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HomeMy WebLinkAbout20240554.tiffMEMORANDUM TO: Kim Ogle, Planning Services FROM: Melissa J King, PE, DRE DATE: October 23, 2023 SUBJECT: USR23-0039 Public Service Co of Colorado This proposal has been reviewed on behalf of Weld County Department of Public Works and Department of Planning Services. Staff comments made during this phase of the application process may not be all- inclusive, as other issues may arise during the remaining application process. COMMENTS GENERAL PROJECT INFORMATION/LOCATION Project description: A Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public Utility or Public Agency approximately 47.2 miles of new 345 -kilovolt (kV) double circuit electric transmission line including the 58.7 acre laydown yard referred to as the Cervi Yard and the 59.4 -acre laydown yard, referred to as the Sarchet Yard outside of subdivisions and historic townsites in the A (Agricultural) Zone District This project is east of Platteville extending east into Morgan County. Parcel numbers: Various — See Application. Access is from: Various — See Application. ACCESS Development Review has reviewed the application materials related to access. Based on the application materials, multiple temporary access points are proposed for this 47.2 miles of new transmission line and the two laydown yards. Please submit access applications for all the proposed access points. These access points should meet the safety standards and Minimum Access Spacing Criteria, included in Chapter 8 of the Code. It is noted that the applicant has stated that they may request that several of the temporary access points be converted to permanent access points in the future. Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We strongly encourage you to discuss your access with Development Review prior to laying out your site plan to ensure the approved accesses are compatible with your layout. Per Sec. 24-8-40, when feasible, there shall be no net increase in the number of accesses to a public road. Minimum access spacing are shown in Weld County Code, Sec. 8-14-30 Table 1. Please refer to Chapter 8 of the Weld County Code for more information regarding access. ROADS AND RIGHTS -OF -WAY Local County Roads, as designated on the Weld County Functional Classification Map (Code Ordinance 2017-01), require 60 feet of right-of-way. Collector County Roads, as designated on the Weld County Functional Classification map (Code Ordinance 2017-01), require 80 feet of right-of-way. Arterial County Roads, as designated on the Weld County Functional Classification map (Code Ordinance 2017-01), require 140 feet of right-of-way. The applicant shall delineate and label on the USR map the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1- 90, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. Determine if these roads are maintained by Weld County. If any portion of a County road, proposed for use, is under the jurisdiction of a municipality, the municipality has jurisdiction over access to the road. Please contact the municipality to verify the right-of-way requirements, access permit or for any additional requirements that may be needed to obtain or upgrade the permit. If any portion of the project involves state highway right-of-way, contact Colorado Department of Transportation (CDOT) to determine what right-of-way shall be shown on the USR map. Reference the documents creating the right of -way. Please contact Mr. Tim Bilobran at the Greeley office, phone number 970-350-2163. Per, Sec. 8-13-30.B, a Weld County Right -of -Way Use Permit is required for any project that will be occupying, constructing or excavating facilities within, and/or encroaching upon, any County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at https://www.weldgov.com/Government/Departments/Public-Works/Permits Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. TRAFFIC The applicant has provided the following traffic information in the application materials: • Operational traffic — While the transmission line will be operated remotely, there will be 2 vehicles per month that visit the site for inspections and maintenance. • Construction traffic — Construction may take up to 24 months. For the transmission line, there will be a maximum of 40 vehicle roundtrips per day. For the lay down yards, there will be a maximum of 30 vehicle roundtrips per day. Construction vehicles (e.g. concrete trucks, cranes) will deliver the equipment to the construction site. Construction will be phased. No additional traffic information is needed, at this time. However, more traffic information may be required for the access locations that will be changed from temporary to permanent. TRACKING CONTROL Tracking control is required to prevent tracking from the site onto public roadways. For access to paved roads, tracking control devices can be double cattle guards with 100 ft. of asphalt or 300 ft of asphalt. For access to gravel roads, tracking control devices must be either double cattle guards with 100 ft. of road base, or road base on all driving surfaces. Temporary Tracking Control shall be used during construction unless permanent tracking control is installed ahead of construction activities. Recycled concrete is not allowed in County right-of-way. Tracking control for unmaintained public right-of-way is