HomeMy WebLinkAbout20240547.tiffRESOLUTION
RE: APPROVE 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
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, 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, and
WHEREAS, the Board of County Commissioners held a public hearing on the 7th day of
February, 2024, at the hour of 10:00 a.m., in the Chambers of the Board for the purpose of hearing
the application of Public Service Company of Colorado, an Xcel Energy Company,
1800 Larimer Street, Denver, Colorado 80202, 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 the following described real estate, to -wit:
The 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; Sections 1,
2, 3, 4 and 5, Township 2 North, Range 65 West; Sections 1, 2, 3, 4, 5, 6 and 12,
Township 2 North, Range 64 West; Sections 1, 2, 3, 4, 5, 6, 7 and 8, Township 2
North, Range 63 West; Sections 4, 5 and 6, Township 2 North, Range 62 West;
Sections 33, 34, 35 and 36, Township 3 North, Range 62 West; Sections 25, 26,
31, 32, 33, 34 and 35, 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 the Transmission Line 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,
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Township 3 North, Range 64 West; Section 11, Township 2 North, Range 64 West;
and Section 31, Township 3 North, Range 62 West of the 6th P.M. Weld County
Colorado
WHEREAS, at said hearing, the Board heard all of the testimony and statements of those
present and reviewed the request of staff for a continuance and, having been fully informed,
deemed it advisable to continue the 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, and
WHEREAS, on March 6, 2024, the Board heard all of the testimony and statements of
those present and reviewed the request of staff for a continuance and, having been fully informed,
deemed it advisable to continue the matter to April 3, 2024, at 10:00 a.m., to allow for a longer
block of time for the case to be heard by a full quorum of the Board, and
WHEREAS, on April 3, 2024, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 21-3-330 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 21-3-340.A of the Weld County Code as follows:
A. Section 21-3-340.A.1 — The health, welfare and safety of the citizens of the
County will be protected and served. The Design Standards
(Section 23-2-240), Operation Standards (Section 23-2-250), Conditions of
Approval, and Development Standards ensure there are adequate
provisions for the protection of the 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, the Colorado Power
Pathways Electric Transmission Line (Pathway Line). Historically the area
has been dominated by irrigated and dryland crop production, rangeland
uses, very limited residential development, and oil and gas activities. The
proposed alignment moves through dryland and non -irrigated lands and
around oil and gas infrastructure and irrigation pivots. During the
construction period, the local economy may see a small influx of dollars,
and a small increase in sales tax revenue. There are no adverse
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socio-economic constraints associated with the Pathway Line, which 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 Code Ordinance #2020-13).
C. Section 21-3-340.A.3 —All reasonable alternatives to the proposed action,
including use of existing rights -of -way and joint use of rights -of -way
wherever uses are compatible, have been adequately assessed, and the
proposed action is compatible with, and represents the best interests of,
the people of the County, and represents a fair and reasonable utilization
of resources in the impact area. The transmission line corridor alternatives
were evaluated to address the needs of the Pathway Line.
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 the new generation resources of 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 (PSCo) identified the location for the
new transmission line alignments during a 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.
PSCo completed a comprehensive Suitability Analysis, which
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.
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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 PSCo; 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 for environmental, social, and economic
impacts; permitting requirements; or prohibition by state or federal
regulations.
The Pathway Line team met with Weld County planning staff to
discuss local resources, and concerns to consider during routing.
The Pathway Line team also met with agency representatives from
Colorado Parks and Wildlife, U.S. Fish and Wildlife Service, and the
State Land Board to discuss unique agency concerns to consider
during the Routing and Siting Study process.
Identifying the location of the preferred route was accomplished
through a process that included engaging the public, landowners
and other stakeholders. Cultural and historic resources, technical
and engineering requirements, environmental constraints, existing
and planned land use and other factors were things the
stakeholders told the applicant are important to consider when
evaluating and comparing 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.
The preferred route heads east out of the existing Fort St. Vrain
Substation for approximately five (5) miles before traveling south to
County Road (CR) 26. It then follows CR 26 east and moves
through, and around, oil and gas infrastructure and irrigation pivots,
maximizing distance along existing linear corridors and minimizing
the number 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, then
crosses 1-76 and continues east into Morgan County.
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Public Outreach
Two (2) virtual routing and siting public meetings were held on
September 23, 2021, one (1) in the afternoon and one (1) in the evening,
for stakeholders to learn about the progress made on the Pathway Line,
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 the COVID-19 pandemic. 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. For further awareness purposes there were also 36
newspaper ads, a social media post on Facebook, an e -newsletter, a
hotline, emails, and a website. A formal public comment period ran from
October 5, 2022, 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 Line 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.
