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Home My WebLink About20232022.tiffO41 7ozif BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item - Approve Road Maintenance During Construction Agreement for: Public Service Company of Colorado — USR21-0018 DEPARTMENT: Planning Services DATE: June 28th, 2023 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problemlissue: The Department of Planning Services received a request from the applicant, Public Service Company of Colorado, requesting that the Board of County Commissioners consider approving the Road Maintenance During Construction Agreement for (USR21-0018). No collateral is required with this agreement. Weld County Planning Services, Public Works, and the County Attorney's Office have reviewed the above mentioned signed original document and observed the following: • All Public Works related items, of the "Road Maintenance Agreement According To Polic/', are found to be acceptable. • This Agreement complies with the terms of the Use by Special Review Permit Resolution, as signed by the Board of County Commissioners. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda. 2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Recommendation: Option 1. The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval of the Road Maintenance Agreement According To Policy for USR21-0018, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. Anzake Schedule Recommendation Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine Vcafmcul PL(Da/STN/KR/CG) og/3 6P0 2023-2022 Karla Ford From: Sent: To: Cc: Subject: Approve Mike Freeman Wednesday, July 5, 2O23 11:48 AM Karla Ford Kevin Ross Re: Please Reply - BOCC PA REVIEW - USR21-OO18 — Public Service Company of Colorado Sent from my iPhone On Jul 5, 2O23, at 4:52 PM, Karla Ford <kford@weld.gov>wrote- Please advise if you support recommendation. Thank you! Karla Ford gs Office Manager, Board of Weld County Commissioners 1150 O Street, P.Q. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford@weldgov.com :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** <imageOO2.jpg> ageOO2 . j pg> Confidentiality Notice: This electronic transmission and any attached documents or other writings ore intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. if you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Jazmyn Trujillo Martinez <jtrujillomartinez@weld.gov> Sent: Wednesday, July 5, 2O23 8:O5 AM To: Cheryl Hoffman <choffman@weld.gov>; Daniel Mesa <dmesa@weld.gov>; Dawn Anderson <dranderson@weld.gov>; Esther Gesick <egesick@weld.gov>; Karla Ford <kford@weld.gov>; Tom Parko Jr <tparko@weld.gov> Subject: BOCC PA REVIEW - USR21-0018 — Public Service Company of Colorado ATTACHED BOCC PA REVIEW Improvements Agreement: Road Maintenance During Construction Agreement Case/Applicant: USR21-0018 — Public Service Company of Colorado Please note: Consent Agenda Thanks Karla! Best, Jazmyn Trujillo -Martinez Development Review Karla Ford From: Sent: To: Subject: Approve Kevin Ross Kevin Ross Wednesday, July 5, 2023 8:57 AM Karla Ford; Mike Freeman Re: Please Reply - BOCC PA REVIEW - USR21-0018 — Public Service Company of Colorado From: Karla Ford <kford@weld.gov> @we ld.gov> Sent: Wednesday, July 5, 2023 10:52:55 AM To: Mike Freeman <mfreeman@weld.gov>; Kevin Ross <kross@weld.gov> Subject: Please Reply - BOCC PA REVIEW - USR21-0018 — Public Service Company of Colorado Please advise if you support recommendation. Thank you! Karla Ford Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kfordaweldgov.com :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you hove received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Jazmyn Trujillo Martinez <jtrujillomartinez@weld.gov> Sent: Wednesday, July 5, 2023 8:05 AM To: Cheryl Hoffman <choffman@weld.gov>; Daniel Mesa <dmesa@weld.gov>; Dawn Anderson <dranderson@weld.gov>; Esther Gesick <egesick@weld.gov>; Karla Ford <kford@weld.gov>; Tom Parko Jr <tparko@weld.gov> Subject: BOCC PA REVIEW - USR21-0018 — Public Service Company of Colorado ATTACHED BOCC PA REVIEW Improvements Agreement: Road Maintenance During Construction Agreement Case/Applicant: USR21-0018 — Public Service Company of Colorado Please note: Consent Agenda Thanks Karla! Best, 1 ROAD MAINTENANCE AGREEMENT ACCORDING TO REQUIREMENTS DURING THE CONSTRUCTION PERIOD Public Service Company of Colorado, — USR21-0018 HIS Re D MAINTENANCE AGREEMENT, hereinafter referred to as "Agreement, is made this /ay of L , 2023, by and between Public Service Company of Colorado, a corporation organized under t Ala of the State of Colorado, whose address is 1800 Larimer Street, Suite 400, Denver, Colorado 80202, hereinafter referred to as "PSCo," authorized to do business in the State of Colorado, and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County." Both County and PSCo are sometimes referenced herein together as "Parties", and individually as "Party." WITNESSETH: WHEREAS, PSCo is the operator of the following described property in the County of Weld, Colorado: An electric transmission line hereinafter referred to as "Transmission Line," to be located in Sections 1, 2, 3, 4, 5, 6, 10, 12, 13, 24, 25, and 36, Township 7 North, Range 66 West; and Sections 7 and 31, Township 7 North, Range 65 West; and Sections 7, 18, 19, 20, 28, and 29, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado hereinafter referred to as "the Property," and WHEREAS, PSCo has received Board of County Commissioner approval of USR21-0018, herein after referred to as "USR", for the construction, operation and maintenance of the Transmission Line or "Project," and WHEREAS, Construction of the Project will generate additional vehicles and heavy traffic during such construction, directly associated with USR21-0018, for an extended period of time; and WHEREAS, the County, and PSCo are desirous of agreeing to terms involving regulation of haul routes, traffic control, and road wear arising from such additional traffic as desired in this Agreement and depicted in the following incorporated exhibits: Exhibit A — Approved Haul Route Road Map, and Exhibit B — Road Maintenance and Reclamation Plan, and NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the Parties hereto promise, covenant, and agree as follows: Part I: SITE SPECIFIC PROVISIONS A. Reserved B. Haul Route or Haul Route Roads: Haul Routes and Haul Route Roads are considered that length of public roadway within 1/2 mile of each access location for the Project, and a public Right -of -Way (ROW) crossing of the Transmission Line. The Haul Routes and Haul Route Roads identified by PSCo and Public Service Company of Colorado, an Xcel Energy Company — USR21-0018 - RMCA22-0014 Page 1 of 7 approved by the County, referred to herein as "Approved Haul Route Roads" and shown on the attached Exhibit A, for use by vehicular construction traffic associated with the Project shall only include those which are set forth in Exhibit A. Any future alternative Haul Route proposed by PSCo and approved by the County pursuant to Section C.2.0, below, shall be a permitted amendment to Exhibit A, and may be processed administratively by the County Engineer or his designee . C. Maintenance Requirements: 1.0 Off -Site Dust Control/Abatement: PSCo is required to provide dust abatement pursuant to the terms of this Agreement along affected gravel Haul Route Roads within 1/2 mile of each access location for the Project permitted by the County, and each Right -of -Way crossing of the Transmission Line, as determined by the County. County will determine the proportionate share of dust control and abatement to be paid by PSCo. The amount and extent of dust control and abatement measures will be determined by site -specific conditions at the time of Project construction, as determined exclusively by County personnel. The County reserves the right to install traffic counters on the access driveway(s) of the Project during construction. The County will have sole responsibility for determination of the percentage of PSCo's haul route traffic on all affected roads. 2.0 Obligation to Repair Current and Future Haul Routes: PSCo will be financially responsible for the excavation, repair, and patching of any damage on current or future Haul Route Roads, as documented pursuant to the Baseline Inventory in 4.0 below, which in the reasonable sole opinion of County has been created by PSCo's vehicle construction traffic to and from the Property. Should PSCo's site construction activities or related vehicle circulation patterns change in the future so that County approves an alternate Haul Route and all or a significant portion of PSCo's construction traffic no longer utilizes the above -described Haul Route and instead utilizes other portions of County roads, PSCo shall cooperate with County in repair of said roads which are included within the new Haul Route. The type and method of repair will be determined by the County Engineer or his representative. Repairs shall commence within 48 hours of notification by the County as provided in Part II., Section C., below for any roadway damage that exposes the driving public to adverse or unsafe driving conditions. All other repairs shall commence within thirty (30) days of receipt of Weld County's written notice. 