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Home My WebLink About20020324.tiff CORRESPONDENCE RESPONSE I DEPARTMENT OF ^;,L,.L 111 CG v* * * PLEASE RESPOND WITHIN THREE DAYS.* * * IF RESPONSE WILL BE DELAYED, PLEASE NOTIFY "CTB GROUP" BY E-MAIL OF EXPECTED DATE FOR RESPONSE. RECOMMENDED ACTION: Narrative: METHOD OF RESPONSE: - Board Action Work Session Letter (Attached) - Telephone Call - No Response (explain) epart nt Head Signature `—"� M\CAROL\OPMAN\RDCOMP2 edn,31,/)/L:// ap i& 2002-0324 4 OFFICE OF THE COUNTY COMMISSIONERS 915 STREET P.0.0. BOX 758 758 GREELEY, COLORADO 80632 h(07i ID WEBSITE: www.co.weld.co.us PHONE: (970) 356-4000, EXT. 4200 FAX: (970) 352-0242 COLORADO February 4, 2002 Mr. Larry A. Johnson 1179 Weld Road 21, Suite 100 Brighton, CO 80603 Re: Xcel Natural Gas Control Facility/Yosemite Plant Dear Mr. Johnson: This letter is in response to your letters of January 9 and 28, 2002,regarding the expansion of the Xcel Natural Gas Control Facility/Yosemite Plant, located at Weld County Roads 4 and 19. Your letters express concern over noise to be generated at the facility. The Weld County Planning Commission approved the expansion by resolution dated December 18, 2001. A copy of the Planning Commission resolution is enclosed. Development Standards 6, 10 and 11 address control of noise. Condition of Approval 3.C. requires the company,prior to recording the plat, to " . . . submit a written plan for review and approval to the Department of Public Health and Environment that describes how noise, vibration and odor will be minimized or mitigated at the new expansion area. The applicant shall further submit to the Department of Public Health and Environment, for review and approval, an ongoing noise and odor monitoring program to be conducted by an independent party at the expense of the applicant." Mr. Trevor Jiricek at the Weld County Department of Public Health and Environment reports that as of this date,Xcel has submitted neither the written plan,nor the description of its proposed "ongoing noise and odor monitoring program" as required by Condition 3.C. Please be advised,however, that the timing of such submittal is at Xcel's discretion. The company cannot seek the recording of its plat and apply for building permits for the expansion until the submittal has occurred. If you should have any questions or comments regarding this letter,please call Ms. Cindi Etcheverry of the Weld County Department of Public Health and Environment at(970) 304-6410, ext. 2701. cerely, Robert Masden Weld County Commissioner Enc. pc: Cindi Etcheverry Trevor Jiricek Bruce T. Barker 01/09/2002 18:09 303-637-0045 KITCHEN TECH PAGE 01 Citizens for Southwest Weld Responsible Growth _ 24 hour,.a,sna.,iotn a: 303-654-1392 Directors: Larry Johnson-Gene Aiken-Kirk Dennis-Michael Ware 1179 weld Road 21.Suite 100,Brighton,CO 80603 ,, 1: ., 303654.9911 "The Basic - Fundamental reason Government exists, is to serve and protect it's citizens!" Prairies Qartei seas Svtembe 2001 Wednesday January 9,2002 To: Commissioner Rob Maiden From: Larry Johnson Re: Xcel plant expansion ®WCR 4 & 19. Dear Rob, We the citizens of South Weld,adamantly opposed and do oppose this land use change and the negative impact it will have on our health,community,life and financial conditions. While the Planning Commission has approved this facility,we the South Weld Citizens for Responsible Growth have are committed and dedicating our lives and financial support to stop this facility from becoming reality. In that....we as voting citizens and tax payers of Weld County and it's elected officials, petition you to hear and respond to our position,to do whatever required to direct that all facets of this project is reviewed by QUALIFIED AND KNOWLEDGEABLE experts of industrial plants and facilities and the impact and influence. Paradigms do not exist for this facility. These are new circumstances,new territory and not covered by any prior action. It is incumbent upon you and Weld County Officials to completely investigate,explore and refer to"expert council"of those which do possess the level of expertise needed in this situation. a) We do not believe that the County Government and agencies,internally possess the level of expertise needed in making landmark decisions on behalf of it's citizens and land owners,in regards to experimental and UN-proven technology. (retain outside expertise to provide this level of technical guidance.) b) The Weld County Comprehensive Plan was not written nor was designed/intended to have the insight or be the guide of"industrial" development use of farm lands. Any use other than farming activities and residential standards,must be set-aside under special use and consideration, and only by those technically qualified specifically for that proposed. 