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Home My WebLink About20013259.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Arlan Marrs 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: 1041 Regulations (Matter of State Interest) PLANNER: Monica Daniels-Mika/Bruce Barker REQUEST: The site selection and construction of those major facilities of a public utility consisting of transmission lines, power plants, and substations of electrical utilities. be recommended favorably to the Board of County Commissioners with the recommendation as follows: 1. The Weld County Planning Commission's suggestion to limit the number of consultants and the dollar amount of these consultants that the applicant would be required to obtain. Motion seconded by Jack Epple. VOTE: For Passage Against Passage Cristie Nicklas Michael Miller Arlan Marrs Bryant Gimlin Jack Epple John Folsom The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I,Wendi Inloes, Recording Secretary for the Weld County Planning Commission,do hereby certify that the above and foregoing resolution,is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on July 17, 2001. Dated the 17th my 2001. Old Secretary 2001-3259 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION July 17, 2001 Page 7 6-8 weeks out scheduling hearings. Cristie Nicklas added that this is probably all they can do at this time. Mr. Bolik said his concern is the hold up of building permits that are going to hold up production. Julie Goettemoeller asked Don Carroll why a traffic study was being asked for when the access was on the original USR. Don Carroll explained that since they are proposing the asphalt plant and scale house to use this access point, several things need to be taken into consideration, such as the different haul routes and the affect on different intersections with additional traffic. • Julie Goettemoeller asked if they could at least get the building permit for the scale house released. Sheri Lockman said that they could go ahead and release the building permit only for the scale house. Per the request of the applicants the following changes were made: Development Standard #10 was requested to be changed to say at the working face instead of for the working force and Development Standard#17 to say off-street public parking. Also, Condition of Approval #2 was changed to say Prior to the Board of County Commissioners hearing, per Planning Commission. Bryant Gimlin moved that Case 2n°AmUSR-288,be forwarded to the Board of County Commissioners along with the amendments to the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. John Folsom seconded the motion. Cristie Nicklas commented to the applicants to continue to work diligently with keeping the haul routes as designated and work with the neighbors. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,yes; Arlan Marrs,yes; Jack Epple,yes; Bryant Gimlin,yes;Cristie Nicklas,yes; Fred Walker,yes. Motion carried unanimously. CASE NUMBER: 1041 Regulations (Matter of State Interest) PLANNER: Monica Daniels-Mika/Bruce Barker REQUEST: The site selection and construction of those major facilities of a public utility consisting of transmission lines,power plants,and substations of electrical utilities. Monica Daniels-Mika, Director of Planning, and Bruce Barker, County Attorney, presented the 1041 regulations. Monica explained that these changes will determine the process of looking at Major Facility of Public Utilities differently. Bruce Barker,County Attorney,explained that the 1041 is to designate the matter state interests for site selection and construction of electrical facilities. Also covered is whether they are regulated by the Public Utilities Commission, as not all are regulated, and this procedure will cover these facilities. Bruce Barker then read into the record the regulations, and the changes both Board's may see. Arlan Mars asked about the addition of the County asking for a consultant to pay for any portion of an application that requires more information, and does not feel this is fair to add onto an applicant. Bruce Baker asked if there was a limit or a cap the number of consultants or the amount, would this be acceptable. Mr. Marrs said if there is someway to justify that a consultant was needed,and the information was not provided at the time of submittal, than it may be appropriate. Cristie Nicklas agreed that there should be a cap. Mr. Barker said they will look into this and that the County would need to prove the need for a consultant. Bryant Gimlin asked about natural gas pipelines and this will be covered also. Bruce Barker said that if the pipeline cuts through the County, it would be covered as the code is written. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION July 17, 2001 Page 8 The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Jack Epple asked how much of a burden the new regulations put on the applicant, as they do not need to put more burden on the applicant. Bruce Barker said that the process is not substantially different as it is a similar process, with the exception of it now being a recommendation to the Board of County Commissioners. Arlan Marrs moved that the 1041 Regulations be forwarded to the Board of County Commissioners along with recommendation of acceptance. Jack Epple seconded the motion. Arlan Marrs commented that the need for the consultant needs to be looked at further. Cristie Nicklas agreed with the Mr. Marrs. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom, yes; Arlan Marrs, yes; Jack Epple, yes; Bryant Gimlin, yes; Michael Miller, yes; Cristie Nicklas, yes. Motion carried unanimously. CASE NUMBER: USR-1332 APPLICANT: Phillip and Bonnie Johnson PLANNER: Robert Anderson REQUEST: Site Specific Development Plan and Special Review Permit for a business permitted as a Use by Right in the Industrial Zone District (Parking of vehicles and equipment) in the Agricultural Zone District. LEGAL DESCRIPTION: Lot B of RE-1949, being part of the SE4 of Section 2, Ti N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to WCR 12;west of and adjacent to WCR 35. Robert Anderson, Department of Planning Services, presented Case USR-1332, reading the recommendation and comments into the record. The Department of Planning Services is recommending approval of this application along with the Conditions of Approval and Development Standards. John Folsom asked if it is necessary for hours of operation to be included. Mr.Anderson said this was left out and would like to add Development Standard #20 to say: The hours of operation shall be Monday through Saturday 7:00 a.m. to 7:00 p.m. John Folsom asked if there are any other approvals required for the two semi-trailers currently being used for storage. Robert Anderson said that the USR permit covers these trailers. Fred Walker asked about the limited number of six tractor/trailers, and how are these considered. Robert Anderson explained that a tractor/trailer is considered a single unit,and the applicant is now asking for this number to be ten. Char Davis, Department of Environmental Health,asked about Development Standard#3,and wasn't sure where this came from. Robert Anderson explained that this could be removed with renumbering. Ms. Davis also asked about Development Standard#11,and asked for clarification on this standard regarding septic, as it is covered in Condition#2B. Mr.Anderson said he would refer this to the applicant. Don Carroll, Public Works,asked that Condition#H1 referring to WCR 34, would like to change this to refer to WCR 35. Michael Miller asked about the number of units on site and are the existing two going to be considered a part of the total units. Robert Anderson stated that they would be considered part of the total units. 11`1. (iv; COLORADO LAND USE APPLICATION 1041 Regulations Staff Comments and Recommendation July 10, 2001 Request: Enactment of regulations for a matter of state interest for the site selection and construction of those major facilities of a public utility, consisting of transmission lines, power plants, and substation of electric utilities. Findings: On May 16,2001,the Board of County Commissioners designated a particular activity as a"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 government 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. Process: The authorizing legislation allows for a two step process. Step one is the designation of legislation which occurred by the Board of County Commissioners on May 16,2001. Step two is the enactment of regulatory findings. On May 16,2001,the Board of County Commissioners forwarded the designation to the Planning Commission for consideration on the July 17, 2001 docket. Recommendation: Currently regulations are somewhat confusing in regard to the final appeal process for major facilities of public utilities. There appears to be inconsistencies between County Charter, County Land Use Regulations and newly adopted State laws. In order to lessen this confusion, the Department of Planning Services, in conjunction with the Weld County Attorney's Office,recommends approval for a change in the administration of applications for matters of state interest for the site selection and construction of those major facilities of a public utility, consisting of transmission lines, power plants, and substation of electric utilities. These facilities shall be reviewed by the Weld County Planning Commission who will make a recommendation under 1041 regulations to the Board of County Commissioners who will make a final decision on the permit. ESTHER Gesick- Re: Draft for the 1041- Page 1 From: LEE Morrison To: MONICA Mika Date: 7/9/01 10:57AM Subject: Re: Draft for the 1041- Publication of notice not needed my suggested changes under PROCESS"'*** Step two is the enactment of regulations. On May 16, 2001, the Board of County Commissioners forwarded the designation to the Planning Commission for consideration of the regulations on the July 17, 2001 docket. under RECOMMENDATION "'*'1**Board of County Commissioners who will make the final County decision on the permit. (delete reference to appeals and statute) >>> MONICA Mika 7/9/01 8:44 AM >>> This is what I have for PC. This needs to be mailed on Tuesday. Please email back comments. Also, I am not sure we did a public notice for PC on this. Will this need to be continued?? Lee D. Morrison Assistant Weld County Attorney 915 10th St., PO Box 758 Greeley, CO 80634 (970) 356-4000 x 4395 FAX 352 0242 CC: bbarker ESTHER Gesick- 1041 Page 11 From: BRUCE Barker To: Mika, MONICA Date: 5/1/01 1:30PM Subject: 1041 I think if people want to know what is going to happen on May 16, 2001, we need to send them a copy of the notice and the Board's resolution setting the hearing. I do not want the proposed 1041 regs to be distributed, because the issue on May 16th is not to approve the regs, but to designate or not designate (pure policy issue). If we give them proposed regs they will be likely to want to wordsmith instead of deal with the greater policy issue. I will have a copy of the reso and the notice sent to you. We can also let them know that such regs would be very much like those already approved by Morgan County. Bruce. .. OL H G4Rarding - Languagefor Change to 23-2-300 Page 1 i From: BRUCE Barker To: Harding, CAROL; Mika, MONICA Date: 9/17/01 11:20AM Subject: Language for Change to 23-2-300 Need to make this change for the major facility of a public utility. Bruce. BRU E Barker- 1041, Major Facility, and Road Impact Changes to the Code Page 11 From: BRUCE Barker To: Geile, Mike; Harding, CAROL; Mika, MONICA; Morrison, LEE Date: 8/10/01 2:59PM Subject: 1041, Major Facility, and Road Impact Changes to the Code Attached are the 1041 regs and the amendment to the Major Facility section to cross-reference the 1041. I suggest these changes and the cash in-lieu of suspension language being worked on by Lee should be done at the same time. That means we will need to run the zoning and road impact fee changes by the Planning Commission on August 21st, with the first reading in front of the Board after that. Carol is working on the schedule for readings. Bruce. CC: Warden, DON r Vvl G‘ tr I V\'"\ . CAROL Harding: MaJorfac.w d Page t 4 fi 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. These regulations do not apply to those MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY which are subject to the regulations regarding Areas and Activities of State Interest set forth in Chapter 21 of this Code. 