HomeMy WebLinkAbout20011275.tiff RESOLUTION
RE: DESIGNATION OF THE SITE SELECTION AND CONSTRUCTION OF THOSE
MAJOR FACILITIES OF A PUBLIC UTILITY CONSISTING OF TRANSMISSION
LINES, POWER PLANTS, AND SUBSTATIONS OF ELECTRICAL UTILITIES AS A
MATTER OF STATE INTEREST, DIRECTION TO STAFF, AND IMPOSITION OF
MORATORIUM
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, by resolution of the Board of County Commissioners dated April 2, 2001,
the Board set a public hearing for May 16, 2001, to consider the designation of the site
selection and construction of those major facilities of a public utility consisting of transmission
lines, power plants, and substations of electrical utilities as a matter of state interest, including,
in the term "public utility," those entities which build, operate, or maintain transmission lines,
power plants, and substations of electrical utilities regardless of whether they are subject to the
jurisdiction of the Colorado Public Utility Commission, with the area for the designation to
include the entire unincorporated portion of Weld County, Colorado, and
WHEREAS, notice of said hearing was published in the Tri-Town Farmer and Miner on
on April 11, 2001, and
WHEREAS, such notice was also sent by first-class U.S. Mail to the Office of the
Colorado Land Use Commission, by letter dated April 12, 2001, and
WHEREAS, the Board conducted said hearing on May 16, 2001, heard testimony and
took exhibits with respect to such designation, and considered the following reasons why such
designation should occur:
a. That the site selection and construction of those major facilities of a public utility
consisting of transmission lines, power plants, and substations of electrical
utilities impacts the areas in which they are sited.
b. That such impacts may not be addressed by the public utilities if the conduct of
such activity is uncontrolled.
c. That the advantage of coordinating the manner of conducting such activity in
Weld County will be the mitigation of such impacts within the area of designation.
WHEREAS, the Board took into consideration: 1) the intensity of current and
foreseeable development pressures in Weld County, and 2) applicable guidelines for
designation issued by the Colorado Land Use Commission after recommendation from other
State agencies, and
WHEREAS, at said hearing the Board approved such designation and directed staff to
prepare for the Board's consideration regulations concerning the activity so designated, in
accordance with the requirements of Section 24-65.1-402, C.R.S., and to notify the Colorado
Land Use Commission of such designation.
2001-1275
L `
BC0031
RE: DESIGNATION OF MATTER OF STATE INTEREST
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that
the site selection and construction of those major facilities of a public utility consisting of
transmission lines, power plants, and substations of electrical utilities, including, in the term
"public utility," those entities which build, operate, or maintain transmission lines, power plants,
and substations of electrical utilities regardless of whether they are subject to the jurisdiction of
the Colorado Public Utility Commission, be, and hereby is, designated by the Board as a matter
of State interest, with the area for the designation to include the entire unincorporated portion of
Weld County, Colorado.
BE IT FURTHER RESOLVED by the Board that staff is directed to prepare for the
Board's consideration regulations concerning the activity so designated, in accordance with the
requirements of Section 24-65.1-402, C.R.S., and to notify the Colorado Land Use Commission
of such designation.
BE IT FURTHER RESOLVED by the Board that there shall be a moratorium on the site
selection and construction of those major facilities of a public utility consisting of transmission
lines, power plants, and substations of electrical utilities, including, in the term "public utility,"
those entities which build, operate, or maintain transmission lines, power plants, and
substations of electrical utilities regardless of whether they are subject to the jurisdiction of the
Colorado Public Utility Commission until such time as such regulations are considered by the
Board and become effective after the County's regular Code amendment process.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of May, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD C NTY, COLORADO
ATTEST: finail �� ,, j.; t)
Iwo / M. J. Ge le, Chair
`.
Weld County Clerk to t �B�: � .�'�::�:'
EXCUSED
Glenn Vaad, Pro-Tem
BY: .i/[ fl.4I r �� \ i
Deputy Clerk to the Boat 2 I
William erke 771 APPROVED AS To RM: u�_nnUnUnJJlI
vi E. Long
\kJ'
my Ananey
Robert D. Ma den
2001-1275
BC0031
, t TO: Board of Weld County Commissioners
' FROM: Bruce T. Barker
CDATE: May 16, 2001
COLORADO SUBJECT: Designation of"Matter of State Interest"
On May 16, 2001, the Board of County Commissioners will consider whether or not to designate a
particular activity as an"matter of state interest." The term "matter of state interest"means an area
or activity which has been designated by the Colorado General Assembly as one which may be
regulated by a local governmental entity. The activity to be considered for designation by the Board
is the site selection and construction of those major facilities of a public utility consisting of
transmission lines, power plants, and substations of electrical utilities. (The term "public utility"
includes those entities which build, operate or maintain transmission lines, power plants, and
substations of electrical utilities, regardless of whether they are subject to the jurisdiction of the
Colorado Public Utilities Commission.) The process of designation is often referred to as part of
"the 1041 process." Reference to "1041" goes back to the House Bill in 1974 which enacted the
authority for local governments to designate and regulate matters of state interest. The authorizing
legislation allows for a two step process. Step one is the designation. Step two is the enactment of
regulations. If the Board designates this activity as a matter of state interest, a set of proposed
regulations will be presented to the Weld County Planning Commission on June 5, 2001, and then to
the Board for three readings to amend the Weld County Code. The Board's designation resolution
may include a moratorium on the activity until the effective date of the regulations (expected to be
late July, 2001).