required just prior to entering publicly maintained roadways. A variance request for alternatives to the tracking control requirement can be submitted to Development Review for review and consideration. This site requires approved tracking control during construction. This will include road base and/or other adequate VTC devices. Additional tracking control may be required for access points that will become permanent. ROAD MAINTENANCE AGREEMENT - CONSTRUCTION Development Review is requesting a Road Maintenance Agreement including, but not limited to, dust control and damage repair to specified haul routes. Improvements/Road Maintenance Agreement: An example agreement is available at: https://www.weld.gov/Government/Departments/Planning-and-Zoning/Development-Review . DRAINAGE REQUIREMENTS A portion of the area may be within an Urbanizing Drainage Area: Urbanizing Drainage Areas typically require detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 5 -year storm falling on the undeveloped site for URBANIZING areas. Detention Pond summarized in a Drainage Report: The applicant has submitted a preliminary drainage report for the Cervi laydown yard and a preliminary drainage report for the Sarchet laydown yard. The reports propose the use of retention ponds at both sites. Weld County Code does not allow for retention ponds without an approved variance. Variance requests have been submitted for review. The final drainage reports and variance requests shall be completed by a Colorado Licensed Professional Engineer and is required prior to recording the USR map. The drainage report must include a Certificate of Compliance stamped and signed by the PE. A Certificate of Compliance form can be found on the Development Review website. Detention pond waived and a simple drainage narrative: For the transmission line portion of the project, the applicant has submitted a drainage narrative stating that the site meets drainage exception 5. Pipelines or transmission lines, excluding laydown yards, metering sites, substations, and any other above ground appurtenances. Located in Sec. 8-11-40. Drainage Policy. Final Drainage Reports and Certificates of Compliance, stamped and signed by a professional engineer licensed in the State of Colorado shall be submitted. Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from the property. GRADING PERMIT A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications are accepted after the planning process is complete (plan recorded). An Early Release Request Form may be entertained only after the applicant, Public Works and Planning Department have reviewed the referral and surrounding property owner comments. The Early Release Request may or may not be granted depending on referral comments and surrounding property owner concerns. Contact an Engineering representative from the Development Review for more information. A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575. CONDITIONS OF APPROVAL A. A Road Maintenance Agreement - 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) B. A Final Drainage Report and Certificate of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required for each laydown yard. (Development Review) C. The plan shall be amended to delineate the following: 1. All local County roads, as designated on the Weld County Functional Classification Map require 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the USR map the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. Determine if the roads are maintained by Weld County. (Development Review) 2. All collector County roads, as designated on the Weld County Functional Classification Map require 80 feet of right-of-way at full buildout. The applicant shall delineate and label on the USR map the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. Determine if the roads are maintained by Weld County. (Development Review) 3. All arterial County roads, as designated on the Weld County Functional Classification Map require 140 feet of right-of-way at full buildout. The applicant shall delineate and label on the USR map the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of- way. Determine if the roads are maintained by Weld County. (Development Review) 4. The County Highway (County Road 49) is designated on the Weld County Functional Classification Map as an arterial road which typically requires 140 feet of right-of-way at full build out. The alignment of the road widening project varies along the section line for the corridor. Contact Development Review for the location of the existing and future right-of-way and easements and delineate these on the USR map. (Development Review) 5. Show the CDOT right-of-way on the USR map along with the documents creating the right-of-way. (Development Review) 6. Any portions of county roads, under the jurisdiction of a municipality, shall be shown and labeled with the right-of-way specifics to include the creation documents. Also, include any access points and the access approval of the municipality. (Development Review) 7. Show and label the approved access locations, approved access width and the appropriate turning radii on the USR map. The applicant must obtain an access permit in the approved locations prior to construction. ((Development Review) 8. Show the approved Colorado Department of Transportation (CDOT) access on the USR map and label with the approved access permit number if applicable. (Development Review) 9. Show and label the approved tracking control on the USR map. (Development Review) 10. Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Development Review) 11. Show and label the accepted drainage features. Stormwater ponds should be labeled as "Stormwater Retention, No -Build or Storage Area" and shall include the calculated volume. (Development Review) 12. Show and label the 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) Prior to Construction: A. The approved access and tracking control shall be constructed prior to on -site construction. (Development Review) B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Development Review) DEVELOPMENT STANDARDS (NOTES ON THE USR MAP) 1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review) 2. 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) 3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Development Review 4. 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) 5. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement. (Development Review) 6. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Development Review) 7. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) 8. Weld County is not responsible for the maintenance of onsite drainage related features. (Development Review) COUNTY WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org Memorandum To: Kim Ogle From: Lauren Light, Environmental Health Services Date: October 27, 2023 Re: USR23-0039 Applicant: Public Service Company of Colorado DBA Xcel Energy Environmental Health Services has reviewed this proposal for a Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public Utility or Public Agency approximately 47.2 miles of new 345 -kilovolt (kV) double circuit electric transmission line including the 58.7 acre laydown yard referred to as the Cervi Yard and the 59.4 -acre laydown yard, referred to as the Sarchet Yard outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Permanent water and sewer are not required as the transmission line is a temporary construction use. Portable toilets and bottled water can be utilized during construction of the transmission line and operation of the laydown yard. If the amount of disturbed area exceeds 25 acres, an Air Pollution Emission Notice (APEN) is required. We have no objections to the proposal; however, we do recommend that the following requirements be incorporated into the permit as development standards: 1. 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. 2. 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. 3. 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. Health Administration Vital Records Tele: 970-304-6410 Fax: 970-304-6412 Public Health & Clinical Services Tele:970-304-6420 Fax: 970-304-6416 Environmental Health Services Tele:970-304-6415 Fax: 970-304-6411 Communication, Education & Planning Tele:970-304-6470 Fax: 970-304-6452 Emergency Preparedness & Response Tele:970-304-6470 Fax: 970-304-6452 Public Health 4. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction of the transmission line and until ground cover is established. Uses on the substation property shall comply with the Colorado Air Quality Commission's air quality regulations. 5. 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. 6. Adequate toilet facilities and handwashing units shall be provided. Portable toilets are acceptable. 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. Portable toilets used for construction of the transmission line shall be removed upon completion of the transmission line. 7. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. PROJECT: MEMORANDUM TO: Kim Ogle DATE: October 30, 2023 FROM: Diana Aungst, CFM SUBJECT: USR23-0039, Public Service Co of Colo A Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public Utility or Public Agency approximately 47.2 miles of new 345 -kilovolt (kV) double circuit electric transmission line including the 58.7 acre laydown yard referred to as the Cervi Yard and the 59.4 -acre laydown yard, referred to as the Sarchet Yard outside of subdivisions and historic townsites in the A (Agricultural) Zone District. PARCELs: Multiple COMMENTS: There are 4 floodplains that will be crossed: the South Platte, Box Elder, Lost Creek, and Sand Creek. The South Platte River floodplain has a designated floodway so a No -Rise Certificate is required all others are Approximate Zones. A Floodplain Development Permit (FHDP) will be required for each floodplain — for a total of 4 FHDPs. There can be an increase of 0.3' in the Approximate Zone but 0.00 in the Floodway. DELINEATE ON THE PLAT: 1. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. (Department of Planning Services - Floodplain) PRIOR TO CONSTRUCTION: 1. A Flood Hazard Development Permit is required to cross any 100 -year floodplain. (Department of Planning Services - Floodplain) PLAT NOTES: 1. A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map # 08123C -1905F dated September 17, 2020 (South Platte River Floodplain); # 08123C -1975E dated January 20, 2016 (Box Elder Creek Floodplain); # 08123C -2000E dated January 20, 2016 (Lost Creek Floodplain); and # 08123C -2025E dated January 20, 2016 (Sand Creek Floodplain). Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate, including by not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. (Department of Planning Services - Floodplain) 2. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified. (Department of Planning Services - Floodplain) Submit by Email Weld County Referral October 12, 2023 The Weld County Department of Planning Services has received the following item for review: Applicant: Public Service Company of Colorado Case Number: USR23-0039 dba Xcel Energy Please Reply By: November 9, 2023 Planner: Kim Ogle Project: A Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public Utility or Public Agency approximately 47.2 miles of new 345 -kilovolt (kV) double circuit electric transmission line including the 58.7 acre laydown yard referred to as the Cervi Yard and the 59.4 -acre laydown yard, referred to as the Sarchet Yard outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Parcel Number: Multiple Parcels Legal Description: The Colorado Power Pathways proposed 345 kV Transmission Line route originates at the existing Fort St. Vrain Generating Station (USR-1647) located in Section 10, T3N, R67W. The new transmission line passes through the following Sections: Sections 7, 8, 9, 16, 21, 25, 29, 33, 34 and 35, T3N, R66W; Sections 31 and 32, T3N, R65W; Section 31, T3N, R64W; Section 1, 2, 3, 4, 5, T2N, R65W; Section 1, 2, 3, 4, 5, T2N, R64W; Section 1, 2, 3, 4, 5, 6 and 7, T2N, R63W; Section 4, 5, 6, T2N, R62W; Section 33, 34, 35, 36, T3N, R62W; Section 26, 31, 32, 33, 34, T3N, R61W; and terminates at the Weld County/Morgan County Line in Section 25, T3N, R61W of the 6th P.M. Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: ElWe have reviewed the request and find no conflicts with our interests. nSee attached letter. Jennifer Teeters Digitally signed by Jennifer Teeters Signature Date: 2023.11.01 09:39:05 -06'00' Date 11/1/2023 Agency Weld County Oil and Gas Energy Department Weld County Oil & Gas Energy Department Referral Comments Referring Agency: Weld County Department of Planning Services Reference Number: USR23-0039 Associated Parcel: Multiple Parcels OGED Reviewer: Jennifer Teeters Review Date: November 1, 2023 The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to comment on the captioned planning case. Staff has completed review of the proposal and have no conflicts with the proposed activity. We have included additional comments below: 1. There are several active or proposed 1041 WOGLA Permits on the associated parcel. There are several oil and gas well sites in the area surrounding the parcel. The Laydown Yard crosses LAP19-0007 on parcel 121109000009. The Laydown Yard crosses LAP19-0033 on parcel 130505300013 and 130509100007. The Laydown Yard crosses LAP19-0002 on parcel 130509100007. 2. The parcels includes sixteen (16) active oil and gas wells, listed in Table 1 below. OGED requests that the Applicant coordinate operations in proximity to existing wells and production facilities with the operator(s) of these wells. API Operator Well Title Well Status Parcel 05-123-31244 Kerr McGee Oil & Gas Onshore LP McGuckin H 32-31 SI 121332200033 05-123-35791 Kerr McGee Oil & Gas Onshore LP Cannon 14N-E3HZ PR 130703000013 05-123-35786 Kerr McGee Oil & Gas Onshore LP Cannon 36N-W3HZX PR 130703000013 05-123-35789 Kerr McGee Oil & Gas Onshore LP Cannon 36N-E3HZ PR 130703000013 05-123-35787 Kerr McGee Oil & Gas Onshore LP Cannon 15N-W3HZ PR 130703000013 05-123-36351 Kerr McGee Oil & Gas Onshore LP Dechant 13N-1HZ PR 121336000005 05-123-36349 Kerr McGee Oil & Gas Onshore LP Dechant 35N-W1HZ PR 121336000005 05-123-36352 Kerr McGee Oil & Gas Onshore LP Dechant 35N-E1HZ PR 121336000005 05-123-36419 Kerr McGee Oil & Gas Onshore LP Dechant 14C-1HZ PR 121336000005 05-123-36350 Kerr McGee Oil & Gas Onshore LP Dechant 36N-W1HZ PR 121336000005 05-123-36381 Noble Energy Inc Dechant 37N-E1HZ PR 121336100002 05-123-24794 Noble Energy Inc Waste Management USX Y 3-9 TA 121336100002 05-123-39197 Kerr McGee Oil & Gas Onshore LP Dolph 4N-1HZ PR 130901300003 05-123-39198 Kerr McGee Oil & Gas Onshore LP Dolph 4C-1HZ PR 130901300003 05-123-39196 Kerr McGee Oil & Gas Onshore LP Dolph 3N-1HZ PR 130901300003 05-123-29573 Kerr McGee Oil & Gas Onshore LP Dolph 27-1HZX SI 130901300003 3. The parcels includes six (6) plugged and abandoned (PA) wells listed in Table 2 below. Additional information regarding these plugged and abandoned wells is available from the Energy & Carbon Management Commission (ECMC). OGED recommends that the Applicant review this information and contact the responsible operator regarding well infrastructure that may have been abandoned in place prior to conducting operations in proximity to the wells. API Operator Well Title Well Status Parcel 05-123-29665 Noble Energy Inc Moser X 03-27 PA 121334100003 05-123-31900 Noble Energy Inc Cannon X 02-29 PA 121335000004 05-123-31677 Noble Energy Inc Cannon X 02-27 PA 121335000004 05-123-36382 Noble Energy Inc Dechant 37N-W1HZ PA 121336100002 05-123-12141 PDC Energy Inc L F Ranch 2-4 PA 121336100002 05-123-08669 Noble Energy Inc State 41-5 PA 130105100022 4. The USR lands may include additional oil and gas related infrastructure, such as off -location flowlines or pipeline which are a use by right and not regulated by Weld County. OGED requests that the applicant reviews flowline data available from the ECMC map viewer and utilize Colorado 811 prior to any excavation activities. These