2.1 Need for Immediate Repairs: In the event of damage to an Approved Haul Route by Project construction traffic that causes an immediate threat to public health and safety or renders the road impassible ("Significant Damage"), County shall, after inspection, notify PSCo of such Significant Damage. PSCo shall identify the repair required and shall consult with County on the extent, type, timing, materials, and quality of repair (i.e., temporary versus permanent) within twenty-four (24) hours after receipt of such notice and shall commence such repair within 48 hours after receipt of such notice. If PSCo identifies Significant Damage prior to receiving notice thereof from County, PSCo may commence repair of such Significant Damage and shall concurrently notify County of the extent, type, timing, materials, and quality of repair (i.e., temporary versus permanent). 2.2 In County's reasonable sole discretion, County may in emergency situations, and without giving PSCo notice as required by this Agreement undertake immediate action to complete repairs to Haul Route Roads caused by Project construction traffic that the County deems necessary for public safety, PSCO's payment for its Proportionate Share of the road repairs/improvements will be calculated as described in this Agreement. 3.0 Pre -Construction Survey/Inspection. PSCo and County shall jointly inspect the Approved Haul Route Roads pursuant to Section 2.1 of Exhibit B. 4.0 Post -Construction. Upon completion of construction of the Project, PSCo shall return the Approved Haul Route Roads to pre -construction conditions pursuant to Exhibit B. Public Service Company of Colorado, an Xcel Energy Company — USR21-0018 - RMCA22-0014 Page 2 of 7 5.0 Proportionate Share of Road Maintenance Responsibilities: 5.1 PSCo shall pay its Proportionate Share of costs of dust control/abatement, paving, repairs, maintenance, improvements, or future road replacement of any particular Haul Route Road. PSCo's Proportionate Share shall be based upon the percentage of construction traffic on the road that is attributable to PSCo's Project. County personnel will determine the percentage based on then current Equivalent Single Axle Load (ESAL) Counts. PSCo shall not be responsible for road repairs due to traffic that is not related to construction of PSCo's Project. 5.2 Following a joint inspection of the Haul Route Roads by the Parties, the County shall notify PSCo of County's preliminary determination and assessment of PSCo's proportionate share of Haul Route Road costs. Prior to County's final determination and assessment of such costs, County shall provide PSCo with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider PSCo's input prior to making a final cost determination and assessment. The County shall have sole responsibility for making a reasonable determination of PSCo's proportionate share of costs. Part II: General Provisions A. General Requirements: 1.0 Permits: PSCo is required to apply for and receive all permits required by the County or any other applicable local, State, or federal permit, including but not limited to: 1. Access Permits: PSCo shall not use any access onto any County Road unless and until an access permit has been issued by the County Department of Planning Services. Planning Services may condition the issuance of an updated access permit on the amendment of this Agreement if the updated access permit authorizes the use of an additional access point, or if there is a change in use of the current access point, as permitted by Article XIV of Chapter 8 of the Weld County Code. 2. Right -of -Way (ROW) Permits: Per Article XIII of Chapter 8 of the Weld County Code, any work occurring within County ROW requires a ROW permit issued by the County Department of Public Works. No work shall occur without said ROW permit. 3. Transport Permits: Per Article XV of Chapter 8 of the Weld County Code, a Weld County Transport Permit is required for Extra -legal vehicles using Weld County roadways to ensure the operation and movement of Extra -Legal Vehicles and Loads occurs in a safe and efficient manner. 2.0 Release of Liability: PSCo shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of the transmission line, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees, officers, agents while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. Public Service Company of Colorado, an Xcel Energy Company — USR21-0018 - RMCA22-0014 Page 3 of 7 3.0 Liability for Damage to Roads: PSCo shall be financially responsible for any and all damage caused to any Weld County Roads as a result of the construction use, or maintenance of the Transmission Line through the County's rights -of -way, without regard to the negligence, or lack thereof, of PSCo or its agents. This provision shall survive Termination of this Agreement pursuant to Section B.2.0, below, and shall be of no further force and effect ten years after mutual execution of this Agreement. B. Violations of Agreement and Remedies 1.0 Violation of Terms of Agreement: If in County's reasonable opinion, PSCo has violated any of the terms of this Agreement, County shall so notify PSCo and shall state with specificity the facts and circumstances which County believes constitute the violation. PSCo shall have thirty (30) days within which to either cure the violation or demonstrate compliance. Thereafter, County may seek any remedy described in this Agreement or otherwise provided by law. 2.0 Termination of Agreement: This Agreement shall terminate upon the earliest of the following events: 2.1 Cessation of all Permit Related Activities: Termination of this Agreement shall occur upon PSCo's complete cessation of all activities permitted by the USR. A partial cessation of activities shall not constitute a Termination of this Agreement, nor shall County's issuance of a partial release constitute a Termination. Unless informed in writing by PSCo of cessation of activities, and verified by the County, cessation shall be presumed if the County determines that the USR has been inactive for three (3) years. 2.2 Execution of Replacement Agreement: This Agreement shall terminate following County's execution of a new Improvements Agreement with a new operator or operator who has purchased the Property or has assumed the operation of the business permitted by the USR and intends to make use of the rights and privileges available to it through the then existing USR. 2.3 Revocation of USR: This Agreement shall terminate following County's revocation of PSCo's USR, except that PSCo shall only be released from this Agreement after the successful completion of all improvements required under this Agreement. w 2.4 Completion of Construction: This Agreement shall terminate following PSCo's completion of a▪ ■_ II N m construction of the Project authorized by the underlying USR. PSCo shall notify the County of =Vt." completion. t�� 3.0 Revocation of USR: PSCo acknowledges that failure to comply with the material terms of this s Agreement constitutes cause to revoke the USR, and County may exercise this option in its sole reasonable discretion by proceeding with revocation under the then current provisions of the Weld County Code. • m°., 4.0 Court Action: Upon notice of violation and failure to cure within the time permitted by this Agreement, 9 County may seek relief in law or equity by filing an action in the Weld District Court. . C. Miscellaneous Provisions. w � = r 1.0 Definitions: ° 1.1 All references in this Agreement to "County Engineer" shall refer to the any individual or individuals appointed by the County Engineer to act on his/her behalf. 1.2 All references to "Haul Routes" or Haul Route Roads shall refer to those public roadway identified in Exhibit A, prepared by PSCo and approved by the County, including identified travel routes for Public Service Company of Colorado, an Xcel Energy Company — USR21-0018 - RMCA22-0014 Page 4 of 7 subdivisions; references to "haul vehicles" include subdivision vehicular traffic, as applicable. 2.0 Successors and Assigns: This Agreement may not be delegated, transferred, or assigned in whole or in part by PSCo without the express written consent of County and the written agreement of the party to whom the obligations under this Agreement are assigned. PSCo's release of its obligations shall be accomplished by County's execution of a new Road Maintenance Agreement with the successor operator of the property. Consent to a delegation or an assignment will not be unreasonably withheld, conditioned, delayed or denied by County. County's rights and obligations under this Agreement shall automatically be delegated, transferred, or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over the roads affected by this Agreement. All of the terms and conditions set forth in this Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of PSCo, and upon recording by the County, shall be deemed a covenant running with the land herein described. 3.0 Governmental Immunity: No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 4.0 No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned Parties, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person or entity not included in this Agreement. It is the express intention of the undersigned Parties that any person or entity, other than the undersigned Parties, receiving services or benefits under this Agreement shall be an incidental beneficiary only. 5.0 Entire Agreement/Modifications: This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the Parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both Parties. 