HomeMy WebLinkAbout20240548.tiffEXHIBIT
Before the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Skip Holland, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
Case Number
Applicant:
Planner:
Request:
Legal Description:
Location:
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3
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USR23-0039
Public Service Company of Colorado, dba Xcel Energy
Kim Ogle
A Site Specific Development Plan and Use by Special Review Permit 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.
The Colorado's Power Pathway's 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, 32 and 36. Township 3 North, Range 65 West:
Section 31. Township 3 North, Range 64 West:
Section 1, 2, 3, 4, and 5. Township 2 North, Range 65 West;
Section 1, 2, 3, 4, 5, 6, and 12 Township 2 North, Range 64 West;
Section 1, 2, 3, 4, 5, 6, 7 and 8 Township 2 North, Range 63 West:
Section 4, 5, and 6 Township 2 North, Range 62 West;
Section 33, 34, 35. and 36 Township 3 North, Range 62 West;
Section 25, 26, 31. 32, 33. 34, and 35 of Township 3 North, Range 61 West;
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.
Activities associated with the construction of Colorado's Power Pathway will also take
place in the following sections adjacent to the transmission line route. Section 10.
Township 3 North, Range 66 West; Sections 6 and 8, Township 2 North, Range 65 West;
Section 35, Township 3 North, Range 65 West; Section 34, Township 3 North, Range 64
West; Section 11. Township 2 North Range 64 West: and Section 31, Township 3 North,
Range 62 West.
Generally located in the southern -most part of Weld County, starting near Platteville and
extending east and south to the Weld County/Morgan County line.
be recommended favorably to the Board of County Commissioners for the following reasons:
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 Planning Commission that the applicant has shown compliance with Section
21-3-340. A of the Weld County Code, as follows:
A. Section 21-3-340.41— 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.
Resolution USR23-0039
Public Service Company of Colorado, dba Xcel Energy
Page 2
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)
C Section 21-3-340 A 3 -- All reasonable alternatives to the proposed action, including use of existing
nghts-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
Resolution USR23-0039
Public Service Company of Colorado, dba Xcel Energy
Page 3
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
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
Resolution USR23-0039
Public Service Company of Colorado, dba Xcel Energy
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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
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 WOGLA 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
Resolution USR23-0039
Public Service Company of Colorado, dba Xcel Energy
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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
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
Resolution USR23-0039
Public Service Company of Colorado, dba Xcel Energy
Page 6
Pathway is located within District 2 and District 3 of the Weld County Sheriffs Department and is
within the jurisdiction of the Hudson Fire Protection District and the Southeast Weld Fire Protection
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
Resolution USR23-0039
Public Service Company of Colorado, dba Xcel Energy
Page 7
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
Resolution USR23-0039
Public Service Company of Colorado, dba Xcel Energy
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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 nvenne 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
will be used during construction to control sediment and runoff from work areas Compliance with
Resolution USR23-0039
Public Service Company of Colorado, dba Xcel Energy
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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 Planning Commission recommendation for approval is conditional upon the following
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 A Screening Plan shall be submitted specific to the Cervi and Sarchet Laydown Yards 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)
D 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)
E 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)
F 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
Resolution USR23-0039
Public Service Company of Colorado, dba Xcel Energy
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Review)
G 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)
H The applicant shall address the requirements of Western Midstream (WES DJ Gathering LLC,
formerly known as Kerr-McGee Gathering, LLC and WES Wattenberg Oil Complex LLC) as stated
in their letter dated January 12, 2024 Written evidence of such shall be submitted to the Weld
County Department of Planning Services (Department of Planning Services)
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)
J 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)
K 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)
L 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)
M For all other ditches, canals or irrigation systems, the applicant shall submit an agreement stating
ditch activities are 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)
N 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
Resolution USR23-0039
Public Service Company of Colorado, dba Xcel Energy
Page 11
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)
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 temporary laydown yards (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)
Resolution USR23-0039
Public Service Company of Colorado, dba Xcel Energy
Page 12
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 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 permitted and 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)
C A Flood Hazard Development Permit is required to cross any 100-yearfloodplain (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)
Resolution USR23-0039
Public Service Company of Colorado, dba Xcel Energy
Page 13
Motion seconded by Skip Holland
VOTE
For Passage
Skip Holland
Butch White
Shana Morgan
Virginia Guderjahn
Against Passage
Elijah Hatch
Barney Hammond
Absent
Pamela Edens
Michael Wailes
Michael Palizzi
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
Certification of Copy
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on February 20, 2024
Dated the20th of February, 2024
.61:66-1L, Aettltalku
Kristine Ranslem
Secretary
Resolution USR23-0039
Public Service Company of Colorado. dba Xcel Energy
Page 14
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Public Service of Colorado - Xcel Energy Company
Colorado's 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 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, subject to the Development Standards stated hereon.
