HomeMy WebLinkAbout20220069.tiffEXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Butch White, that the
following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by
the Weld County Planning Commission that the application for:
CASE NUMBER:
USR21-0018
APPLICANT:
PUBLIC SERVICE COMPANY OF COLORADO
PLANNER:
CHRIS GATHMAN
REQUEST:
A USE BY SPECIAL REVIEW PERMIT FOR A 1041 MAJOR FACILITY OF A
PUBLIC UTILITY (PROPOSED ELECTRIC TRANSMISSION LINE EXTENDING A
TOTAL OF SIXTEEN (16) MILES IN THREE (3) 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 COMPANY OF COLORADO HUSKY
SUBSTATION (LOCATED IN THE TOWN OF AULT), 2) AN OVERHEAD 115/230
KV DOUBLE -CIRCUIT TRANMISSION 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-CIRCIT TRANSMISSION LINE EXTENDING FROM THE COLLINS
STREET SUBSTATION TO THE EXISTING CLOVERLY TAP POINT) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION:
THE TRANSMISSION LINE IS TO BE LOCATED IN SECTIONS 12, 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:
GENERALLY LOCATED SOUTH OF CR 86; EAST OF CR 25; WEST OF CR 41;
NORTH OF CR 64.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Chapter 21 of the
Weld County Code
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
21-3-340. A of the Weld County Code, as follows:
Section 21-3-340.4 1 — The health, welfare and safety of the citizens of the County wi//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 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
health, safety and welfare of the inhabitants of the neighborhood and County.
Section 21 -3 -340.A.2 -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 will 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 no significant impacts on
state protected species. Additionally, on February 18, 2021, Colorado Parks and Wildlife (CPW) sent
RESOLUTION USR21-0018
PUBLIC SERVICE COMPANY OF COLORADO
PAGE 2
a letter responded 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 that the
Project would have a beneficial impact to the local economies 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)
Section 21-3-340 A 3 --Al! 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, 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 forty-seven (47)
route alternatives at a local level Level 2 screening combined the higher scoring/better performing
route alternatives into eighteen (18) alternatives on a sub -regional basis (substation to substation that
were compared to each other Level 3 screening combined the better route alternatives from the level
2 screening process into sixteen (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
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PUBLIC SERVICE COMPANY OF COLORADO
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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 proposed under this siting study
This route was deemed least compatible with the other Level 3 alternatives for a number of reasons,
including
The route extends the longest distance between the Husky substation and the Town of Eaton (the
north route) and crossest the greatest number of parcels of all of the Level 3 alternatives
The north route contained was tied for two (2) other routes for containing the most residences within
100 -feet of the proposed transmission line contained the second highest number of residences within
300 -feet of the transmission line route of the alternatives compared
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 UP Railroad
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PUBLIC SERVICE COMPANY OF COLORADO
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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 ROWwere 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 I) 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
• 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 thirteen (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 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
Fourteen (14) miles (or approximately 88% of the transmission line route) are located along field
edges and existing road rights -of -way (ROWs)
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 construction
and post construction of transmission line facility
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PUBLIC SERVICE COMPANY OF COLORADO
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The proposed transmission line crosses the floodplain in three (3) locations in unincorporated Weld
County The applicant indicates that all surface and groundwater resources will 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 no significant impacts on
state protected species Additionally, on February 18, 2021, Colorado Parks and Wildlife (CPW) sent
a letter responded that 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 setback cannot be applied
due to timing limitations or setback 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) standards 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
Project impacts to wildlife are expected to be minimal and limited to temporary disturbance from
construction activities As part of the project, PSCP will 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
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
Section 22-2-10 C "Promoting Economic Growth and Stability" as 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
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
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 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
RESOLUTION USR21-0018
PUBLIC SERVICE COMPANY OF COLORADO
PAGE 6
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
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 Public
Works Department 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 would 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
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 Sheriffs 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 is 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
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
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
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PUBLIC SERVICE COMPANY OF COLORADO
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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 that 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, 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
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
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 Lanmer & 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
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
Section 21-3-340 A 13 -The nature and location for expansion of the facility will not unduly interfere
with any significant wildlife habitat or adversely affect any endangered wildlife species, unique natural
resource, or historic landmark within the impact area
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
responded 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 two hundred forty (240) cultural resources in the
Project Study Area Thirty-eight (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
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PUBLIC SERVICE COMPANY OF COLORADO
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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) permitwill
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
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
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 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 CDPHE, where required
Section 21-3-340 A 17 — The proposed project will not have a significantly adverse net effect on the
capacities or functioning of streams, lakes, and reservoirs in the impact area, nor on the permeability,
volume, recharge capability and depth of aquifers in the impact area
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
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
that 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
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PUBLIC SERVICE COMPANY OF COLORADO
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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 and electric 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
Section 21-3-340 A 19 — The applicant has obtained or will obtain all property rights, permits and
