HomeMy WebLinkAbout20240549.tiffPlanner:
Case Number:
Applicant:
Address:
Request:
Legal
Description:
LAND USE APPLICATION
SUMMARY
Kim Ogle Hearing Date: January 16, 2024
USR23-0039
Public Service Company of Colorado, an Xcel Energy Company
c/o Jennifer Chester, Manager— Siting & Land Rights
1800 Larimer Street, Denver, Colorado 80202
Site Specific Development Plan and Use by Special Review Permit, USR23-0039, for
a 1041 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 - Public Service Company of Colorado, a Colorado
corporation conducting business as Xcel Energy
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,
Township 3 North Range 67 West. The new transmission line passes through the
following Sections. Sections 11 and 12 Township 3 North Range 67 West. Sections
7, 8, 9, 16, 21, 25, 26, 28, 33, 34 and 35 Township 3 North, Range 66 West; Sections
30, 31 and 32 Township 3 North, Range 65 West, Section 31, Township 3 North,
Range 64 West; Section 1, 2, 3, 4, 5, Township 2 North, Range 65 West; Section 1,
2, 3, 4, 5, and 6 Township 2 North, Range 64 West; Section 1, 2, 3, 4, 5, 6 and 78
Township 2 North, Range 63 West; Section 4, 5, 6 Township 2 North, Range 62 West;
Section 33, 34, 35, 36 Township 3 North, Range 62 West; Section 25, 26, 31, 32, 33,
34, 35 and terminates at the Weld County I Morgan County Line in Section 25,
Township 3 North, Range 61 West of the 6th P.M. Weld County Colorado
Location: Generally located east County Road 19; West of County Road 97; North of County
Road 22 and south of and adjacent to County Road 36
Size of Parcel:
± 984.4 acres within the
150 -foot transmission line
R -O -W corridor
Parcel Numbers. Multiple
The criteria for review of this Special Review Permit are listed in Chapter 21 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
• The Farmers Reservoir and Irrigation Company referral dated October 17, 2023
• Weld County Department of Planning Services — Development Review, referral dated October 23,
2023
• Weld County Department of Public Health and Environment, referral dated October 27, 2023
• Weld County Department of Planning Services — Floodplain Administrator, referral dated October 30,
2023
USR23-0039, Public Service of Colorado
Page 1 of 20
■ Weld County Oil & Gas Energy Department, referral dated November 1, 2023
■ Colorado Division of Water Resources, referral dated November 2, 2023
■ Colorado Department of Transportation, referral dated November 8, 2023
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
■ Weld County Sheriff's Office, referral dated October 12, 2023
■ State of Colorado Geological Survey, referral dated October 12, 2023
■ Platteville-Gilcrest Fire Protection District, referral dated October 13, 2023
■ Fort Lupton Fire Department, referral dated October 13, 2023
■ Weld School District RE -8, referral dated October 18, 2023
■ Central Weld County Water District, referral dated November 3, 2023
■ West Greeley Conservation District, referral dated November 13, 2023
■ City of Fort Lupton, referral dated November 21, 2023
The Department of Planning Services' staff has not received responses from the following agencies:
■ Phillips 66
■ Oneok, Inc.
■ Platteville Ditch
■ Town of Milliken
■ East Neres Canal
■ Noble Energy, Inc.
■ United Power, Inc.
■ Town of Platteville
■ Platte Valley Canal
■ Speer Neres Canal
■ DCP Midstream, LP
■ Chevron Corporation
■ Town of Keenesburg
■ Level 3 Communications
■ White Cliffs Pipeline, LLC
■ Rose Rock Midstream, LP
■ Tallgrass Energy Partners
■ Weld School District RE -1
■ Weld School District RE -3J
■ Panhandle Eastern Pipeline
■ US Fish and Wildlife Service
■ Weld School District RE -50J
■ US Army Corps of Engineers
■ Weld County Extension Office
■ Saddlehorn Pipeline Company
■ Lupton Bottom Ditch Company
■ Hudson Fire Protection District
■ Platte Valley Conservation District
■ State of Colorado Historical Society
■ Southeast Weld Conservation District
■ Meadow Island #1 Irrigation Company
■ Meadow Island #2 Irrigation Company
■ Burlington Northern Sante Fe Railroad
■ Southeast Weld Fire Protection District
■ Tri-State Generation and Transmission, Inc.
■ State of Colorado Public Utilities Commission
■ Weld County Office of Emergency
Management
■ State of Colorado Bureau of Land
Management
■ State of Colorado Fish & Wildlife
Conservation Service
■ State of Colorado Division of Reclamation
Mining and Safety
■ US Department of Energy, Western Area
Power Administration
■ Weld County Department of Planning Services
- Code Compliance
■ US Department of Transportation, Federal
Aviation Administration
USR23-0039, Public Service of Colorado
Page 2 of 20
Case Summary:
Public Service Company of Colorado (PSCo), a Colorado corporation conducting business as Xcel Energy
(Xcel Energy), is seeking approval of a 1041 Major Facility of a Public Utility or Public Agency for
approximately 47.2 miles of new 345 -kilovolt (kV) double circuit electric transmission line known as the
Pathway Project (Pathway) aligned within a new 150 -foot in width right-of-way,
the relocation of 4.5 miles of existing single -circuit 230 -kV electric transmission line within the USR-1236
right-of-way to accommodate engineering requirements for crossing of the existing transmission lines within
the USR-1236 right-of-way, a 58.7 -acre laydown area (referred to as the Cervi Yard), and a 59.4 -acre
laydown area (referred to as the Sarchet Yard). The proposed route in Weld County is generally located in
central Weld County in an east -west direction. The proposed route crosses U.S. Highway 85 north of
Platteville and Interstate Highway 76 east of Roggen.
