gas pipeline, stipulating that all concerns of the ditch company have been adequately addressed, or submit evidence that reasonable accommodations have been made. (Department of Planning Services) f. The applicant shall attempt to address the requirements of the City of Dacono as outlined in their referral received August 5, 2002. Evidence of such shall be provided to the Department of Planning Services. (City of Dacono) g. The applicant shall attempt to address the requirements of the Brighton Fire Protection District as outlined in their referral received August 16, 2002. Evidence of such shall be provided to the Department of Planning Services. (Brighton Fire Protection District) h. The applicant shall attempt to address any concerns of the Colorado Division of Wildlife. Evidence of such shall be provided to the Department of Planning Services. (Colorado Division of Wildlife) The plat shall be amended to delineate the following: 1. Conformance with Sections 23-2-390.C and 23-2-390.D of the Weld County Code. (Department of Planning Services) 2. Approximate locations of construction trailer(s) associated with the special use permit(for the various stages of construction of the pipeline)shall be indicated on the plat. (Department of Planning Services) 3. Prior to operation: A. Access permits shall be obtained from the Colorado Department of Transportation for access to State Highways. Copies of access permits shall be submitted to the Department of Planning Services. (Colorado Department of Transportation) 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) SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Public Service • • USR-1396 1. The Site Specific Development Plan and Special Use Permit is for a Major Facility of a Public Utility (24-Inch Natural Gas Pipeline) 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) 5. Temporary construction facilities and construction trailers associated with the 24-inch natural gas pipeline are included as part of this Site Specific Development Plan and Special Use Permit. (Department of Planning Services) 4. All I iquid and solid wastes (as defined i n the Solid Wastes Disposal Sites and F acilities 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) 5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a"solid waste"in the Solid Wastes Disposal Sites and Facilities Act,30-20-100.5,C.R.S.as amended.(Department of Public Health 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 Residential Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment) 9. The applicant shall provide adequate toilet facilities(port-a-potty)during construction of the facility. (Department of Public Health and Environment) 10. The facility shall utilize bottled water for drinking during construction of the project. (Department of Public Health and Environment) 11. There shall be no parking or staging of equipment or vehicles on Weld County Roads. Utilize the half section for private easement for parking of vehicles and equipment. (Department of Public Works) 12. Utilize (MUTCD) Traffic Manual to appropriately sign construction zones and crossings adjacent to County roads. (Department of Public Works) 13. Any time the applicant uses the right-of-way or crosses said right-of-way,a Weld County right-of-way permit shall be required. Contact Ted Eyl, Weld County Public Works Department, at (970) 381- 3779, P.O. Box 758, Greeley, CO 80632. (Department of Public Works) 14. If applicable, the applicant shall obtain a Permit from the Army Corps of Engineers pursuant to Section 404 of the Clean Water Act. (Department of Planning Services) 15. Soils disturbed during construction shall be returned to natural profiles as closely as possible. (Department of Planning Services) 16. Repair to irrigation ditches crossed during construction shall be completed to prevent water leakage and to insure continued flow for the producer. (Department of Planning Services) • • 17. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 18. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 19. Personnel from the Weld County Departments of Public Health and Environment 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. 20. 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. 21. 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. Motion seconded by Bryant Gimlin. VOTE: For Passage Against Passage Michael Miller Bryant Gimlin James Rohn Fred Walker Stephan Mokray John Folsom Bernie Ruesgen The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case to serve as a permanent record of these proceedings. C\-AOLi ) 1 IL-La LiDt) -) Michael Miller, Chair Weld County Planning Commission . , - • • accordingly. Mr. Haren indicated that the applicant has no intention of containing the water because it is not contained now. The applicant will work with Public Works on the flow from the inlets and outlets and the velocity. Mr. Miller asked if there was a problem with preparing the report. Mr. Haren indicated that the report is in the application with the exception of a site plan that specifically shows the point of exit which the applicant will add. Mr. Miller indicated that the report does not currently address the velocity of the flow. Mr. Haren stated that there are calculations in there. Mr. Haren indicated that there were things that could be done to mitigate the issue. Michael Miller asked Mr. Carroll if it would be acceptable to place a Condition of Approval stating that the applicant shall work with Public Works to address these issues. Mr.Carroll indicated that would be acceptable but they would still like to see some type of engineering report signed stating it will look the way that it is proposed. Mr. Gimlin indicated that with the original language proposed by Mr. Carroll was asking for a drawing showing how the stormwater will be released and retained. That does not obligate the applicant to resolve a downstream problem that is already in existence. While Public Works is asking for the impact and where it was coming out on the road. Mr.Haren stated that if the Condition could change"retain"to"discharge in the condition it would be acceptable. Michael Miller asked Mr. Carroll if the language would be acceptable if it stated that the applicant will supply a drawing showing how stormwater will be released at a historical rate. Mr. Carroll indicated that the standard response for something like this is to have a final drainage plan and report stamped by a professional engineering firm along with construction plans conformed to the drainage report shall be submitted with the final plat application. Mr. Haren indicated that this could be a very expensive cumbersome requirement when it could be simplified with the applicant working with Public Works to determine the information that is realistically needed. Mr. Haren indicated that the applicant is willing to show the drainage basin, historic flows and how the applicant plans to not alter them both in calculations and a map stamped by an engineer. Mr. Miller indicated that there is a difference of opinion because Public Works does not feel that what was submitted was adequate. Mr. Carroll indicated that the report went to the Health Department because it has to deal with animal units, but he will obtain a copy. Mr. Carroll indicated that they can review it and if it is not adequate it can be requested at the Board of County Commissioners hearing. Bryant Gimlin moved to add 1O stating "A final drainage report shall be stamped, signed and dated by a professional engineer licensed in the state of Colorado along with construction plans conforming to the drainage report shall be submitted with the final plat." Stephan Mokray seconded The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Fred Walker, yes; James Rohn, yes; Bernie Ruesgen, yes. Motion carried unanimously. Bryant Gimlin moved to delete the second sentence on 1 M. Stephan Mokray seconded. Motion carried. Bryant Gimlin moved that Case USR-1395, along with the amendments, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Stephan Mokray seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Fred Walker, yes; James Rohn, yes; Bernie Ruesgen, yes. Motion carried unanimously. CASE NUMBER: USR-1396 APPLICANT: Public Service Company PLANNER: Chris Gathman LEGAL DESCRIPTION: Part of Sections 3,4,9, 10, 15, 16,21, 22,27, and 28,Ti N, R67W and part of Sections 27, 28 and 34, T2N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development and Special Use Permit for a 24-inch Natural Gas Pipeline. Page-11- LOCATION: Three proposed alternative routes. Chris Gathman, Department of Planning Services presented Case USR-1396,reading the recommendation and comments into the record. The Department of Planning Services is recommending approval of the application along with the Conditions of Approval and Development Standards. Michael Miller asked if a final route was going to be determined today. Staff agrees with the alternative route. John Folsom asked Mr. Gathman if the pipeline was anticipated when the Yosemite plant was presented. Mr. Gathman was not sure. Bryant Gimlin asked what the problem is with route 1 that the alternatives need to be shown. Mr. Gathman indicated that in the appiclation requirements it states the need to show alternative routes.There is no issues with the preferred alternative. The applicant is required to show alternative routes when they are publishing the information. Todd Hodges, representative for the applicant, provided clarification with regard to the project. The three routes were evaluated and by code are required to present them. Public Service Company does feel that the preferred route is favored. The pipeline is underground next to an existing pipeline. Is not on a county right of way. The alternative routes would add cost and distance. Bryant Gimlin asked the referral from the Brighten Fire Department asking that at least one lane of traffic be open at all times. Mr. Hodges stated that the intent is to not have any of the roads closed at any time. Fred Walker asked if new right of way will be attained from the property owners. Mr. Hodges stated it will and all the people will be contacted. Bernie Ruesgen asked the age of the existing pipeline that this case will run along. Mr. Hodges stated that the existing pipeline is approximately seven years old and the damage could be minimal. Ken Skidmore, applicant, stated that the existing pipeline is 1015 lbs and this pipeline will be the same. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Todd Hodges stated the applicants concerns with 2C and deleting this. The notification that has been made is adequate. It would be impossible to get an agreement in place with each individual mineral owner. Mr. Miller stated that since the applicant has made an attempt to notify the mineral owners the condition is met. Mr. Hodges continued with 2D and 2E,the applicant is working with the ditch company and will convey that to staff to show that they are working to mitigate any issues that may be had by the ditch company. The intent is to bore and not to trench these ditches for the pipes. Mr.Walker asked what the applicant would do if the ditch company preferred they would no bore. Mr. Skidmore indicated that all the ditch companies would like them to bore. Mr. Hodges continued with 2F concerning the submittal and review of a flood hazard development permit. The applicant requests that this be moved to Prior to Construction of Flood Plain Crossing. Mr. Gathman indicated that this case was unusual in nature due to the fact that the code it did not appear to need a flood hazard permit for this structure because pipelines are not considered structures. When the initial special use permit was done by Public Service in 194 or 1995 they did require a flood hazard permit for the natural gas lines. This would keep it consistent. The question would be how to monitor because pipelines do not require building permits. Mr.Miller asked Mr.Barker,Weld County Attorney, if the flood hazard permit was necessary. Mr. Barker questioned the definition of structure and development. The issue is that there is goung to be nothing above ground and it does not meet the intent of the definition of a structure. It would not alter the course of a floodway. James Rohn moved to add 2H, 21. Stephan Mokray seconded. Motion carried. Bryant Gimlin moved to delete 2F. James Rohn seconded. Motion carried Page -12- • • Stephan Mokray moved that Case USR-1396, along with the amended standards, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Bryant Gimlin seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Fred Walker, yes; James Rown, yes; Bernie Ruesgen, yes. Motion carried unanimously. CASE NUMBER: PZ-622 APPLICANT: Shultz Farm, Inc. PLANNER: Sheri Lockman LEGAL DESCRIPTION: Lot B of RE-2838; being part of the NW4 of Section 31, T4N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: Change of Zone from A (Agricultural) to PUD for 9 lots with Estate Zone Uses along with 9.4 acres of open space. LOCATION: East of and adjacent to WCR 13; '1 mile north of WCR 38. Sheri Lockman,Department of Planning Services presented Case PZ-622,reading the recommendation and comments into the record.The Department of Planning Services is recommending approval of the application along with the Conditions of Approval and Development Standards. John Folsom asked about the one acre lot size and them being less than what is required in the code. Ms. Lockman indicated that a PUD allows for variances to bulk requirements. One of those bulk requirements is lot size. James Rohn asked for clarification on the letter from the school district and if the applicant will be paying the $750. Ms. Lockman stated that there will need to be an agreement in place with the school district before the final plan is recorded. John Folsom asked Mr. Schei, Department of Public Works, about a memo that calls for dedication of an additonal 40 foot of right of way and if this was missed in the Conditions of Approvals. Mr. Schei indicated that this is required on the final plat. Michael Miller asked about the fire departments request for a second access and where it is addressed on the comments. Ms. Lockman indicated that the applicant is using the ditch road access and there is an approval from the ditch company stating this. Mr.Miller asked about the bus pull out. Ms.Lockman indicated that will be addressed at the final plan. John Folsom asked Mr. Schei if the site has been inspected. There is a hill to the north of the site and is there any problems with line of site. Is there going to be improvements at the Great Western Railroad crossing. Mr.Schei stated that the improvements along County Road 13 will help with the line of site distance and that is one of the reason Department of Public Works is asking for the dedication of right of way. There will be signals at the railroad crossing. Michael Miller asked about the reference in 2C regarding the confirmation from Great Western Railroad verifying their allowance of releasing stormwater onto the railroad right of way. Ms. Lockman indicated that the condition presently has not been met. The Condition is Prior to Recording the Plat. Mr. Miller asked for clarification on Condition 5D that states "the thirty foot maintenance agreement will be measured from the top of the ditch." Mr. Walker indicated that it would be before the slope starts back down. Ms. Lockman indicated that it was confusing on where the ditch lays. Mr. Schei indicated that the language was taken out of a memo provided by the ditch company. The applicant needs to get with the ditch company to determine this. Mr. Miller stated there is a need for verification before interpretation can be done. Todd Hodges, representative of the applicant, provided clarification to the project. The variance allows for one acre parcels if there is a public water system. There are agreements presently in place with the adjacent Page -13- INVENTORY OF ITEMS FOR CONSIDERATION Applicant Public Service Company/Xcel Case Number USR-1396 Energy Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form Letter to Applicant Affadavit of newspaper publication by applicant X Legal Notifications X 2 Application X Maps Deed/Easement Certificate Surrounding Property/Mineral Owners Utilities 3 Referral List X Referrals without comment Weld County Department of Building Inspection referral received 7/25/2002 Fort Lupton Fire Department referral received 7/8/2002 Town of Frederick referral received 7/30/2002 City of Fort Lupton referral received 8/12/2002 X 4 Referrals with comments X Weld County Department of Public Works referral received 8/7/2002 (2 pages) Weld County Department of Public Health and Environment referral received 7/29/2002 (2 pages) Colorado Department of Transportation referral received 7/10/2002 Department of the Army-Corps of Engineers referral received 7/10/2002 City of Dacono referral received 8/5/2002 Greater Brighton Fire Protection District referral received 8/16/2002 X Weld County Sheriff's Office referral received 8/19/2002 X 5 Surrounding Property Owners/Mineral Owners - Letters X 5A Certification of public notice mailed to mineral owners by applicant X 6 PC Exhibits 7 Planning Commission Resolution I I hereby certify that the 16 items identified herein were submitted to the Department of Planning Services at or prior to the /n'D scheduled Boardd of County Commissioners hearing. 1_NUJ Chris Gathman t• Planner W�`�C• LAND USE APPLICATION SUMMARY SHEET COLORADO Case Number: USR-1396 Hearing Date: August 20, 2002 Applicant: Public Service Company/Xcel Energy Address: 550 15th Street, Suite 700, Denver, CO 80202-4256 Request: A Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility (24-inch Natural Gas Pipeline) Legal Description: Sections 3, 4, 9, 10, 15, 16, 21, 22, 27, and 28, T1 N, R67W; Sections 27, 28 and 34 T2N, R67W of the 6th P.M., Weld County, Colorado Location: Three proposed alternative routes Size of Parcel: 42 +/- 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 Department of Public Health and Environment, referral received 7/29/2002 • Weld County Department of Public Works, referral received 8/7/2002 • Weld County Department of Building Inspection, referral received 7/25/2002 • City of Dacono, referral received 8/5/2002 • Town of Frederick, referral received 7/30/2002 • Colorado Department of Transportation, referral received 7/10/2002 • U.S. Army Corps of Engineers, referral received 7/10/2002 • Town of Fort Lupton, referral received 8/12/2002 • Brighton Fire Protection District, referral received 8/16/2002 EXHIBIT 1 USR 1396-Public Service Company 1 • • The Department of Planning Services Staff has not received responses from the following referral agencies: • Weld County Sheriff's Office • Division of Wildlife • West Adams Soil Conservation District • Platte Valley Soil Conservation District . Brantner Ditch Company . Bull Ditch Company USR 1396- Public Service Company 2 • • ' \ SPECIAL REVIEW PERMIT f// g'\l ADMINISTRATIVE REVIEW WIWDe. COLORADO Planner: Chris Gathman Case Number: USR-1396 Hearing Date: August 20, 2002 Applicant: Public Service Company/Xcel Energy Address: 550 15th Street, Suite 700, Denver, CO 80202-4256 Request: A Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility (24-inch Natural Gas Pipeline) Legal Description: Sections 3, 4, 9, 10, 15, 16, 21, 22, 27, and 28, T1 N, R67W; Sections 27, 28 and 34 T2N, R67W of the 6th P.M., Weld County, Colorado of the 6th P.M., Weld County, Colorado Location: Three proposed alternative routes Parcel Size: 42 +/- acres Parcel Number: Dependent on route selection 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- 2-370 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 23-2-400 of the Weld County Code as follows: a. Section 23-2-400.A -- Reasonable efforts have been made to avoid irrigated cropland or to minimize the impacts on such lands in those cases where avoidance is impractical. The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed pipeline facility will be buried underground thereby minimizing the disruption of prime agricultural land. USR 1396- Public Service Company 3 b. Section 23-2-400.B--The facility will not have an undue adverse effect on existing and future development of the surrounding area as set forth in applicable master plans. The Town of Frederick, in a referral response received July 30, 2002, indicated no conflict with their interests. c. Section 23-2-400.C--The design of the proposed facility mitigates negative impacts on the surrounding area to the greatest extent feasible. Extensive research has been conducted by the applicant to ensure that minimal impact to the surrounding properties will be incurred. The proposed preferred pipeline route is located adjacent to an existing 24" pipeline. The proposed pipeline will be buried thereby eliminating visual