Weld County currently regulates "Major Facilities of a Public Utility or Public Agency"through a set
of regulations found at Sections 23-2-300 to 23-2-410 of the Weld County Code. A copy of these
regulations are attached. These regulations are authorized by C.R.S. § 30-28-110(1)(a) - (c), which
states as follows:
§30-28-110. Regional planning commission approval,required when--recording
(1)(a) Whenever any county planning commission or, if there is none,any regional planning commission has
adopted a master plan of the county or any part thereof,no road,park,or other public way,ground,or
space,no public building or structure,or no public utility,whether publicly or privately owned,shall
be constructed or authorized in the unincorporated territory of the county until and unless the proposed
location and extent thereof has been submitted to and approved by such county or regional planning
commission.
(b) In case of disapproval,the commission shall communicate its reasons to the board of county
commissioners of the county in which the public way,ground,space,building,structure,or utility is
proposed to be located. Such board has the power to overrule such disapproval by a vote of not less
Memo, Matter of State Interest
May 16, 2001
Page 2
than a majority of its entire membership. Upon such overruling,said board or other official in charge
of the proposed construction or authorization may proceed therewith.
(c) If the public way,ground,space,building, structure,or utility is one the authorization or financing of
which does not,under the law governing the same, fall within the province of the board of county
commissioners or other county officials or board,the submission to the commission shall be by the
body or official having such jurisdiction,and the commission's disapproval may be overruled by said
body by a vote of not less than a majority of its entire membership or by said official. In the case of a
utility owned by an entity other than a political subdivision,the submission to the commission shall be
by the utility and shall not be by the public utilities commission; however,the commission's
disapproval may be overruled by the public utilities commission by a vote of not less than a majority of
its entire membership.
Weld County's current regulations require applications for a major facility of a public utility to be
approved by the Weld County Planning Commission. No approval by the Board of County
Commissioners is needed. C.R.S. § 30-28-I10(1)(b) and (1)(c) give the applicant a right of appeal of
the the Planning Commission's decision. Assistant County Attorney Lee Morrison and I read the
combination of(1)(b) and (1)(c) to mean that the appeal goes first to the Board of County
Commissioners, then to the Colorado Public Utilities Commission (if the P.U.C. has jurisdiction).
There is a slight difference between C.R.S. § 30-28-110 and the Weld County Home Rule Charter
regarding the issue of which body considers applications for a major facility of a public utility.
Charter Section 4-4(A)(4) requires the application for a"utility transmission system"to be approved
by the Board, after recommendation by the Planning Commission. That section is as follows:
Section 4-4. Department of Planning Services.
(A) Division of Planning,Zoning and Inspection.
(4) The Planning Commission:
(e) No utility transmission system shall be constructed until the entity developing such system
shall have made application to the Weld County Planning Commission pursuant to the rules
and regulations of the Planning Commission and until such utility system has been approved
by the Board. Prior acquisition of utility transmission easements and rights-of-way shall not
be considered by the Planning Commission or Board.
(0 The Planning Commission shall establish rules and regulations covering applications for utility
transmission easement systems and hearings thereon. The application shall include all
information required by the Board including environmental and economic impact statements.
(g) The Planning Commission shall make its recommendation to the Board as to whether an
application for a transmission utility system should be granted or denied and the Board shall
make a final determination.
Memo, Matter of State Interest
May 16, 2001
Page 3
Recently passed House Bill 01-1195 amended C.R.S. § 29-20-108 to allow for the appeal to the
P.U.C. of a local government denial of a". . . permit or application of a public utility or power
authority that relates to the location, construction, or improvement of major electrical . . . facilities, or
if the local government imposes requirements or conditions upon such permit or application that will
unreasonably impair the ability of the public utility or power authority to provide safe, reliable, and
economical service to the public . . ."
Here are some pros and cons of designating the site selection and construction of those major
facilities of a public utility consisting of transmission lines, power plants, and substations of
electrical utilities:
PRO'S CON'S
• Decision to approve or deny made by the • H.B. 01-1195 directs appeals of Board of
Board of County Commissioners. County Commissioner decisions to the
P.U.C.
• AppLal dac.tly to the Weld Dish let Court
via C.R.C.P. 106. (Eliminated by H.B. 01- • Extra layer of regulations.
1195.)
• Additional mitigation measures may be
• 1041 provides legal authority to require altered or eliminated by the P.U.C.
mitigation measures.
• Moratorium during period of considering
• Body of case law in Colorado supports the regulations.
authority of local governments to regulate
using the 1041 process.
• Regulations will establish for the future
easier mechanism for designation and
regulation of other"matters of state
interest."
