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LAND USE APPLICATION
SUMMARY
Maxwell Nader Hearing Date: May 7, 2024
USR24-0009
United Power, Inc. 500 Cooperative Way, Brighton, CO 80603
Mountain Peak Power LLC c/o Kindle Energy LLC, Jon Baylor and Thomas Flexon
500 Alexander Park Drive, Suite 300, Princeton, NJ 08540
A Site Specific Development Plan and Use by Special Review Permit for a 1041 Major
Facility of a Public Utility or Public Agency for 165 MW Peaker Power Plant with six (6)
combustion turbine generators, 69kV switchyard and ancillary equipment associated
with facility operations utilized for energy generation outside of subdivisions and
historic townsites in the A (Agricultural) Zone District.
Being a part of the SE4 of Section 9, T2N, R64W of the 6th P.M., Weld County, CO
East of and adjacent County Road 55 Section Line; Approximately one mile north of
County Road 20
± 19.03 Parcel Number. 1305-09-0-00-005
Site Address: 10001 County Road 55, Keenesburg, CO 80643
The criteria for review of this Special Review Permit are listed in Chapter 21 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
• Town of Keenesburg, referral dated April 26, 2024
• Colorado Parks and Wildlife, referral dated March 29, 2024
• Public Service Company of Colorado, referral dated April 8, 2024
• Southeast Weld Conservation District, referral dated March 29, 2024
• Colorado Division of Water Resources, referral dated March 18, 2024
• Weld County Oil & Gas Energy Department, referral dated April 10, 2024
• Weld County Office of Emergency Management, referral dated March 20, 2024
• Weld County Department of Public Health and Environment, referral dated April 8, 2024
• Weld County Department of Planning Services — Development Review, referral dated April 9, 2024
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• Weld School District RE -3J, referral dated March 13, 2024
• US Fish and Wildlife Service, referral dated March 20, 2024
• Weld County Sheriff's Office, referral dated March 12, 2024
• Southeast Weld Fire Protection District, referral dated March 13, 2024
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The Department of Planning Services' staff has not received responses from the following agencies:
■ Colorado Interstate Gas
■ US Department of Energy
■ Weld County Attorney's Office
■ US Department of Transportation
■ Environmental Protection Agency
■ State of Colorado Public Utilities Commission
■ Occupational Safety and Health Administration
■ Colorado Department of Public Health and Environment
■ State of Colorado Energy and Carbon Management Commission
■ Weld County Department of Planning Services — Building Inspection
■ State of Colorado, Department of Labor & Employment, Division of Oil and Public Safety
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Case Summary:
Mountain Peak Power, LLC, working on behalf of United Power, Inc., is seeking approval of a 1041 Major
Facility of a Public Utility or Public Agency for a 165 MW Peaker Power Plant (Plant). Peaking power plants
are low use, high -emitting power plants that United Power call on at time of high demand. The Plant will
consist of six (6) combustion turbine generators (General Electric ("GE") LM2500 Xpress Combustion
Turbine Generators (CTG)), a 69kV switchyard and ancillary equipment including a facility operations and
control building, a Balance Plant for storage of aqueous ammonia storage, a fire loop suppression system
encircling the Plant footprint, a small storage shed, six (6) 80 -foot in height exhaust stacks with advanced
air pollution control technologies to control particulates.
Parking, landscape, and noise mitigation measures will be added to the site to ensure compatibility. There
will be four (4) construction trailers and two (2) construction laydown yards located adjacent to County Road
55 Section line that will be utilized during construction of the facility. The trailers and components in the
construction yards will be removed and the disturbed site reclaimed post construction.
The Plant will exclusively serve United Power, Inc. members and will be interconnected to United Power's
existing 69 kV transmission system at its Tesla Substation located on the subject property. United Power
have reviewed the capacity of the lines and equipment serving the planned facility. Their review of the wire
size, and system capacity, at present, is sufficient to serve the needs as outlined in the application.
The Plant will connect to and be fueled by natural gas from an existing Colorado Interstate Gas (CIG)
pipeline that runs parallel to the property along County Road 55 Section Line. The CIG pipeline was
permitted via a Location Assessment permit, LAP19-0002. AS a condition of approval, an easement will be
required to line the existing CIG pipeline with the Peaker Plants ancillary equipment. The addition of the
Peaker Plant will not require an amendment to LAP19-0002 as determined by the Weld County Oil and Gas
Energy Department.
