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HomeMy WebLinkAbout20252280.tiffLAND USE APPLICATION SUMMARY SHEET Planner: Case Number: 1MJUSR25-08-1647 Diana Aungst Hearing Date: August 5, 2025 Applicant: Public Service Company of Colorado, conducting business as Xcel Energy c/o Jennifer Chester 1800 Larimer Street, Suite, 400, Denver, CO 80202 Request: Legal Description: A Major Amendment to Use by Special Review USR-1647 for a 1041 Major Facility of a Public Utility (Fort Saint Vrain Generating Facility and natural gas pipelines) to add two (2) natural gas fired combustion turbines (CT) and associated facilities in the 1-3 (Heavy Industrial) and A (Agricultural) Zone Districts Section 10, T3N, R67W of the 6th P.M., Weld County, CO Location: Located north of and adjacent to County Road 34; east and west of County Road 19.5 Zoning: 1-3 (Heavy Industrial) and A (Agricultural) Size of Parcel: +/- 630 acres Parcel No. 1209-10-0-00-006 The criteria for review of this Special Review Permit are listed in Chapter 21 of the Weld County Code The Department of Planning Services' staff has received responses with comments from the following agencies: ➢ Central Weld County Water District, referral dated May 22, 2025 ➢ State of Colorado Parks and Wildlife, referral dated April 30, 2025 ➢ Colorado Department of Public Health and Environment, referral dated May 13, 2025 ➢ Weld County Department of Planning Services - Development Review, referral dated May 23, 2025 ➢ Weld County Department of Planning Services - Floodplain Administrator, referral dated June 19, 2025 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ➢ Town of Firestone, referral dated May 13, 2025 ➢ Town of Platteville, referral dated May 20, 2025 ➢ Weld County Sheriff's Office, referral dated April 28, 2025 ➢ Weld County Oil and Gas Energy Department, referral dated April 30, 2025 ➢ Weld County Office of Emergency Management, referral dated May 6, 2025 ➢ State of Colorado, Division of Water Resources, referral dated May 28, 2025 The Department of Planning Services' staff has not received responses from the following agencies: ➢ Town of Mead ➢ DCP Midstream ➢ Town of Milliken ➢ Town of Platteville ➢ Union Pacific Railroad ➢ Colorado Historical Society ➢ US Fish and Wildlife Service ➢ Weld County School District RE -1 ➢ Occidental Petroleum Corporation ➢ Platte Valley Conservation District ➢ Western Area Power Administration ➢ Colorado Public Utilities Commission ➢ Platteville-Gilcrest Fire Protection District ➢ Beeman Irrigating Ditch and Milling Company 1 MJUSR25-08-1647 I PSCo — Fort Saint Vrain Page 1 of 16 Case Summary: The applicant, Public Service Company of Colorado (PSCo) doing business as Xcel Energy, has submitted a 1041 amendment to add two (2) combustion gas turbines to the Fort Saint Vrain natural gas generating station and add a Selective Catalytic Reduction to meet emission requirements. Specifically, the expansion of Fort Saint Vrain (Facility) will include the installation of two (2) 182.1 -megawatt (MW) natural gas -fired combustion turbines (CT) (Project) to be known as combustion turbines #7 and #8. These two (2) CTs will connect into, and be powered by, the existing natural gas infrastructure that serves the Facility. The Project will also include the installation of post combustion nitric oxide and nitrogen dioxide (NOx) controls by means of Selective Catalytic Reduction (SCR) on the CT Unit 2 Heat Recovery Steam Generator to meet emission requirements. This SCR addition to CT Unit 2 will not increase the floor area. No new substations or additions to the existing Fort Saint Vrain Substation are proposed. During construction there will be a crew of about one hundred ninety (190) workers on site each day. Construction activities will take place Monday through Sunday with one (1) ten 10 -hour shift up until January 1, 2027, and then two (2) - ten (10) -hour shifts Monday through Saturday from January 1, 2027, to July 1, 2027. A temporary construction area established and will be removed upon completion of construction. Construction on the site is anticipated to complete in approximately two (2) years. The application materials state that best management practices (BMPs) will be used during construction to control sediment and runoff from work areas and that the Project will comply with applicable federal, state, and county construction and waste management procedures to prevent accidental spills or runoff of sediment or contaminants to waterbodies or groundwater. Fort Saint Vrain was constructed on approximately seventy-five (75) acres on the north -central portion of a six hundred thirty (630) -acre parcel located just south of the confluence of the Saint Vrain and the South Platte Rivers, and even though a portion of the six hundred thirty (630) -acres is located in the floodplain, the Facility is not in the floodplain or in a geological hazard area. History: Fort Saint Vrain was originally constructed as a nuclear power plant in the 1960s but was decommissioned in the 1990s and converted to a natural gas power plant. The fuel is obtained from a PSCo CIG Pipeline. DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED 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 Department of Planning Services' staff that the applicant has shown compliance with Section 21-3-340. A of the Weld County Code, as follows: A. Section 21-3-340.A.1-- The health, welfare and safety of the citizens of the County will be protected and served. Fort Saint Vrain natural gas generating station (Facility) is owned and operated by Public Service of Colorado (PSCo) doing business as Xcel Energy and has existed as electrical power plant since the mid -1960s. This amendment to this 1041 will add two (2) more combustion turbines (CT) to the Facility (Project). Fort Saint Vrain was originally constructed as a nuclear power plant but was decommissioned in the 1990s and converted to a natural gas power plant. The fuel is obtained from a PSCo CIG Pipeline. This Project will add CTs, (#7 and #8), to the Facility for a total of eight (8) CTs. The two (2) new proposed CTs will be placed in an area that is zoned 1-3 (Heavy Industrial). 