comments and recommendations are based upon the review of the application materials submitted by the applicant and other relevant information available on the E -Permit site. Submit by Email Weld County Referral October 12, 2023 The Weld County Department of Planning Services has received the following item for review: Applicant: Public Service Company of Colorado Case Number USR23-0039 dba Xcel Energy Please Reply By: November 9, 2023 Planner Kim Ogle Project: A Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public Utility or Public Agency approximately 47.2 miles of new 345 -kilovolt (kV) double circuit electric transmission line including the 58.7 acre laydown yard referred to as the Cervi Yard and the 59.4 -acre laydown yard, referred to as the Sarchet Yard outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Parcel Number Multiple Parcels Legal Description: The Colorado Power Pathways proposed 345 kV Transmission Line route originates at the existing Fort St. Vrain Generating Station (USR-1647) located in Section 10, T3N, R67W. The new transmission line passes through the following Sections: Sections 7, 8, 9, 16, 21, 25, 29, 33, 34 and 35, T3N, R66W; Sections 31 and 32, T3N, R6SW; Section 31, T3N, R64W; Section 1, 2, 3, 4, 5, T2N, R65W; Section 1, 2, 3, 4, 5, T2N, R64W; Section 1, 2, 3, 4, 5, 6 and 7, T2N, R63W; Section 4, 5, 6, T2N, R62W; Section 33, 34, 35, 36, T3N, R62W; Section 26, 31, 32, 33, 34, T3N, R61W; and terminates at the Weld County/Morgan County Line in Section 25, T3N, R61W of the 6th P.M. Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. 1 We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Agency wit,S 2 f:. thi'EST GREELEY, CONSERVATION DISTRICT Date Figures Figure1: Project Overview Figure 2: Vicinity Map — Project Area and Facilities Overview cOLORADO'S POWER PATHWAY _t r,r 4 ' . 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BPS 2020) a Interstate co U.S. Highway etas State Highway Local Road Railroad Existing Electric Infrastructure gala 2521) --'• 115kV Transmission Line —e— 230kV Transmission Line 345kV Transmission Line Jurisdiction (CCMap 2421) State Conservation Easement Public Land Survey System (BLM 2020) Section e t a.,s.!. Township/Range PREUUMW*9v. 8135 KO' 10 CHANGE The bkenefonconithadherah Wasted b be seam* stdeadabte tot lmlud hleatd aenalit %col EmrprPPtble Storks Compass of Casio mate no nnenly se b ate aedatey et fatality d sty information cMYimdMreh brows by NW peieellt•mcoumcyetNinny tiedeta hbe dlon depicted she & be rutin prior b use. The we tie assumed dal( aid reteoreaUykr any end all demepee, retudrg mmequenbe weeps, wNeh may abe Ism Maeet Mance on tfis hfsrmeSon, C I Fort St fill, re Yr 0.5 1 t 4 Mies Weld County Sheet 1 COLORADO'S POWER PATHWAY Legend Fort St. Vrain Expansion Proposed Transmission Route Segment 1 Pathway Segment 1 to be Placed in Existing Transmission Line Corridor Existing 230kV Transmtsson Line to be Relocated Weld County - Use by Special Review Fort St. Vrain Substation Expansion Area Residence (FA 'crown 2021, nn inw of NAIP sedan] Boundary (COOT 2021, BOLA 21121) Municipal Boundary P-•• I : County Transportation (COOT 2021. Bit 2020) 'Interstate - ..• U.S. Highway State Highway Local Road �--I Railroad Existing Electric Infrastructure (H1FLO 2021) ~-4°— 11 5kV Transmission Line 230kV Transmission Line 345kV Transmission Line Jurisdiction (COMap 20211 State Conservation Easement Public Land Survey System (BIM 2020) Section e Mies •• lY r TawnshipIRange PREt_itaNAirt, e1®,JEcT7OCHANCE The iramtimeonsetrd Nroh I %b ent b oe accurerso andWltstiebattled honai ate ;14 xoelEMEylPubie Service Caape y el Calm& rain no same rdy as b M missy a tulabl t/ d serf iriatelien cantektedhsutie krusa by thid penes. The way of Pio neap and M titonerRfon dirge timed bo rarfiod peer b uta. Tno uex AO twat dl MN and to pomelAtty be emend al demitra,NeiudielccRena Sd&momn,Metemayant tam e were relWncs on No t*fommsdon, 0 0,5 1 .. ,pirm, !N1 '•F' i '.1..t• e�' Ramer $fllf I NOT FOR ConfR6ciloa Per Lw.?'_ljry3t VLF ry%Pwriel M SN, frfr'al'Orninhy Weitt,C WOVANsub,ns1 Weld County Sheet 3 Submit by Email Weld County Referral October 17, 2023 The Weld County Department of Planning Services has received the following item for review: Applicant: H2S2 LLC, c/o ECO Services, LLC Case Number: USR23-0043 Please Reply By: November 14, 2023 Planner Kim Ogle Project: A Site -Specific Development Plan and Use by Special Review Permit for for Oil & Gas Support and Service (fabricating, installing and maintaining containment liners for oil and gas tank battery operations) outside of subdivisions and historic townsites in the A (Agricultural) Zone District Parcel Number 071132100006-R8952875 Legal: Lot A, RECX17-0186 being part of the S2NE4 Section 32, Township 7 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado of the 6th P.M., Weld County, Colorado. Location: West of and adjacent to County Road 53; approximately 0.5 miles north of County Road 74. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. NODate V. 13 Z0203 1 WEST GREELEY CONS RVATICN DISTRIC1 Agency Signature Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 West Greeley Conservation District (970) 356-8097 Below is list the their limitations to the USDA, Weld County Soil Survey. a of soils and according Map Shallow Dwellings Dwellings with Small Septic Tank Prime Farm T S mbol Soil Name Soil Texture Excavations without basements Commercial Absor tion Land if Additional . Comments 56 Renohill Clay Loam Severe No 58 Shingle Loam Severe Severe Severe Severe Severe No . Y •- i • The West Greeley Conservation District recommends 356-8097. If you or the contact our office at (970)GRE that applicant the applicant does an on site soils test prior have any questions please feel free to call to any construction. For a more complete soils description consult the Weld County Soil Survey or office. - 1our i s- 1 W EY ,, f. r , . P . CONS RVATI. ,. I 7 lN .04,04 y _ .r i t ''K" DisTR 4:. ., 4 0 '4 ^_ a I a y., yt .• .a id dif T � Produced by the West Greeley Conservation District Weld County Referral Y October 12, 2023 Submit by Email The Weld County Department of Planning Services has received the following item for review: Applicant: Public Service Company of Colorado Case Number: USR23-0039 dba Xcel Energy Please Reply By: November 9, 2023 Planner: Kim Ogle Project: A Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public Utility or Public Agency approximately 47.2 miles of new 345 -kilovolt (kV) double circuit electric transmission line including the 58.7 acre laydown yard referred to as the Cervi Yard and the 59.4 -acre laydown yard, referred to as the Sarchet Yard outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Parcel Number: Multiple Parcels Legal Description: The Colorado Power Pathways proposed 345 kV Transmission Line route originates at the existing Fort St. Vrain Generating Station (USR-1647) located in Section 10, T3N, R67W. The new transmission line passes through the following Sections: Sections 7, 8, 9, 16, 21, 25, 29, 33, 34 and 35, T3N, R66W; Sections 31 and 32, T3N, R65W; Section 31, T3N, R64W; Section 1, 2, 3, 4, 5, T2N, R65W; Section 1, 2, 3, 4, 5, T2N, R64W; Section 1, 2, 3, 4, 5, 6 and 7, T2N, R63W; Section 4, 5, 6, T2N, R62W; Section 33, 34, 35, 36, T3N, R62W; Section 26, 31, 32, 33, 34, T3N, R61W; and terminates at the Weld County/Morgan County Line in Section 25, T3N, R61W of the 6th P.M. Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: T P F - We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Jeff be { (%Gf7�—Tl�U�Ec-CUUrdGIZ ,r Agency The Farmers Reservoir and Irrigation Company Date 10/17/2023 The Farmers Reservoir and Irrigation Company 80 South 27th Avenue Brighton, CO 80601 PH: 303-659-7373 / FX: 303-659-6077 TO: DATE: FRICO Project# Kim Ogle October 17, 2023 Referrals Weld County EMAILED: October 17, 2023 EMAILED TO: kogle@weld.gov APPLICANT: Public Service Company of CO dba Xcel Energy RE: Planning Use CASE #: USR23-0039 DEAR Ms./Mrs. Ogle: I wish to submit the following information regarding the above referenced project. X The concerns of Farmers Reservoir and Irrigation Company are in the area of encroachment to the Right of Way of the canal. FRICO requires a minimum of 25' on each side of the canal for a maintenance road plus the distance to the toe of the ditch embankment. The boundaries of the Right of Way must be agreed upon. X Drainage is another concern that must be addressed as FRICO does not allow any developed storm flow into our canals. This will apply if any development happens. X Property concerns need to be resolved. X No construction of any structure can be put on our ROW. No use of any sort including pedestrian or vehicle on our ROW is approved. X Please send drainage study and additional information regarding your project so that we may complete our review and that review criteria can be sent to you, if applicable. X FRICO does not accept retention ponds adjacent to our facilities, however, we may grant a variance with submittal of application and engineering deposit for review of drainage plan and other documents. X Canal road may not be used for access without approval and executed agreement. X FRICO will require a license agreement X FRICO will require an access permit X FRICO will require a seepage agreement FRICO No comments on application/proposal X We request to comment again. The applicant has or X has not completed a Project Review Application and submitted a deposit for review fees with the Ditch Company. In addition to the above comments, FRICO's comments are limited to this set of plans. Please email should you have any questions. Sincerely, Cheryl Plucker Cheryl@farmersres.com 720-297-0877 Testers '°lids#ream January 12, 2024 WA E-MAIL Weld County Planning Commission Attn: Kim Ogle, Principal Planner kogle@weld.gov WES DJ GATHERLING LLC AND WES WATTENBERG OIL COMPLEX LLC COMMENTS CONCERNING THE PROPOSED XCEL POWER PATHWAY PROJECT IN WELD COUNTY Re: USR23-0039 and 1MUSR23-99-1236 Applications for Site Specific Development Plan and Use By Special Review Permit for a 1041 Major Facility of a Public Utility To Weld County Planning Commission: WES DJ Gathering LLC, formerly Kerr-McGee Gathering, LLC, ("WDJG") and WES Wattenberg Oil Complex LLC ("WWOC', collectively with WDJG, "WES") submit the following comments in advance of the January 16, 2024 Planning Commission Hearing on the above - referenced USR and 1041 Permit Applications for Xcel's proposed Power Pathway Project ("Proposed Project') in Weld County. These Comments are intended for Planning Commission and Board of County Commissioners consideration. Please add these comments to the record for this proceeding. WES submits