HomeMy WebLinkAbout20241343.tiffMEMORANDUM
TO: Maxwell Nader, Planning Services
FROM: Mike McRoberts, P.E., Development Review
DATE: April 4, 2024
SUBJECT: USR24-0009 Peaker Power Plant
The proposal has been reviewed by Development Review on behalf of the Weld County Department of
Public Works and the Department of Planning and Zoning. 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 1041 Major
Facility of a Public Utility or Public Agency for 165 MW Peaker Power Plant with six (6) combustion turbine
generators utilized for energy generation outside of subdivisions and historic townsites in the A (Agricultural)
Zone District.
This project is north of and adjacent to CR 22 (unmaintained section line road) and is west of and adjacent
to CR 55 (unmaintained section line road).
Parcel number 130509000005.
Access is from CR 55.
ACCESS
Weld County Development Review has reviewed the application materials related to access and
determined that access for this project will be from the northern terminal end of County -maintained County
Road 55 immediately south of unmaintained section line County Road 22.
Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. Please
refer to Chapter 8 of the Weld County Code for more information regarding access.
ROADS AND RIGHTS -OF -WAY
County Road 55 (approximately 100 feet south of the site going south) is a gravel road and is designated
on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which
requires 60 feet of right-of-way. 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
right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is
maintained by Weld County.
County Road 22 (south of and adjacent to the site) is a section line road. Section line right-of-way does not
exist in all sections of Weld County. Weld County commonly refers to these locations as "Non -Maintained
Section Line Right -of -Way." If a road exists, its location in relationship to the public right-of-way should be
verified to ensure trespassing does not occur. If the right-of-way cannot be verified it shall be dedicated or
an adequate easement between property owners shall be provided. Pursuant to the definition of setback in
the Weld County Code, Sec. 23-1-90, the required setback is measured from the right-of-way line. This
road is NOT maintained by Weld County.
County Road 55 (east of and adjacent to the site) is a section line road. Section line right-of-way does not
exist in all sections of Weld County. Weld County commonly refers to these locations as "Non -Maintained
Section Line Right -of -Way." If a road exists, its location in relationship to the public right-of-way should be
verified to ensure trespassing does not occur. If the right-of-way cannot be verified it shall be dedicated or
an adequate easement between property owners shall be provided. Pursuant to the definition of setback in
the Weld County Code, Sec. 23-1-90, the required setback is measured from the right-of-way line. This
road is NOT maintained by Weld County.
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/departments/publicworks/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
Latest ADT on CR 55 counted 212 vpd with 63% trucks. The 85th percentile speed is 40 mph.
The traffic information submitted with the application materials indicated that once the plant if operational
there will be approximately four (4) passenger car/pickup truck daily roundtrips.
The table below shows the anticipated daily vehicular traffic during the three phases of construction.
Vehicle Type
(Daily Trips)
Phase 1 Phase 2 Phase 3
(-2 months) (-8 months) ('"2 months)
Passenger cars
Pickup Trucks
Semi -trucks/ Heavy
Construction Vehicles
30 60 35
12 15 18
4 6 2
To access the site, most traffic will utilize the 1-76 interchange in Keenesburg, head north on County Road
18, turn left onto County 18, then turn right onto County Road 55. This route will be used during and after
construction.
TRACKING CONTROL
No upfront tracking control is required.
ROAD MAINTENANCE AGREEMENT FOR CONSTRUCTON ONLY
Development Review is requesting a Road Maintenance Agreement for Construction 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.weldgov.com/Government/Departments/Planning-and-Zoning/Development-
Review . It will detail the approved haul routes and include a maintenance agreement for the
haul routes.
DRAINAGE REQUIREMENTS
This area IS 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. A final drainage report and detention pond
design completed by a Colorado Licensed Professional Engineer is required prior to recording the USR
map. The drainage report must include a certification of compliance stamped and signed by the PE. A
Certification of Compliance form can be found on the Development Review website. General drainage
report checklist is available on the engineering website.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist on 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 (USR map 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 Development Review
for more information.
COLORADO STORMWATER DISCHARGE PERMIT
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 for Construction is required at this location. Road maintenance
includes, but is not limited to, dust control and damage repair to specified haul routes. (Development
Review)
B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Development Review)
C. If applicable, the applicant shall submit a recorded copy of any agreement signed by all owners of
private property crossed by the access road connecting the terminal end of County Road 55 to the
subject parcel. If such an agreement exists, it shall be for ingress, egress, and utilities and shall be
referenced on the USR map by the Weld County Clerk and Recorder's Reception number.
