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Home My WebLink About20241350.tiffHEARING CERTIFICATION DOCKET NO. 2024-27 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR24-0009, FOR A 1041 MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY FOR 165 MW PEAKER POWER PLANT WITH SIX (6) COMBUSTION TURBINE GENERATORS, 69KV SWITCHYARD, AND ANCILLARY EQUIPMENT ASSOCIATED WITH FACILITY OPERATIONS UTILIZED FOR ENERGY GENERATION OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - UNITED POWER, INC., C/O MOUNTAIN PEAK POWER, LLC A public hearing was conducted on June 5, 2024, at 10:00 a.m., with the following present: Commissioner Kevin D. Ross, Chair Commissioner Perry L. Buck, Pro -Tern Commissioner Mike Freeman Commissioner Scott K. James Commissioner Lori Saine Also present: Acting Clerk to the Board, Jess Reid Deputy County Attorney, Karin McDougal Department of Planning Services representative, Maxwell Nader Department of Public Health and Environment representative, Lauren Light The following business was transacted: El I hereby certify that pursuant to a notice dated April 17, 2024, and duly published April 19, 2024, and a revised notice dated April 24, 2024, and duly published April 26, 2024, in the Greeley Tribune, a public hearing was conducted to consider the request of United Power, Inc., c/o Mountain Peak Power, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR24-0009, for a 1041 Major Facility of a Public Utility or Public Agency for 165 MW Peaker Power Plant with six (6) combustion turbine generators, 69kV switchyard, and ancillary equipment associated with facility operations utilized for energy generation outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Karin McDougal, Deputy County Attorney, made this a matter of record. Maxwell Nader, Department of Planning Services, presented a brief summary of the proposal, outlined the on -site equipment associated with facility operations, and stated the plant will be interconnected to United Power's existing system. He relayed the plant will connect to, and be fueled by, natural gas, via the existing Colorado Interstate Gas (CIG) pipeline, permitted under LAP19-0002, and mentioned the existing on -site structures will be removed or demolished, prior to construction of the plant. He stated notice was sent to nine (9) surrounding property owners (SPOs) with no correspondence received back, and noted two (2) letters of support were received from Chevron and Williams Companies, Inc. Mr. Nader shared, per the Development Review staff, access is on County Road (CR) 55, provided the traffic counts on CR 55, outlined the traffic associated with the three (3) phases of construction, and relayed Development Review requested cc; QL OR/KN/op►/KR/140 07/30/,24 2024-1350 PL2917 HEARING CERTIFICATION - UNITED POWER, INC., C/O MOUNTAIN PEAK POWER, LLC (USR24-0009) PAGE 2 a Road Maintenance Agreement. He noted the site is within the three (3) mile referral area and the Coordinated Planning Agreement (CPA) area of the Town of Keenesburg. He described the surrounding zoning and USRs and entered the favorable recommendation of the Planning Commission into the record, as written. He displayed images of the site and surrounding views and in response to Chair Ross, Mr. Nader confirmed the nearest residence is approximately 1,500 feet from the plant site. Lauren Light, Department of Public Health and Environment (EH), stated portable toilets are acceptable for construction and operation and an Air Emissions Permit is required from the Colorado Department of Public Health and Environment (CDPHE). She referenced the Noise Study, mentioned EH met with the applicant several times regarding the noise level, and presented a noise standard, which allows for 62 DBA to the north and west and 66 DBA to the east and south, with noise levels being measured 25 feet from the property line. She proposed this language replace the existing Development Standard (DS) #24 (permissible noise levels). Responding to Commissioner James, Ms. Light clarified there will be a 25 -foot concrete wall on the north and west side. El Jon Baylor, Senior VP of Development for Kindle Energy, represented the applicant, and in response to Chair Ross, indicated he had not had contact with any of the Commissioners regarding this case. Mr. Baylor presented a PowerPoint presentation (Exhibit F), and described Kindle Energy. He stated the plant is being built for reliability purposes for United Power and described a "peaking asset" as energy used when there is low, or no, solar or wind availability, or when United Power has a high power demand, no more than approximately 20% of the time. ki Tom Flexon, VP of Development for Kindle Energy, referenced the displayed PowerPoint and provided some overview information about the plant, which included an anticipated commercial operation date as June 1, 2025, and mentioned the Interconnection Agreement between CIG and United Power was completed in March 2024. He stated there is a 30 -year lease agreement between Mountain Peak Power (lessee) and United Power, for approximately nine (9) acres, and described the proposed site improvements. la Shawn Donovan, Environmental Director for Mountain Peak Power, discussed the status of the permits and regulatory approvals needed for the project, and stated an Air Permit application had been submitted to the CDPHE and should be finalized and issued by July 2024. He mentioned the CDPHE had issued Mountain Peak Power a Construction Stormwater General Permit and noted Mountain Peak Power had completed all necessary Environmental Field Surveys and Protected Species Habitat Assessments, as well as a Federal Aviation Administration (FAA) Screening Assessment. He stated other permits will be obtained during the construction or operation phase, as required. Steve Yarrington, Mountain Peak Power, described the site plan, including the infrastructure and equipment, as well as the drainage on the site. El Matt Canterbury, Town Manager of Keenesburg, stated he had been in constant communication with the applicant. He relayed a Pre -annexation Agreement had been executed 2024-1350 PL2917 HEARING CERTIFICATION - UNITED POWER, INC., C/O MOUNTAIN PEAK POWER, LLC (USR24-0009) PAGE 3 and they are currently negotiating a Road Maintenance Agreement for a haul route. In response to Commissioner James regarding the noise from the site, Mr. Canterbury confirmed that one day there may be houses near the plant area, but he is comfortable with the proposed noise mitigation. le Mr. Baylor expressed the ease of working with the Town of Keenesburg and Weld County staff on the application. ---1 The Board discussed the changes recommended by Ms. Light for DS #24. Mr. Nadar indicated Conditions of Approval (COA) #1.D and #1.G can be removed, as they have been met, per Exhibit E. Per Exhibit G, he recommended adding a new COA #1.D (Pre -annexation and Road Maintenance Agreements with the Town of Keenesburg); however, the Board modified the proposed language to address the fact that the Pre -annexation Agreement had already been executed. Mr. Nader explained proposed changes, made by staff, to break apart the requirements previously listed under Prior to Construction (COA #4), into three (3) separate categories; Prior to Construction, During Construction (COA #5), and Prior to Operation (COA #6). The Board agreed to all of the aforementioned changes. No public testimony was offered regarding changes made to the Conditions of Approval and Development Standards. In response to Chair Ross, Mr. Baylor indicated he had, on behalf of the applicant, reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. Commissioner Freeman moved to approve the request of United Power, Inc., do Mountain Peak Power, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR24-0009, for a 1041 Major Facility of a Public Utility or Public Agency for 165 MW Peaker Power Plant with six (6) combustion turbine generators, 69kV switchyard, and ancillary equipment associated with facility operations utilized for energy generation outside of subdivisions and historic townsites in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards, as amended. The motion was seconded by Commissioner Saine, and it carried unanimously. There being no further discussion, the hearing was completed at 10:39 a.m. 2024-1350 PL2917 HEARING CERTIFICATION - UNITED POWER, INC., C/O MOUNTAIN PEAK POWER, LLC (USR24-0009) PAGE 4 This Certification was approved on the 19th day of June, 2024. 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