6.0 Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. PEN(p 7.0 Choice of Law/Jurisdiction: Colorado law, and rules and regulations established pursuant thereto, shall , be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the Parties, PSCo agrees that the Weld County District Court shall have 4- exclusive jurisdiction to resolve said dispute. :3'.. N„ , 8.0 Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the `° '� Parties. 9.0 Attorneys Fees/Legal Costs: In the event of a dispute between County and PSCo, concerning this Agreement, the Parties agree that each Party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 10.0 Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. MI Public Service Company of Colorado, an Xcel Energy Company — USR21-0018 - RMCA22-0014 Page 5of7 11.0 Authority to Sign: Each person signing this Agreement, and associated Exhibits, represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each Party represents and warrants to the other that the execution and delivery ofthe Agreement and the performance of such Party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms. If requested by the County, PSCo shall provide the County with proof of PSCo's authority to enter into this Agreement within five (5) business days of receiving such request. 12.0 Acknowledgment. County and PSCo acknowledge that each has read this Agreement, understands it, and agrees to be bound by its terms. Both Parties further agree that this Agreement, with the attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the Parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. 13.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential conflict between any term in this Agreement and the Resolution of the Board of County Commissioners approving the underlying USR, the provisions of the Board's Resolution shall control. In the event of a discrepancy between this Agreement and the Weld County Code in effect at the time of the Agreement, the terms of the Weld County Code shall control. 15.0 All notices required to be given under the terms of this Agreement shall be in writing and may be mailed or electronically transmitted, addressed to the Parties as follows: Weld County: Weld County Board of County Commissioners C/O County Attorney's Office 1150 "O" Street Greeley, CO 80631 PSCo: Xcel Energy 1800 Larimer Street, 4th Floor ATTN: Jenn Chester, Manager Siting & Land Rights J Denver, Colorado 80202 mSignature page to follow iD W N nN ooh a � m „,m0 911. J - O Public Service Company of Colorado, an Xcel Energy Company — USR21-0018 - RMCA22-0014 Page 6 of 7 PUBLIC SERVICE COMPANY OF COLORADO a Colorado snrnorati By: Name: Date Title: Sw►-Usecn 0d7erajcK.c, P5C-O STATE OF COLORADO SS. County of D 2n ve_(- &p-3 The foregoing instrument was acknowledged before me this day of J_.(ri , 2023, by Sa.ndv"c L . -1 ukcsoC\ WI LARRY K. CLAXTON JR. NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19984030188 MY COMMISSION EXPIRES MAY 11, 2024 Nota P ry WELD COUNTY: ATTEST: 1.•4�'riri1/Jdeli;&k. BOARD OF COUNTY COMMISSIONERS Weld CClerk to the B.. d WELD COUNTY, COLORADO BY: Deputy Cle I' to th Mike Freeman, Chair JUL 1 7 2323 Public Service Company of Colorado, an Xcel Energy Company — USR21-0018 - RMCA22-0014 Page 7 of 7 02,0,2-5 25 ,�� - 40 0 NW f r,-, 0 P) am. sr- ID o nu qa __ AL 'm to rn a Hi fit. %m WI • 0 Legend AccessType Entrance Only Exit Only No Access Truck Access "F' Weld County Road •/\- Crossing Highway 85 will be utilized to reach haul routes and some access points Access Road (Private Agreement in Place) Haul Route Proposed Transmission Centerline Laydown Yard Truck Access (Half Mile Buffer) Weld County Road Crossing (Half Mile Buffer) and tnN-N_ 1 34 Page Number: 1 • • 2,000 1.000 0 2,000 US Feet NCAP Haul Routes EXHIBIT A XcelEnergy` Date: 6/22/2023 Q .p in N o NG) ii= n C9 7112. �11u C:? ill n a Legend AccessType Entrance Only 0 Exit Only No Access Truck Access Weld County Road •J. Crossing Hinhwav R5 will he utili7arl to rnnrh haul mutes and some access AointS Access Road (Private Agreement in Place) Haul Route Proposed Transmission Centerline Laydown Yard Truck Access (Half Mile Buffer) Weld County Road Crossing (Half Mile Buffer) I test H UU* v• r Page Number: 2 • • 2;000 1,000 0 2,000 US Feet NCAP Haul Routes Date: 6/22/2023 Xcel Energy a CO ill te Q In Irms AZ.� hit N co 0 _ 444, t_- s• awn a Dr n re" 6C a� p a 1 Legend AccessType 0 Entrance Only © Exit Only VNo Access Truck Access "v' Weld County Road hA 4 Crossing Highway 85 will be utilized to reach haul routes and some access points Access Road (Private Agreement in Place) Haul Route Proposed Transmission Centerline Laydown Yard Truck Access (Half Mile Buffer) Weld County Road Crossing (Half Mile Buffer) COUNTY 'oliins Page Number: 4 2,000 1,000 • • 0 US Feet 2,000 NCAP Haul Routes Date: 6/22/2023 C.! XcelEnergy' Legend AccessType Entrance Only Exit Only No Access Truck Access "1' Weld County Road •/S.• Crossing Highway 85 will be utilized to reach haul routes and some access points Access Road (Private Agreement in Place) Haul Route Proposed Transmission Centerline Laydown Yard Truck Access (Half Mile Buffer) Weld County Road Crossing (Half Mile Buffer) 25 26 263 Page Number: 3 • • 2,000 1,000 0 2,000 US Feet -COUNTY NCAP Haul Routes Date: 6/22/2023 Xcel Energy IN Ilihtt om.p rte... �' • I 2,., 0 NO ®cs) ,Sea C— —an sermi lea is ■e co es 'Ey -; Ca W a 3 fp ( - m n fa) nj M a� v c! LB 0 O c O Legend AccessType 0 Entrance Only Exit Only No Access Truck Access `S\ed Weld County Road (" Crossing Highway 85 will be utilized to reach haul routes and some access points Access Road (Private Agreement in Place) Haul Route Proposed Transmission Centerline Laydown Yard Truck Access (Half Mile Buffer) Weld County Road Crossing (Half Mile Buffer) Co Page Number: 5 • • 2,000 1,000 0 US Feet 2,000 NCAP Haul Routes Date: 6/22/2023 Xcel Energy* —mosa y ©ito ILA W 177-411 aasx- amen (0 abets __ 32m 3 -a n - o77W + P i 0 110:: V e) m 111**r Ul rr man gic a Exhibit B Road Maintenance and Reclamation Plan Public Service Company of Colorado - USR21-0018 1. Purpose This Road Maintenance and Reclamation Plan (Plan) outlines the procedures and standards required of the Public Service Company of Colorado and its Contractors (hereinafter referred to collectively as Contractor) to prepare, improve, maintain, and reclaim Approved Haul Route Roads utilized for construction, delivery of materials, and daily activities throughout the duration of the USR21-0018 Transmission Line Construction (Project). 2. Responsibility Weld County Gravel Roads Division will cease normal maintenance of all closed sections of roadways utilized for the Project until Substantial Completion. All maintenance of the roadways including issues caused by weather events and non -project traffic are the responsibility of Contractor. Contractor is further responsible for all repairs caused by Project traffic as described in section C.2.0 of Part 1 of the Agreement. If Contractor can reasonably demonstrate that the need for repair is caused by non -Project related traffic, Weld County will be responsible for such repairs. 3. Procedures These procedures define necessary operations during each phase of the Project. 3.1 Preconstruction Survey/Inspection At least 30 days prior to use of the Approved Haul Route Roads for construction of the Project, County and Contractor will jointly survey and inspect all gravel Approved Haul Route Roads and determine what improvements, if any, are necessary to accommodate anticipated Project -related vehicle traffic. Results of the Preconstruction Survey/Inspection will be documented in a Preconstruction Roadway Condition Memorandum (Pre -Con Memo) which will include, at a minimum, a Roadway Video Exhibit, and a Gravel Depth Test Location Inventory. The Pre -Con Memo will be completed by County Personal, and PSCo shall have the opportunity to review prior to accepting. 3.2 Preconstruction Roadway Improvements Contractor shall improve gravel Approved Haul Route Roads as set forth in the Pre -Con Memo. Gravel placement shall be done in accordance with Weld County Engineering & Construction Criteria (WCECC), page 123, Table 9-12 and in accordance with the most current versions of the Colorado Department of Transportation (CDOT) Standard Specifications for Road and Bridge Construction and the Field Materials Manual. 3.3 Active Construction Period Roadway Maintenance Approved Haul Route Road maintenance will include grading, gravel placement, dust mitigation, and damage repair. A minimum of weekly maintenance is required for those Approved Haul Route Roads addressed in the Pre -Con Memo. Road damage such as, but not limited to, tracking, potholes, blow outs, soft spots, and wash outs, shall be repaired within 48 hours of either the occurrence of the damage or notification by County. County may inspect the conditions of Approved Haul Route Roads at any time throughout the Project duration. Inspection of roadway conditions may include but is rilMOWIES— not limited to roadway fore and back slopes, ditch grade and geometry, travel lane slopes, crown, low spots/depressions, and gravel coverage. Corrective work resulting from inspections shall be completed by Contractor within 48 hours of notification by County. No less than twice each month, Contractor shall provide a schedule detailing the locations and type of maintenance completed and locations and type of maintenance to be completed. 