(Development Review)
D. The plan shall be amended to delineate the following:
1. County Road 55 (south of the site) is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The
applicant shall delineate and label on the USR map the existing right-of-way (along with the creating
documents) and the physical location of the road. All setbacks shall be measured from the edge
of right-of-way. This road is maintained by Weld County. (Development Review)
2. 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 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
site plan. Show and label the section line Right -of -Way as "County Road 22 Section Line Right -Of -
Way, Not County Maintained." All setbacks shall be measured from the edge of right-of-way.
(Development Review)
3. 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
site plan. Show and label the section line Right -of -Way as "County Road 55 Section Line Right -Of -
Way, Not County Maintained." All setbacks shall be measured from the edge of right-of-way.
(Development Review)
4. Show and label the project site's access location on County Road 55. (Development Review)
5. Show and label the approved tracking control on the site plan. (Development Review)
6. Show and label the entrance gate, if applicable. (Development Review)
7. Show and label any 30 -foot minimum access and utility easements needed to provide legal access
to the parcel. (Development Review)
8. Show and label the accepted drainage features. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include the calculated water quality
and detention volumes. (Development Review)
9. Show and label drainage flow arrows. (Development Review)
10. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Development Review)
Prior to Construction:
A. A Weld County Grading Permit shall be acquired. (Development Review)
B. Overweight and/or oversized special transport permits from the Department of Public Works shall be
acquired for all applicable trucks. (Development Review)
C. Right-of-way Use Permits shall be acquired from the Department of Public Works before installation
and/or construction of any aboveground or buried features in or crossing Weld County rights -of -way.
(Development Review)
Prior to Operation:
The applicant shall submit a stamped and signed certification letter from a professional engineer, licensed
in the State of Colorado, stating that the drainage/detention measures have been constructed in accordance
with the accepted drainage report and that all permanent erosion control measures are in place in
accordance with the grading permit's accepted erosion control plans. (Development Review)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
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 for Construction. (Development Review)
6. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be
the responsibility of Weld County. (Development Review)
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)
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Maxwell Nader
From: Ryan Fernandez, Environmental Health Services
Date: April 8, 2024
Re: USR24-0009 Applicant: United Power, Inc. c/o
Mountain Peak Power, LLC
Environmental Health Services has reviewed this proposal for a Site -Specific
Development Plan and Use by Special Review Permit for a 1041 Major Facility of a
Public Utility or Public Agency for 165 MW Peaker Power Plant with six (6) combustion
turbine generators utilized for energy generation outside of subdivisions and historic
townsites in the A (Agricultural) Zone District.
There will be two (2) permanent employees per shift on the site. Portable toilets and
bottled water are required for both construction and once the site is operational.
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.
According to the Noise Study, submitted as part of the application, the site shall comply
with the commercial noise standard with the installation of an acoustic wall.
Environmental Health recommends 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.
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
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, blowing debris, and other potential nuisance conditions. The facility
shall operate in accordance with Chapter 14, Article 1 of the Weld County Code,
and the accepted waste handling plan.
4. 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.
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 drinking, handwashing and toilet facilities shall be provided for
employees and patrons of the facility, at all times. As employees or contractors
are on site for less than 2 consecutive hours a day 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.
7. 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.
8. 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.
9. The facility shall be constructed and operated to ensure that contamination of soil
and groundwater does not occur.
10. 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.
11.The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in 25-12-103 C.R.S. The facility shall comply
with the accepted Acoustics Analysis.
12. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit
from the Colorado Department of Public Health and Environment (CDPHE),
Water Quality Control Division, if applicable.
13.A Spill Prevention, Control and Countermeasure Plan, prepared in accordance
with the applicable provisions of 40 CFR, Part 112, shall be available on site, as
applicable.
14. The facility shall notify the County of any revocation and/or suspension of any
State issued permit.
15. The applicant shall notify the County upon receipt of any compliance advisory or
other notice of non-compliance of a State issues permit, and of the outcome or
disposition of any such compliance advisory or other notice of non-compliance.