approvals necessary for the proposed project, including surface, mineral and water rights and
easements for drainage, disposal, utilities, access, etc If the applicant has not obtained all
necessary property rights, permits and approvals, the Board may, at its discretion, grant the permit
conditioned upon completion of the acquisition of such rights prior to issuance of a zoning orbudding
permit by the County- Transmission line crossing agreements and ditch crossing agreements (if
applicable) are required as a Condition of Approval for this case
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
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
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
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities
RESOLUTION USR21-0018
PUBLIC SERVICE COMPANY OF COLORADO
PAGE 10
The Planning Commission recommendation for approval is conditional upon the following
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 (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 A copy of the 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 (Department of Planning Services)
D A copy of signed and recorded ditch crossing agreements (or other acceptable 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 (Department of Planning Services)
2 The map shall be amended to delineate the following
A All sheets of the map shall be labeled USR21-0018 (Department of Planning Services)
B The map shall be prepared in accordance with Section 23-2-260 D of the Weld County Code
(Department of Planning Services)
C The attached Development Standards (Department of Planning Services)
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
(Department of Planning Services — Floodplain)
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 (Department of Planning Services)
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 (Development
Review)
G County Roads 31, 35, 78, 80, and 84 (west of CR 33 and east of Highway 85) are gravel roads andare
designated on the Weld County Functional Classification Map as local roads which require 60feet 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)
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
RESOLUTION USR21-0018
PUBLIC SERVICE COMPANY OF COLORADO
PAGE 11
(Development Review)
I 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)
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 (Development Review)
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 (Development Review)
L Show the approved Colorado Department of Transportation (COOT) accesses and label with the
approved access permit number, if applicable (Development Review)
M Show and label the approved tracking control devices for all Weld County maintained roadway
access locations (Development Review)
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 thegate to the
edge of the traveled surface be less than 35 feet (Development Review)
3 Prior to construction
A A Flood Hazard Development Permit is required for all development in the 100 -year floodplain
(Department of Planning Services — Floodplain)
B If more than one (1) acre is to be disturbed, a Weld County Grading Permit must be obtained
(Development Review)
4 Prior to On -Site Construction
A The approved access and tracking control shall be constructed/installed (Development Review)
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 (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 (Department of Planning Services)
7 Upon completion of Conditions of Approval numbers 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 Department of Planning Services' Staff
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 one hundred twenty (120)
days from the date of the Board of County Commissioners resolution The applicant shall be responsible
for paying the recording fee (Department of Planning Services)
RESOLUTION USR21-0018
PUBLIC SERVICE COMPANY OF COLORADO
PAGE 12
8 In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the map not be
recorded within the required one hundred twenty (120) days from the date the Board of County
Commissioners Resolution was signed a $50 00 recording continuance charge may be added for each
additional 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 (Department of Planning
Services)
Motion seconded by Michael Wailes
VOTE
For Passage Against Passage Absent
Tom Cope
Lonnie Ford
Skip Holland
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
Elijah Hatch
Sam Gluck
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on December 7, 2021
Dated the 7th of December, 2021
Kristine Ranslem
Secretary
RESOLUTION USR21-0018
PUBLIC SERVICE COMPANY OF COLORADO
PAGE 13
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Public Service Company of Colorado
USR21-0018
A Site -Specific Development Plan, USR21-0018, and Use by Special Review Permit for a Major Facility
or Public Utility or Public Agency (proposed Electric Transmission line extending a total of sixteen (16)
miles in 3 (three) segments Segment I An overhead 230 kV double -circuit transmission line extending
between the Western Area Power Administration (WAPA) Ault Substation located near County Road 86
and west of County Road 29 and the planned Public Service of Colorado Husky Substation (located in
the Town of Ault) Segment 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)
Segment 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, pursuantto
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 acquire
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 onsite drainage related features
11 All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 3020100 5,
C R S) shall be stored and removed for final disposal in a manner that protects against surface and
groundwater contamination
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, 30-20-100 5, C R S
13 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
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
RESOLUTION USR21-0018
PUBLIC SERVICE COMPANY OF COLORADO
PAGE 14
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, 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
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
RESOLUTION USR21-0018
PUBLIC SERVICE COMPANY OF COLORADO
PAGE 15
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 Often times, 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 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town Along with the drawbacks come the incentives which attract urban
dwellers to relocate- to rural areas open views, spaciousness, wildlife, lack of city noise and
congestion, and the rural atmosphere and way of life Without neighboring farms, those features which
attract urban dwellers to rural Weld County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment, slow -moving farm vehicles
on rural roads, dust from animal pens, field work, harvest and gravel roads, odor from animal
confinement, silage and manure, smoke from ditch burning, flies and mosquitoes, hunting and trapping
activities, shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County Section 35-3 5-102, C R S, provides that an agricultural operation
shall not be found to be a public or private nuisance if the, agricultural operation alleged to be a
nuisance employs methods or practices that are commonly or reasonably associated with agricultural
production
Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
County roads outside of municipalities The sheer magnitude of the area to be served stretches
available resources Law enforcement is based on responses to complaints more than on patrols of the
County, and the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road Snow removal priorities
-mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm Services in rural areas, in many cases, will not be equivalent to municipal services Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban setting Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
RESOLUTION USR21-0018
PUBLIC SERVICE COMPANY OF COLORADO
PAGE 16
open burning present real threats Controlling children's activities is important, not only for theirsafety,
but also for the protection of the farmer's livelihood
EXHIBIT
Ii
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
p
Tuesday, December 7, 2021
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Vice Chair,
Tom Cope, at 12:35 pm.