Pathway is a $1.7 to $2 billion investment to improve the state's electric grid and enable future renewable
energy development around the state. Pathway will increase electric reliability, boost the regional economy
and create jobs during construction. Pathway includes the installation of approximately 550 to 610 miles of
new 345 -kilovolt (kV) double -circuit transmission line; four new electric substations; and expansion,
equipment additions, or equipment upgrades at four existing electric substations.
Pathway will be constructed in five segments, with an optional sixth segment, with each new or expanded
electric substation serving as endpoints for the transmission line segments. This permit is specific to
Segment 1: Fort St. Vrain (Weld County) — Canal Crossing (Morgan County)
DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED BASED ON THE FOLLOWING APPROVAL CRITERIA:
1. The submitted materials are in compliance with the application requirements of Chapter 21 of the Weld
County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 21-3-340. A of the Weld County Code, as follows:
A. Section 21-3-340.A.1— The health, welfare and safety of the citizens of the County will be protected
and served.
The Design Standards (Section 23-2-240), Operation Standards (Section 23-2-250), Conditions of
Approval, and Development Standards ensure that there are adequate provisions for the protection
of health, safety, and welfare of the inhabitants of the neighborhood and County.
B. Section 21-3-340.A.2-- The natural and socio-economic environment of the County will be
protected and enhanced.
There are no significant geologic hazards or geologic areas of importance and there are no
prevalent natural hazards in the area that will affect, or be affected by, Pathway. Historically the
area has been dominated by irrigated and dryland crop production, rangeland uses, very limited
residential development and oil and gas activities. The proposed alignment moves through dryland
and non -irrigated lands and around oil and gas infrastructure and irrigation pivots.
During the construction period, the local economy may see a small influx of dollars and a small
increase in sales tax revenue.
There are no adverse socio-economic constraints associated with Pathway. Pathway would
generate additional tax revenue for Weld County and is consistent with the Economic development
goals and objectives described in the Weld County Comprehensive Plan (Weld County 2020-13).
USR23-0039, Public Service of Colorado
Page 3 of 20
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 transmission line corridor alternatives were evaluated to address the needs of Pathway.
Alternative A: No Action
Taking no action would result in limited electric transmission facilities in the Eastern Plains region
of Colorado that currently do not have adequate capacity to meet the forecasted demand, nor meet
Colorado's clean energy goals. The No Action Alternative does not meet the needs associated with
the network transmission system that can integrate these new generation resources, wind and
solar, into the state's interconnected grid system, which is needed to meet Colorado's clean energy
goals.
Alternative B:
Public Service of Colorado identified the location for the new transmission line alignments during
public open house beginning in the Fall of 2021, followed by a second open house in the Winter of
2022. Routing a transmission line requires a comprehensive review of factors including electric
system planning, project costs, environmental and cultural resources, public involvement,
regulatory compliance, existing and planned land use, land rights and system engineering.
Pathway completed a comprehensive Suitability Analysis involved gathering and mapping
resource, land use, and infrastructure data for the Study Area and Siting Study Area; determining
routing and siting criteria based on compatibility with the proposed electric infrastructure; and
ground truthing the corridor to verify the mapped data, to meet with local jurisdictions and key
stakeholders and to gather feedback. This extensive data collection effort identified existing
transmission corridors, land use, oil and gas infrastructure, surface water, critical habitat,
jurisdiction and formally designated lands, and conservation easements. The resource data was
categorized as suitable, sensitive or exclusion areas based on assessed compatibility with
development of electric infrastructure.
Suitable areas were identified as areas that are less likely to be negatively impacted by construction
and/or operation of transmission lines and compatible with adjacent land uses and a lack of
sensitive resources. Suitable areas included land proximate to existing roads; existing land owned
by Public Service Company of Colorado; areas of lesser sensitive species habitat value;
undeveloped areas; and state, federal, and privately owned land with compatible uses.
Sensitive areas were those where environmental impacts and/or land use conflicts may occur with
the construction and/or operation of transmission lines. Impacts in these areas can often be
mitigated.
Exclusion areas were locations with the highest level of sensitivity and the greatest potential
environmental, social, and economic impacts; permitting requirements; or prohibition by state or
federal regulations.
The Pathway team also met with Weld County planning staff to discuss local resources, and concerns
to consider during routing. The Pathway team also met with agency representatives from Colorado
Parks and Wildlife, U.S. Fish and Wildlife Service and the State Land Board to discuss unique
agency concerns to consider during the Routing and Siting Study process.