Currently the site contains a 69 kV substation and a Battery Energy Storage System (BESS) owned and
operated by United Power. There are three (3) dilapidated agricultural structures and a 1981 manufactured
home owned by Douglas Wilson of 355 E. 55th Avenue, Denver. These four (4) structures will be removed
or demolished prior to construction of the Plant. The Plant is proposed to be sited adjacent to platted lots
for residential development associated with the Fruition Village development formerly known as Pioneer
Communities located in the Town of Keenesburg.
DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED BASED ON THE FOLLOWING APPROVAL CRITERIA:
1. The submitted materials are in compliance with the application requirements of Chapter 21 of the Weld
County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 21-3-340. A of the Weld County Code, as follows:
A. Section 21-3-340.A.1— The health, welfare and safety of the citizens of the County will be protected
and served.
The Design Standards (Section 23-2-240), Operation Standards (Section 23-2-250), Conditions of
Approval, and Development Standards ensure that there are adequate provisions for the protection
of health, safety, and welfare of the inhabitants of the neighborhood and County.
B. Section 21-3-340.A.2-- The natural and socio-economic environment of the County will be
protected and enhanced.
There are no significant geologic hazards or geologic areas of importance and there are no
prevalent natural hazards in the area that will affect, or be affected by, the Plant. Since 2018 the
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area has been utilized as a Use by Right 69kV substation, which supports electric distribution lines
on site. Historically the property was utilized by Lone Tree Turkey Farm Inc for a turkey farm, there
was no permit of record located for this facility. While oil and gas development are prevalent in the
immediate area, there are no anticipated adverse impacts to agricultural productivity or agricultural
resources.
During the construction period, the local economy may see a small influx of dollars and a small
increase in sales tax revenue.
According to the application material there will be no adverse socio-economic constraints
associated with the Mountain Peak Power Peaker Plant (Plant). The Design Standards, Operation
Standards, Conditions of Approval, Development Standards, additional plans and permits required
by other agencies will assist in mitigating and protecting possible socio-economic impacts in the
future. As United Power transitions to more renewable energy resources, the Plant will provide
reliability to the local, electric grid enabling continued economic growth in the surrounding area.
The Plant will have minimal impact to the direct area with the United Power's existing substation
and transmission infrastructure already in place, reducing the need to establish a new substation
and transmission lines. The Plant would generate additional tax revenue for Weld County and is
consistent with the Economic Development Goals and Objectives described in the Weld County
Comprehensive Plan.
C. Section 21-3-340.A.3 -- All 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 with and represents the best interests of the
people of the County and represents a fair and reasonable utilization of resources in the impact
area.
The Plant's siting alternatives were evaluated to address the needs of United Power. Per the
application materials the following three (3) criteria were reviewed to determine the location of the
Plant:
1. The optimization of available utility land. The ability to install the Plant at property currently
owned by United Power and co -locate with existing electric utility infrastructure.
2. The maximum utilization of existing infrastructure. The ability to use United Power's existing
electrical distribution infrastructure located at the site to enhance the Plant's efficiency.
3. The access to natural gas. The adjacent, existing natural gas pipeline will provide natural
gas at the required pressure and flow for the Combustion Turbine Generators (CTGs).
Based on these three (3) criteria this site location and co -location will use United Power's existing
infrastructure and minimize the amount of natural gas pipeline installation that is required for the
Plant.
D. Section 21 -3 -340.A.4 --A satisfactory program to mitigate and minimize adverse impacts has been
presented.
The US Fish and Wildlife Service, in a referral dated March 20, 2024, and the State of Colorado
Division of Parks and Wildlife, in a referral dated March 29, 2024, both indicated they reviewed the
request and find no conflicts with their interests.
Additionally, the US Army Corps of Engineers and the US Department of Energy were also provided
with an opportunity to review the application and a referral response was not received.
Weld County Oil & Gas Energy Department (OGED) indicated that there are several oil and gas
encumbrances near the subject property. Additionally, it is noted that the Plant is planning to
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connect to the existing Colorado Interstate Gas (CIG) pipeline running parallel to County Road 55
Section Line, currently permitted via LAP19-0002. No amendment to the existing LAP permit is
required as stated in the OGED referral dated April 10, 2024.