3.4 Postconstruction After the Project has been completed, Contractor shall restore all County roadways, intersections, access locations and roadside drainage affected by the Project to pre -construction widths, grades, and surface conditions documented in the Pre -Con Memo. After Project completion and restoration of County roadways and prior to termination of the RMCA as described in section B.2.2 of Part II of the RMCA, post -construction Approved Haul Route Road conditions shall be jointly inspected by County and Contractor to determine if there are any material deviations in the condition of the Approved Haul Route Roads from those contained in the Pre -Con Memo. In its sole and reasonable exercise of discretion, County shall inform Contractor of the location and amount of gravel to be placed upon Approved Haul Route Roads, not to exceed six inches of gravel in any one location. In making these determinations, County shall endeavor to require only that amount of material which returns the road to the pre -construction condition as documented in the Pre -Con Memo. Gravel placement shall be done in accordance with Weld County Engineering & Construction Criteria (WCECC), page 123, Table 9-12 and in accordance with the most current versions of the CDOT Standard Specifications for Road and Bridge Construction and Field Materials Manual. Acceptance testing for all post -construction repairs will be required upon completion of restoration (refer to section 3 -Testing). 4. Testing Required testing processes, methods and resulting procedures. 4.1 General procedures Contractor shall be responsible for all testing procedures. Sampling and testing shall follow procedures as identified in the most recent version of the CDOT Field Materials Manual. All Process Control (PC) and Owners Acceptance (OA) sampling of material shall be performed on grade. All work will be in conformance with the CDOT Standard Specifications for Road and Bridge Construction. Surface Gravel placement will require - notification to Weld County a minimum of 48 hours in advance. If a County inspector is not present during placement, the sample and testing location shall be recorded and provided in the corresponding testing report. Non -reported or failed testing will require removal and replacement of all material by Contractor. 4.2 Method Statement The Contractor's method statement for testing should, at a minimum, include the following: • Sample locations using a random number generator • PC and OA sampling frequencies. PC will deliver OA samples to Weld County • Expected turnaround of test results • Limits defining acceptable test results • A third -party Test laboratory to dispute potential testing issues. 4.3 Required Tests • Particle size analysis (Gradation) • Atterberg Limits test • Moisture Density Relationship • LA Abrasion • Aggregate soundness • Fractured Faces • In -place Density and Moisture content of Soil and Soil Aggregate by Nuclear Method Contract Form Entity Information New Contract Request Entity Name. PUBLIC SERVICE COMPANY OF COLORADO Entity ID* OO0020329 ❑ New Entity? Contract Name. Contract ID ROAD MAINTENANCE DURING CONSTRUCTION AGREEMENT 7218 PUBLIC SERVICE COMPANY OF COLORADO USR21 -0018 Contract Status CTB REVIEW Contract Lead JTRUJILLOMARTINEZ Contract Lead Email jtrujillamartinez�Wweldgov.c am Parent Contract ID Requires Board Approval YES Department Project* Contract Description. ROAD MAINTENANCE DURING CONSTRUCTION AGREEMENT PUBLIC SERVICE COMPANY OF COLORADO USR21-0018 NO COLLATERAL REQUIRED Contract Description 2 Contract Type* AGREEMENT Amount $0.00 Renewable' NO Automatic Renewal Grant Department PLANNING Department Email CM-Planningo weldgov.com Department Head Email CM-Planning- DeptHead Pweldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTO RN EYgWELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date. 07:17,/2023 Due Date 07:13/2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date Review Date 07172024 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Committed Delivery Date Expiration Date. 07.17/2025 Contact Type Contact Email Contact Phone I Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head TOM PARKO JR. DH Approved Date 07:1 1 ,'2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 07/17/2023 Originator JTRUJILLOMARTINEZ Finance Approver CHERYL PATTELLI Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 07, 11, 07'11 2023 Tyler Ref it AG 071723 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR21-0018, FOR A 1041 MAJOR FACILITY OF A PUBLIC UTILITY (ELECTRIC TRANSMISSION LINE EXTENDING A TOTAL OF 16 MILES IN 3 [THREE] SEGMENTS: 1) AN OVERHEAD 230 KV DOUBLE -CIRCUIT TRANSMISSION LINE EXTENDING BETWEEN THE WESTERN AREA POWER ADMINISTRATION [WAPA] AULT SUBSTATION AND THE PLANNED PUBLIC SERVICE OF COLORADO HUSKY SUBSTATION [LOCATED IN THE TOWN OF AULT], 2) AN OVERHEAD 115/230 KV DOUBLE -CIRCUIT TRANSMISSION LINE EXTENDING FROM THE COLORADO HUSKY SUBSTATION TO THE PROPOSED COLLINS STREET SUBSTATION SITE [IN THE TOWN OF EATON], 3) AN OVERHEAD 115/230 KV DOUBLE -CIRCUIT TRANSMISSION LINE EXTENDING FROM THE COLLINS STREET SUBSTATION TO THE EXISTING CLOVERLY TAP POINT) IN THE A (AGRICULTURAL) ZONE DISTRICT - PUBLIC SERVICE COMPANY OF COLORADO, AN XCEL ENERGY COMPANY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 5th day of January, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Public Service Company of Colorado, an Xcel Energy Company, 1800 Larimer Street, Suite 400, Denver, Colorado 80202, for a Site Specific Development Plan and Use by Special Review Permit, USR21-0018, for a 1041 Major Facility of a Public Utility (Electric Transmission line extending a total of 16 miles in 3 [three] segments: 1) An overhead 230 kV double -circuit transmission line extending between the Western Area Power Administration [WAPA] Ault Substation and the planned Public Service of Colorado Husky Substation [located in the Town of Ault], 2) An overhead 115/230 kV double -circuit transmission line extending from the Colorado Husky Substation to the proposed Collins Street Substation site [in the Town of Eaton], 3) An overhead 115/230 kV double -circuit transmission line extending from the Collins Street Substation to the existing Cloverly Tap Point) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: The transmission line is to be located in Sections 1, 2, 3, 4, 5, 6, 10, 12, 13, 24, 25, and 36, Township 7 North, Range 66 West; Sections 7 and 31, Township 7 North, Range 65 West; and Sections 7, 18, 19, 20, 28 and 29, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was present, and WHEREAS, Chapter 21 of the Weld County Code provides standards for review of said Use by Special Review Permit, and PLCC:C&/ OA/TP), EH( LO, CA[E6/FS n), APPL REPS 03/04/ DD 2022-0068 PL2623 SPECIAL REVIEW PERMIT (USR21-0018) - PUBLIC SERVICE COMPANY OF COLORADO, AN XCEL ENERGY COMPANY PAGE 2 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. It is the opinion of the Board 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 states: "The health, welfare and safety of the citizens of the County will be protected and served." The application indicates that the proposed Public Service of Colorado (PSCO) transmission system will replace portions of the existing 44 kV transmission network that no longer meets the electric demands of the Public Service Company of Colorado (PSCO) customers in Weld County. The proposed transmission lines (along with the proposed substations in Ault and Eaton) are needed to increase the electric system capacity and electric service reliability and safety in northern Colorado. 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 the health, safety and welfare of the inhabitants of the neighborhood and County. B. Section 21-3-340.A.2 states: "The natural and socio-economic environment of the County will be protected and enhanced." The proposed transmission line crosses the floodplain in three (3) locations in unincorporated Weld County. The applicant indicates that all surface and groundwater resources to be crossed by the transmission line will be spanned. The application has provided avoidance and mitigation measures to protect wildlife species and habitats. The application indicates on January 26, 2021, United States Fish and Wildlife (USFW) sent a letter concurring with PSCO findings that there will be no significant impacts on state protected species. Additionally, on February 18, 2021, Colorado Parks and Wildlife (CPW) sent a letter responding that the project presents no significant concerns for wildlife in the project study area. The applicant conducted a transmission and substation routing and siting study and determined a preferred route location that reduces impacts to existing cropland and irrigated cropland structures, as much as possible, while avoiding existing residences and oil and gas facilities to the extent practicable. There are no significant, prevalent natural hazards in the area that will affect, or be affected by, the project. Historically the area has been dominated by agricultural uses, residential development and oil and gas activities. The communities nearest to the Project area are Ault, Eaton, Windsor and Severance. The proposed transmission line will result in more reliable power and greater power generation capacity for the region and for agricultural, residential, commercial, and industrial uses. It is anticipated the Project would have a 2022-0068 PL2623 SPECIAL REVIEW PERMIT (USR21-0018) - PUBLIC SERVICE COMPANY OF COLORADO, AN XCEL ENERGY COMPANY PAGE 3 beneficial impact to the localeconomies of these towns and the larger metropolitan cities. Construction contractors, regardless of origin, would likely spend money in these communities.for fuel, food or other supplies. During the construction period, the local economy may see a small influx of dollars and a small increase in sales tax revenue. The footprints of the proposed structures would be the only land removed from current use. Land between the transmission structures would remain available for farming, grazing, or other operations that do not interfere with safe and reliable operation of the transmission lines. There are no adverse socio-economic constraints associated with the project. The Project would generate additional tax revenue for Weld County. This project is not inconsistent with the Economic Development Goals and Policies described in the Weld County Comprehensive Plan (Weld County 2020). 