HomeMy WebLinkAbout20252279.tiffBefore the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Palizzi, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
Case Number:
Applicant:
Planner:
Request
Legal Description:
Location
1 MJUSR25-08-1647
Public Service Company of Colorado
Diana Aungst
First 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 District.
Section 10. Township 3 North, Range 67 West of the 6th P.M., Weld County,
Colorado.
North of and adjacent to County Road 34: east and west of County Road 19.5.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Chapter 21 of the Weld
County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 21-
3-340. A of the Weld County Code, as follows:
A. Section 21-3-340.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.
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.
Resolution 1MJUSR25-08-1647
Public Service Company of Colorado
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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
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 Sheriffs 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
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Public Service Company of Colorado
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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
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 govemment 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 Sheriffs 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
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Public Service Company of Colorado
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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 chmatological 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 agncultural 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 am available for facility needs
Central Weld County Water Distract (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
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 utihhes 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
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Public Service Company of Colorado
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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 (Hahaeetus 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
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 (CPW) 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
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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 Sheriffs 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 detenorate 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
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
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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
Vran and the South Platte Rivers, and even though a portion of the sikhundred 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
permeabdrty, 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
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
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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 nghts, permits and approvals, the Board may, at its discretion, grant the permit
conditioned upon completion of the acquisition of such rights poor 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 matenals, 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,
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
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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 Vram 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 Planning Commission 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)
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)
Resolution 1MJUSR25-08-1647
Public Service Company of Colorado
Page 10
7) County Road 19 i' 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)
4 Prior to Construction
A The approved tracking control shall be constructed prior to on -site construction (Development
Review)
Resolution 1 MJUSR25-08-1647
Public Service Company of Colorado
Page 11
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 fora Floodplain Development Permit, if applicable
(Department of Planning Services - Floodplain)
Motion seconded by Virginia Guderjahn
VOTE
For Passage
Butch White
Michael Wailes
Michael Palizzi
Virginia Guderjahn
Barney Hammond
Michael Biwer
Calven Goza
Cole Ritchey
Against Passage Absent
Hunter Rivera
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
Certification of Copy
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on August 5, 2025
Dated the 5c, of
August, 2025
Kristine Ranslem
Secretary
Resolution 1MJUSR25-08-1647
Public Service Company of Colorado
Page 12
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 Vram 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)
Resolution 1MJUSR25-08-1647
Public Service Company of Colorado
Page 13
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)
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 dny 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)
Resolution 1MJUSR25-08-1647
Public Service Company of Colorado
Page 14
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)
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 Vram 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 maybe 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
Resolution 1 MJUSR25-08-1647
Public Service Company of Colorado
Page 15
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
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
Summary of the Weld County Planning Commission Meeting
Tuesday, August 5, 2025
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair
Butch White, at 1:30 p.m.
Roll Call
Present: Barney Hammond, Butch White, Calven Goza, Cole Ritchey, Michael Biwer, Michael Palizzi,
Michael Wailes. Virginia Guderjahn
Absent: Hunter Rivera
Also Present: Diana Aungst. Maxwell Nader, Molly Wright, Angela Snyder, Department of Planning
Services, Mike McRoberts, Development Review, Karin McDougal, County Attorney, and Kris Ranslem,
Secretary.
Case Number:
Applicant:
Planner:
Request*
Legal Description:
Location:
1 MJUSR25-08-1647
Public Service Company of Colorado
Diana Aungst
First 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 District.
Section 10, Township 3 North. Range 67 West of the 6th P.M.., Weld County,
Colorado.
North of and adjacent to County Road 34; east and west of County Road 19.5.
Diana Aungst, Planning Services. presented Case 1 MJUSR25-08-1647, reading the recommendation and
comments into the record. Ms. Aungst noted that no correspondence was received from surrounding
property owners regarding this application. The Department of Planning Services recommends approval
of this application along with conditions of approval and development standards.
Mike McRoberts Development Review, reported on the existing traffic, access to the site and drainage
conditions for the site.
Hans Rodvik, Xcel Energy, 1500 6th Street, Greeley, Colorado stated that this project will provide, reliable
and consistent power with generating and additional 364 megawatts of power. These units are designed
to run individually, which enhances the overall safety and reliability of the system. The project construction
will begin in summer 2025 and is planned to be in-service in October 2027.
Lisa Foster, Xcel Energy, 3500 Blake Street, Denver, Colorado, provided an overview of the project details
and described the proposed changes to the site.
Ms. Foster referred to Condition of Approval 1A regarding the requirement of a Road Maintenance
Agreement for construction and added that their response is that a Road Maintenance Agreement for
construction will be developed based on the form that has been used by Xcel Energy and Weld County for
other recent projects in Weld County.
Ms. Foster referred to Condition of Approval 1.B.5 regarding the screening plan and added that the USR
Map has been updated to include the comments provided by the Department of Planning Services. She
stated that Xcel Energy requests this item be removed as it is their understanding that it is not applicable
to this project. Unlike projects that include stand along laydown yard that is visible from neighboring
residential properties or public rights -of -way, the temporary laydown yard for this project is located at the
project site and does not impact neighboring residential properties or public rights -of -way.
1
Commissioner Hammond asked how many homes this project,would serve Mr Rodvik said that the Fort
Saint Vrain Plant is the largest natural gas facility within the Xcel Energy system and after these two units
will be added it will be even larger He said that with 500 megawatts it can serve up to 175,000 homes
Commissioner Hammond asked if they will have to expand again in the future because of population growth
Mr Rodvik said that the clean energy plan, which was finalized in 2024, included about 6500 megawatts in
new generation He added that it does not add a full 6500 megawatts because they are retiring some of
their assets around the state In looking forward to the next 10 years in Colorado, they have rolled out an
investment plan for Xcel Energy of $22 5 billion
Commissioner Wailes referred to the application where it talks about the new turbines burning hydrogen
and by 2050 you expect to be 100% hydrogen fueled Mr Wailes asked if there is an efficiency increase
when you go to hydrogen Mr Rodvik said that he isn't an engineer so couldn't speak about the efficiencies
but added that by 2030 they will have met or exceeded the goal of reducing their emissions from 2005
levels by 80%
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one wished to speak
The Chair asked Staff if there are any changes to the Development Standards or the Conditions of Approval
Ms Aungst referred to the screening plan and said that there are several different types of screening at the
Fort Saint Vrain Plant and added that Staff isn't looking for any additional screening to be added, however,
they would like to see what is out there reflected on the 1041 USR Map
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement
Motion Forward Case 1 MJUSR25-08-1647 to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Micael Palizzi, Seconded by Virginia Guderjahn
Vote Motion carried by unanimous roll call vote (summary Yes = 8)
Yes Barney Hammond, Butch White, Calven Goza, Cole Ritchey, Michael Biwer, Michael Palizzi, Michael
Wailes, Virginia Guderjahn
Meeting adjourned at 4 49 p m
Respectfully submitted,
4 �ub t-, ttnat iz/YL
Kristine Ranslem
Secretary
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