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) 5 L g 6 CAROL Harding -wsag0730.vds,wpd Pa e 1 BOARD OF COUNTY COMMISSIONERS 915 TENTH STREET, ROOM 350 GREELEY, COLORADO WORK SESSION SCHEDULE (SUBJECT TO CHANGE) WEEK OF SEPTEMBER 24, 2001 Tuesday, September 25 8:30-10:30 a.m. 1041 Regulations: Bruce Barker, Lee Morrison, Monica Mika Recorded by Clerk to the Board cc: Bruce Barker Clerk to the Board County Council File Post Xcel Energy- , Siting and Land Rights PUBLIC SERVICE COMPANY 550 15th Street,Suite 700 Denver,Colorado 80202-4256 September 25, 2001 Telephone:303.571.7799 Facsimile:303.571.7877 Ms. Monica Daniels-Mika, Planning Director Department of Planning Services Weld County 1555 North 17th Avenue Greeley, Colorado 80631 Re: Comments Regarding Weld County Ordinance 2001-6 Dear Ms. Mika and Board of County Commissioners: The purpose for this letter is to provide input regarding the proposed Weld County Ordinance 2001-6, "IN THE MATTER OF ENACTING CHAPTER 21, AREAS OF ACTIVITIES OF STATE INTEREST (§1041 REGULATION), OF WELD COUNTY CODE." Xcel Energy and Public Service Company of Colorado, it's wholly owned subsidiary (Xcel/PSCo), appreciate the opportunity to provide input regarding the proposed ordinance language. In addition to items of general concern, there are many areas that create confusion from an applicant's standpoint. I will attempt to identify some of those areas. Below are sections of the ordinance and accompanying comments for your consideration: Article II, Sec. 21-2-220. Consultants. • Paragraphs A through C include provisions for the County to retain consultants to review applications. This is a new and somewhat burdensome requirement. How does this selection process work if the Board of County Commissioners must authorize such review? Does the Board conduct a hearing to discuss this, or is it an administrative decision? Does the County prepare an RFP to determine qualified consultants for each applicable project? It would seem appropriate to select a consultant that is mutually acceptable so the applicant and the County are getting the appropriate expertise at the appropriate cost. Article II, Sec. 21-2-260. Duties of Department of Planning Services. • Paragraph B, item 4 includes requirements for posting sites for hearings. It is assumed this does not apply to linear facilities. Article II, Sec. 21-2-260 - Article II, Sec. 21-2-310. • The allowed timeframes for project review by the Planning Commission and Board of County Commissioners in these Sections can be up to 115 days. 1 of 5 This potential timeframe exceeds the 90 day review timeframe for utility projects as outlined in § 29-20-108. Article II, Sec. 21-2-310. Permit Hearing Before Board of County Commissioners. • Paragraph C includes a provision for the County to require "sufficient performance guarantees" for mitigation. How is a sufficient performance guarantee defined? Would such a guarantee be required of every applicant? Article II Sec. 21-2-330. Judicial Review. • This Section and the subsequent judicial review in District Court is not in agreement with the appeal procedure as outlined in § 29-20-108. Article II, Sec. 21-2-410. Financial Security. • Paragraph A provides the County with discretion to require applicants to file a guarantee of financial security deemed adequate by the Board of County Commissioners and payable to Weld County. What is required for this guarantee? Article II, Sec. 21-2-420. Revocation or Suspension of Permits. • The paragraphs in this section allow the County to revoke permits or temporarily suspend permits. Xcel/PSCo has substantial investment in its projects and a proven track record of compliance. It is unreasonable to make permits for utility facilities revocable. Article II, Sec. 21-2-430. Annual Review. • Paragraph A requires submittal of a report each year detailing all past activities pursuant to the permit showing compliance with all conditions and applicable regulations. Again, Xcel/PSCo has substantial investment in its projects and a proven track record of compliance. It is overly burdensome to require an annual report. It is suggested that substantial non-compliance be the only reason for filing a report. Article II, Sec. 21-2-530. Nonconforming Uses. • This section is unclear and needs clarification. Would it be possible to clarify this versus Sec. 21-2-20 Paragraph C? Article III, Sec. 21-3-100. Purpose and Intent. • Many paragraphs in this section are vague and subjective. It would make sense to include language that includes more of the concept of"balance" (similar to the manner in which FERC reviews projects to "balance" project and resource values). 2 of 5 Article Ill, Sec. 21-3-110. Definitions. • The definitions include other appurtenant facilities in the definition of Major Facilities of a Public Utility. This allows the County to judge whether appurtenant facilities (including "any buildings, structures or other property which are clearly incidental to, and customarily found in connection with major facilities of public utilities and are operated and maintained for the benefit of convenience of the occupants, employees, customers or visitors of such major facilities.") are likely to cause major impacts and need to fall under this procedure. This definition is very broad and could potentially include everything Xcel/PSCo does as a business. • Paragraph C, definition of"Mitigation" includes language in item 4 stating "Compensating for the impact by replacing or providing suitable biological and/or physical conditions; and by replacing or providing suitable public services and facilities." The last part of this should be stricken. In fact, Major Facilities of a Public Utility are "public services and facilities." Also, Major Facilities of a Public Utility generally do not require "public services and facilities." Article Ill, Sec. 21-3-130. Relationship of § 1041 Regulations to Other County, State, and Federal Requirements Affecting Major Facilities of a Public Utility. • The Colorado Public Utilities Commission (PUC) reviews Xcel/PSCo utility projects for project purpose and need. In Sec. 21-3-330, the County is requiring substantial information on project purpose and need normally within the purview and authority of the PUC. • Paragraph D discusses the public utility rights of eminent domain. It also mentions the intent, "to serve the public need in the most economical and expedient manner." Several of the burdensome requirements outlined in this ordinance appear to contradict the intent to serve the public in this manner. Article Ill, Sec. 21-3-320. Pre-Application Conference. • Paragraphs C and E seem to be in conflict with each other. Paragraph C says that the applicant cannot rely on comments or commitments made by the County administration during the pre-application meeting. Paragraph E says the Planning Department shall consider the County's application requirements for the project and notify the applicant regarding the submittal requirements. Which paragraph applies? Article Ill, Sec. 21-3-330. Application Submittal Requirements. • Paragraph B, item 2b requires the applicant to submit "planned access to the project site and the means the applicant intends to use to obtain legal right to such access, including copies of any access or right-of-way agreements entered into by the date of the application." Xcel/PSCo does not normally 3 of 5 acquire access or other rights-of-way for projects until land use permits are issued. • Paragraph B item 3diii requires the general classification and distribution of soils over the parcel under consideration be included on the Vicinity Map. Requirements such as these are generally irrelevant regarding linear utility facilities. • Paragraph B item 4c includes a requirement that "all public rights-of-way of record (including names)" be submitted on the plot plan. This effort will be very burdensome and time consuming for a linear utility facility. • Paragraph B item 4c also requires the location and identification of all existing and proposed structures on the Plot Plan. This requirement is impractical for linear facilities. Xcel/PSCo cannot complete its final engineering and locate proposed utility structures until after the land use permit and right-of-way is obtained. As noted above, this is generally done after land use permits are issued. Would an applicant also be obligated to identify the location of all existing structures on the Plot Plan for a linear facility? If so, this requirement is also unreasonable and extremely burdensome. • Paragraph C item 1c and 1d require an explanation of design capacity and the excess service capacity and the cost of the excess capacity if the capacity of a new facility exceeds a ten-year period. The language in this item is inappropriate as most transmission lines and gas pipelines and power plants are planned to operate for far more than 10 years and most have a capacity for more than 10 years. This purpose and need type information, as well as the cost of excess capacity, is more appropriately within the purview of the PUC. Are other industrial or commercial facilities questioned by the County if they have planned for over 10 years of capacity? • Paragraph C Item le discusses the long-range planning and capital improvements program relating to this proposal. These items are more appropriately within the purview of the PUC as are other items within this in this section. • Paragraph C, item 2b is requesting information that is overly burdensome to provide for linear type facilities. This item also questions whether present facilities can be upgraded to adequately accommodate a ten year projected increase in demand for services to be offered by the proposed project. Again, these types of questions and subsequent information are more appropriately within the purview of the PUC. 4 of 5 • Paragraph C, item 4b requires significant hydrologic conditions (subsurface) information including mapping all aquifers; providing tables, graphs, maps showing permeability, transmissibility, thickness, volume, depth of aquifers; describing geology of strata overlying aquifers including percolation rates, travel time to ground water surface; mapping all wells using aquifers and including diameter and flow rates. Xcel/PSCo questions the relevance of this information to an electric transmission line or other linear utility facility project. Article Ill, Sec. 21-3-340. Approval of Permit Application. • Item 9 includes a requirement that "the facility site or expansion area is not in an area with general meteorological and climatological conditions which would unreasonably interfere with or obstruct normal operations and maintenance. Xcel/PSCo questions the relevance of this requirement for approval of linear utility facilities. While it may be relevant to a power plant or other facility at a single location, an applicant would generally not propose a site that would create operations and maintenance problems. This section potentially provides a reason for anyone to oppose a project that is unfounded and irrelevant. These are many of the areas within the ordinance as currently written which cause questions or concerns to Xcel/PSCo. However, we also fully understand the County's desire to carefully review utility facilities being proposed within Weld County. It is our hope to continue the dialogue regarding this ordinance so that it can be reasonably modified to address our concerns while maintaining the excellent working relationship we currently enjoy. Please contact me or Rick Thompson of my staff with any additional questions. I can be reached at 303-571-7281 and Rick is at 303-571-7568. Thank you. Sincerely, i Nicholas B. Faes, Manager Siting and Land Rights cc: Rick Thompson, Paula Connelly, Dudley Spiller 5 of 5 s/6 6-W (� ` u`k . Iii -2(4,C IX) u) �Dj _cl t -e15 / i'-fit-tprirli 32) 441 at, ti-w14gS1W S (1/40-11- S-r s w r i o o 36-34-1 )-13M (xc.8Lifscbp ( U CO, gbinz- et// S/0 .'Mei,- /6Sv /• E /9 s4veSf 3C,3 -- ? Z6 jog Cag hi Co_) Ter /j St /c7O6 •; e4) D v-e l Co. 7 SR? )ne.ts- 1 ),/�P 777 %3 -r34/-s--340 `f -144Aist ea z-a C-kav,--s* l6Z-5 o 4' 7eR3 3/57z-C715-0 Dfra c .OZtZ C \ KC r3Ya ,Nbwe bcs ciki Ttat. aw%.pt. (l 19i) cch - 2.334 (c-trk-C < S € 1\) cLA a SPtvNbs Cad► ckWa E -C n1 , CO so 2o.