16. The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
Weld County Referral
Y
March 12, 2024
The Weld County Department of Planning Services has received the following item for review:
Applicant: United Power, Inc. Case Number: USR24-0009
c/o Mountain Peak Power, LLC
Please Reply By: April 9, 2024 Planner: Maxwell Nader
Project: A Site Specific Development Plan and Use by Special Review Permit for a 1041 Major
Facility of a Public Utility or Public Agency for 165 MW Peaker Power Plant with six (6) combustion
turbine generators utilized for energy generation outside of subdivisions and historic townsites in
the A (Agricultural) Zone District.
Submit by Email
Parcel Number: 130509000005-R5070686 Legal: Part of the SE1/4 of Section 9, Township 2 North,
Range 64 West of the 6th P.M., Weld County, Colorado.
Location: WEST OF AND ADJACENT TO CR 55; APPROXIMATELY 1 MILE NORTH OF CR 20.
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.
r
P
FT
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 Rebecca Sears Date 3/19/2024
Agency Weld County Oil & Gas Energy Department
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
Weld County
Oil & Gas Energy Department
Referral Comments
Referring Agency: Weld County Department of Planning Services
Reference Number: USR24-0009
Associated Parcel: 130509000005-R5070686
OGED Reviewer: Rebecca Sears
Review Date: 3/19/2024
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 no active or proposed 1041 WOGLA Permits on the associated parcel. There are
several oil and gas well sites in the area surrounding the parcel, none directly on the
associated parcel.
2. 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 COGCC map viewer and
utilize Colorado 811 prior to any excavation activities.
This determination is based upon the review of the application materials submitted by the applicant and
other relevant information available on the E -Permit site.
Maxwell Nader
From:
Sent:
To:
Cc:
Subject:
Follow Up Flag:
Flag Status:
Roy Rudisill
Wednesday, March 20, 2024 5:08 PM
Maxwell Nader; David Burns
Roy Rudisill
RE: Referral Agency OEM USR 24-0009
Flag for follow up
Flagged
Hi Max, OEM is good with the documents related to the emergency plan. The one item we would like addressed is
understanding the amount of ammonia they will have on site and make sure they follow the requirements for chemical
reporting under the EPA EPCRA program.
Thanks and let me know if you have any questions.
Roy Radish', Director
Office of Emergency Management
1150 O St. Greeley, Co
970-381-0417 Mobile
970-304-6540 Office
rrudisillOweldgov
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
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protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: noreply@weld.gov <noreply@weld.gov>
Sent: Tuesday, March 12, 2024 1:49 PM
To: Roy Rudisill <rrudisill@weld.gov>; David Burns <dburns@weld.gov>
Subject: Referral Agency Email
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.
The Weld County Planning Department has received a Planning Use By Special Review application, case # USR24-0009, in
which your agency may have an interest. Planning staff requests you review the application materials, and return the
Referral Form to Maxwell Nader by the date specified on the Referral Form attached in the online permitting center. To
1
view application materials, visit https://aca-prod.accela.com/WELD/Default.aspx or navigate to weldgov.com >
departments > planning and zoning > online e -permitting. Then,
* Click on "Planning" tab on the menu bar
* Under General Search, type case# USR24-0009, into the Record Number box and search
* Click on the "Record Info" arrow drop -down menu
* Click on "Attachments" to review the application materials
If you have any questions, please contact your assigned planner: Maxwell Nader at 970-400-6100
Thank you,
Maxwell Nader
1402 North 17th Ave
Greeley, CO 80631
970-400-6100
mnader@weld.gov
2
Applicant: United Power, Inc.
c/o Mountain Peak Power, LLC
Please Reply By: April 9, 2024 Planner: Maxwell Nader
Project: A Site Specific Development Plan and Use by Special Review Permit for a 1041 Major
Facility of a Public Utility or Public Agency for 165 MW Peaker Power Plant with six (6) combustion
turbine generators utilized for energy generation outside of subdivisions and historic townsites in
the A (Agricultural) Zone District.
Submit by Email
Weld County Referral
March 12, 2024
The Weld County Department of Planning Services has received the following item for review:
Case Number: USR24-0009
Parcel Number: 130509000005-R5070686 Legal: Part of the SE1/4 of Section 9, Township 2 North,
Range 64 West of the 6th P.M., Weld County, Colorado.
Location: WEST OF AND ADJACENT TO CR 55; APPROXIMATELY 1 MILE NORTH OF CR 20.
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.