impacts to adjacent properties. The route will cover approximately 6 miles in Weld County and will connect with the Yosemite Plant site (3"Amended Special Use Permit 778) in the south with the Tri-Town JCT Valve station to the north. d. Section 23-2-400.D -- The site shall be maintained in such a manner so as to control soil erosion, dust, and the growth of noxious weeds. The application prepared by Public Service Company/Xcel Energy includes a section labeled,"Final Stabilization and Long Term Stormwater Management." This section includes information on Public Service/Xcel's responsibility to restore agricultural land which may be impacted by construction as well as revegetation procedures, dust and erosion control, etc. The Conditions of Approval and Development Standards will also assure that there is no fugitive dust or erosion and will ensure the control of noxious weeds. e. Section 23-2-400.E -- The applicant has agreed to implement any reasonable measures deemed necessary by the Planning Commission to insure that the health, safety, and welfare of the inhabitants of Weld County will be protected and to mitigate or minimize any potential adverse impacts from the proposed facility. f. Section 23-2-400.F -- The proposed facility will be supplied by an adequate water supply which has been evaluated with reference to the impacts of the use of such supply on agricultural uses. All reasonable steps have been taken by the applicant to minimize negative impacts on agricultural uses and lands. Public Service/Xcel will not require water for this project. g. Section 23-2-400.G -- All reasonable alternatives to the proposal have been adequately assessed and the proposed action is consistent with the best interests of the people of Weld County and represents a balanced use of resources in the affected area. Public Service Company has studied 3 alternative routes and has concluded that Route 1 will have the least impact. The proposed location of the facility has been adequately assessed by the applicant as well as by the referral agencies and Weld County Department of Planning Services. Natural gas is a necessary utility which benefits all of the residents of Weld County. h. Section 23-2-400.H -- It has been determined that 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 an impacted community or the county to provide such services. Where it is indicated that such an expansion of the USR 1396-Public Service Company 4 demand for services will occur beyond the reasonable capacity to provide such services, the applicant must clearly show how such impacts will be mitigated prior to approval of the proposal by the County. This application will not create demand for additional government services. I. Section 23-2-400.1 -- It has been determined that the nature and location or expansion of the facility will meet Colorado Department of Health and Weld County air quality standards. The Conditions of Approval and Development Standards will ensure that the nature and location of the facility will meet Colorado Department of Health and Weld County air quality standards. j. Section 23-2-400.J --Adequate electric, gas, telephone, water, sewage, and other utilities exist or can be developed to service the site. Utilities will not be needed to service the lines. k. Section 23-2-400.K -- The nature and location or expansion of the facility will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, historic landmark or archaeological site within the affected area. No referral response has been received from the Colorado Division of Wildlife. Section 23-2-400.L--The applicant's engineer has certified that the drainage plans developed for and to be implemented on the site will prevent surface drainage from leaving the site which would exceed historic runoff flows. The proposed route will not significantly impact drainage of cropland or other land. m. Section 23-2-400.M -- Where a proposed power plant is to be located in an area where a sufficient housing supply is unavailable for the anticipated immigrant construction force, the applicant for the location of such a facility shall present plans showing how housing will be provided for such workers without creating major negative impacts on existing residents in the impacted communities. This criteria is not applicable for this proposed use. 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 Planning Commission. (Department of Planning Services) USR 1396- Public Service Company 5 2. Prior to recording the plat: a. Submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application to the Air Pollution Control Division, Colorado Department of Health and Environment for emissions of criteria, hazardous or odorous air pollutants. (Department of Public Health and Environment) b. The applicant shall obtain a stormwater discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. Written evidence shall be submitted to the Weld County Department of Public Health and Environment and Department of Planning Services stating the permit has been obtained or is not necessary. (Department of Public Health and Environment) c. The applicant shall either submit to the Weld County Department of Planning Services a copy of an agreement with the properties mineral owners/operators stipulating that the oil and gas activities have adequately been incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners. (Department of Planning Services) d. The applicant shall submit a copy of an agreement with the Bull Ditch Company, along the route of the proposed gas pipeline, stipulating that all concerns of the ditch company have been adequately addressed, or submit evidence that reasonable accommodations have been made. (Department of Planning Services) e. The applicant shall submit a copy of an agreement with the Brantner Ditch Company,along the route of the proposed gas pipeline, stipulating that all concerns of the ditch company have been adequately addressed, or submit evidence that reasonable accommodations have been made. (Department of Planning Services) V ' The applicant shall submit a flood hazard permit. The flood hazard permit shall be reviewed and approved by the Department of Planning Services. (Department of Planning Services) 1/9. The applicant shall attempt to address the requirements of the City of Dacono as outlined in their referral received August 5, 2002. Evidence of such shall be provided to the Department of Planning Services. (City of Dacono) h. The applicant shall attempt to address the requirements of the Brighton Fire Protection District as outlined in their referral received August 16, 2002. Evidence of such shall be provided to the Department of Planning Services. (Brighton Fire Protection District) i. The applicant shall attempt to address any concerns of the Colorado Division of Wildlife. Evidence of such shall be provided to the Department of Planning Services. (Colorado Division of Wildlife) USR 1396-Public Service Company 6 J. The plat shall be amended to delineate the following: 1) Conformance with Sections 23-2-390.C and 23-2-390.D of the Weld County Code. (Department of Planning Services) 2) Approximate locations of construction trailer(s) associated with the special use permit (for the various stages of construction of the pipeline) shall be indicated on the plat. (Department of Planning Services) 3. Prior to operation: A. Access permits shall be obtained from the Colorado Department of Transportation for access to State Highways. Copies of access permits shall be submitted to the Department of Planning Services. (Colorado Department of Transportation) 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) USR 1396- Public Service Company 7 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Public Service USR-1396 1. The Site Specific Development Plan and Special Use Permit is for a Major Facility of a Public Utility (24-Inch Natural Gas Pipeline) 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. Temporary construction facilities and construction trailers associated with the 24-inch natural gas pipeline are included as part of this Site Specific Development Plan and Special Use Permit. (Department of Planning Services) 4. 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) 5. No permanent disposal of wastes shall be permitted at this site.This is not meant to include those wastes specifically excluded from the definition of a"solid waste"in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. as amended. (Department of Public Health 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 Residential Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment) 9. The applicant shall provide adequate toilet facilities(port-a-potty)during construction of the facility. (Department of Public Health and Environment) 10. The facility shall utilize bottled water for drinking during construction of the project. (Department of Public Health and Environment) 11. There shall be no parking or staging of equipment or vehicles on Weld County Roads. Utilize the half section for private easement for parking of vehicles and equipment. (Department of Public Works) USR 1396- Public Service Company 8 12. Utilize (MUTCD) Traffic Manual to appropriately sign construction zones and crossings adjacent to County roads. (Department of Public Works) 13. Any time the applicant uses the right-of-way or crosses said right-of-way, a Weld County right-of-way permit shall be required. Contact Ted Eyl, Weld County Public Works Department, at(970) 381-3779, P.O. Box 758, Greeley, CO 80632. (Department of Public Works) 14. If applicable, the applicant shall obtain a Permit from the Army Corps of Engineers pursuant to Section 404 of the Clean Water Act. (Department of Planning Services) 15. Soils disturbed during construction shall be returned to natural profiles as closely as possible. (Department of Planning Services) 16. Repair to irrigation ditches crossed during construction shall be completed to prevent water leakage and to insure continued flow for the producer. (Department of Planning Services) 17. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 18. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 19. Personnel from the Weld County Departments of Public Health and Environment 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. 20. 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. 21. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. USR 1396- Public Service Company 9 • ' DEPARTMENT OF PLANNING SERVICES W�`P�. PHONE (970) 353-6100, EXT.3540 FAX (970) 304-649804-6498 1555 N. 17TH AVENUE COLORADO GREELEY, COLORADO 80631 July 8, 2002 Public Service Company c/o Todd Hodges Design LLC 2412 Denby Court Fort Collins CO 80526 Subject: USR-1396- Request for a Site Specific Development and Special Use Permit for a 24-inch Natural Gas Pipeline on a parcel of land described as part of Sections 3,4,9,10, 15, 16,21,22,27,and 28,Ti N,R67W and part of Sections 27, 28 and 34,T2N, R67W of the 6th P.M.,Weld County, Colorado. Dear Applicants: 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 August 20,2002,at 1:30 p.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 applicant's responsibility to comply with state statutes,regarding notice to mineral estate owners. Colorado Revised Statute,C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. 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 Dacono, Fort Lupton, and Frederick Planning Commission for their review and comments. Please call Dacono at(303)833-2317,Fort Lupton at(970)346-0326 and Frederick at(303)833- 2388 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Dacono,Fort Lupton,and Frederick Planning Commission meeting 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, sJ1.i.'..J 2r-.1(.v1 Aiin.cv� Chris Gathman Planner • • G • _ _ _ _ _ _ __ _ _ _ _ . _ _ ._ _ , , 1/4.1 _ , , 1 1 , 1 ; _ . ? .4•-• •- ...- . la.„,‘.... "‘" Si I '. . . _ ' • _ \ - -- — tra • .... .t I - ' - - _lit. 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' 1 ' 1, • ' • I ;•• ,4 / .1t1`p'• • 1a'✓i .\`I ' I ,, 1 •' .. t.�Iw�" liYt`••�11 I 4a'••,kejtsz.. • . • • • • • i1 .' ..-I .• 1 • • yin•. '; ..1 • • ,,' • . I.. 'ice ' •, r '. _ - 1 , • • • • I • • • FIELD CHECK inspection date: 8/1/02 CASE NUMBER: USR-1396 APPLICANT: Public Service/Xcel LEGAL DESCRIPTION: Various Sections TIN R68W, Various Sections T2N R68W LOCATION: Three proposed Alternative Routes Zoning Land Use N A(Agricultural) N Agricultural land E A (Agricultural) E Agricultural land S A(Agricultural) S Agricultural land W A (Agricultural) W Agricultural land COMMENTS: * Pipeline is proposed to begin at an existing gas facility. Preferred alternative route will run along the half-section line of several sections for a distance of approximately 6-miles. * Properties along the length of the proposed pipeline range from cropland, to grazing land to dry land. _;,;°\-J---JA„ Chris Gathman, Current Planner Notice of Inquiry WI C Development within an Intergovernmental Agreement Urban Growth Boundary COLORADO Date of Inquiry: O C7 �• G Planner: C3 Town Referred to: LT)✓�GU C Ordinance #: Name of Person Inquiring: ;5 C, S C )(‘-\/t C C Legal Description: Legal Parcel#: Property Owner: it t Major Crossroads: Type of Inquiry: (P The above person inquired about developing a parcel of land inside your designated intergovernmental agreement urban growth boundary. This person has been referred to your community by Weld County Planning to discuss development options on this site. Weld County Comments: Town/City Comments: Plattevi e�Daco ELECestone and Frederick Intergovernmental Agreement: If the person applies to Weld County to develop e Town/City of desires to have Weld County require a binding annexation agreement between the person and the Town/City of , which requires the person to annex the parcel to the Town/City upon the terms and conditions stated in the agreement. ❑ Mead, Kersey, Milliken, LaSalle, Fort Lupton, and Dacono/Erie Intergovernmental Agreements: Has the person petitioned for the parcel to be annexed to the Town/City of ? If so, what is the status of the petition? If not, does the Town/City of desire to have the person petition for annexation, or may the person apply to Weld County to develop the parcel without first petitioning to the Town/City of for annexation? Comments: Signature of We County Planner Signature of Town/City Representative White copy:Applicant; Yellow copy: Town/City; Pink Copy: Weld County It is the applicant's responsibility to return the completed form to Weld County. :Weld County Planning Department 41555 N. 17th Avenue,Greeley, CO 80631 ' (970)353-6100, Ext. 3540)G(970)304-6498 Fax Chris Gathman - Public Service Yosemite • Page From: "Anne Best Johnson" <pajohnson@earthlink.net> To: "LEE Morrison" <LMORRISON@co.weld.co.us>, <cgathman@co.weld.co.us>, "Todd Hodges Design, LLC" <toddhodgesdesign@earthlink.net> Date: 7/3/02 8:31AM Subject: Public Service Yosemite Line Chris, I am just wanting to ease my mind that a Mineral Affidavit and notification is not required for the Yosemite Line (Public Service USR Major Facility of Public Utility) that is not under the 1041 regulations. Would you please confirm this is correct. We want to make sure to notify in time if we do need to! Thanks, Anne Best Johnson, AICP Todd Hodges Design, LLC (970)412-8640 copy- Lee Morrison, Todd Hodges DEPARTMENT OF PLANNING SERVICES O PHONE (970)353-6100, EXT.3540 • • FAX (970) 304-6498 ape E-MAIL address: i:mmika@co.weld.co.us COLORADO WELD COUNTY ADMINISTRATIVE OFFICES 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 March 1, 2002 Rick Grady Project Agent 550 15" Street, Suite 700 Denver CO 80202-4256 Dear Mr. Grady: Thank you for the opportunity to review proposals for consideration under Weld County 1041 Areas of Activities of Special Interest. The first proposal, St Vrain Meter Station to CIG Tie-In, falls under the preview of the rules on Areas of Activities of Special Interest (1041). This proposed activity clearly meets the definition of Section 21-3-20 of the Weld County Code as a major facility of a public utility, defined as any pipeline and storage area of utilities providing natural gas or other petroleum derivates to power plants, substations of electric utilities. The pipeline you propose flows directly into the St Vrain power plant. There is no indication that this pipeline has been previously permitted in Weld County. Therefore, in order to conduct this land use activity, an amendment to Use by Special Review (1063) permit including this pipeline and adhering to the rules and regulations of the Areas of Activities, Chapter 21 of the County Code, must be submitted to and approved by Weld County. The second proposal, Yosemite Plant to Tri-Town JCT, proposes a natural gas pipeline and d9es appear to fall within the rules of Chapter 21 of the Weld County Code. Available information suggests that this gas pipeline has not previously been approved by Weld County. Therefore, to conduct this activity a Use by Special Review for a Major Facility of Public Utility must be submitted discuss and these with ed.yau.Should rd According have additional questions regarding these findings I would be happy to to 21-1-70 of the Weld County Code you have the right to appeal the above written decision concerning the St Vrain Meter Station proposal to the Board of County Commissioners. I may be reached at the above address and telephone number. Sincerely, Monica Daniels-Mika, AICP Director cc: Bruce Barker Lee Morrison • • Plat Checklist POC Planner Item Comments Check ('heck Proper size and material 24" x G" or 18"x 24"/Minimum 3 millimeter polyester sheet 1--- -- - Lettering No stick-on letterins / Minimum 8 pt. lettering " Boundaries of Lots N/A Scale Suitable Scale?(1"-200'or 1"=100') Q1 ix,I'.-0' ,� 1 / A t"¢ Zoot Accesses indicated Shared Access?i;.:o,is easement Certificate included? !`' 1� Roads labeled,including N Building Envelope(s) - K1/P1/4 Vicinity M-..9 Suitable Scaler. ;_.1mimurr. I"= 600') C---LL---- North Arrow I.egal Description 1'5}`S Notes from Planner/ Development Standards ,..- ...._............._— Conditions of Approval i c'cam c-n O N r,E. . (...A ' N A IONS o �_ tyi,.oc►re (1,4 is ��PoNX� I or, c,F Lu ÷- — D,-i O-f CK.ossi /}e,ZEE:M .NTS Owner's Certificate Notarial Certificate included'? All owners must sign the plat, `// check the deed. Surveyor's Certificate and All surveyed plats 0/,; Surveyor's Stamp Note:USR plats do not need to be surveyed Director of.Planning Notarial Certificate included?(RE,SE,SP R,Final PUD if ti 1 ) - Certificate Staff Approved) N roc Planning Commission. (USR,COZ,Minor Sub.Final) Certificate Board Certificate (USR,COZ„Miiiir Sub Final) J ) A (Final PUD,RE,SE&ZPMH if Board approved) Typical Road Cross Section (COZ,Final Minor Sub. and Final PUD) _ v)1R Easements l'lease return the plat to the CAD Technician within 24 hours of receiving the plot. Planner on Call. (initials) �, 140 _ Date: / 0l 1 / !Tanner Signature: "' i 57 s1;o/tn;z- e -A, • • ic) WELD COUNTY,COLORADO d ARTMENT OF PLANNING SERVICE 1555 N.17TH AVENUE GREELEY,CO 80631 PHONE(970)353-6100,En.3540-Fax(970)304-6498 DATE: ._)o..k.i\-- 21.42 2002.. RECEIPT 8935 RECEIVED FROM: f--,C `-• CI c, ( NO. TYPE FEES 4221 -RE/SE 4221 -ZPMH 4221 ..191i::) l iifl..-'-i"t° xrf'D I` . l 4221 -SITE PLAN REVIEW 4221 -COZ 4221 -PUD 4221 -SUBDIVISION 4221 -BOA 4221-FHDP/GHDP 4430-MAPS/PUBLICATIONS 4430-POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. \ \ .ocv CASH O CHECK NO: TOTAL BY: WHITE-CUSTOMER CANARY-FINANCE PINK-FILE WELD COUNTY,COLORADO L... PARTMENT OF PLANNING SERVICES 1555 N. 17T"AVENUE GREELEY,CO 80631 PHONE(970)353.6100,Exr.3540-Fax(970)3044498 DATE: 20 RECEIPT <f- 08562 RECEIVED FROM: NO. TYPE FEES 4221 -REISE 4221 -ZPMH .4227 -US 4221 -SITE PLAN REVIEW 4221 -COZ 4221 -PUD 4221 -SUBDIVISION 4221 -BOA 4221 -FHDP/GHDP 4430-MAPS/PUBLICATIONS 4430-POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. CI CASH / CHECK NO: ' - ` ''' TOTAL /`�BY: A" C WHITE-CUSTOMER CANARY-FINANCE PINK-FILE WELD COUNTY,COLORADO uEPARTMENT OF PLANNING SERVICES 1555 N. 17T"AVENUE GREELEY,CO 80631 PHONE(970)353-6100,Exr.3540-FAX(970)3044498 • DATE: ''nv I f 2012t RECEIPT #° 06558 RECEIVED FROM: PN F3LIG g.SLH4e. to ,. r'fl^ (.o4a4-tea II , NO. TYPE FEES 4221 -RE/SE 4221 -ZPMH 4221 -SITE PLAN REVIEW 4221 -COZ 4221 -PUD 4221 -SUBDIVISION 4221 -BOA 4221 -FHDP/GHDP 4430-MAPS/PUBLICATIONS 4430-POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. \o ak4 pi'I‘�cm�e t)thtt- \tor O CASH 'friCHECK NO: ( b. TOTAL BY: ) \, WHITE-CUSTOMER CANARY-FINANCE PINK-FILE • • Planning File Flow Sheet ! CASE 4, 95e.r 131(0 DATE: ! C OMME11 ; [Si Tsi ACO" `1 • (A) ;\ \ 0., 0.�wc_ Howe 1ASS io— v II ) -r L Iboi .5 -J(~� A\ o4 at 2 , UO I I 1 TPo'c^ar; ) ; a �'OtT'L� 1-S A*err C-- 2'{'�\�2as i¢.r cam.' i+ Cc \ k 'y \ - \ocoAtQ ; O I�, 1� no# (a�i�.