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. 1MJUSR25-08-1647 I PSCo — Fort Saint Vrain Page 2 of 16 The site is just northwest of the Town of Platteville corporate limits, approximately one -quarter (1/4) mile from the Town of Milliken, and within three (3) miles of the Towns of Firestone, Johnstown, and Mead. During the construction period, the local economy may see a small influx of dollars as construction contractors would likely spend some money in these communities for fuel, food, and other supplies. There are no anticipated adverse socioeconomic impacts associated with the Project. The installation of these two (2) combustion turbines will not cause any residents or businesses to be displaced. The Project will enable the development of more residential neighborhoods and commercial businesses, thereby generating additional property tax revenue for Weld County. This aligns with the Economic Development Goals and Policies described in the Weld County Comprehensive Plan. 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. Fort Saint Vrain has existed as power plant since the mid -1960s and was converted to a natural gas power plant in the 1990s after an unsuccessful attempt to be a fully operational nuclear power plant. Currently there are six (6) combustion turbines and when this Project is completed there will be a total of eight (8) combustion turbines. Fort Saint Vrain occupies about seventy-five (75) acres of a six hundred thirty (630) -acre parcel. Due to the inability for the power plant to relocate the expansion of Fort Saint Vrain can only occur at the subject property. The application materials did not include a Reasonable Alternative plan however, it was stated that no non-structural alternatives are viable. The application materials indicate that the Colorado Public Utilities Commission (CPUC) determined that thermal generation, such as that proposed with this amendment to Fort Saint Vrain, is a necessary component of the Clean Energy Plan (CEP) set forth for within the 2021 Electric Resource Plan and that the CEP guides energy development goals of Xcel Energy. This Project allows Xcel Energy to construct thermal generation in order to boost system reliability while the CEP is being implemented. According to the application materials, this Project is approved by the CPUC and it represents the use and application of best technology and industry standards for generating electric energy. The Project will utilize the best available technology to continue to provide reliable electricity generation to users in Weld County and northern Colorado. D. Section 21-3-340.A.4 -- A satisfactory program to mitigate and minimize adverse impacts has been presented. Construction on the site is anticipated to be completed in approximately two (2) years. During this construction period short-term effects to air quality are anticipated from an increase in construction vehicles, which may increase fumes and fugitive dust, construction equipment exhaust (fumes), and clearing and preparing areas for construction (dust). Water trucks will be utilized during construction to control dust. The application materials include a Noise Study, a Stormwater Drainage Study, a Visual Analysis, a Decommissioning Plan, a Cultural Resources Desktop Review, and a Water Resources Map (Wetlands and Floodplain). The referral comments from the Department of Public Health and Environment dated May 12, 2025, state that state that a Noise Study was submitted by Power Engineers, Inc. and that the study did not include the addition of the two (2) CTs. However, the application materials stated that the operational noise from the expansion of Fort Saint Vrain will not substantially add to the noise that is currently produced from the Facility. The application materials also state that the noise level from the Facility will comply with the maximum permissible noise level of 80dB(A) between 7:00 a.m. - 9:00 p.m. and 75dB(A) between 9:00 p.m. — 7:00 a.m. for industrial areas or construction activities as required by Section 14-9-40 of the Weld County. The noise limitations for the industrial zone are 1 MJUSR25-08-1647 I PSCo — Fort Saint Vrain Page 3 of 16 added as a Development Standard and the Facility is required to adhere to the industrial zone district decibel limits as stipulated in 25-12-103 C.R.S. The Colorado Department of Public Health and Environment (CDPHE) submitted referral agency comments dated May 13, 2025, and the Colorado Parks and Wildlife (CPW) submitted referral agency comments dated May 28, 2025. CDPHE's referral states that an Air Pollutant Emissions Notice (APEN) and other state permits may be required. The CPW provided recommendations on avoiding high priority habitats during certain times of the year. The State Historical Society (History Colorado), Weld County Office of Emergency Management (OEM), Weld County Sheriff's Office (WCSO), Platteville-Gilcrest Fire Protection District, and United States Fish & Wildlife Service (USFWS) were also provided an opportunity to review the application, however no referral responses were received from any of these agencies. The surrounding land uses include oil and gas, vacant land, and agriculture. Occidental Petroleum Corporation owns and operates the Saint Vrain Compressor Station directly south of County Road 34. There are twenty-four (24) adjacent properties with twelve (12) unique property owners within 1,320 feet (1/4 mile) of the parcel. The properties adjacent to the subject property a total of about 2,700 acres and are all under the ownership of Xcel Energy. There are four (4) residences within 1,320 feet (1/4 mile) of the site. The twelve (12) surrounding property owners were notified on April 28, 2025, and June 20, 2025. The six (6) mineral owners were notified on June 23, 2025, no correspondence was received. 