> -ninte d/1 fie y r '/'/ S Ta re -da'w7� gGs3 - — // PO. 6O �e�d�i Go £'O2.33 BRUCE Barker- Re: Weld County ode Ordinance 2001-6 Page 1 l From: BRUCE Barker To: "AWEBBER@wapa.gov".GWIA.CENTDOMAIN Date: 10/19/01 8:33AM Subject: Re: Weld County Code Ordinance 2001-6 Thanks for your comments. Section 21-1-50 is a reiteration of the exemptions set forth in C.R.S. Section 24-65.1-107. I believe what you are referring to is already covered in the ordinance under Section 21-1-60 G. See the attached. Please feel free to call me if you have any questions. I may be reached at (970) 356-4000, ext. 4390. Bruce Barker. >>> "Steve Webber" <AWEBBER@wapa.gov> 10/18/01 10:53AM >>> Mr. Bruce Barker Weld County Attorney I have been asked to respond to your letter dated October 2, 2001, regarding Weld County Code Ordinance 2001-6. I apologize for this late response. As I understand the Ordinance, it will contain certain requirements which may affect Western Area Power Administration (Western) regarding the construction, operation and maintenance of electric transmission lines and facilities. Western is a federal agency under the Department of Energy. It is our position that as a federal agency, Western is not subject to state and local regulation except to the extent allowed by federal law. This principal is derived from the Supremacy Clause and Plenary Powers Clause of the U.S. Constitution. Neverthless, it is Western's practice to comply with such state and local regulation as much as possible. For the above reason, we believe Western should be listed as exempt from such regulation in Sec. 21.1-50. I would be happy to discuss this further. I also would be happy to solicit the aid of one of our attorney's to further explain the above, including case law. My phone number is 720-962-7272. Steve Webber Realty Specialist Western Area Power Administration © TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. HEADQUARTERS: P.O. BOX 33695 DENVER, COLORADO 80233-0695 (303) 452-6111 \\ �'�` October 3, 2001 Mr. Bruce T. Barker County Attorney Weld County Attorney's Office PO Box 758 Greeley, CO 80632 Re: Comments on Proposed Weld County Code Ordinance 20001-6 Dear Mr. Barker Tri-State Generation and Transmission Association Inc. (Tri-State) appreciates the opportunity to provide the following comments on proposed Weld County Code Ordinance 20001-6, In the Matter of Enacting Chapter 21, Areas and Activities of Statewide Interest (§1041 Regulations). Our comments are based on our review of the proposed ordinance as transmitted to us by your office on September 13, 2001, as well as comments offered by participants at the work session held by the Board of County Commissioners on September 25, 2001. Section 21-2-310, 21-2-330, 21-2-410, and 21-2-420 Tri-State generally agrees with and supports the comments submitted by Xcel Energy. Section 21-2-430. Annual Review The proposed annual reporting requirement seems somewhat excessive, particularly in regard to transmission line facilities. Potential environmental impacts associated with the construction and operation of a new transmission line are typically avoided or mitigated through sound route selection and construction/maintenance practices. Unless particular circumstances dictate (e.g., past history of substantial non-compliance by permit applicant), such reporting seems like an unnecessary burden on both the applicant and Weld County. It seems reasonable that the annual reporting requirement would only be required for Utility facilities if contained as a specific condition of the permit. Section 21-3-100. Purpose and Intent Tri-State concurs with Xcel Energy's comment, as expressed at the September 25 work session, that many of the items listed in this section are vague and subjective. The very nature of electric generation and transmission projects is such that it would be difficult to fully meet each of the items making up the purpose and intent, as presently written. Tri-State therefore shares Xcel Energy's point that more emphasis needs to be placed on the concept of "balancing" project and resource values. It is our understanding that Xcel Energy will be submitting alternative wording for this section that reflects such balance. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER CRAIG STATION ESCALANTE STATION NUCLA STATION P.O.BOX 1307 P.O.BOX 577 P.O.BOX 698 A Touchstone Energy'Cooperative 41> CRAIG,CO 81626-1307 PREWRT,NM 87045 NUCLA,CO 81424-0698 (970)824-4411 (50.5)8762271 (970)864-7316 Section 21-3-130 Tri-State generally agrees with Xcel Energy's comments on this section. Section 21-3-320. Pre-application Conference Tri-State agrees with Xcel Energy's position that Paragraphs C and E seem to conflict with each other. Tri-State understands that the Dept. of Planning Services (Planning Department) staff would typically not be in a position at the pre-application conference to fully understand all of the details and implications of a proposed project, and should therefore not be put in a position to offer comment or perspective on matters not germane to the purpose of the conference. However, it seems reasonable to expect that they be prepared to identify specific permitting procedures and requirements so that the applicant can proceed in the preparation of a responsive permit application. It is suggested that these two paragraphs be combined and rewritten so that it clearly sets forth what the applicant should expect to receive from the pre- application conference (or within 10 days thereafter) that can be considered as a reliable basis for preparation of the permit application. This is particularly important given the recognition that certain of the specific submittal requirements, as currently written, do not necessarily apply to all types of major facilities of a public utility considered under the proposed ordinance. Tri-State also suggests that language be included in this section that calls for the i.•_= .ws, designation of a specific member of the Planning Department to serve as the "staffs application coordinator or lead" for each application that is submitted. This action would seem to benefit both Weld County and the applicant and minimize the risk of miscommunication and/or misunderstanding as the application moves through the permitting process. Section 21-3-330. Application Submittal Requirements Tri-State has a number of concerns with this section ranging from the suitability and/or necessity of certain mapping requirements to the relevancy of particular informational requirements to proposed transmission line projects. Specific comments are as follows: Item B.3.d.i: • I inch = 600 feet is not necessarily a suitable scale for mapping a proposed transmission line project. Although provision is made for the use of an alternative scale (if approved by the Planning Department), perhaps it would be better to state: "The exact scale of the vicinity map will be determined at the time of the pre- ,. application conference, taking into consideration the type and size of the proposed project, as well as the type and complexity of information to be mapped." Item B.3.d.ii: • This item needs to be clarified as it appears to apply more to a proposed power plant or substation. Would mapping be required 1/2 mile either side of a proposed transmission line route? Item B.3.d.iii: ' • Required soils information again seems more applicable to a power plant or substation site than a transmission line. Clarification is needed. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER A Touchstone Energy-Partnern,.j7r Item B.4.a: :._... • Similar to Item B.3.d.i, 1 inch = 100 feet is not likely to be a suitable scale for mapping of a proposed transmission line project. It is recommended that the same wording suggested in our comment on Item B.3.d.i be included under this item. Items B.4.c.i and iii: • The effort to obtain this information would be quite time consuming and of questionable overall value to a transmission line project. Item B.4.c.ii: • Clarify the meaning of"all existing and proposed structures". If the intent is to map all transmission line structures, this requirement is quite burdensome and of questionable value to the permitting process. Item B.4.c.x: • Requirement again appears more relevant to a proposed power plant project. Clarification is needed. Item B.5.b.ii: • Tri-State does not believe it to be necessary to map all existing transmission lines and pipelines. We suggest that the wording be changed to read that transmission lines and pipeline, at or above a certain size, be mapped (e.g. 115 kV and10 inch diameter, which are the sizes used to define the type of facilities subject to the proposed ordinance). Item B.5: This item number appears twice in the current draft (see page 31 and page 33) The .'A- item on page 33 should be changed to Item B.6 , and all subsequent items renumbered accordingly. Overall, a number of the items included in Part B appear to apply more to power plants than transmission lines. Differentiation should be made, where needed, or a statement -C such as "as applicable" or"as deemed applicable and appropriate by the Planning Department" added at the beginning of Section 21-3-330. Item C: (page34) Tri-State generally agrees with those comments made by Xcel Energy regarding the requirements under this item We look forward to continuing to provide input to you and the County Board of Commissioners as you move toward the adoption of Weld County Code Ordinance 2001-6. If you have any questions on our comments, please feel free to contact myself at 303-452-6111. Sincerely, Jon Beyer Land Specialist III AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER A Touchstone Energy-Partner R",o* I RULE Barker "Revised Draft"Weld County Ordinance 2001-6 Page 1 : From: "Thompson, Rick" <Rick.Thompson@XCELENERGY.COM> To: "'BRUCE Barker"' <BBARKER@co.weld.co.us> Date: 10/5/01 1:35PM Subject: "Revised Draft"Weld County Ordinance 2001-6 Bruce- Attached below is my latest revised draft of the subject ordinance. I believe it still needs some work but I included comments, edits, and other revisions from a utility perspective as shown in "bold"throughout the document. I also observed the County's revisions made within this text since the meeting held on September 25th. I attempted to include only "reasonable" input, but I'm sure there are areas that require further discussing. Also, I did not deal with the formatting of the document since I'm returning your original WordPerfect document as a converted WORD document. Hopefully you can re-convert. Let me know if there are problems. Finally, I am copying a variety of potentially interested parties that may have additional comments before the Final Reading later this month. However, I thought it important to get