these comments to protect its interests as a property owner and pipeline operator in Weld County. Unless mitigated, the Proposed Project will materially interfere with WES's pipeline ROWs in Weld County and cause foreseeable adverse impacts to its pipeline system resulting from Alternating Current ("AC') interference from the high voltage transmission lines. WES urges the Commission and Board to require, as a condition of approval for Xcel's permit applications, that Xcel: (1) continue to cooperate with WES on an AC interference study once Xcel finalizes the route for the Proposed Project; and (2) execute a Reimbursement and Encroachment Agreement with WES which would sets forth Xcel's obligation to reimburse WES for AC interference study and mitigation measures and a process for Xcel and WES to use moving forward regarding construction and interference with WES ROWs. I. Background WES operates approximately 1,950 miles of pipelines in Weld County that gather and transport oil, natural gas, and water on approximately 8,550 active rights -of -way, easements, or similar property interests in the County (collectively, "ROWs"). WES's pipeline operations are critical to the development and production of oil and gas in Weld County and the continued success of the oil and gas industry in the County. WES employs 155 Weld County citizens. Weld County Planning Commission January 12, 2024 Page 2 WES is a longstanding pipeline operator in Weld County with a demonstrated commitment to pipeline safety and stewardship and protection of the lands on which it operates. WES's operations contribute to the economic prosperity of Weld County. WES appreciates its longstanding relationship and partnership with the County. WES takes seriously its commitment to the construction, operation, and maintenance of its pipelines in a manner that ensures their long- term safety and integrity. Xcel first notified WDJG, by letter, of the Proposed Project and its potential effect on existing WDJG pipelines in Weld County on October 19, 2023. WES responded to the letter on November 3, 2023. Since that time the land and technical teams for Xcel and WES have exchanged additional information regarding the Project's impacts on WES. WES appreciates Xcel's cooperation to date. WES has requested that Xcel both continue to cooperate with WES on further evaluation of the effects of the Project on WES pipelines and agree to compensate WES for necessary studies and mitigation measures. 2. The USR and 1041 Permit Applications do not satisfy Weld County's permit approval criteria without appropriate mitigation for pipeline impacts. The Proposed Project must: (1) protect the "health, welfare and safety of the citizens of the County"; (2) "not unduly interfere with existing easements, rights -of -way, other utilities, canals, mineral claims, or roads"; and (3) include a "satisfactory program to mitigate and minimize adverse impacts." Weld County Code § 21-3-340. The Proposed Project must also be "be compatible with existing and allowed uses in the surrounding area" and "not result in a substantial adverse impact on the property in the vicinity of the subject property." Weld County Code § 23-2- 285. The Proposed Project will not meet these criteria unless Xcel appropriately supports the study and mitigation efforts needed to help prevent the foreseeable adverse impacts to WES's pipeline systems from the AC interference caused by the proposed high voltage transmission lines. a. AC interference will unduly interfere with pipeline operations, presents potential public safety considerations, and must be mitigated. The Proposed Project will result in the location of high voltage transmission lines running parallel to and crossing WES's existing pipeline infrastructure. The Applications indicate the Proposed Project will include 71 new miles of new 345 -kilovolt high voltage transmission lines. Initial studies indicate these lines will cross WES's pipelines in at least 30 to 50 sections and run parallel to WES pipelines within 1,000 feet in many other sections_ High voltage transmission lines present a known risk of AC interference with pipelines. Xcel acknowledged this in its October 19 letter to WES. The Proposed Project's proximity to, and co -location along WES's pipeline infrastructure, will result in foreseeable AC interference. Without proper mitigation, the AC current produced by the high voltage transmission lines would increase the level and speed of corrosion of WES's pipelines, which can result in pipeline failure — an unacceptable outcome. Weld County Planning Commission January 12, 2024 Page 3 There are also potential public safety concerns beyond increased corrosion. A person in close proximity to a pipeline where AC voltage is present is, without proper mitigation, at risk of electrical shock. Because of this, unmitigated pipelines in proximity to high voltage transmission lines present a health and safety hazard to WES employees and contractors, and to the general public. Following industry standards, WES intends to further study the potential impact of the Proposed Project once additional details on the route and construction are known. WES will then take the necessary mitigation measures, in accordance with industry standards, to prevent the risk of corrosion from powerline AC interference. b. Construction of the Proposed