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. PSCO utilized a comprehensive evaluation process for identifying and analyzing the proposed transmission line route. The evaluation process included five steps: 1) collecting land use and environmental resource data; 2) identifying opportunities and constraints to routing and siting the Project's facilities; 3) identifying a network of transmission line route alternatives and potential substation sites; 4) comparing and screening route alternatives; and 5) identifying the Proposed Route and Proposed Site for permitting with local jurisdictions. PSCO has prepared a Siting Study which resulted in an analysis of approximately 133 miles of transmission line route alternatives based on several evaluation factors including: impacts on center pivot, flood, and drip irrigation systems; oil and gas facilities; electrical system planning; economics; the natural, cultural, and visual environment; public input from the community; regulatory requirements; land use and property ownership concerns and engineering criteria. The siting study included three steps (levels) — Level 1 screening, which compared 47 route alternatives at a local level; Level 2 screening combined the higher scoring/better performing route alternatives into 18 alternatives on a sub -regional basis (substation to substation that were compared to each other; and Level 3 screening combined the better route alternatives from the Level 2 screening process into 16 final route alternatives, along with substation sites to determine a proposed route and proposed substation site(s). The study area was divided into two sections: (North) between the planned Husky substation (in Ault) and the proposed Eaton -area substation (in Eaton); and (South) between the proposed Eaton -area substation and the existing Cloverly Substation. 2022-0068 PL2623 SPECIAL REVIEW PERMIT (USR21-0018) - PUBLIC SERVICE COMPANY OF COLORADO, AN XCEL ENERGY COMPANY PAGE 4 Level 1 screening process evaluated and determined the preferred routes based on the following criteria: Mileage and Parcel Count (routes with shorter total mileage and fewer number of parcels crossed scored higher) Parallel Facilities (distances parallel to roads, railroad, parallel to existing 230 kV transmission line, parallel to 44 kV transmission line) Composite Sensitivity (miles with greater mileage of low sensitivity resources have greater compatibility) Zoning (miles of agricultural, residential, commercial, and industrial zoning crossed) — routes with less mileage across irrigated farmlands have greater compatibility. Also routes with fewer nearby residences have greater compatibility. Parks, Places of Worship and Schools — routes with fewer parks, places of worship and schools nearby have greater compatibility. Miscellaneous — routes with fewer resources impacted have greater compatibility. Level 2 screening process evaluated and determined the preferred routes based on the following criteria: Route length in miles Number of parcels crossed Estimated construction cost for each route Engineering and constructability concerns Important notes or issues identified during Level 1 comparison process Comments from the public received during Public Open House #2 Number of residences within 100, 300 and 600 feet Agricultural uses Oil and gas infrastructure The Level 3 screening process included nine (9) route alternatives in the north and seven (7) route alternatives in the south. In several instances, portions of the routes were combined to form a hybrid route. During a previous transmission line siting study in 2018, landowners in the Eaton area identified a transmission line route alternative for PSCO consideration. During the Level 3 screening process PSCO compared this route (North Route F) with other Level 3 routes proposedunder this siting study. This route was deemed least compatible with the other Level 3 alternatives for a number of reasons, including: 1) The route extends the longest distance between the Husky substation and the Town of Eaton (the north route) and crosses the greatest number of parcels of all of the Level 3 alternatives. 2) The north route was tied with two (2) other routes for containing the most residences within 100 feet of the proposed transmission line, and containing the 2022-0068 PL2623 SPECIAL REVIEW PERMIT (USR21-0018) — PUBLIC SERVICE COMPANY OF COLORADO, AN XCEL ENERGY COMPANY PAGE 5 second highest number of residences within 300 feet of the transmission line route of the alternatives compared. 3) The proposed route crosses the second -longest distance of agricultural lands. Public comments received during Public Open House #3 opposed this route along County Road 41 and County Road 84. A methane line and gas pads are proposed along County Road 41. In June 2020, the North Route G and South Route G were identified as the best performing and most compatible route through the siting study and community engagement process. This route was primarily located within the Union Pacific (UP) Railroad ROW through the Town of Eaton and Town of Ault. This was identified as the preferred route pending approval of co -location by the Union Pacific (UP) Railroad. The applicant submitted a permit application to the UP Railroad for review in August 2020. The applicant and UP collaborated and held multiple meetings to review technical aspects of the route along with UP's operational requirements and plans for possible future track expansions. A number of key engineering and track safety concerns were identified, and it was ultimately determined that these were unresolvable and the co -locating segments of the transmission line in UP ROW were not a feasible or safe option. After this conclusion, PSCO selected an Alternative Route consisting of a hybrid route (North C, North D, South B, South F and South l). PSCO discussed the proposed route with affected landowners in Winter 2020-21 and with Town of Eaton officials in February 2021, prior to reaching a final decision. In those discussions PSCO identified route adjustments on the Town of Eaton's north and south sides, which have been incorporated into the proposed route alignment. The application indicates that the proposed route will provide the following benefits: Parallels 11.9 miles of field edges and existing compatible linear ROW on private property between the proposed Husky Substation and Cloverly Tap Point. Linear ROWs include county roads and U.S. Highway 85. The proposed route includes only two residences within 100 feet of the route centerline and 30 residences within 300 feet between the planned Husky Substation and Cloverly Tap Point. Minimizes impacts on agricultural land and agricultural uses by routing along field edges and avoiding conflicts with center pivot irrigation systems and avoids crossing existing livestock feedlots. Minimizes long-term impacts to drip irrigation farms by locating on the eastern edge of drip irrigated fields adjacent to U.S. Highway 85. It is noted that short-term impacts during construction may occur. 2022-0068 PL2623 SPECIAL REVIEW PERMIT (USR21-0018) - PUBLIC SERVICECOMPANY OF COLORADO, AN XCEL ENERGY COMPANY PAGE 6 Maximizes the use of existing access and minimizes new access road construction. Facilitates efficient and cost-effective transmission line construction. Also, during the siting study, PSCO implemented a community outreach and engagement program to share information about the proposal and solicit feedback. PSCO established a Community Working Group (CWG) consisting of 13 local citizens to provide feedback during the siting study process. Five (5) meetings with the CWG were held during the milestones process with an open house being held approximately two (2) weeks after each CWG meeting. The open houses were conducted to provide project updates to the public and to solicit the public's questions and. concerns. PSCO maintained a list of 7,100 names and addresses for sending project updates. More than 331 citizens attended the public open houses and provided•approximately 280 comments. The citizen's comments were considered in the siting study. 