Roll Call.
Present: Tom Cope, Lonnie Ford, Skip Holland, Butch White, Michael Wailes, Pamela Edens, Michael
Palizzi.
Absent: Elijah Hatch, Sam Gluck.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Angela Snyder, and Maxwell Nader, Department
of Planning Services; Lauren Light, Department of Health; Bob Choate, County Attorney, and Kris Ranslem,
Secretary.
Motion:
Approve the
November 2,
2021 Weld County Planning Commission minutes, Moved by Skip
Holland,
Seconded by
Lonnie Ford.
Motion passed unanimously.
CASE NUMBER: COZ21-0004
APPLICANT: ISAIA AND KRISTA ARICAYOS
PLANNER: MAXWELL NADER
REQUEST: CHANGE OF ZONE FROM THE R-1 (LOW -DENSITY RESIDENTIAL) ZONE
DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT 1 OF SUBDIVSION EXEMPTION SE -1150; BEING PART OF THE SE4SE4
OF SECTION 36, T6N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO NWC STREET; APPROXIMATELY 0.37 MILES
WEST OF NORTH 21ST AVENUE.
Maxwell Nader, Planning Services, stated that the applicant is requesting a continuance to the January 4,
2022 Planning Commission Hearing in order to fulfill the 30 -day mineral notification.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuation
of this application. No one wished to speak.
Motion: Continue Case COZ21-0004 to the January 4, 2022 Planning Commission Hearing, Moved by
Butch White. Seconded by Michael Wailes. Motion carried unanimously.
CASE NUMBER: COZ21-0007
APPLICANT: GARY LEE
PLANNER: ANGELA SNYDER
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
1-3 (HEAVY INDUSTRIAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT 2 OF THE UNION COLONY SUBDIVISION; BEING PART NE4SW4
SECTION 9, T5N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO EAST 16TH STREET, APPROXIMATELY 330
FEET WEST OF BALSAM AVENUE.
Angela Snyder, Planning Services, presented Case COZ21-0007, reading the recommendation and
comments into the record. Ms. Snyder stated that notice was sent to 24 surrounding property owners and
noted that no responses were received. The Department of Planning Services recommends approval of
this application along with conditions of approval and development standards.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Gary and Cheryl Lee, 580 East 16th Street. Mrs. Lee said that Staff did a good job of presenting their
request and appreciate their consideration in this matter.
