HomeMy WebLinkAbout20220068.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR21-0018, FOR A 1041 MAJOR FACILITY OF A PUBLIC UTILITY
(ELECTRIC TRANSMISSION LINE EXTENDING A TOTAL OF 16 MILES IN 3 [THREE]
SEGMENTS: 1) AN OVERHEAD 230 KV DOUBLE -CIRCUIT TRANSMISSION LINE
EXTENDING BETWEEN THE WESTERN AREA POWER ADMINISTRATION [WAPA]
AULT SUBSTATION AND THE PLANNED PUBLIC SERVICE OF COLORADO HUSKY
SUBSTATION [LOCATED IN THE TOWN OF AULT], 2) AN OVERHEAD 115/230 KV
DOUBLE -CIRCUIT TRANSMISSION LINE EXTENDING FROM THE COLORADO
HUSKY SUBSTATION TO THE PROPOSED COLLINS STREET SUBSTATION SITE
[IN THE TOWN OF EATON], 3) AN OVERHEAD 115/230 KV DOUBLE -CIRCUIT
TRANSMISSION LINE EXTENDING FROM THE COLLINS STREET SUBSTATION TO
THE EXISTING CLOVERLY TAP POINT) IN THE A (AGRICULTURAL) ZONE
DISTRICT - PUBLIC SERVICE COMPANY OF COLORADO, AN XCEL ENERGY
COMPANY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 5th day of
January, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Public Service Company of Colorado, an Xcel Energy Company, 1800 Larimer
Street, Suite 400, Denver, Colorado 80202, for a Site Specific Development Plan and Use by
Special Review Permit, USR21-0018, for a 1041 Major Facility of a Public Utility (Electric
Transmission line extending a total of 16 miles in 3 [three] segments: 1) An overhead 230 kV
double -circuit transmission line extending between the Western Area Power Administration
[WAPA] Ault Substation and the planned Public Service of Colorado Husky Substation [located in
the Town of Ault], 2) An overhead 115/230 kV double -circuit transmission line extending from the
Colorado Husky Substation to the proposed Collins Street Substation site [in the Town of Eaton],
3) An overhead 115/230 kV double -circuit transmission line extending from the Collins Street
Substation to the existing Cloverly Tap Point) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
The transmission line is to be located in Sections 1,
2, 3, 4, 5, 6, 10, 12, 13, 24, 25, and 36, Township 7
North, Range 66 West; Sections 7 and 31, Township
7 North, Range 65 West; and Sections 7, 18, 19, 20,
28 and 29, Township 6 North, Range 65 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Chapter 21 of the Weld County Code provides standards for review of said
Use by Special Review Permit, and
CC.: PLCG&/ OA/TP), H( LL'), CACE,PJKM), 2022-0068
APPL PI -' PL2623
O3logl as
SPECIAL REVIEW PERMIT (USR21-0018) - PUBLIC SERVICE COMPANY OF COLORADO,
AN XCEL ENERGY COMPANY
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WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of Chapter 21
of the Weld County Code
2. It is the opinion of the Board that the applicant has shown compliance with Section 21-3-
340.A of the Weld County Code, as follows:
A. Section 21-3-340.A.1 states: "The health, welfare and safety of the citizens of the
County will be protected and served." The application indicates that the proposed
Public Service of Colorado (PSCO) transmission system will replace portions of
the existing 44 kV transmission network that no longer meets the electric demands
of the Public Service Company of Colorado (PSCO) customers in Weld County.
The proposed transmission lines (along with the proposed substations in Ault and
Eaton) are needed to increase the electric system capacity and electric service
reliability and safety in northern Colorado. The Design Standards
(Section 23-2-240), Operation Standards (Section 23-2-250), Conditions of
Approval and Development Standards ensure that there are adequate provisions
for the protection of the health, safety and welfare of the inhabitants of the
neighborhood and County.
B. Section 21-3-340.A.2 states: "The natural and socio-economic environment of the
County will be protected and enhanced." The proposed transmission line crosses
the floodplain in three (3) locations in unincorporated Weld County. The applicant
indicates that all surface and groundwater resources to be crossed by the
transmission line will be spanned. The application has provided avoidance and
mitigation measures to protect wildlife species and habitats. The application
indicates on January 26, 2021, United States Fish and Wildlife (USFW) sent a
letter concurring with PSCO findings that there will be no significant impacts on
state protected species. Additionally, on February 18, 2021, Colorado Parks and
Wildlife (CPW) sent a letter responding that the project presents no significant
concerns for wildlife in the project study area. The applicant conducted a
transmission and substation routing and siting study and determined a preferred
route location that reduces impacts to existing cropland and irrigated cropland
structures, as much as possible, while avoiding existing residences and oil and
gas facilities to the extent practicable.