• Moratorium during period of considering
regulations. �1
T
nice T. Barker
Weld County Attorney
Attachment
pc: Lee Morrison
Monica Mika
CURRENT CODE LANGUAGE
Sec.23-1-90. Definitions.
For the purposes of this Chapter,certain terms or words used herein shall be interpreted as defined in this
Section. The following specific words and phrases when appearing in this Chapter in uppercase letters,shall
have the meanings stated in this Section:
MAJOR FACILITIES OFA PUBLIC UTILITY OR PUBLIC AGENCIES: Public Utilities or Public
Agencies operating or constructing a mine, ELECTRIC TRANSMISSION LINES, commercial radio
transmission towers, cellular and other wireless communication towers, domestic water storage facilities,
POWER PLANTS, SUBSTATIONS of electrical utilities,wastewater treatment facilities, water
treatment facilities, including extensions, expansions or enlargements thereof; STORAGE AREAS of
utilities providing electricity, water, wastewater and natural gas or other petroleum derivatives, including
extension, expansions or enlargements thereof; PIPELINES of utilities providing natural gas or other
petroleum derivatives, including extensions, expansions or enlargements thereof; road,park or other
public way, ground or space, public building or structure or public utility,whether publicly or privately
owned.
Div. 5. Special Review Permits for Major Facilities of Public Utility or Public Agency
Sec.23-2-300. Applicability.
The regulations contained herein shall apply to all new site selections of MAJOR FACILITIES OF PUBLIC
UTILITIES OR PUBLIC AGENCIES within the unincorporated lands of the COUNTY subsequent to the adoption of
the ordinance codified herein. These regulations shall also apply to any expansion,enlargement or extension of MAJOR
FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES after the adoption of the ordinance codified herein.
Any proposed MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY which requires a Special
Review Permit and which is initiated by a general purpose local government, the State, United States government,
special district or authority created under the provisions of the laws of the State or any PUBLIC utility whether publicly
or privately owned,shall require review and approval by the Planning Commission only. The failure of the Planning
Commission to take action on the application within thirty(30)days after the official submittal of the application for
said DEVELOPMENT or USE shall be deemed an approval of the application unless the agency submitting the
application is granted an extension of the thirty-day review period. If the Planning Commission disapproves an
application for a Special Review Permit for said DEVELOPMENT or USE,the Planning Commission's disapproval
may be overruled by the jurisdictional body or official making the application. The Planning Commission's disapproval
may be overruled by said body by a vote of not less than a majority of its entire membership or by said official. (Weld
County Codification Ordinance 2000-1)
Sec.23-2-310. Relationship of regulations to other requirements.
Nothing in this Division shall be construed as exempting an applicant from any state or federal laws or regulations.
(Weld County Codification Ordinance 2000-1)
Sec.23-2-320. Prohibition of site selection and construction without permit.
No person may locate or construct a MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY in the
County without first obtaining a Special Review Permit pursuant to these regulations, and no Building Permit for a
MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY shall be approved without the applicant first
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obtaining approval of a Special Review Permit pursuant to these regulations. (Weld County Codification Ordinance
2000-1)
Sec.23-2-330. Duties of Department of Planning Services.
A. The Department of Planning Services shall be responsible for processing all applications for a MAJOR
FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY in the unincorporated area of the County. The
Department shall also have the responsibility of ensuring that all application submittal requirements are met prior to
initiating any official action as listed below.
B. Upon determination that a submitted application is complete,the staff of the Department of Planning Services
shall:
1. Set a Planning Commission hearing date not more than forty-five(45)days after the complete application
has been submitted.
2. Arrange for a public notice of the hearing by the Planning Commission to be published once in the
newspaper designated by the Board of County Commissioners for publication of notices a minimum of ten(10)days
prior to the hearing date.
3. Give notice of application for a Special Review Permit and the public hearing date to those persons listed
in the application as owners of property located within five hundred(500)feet of the parcel under consideration.
Such notification shall be mailed,first class,no less than ten(10)days before the scheduled public hearing. Such
notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface
estate.) Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending
such notice shall not create a jurisdictional defect in the hearing process even if such error results in the failure of
a surrounding property owner to receive such notification. However,applicants for an electric TRANSMISSION
LINE or gas PIPELINE which is more than one(1)mile in length shall advertise the hearing at least once in the
newspaper designated by the Board of County Commissioners for publication of notices a minimum of ten(10)days
prior to the hearing date. The advertisement shall contain a map displaying the proposed alternative routes along
with a description of the hearing time,date and location. The advertisement for an electric TRANSMISSION LINE
or gas PIPELINE which is more than one(1)mile in length shall be the only requirement for notification of property
owners.