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one wished to speak
The Chair asked the applicant if they have read through the Conditions of Approval and if they are in
agreement with those The applicant replied that they are in agreement
Motion. Forward Case COZ21-0007 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Michael Wailes,
Seconded by Butch White
Vote Motion carried by unanimous roll call vote (summary. Yes = 7)
Yes. Butch White, Lonnie Ford, Michael Palizzi, Michael Wailes, Pamela Edens, Skip Holland, Tom Cope
CASE NUMBER 1MJUSR21-20-0025
APPLICANT JOEL KONIG, C/O SUPERIOR OILFIELD SERVICES CO, LTD
PLANNER DIANA AUNGST
REQUEST A MAJOR AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE
BY SPECIAL REVIEW PERMIT NO USR20-0025 FOR OPEN MINING (SAND,
GRAVEL AND STONE) AND PROCESSING OF MINERALS OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL)
ZONE DISTRICT
LEGAL DESCRIPTION W2 AND SE4 OF SECTION 22, T12N, R63W OF THE 6TH P M , WELD COUNTY,
COLORADO
LOCATION NORTH OF AND ADJACENT TO CR 138, APPROXIMATELY 1 MILE WEST OF
CR 71 -
Diana Aungst, Planning Services, presented Case 1MJUSR21-20-0025, reading the recommendation and
comments into the record Ms Aungst said that this area has been mined since 2012 She stated that in
2019, 14 61 acres was added to the permit under the first amendment -She added that in July 2021 the
applicant requested an increase of 12 2 acres to the mining area for a total of 39 36 acres Ms Aungst
noted that the life of the operation is dependent on market demand
Ms Aungst noted that notice was sent to five (5) surrounding property owners, however, no responses
were received
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards
Commissioner Wailes referred to the importation of material from other sites and asked if that is for the
berming Ms Aungst said that they may import material from other sites, but not sure what the use of that
material would be
Commissioner Wailes asked how much further the life of the mine will be extended Ms Aungst said that
she is unsure as the applicant does intend to expand the mine in the future
Commissioner Edens asked what their date of completion is Ms Aungst said that staff does not put a date
of completion for gravel mines and suggested asking the applicant that question
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, secondary containment due to fuel storage located on site, and noise report -
Jim McFarland, Superior Oil, 2986 West 29th Street, Greeley, stated that staff did a good job of what they
are trying to accomplish on site
Mr McFarland said that if they import material, it would be for the purpose of blending something with the
materials that they make on site to be able to make it an acceptable product to be used for something else
He added that they may also import some topsoil or overburden for reclamation at the end
Mr McFarland said that the original permit in 2012 provided a five-year completion plan in 2019 when they
increased the acres and added an additional five-year plan He said that we are requesting to increase the
acres today and requesting an additional five-year extension so it will expire in 2026 Mr McFarland stated
2
that it is like a five-year rolling plan as they don't permit the whole 475 acres at once as their lease with the
property owner allows them to increase by smaller increments, so it leaves the bulk of the area for the
landowner to farm
Commissioner Holland asked where the materials are going Mr McFarland said that 90% of the material
goes to the oil and gas facilities in the area He added that they are investigating other uses in the area to
be able -to use the product Mr Holland asked if there is any problem with mining further down Mr
McFarland said that they have reached the floor and added that the deposit is only between 15 to 20 feet
in depth
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one wished to speak
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement
Motion: Forward Case 1MJUSR21-20-0025 to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Butch White, Seconded by Lonnie Ford
Vote- Motion carried by unanimous roll call vote (summary• Yes = 7)
Yes• Butch White, Lonnie Ford, Michael Palizzi, Michael Wailes, Pamela Edens, Skip Holland, Tom Cope
CASE NUMBER USR21-0017
APPLICANT JEREMY MARTIN
PLANNER KIM OGLE
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OIL AND GAS SUPPORT AND SERVICE PRINCIPALLY
ENGAGED IN SERVING THE OIL AND GAS INDUSTRY, INCLUDING PAINTING
OF OIL AND GAS SEPARATORS OUTSIDE OF SUBDIVISIONS AND HISTORIC
TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION LOT A REC EXEMPT RE -4462, PART W2W2 SECTION 35, T1 N, R67W OF THE
6TH P M , WELD COUNTY, COLORADO
LOCATION EAST OF AND ADJACENT TO CR 21 APPROXIMATELY 05 MILES NORTH OF
CR2
Kim Ogle, Planning Services, presented Case USR21-0017, reading the recommendation and comments
into the record Mr Ogle noted an email was submitted by a surrounding property owner outlining concerns
that the site is not conducive to any industrial use, access is difficult, traffic safety, outside painting
contaminants, no method of controlling contamination, and large trees creating poor visibility The
Department of Planning Services recommends approval of this application along with conditions of approval
and development standards
Commissioner Holland asked how close the nearest neighbor is Mr Ogle replied the closest neighbor is
approximately one-half mile to the north of the site
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements and air
emissions limits Ms Light suggested adding "The operation shall comply with all applicable rules and
regulations of State and Federal agencies and the Weld County Code" to the Development Standards as it
was inadvertently left off of the Staff recommendation
Commissioner Edens asked if their well will need to be changed to a commercial well Ms Light said that
they are not going to be using their well