The parcels adjacent to the north and west are annexed into the Town of Keenesburg and are a
part of the Fruition Village development. Current land use is vacant and likely utilized for the grazing
of livestock. Lands to the south and east of the proposed Plant are zoned A (Agricultural) and the
land uses include agriculture, residential, and oil and gas development. The proposed site was
selected due to its location within an existing utility corridor and the opportunity for co -location with
an existing electric substation as well as supporting electric distribution lines on site. According to
the application materials once operational, the Plant will not adversely affect the surrounding area
or traffic as there won't be any lights, or odors generated. Additionally, the applicant is in the
process of the acquiring an air emissions permit with CDPHE which will ensure odors and
particulates are being properly managed.
Finally, an easement with Colorado Interstate Gas (CIG) will be required to connect with and fuel
the Plant. A rights -of -way permit will be required for this pipeline crossing County Road 55 Section
Line. The application material states the Plant will eliminate coal -burning power production that
United Power currently utilizes. The plant will not operate full time, it will operate at approximately
ten (10%) percent throughout the year.
E. Section 21 -3 -340.A.5 --The nature and location or expansion of the facility complies with all
applicable provisions of the master plan of this County, and other applicable regional, metropolitan,
state and national plans.
The site is within the three (3) mile referral area for the Town of Keenesburg and within the Town's
Coordinated Planning Agreement Area. The Town of Keenesburg submitted a signed Notice of
Inquiry Form dated February 1, 2024 and returned a referral dated April 26, 2024 both stating they
are requesting asigned a -pre -annexation agreement with the property owner due to the proximity
of the future development in Keenesburg to the north and west.
The site is in a remote area of the County with forty-two (42) parcels within one (1) mile of the site
with twenty (20) of these parcels containing residences. These residences are primarily located
south and east of the subject property on Recorded Exemption Lots. The land to the north and west
is in the Town of Keenesburg and the Town has platted Fruition Village which is a mixed use
development and the uses adjacent to the Plant are proposed to be residential. The applicant
submitted a noise study, and the noise levels will comply with the commercial noise standard with
the installation of an acoustic wall. The acoustic wall will also be utilized for a visual mitigation
measure.
F. Section 21-3-340.A.6 --The nature and location or expansion of the facility does not unduly
or unreasonably impact existing community services.
It is anticipated that construction will take place from August 2024 to May 2025, with up to twenty-
five (25) workers working between the hours of 8:00 am and 5:00 pm. Monday through Saturday.
The construction period is anticipated to occur in three (3) phases. During the three (3) phases
there will be an average of forty (40) daily trips of passenger vehicles, fifteen (15) daily trips of
pickup trucks, and four (4) daily trips of heavy construction vehicles. The impact to local roads will
vary between the three (3) shifts as some are heavier in daily trips than others. Once in operation
there will be two (2) operators (employees) per shift, with two (2) shifts of twelve (12) hours each.
No significant adverse effects on county roads are anticipated. The applicant will work with the
Weld County Planning Services — Development Review on access, grading and a road
maintenance agreement.
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The Southeast Weld Fire Protection District returned a referral dated March 13, 2024, indicating
the Plant creates no conflict with their interests.
The Weld County School District RE -3J returned a referral dated March 13, 2024, indicating the
Plant creates no conflict with their interests.
The site is within the three (3) mile referral area for the Town of Keenesburg. The Town of
Keenesburg returned a referral dated April 26, 2024, that indicates that the town wishes to enter
into a pre -annexation agreement due to the proximity of the future development in Keenesburg to
the north and west.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
The Plant will produce electrical power via the combustion of natural gas and will employ
technology to reduce harmful emissions to the environment. Large amounts of combustible or
hazardous materials will not be stored on the site.
All equipment will be mounted on foundations with a short stem wall that will provide containment
of any accidental spills of grease and oil during maintenance and operational activities. Also, for
the nineteen (19%) percent aqueous ammonia storage system; the system will be designed with
low points for unloading and delivery for containing any accidental release.
The Plant will also employ instruments and monitoring systems to alarm and notify operators for
any accidental release of materials used on site, this includes natural gas and aqueous ammonia.
Monitoring includes local visual and audio alarm systems and operator notification in the Control
Room.