14 miles (or approximately 88% of the transmission line route) are located along field edges and existing road rights -of -way (ROWs). D. Section 21-3-340.A.4 — A satisfactory program to mitigate and minimize adverse impacts has been presented. The applicant developed criteria to evaluate impacts upon existing land uses and natural resources. The applicant has proposed Environmental Protection Measures and an Agricultural Impact Mitigation Plan that outline several measures to address and mitigate impacts during and after construction of transmission line facility. The proposed transmission line crosses the floodplain in three (3) locations in unincorporated Weld County. The applicant indicates that all surface and groundwater resources to be crossed by the transmission line will be spanned. The application has provided avoidance and mitigation measures to protect wildlife species and habitats. The application indicates on January 26, 2021, United States Fish and Wildlife (USFW) sent a letter concurring with PSCO findings that there will be no significant impacts on state protected species. Additionally, on February 18, 2021, Colorado Parks and Wildlife (CPW) sent a letter that indicated the project presents no significant concerns for wildlife in the project study area. Prior to construction, PSCO will conduct surveys for migratory birds and Western Burrowing Owls (in prairie dog colonies in the vicinity of the transmission lines and substation). If any nests for migratory birds or any listed species are found, appropriate construction timing limitations will be enforced, as feasible, according to CPW recommendations. Where timing limitations or setbacks cannot be applied, due to timing constraints, other alternative mitigation measures would be considered and vetted with CPW. If any federally listed species are found, PCSO will consult with the USFW regarding avoidance and mitigation. To preclude avian electrocutions and minimize collision risk, PSCO would incorporate Avian Protection Plan (APP) standard development by the Avian Power Line Interaction Committee (APLIC 2006) and USFW to protect birds on power lines, as well as NESC-specified electric conductor clearances. 2022-0068 PL2623 SPECIAL REVIEW PERMIT (USR21-0018) - PUBLIC SERVICE COMPANY OF COLORADO, AN XCEL ENERGY COMPANY PAGE 7 Project impacts to wildlife are expected to be minimal and limited to temporary disturbance from construction activities. As part of the project, PSCP will conduct a Class I archaeological database search of the project area, as well as Class III pedestrian survey on properties where survey permission has been granted and where significant disturbance has previously not occurred. Any sites to be eligible for listing on the National Heritage Research Partnership (NRHP) will be spanned and avoided by the Project. There are no areas of geologic importance in the vicinity of the project. The applicant conducted a transmission and substation routing and siting study and determined a preferred route location that reduces impacts to existing cropland and irrigated cropland structures, as much as possible, while avoiding existing residences and oil and gas facilities to the extent practicable. 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. 1) Section 22-2-10.C — "Promoting Economic Growth and Stability" is one of the Guiding Principles of the Weld County Comprehensive Plan. The proposed transmission line will increase electric grid capacity and reliability in this region. This will assist with future economic growth and stability in the region. 2) Section 22-2-30 states: "Commit to the economic future of agriculture." A more reliable power source will assist existing and future agricultural uses in this region. 3) Section 22-2-60.B.2 states: "Ensure that infrastructure, such as adequate roads and utilities, exists or can be made available prior to development of energy and mineral resource production facilities." The proposed transmission line will result of in a more reliable power source for future energy and mineral resource facilities. The two (2) proposed substations are to be in the Town of Ault and Town of Eaton. No referral response has been received from either the Town of Ault or Town of Eaton. The Town of Pierce stated no conflicts with their interests in their referral response dated September 28, 2021, and the City of Greeley stated no conflicts with their interests in their referral response dated September 30, 2021. 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 proposed transmission line will not unduly or unreasonably impact community services. The application states careful site planning can be developed with only a localized loss of agricultural land quality. Ground disturbance for the transmission line is generally limited to the area immediately around the base of each pole. 2022-0068 PL2623 SPECIAL REVIEW PERMIT (USR21-0018) - PUBLIC SERVICE COMPANY OF COLORADO, AN XCEL ENERGY COMPANY PAGE 8 The Project would generate infrequent trips to the transmission line and substations during operation; the line would be inspected annually and occasionally for maintenance. No adverse effects on county roads are anticipated. PSCO will work with the Weld County Department of Public Works to determine the appropriate access to the construction area. All mobile construction equipment would be certified to operate on Interstate highways. There may be short periods of time when traffic would be halted on County roads to allow construction vehicles to enter and exit the construction area. No improvements to Weld County roads will be required. Given the relatively short construction schedule, the site will not generate significant demands on community services, such as the school district. The Weld County Office of Emergency Management had no additional requirements for the project. No referral responses have been received from either the Ault or Eaton Fire Protection District regarding this project. 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. The proposed USR is meant to upgrade an outdated and unreliable electrical transmission system with a newer system better capable to handle the existing electrical load and future growth in the region. The Project area is located within District 1 of the Weld County Sheriff's Office and is within the jurisdiction .of the Ault and Eaton Fire Protection Districts. Public roads are maintained by the Weld County Department of Public Works and the respective municipalities. The nearest hospital to the Project is in the City of Greeley. None of these services are expected to be affected unless emergency situations occur. There are no adverse socioeconomic impacts associated with the Project. The Project would not cause any residents or businesses to be displaced. The Project would generate additional tax revenue for the Towns of Ault and Eaton and Weld County. H. Section 21-3-340.A.8 — The facility site or expansion area is not in an area with general meteorological and climatological conditions which would unreasonably interfere with, or obstruct, normal operations and maintenance. The proposed powerline is proposed to replace an existing aging power infrastructure in the same area. The general meteorological and climatological conditions are consistent with this area of Northern Colorado and will not unreasonably interfere with, or obstruct, normal operations and maintenance. 2022-0068 PL2623 SPECIAL REVIEW PERMIT (USR21-0018) - PUBLIC SERVICE COMPANY OF COLORADO, AN XCEL ENERGY COMPANY PAGE 9 I. Section 21-3-340.A.9 — The nature and location of the facility or expansion will not adversely affect the water rights of any upstream, downstream, or agricultural users, adjacent communities, or other water users. No long-term use of water will be required, and no water rights will be impacted for the on -going operation of the transmission line. The application indicates that water utilized during construction of the project (for foundations and dust control) will be brought in from off -site sources (from a private well owned by a construction water company or by municipality). The applicant states the project will not impact hydrologic flow of either surface water or groundwater, nor will it affect groundwater recharge. Existing drainage patterns will be preserved. Permanent facilities would not be located in stream channels, and appropriately sized culverts will be installed to maintain channel flow and morphology. The Project will have no impact on vested water rights. Construction water and water to suppress dust during construction activities would be trucked into the site. J. Section 21-3-340.A.10 — Adequate water supplies are available for facility needs. The transmission line facilities are unmanned. Bottled water and screened portable toilets will be provided during construction. 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. The transmission line is in proximity to and/or will be crossing several ditches. A joint referral response was received on behalf of the following ditch companies: Water Supply and Storage Company, Pierce Lateral Ditch Company, Mead Lateral Company, and New Cache La Poudre Irrigating Company. The referral indicated crossing agreements will be required and that all towers and other equipment be installed outside of ditch easements and rights -of -way. A referral was also received on behalf of the Larimer and Weld Irrigation Company (LWIC). LWIC had comments including that a crossing agreement with LWIC will be required prior to installation and construction of transmission lines and that towers and other equipment must be located and installed out of ditch easement areas. A Condition of Approval is attached requiring an agreement or other acceptable form of authorization if any transmission structure and/or construction easements encroach into ditch rights -of -way or easements. L. Section 21-3-340.A.12 — Adequate electric, gas, telephone, water, sewage, and other utilities exist or shall be developed to service the site. This is an unmanned facility which requires no service from additional utilities. 