Identifying the location of the preferred route was accomplished through a process that included
engaging the public, landowners and other stakeholders. Cultural and historic resources, technical
and engineering requirements, environmental constraints, existing and planned land use and other
USR23-0039, Public Service of Colorado
Page 4 of 20
factors that stakeholders have told the applicant are important to consider are evaluated and
compared for transmission line route options.
The preferred route heads east out of the existing Fort St. Vrain Substation for approximately 5
miles before traveling south to County Road 26 and follows County Road 26 east and moves
through and around oil and gas infrastructure and irrigation pivots, maximizing distance along
existing linear corridors and minimizing numbers of landowners and parcels crossed. Existing
access roads and section lines are utilized to travel east to 1-76 where the route jogs north around
the community of Roggen, where the transmission line crosses 1-76 and continues east into Morgan
County.
Public Outreach
Two (2) virtual routing and siting public meetings were held on September 23, 2021, one in the
afternoon and one in the evening for stakeholders to learn about the progress made on Pathway,
including the development of Focus Areas for identification of transmission line routes and
substation sites. These meetings were held virtually due to restrictions on large gatherings due to
COVID-19. A total of 63,982 postcards were sent to all mailing addresses within the segment Study
Areas announcing the meeting dates, times, and connection information. Thirty-six newspaper ads,
a social media post on Facebook, an e -newsletter, and the hotline, email, and website. A formal
public comment period ran from October 5 to November 24, 2022 in conjunction with the open
houses. A paper comment form was distributed at the open houses and was available for download
on the Pathway website. An electronic version of the comment form was also available on the
website and included a copy of the interactive project map so users could drop a pin to comment
on a specific location.
Identifying the location of the preferred route was accomplished through a process that included
engaging the public, landowners and other stakeholders. Cultural and historic resources, technical
and engineering requirements, environmental constraints, existing and planned land uses and
other factors that stakeholders have told Xcel Energy are important to consider are evaluated and
compared for transmission line route options. Oil and gas infrastructure, agriculture pivots,
residential subdivisions and planned development were major factors in identifying the preferred
and alternative routes. The size of the Focus Area and number of preliminary transmission line links
resulted in numerous proposed transmission line combinations.
D. Section 21 -3 -340.A.4 --A satisfactory program to mitigate and minimize adverse impacts has been
presented.
The State of Colorado Geological Survey in a referral dated October 12, 2023 and the State of
Colorado Division of Parks and Wildlife, in a referral dated November 4, 2023 both indicated they
reviewed the request and find no conflicts with their interests.
The State of Colorado Bureau of Land Management, State of Colorado Division of Reclamation
Mining and Safety, State of Colorado Fish & Wildlife Conservation Service and the State of
Colorado Historical Society did not return a referral response.
Additionally, the US Army Corps of Engineers, US Fish and Wildlife Service, US Department of
Energy - Western Area Power Administration were also provided with an opportunity to review the
application and a referral response was not received from any Federal agency.
The parcels adjacent to the line include agricultural property, residential uses, and oil and gas
development. There are existing electric transmission and pipelines that are in place and intersect
the transmission line corridor. Multiple residences are located within one hundred fifty (150) feet of
the centerline of the proposed corridor. Residences are sparse within the rural parts of the corridor
and are more concentrated near municipalities. The alignment crosses 73 landowners who own
140 parcels. The line is adjacent to a road for 7.8 miles and adjacent to existing transmission lines
for 11.9 miles. The distance between the transmission line and is homes is maximized where
USR23-0039, Public Service of Colorado
Page 5 of 20
possible, there are no residences within 150 feet of the transmission line corridor, and only 31
residences within one quarter mile of the corridor. Four subdivisions were identified as within one -
quarter mile of the line and approximately 5.5 miles of transmission line crosses a mapped
floodplain.
Impacts to most vegetation will be temporary and limited to the 150 -foot -wide right-of-way and
temporary construction areas. The right-of-way will be cleared of tall vegetation for ongoing
maintenance. Measures will be implemented to minimize the spread of noxious weeds in the right-
of-way. To avoid or minimize impacts to aquatic habitat within the right-of-way, surface waters,
riparian areas, and wetlands in areas at a crossing will be spanned as practicable. Pathway will
adhere to best management practices and erosion control measures outlined in the storm water
management plan.
Surveys were also conducted for wetlands and other waters. There were no wetlands delineated
within the proposed transmission line corridor or right-of-way. One (1) river, South Platte River and
associated 100-yer floodplain and two (2) creeks — Box Elder Creek and associated 100 -year
floodplain and the Lost Creek and associated 100 -year floodplain were mapped as well as multiple
irrigation ditches and canals were located within the landscape. No drainages or wetlands would
be permanently impacted by the transmission line or construction laydown yards. Transmission line
structures would not be placed in wetlands and access roads would be routed around wetlands, to
the extent feasible. Any impacts to wetlands or stream crossings during construction would be
temporary and all disturbances would be reclaimed.
Pathway corridor area is likely to support a variety of common wildlife such as coyote, fox, skunk,
rabbits, and various birds. There is no designated critical wildlife habitat in the vicinity of the project.
Pathway impacts to wildlife are expected to be minimal and limited to temporary disturbance. For
the entire corridor length there are forty-one (41) active raptor nests. The transmission line corridor
does not encroach on any cemeteries, National Register of historic properties, state register and
local landmark sites within seventy-five (75) feet of the proposed transmission line corridor. There
are no areas of geologic importance in the vicinity of Pathway.