Additionally, the Plant is utilizing combustion turbine generators to provide efficient and reliable
power to support United Power's grid. The applicant is working with the Colorado Department of
Public Health and Environment (CDPHE) to ensure the plant's air permit conforms to the State's
goals for future energy and power development. The applicant is also working with local agencies,
local authorities to ensure the health, safety, and the welfare of Weld County residents.
The proposed Plant is located within District 3 of the Weld County Sheriffs Department and is within
the jurisdiction of the Southeast Weld Fire Protection District. Public roads are maintained by Weld
County Department of Public Works. The nearest hospital from the Plant is North Suburban Medical
Center in Thornton, Colorado. These services will be utilized if an emergency situation occurs.
H. Section 21-3-340.A.8-- 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.
The proposed site is not located in an area with meteorological or climatological conditions which
may interfere with or obstruct normal operations and maintenance.
I. Section 21 -3 -340.A.9 --The 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.
The application states that the Plant will not impact hydrologic flow of either surface water or
groundwater, nor will it affect groundwater recharge. Existing drainage patterns will be preserved.
The Plant is not located within a floodplain area and is not located in a defined river or stream
channel.
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J. Section 21-3-340.A.10 - Adequate water supplies are available for facility needs.
Bottled water will be used during construction of the Plant and will be utilized once the Plant is
operational. The Plant will have no impact on vested water rights. Construction water and water to
suppress dust during construction activities will be trucked into the area.
State of Colorado Division of Water Resources returned a referral dated March 18, 2024, stating
"There was no proposed water supply for the facility. A review of our office's records found well
permit no. 210934 located on the subject property.
Well permit no. 210934 was issued on June 25, 1998, to withdraw 3 acre-feet per year from the
non -tributary Laramie -Fox Hills aquifer underlying twenty (20) acres for ordinary household
purposes inside one single-family dwelling the watering of domestic animals and the irrigation of
not more than one acre of home gardens and lawns. If the applicant plans to use the well for the
power plant, a commercial and/or industrial well permit allowing such uses must first be obtained."
Additionally, the application states a 125,000 -gallon fire water storage tank will be connected to a
fire pump skid that provides pressurized fire water to underground fire water loop. The fire water
loop will encircle the Plant and have fire hydrants spaced according to National Fire Protection
Association (NFPA) requirements. The fire pump skid will contain an electric fire pump, a jockey
pump to maintain fire loop pressure, and a backup diesel -powered fire pump. The fire pump skid
will also contain a small diesel tank for the backup fire pump, sized to NFPA requirements. The fire
water storage tank will include a connection to provide service water to the site for needs such as
dust suppression. This service water connection will be located above the 120,000 -gallon level of
the fire water storage tank so this volume is preserved for fire water supply only. The Southeast
Weld Fire District had no concerns on the request per their referral dated March 13, 2024.
K. Section 21-3-340.A.11— The nature and location of the facility or expansion will not unduly interfere
with existing easements, rights -of -way, other utilities, canals, mineral claims or roads.
The Public Service Company of Colorado (PSCo) dba Xcel Energy in their referral dated April 8,
2024, states "Please be aware PSCo has existing overhead high-tension electric transmission lines
and associated land rights within the proposed Plant area. Any activity including grading, proposed
landscaping, erosion control or similar activities involving our existing right-of-way will require Public
Service Company approval. Encroachments across PSCo's easements must be reviewed for
safety standards, operational and maintenance clearances, liability issues, and acknowledged with
a PSCo License Agreement to be executed with the property owner."
Agreements with holders of existing easements, and rights -of -way, utility, ditch, mineral or roadh
will be obtained as appropriate once the Weld County permitting processes are complete and prior
to any construction activities..
As a Condition of Approval, prior to recording the 1041 USR map, evidence of recorded easements,
rights -of -way and similar binding agreements shall be submitted to the Department of Planning
Services for inclusion in the case file.
L. Section 21 -3 -340.A.12 --Adequate electric, gas, telephone, water, sewage and other utilities exist
or shall be developed to service the site.
There will be two (2) full-time employees per each twelve (12) hour shift on the site. Portable toilets
and bottled water are required for both construction and once the site is operational. Electricity will
be provided by United Power and gas will be provided by the CIG pipeline that is permitted via
LAP19-0002 for the facility.
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M. Section 21 -3 -340.A.13 -The 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.