you this input for the consideration by the Board on Monday. I plan on attending the session at 9:00am next Monday and look forward to discussions regarding this effort. Hopefully, you are getting additional input from other companies. Thanks for the opportunity to review this document. <<WeldCountyl IOrdinanceDraftwithCommentsShown 10-4-01.doc» Sincerely, Rick Thompson Team Lead Xcel Energy Service 303.571.7568 303.5717877 (fax) CC: "Faes, Nicholas" <Nicholas.Faes@XCELENERGY.COM>, "Connelly, Paula" <Paula.Connelly@XCELENERGY.COM>, "'Spiller, Dudley'" <dspiller@gorsuch.com>, "'keithl@edaw.com" <keithl@edaw.com>, "'jbeyer@tristategt.org"' <jbeyer@tristategt.org>, "mmurray@tristategt.org"' <mmurray@tristategt.org> area of state interest or to conduct more than one activity of state interest, or to engage in development in one area of state interest and to conduct one activity of state interest, a single application may be completed for all such activities or developments and may be reviewed by the Board of County Commissioners in one consolidated hearing. D. In addition to the substantive information specified in these §1041 Regulations, a complete application must designate all agents for the applicant and exhibit the applicant's or agent's signature. If the signature is by an agent, written proof of the agent's authority must also be submitted. The signature upon an application form will be assumed to indicate the applicant's concurrence with all submissions and commitments made by their designated agent, unless otherwise specified in writing in the application. E. The applicant shall submit a certified list of the names, addresses and the corresponding Parcel Identification Numbers assigned by the County Assessor of the owners of property (the surface estate)within one- thousand three-hundred twenty (1320) feet of the boundaries of the property proposed to be physically disturbed; except for transmission line or pipeline projects, for which surface property owners for five-hundred (500) feet on either side of the centerline of the proposed alignment. 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. F. The applicant shall submit an affidavit listing the names and addresses of all 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 Planning Department. 21-2-210. Application Fee. Each application shall be accompanied by the payment of an application fee which shall be set by the Board of County Commissioners from time to time by amendments to this Code. 21-2-220. Consultants. A. If the County does not have qualified staff to review certain elements of an application or referral agencies are not able to adequately advise the County regarding certain elements of an application, the Board of County Commissioners Planning Department Director may authorize the review to be performed by a consultant engaged for such purpose by the Planning Department. Whenever possible, the need for a consultant shall be established at the pre-application stage. All fees for such consultant shall be paid for by the applicant on a "cost plus fixed fee" (Clarification of cost plus fixed fee?) basis, or according to agreement with the applicant. In determining its need for engagement of a consultant, the Planning Department may consider the technical expertise which is available from the applicant, but the Planning Department reserves the right to engage any independent consultant. If the Planning Department proposes to engage a consultant, the Planning A. The Planning Commission shall hold a hearing to consider the application .. _.. . for the § 1041 Permit as described in Section 21-2-260B1. The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the request. The Planning Commission shall approve the request for the § 1041 Permit only if it finds that the applicant has met the standards or conditions set forth in the § 1041 Regulations governing the area or activity of state interest involved in the application, as set forth in the Article of this Chapter 21 applicable to each such area or activity of designation. The burden of proof shall be upon the applicant to show compliance with such standards or conditions. B. The Secretary of the Planning Commission shall forward the official recommendation of the Planning Commission and the information contained in the official record, which includes the Department of Planning Services case file, to the Clerk to the Board within tenfive (485) days after said recommendation has been made. If tho Planning Commission recommendation is conditional upon the applicant completing certain specified items prior to the publication of tho notice for the hearing by tho Board of County Commissioners, the ten day period shall commence upon submission of the items by the applicant to tho Dopartmont of Planning Services, 21-2-310. Permit Hearing Before Board of County Commissioners. A. The Board of County Commissioners shall: 1. Set a Board of County Commissioners public hearing, to take place not more than forty-five (45) days after receipt of the Planning Commission recommendation, or upon request of the applicant, for consideration of the proposed § 1041 Permit. 2. Arrange for legal notice of said hearing to be published once in a newspaper of general circulation in Weld County designated by the Board of County Commissioners for publication of notices. Such notice shall also be given to other persons and entities in the same manner as set forth for the notice of a designation hearing. At the discretion of the Board, a second notice may be published in a newspaper Which is published in the area in which the permit activity is proposed. Failure to publish the second notice shall not create a jurisdictional defect in the hearing process. The date of publication shall be at least ten (10) days prior to the hearing. 3. Give notice of the application and the public hearing date to those persons listed in the application as owners of property located within one-thousand three-hundred twenty (1320) feet of the boundaries of the property proposed to be physically disturbed, except for transmission line or pipeline projects, for which surface property owners for five-hundred (500) feet on either side of the centerline of the proposed alignment, and to interest holders (excluding mineral interests) in any real property proposed to be physically disturbed or crossed by the activity or development which is the subject of the application. Such notice 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 surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Board of County Commissioners 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. 4. Give notice of the application 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 Board of County Commissioners 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. 5. Arrange for the Department of Planning Services to post a sign on the property under consideration for a Spocial Roviow 1041 Permit according to the requirements of Section 21-2-260B.4 of this Article. B. The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon. In making a decision on the proposed request, the Board of County Commissioners shall consider the recommendation of the Planning Commission, and 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, the Board of County Commissioners shall approve the request for the § 1041 Permit only if it finds that the applicant has met the standards or conditions set forth in the § 1041 Regulations governing the area or activity of state interest involved in the application, as set forth in the Article of this Chapter 21 applicable to each such area or activity of designation. The burden of proof shall be upon the applicant to show compliance with such standards or conditions. The Board of County Commissioners shall reach a decision on a permit application within thirty (30) ten (10) days after the completion of the permit hearing, or the permit shall be deemed approved. A final application relating to the location, construction, or improvement of major electrical or natural Iti .,k Y, _ gas facilities shall receive a decision from the Weld County Board of County Commissioners within ninety (90) days after submission in compliance with C.R.S. § 29-20-108. C. Where reasonable methods or techniques are available to mitigate any negative impacts which could be generated by the proposed request upon the surrounding area, the Board of County Commissioners may condition the decision to approve the § 1041 Permit upon implementation of such methods or techniques and may require sufficient performance guarantees, unless otherwise provided for, to be posted with Weld County to guarantee such implementation, as set forth in Section 21-2- 410 of this Article. D. Upon the Board of County Commissioners making its final decision, a resolution setting forth that decision will be drafted and signed. A record of such action and a copy of the resolution will be kept in the files of the ��1 Clerk to the Board. E. If the § 1041 Permit is approved, the Board of County Commissioners shall arrange for the Department of Planning Services to record the § 1041 Permit Plan map with the County Clerk and Recorder. 21-2-320. Public Hearings of Other Land Use Matters. In cases in which the development or activity must also comply with other provisions of County zoning or subdivision regulations, the permit hearings required by these § 1041 Regulations may be held at the same time as the public hearing(s) on such other land use matter(s). 21-2-330. Judicial Review. Any action seeking judicial review of a final decision of the Board of County Commissioners shall be initiated within thirty (30) days after the decision is made, in the District Court in and for Weld County, pursuant to Rule 106 of the Colorado Rules of Civil Procedure. Should the Board of County Commissioners deny a permit by a public utility or power authority relating to the location, construction, or ! \ improvement of major electrical or natural gas facilities, or if the Board of County Commissioners 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, the public utility or power authority may appeal the action to the Public Utilities Commission for a determination per C.R.S. § 29-20-108 and C.R.S. § 40-4-102. Div. 4 Issuance, Revocation or Suspension of Permits 21-2-400. Issuance of Permits. A. The permit shall be issued on the form adopted by the Board of County Commissioners. B. The permit may be issued for an indefinite term, or for a specific period of years. 21-2-410. Financial Security. A. Before any permit is issued, the Board of County Commissioners may, in its discretion, require the applicant to file a guarantee of financial security deemed adequate by the Board and payable to Weld County. If such a financial guarantee is required, the Board shall include in its written decision findings as to the reason for the security and the basis for the amount of security required. To the extent feasible, the Board shall notify the applicant as soon as it concludes that it may require financial security for the project, which notification may include the Board's position at that time on the reason for the requirement and the amount of security under consideration, so that the applicant may speak to such matters in the public hearing on the permit. B. The purpose of the financial guarantee shall be to assure that the applicant or permittee shall faithfully perform all requirements of the permit or applicable regulations adopted by the Board of County Commissioners. C. Any requirement for a financial guarantee shall be specified in the written decision of the Board on the permit application. Such financial guarantee shall be made in conformance with the County policy on collateral for improvements. 