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 2022-0068 PL2623 SPECIAL REVIEW PERMIT (USR21-0018) - PUBLIC SERVICE COMPANY OF COLORADO, AN XCEL ENERGY COMPANY PAGE 10 endangered wildlife species, unique natural resource, or historic landmark within the impact area. The application has provided avoidance and mitigation measures to protect wildlife species and habitats. The application indicates on January 26, 2021, United States Fish and Wildlife (USFW) sent a letter concurring with PSCO findings that there will be no significant impacts on state protected species. Additionally, on February 18, 2021, Colorado Parks and Wildlife (CPW) sent a letter indicating that the project presents no significant concerns for wildlife in the project study area. Colorado Parks and Wildlife, in their e-mail referral response dated October 25, 2021, stated that they find no conflicts with their interests. The application indicates that they conducted a search of records in the Colorado State Historic Preservation Office (SPHO). The search identified 240 cultural resources in the Project Study Area. 38 sites are significant and have been either listed in the National Register of Historic Places (NRHP). Of these sites, four (4) are listed in the NRHP and three (3) are listed in the Colorado State Register of Historic Places. The proposed route does not cross any of these seven (7) sites. N. Section 21-3-340.A.14 — The nature and location or expansion of the facility, including expected growth and development related to the operation and provision of service, will not significantly deteriorate water or air quality in the impact area. Prior to construction, if required, a Storm Water Permit for Construction Activities (SWMP) permit will be obtained from the Colorado Department of Public Health and Environment (CDPHE) and Best Management Practices (BMPs) to minimize impacts to surface and groundwater will be utilized. For example, movement of construction vehicles and equipment to right-of-way and approved haul routes. Air pollutants generated are anticipated to be short-term and minimized by the small scale of the construction (excavating foundations for the substation and transmission structures). Air pollutants would be minimized through dust suppression measures and proper maintenance of construction vehicles. O. Section 21-3-340.A.15 — The geological and topographic features of the site are adequate for all construction, clearing, grading, drainage, vegetation and other needs of the facility construction or expansion. The proposed facility is not located within a geologic hazard area. The transmission structures will be designed to accommodate the geotechnical and soil conditions in the area. 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. The applicant will submit a SWMP plan, if required, for the proposed facilities. BMPs will be implemented to prevent contaminants from construction activities (including spillage of solid matter, containment debris and other pollution) from flowing into water courses (wet and dry) and underground water sources. Water 2022-0068 PL2623 SPECIAL REVIEW PERMIT (USR21-0018) - PUBLIC SERVICE COMPANY OF COLORADO, AN XCEL ENERGY COMPANY PAGE 11 and eroded materials from construction activities shall be prevented from entering streams or watercourses by constructing intercepting ditches, barriers, bypass channels, barriers, settling ponds or other acceptable methods. There would be no direct impacts to water quality associated with regular operation or maintenance of the transmission lines and substations. Drainage from the substations would be directed towards detention pond(s) located on the substation properties. Prior to construction, a Storm Water Permit for Construction Activities would be required from the Colorado Department of Public Health and Environment (CDPHE), where required. Q. Section 21-3-340.A.17 — The proposed project will not have a significantly adverse net effect on the capacities or functioning of streams, fakes, and reservoirs in the impact area, nor on the permeability, volume, recharge capability and depth of aquifers in the, impact area. The proposed transmission line will not result in any direct discharge and disturbance to any streams, lakes, or reservoirs. Water for construction purposes, including concrete foundations and dust control, would be brought in from off -site sources by a construction water provider. The source of the construction water would be from either a private well owned by the construction water company or from a municipality. No existing water rights would be impacted, and there would be no long-term use of water. 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 application has provided avoidance and mitigation measures to protect wildlife species and habitats. Colorado Parks and Wildlife, in their e-mail referral response dated October 25, 2021, stated they find no conflicts with their interests. The proposed siting study scored/rated transmission line routes that had more minimal impact on agricultural land, pivots. The applicant has taken steps to minimize impacts to the productivity of agricultural land by locating the transmission lines along field edges and not bisecting irrigated farmland. The proposed Public Service of Colorado (PSCO) transmission system will replace portions of the existing 44kV transmission network that no longer meets the electric demands -of PSCO customers in Weld County. The proposed transmission lines (along with the: proposed substations in Ault and Eaton) are needed to increase the electric system capacity andelectric service reliability. and safety in northern Colorado. This will benefit existing and future agricultural, residential, commercial, and industrial users in this area of the county. 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 2022-0068 PL2623 SPECIAL REVIEW PERMIT (USR21-0018) - PUBLIC SERVICE COMPANY OF COLORADO, AN XCEL ENERGY COMPANY PAGE 12 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. Transmission line crossing agreements and ditch crossing agreements (if applicable) are required as a Condition of Approval for this case. 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: The means by which outdoor storage facilities for fuel, raw materials, equipment, and related items are adequately enclosed by a fence or wall. The likelihood of hazardous materials or wastes being moved off the site by natural causes or forces. Containment of inflammable or explosive liquids, solids, or gases. This criterion is not applicable to the transmission line as it is a linear facility. The transmission does not include the storage of toxic or hazardous substances. 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 proposed transmission line will not duplicate existing services in the county. The applicant proposes to replace an aging, unreliable electric transmission system with a newer system more able to cope with existing demand and handle future growth. 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 proposed USR will upgrade the existing electrical transmission system in the region that dates to the early 1900's. The region has experienced considerable population growth since the transmission line was originally built. The application indicates that Public Service has, and will continue to have, safety and reliability issues with the existing 44kV transmission system resulting in power interruptions and reduced reliability. PSCO system outage data from 2015 to 2019 indicates 296 outages occurred affecting approximately 255,790 customers. Additionally, between January 2019, and September 2019, 53 outages occurred ranging in duration from less than 30 seconds up to five (5) hours. The reasons for the outages varied and included weather events and infrastructure failure. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Public Service Company of Colorado, an Xcel Energy Company, fora Site Specific Development Plan and Use by Special Review Permit, USR21-0018, fora 1041 Major Facility of a Public Utility (Electric Transmission line extending a total of 16 miles in 3 [three] segments: 1) An overhead 230 kV double -circuit transmission line extending between 2022-0068 PL2623 SPECIAL REVIEW PERMIT (USR21-0018) - PUBLIC SERVICE COMPANY OF COLORADO, AN XCEL ENERGY COMPANY PAGE 13 the Western Area Power Administration [WAPA] Ault Substation and the planned Public Service of Colorado Husky Substation [located in the Town of Ault], 2) An overhead 115/230 kV double -circuit transmission line extending from the Colorado Husky Substation to the proposed Collins Street Substation site [in the Town of Eaton], 3) An overhead 115/230 kV double -circuit transmission line extending from the Collins Street Substation to the existing Cloverly Tap Point) in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. Prior to recording the map: A. A Road Maintenance Agreement is required for construction only. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. 2. The map shall be amended to delineate the following: A. All sheets of the map shall be labeled USR21-0018. B. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. C. The attached Development Standards. D. 