Colorado Parks and Wildlife returned a referral response dated March 29, 2024, indicating no
concerns with their interests. The US Fish and Wildlife Service returned a referral response dated
Mach 20, 2024, also indicating no concerns.
The Plant is characterized as an industrial facility including the Tesla Substation and battery energy
storage system located on the Plant site. Other similar facilities include oil and gas production
sites, natural gas compressor station facilities, communication facilities, oil and gas pipelines, a
mining operation, and several existing high voltage transmission lines and electric distribution lines
in the vicinity. Agricultural facilities located near the Plant include cultivated crops, and grazing
lands. Other linear infrastructure, including railroads, Interstate Highways, and local roads exist in
proximity to this Plant. On the adjacent lands the vegetation is pastureland and grassland.
Permanent removal of vegetation would occur at the Plant construction site and impacts to native
vegetation communities around the site are expected to be minimal.
Federal, state, and local agencies designate areas to help conserve habitats critical to migratory
birds and other sensitive species. The Plant area states there are not federally or state -managed
conservation areas within one (1) mile of proposed Plant site. In addition, no Critical Habitat
designated by the U.S. Fish and Wildlife Service is mapped in the same area.
Plant impacts to wildlife are expected to be minimal and limited to temporary disturbance from
construction activities.
N. Section 21-3-340.A.14 — The 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.
Construction would last approximately from August of 2024 to May of 2025. Construction activities
associated with the proposed Plant would generate less than significant amounts of particulate
matter from soil disturbances and diesel -powered equipment, and less than significant amounts of
carbon monoxide and the precursor pollutants to ozone formation from tailpipe emissions.
Air pollutants also would be minimized through implementation of dust suppression and proper
vehicle maintenance. Therefore, Plant construction is not expected to adversely affect the air
quality in the area. The applicant is required to submit an air emissions permit from CDPHE for
construction activities and for operational power generation. The air emissions permit has been
submitted to CDPHE with an expected approval by June of 2024. Other than the emissions that
are regulated by CDPHE, no other fugitive air emissions are anticipated from Plant equipment and
operations. The plant will not be storing potential sources of emissions such as waste oil storage,
painting supplies, or portable engines such as portable personal generators.
Weld County Public Health and Environment in their referral dated April 8, 2024, indicated that an
air emissions permit from CDPHE is required. Secondary containment shall be constructed around
tanks to provide containment for the largest single tank and sufficient freeboard to contain
precipitation. Secondary containment shall be sufficiently impervious to contain any spilled or
released material. A Spill Prevention, Control and Counter measure Plan may be required to be
available onsite in accordance with State regulations.
O. Section 21-3-340.A.15 — 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.
Per the Soils Report generated by Kumar & Associates dated January 4, 2024, the subsurface
conditions encountered in the borings generally consisted of a relatively thin layer of topsoil
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underlain by naturally deposited (native) overburden soils consisting primarily of cohesive (clay)
soils with lenses and zones of native granular soils. The native soils extended to weathered
claystone at depths ranging from about 9 to 17 feet in Borings 1 through 4, and to claystone bedrock
at depths ranging from about 13 to 18 feet in remaining borings. The weathered claystone in
Borings 1 through 4 was underlain by claystone bedrock at depths ranging from about 12.5 to 20
feet.
The site is gently sloping down from northeast to southwest with about 10 feet or less of relief
across the proposed development area. The surrounding vegetation is primarily pastureland and
grassland. Permanent removal of vegetation would occur at the Plant site and impacts to native
vegetation communities are expected to be minimal.
Southeast Weld Conservation District returned a referral dated March 29, 2024, requesting a
revegetation plan after construction, and to manage soil erosion during construction.
P. Section 21-3-340.A.16 — The existing water quality of affected state waters will not be degraded
below state and federal standards or established baseline levels.
There would be no direct impacts to water quality associated with regular operation or maintenance
of the Plant. The site does not have any wetlands associated with it. Additionally, a drainage plan
will be prepared for the site. Prior to construction, a Storm Water Permit for Construction Activities
would be acquired from the Colorado Department of Public Health and Environment (CDPHE).