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 found 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 and
Wildlife Conservation Service, and the State of Colorado Historical Society
did not return referral responses.
Additionally, the U.S. Army Corps of Engineers, U.S. Fish and Wildlife
Service, and U.S. Department of Energy - Western Area Power
Administration were also provided an opportunity to review the application
and referral responses were 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 in place and intersect the transmission line corridor. Multiple
residences are located within 150 feet of the centerline of the proposed
corridor. Residences are sparse within the rural parts of the corridor and
are more concentrated near municipalities. The alignment
crosses 140 parcels, owned by 73 landowners. 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 homes is maximized,
where possible, there are no residences within 150 feet of the transmission
line corridor, and there are only 31 residences within one -quarter (1/4) mile
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of the corridor. Four (4) subdivisions were identified within
one -quarter (1/4) mile of the line and approximately 5.5 miles of the
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, and the Pathway Line will adhere
to best management practices, and erosion control measures, outlined in
the Stormwater 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 -year
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 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.
The Pathway Line corridor area is likely to support a variety of common
wildlife such as coyote, fox, skunk, rabbits, and various birds. There are no
designated critical wildlife habitats in the vicinity of the project. The
Pathway Line's impacts to wildlife are expected to be minimal and limited
to temporary disturbance. For the entire corridor length there are 41 active
raptor nests. The transmission line corridor does not encroach on any
cemeteries, National Register of historic properties, or state register and
local landmark sites within 75 feet of the proposed transmission line
corridor. There are no areas of geologic importance in the vicinity of the
Pathway Line.
Colorado Parks and Wildlife reviewed the proposal and found no conflicts
with their interests, as stated in the referral dated November 4, 2023.
The Weld County Oil and Gas Energy Department indicated 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 the referral dated
November 1, 2023.
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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 Weld 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, which indicated they had reviewed the request and found no conflicts
with their interest. The Towns of Keenesburg, Platteville and Milliken did
not respond to the referral request.
F. Section 21-3-340.A.6 — The nature and location or expansion of the facility
does not unduly or unreasonably impact existing community services. The
applicant stated 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 (1) 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 60 to 80 for the new
transmission line when all phases are active. Construction is expected to
last 24 months with a target in-service date in spring/summer 2026.
The Pathway Line 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) PSCo employees or associated
contractors.
It is anticipated that an average of 20 to 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 20 to 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 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. PSCo will work with
the Weld County Department of Planning Services — Development Review,
to determine the appropriate access to the temporary construction areas.
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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 will be required
during construction, 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 found 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 23-2-220.6.7 — There are adequate provisions for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
County. The Pathway Line would have a small beneficial impact to the
nearby communities, including the City of Fort Lupton and Towns of
Keenesburg, Platteville and Milliken and it is anticipated it would have a
small, beneficial impact to the larger metropolitan cities. Construction
contractors, regardless of origin, would likely spend 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.
The Pathway Line 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 the Weld County
Department of Public Works. The nearest hospital to the west side of the
Pathway Line 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 it would generate additional tax revenue for Weld
County. The Pathway Line is consistent with the Economic Development
Goals and Policies described in the Weld County Comprehensive Plan
(Weld County 2020). Once the Pathway Line has been constructed, it will
facilitate ongoing job opportunities and tax revenue in clean energy
projects, such as wind, solar, etc., that ultimately interconnect to the
transmission line.
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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.
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 the Pathways Line 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, are not located in defined river or stream channels,
and appropriately sized culverts will be installed to maintain channel flow
and morphology.
The Weld County Department of Planning Services — Floodplain
Administration, indicated 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, and all others are Approximate Zones. A Floodplain Hazard
Development Permit (FHDP) will be required for each floodplain — for a total
of four (4) FHDPs. There can be an increase of 0.3 feet in the Approximate
Zone, but 0.00 in the Floodway, as stated in the 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. The Pathway Line 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 the Pathway Line.
State of Colorado Division of Water Resources returned a referral response
dated November 2, 2023, which stated the applicant intended to use
trucked -in water as a supply source, during construction, for dust
suppression. The application mentioned water used during construction
would be obtained from a local, permitted source; however, no specific
water service provider or well permit was listed in the application. They also
indicated, without knowing more information about the water supply source
to be used during construction, their office was unable to comment on the
water supply for the referral; however, if the applicant provided specific
information regarding the source of water during construction, their office
would review the 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
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utilities, canals, mineral claims or roads. 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 the
referral dated November 8, 2023, indicated they had worked with Xcel in
other counties for this same transmission line and requested the applicant
get in touch with them to acquire the appropriate Access Permits for access
off of the state right-of-way.