01/09/2002 18:09 303-637-0045 KITCHEN TECH PACE 02 Citizens for Southwest Weld Responsible Growth 24 boar tnlormm ehererne: 3034544392 Directors. Larry Johnson-Gene Aikens-Kirk Dennis-Michael Ware 1179 Weld Road 21,Suite 100,Brighton,CO 80603 303-654-9911 c) Xcel in their testimony and rebuttal to the Public's concerns,were misleading-ambiguous - issue side-stepping and non-responsive to the questions asked of them by the Public and the Planning Commission. Clearly"Cavalier"and derailing in their actions. d) Xcel at their own admission,stated that"they have no similar operation anywhere, nor are they aware of one nationwide." With that...and the situations that have occurred at the present Yosemite Plant,dearlytttliellume l■nts are at_ir.trs=perimental nd there exist no track record as to the affects on_the Health and welfare of the citizens of Weld. (see Xcel v.Mark& Erica Van Wyk,No.99SC783.) (see Xcel v.LaPlata County 1999) e) Noise and percussion issues have been derailed by less than total truth in improper decibel reading factors,(weighted vs unweighted)and Xcd's statements of not being able to contain noises with proper building designs and materials are erroneous and insulting at best. f) The Planning Commission requested of Xcel pertinent and applicable information regarding building methods,and what measures will be taken to insure Safety and Health. Xcel in their December 20,2001 testimony....rlearly stated: "they did not have to nor were going to respond to these requests".... and did not,yet the Planning Commission approved their application in direct violation and disrespect of the Commission and county citizens. As voting-taxpaying Citizens of Weld County, petition you and the County to immediately set-aside the Planning Commissions approval of this facility,as they do not have regulatory jurisdiction because of the scope....the expertise required....the lack of standards established for this plant and it's operation,and is not open to the Commissions"interpretation". As voting-taxpaying Citizens of Weld County, petition you to immediately effect the stop of any further development at this site,until such time as adequate and intelligent studies can be made by designated/qualified experts,as to the affects and conditions this plant poses. To retain qualified expertise to examine and report on the total impact of this facility,and at that point from facts- expert witness and total knowledge, proceed. Thank you for your valued time and consideration and look fo a in earin f you. sa A. o. ! '•�. ..r South ' ► for ltesponsi rowth. cc: 41 registered supporting members 112 co-members Concerned Weld County Citizens.Hudson,CO. 01/28/2002 10:30 303-637-0046 KITCHEN TECH PAGE 01 Citizens for Southwest Weld Responsible Growth 24 hoar h r.,.sa..h.tlist 3034544392 Directors: Larry Johnson-Gene Akns-Kirk Dennis-Michael Ware 1179 Weld Road 21,Suite 100,Brighton,CO 80603 303.654-9911 Monday January 28,2002 To: Commissioner Rob Masden From: Larry Johnson Re: Xcel plant...existing& expansion @ WCR 4 & 19. Dear Rob, We've not heard from you regarding our letter to you dated January 9,2002. Being three weeks ago....we had expected the consideration of a response....yet,received nothing. Please call me immediately so we know what your position is. The question is being asked as to specifically what it is that a elected County Commissioner's duties are,what is their responsibility to the citizens, and where do we obtain a history of what they have done....their successes and failures and what they are doing"for"us? Through our own investigations we have obtained information that what"we"were/are subjected to is called "sub-level frequency" caused by industrial"air overpressurization"down into the 10-20 MZ,out of the range and scope of which Xcel so brilliantly did not test for....or was it on purpose? The real hooker in all this is that you»..our elected official and the Planning Commission are those who are to be knowledgeable of this and have taken appropriate action to protect us.....yet not a word nor even the attempt to discover was made. Is it not your duty and incumbent upon Weld County to retain industry experts as REVEY Associates Inc.,who perform this testing/reporting and present their findings,and is it not your duty to insure that steps are taken immediately to institute changes,regulations,etc.,to protect us? We believe that not hearing from you has been an omisslon....certainiy we don't want to think you would not respond......please call me immediately and restore faith and trust. Sin , 01/28/2002 11:36 303-637-0045 KITCHEN TECH PAGE 01 Citizens for Southwest Weld Responsible Growth z hoar inlbrunatIon I.r.: 303-654-1392 Directors: Larry Johnson-Gene Aikens-Kirk Dennis-Michael Ware 1179 Weld Road 21,Suite 100,Brighton,CO 80603 303.654-9911 -' ;!1111"1 Monday January 28,2002 - 00. 