I We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
8 have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature
Agency Jam„ �)cAC) `I1 / rA%1 hrV(<k
Date 51 Zui2i1
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
Southeast Weld Conservation District
P.O. Box 381, Keenesburg, CO 80643
970-427-3358 • sewcdco@gmail.com
Weld County Planning Department
1402 North 17th Avenue
Greeley, CO 80631
March 29th, 2024
To Whom in May Concern:
The Southeast Weld Conservation District previously sent in a letter regarding the United Power,
Inc. Use by Special Review Application. The District would like to make the recommendation
that the applicant implement a revegetation plan after construction, and to manage soil erosion
during construction as well.
Please let us know if you have any questions or concerns.
Madeline Hagan
District Manager
From:
To:
Subject:
Date:
Matt Canterbury
Maxwell Nader
RSR24-0009
Friday, April 26, 2024 12:24:58 PM
:uotGoveC
You
Max,
The United Power/Mountain Peak Power project will be located to the south of an area
(Fruition Development) that has been annexed into the town of Keenesburg. Because of the
proximity to that future development, Keenesburg proposes a pre -annexation agreement with
the landowner.
Keenesburg also wants to ensure the land use to the north of the United Power/Mountain Peak
Power project is buffered appropriately and any impacts are mitigated properly.
Lastly, Keenesburg requests additional Right -of Way along CR 22 and CR 55 that border the
project location.
Please let me know if this needs to be submitted on a different platform, or if you have
additional questions.
Thank you.
Matt Canterbury
Keenesburg Town Manager
Phone: 303-732-4281
91 West Broadway Ave.
Keenesburg, CO 80643
www.townofkeenesburg.com
Weld County Referral
Y
March 12, 2024
The Weld County Department of Planning Services has received the following item for review:
Applicant: United Power, Inc. Case Number: USR24-0009
c/o Mountain Peak Power, LLC
Please Reply By: April 9, 2024 Planner: Maxwell Nader
Project: A Site Specific Development Plan and Use by Special Review Permit for a 1041 Major
Facility of a Public Utility or Public Agency for 165 MW Peaker Power Plant with six (6) combustion
turbine generators utilized for energy generation outside of subdivisions and historic townsites in
the A (Agricultural) Zone District.
Submit by Email
Parcel Number: 130509000005-R5070686 Legal: Part of the SE1/4 of Section 9, Township 2 North,
Range 64 West of the 6th P.M., Weld County, Colorado.
Location: WEST OF AND ADJACENT TO CR 55; APPROXIMATELY 1 MILE NORTH OF CR 20.
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.
r
P
FT
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 Lexi Hamous- NE Land Use Coordinator Date 3/29/2024
Agency Colorado Parks and Wildlife
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
3/29/24, 4:08 PM State.co.us Executive Branch Mail - CPW - #USR24-0009 Review
STATE OF
COLORADO
CPW - #USR24-0009 Review
Hamous-Miller - DNR, Lexi <lexi.hamous-miller@state.co.us>
Hamous-Miller - DNR, Lexi <lexi.hamous-miller@state.co.us>
Draft To: Maxwell Nader <mnader@weld.gov>
Cc: Michael Grooms - DNR <michael.grooms@state.co.us>
Fri, Mar 29, 2024 at 4:07 PM
Hello Maxwell,
CPW has reviewed case # USR24-0009 for the Mountain Peak Power Power Plant project. CPW appreciates that this
was sited outside of our mapped High Priority Habitats. CPW recommends that for the eventual consultation regarding
transmission lines to this Power Plant, CPW recommends they be installed according to Avian Power Line Interaction
Committee (APLIC) standards and outside the raptor nesting season (December 1 through July 31). Also we
recommend installing perching deterrents on the cross members at the top of the poles, and where transformers are
mounted. Thank you for including CPW in the review process for this project. Please let us know if you or the applicant
have any questions.
-Sincerely,
Lexi Hamous, MS (She/Her)
Northeast Region Land Use Coordinator
Colorado Parks and Wildlife
LIVE LIFE
OUTSIDE
6060 Broadway, Denver, CO 80216
303-916-2987
Lexi.Hamous-Miller@state.co.us
CPW's Energy Webpage
El ais ell
•••O
https://mail.google.com/mail/u/0/?ik=4d27ab2f39&view=pt&search=drafts&permmsgid=msg-a:r392688558141603580&dsgt=1 &simpl=%23msg-a:r392... 1/1
Aso
March 18, 2024
COLORADO
Division of Water Resources
Department of Natural Resources
Maxwell Nader
Weld County Department of Planning Services
Transmission via email: mnader@weldgov.com
Re: United Power, Inc. - Site Specific Development Plan and Use by Special Review Permit
Case No. USR24-0009
Part of the SE 1/4 of the SE 1/4, Sec. 9, T 2N, R 64W, 6th P.M.
