HomeMy WebLinkAbout20241337.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR24-0009, 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 - UNITED POWER, INC.,
C/O MOUNTAIN PEAK POWER, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 5th day of
June, 2024, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of United Power, Inc., 500 Cooperative Way, Brighton, Colorado 80603,
do Mountain Peak Power, LLC, 500 Alexander Park Drive, Suite 300, Princeton, New Jersey
08540, for a Site Specific Development Plan and Use by Special Review Permit, USR24-0009,
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, on the following described real estate, being more particularly
described as follows:
Part of the SE1/4 of Section 9, Township 2 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Jon Baylor, Kindle Energy,
500 Alexander Park Drive #6307, Princeton, New Jersey 08540, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 21-3-330 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance 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
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Approval, and Development Standards ensure there are adequate
provisions for the protection of the 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 Mountain Peak
Power Peaker Plant (Plant). Since 2018, the area has been utilized as a
Use by Right 69kV substation, which supports electric distribution lines
onsite. Historically, the property was utilized by Lone Tree Turkey Farm,
Inc., for a turkey farm, however, 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 materials, there will be no adverse
socio-economic constraints associated with the Plant. The Design
Standards, Operation Standards, Conditions of Approval, Development
Standards, and 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 United Power's existing substation
and transmission infrastructure already in place, reducing the need to
establish a new substation and transmission lines. The Plant will 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 a property currently owned by United Power and co -locate
with existing electric utility infrastructure.
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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 the 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 U.S. 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 found no conflicts with their interests.
Additionally, the U.S. Army Corps of Engineers, and the U.S. Department
of Energy were provided with an opportunity to review the application and
referral responses were not received.
The Weld County Oil and Gas Energy Department (OGED) indicated there
are several oil and gas encumbrances near the subject property.
Additionally, it is noted that the Plant is planning to connect to the existing
Colorado Interstate Gas (CIG) pipeline, running parallel to
County Road (CR) 55 Section Line, currently permitted via LAP19-0002.
No amendment to the existing LAP permit is required, as stated in the
OGED referral response 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 the Colorado Department of Public
Health and Environment (CDPHE), which will ensure odors and
particulates are being properly managed.
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Finally, an easement with CIG will be required to connect with, and fuel the
Plant. A Right -of -Way Permit will be required for the pipeline crossing
CR 55 Section Line. The application materials state 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
percent (10%) 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 Weld 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 (CPA) area. The
Town of Keenesburg submitted a signed Notice of Inquiry (NOI) form, dated
February 1, 2024, and returned a referral dated April 26, 2024, both stating
they are requesting a signed 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 Weld County, with 42 parcels within one (1)
mile of the site, and 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, which has platted Fruition Village, as a mixed -use
development, and the uses adjacent to the Plant are proposed to be
residential. The applicant submitted a Noise Study, which indicates the
noise levels will comply with the commercial noise standard, with the
installation of an acoustic wall that 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 25 workers, working between the hours of 8:00 a.m. and
5:00 p.m., 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 40 daily trips of passenger vehicles, 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 Department of Planning Services
— Development Review, on access, grading, and a Road Maintenance
Agreement.
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The Southeast Weld Fire Protection District and Weld County School
District RE -3J both returned referral responses 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 response dated
April 26, 2024, that indicated 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 23-2-230.B.7 — There are 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, the 19% aqueous ammonia
storage 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 of any accidental release of materials used onsite. 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 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 and 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 Sheriff's
Office and is within the jurisdiction of the Southeast Weld Fire Protection
District. Public roads are maintained by the 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
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meteorological or climatological conditions, which may interfere with or
obstruct normal operations and maintenance.
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 stated 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.
J. Section 21-3-340.A.10 — Adequate water supplies are available for facility
needs. Bottled water will be used during construction 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.
The State of Colorado Division of Water Resources returned a referral
response dated March 18, 2024, which stated there was no proposed water
supply for the facility and a review of their office records found Well Permit
No. #210934, located on the subject property.
Well Permit #210934 was issued on June 25, 1998, to withdraw three (3)
acre-feet, per year, from the non -tributary Laramie -Fox Hills aquifer
underlying 20 acres, for ordinary household purposes inside one (1)
single-family dwelling, the watering of domestic animals, and the irrigation
of not more than one (1) 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 stated 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 with the request, per the referral response 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
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utilities, canals, mineral claims or roads. The Public Service Company of
Colorado (PSCo), dba Xcel Energy, in the referral response dated April 8,
2024, stated 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 their existing right-of-way will require PSCo's
approval. Encroachments across PSCo's easements must be reviewed for
safety standards, operational and maintenance clearances, liability issues,
and acknowledged a PSCo License Agreement needs to be executed with
the property owner.
Agreements with holders of existing easements, and rights -of -way will be
obtained, as appropriate, once the Weld County permitting processes are
complete and prior to any construction activities.
As a Condition of Approval (COA), 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, permitted via LAP19-0002 for
the facility.
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 U.S. 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
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will 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
application 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 will last from approximately
August of 2024, to May of 2025. Construction activities associated with the
proposed Plant will 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 will 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 the CDPHE, for construction activities and for
operational power generation. The Air Emissions Permit has been
submitted to the 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.