21-2-420. Revocation or Suspension of Permits. A. In the event the Board of County Commissioners has reason to believe that the provision of any permit or the terms of any regulation for administration have been violated by the holder of the permit, the Board may temporarily suspend the permit for a period of thirty (30) days. Before imposing such a temporary suspension, the Board shall give the permit holder written notice of the specific violation and shall allow the permit holder a reasonable period of time of at (oast fifteen (16) days to correct the violations. It the permit holder does not concur that there is a violation, he shall, within fifteen (15) days of his receipt of such notice, show cause to the Board why temporary suspension should not be ordered. A hearing shall be held within said thirty (30) day period pursuant to the following subsection. B. Prior to or subsequent to a temporary suspension, the Board of County Commissioners may permanently revoke or suspend the permit after conducting a public hearing in substantially the same manner and after substantially the same notice as for permit hearings, and if it finds: 1. A violation of any provision of the permit or applicable regulation for administration of the matter of state interest concerned; or 2. The applicant has failed to take substantial steps to initiate the permitted development or activity within twenty-four (24) months from the date of the permit, or, if such steps have been taken, the applicant has failed to complete the development or activity with reasonable diligence. "Substantial steps" do not require construction activity and may include, among other things, legal or administrative proceedings and activities directly associated with the applicant's project. An extension of the time within which substantial steps to initiate the permitted development or activity need be taken may be granted by the Board of County Commissioners upon the request of the applicant and a showing of good cause therefor. C. Upon good cause shown by the permit holder, any revoked or suspended permit may be reinstated, effective immediately upon such reinstatement, within twelve (12) months after revocation or suspension. D. Where the Board of County Commissioners is considering the revocation or suspension of a permit, the Board shall consider evidence and statements in mitigation and in aggravation of the violation or failure to act prior to determining the appropriate penalty, taking into consideration the items listed in Section 2-4-50(O) of this Code. 21-2-430. AnnualPermit Review. A. In the event the Board of County Commissioners has reason to believe that the provision of any permit or the terms of any regulation for administration have been violated by the holder of the permit, the Board may also notify the permittee in writing that a report is required Within thirty(30) dayc prior to each annual anniversary dato of the granting of a pormit by tho Board of County Commissioners, the Pormittoo shall submit a report detailing all past activities conducted by the permittee pursuant to the permit including a satisfactory showing that the permittee has complied with all conditions of the permit and applicable regulations. The Permittee need not inform the Board of activities, such as operational changes, which are not the subject of a permit condition. B. The Board of County Commissioners shall review the report set forth in Section 21-2-430(IA) within thirty (30) days from the date of submittal thereof. If the Board determines, based upon its review, that the Permittee is likely to have violated the provisions of the permit or applicable regulations, it shall consider the matter at a scheduled public hearing. If the Board determines at the public hearing that the Permittee has violated the provisions of the permit or applicable regulations, the Board may suspend or revoke the permit in accordance with these § 1041 Regulations or require the submittal of periodic reports or plans of action to correct any non-compliant condition(s). C. Upon notice to the Board of County Commissioners of the fulfillment of all permit conditions, and the Board's concurrence therein, the Board may terminate any annual review requirements. D: The Board of County Commissioners may waive or modify the annual review requirements on its own initiative and discretion or upon petition of the Permittee and upon a showing of good cause therefore. Div. 5 Administration, Enforcement and Penalties 21-2-500. Enforcement and Penalties. Any person engaging in a development in a designated area of a state interest or conducting a designated activity of state interest who does not obtain a permit pursuant to these § 1041 Regulations, who does not comply with permit requirements, or who acts outside the authority of the § 1041 Permit, may be enjoined by Weld County or the Colorado Land Use Commission from engaging in such development or conducting such activity, and may be, subject to such other criminal or civil liability as may be prescribed by law. 21-2-510. Mapping Disputes. Where interpretation is needed as to the exact location of the boundary of any area designated for areas and activities of state interest and where there appears to be a conflict between a mapped boundary and actual field conditions, the Board of County Commissioners shall make the necessary determination of the boundary. Any person contesting the location of the boundary shall be given an opportunity to present a case on the subject to the Board. 21-2-520. Inspection. A. The Board of County Commissioners, or its authorized representative, is hereby empowered and directed to inspect and examine the use, occupation or development of or activity in each and every area or activity subject to these § 1041 Regulations for the purpose of determining from time to time whether or not any use, occupation, development or activity is in violation of any of the provisions of these § 1041 Regulations or of any permit issued or required pursuant to these or other applicable regulations. B. If a violation shall be found to exist, the Board of County Commissioners, or its authorized representative,shall by written order direct that such remedial action be taken forthwith as will result in full compliance with the applicable regulations, provided, however, that the issuance of such order shall in no way or manner be deemed a prerequisite to the institution of such enforcement proceedings as are set forth in these § 1041 Regulations; and provided further, that compliance with such order shall not necessarily be deemed to be a defense to any alleged violation of these § 1041 Regulations or other applicable regulations of Weld County or the State of Colorado. 21-2-530. Nonconforming Uses. The provisions of these § 1041 Regulations shall not apply to any nonconforming use*, and then only to the extent such use existed on the date the area is designated or subjected to these § 1041 Regulations. When such a nonconforming use shall be discontinued for six (6) months or more or a nonconforming structure is damaged or destroyed to the extent of at least fifty (50) percent of the appraised value, any reuse, reconstruction, or replacement of such structure shall be deemed a new use and shall be subject to the provisions of these § 1041 Regulations. Any expansion of a nonconforming use shall be fully subject to these § 1041 Regulations: but may be exempted if meeting the ' 2 conditions described in Section 21-2-20C. * For the purposes of this Section, a "nonconforming use" shall be defined as a use that does not conform to a provision or requirement of this Chapter 21, but was lawfully established prior to the time of its applicability. ARTICLE III Site Selection and Construction of Major Facilities of a Public Utility Div. 1 General and Introductory Provisions 21-3-100. Purpose and Intent. The purpose and intent of the regulations contained in this Article III are: A. To encourage planned and orderly land use development. B. To provide for the needs of agriculture, industry, business, residential communities, and recreation in future growth. C. To encourage uses of land and other natural resources which are in accordance with their original character and adaptability. D. To conserve soil, water, and agricultural resources and to protect vested water and property rights. E. To protect the beauty of the landscape. F. To promote the efficient and economic use of public resources. G. To regulate the site selection and construction of major facilities of a public utility to balance the protection, mitigation of damage to, and enhancement of environmental resources with the electrical energy needs and other development values and prevent cignificant deterioration or degradation of existing environmental quality in Weld _ County. H. To avoid or reduce direct conflicts with adopted local government, regional and state master plans. To regulate the site selection and construction of major facilities of a public utility to balance the electric energy needs and other developmental values of the proposal with the protection of preserve the health and welfare of the citizens of Weld County. 21-3-110. Definitions. In addition to the terms defined in Section 21-1-90 of this Code, the following terms specific to the designation of site selection and construction of major facilities of a public utility shall be construed to have the meanings set forth as follows: A. Appurtenant facilities: Any buildings, accessory structures or other property which are clearly incidental to, and customarily found in connection with major facilities of public utilities and are operated and maintained for the benefit or convenience of the occupants, employees, customers or visitors of such major facilities. B. Major facilities of a public utility means the following (This definition includes applies to all electrical utility facilities utilities, regardless of whether they are subject to the jurisdiction of the Colorado Public Utilities Commission, which primarily generate and/or transmit cell electrical power to entities off-site. other than themselves.but does not apply to electrical utilities designed to generate electrical power primarily for on cite consumption that sell electrical power to public utilities only when generation exceeds on cite loads.) (THE INTENT OF THIS DEFINITION IS NOT CLEAR): 1. Any transmission lines, power plants, and substations of electrical utilities. 2. Any pipelines and storage areas of utilities providing natural gas or other petroleum derivatives to power plants and substations of electrical utilities. 3. Any other appurtenant facilities of a public utility which in the opinion of the Board either by itself or in conjunction with other major facilities of a public utility are likely to cause a major impact upon the health, welfare, or safety of the citizens of Weld County, or upon the physical, social, or economic environment of Weld County or this region. C. Mitigation means: 1. Avoiding an impact by not taking a certain action or parts of an action. 2. Minimizing impacts by limiting the degree or magnitude of the action or its implementation. 3. Reducing or eliminating the impact over time by preservation and maintenance operations . 7 K 4. Compensating for the impact by replacing or providing suitable biological and/or physical conditions; and by replacing or providing suitable public services and facilities where applicable. 