(Department of Planning Services)
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)
The hours of operation related to construction 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 &+g-ned 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 proposed
easement, 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)
There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review
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 - Construction. (Development Review)
10. The Road Maintenance Agreement — Construction 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 is permitted to use, on a temporary basis. 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)
Resolution USR23-0039
Public Service Company of Colorado, dba Xcel Energy
Page 15
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 RiverFloodplain), #
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)
Resolution USR23-0039
R23-0039
Public Service Company of Colorado, dba Xcel Energy
Page 16
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)
27. 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)
28. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended.
(Department of Planning Services)
29. 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)
30. 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)
31. 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
advance notice of a minimum of 48 hours. 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)
with
32. 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)
33. 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 applicant. (Department of Planning Services)
34. 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 applicant 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 applicant, or when
the Department of Planning Services observes that the Use may have been terminated. the Planner
shall send certified written notice to the applicant asking that the applicant request to vacate the Use
by Special Review Permit. (Department of Planning Services)
35. In such cases where the Use by Special Review has terminated but the applicant does not agree to
request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of
County Commissioners to provide the applicant an opportunity to request that the Use by Special
Resolution USR23-0039
Public Service Company of Colorado, dba Xcel Energy
Page 17
Review Permit not be vacated, for good cause shown The applicant 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)
36 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)
37 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)
38 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
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
Resolution USR23-0039
Public Service Company of Colorado, dba Xcel Energy
Page 18
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
Summary of the Weld County Planning Commission Meeting
Tuesday, February 20. 2024
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair Elijah
Hatch, at 1:30 p.m.
Roll Call.
Present: Elijah Hatch, Skip Holland, Butch White, Michael Wailes, Shana Morgan, Virginia Guderjahn, Barney
Hammond.
Absent: Pamela Edens, Michael Palizzi.
Also Present: Kim Ogle, Department of Planning Services, Lauren Light, Department of Health, Karin
McDougal, County Attorney, and Kris Ranslem, Secretary.
Case Number:
Applicant:
Planner:
Request
Legal Description:
Location:
USR23-0039
Public Service Company of Colorado, dba Xcel Energy
Kim Ogle
A Site Specific Development Plan and Use by Special Review Permit 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.
The Colorado's 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, 32 and 36, Township 3 North. Range 65 West:
Section 31, Township 3 North, Range 64 West;
Section 1, 2, 3, 4, and 5, Township 2 North, Range 65 West;
Section 1, 2, 3, 4, 5, 6, and 12 Township 2 North, Range 64 West,
Section 1, 2, 3, 4. 5, 6, 7 and 8 Township 2 North, Range 63 West;
Section 4, 5. and 6 Township 2 North, Range 62 West;
Section 33, 34. 35, and 36 Township 3 North. Range 62 West.
Section 25. 26, 31. 32, 33. 34 and 35 of Township 3 North, Range 61 West:
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.
Activities associated with the construction of Colorado's Power Pathway will also take
place in the following sections adjacent to the transmission line route Section 10,
Township 3 North. Range 66 West; Sections 6 and 8, Township 2 North, Range 65
West; Section 35, Township 3 North, Range 65 West; Section 34. Township 3 North,
Range 64 West; Section 11, Township 2 North Range 64 West: and Section 31.
Township 3 North. Range 62 West. ,
Generally located in the southern -most part of Weld County, starting near Platteville
and extending east and south to the Weld County/Morgan County Line.
Kim Ogle, Planning Services, presented Case USR23-0039, reading the recommendation and comments into
the record. Mr. Ogle stated that the Colorado Pathway Project is a new transmission line that is 34.3 miles of
345 -kV double -circuit transmission line. He added that the request also includes two (2) temporary
construction areas.
Mr. Ogle stated that public meetings were held in September 2023 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. Public outreach included mass mailings to addresses within the segment study areas.
Additionally 36 newspaper ads. social media post on facebook, a newsletter and a website were included. Mr.