Colorado Parks and Wildlife reviewed the proposal and found no conflicts with their interests as
stated in a referral dated November 4, 2023.
Weld County Oil & Gas Energy Department indicates that there are several oil and gas
encumbrances on or near the two (2) laydown yard locations. Additionally, there are several active
oil and gas production sites or proposed WOG LA Permits adjacent to the transmission line and the
proposed laydown yards. Further there are two (2) documented pipeline corridors near the laydown
yards as stated in their referral dated November 1, 2023.
E. Section 21 -3 -340.A.5 --The nature and location or expansion of the facility complies with all
applicable provisions of the master plan of this County, and other applicable regional, metropolitan,
state and national plans.
The preferred transmission line alignment is within the three (3) mile referral area for the City of Fort
Lupton and Towns of Keenesburg, Platteville and Milliken. The City of Fort Lupton returned a
referral dated November 21, 2023 that indicates that the city has reviewed the request and find no
conflicts with their interests. The Towns of Keenesburg, Platteville and Milliken did not respond to
the referral request.
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.
The applicant states careful site planning can be developed with only a localized loss of rangeland
land quality. Ground disturbance for the transmission line is generally limited to the area
immediately around the base of each pole. The temporary construction areas would occur on lands
USR23-0039, Public Service of Colorado
Page 6 of 20
previously removed from agricultural use and agricultural practices could continue on adjacent
lands.
It is anticipated that one 12 -hour shift per day (Monday through Saturday) will be worked during
transmission line construction, but additional hours may be required. This will be during daylight
hours, early morning to early evening. The number of construction workers on site at any one time
at any work area will be approximately sixty (60) to eighty (80) for the new transmission line when
all phases are active. Construction is expected to last twenty-four (24) months with a target in-
service date in spring/summer 2026.
Pathway would generate infrequent trips to the transmission line during operation; the line would
be inspected annually and occasionally for maintenance by up to six (6) Public Service of Colorado
(PSCo) employees or associated contractors.
It is anticipated that an average of twenty (20) to thirty (30) trucks per day will be utilized during
construction of the transmission line for crews, spotting materials, framing poles, and erecting
poles. Concrete truck deliveries will be made daily when the foundations and piers are being
constructed. Multiple deliveries of concrete (up to twenty (20) to thirty (30) per day) will be required
daily at certain stages of construction. Materials will be delivered to the laydown yards at the onset
of construction. An additional ten (10) to fifteen (15) trucks will be needed to deliver steel poles,
conductor, anchor bolts, and foundation materials daily to work areas. The impact to local roads
will vary day by day as the construction moves along the route.
Given the relatively short construction schedule, the site will not generate significant demands on
community services such as the school district.
No adverse effects on county roads are anticipated. Public Service of Colorado will work with the
Weld County Planning Services — Development Review, Access to determine the appropriate
access to the temporary construction areas. All mobile construction equipment would be certified
to operate on Interstate highways. There may be short periods of time when traffic would be halted
on County Roads to allow construction vehicles to enter and exit the construction area. A Road
Maintenance Agreement during construction will be required prior to commencing operations to
address impacts or upgrades required to County Roads.
The Fort Lupton Fire Protection District returned a referral dated October 13, 2023 indicting they
had reviewed the request and find no conflict with their interests. The Hudson Fire Protection
District did not return a referral.
The preferred transmission line alignment and proposed laydown yards are within the three (3) mile
referral area for the City of Fort Lupton and Towns of Keenesburg, Platteville and Milliken. The
City of Fort Lupton returned a referral dated November 21, 2023 indicating the city has reviewed
the request and find no conflicts with their interests. The Towns of Keenesburg, Platteville and
Milliken did not respond to the referral request.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
Pathway would have a small beneficial impact to the nearby communities including the City of Fort
Lupton and Towns of Keenesburg, Platteville and Milliken. It is anticipated that Pathway would have
a small beneficial impact to the larger metropolitan cities. Construction contractors, regardless of
origin, would likely spend some money in these communities for fuel, food, or other supplies. During
the construction period, the local economy may see a small influx of dollars and a small increase
in sales tax revenue.
Pathway is located within District 2 and District 3 of the Weld County Sheriff's Department and is
within the jurisdiction of the Hudson Fire Protection District and the Southeast Weld Fire Protection
USR23-0039, Public Service of Colorado
Page 7 of 20
District. Public roads are maintained by the State of Colorado and Weld County Department of
Public Works. The nearest hospital to the west side of Pathway is the Platte Valley Medical Center
in Brighton and to east is the Centura St. Elizabeth Hospital in Fort Morgan. None of these services
are expected to be affected unless emergency situations occur.
There are no adverse socioeconomic impacts associated with the transmission line and Pathway
would generate additional tax revenue for Weld County. Pathway is consistent with the Economic
Development Goals and Policies described in the Weld County Comprehensive Plan (Weld County
2020). Once Pathway has been constructed, it will facilitate ongoing job opportunities and tax
revenue in the clean energy projects (wind, solar, etc.) that ultimately interconnect to the Pathway
transmission line.