5. Compliance with reasonable conditions and development standards. D. Pipelines: Any pipeline and appurtenant facilities designed for, or capable of, transporting natural gas or other petroleum derivatives of ten (10) inches diameter or larger which creates a hoop stress of 20 percent or more at their specified minimum yield strength. E. Power plant: Any electrical energy generating facility with a generating capacity of fifty (50) megawatts or more, and any facilities appurtenant thereto, or any addition thereto increasing the existing design capacity of the facility by fifty (50) megawatts or more. F. Public utilities: As used in these § 1041 Regulations means the term as defined by C.R.S. § 40-1-103. G. Site selection: The process for determining the location of major facilities of a public utility or the expansion of existing major facilities of a public utility. H. Storage area: Any facility, including appurtenant facilities, designed to store 50 million cubic feet or more of natural gas or 35,000 barrels or more of petroleum derivatives, or any expansion of any existing storage facilities to accommodate an additional 50 million cubic feet or more of natural gas or 35,000 barrels or more of petroleum derivatives. Substation: Any facility designed to provide switching, voltage transformation, or voltage control required for the transmission of electricity at 115 kV or greater. J. Transmission lines: Those electrical lines and appurtenant facilities which meet all of the following criteria: 1. Either a series of three or more structures and appurtenant facilities erected above ground which support one or more conductors or a power line placed underground. 2. Which lines emanate from a power plant or a substation/transition site and terminate at a substation/transition site. 3. Which are designed to transmit electrical voltages of 115kV or greater. 21-3-120. Applicability. These § 1041 Regulations shall apply to site selection of major facilities of any public utility to be located wholly or partially within the unincorporated territory of Weld County, Colorado. 21-3-130. Relationship of§ 1041 Regulations to Other County, State, and Federal Requirements Affecting Major Facilities of a Public Utility. A. Nothing in these § 1041 Regulations shall be construed as exempting an applicant for a permit from any other requirements of this County or other B. Topics of discussion shall include, but not be limited to: 1. Characteristics of the activity, including its location or potential locations, significant natural and man-made features with particular attention to natural hazard, resource, or other special areas; the size and accessibility of the site; surrounding development and land uses; and its potential impact on surrounding areas, including potential environmental effects and planned mitigation strategies. 2. The nature of the development proposed, including land use types and their densities; placement of proposed buildings and maintenance of common open space or treatment of public use areas; the preservation of natural features; proposed parking areas and internal circulation system, including trails, the total ground coverage of paved areas and structures, and types of water and sewage treatment systems proposed. 3. Community policy considerations including the review process and likely conformity of the proposed development with the policies and requirements of these § 1041 Regulations. 4. Applicable regulations, review procedures and submission requirements. 5. Other regulatory reviews or procedures to which the applicant is subject, the applicant's time frame for the project, whether the applicant requests waiver of the preliminary application, and other concerns of the applicant. C. Any comments or commitments made by any member of the County administration as to the merits of the substance of the application during this pre-application conference are only preliminary in nature and should not be relied upon by the applicant. All prospective applicants should be informed that formal comments cannot be made by staff until after the application is submitted and adjacent or nearby property owners and referral agencies have had an opportunity to respond, if applicable. D. County staff will make available to applicant any public information concerning the application which is in the County's possession. E. The Planning Department shall consider the County's application requirements for the project, and shall notify the applicant either at the pre-application conference or within ten (10) days thereafter in writing of such requirements, including, but not limited to, the extent of interest holders to receive notification of the project under Section 21-2-250 of this Code and other applicable sections, the extent of the project area to be considered, the submittal requirements that may be waived by Weld County, and any particular submittal requirements in addition to those specified in these § 1041 Regulations. 21-3-330. Application Submittal Requirements. A. These application submittal requirements shall apply to all applications for a development permit for a major facility of a public utility, except for requirements which have been waived as provided in these § 1041 Regulations. /V B. Submittal requirements for all applications for a development permit for a major facility of a public utility, where applicable: 1. The following are general requirements for any map or plan required hereunder. Minimum requirements include: a. The name of the proposed development or use and total number of acres under consideration. b. Because all maps and plans may be used for public presentation, the map scale and size should be large enough for effective presentation and should accurately illustrate the application. c. Name, address, and telephone number of the applicant, designer, engineer, surveyor, and any other consultants of the applicant. d. Date of preparation, revision box, written scale, graphic scale, and north arrow for each map. 2. The applicant must provide the following information concerning title of the project site, which shall be the entire proposed alignment or corridor under consideration at the time of the application for transmission line and pipeline projects: a. The names and addresses of all surface property owners of the project site and within 1320 feet of the boundaries of the property proposed to be physically disturbed, except for electric transmission line or pipeline projects, for which the names and addresses of all surface property owners for 500 feet on either side of the centerline of the proposed alignment shall be provided. b. The planned access to the project site and the means the applicant intends to use to obtain a legal right to utilize such access, including copies of any access or right-of- way agreements entered into by the date of the application for such access. It is understood that linear electric transmission lines and pipelines generally do not have access o_ r easement agreements in place until a final route is'approved. The County also recognizes that public utilities can obtain access and right-of-way easements through eminent domain proceedings, if necessary. c. The names and addresses of persons or entities with an interest in any real property proposed to be physically disturbed or crossed by the activity or development which is the subject of the application, excluding mineral interests but including those holding mortgages, judgments, liens, easements, contract rights, rights of way, reservations, exceptions, or other encumbrances, at least to the extent shown in the records of the Clerk and Recorder of Weld County or of which applicant has actual knowledge. d. The names and addresses of mineral interest holders with an interest in any real property proposed to be physically I disturbed or crossed by the activity or development which is the subject of the application in the case of projects to be constructed more than ten feet below the surface, excluding foundation structures for above-ground transmission lines, at least to the extent shown in the records of the Clerk and Recorder and Assessor of Weld County. In addition, the applicant shall provide a certificate stating the process by which the applicant compiled such information, when such information was compiled, and the steps which were taken to ensure the accuracy of the information. The County will require that the information be compiled and verified in a manner reasonably designed to ensure the accuracy of such information, but shall not require the use of title insurance or attorney's title opinions. The County will require that the last search for such information have been updated no later than ten (10) days before the date that the application is submitted, and that such information be updated again no later than ten days before the public hearing on the application. 3. § 1041 Permit Map: a. The map shall be delineated on reproducible material approved by the Department of Planning Services. b. The dimensions of the map shall be thirty-six (36) inches wide by twenty-four (24) inches high. c. The map shall include certificates for the property owners d signature (except for public utility linear electric transmission or pipeline projects), the Planning Commission, the Board of County Commissioners and the Clerk to the Board. The required content of the certificates is available from the Planning Department. d. Vicinity Map. A vicinity map shall be drawn on the Use by Special Review Permit Plan Map. The scale of the vicinity map shall be.ono (1) inch oqualc cix hundrod (600) foot or at another a stitable scale if to effectively illustrate the area within a one-half mile radius of the property proposed for the§ 1041 Permitapprovod by the Planning Dopartment. The vicinity map shall delineate all of the required information within a ono half('h) mile radius of the property propocod for tho Uce by Special Review, Hi. The following information shall be shown on the vicinity map: • Section, township and range. • Scale and north arrow. • Outline of the perimeter of the parcel proposed for the site.; or for linear facilities, the proposed centerline and the width of any corridor to be consideredfor the § t041 Permit. • The general classifications and distribution of soils over the parcel under consideration. Soil classification names and agricultural capability classifications must be noted in the legend. It is understood that these requirements are generally not applicable to linear facilities. • Locations and names of all key roads, irrigation ditches and water features. • Location of all residences within a one-half- mile radius, existing and proposed - ` accesses to the property proposed for the • facility (excepting linear facilities', any abutting subdivision outlines and names, and the boundaries of any adjacent municipality. • Any other relevant information within a one- half-mile distance of the perimeter property proposed for the facility as may be reasonably required by the County to meet the intent and purpose of this Chapter 21. 