Ogle noted that five (5) telephone calls with inquiries and two (2) walk-ins from adjacent property owners to
the Planning Department Office were received. One email was received in opposition and a letter from a law
1
firm representing a landowner with objections The electronic email that was received outlined concerns of the
preferred alignment and the impacts on the usability and long-term value of the property The second letter
was received from a law firm representing a subdivision near the town limits of Keenesburg with concerns of
jurisdictional issues
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements and the APEN
requirements
Andrew Holder, Director of Community Relations, Xcel Energy, 1800 Lamer Street, Denver, Colorado, stated
that the Colorado Pathway Project is for 47 miles of new 345 -kV double -circuit electric transmission line along
with two (2) laydown areas
Cory Miller, Siting and Land Rights Agent, Xcel Energy, 1800 Lanmer Street, Denver, Colorado, stated that
the preferred route translates to a 150 -foot -wide transmission right-of-way and within that transmission corridor
all of the transmission equipment will be constructed, including the monopoles that extend 105-145 feet in
height The poles will be constructed of weathering ground steel and will span typically 950 feet between each
pole Included in the request are two (2) temporary laydown areas to house the construction materials Mr
Miller stated that they will comply with the 1041 Criteria in the Weld County Code He added that the project
is anticipated to start at the beginning of summer 2024
[Commissioner Wailes left the Hearing at 3 05 p m ]
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Maria Petrocco, 5347 South Valencia Way, Greenwood Village, Colorado, stated that she is representing three
(3) farming clients impacted by this transmission line The line will cover approximately 2 5 miles of farmland
and on one of the farms it will span a pivot and take up a width of over 200 feet Ms Petrocco stated that
these farmers already have one existing transmission line on their property so this will be the second line that
will be constructed on their property
Ms Petrocco stated that they have tried to negotiate to good faith since April off and on She added that in
November they felt they did have an agreement but then doesn't hear anything and then there is a problem
with indemnification language as Xcel doesn't want that included anymore She added that they didn't hear
anything after that and then the next thing they receive is an Intent to Acquire so they have already started
eminent domain proceedings or an Intent to Offer In that Intent to Offer the easement document had none of
the provisions that they had negotiated for the past nine months and now the compensation was down $2000
an acre so all of the work and legal fees from April to now is basically wasted Ms Petrocco stated that she
doesn't believe negotiations have been done in good faith at all She added that the applicant does not want
to allow indemnifications in their easement agreement She urged the Planning Commission to have them
come back for negotiations
Commissioner Morgan asked if the easement would interfere with the farmland Ms Petrocco stated that
during construction it would interfere, however after construction it would not
Commissioner Hammond said that 150 feet of 2 miles is approximately 32 acres that cannot be developed but
can be farmed He added that in the future it could never be developed for a housing development so no
occupied structures can be within the 150 feet Mr Hammond said that he likes electricity and enjoys the lights
coming on but he is concerned with the amount of acreage taken from the landowners
Ms Petrocco said it is not a benefit of any Weld County residents and added that this is for renewable energy
in eastern Colorado
Scott Dechant, 11521 CR 49, stated that Xcel Energy has not operated in good faith He added that they
currently stack their hay in the corner of their pivots so now he has to find other places to stack his hay because
he can't use end dumps because of the high voltage line
2
Dave Dechant, 8029 CR 39, Ft Lupton, Colorado, stated that they have done several right-of-way agreements
with oil companies and Tn-State and they all have indemnification clauses in their agreements He expressed
concern that they don't understand why it can't be included in these agreements now He said that Tn-State
already has a USR Permit for a four -line which will be in the same area of this proposed transmission line Mr
Decant asked when enough is enough
Kristen Decker, Attorney with Foster Graham Milstein & Calisher, 360 South Garfield, Denver, Colorado, stated
that her firm represents Pioneer, LLC which owns some of the property through which the Xcel transmission
line is proposed Pioneer is opposed to the application based on its failure to meet the approval criteria for a
1041 USR application, specifically Sections 23-2-220 A 1 relating to the Comprehensive Plan as it does not
respect private property rights and places this transmission line directly through a planned urban area
Additionally in Section 23-2-220 A 4 relating to the future development as Pioneer has approved zoning for
residential and industrial uses in the Town of Keenesburg Ms Decker stated Pioneer has been working with
county and the town since 2018 with developments in this area Pioneer's property is not intended to be
agricultural but rather industrial and residential and will result in the loss of several lots
Ms Decker stated that the application is inconsistent with Section 21-3-340 A 2 relating to a negative socio-
economic impact, A 4 relating to adverse impacts and A 5 relating to inconsistency with a Master Plan of the