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. E. The final location of the permanent 100 to 150 -foot transmission line easement with dimension of permanent right-of-way, property ownership, parcel number, all easements of record, and all physical encumbrances. F. County Roads 29 and 66 are paved roads and are designated on the Weld County Functional Classification Map as arterial roads which require 140 feet of right-of-way at full buildout. The applicant shall delineate and label the future and existing rights -of -way (along with the documents creating the existing right-of-way) and the physical location of both roads. All setbacks are measured from the edge of the right-of-way. These roads are maintained by Weld County. G. County Roads 31, 35, 78, 80, and 84 (west of CR 33 and east of U.S. Highway 85) are gravel roads and are designated on the Weld County Functional Classification Map as local roads which require 60 feet of right-of-way. The applicant shall delineate and label the existing rights -of -way (along with the creating documents) and the physical location of the roads. All setbacks are measured from the edge of right-of-way. These roads are maintained by Weld County. 2022-0068 PL2623 SPECIAL REVIEW PERMIT (USR21-0018) PUBLIC SERVICECOMPANY OF COLORADO, AN XCEL ENERGY COMPANY PAGE 14 H. County Roads 37 (at all four crossing locations), 41, 70, 76, 84 (east of Highway 85), and East 5th Street are paved roads and are designated on the Weld County Functional Classification Map as local roads which require 60 feet of right-of-way. The applicant shall delineate and label the existing rights -of -way (along with the creating documents) and the physical location of the roads. All setbacks are measured from the edge of right-of-way. These roads are maintained by Weld County. This portion of County Road 33 is under the jurisdiction of the Town of Ault. Please contact the municipality to verify the right-of-way. Show and label the right-of-way. Show the approved access(es) and label with the approved access permit number, if applicable. J. East Collins Street and Industrial Drive are under the jurisdiction of the Town of Eaton. Please contact the municipality to verify the rights -of -way. Show and label the rights -of -way. Show the approved accesses and label with the access permit number, if applicable. K. Show and label all approved access locations, approved access widths and the appropriate turning radii (65'). Prior to construction, the applicant must obtain a Weld County access permit for all accesses located on Weld County maintained roadways. L. Show the approved Colorado Department of Transportation (CDOT) accesses and label with the approved access permit number, if applicable. M. Show and label the approved tracking control devices for all Weld County maintained roadway access locations. N. Show and label any entrance gate associated with an access onto a County maintained roadway. Gates shall be located 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. 3. Prior to construction: A. A Flood Hazard Development Permit is required for all development in the 100 -year floodplain. B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit must be obtained. C. The applicant shall submit a copy of any recorded agreement or memoranda of agreement signed by each owner of property crossed by an access (for ingress, egress, utilities, etc.) used for this project. Any such agreement shall be referenced on the USR map by the Weld County Clerk and Recorder's reception number. 2022-0068 PL2623 SPECIAL REVIEW PERMIT (USR21-0018) - PUBLIC SERVICE COMPANY OF COLORADO, AN XCEL ENERGY COMPANY PAGE 15 D. A copy of any signed and recorded (construction and post -construction) easement agreements (or other acceptable authorization from property owners) shall be submitted to the Department of Planning Services. E. A copy of any signed and recorded ditch crossing agreements (or other legally required authorization) from ditch rights -of -way encroached upon by the transmission line towers or construction easements shall be provided to the Department of Planning Services. 4. Prior to On -Site Construction: A. The approved access and tracking control shall be constructed/installed. 5. Prior to Operation: A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator, the Fire District, and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Department of Planning Services. 6. The applicant shall submit one (1) electronic (.pdf) copy of the map for preliminary approval to the Weld County Department of Planning Services. 7. Upon completion of Conditions of Approval # 1 and #2 above, the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-390 of the Weld County Code. The Mylar map and additional requirements shall be submitted within 180 days from the date of the Board of County Commissioners Resolution, The applicant shall be responsible for paying the recording fee. 8. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required 180 days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional three (3) month period. 9. The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. 2022-0068 PL2623 SPECIAL REVIEW PERMIT (USR21-0018) - PUBLIC SERVICE COMPANY OF COLORADO, AN XCEL ENERGY COMPANY PAGE 16 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of January, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WED COUNTY, COLORADO ATTEST: dam44)�� Weld County Clerk to the Bo BY: Deputy Clerk to the APP ED A ounty A orney Date of signature: Izijz.z- Scott K. James, Chair Steve Moreno (Yay) (Yay) (Ysy) Lori Saine 2022-0068 PL2623 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS PUBLIC SERVICE COMPANY OF COLORADO, AN XCEL ENERGY COMPANY. USR21-0018 1 The Site Specific Development Plan and Use by Special Review Permit, USR21-0018, for a 1041 Major Facility of a Public Utility (Electric Transmission line extending a total of 16 miles in 3 [three] segments: 1) An overhead 230 kV double -circuit transmission line extending between the Western Area Power Administration [WAPA] Ault Substation and the planned Public Service of Colorado Husky Substation [located in the Town of Ault], 2) An overhead 115/230 kV double -circuit transmission line extending from the Colorado Husky Substation to the proposed Collins Street Substation site [in the Town of Eaton], 3) An overhead 115/230 kV double -circuit transmission line extending from the Collins Street Substation to the existing Cloverly Tap Point) in the A (Agricultural) Zone District. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety . Plan on or before March 15th of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. 4. The applicant shall be responsible for controlling noxious weeds on the various project sites, pursuant to Chapter 15, Article I and II, of the Weld County Code. 5. All accesses onto County maintained roadways shall be maintained to mitigate any impacts to the road, including damages and/or off -site tracking. 6. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 7. 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. 8. The applicant shall comply with all requirements provided in the executed Road Maintenance Agreement. 9. The historical flow patterns and runoff amounts on the various project sites will be maintained. 10. Weld County is not responsible for the maintenance of on -site drainage related features. 11. 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. 2022-0068 PL2623 DEVELOPMENT STANDARDS (USR21-0018) PUBLIC SERVICE COMPANY COLORADO, AN XCEL ENERGY COMPANY PAGE2 12. 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. 13. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article I of the Weld County Code. 14. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction of the transmission line and until ground cover is established. Uses on the substation property shall comply with the Colorado Air Quality Commission's air quality regulations. 15. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and obtain a permit from the Air Pollution Control Division of the Colorado Department of Public Health and Environment, as applicable. 16. During construction, adequate toilet facilities and handwashing units shall be provided. Portable toilets are acceptable. Portable toilets shall be serviced by a cleaner licensed in Weld .County, contain hand sanitizers and shall be removed upon completion of construction. 17. Environmental Protection Measures for Construction Projects, as identified in the application, shall be adhered to. 18. The operation shall comply with all applicable rules and regulations of the state and federal agencies and the Weld County Code. 19. 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. 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. 20. 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. 21. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -wide Road Impact Fee Program. 2022-0068 PL2623 DEVELOPMENT STANDARDS (USR21-0018) - PUBLIC SERVICE COMPANY OF COLORADO, AN XCEL ENERGY COMPANY PAGE 3 22. Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 23. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 24. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 25. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 26. 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. 27. 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. 28. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of. the state, Mineral resource locations are widespread throughout the County and people moving into these areas must recognize the various impacts associated with this development. Oftentimes, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 29. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the Weld County Code, shall be placed on the map and recognized at all times. 2022-0068 PL2623 Hello