4. Give notice of the application for a Special Review Permit and the public hearing date to those persons listed
in the application as owners and lessees of the mineral estate on or under the parcel under consideration. Such
notification shall be mailed,first class,not less than ten(10)days before the scheduled public hearing. Such notice
is not required by state statute and is provided as a courtesy to the owners and lessees of the mineral estate on or
under the parcel. Inadvertent errors by the applicant in supplying such list or the Department of Planning Services
in sending such notice shall not create a jurisdictional defect in the hearing process,even if such error results in the
failure of a surrounding property owner to receive such notification. However, applicants for an electric
TRANSMISSION LINE or gas PIPELINE which is more than one(1)mile in length shall advertise the hearing at
least once in the newspaper designated by the Board of County Commissioners for publication of notices a minimum
often(10)days prior to the hearing date. The advertisement shall contain a map displaying the proposed alternative
routes, along with a description of the hearing time, date and location. The advertisement for an electric
TRANSMISSION LINE or gas PIPELINE which is more than one(1)mile in length shall be the only requirement
for notification of mineral rights owners.
5. Refer the application to the following agencies,when deemed applicable by the Department of Planning
Services for their review and comment. The agencies named shall respond within twenty-one(21)days after the
mailing of the application by the COUNTY. The failure of any agency to respond within twenty-one(21)days may
be deemed to be a favorable response to the proposal. Such agencies may request and be granted additional time
for review of such proposals upon approval by the Director of Planning Services. The reviews and comments
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solicited by the COUNTY are intended to provide the COUNTY with information on the proposal. The Planning
Commission may consider all such reviews and comments, and may solicit additional information if such
information is deemed necessary. The reviews and comments submitted by a referral agency are recommendations
to the COUNTY. The authority and responsibility for making the decision to approve or deny the proposal rests
with the officials of the COUNTY.
a. The planning commission of any town or county whose boundaries are within three (3) miles of the
proposed site or if the proposed site is located within any town's comprehensive planning area.
b. Department of Public Health and Environment.
c. Department of Public Works.
d. Colorado Geological Survey.
e. Colorado Department of Transportation.
f. U.S. Forest Service.
g. Any irrigation ditch company with facilities within or ADJACENT to the site under consideration.
h. Utility companies with underground lines which might be affected by the DEVELOPMENT.
i. Special service districts which may provide service to the DEVELOPMENT.
j. State Engineer,Division of Water Resources.
k. Natural Resource Conservation Service.
I. Any other agencies or individuals whose review the Department of Planning Services deems necessary.
6. Prepare staff comments and recommendations for presentation at the Planning Commission hearing,
addressing all aspects of the application, its conformance with this Chapter and Chapter 22 of this Code and
comments received from referral agencies.
C. The Department of Planning Services shall arrange for the County Clerk and Recorder to record the plans
approved by the Planning Commission. (Weld County Codification Ordinance 2000-1)
Sec.23-2-340. Duties of Planning Commission.
A. The Planning Commission shall hold a hearing to consider the application for the Special Review Permit. In
making a decision on the proposed Special Review Permit for a MAJOR FACILITY OF A PUBLIC UTILITY OR
PUBLIC AGENCY,the Planning Commission shall,from the facts presented at the public hearing and the information
contained in the official record,which includes the Department of Planning Services case file,approve the request for
the Special Review Permit for a MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY only if it finds
that the applicant has met the applicable conditions of Section 23-2-400 below. The applicant has the burden of proof
to show that the applicable conditions of Section 23-2-400 are met. The Planning Commission has final permit review
authority for a MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY as described in Section 23-2-300
above.
B. Where reasonable methods or techniques are available to mitigate any negative impacts which could be
generated by the proposed MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY upon the surrounding
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area, the Planning Commission may condition the decision to approve the Special Review Permit for a MAJOR
FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY upon implementation of such methods or techniques and
may require sufficient performance guarantees to be posted with the COUNTY to guarantee such implementation.
C. If the Special Review Permit for a MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY is
approved,the Planning Commission shall arrange for the Department of Planning Services to record the appropriate
Facilities Plan,Utility Line or Selected Route Map with the County Clerk and Recorder. (Weld County Codification
Ordinance 2000-1)
Sec.23-2-350. Duties of Board of County Commissioners.
The Special Review Permit duties of the Board of County Commissioners for a MAJOR FACILITY OF A PUBLIC
UTILITY OR PUBLIC AGENCY are limited according to the provisions of Section 30-28-110,C.R.S.,and the Home
Rule Charter. (Weld County Codification Ordinance 2000-1)
Sec.23-2-360. Application for Special Review Permit.
Any person seeking to locate and construct a MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY
in the County shall apply for a Special Review Permit on the forms provided by the Department of Planning Services.
The application forms shall be accompanied by the supporting documents required by these regulations. (Weld County
Codification Ordinance 2000-1)
Sec.23-2-370. Submission requirements.
Submission Requirements. An adequate number of copies of the application for a Special Review Permit shall be
submitted by the applicant to the Department of Planning Services. An application for a Special Review Permit shall
contain the following information in such form as prescribed by the Department of Planning Services.
A. The applicants name and telephone number.
B. Address of the applicant and general OFFICE.
C. Summary statement of the project,to include when applicable:
1. Source,capacity,destination and type of facilities, support STRUCTURES,lines,etc., involved.
2. Number and description of altemative locations or routes considered, with a summary emphasizing
reasons for favoring a particular site or route.