Kelsey Bruxvoort, AGPROfessionals, 3050 67th Avenue, Greeley, stated that the applicant is requesting a
USR for oil and gas support business for outdoor painting of oil and gas vessels There will be one to two
employees on site and painting will occur during daylight hours seven days a week, weather permitting, but
the primary hours of operation are 8 a m to 5 p m Monday through Friday
Ms Bruxvoort stated that the closest residence is approximately 1000 feet from the site This residence is
owned by Charles Marcus and Mr Marcus provided a letter stating that he has no issues with the operation
and does not request that it be screened from view
Ms Bruxvoort said that their professional engineer evaluated the paint volumes and voc emissions and
determined that the surface coating operations are within an acceptable regulatory limit and that an APEN
filing is not required
Commissioner Cope asked at what point do they stop painting with the wind Ms Bruxvoort doesn't know
the threshold but if it is windy enough they are wasting product so they do not paint She added that they
are requesting painting to occur every day to accommodate with the weather
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one wished to speak
The Chair referred to the request by Staff to amend the Resolution Ms Light suggested adding a
Development Standard 23 that states "The operation shall comply with all applicable rules and regulations
of State and Federal agencies and the Weld County Code" and renumber accordingly
Motion: Add Development Standard 23, as recommended by Staff, Moved by Michael Wailes, Seconded
by Michael Palizzi Motion carried unanimously
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those The applicant replied that they are in
agreement
Motion: Forward Case USR21-0017 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Skip Holland, Seconded by Lonnie Ford
Vote Motion carried by unanimous roll call vote (summary Yes = 7)
Yes Butch White, Lonnie Ford, Michael Palizzi, Michael Wailes, Pamela Edens, Skip Holland, Tom Cope
Chair Cope called a recess at 1 36 p m and reconvened the hearing at 1 45 p m
CASE NUMBER
USR21-0018
APPLICANT
PUBLIC SERVICE COMPANY OF COLORADO
PLANNER
CHRIS GATHMAN
REQUEST -
A USE BY SPECIAL REVIEW PERMIT FOR A 1041 MAJOR FACILITY OF A
PUBLIC UTILITY (PROPOSED ELECTRIC TRANSMISSION LINE EXTENDING
A TOTAL OF SIXTEEN (16) MILES IN THREE (3) 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 COMPANY OF
COLORADO HUSKY SUBSTATION (LOCATED IN THE TOWN OF AULT), 2) AN
OVERHEAD 115/230 KV DOUBLE -CIRCUIT TRANMISSION 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-CIRCIT TRANSMISSION LINE EXTENDING FROM THE
COLLINS STREET SUBSTATION TO THE EXISTING CLOVERLY TAP POINT)
IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION
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
GENERALLY LOCATED SOUTH OF CR 86, EAST OF CR 25, WEST OF CR 41,
NORTH OF CR 64
Chris Gathman, Planning Services, presented Case USR21-0018, reading the recommendation and
comments into the record Mr Gathman noted that this request is for the transmission line only There are
no substations permitted in Weld County, as they are located and permitted within municipal limits Under
Exhibit Item 26, Xcel Energy is proposing to shift the transmission line a little bit further to the east where it
4
exits the Town of Eaton along the south boundary of the town crossing County Road 72 and then going
back west to Highway 85 Mr Gathman noted that it doesn't appear that it impacts -any new surrounding
property owners as the boundaries of the properties to the east are still more than 500 feet from the
proposed updated alignment He added that 25 letters and emails were received regarding this application
and are included in the Exhibit Inventory list Mr Gathman said that 49 referrals were sent out and Staff
received 10 referrals with comments and 7 referrals without comments
Mr Gathman briefly provided responses to the 22 criteria required in the Weld County Code for a 1041
Application The Department of Planning Services recommends approval of this application along with
conditions of approval and development standards
Commissioner Holland asked if this project was initiated by Xcel Mr Gathman replied yes Mr Holland
asked what factors support this project Mr Gathman said that they are trying to upgrade the system to
make it more reliable Mr Holland asked if it is development or age of the system that is driving this Mr
Gathman said it is a bit of both as there is a lot of growth occurring in this area and there is also an aging
system Mr Holland asked if this system parallels something they already have or sit a new or
replacement Mr Gathman said it will be a replacement of old equipment
Commissioner Holland asked if the right-of-way for this is primarily on public right-of-way Mr Gathman
said that it is a condition that they would need to obtain all of the right-of-way and they are in the process
of completing that Mr Holland asked if they have the ability for eminent domain Bob Choate, County
Attorney, said that this doesn't fit into the many criteria you are looking at in determining whether to approve,
deny or approve with conditions He added that the answer is yes, but it is not relevant to your decision -
making and encouraged them to not dwell on that issue as it could be cause to find that you abused your
discretion -
Chair Cope said that we need to go through the whole process with hearing the staff and applicant
presentations as well as public comment before making any_opinions on this He asked Staff to finish their
presentations
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan
Rita Ruderman, Xcel Energy, 1800 Larimer, Denver, Colorado, stated that they submitted a 1041
Application for their NCAP (Northern Colorado Area Plan), specifically the Ault to Cloverly transmission
project They are requesting approval in order to construct, operate and maintain a new 115/230 kv
overhead electric power transmission line
