HomeMy WebLinkAbout20252278.tiffResolution
Approve Major Amended Use by Special Review Permit, 1 MJUSR25-08-1647, 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
— Public Service Company of Colorado
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, the Board of County Commissioners held a public hearing on the 20th day of
August, 2025, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of the Public Service Company of Colorado, 1800 Larimer Street,
Suite 400, Denver Colorado 80202, for Major Amended Use by Special Review Permit,
1 MJUSR25-08-1647, 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 the following described real estate, being more particularly described
as follows:
Section 10, Township 3 North, Range 67 West of the 6th P.M.,
Weld County, Colorado
Whereas, at said hearing, 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
Chapter 21 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. Fort Saint Vrain natural gas generating
station (Facility) is owned and operated by the Public Service of Colorado
(PSCo), doing business as Xcel Energy, and has existed as an electrical
power plant since the mid -1960s. The amendment to this 1041 will add
two (2) more combustion turbines (CTs) to the Facility (Project). Fort Saint
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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 Colorado Interstate Gas (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 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. 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 money in these communities for fuel, food, and other supplies.
There are no anticipated adverse socioeconomic impacts associated with
the Project. The installation of the two (2) CTs 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) CTs and when the Project is
completed there will be a total of eight (8) CTs. Fort Saint Vrain occupies
about 75 acres of a 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 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
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Energy Plan (CEP) set forth within the 2021 Electric Resource. Plan and that
the CEP guides the 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
generated by construction equipment exhaust and clearing and preparing
areas for construction. 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 Weld County Department of
Public Health and Environment, dated May 12, 2025, state 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
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 the noise level from the Facility
will comply with the maximum permissible noise level of 80 dB(A)
between 7:00 a.m. and 9:00 p.m., and 75 dB(A) between 9:00 p.m.
and 7:00 a.m., for industrial areas or construction activities, as required by
Section 14-9-40 of the Weld County Code. The noise limitations for the
industrial zone are added as a Development Standard and the Facility is
required to adhere to the industrial zone district decibel limits, as stipulated
in C.R.S. §25-12-103.
The Colorado Department of Public Health and Environment (CDPHE)
submitted referral agency comments, dated May 13, 2025, which state an
Air Pollutant Emissions Notice (APEN), and other state permits, may be
required. The Colorado Parks and Wildlife (CPW) submitted referral agency
comments, dated May 28, 2025, and 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 Sheriffs Office (WCSO),
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Platteville-Gilcrest Fire Protection District, and United States Fish and
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 (CR) 34. There
are 24 adjacent properties with 12 unique property owners within 1,320 feet
(1/4 mile) of the parcel. The properties adjacent to the subject property total
approximately 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 12
surrounding property owners (SPOs) were notified of the application on
April 28, 2025, and June 20, 2025, the six (6) mineral owners were notified
on June 23, 2025, and no correspondence was received in return.
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, #Z-76, in 1966. The Resolution for Z-76
was approved on June 15, 1966, and the zoning map was recorded on
November 10, 1966, under Reception No. 1496965. The northern 470 acres
are zoned 1-3 (Heavy Industrial) and the southern 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 indicated 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.
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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 the jurisdiction of the WCSO and the 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 a referral, with no comments, dated
April 28, 2025. The Platteville-Gilcrest Fire Protection District did not submit
referral agency comments, and the referral agency comments provided by
the Department of Planning Services — 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 WCSO, health care facilities, adjacent
agricultural activities, or community facilities and utilities. The referral
agency comments provided by the Department of Planning Services —
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) CTs
will not create any undue burden on County, state, or 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 designed to minimize the risks from natural
hazards such as high winds and floods.
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,
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 and no impacts
to groundwater recharge areas are anticipated. No adverse effects to water
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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. The 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, "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 require the agreement be executed prior to the approval of the
application." On August 4, 2025, an email was received from CWCWD that
stated 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 will not unduly interfere with
the existing easements, utilities, and roads in the area. The applicant has
stated that the 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, sewer
and other utilities exist or shall be developed to service the site. Utility
services are present and have been 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 pre -aeration 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 the 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 Weld County Department of Public Health and
Environment, dated May 12, 2025, state a vault is used for the chemistry
lab restrooms (SP -0800019) and an On -site Wastewater Treatment System
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(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 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 the CWCWD.
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 75 acres of a 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 CTs. The application materials include a Cultural Resources
Desktop Review, a Significant Environmental Sensitive Factors Map, a
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:
1) Google Earth Aerial Imagery
2) National Land Cover Database
3) U.S. Fish and Wildlife Service (USFWS) Information for Planning and
Consultation
4) USFWS Critical Habitat Portal
5) Colorado Natural Heritage Program Conservation Data Explorer -
CODEX
6) CPW Species Activity Mapping Data
7) CPW State Species List
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8) CPW Online species profiles and distribution information
The USFWS Information for Planning and Consultation, online tool, and the
CPW online databases were used to identify federally and state protected
species that may occur near the Project in Weld County. This includes
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, 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 18 special -status wildlife species were identified as potentially
occurring within one (1) mile of the proposed Project. Of the 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. CPW submitted
referral agency comments, dated May 28, 2025, with recommendations on
avoiding high priority habitats during certain times 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 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 assessed 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 (10) potential
historic sites were identified through the search of available data historic
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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 CDPHE submitted referral agency comments, dated May 13,
2025, which indicate an APEN and other state permits may be required.
