HomeMy WebLinkAbout20240561.tiffHEARING CERTIFICATION
DOCKET NO. 2024-04.C
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR23-0039, FOR A 1041 MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC
AGENCY, ENCOMPASSING 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 - PUBLIC SERVICE COMPANY OF
COLORADO, AN XCEL ENERGY COMPANY
A public hearing was conducted on April 3, 2024, at 10:00 a.m., with the following present:
Commissioner Kevin D. Ross, Chair
Commissioner Perry L. Buck, Pro-Tem
Commissioner Mike Freeman
Commissioner Scott K. James
Commissioner Lori Saine — RECUSED
Also present:
Acting Clerk to the Board, Jess Reid
Deputy County Attorney, Karin McDougal
Department of Planning Services representative, Kim Ogle
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
=rI hereby certify that pursuant to a notice dated January 17, 2024, and duly published
January 19, 2024, in the Greeley Tribune, a public hearing was conducted on February 7, 2024,
to consider the request of Public Service Company of Colorado, an Xcel Energy Company, for a
Site Specific Development Plan and Use by Special Review Permit, USR23-0039, for a 1041
Major Facility of a Public Utility or Public Agency, encompassing 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 January 16, 2024, the Weld County Offices were closed due to
inclement weather conditions and the scheduled Planning Commission hearings were
rescheduled to later dates; therefore, an updated notice dated January 17, 2024, and duly
published January 19, 2024, in the Greeley Tribune, rescheduled this matter to March 6, 2024, at
10:00 a.m., to allow the case to be heard by the Planning Commission on February 20, 2024. On
March 6, 2024, the Board continued the hearing until April 3, 2024, to allow for a larger block of
time for the case to be heard by a full quorum of the Board. Karin McDougal, Deputy County
Attorney, made this a matter of record.
=' Kim Ogle, Department of Planning Services, presented a summary of the proposal, outlined
the review criteria for a transmission line, and described the applicant's outreach efforts, including
cc In. (ER/Kw/Ka /DA tiv... kR) 2024-0561
°`i /i7/24 PL2903
HEARING CERTIFICATION - PUBLIC SERVICE COMPANY OF COLORADO, AN XCEL
ENERGY COMPANY (USR23-0039)
PAGE 2
mailings, emails, social media posts, a website and a public comment period. He discussed the
correspondence received from surrounding property owners (SPOs) and elaborated on an email
received (Exhibit F) from the attorney representing SPO, Pioneer Holdco, LLC, regarding a
pending Annexation Agreement with the Town of Keenesburg, for land which the transmission
line is proposed to run through. He relayed, a clerk from the Town of Keenesburg confirmed the
annexation plat had not yet been recorded and referenced correspondence with the Town of
Keenesburg Town Manager (Exhibit E). He described the design of, and materials that will be
used for, the transmission line and also outlined uses, infrastructure improvements, and existing
USRs along the pipeline route. He shared, per the Development Review staff, multiple temporary
access points are proposed, including several, which the applicant will request to convert to
permanent access points, in the future. He discussed construction and laydown yard traffic,
mentioned Development Review is requesting a Road Maintenance Agreement and relayed
transmission lines meet a stormwater detention exception. He stated the transmission line
alignment is within the three (3) mile referral area of the City of Fort Lupton, and the Towns of
Keenesburg, Platteville and Milliken, reviewed the referral responses that were received, and
noted 43 agencies did not return a referral response. Mr. Ogle entered the favorable
recommendation of the Planning Commission into the record, as written, and displayed simulated
images of the proposed transmission line. He relayed the applicant requested revisions to the
Resolution (Exhibit L) and referenced letters of opposition received from Chevron Midstream
Services, LLC, and Nobel Energy, Inc. (Exhibit M). Mr. Ogle confirmed, per Exhibit G, Planning
staff is requesting the deletion of originally numbered/lettered Condition of Approval (COA) #1.F
(Drainage Report).