Ms Ruderman provided a visual map of the transmission lines from Ault to Greeley and noted that there
are some much older 44 kv transmission system She added that this area is growing and without upgrades
new business and development would be precluded Ms Ruderman said that they are replacing and
improving facilities in the current aging system to increase electric power transmission capacity to serve
existing and future customers in northern Colorado, improve electric power service reliability and safety
given current and anticipated demand and to meet the energy needs of Ault, Eaton, northern Greeley and
surrounding unincorporated Weld County They are replacing two existing substations in Ault and Eaton
and making improvements to two other substations and by replacing the current 44 kv transmission lines_
with new '115 kv and 230 kv lines that will connect Ault, Eaton and northern, Greeley
Ms Ruderman said that there are several factors when considering a siting study and to making preliminary
and final decisions like this Electric system planning discloses the need for a project and where the project
is needed Then the project team relies on input from the public for local perspective and insight The team
must consider sensitive environmental issues, design requirements associated with transmission
engineering and substation engineering, the acquisition of land rights, the economics associated with the
project and must also comply with safety and construction related regulatory requirements Ms Ruderman
added that they try to do their best to avoid existing and planned residential areas, schools, parks, recreation
areas and designated open space The original preferred alternative would run the transmission line along
_ Union Pacific right-of-way within the Town limits of Ault, Eaton and portions of Weld County However,
after much collaboration with Union Pacific, several key engineering and track safety issues related to
5
coloration were determined to be unresolvable Therefore, the Union Pacific Route was not selected and
the alternative route was selected as the proposed route
Ms Ruderman said that Public Service Company of Colorado submitted a 1041 Permit Application for this
project in late 2018 only to withdraw the application in the Summer of 2019 While this process included
public meetings, the feedback received led them to understand that the community was looking for
engagement that was more meaningful and transparent Ms Ruderman said that in October 2019 they
began a new siting and routing study process that was transparent and responsive to the entire community
She described the community outreach they had and what they did to be transparent in their study
Ms Ruderman said that since identifying the final proposed route they have been working with landowners
along the route to make adjustments and secure landowner agreements To date, 58% of the line has been
secured via options for easement agreements and if they were to include those who have expressed intent
to sign they are at 77 5% -
Ms Ruderman said that since the original application was withdrawn in 2019 her team has spent the two
years from then conducting a thorough and systematic siting study and engaging with the community in a
manner that allowed thoughtful and meaningful input Additionally, they entered into a waiver agreement
with Weld County staff to provide ample time to review this project and to push the hearing dates beyond
the 90 days required in the Code She added that without an upgrade to the current 44 kv system outage
events such that was experienced in Spring 2021 could continue and future opportunities for new business
growth will be muted Ms Ruderman said that the proposed route is the best alignment to achieve the
badly needed system update with minimal impacts to residences and agricultural production in the Eaton
area
Commissioner Ford asked if there is any special education for safety of people operating under this
transmission line Ms Ruderman said that they designed the line to offer ample clearance for any of the
normal farm equipment that would be operating under the transmission lines She added that it is safe to
operate under them, however, if they are uncomfortable they can call and a patrolman will be onsite with
them
Commissioner Ford referred to aerial spraying and asked how they need to operate Ms Ruderman said
that no portion of their route boxes in a parcel where someone wants to fly from east/west or north/south
Commissioner Wailes said it sounds like the applicant is working with some of the landowners to minimize
the impact on their property by placement of poles He asked if those negotiations are still in progress Ms
Ruderman said that there are some landowners who don't want to negotiate until after they have received
approval She added that they have preemptively avoided directly impacting pivot or flood irrigated or drip
systems by placing the poles on the far edges of the property
Commissioner Wailes asked if the two 44 kv transmission lines will be removed Ms Ruderman said it is
not going away in its entirety - Parker Wrozek, Xcel Energy Manager of Transmission Engineering, 1800
Larimer Street, Denver, stated that the 44 kv system loops around Greeley and the vast majority will get
removed, however, there is an industrial customer that is on 44 kv and will stay on 44 kv because of their
operations I -
Commissioner Wailes asked why the transmission line isn't put underground Mr Wrozek said that it is
significantly more costly and added that it is also difficult to run very long distances with high voltages
underground He added that more substations along the route will be needed due to impedances of
underground Ms Ruderman said that undergrounding was not approved by the Public Utility Commission
for this case
Commissioner Edens stated that she has been reading that the electrical grid is not able to handle the