3. Procedures, including reclamation measures, landscaping, buffering techniques or multiple uses,to be
employed in efforts to mitigate any adverse impacts.
4. Size of the anticipated work force,both temporary and permanent.
5. A summary of the proposed water requirements, if any,to include the quality and quantity needed for
each USE,source,storage facilities,points of diversion,treatment system and distribution system.
6. A summary of the proposed fuel requirements,if any,to include the type and quantity needed,source and
storage facilities.
7. A description of the location and method of disposal of all forms of waste.
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D. A detailed report shall be submitted which includes information on the following items:
1. A complete description of the facilities,including the source,capacity,destination and type of structures.
2. A complete analysis of the alternative routes or sites considered,to include in each case:
a. Reasons for consideration.
b. Types of agricultural and other land USES affected.
c. Construction cost of the proposed alternatives.
d. Impacts on mineral resources.
e. Impacts on wildlife habitat.
f. Impacts on historical,archaeological and scenic resources.
g. Visual impacts created by aboveground facilities.
h. A description of any GEOLOGIC or FLOOD HAZARDS which could adversely affect the
DEVELOPMENT.
i. Advantages and disadvantages of the alternatives considered.
3. A description of the preferred alternative route or site and reasons for its selection.
4. Procedures to be employed in mitigating any adverse impacts of the proposed routes or sites.
5. An outline of the planned construction and operation schedule,to include the number of stages and timing
of each.
6. Information of any public meeting conducted,to include the location,date,time,attendance and method
of advertising.
7. A description of the hazards,if any,of fire,explosion and other dangers to the health,safety and welfare
of employees and the general PUBLIC.
8. A description of emergency procedures to be followed in case of a reported failure or accident involving
the proposed facility. Such outline shall include actions,if any,required of PUBLIC officials,including fire and
police officials,and the names and telephone numbers of appropriate company officials to notify if an accident
or failure should occur.
9. A description of the method or procedures to be employed to avoid or minimize the impacts on irrigated
agricultural land.
10. A discussion of how the proposal conforms with the guidelines of Chapter 22 of this Code and any other
applicable code provision or ordinance in effect.
11. A discussion of the proposal for maintenance of the facility so as to prevent dust,soil erosion and the
growth of NOXIOUS WEEDS.
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12. A drainage report outlining the method of preventing surface runoff from exceeding the historical flow.
13. Additional information required for TRANSMISSION LINES and oil and gas PIPELINES:
a. A discussion of the feasibility of utilizing any existing utility line corridors.
b. A list of the names and addresses of the utility companies which have existing underground utility
lines underlying the alternative routes.
14. Additional information needed for POWER PLANT site proposals:
a. Detailed information concerning water requirements, to include the quality needed for the USE,
source,storage facilities,point of diversion,treatment system and distribution system.
b. A description of the type of transportation facilities needed to service the facility.
c. An outline of the types and numbers of operating and construction equipment to be employed.
d. A discussion of the proposal for providing TEMPORARY and permanent housing to accommodate
the work force. The description shall outline the number,type and location of the BUILDING dwellings.
e. A letter from each utility company indicating its intention and ability to serve the development.
f A list of the names and addresses of all the local governments and special districts which would be
affected by the DEVELOPMENT,and a statement of the anticipated overall impact on local governments
and special district service capabilities,including: education,police protection,fire protection,water,sewer,
health services and road maintenance services.
g. A certified list of the names,addresses and the corresponding Parcel Identification Number assigned
by the County Assessor of the owners of property(the surface estate)within five hundred(500)feet of the
property subject to the application. The source of such list shall be the records of the County Assessor,or
an ownership update from a title or abstract company or attorney, derived from such records, or from the
records of the County Clerk and Recorder. If the list was assembled from the records of the County
Assessor,the applicant shall certify that such list was assembled within thirty(30)days of the application
submission date.
h. An affidavit listing the names and addresses of mineral owners and lessees of mineral owners on or
under the parcel of land being considered. The list shall be prepared from the real property records of the
County Clerk and Recorder,and shall be current as of a date no more than thirty(30)days prior to the date
the application is submitted to the Department of Planning Services.
i. A discussion of the potential air and water pollution impacts which may be created by the facility,
along with proposed pollution control measures. This discussion should include any meteorological or
climatological conditions which would cause the facility to create negative impacts on surrounding land
USES.
j. A description of any routine haul routes,identifying the roads and bridges involved and the weight
of the loads.
k. Any other information determined to be necessary by the Department of Planning Services, the
Planning Commission or its authorized representative to ensure the protection of the health, safety and
welfare of the inhabitants of the COUNTY. (Weld County Codification Ordinance 2000-1)
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Sec.23-2-380. Drawing requirements for facilities plan maps.
A. The general drawing requirements for Facilities Plan Maps for SUBSTATION SITES,oil and gas STORAGE
AREAS and POWER PLANT sites are as follows:
1. An adequate number of copies of these maps shall be submitted concurrently with the written application.
2. Maps shall be delineated in drawing ink or Mylar or other drafting media approved by the Department of
Planning Services. The dimensions of the map shall be twenty-four(24)inches by thirty-six(36)inches.