4.9 00 To: Chairman Mich! ;:s1on Weld Couruty Prom: Larry Johnson SR-778 ' +r�I Xcel plant expansion WCR#4& 19 Dear Commissioner Miller, Asking you to recall the testimony given by all parties concerning Xcel's present plant and the carry forward of those conditions to the expansion,there were/are many issues that were not correctly presented. Some of which were straight"de-railments"of the issues,others I believe lies and half truths. a) DB readings and reports: I presented that the"C"weighing of decibel readings were correct. Xcel said not. Engineers of the testing device manufacture state that my reading were(are) correct. (means Xcel's present plant and expansion are in violation of Federal and State limits.) b) Megahertz readings and reports; Xcel's tests were from 34.0 Hz and above. Misleading at best, as private Engineers state that the conditions we(local citizens)experience what is known as: (<16Hz)inaudible/sub-audible noise air-overpressure occurring below the 20-Hz range. re: Gordon F. Revey,REVEY Associates,Inc.. 303-470-0416. c) Insulation: Xcel stated that a metal skin building with Fiberglas insulation is as effective as 8"of solid concrete. The American Institute of Concrete differ. Xcel also stated that what they have done and will do is as affective as possible/feasible. Insulation materials are available that can and will effectivity contain"all"radiated industrial noises within the confines of the building. I petition the Weld County Planning Commission to: I) Immediately undertake studies to determine the exact extent of current/projected decibel ratings. 2) Immediately contact with a firm to identify the sub-audible noise air-overpressurization and remedy 3) Immediately institute conditions on any Xcel building permit for proper noise/vibration/pressurization mitigation devices/matcrials/oonstruuction, etc.. I have personally expended over$8,000.00 in discovery of what the County or Xcel should have. I expect Weld County to perform their due diligence and duty to us the citizens and tax payers of Weld County, and take control of this situation and provide the protecti health-safety we are entitled to. Thank you for your time, consideration and prompt r i - Sin , cc: Commissioner Rob Masden BRUCE Barker Xcel Plant Expansion Page 1 From: BRUCE Barker To: Macklin, Voneen; Mika, MONICA Subject: Xcel Plant Expansion Rob Masden is getting letters faxed to him from Larry Johnson regarding the Xcel plant expansion at WCR 4 & 19. Rob has asked me to provide a letter for him to respond, which addresses the issues raised. The answer is, of course, that the PC has already approved the major facility of a public utility and the Board does not have jurisdiction. I need to get a copy of the signed PC reso to include in the letter. The letter will respond by saying that Rob will refer the letter's technical complaints regarding db's to the Health Department for follow-up, unless the reso says something different. Thanks. Bruce. CC: Masden, Rob; Vaad, Glenn BRUCE Barker Re Page Xcel Plant Reso 9 From: Voneen Macklin To: BRUCE Barker Date: 1/31/02 10:30AM Subject: Re: Xcel Plant Reso Attached is the resolution. I do sign the resolutions but Michael Miller, Chair for Planning Commission, signs the plats. I spoke with Kim, Sheri and Robert and they all said that the Planning Commission has never signed the resolutions. If there are any further questions please let me know. Thanks Voneen >>> BRUCE Barker 01/31/02 08:46AM >>> After our conversation yesterday or the day before, its my understanding that you will get the reso in the form to allow for the PC to sign. Now, however, because I need to get a response to Larry Johnson, I need the reso to see what the conditions and development standards are. Please send that to me in whatever form its in now so that I can finish the response. Thanks! Bruce. RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION Moved by Bryant Gimlin 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#: 3rdAmUSR-778 Planner: Robert Anderson Applicant: Xcel Energy/Public Service Company of Colorado Address: c/o James McClung 550 15th Street Suite 700 Denver, CO 80202-4256 Request: A Site Specific Development Plan and Use by Special Review for a Major Facility of a Public Utility (Natural Gas Control Facility/Yosemite Site) in the A (Agricultural) Zone District. Legal Description: Part of the Southwest Quarter, Section 27, Township 1 North, Range 67 West of the 6th Prime Meridian, Weld County, Colorado Location: East of and adjacent