4. Plot Plan. A plot plan of the facility area shall be drawn on the § 1041 Permit Map (not applicable to linear facilities). a. The scale of the plot plan shall be one inch (1") equals one hundred feet (100') or at another suitable scale if approved by the Planning Department. b. The plot plan shall outline the boundaries of the parcel being considered for the facility. c. The plot plan shall include the location and identification of all of the following items which are presently existing within a-two-hundred foot (200') radius of the boundaries of the § 1041 Permit area as well as within the area itself; it shall also include the proposed features and structures of the facility: All public rights-of-way of record (including names but not applicable to linear facilities). H. All existing and proposed structures. Hi. All utility easements or rights-of-way for telephone, gas, electric, water and sewer lines (not applicable to linear facilities). c�� iv. Irrigation ditches. v. Adjacent property lines and respective owners' names (may be shown on vicinity map instead). vi. All hydrographic features including streams, rivers, ponds and reservoirs (including names). vii. Topography at two-foot contour intervals or at intervals as determined necessary by the Planning Department. Linear facilities shall include appropriate topographic data derived from USGS maps or an equivalent database. viii. Location of areas of moderate or severe soil limitations as defined by the Natural Resources Conservation Service or by a soil survey and study prepared by a soils engineer or scientist for the uses and associated structures proposed for the parcel. ix. Location and design of storm water management devices or structures (not-applicable to linear facilities). x. Complete traffic circulation and parking plan showing locations and sizes (except for linear f, facilities). xi. Location, amount, size and type of any proposed landscaping, fencing, walls, berms or other screening. Linear facilities shall provide information regarding revegetation and reclamation. xii. Location of any flood hazard, geologic hazard or mineral resource areas. xiii. Such additional information as may be reasonably required by the Planning Department, the Planning Commission or the Board of County Commissioners in order to determine that the application meets the requirements of this Chapter 21 and the policies of Chapter 22 of this Code and any other applicable Code provision or ordinance in effect. 5. The following items and information: a. Description of the present use and zoning. b. A sketch or map showing the following: If a power plant is proposed, the area within Oftyten (610) miles from the site. ii. If new For transmission lines or pipelines-are �'' `~ propacod, provide map showing all existing transmission lines andor pipelines for a distance of two miles beyond any reasonable alternative studied. /! Cr For upgrades of existing transmission linos or gas pipelines, provide a sketch showing all oxisting transmission linos and pipelines within one mile on either side of the proposed alignment. d. For all other major facilities of a public utility, provide a sketch showing the area within tenfive (485) miles of the site if another major facility is proposed. e. Type of facility - specify where applicable: Approximate floor cpace of office building, ii. The voltages and lengths of transmission lines. iii. Power source and generating capacity. lily. The functions and sizes of substations. iv. The diameters and lengths of pipelines for ., \ pipeline projects. vi. The capacities of the storage tanks and types of petroleum derivative to be stored. vii. Corridor locations. viii. Service area. ►*viii. Resource area (e.g., source of power being generated or transmitted, source of petroleum derivative being transported). xi Describe applicable support facilities (e.g., pollution control, parking areas, landscaping, etc.) to be provided. f. Projected development schedule: Estimate maximum number of employees, number of shifts and employees per shift during the construction, operation, and maintenance phases of the project. ii. Specify any future phases or extensions of the facility and relationship of the facility (if currently foreseen) to larger programs and plans. Hi. Specify timetable for planning (e.g., Federal permits, other State permits, local zoning, etc.). iv. Estimate beginning and completion of construction and beginning of operation of facility. �� s v Describe support facilities (e.g., pollution control, parking areas, landscaping, otc.) to bo provided. v+ Describe any feasible "non structural" alternatives to moot tho objectives of the proposed cite selection and construction. g. Hazards and emergency procedures: Describe hazards, if any, of fire, explosion and other dangers to the health, safety and welfare of employees and the general public. ii. Describe hazards, if any, of environmental damage and contamination due to materials used at or activities taking place at the proposed facility. Describe emergency procedures to be used in the event of fire, explosion-or other event which may endanger the public health, safety and welfare. iv. Describe any prevalent natural hazards that will affect or be affected by development, and describe mitigating measures to be taken to reduce danger due to such natural hazards. h. Name, address and telephone number of the applicants. i. Name and address of the fee owners of the property proposed for the § 1041 Permit, if different from above. j. Legal description of the property under consideration. k. Total acreage of the parcel, right-of-way. or corridor under consideration. Existing land use of the parcel , right-of-way, or corridor under consideration. _e_,. m. Existing land uses of all properties adjacent to said parcel, right-oftway..or corridor. n. Present zone and overlay zones, if appropriate. o. Signatures of the applicant and fee owners or their authorized legal agent. .r+ .. 65. Summarization of major natural and socioeconomic environmental constraints as they affect the site selection and construction of the facility as proposed. 76. Summarization of the effects of the proposed site selection and construction upon -the natural and socioeconomic environment of the impact area, as applicable to submission requirements. Included should be an analysis of impacts upon agricultural productivity and agricultural resources and upon vested water rights. I , 8Z. Analysis of the long-term effects of the proposed site selection and construction upon the physical and socioeconomic development of the impact area. 98. A description of a program to minimize and mitigate adverse impacts and to -maximize the positive impacts of the proposed site selection and construction. 108. Analysis of non-structural alternatives to the project such as conservation of energy use, no development, or management (different scheduling, conservation programs, facility design, land trades etc.), if applicable. 1140, Analysis of reasonable structural alternatives to the project such as alternate locations and routes, alternative types of facilities, use of existing rights-of-way, joint use of rights-of-way with other utilities, and upgrading of existing facilities. 1244. Analysis of air and water pollution impacts and control alternatives, if applicable. 1344. Analysis of design alternatives concerning access, landscaping, architectural controls and so forth if applicable. 1443. Submission of a proposed form of development agreement to meet costs of affected political subdivisions in the project area of providing new or upgraded services and facilities necessary to serve the proposed project, if applicable. 1544. Analysis of hydrologic, atmospheric, geologic, pedologic, biotic, visual, and noise impacts, if applicable. 164-5. Surface and subsurface drainage analysis, if applicable. 1744. Any other information required by the Board or the Planning Department and communicated to the applicant at the pre- application conference. This limitation shall not preclude the Board from requesting the applicant to provide additional information during the public hearing on the application, in order to provide which the applicant shall be granted reasonable continuances it the applicant so requests. C. Specific submittal requirements. These additional requirements shall be imposed on the applicant by the Planning Department, in such Department's sole discretion, it the Planning Department determines that the need for the additional information is warranted by the size and scope of the proposed project in order for the Board of County Commissioners to make an informed decision on the application. It is the intention of these Regulations that the following information shall be required only itf the proposed project is of such size and scope that additional data collection and/or mapping of the following resources should be completed in order that an informed decision can be made that considers the resources and balances potential impacts against the proposal and mitigation measures to minimize overall impacts it is reasonably likely to have significant environmental or social impacts on Weld County residents or lands. • 1. Detailed description of the need for the proposed development or activity, including but not limited to: a. The present population of the area to be served and the total population to be served when the project is operating at full capacity. b. The predominant type of users or communities to be served by the proposal. c. The percentage of the design capacity at which the current system is now operating. If the proposal is for conctruction of a now facility and the capacity of that facility exceeds a ton (10)year projected increase in demand, a detailed explanation of the excess service capacity and tho cost of the excecs capacity. a.e: The relationship of the proposal to the applicant's long- range planning and capital improvements programs. ef. A description of why public convenience and necessity require a facility of the size and nature proposed. fg. A description of the user needs and user patterns to be fulfilled by the proposed project. g#. A description of the relationship of the project to other existing and planned utility facilities of a similar nature, other communication or energy generation and transmission facilities, local government capital improvement programs, and special district expansion programs. 2. Environmental impact analysis. a. Land use: Describe the relationship of the project to local land use, policies and comprehensive plans and to policies and plans adopted or under preparation by federal, state, regional or other affected local governmental agencies. ii. Detail the agricultural productivity capability of the land affected by the proposal (SCS classification). iii. Specify how the proposed development will utilize existing easements or rights—of—way for any associated distribution or collector networks. b. Information regarding other utility facilities. A map showing each existing major facility of a public utility within the County of the type proposed for development. i} The docign capacity of each such facility, the excess capacity of oach such facility, and the porcontago of capacity at which oach such facilityr oppratec, projected'Increases In doniand for corvicoc to be offload bytho propocod project. c. Water resources: On the map of the base area, or another appropriate map, indicate any flood plain associated with the proposal. Documentation of the historical flooding activity should be included. Detail potential, adverse impacts related to the associated floodplain. ii. Describe the potential adverse effects of the proposal upon plant and animal life dependent upon the water resources in question. Describe proposed sewage treatment facilities and non-point source controls, if applicable. iv. Describe pollutant loads (point and non-point sources), if applicable,expected directly from the development. Specify seasonal variations. v. Describe the proposed water system applicable)',:including: • Source of supply, volume and rate of flow at full development. • Water rights owned or utilized. • Proposed points of diversion and changes of points of diversion. • Volume of stream flow to remain unused between points of diversion. • Dependability of supply (physical and legal). • Effects on downstream users. /Y\ ) ' d. Air quality (applicable to power plant proposals). Detail how many average daily trips will be generated by the proposal. ii. Describe atmospheric and meteorological conditions in the impact area, and the background ambient air quality (TSP, S02, HC, CO, NOX, 03, err). Hi. Describe anv regulated pollutant outputs a anticipated from the development and mitigation strategies, including any required control devices. e. Significant environmentally sensitive factors: Identify and locate on a map of appropriate scale the juxtaposition of any of the following features present in the proposed development or activity and its vicinity, and detail the potential impact of the proposal upon each feature: • Marshlands and wetlands. n z_ • Ground water recharge areas (if applicable). • Potential natural hazards. • Forests and woodlands. • Critical wildlife habitat. • Public outdoor recreation areas. • Unique areas of geologic, historic or archeological importance. f. Visual aesthetics and nuisance factors: Identify any cignificant deterioration of exacting natural aocthot t, creation of visual'blight 7v r �. keylocatioos inr farms tNe prefect can be viewed from, proxiniityto residences, and simulate the appearance of the premed facility, identify any noise pollution or obnoxious odors which may stem from the proposal. ii. Where significant, map or describe area within view of project. Hi. Describe proposed mitigation strategy. g. Transportation impacts: Describe what impacts the proposal will have upon transportation patterns in the area intended to be served or affected by the proposal. H. Describe the potential impact on roads within the County. Hi. Identify improvements required to any roads within the County in order to serve the project adequately. h. Less damaging alternatives: If the Planning Department determines that the nature or extent of the proposal involves the Co' ./ ) potential for significant environmental damage or warrants examination of specific, less environmentally damaging alternatives, the Planning D ppartment may request that the Board require tha the applicant evaluate and present information on such alternatives as part of the application. ii. Required information on alternatives may include, but shall not necessarily be limited to, information on the environmental impacts and cost- effectiveness of the alternatives in relationship to the proposal presented. 