El Lauren Light, Department of Public Health and Environment, stated permanent water and
sewer are not required, as a transmission line is considered a temporary construction use, and
noted the applicant can use portable toilets during the construction of the transmission line and
the operation of the laydown yards. She relayed if the amount of disturbed area exceeds 25 acres,
an Air Pollutant Emissions Notice (APEN) will be required.
In response to Chair Ross, Andrew Holder, representing Xcel Energy, indicated he had not
had contact with any of the Commissioners regarding this case. Commissioner Saine stated she
did have communication with the applicant, as a potential client, as well as several discussions
about the Power Pathways project in public forums, and asked to be recused. Chair Ross excused
Commissioner Saine.
Mr. Holder presented a PowerPoint presentation (Exhibit Q), described the company and
displayed a map, which showed the proposed route of the Power Pathway project. He discussed
how the proposed transmission line will impact customers in Weld County, described the
economic impact to communities across eastern and southern Colorado, and reiterated the public
outreach efforts by Xcel Energy. He explained their citing criteria, how they decided on their
preferred route, relayed they had already broken ground in Morgan County and have eight (8)
land use permits in six (6) counties.
Cory Miller, Xcel Energy, referenced Exhibit Q and discussed the routing study and analysis,
and provided specifics of the transmission line, such as height, right-of-way requirements, span
length, material/color, and clearance requirements. He explained the permits required by Weld
2024-0561
PL2903
HEARING CERTIFICATION - PUBLIC SERVICE COMPANY OF COLORADO, AN XCEL
ENERGY COMPANY (USR23-0039)
PAGE 3
County for the transmission line and the laydown yards and indicated they relocated four and
one-half (4.5) miles of existing transmission line. He displayed images of proposed transmission
line corridor, outlined the anticipated schedule, and relayed they expect the project to be
completed in 2026.
IR In response to Commissioner James, Mr. Miller confirmed Xcel Energy identified potential,
future Weld County right-of-way and will attempt to avoid those areas. He relayed Weld County
maintains the ability to build roads in those areas, if they so choose.
David Foster, Foster Graham Milstein and Calisher, LLP, submitted a postcard notice, as well
as the Weld County 1041 Use by Special Review Procedural Guide for a Major Facility of a Public
Utility (Exhibit O), to Ms. McDougal. He stated he represents Pioneer Holdco, LLC, which is also
known as the Fruition project in the Town of Keenesburg, and explained there is an Annexation
Agreement between Pioneer Holdco, LLC, and the Town of Keenesburg, on the Town's agenda
for approval on April 15, 2024. He described the Fruition project as a Master Planned Community
with over 10,000 residences, as well as industrial and commercial uses. He stated the Fruition
project set aside 150 feet of easement for the transmission line, on the north side of
County Road (CR) 26, but asserted Xcel Energy is now proposing the transmission line be
located on the south side of CR 26, and expressed concern regarding the review of the
application. He referenced Exhibit O, stating the "Criteria for Approval or Denial" cites Sections in
Chapter 23 (USR regulations) of the Weld County Code, implied the application was reviewed
only under Chapter 21 (1041 regulations) criteria of the Code, and requested the application be
referred back to the Department of Planning Services to have Chapter 23 criteria applied. He
asserted the portion of transmission line that is proposed to run through/above the Fruition project
is in the Town of Keenesburg, therefore, they have authority over the approval of that portion of
transmission line. He also expressed concern with the Pending Ordinance Doctrine, which states
when an ordinance is pending, involved parties are held subject to said ordinance. He relayed the
annexation and zoning ordinances have been approved and the only item pending is the approval
of the Annexation Agreement and the recordation of the map.
Responding to Commissioner James, Mr. Foster conceded, that as of April 3, 2024, the
Pioneer Holdco, LLC, property is still in Weld County and expressed concern with non-compliance
of the Chapter 23 Comprehensive Plan. He explained the property has already, simultaneously
gone through the Town of Keenesburg's annexation and zoning processes, reiterated the
Annexation Agreement is awaiting approval on April 15, 2024, and agreed the property is not
legally annexed until the plat is recorded.