H. Section 21-3-340.A.8-- The facility site or expansion area is not in an area with general
meteorological and climatological conditions which would unreasonably interfere with or obstruct
normal operations and maintenance.
The proposed site is not located in an area with meteorological or climatological conditions which
may unreasonably interfere with or obstruct normal operations and maintenance.
I. Section 21 -3 -340.A.9 --The nature and location of the facility or expansion will not adversely affect
the water rights of any upstream, downstream or agricultural users, adjacent communities or other
water users.
The application states that Pathways will not impact hydrologic flow of either surface water or
groundwater, nor will it affect groundwater recharge. Existing drainage patterns will be preserved.
Transmission line poles will be in floodplain areas and are not located in defined river or stream
channels, appropriately sized culverts will be installed to maintain channel flow and morphology.
Weld County Department of Planning Services — Floodplain Administration indicates there are four
(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 feet in the Approximate Zone
but 0.00 in the Floodway as stated in their referral dated October 30, 2023.
J. Section 21-3-340.A.10 - Adequate water supplies are available for facility needs.
Bottled water will be used during construction of the transmission line and substation. Pathway
would have no impacts on vested water rights. Construction water and water to suppress dust
during construction activities would be trucked into the area. The applicant is working diligently on
identifying a water source for Pathway.
State of Colorado Division of Water Resources returned a referral dated November 2, 2023, stating
"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."
K. Section 21-3-340.A.11— The nature and location of the facility or expansion will not unduly interfere
with existing easements, rights -of -way, other utilities, canals, mineral claims or roads.
USR23-0039, Public Service of Colorado
Page 8 of 20
Agreements with holders of existing easements, rights -of -way, utility, ditch, mineral or roads will be
obtained as appropriate once the Weld County permitting processes are complete.
The Colorado Department of Transportation (CDOT) in their referral dated November 8, 2023
indicates "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."
The Farmers Reservoir and Irrigation Company raised several concerns including encroachment
into the right-of-way associated with their irrigation structures. Further requesting multiple
agreements to mitigate their concerns as stated in their referral dated October 17, 2023.
As a Condition of Approval, prior to recording the 1041 USR map, evidence of recorded easements,
rights -of -way and similar binding agreements shall be submitted to the Department of Planning
Services for inclusion in the case file.
L. Section 21 -3 -340.A.12 --Adequate electric, gas, telephone, water, sewage and other utilities exist
or shall be developed to service the site.
This is an unmanned facility consisting of 47.2 miles of 345 -kilovolt (kV) transmission line from
PSCo — Xcel Energy St. Vrain Power Generating Plant near Platteville to the Morgan County Line.
The Transmission Line and two temporary construction area storage yards are temporary;
therefore, permanent utility services are not required post construction.
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 November 4, 2023, indicating no
concerns with their interests. The State Historical Society, US Fish and Wildlife Service and US
Army Corps of Engineers did not return a referral response.
Pathway is characterized by industrial facilities specifically the St. Vrain Power Plant complex, oil
and gas wells, natural gas compressor station facilities, communication facilities, oil and gas
pipelines, a photovoltaic solar facility, a landfill, a tire recycling facility, and several existing high
voltage transmission lines and electric distribution lines. Agricultural facilities located near Pathway
facilities include cultivated crops, cattle feed yards, a confined animal feeding operation, and a
meat processing facility. Other linear infrastructure, including railroads, Interstate Highways, U.S.
Highways, and local roads exist in proximity to Pathway. The surrounding vegetation is primarily
irrigated and non -irrigated land, pastureland and grassland. Permanent removal of vegetation
would occur at structure sites and temporary construction areas. Construction would occur primarily
in areas that have been previously disturbed and impacts to native vegetation communities are
expected to be minimal. Most access would be overland or along existing County roads, and
minimal vegetation would be disturbed from roads.
Federal, state, and local agencies designate areas to help conserve habitats critical to migratory
birds and other sensitive species. The project area states there are no federally or state -managed
conservation areas within one (1) mile of proposed Pathway facilities in Weld County. In addition,
no Critical Habitat designated by the U.S. Fish and Wildlife Service is mapped in the same area.
Project 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.
USR23-0039, Public Service of Colorado
Page 9 of 20
Construction would last approximately twenty-four (24) months. Construction activities associated
with the proposed transmission line would generate less than significant amounts of particulate
matter from soil disturbances and diesel -powered equipment, and less than significant amounts of
carbon monoxide and the precursor pollutants to ozone formation from tailpipe emissions.
Any air pollutants generated would be widely dispersed across the Pathway area, short term
in duration, and minimized by the small scale of construction operations, and excavating
foundations and placing single pole transmission structures. Air pollutants also would be
minimized through implementation of dust suppression and proper vehicle maintenance.
Therefore, Project construction is not expected to contribute to the air quality status in the area.
There would be no long-term air quality effects associated with routine operation and maintenance
of the proposed transmission line. Once construction activities have been completed, but before
vegetation has been re-established, some minor amount of additional dust could occur. The
generation of dust would be monitored by PSCo, and the appropriate action would be taken to
control the dust and ensure that potential wind erosion is minimized.
