The URL can be used to link to this page

Browse Search

Home My WebLink About20220078.tiffMEMORANDUM TO: Chris Gathman, Planning Services FROM: Mike McRoberts, P.E., Development Review DATE: October 11, 2021 SUBJECT: USR21-0018 Excel Energy The Weld County Planning Services' Development Review Division has reviewed this proposal. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS GENERAL PROJECT INFORMATION/LOCATION Project description: A Use by Special Review Permit for a 1041 Major Facilities of a Public Utility (proposed Electric Transmission line extending a total of sixteen (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. Parcel numbers: Various/multiple (this project is located within portions of 158 separate parcels). ACCESS Weld County Development Review has reviewed the application materials related to access. According to the application materials, construction and maintenance access for the proposed transmission line will be determined following final transmission line engineering and structure location identification. It is anticipated that much of the transmission line right-of-way access will be from Weld County maintained roadways. Per Section 8-14-30 of the Weld County Code, an Access Permit is required for access to Weld County maintained roadways. We strongly encourage you to discuss your access with Development Review prior to laying out your USR map to ensure the approved accesses are compatible with your layout. Per Section 24-8-40, when feasible, there shall be no net increase in the number of accesses to a public road. Minimum access spacing requirements are shown in Table 1, of Section 8-14-30, of the Weld County Code. Please refer to Chapter 8 of the Weld County Code for more information regarding access. The applicant shall work with Planning Services' Development Review Access Permits Team to obtain all necessary permits. ROADS AND RIGHTS -OF -WAY County Roads 29 and 66 are paved roads and are designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as arterial roads, which require 140 feet of right-of-way. The applicant shall delineate and label on the USR map the existing and future rights -of -way (along with the creating documents) and the physical location of each road. Pursuant to the definition of setback in the Weld County Code, Section 23-1-90, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. These roads are maintained by Weld County. County Roads 31, 35, 78, 80 and 84 (west of CR 33 and east of Highway 85) are gravel roads and are designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as local roads, which require 60 feet of right-of-way. The applicant shall delineate and label on the USR map the existing right-of-way (along with the creating documents) and the physical location for each road. Pursuant to the definition of setback in the Weld County Code, Section 23-1- 90, the required setback is measured from the right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. These roads are maintained by Weld County. County Roads 37 (at all four crossing locations), 41, 70, 76, 84 (east of Highway 85) and E. 5th Street are a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017- 01) as local roads, which require 60 feet of right-of-way. The applicant shall delineate and label on the USR map the existing right-of-way (along with the creating documents) and the physical location for each road. Pursuant to the definition of setback in the Weld County Code, Section 23-1-90, the required setback is measured from the right-of-way line. Be aware that physical roadways may not be centered in the 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. The municipality has jurisdiction over access to the road. Please contact the Town of Ault to see if they have any special requirements for this project. East Collins Street and Industrial Drive are under the jurisdiction of the Town of Eaton. The municipality has jurisdiction over access to these roads. Please contact the Town of Eaton to see if they have any special requirements for this project. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to state highways. Please contact Tim Bilobran at the Greeley office (970-350-2163) to see if CDOT has any special requirements for this project. (State Highways 14, 85, and 392) The Colorado Department of Transportation (CDOT) has completed a US 85 Planning and Environmental Linkages (PEL) Study. The objective of the US 85 PEL Study is to develop a strategic vision for US 85 between 1-76 and the Town of Nunn. Please review the US 85 PEL study to ensure compliance. More information pertaining to the US 85 PEL can be found at: https://www.codot.gov/projects/us85pel. Per Section 8-13-30.8, a Weld County Right -of -Way Use Permit is required for any project that will be occupying, constructing or excavating facilities within, and/or encroaching upon, any County rights -of -way or easements. Right -of -Way Use Permit instructions and application can be found at: httos://www.weldaov.com/Government/Departments/Public-Works/Permits/Right-of-Wav-Permits A Transport Permit shall be used for vehicles using the County Road network that are overweight or oversized, or both, based on the Guidelines for legal limitations and definitions found in the Rules and Regulations section of the Colorado Department of Transportation 2 C.C.R. 601-4 and in Chapter 8, Article XV of the Weld County Code. A Transport Permit Application can be found at: https://www.weldgov.com/Government/Departments/Public-Works/Permits/Transport-Permits Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. TRAFFIC The traffic information submitted with the application materials indicated that there will be approximately 20-25 daily roundtrips during construction. According to the application materials, the proposed transmission line route will cross: 13 County maintained roads (County Roads 29, 31, 35, 37, 41, 66, 70, 72, 76, 78, 80, 84 and East 51h Street); three state highways (Highways 14, 85 and 392); one road under the jurisdiction of the Town of Ault (County Road 33); and two roads under the jurisdiction of the Town of Eaton (East Collins Street and Industrial Drive). At full build -out CR 41 and CR 66 will require 80 -foot -wide and 140 -foot -wide rights -of -way, respectively. The proposed route's design shall accommodate the full buildout of these rights -of -way. The proposed route will parallel County Roads 31, 37, 76, 80, and 84. TRACKING CONTROL Tracking control is required to prevent tracking from the project site onto public roadways. For access to paved roads, tracking control devices can be double cattle guards with 100 linear feet of asphalt or 300 linear feet of asphalt. For access to gravel roads, tracking control devices must be either double cattle guards with 100 linear feet of road base, or road base on all driving surfaces. Temporary Tracking Control shall be used during construction unless permanent tracking control is installed ahead of construction activities. Recycled concrete is not allowed in County right-of-way. Tracking control for unmaintained public right-of-way is required just prior to entering publicly maintained roadways. A variance request for alternatives to the tracking control requirement can be submitted to Development Review for review and consideration. :Zs7L117i'i1-111LIIIMI*1-101[d_[c1:1 i'i14011 Development Review is requiring a Road Maintenance Agreement during construction. A typical Road Maintenance Agreement includes, but is not limited to, dust control and damage repair to specified haul routes. An example agreement is available at: https://www.weldgov.com/files/sharedassets/public/departments/public-works/documents/usr-spr-permits- improvements-agreement-template. pdf DRAINAGE REQUIREMENTS This project will be constructed over portions of 158 separate parcels falling within Urbanizing and Non Urbanizing Drainage Areas. Because the construction of transmission lines qualifies for an exception to stormwater detention (Exception 5, Weld County Code, Section 8-11-40.1.) and the proposed project staging areas, Husky Substation, and Collins Street Substation will not be in unincorporated Weld County, no drainage report or detention pond designs are required for this project. (The Husky Substation will be constructed in the Town of Ault and the Collins Street Substation will be constructed in the Town of Eaton.) Historic Flows: The applicant shall maintain the historic drainage flows and existing runoff amounts from the associated properties. GRADING PERMIT A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications are accepted after the planning process is complete (map recorded). An Early Release Request Form may be entertained only after the applicant, Development Review, and Planning Department have reviewed the referral and surrounding applicant comments. The Early Release Request may or may not be granted depending on referral comments and surrounding applicant concerns. Contact the Development Review Division for more information. A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575. 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. (Development Review) B. The applicant shall submit a recorded copy of any agreement signed by all owners 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. (Development Review) C. The USR map shall be amended to delineate the following: 1. 