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. Fort Saint Vrain was originally constructed as a nuclear power plant in the 1960s but was decommissioned in the 1990s and converted to a natural gas power plant. The majority of the subject property was zoned 1-3 (Heavy Industrial) per Change of Zone case #Z-76 in 1966, the resolution for Z-76 was not located but the zoning map was recorded on November 10, 1966, under reception # 1496965. The northern four hundred seventy (470) acres are zoned 1-3 (Heavy Industrial) and the southern one hundred sixty (160) acres are zoned A (Agricultural). The facility is located in the 1-3 (Heavy Industrial) Zone District. Per the Weld County Code, 1041 applications for a Major Facility of a Public Utility, are allowed to be permitted in all zoning districts. As part of the pre -application process the Towns of Firestone, Johnstown, Mead, Milliken, and Platteville were sent a Notice of Inquiry (NOI). The submitted NOls from the towns indicate that they have no interest in pursuing annexation. The Town of Firestone submitted an NOI dated April 17, 2025, the Town of Johnstown submitted an NOI dated April 14, 2025, the Town of Mead submitted an NOI dated April 15, 2025, the Town of Milliken submitted an NOI dated April 16, 2025, and the Town of Platteville submitted an NOI dated April 25, 2025. The site is not located within the Growth Management Area or Future Land Use Map of any Municipality. The subject property is located within the three (3) -mile referral area for Towns of Firestone, Johnstown, Mead, Milliken, and Platteville. The Town of Firestone and the Town of Platteville responded with no concerns in their referral agency comments dated May 13, 2025, and May 20, 2025, respectively. The Towns of Johnstown, Mead, 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 Project area is within jurisdiction of the Weld County Sheriff's Office (WCSO) and Platteville- Gilcrest Fire Protection District. The county roads in the area are maintained by the Weld County Department of Public Works. Unless emergency situations occur, these services are not expected to be significantly impacted. The WCSO submitted referrals with no comments dated April 28, 2025. Platteville-Gilcrest Fire Protection District did not submit referral agency comments, and the referral 1 MJUSR25-08-1647 I PSCo — Fort Saint Vrain Page 4 of 16 agency comments provided by Development Review dated May 23, 2025, state that a Road Maintenance Agreement is required for construction traffic. G. Section 21-3-340.A.7 -- The nature and location or expansion of the facility will not create an expansion of the demand for government services beyond the reasonable capacity of the community or region to provide such services, as determined by the Board of County Commissioners. Fort Saint Vrain was originally constructed in the late 1960s and has been operating in its current capacity since the late 1990s. The addition of the two (2) CTs will not adversely affect the Weld County Sheriff's Office (WCSO), health care facilities, adjacent agricultural activities, or community facilities and utilities. The referral agency comments provided by Development Review dated May 23, 2025, state that a Road Maintenance Agreement is required for construction traffic. The expansion of the Facility will support residential and commercial growth in the area. This growth will impact the services in the region, however, the addition of the two (2) combustion turbines will not create any undue burden on County, state, and private services. 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 Facility is not located in an area with meteorological or climatological conditions that would unreasonably interfere with normal operations and maintenance. The Facility is designed to minimize the risks from natural hazards such as high winds and floods. 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. Beeman Ditch owned by the Beeman Irrigating Ditch and Milling Company and the ditch traverses the property in the proximity of the Facility, however, referral agency concerns were not received from the Beeman Ditch company. No groundwater discharge areas are located near the Project. No impacts to groundwater recharge areas are anticipated. No adverse effects to water rights of any upstream, downstream, or agricultural users, adjacent communities, or other water users are anticipated. J. Section 21-3-340.A.10 -- Adequate water supplies are available for facility needs. Central Weld County Water District (CWCWD) issued a Will Serve letter dated January 16, 2025. There are two (2) existing diversions from the Saint Vrain Creek and the South Platte River, a number of wells, and a water tap from the CWCWD currently serving the Facility. Additional water needs, resulting from the expansion of the site, are proposed to be met by the CWCWD. On May 22, 2025 referral agency comments were received from CWCWD (District) which stated that, "The District is in the process of negotiating a water transfer agreement with PSCo [Xcel] to secure the raw water necessary for the proposed increased water demand at the property served by tap 240. The District requests that the planning department required that the agreement be executed prior to the approval of the application." On August 4, 2025 an email was received from CWCWD that stated that the water transfer agreement had been fully executed. Water trucks will be utilized during construction to control dust. The Division of Water Resources submitted referral agency comments dated May 28, 2025, with no concerns. 