�. b1ic LCO t oc- ?VJI! Jors CC3¢TZn r. fe Or Lc \C SisC95 c->f u P 'o\;C ,.11 I S ac_ n of c onsiStra_ S4ry kart: C (D(C) . To o • M etc \1Lo,.).\ben e;Qe.\.i e ) sV` c-As.C.s_ • Do4 wt �er�u re- Lo\�a o.-1 - 54awk an,-cL of y, .\;41 : s ► /OZ.: co- o.fi- E _ r 4-ti!!\ RovMrtzt ha.z vi o ssu s. -neu j do vtot oLa.( w/ p.pct"nss 0a.6 staro?• s eD&ceno it 4 p..?c-r'o.1 S oK -t b. wad . • Planning File Flow Sheet CASE N. u5gr, 1 I)A['E: COMMENTS/ ACTION, 211 (a k C B 45- re-: (dO1 nn or 40+ 0- 11 O4 ce_ oV 11 s\ ocu1 c(2_ yro Scik (toc f uti i s v�.o+ IL.L 2�Qi dC o N\v. C i (-Da S 1� t CLjt^ c0.. Ef LIhrok.34-eQ bee. ) V Lsi •��n i;t rv� Go ou Gr fl c+ \ Yu-L u V4S� • Co5CS'f2oS W ct S rtt7 1 CO\\I cLS viz it)• %'` loxAoo*� p1 wcC- B . \o-e— c C'JU.Vu�a„'e. jOC 6— \<,.. -�txr ( A �1er -tip L 2 r or..cs 1-h'�ja-#:o^— C.I-ka,+✓a4 Ma.'t �"7/ZX'Z. 4 �fi htA.>5��- ter . It LES:1- w.tsSc9C. e� B '5t.-{oU' hrte Tje-e-4: "371/02_,* Lim w v� yam-. >kis; Is oR;-JCL B1l/02. LLr'F 411 NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, August 20, 2002, at 1:30 p.m. for the purpose of considering a Site Specific Development and Special Use Permit for a 24-inch Natural Gas Pipeline for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. CASE NUMBER: USR-1396 APPLICANT: Public Service Company PLANNER: Chris Gathman LEGAL DESCRIPTION: Part of Sections 3, 4, 9, 10, 15, 16, 21, 22, 27, and 28, T1 N, R67W and part of Sections 27, 28 and 34,T2N, R67W of the 6th P.M.,Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: Site Specific Development and Special Use Permit for a 24-inch Natural Gas Pipeline. LOCATION: Three proposed alternative routes. SIZE: Unknown. The public hearing will be held in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1555 N. 17th Avenue, Greeley, Colorado 80631, before the above date or presented at the public hearing on August 20, 2002. Copies of the application are available for public inspection in the Department of Planning Services, 1555 N. 17th Avenue, Greeley, Colorado 80631. Please call Donita May at(970)353-6100, Ext.3540, or Fax# (970) 304-6498, prior to the day of the hearing so that reasonable accommodations can be made if, in accordance with the Americans with Disabilities Act, you require special accommodations in order to participate in this hearing as a result of a disability. r r Michael Miller, Chair ` r ' i Weld County Planning Commission To be published in the Tri-Town Farmer& Miner and the Greeley Tribune. 7,ZS• (7Z MA-Azsi To be published one (1) time by July 31, 2002. Affidavit of Publication STATE OF COLORADO County of Weld SS. NOTICE OF PUNIC MAXIM I A. Winkler Riesel of said County of Weld being The Weld County Plarlbelg duly sworn,say that I am publisher of Commission will hddapublic hearing on Tuesday.August 20FARMER&MINER purpose pose, f ono edn aNte 2.2002 oft T 30der)rig a Ste that the same is a weekly newspaper of general Specific Development and circulation was printed and published in the town of Special use Permit for o 24- inch Natural Gas Pipeline for FREDERICK the property described below. Approval of the in said county and state that the notice of advertisement,of requestmaycreotea vested which the annexed is a true copy has been published in said property right pursuant to Colorado Law. weekly newspaper for ONE consecutive weeks: that the CASE NUMBER:USR-1396 notice was published in the regular and entire issue of every APPLICANT: Public Service number of said newspaper during the period and time of Company publication of said notice and in the newspaper proper and not PLANNER'Chris Goltx an in a supplement thereof that the first publication of said notice was contained in the issue of said newspaper bearing LEGAL DESCRIPTION'Part of the date of JULY,31st 2002.and the last publication Seetloos 3.4,9.10.15.16.21. 22. 27, and 28. TIN, R67W thereof,in the issue of said newspaper,hearing date,the day and part of sections 27.28. 31st JULY.2002 man he said and 34,T2N,R67Wolthe6m P.M.. Weld County. Colorado.. FARMER &MINER TYPE AND INTENSITY OF PROPOSED USE:Site Specific has been published continuously and uninterruptedly Development and Special during the period of at least fifty-two consecutive Use Permit for a 24-inch weeks next prior to the first issue thereof containing Natural Gas Pipeline. said notice or advertisement above referred to: and LOCATION:Three proposed altethat said newspaper was at the time of each of the unknownve publications of said notice duly qualified for that SIZE: unknown. The public hearing will be purpose within the meaning of an act entitled. "An neltl in Room 210. Weld Act Concerning Legal Notices, Advertisements and County Planning Publications and the Fees of Printers and Publishers Department. 1555 N. 17th thereof, and to Repeal all Acts and Parts of Acts in Avenue.Greeley,Colorado. Conflict with the Provisions of this Act" approved Comments or objections related to the above request April 7, 1921, and all amendments thereof, and should be submitted bmitted in writing particularly as amended by an act approved, March to the weld County 30,1923,and an act approved 7l3l93 .y , Deportment of Planning ✓✓✓�� / Services. 1555 N. 17th i� • � / Avenue,Greeley.Colorado G/// / 80631, before the above k date or presented at the public hearing on August 20. Publisher 2002. Copies of the application are available for public Subscribed and sworn to before me this 31st inspectionlntheDepartrnent day of JULY, A.D. 2002 of Planning Services.1555 N. 17th Avenue. Greeley. Cdorado 80631. Please call Donita Mayolthe of e Ext.3540.or Fax E(970)304- hei prior t the day s of the hearing so that reasonable accom.modations can be Notary Public made if.i accordance with n theAmericans rd with Disabilities Act.you require special accommodations in P.O.BOX 125 order to participate in this hearing as a result of a disability. Michael Miller.Chair F " °'" `S\" O 80621 .Weld County Planning `''B • \\\ Commission , `�•••'»"•,+�y8 t\ glbtuhedtBheFarrrrerlvnrer if �f'` }�/0 tll) Aly 31.2002. BOBI JO 9 i t BOND ; f f N t$ Jar1l CJfl:ifl.S5)n EXr a s 194 ___O-L9 Affidavit of Publication STATE OF COLORADO SS. County of Weld, callITTWERRAL • property le *Mello the comprehensive planning area of a oar a ore,our office has forwarded a copy 1, Jennifer Usher meat of PlarWrfg Services has reeil:etl due to the Da ,Fort Lipton,and aview inn ng Commission for their review and comments. rvi USR-1396y 0326 and IFrreedderrick at(303) ))833-2388 Fort Lupton (970)346- ding of said County of Weld, being duly sworn, say that I am an July 26,2002 the date,time,and place of this meetingg. It is recommended that advertising clerk of Chris Gathman you and/or a representative be in attendance at the Dacono,Fort ific Development and Special Use Permit Lupton,and Frederick Planning Commission meeting to answer ich Natural Gas Pipeline.• any questions the Commission members may have with respect THE GREELEY DAILY TRIBUNE,and ctions 3,4,9,10,15,16,21,22,27,and to your application. rt of Sections 28 and 34,T2N,867W of the A representafive from the Department of Planning Services will be The Greeley Republican Colorado. out to the property a minimum of ten days prior to the hearing to Three proposed alternative routes. post a sign adjacent to and visible from a publicly maintained Dependent on route selection road right-of-way which identifies the hearing time,date,and retied to you for review and recommends- location. In the event the property is not adjacent to a publicly• that the same is a daily of general circulation and recommendation you consider relevant to maintained road right-of-way,one sign wig be posted in the most newspaper er P P appreciated. Please reply by the above prominent place on the property and a second sign posted at the printed and published in the City of Greeley, in said county and nay give full consideration to your recom- point at-which the driveway(access drive)Intersects a publicly 'se not received before or on this date maintained road ripht-of-way state;that the notice or advertisement,of which the annexed is a a positive response to the Department of The Department of Planning Services'staff will make a recom- true copy, (weeks): that the notice waspublished in the regular ou have any further questions regarding mendation concerning this application to the Weld County g call the Planner associated with the Planning Commission. This recommendation will be available and entire issue of every number of said newspaper during the twenty-four(24)hours before the scheduled hearing. It is the Commission Hearing(if applicable) responsibility of the applicant to call the Department of Planning period and time of publication of said notice, and in the Services'office before the Planning Commission hearing to make newspaper proper and not in a supplement thereof; that the first ae request end find that it does/does not arrangements to obtain the recommendation. ehensive Plan If you have any questions concerning this matter,please call. publication of said notice was contained in the, issue of the said 7e request and find no conflicts with our Respbctfully, Chris Gathman newspaper bearing date the Thirty-first day of July Planner NOTICE OF PUBLIC HEARING A.D. 2002 and the last publication thereof: in the issue of said Date The Weld County Planning Commission will hold a public hear- newspaper date the Thirty-first first day of Jul ing on Tuesday,August 20,2002,at 1:30 p.m.for the purpose ofbearing y- Dept. 1555 N.17th Ave Greeley,CO. considering a Site Specific Development and Special Use Permit A D.2002 that said The Greeley Daily Tribune and the Greeley ext.3540 _(970)304-6498 fax for a 24-inch Natural Gas Pipeline for the property described VNING SERVICES rbiggelow.hpursuanttol of the Colorado Law may create a vested property Republican,has been published continuously and uninterruptedly 0,EXT..3540 CASE NUMBER:USR-1396 during the period of at least six months next prior to the first issue APPLICANT:Public Service Company PLANNER:Chris Gathman • - thereof contained said notice or advertisement above referred to; r 80631 LEGAL DESCRIPTION:Part of Sections 3,4,9,10,15,16,21,22, that said newspaper has been admitted to the United States mails ly 27,and 28,TIN,R67W and part of Sections 28 and 34,T2N, 1n LLC R67W of the 6th PM,Weld County,Colorado as second-class matter under the provisions of the Act of March TYDevelopmE ent INand 3p l U OF se Permit a 2Site ii ch Natural Gas 3, 1879,or any amendments thereof;and that said newspaper is a Request fora Site Specific Pipeline daily newspaper duly qualified for publishing legal notices and Cal Use cribs for a 24-inchof Natural,Gas S c: Unk Three w proposed alternative romee advertisements within the meaning of the laws of the State of land described as p24 Sections l a,9, SIZE: Unknown.Thre. and 28,TIN,R67W and part of Sections The public hearing will be held in Room 210,Weld County Colorado. of the 6th PM.,Weld County,Colorado. Planning Department,1555 N.17th Avenue,Greeley,Colorado, Comments or objections related to the above request should be lated materials for the request described submtled in writing to the Weld County Department of Planning ;sad. I have scheduled a meeting with the Services,1555 N.17th Avenue,Greeley,Colorado 80631, Commission for August 20,2002,at 1:30 before the above date or presented at the public hearing on take place in Room 210,Weld County August 20,2002. July 31,2002 555 N.17th Avenue,Greeley,Colorado. It Copies of the application are available for public inspection in Cu and/or a representative be in atten- the Department 0f Planning Services,1555 N.17th Avenue, testions the Planning Commission mem- Greeley,Colorado 80631. Please call Donita May at(970)353- 6100,Ext.3540,or Fax 9(970)304-6498,prior to the day of the ronsibility to comply with state statutes hearing so that reasonable accommodations can be made if,in eral estate owners. Colorado Revised accordance with the Americans with Disabilities Act,you require 103(adopted as pert of H.B.01-1088) special accommodations in order to participate In this hearing as ill mineral estate owners 30 days prior to a result of a disability. Total Charges: $75.60 e applicant shall provide the Weld County Michael Miller,Chair ith written certification indicating the Weld County PNnrwp Commission ye been met. The Greeby Dally 7116une 'County to refer an application to any town July 31,2002 hin three miles of the property or if the CF�tLi 7'1 ON �` d ,l V Advertising Clerk Subscribed and sworn to before me this 31st day of lulu A.D. 2002 My Commission Expires 7-28-2004 _ /soi�u�4> a . /��'% 7 . Notary Public RUG 15 2002 14:03 FR NCE/PSCO CORP COMM 393 294 3120 TO 19703046498 P.03/03 www.Melrowestlyi.cwn • Sal.,Aug.7.2002 N•2 1) "Seminars" improvementsand commitment [u conservation in this Farm Bill, -Continued from Page 2 The first seminar will be held in CHIROPRACTIC OUTLOOK IHELOWaJ1LH Hl1i1HiucsiwR01'k1Nl oBr De.Tarrw.wmwn,O.C. riMirr. o..o.rap.onm uermrm.>•dnrh+ped Ina the_00?Farm Bill,it is very impor- Greeley, CO, on August 7 at Aims p.p.(FL.,..,1 m=,Jpd=,I p.eeJ;im Nimrod roarer c..l cant that we rural tilde this inform- Corporate Education Center located u.J .4p=�=In'I•'„rt4 rt..i,»a Nipn,ann.The communities,'said at5690W nth' r n d.Lion to our ) Street.Theprogram L I J Al Fouts pre ident C)In , begin r Tq h Ae 1 J b fund.' ado Farm at 90at 7:00 pm.pad conclude tlu 1 pd J he he Iwu',diia Bureau. ac930pm - 'owi II n iH fi Featured speakers v v . and Vii Tama,,h to will include Thesecondseminar will he held in [ !�oe�own,Ow w dJ, n .-.. Ross t Chief Eco. Burlington CO on August 9 at hlit• ' Ric,ins oiOwvale of 0aronn�h y. mimic Analysis Team, American tens Restaurant located at 415 Lin- Form Burr•nu Federation; Tom cola.Thu program will f primarly..dr old+.=e +mt«d manipulacaoc,i ild wi„=I p ogr begin at 7;00 hint nd,=.mpmWmr»n'n.l n and nudes Wmgtield,ProgramSpecialiat,USDA p.m,and conclude at 9:30 p.m. Chuopnmc u.n,rvnl balls^ Inm d.,m.m.o..dee, Farm Service Agency and Allen 'Colorado Farm Bureau is excited °"n'6en..IBdNimdepNddiJ..mhohenpulln mile/or Green,State Conservationist,USDA to provide this opportunity DR.TFRAY WILeWd5,O,C, pan;and old'Jibe.Gm..h,awr dealt non.,,.Sewn Ps so sit ty for egrh- the U.S.U.Se d.g k he mulorin ofdowonm.eau.e r ue Natural Resources Service.The team cultural producers to sit down with 991 Park Ave.,Ft.Lupton dm.ria.bkr an Jm lwad'mmumrao Arwq;bohas,, ',,hl of speakers is scheduled to inform industry experts to learn moreobout (303),$57-6633 lspa, RW"Ii..Onla�L�m»rt,pnrce.Gin(0din.,!Ind. Japan aS Juan,. attendtveson the economic impacts of how the Farm Bill will affect their the Farm Bill. implementation of operations,' said Fouts. We are ' programs and assistance available looking forward to a great meeting to' producers plus the new and a great turnout" w. areal RA GRAPHIC SCALE •.+Aoeau r-- n»} sin Tarp i �02 t s I e'«l • Irid II k coufl a.v II{{ Pow uwFON STAnw f II • a own.mww I1 A. • I 7 tl%4. i F 1[.Y 1 I• '214�N'.• •+ da" )�. _ ; Xcet . 'eP e.v....now F I d case Numher f1SR 173 • "' • 130 pm,.Needag Angtes-20,2002 , 4 II Co Weld mity pepattmen&Plaimmg seMcesBulfding, II 1555 Nor 17dhtrr, Uwdey. '' . wuwn Wei if XcelFaerwiD •% ":•! I . h propwlogJo5ullda aniunl gas pipelmeln - _ II Weldaoumy.The prvpused ioum Wrallds adedatlag •�__e J PiP�ue and ebmds apptmimtelysix tulles from annheast ��p ofFart Laptoa to soughs ofWaewabelg,The projectN{g, . p� bdp meetaitrent wdfutiuo.cuspmer needs faenaufralg a • . �= and a of Crte Xgd Ihaeeggh NWIral gin system m the front COUNTY Mau pa a range of falando. $!f EE$ WArn IUns • • •n• . Tan^,,,» 7 JCcelEnergy- .+w....a.. -a aw+ ** TOTAL PAGE.03 ** DEORTMENT OF PLANNING SERVICAg 155517. 17th Avenue, Greeley, Colorado IIIM31 Phone - (970) 353-6100 - Ext. 3540, Fax (970) 304-6498 USE BY SPECIAL REVIEW (MAJOR FACILITY OF A PUBLIC UTILITY) APPLICATION Case Number Date Received Application Checked By Mylar Plat Submitted Application Fee Receipt Number Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: Various Section_T_N, R W of the 6th P.M., Weld County, Colorado. See attached maps illustrating property. LEGAL DESCRIPTION of contiguous property owned which Special Review Permit is proposed: Section _, T _N, R W of the 6th P.M., Weld County, Colorado. See attached maps. PARCEL NUMBER: Various. See attached maps illustrating property. Property Address (if available) See attached maps illustrating property. PRESENT ZONE OVERLAY ZONES TOTAL ACREAGE PROPOSED LAND USE EXISTING LAND USE SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT Name: Public Service Company of Colorado Address: 550 15th Street, Suite 700 City Denver, CO Zip Code 80202 Home Telephone: Business Telephone: (303) 571-7737 (Rick Grady) Name: -tt* c V. C,Z39-4z49 (CELL. Address: City Zip Code Home Telephone: Business Telephone: APPLICANT OR AUTHORIZED AGENT (if different than above) Name: Rick Grady, Public Service Company of Colorado Address: 550 15m Street, Suite 700 City Denver, CO Zip Code 80202 Home Telephone: Business Telephone: (303) 571-7737 I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. •-1 EXHIBIT 41,4d Rev t-9-oi Signature: Owner horized Agent • Project Summary Statemet Project Summary Public Service Company of Colorado submits this Use by Special Review Permit application pursuant to Colorado Revised Statute 30-28-110 and Chapter 23 of the Weld County Code. This application contains two detailed reports. The first provides information on the construction activities proposed and the second addresses construction of the natural gas pipelines which will provide reinforcement to the Public Service Company natural gas system located along the front range of Colorado. The proposed pipeline begins at the Yosemite gas quality station, located in the southwest quarter of Section 27, T1 N, R67 W of the 6th P.M., Weld County, Colorado. This site is located east of WCR 19 and north of WCR 4. The proposed 24" pipeline site connects to the eastern boundary of the proposed Yosemite Site. The proposed pipeline extends approximately 250 feet east from the eastern boundary of the Yosemite Site at the Inlet Valve Station Area. At this location, the preferred route turns north and runs parallel to an existing 24" pipeline for approximately 4 miles. The pipeline turns to the northwest for approximately 500 feet, then north approximately 1,000 feet under State Highway 52 then northeast for approximately 500 feet. At this last turn, the pipeline is again parallel with the north-south direction of WCR 19 for 1-1/2 miles to the Tri-Town Junction Valve Station. Public Service Company routinely evaluates its natural gas system to ensure reliable and economical gas service to its customers. The demand for gas, termed "load," is derived from the demand for goods and services that use natural gas as a fuel. Periods of slow economic growth generally result in less than average growth in natural gas demand. Periods of high economic growth generally result in above average growth in natural gas demand. It is because of this relationship that Public Service Company considers economic factors in forecasting future electric demand. Economic growth in the Public Service Company service territory continues to surpass that of the national average and is predicted to continue doing so in the near future. As a whole, the Public Service Company service territory economy is estimated to expand at approximately 3% annually. This continued economic growth is the primary determinant of future increases in natural gas annual sales and peak demand. Alternative Routes There are two alternative routes proposed. Both routes begin at the Proposed Yosemite Site and end at the Tri-Town Junction Valve Station. North routes propose a 24" Pipeline. The first alternative site leaves the proposed Yosemite Site from the west for approximately 1,000 feet to the eastern right-of-way for WCR 19. This alternative site runs parallel with WCR 19 for approximately 1-1/2 mile. Approximately 1/4 mile south of the intersection of WCRs 19 and 8, the proposed route turns east for approximately '/: mile. At this location, the alternative site turns north and runs parallel to an existing 24" pipeline for approximately 2-1/2 miles. The pipeline turns to the northwest for approximately 500 feet, then north approximately 1,000 feet under State Highway 52 then northeast for approximately 500 feet. At this last turn, the pipeline is again parallel with the north-south direction of WCR 19 for 1- 1/2 miles to the Tri-Town Junction Valve Station. The second alternative site leaves the proposed Yosemite Site from the west for approximately 1,000 feet to the western right-of-way for WCR 19. This proposed siting then runs parallel with the western right-of-way for WCR 19 north for approximately 5-3/4 miles to the intersection of WCRs 19 and 16. At this