Weld County is an attainment area for all measured pollutants, including particulate matter
smaller than 10 micrometers in diameter (PM10). No air emissions would result from operation
of the transmission line.
Weld County Public Health and Environment in their referral dated October 27, 2023 indicated if
the amount of disturbed area exceeds twenty-five (25) acres, an Air Pollution Emission Notice
(APEN) is required.
There would be no alteration in the pattern or intensity of surface drainage as a result of
construction or operation of the transmission line and all temporary construction areas will have
an accepted grading plan if disturbing more than one acre and an accepted drainage plan.
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.
The Colorado Geologic Survey returned a referral response dated October 12, 2023 indicting they
had reviewed the request and find no conflicts with their interest. West Greeley Conservation District
provided general soil information in their referral dated November 13, 2023. Platte Valley
Conservation District, Southeast Weld Conservation District, Weld County Extension and the State
of Colorado Bureau of Land Management did not return a referral response indicating a conflict
with their interests.
The surrounding vegetation is primarily grassland and herbaceous cover at seventy-three (73)
percent of transmission line corridor and cultivated crops at approximately seventeen (17) percent
of corridor. Permanent removal of vegetation would occur at structure sites and temporary
construction areas. Construction would occur primarily in areas that have been previously disturbed
and impacts to native vegetation communities are expected to be minimal.
P. Section 21-3-340.A.16 — The existing water quality of affected state waters will not be degraded
below state and federal standards or established baseline levels.
There would be no direct impacts to water quality associated with regular operation or maintenance
of the transmission lines. The major -mapped drainages associated with wetlands near proposed
Pathway facilities include the South Platte River, Box Elder Creek, and associated unnamed
tributaries. The National Wetland Inventory -mapped features associated with these drainages
include riverine wetlands and freshwater emergent wetlands. The transmission line right-of-way
intersects thirty-four (34) of these mapped wetland features, of which the longest crossing of which
is approximately three and one half (3.5) feet. The transmission poles can be located to span
wetlands thereby avoiding permanent impacts. No groundwater discharge areas are located near
the Pathway area corridor and no impacts to groundwater recharge areas are anticipated. BMPs
USR23-0039, Public Service of Colorado
Page 10 of 20
will be used during construction to control sediment and runoff from work areas. Compliance with
applicable federal, state and county construction and waste management procedures will prevent
accidental spills or runoff of sediment or contaminants to waterbodies or groundwater. The Pathway
project will avoid impacts to wetland features to the extent practicable. Drainage from the temporary
construction areas would be directed towards detention pond(s) located within the defined areas of
the properties. Drainage plans will be prepared for the two (2) temporary construction areas. Prior
to construction, a Storm Water Permit for Construction Activities would be acquired from the
CDPHE, where required.
Q. Section 21-3-340.A.17 — The proposed project 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.
According to the application, construction and maintenance of the transmission lines and temporary
construction laydown yards would not measurably impact surface water or groundwater quality.
Additionally, there would be no long-term impacts to surface water or groundwater hydrology as a
result of construction or operation of the transmission line. Pathways would not impact hydrologic
flow of either surface water or groundwater, nor would it affect groundwater recharge. Prior to
construction, a Storm Water Permit for Construction Activities would be acquired from the CDPHE,
where required.
Minimal water would be used during transmission line construction. Water for construction
purposes, including concrete foundations and dust control, would be brought in from off -site
sources by a construction water provider. The source of the construction water would be from either
a legal water depot or water service provider.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the 1041 USR map:
A. The applicant shall address the requirements of the Weld County Oil & Gas Energy Department,
as stated in the referral response dated November 1, 2023. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
B. The applicant shall address the requirements of the State of Colorado Division of Water Resources,
as stated in the referral response dated November 2, 2023. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
C. The applicant shall address the requirements of the State of Colorado Division of Water Resources,
as stated in the referral response dated November 2, 2023. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
D. A Lighting Plan shall be submitted to and accepted by the Department of Planning Services for the
temporary storage yards and staging areas. (Department of Planning Services)
E. A Screening Plan shall be submitted to and accepted by the Department of Planning Services that
screens the site from the surrounding property owners and rights -of -way. (Department of Planning
Services)
USR23-0039, Public Service of Colorado
Page 11 of 20
F. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the state
highways. Please contact CDOT to verify the access permit or for any additional requirement that
may be needed to obtain or upgrade the permit. Written evidence of such shall be submitted to the
Weld County Department of Planning Services (Department of Planning Services)
G. 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)
H. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required for each laydown yard. (Development
Review)
I. A copy of the signed and recorded (construction and post -construction) easement agreements (or
other acceptable authorization from property owners and all other entities) shall be submitted to
the Department of Planning Services. (Department of Planning Services)
J. The applicant shall address the requirements of the Colorado Division of Water Resources, as
stated in the referral response dated November 2, 2023. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
K. A copy of the signed and recorded Colorado Pathway easement or right-of-way agreements with
property owners crossed by the 345 kV transmission line shall be submitted to the Department of
Planning Services. (Department of Planning Services)
L. A copy of the signed lease agreement for the two (2) temporary construction laydown and staging
areas and post construction decommission and reclamation plan. (Department of Planning
Services)
M. The applicant shall submit a screening plan for all temporary construction laydown and staging
areas for review and acceptance by the Department of Planning Services. (Department of Planning
Services)
N. The applicant shall provide a Lighting plan associated with the temporary construction laydown and
staging areas for review and acceptance by the Department of Planning Services, as applicable.