County and the Town of Keenesburg For these reasons, Pioneer requests that the Planning Commission
recommend denial of this application
Commissioner Holland referred to Section 21-3-340 A 19 relating to the applicant obtaining all property rights,
permits and approvals necessary for the proposed project and asked if Ms Decker had any concerns with that
Ms Decker said that she doesn't have that information
Commissioner Holland referred to Section 21-3-340 A 2 that relates to the natural and socio-economic
environment of the County will be protected and enhanced Ms Decker stated that they believe this criteria
has not been met because this property has been planned for development, specifically the zoning has been
approved for residential and industrial uses, and by putting this line through the property it eliminates a number
of lots
Commissioner Holland referred to Section 21-3-340 A 3 relating to all reasonable alternatives to the proposed
action, including use of existing rights -of -way and asked if there are any concerns Ms Decker stated that is
a good question and understands that Staff has reviewed and Xcel Energy has proposed an explanation for
that She added that she is interested in knowing why the transmission line cannot be built within the existing
corridor
Commissioner Holland referred to Section 21-3-340 A 4 relating to a satisfactory program to mitigate and
minimize adverse impacts and asked if there were any concerns Ms Decker said that she doesn't agree with
that and noted that is one of the criteria she spoke of in her presentation Mr Holland asked what a satisfactory
solution to this would be Ms Decker said that the biggest adverse impact is economic and so valuing the
property at something other than simply agricultural will help meet that criteria
Commissioner Morgan asked what phase of development Pioneer is in Ms Decker said it is in Phase 2 and
added that although the annexation map has not been recorded they are one annexation agreement away
from having the actual zoning in the Town of Keenesburg for both residential and industrial zoning so where
this is impacted development has not started yet
Jason VanShura, Rockies Land Manager for Western Midstream, 1099 18th Street, Denver, Colorado, stated
that they own and operate crude oil and natural gas pipelines in the county Mr VanShura is here on behalf
of West DJ Gathering, which is the gas gathering line entity of their business and West Wattenburg Oil
Complex, LLC, the oil gathering arm of their business Mr VanShura submitted comments on January 12th
and added that they support the Pathway project and have had several positive meetings with Xcel Energy
He added that they have been and will continue to work with Xcel Energy in good faith to exchange information
and negotiate reimbursement and encroachment agreement and they look forward to finalizing a mutually
acceptable agreement with Xcel Energy West anticipates that a finalized agreement will be completed prior
3
to final approval Mr VanShura requested that the condition of approval remain on the application until the
reimbursement and encroachment agreement is executed
Jennifer Chester, 1800 Lanmer Street, Denver, Colorado, stated that the particulars of each landowner
negotiation is kept private and added that they negotiate in good faith over a long period of time to reach
agreements to the best of their abilities She added that they are continuing to work with those three (3) farming
clients and hope to reach an agreement Ms Chester said that the indemnification language is not in every
agreement and added that terms and conditions may change in contracts
Ms Chester referred to the comment about land being undevelopable and stated that land uses can continue
under the transmission line recognizing that some of those may not be compatible with the transmission line
and those will be discussed with each landowner and land agent assigned to talk about the particulars on those
properties She added that they do not issue blanket easements
Regarding the Pioneer development, Ms Chester said that it is their understanding that the property still
remains as unincorporated Weld County today, however, if that changes in the future then that will be
addressed at that time
Ms Chester stated that they intend to continue to work with the pipeline owners crossed by the project
Commissioner Hammond referred to the 150 feet of right-of-way and said that if he wanted to develop that
area in a residential type of development at six homes to the acre, he asked if homes could be built under the
transmission line Ms Chester replied that no occupied structures could be constructed under the transmission
line Mr Hammond asked what the setbacks are from that transmission line Ms Chester said that a home
would not be allowed within the right-of-way Mr Hammond said that is a pretty substantial price tag to the
landowners
Commissioner Morgan said that when looking at limitations to properties for development that would be
accounted for in the open space She added that typically they will look at those easements or areas that you
can't build as part of the open space requirements so she doesn't think it is fair to classify it as an exchange
of not building a house as it could still be part of the open space requirement
Commissioner Morgan said that there have been some comments regarding various sections — Section 21
versus Section 23 and clarified that the Planning Commission needs to review the application according to
Section 21-3-340 A 1 through A 22 Karin McDougal, County Attorney, stated that was correct
Commissioner Morgan asked the applicant to address the comment that there is no direct benefit to Weld