electric cars if everyone had a plug in to charge their electric cars She asked if this will help take care of
that problem Ms Ruderman said that it isn't directly associated with building a more robust grid for the
electric vehicle movement, however, it will in general increase capacity for the Eaton area in Weld County
to provide for all kinds of extra electrical load She added that it is not associated with electric cars, but it
will have increased reliability for businesses and everything
N
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Henry Jameson, 334 Redwood Avenue, Eaton, stated that he lives in the Maplewood Estates Subdivision
and said that there is a need in their neighborhood In March of 2021, they lost power for four (4) days and
five freezers full of food Additionally, he has lost two computers, a TV and several other electronic items
Mr Jameson said that there are 800 homes going in directly behind him He said that they need to get this
upgrade done now
Ryan Fagerberg, 4240 Grand Park Drive, Timnath, stated that he submitted a letter in opposition
Commissioner Wailes referred to the letter regarding his recommendation of having the power come into
the Eaton substation on the east side and asked if he could talk about that concern Mr Fagerberg said
that would line up the most with future development He said that he disagrees that having the power line
along the Highway 85 corridor is in most compliance and support of future growth He said that the
applicants stated that they have made all efforts to minimize the impact to drip irrigation but he has tried to
explain how that system works where it is charged and full of water so the footer lines at the bottom of the
fields where these structures would be located would be disrupted in a manner that would not enable them
to irrigate probably 1/3 of that farm (approximately 60-70 acres) Mr Fagerberg said that they have reached
out to the Town of Eaton several times and they just seem to have no intentions to allow public comment
on this project and it is very concerning He added that there is the Cowboy Church in Lucerne is next to
this line
Greg Abel, 4832 Broadmoor Court, Ft Collins, stated that he is representing Northern Colorado Cowboy
Church He said that the applicant stated that these power lines are not located near 300 feet of any places
of worship However, the proposed line is still within 300 feet of their church He is also concerned as they
have a fence that surrounds their property and currently some playgrounds going in and several youth kids
that play on their property
Jeff Meadows, 292 Cardinal Court, Eaton, stated that he wants to reiterate Mr Jameson's comments
regarding the concern of the Maplewood Estates Subdivision He added that he has lived there for over
six years and has lost three refrigerators and three television sets Mr Meadows said that he understands
the farmers and the impact to their property, however, he is in support of this project
Gary Booth, 35768 CR 27, stated that his concern regarding 58% is not a high percentage and added that
until it reaches 90% it should not be considered
James Reeman, 35710 CR 39, stated that he lives directly across from the new school yard He said that
County Road 39 is a direct route for sand trucks going north He is concerned that all traffic will be going
down County Road 39 He added that he is in opposition to this project
Vince Harris, Baseline Corporation, stated that Baseline Corporation is in contract with the Town of Eaton
as the Town Planner Mr Harris stated that the Town of Eaton did send a letter last week from the Town
Administrator indicating that the Town has received an application from Xcel Energy for the transmission
line and added that it is currently going through their review and comment process Mr Harris said that it
is not yet scheduled for public hearings, but they will have public input It is currently in process with the
Town of Eaton and there will be public comments allowed
Warren Milne, 33998 CR 37, stated that he owns farm ground north of Lucerne where the proposed
transmission line is going through He said that Xcel Energy has said that they follow the edge of the field
to conveniently avoid most of the impact on farm ground, however, 95 feet out in the field is not the edge
of a field and it impacts them He added that the aerial sprayers can continue to spray the fields except for
that 90 or 150 feet which is no longer able to be sprayed by an aerial sprayer He added that equipment
now days is much bigger than it used to be and it creates an issue as well He does not disagree that the
power lines need to be upgraded but is not in favor of the route
Commissioner Wailes asked if there is anything that Xcel Energy could take into consideration to lessen
that impact, other than not doing the project Mr Milne said that if they wanted to put it on the edge of the
field that would be way better but their 95 feet off the edge is not the edge of the field He added that he
runs a lateral sprinkler and it will span most of it but not all of it, and with a sprinkler you need to make the
whole thing Mr Milne said that he believes what they are offering for compensation is sad
7
Commissioner Holland asked what economic impact to your property with this line Mr Milne said that
there will be labor intensive flood irrigation and can't have crop dusters so he will need equipment to get in
the field to spray
Mr Booth referred to the comments that running along the Union Pacific Railroad right-of-way wouldn't
work because of safety concerns and future development he would like to submit that the people in this
room have the same possibilities of future development too
Ms Ruderman said that the gap between the 58% and the 77% is covered by the City of Thornton and they
have been in active negotiations with them and have met all their terms and conditions so it is pending City
Council approval
Regarding Mr Fagerberg's comment, Mr Harris covered the public comment period that will be allowed in