Jason VanShura, Western Midstream (WES), referenced originally numbered/lettered
COA #1.H (applicant shall address the requirements of Western Midstream), asked the Board to
accept the COA, as written, and not accept Xcel Energy's request to modify the language, as
presented in Exhibit L. He relayed the COA, as presented, will help mitigate concerns WES has
with regard to the proposed transmission line.
Chair Ross closed public comment and recessed for a short break.
2024-0561
PL2903
HEARING CERTIFICATION - PUBLIC SERVICE COMPANY OF COLORADO, AN XCEL
ENERGY COMPANY (USR23-0039)
PAGE 4
El Jennifer Chester, Xcel Energy, requested clarification from the Board that the Pioneer Holdco,
LLC, property was still in Weld County, and Ms. McDougal confirmed that until the plat is recorded,
it is considered Weld County. Ms. Chester stated Xcel had been in contact with the owner of the
Pioneer Holdco, LLC, property, and encouraged the landowner to contact Xcel if they have
concerns regarding the transmission line route. Ms. McDougal also confirmed that Chapter 21 of
the Weld County Code is the controlling Chapter for a 1041 application, and Mr. Ogle agreed,
adding the relocation of an existing transmission line, associated with this application, was a USR
and fell under Chapter 23 criteria. Ms. Chester referenced Attachment K, in Exhibit L, which
addresses compliance with the Weld County Comprehensive Plan.
In response to Commissioner James, Mr. Ogle confirmed Weld County has a Coordinated
Planning Agreement (CPA) with the Town of Keenesburg, relayed the Town of Keenesburg did
not return a referral response, and responding to Chair Ross, confirmed the CPA was signed
in 2014. Ms. Chester stated Xcel is complying with the Master Plan for the Fruition development,
and noted they moved the route to the south side of CR 26, at the landowner's request. Regarding
the comments by Mr. VanShura, she stated Xcel has been working with WES to evaluate the path
of the transmission line, relative to WES's facilities, and have entered into a Non -disclosure
Agreement (NDA) with WES, to allow them to share data. Commissioner James referenced
Exhibit M, a letter from Chevron Midstream Services, LLC, and Ms. Chester deferred to
Parker Wrozek to discuss potential impacts to pipeline operators.
Parker Wrozek, Xcel Energy, stated he met with representatives from Chevron Midstream
Services, LLC, and they are starting to execute NDAs to commence mitigation discussions with
Chevron.
Responding to Commissioner James, Ms. Chester relayed there is a Condition (COA #1.A,
the applicant shall address the requirements of the Weld County Oil and Gas Energy
Department), that requires them to demonstrate compliance in working with any nearby operators,
and upon her request to delete said Condition, Mr. Ogle stated Planning staff did not have proof
the Condition had been met and requested the Condition remain.
El Again responding to Commissioner James, Ms. Chester confirmed Xcel Energy
accommodated the request of the Pioneer Holdco, LLC, landowner to shift the alignment of the
transmission line.
Mr. Ogle referenced Exhibit L, and stated staff is willing to accept the change proposed to the
renumbered/lettered COA #1.H (signed and recorded agreements or Orders of Immediate
Possession shall be submitted to the Department of Planning Services), but no others, as staff
feels the proposed changes are nothing more than a wordsmithing exercise.
Ms. Chester asked for clarification on the difference between renumbered/lettered
COA #1.H (referenced above) and COA #1.F (copy of signed and recorded Easement
Agreements), and after much discussion, the verbiage in COA #1.F was changed from,
"construction and post -construction" to, "temporary construction," to clarify the request.