(Department of Planning Services)
O. The applicant shall address trash collection associated with the temporary construction laydown
and staging areas that is screened from public right-of-way and adjacent properties and further
prevents wind or animal scattered trash for review and acceptance by the Department of Planning
Services. (Department of Planning Services)
P. The applicant shall address the requirements of the Farmers Reservoir and Irrigation Company, as
stated in the referral response dated October 17, 2023. Written evidence of such shall be submitted
to the Weld County Department of Planning Services. (Department of Planning Services)
Q. For all ditches, canals or irrigation systems, the applicant shall submit an agreement stating ditch
activities adequately incorporated into the design submitted or written evidence of adequate
attempt to mitigate concerns. Written evidence of such shall be submitted to the Weld County
Department of Planning Services (Department of Planning Services)
R. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility
operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence
of acceptance to the Department of Planning Services. (Department of Planning Services)
USR23-0039, Public Service of Colorado
Page 12 of 20
S. The 1041 USR map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR23-0039 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 21-3-330.B.3 and Section 21-3-330.B.4
of the Weld County Code. (Department of Planning Services)
4. The final location of the permanent 150 -foot transmission line easement or right-of-way with
defined construction and operational dimensions, property ownership, parcel number, legal
description, all easements of record, and all physical encumbrances. (Department of Planning
Services)
5. 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)
6. 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)
7. 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)
8. 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)
9. Show the CDOT right-of-way on the USR map along with the documents creating the right-of-
way. (Development Review)
10. 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)
11. 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)
12. 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)
13. Show and label the approved tracking control on the USR map. (Development Review)
USR23-0039, Public Service of Colorado
Page 13 of 20
14. 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)
15. 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)
16. Show and label the drainage flow arrows. (Development Review)
17. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Development Review)
18. 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)
19. The applicant shall delineate on the map the trash collection areas specific to the temporary
construction laydown and staging areas. Section 23-2-240.A.13 of the Weld County Code
addresses the issue of trash collection areas. (Department of Planning Services)
20. The map shall delineate the opaque screening specific to the temporary construction laydown
and staging areas in accordance with the accepted Screening Plan. (Department of Planning
Services)
21. The map shall delineate the onsite lighting specific to the temporary construction laydown and
staging areas in accordance with the accepted Lighting Plan. (Department of Planning
Services)
22. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 of
the Weld County Code. (Department of Planning Services)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The Mylar map
and additional requirements shall be submitted within one hundred twenty (120) days from the date
of the Board of County Commissioners Resolution. The applicant shall be responsible for paying
the recording fee. (Department of Planning Services)
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within
the specified timeline from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance fee shall be added for each additional 3 -month period. (Department of
Planning Services)
4. Prior to Construction:
A. The approved accesses and tracking control shall be constructed prior to construction.
(Department of Planning Services — Development Review)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be
required. (Department of Planning Services — Development Review)
USR23-0039, Public Service of Colorado
Page 14 of 20
C. A Flood Hazard Development Permit is required to cross any 100 -year floodplain. (Department
of Planning Services - Floodplain)
D. A copy of the signed and approved access permits for all accesses onto, or from, the state
highway public right-of-way. Written evidence shall be submitted to the Department of Planning
Services. (CDOT)
E. Should construction operations require temporary fuel tanks for vehicles and equipment, the
applicant shall provide written evidence that the fuel tanks are appropriately permitted through
the Colorado Department of Labor and Employment, Division of Oil and Public Safety. Written
evidence of such shall be submitted to the Weld County Department of Planning Services.
(Department of Planning Services)
F. The accepted opaque fencing shall be installed prior to any project construction activities
commencing. (Department of Planning Services)
G. The applicant shall provide written evidence of a legal permitted water source for water
associated with dust suppression, at a minimum. (Department of Planning Services)
5. The Use by Special Review Permit is not perfected until the Conditions of Approval are completed
and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office of
the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement (Department of Planning Services)
USR23-0039, Public Service of Colorado
Page 15 of 20
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Public Service of Colorado - Xcel Energy Company
Colorado Power Pathways
USR23-0039
1. Site Specific Development Plan and Use by Special Review Permit, USR23-0039, for a 1041 Major
Facility of a Public Utility or Public Agency approximately 47.2 miles of the proposed Colorado Power
Pathways 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, subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The hours of operation are daylight hours only. (Department of Planning Services)
4. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire District
and the Weld County Office of Emergency Management to the Department of Planning Services.