the hearings for Eaton Ms Ruderman said that any damage to any drip irrigation system would be
temporary and they would pay crop loss and damages additionally for that period during construction They
also have an agricultural mitigation plan to help with any specific nuances on various parcels to help mitigate
any damages done
Regarding the church, the traditional siting study looks for church buildings, however, the church was a
commercial building that was converted to a restaurant and now a church and they apologize for not
recognizing it as a church and will be reaching out to them Ms Ruderman said that the line itself will not
impact the church directly, however, they will reach out to them to discuss where the line will be
As demonstrated by Mr Milne, impacts to property are unique and complicated and added that they are in
the middle of speaking with him She did clarify that their easements, even though they are 95 to 150 feet,
they do not impede on actual operations in that easement
Commissioner Ford asked how far the poles would be on Mr Milne's property Ms Ruderman said that
they are in the middle of negotiating with Mr Milne and haven't been able to make those adjustments to
make sure that we are where it works best for him and for their operations Mr Ford asked what the typical
number is from a road to a pole Ms Ruderman said that in very general terms, in a perfect straight line
there will be 75 feet and there will be a pole and then another 75 feet She added that the idea is to be on
the edge of his field to make sure that they are not impacting him
Commissioner Ford asked what the increase of power will be Mr Wrozek said that he doesn't know the
exact number but the 44 kv system is around 150 to 200 amps and the new 230 kv line will be rated at 1400
amps so it is a significant increase in power
Commissioner Edens didn't hear the applicant address the cemetery Ms Ruderman said that the cemetery
is within the Town of Eaton, so it is under their jurisdiction She added that there will be increased traffic
during construction but following construction it will be minimal
Commissioner Cope said that he understands there are different types of poles and arms and asked if there
is the potential of putting a pole cantilevered to one side as opposed to arms that are on both sides Ms
Ruderman replied yes and said that they are proposing that on portions of the line She added that it helps
them to be on the edge without physically being out on the highway
Commissioner Cope asked what would be the closest you could be to the road right-of-way with the center
of the pole to try to keep out of the field as much as you could Ms Ruderman said it depends on the pole
structure Mr Wrozek said that with no road going through the middle of the property with 150 road right-
of-way and the pole would be located on 75 feet either side and that allows them to maintain clearances of
swinging wire He said that they are trying to minimize impacts and come up with solutions Mr Cope
commented that that your edge of field is different than the farmer's edge of field
Commissioner Holland asked why we don't let Eaton finish their process before we make our decision
Mr Gathman said that Eaton is a different jurisdiction and we already have an agreed timeline for this
permit He added that it is kind of hard for us to put our process on hold so another jurisdiction can finish
their process first
8
Commissioner Edens asked which one is the cart and the horse She added that these people have to
have a place to go to start She said that Eaton has their own set of rules that they have to play by in order
to approve this in their jurisdiction She added that just because we approve it and Eaton doesn't approve
their route they have to go back to the drawing board
Commissioner Wailes asked the County Attorney if we have a statutory requirement to stay within the time
frame that the application was submitted Mr Choate said that is correct and you don't have the option to
continue this for any reason He added that you may approve or deny or approve with conditions Mr
Choate agreed with Mr Gathman and added that you make your decision based on the application in front
of you and the criteria from the County Code and not defer to another jurisdiction
Commissioner Palizzi asked if this project would alleviate the issues for the people in Maplewood Estates
Ms Ruderman replied yes and added that it will improve the situation in Maplewood estates
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement
Motion. Forward Case USR21-0018 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Butch White, Seconded by Michael Wailes
Commissioner Ford said that these farmers will get paid one time, but these farmers have to live on the
farm and make money off their crops year to year for as long as they live there He added that it is important
that this power line be placed so that farmers can utilize their land to make a living so he hopes that Public
Service will take this into account and realize that this is just not a one time payment for them It is actually
a yearly income that could be affected if not done correctly
Commissioner Cope agreed and added that as long as that stays a farm, that farmer will have to deal with
this and it does need to be evaluated and as much of the cantilever that makes sense to do should be done
Chair Cope called for the vote
Vote Motion carried by unanimous roll call vote (summary Yes = 7)
Yes Butch White, Lonnie Ford, Michael Palizzi, Michael Wailes, Pamela Edens, Skip Holland, Tom Cope
The Chair asked the public if there were other items of business that they would like to discuss No one
wished to speak
The Chair asked the Planning Commission members if there was any new business to discuss No one
wished to speak
Meeting adjourned at 3 50 pm
Respectfully submitted,
Kristine Ranslem
Secretary
ATTENDANCE RECORD
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