to Weld County Road 19 & North of and adjacent to Weld County Road 4 sited on land currently owned by David Howard, et al. The Planning Commission approves this request for the following reasons: 1. It is the opinion of the Planning Commission that the submitted materials are in compliance with the application requirements of Chapter 23, Article II, Division 4, Section 23-2-260 of the Weld County Code as follows: A. Section 23-2-400.A. —Reasonable efforts have been made to avoid irrigated crop land or to minimize impacts in those cases where avoidance is impractical. The site is identified primarily as"High Potential Dry Cropland"by the USDA"Farmlands of National Importance" Map dated 1979. B. Section 23-2-400.B. -- The facility will not have an undue adverse effect on existing and future development of the surrounding area as set forth in applicable Master Plans. The proposed site does not lie within the three mile referral area of any incorporated community. C. Section 23-2-400.C.--The design of the proposed facility mitigates negative impacts on the surrounding area to the greatest extent feasible.The proposed facility(Natural Gas Control Facility) will be compatible with surrounding land uses. Surrounding property uses include to the north, south and west predominantly agricultural operations and associated rural residential, and to the east SUP-236 (Crude Oil Pumping Station), SUP-256 (Gas Processing Facility), 2ndAmUSR-589(Oil and Gas Processing Facility), USR-980 (Meeting Hall) and USR 1130 (Conquest Oil Waste Disposal). D. Section 23-2-400.D. --The site shall be maintained in such a manner so as to control soil erosion, dust, and the growth of noxious weeds. The Conditions of Approval and Development Standards will ensure that there is no fugitive dust or erosion and will ensure the control of noxious weeds. E. Section 23-2-400.E. --The applicant has agreed to implement any reasonable measures deemed necessary by the Planning Commission to ensure that the health, safety, and welfare of the inhabitants of Weld County will be protected and to mitigate or minimize any potential adverse impacts from the proposed facility. F. Section 23-2-400.F. --The proposed facility will be supplied by an adequate water supply (proposed Commercial/Industrial Well) which has been evaluated with reference to the impacts of the use of such supply on agricultural uses. All reasonable steps have been taken by the applicant to minimize negative impacts on agricultural uses and lands. The proposal will require additional water demands on the site.The Conditions of Approval and Development Standards minimize negative impacts on the existing agricultural uses and lands of the area and will ensure an adequate water supply shall be provided. Resolution 3AmUSR-778 Xcel Energy/Public Service Page 2 G. Section 23-2-400.G. --All reasonable alternatives to the proposal have been adequately assessed and the proposed action is consistent with the best interests of the people of Weld County and represents a balanced use of resources in the affected area. H. Section 23-2-400.H. -- This application will create limited, if any, demand for additional government services. Section 23-2-400.1. --The Conditions of Approval and Development Standards will ensure that the nature and location of the facility will meet Colorado Department of Health and Weld County air quality standards. J. Section 23-2-400.J. --Adequate electric, gas, telephone, water, sewage, and other utilities exist or can be developed to service the site. K. Section 23-2-400.K. -- The nature and location or expansion of the facility will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, historic landmark or archaeological sites within the affected area. There will be no significant impact on wildlife habitat. L. Section 23-2-400.L. --The proposed use will not significantly impact drainage of residential property, crop land or other land. The applicant has indicated that any additional runoff created by the proposed project will be detained or retained on-site. The applicant has applied for a Colorado storm water discharge permit with the Colorado Water Quality Control Commission. A Storm Water Management Plan will be provided to the Weld County Department of Public Works. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commissions recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording the plat. The completed plat shall be delivered to the Department of Planning Services ready for recording in the Weld County Clerk and Recorder's Office within 60 days of approval by the Board of County Commissioners. (Dept. of Planning Services) 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Dept. of Planning Services) 3. Prior to recording the Plat : A. The applicant shall submit to the Weld County Department of Planning Services a copy of an agreement with the site's mineral owners stipulating that the Oil and Gas activities have adequately been incorporated into the design of the site or show evidence that adequate attempts have been made to mitigate the concerns of the mineral owners. (Dept. of Planning Services) B. The applicant shall apply for, receive approval of and record the plat for a Subdivision Exemption for a Major Facility of a Public Utility. (Dept. of Planning Services) Resolution 3AmUSR-778 Xcel Energy/Public Service Page 3 C. The applicant shall submit a written plan for review and approval to the Department of Public Health and Environment that describes how noise, vibration and odor will be minimized or mitigated at the new expansion area. The applicant shall further submit to the Department of Public Health and Environment, for review and approval, an ongoing noise and odor monitoring program to be conducted by an independent party at the expense of the applicant. D. The applicant shall attempt to address the requirements and concerns(MSDS, Hazardous Material Management Plan, Hazardous Material Inventory Statement and the plans for the Fire Detection/Suppression system)of the Greater Brighton Fire Protection District as stated in the referral response received 9/2/01. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Dept. of Planning Services, Colorado Division of Wildlife, Greater Brighton Fire Protection District) E. The applicant has indicated that any additional runoff created by the proposed project will be detained or retained on-site. The applicant has applied for a Colorado storm water discharge permit with the Colorado Water Quality Control Commission. A Storm Water Management Plan will be provided to the Weld County Department of Public Works for Review and Approval. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Dept. of Public Works, Dept. of Planning Services) F. The applicant shall submit a Landscape, Buffer and Security Plan to the Weld County Department of Planning Services for review and approval.The Plan shall address buffering the impact of the proposed use to adjacent property owners and public rights-of-way and include lighting and security measures. (Dept. of Planning Services) G. In the event a floor drain system is used to serve the shop/storage building or any of the other buildings, the applicant shall apply for and Underground Injection Control (UIC) Class V Injection Well Permit through the Environmental Protection Agency(EPA),or provide evidence that the applicant is not subject to the EPA Class V requirements. (Dept. of Public Health & Environment) H. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application to the Air Pollution Control Division, Colorado Department of Health and Environment for emissions of criteria, hazardous or odorous air pollutants. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Dept. of Public Health & Environment) The applicant is proposing disturbing greater than five(5)acres at any given time,and shall obtain a storm water discharge permit from the Water Quality Control Division of the Colorado Department of Public Health&Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Dept. of Public Health & Environment) J. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). (Dept. of Public Health & Environment) Resolution 3AmUSR-778 Xcel Energy/Public Service Page 4 K. The applicant shall provide written evidence to the Department of Planning Services and Public Health and Environment that the facility has an adequate water supply (i.e. commercial well, etc.). (Dept. of Public Health & Environment) L. Weld County Road 4 is designated on the Weld County Transportation Plan Map as a local gravel road,which requires 60 feet of right-of-way at full build out.There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of Weld County Road 4 shall be delineated right-of-way on the plat. This road is maintained by Weld County. M. Weld County Road 19 is designated on the Weld County Transportation Plan Map as a collector status road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way.A total of 40 feet from the centerline of Weld County Road 19 shall be delineated on the plat as right-of-way reservation for future expansion of Weld County Road 19. This road is maintained by Weld County. N. Effective December 1, 1999, Building Permits issued on the proposed lots may be required to adhere to the fee structure of the Southwest Weld Road Impact Program Area 3. (Ordinance 211) O. The applicant shall address the requirements of Weld County Department of Building Inspection as stated in the referral response