location, the proposed pipeline runs north of WCR 16 for approximately % mile east toward the Tri-Town Junction Valve Station. • •Adverse Impact Mitigation As the pipeline extension will be placed underground, the visual impact to surrounding properties will be nonexistent. Work Force A temporary work force will be associated with this project. The temporary work force will consist of construction workers constructing the new natural gas pipeline. The construction work force will be intermittently employed between July 2002 and November 2002. During peak construction periods, approximately 90 personnel will be involved in construction activities. The temporary work force will not require permanent on-site residential dwelling units. The non-local work force will reside in area motels or other temporary housing such as rental apartments. No new permanent positions will be added due to this activity. Water Requirements Not required Fuel Requirements Not required Waste Disposal Portable sanitary units will be provided while construction is in progress for this activity. All waste and remnant materials will be removed from construction sites and disposed of in a proper manner. After construction, waste disposal will not be required since waste will not be generated. • Project Report Facility Description Approximately six miles of 24-inch pipeline looping the existing 24-inch pipeline between the Tri-Town Junction valve set and the Yosemite gas quality station. In addition, the existing Tri Town Junction valve set will be rebuilt to accommodate this new pipeline. Alternative Route Analysis and Conclusion The proposed alternate routes would add a significant amount of length and cost to the proposed line, as well as greater impact to individual property owners. Impact to Surrounding Properties, Land Uses and Land Classification A limited amount of access points will be used during construction to avoid or minimize the impacts on irrigated agricultural land. When completed the pipeline will not have any affect on land use or classification. Proposed Alternatives Construction Cost Actual construction costs have yet to be determined. Preferred Route Analysis and Conclusion The preferred route lies adjacent to an existing Public Service Company gas transmission line, and would have a minimal impact on adjacent property owners. Project Impact Cultural Resources Xcel Energy contracted Greystone Environmental Consultants to conduct cultural resource investigations of approximately 3.6 acres for a 24-inch pipeline from the Yosemite plant to the Tri- Town Junction valve station. The project area is located in T1 N, R67W, Sections 3 and 22 on the Frederick quadrangle (1950 PR1994) in Weld County, Colorado. The only Federal undertaking for this project is the stream and wetland crossings along the pipeline corridor which fall under the jurisdiction of the U.S. Army Corps of Engineers (USACE), Nationwide Permit Program (NWP12). Projects that may impact waters of the United States must comply with regulations under Section 106 of the National Historic Preservation Act (NHPA). The stream and wetland crossings for this pipeline include Big Dry Creek and Little Dry Creek. The field survey was conducted during excellent conditions to provide the best opportunity to discover all associated cultural resources. No cultural resources were located. Results of the surveys have been included in a survey report for this project. Because the project will not impact any significant cultural resources, cultural resource clearance is recommended for the project as surveyed. Biological and Water Resource • Xcel Energy contracted Greystone Environmental Consultants to conduct surveys along the proposed pipeline corridor for the presence of threatened and endangered (T&E) species and/or potential habitat, and to evaluate the extent of crossing of wetlands and other waters of United States for USACE jurisdictional portions of the project. Construction of this project is not expected to affect any federal listed T&E species. No T&E species or potential suitable habitat was observed during field surveys. No suitable habitat for mountain plover was observed in the project area. No wetlands were identified within the project corridor. The Big Dry Creek and Little Dry Creek are crossed by the proposed pipeline. "Dry-crossing" construction techniques should be employed for pipeline installation across these waters of the U.S. if water is present at the time of crossing. As the pipeline extension will be placed underground, the visual impact to surrounding properties will be nonexistent. Construction and Operation Schedule: Stages and Timing Preliminary engineering to being in March of 2002 with pipeline construction scheduled to begin in August and to continue through November of 2002. Final ROW reclamation to be completed in spring of 2003. Hazards and Emergency Procedures Hazard Description: Health, Safety and Welfare Assurance Geologic and Flood Hazard Public Service Company currently employs an Environmental and Occupational Health Coordinator at the Yosemite Blend Plant to monitor plant activities. Extensive plans and contingencies address any image able event that could occur. Public Service Company conducts detailed preventative maintenance programs which include regular inspections of equipment and facilities to minimize hazards and ensure employee safety. A wide variety of plans exist including the Emergency/ Contingency Plan for Chemicals, Petroleum and Hazardous Waste and the Emergency Response Plan. Both provide mechanisms to classify emergencies and to describe organizations and communications required to manage the emergency and outline the appropriate course of action. Public Service Company provides area communities and Weld County with copies of the Emergency Response Plan and other appropriate plans regarding potential emergency situations that could arise. Public Service Company designs and constructs its facilities to meet all applicable federal, state and local safety regulations. Public Service Company strives to ensure that dangers or hazards created by construction associated with this application is minimized. Compliance with the Weld CountCode, Chapter 22 • Construction and expansion of an existing facility are consistent with the goals and objectives of the Weld County Comprehensive Plan, Chapter 22, Weld County Code. Public Service Company of Colorado is proposing to expand upon an existing network of service provision. The activities outlined in this application is compatible with surrounding land uses and are designed to meet local, state and federal environmental standards, meeting the intent of Chapter 22, Weld County Code Section 22-2-130.D. More especially, this application is consistent with the following goals and policies of Chapter 22 of the Weld County Code: 22-2-130.A Encourage the expansion and diversification of the industrial economic base. 22-2-130.C Ensure that adequate and cost-efficient services and facilities are available. 22-3-10.A The effective and efficient delivery of adequate public services is one of the primary purposed and benefits of effective land use planning. 22-3-50.A.1 Promote efficient and cost-effective delivery of public facilities and services. 22-3-50.B.1 Require adequate facilities and services to assure the health, safety and general welfare of the present and future residents of the County. Site Maintenance Maintenance of the construction site will ensure the prevention of dust, soil erosion, and growth of noxious weeds. • • Public Service Company of Colorado Use by Special Review Major Facility of a Public Utility Twenty-Four Inch Pipeline Tri-Town Junction Valve Set to Yosemite Gas Quality Station Application to Weld County Department of Planning Services Submitted June 21, 2002 • • Table of Contents 1 . Application Form 2. Letter from the Director of Planning Services indicating application procedure 3. Project Summary Statement 4. Project Report 5. Drainage Report 6. Oil and Gas Pipeline Report 7. Vicinity Map 8. Route Maps Drainage Report • • Stormwater Management Plan For Xcel Energy's 24" Td-Town Junction to Yosemite Plant Loopline Project I. Site Description Xcel Energy proposed to install approximately 6 miles of 24" high pressure gas pipeline to provide a gas supply for the new Yosemite Compressor Station site, located in Weld County near WCR 4 & 19. The pipeline will be located across portions of the following sections: SW '/ Sec. 27-T2N-R67W, Weld County NW % Sec. 34-T2N-R67W, Weld County SW % Sec. 34-T2N-R67W, Weld County NW % Sec. 3-T1N-R67W, Weld County SW ' Sec. 3-T1N-R67W, Weld County NW '/ Sec. 10-T1 N-R67W, Weld County SW '/ Sec. 10-TIN-R67W, Weld County NW '/ Sec. 15-T1 N-R67W, Weld County SW ' Sec. 15-TIN-R67W, Weld County NW '/ Sec. 22-T1N-R67W, Weld County SW ' Sec. 22-T1N-R67W, Weld County NW '/ Sec. 27-T1 N-R67W, Weld County SW '/ Sec. 27-T1N-R67W, Weld County 11. Site Map Xcel Energy shall maintain a complete set of maps on-site during construction and reclamation. III. Best Management Practices (BMP's) For Stormwater Pollution Prevention A. Erosion and Sediment Controls 1. Preconstruction Planning a. Make best effort to locate all drainage tiles prior to construction by contacting landowners and local soil conservation authorities. b. Locate all roadway crossings/access points to document and insure that safe & accessible conditions exist throughout the construction phase. 2. Clearing and Installation a. Prevent mixing of topsoil with subsoil by using soil segregation methods. The topsoil shall be stockpiled on topsoil. Topsoil shall be stripped from the area encompassing the ditch line and adjacent subsoil storage area (ditch plus spoil side method). The construction ROW, including topsoil storage area, shall not exceed a width of 85 feet. b. Construct and maintain temporary slope breakers at the following spacing: Slope (%) Spacing (ft) 5-15 300 16-30 200 The outfall of all temporary slope breakers should be directed toward appropriate energy dissipating devices and off the construction ROW. Temporary slope breakers shall be repaired at the end of each working day. B. Materials Handling and Spill Prevention 1. Petroleum Storage Facilites Although it is not anticipated, the logistics of construction projects often require temporary storage of fuels and other petroleum-related products. Prior to construction, Xcel Energy will identify staging areas, pipe storage yards, and other areas in which above ground petroleum storage tanks may be established. Each construction contractor, and the contractor's employees, representatives, and subcontractors must incorporate proper storage practices that include, but are not limited to: a. Storage tanks shall not be located within 100 ft. of a wetland or other water body. b. Storage of fuels, lubricants, waste, oil, and any other regulated substances shall be restricted to above-ground facilities. c. All storage tanks and containers must conform to applicable industry codes (NFPA, UFC, etc.) d. A secondary containment structure in the form of sand bags or earthen dikes must be constructed and utilized at each storage site. They must provide a containment volume equal to at least 150% of the volume of the largest storage vessel and provide at least one foot of freeboard. e. If earthen containment dikes are used, they shall be constructed with slopes no steeper than 3:1 (horizontal to vertical) to limit erosion and provide structural stability. f. The containment area must not have drains. Precipitation will be drawn off as necessary and sprayed on the surrounding area. If pumps are needed to remove precipitation, only manually operated pumps shall be used. Any standing water in a petroleum storage containment area shall be checked for the presence of oil before pumping/spraying in the surrounding area. If oil is present, the water shall be treated before spraying or removed for alternatively approved disposal. 2. Spill Prevention Program Potential sources of spills include tank leakage, machinery and equipment failure, and spillage during fuel transfer operations. To prevent a spill from occurring, the Contractor must incorporate preventive measures and procedures including, but not limited to: i a. The Contractor must train all employees who handle fuels and other regulated substances to follow spill prevention procedures. b. Auxiliary fuel tanks are required on wheeled or track-driven construction equipment working in large wetlands where no upland site is available for refueling. c. The Contractor shall inspect all hoses, pipes, valves, and tanks for leaks and deterioration each working day. d. Dispensing of fuels shall be performed by authorized personnel during daylight hours. Fuel dispensing operations must not be left unattended. e. Tanker trucks transporting fuel to on-site construction equipment shall travel only on approved access roads. f. The Contractor is prohibited from fueling or lubricating wheeled or track-driven vehicles or equipment within 100 feet of a wetland or other waterbody. g. Portable equipment shall be removed from wetlands to an appropriate refueling area. IV. Final Stabilization And Long Term Stormwater Management A. Cleanup —The following measures will be implemented only as appropriate to such lands. 1. Final clean-up and permanent erosion control measures, as appropriate, shall be completed within 10 days after the trench is backfilled, weather and soil conditions permitting. This does not apply to seeding if construction is completed outside of the recommended seeding season. A travel lane along the ROW may be left open to allow construction traffic access to the ROW. This travel lane must be restored in accordance with this plan when access for construction or revegetation of the construction ROW is no longer required. 2. Where required by the landowner or appropriate land managing agency, plow severely rutted areas. If plowing is employed, the stripped construction ROW shall be plowed first followed by replacement of the segregated topsoil. 3. Remove construction debris from the ROW and grade it to leave the soil in proper condition for planting, taking care to remove all construction debris and trash. B. Revegetation 1. General Requirements a. Do not apply fertilizer unless it is recommended by the appropriate agency or landowner. Where fertilizer is recommended, it should include at least 50% slow- release type fertilizer and it must be incorporated into the soil. • b. Prepare the seedbed to a depth of 3 to 4 inch where possible using appropriate equipment to provide a firm seedbed, free of construction debris. If hydroseeding or broadcast seeding is to be employed, or where soil conservation authorities or the appropriate land managing authorities specify to do so, scarify the seedbed to ensure sites for seeds to lodge and germinate. c. The project area should be seeded in accordance with the recommendations for seed mixes and seeding dates obtained from the appropriate land managing agency or landowner. Any soil disturbance that occurs outside of the recommended permanent seeding season, or any bare soil left unstabilized by vegetation, should be treated as a winter construction problem. If seeding cannot be done within the recommended seeding date, temporary erosion control shall be used and seeding of permanent cover shall be done at the beginning of the next seeding season. d. Seed slopes steeper than 3:1 immediately after final grading, weather permitting. Seed ROW within 20 working days of final grading, weather permitting. 2. Temporary Erosion Control a. In the event that construction is completed more than 30 days before the seeding season for perennial vegetation, all areas adjacent to perennial and intermittent streams shall be covered with jute matting or an acceptable substitute for a minimum of 100 feet on either side of the waterway. Where there is a slope in excess of 30% and where required by the appropriate land managing agency or landowner, two tons per acre of a weed free mulch of hay or straw must be applied and anchored with a mulch anchoring tool. b. Temporary erosion control measures may include leaving the ROW in a roughened condition, respreading scalped vegetation, or using mulch. Xcel Energy, with consultation from the appropriate land managing agency or other soil conservation authority shall determine the appropriate erosion control measure. 3. Seed Specifications a. Purchase seed in accordance with the Pure Live Seed (PLS) specifications for seed mixes. Use the following formula to determine percent PLS: PLS, % = (% puritv)(% germination) 100 Purchase certified seed of the specified variety where indicated. b. Use seed within 12 months of testing. c. Treat legume seed with an inoculant specific to the species. d. Drill seed where drilling is feasible to ' -inch depth with a cultipacker on a firm seedbed to ensure contact with the soil. Spacings should be 6-12 inches. The broadcast or hydroseeding method can be used at double the recommended seeding rates on only those areas where drilling would be incompatible with the location's vial sensitivity, or as specified by thlippropriate land managing agency or landowner. When seed is broadcasted, where practicable, firm the seedbed with a cultipacker or roller. e. Mix rice hulls with seed mixes when grain drills are used for seeding or take other appropriate measures to prevent settling out of seeds of differing densities. Inoculate legume seeds before mixing with the hulls. 4. Mulch Specifications a. Where mulching is recommended, mulch all dry sandy sites and all slopes greater than 30% immediately after seeding. Spread mulch uniformly over the area so that at least 75% of the ground surface is covered. If a mulch blower is used, the strands shall not be shredded less than 8 inches in length to allow anchoring. b. Anchor mulch immediately after placing to minimize loss by wind and water. Use a mulch anchoring tool, which is a series of straight notched disks specifically designed for the purpose, to crimp the mulch to a depth of 2-3 inches. To maintain proper seed depth, a regular farm disc should not be used. c. Mulch may be anchored using a mulch anchoring tool or a liquid mulch binder. Cutback asphalt (rapid or medium curing), or emulsified asphalt applied at 200 gallons/acre may be used. A variety of synthetic binders are also available, which should be used at rates recommended by the manufacturer for mulch anchoring. d. Up to 1 ton/acre of wood chips may be added as a mulch if areas so mulched are top-dressed with 11 lbs/acre available nitrogen or smaller quantity of 50% slow-release fertilizer. e. Wind erosion is a serious problem particularly on the sandier soils and where the disturbed areas are aligned with the direction of the wind. A determination will be made on a site-by-site basis whether water, mulches, and/or barriers such as straw bales or snow fences should be used to reduce the impact of wind erosion. f. In extremely dry areas where mulch degradation would be slow, mulching rates may be reduced, depending on site-specific conditions and consultation with a local Soil Conservation Service or other soil conservation officials. V. Other Controls A. Off-road Vehicle Control Where appropriate for off-road vehicle (ORV) control, for each landowner and land management agency, offer to install and maintain, based on state and local regulation, the following ORV control measures and install one or more of them as requested, at the completion of clean-up and reseeding: 1. Post signs at all points of access and along the ROW at intervals not to exceed 2,000 feet, stating, "This Area Seeded For Wildlife Benefits And Erosion Control". 2. Where the abov€measures are inappropriate or inalluate, develop a plan in consultation with the landowner or appropriate land managing agency to control ORV use on the ROW. VI. Inspection And Maintenance A. The following definitions and measurements will be used to accomplish and determine if reclamation on non-agricultural lands has been achieved. 