History Colorado, the OEM, the WCSO, Platteville-Gilcrest Fire Protection
District, and 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. Best
Management Practices (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
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 the 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 an APEN and other state permits may be required. The
applicant provided a copy of the Construction Permit (94WE609), issued
June 18, 2025. The application included the required APEN forms for CT
Units #7 and #8 as well as the addition of Selective Catalytic Reduction
(SCR) controls on the existing CT Unit #2. When issued, the permit will
include requirements for 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 (2) new CT Units, #7 and #8. Xcel Energy will apply
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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 occurring longer than
six (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 approximately 75 acres of a 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 75 acres
on the north -central portion of a 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 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 NWI or NHD
feature locations within the site. The major NHD-mapped drainages
associated with wetlands and other 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, traverses the property
in the proximity of the Facility; however, referral agency concerns were not
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received from the Beeman Ditch Company. No impact to marshlands and
wetlands are anticipated as a result of the Project. The Significant
Environmentally Sensitive Factors illustrates the mapped NWI and the NHD
feature locations within the site. The major NHD-mapped drainages
associated with wetlands and other 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
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 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. Section 10, 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 benefit
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:
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1) The means by which outdoor storage facilities for fuel, raw materials,
equipment and related items are adequately enclosed by a fence or
wall.
2) The likelihood of hazardous materials or wastes being moved off the
site by natural causes or forces.
3) 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,
a 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, equipment, and related items will be located within a permanently
fenced 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 offsite 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 Project
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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 CTs 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.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of the Public Service Company of Colorado, for Major
Amended Use by Special Review Permit, 1 MJUSR25-08-1647, 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 the parcel of land described
above, be, and hereby is, granted subject to the following conditions:
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.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled 1MJUSR25-08-1647.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall show and label the existing landscaping and
screening on the site.
5) The applicant shall show and label all recorded easements and
rights -of -way by book and page number or Reception number and
date.
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6) County Road 19.5 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 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 amended USR map. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
7) 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 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 amended USR map. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
8) The applicant shall show and label the approved access locations,
approved access width, and the appropriate turning radii (65').
9) The applicant shall show and label the approved tracking control.
10) 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.
11) The applicant shall 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.
12) The applicant shall show and label the drainage flow arrows.
13) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
14) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. Label the floodplain boundaries with the
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FEMA Flood Zone and FEMA Map Panel Number or appropriate
study.
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 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, 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.
4. Prior to Construction:
A. The approved tracking control shall be constructed.
B. Overweight and/or Oversized Special Transport Permits from the
Department of Public Works shall be acquired for all applicable trucks.
C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
D. The applicant shall submit, and receive approval for, a Floodplain
Development Permit, if applicable.
Use by Special Review Permit
Development Standards
Public Service Company of Colorado
1 MJUSR25-08-1647
1 Major Amended Use by Special Review Permit, 1 MJUSR25-08-1647, is 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, subject to the Development Standards stated hereon.
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2. Approval of this plan may create a vested property right, pursuant to
Section 23-8-10 of the Weld County Code.
3. Hours of operation (for Fort Saint Vrain) are 24 hours a day / 7 days a week.
4. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
5. Lighting shall be maintained in accordance with the approved Lighting Plan, as
applicable.
6. 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.
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, C.R.S. §30-20-100.5.
8. 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 applicant shall operate in accordance with
Chapter 14, Article I of the Weld County Code.
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.
10. The applicant shall submit an Air Pollution Emission Notice (APEN), an Emissions
Permit Application, and obtain a permit from the Air Pollution Control Division of
the Colorado Department of Public Health and Environment, as applicable.
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.
12. Any On -site Wastewater Treatment System (OWTS) located on the property must
comply with all provisions of the Weld County Code, pertaining to OWTS.
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.
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14. All chemicals onsite 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.
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.
16. The facility shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations.
17. The facility shall be constructed and operated to ensure that contamination of soil
and groundwater does not occur.
18. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit
from the Colorado Department of Public Health and Environment, Water Quality
Control Division, as applicable.
19. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone, as delineated in C.R.S. §25-12-103.
20. The facility shall notify the County of any revocation and/or suspension of any
State -issued permit.
21. The applicant shall notify the County upon receipt of any compliance advisory or
other notice of non-compliance of a State -issued permit, and of the outcome or
disposition of any such compliance advisory or other notice of non-compliance.
22. The operation shall comply with all applicable rules and regulations of state and
federal agencies and the Weld County Code.
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.
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.
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25. The access to the site shall be maintained to mitigate any impacts to the public
road, including damages and/or off -site tracking.
26. There shall be no parking or staging of vehicles on public roads. On -site parking
shall be utilized.
27. 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.
28. The property owner shall comply with all requirements provided in the executed
Road Maintenance Agreement for Construction.
29. The Road Maintenance Agreement for Construction for this site may be reviewed
on an annual basis, including a site visit and possible updates.
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.
31. Weld County is not responsible for the maintenance of on -site drainage related
features.
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, but not limited to, buildings or other structures, mining, dredging, filling,
grading, paving, excavation, drilling operations, or storage of equipment and
materials.
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.
34. Construction office trailers, storage trailers, and electrical services to the trailers,
are subject to Building Permits, per Section 29-3-10 of the Weld County Code.
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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.
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
have been adopted by Weld County: 2018 International Codes, 2018 International
Energy Conservation 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, or an Open Hole Inspection
shall be required. A Building Permit must be issued prior to the start of construction.
37. 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.
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.
39. All buildings shall comply with the setback from oil and gas wells, per
Section 23-4-700, as amended.
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, with advance notice 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.
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
Development Standards are permitted. Any other changes shall be filed in the
office of the Department of Planning Services.
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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.
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.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 20th day of August, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
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Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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