dated 9/5/01. (Dept. of Planning Services) 5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Dept. of Planning Services) SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS XCEL ENERGY/PUBLIC SERVICE COMPANY OF COLORADO 3rdAmUSR-788 1. A Site Specific Development Plan and Use by Special Review for a Major Facility of a Public Utility (Natural Gas Control Facility/Yosemite Site) in the A(Agricultural) Zone District, as indicated in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. (Dept. of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Article VIII, Section 23-8-10 of the Weld County Code. (Dept. of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30- 20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Dept. of Public Health & Environment) 4. Waste materials shall be handled, stored and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Dept. of Public Health & Environment) 5. Fugitive dust shall be controlled on this site. (Dept. of Public Health & Environment) 6. The applicant shall operate in a manner that minimizes noise, vibration and odor to adjacent properties in accordance with its approved, written plan to minimize, mitigate and monitor noise, vibration and odor. In the event that excessive noise, vibration and odor exist at adjacent properties, additional measures shall be implemented at the request of the Department of Public Health and Environment. (Dept. of Public Health & Environment) 7. Adequate hand washing and toilet facilities shall be provided for employees. Portable toilets (port-o-potty) may be utilized during the construction of the project for up to six months at each location. (Dept. of Public Health & Environment) 8. The facility shall provide an adequate drinking water supply for drinking and sanitary purposes. The facility may use bottled water for drinking and sanitary purposes during the construction of the project. (Dept. of Public Health & Environment) 9. All septic systems located on the property shall have appropriate permits from the Weld County Department of Health and Environment. Any existing septic system which is currently not permitted through the Weld County Department of Public Health and Environment will require an I.S.D.S. evaluation prior to the issuance of the required septic permits. In the event the system is found to be inadequate, the system must be brought into compliance with current I.S.D.S. regulations. (Dept. of Public Health & Environment) 10. The new portion of the facility (north of and adjacent to Weld County Road 4 and east of and adjacent to Weld County Road 19) shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone District as delineated in 25-12-103 C.R.S. (Dept. of Public Health & Environment) 11. The existing facility (south of and adjacent to Weld County Road 4 and east of and adjacent to Weld County Road 19) shall not exceed the maximum permissible noise levels allowed in the Industrial Zone District of 80 dB (A) as measured according to in 25-12-102 C.R.S. (Dept. of Public Health & Environment) 12. The applicant shall maintain compliance with the storm water discharge permit from the Water Quality Control Division of the Colorado Department of Public Health & Environment (Dept. of Public Health & Environment) 13. All construction on the property shall be in accordance with the requirements stated in the Department of Building Inspection referral dated 9/5/01. (Dept. of Planning Services) Resolution 3AmUSR-778 Xcel Energy/Public Service Page 2 14. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 15. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 16. Effective December 1, 1999, Building Permits issued on the lot may be required to adhere to the fee structure of the Southwest Weld Road Impact Program Area 3.) (Department of Planning Services) 17. Personnel from the Weld County Departments of Health and Environment, Public Works and Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 18. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of anamendment of the Permit by the Weld County Planning Commission before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 19 The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Weld County Board of County Commissioners. Motion seconded by Stephan Mokray. VOTE: For Passage Against Passage Michael Miller Bryant Gimlin Cristie Nicklas Fred Walker Stephan Mokray John Folsom Lous Llerena The Chair declared the resolution passed and ordered that a certified copy be placed in the file of this case to serve as a permanent record of these proceedings. CERTIFICATION OF COPY I, Voneen Macklin, 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 December 18, 2001. Dated the 18'" of December, 2001. Voneen Macklin Secretary Hello