Q. Section 21-3-340.A.17 — The proposed Plant 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.
The Plant would not impact hydrologic flow of either surface water or groundwater, nor would it
affect groundwater recharge. Prior to construction, a Storm Water Permit for Construction Activities
would be acquired from the CDPHE, where required.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the 1041 USR map:
A. The applicant shall acknowledge the comments of the Weld County Oil & Gas Energy Department,
as stated in the referral response dated April 10, 2024. Written evidence of such shall be submitted
to the Weld County Department of Planning Services. (Department of Planning Services)
B. The applicant shall acknowledge the comments of the Colorado Parks and Wildlife, as stated in the
referral response dated March 29, 2024. Written evidence of such shall be submitted to the Weld
County Department of Planning Services. (Department of Planning Services)
C. The applicant shall acknowledge the comments of the Colorado Division of Water Resources, as
stated in the referral response dated March 18, 2024. Written evidence of such shall be submitted
to the Weld County Department of Planning Services. (Department of Planning Services)
D. The applicant shall address the requirements of Public Service Company of Colorado, as stated in
the referral response dated April 8, 2024. Written evidence of such shall be submitted to the Weld
County Department of Planning Services. (Department of Planning Services)
E. The applicant shall address the comments of the Town of Keenesburg regarding entering into a
pre -annexation agreement, as stated in the referral response dated April 26, 2024. Written
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evidence of such shall be submitted to the Weld County Department of Planning Services.
(Department of Planning Services)
F. The applicant shall address the requirements of the Southeast Weld County Conservation District,
as stated in the referral response dated March 29, 2024. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
G. The applicant shall submit a report for the stored ammonia on site to the Office of Emergency
Management. Written evidence of such shall be submitted to the Weld County Department of
Planning Services. (Office of Emergency Management)
H. The applicant shall submit a recorded copy of the easement agreement between United Power, Inc
and Colorado Interstate Gas for the use of the pipeline that will fuel the proposed Plant.
(Department of Planning Services)
I. A Road Maintenance Agreement for Construction is required at this location. Road maintenance
includes, but is not limited to, dust control and damage repair to specified haul routes.
(Development Review)
J. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Development Review)
K. If applicable, the applicant shall submit a recorded copy of any agreement signed by all owners of
private property crossed by the access road connecting the terminal end of County Road 55 to the
subject parcel. If such an agreement exists, it shall be for ingress, egress, and utilities and shall be
referenced on the USR map by the Weld County Clerk and Recorder's Reception number.
(Development Review)
L. The applicant shall provide written evidence of a permitted and viable water sources for duct
suppression and for fire tank waters associated with the fire suppression system. (Department of
Planning Services)
M. The applicant or their representative shall submit a Post Construction Plan for the property in
accordance with the pre -construction lease agreement for the removal of all equipment, trailers and
materials. (Department of Planning Services)
N. The 1041 USR map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR24-0009 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 21-3-330.B.3 and Section 21-3-330.B.4
of the Weld County Code. (Department of Planning Services)
4. The map shall delineate the accepted opaque screening that will be located on the north and
west side of the subject property. (Department of Planning Services)
5. County Road 55 (south of the site) is a gravel road and is designated on the Weld County
Functional Classification Map as a local road which requires 60 feet of right-of-way at full
buildout. The applicant shall delineate and label on the USR map the existing right-of-way
(along with its creating documents) and the physical location of the road. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by Weld County.