Project will cause additional interference with WES ROWs. Construction and maintenance of the Proposed Project also will cause direct construction impacts that will unduly interfere with WES's ROWs. Construction equipment used by Xcel or its contractors to construct and maintain the Proposed Project presents risks to the integrity of the pipelines during construction. A mandate to call 811 to locate lines is not sufficient to ensure adequate time for planning around potential damage during construction and maintenance. WES will need to determine where and when the pipelines will be crossed to eliminate risks of damage to the pipeline and the resulting interruption to operations if a pipeline is damaged. Additionally, because the Proposed Project will require installation of mitigation measures to protect WES 's pipelines from AC interference, WES anticipates needing landowner approval to install the necessary mitigation. WES may need to compensate these landowners to obtain the necessary approval to install the mitigation and account for additional surface disturbance and impacts. None of this work or expense would be necessary without Xcel's Proposed Project. This presents an undue interference with WES's ROWs because the Proposed Project may require additional negotiations with, and payments to, landowners regarding existing ROWs. The County should ensure that Xcel compensates WES for all increased costs resulting from the installation of necessary mitigation measures. ****** To address the WES mitigation measures required to prevent adverse impacts from the Proposed Project on WES's pipelines and public safety concerns and to make the Applications compatible with existing uses, WDJG and WWOC jointly request that the Commission and Board condition approval of the Applications on: 1. Requirement that Xcel cooperate with WES's AC interference study once Xcel finalizes the route for the Proposed Project in Weld County; and -:.exas 77380 Weld County Planning Commission January 12, 2024 Page 4 2. Requirement that Xcel execute a Reimbursement and Encroachment Agreement with WES which sets forth (a) a process for Xcel and WES to use moving forward regarding construction and interference with WES rights -of -way and (b) Xcel's obligation to reimburse WES for AC interference study and mitigation measures. We look forward to working with the County and Xcel to ensure County land use planning goals are met and that all safety and health concerns with the Proposed Project are adequately addressed. Please contact me at 303.357.7790 or Jayson.VanShura@westernmidstream.com if you have any questions or comments about this matter. Sincerely, WES I G.� ering LLC n L. VanShura d Manager, Rockies Cc: Sherry Bursey, Managing Senior Counsel From: Shepherd - CDOT, Robert (Mike) <mike.shepherd@state.co.us> Sent: Wednesday, November 8, 2023 10:17 AM To: Kim Ogle <kogle@weld.gov> Cc: Allyson Young - CDOT <allyson.young@state.co.us> Subject: USR23-0039-Xcel Energy -85-76 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Kim, We have worked with Xcel in other counties for this same transmission line. CDOT requests that they get in touch with us to require the appropriate Access permits for any time they are accessing off of the state right of way. If you have any questions please let me know. Mike Shepherd Assistant Access Manager / Utility Permits COLORADO Department of Transportation P (970)324-4823 10601 West 10th Street, Greeley, CO 80634 Mike.shepherd@state.co.us I http://codot.gov/ I www.cotrip.org From: Matz - DNR, Michael <michael.matz@state.co.us> Sent: Thursday, November 2, 2023 2:58 PM To: Kim Ogle <kogle@weld.gov> Cc: loana Comaniciu <ioana.comaniciu@state.co.us> Subject: USR23-0039 Referral Response Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Afternoon Kim Ogle, We have received the proposal for a Site Specific Development Plan and Use by Special Review for Case No. USR23-0039 from Public Service Company of Colorado (doing business as Xcel Energy). The Applicant is requesting a permit for the construction of 47.2 miles of new 345 Ky electric transmission lines, re-routing of an existing transmission line, and an equipment yard addition in Weld County. This referral does not appear to qualify as a "subdivision" as defined in section 30-28-101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office only performed a cursory review of the referral information. Upon review, the applicant intends to use trucked -in water as a supply source during construction for dust suppression. The application mentions water used during construction will be obtained from a local, permitted source, however no specific water service provider or well permit was listed in the application. Without knowing more information about the water supply source to be used during construction, our office is unable to comment on the water supply for this referral. If the applicant provides specific information regarding the source of water during construction, our office will review that documentation and provide comments as needed. Please let us know if you have any questions or concerns. Best Regards, Mike Matz Water Resources Engineer COLORADO Division of Water Resources Department of Natural Resources P 303-866-3581 x 8241 1313 Sherman St., Suite 818, Denver, CO 80203 michael.matz@state.co.us I www.colorado.gov/water Hello