3. The maps shall be prepared and certified by a land surveyor registered in the State.
B. Vicinity Map. The proposed site shall be identified on the vicinity map. The vicinity map shall also identify
the zone districts,subdivisions,water bodies,transportation facilities and towns within a three-mile radius.
C. Site Plan. The Site Plan shall be drawn at a scale of one(1)inch equals one hundred(100)feet. This scale may
be varied upon approval of the Department of Planning Services. The Site Plan shall depict the following:
1. Include the property under application, as well as features within five hundred (500) feet of the parcel
boundaries.
2. Include a certified boundary survey of the property. Bearing and distances of all perimeter boundary lines
shall be indicated outside the boundary line.
3. Show the existing topography of the site at ten-foot contour intervals, as solid lines, and the proposed
topography of the site at ten-foot contour intervals as dashed lines.
4. Show the name and location of all streams,including normally dry streams,ponds or other bodies of water,
existing structures, roads, bridges, irrigation ditches, oil and gas wells, utility lines, LANDSCAPE features and
easements.
5. Show the size and location of proposed STRUCTURES or associated facilities such as access drive,
PARKING AREA,LANDSCAPED area and fencing.
6. Include such additional information as may be required to satisfactorily explain the general characteristics
of the proposed facility.
D. Legend. The legend shall include:
1. A certified boundary description of the property. The description shall include the total acreage of the
surveyed parcel.
2. DEVELOPMENT standards governing the location, design, construction and operation of the proposed
facility.
3. Certificates:
a. Surveyor's certificate.
b. Certificate of responsibility to be signed by the applicant.
c. Planning Commission certificate.
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4. Title,scale and north arrow.
5. Date,to show revision dates if applicable. (Weld County Codification Ordinance 2000-1)
Sec.23-2-390. Drawing requirements for utility line plan maps.
A. The general drawing requirements for Utility Line Plan Maps for electric TRANSMISSION LINES and oil and
gas PIPELINES are as follows:
1. A utility line plan map shall be submitted in two(2)stages:
a. Alternate route map set.
b. Selected route map set.
2. An adequate number of copies of the alternate route map set shall be submitted concurrently with the written
application.
3. The selected route map set shall be submitted for recording after approval of a route by the Board of County
Commissioners.
B. The alternate route map set shall:
1. Include a vicinity map which displays the location of all the alternative routes within the County in relation
to towns,major water features and major transportation features. The vicinity map shall be prepared at a suitable
scale on a sheet twenty-four(24)inches by thirty-six(36)inches in size. The vicinity map shall function as a map
index for the detailed route maps shown on the U.S.G.S.topographic quadrangle maps.
2. Include a route map showing the proposed alternate routes through the County. The routes shall be shown
on a 1:24,000 scale U.S.G.S.topographic quadrangle map. The centerline of each of the proposed alternate routes
shall be displayed on the route map. The route map shall also show the areas of irrigated and nonirrigated
agricultural land use, as well as future land use designations for the areas around the towns which have adopted
master plans. In addition,the 1:24,000 U.S.G.S.topographic base map shall be updated to accurately depict any
significant new man-made features within one(I)mile of any of the proposed routes.
3. Include such additional information as may be required by the Board of County Commissioners or its duly
authorized representative.
C. The selected route map set shall:
1. Be submitted on a sheet twenty-four(24)inches by thirty-six(36)inches in size.
2. Be drafted in drawing ink on Mylar or other drafting media approved by the Director of Planning Services.
3. Include a vicinity map at a suitable scale which displays the location of the approved route within the County
and its relationship to towns,major water features and major transportation features.
4. Include a detailed route map showing the approved route through the County. The approved route shall be
displayed on a 1:24,000 scale U.S.G.S. topographic quadrangle. The map shall display the centerline of the
approved route and all of the features depicted on the U.S.G.S.topographic quadrangle within one(1)mile on each
side of the approved route. The base map shall be updated to include any significant new man-made features within
one(1)mile on each side of the approved route.
8
D. Legend. A legend shall be included consisting of the following items:
1. Development standards governing the location,design,construction and operation of the proposed facility.
2. Certificates as contained in Section 23-2-380 D.3 above.
3. Title, scale and north arrow.
4. Such additional information as may be required by the Planning Commission to satisfactorily explain the
general requirements of the facility as approved. (Weld County Codification Ordinance 2000-1)
Sec.23-2-400. Standards.
The Planning Commission may approve an application for site selection and construction or expansion of a MAJOR
FACILITY OF A PUBLIC UTILITY only if all applicable requirements of this Division are met,and the applicant has
shown that the application is consistent with the following standards:
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.
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.
C. The design of the proposed facility mitigates negative impacts on the surrounding area to the greatest extent
feasible.
D. The site shall be maintained in such a manner so as to control soil erosion,dust and the growth of NOXIOUS
WEEDS.