Water Division 1, Water District 1
Dear Maxwell Nader:
We have received the March 12, 2024 proposal for a site specific development plan and use by
special review permit for a 1041 Major Facility of a Public Utility or Public Agency in the A
(Agricultural) Zone District for a 165 MW Peaker Power Plant with six combustion turbine generators
utilized for energy generation.
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 will only perform a cursory review of the referral
information and provide informal comments. The comments do not address the adequacy of the
water supply plan for this project or the ability of the water supply plan to satisfy any County
regulations or requirements. In addition, the comments provided herein cannot be used to guarantee
a viable water supply plan or infrastructure, the issuance of a well permit, or physical availability
of water.
There was no proposed water supply for the facility. A review of our office's records found well
permit no. 210934 located on the subject property.
Well permit no. 210934 was issued on June 25, 1998 to withdraw 3 acre-feet per year from the
nontributary Laramie -Fox Hills aquifer underlying 20 acres for ordinary household purposes inside
one single-family dwellings, the watering of domestic animals and the irrigation of not more than
one acre of home gardens and lawns. If the applicant plans to use the well for the power plant, a
commercial and/or industrial well permit allowing such uses must first be obtained.
The applicant should be aware that any proposed detention pond for this project, must meet the
requirements of a "storm water detention and infiltration facility" as defined in section 37-92-
602(8), Colorado Revised Statutes, otherwise the structure may be subject to administration by this
office. The applicant should review DWR's Administrative Statement Regarding the Management of
Storm Water Detention Facilities and Post-Wildland Fire Facilities in Colorado to ensure that the
notification, construction and operation of the proposed structure meets statutory and
administrative requirements. The applicant is encouraged to use Colorado Stormwater Detention
and Infiltration Facility Notification Portal, located at
https://maperture.digitaldataservices.com/gvh/?viewer=cswdif, to meet the notification
requirements. Should the applicant retain storm water beyond those requirements of storm water
detention and infiltration facility, the applicant would need to acquire a water right and a water
court approved augmentation plan in order to retain the water out of priority.
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water
Jared Polis, Governor I Dan Gibbs, Executive Director I Tracy L. Kosloff, Acting State Engineer/Director
USR24-0009
March 18, 2024
Page 2 of 2
If you or the applicant have any questions, please contact Ailis Thyne of this office at 303-866-3581
x8216 or at ailis.thyne@state.co.us.
Sincerely,
loana Comaniciu, P.E.
Water Resource Engineer
Ec: Referral no. 31249
Well permit nos. 210934
Xcel Energy"
PUBLIC SERVICE COMPANY
April 8, 2024
Weld County Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Attn: Maxwell Nader
Re: Mountain Peak Power Project, Case # USR24-0009
Right of Way & Permits
1123 West 3'd Avenue
Denver, Colorado 80223
Telephone: 303.571.3306
Facsimile: 303.571.3284
Donna.L.George@xcelenergy.com
Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk
has reviewed the documentation for Mountain Peak Power Project. Please be aware
PSCo has existing overhead high-tension electric transmission lines and associated
land rights within the proposed project area. Any activity including grading, proposed
landscaping, erosion control or similar activities involving our existing right-of-way will
require Public Service Company approval. Encroachments across PSCo's easements
must be reviewed for safety standards, operational and maintenance clearances,
liability issues, and acknowledged with a PSCo License Agreement to be executed with
the property owner. PSCo is requesting that, prior to any final approval of the plan, it is
the responsibility of the property owner/developer/contractor to have this project
assigned to a Land Rights Agent for development plan review and execution of a
License Agreement (via either website www.xcelenergy.com/rightofway or email
coloradorightofway@xcelenergy.com).
As a safety precaution, PSCo would like to remind the developer to contact Colorado
811 for utility locates prior to construction.
Donna George
Right of Way and Permits
Public Service Company of Colorado dba Xcel Energy
Office: 303-571-3306 — Email: Donna.L.George@xcelenergy.com
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