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. (Development Review) 2. County Roads 31, 35, 78, 80, and 84 (west of CR 33 and east of 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. (Development Review) 3. County Roads 37 (at all four crossing locations), 41, 70, 76, 84 (east of Highway 85), and East 5'" 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. (Development Review) 4. 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. (Development Review) 5. East Collins Street and Industrial Drive are under the jurisdiction of the Town of Eaton. Please contact the municipality to verify the right-of-way. Show and label the right-of-way. Show the approved accesses and label with the access permit number, if applicable. (Development Review) 6. 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. (Development Review) 7. Show the approved Colorado Department of Transportation (CDOT) accesses and label with the approved access permit number, if applicable. (Development Review) 8. Show and label the approved tracking control devices for all Weld County maintained roadway access locations. (Development Review) 9. 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. (Development Review) Prior to Construction: If more than one (1) acre is to be disturbed, a Weld County Grading Permit must be obtained. (Development Review) Prior to On -site Construction: The approved access and tracking control shall be constructed/installed. (Development Review) DEVELOPMENT STANDARDS (NOTES ON THE USR MAP) 1. 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. (Development Review) 2. All accesses onto County maintained roadways shall be maintained to mitigate any impacts to the road, including damages and/or off -site tracking. (Development Review) 3. There shall be no parking or staging of vehicles on County maintained roadways. On -site parking shall be utilized. (Development Review) 4. Any work that may occupy and or encroach upon any County rights -of -way or easements shall acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review) 5. The Applicant shall comply with all requirements provided in the executed Road Maintenance Agreement. (Development Review) 6. The historical flow patterns and runoff amounts on the various project sites shall be maintained. (Development Review) 7. Weld County is not responsible for the maintenance of any on -site drainage related features. (Development Review) WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT c u rY 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org Memorandum To: Chris Gathman From: Lauren Light, Environmental Health Services Date: September 29, 2021 Re: USR21-0018 Public Service Company of Colorado Environmental Health Services has reviewed this proposal for a Site Specific Development Plan and Use by Special Review Permit for a 1041 Major Facilities of a Public Utility (proposed Electric Transmission line extending a total of sixteen (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. Permanent water and sewer are not required as the transmission line is a temporary construction use. Portable toilets and bottled water can be utilized during construction of the transmission line. If the amount of disturbed area exceeds 25 acres, an Air Pollution Emission Notice (APEN) is required. We have no objections to the proposal; however, we do recommend that the following requirements be incorporated into the permit as development standards: 1. 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. 2. 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. 3. 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 facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. Health Administration Public Health & Environmental Health Communication, Emergency Preparedness Vital Records Clinical Services Services Education & Planning g Response Icic: 9/0 304 6410 Ice: 9:0 304 6420 Tele: 970-304-6415 Tele: 970-.304-6470 Tele: 970-304-6470 Fax: 9/0-301-641'2 Fax: 910-304-6416 Fax: 970-304-6411 Fax: 970-304-6452 Fax: 970-304-6452 publicHeadth 4. 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. 5. 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. 6. 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 be removed upon completion of construction. 7. Environmental Protection Measures for Construction Projects, as identified in the application, shall be adhered to. 8. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. Weld County Referral September 17, 2021 The Weld County Department of Planning Services has received the following item for review: Applicant: Public Service Company of Colorado Case Number: USR21-0018 Please Reply By: October 15, 2021 Planner: Chris Gathman Project: A Use by Special Review Permit for a 1041 Major Facilities of a Public Utility (proposed Electric Transmission line extending a total of sixteen (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. Parcel Number: Multiple Parcels Legal: The transmission line is to be located in Sections 1, 2, 3, 4, 5, 6, 10, 12, 13, 24, 25, and 36, T7N R66W; Sections 7 and 31, T7N, R65W; and Sections 7, 18, 19, 20, 28 and 29, T6N R65W of the 6th P.M., Weld County, Colorado. Location: The proposed Transmission line runs from the WAPA Ault Substation located south of County Road 86 and east of County Road 25 to the proposed Husky Substation (within the Town Limits of Ault). Transmission line then continues east along County Road 84 to County Road 37. Transmission line then runs south to County Road 82 and then proceeds southwest to the west side of US Highway 85. The transmission line runs to County Road 76 and then running east and then south to the Municipal Limits of Eaton. The transmission line exits Town of Eaton municipal limits and continues starting at County Road 72 and proceeds generally south along US Highway 85 before turning east to the Cloverly Tap Point located to the east of County Road 41 and south of County Road 66. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax 0 We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: ❑ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Signature HDutrow Agency Zoning Compliance Date 09/22/2021 Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax PROJECT: MEMORANDUM TO: Chris Gathman DATE: October 4, 2021 FROM: Diana Aungst, CFM SUBJECT: USR21-0018, Public Service Company of Colorado A Use by Special Review Permit for a 1041 Major Facilities of a Public Utility (proposed Electric Transmission line extending a total of sixteen (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. PARCELs: Multiple PRIOR TO CONSTRUCTION: 1. A Flood Hazard Development Permit is required for all development in the 100 -year floodplain. (Department of Planning Services - Floodplain) DELINEATE ON THE PLAT: 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) DEVELOPMENT STANDARDS: 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. (Department of Planning Services - Floodplain) 2. 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) Weld County Referral September 17, 2021 The Weld County Department of Planning Services has received the following item for review: Applicant: Public Service Company of Colorado Case Number: USR21 -0018 Please Reply By: October 15, 2021 Planner: Chris Gathman Project: A Use by Special Review Permit for a 1041 Major Facilities of a Public Utility (proposed Electric Transmission line extending a total of sixteen (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. Parcel Number: Multiple Parcels Legal: The transmission line is to be located in Sections 1, 2, 3, 4, 5, 6, 10, 12, 13, 24, 25, and 36, T7N R66W; Sections 7 and 31, T7N, R65W; and Sections 7, 18, 19, 20, 28 and 29, T6N R65W of the 6th P.M., Weld County, Colorado. Location: The proposed Transmission line runs from the WAPA Ault Substation located south of County Road 86 and east of County Road 25 to the proposed Husky Substation (within the Town Limits of Ault). Transmission line then continues east along County Road 84 to County Road 37. Transmission line then runs south to County Road 82 and then proceeds southwest to the west side of US Highway 85. The transmission line runs to County Road 76 and then running east and then south to the Municipal Limits of Eaton. The transmission line exits Town of Eaton municipal limits and continues starting at County Road 72 and proceeds generally south along US Highway 85 before turning east to the Cloverly Tap Point located to the east of County Road 41 and south of County Road 66. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation, Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. if you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services, Weld County Planning Dept, 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: _ -- We have reviewed the request and find no conflicts with our interests. See attached letter. Signature /<_ f• Date 10/15/21 Agency Lanmer & Weld Irrigation Company Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax LA RENCE CUSTER 5245 RONALD REAGAN BLVD.. SUITE I JOHNSTOWN, COLORADO B0S34 TELEPHONE. 