E. The applicant has agreed to implement any reasonable measures deemed necessary by the Planning
Commission to ensure that the health,safety and welfare of the inhabitants of the COUNTY will be protected,and
to mitigate or minimize any potential adverse impacts from the proposed facility.
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.
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 the COUNTY and represents a balanced use of resources in the
affected area.
H. It has been determined that the nature and location or expansion of a proposed POWER PLANT 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.
I. It has been determined that the nature and location or expansion of the facility will meet Colorado
Department of Health and County air quality standards.
J. Adequate electric,gas,telephone,water,sewage and other utilities exist or can be developed to service the
site.
9
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.
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.
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. (Weld County Codification Ordinance 2000-1)
Sec.23-2-410. Changes to Special Review Permit.
Any approved Special Review Permit for MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY
shall be limited to the items shown on the Special Review Plan Map and govemed by the DEVELOPMENT
STANDARDS. Major changes from the approved Special Review Plan Map or DEVELOPMENT STANDARDS for
the Special Review Permit for MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY shall require
the approval of an amendment to the permit by the Planning Commission before such changes from the plan map or
DEVELOPMENT STANDARDS are permitted. The Department of Planning Services is responsible for determining
whether a major change exists. Any other changes shall be filed with the Department of Planning Services with the
approved Special Review Permit. (Weld County Codification Ordinance 2000-1)
MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCIES: Public Utilities or Public Agencies
operating or constructing a mine,ELECTRIC TRANSMISSION LINES,commercial radio transmission towers,
cellular and other wireless communication towers,domestic water storage facilities,POWER PLANTS,
SUBSTATIONS of electrical utilities,wastewater treatment facilities,water treatment facilities, including
extensions,expansions or enlargements thereof;STORAGE AREAS of utilities providing electricity,water,
wastewater and natural gas or other petroleum derivatives,including extension,expansions or enlargements thereof;
PIPELINES of utilities providing natural gas or other petroleum derivatives, including extensions,expansions or
enlargements thereof;road,park or other public way,ground or space,public building or structure or public utility,
whether publicly or privately owned.
ELECTRIC TRANSMISSION LINES: The system, including lines and support STRUCTURES,used to transmit
electric energy in amounts of one hundred fifteen(115)kV and above.
PIPELINE: Any PIPELINE and appurtenant facilities designed for,or capable of,transporting natural gas or other
petroleum derivatives ten(10)inches in diameter or larger which creates a hoop stress of twenty percent(20%)or
more at their specified minimum yield strength. PIPELINES regulated,licensed or permitted under federal
regulations as interstate transmission lines shall be exempt from regulation under this Chapter.
STORAGE AREA: Any facility,including appurtenant facilities,designed to store fifty million(50,000,000)cubic
feet or more of natural gas or similar petroleum derivatives,or one hundred thousand(100,000)barrels or more of
liquid petroleum derivatives.
10
NOTICE
Pursuant to the provisions of C.R.S. § 24-65.1-401, a public hearing will be held in the
Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County
Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified, to
consider the designation of the site selection and construction of those major facilities of a public
utility consisting of transmission lines, power plants, and substations of electrical utilities as a
matter of state interest, including in the term public utility, those entities which build, operate or
maintain transmission lines, power plants, and substations of electrical utilities regardless of
whether they are subject to the jurisdiction of the Colorado Public Utilities Commission. The area
to be considered for the designation would include the entire unincorporated portion of Weld
County, Colorado.
Materials regarding to the matter to be designated may be examined in the office of the
Clerk to the Board of County Commissioners, Weld County Centennial Center, 915 10th Street,
Third Floor, Greeley, Colorado.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five
days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting
party. In accordance with the Americans with Disabilities Act, if special accommodations are
required in order for you to participate in this hearing, please contact the Clerk to the Board's Office
at (970) 356-4000, Extension 4226, prior to the day of the hearing.
E-Mail messages sent to an individual Commissioner may not be included in the case file.
To ensure inclusion of your E-Mail correspondence into the case file, please send a copy
to charding@co.weld.co.us.
DOCKET NUMBER: #2001-30
DATE: May 16, 2001
TIME: 10:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: April 6, 2001
PUBLISHED: April 11, 2001, in the Tri-Town Farmer and Miner
aror-la"r5
Affidavit of Publication
STATE OF COLORADO
County of Weld SS.