1. Permanent vegetative cover will be accomplished if the basal cover of perennial species, adapting to the area, is at least 70% of the basal cover of the undisturbed vegetation of adjoining land or the Conservation Service Range Site(s) for the area. 2. Self regeneration and adaptation to the area will be evident if the plant community is in good vigor, there is evidence of successful reproduction and the species are those commonly used and accepted in the area. 3. Surface stability will be accomplished if soil movement, as measured by deposits around obstacles, depths of truncated areas, and height of pedestaling, is no greater than 0.3 inches and if erosion channels (rills, gullies, etc.) are less than 1.0 inch in depth and at intervals greater than 10 feet. If this standard is not met by the end of the second growing season, two alternatives exist depending on the severity of the erosion: a. If erosion is greater than two times the allowable amount, correctional action would have to be taken by the responsible company at that time. b. If erosion is less than or equal to two times the allowable amount, and it is determined the erosion occurred during vegetative establishment and the site may become stable, no correctional action would be required at the time. 4. Subsurface stability (mass wasting event) is of concern if disturbance has included excavation over four feet in depth and greater than 10,000 square feet in area on slopes 35% and greater, or on any erosion prone slopes. Should these conditions occur, length of liability for reclamation and final abandonment will continue for 10 years following recontouring to original contour or for such time that climatic patterns provided two consecutive years in which precipitation totals at least 120% of the average from October 1 through September 30, as measured by data averaged from nearby regional weather stations. Submission of the Final Abandonment Notice (FAN) will include the data collected and used to determine if this reclamation standard has been met. This stipulation, or portions of it, may be waived by the appropriate land managing agency or landowner. 5. If the applicant in conclusion with the appropriate land managing agency or landowner determines that the desired perennial cover is not acceptable, given the revegetation potential of the soil, the applicant shall consult with a professional agronomist to determine the need for reseeding and other treatments based on site conditions. 6. Unless otherwise approved by the appropriate land managing agency or landowner, ROW vegetation maintenance clearing shall not be done more frequently than every 3 years, and not before August 1st of any year. • • 7. Efforts to control ORV use, in cooperation with the landowner or appropriate land managing agency, shall continue through the life of the project. Signs, gates, and vehicle trails shall be maintained as necessary. 8. Monitor and correct drainage problems in active agricultural areas that have resulted from pipeline construction. 9. The applicants shall consult with the appropriate county or state weed boards or agencies, soil conservation authority, or land managing agencies to determine which areas are likely to present weed problems, and then develop specific procedures in coordination with the appropriate agency to prevent the invasion or spread of undesirable vegetation. 10. Successful revegetation will vary with the climate and soil type. Surrounding undisturbed vegetation may be used as a guide to determine if the stand is successful. A and Gas Pipeline Repo. Route Selection Criteria The proposed alternate routes would add a significant amount of length and cost to the proposed line, as well as greater impact to individual property owners. The preferred route lies adjacent to an existing Public Service Company gas transmission line, and would have a minimal impact on adjacent property owners. A list of utilities associated with projects discussed in this application is shown below. Utility Provider Address Address US West Public Service Company of Colorado 2701 West 7th Avenue Denver, CO 80204 United Power, Inc. 18551 East 16Oth Avenue Brighton, CO 80601 A list of local governments and special districts associated with the project are shown below. Special District Name Address Address City of Fort Lupton 130 McKinley Avenue Fort Lupton, CO 80621 Fort Lupton Fire District 1121 Denver Avenue Fort Lupton, CO 80621 Brighton Fire Protection District 425 South Main Street Brighton, CO 80601 Fort Lupton Schools 301 Reynolds Fort Lupton, CO 80621 Central Colorado Water Conservancy District 3209 West 28th Greeley, CO 80631 Central Colorado Water Sub District Central Weld County Water District 2235 2nd Avenue Greeley, CO 80631 Weld County Library 2227 23rd Avenue Greeley, CO 80631 Water Requirements and Transportation Facilities These items are not required with this specific application Construction Equipment Some or all of the following equipment will be on site during construction: Dozers, excavators, rubber tired backhoes, cranes and boom trucks, sidebooms, graders, front end loaders, brush hog & tractor, trencher, air compressors, generators, compactors, pipe bender, welding rigs and miscellaneous trucks (1/2 ton to tractors). Employee Housing No employee housing will be necessary for this project. Utility Company Intent to Serve This letter is not applicable to the particular application. f August 19,2002 CERTIFIED MAIL-RETURN RECIEPT REQUESTED Farmers Reservoir and Irrigation Company Attn: Manual Montoya 80 S. 27th Ave. Brighton, CO 80601 RE: Xcel Energy 24"Yosemite North Loop High Pressure Natural Gas Line Project Under-crossings of the Bull Ditch Dear Mr.Montoya: Xcel Energy plans to install an underground high pressure natural gas pipeline running in a north south direction from the existing Yosemite gas plant located near Weld County Road 4 north to the existing Tri-Town junction valve station located at Weld County Road 16. The new gas line facility will be constructed within existing and new utility easements acquired or being acquired by Xcel Energy. The new 24"gas line will cross under the existing Bull Ditch in two separate locations: 1) Under-crossing of existing Bull Ditch facility located in the North half of Section 10, Township 1 North, Range 67 West, Weld County, Colorado as demonstrated on attached plan sheet labeled"Permit 9" 2) Under-crossing of existing Bull Ditch facility located near the Center of Section 15, Township 1 North, Range 67 West, Weld County, Colorado as demonstrated on attached plan sheet labeled"Permit 11" The attached plan sheets show the specific location of each crossing mentioned above and provide a profile detailing the construction of the under-crossing. We have researched the real estate records and have found no evidence of the acquisition of title to a right of way for the aforementioned ditch facilities. By this letter,Xcel Energy hereby f FR(CO 8/16/02 Page 2 requests that the FRICO Ditch Company provide any real estate records it may have with respect to the above ditch facilities. Since the under-crossing of the ditch facilities will be accomplished by borings, there will be no interference or interruption of the operation of the ditch facilities. Xcel Energy will proceed with this installation and would be happy to answer any questions you may have with respect to the proposed details of the under-crossings. If you wish, we can contact you as to the schedule for the construction, should you desire to have a ditch company representative on site during our activities. Unless informed otherwise, we will assume that the information provided by this letter and attachment will suffice for your record keeping purposes. Thank you for your attention to this matter. We look forward to any comments that you may have as well as any evidence of land rights for your ditch facilities from your real estate records. Should you have any questions please contact me directly at 303/571-7737. Sincerely, Xcel Energy Co. Richard J. Grady Project Agent RG/sj Enclosures Psco\c33#8B\FRICOltr 1 August 19, 2002 CERTIFIED MAIL - RETURN RECIEPT REQUESTED Brantner Ditch Company Attn: Brice Steele Gaunt, Dirrim, Coover Attorneys 25 S. 4th Ave. Brighton, CO 80601 RE: Xcel Energy 24" Yosemite North Loop High Pressure Natural Gas Line Project Under-crossings of Brantner Ditch Facility Dear Mr. Steele: xcel Energy plans to install an underground high pressure natural gas pipeline running in a north south direction from the existing Yosemite gas plant located near Weld County Road 4 North to the existing Tri-Town junction valve station located at Weld County Road 16 . The new gas line facility will be constructed within existing and new utility easements acquired or being acquired by Xcel Energy. The new 24" gas line will cross under the existing Brantner Ditch in four separate locations: 1) Under-crossing of existing Brantner Ditch facility located in the South half of Section 34, Township 2 North, Range 67 West, Weld County, Colorado as demonstrated on attached plan sheet labeled "Permit 3" 2) Under-crossing of existing Brantner Ditch facility located near the center of Section 3, Township 1 North, Range 67 West, Weld County, Colorado as demonstrated on attached plan sheet labeled "Permit 7" 3) Under-crossing of existing Brantner Ditch facility located in the North half of Section 22, Township 1 North, Range 67 West, Weld County, Colorado as demonstrated on attached plan sheet labeled "Permit 13" 4) Under-crossing of existing Brantner Ditch facility located in the South half of Section 22, Township 1 North, Range 67 West, Weld County, Colorado as demonstrated on attached plan sheet labeled "Permit 15" erantner 8/16/02 Page 2 The attached plan sheets show the specific location of each crossing mentioned above and provide a profile detailing the construction of the under-crossing. We have researched the real estate records and have found no evidence of the acquisition of title to a right of way for the aforementioned ditch facilities. By this letter, Xcel Energy hereby requests that the Brantner Ditch Company provide any real estate records it may have with respect to the above ditch facilities. Since the under-crossing of the ditch facilities will be accomplished by borings, there will be no interference or interruption of the operation of the ditch facilities. Xcel Energy will proceed with this installation and would be happy to answer any questions you may have with respect to the proposed details of the under-crossings. If you wish, we can contact you as to the schedule for the construction, should you desire to have a ditch company representative on site during our activities . Unless informed otherwise, we will assume that the information provided by this letter and attachment will suffice for your record keeping purposes. Thank you for your attention to this matter. We look forward to any comments that you may have as well as any evidence of land rights for your ditch facilities from your real estate records . Should you have any questions please contact me directly at 303/571-7737 . Sincerely, Xcel Energy Co. Richard J. Grady Project Agent RG/sj Enclosures Psco\c33#8B\branterltr Xcel Energy- Siting and Land Rights PUBLIC SERVICE COMPANY 55015th Street,Suite 700 Denver,Colorado 80202-4256 Telephone:303.571.7799 Facsimile:303.571.7877 August 19, 2002 Mr. Chris Gathman, AICP Weld County Planning Department 1555 North 17th Avenue Greeley,Co 80631 RE: USR-1369 for Public Service Company of Colorado Dear Mr. Gathman: Condition of Approval item #2c stipulates that an adequate attempt has been made to incorporate future oil and gas activities on-site. Since this is an underground pipeline and does not occupy a great deal of contiguous acreage. We mailed per C.R.S. notice to all Mineral Owners and Lessees of Mineral Owners notice. We feel this attempt has been more than adequate in addressing this particular Condition. Please see this as adequate in addressing Condition of Approval Item #2c. I ask this be removed prior to the Planning Commission hearing. I thank you for your time and consideration. Should you have any questions or comments please contact me at your convenience. c • Richard J. Gr , SR/WA Project Agen AUG 16 '82 15:20 FR PUBLIC SERVICE-7TH FL303 571 7877 TO 819783846498 P.01/10 Xce/Energy9M PUBLIC SERVICE COMPANY FAX TRANSMISSION DATE: August 16, 2002 TO: Chris Gathman TELEPHONE NO: 970-353-6100 Ext. 3540 FAX NO: 970-304-6498 FROM: Rick Grady TELEPHONE NO: 303-571-7737 FAX NO: 303-571-7877 TOLL FREE: 1-800-621-9427 SUBJECT: USR-1369 NUMBER OF PAGES (INCLUDING COVER SHEET): 10 MESSAGE OR SPECIAL INSTRUCTIONS: Chris-attached please find copies of the Stormwater permit, Air Pollution Permit, Weld County Road permit & letters regarding Condition of Approval for items #2-f and 2-G. Also, would you please give copies of these to Pam Smith. Thank you for your patience and cooperation. Rick Grady Xcel Energy- , SitingSiting and Land Rights PUBLIC SERVICE COMPANY 550 15th Street,Suite 700 Denver,Colorado 80202-4256 Telephone:303.571.7799 Facsimile:303.571.7877 August 16, 2002 Mr. Chris Gathman, AICP Weld County Planning 1555 North 17th Avenue Greeley, CO 80634 RE: USR 1396, Public Service Company of Colorado Pipleine Dear Mr. Gathman: Public Service Company of Colorado respectfully requests Condition of Approval item #2-f be moved as a condition prior to construction activities taking place in the designated flood plain areas of the Big Dry Creek and the Little Dry Creek. By doing so, construction activites may commence in all other areas. Public Service Company of Colorado understands the Federal Emergency Management Agency (FEMA) requires submission of a Flood Hazard Development Permit. In no circumstances shall we be negligble in submitting this item. We respectfully ask this Condition item #2-f be moved to a new "Prior to Construction Activities in the Flood Plain." Your immediate attention is greatly appreciated. eel , Ft hard J. Gr y, SR/WA Project Agen Xcel Energy- Siting and Land Rights PUBLIC SERVICE COMPANY 55015th Street,Suite 700 Denver,Colorado 80202-4256 Telephone:303.571.7799 Facsimile:303.571.7877 August 16, 2002 Mr. Chris Gathman, AICP Weld County Planning Department 1555 North 17th Avenue Greeley,Co 80631 RE: USR-1369 for Public Service of Colorado Dear Mr. Gathman: Condition of Approval Item #2g stipulates Public Service must address the concerns expressed by the City of Dacono in a referral response dated August 1, 2002. The City has expressed concern regarding the compaction of excavated soil to mitigate road settling. The road crossings for the pipeline will be underground bores, and there will be no surface excavation work within any road right of way. Therefore, settling if any, shall be very minimal and can accommodate future road expansion. Please see this as adequate in addressing Condition of Approval Item #2g. I ask this be removed prior to the Planning Commission hearing. I thank you for your time and consideration. Should you have any questions or comments please contact me at 303-571-7737 at your convenience. re , Richard J. Irdy, SR/W Project Age RUG 16 '82 15:21 FR PUBLIC SERVICE-7TH FL303 571 7877 TO 819703046498 P.84/10 yV� . +�•JJ r ,c uvcRur aurrur UULLItry 'eau 48? 2117 TC 8S717877 P.02/04 ti w.4, I I ww ' t J II,.y t,,.,t �...J vJ STATE OF COLOZADO ea)ovens,co.'pner lane E.Norton,Executive Director Dadicaed ro orator-Ong and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr.5. Laboratory and t2adia[)on Servrees Division ZrJ Denver,Colorado 80246-1530 8100 Lowry Blvd. Phone(303)692-2000 Denver,Colorado 80230.6923 7DD Line(303)691-7700 (303)692.3090 Colorado�atrt Located in Glendale,Cobrado of Public Health hapV.‘..w..cdpha,uic.ea.e al1davlMQnlent Augers!12,2002 Bill Yenko,Manager Public Services Company of Colorado 4653 Table Mountain Drive Golden,CO 80403 720/497.2156 • RE: run)Permit,Colorado Discharge Permit System—Stormwater Certification No: COS-034403,Weld County 24"Trs-Town Junction of Yosemite Plant Local Contact; Frank Evans,Project Lead,303/511.3918 Anticipated Activity: 08/01/7002 through 11/1S/2002 On 51 acres(SI acres disturbed) Dear Si or Madam: Enclosed please End a copy of the permit certification that was issued to you under the Colorado Water Quality Control Act. Your certification under the permit requires that specific actions be performed at designated times. You are legally obligated to comply with all terms and conditions of your certification. Note that the storatwater permit for construction activities now covers conduction sites disturbing down to one acre(the previous threshold was 5 acres). Effective July I,2002,any construction activity that disturbs at least 1 acre of land(or is • - parr of a larger eommotrplan of development oe sale that vdll•disturb at least I acre)rrarst apply for permit-coverage-- -- - - • - - - Please read the penoat and certification. If you have any questions please visit our website at hap://www.cdphe.state.co.usiwo/pemutstmiVwgcdptnt.hanl,or contact Nathan Moore or Kathy Dolan at(303) 692-3500. Sincerely, • Y Susan Nach rieb,Manager Peanits Unit Water Quality Control Division • Enclosure • xc: Reg1onaI Council of Ctoverntneats Local County I1ealth Department District Engines,Technical Services,WQCD PUG 16 '02 15:21 FR PUBLIC SERVICE-7TH FL303 571 7877 TO 819703046498 F.05/10 L.I• nut JurrLT OULVEN rao 49'r 2117 TO 85717877 P.03/04 can 'L. w'cu rcA•JUJIo<VJ7U Hug 1J LUU1 `1'4y N. U< Permit No. COR-030000 Facility No. COR-034403 PAGE 1of17 CERTIFICATION CDPS GENERAL PERMIT STORIVIWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION Construction Activity: Construction activity consists of construction of a lugit-pressure gas pipeline. This pennit specifically authorizes: Public Services Company of Colorado to discharge stonnwater from the facility identified as 24"Tti-Town Junction of Yosemite Plant which is located at; 934 WCR 19 north to WCR 16 Brighton,Co • latitude 40/03/35, longitude 104/52/30 in Weld County to:Big Dry Creek effective: 08/12/2002 Annual Pee: $270.00 (DO NOT PAY NOW. You will receive a prorated bill.) • &I tr 4C sq> 4t].M RUG 16 '02 15:21 FR PUBLIC SERVICE-7TH FL303 571 7877 TO 819703046498 P.26/10 a - -, -w� r r•----..•7, ,�, r :r Iivy.d' '� w. ^. -- e1��I. -.�.—:mot' t,.,t ..x.kr, i—3.1w' L i�- C2- &.2j M r%y :‘-'6, 71-7.T-_rr h rF —,t; rJi $ t 'T f , ,r,.y rs '4,R *0-41- z r-L- "t >/- 2 J g:. e P i"'i t r° r.: % } �; .C! y----^jt T�r , y:� -','"'-0,.I r F 5 :s` Sr";,. f.". ,T�'5 r S'r . zr ra� rem ' ya≥ "`' - , w b y ( v iti`'d �,�,q. � $ k• _...n 'C- x, S ,•i .-r.< m r 4Y` -4 d r r , •>y ic.:Y4'..l `S,.lv.—w y ?t-'PA '' r �, , �.� ".-1,-*-.‘.. ,h �' '" (� Sl„), ..,. .,.rA —v,,, ,--PL-4;:-4-1 rte ?... -i �r .�y;;ata } .. F f.Ge y,y. ,a, ];1 �i,:, 4ct-. i-t. -r7 qv Y r T Fk < k cgr,..y. .- �e+ � •iy � ,P�.4ikPc+[ . '. ' .. +1*'�, iM4. mar '411k ≤A`r�t,6,, �.'.. n Y� C. ir lc,*,.yam ray S 'r' ` �„"�&.k"k dSv° ,[.✓ 'Yt�'^u ,q. r p� r t T 44.,',1,rtb r 0, X y ,y j. f! - xe'��`� `N Yse ea"''fir t�w4 > y7 w .7xS P L?sew Ok' la Y ',or r . roda��ey- �9YTG:ssrevres, earp �kr WICL•o;.;y 9 '0 il.* r*IIIVZ4 i c ; ; L,Q7U9a Z'OD,D9P': Jt ' -•..-p92-Aei.'I nt RYGBAVDIR epnbCT I kx]u. 7" .: al.' P < Reesi�i„ i 03e190 e]S, k Sacntai tinf 'Ak sb7s3. s ReeiiTed 2L45I20V2gy. .4eCCYpiy,+Sit it ' pc6tiz pgpeed ceq&. c radeyi, tuee , '.. p m 4C tlea e, c d ,at11/20D2i , • - . cite%ea S-woJ�"'or gaff (3b916 02:; III®:Massage es*oall} 1aa ...l ,�: mte:n orreta..ft}jYeey,_ r t WSW. ** TOTAL PAGE.04 ** AUG 16 '82 15:22 FR PUBLIC SERVICE-7TH FL303 571 7877 TO 819703046498 P.07/10 STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AIR POLLUTION CONTROL DIVISION rco TELEPHONE: (303) 692-3150 it'"` , CONSTRUCTION PERMIT *`e"* PERMIT No: 02WE0569L FINAL APPROVAL DATE ISSUED: August 15, 2002 ISSUED TO: Public Service Company of Colorado THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Land development project for installation of natural gas pipeline located in Sections 27, and 34, Township 2 North, Range 67 West Sections 3, 10, 15,22, and 27,Township 1 North, Range 67 West in Weld County, Colorado. • THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Earthwork activities connected with installation of natural gas pipeline identified as: 24-inch Tri-Town Junction to Yosemite Plant Loopline. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO MR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT C.R.S. (25-7-101 et seq), TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. The fugitive particulate emission control measures listed on the attached page(as proposed in the Fugitive Particulate Emission Control Plan submitted to the Division) shall be applied to the fugitive particulate emission producing sources as required by Regulation No. 1. 2. This permit shall expire on November 30,2002. By. By:- Ram N.Seetharam Ro and. lea, R. Permit Engineer Unit Leader 124/00701001 vers RUG 15 '02 15:22 FR PUBLIC SERVICE-7TH FL303 571 7877 TO 919703046499 P.08/10 Page 2 Colorado Department of Public Health and Environment Air Pollution Control Division Public Service Company of Colorado. Permit No. 02WE0569L Final Approval PARTICULATE EMISSIONS CONTROL PLAN THE FOLLOWING PARTICULATE EMISSIONS CONTROL MEASURES SHALL BE USED FOR ENFORCEMENT PURPOSES ON THE SOURCES COVERED BY THIS PERMIT.AS REQUIRED BY THE AIR QUALITY CONTROL COMMISSION REGULATION NO 1. THIS SOURCE IS SUBJECT TO THE FOLLOWING EMISSION GUIDELINES' a. All Activities-Visible emissions not to exceed 20%, no off-property transport of visible emissions. b. Haul Roads-No off-property transport of visible emissions shall apply to on-site haul roads;the nuisance guidelines shall apply to off-site haul roads. c. Haul Trucks-There shall be no off-property transport of visible emissions from haul trucks when operating on the property of the owner or operator. There shall be no off-vehicle transport of visible emissions from the material in the haul trucks when operating off of the property of the owner or operator. Control Measures 1. All unpaved roads and other disturbed surface areas on site shall be watered as necessary to prevent off- property transport of visible fugitive particulate emissions. 