County Ms Chester said that there is benefit during construction with having crews located here utilizing
services such as restaurants, gas stations and certain materials and trade locally She added that there is also
compensation to landowners for their property in Weld County Additionally, this project as a whole as it
connects to the Fort St Vrain Substation in Weld County and provides service to the grid which includes service
to Weld County through additional electric system interconnections
Commissioner Hatch clarified that although St Vrain facility does supply power to Weld County, this line which
leads toward Morgan County does not specifically benefit anyone in Weld County Ms Chester said that it is
a higher voltage transmission line and the point of those is to move power between substation locations to
gather generation and to move it She added that it is not a load serving line, for example a distribution voltage
line Mr Holder said that we can send energy both ways with this project and added that it goes from Fort St
Vrain to the Pawnee generating facility so it is an interconnection between generating units
Parker Wrozch, 1800 Lanmer Street, Denver, Colorado, stated that from the Fort St Vrain facility there are
multiple transmission lines that go into Greeley, Ault, and Fort Collins He said that power comes into Fort St
Vrain and is distributed to several communities Commissioner Hatch clarified that while this line can be
multidirectional, those other lines are as well Mr Wrozch replied yes and said that there is a direct impact on
the type of energy used in Weld County
Commissioner Holland stated that he is concerned with Section 21-3-340 with reference to all reasonable
alternatives to the proposed action, including use of existing right-of-way and joint use of rights -of -way
4
wherever uses are compatible, have been adequately assessed and the proposed action is compatible with
and represents the best interest of the people of the county Mr Holland also expressed concern regarding
Section 21-3-340 A 4 relating to a satisfactory program to mitigate and minimize adverse impacts and Section
21-3-340 A 19 with obtaining all property rights, permits and approvals necessary for the proposed project He
said that these are criteria that they have to carefully consider Mr Holland asked Staff what happens if an
agreement cannot be reached because they can't agree to an indemnification clause but the applicant agrees
to the conditions Mr Ogle said that the applicant will not be able to build the line unless they have those
easements in place
The Chair asked Staff if there are any changes to the Resolution Mr Ogle requested to amend Development
Standard 4 to read "The operator shall provide written evidence of an approved Emergency Action and Safety
Plan" Additionally, Mr Ogle requested to amend Development Standard 31 to read "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, with advance notice
of a minimum of 48 hours, 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"
Motion Amend Development Standards 4 and 31, as recommended by Staff, Moved by Virginia Guderjahn,
Seconded by Butch White
Vote Motion carried by unanimous roll call vote (summary Yes = 6)
Yes Barney Hammond, Butch White, Elijah Hatch, Shana Morgan, Skip Holland, Virginia Guderjahn
Absent Michael Wades
The Chair asked the applicant if they have read through the amended Development Standards and Conditions
of Approval and if they are in agreement with those Ms Chester stated that they have read and understand
them, however, they wanted to note that they provided a letter end of last week with some additional requests
for consideration to other components on the conditions of approval The Chair asked Staff if they have
received those requests Mr Ogle replied yes and said that some of the items they are asking for is prior to
construction which would mean that we can't record the USR map until those approvals are in place
Therefore, Staff has elected to pass on the applicant's request
The applicant replied that they are in agreement with amended changes and hope to continue to work on the
other requests they have
Motion Forward Case USR23-0039 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Skip Holland, Seconded by Shana Morgan
Commissioner Holland noted that work is still being undertaken by the applicants to finalize and secure
appropriate rights -of -ways and easements as defined by Section 21-3-340 A 3 and Section 21-3-340 A 4
Commissioner White said that he reviewed all of the criteria and fought with it back and forth and came up with
some question marks but finally satisfied himself and what he has concluded is that he doesn't think it is in
their purview to make a public service company negotiate in good faith However, Mr White recommended
that applicants operate in good faith and suggested that the landowners find some representation so that this
can all work out He believes that the applicant has satisfied the criteria in the Weld County Code
Commissioner Hatch said that he disagreed because the Planning Commission is tasked with the health,
welfare and safety of the citizens as well as the natural and socio-economic environmental impacts
The Chair called for the vote
Vote Motion passed (summary Yes = 4, No = 2, Abstain = 0)
Yes Butch White, Shana Morgan, Skip Holland, Virginia Guderjahn
No Barney Hammond, Elijah Hatch
Absent Michael Wailes
5
Commissioner Hatch cited Sections 21-3-340 A 1, 21-3-340 A 2, and 21-3-340 A 3 and added that he does
not believe that the life long impacts that are reflected by the short-term benefits are more than the benefits of
the county
Meeting adjourned at 4 02 p m
Respectfully submitted,
6 A
Kristine Ranslem
Secretary
6
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