I A. Winkler Riesel of said County of Weld being NOTICE
duly sworn,say that I am publisher of
Pursuant to the provelons of C.R.S.5 24-
FARMER&MINER 65.1-471.a public heanngww beheld in
that the same is a weekly newspaper ofgeneral the Chambers of the Board of County
Commissioners of Weld County,
circulation was printed and published in the town of Colorado, Weld County Centennial
Center, 915 10th Street, First Floor,
FREDERICK Greeley. Colorado, at the time
in said county and state that the notice of specified,to consider the designation
of the site selection and construction of
advertisement,of which the annexed is a true copy has
those major facilities of a public utility
been published in said weekly newspaper for consisting of transmission lines,power
plants. and substations of electrical
ONE consecutive weeks: that the notice was utilities as a matter of state interest,
published in the regular and entire issue of every Includingn the term public utility,those
number of said newspaper during the period and time entlees'TychbuBdoperateor maintain
publication of said notice and in the newspaper transmission lines, power plants, and
of
substations of electrical utilities
proper and not in a supplement thereof: that the first regardless of whether they are subject
publication of said notice was contained in the issue of tolhejunsdlctionoftheColorodo Public
said newspaper bearing the date of Utilities Commission. The area to be
considered for the designation would
APRIL 11 A.D. 2001 and the last publication include the entire unincorporated
thereof,in the issue of said newspaper,bearing date, portion of Weld County. to them
Msignatels d be examine ki
er
the 11TH day of APRIL 2001 that the said robe office
t designated may tbeo examined f
the of the Clerk to the Board of
FARMER &MINER Courtly Commissioners, Weld County
Centennial Center,91510th Street,Third
has been published continuously and uninterruptedly Floor,Greeley,Colorado,
during the period of at least fifty-two consecutive If a court reporter Is desired.
weeks next prior to the first issue thereof containing please advise the Clerk to the goad in
said notice or advertisement above referred to: and writing, of least five days prior to the
that said newspaper was at the time of each of the hearing. The cost of engaging a court
publications of said notice duly qualified for that rep°°ersh°1bebonebytherequesnng
within the meaning of an act entitled. "An party. In accordance with the
purpose MnericanswithDlsdllltiesAct.ifspeclal
Act Concerning Legal Notices, Advertisements and accommodations ore required in order
Publications and the Fees of Printers and Publishers fa you to participate in this hearing.
thereof, and to Repeal all Acts and Parts of Acts in please contact the Clerk to the Board's
Conflict with the Provisions of this Act" approved Ofceot(970)356-4700.Extension4226,
April 7, 1921, and all amendments thereof, and prior to the cloy of the hearing.
particularly as amended by an act approved, March E-Mail messages sent to on
30 1923,and an act a roved May 13,1931. individual Commissioner may not be
BP included in the case file. To an
r InInto IY.tom
o lea EMolloongpgfKo
�k 1j!� chards ecommktc utend acopyb
4 t_._.✓; �O anartlp�co.eMLLaew.
F dblisher DOCKET NUMBER:: 12001-30
DATE: May 16,200
Subscribed and sworn to before me this 11th TIME:day o 1¢g0°'°''
BOARD0FCOl1N1Ytpy MISSIONERS.
APRIL, A.D. 2001 NELDCOt1Nh;totorrADO
DATED:Add 6,2:101
PUBLISHED:Aprl I I.2001,in the rn-Town
Farmer
Notary Pub'
FT.LUPTON. CO 80621
itzt
BOARD OF COUNTY COMMISSIONERS
PHONE (970) 356-4000, Ext. 4200
FAX: (970)352-0242
P. O. BOX 756
C. GREELEY, COLORADO 80632
COLORADO
April 12, 2001
Charles T. Unseld
1313 Sherman Room 521
Denver, CO 80203
RE: Hearing Regarding 1041 Designation - May 16, 2001
Dear Mr. Unseld:
Please find enclosed a notice of hearing to consider the designation of the site selection and
construction of those major facilities of a public utility consisting of transmission lines, power
plants, and substations of electrical utilities as a matter of State interest, including in the term
public utility, those entities which build, operate or maintain transmission lines, power plants,
and substations of electrical utilities regardless of whether they are subject to the jurisdiction of
the Colorado Public Utilities Commission. The area to be considered for the designation would
include the entire unincorporated portion of Weld County, Colorado.
Please contact this office or Mr. Bruce Barker(970)336-7235 if you have questions or
comments regarding this stage of the proceedings.
Sincerely,
.WELD COUNTYBOARD OF COMMISSIONERS
evilla
M. J. Geile, Chair
MJG/eeg
• l1
BOARD OF COUNTY COMMISSIONERS
PHONE (970)356-4000, Ext.4200
' FAX: (970)352-0242
P. O. BOX 758
WIl
C. GREELEY, COLORADO 80632 ig
COLORADO
April 12, 2001
Jonathon Beyer
Tri-State Generation and Transmission, Inc.
1100 West.11th Street
P.O. Box 33695
Denver, CO 80233-0695
RE: Hearing Regarding 1041 Designation - May 16, 2001
Dear Mr. Beyer:
Please find enclosed a notice of hearing to consider the designation of the site selection and
construction of those major facilities of a public utility consisting of transmission lines, power
plants, and substations of electrical utilities as a matter of State interest, including in the term
public utility, those entities which build, operate or maintain transmission lines, power plants,
and substations of electrical utilities regardless of whether they are subject to the jurisdiction of
the Colorado Public Utilities Commission. The area to be considered for the designation would
include the entire unincorporated portion of Weld County, Colorado.
Please contact this office or Mr. Bruce Barker (970)336-7235 if you have questions or
comments regarding this stage of the proceedings.
Sincerely,
WELD COUNTY OARD OF COMMISSIONERS
M J. Geile, Chair
MJG/eeg
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