The Weld County Department of Public Health and Environment, in the
referral response 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 and Associates, dated January 4,
2024, the subsurface conditions encountered in the borings generally
consisted of a relatively thin layer of topsoil underlain by naturally deposited
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(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 nine (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
ten (10) feet or less of relief across the proposed development area. The
surrounding vegetation is primarily pastureland and grassland. Permanent
removal of vegetation will occur at the Plant site and impacts to native
vegetation communities are expected to be minimal.
The Southeast Weld Conservation District returned a referral response
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 will 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 Stormwater Permit for
Construction Activities will be acquired from the 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 will not impact
hydrologic flow of either surface water or groundwater, nor will it affect
groundwater recharge. Prior to construction, a Stormwater Permit for
Construction Activities would be acquired from the CDPHE, where
required.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of United Power, Inc., do Mountain Peak Power, LLC, for
a Site Specific Development Plan and Use by Special Review Permit, USR24-0009, 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, on the parcel of land described above, be, and hereby is, granted
subject to the following conditions:
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1 Prior to recording the 1041 USR map:
A. The applicant shall acknowledge the comments of the Weld County Oil and
Gas Energy Department (OGED), 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.
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.
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.
D. The applicant shall address the comments of the Town of Keenesburg
regarding entering into a Road Maintenance Agreement. Written evidence
of such shall be submitted to the Weld County Department of Planning
Services.
E. 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.
F. 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.
G. 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.
H. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer, registered in the State of Colorado, is
required.
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.
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J. The applicant shall provide written evidence of a permitted and viable water
sources for dust suppression and for fire tank waters associated with the
fire suppression system.
K. 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.
L. The 1041 USR map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR24-0009.
2) The attached Development Standards.
3) The map shall be prepared in accordance with
Section 21-3-330.B.3 and Section 21-3-330.6.4 of the Weld County
Code.
4) The map shall delineate the accepted opaque screening that will be
located on the north and west side of the subject property.
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 the existing right-of-way (along
with its creating documents) and the physical location of the road
on the USR map. All setbacks shall be measured from the edge of
the right-of-way. This road is maintained by Weld County.
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 the right-of-way.
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 the right-of-way.
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8) The applicant shall show and label the Plant site's access location
on County Road 55.
9) The applicant shall show and label the entrance gate, if applicable.
10) The applicant shall show and label any 30 -foot minimum access
and utility easement needed to provide legal access to the parcel.
11) The applicant shall 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.
12) The applicant shall show and label drainage flow arrows.
13) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
14) The applicant shall delineate the trash collection areas on the map,
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.
15) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 of the Weld County Code.
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 120 days from the date
of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
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 three (3) month period.
4. Prior to Construction:
A. A Weld County Grading Permit shall be acquired.
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B. A Right -of -Way Use Permit 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.
5. During Construction:
A. Overweight and/or Oversized Special Transport Permits from the
Department of Public Works shall be acquired, for all applicable trucks.
B. 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.
C. When the applicant's construction contractor brings water to the site for use
during construction, the applicant shall provide written evidence that the
water is coming from an appropriately permitted source.
6. Prior to Operation:
A. The accepted opaque screening shall be installed.
B. 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 onsite.
7 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.
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PAGE 14
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of June, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C• !" !•
ATTEST: .4 ... %4
Weld County Clerk to the Board
BY:(H. • td OA t014-,
Deputy Clerk to the Board
APP':' ED A
County orney
Date of signature: 1412UI
0
Perry L. Bu Pro -Tern
Mike Freeman
tt K. James
aine
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
UNITED POWER, INC.,
C/O MOUNTAIN PEAK POWER, LLC
USR24-0009
1 Site Specific Development Plan and Use by Special Review Permit, USR24-0009, is 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.
2. Approval of this plan may create a vested property right, pursuant to Section 23-8-10 of
the Weld County Code.
3. The number of full-time employees will be two (2), per 12 -hour shifts.
4. The hours of operation related to construction are 8:00 a.m. to 5:00 p.m., Monday through
Saturday.
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.
6. The property owner or operator shall be responsible for controlling noxious weeds on the
proposed easement, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
7 The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
8. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
9. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way Use Permit, prior to commencement.
10. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement for Construction.
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.
12. The historical flow patterns and runoff amounts on the site will be maintained.
13. Weld County is not responsible for the maintenance of on -site drainage related features.
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14. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
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, C.R.S. §30-20-100.5.
16. Waste materials shall be handled, stored, and disposed of 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 I of the Weld
County Code.
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.
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 of the
Colorado Department of Public Health and Environment, as applicable.
19. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. For employees or contractors who are onsite for less
than two (2) consecutive hours a day, and two (2) or less full-time employees onsite,
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.
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.
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.
22. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
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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.
24. The facility shall adhere to noise levels of 62 DBA to the north and west, and 66 DBA to
the east and south. Noise levels shall be measured 25 feet from the property line.
25. The applicant shall obtain a Colorado Discharge Permit System (CDPS) permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, if applicable.
26. A Spill Prevention, Control, and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available onsite, as applicable.
27. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
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.
29. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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.
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 have been adopted by
Weld County: 2018 International Codes, 2018 International Energy Conservation Code,
and 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, or an Open Hole Inspection shall be required. A Building Permit must be issued
prior to the start of construction.
32. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee
Programs.
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33. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700,
as amended.
34. Construction office trailers, storage trailers, and electrical services to the trailers, are
subject to Building Permits, per Section 29-3-10 of the Weld County Code.
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.
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.
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.
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.
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 the Department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the applicant.
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.
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
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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.
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.
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. Oftentimes, 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.
44. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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