(Department of Planning Services)
5. 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)
6. 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)
7. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review
8. 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)
9. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
10. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Development Review)
11. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
12. Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
13. The contractor will utilize for the life of the project, the two (2) temporary construction laydown and
staging areas for base of operations. (Department of Planning Services)
14. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
USR23-0039, Public Service of Colorado
Page 16 of 20
15. During construction, no permanent disposal of wastes shall be permitted at this site. This is not meant
to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
16. During construction, waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code.
(Department of Public Health and Environment)
17. Fugitive dust 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 property shall
comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health
and Environment)
18. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public
Health and Environment, as applicable. (Department of Public Health and Environment)
19. During construction, adequate toilet facilities and handwashing units shall be provided. Screened
portable toilets are acceptable. Portable toilets shall be serviced by a cleaner licensed in Weld County
and shall contain hand sanitizers. Portable toilets shall be removed upon completion of construction.
(Department of Public Health and Environment)
20. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
21. 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 November 30, 2023 (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)
22. 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)
23. A Right -of -Way Permit will be required at each County Road crossing, along with approved signing
details. (Department of Planning Services)
24. Construction office trailers and storage trailers and electrical services to the trailers are subject to
building permits per Section 29-3-10 of the Weld County Code. (Department of Building Inspection)
25. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties.
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map. Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used
which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
USR23-0039, Public Service of Colorado
Page 17 of 20
26. Building permits may be required, for any new construction, set up of manufactured structures, or
change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings and
structures shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2018 International Building
Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld
County Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection. A building permit must be issued prior to the
start of construction. (Department of Building Inspection)
25. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County
Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs. (Department of
Planning Services)
26. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended.
(Department of Planning Services)
27. The applicant or their representatives shall comply with the signed lease agreement for the two (2)
temporary construction laydown and staging areas, including the decommissioning/deconstruction of
the site and remove all equipment, trailers and materials. The site shall be reclaimed and planted in a
seed mix acceptable to the property owner. (Department of Planning Services)
28. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
29. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
30. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the Department
of Planning Services. (Department of Planning Services)
31. Construction or Use pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of
Planning Services may grant an extension of time, for good cause shown, upon a written request by
the landowner. (Department of Planning Services)
32. 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 landowner 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 landowner, or
when the Department of Planning Services observes that the Use may have been terminated, the
Planner shall send certified written notice to the landowner asking that the landowner request to vacate
the Use by Special Review Permit. (Department of Planning Services)
33. In such cases where the Use by Special Review has terminated but the landowner does not agree to
request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of
USR23-0039, Public Service of Colorado
Page 18 of 20
County Commissioners to provide the landowner an opportunity to request that the Use by Special
Review Permit not be vacated, for good cause shown. The landowner shall be notified at least ten (10)
days prior to the hearing. If the Board of County Commissioners determines that the Use by Special
Review has terminated and no good cause has been shown for continuing the permit, then the
termination becomes final, and the Use by Special Review Permit is vacated. (Department of Planning
Services)
34. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners. (Department of Planning Services)
35. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT:
Weld County has some of the most abundant mineral resources, including, but not limited to, sand and
gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's economy;
(b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits
should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause
the least practicable disruption of the ecology and quality of life of the citizens of the populous counties
of the state.
Mineral resource locations are widespread throughout the County and people moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource. (Department of Planning Services)
36. WELD COUNTY'S RIGHT TO FARM STATEMENT:
Weld County is one of the most productive agricultural counties in the United States, typically ranking
in the top ten counties in the country in total market value of agricultural products sold. The rural
areas of Weld County may be open and spacious, but they are intensively used for agriculture.
Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts
with long-standing agricultural practices and a lower level of services than in town. Along with the
drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views,
spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life.
Without neighboring farms, those features which attract urban dwellers to rural Weld County would
quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
USR23-0039, Public Service of Colorado
Page 19 of 20
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state
and County roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they
are bladed, will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
USR23-0039, Public Service of Colorado
Page 20 of 20
December 12, 2023
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: kogle@weld.gov
Phone: (970) 400-3549
Fax: (970) 304-6498
Chester Jennifer I.
1800 Larimer Street
Denver, CO 80202
Subject: USR23-0039 - Site Specific Development Plan and Use by Special Review Permit, USR23-
0039, for a 1041 Major Facility of a Public Utility or Public Agency approximately 47.2 miles of the
proposed Colorado Power Pathways 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
On parcel(s) of land described as:
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, Township 3 North Range 67 West.
The new transmission line passes through the following Sections: Sections 11 and 12, Township 3
North, Range 67 West; Sections 7, 8, 9, 16, 21, 25, 26, 28, 33, 34 and 35, Township 3 North, Range 66
West; Sections 30, 31 and 32, Township 3 North, Range 65 West; Section 31, Township 3 North,
Range 64 West; Sections 1, 2, 3, 4, and 5, Township 2 North, Range 65 West; Sections 1, 2, 3, 4, 5, and
6, Township 2 North, Range 64 West; Sections 1, 2, 3, 4, 5, 6 and 7, Township 2 North, Range 63
West; Sections 4, 5, and 6, Township 2 North, Range 62 West; Sections 33, 34, 35, and 36, Township 3
North, Range 62 West; Sections 25, 26, 31, 32, 33, 34, and 35 and terminates at the Weld County/
Morgan County Line in Section 25, Township 3 North, Range 61 West of the 6th P.M. Weld County
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on January 16, 2024 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on February 7, 2024
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://accela-
aca.co.weld.co.us/CitizenAccess
Respectfully,
Kim Ogle
Planner
Hello