(Development Review)
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6. County Road 22 (south of and adjacent to the site) Section Line is shown to have 30 feet of
unmaintained section line right-of-way on the south side of centerline per the Weld County GIS
right-of-way map. The applicant shall delineate the existing right-of-way and the physical
location of the unmaintained road on the map. Show and label the section line Right -of -Way as
"County Road 22 Section Line Right -Of -Way, Not County Maintained." All setbacks shall be
measured from the edge of right-of-way. (Development Review)
7. County Road 55 (east of and adjacent to the site) Section Line is shown to have 60 feet of
unmaintained section line right-of-way per the Weld County GIS right-of-way map. The
applicant shall delineate the existing right-of-way and the physical location of the unmaintained
road on the map. Show and label the section line Right -of -Way as "County Road 55 Section
Line Right -Of -Way, Not County Maintained." All setbacks shall be measured from the edge of
right-of-way. (Development Review)
8. Show and label the Plant site's access location on County Road 55. (Development Review)
9. Show and label the entrance gate, if applicable. (Development Review)
10. Show and label any 30 -foot minimum access and utility easement needed to provide legal
access to the parcel. (Development Review)
11. Show and label the accepted drainage features. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include the calculated water quality
and detention volumes. (Development Review)
12. Show and label drainage flow arrows. (Development Review)
13. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Development Review)
14. The applicant shall delineate on the map the trash collection areas specific to the temporary
construction laydown and staging areas. Section 23-2-240.A.13 of the Weld County Code
addresses the issue of trash collection areas. (Department of Planning Services)
15. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 of
the Weld County Code. (Department of Planning Services)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a paper map along with all other
documentation required as Conditions of Approval. The paper map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The paper map
and additional requirements shall be submitted within one hundred twenty (120) days from the date
of the Board of County Commissioners Resolution. The applicant shall be responsible for paying
the recording fee. (Department of Planning Services)
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within
the specified timeline from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance fee shall be added for each additional 3 -month period. (Department of
Planning Services)
4. Prior to Construction:
A. A Weld County Grading Permit shall be acquired. (Development Review)
B. Overweight and/or oversized special transport permits from the Department of Public Works
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shall be acquired for all applicable trucks. (Development Review)
C. Right-of-way Use Permits shall be acquired from the Department of Public Works before
installation and/or construction of any aboveground or buried features in or crossing Weld
County rights -of -way. (Development Review)
D. The accepted opaque screening shall be installed prior to any Plant construction activities
commencing. (Department of Planning Services)
E. The applicant shall receive written permission from Douglas Wilson or his representative, prior
to taking any action on the removal of the 1981 manufactured home that is present on site.
(Department of Planning Services)
F. Should construction operations require temporary fuel tanks for vehicles and equipment, the
applicant shall provide written evidence that the fuel tanks are appropriately permitted through
the Colorado Department of Labor and Employment, Division of Oil and Public Safety. Written
evidence of such shall be submitted to the Weld County Department of Planning Services.
(Department of Planning Services)
5. The Use by Special Review Permit is not perfected until the Conditions of Approval are completed
and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office of
the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement (Department of Planning Services)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
United Power, Inc.
USR24-0009
1. A Site Specific Development Plan and Use by Special Review Permit for a 1041 Major Facility of a
Public Utility or Public Agency for 165 MW Peaker Power Plant with six (6) combustion turbine
generators, 69kV switchyard and ancillary equipment associated with facility operations utilized for
energy generation outside of subdivisions and historic townsites in the A (Agricultural) Zone District, to
the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The number of full time employees will be two (2) per twelve (12) hour shifts. (Department of Planning
Services)
4. The hours of operation related to construction are 8:00 am to 5:00 pm. Monday through Saturday.
(Department of Planning Services)
5. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire District
and the Weld County Office of Emergency Management to the Department of Planning Services.
(Department of Planning Services)
6. The property owner or operator shall be responsible for controlling noxious weeds on the proposed
easement, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
7. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Development Review)
8. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
9. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Development Review)
10. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement for Construction. (Development Review)
11. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be
the responsibility of Weld County. (Development Review)
12. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
13. Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
14. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface
and groundwater contamination. (Department of Public Health and Environment)
15. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
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16. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
17. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations and the accepted nuisance plan.
(Department of Public Health and Environment)
18. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public
Health and Environment, as applicable. (Department of Public Health and Environment)
19. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. For employees or contractors are on site for less than 2 consecutive hours a day,
and 2 or less full-time employees on site, portable toilets and bottled water are acceptable. Records of
maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available
for review by the Weld County Department of Public Health and Environment. Portable toilets shall be
serviced by a cleaner licensed in Weld County, contain hand sanitizers and be screened from existing
adjacent residential properties and public rights -of -way. (Department of Public Health and Environment)
20. All chemicals must be handled in a safe manner in accordance with product labeling. All chemicals
must be stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations. (Department of Public Health and Environment)
21. Secondary containment shall be constructed around tanks to provide containment for the largest single
tank and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently
impervious to contain any spilled or released material. Secondary containment devices shall be
inspected at regular intervals and maintained in good condition. All secondary containment will comply
with the Energy and Carbon Management Commission (ECMC) Rule 604 and/or the provisions of the
State Underground and Above Ground Storage Tank Regulations as applicable. (Department of Public
Health and Environment)
22. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
23. Any contaminated soils on the facility shall be removed, treated, or disposed of in accordance with all
applicable rules and regulations. All spills will be reported to local, state, and federal agencies in
accordance with all state and federal regulations. (Department of Public Health and Environment)
24. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. The facility shall comply with the accepted Acoustics Analysis.