The Farmers Reservoir and Irrigation Company (FRICO) raised several
concerns, including encroachment into the right-of-way associated with
their irrigation structures. They requested multiple agreements to mitigate
their concerns, as stated in the referral response 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 (2)
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, which indicated no
concerns with their interests. The State Historical Society, U.S. Fish and
Wildlife Service, and U.S. Army Corps of Engineers did not return referral
responses.
The Pathway Line 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 the Pathway Line 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 the Pathway Line. 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
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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. There are
no federally or state -managed conservation areas within one (1) mile of the
proposed Pathway Line 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. Construction would last
approximately 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 Line 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 ten (10) micrometers in diameter (PM10). No air emissions
would result from operation of the transmission line.
The Weld County Department of Public Health and Environment, in the
referral dated October 27, 2023, indicated if the amount of disturbed area
exceeds 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 (1) acre, and an accepted Drainage Plan.
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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, which indicted they had reviewed the request and found no conflicts
with their interest. The West Greeley Conservation District provided
general soil information in the referral response dated November 13, 2023.
The Platte Valley Conservation District, Southeast Weld Conservation
District, Weld County Extension and the State of Colorado Bureau of Land
Management did not return referral responses.
The surrounding vegetation is primarily grassland and herbaceous cover
at 73 percent (73%) of the transmission line corridor, and cultivated crops
at approximately 17 percent (17%) of the 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 the proposed
Pathway Line facilities include the South Platte River, Box Elder Creek, and
associated unnamed tributaries. The National Wetland Inventory -mapped
features associated with these drainages include riverine wetlands and
freshwater emergent wetlands. The transmission line right-of-way
intersects 34 of these mapped wetland features, of which the longest
crossing 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
Line area corridor and no impacts to groundwater recharge areas are
anticipated. Best management practices will be used during construction
to control sediment and runoff from work areas. Compliance with applicable
federal, state and county construction and waste management procedures
will prevent accidental spills or runoff of sediment or contaminants to
waterbodies or groundwater. The Pathway Line project will avoid impacts
to wetland features to the extent practicable. Drainage from the temporary
construction areas will 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 Stormwater
Permit for Construction Activities will be acquired from the Colorado
Department of Public Health and Environment (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
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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. The Pathway Line would
not impact hydrologic flow of either surface water or groundwater, nor
would it affect groundwater recharge. Prior to construction, a Stormwater
Permit for Construction Activities will 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application 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 the parcel of land
described above, be, and hereby is, granted subject to the following conditions:
1. Prior to recording the 1041 USR map:
A. The applicant shall address the requirements of the Weld County Oil and
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.
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.
C. A Screening Plan shall be submitted to, and accepted by, the Department
of Planning Services, specific to the Cervi and Sarchet Laydown Yards,
that screens the sites from the surrounding property owners and
rights -of -way.
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
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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.
F. A copy of the signed and recorded (temporary construction) Easement
Agreements (or other acceptable authorization from property owners and
all other entities) shall be submitted to the Department of Planning
Services.
G. 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 the referral response
letter dated January 12, 2024. Written evidence of such shall be submitted
to the Weld County Department of Planning Services.
H. A copy of the signed and recorded Colorado's Power Pathway agreements
or Order of Immediate Possession, as applicable, for such parcel
necessary to construct the project shall be submitted to the Department of
Planning Services. Recognizing that the USR map may be required to be
recorded prior to Pathway obtaining all land rights, Xcel Energy will not start
construction on a parcel until the land right authorizing construction on that
parcel is obtained. If land rights are obtained after the initial recording of
the USR map, Xcel Energy will submit an amended USR map for
recordation.
I. The applicant shall provide a copy of the signed lease agreement for the
two (2) temporary construction laydown and staging areas, and
post -construction Decommission and Reclamation Plan.
J. 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 trash from being
scattered by wind or animals, for review and acceptance by the Department
of Planning Services.
K. 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.
L. For all other ditches, canals or irrigation systems, the applicant shall submit
either an agreement stating ditch activities are adequately incorporated into
the design submitted or written evidence of an adequate attempt to mitigate
concerns. Written evidence of such shall be submitted to the Weld County
Department of Planning Services
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M. The 1041 USR map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR23-0039.
2) The attached Development Standards.
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.
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.
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 the future and
existing right-of-way (along with the documents creating the
existing right-of-way) and the physical location of the road on the
USR map. All setbacks shall be measured from the edge of the
right-of-way. Determine if the roads are maintained by Weld
County.
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 the future and
existing right-of-way (along with the documents creating the
existing right-of-way) and the physical location of the road on the
USR map. All setbacks shall be measured from the edge of the
right-of-way. Determine if the roads are maintained by Weld
County.