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. Xcel Energy, the applicant, has or will obtain all required easements. The Project unduly interfere with the existing easements, utilities, and roads in the area. The applicant has stated that the 1 MJUSR25-08-1647 I PSCo — Fort Saint Vrain Page 5of16 Project is specifically sited to avoid any existing easements or rights -of -way, for other utilities, canals, mineral claims, or roads. 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. Adequate gas, telephone, and other utility services are present and have been in on -site, in one form or another, since the 1960s. According to the application materials, "Domestic wastewater is treated through a pre-package system that includes a preaeration unit before flowing to a lagoon with two aeration cells and then through a polishing pond. The outflow from the polishing pond can be chlorinated if needed. Effluent from the system is comingled with treated industrial process wastewater and discharged to either Saint Vrain Creek or South Platte River under the Fort St. Vrain facility Colorado Discharge Permit System (CDPS) Individual Industrial Major Permit (CO -0001121)." The referral comments from the Department of Public Health and Environment dated May 12, 2025, state that a vault is used for the chemistry lab restrooms (SP -0800019) and an on -site wastewater treatment system (G19880162) is used at the visitor center. An on -site wastewater treatment system (SP -9600408) is utilized for the office building. This system was designed for up to forty (40) people. Portable toilets will be utilized during construction and will be removed from the subject parcel once construction of CT units 7 and 8 is completed. Potable water is provided by Central Weld County Water District. 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. Fort Saint Vrain generating facility occupies about seventy-five (75) acres of a six hundred thirty (630) -acre parcel, however, the numerous pipelines and transmission lines extend from the facility to all areas of the County. Xcel owns approximately 2,700 acres of land in this area and the built area is a small fraction of this area. The remaining acreage is generally vacant and may contain significant wildlife habitat, endangered wildlife species, unique natural resource, or historic landmarks. This expansion of the Facility is focused on approximately seven (7) acres just to the east of the existing combustion turbines. The application materials include a Cultural Resources Desktop Review, a Significant Environmental Sensitive Factors Map, a Water Resources Map (Wetlands and Floodplain) analysis, a Noise Study, a Stormwater Drainage Study, a Visual Analysis, an APEN, and a Decommissioning Plan. The Cultural Resources Desktop Review of the site and the surrounding lands evaluated the biological resources that may be influenced by the construction, maintenance, or operation of the Project. The Cultural Resources Desktop Review is a compilation of data gathered from the following publicly available information sources: i. Google Earth Aerial Imagery ii. National Land Cover Database iii. USFWS Information for Planning and Consultation iv. USFWS Critical Habitat Portal v. Colorado Natural Heritage Program Conservation Data Explorer -CODEX vi. Colorado Parks and Wildlife (CPW) Species Activity Mapping Data vii. CPW State Species List viii. CPW Online species profiles and distribution information The U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation online tool and Colorado Parks and Wildlife (CPW) online databases were used to identify federally and state protected species that may occur near the Project in Weld County, including species listed or proposed for listing under the Endangered Species Act, bald eagles (Haliaeetus leucocephalus) and golden eagles (Aquila chrysaetos), protected under the Bald and Golden Eagle Protection Act, 1 MJUSR25-08-1647 I PSCo — Fort Saint Vrain Page 6 of 16 and state listed threatened or endangered species. In addition to the federally and state listed species that receive regulatory protection, state Species of Concern were also evaluated. Although Species of Concern do not receive any regulatory protection, they have been identified by the state as having management interest either due to declining populations or habitat loss. A total of eighteen (18) special -status wildlife species were identified as potentially occurring within one (1) mile of the proposed Project. Of the eighteen (18) identified species the bald eagle, western burrowing owl, and some fish and invertebrates have a high likelihood of occurrence (likely to be affected) and creatures like the monarch butterfly, ferruginous hawk, and Preble's jumping mouse have a moderate likelihood of occurrence. Colorado Parks and Wildlife (CPVV) submitted referral agency comments dated May 28, 2025, with recommendations on avoiding high priority habitats during certain time of the year and USFWS did not respond with referral agency comments. The application materials indicate there will be minimal impact to wildlife in the area and that sensitive natural resources and areas of wildlife interest were not located within the Project area. Additionally, the results of the Cultural Resources Desktop Review show that the Project will not affect unique natural resources or historic landmarks in Weld County. Federal, state, and local agencies designate areas to help conserve habitats critical to migratory birds and other sensitive species (e.g., National Wildlife Refuges, National Grasslands, State Parks, and State Wildlife Areas). No federally or state -managed conservation areas are within one (1) mile of the Project. In addition, no Critical Habitat designated by the U.S. Fish and Wildlife Service (USFWS) is mapped in the Project area. Measures will be implemented to minimize the spread of noxious weeds on the subject parcel. The Cultural Resources Desktop Review reviewed archaeological site