2. Vehicle speed on all unpaved roads and disturbed areas shall not exceed a maximum of 15 mph.Speed limit signs shall be posted. 3. All disturbed soil shall be compacted on a daily basis to within 90%of maximum compaction. 4. All disturbed surface areas shall be revegetated according to the information submitted by the applicant with the permit application. 5. Snow fence shall be installed prior to overiotting along all property borders that are adjacent to developed areas. 6. Surface area disturbed shall be minimized as described in the information submitted by the applicant with the permit application. 7. Mud and dirt carryout onto paved surfaces must be prevented. Any mud and dirt carryout onto paved surfaces shall be cleaned up daily. 8. No earthwork activities shall be performed when the wind speed exceeds 30 miles per hour. 124/0070/001 ver.200 AUG 16 '82 15:22 FR PUBLIC SERVICE-7TH FL303 571 7877 TO 819703046498 P.09/10 Page 3 Colorado Department of Public Health and Environment Air Pollution Control Division Public Service Company of Colorado. Permit No. 02WEO569L Final Approval GENERAL TERMS AND CONDITIONS: (IMPORTANT! READ ITEMS 5,8,7 AND 8) 1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of the activity,or construction,installation and operation of the source,in accordance with this information and with representations made by the applicant or applicants agents. It is valid only for the equipment and operations or activity specifically identified on the permit. 2. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the APCD to be necessary to assure compliance with the provisions of Section 25-7-114.5(7)(a), C.R.S. 3, Each and every condition of this permit Is a material part hereof and is not severable. Any challenge to or appeal of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence,this permit shall be deemed denied ab initio. This permit may be revoked at any time prior to final approval by the Air Pollution Control Division(APCD)on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission(AQCC),including failure to meet any express term or condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by the applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AQCC for review of the Division's action. 4. This permit and any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respect to a portable source that is moved to a new location,a copy of the Relocation Notice(required by law to be submitted to the APCD whenever a portable source is relocated)should be attached to this permit. The permit may be reissued to a new owner by the APCD as provided in AQCC Regulation No.3.Part B, Section 111.8.upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. 5. Issuance(initial approval)of an emission permit does not provide"final'authority for this activity or operation of this Source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of 25-7-114.5(12)(a)C.R.S.and AQCC Regulation No.3,Part B,Section IV.H. Final approval cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. If the APCD so determines, it will provide written documentation of such final approval„ which does constitute"finer authority to operate.Compliance with the permit conditions must be demonstrated within 180 days after commencement of operation. 6. THIS PERMIT AUTOMATICALLY EXPIRES IF you(1)do not commence construction or operation within 18 months after either the date of issuance of this permit or the date on which such construction or activity was scheduled to commence as set forth in the permit,whichever is later; (2)discontinue construction for a period of 18 months or more;or(3)do not complete construction within a reasonable time of the estimated completion date. Extensions of the expiration date may be granted by the APCD upon a showing of good cause by the permittee prior to the expiration date. 7. YOU MUST notifythe APCD at least thirty days(fifteen days for portable sources)prior to commencement of the permitted operation or activity. Failure to do so is a violation of Section 25-7-114.5(12)(a),C.R.S.and AQCC Regulation No.3, Part B,Section IV.H.1.,and can result in the revocation of the permit. You must demonstrate compliance with the permit conditions within 180 days after commencement of ope ation as stated in condition 5. 8. Section 25-7-114.7(2)(a), C.R.S.requires that all sources required to file an Air Pollution Emission Notice(APEN) must pay an annual fee to cover the costs of inspections and administration. If a source or activity is to be discontinued,the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification, annual fee billing will terminate. 9. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and Control Act or the regulations of the AQCC may result in administrative,civil or criminal enforcement actions under Sections 25-7-115 (enforcement),-121 (injunctions),-122 (civil penalties),-1224 (criminal penalties),C.R.S. 124100701001 Von WOO PUG 16 '02 15:23 FR PUBLIC SERVICE-7TH FL303 571 7877 TO 919703045498 P. 10/10 RIGHT-OF-WAY USE PERMIT Permit No. ,/9V Date Applied For 77—. Receipt No. This Permit is for Construction and/or installation of lines of telegraph,telephone,electric light,wire or power or pipelines,or the like,along,across, upon,and under road rights-of-way which are owned or controlled by Weld County,Colorado. All notices and/or mailings pursuant to this Permit for the Permitor shall be addressed to: Weld County c/o Office of Public Works P.O. Box 758,Greeley,Colorado 80632 Phone: (970)356-4000,Ext. 3750 Permittee / Cob Name i'c Servrce 6) e} Cob Name Company Company Address ISoo co-4t's Ara Address Ci Stat Zi / City State Business Phone CC U-1O 3 9C • 17ZG{ Business Phone Type of Pere it: Approx.Linear Feet Type of Road Crossing $Unlit I ..lac., Phone,TV, — o Road Bore •ther) _ ❑Open Cut ❑ Storm a Flow Fill ❑ Irrigation Main 0 Class 6 Road Base ❑ Potable Water Main _ 0 Native Material o Sanitary Sewer Main 0 Other Applicable Fee Amount a (�o•4Q _ - — (� Location of Construction WCR at the following locatio s: Subdivision Construction Schedule Start d ? 2002.. Daily Hours Completed QGy Z z Weekends (Any extensions of time must be approved (Only as approved herein by County) by County prior to completion date.) Plans attached: kfes 0 No Plans Required•?Ciiies 0 No 24 hour notice required Has applicant met Weld County insurance requirements?' Yes o No before construction Fees: Required Insurance Amounts for Public Liability Minimum Fee $25.00 And Property Damage Road Bore $25.00 Contractor's Bodily Injury Property Damage Utility Pole $25.00 each(Power Pole) Each Person 150,000 Pulling new or replacement of fiber optic lines in Each Accident 600,000 150,000 previously installed cdnduit$25/hole Aggregate 600,000 Automobile Trench Width Permit Fee Per Font Per Mile Each Person 150,000 Up to 6" $.06 316.80 Each Accident 600,000 600,000 7" thru 12" .10 528.00 3"thru 24" .14 739.20 25"thru 36" 22 1,161.60 37"and up .?9 1,531.20 Special Requirements i/l�' Ap royals / a t 2_ WELD COUNTY E, DATE In accepting this permit the undersigned Pennine°,under penalty of perjury, verifies that they have received all four pages of this pennir; they have read and understand all of the Permit Requirements and provisions set forth on all four pages;that they have the authority to sign for,and bind the Permittce,if the Permittee is a corporation or other like entity;and that by virtue of their signature the Permittee ' bound by and agr to comply with all said Permit Requirements and provisions, all County ordinances, and state laws regar facilities co stn 0.. `{�Dat \JpO(�'T4 Li . tnrl e mature me pertcittee Na{ne(Please Print f / ** TOTAL PAGE.le ** / ! ( 1( f t,.�{. ,i I��'l l ce9 , A ,, ' n 2412 Denby Court Fort Collins,Colorado 80526/(970)207-0272 Letter of Transmittal Date: 15-Aug-02 To: Chris Gathman, AICP Weld County Planning Department Project: Public Service, USR-1396 Via: Fax UPS Mail Overnight Pick Up Courier X Hand Deliver We Transmit for your: Informatior X Files X Approval X Correction Signature Return Number of Copies: 1 Number of Pages: 18, including Transmittal Remarks: Attached to this Transmittal are three items listed below: Listing of Mineral Estate Owners for Notification of Surface Development. This list was prepared by G. Donohue Kane of Gorsuch Kirgis, LLP per applicable C.R.S. Each name was mailed notice. Please provide legal counsel with the opportunity to review this information prior to the Planning Commission hearing to determine if this is an"Adequate Attempt" per Condition of Approval item#2c. If so, please ask the Planning Commission to remove item#2c from Staff Comments. The second item is a Certificate of Notification of Surface Development to accompany the first item described above. The third item is the required form. "Information delivered to the Weld County Department of Planning Services." Please do not hesitate to contact me at(970)412-8640 with any questions. Delivered by: Anne Best Johnson, AICP Todd Hodges Design, LLC Information delivered to the Weld County Department of Planning Services The Department of Planning and Zoning suggests at the time of submission all incoming correspondence and Mylar be reviewed by the planner. In situations where this is not possible, please complete the following information to ensure that submitted material is given to the correct person. In absence of this information a delay in response time will likely occur. PLEASE PRINT LEGIBLY Date Submitted: q/5 1O2- List item(s) submitted LI6 r �0[ 4/Via'$U t57*- OW}',er5 /y- /�/C1/r6?a h h1 C � arycivpy2& /tm Person submitting information: �21/)> }/)&,t4opmeml; 17 Anngyyp hfre.€ . w Name:AnY1° lee/TA-2 7t 10h'l3oYJ 1ArG�2 [Si `1Ut 'ti lk �ifr : j LL Telephone number(s): CI-7O ' $ --82L24-w0 Fax number: V 121 Applicant: Name: PG27( cc'7 l/l�(G l� . Case number: w q /3 (1) Planner working with: (Mac Oasict yy r) Has the recording fee for the Mylar been paid? K)/A1/ If no, please pay$10/per page Submitted by: Date: Received by: Date: N:\W PFILES\Bu i Idingforms\foreceiving.wpd • REFERRAL LIST NAME: Public Service Company CASE NUMBER: USR-1396 REFERRALS SENT: July 8, 2002 REFERRALS TO BE RECEIVED BY: July 26,2002 COUNTY TOWNS and CITIES Attorney Ault _X Health Department Brighton Extension Service Broomfield _X Emergency Management Office _X_Dacono X_Sheriffs Office Eaton X_Public Works Erie Housing Authority Evans Airport Authority Firestone _X Building Inspection _X Fort Lupton Code Enforcement _X Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey Greeley Department of Health Grover _X Department of Transportation Hudson _Historical Society Johnstown Water Conservation Board Keenesburg X_Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle XLoveland Lochbuie Greeley Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn _X Brighton F-3 Pierce Eaton F-4 Platteville _X Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 Windsor Johnstown F-8 La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 _X Adams Nunn F-12 Boulder Pawnee F-22 Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 _X US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Union Colony F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins School District Greeley _X_Brantner Ditch Company Longmont X Bull Ditch _X_West Adams X Platte Valley EXHIBIT COMMISSION/BOARD MEMBER _X Bruce Fitzgerald Flood Hazard Yes_X aglo Panel #0802 980C • +c Iz Ol4M9 - REFERRAL LIST `p NAME: ?V\D\�C �j...TM 4C.31..._ CASE#: •Jw I 3q6 COUNTY TOWNS and CITIES 5e. p%5 3 ,o,'s,zzsz, s 3H-a-67 Attorney Ault Legal ' t—in K Health Department Berthoud `/ Extension Service Brighton Parcel ID# `! czr ojS Emergency Management Office Broomfield gg Sheriffs Office X Dacono Zone Acres? � ‘1-\''"-°- X Public Works Eaton ( N „ n Housing Authority Erie USDA f ri I Pt1r-4r ;?Imy Mr 1) Airport Authority Evans Building Inspection Firestone Airport 0 Code Compliance )( Fort Lupton \ Ambulance )( Frederick Geo Haz �J 0 STATE Garden City Division of Water Resources Gilcrest FP? (QS Panel# 2-(o(o OMC Geological Survey Greeley Csccdws 3.as 4 Z'0 CRU±Src(ia, c Department of Health Grover Road Impact Fee Area? ?< Department of Transportation Hudson (SW#1 _, #2_,#3 ,Windsor_) Historical Society Johnstown Water Conservation Board Keenesburg IGA? No ORD# X Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle MUD? No X South of Hwy 66 (Loveland) Lochbuie North of Hwy 66 (Greeley) Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn K Brighton F-3 Pierce Eaton F-4 Platteville X Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 Windsor Johnstown F-8 La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 K Adams Nunn F-12 Boulder Pawnee F-22 Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT/AGENCIES Poudre Valley F-15 )( US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Western Hills F-20 SOIL CONSERVATION DISTRICTS Frederick/Firestone F-21 West Greeley Union Colony South East Weld Fort Collins K Platte Valley OTHER Longmont I. N. School District RE-'8 t 4 - a1 Big Thompson Ginny Shaw(MUD) )( West Adams h Ditch Company, Brawl-Ku- -D --CL ‘ aJ1t D'\-CL COMMISSIONER c- —Dr`+c:e_ T�T`;4t S rsWeld County Referral IJune 28, 2002 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Public Service Company Case Number USR-1396 • Please Reply By July 26, 2002 Planner Chris Gathman Project Site Specific Development and Special Use Permit for a 24-inch Natural Gas Pipeline. Legal Part of Sections 3, 4, 9, 10, 15, 16, 21, 22, 27, and 28, Ti N, R67W and part of Sections 28 and 34, T2N, R67W of the 6th P.M., Weld County, Colorado. Location Three proposed alternative routes. I Parcel Number Dependent on route selection The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) August 20, 2002 ❑ ,IMe have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. O See attached letter. Comments: Signature // Date siLay z S aio Agency Q�,Am •:Weld County Planning Dept. :•1555 N. 17th Ave. Greeley, CO. 80631 4(970)353-6100 ext.3540 9(970)304-6498 fax 0 Weld County planning Department GGREEIEY FEIC` JUL 0 g 2002 4\Cari ! Weld County Referral ' June 28, 2002 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Public Service Company Case Number USR-1396 • Please Reply By July 26, 2002 Planner Chris Gathman Project Site Specific Development and Special Use Permit for a 24-inch Natural Gas Pipeline. Legal Part of Sections 3, 4, 9, 10, 15, 16, 21, 22, 27, and 28, T1 N, R67W and part of Sections 28 and 34, T2N, R67W of the 6th P.M., Weld County, Colorado. Location Three proposed alternative routes. • Parcel Number Dependent on route selection The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) August 20, 2002 U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan 27 We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: • SignatureIS�� 2e• Date 7 Agency //rim r Ju,OY-o,v t1,Ct' �f 4-Weld County Planning Dept. 4-1555 N. 17th Ave. Greeley,CO. 80631 4(970)353-6100 ext.3540 •}(970)304-6498 fax • • �i. 3 0 ZDO2 ratWeld County Referral ' June 28, 2002 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Public Service Company Case Number USR-1396 Please Reply By July 26, 2002 Planner Chris Gathman Project Site Specific Development and Special Use Permit for a 24-inch Natural Gas Pipeline. Legal Part of Sections 3, 4, 9, 10, 15, 16, 21, 22, 27, and 28, T1 N, R67W and part of Sections 28 and 34, T2N, R67W of the 6th P.M., Weld County, Colorado. Location Three proposed alternative routes. Parcel Number Dependent on route selection The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) August 20, 2002 We have reviewed the request and find that it does/does not comply with our Comprehensive Plan lier We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature 4 .1:6411a>.. yL/cpe c7Y1GdC Date 7.25 O2 Agency / T.c74 serfnAirk_ 44/Veld County Planning Dept. •:•1555 N. 17th Ave. Greeley, CO. 80631 4(970)353-6100 ext.3540 :4(970)304-6498 fax 03/12/2002 17: 00 3038570351 FT LUPTON PAGE 01 - v.. +Y•+o rm ait SU14, U002/002 Post-it°Fax Note 7671 oeie e la pa go e e.. l To KA From Colfepl. 1 Co / .o "se G- 9t. Phone# Phone# {c.....\\,\ Fax# q ÷0 FJ. O . . Q, Fax# 1 Mo(cs divillw Weld County Referral July 8, 2002 iiiige COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Public Service Company Case Number USR-1.396 Please Reply By July 26,2002 Planner Chris Gathman Project Site Specific Development and Special Use Permit for a 24-inch Natural Gas Pipeline. Legal Part of Sections 3,4,9, 10, 15, 16,21, 22, 27, and 28,T1 N, R67W and part of Sections 27, 28 and 34,T2N,.R67W of the 6th P.M., Weld County,Colorado, Location Three proposed alternative routes. Parcel Number Dependent on route selection The application Is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) August 20,2002 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ es attached letter. Comments: Signature i2 C Date 8 /z/d .� Agency 1-� " or Fo1^ LAdp- 'otJ j +Weld County Planning Dept 41556 N.17th Ave,Greeley,CO.80631 6(970)353-6100 ext3540 4(970)304-64N fax • • RECEIVED • JUL 12002 ‘ WELD COUNTY (....1;cfti: PUEUC WORKS DEPT Weld County Referral WIND June 28, 2002 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Public Service Company Case Number USR-1396 Please Reply By July 26, 2002 Planner Chris Gathman Project Site Specific Development and Special Use Permit for a 24-inch Natural Gas Pipeline. Legal Part of Sections 3, 4, 9, 10, 15, 16, 21, 22, 27, and 28, T1 N, R67W and part of Sections 28 and 34, T2N, R67W of the 6th P.M., Weld County, Colorado. Location Three proposed alternative routes. . Parcel Number Dependent on route selection The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) August 20, 2002 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature i �� Date 8—f. o 01 1 " � � Agency c 44 (LO_,OJL0) EXHIBIT +Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO.80631 +(970)353-6100 ext.3540 +(970) • t Weld County Planning Department el"Ei E( OFFICE AUG 7 2002 nMEMORANDUM `mm��.� P�� C. COLORADO TO: Chris Gathman, Planner I DATE: August 6, 2002 FROM: Donald Carroll, Engineering Administrator sit"( SUBJECT: USR-1396, Public Service Company 24" Natural Gas Pipeline The Weld County Public Works Department has reviewed this proposal; this project fall under the purview of the Use by Special Review Standards,Weld County Code, Chapter 23,Article II, Division 4, Section 23. Our comments and requirements are as follows: COMMENTS: The applicant indicated that the preferred route would utilize the half mile line, which would be private easement from the Tri-Town Junction Valve Set to Yosemite Gas Quality Station site. REQUIREMENTS: Utility/Right-of-Way Permit: Any time the applicant utilizes the right-of-way or cross said right- way, a Weld County right-of-way permit shall be required. Contact Ted Eyl, Weld County Public Works Department, at (970)381-3779, P. O. Box 758, Greeley, CO 80632. This permit shall be in place prior to any work being done within the rights-of-way. Parking: There shall be no parking or staging of equipment on Weld County roads. Utilize the half section for private easement for parking vehicles and equipment. Signing: Utilize (MUTCD) Traffic Manual to adequately sign construction zones and crossings adjacent to county roads. The Weld County Public Works Department recommends utilizing the existing easement on the half mile line and not utilizing the WCR 19 proposed alternate 2 route. pc: USR-1396 M:\WPFILES\DON-Q1-USR.WPD 2 • • MEMORANDUM 4f \ TO: CHRIS GATHMAN, PLANNING SERVICES FROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH ISUBJECT:USR-1396 PUBLIC SERVICE COMPANY C DATE: 07/25/2002 Weld County F: lila p ,Fartppnt q^rr ; nc CC:: JUL 2 9 2002 Environmental Health Services has reviewed this proposal for a 24-inch Natural Gas Pipeline. We have no objections to the proposal, however, we do recommend that the following conditions be part of any approval: We recommend that the following requirements be met prior to allowing the plat to be recorded: 1. Because the applicant will be disturbing greater than 5 acres at any given time, the applicant shall obtain a stormwater discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. After July 1, 2002, a stormwater discharge permit will be required for any construction site that disturbs 1 or more acres. 2. Submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application to the Air Pollution Control Division, Colorado Department of Health and Environment for emissions of criteria, hazardous or odorous air pollutants. We recommend that the following requirements be incorporated into the permit as development standards: 1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. • S 4. Fugitive dust shall be controlled on this site. 5. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S., as amended. 6. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. 7. Bottled water shall be utilized for drinking and hand washing during construction of the project. 8. Adequate toilet facilities (port-a-potty) shall be provided during the construction of the project. 2 • • MEMORANDUM To: Chris Gathman From: Ken Poncelow Date: August 5, 2002 Subject: USR-1396 The sheriff's office has no concerns with this Special Use Permit. The sheriff's office would however be willing to provide a program entitled Crime Prevention Through Environmental Design to the developer. This program reduces the likelihood of criminal activity at a specific location by"hardening" it to crime. The Sheriffs Office lacks the ability to absorb any additional service demand without the resources recommended in the multi-year plan provided to the Board of County Commissioners or as indicated by growth not considered at the time the plan was developed. I have no other comments on this proposal. Aug 16 02 09: 52a JancPacker 303- 59-4103 p. 2 �1v � � „ � . . z, GREATER BRIGHTON FIRE F fie!-..` ` L ;= 1 1 D PROTECTION DISTRICT R s j,� i 4 •kt 425 South Main Street E 1. ' �. ZFN l+r �., 4/i ' Brighton,Colorado 80601 „`� �:. Cs �04•'S I-Cr r• ' gbfpdadmin(e4uos.net �oT� E�� trey. .tie.ti t , Weld County Department of Planning Services August 16, 2002 do Chris Gathman 1555 North 17th Avenue Greeley, Colorado 80631 Subject: Public Service Company,Case# USR-1396 Dear Mr. Gathman, The following comments arc made in response to the above noted site plan reviews. The Uniform Fire Code, 1997 Edition,and other codes or standards referenced within the Fire Codes as adopted by the County Commissioners, governs these comments and resulting requirements. General Comments: 1. The Fire District has only one concern regarding this project. Specifically, we are concerned about the possible impact on Fire District access to our customers in the area resulting from road closures associated with this project. Our main concern is that construction practices assure at least one open traffic lane in any area where trenching or excavation for the pipeline installation occurs,and that these areas be provided personnel (tlaggers)to adequately provide for the unimpeded flow of emergency response vehicles. Should there be any questions concerning these requirements, please do no hesitate to contact this office. Res Kris Krengel Lieutenant, Fire Prevention Office i Phone#3113-659.41111 Fax#303-659-4103 " • w^ld Corty Hinni7 n 3'nt 0Z 6ft raIs41262002 a Weld County Referral WIlD June 28, 2002 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Public Service Company Case Number US R-1396 Please Reply By July 26, 2002 Planner Chris Gathman • Project Site Specific Development and Special Use Permit for a 24-inch Natural Gas Pipeline. Legal Part of Sections 3, 4, 9, 10, 15, 16, 21, 22, 27, and 28, Ti N, R67W and part of Sections 28 and 34, T2N, R67W of the 6th P.M., Weld County, Colorado. Location Three proposed alternative routes. Parcel Number Dependent on route selection • The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) August 20, 2002 U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ have reviewed the request and find no conflicts with our interests. See attached letter. Comments: • Signature P � Date ?"- 7 _0 dZ Agency p bee-0,3 +Weld County Plan ing Dept. •:1555 N. 17th Ave. Greeley,CO. 80631 +(970)353-6100 ext.3540 -1-(970)304-6498 fax i • • August 7, 2002 CASE NUMBER: USR-1396 PROJECT: Public Service Company Site Specific Development & Special Use Permit 24 inch Natural Gas Pipeline PLANNER: Chris Gathman NRCS REPRESENTATIVE: Norman J. Wells, Jr. In consultation with the Natural Resources Conservation Service (NRCS) , we have reviewed the above referenced case and have the following comments . SOILS/LIMITATIONS: There are a variety of soils encountered along the proposed project alternative routes . These can vary from heavier clay (Weld Loam' s) to very sandy soils (Vona sandy loam) . Each of these soils will present different challenges for the contractor. Some of the soils will have severe limitations for construction due to bank caving and/or perched water table problems . PRIME FARMLANDS : Both of the alternative routes will cross several areas of irrigated `prime farmland' . All `prime farmlands' should be returned to the same condition that existed prior to construction taking place . SOIL EROSION POTENTIAL: Erosion from both wind and water present a high potential along the route and will be dependent on the soils found. All available methods to control this potential should be exercised. The "Summary Statement" does address this issue. OTHER: We recommend that the applicant contact Ron Broda, Weld County Vegetation Management Specialist, for assistance in developing a weed management plan. The District welcomes the opportunity to review and comment on proposals such as this . Conservation and wise use of our natural resources are foremost in our goals and objectives . We look forward to working with you in the future. If you or the applicant should have any questions, please feel free to contact the NRCS representative at 303-659-7004 . Sinc ely, 76/7'7=F✓.9 _//r" c4 istrict Board of Supervisors • • • Weld County Planning Department GREELEY OFFICE AUG 2002 Kilis Ftt D Weld County Referral IJune 28, 2002 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Public Service Company Case Number USR-1396 Please Reply By July 26, 2002 Planner Chris Gathman Project Site Specific Development and Special Use Permit for a 24-inch Natural Gas Pipeline. Legal Part of Sections 3, 4, 9, 10, 15, 16, 21, 22, 27, and 28, T1 N, R67W and part of Sections 28 and 34, T2N, R67W of the 6th P.M., Weld County, Colorado. Location Three proposed alternative routes. Parcel Number Dependent on route selection The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) August 20, 2002 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature �� Date 666 Agency .1.N/old County Planning Dept. •1-155-N. 17th Ave. Greeley,CO. 80631 ?(970)353-6100 ext.3540 •-(970)304-6498 fax 111 ROCKY MOUNTAIN CONSULTANTS, INC. q�C A TETRA TECH COMPANY 1900 S.Sunset Street,Suite 1-F Longmont,CO 80501 (303) 772-5282 FAX(303)665-6959 August 1, 2002 Chris Gathman Planner—AICP Weld County Planning Department 1555 North 17th Avenue Greeley, CO 80631 RE: Public Service Company, USR-1396 Dear Chris: We have reviewed this application for a Site Specific Development and Special Use Permit. The City of Dacono supports the proposed alignment paralleling the existing 24 inch pipeline. The City is concerned that the pipeline crossings at each of the County Roads are designed to allow future expansion of these roadways to meet Baseline Standards. Also, at these crossings, the cover over the pipeline should be properly compacted to avoid long term settling problems. Thank you for referring this matter and for accommodating the City's concerns regarding the roadway crossings. Sincerely. Kenneth C. Dell AICP II:0975_008 WublicServiceGasLinc\RefeaalResponse.doc CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING www.rmcco.com • Weld County Planning Denai'!!rent wtAcysH- GREELEY OFFICE JUL 1 0 2002 resti;:). , RECEIVED Weld County Referral jJune 28, 2002 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Public Service Company Case Number USR-1396 Please Reply By July 26, 2002 Planner Chris Gathman Project Site Specific Development and Special Use Permit for a 24-inch Natural Gas Pipeline. Legal Part of Sections 3, 4, 9, 10, 15, 16, 21, 22, 27, and 28, TIN, R67W and part of Sections 28 and 34, T2N, R67W of the 6th P.M., Weld County, Colorado. I Location Three proposed alternative routes. Parcel Number Dependent on route selection The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) August 20, 2002 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan 0 We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: I �� /1�� R� *LnLJty S- 461-y 5 -En cruzs -YY,rL& CD w -to 9a4+, access -ft privet*. ?repo:rill , lilt t,t 1 i should uu a.n Q-46 ✓tR acmes_ Ar9 arCLss not alrcaclt 1 t sh'ny ( 1\ Y2Vuire- a-\ accQ.ss pervrit t Signature 4 ,- 1d,__ Date 1/12_ Agency 0°T AcCass ` •:weld County Planning Dept. >1555 N. 17th Ave. Greeley, CO. 80631 v(970)353-6100 ext.3540 •}(970)304-6498 fax Weld County Planning Department GREELEY OFFICE s{IT OF JUL 10 2002 y..• • °F DEPARTMENT OF THE ARMY /e• CORPS OF ENGINEERS,OMAHA DISTRICT ^ �•epee of 3�Ilk': I L E '',�h DENVER REGULATORY OFFICE,9307 SOUTH WADSWORTH BOULERE IVE ..Ll .�. LITTLETON,COLORADO 80128-6901 •" Y C.9,�U\' July 8, 2002 Mr. Chris Gathman Weld County Planning Department 1555 N. 17th Ave. Greeley, CO 80631 RE: Public Service Company,24"Yosemite North Loopline, Case No. USR-1396 Corps File No. 200280433 Dear Mr. Gathman: Reference is made to the above-mentioned project located in parts of Sections 3,4, 9, 10, 15, 16, 21, 22, 27and 28,Township 1 North, Range 67 West, Weld County, Colorado. If any work associated with this project requires the placement of dredged or fill material, and any excavation associated with a dredged or fill project, either temporary or permanent, in waters of the United States at this site, this office should be notified by a proponent of the project for proper Depaitu,ent of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act. Waters of the U.S. includes ephemeral, intermittent and perennial streams, their surface connected wetlands and adjacent wetlands and certain lakes,ponds, drainage ditches and irrigation ditches that have a nexus to interstate commerce. Work in waters of the U.S. should be shown on a map identifying the Quarter Section, Township,Range and County of the work and the dimensions of work in each area of waters of the U.S. If there are any questions concerning this matter please call Mr. Terry McKee of this office at 303-979-4120 and reference Corps File No. 200280433. Sincerely, • T othy T. 1 arey Ch Denve Reg Office tin ��III!; II 1I• .11--_. I l fir`.. . .. I o i I e "TRI-TOWN - 4-. -.. 'Ie� �rt-pMp-l� '� JCT VALVEe �. • • '. —� •o . o SI .. 01 T s4 STATION s , 1 N. J014 ( F•"I E .L 1 D �,.'. : COUNTY'ROAD 10 i'4. -- L --- - , •�:. �s _ _ _ - . III •1 Q •1 I 0 1( ' •j. 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I ! - 5045- - - ., - - Fella _�•.- .. • YoseM a .. 1 BLEND PL T o a I •ss GRAPHIC SCALE 0 Iwo. 2000. 4000 Km' Ti Xcel Energysm ( IN FEET ) PUBLIC SERVICE COMPAN 1 inch •4000' ft. SECTIONS VARIOUS TOWNSHIP: 1,2 NORTH RANGE: 67 WEST SCALE: 1"=4000" 24" YOSEMITE NORTH LOOPLINE 6TH PRINCIPAL MERIDIAN WELD COUNTY, COLORADO DRAWN BY: PG , (TRI-TOWN ]NCT. TO YOSEMITE PLAT NO.: DOCUMENT NO•: AGENT: R. GRADY DATE; JUL 15, 2001 PLANT) File contains oversized maps Please See Original File tr;;._., Kik ' DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970)304-6498 1555 N. 17TH AVENUE O GREELEY, COLORADO 80631 COLORADO July 8, 2002 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: USR-1396 There will be a Public Hearing before the Weld County Planning Commission on Tuesday,August 20, 2002, at 1:30 p.m., in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado concerning the request of: NAME: Public Service Company FOR: Site Specific Development and Special Use Permit for a 24-inch Natural Gas Pipeline. LEGAL DESCRIPTION: Part of Sections 3, 4, 9, 10, 15, 16, 21, 22, 27, and 28, T1 N, R67W and part of Sections 27, 28 and 34, T2N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: Three proposed alternative routes. Your property is within five-hundred (500)feet of the property on which this request has been made or you may have an interest in the minerals located under the property. For additional information write or telephone Chris Gathman, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1555 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. For your convenience,the Department of Planning Services has instituted a Planning Commission Agenda Phone Line. In some circumstances cases need to be continued to a later date. To ensure that this case is being heard, you may call 970-304-6499, up to the day of the scheduled hearing for this information. GO.RSUCH KIRGIS •LP • ATTORNEYS AT'LAW TOWER 1, SUITE 1000 11515 ARAPAHOE STREET DENVER, COLORADO 80202 ; TELEPHONE (303) 376-5000 FACSIMILE (303) 376-5001 i G. DONOHUE KANE DIRECT DIAL (303) 376-5013 !! G-J July 16, 2002 email: dkane@gorsuchcom �J Public Service Company of Colorado 550 Fifteenth Street, Suite 700 Denver, Colorado 80202-4256 Attention: Richard J. Grady, Project Agent Siting and Land Rights Re: Yosemite Plant to Tri-Town Junction Pipeline Project Listing of Mineral Estate Owners for Notification of Surface Development Ladies and Gentlemen: This letter is provided to Public Service Company of Colorado ("PSCo") in connection with an application for a use by special review permit filed by PSCo in Weld County, Colorado, with respect to the proposed development of the Yosemite Plant to Tri-Town Junction Pipeline Project. The proposed pipeline will originate approximately three miles East of the Town of Frederick at the Tri-Town Junction Valve Station located in the SE/4SE/4 of Section 27, T. 2 N., R. 67 W., and will run approximately six miles south before terminating at the Yosemite Gas Quality Plant presently under construction in the S/2 of Section 27, T. 1 N., R. 67 W. The lands affected by the application (the "Application Lands") are specifically described in Exhibit "A" attached hereto. This letter and the listing of parties set forth in Exhibit "A" attached hereto are furnished for PSCo's reliance in complying with Title 24, Article 65.5 of the Colorado Revised Statutes, which requires an applicant to provide notice of the proposed surface development to (i) owners of the mineral estate in the lands subject to the application, and (ii) the local government considering the application for development. At your request, we have examined certain materials relating to ownership of the mineral estate in the Application Lands. Our examination was limited to the review of a series of ownership reports prepared by LoneTree Energy, Inc. based upon a personal examination of the records in the office of the Weld County Clerk and Recorder by David G. Meyer, an experienced petroleum landmen working under contract for LoneTree. The ownership reports include, among other information: (i) a title chain identifying those recorded instruments affecting or purporting to affect title to the mineral estate in the relevant lands as of March 18, 2002; (ii) photocopies of selected documents identified in the title chain referred to in item (i) above or relevant excerpts therefrom; and (iii) a summary of apparent surface and mineral ownership in such lands based upon a preliminary review of the materials referred to in (i) and (ii) above by the examining landman. Representatives in the Clerk and Recorder's Office have EXHIBIT GDK\57980.02\415729.01 5 1 1 Richard J. Grady, Project Agent Public Service Company of Colorado July 16, 2002 Page 2 advised Mr. Meyer that the office does not maintain a separate index of requests for notification permitted to be filed by a mineral estate owner or agent in such lands pursuant to C.R.S. § 24-65.5-103(3). Any requests for notification are indexed according to the name of the party filing the request. Based on our review of the ownership reports and accompanying materials described above and applicable law relating to mineral ownership of lands in Colorado, we identify the parties listed in Exhibit "A" as those parties who are or may be mineral estate owners entitled to notice of PSCo's application for development affecting the Application Lands. Although the undersigned is an attorney licensed to practice law in the State of Colorado, this listing does not represent a legal opinion of title. The list may include parties who cannot support a valid claim to ownership in the Application Lands; conversely, it is possible that other parties whose names are not listed may own or claim to own an interest that is not reflected in the materials submitted for our review. Under C.R.S. § 24-65.5-103(1), PSCo is required to send notice to all mineral estate owners by first class mail not less than thirty (30) days before the date scheduled for the initial public hearing on the application for development. The notice is required to contain the time and place of the initial public hearing, the nature of the hearing, the location of the Application Lands, and the name of the applicant. A further notice is required to be sent to the local government considering the application for development. This notice should be sent at the time and in the manner described above and should contain the name and address of the mineral estate owner(s). Sincerely, GORSUCH KIRGIS LLP By: G. Donohue Kane GDK\57980.02\415729.01 EXHIBIT "A" Listing Of Mineral Estate Owners For Notification Purposes Yosemite Plant To Tri-Town Junction Pipeline Project Weld County, Colorado Township 2 North, Range 67 West, 6th P.M. Section 34: E/2 United States Bureau of Land Management Kerr-McGee Rocky Mountain Corp. 2850 Youngfield Street (formerly HS Resources, Inc.) Lakewood, CO 80215 1999 Broadway, #3600 Denver, CO 80202 Dale E. & Anita A. Erickson 6511 Weld County Road 21 WestTide Investments, LLC Fort Lupton, CO 80621 82 Devonshire Street, #R22C Boston, MA 02109 Gregory N. Robinson 9502 Weld County Road 16 K.P. Kauffman Company, Inc. Fort Lupton, CO 80621 1675 Broadway, #1970 Denver, CO 80202 Norman W. Yurk & Evelyn Yurk 4372 West 14th Street BP America Production Company Greeley, CO 80634 501 Westlake Park Blvd. Houston, TX 77079 Anna Mae Sickler & Marvin C. Sickler 9549 Weld County Road 14 Marks Oil, Inc. Fort Lupton, CO 80621 1775 Sherman Street, #2990 Denver, CO 80203 Janette A. & David M. Cantonwine 300 Hawthorn Street Sonorin, LLC Frederick, CO 80530 P.O. Box 80123 Phoenix, AZ 85060 Douglas L. Miller & Jeanne Miller-Looker 6449 Weld County Road 21 Andes, LLC Fort Lupton, CO 80621 P.O. Box 1067 Farmington, NM 87499 GDK\57980.02\415729.01 1 • R.L. Andes Rodeo Resources, Inc. do Four Corners Drilling Co. P.O. Box 9931 P.O. Box 1067 Midland, TX 79707 Farmington, NM 87499 Marlene Farrell Kaiser-Francis Oil Company c/o Grant W. Breuer P.O. Box 21468 HCR 65, Box 166-8 Tulsa, OK 74121 Pryor, OK 74361 J. Cleo Thompson and James Cleo Jane Llewellyn Ott, Trustee U/A dated Thompson, Jr., a partnership July 15, 1981 with John Ekern Ott 325 North St. Paul, #4500 c/o Grant W. Breuer Dallas, TX 75201 HCR 65, Box 166-8 Pryor, OK 74361 Clyde & Beulah Criswell c/o Grant W. Breuer HCR 65, Box 166-8 Pryor, OK 74361 Township 1 North, Range 67 West, 6th P.M. Section 3: E/2 Jack Berger RME Land Corp. 9821 Highway 52 P.O. Box 1330 Fort Lupton, CO 80621 Houston, TX 77251 Baja, LLC Kerr-McGee Rocky Mountain Corp. 5901 Weld County Road 21 (formerly HS Resources, Inc.) Fort Lupton, CO 80621 1999 Broadway, #3600 Denver, CO 80202 Barbara Berger, LLC 5901 Weld County Road 21 HSRTW, Inc. Fort Lupton, CO 80621 1999 Broadway, #3600 Denver, CO 80202 Colorado Department of Transportation 4201 East Arkansas Ave. WestTide Investments, LLC Denver, CO 80222 82 Devonshire Street, #R22C Boston, MA 02109 RME Petroleum Company P.O. Box 1330 Houston, TX 77251 GDK\57980.02\415729.01 2 BP America Production Company K.P. Kauffman Company, Inc. 501 Westlake Park Blvd. 1675 Broadway, #1970 Houston, TX 77079 Denver, CO 80202 United States Exploration, Inc. 1560 Broadway, #1900 Denver, CO 80202 Township 1 North, Range 67 West, 6th P.M. Section 10: E/2 United States Bureau of Land Management Kerr-McGee Rocky Mountain Corp. 2850 Youngfield Street (formerly HS Resources, Inc.) Lakewood, CO 80215 1999 Broadway, #3600 Denver, CO 80202 Farmers Reservoir and Irrigation Company 80 South 27th Ave. WestTide Investments, LLC Brighton, CO 80601 82 Devonshire Street, #R22C Boston, MA 02109 Suckla Farms, Inc. 4468 Weld County Road 19 Wattenberg Resources Land, LLC Fort Lupton, CO 80621 3300 South Columbine Circle Englewood, CO 80110 K.P. Kauffman Company, Inc. 1675 Broadway, #1970 BP America Production Company Denver, CO 80202 501 Westlake Park Blvd. Houston, TX 77079 Township 1 North, Range 67 West, 6th P.M. Section 15: E/2 RME Petroleum Company McDonald H. Brand & Roy Enter P.O. Box 1330 c/o Roy Enter Houston, TX 77251 1385 South Willow Street Denver, CO 80231 RME Land Corp. P.O. Box 1330 