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 the future and
existing right-of-way (along with the documents creating the
existing right-of-way) and the physical location of the road on the
USR map. All setbacks shall be measured from the edge of the
right-of-way. Determine if the roads are maintained by Weld
County.
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 buildout. The
alignment of the road widening project varies along the section line
for the corridor. Contact Development Review for the location of the
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existing and future right-of-way and easements, and delineate
these on the USR map.
9) The applicant shall show the CDOT right-of-way on the USR map
along with the documents creating the right-of-way.
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.
11) The applicant shall 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.
12) The applicant shall show the approved Colorado Department of
Transportation (CDOT) access on the USR map and label with the
approved Access Permit number, if applicable.
13) The applicant shall show and label the approved tracking control on
the USR map.
14) The applicant shall 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.
15) The applicant shall 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.
16) The applicant shall show and label the drainage flow arrows.
17) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the temporary
laydown yards.
18) The applicant shall 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.
19) The applicant shall delineate the trash collection areas on the map,
specific to the temporary construction laydown and staging areas.
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Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
20) The map shall delineate the opaque screening, specific to the
temporary construction laydown and staging areas, in accordance
with the accepted Screening Plan.
21) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 of the Weld County Code.
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 120 days from the date of the
Board of County Commissioners Resolution. The applicant shall be responsible
for paying the recording fee.
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 three (3) month period.
4. Prior to Construction:
A. The approved accesses and tracking control shall be permitted and
constructed.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
C. A Flood Hazard Development Permit is required to cross any 100 -year
floodplain.
D. The applicant shall provide 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.
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.
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F. The accepted opaque fencing shall be installed prior to any project
construction activities commencing.
G. The applicant shall provide written evidence of a legal permitted water
source for water associated with dust suppression, at a minimum.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of April, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT O
ATTEST:
Weld County Clerk to the Board
AP
OCIA 14)
Deputy Clerk to the Board
ORM:
County At orney
4‘
Date of signature: y I Z
0
Kevi ! Ross, Chair
erry L. B ck, Pro-Tem
Mike Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PUBLIC SERVICE COMPANY OF COLORADO,
AN XCEL ENERGY COMPANY
USR23-0039
1. Site Specific Development Plan and Use by Special Review Permit, USR23-0039, is 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, subject
to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The hours of operation related to construction are daylight hours only.
4. The operator shall provide written evidence of an approved Emergency Action and Safety
Plan to the 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, Articles I and II, of the Weld County Code.
6. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
7 There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
8. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way. Use Permit prior to commencement.
9. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement - Construction.
10. The Road Maintenance Agreement — Construction for this site may be reviewed on an
annual basis, including a site visit and possible updates.
11. The historical flow patterns and runoff amounts on the site will be maintained.
12. Weld County is not responsible for the maintenance of on -site drainage related features.
13. The contractor is permitted to use, on a temporary basis, the two (2) temporary
construction laydown and staging areas for base of operations.
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14. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal
Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final
disposal in a manner that protects against surface and groundwater contamination.
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, C.R.S. §30-20-100.5.
16. During construction, waste materials shall be handled, stored, and disposed of 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 I of the Weld County Code.
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.
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 of the
Colorado Department of Public Health and Environment, as applicable.
19. During construction, adequate toilet facilities and handwashing units shall be provided.
Screened portable toilets are acceptable, and shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers. Portable toilets shall be removed upon
completion of construction.
20. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
21. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway, as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map #08123C -1905F, dated November 30, 2023
(South Platte River Floodplain); #08123C -1975E, dated January 20, 2016 (Box Elder
Creek Floodplain); #08123C -2000E, dated January 20, 2016 (Lost Creek Floodplain); and
#08123C -2025E, dated January 20, 2016 (Sand Creek Floodplain). Any development
shall comply with all applicable Weld County requirements, Colorado Water Conservation
Board requirements, as described in Rules and Regulations for Regulatory Floodplains in
Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60,
and 65. The FEMA definition of development is any man-made change to improved or
unimproved real estate, including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment
and materials.
22. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner and/or operator should contact Weld County to
determine if the floodplain boundaries have been modified.
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23. A Right -of -Way Permit will be required at each County Road crossing, along with approved
signing details.
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.
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.
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 have 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, or an
Open Hole Inspection shall be required. A Building Permit must be issued prior to the start
of construction.
27. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee
Programs.
28. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700 of
the Weld County Code, as amended.
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.
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.
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, 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.
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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.
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 the department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the applicant.
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.
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 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.
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.
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
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recognize the various impacts associated with this development. Oftentimes, 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.
38. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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