970.622-8181 GRASMICK JONES & DONOVAN, LLP ATTORNEYS AT LAW Bradley C. Grasmick • David P. Jones Ryan M. Donovan Wesley S. Knoll • Rebecca E. Spence • David L. Strait October 14, 2021 Chris Gathman Weld County Planning Dept. 1555 N. 17th Ave. Greeley, CO 80631 Sent via email: c Fa11nan c�rlelcl r,►J.ctart7 W W W.LCWATERL W.COM h rad C.I ewa to rl a w.c o m Re: Planning Use By Special Review, Case # USR21-0018 Dear Chris Gathman, This office represents Larimer and Weld Irrigation Company ("LWIC"). On behalf of our client, we hereby submit the following comments regarding the proposed Planning Use by Special Review application submitted by Xcel. Notice of the project was received by LWIC on September 17, 2021. LWIC owns and maintains the Larimer and Weld Canal (aka the Eaton "Ditch") as well as the Town Boyd Lateral ("Lateral") and associated easements. It appears the transmission line(s) will cross these structures at least once. We submit the following comments: • LWIC is concerned about protecting its structures and easements. LWIC's structures are used to deliver irrigation water to approximately 60,000 acres of land. Colorado is a "right to farm" state and the Ditch and Lateral are both essential to the operation of the farms which are served therefrom. • LWIC has easements on both sides of the Ditch and Lateral as well as a roads within the easements along the Ditch. The ditch roads need to be preserved for LWIC's access to all areas of its easements. • Applicant will need to apply for and enter into a Crossing Agreement with LWIC prior to installation and construction of its transmission lines. The application proposes large, steel monolith poles and high voltage levels. LWIC will require greater easement distances from high voltage monopoles due to, among other things, the potential for arching. LWIC reiterates these distances and requirements will need to be addressed in a Crossing Agreement and may involve input from other agencies, including but not limited to Weld County and CDOT. • There needs to be adequate distance between the Ditch and Lateral roads and the bottom of any transmission line in order for LWIC to safely operate its equipment. • There should be no public or private access to any easement areas including the Ditch, Lateral and related roads. The easement areas must be sufficient to allow LWIC to operate, maintain, repair, rehabilitate and replace its Ditch, Lateral and corresponding infrastructure as the exigencies may require pursuant to C.R.S. 37-86- 103 and abundant case law. Xcel should be required to obtain an agreement with Larimer and Weld regarding the extent of the easement for the Ditch and Lateral. ■ All towers or other equipment must be installed and located outside of the easement areas. Thank you in advance for considering these questions and comments. We will continue to follow the progress of the project. If you have any questions, please let me and LWIC know. Sincerely, LAWRENCE CUSTER GRASMICK JONES & DONOVAN, LLP Digitally signed by Bradley Grasmick Date: 2021.10.14 15:0 7:14 -06'00' Bradley C. Grasmick Attorney for Larimer & Weld Irrigation Company cc: Larimer & Weld Irrigation Company Weld County Referral September 17, 2021 The Weld County Department of Planning Services has received the following item for review: Applicant: Public Service Company of Colorado Case Number: USR21-0018 Please Reply By: October 15, 2021 Planner: Chris Gathman Project: A Use by Special Review Permit for a 1041 Major Facilities of a Public Utility (proposed Electric Transmission line extending a total of sixteen (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. Parcel Number: Multiple Parcels Legal: The transmission line is to be located in Sections 1, 2, 3, 4, 5, 6, 10, 12, 13, 24, 25, and 36, T7N R66W; Sections 7 and 31, T7N, R65W; and Sections 7, 18, 19, 20, 28 and 29, T6N R65W of the 6th P.M., Weld County, Colorado. Location: The proposed Transmission line runs from the WAPA Ault Substation located south of County Road 86 and east of County Road 25 to the proposed Husky Substation (within the Town Limits of Ault). Transmission line then continues east along County Road 84 to County Road 37. Transmission line then runs south to County Road 82 and then proceeds southwest to the west side of US Highway 85. The transmission line runs to County Road 76 and then running east and then south to the Municipal Limits of Eaton. The transmission line exits Town of Eaton municipal limits and continues starting at County Road 72 and proceeds generally south along US Highway 85 before turning east to the Cloverly Tap Point located to the east of County Road 41 and south of County Road 66. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax © We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. ✓ See attached letter. Signature Sara J.L. Irby Date 10/14/21 Agency Fischer, Brown,Barlett, Larsen, and Irby P.C. (See attached letter) Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax FISCHER, BROWN, BARTLETT, LARSEN & IRBY, PC MARGARET A. (Meg) BROWN WARD H. FISCHER (1929-1996) DANIEL K. BROWN WILLIAM FISCHER O956-2019) BRENT A. BARTLETT WILLIAM H. BROWN (Of Counsel) LISA A. LARSEN WILLIAM C, GUNN (Of Counsel) SARA J.L. IRBY ATTORNEYS AT LAW DONALD E FRICK (Of Counsel) TODD W. ROGERS Phone: 970.407.9000 WHITNEY PHILLIPS 1319 East Prospect Road Fax: 970 407 1055 Fort Collins, CO 80525 Website www.FscherbrownIawcom October 14, 2021 Weld County Department of Planning Services SENT VIA EMAIL Attn: Chris Gathman 1555 N. 17t" Ave. Greeley, CO 80631 RE: Application of Public Service Company of Colorado Case No. USR21-0018 Dear Mr. Gathman, Please be advised that Fischer, Brown, Bartlett, Larsen & Irby, P.C., represents the following ditch companies (collectively "Ditch Companies"), which own and operate the following ditches (collectively referred to as the "Ditches"): Ditch Company Ditch General location of potential crossing based on application dial The Water Supply and Storage Larimer County Canal Sections 4 and 5, Township 7 Company North, Range 66 West of the 6" P.M. The Pierce Lateral Ditch Pierce Lateral Section 5, Township 7 North, Company Range 66 West of the 6"' P.M. The Mead Lateral Company Mead Lateral Sections 3 and 10, Township 7 North, Range 66 West of the 6`h P.M. Cross Cut Lateral Company Cross Cut Lateral Sections 1 and 2, Township 7 North, Range 66 West of the 6'h P.M. New Cache Ia Poudre Irrigating New Cache Ditch (a.k.a. Greeley Section 19, Township 6 North, Company No. 2 Canal) Range 65 West of the 6"' P.M. 1 The Sections listed are based on our initial review of the maps and diagrams provided by Applicant. The Ditch Companies reserve the right to amend these Sections upon further review of the proposed plans with Applicant. Each ditch company has a valid and existing right-of-way and easement for their respective ditches and sufficient lands on each side of their ditches to allow the companies to fully enjoy and utilize the easement and right-of-way for access, maintenance, repair and replacement of their ditches and other facilities and appurtenances (the "Ditch Easements"). Pursuant to the Notice, Applicant intends on installing an overhead transmission line ("Transmission Line") 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. Upon our initial review of the Application, all of the Ditches and Ditch Easements referenced above will have to be crossed in at least one location by the proposed Transmission Line. The exact legal description for each crossing shall be provided by Applicant. To ensure that the crossings do not unreasonably interfere with the use, maintenance and operation of the Ditches, no crossing of the Ditches and Ditch Easements shall be allowed without the Ditch Companies' prior written permission. Accordingly, each of the Ditch Companies request that the County's approval of the Application be conditioned upon Applicant entering into a written crossing agreement with each Ditch Company prior to commencing any construction or installation of the Transmission Line over, on or across each Company's Ditch and Ditch Easement. Such agreement shall include without limitation, a term requiring Applicant to submit detailed plans and specifications of the proposed Transmission Line crossing to each Ditch Company for its review, obtaining each Ditch Company's approval of such plans that relate to crossing its respective Ditch, and payment of any related crossing fees and other expenses related to the crossing, before commencing any construction or installation of the Transmission Line. Additionally, at this stage in the process it is unclear whether the proposed Transmission Line will involve installing any facilities, such as towers or substations, within the Ditch Easements or directly adjacent to the Ditch Easements, or requiring any temporary construction easements within the Ditch Easements. Therefore, the Ditch Companies would like to be notified throughout the process as such plans are finalized. Any encroachment within the Ditches and Ditch Easements shall not be allowed without the Ditch Companies' prior written permission. Thank you for your consideration. Should you have any questions please do not hesitate to contact me. Sincerely, t ' r r Sara J.L. Irby cc: Don Frick— WSSC Keith Amen — Mead Lateral Company Wade Podtburg — Pierce Lateral Ditch Company Dale Trowbridge — New Cache la Poudre Irrigating Co. Brian Foss — Cross Cut Lateral Ditch Company Weld County Referral September 17, 2021 The Weld County Department of Planning Services has received the following item for review: Applicant: Public Service Company of Colorado Case Number: USR21-0018 Please Reply By: October 15, 2021 Planner: Chris Gathman Project: A Use by Special Review Permit for a 1041 Major Facilities of a Public Utility (proposed Electric Transmission line extending a total of sixteen (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. Parcel Number: Multiple Parcels Legal: The transmission line is to be located in Sections 1, 2, 3, 4, 5, 6, 10, 12, 13, 24, 25, and 36, T7N R66W; Sections 7 and 31, T7N, R65W; and Sections 7, 18, 19, 20, 28 and 29, T6N R65W of the 6th P.M., Weld County, Colorado. Location: The proposed Transmission line runs from the WAPA Ault Substation located south of County Road 86 and east of County Road 25 to the proposed Husky Substation (within the Town Limits of Ault). Transmission line then continues east along County Road 84 to County Road 37. Transmission line then runs south to County Road 82 and then proceeds southwest to the west side of US Highway 85. The transmission line runs to County Road 76 and then running east and then south to the Municipal Limits of Eaton. The transmission line exits Town of Eaton municipal limits and continues starting at County Road 72 and proceeds generally south along US Highway 85 before turning east to the Cloverly Tap Point located to the east of County Road 41 and south of County Road 66. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax ® We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: eWe have reviewed the request and find no conflicts with our interests. See attached letter. Signature Dale Trowbridge, General Manager Agency New Cache La Poudre Irrigating Compay=ny Date 10/6/2021 Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax THE NEW CACHE LA POUDRE IRRIGATING COMPANY THE CACHE LA POUDRE RESERVOIR COMPANY Case Number: USR21-0018 (970) 352-0222 Project Review Comments Submittal Date: 10/5/2021 Project: XCEL Transmission line Reviewed by: The New Cache La Poudre Irrigating Company In reviewing the application, New Cache make the following comments. The New Cache La Poudre Irrigating Company canal traverses Section 19, Township 6N, Range 65W (southwest of Lucerne), The New Cache La Poudre Irrigating Company has a statutory responsibility to operate and maintain the canal. The ditch company has been in existence since 1870 and has a prescriptive easement. This activity includes, but is not limited to weed control, excavation of the canal, weed burning, water delivery, etc. The canal road and adjoining area are utilized for these purposes. A crossing agreement is required by New Cache for any crossing of the canal. This agreement will detail the crossing and protect the operations of the ditch company. The transmission line poles cannot be located within the easement of the ditch. Discussion must be had over the use of excavators and other equipment under the line. Respectfully, Dale Trowbridge General Manager The New Cache La Poudre Irrigating Company 33040 Railroad Avenue • P.O. Box 104 • Lucerne, Colorado 80646 Weld County Referral September 17, 2021 The Weld County Department of Planning Services has received the following item for review: Applicant: Public Service Company of Colorado Case Number: USR21-0018 Please Reply By: October 15, 2021 Planner: Chris Gathman Project: A Use by Special Review Permit for a 1041 Major Facilities of a Public Utility (proposed Electric Transmission line extending a total of sixteen (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. Parcel Number: Multiple Parcels Legal: The transmission line is to be located in Sections 1, 2, 3, 4, 5, 6, 10, 12, 13, 24, 25, and 36, T7N R66W; Sections 7 and 31, T7N, R65W; and Sections 7, 18, 19, 20, 28 and 29, T6N R65W of the 6th P.M., Weld County, Colorado. Location: The proposed Transmission line runs from the WAPA Ault Substation located south of County Road 86 and east of County Road 25 to the proposed Husky Substation (within the Town Limits of Ault). Transmission line then continues east along County Road 84 to County Road 37. Transmission line then runs south to County Road 82 and then proceeds southwest to the west side of US Highway 85. The transmission line runs to County Road 76 and then running east and then south to the Municipal Limits of Eaton. The transmission line exits Town of Eaton municipal limits and continues starting at County Road 72 and proceeds generally south along US Highway 85 before turning east to the Cloverly Tap Point located to the east of County Road 41 and south of County Road 66. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax ❑✓ We have reviewed the request and find that it does / snot co ith our Comprehensive Plan because: they need crossing agreements to cross our ditch/easements We have reviewed the request and find no conflicts with our interests. See attached letter. f Signature ^r ',- • `. Agency The Water Supply and Storage Company Date 9/24/21 Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax Weld County Referral September 17, 2021 The Weld County Department of Planning Services has received the following item for review: Applicant: Public Service Company of Colorado Case Number: U5R21-0018 Please Reply By: October 15, 2021 Planner: Chris Gathman Project: A Use by Special Review Permit for a 1041 Major Facilities of a Public Utility (proposed Electric Transmission line extending a total of sixteen (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. Parcel Number: Multiple Parcels Legal: The transmission line is to be located in Sections 1, 2, 3, 4, 5, 6, 10, 12, 13, 24, 25, and 36, T7N R66W; Sections 7 and 31, T7N, R65W; and Sections 7, 18, 19, 20, 28 and 29, T6N R65W of the 6th P.M., Weld County, Colorado. Location: The proposed Transmission line runs from the WAPA Ault Substation located south of County Road 86 and east of County Road 25 to the proposed Husky Substation (within the Town Limits of Ault). Transmission line then continues east along County Road 84 to County Road 37. Transmission line then runs south to County Road 82 and then proceeds southwest to the west side of US Highway 85. The transmission line runs to County Road 76 and then running east and then south to the Municipal Limits of Eaton. The transmission line exits Town of Eaton municipal limits and continues starting at County Road 72 and proceeds generally south along US Highway 85 before turning east to the Cloverly Tap Point located to the east of County Road 41 and south of County Road 66. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax ® We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Michael Garrott Agency City of Greeley Date 9/30/2021 Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax From: Mike Uarrnli To: Chris Gathma n Cc: Julie Cozad Subject: Ref: USR21-0018 Date: Thursday, September 30, 20219:45:08 AM Attachments: REFERRAL FORM3J0.202l.adf Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning Chris, The City of Greeley has the following minor comments: The applicant shall obtain right-of-way (ROW) permits from Greeley's Public Works Department if the transmission line is crossing any ROW and/or easements for Greeley's infrastructure and/or within Greeley'sjurisdiction. if any water/sewer lines are crossed, an additional crossing permit would be required through Greeley's Water/Sewer Department. Thanks, ,ltl f1� Grcellcy Michael Garrott, AICP Planning Manager Community Development Department) Planning and Zoning 1100 10th Street, 2nd Floor 970-350-9784 I rnik �rrQ.ktLg.r Ieygov,com Website: From: i-lise-Idler - COOT, Gloria To: c[hrls Gathmaa Cc: Tim y gilobran - COOT; Allvson Mutt qp - CQOT Subject; USr21-0018/Public Service/Weld County/US 85 Date: Wednesday, September 29, 2021 1:02:58 PM Attachments: imaLIe0p -pR4 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. The applicant will need to obtain utility permits for any utility proposed to be in CDOT right-of-way. Access permits will be required whenever the applicant needs a driveway. The applicant will need to contact CDOT Region 4 Permits Unit for permits. Gloria Hice-Idler Rocksol Consulting (970) 381-8629 10601 W. 10th Street, Greeley, CO 80634 gloria.hice-idlerGstate.co.us I www.codotov I www.cotrip.org fEATQN LU III 0 W fd County Planning Commission 1555 N 17th Ave Greeley, CO 80631 November 23, 2021 223 1ST Street EATON, CO 80615 PHONE: (970) 454-3338 FAX: (907) 454-3339 www,eatonco.org Re: Public Service Company of Colorado Application for a Use by Special Review Permit USR 21-0018 Dear Planning Commissioners: The Town of Eaton ("Town") understands that, on December 7, 2021, the Weld County Planning Commission will conduct a public hearing related to Public Service Company of Colorado's ("PSCo") application for a use by special review permit for a 1041 major facility of a public utility ("County Application"). Please be advised that PSCo has submitted related applications to the Town, an application for a special use permit for the proposed transmission line and an application for approval of a site development plan for a proposed substation ("Town Applications"). The Town is reviewing the Town Applications and conducting due diligence regarding the same. Because Town has not completed its review, the Town does not, at this time, have referral comments to offer regarding the County Application, If Weld County staff members have any questions, please have them direct those to me or to Vince Harris, the Town's planner, at 303.912.1900. Since ' ly Wesley L, anchiy Interim "l ar-vmi Administrator cc: Town Board of Trustees (via e-mail delivery) Vince Harris (via e-mail delivery) 3nca'rpa4ated 1892 Hello