Harry N. & Caroline A. Achziger Houston, TX 77251 P.O. Box 598 Fort Morgan, CO 80701 GDK\57980.02\415729.01 3 Alvin R. Brand, Jr. & Gail A. Brand BP America Production Company 3251 Weld County Road 21 501 Westlake Park Blvd. Fort Lupton, CO 80621 Houston, TX 77079 Lawrence A. Brink Kerr-McGee Rocky Mountain Corp. 3525 East 156th Ave. (formerly HS Resources, Inc.) Brighton, CO 80601 1999 Broadway, #3600 Denver, CO 80202 Coughlin Investments, LLC 2995 Weld County Road 21 United States Exploration, Inc. Fort Lupton, CO 80621 1560 Broadway, #1900 Denver, CO 80202 K.P. Kauffman Company, Inc. 1675 Broadway, #1970 HSRTW, Inc. Denver, CO 80202 1999 Broadway, #3600 Denver, CO 80202 Arlian, Inc. 1801 Broadway, #760 WestTide Investments, LLC Denver, CO 80202 82 Devonshire Street, #R22C Boston, MA 02109 True Oil Company P.O. Box 2360 Wattenberg Resources Land, LLC Casper, WY 82602 3300 South Columbine Circle Englewood, CO 80110 Township 1 North, Range 67 West, 6th P.M. Section 22: E/2 Herbert G. Findley Joan R. Stivers 9580 Weld County Road 8 1171 Barbara Ave. Fort Lupton, CO 80621 Mountain View, CA 94040 Flying E Ranch LLC Janet Normann 2995 Weld County Road 21 2620 Meadowlark Ave. Fort Lupton, CO 80621 Fort Collins, CO 80626 George & Barbara Eidsness George R. Norden 11555 Decatur Street, Unit B 3185 Weld County Road 23 Westminster, CO 80234 Fort Lupton, CO 80621 GDK\57980.02\415729.01 4 • • JoAnn W. Wagner 2529 Weld County Road 21 Len Mayer Fort Lupton, CO 80621 9123 East Mississippi Ave. #1-101 Denver, CO 80231 Albert F & Anne V. Sack 6775 Weld County Road 2 Read & Stevens, Inc. Brighton, CO 80603 P.O. Box 1518 Roswell, NM 88202 Donald R. & Rhonda Kay Gaspar 16610 York Street Stuart E. Keay Brighton, CO 80602 3505 Cragmont Ave. Dallas, TX 75205 John B. Blyler 3240 Victory View Drive BP America Production Company Boise, ID 83709 501 Westlake Park Blvd. Houston, TX 77079 Borel Bank & Trust Company, Successor Trustee of The Robert A. Petersen and Patina Oil & Gas Corporation Leona M. Petersen Declaration of Trust 1625 Broadway, #2000 dated December 18, 1981 Denver, CO 80202 160 Bovet Road San Mateo, CA 94402 Kerr-McGee Rocky Mountain Corp. (formerly HS Resources, Inc.) The Robert L. Haynie Revocable Trust 1999 Broadway, #3600 U/A dated December 20, 1991 Denver, CO 80202 c/o Robert L. Haynie, Trustee 5655 South Yosemite Street, #202 WestTide Investments, LLC Englewood, CO 80222 82 Devonshire Street, #R22C Boston, MA 02109 The Robert L. Haynie Revocable Trust U/A dated December 20, 1991 Wattenberg Resources Land, LLC c/o James D. Henegan, Trustee 3300 South Columbine Circle 1625 Broadway, #800 Englewood, CO 80110 Denver, CO 80202 GDK\57980.02\415729.01 5 Township 1 North, Range 67 West, 6th P.M. Section 27: E/2 RME Petroleum Company BP America Production Company P.O. Box 1330 501 Westlake Park Blvd. Houston, TX 77251 Houston, TX 77079 RME Land Corp. Kerr-McGee Rocky Mountain Corp. P.O. Box 1330 (formerly HS Resources, Inc.) Houston, TX 77251 1999 Broadway, #3600 Denver, CO 80202 K.P. Kauffman Company, Inc. 1675 Broadway, #1970 HSRTW, Inc. Denver, CO 80202 1999 Broadway, #3600 Denver, CO 80202 True Oil Company P.O. Box 2360 WestTide Investments, LLC Casper, WY 82602 82 Devonshire Street, #R22C Boston, MA 02109 Wattenberg Resources Land, LLC 3300 South Columbine Circle Englewood, CO 80110 GDK\57980.02\415729.01 6 e • • Weld County Planning Department GREEE.E'/ OFFICE NOTICE TO LOCAL GOVERNMENT JUL 1 8 2002 To: Weld County Department of Planning Services RERECE E D Weld County Administrative Offices 1555 North 17th Avenue Greeley, Colorado 80631 Subject: Notification to Mineral Estate Owners Application for Development - Yosemite Plant to Tri-Town Junction Pipeline Project Public Service Company of Colorado ("PSCo") has filed an application for development of the proposed Yosemite Plant to Tri-Town Junction Pipeline Project in Weld County. The application filed by PSCo requests the issuance of a use by special review permit for the construction, operation and maintenance of a 24-inch natural gas pipeline. The proposed pipeline will originate approximately three miles East of the Town of Frederick at the Tri-Town Junction Valve Station located in the SE/4SE/4 of Section 27, T. 2 N., R. 67 W., and will run approximately 6 miles south before terminating at the Yosemite Gas Quality Plant presently under construction in the S/2 of Section 27, T. 1 N., R. 67 W. The pipeline will be constructed parallel and in close proximity to an existing 24-inch PSCo pipeline crossing the same lands. The lands affected by the application are described and depicted in the Notification of Surface Development attached hereto as Appendix I. PSCo's application for development is set for initial public hearing before the Weld County Planning Commission on Tuesday, August 20, 2002, at 1:30 p.m. NOTICE IS HEREBY GIVEN that PSCo has provided notice of its application for development (and the initial public hearing scheduled for such application) to all parties who are or may be owners of the mineral estate in the lands subject to the application as determined from an examination of the records of the Weld County Clerk and Recorder. The name and address of the parties to whom such notice has been sent are contained in Appendix 2 attached to this Notice. This notice is submitted in compliance with C.R.S. § 24-65.5-103(1). Date: July 17, 2002. PUBLIC SERVICE COMPANY OF COLORADO 550 15th Street, Suite 700 Denver, Colorado 80202-4256 Attention: Richard J. Grady, Project Agent Siting and Land Rights Telephone: (303) 571-7737 Attachments GDK\57980.02\415668.01 Appendix 1 to Notice to Local Government [See Attached Notification of Surface Development] GDK\57980.02\415668.01 • • NOTIFICATION OF SURFACE DEVELOPMENT NOTICE IS HEREBY GIVEN that Public Service Company of Colorado ("PSCo") has filed an application for development of the Yosemite Plant to Tri-Town Junction Pipeline Project with the Weld County Department of Planning Services. The application filed by PSCo requests the issuance of a use by special review permit for construction and operation of a 24-inch natural gas pipeline. The proposed pipeline will originate approximately three miles East of the Town of Frederick at the Tri-Town Junction Valve Station located in the SE/4SE/4 of Section 27, T. 2 N., R. 67 W., and will run approximately 6 miles south before terminating at the Yosemite Gas Quality Plant presently under construction in the S/2 of Section 27, T. 1 N., R. 67 W. The pipeline will be constructed parallel and in close proximity to an existing 24-inch PSCo pipeline crossing the same lands. A description of the lands affected by the application and a plat depicting the route of the proposed pipeline are attached as Exhibit "A" to this Notification. The initial public hearing on PSCo's application for development will be held before the Weld County Planning Commission at the following time and place: Date: Tuesday, August 20, 2002 Time: 1:30 p.m. Place: Weld County Public Health and Planning Building 1555 North 17th Avenue, Room 210 Greeley, Colorado at which time the Planning Commission will make a determination regarding PSCo's application for use by special review permit. This notice is given pursuant to the requirements of Colorado law to parties who are or may be owners of the mineral estate in the lands described in Exhibit "A" as determined from an examination of the records of the Weld County Clerk and Recorder. For further information regarding PSCo's application for development, please contact: Richard J. Grady, Project Agent Siting and Land Rights Public Service Company of Colorado Tel.: 303/ 571-7737 Date: July 17, 2002. PUBLIC SERVICE COMPANY OF COLORADO 550 15th Street, Suite 700 Denver, Colorado 80202-4256 Attention: Richard J. Grady, Project Agent GDK\57980.02\415669.01 • • Exhibit "A" to Notification of Surface Development Description of Lands Subiect to PSCo's Application for Development A strip of land varying between 50 and 75 feet in width and running generally north and south along existing easements held by PSCo on the following lands in Weld County, Colorado: Township 2 North, Range 67 West, 6th P.M. Section 34: E/2 Township 1 North. Range 67 West, 6th P.M. Section 3: E/2 Section 10: E/2 Section 15: E/2 Section 22: E/2 Section 27: E/2 GDK\57980.02\415669.01 . • • • \ ° TRI-TOWNa {I _ wv-.L L.,- JCT VALVE �n •,, i ll 7- 1 -c ' I J 1 _, `0 �_ _ �_ 1, ° I d 1 o 1 i . 1 ,___,,,,,-__ rip- - . 0 L41/4.-.,. t F •I E .LI D ~ tT .. o 0 STATION _• � • ` •� �„ te,. -: OOus .R00. 1S -..ian _ _ --._ I - — — -- — i • -- ;@ r i afar 41, _ "0: :II.0.. A I 313 1 / ' 3-1 _34 � ' 34 ,IT_ i .4e, • � u J /� - `•• �t • e ems _ :;• frs. ° - �'.."jr.,‘,. ..:r• .iy �' / / a •° --• obi' ( f _. _ ' _ _ ',�' •LjrT-T7Lt 'sw - r�'�it fie? • teas* kTi 4.• I . y w l - Y STATE M32 13 i �y�� 04:'1.1._• _✓ • SI 21� ° r____-_-77 . _, . . , riir- ,i, — - -- - o• II r L. I 1 0._ i. I i . „___...... _ I ° V SOMA I ••^ SAN COON 12 !- t sue'. ?r I _�f r • N. , 40/2_,).$4 r ( , I(((I ' ' ta - - ° . ° . son f � I .� r a _. .°„ CO!)ism ROAD ° .«o: ..ts. x r) a • i :(7 15 ,t]'�5j'� .�1f-/i-. 1; ' • `I 13 MA• I � •� 18 • irk •I �/.k-_� PG" , �� COUNTY ROO 0 y ' ill \i' tot 1.�� I r f II Y r I • i O i I .. . / 2 2 I 22 ) _, , .-. 23 ,., .• \ , .: . . t a,. -...-s--- . •• ,°.. • • COUII P&TY ROADS l ' �"°. j i; :_. ; : -"e. i i itrr 1. "le - - -- • /n. ,,��.,� _ Wittenberg - ill r I I � ic-i-cAL �Na -- s se.mo — L P. ��1.� s '11I'� .••,% . ' IC PROP_ .F•D. - ��?-•� , ._- f i � . 4 28 f r if() Milt --r 2g ,' •wond ••• ' � I JJi .1!+``: •/� I = SITE Y•• �iq • t`Jrk ,�e pa- , . , _O G O — ` �/� �+ A _- j///;�� .'i_ - / I INLET _ • • T_ .� - / - i �•I' VALVE STA. r / `�, • s•-�_._' AREA I• ' _ L IauLiD View • `r • 1 •M _ j — - •`�i / I r �°°I ,. ' COUNTY ROAD 1 I / • , • f �JoL e a °- - - r�__.1 YOSEMI E • '"-"1II ma i/ I \\„... �'� / ° r BLEND PLAIJTy 1 Al ci- a • GRAPHIC SCALE 0 1000' 2000 4000' 8000' 1—•=L=LniTI V Xcel Energy'At ( IN FEET ) PUBLIC SERVICE COMPAN 1 inch =4000' ft. - SECTIONS VARIOUS TOWNSHIP: 1,2 NORTH RANGE: 67 WEST SCALE: 1"=4000' _ 24" YOSEMITE NORTH LOOPLINE • 6TH PRINCIPAL MERIDIAN WELD COUNTY, COLORADO DRAWN BY: JPG (TRI-TOWN JNCT. TO YOSEMITE PLAT NO,: DOCUMENT NO.: AGENT: R. GRADY DATE: JUL 15, 2001 PLANT) • • Appendix 2 to Notice to Local Government Listing of Mineral Owners for Notification Purposes Application for Development of Yosemite Plant to Tri-Town Junction Pipeline Project, Weld County, Colorado Harry N. & Caroline A. Achziger Jack Berger P.O. Box 598 9821 Highway 52 Fort Morgan, CO 80701 Fort Lupton, CO 80621 R.L. Andes Baja, LLC cfo Four Corners Drilling Co. 5901 Weld County Road 21 P.O. Box 1067 Fort Lupton, CO 80621 Farmington, NM 87499 Barbara Berger, LLC Andes, LLC 5901 Weld County Road 21 P.O. Box 1067 Fort Lupton, CO 80621 Farmington, NM 87499 BP America Production Company Arlian, Inc. 501 Westlake Park Blvd. 1801 Broadway, #760 Houston, TX 77079 Denver, CO 80202 Alvin R. Brand, Jr. & Gail A. Brand John B. Blyler 3251 Weld County Road 21 3240 Victory View Drive Fort Lupton, CO 80621 Boise, ID 83709 Lawrence A. Brink Borel Bank & Trust Company, Successor 3525 East 156th Ave. Trustee of The Robert A. Petersen and Brighton, CO 80601w Leona M. Petersen Declaration of Trust dated December 18, 1981 Janette A. & David M. Cantonwine 160 Bovet Road 300 Hawthorn Street San Mateo, CA 94402 Frederick, CO 80530 GDK\57980.02\415668.01 • • Colorado Department of Transportation Farmers Reservoir and Irrigation Company 4201 East Arkansas Ave. 80 South 27th Ave. Denver, CO 80222 Brighton, CO 80601 Coughlin Investments, LLC HSRTW, Inc. 2995 Weld County Road 21 1999 Broadway, #3600 Fort Lupton, CO 80621 Denver, CO 80202 Clyde & Beulah Criswell The Robert L. Haynie Revocable Trust c/o Grant W. Breuer U/A dated December 20, 1991 HCR 65, Box 166-8 c/o Robert L. Haynie, Trustee Pryor, OK 74361 5655 South Yosemite Street, #202 Englewood, CO 80222 McDonald H. Brand & Roy Enter c/o Roy Enter The Robert L. Haynie Revocable Trust 1385 South Willow Street U/A dated December 20, 1991 Denver, CO 80231 c/o James D. Henegan, Trustee 1625 Broadway, #800 George & Barbara Eidsness Denver, CO 80202 11555 Decatur Street, Unit B Westminster, CO 80234 Kaiser-Francis Oil Company P.O. Box 21468 Dale E. & Anita A. Erickson Tulsa, OK 74121 6511 Weld County Road 21 Fort Lupton, CO 80621 K.P. Kauffman Company, Inc. 1675 Broadway, #1970 Marlene Farrell Denver, CO 80202 c/o Grant W. Breuer HCR 65, Box 166-8 Stuart E. Keay Pryor, OK 74361 3505 Cragmont Ave. Dallas, TX 75205 Herbert G. Findley 9580 Weld County Road 8 Kerr-McGee Rocky Mountain Corp. Fort Lupton, CO 80621 (formerly HS Resources, Inc.) 1999 Broadway, #3600 Flying E Ranch LLC Denver, CO 80202 2995 Weld County Road 21 Fort Lupton, CO 80621 Douglas L. Miller & Jeanne Miller-Looker 6449 Weld County Road 21 Donald R. & Rhonda Kay Gaspar Fort Lupton, CO 80621 16610 York Street Brighton, CO 80602 Len Mayer 9123 East Mississippi Ave. #1-101 Denver, CO 80231 GDK\57980.02\415668.01 2 . + • Marks Oil, Inc. Joan R. Stivers 1775 Sherman Street, #2990 1171 Barbara Ave. Denver, CO 80203 Mountain View, CA 94040 Janet Normann Sonorin, LLC 2620 Meadowlark Ave. P.O. Box 80123 Fort Collins, CO 80626 Phoenix, AZ 85060 Jane Llewellyn Ott, Trustee U/A dated Suckla Farms, Inc. July 15, 1981 with John Ekern Ott 4468 Weld County Road 19 c/o Grant W. Breuer Fort Lupton, CO 80621 HCR 65, Box 166-8 Pryor, OK 74361 J. Cleo Thompson and James Cleo Thompson, Jr., a partnership George R. Norden 325 North St. Paul, #4500 3185 Weld County Road 23 Dallas, TX 75201 Fort Lupton, CO 80621 True Oil Company Patina Oil & Gas Corporation P.O. Box 2360 1625 Broadway, #2000 Casper, WY 82602 Denver, CO 80202 United States Exploration, Inc. Gregory N. Robinson 1560 Broadway, #1900 9502 Weld County Road 16 Denver, CO 80202 Fort Lupton, CO 80621 United States Bureau of Land Management Read & Stevens, Inc. 2850 Youngfield Street P.O. Box 1518 Lakewood, CO 80215 Roswell, NM 88202 WestTide Investments, LLC Rodeo Resources, Inc. 82 Devonshire Street, #R22C P.O. Box 9931 Boston, MA 02109 Midland, TX 79707 JoAnn W. Wagner Albert F & Anne V. Sack 2529 Weld County Road 21 6775 Weld County Road 2 Fort Lupton, CO 80621 Brighton, CO 80603 Wattenberg Resources Land, LLC Anna Mae Sickler & Marvin C. Sickler 3300 South Columbine Circle 9549 Weld County Road 14 Englewood, CO 80110 Fort Lupton, CO 80621 Norman W. Yurk & Evelyn Yurk 4372 West 14th Street Greeley, CO 80634 GDK\57980.02\415668.01 3 • • CERTIFICATE OF NOTIFICATION OF SURFACE DEVELOPMENT To: Weld County Department of Planning Services Weld County Administrative Offices 1555 North 17th Avenue Greeley, Colorado 80631 Subject: Notification to Mineral Estate Owners Application for Development - Yosemite Plant to Tri-Town Junction Pipeline Project Public Service Company of Colorado ("PSCo") has filed an application for develop- ment of the proposed Yosemite Plant to Tri-Town Junction Pipeline Project to be constructed in Weld County. The lands affected by the application are described in Exhibit "A" attached to this certificate. PSCo's application for development is set for initial public hearing before the Weld County Planning Commission on Tuesday, August 20, 2002, at 1:30 p.m. The undersigned, as an authorized representative of PSCo, hereby certifies that notice of PSCo's application for development described above was provided to the mineral estate owners in the lands affected by the application by sending a copy of the Notification of Surface Development attached as Exhibit "B" to this Certificate by first class mail not less than thirty (30) days before the initial public hearing described above, as required under C.R.S. § 24- 65.5-103(1). The undersigned further certifies that he is authorized by PSCo to make the representations contained herein and to act as PSCo's agent for purposes of this certificate. This certificate is submitted in compliance with C.R.S. § 24-65.5-103(4). Date: 1g(,(�u(t- )14 , 2002. PUBLIC SERVICE COMPANY OF COLORADO By: Ri hard J. Gr , Project Age t Siting and La Rights 550 15th Street, Suite 700 Denver, Colorado 80202-4256 Telephone: (303) 571-7737 GDK\57980.02\415666.01 • • STATE OF COLORADO ) ss. CITY AND COUNTY OF DENVER ) Subscribed and sworn to before me this /2t'4 day of odd , 2002, by Richard J. Grady as Project Agent for Public Service Company of Col do. Witness by hand and official seal. "I'yc- /I'/i/ fC Lary Public IghiAs ( SEAL ) GDK\57980.02\415666.01 2 • • Exhibit "A" to Certificate of Notification of Surface Development Description of Lands Subject to PSCo's Application for Development A strip of land varying between 50 and 75 feet in width and running generally north and south along existing easements held by PSCo on the following lands in Weld County, Colorado: Township 2 North, Range 67 West, 6th P.M. Section 34: E/2 Township 1 North, Range 67 West, 6th P.M. Section 3: E/2 Section 10: E/2 Section 15: E/2 Section 22: E/2 Section 27: E/2 GDK\57980.02\415666.01 Exhibit "B" to Certificate of Notification of Surface Development [See attached Notification of Surface Development] GDK\57980.02\415666.01 • • NOTIFICATION OF SURFACE DEVELOPMENT NOTICE IS HEREBY GIVEN that Public Service Company of Colorado ("PSCo") has filed an application for development of the Yosemite Plant to Tri-Town Junction Pipeline Project with the Weld County Department of Planning Services. The application filed by PSCo requests the issuance of a use by special review permit for construction and operation of a 24-inch natural gas pipeline. The proposed pipeline will originate approximately three miles East of the Town of Frederick at the Tri-Town Junction Valve Station located in the SE/4SE/4 of Section 27, T. 2 N., R. 67 W., and will run approximately 6 miles south before terminating at the Yosemite Gas Quality Plant presently under construction in the S/2 of Section 27, T. 1 N., R. 67 W. The pipeline will be constructed parallel and in close proximity to an existing 24-inch PSCo pipeline crossing the same lands. A description of the lands affected by the application and a plat depicting the route of the proposed pipeline are attached as Exhibit "A" to this Notification. The initial public hearing on PSCo's application for development will be held before the Weld County Planning Commission at the following time and place: Date: Tuesday, August 20, 2002 Time: 1:30 p.m. Place: Weld County Public Health and Planning Building 1555 North 17th Avenue, Room 210 Greeley, Colorado at which time the Planning Commission will make a determination regarding PSCo's application for use by special review permit. This notice is given pursuant to the requirements of Colorado law to parties who are or may be owners of the mineral estate in the lands described in Exhibit "A" as determined from an examination of the records of the Weld County Clerk and Recorder. For further information regarding PSCo's application for development, please contact: Richard J. Grady, Project Agent Siting and Land Rights Public Service Company of Colorado Tel.: 303/ 571-7737 GDK\57980.02\415669.01 Date: July 17, 2002. PUBLIC SERVICE COMPANY OF COLORADO 550 15th Street, Suite 700 Denver, Colorado 80202-4256 Attention: Richard J. Grady, Project Agent • Exhibit "A" to Notification of Surface Development Description of Lands Subject to PSCo's Application for Development A strip of land varying between 50 and 75 feet in width and running generally north and south along existing easements held by PSCo on the following lands in Weld County, Colorado: Township 2 North, Range 67 West, 6th P.M. Section 34: E/2 Township 1 North, Range 67 West, 6th P.M. Section 3: E/2 Section 10: E/2 Section 15: E/2 Section 22: E/2 Section 27: E/2 GDK\57980.02\415669.01 rIll - .- -------) ' ; .- - . ' ....----- •• ` / I Villa • .7 0,,,.*-- ) o ` a • --- i sn,p--4 .. ,\ •° -s-.- ,• CI- , LI ' •-• . 2s T�61'K _ la e-O \'t - ' ♦• •1 . ` F •I E .L D .oa) _ OQUNTY'ROAQ�� ' + �n IF \ -- �] - _ 1 p,� - 1 — — '• --- r •- . — . • f) a il ri ton WM. 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L-c* • 5075° °.I-�e#. - ° - I —_ . • •_: / • PROPOSE4 ' ! tssr �= _ • 30 29 G` r 4t - rc NIiTC \'� V' , _ as ....... Nv (((///��\\ . I •SITE "— 5 x, ) ...„ r - - _ b o, _. ., c. INLET - t.. ` �� VALVE STA. ` AREA —� 4 • ,• r. bunt' Ylnw . Qi31 'SOW' ` .-. .. - - - - - _ ' School : . amen - _ _ COUNTY • ROAD 4 • silo • I� • off • ••\ — �naq- „ KH5 �' u I . . I --..-3. f .. e 1 YOSEMI E '` R� _ / I rr { " BLEND PL T • `�'� .o GRAPHIC SCALE 0 1000'2000'4000' 8000LomillmoMmilmJ I V. Xcel Energy5M ( IN FEET ) PUBLIC SERVICE COMPAI 1 inch =4000' fl. -- - SECTIONS VARIOUS TOWNSHIP: 1,2 NORTH RANGE: 67 WEST SCALE: ?=4000' 24" YOSEMITE NORTH LOOPLINE 6111 PRINCIPAL MERIDIAN Wei) COUNTY, COLORADO DRAWN 8Y: JPG (TRI-TOWN JNCT. TO YOSEMITE PLAT NO.: DOCUMENT NO.: AGENT: R. GRADY DATE: JUL 15, 2001 PLANT) Hello