files, and the Colorado Cultural Resource Online Database (Compass) maintained by the Colorado Historic Society Office of Archaeology and Historic Preservation. Included in the Compass database are records of properties listed in the National Register of Historic Places. Five (5) previously recorded cultural resources were documented in the Research Area. Of these resources, none are located within the Project area. An additional ten potential historic sites were identified through the search of available data historic maps, historic imagery, and General Land Office (GLO) plats. None of the potential historic resources are located within the Project Area. If an unanticipated discovery of a cultural or historic resource, human remains, or paleontological resource, is encountered, construction crews will comply with the protocol outlined in the Unanticipated Discovery Plan for the Project. The Colorado Department of Public Health and Environment (CDPHE) submitted referral agency comments dated May 13, 2025, which indicates that an Air Pollutant Emissions Notice (APEN) and other state permits may be required. The State Historical Society (History Colorado), Weld County Office of Emergency Management (OEM), Weld County Sheriff's Office (WCSO), Platteville-Gilcrest Fire Protection District, and United States Fish & Wildlife Service (USFWS) were also provided an opportunity to review the application, however no referral responses were received from any of these agencies. N. Section 21-3-340.A.14 -- The nature and provision of service, will not significantly deteriorate water or air quality in the impact area. The application materials included a Significant Environmentally Sensitive Factors report that included a National Wetland Inventory (NWI) and a National Hydrography Dataset (NHD). The major NHD-mapped drainages associated with wetlands and other waters of the United -States (WOTUS) include the South Platte River, Saint Vrain River, and associated unnamed tributaries. NWI-mapped features associated with these drainages include freshwater emergent wetlands that are located in the northwest quarter of the subject parcel. No groundwater discharge areas are located near the Project. No impacts to groundwater recharge areas are anticipated. BMPs 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 1 MJUSR25-08-1647 I PSCo — Fort Saint Vrain Page 7 of 16 waterbodies or groundwater. No adverse effects to water rights of any upstream, downstream, or agricultural users, adjacent communities or other water users are anticipated. A Storm Water Permit for Construction Activities will be obtained from Colorado Department of Public Health and Environment (CDPHE), and a site -specific Stormwater Management Plan (SWMP) will be developed prior to construction. The CDPHE submitted referral agency comments dated May 13, 2025, which stated that an Air Pollutant Emissions Notice (APEN) and other state permits may be required. The applicant provided a copy of the Construction Permit (94WE609) date issued June 18, 2025. The application included the required Air Pollutant Emissions Notice (APEN) forms for CT Units 7 and 8 as well as the addition of SCR controls on the existing CT Unit 2. When issued, the permit will include requirements for the CT Units 7 and 8 and the existing CT Unit 2 which is impacted from a NOx standpoint because the reduction in NOx emissions from the addition of the SCR controls is being done to offset NOx emissions from the two new CT Units 7 and 8. Xcel Energy will apply for a CDPHE APEN for land development prior to construction and follow state standards to control the release of fugitive dust related to construction, if necessary. The APEN will be required for a disturbance greater than 25 contiguous acres and land development activities longer than 6 months. 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. Fort Saint Vrain was constructed on about seventy-five (75) acres of a six hundred thirty (630) -acre parcel located just south of the confluence of the Saint Vrain and the South Platte Rivers, however, it is not located in the floodplain. The site is not in an identified geological hazard area by the Colorado Geological Survey. A geotechnical study on the soil types and building specifications was submitted with the application materials. The subject property is relatively flat with little variation in topography and the Project will not significantly change the existing topography. Areas that will not be needed for operations and maintenance will be reclaimed in a manner generally similar to their condition before construction. 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. Fort Saint Vrain was constructed on approximately seventy-five (75) acres on the north -central portion of a six hundred thirty (630) -acre parcel located just south of the confluence of the Saint Vrain and the South Platte Rivers, and even though a portion of the six hundred thirty (630) acres is located in the floodplain, the Facility is not in the floodplain or in a geological hazard area. The Significant Environmentally Sensitive Factors illustrates the mapped National Wetland Inventory (NWI) or National Hydrography Dataset (NHD) feature locations within the site. The major NHD-mapped drainages associated with wetlands and other waters -of -the -United -States (WOTUS) features located near the Project include the South Platte River, Saint Vrain River, and associated unnamed tributaries. NWI-mapped features associated with these drainages include freshwater emergent wetlands that are located in the northwest quarter of the subject parcel. The rivers and drainage features in the area will not be degraded below state and federal standards with this Project. 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. Beeman Ditch owned by the Beeman Irrigating Ditch and Milling Company and the ditch traverses the property in the proximity of the Facility, however, referral agency concerns were not received from the Beeman Ditch company. 