3. Community impact analysis. a. Public support facilities and impacts: Describe community or public support facilities needed for the project, including but not limited to police and tire protection, public road maintenance, and educational and health services, and identify needs for improvement or construction of new facilities or programs required for the success of the project. ii. Describe how these needs are proposed to be accomplished or financed. b. Impact on public finances: Describe capital investment in facility from public sources. ii. Estimate anticipated revenues to local, state and federal governments, and special districts. 4. Applicants seeking a permit for the site selection and construction of pipelines or storage areas shall submit the following additional documents and information: a. Description of hydrologic conditions --surface (impact area). Provide map of all surface water. H. Describe expected monthly streamflows for typical year, wet year, dry year (include 7 day - 10 year low-flows where sufficient data exists). Hi. Describe physical stream features (gradient, velocity, depth, etc.). iv. Provide data on chemical and biological quality, including BOD, dissolved 02, free C02, PH, TOS, ph-th -alkalinity, MO alkalinity, NH3, heavy metals and other toxic or deleterious substances, as appropriate?. b. Description of hydrologic conditions - subsurface (impact area) -This section Is applicable to power plant facilities that propose to utilize wells for water supply. Map all aquifers that may be affected by project. ii. Provide tables, graphs, map showing permeability, transmissibility, thickness, volume, depth of aquifers. Hi. Describe geology of strata overlying aquifers including percolation rates, travel time to ground water surface. iv. Map of all -wells using aquifers including diameter, flow rates. v. Applicants seeking a permit for the site selection and construction of a power plant shall submit, in addition to those requirements set forth above, a map locating and describing resource areas to be utilized as sources of energy. 5. Applicants seeking a permit for the site selection and construction of transmission lines or substations shall submit the following additional documents and information: a. Computer modeled electromagnetic field measurements within the proposed transmission line easement for that portion of overhead transmission line between substations or transition sites; and b. Measures taken to comply with the concept of prudent avoidance with respect to planning, siting, construction and operation of transmission lines, which may be those steps taken to comply with the Colorado Public Utilities Commission's Rule 18(1), or similar authority, for projects where other similar authority is applicable. D. Waiver of submittal requirements. Specific submittal requirements may be waived by the Planning Department, as provided in these § 1041 Regulations. 21-3-340. Approval of Permit Application. A. The Board of County Commissioners shall approve an application for permit for site selection and construction of a major facility of a public utility (with reasonable conditions, if any, in the discretion of the Board of County Commissioners) only if tho propocod cite eoloction and construction complioc with tho following criteria, to the extent applicable based on its consideration of the manner in which the 4, -4 protect balances the protection, mitigation of, damage to and ' r " I enhancement of environemental resources with the energy needs and other development values of the proiect: (The Board may rely upon the findings and approvals of other governmental entities having jurisdiction over those criteria listed below with respect to their environmental and social determinations or regulatory compliance.) 1. Adequately protecting and servinq-jthe health, welfare and safety of the citizens of Weld County will bo protected and corved. n,;l - 2. Adequately protecting tThe natural and socio-economic environment of Weld County will bo protected and enhanced. 3. Insuring that aAll reasonable alternatives to the proposed action, including use of existing rights-of-way and joint use of rights-of- way wherever uses are compatible, have been adequately assessed and the proposed action is compatible roprocontswith L`— the best interests of the people of Weld County and represents a fair and reasonable tho best utilization of resources in the impact area. 4. Insuring that Aa satisfactory program to mitigate and minimize adverse impacts has been presented. 5. Insuring that tThe nature and location or expansion of the facility complies with all applicable provisions of the master plan of this County, and otherwhile considering applicable regional, metropolitan, state, and national plans. Tho nature and location or expansion of tho facility tho facility, (NOT IN PURVIEW), 6.T. Insuring that the nature and location or expansion of the facility does not unduly or unreasonably impact existing community services. ' 7.8. Insuring that the nature and location or expansion of the facility will not create an unreasonable expansion of the demand for government services beyond the reasonable capacity of the community or region to provide such services, as determined by the Board of County Commissioners. 88. The facility site or expansion area is not in an area with general meteorological and climatological conditions which would unreasonably interfere with or obstruct normal operations and maintenance. 948. Insuring that Tthe nature and location of the facility or expansion will not adversely affect the water rights of any upstream, downstream, or agricultural users, adjacent communities or other water users. 1044. Insuring that aAdequate water supplies are available for facility needs. 1143. Insuring that the nature and location of the facility or expansion will not unduly interfere with any existing easements,for or rights-of-ways, for other utilities, canals, mineral claims, or roads. ,a 1243. Insuring that aAdequate electric, gas, telephone, water, sewage, (22±;) ALA and other utilities exist or shall be developed to service the site,1 applicable. 1344. Insuring that lthe nature and location for expansion of the facility will not unduly interfere with any significant wildlife habitat or adversely affect any endangered wildlife species, unique natural resource, or historic landmark within the impact area. 1445. Insuring that tThe nature and location or expansion of the facility, including expected growth and development related to the operation and provision of service, will not significantly deteriorate water or air quality in the impact area. 1546. Insuring that the geological and topographic features of the site are adequate for all construction, clearing, grading, drainage, vegetation, and other needs of the facility construction or expansion. 1647. Insuring that the existing water quality of affected state waters will not be degraded below state and federal standards or established baseline levels. 7 1748. Insuring that tThe proposed project will not have a significantly adverse net effect on the capacities or functioning of streams, lakes and reservoirs in the impact area, nor on the permeability, volume, recharge capability, and depth of aquifers in the impact area. 1848. Insuring that tThe benefits of the proposed developments outweigh the losses of any natural resources or reduction of productivity of agricultural lands as a result of the proposed development. 1920. Insuring that tThe applicant has obtained or will obtain all property rights, permits, and approvals necessary for the proposed project, including surface, mineral, and water rights and easements for drainage, disposal, utilities, access, etc.. _If the applicant has not obtained all necessary property rights, permits and approvals, the Board may, at its discretion, grant the permit conditioned upon completion of the acquisition of such rights prior to issuance of a zoning or building permit by the County. /( 2024. If a power plant, the proposed project will not present an unreasonable risk of exposure to or release of toxic or hazardous substances within the impact area. The determination of effects of the project shall include the following considerations: a. The means by which outdoor storage facilities for fuel, raw materials, equipment and related items are adequately enclosed by a fence or wall. b. The likelihood of hazardous materials or wastes being moved off the site by natural causes or forces. c. Containment of inflammable or explosive liquids, solids or gases. 2122 . Insuring that tThe scope and nature of the proposed project will not unneccesarily croato duplicate existing services within the County. 2223. If the purpose and need for the proposed project are to meet the needs of an increasing population within the County or region, r _ 1 insure that area and community development plans and population trends demonstrate clearly a need for such development. B. The Board may impose mitigation requirements and conditions on an applicant, as follows: 1. The Board shall make written findings that each such requirement and condition is necessary to ensure that the proposed project will not result in significant adverse net effect on the resources, values and conditions referenced above. 2. The Board shall also find in writing that each such requirement and condition is necessitated by the proposed project. 3. All such findings shall be based on material in the administrative record. 4. The Board shall base the additional requirements and conditions on applicable design standards as adopted by Weld County, to the extent that such standards then exist. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and sub-sections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and sub-sections in said Code. BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 2001-6 was, on motion duly made and seconded, adopted by the following vote on the 22nd day of October, A. D., 2001. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: M. J. Geile, Chair Weld County Clerk to the Board Hello