(Department of Public Health and Environment)
25. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPHE), Water Quality Control Division, if applicable.
(Department of Public Health and Environment)
26. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable
provisions of 40 CFR, Part 112, shall be available on site, as applicable. (Department of Public Health
and Environment)
27. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
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28. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issued permit, and of the outcome or disposition of any such compliance advisory
or other notice of non-compliance. (Department of Public Health and Environment)
29. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
30. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties.
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map. Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used
which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
31. Building permits may be required, for any new construction, set up of manufactured structures, or
change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings and
structures shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2018 International Building
Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld
County Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection. A building permit must be issued prior to the
start of construction. (Department of Building Inspection)
32. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County
Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs. (Department of
Planning Services)
33. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended.
(Department of Planning Services)
34. Construction office trailers and storage trailers and electrical services to the trailers are subject to
building permits per Section 29-3-10 of the Weld County Code. (Department of Building Inspection)
35. The applicant or their representatives shall comply with the signed lease agreement for the temporary
construction laydown and staging areas, including the Post Construction Plan addressing the removal
of all equipment, trailers and materials. The site shall be reclaimed and planted in a seed mix
acceptable to the property owner. (Department of Planning Services)
36. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
37. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment 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 Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
38. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the Department
of Planning Services. (Department of Planning Services)
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39. Construction or Use pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of
Planning Services may grant an extension of time, for good cause shown, upon a written request by
the applicant. (Department of Planning Services)
40. A Use by Special Review shall terminate when the Use is discontinued for a period of three (3)
consecutive years, the Use of the land changes or the time period established by the Board of County
Commissioners through the approval process expires. The applicant may notify the Department of
Planning Services of a termination of the Use, or Planning Services staff may observe that the Use has
been terminated. When either the Department of Planning Services is notified by the applicant, or when
the Department of Planning Services observes that the Use may have been terminated, the Planner
shall send certified written notice to the applicant asking that the applicant request to vacate the Use
by Special Review Permit. (Department of Planning Services)
41. In such cases where the Use by Special Review has terminated but the applicant does not agree to
request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of
County Commissioners to provide the applicant an opportunity to request that the Use by Special
Review Permit not be vacated, for good cause shown. The applicant shall be notified at least ten (10)
days prior to the hearing. If the Board of County Commissioners determines that the Use by Special
Review has terminated and no good cause has been shown for continuing the permit, then the
termination becomes final, and the Use by Special Review Permit is vacated. (Department of Planning
Services)
42. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners. (Department of Planning Services)
43. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT:
Weld County has some of the most abundant mineral resources, including, but not limited to, sand and
gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's economy;
(b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits
should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause
the least practicable disruption of the ecology and quality of life of the citizens of the populous counties
of the state.
Mineral resource locations are widespread throughout the County and people moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource. (Department of Planning Services)
44. WELD COUNTY'S RIGHT TO FARM STATEMENT:
Weld County is one of the most productive agricultural counties in the United States, typically ranking
in the top ten counties in the country in total market value of agricultural products sold. The rural areas
of Weld County may be open and spacious, but they are intensively used for agriculture. Persons
moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-
standing agricultural practices and a lower level of services than in town. Along with the drawbacks
come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness,
wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring
farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles
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on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state
and County roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they
are bladed, will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
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April 5, 2024
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: mnader@weld.gov
Phone: (970) 400-400-3527
Fax: (970) 304-6498
BARWICK STEVE
500 Cooperative Way
Brighton, CO 80603
Subject: USR24-0009 - A Site Specific Development Plan and Use by Special Review Permit for a
1041 Major Facility of a Public Utility or Public Agency for 165 MW Peaker Power Plant with six (6)
combustion turbine generators utilized for energy generation outside of subdivisions and historic
townsites in the A (Agricultural) Zone District.
On parcel(s) of land described as:
PART SE4 SECTION 9, T2N, R64W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 7, 2024 at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on June 5, 2024 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://aca-
prod.accela.com/WELD/Default.aspx
Respectfully,
/
Maxwell Nader
Planner
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