1 MJUSR25-08-1647 I PSCo — Fort Saint Vrain Page 8 of 16 No impact to marshlands and wetlands is anticipated as a result of the Project. The Significant Environmentally Sensitive Factors illustrates the mapped National Wetland Inventory (NWI) and the National Hydrography Dataset (NHD) feature locations within the site. The major NHD-mapped drainages associated with wetlands and other waters -of -the -United -States (WOTUS) features located near the Project include the South Platte River, Saint Vrain River, and associated unnamed tributaries. NWI-mapped features associated with these drainages include freshwater emergent wetlands that are located in the northwest quarter of the subject parcel. A Storm Water Permit for Construction Activities will be obtained from CDPHE, and a site -specific Stormwater Management Plan (SWMP) will be developed prior to construction. According to the application materials the Project will avoid wetlands, streams, lakes, and reservoirs and water quality will be maintained during construction through BMPs and the site - specific Stormwater Management Plan (SWMP). There should be no adverse impact to the aquifers. R. Section 21-3-340.A.18 -- The benefits of the proposed developments outweigh the losses of any natural resources or reduction of productivity of agricultural lands as a result of the proposed development. The Facility is located in the 1-3 (Heavy Industrial) Zone District. The Section and surrounding lands are owned by Xcel Energy. Any existing agricultural activities in the area will not be adversely affected by the expansion of Fort Saint Vrain. Additionally, it is anticipated that the local economy will benefits during construction and the long-term benefits will be to the consumers by continuing to provide consistent electricity. S. Section 21-3-340.A.19 -- The applicant has obtained or will obtain all property rights, permits and approvals necessary for the proposed project, including surface, mineral and water rights and easements for drainage, disposal, utilities, access, etc. If the applicant has not obtained all necessary property rights, permits and approvals, the Board may, at its discretion, grant the permit conditioned upon completion of the acquisition of such rights prior to issuance of a zoning or building permit by the County. Xcel Energy is the owner of the site and will or has obtained all property rights, permits and approvals necessary for the proposed project, including surface, mineral and water rights and easements for drainage, disposal, utilities, and access. T. Section 21-3-340.A.20 -- The proposed project (nonlinear facilities) will not present an unreasonable risk of exposure to or release of toxic or hazardous substances within the impact area. The determination of effects of the project shall include the following considerations: a. The means by which outdoor storage facilities for fuel, raw materials, equipment and related items are adequately enclosed by a fence or wall. b. The likelihood of hazardous materials or wastes being moved off the site by natural causes or forces. c. Containment of inflammable or explosive liquids, solids or gases. Xcel Energy anticipates a 2,388 -gallon, double -walled, red -dye diesel tank will be stored on the subject property during construction. Additionally, five hundred (500) -gallon gasoline fuel cube will be kept at the maintenance shop. Five (5) -gallon gas cans for small tools and aerosols (spray paint) will be kept in flame cabinets away from the power block. Chemicals and waste will be stored in a Connex container with double wall containment. The fuel storage and other items will be removed from site once construction and post construction activities are completed. The Connex will be located in the temporary parking and laydown yard area within the Project area. In addition to storage of fuel and chemicals, raw materials such as construction materials, aggregate, and earthwork will be stored within a temporary eight (8) -acre laydown yard and temporary two -and -a -half (2.5) -acre stockpile area. Equipment and vehicles associated with construction activities will be located within the temporary parking areas. All materials, fuel, 1 MJUSR25-08-1647 I PSCo — Fort Saint Vrain Page 9 of 16 equipment, and related items will be located within a permanently fenced in an area that encompasses the Project area. It is unlikely that hazardous materials or wastes will be moved off the subject parcel by natural causes or forces. All hazardous materials and wastes will be stored on the site in a safe and secure manner. Construction waste will be contained in numerous roll -off dumpsters, tippy dumpsters, and trash cans around the site. Debris, junk, and other waste will be hauled off site on a regular schedule. The management, transportation, and disposal of waste generated by the Project will be in accordance with applicable local, state, and federal regulations. Spills, runoff of sediment, and contaminants to waterbodies and groundwater will be mitigated by careful adherence to these local, state, and federal regulations. Construction equipment and materials will be removed from the site and waste products from the construction process will be properly disposed of once construction has been completed. Areas that will not be needed for operations and maintenance will be reclaimed in a manner generally similar to their condition before construction. U. Section 21-3-340.A.21 -- The scope and nature of the proposed project will not unnecessarily duplicate existing services within the County. The scope and nature of the Project does not duplicate any existing services within Weld County. The Project will increase the output of the Facility and provide electricity to Weld County and northern Colorado at large. V. Section 21-3-340.A.22 -- If the purpose and need for the proposed project are to meet the needs of an increasing population within the County, the area and community development plans and population trends demonstrate clearly a need for such development. The overall transition to an electric economy requires an abundance of safe and reliable electricity. The electricity generated at Fort Saint Vrain is a fundamental component of ensuring the health, safety and welfare of the citizens of Weld County. The Project aids in the continued provision of an absolute necessity, electricity. This amendment to add two (2) more combustion turbines is a necessary improvement to the electric generation system in Colorado and will assist in providing safe, reliable, and affordable power to 1.6 million Coloradans. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. A Road Maintenance Agreement for 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) B. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled 1 MJUSR25-08-1647 (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) 3) The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4) Show and label all recorded easements by book and page number or reception number and date. (Department of Planning Services) 1MJUSR25-08-1647 I PSCo — Fort Saint Vrain Page 10 of 16 5) Show and label the approved Screening Plan. (Department of Planning Services) 6) Show and label all recorded easements and rights -of -way by book and page number or reception number and date. (Department of Planning Services) 7) County Road 19 '/z is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate and label on the amended 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. This road is maintained by Weld County. (Development Review) 8) County Road 34 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate and label on the amended 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. This road is maintained by Weld County. (Development Review) 9) Show and label the approved access locations, approved access width and the appropriate turning radii (65'). (Development Review) 10) Show and label the approved tracking control. (Development Review) 11) 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) 12) Show and label the accepted drainage features. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated water quality and detention volumes. (Development Review) 13) Show and label the drainage flow arrows. (Development Review) 14) Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Development Review) 15) 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) 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 paper map along with all other documentation required as Conditions of Approval. The paper map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Paper 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, Weld County Code Ordinance, should the map not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution, a $50.00 continuance fee shall be added for each additional three (3) month period. (Department of Planning Services) 1 MJUSR25-08-1647 I PSCo — Fort Saint Vrain Page 11 of 16 4. Prior to Construction: A. The approved tracking control shall be constructed prior to on -site construction. (Development Review) B. Overweight and/or oversized special transport permits from the Department of Public Works shall be acquired for all applicable trucks. (Development Review) C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Development Review) D. The applicant shall submit and receive approval for a Floodplain Development Permit, if applicable. (Department of Planning Services - Floodplain) 1MJUSR25-08-1647 I PSCo — Fort Saint Vrain Page 12 of 16 USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Public Service Company of Colorado (PSCo) 1 MJUSR25-08-1647 1. A Major Amendment to a 1041, 1 MJUSR25-08-1647, for a Major Facility of a Public Utility (Fort Saint Vrain Generating Facility and natural gas pipelines) to add two (2) natural gas fired combustion turbines (CT) and associated facilities in the 1-3 (Heavy Industrial) and A (Agricultural) Zone Districts, subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. Hours of operation are Fort Saint Vrain operates 24 hours a day / 7 days a week. (Department of Planning Services) 4. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. (Department of Planning Services) 5. Lighting shall be maintained in accordance with the approved Lighting Plan, as applicable. (Department of Planning Services) 6. 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 Planning Services) 7. 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 Planning Services) 8. 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 applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Planning Services) 9. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Planning Services) 10. 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 Planning Services) 11. Portable toilets and bottled water are acceptable during construction. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County, shall contain hand sanitizers and be screened from the public right of way and neighboring properties. (Department of Planning Services) 12. Any on -site wastewater treatment system located on the property must comply with all provisions of the Weld County Code, pertaining to on- site wastewater treatment systems. (Department of Planning Services) 13. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. A permanent, adequate water supply shall be provided for drinking and sanitary purposes, as applicable. (Department of Planning Services) 14. All chemicals on -site must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Planning Services) 1 MJUSR25-08-1647 I PSCo — Fort Saint Vrain Page 13 of 16 15. Secondary containment shall be constructed around tanks to provide containment for the largest single tank and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently impervious to contain any spilled or released material. Secondary containment devices shall be inspected at regular intervals and maintained in good condition. All secondary containment will comply with the Energy and Carbon Management Commission (ECMC) Commission Rules. (Department of Planning Services) 16. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Planning Services) 17. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. (Department of Planning Services) 18. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment (CDPHE), Water Quality Control Division, as applicable. (Department of Planning Services) 19. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in 25-12-103 C.R.S. (Department of Planning Services) 20. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Planning Services) 21. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non- compliance of a State issues permit, and of the outcome or disposition of any such compliance advisory or other notice of non-compliance. (Department of Planning Services) 22. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Planning Services) 23. If cultural resources are discovered during construction, all land -altering activities will be immediately suspended and the discovery left intact until such time that the Public Service Company of Colorado, the consulting archaeologist, the State Historical Society, and/or the State Archaeologist, are notified and appropriate measures taken to assure compliance with the national Historic Preservation Act and enabling legislation. (Department of Planning Services) 24. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review) 25. 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) 26. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Development Review) 27. 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) 28. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement for Construction. (Development Review) 29. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Development Review) 30. The historical flow patterns and runoff amounts will be maintained on the site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to runoff rate and velocity increases, diversions, concentration and/or unplanned ponding of stormwater runoff. (Development Review) 1 MJUSR25-08-1647 I PSCo — Fort Saint Vrain Page 14 of 16 31. Weld County is not responsible for the maintenance of onsite drainage related features. (Development Review) 32. 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 -1885F and 1905F dated November 30, 2023 (St Vrain River 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) 33. 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) 34. 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) 35. 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) 36. 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, 2023 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) 37. 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) 38. 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) 39. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended. (Department of Planning Services) 40. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 41. 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 1 MJUSR25-08-1647 I PSCo — Fort Saint Vrain Page 15 of 16 Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. (Department of Planning Services) 42. 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) 43. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of Board of County Commissioners signed Resolution, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated. 44. This Use by Special Review shall terminate when the use is discontinued for a period of three (3) consecutive years, the use of the land changes or the time period established by the Board of County Commissioners through the approval process expires. The landowner may notify the Department of Planning Services of a termination of the use, or Planning Services staff may observe that the use has been terminated. When either the Department of Planning Services is notified by the landowner, or when the Department of Planning Services observes that the use may have been terminated, the Planner shall send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit. 45. In such cases where the Use by Special Review has terminated but the landowner does not agree to request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to request that the Use by Special Review Permit not be vacated, for good cause shown. The landowner shall be notified at least ten (10) days prior to the hearing. If the Board of County Commissioners determines that the Use by Special Review has terminated and no good cause has been shown for continuing the permit, then the termination becomes final, and the Use by Special Review Permit is vacated. 1MJUSR25-08-1647 I PSCo — Fort Saint Vrain Page 16 of 16 June 20, 2025 DEPARTMENT OF PLANNING SERVICES 1402 North 17th Ave Greeley, CO 80631 Website: www.weld.gov Email: daungst@weld.gov Phone: (970) 400-3524 Fax: (970) 304-6498 Jennifer Chester 1800 Larimer Street, Suite 1300 Denver, CO 80202 Subject: 1 MJUSR25-08-1647 - A Major Amendment to Use By Special Review Permit No USR-1647 for a 1041 Major Facility of a Public Utility (Fort Saint Vrain Generating Facility and natural gas pipelines) to add two (2) natural gas fired combustion turbines (CT) and associated facilities in the 1-3 (Heavy Industrial) and A (Agricultural) Zone Districts On parcel(s) of land described as: Section 10, T3N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on August 5, 2025 at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on August 20, 2025 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at https://aca- prod.accela.com/WELD/ Respectfully, Diana Aungst Planner Hello