2024-0561
PL2903
HEARING CERTIFICATION - PUBLIC SERVICE COMPANY OF COLORADO, AN XCEL
ENERGY COMPANY (USR23-0039)
PAGE 5
I Julie Stencel, Xcel Energy, questioned, based on the language in COA #1.F, whether the
County is requiring the temporary construction easements to be recorded and Mr. Ogle relayed
Weld County would just like evidence of them.
The Board reviewed the rest of the Conditions of Approval and Development Standards (DS)
and Mr. Ogle cited Development Standards DS #4 (Emergency Action and Safety Plan) and
DS #31 (advanced notice to access the property), which were modified at the Planning
Commission hearing. The Board agreed the aforementioned changes.
In response to Chair Ross, Ms. Chester, on behalf of the applicant, indicated she had
reviewed, and they agree to abide by, the Conditions of Approval and Development Standards,
as amended.
El There was no public comment regarding changes made to the Conditions of Approval and
Development Standards; however, Mr. Foster asserted the statement made by Xcel Energy that
the Pioneer Holdco, LLC, landowner had requested the change of alignment, was a
misrepresentation.
= Ms. Chester clarified there was a request made by the landowner to adjust the route, and
Xcel accommodated that request.
Commissioner James moved to approve the request of Public Service Company of Colorado,
an Xcel Energy Company, for a Site Specific Development Plan and Use by Special Review
Permit, USR23-0039, for a 1041 Major Facility of a Public Utility or Public Agency, encompassing
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, 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 Freeman and Chair Ross reiterated the application was reviewed under
Chapter 21 of the Weld County Code, for lands situated in unincorporated Weld County, as of
April 3, 2024. The motion passed 4-0, with Commissioner Saine being recused, and there being
no further discussion, the hearing was completed at 11:38 a.m.
2024-0561
PL2903
HEARING CERTIFICATION - PUBLIC SERVICE COMPANY OF COLORADO, AN XCEL
ENERGY COMPANY (USR23-0039)
PAGE 6
This Certification was approved on the 17th day of April, 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: .e&o;4
Weld County Clerk to the Board
Deputy Clerk to the Board
EXCUSED DATE OF APPROVAL
Kevii.Q. Ross, Chair
Perry L. B , Pro -Tern
(AYE)
2024-0561
PL2903
ATTENDANCE LIST
-3-aoay
rrl�hyl�ek 5- -efan
Doir)1oS
,4soa `% Sk1/4,ro.
e-1 Miler/
/ pj 4, }•b LnL►r..
??(h G%ZI
S7EP1#4u GxCryc�f��
vt 43
i�LG i%1iX5irk(/1� c�
6k(, Wt6Ak(S(4•
0SCaar€clok,S
1/
2bgh'/ t ilj ,9a7.�'
-c Vqs 3.0iret
I
(°TT I2'" s4, brscr, .gc=b100,
/SOO ear saG 90O
V10DLZ,tok51•. , 514 ZeOO
(1170
1.
(SOO La.r7%Kc,-, Oe vci
/666 L G r�'vvik 1/ t , Uc —
1$111) l 1 wu ✓ L(UO
1'06 L� cv�•. s� v -v
n(sv 04 caw • b svvc
,,�`,,ChTr f G�o r
(
M,_ ' tc..f-c rr hC i •cwt De4 \tc r
3C�'1c frJrh rap '7 Of.ta (. re." tit-, •-,1`t
okraV 4,NStom• ciftt
2y2.tsm
(p 7, rm.- ile--eX.CC.�chot�,cuk eAAvef
l w@e
e 5�vvue,! CeAnite` --- ccoA n r (
RrM .�. �elrJw//J �v, �o.q Pe',
,An/cyr. ��az�kti� �,,y,.1J 'e-/
jerynrcQ/ , 4freecy/f4,
iOV1ti1C eH t re,' .44,y1 ,+. -u1/
,I.g - • Qc,Scrn P v5Y •cti e `�"�,
61cc,Jfcsrke.S4lr:4cl1-. c
y(c
IGS
Y(474
/�°
v
o
Hello