There are no significant, prevalent natural hazards in the area that will affect, or be
affected by, the project. Historically the area has been dominated by agricultural
uses, residential development and oil and gas activities.
The communities nearest to the Project area are Ault, Eaton, Windsor and
Severance. The proposed transmission line will result in more reliable power and
greater power generation capacity for the region and for agricultural, residential,
commercial, and industrial uses. It is anticipated the Project would have a
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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).
C. Section 21-3-340.A.3 — All reasonable alternatives to the proposed action,
including use of existing rights -of -way and joint use of rights -of -way wherever uses
are compatible, have been adequately assessed and the proposed action is
compatible with and represents the best interests of the people of the County and
represents a fair and reasonable utilization of resources in the impact area. PSCO
utilized a comprehensive evaluation process for identifying and analyzing the
proposed transmission line route. The evaluation process included five steps:
1) collecting land use and environmental resource data; 2) identifying opportunities
and constraints to routing and siting the Project's facilities; 3) identifying a network
of transmission line route alternatives and potential substation sites; 4) comparing
and screening route alternatives; and 5) identifying the Proposed Route and
Proposed Site for permitting with local jurisdictions.
PSCO has prepared a Siting Study which resulted in an analysis of approximately
133 miles of transmission line route alternatives based on several evaluation
factors including: impacts on center pivot, flood, and drip irrigation systems; oil and
gas facilities; electrical system planning; economics; the natural, cultural, and
visual environment; public input from the community; regulatory requirements; land
use and property ownership concerns and engineering criteria.
The siting study included three steps (levels) — Level 1 screening, which compared
47 route alternatives at a local level; Level 2 screening combined the higher
scoring/better performing route alternatives into 18 alternatives on a sub -regional
basis (substation to substation that were compared to each other; and Level 3
screening combined the better route alternatives from the Level 2 screening
process into 16 final route alternatives, along with substation sites to determine a
proposed route and proposed substation site(s). The study area was divided into
two sections: (North) between the planned Husky substation (in Ault) and the
proposed Eaton -area substation (in Eaton); and (South) between the proposed
Eaton -area substation and the existing Cloverly Substation.
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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:
1) The route extends the longest distance between the Husky substation and the
Town of Eaton (the north route) and crosses the greatest number of parcels of all
of the Level 3 alternatives.
2) The north route was tied with two (2) other routes for containing the most
residences within 100 feet of the proposed transmission line, and containing the
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second highest number of residences within 300 feet of the transmission line route
of the alternatives compared.
3) The proposed route crosses the second -longest distance of agricultural lands.
Public comments received during Public Open House #3 opposed this route along
County Road 41 and County Road 84. A methane line and gas pads are proposed
along County Road 41.
In June 2020, the North Route G and South Route G were identified as the best
performing and most compatible route through the siting study and community
engagement process. This route was primarily located within the Union
Pacific (UP) Railroad RO\N through the Town of Eaton and Town of Ault. This was
identified as the preferred route pending approval of co -location by the Union
Pacific (UP) Railroad.
The applicant submitted a permit application to the UP Railroad for review in
August 2020. The applicant and UP collaborated and held multiple meetings to
review technical aspects of the route along with UP's operational requirements and
plans for possible future track expansions. A number of key engineering and track
safety concerns were identified, and it was ultimately determined that these were
unresolvable and the co -locating segments of the transmission line in UP ROW
were not a feasible or safe option.
After this conclusion, PSCO selected an Alternative Route consisting of a hybrid
route (North C, North D, South B, South F and South 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.
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Maximizes the use of existing access and minimizes new access road
construction.
Facilitates efficient and cost-effective transmission line construction.
Also, during the siting study, PSCO implemented a community outreach and
engagement program to share information about the proposal and solicit feedback.
PSCO established a Community Working Group (CWG) consisting of 13 local
citizens to provide feedback during the siting study process. Five (5) meetings with
the CWG were held during the milestones process with an open house being held
approximately two (2) weeks after each CWG meeting. The open houses were
conducted to provide project updates to the public and to solicit the public's
questions and. concerns. PSCO maintained a list of 7,100 names and addresses
for sending project updates. More than 331 citizens attended the public open
houses and provided approximately 280 comments. The citizen's comments were
considered in the siting study. 14 miles (or approximately 88% of the transmission
line route) are located along field edges and existing road rights -of -way (ROWs).
D. Section 21-3-340.A.4 — A satisfactory program to mitigate and minimize adverse
impacts has been presented. The applicant developed criteria to evaluate impacts
upon existing land uses and natural resources. The applicant has proposed
Environmental Protection Measures and an Agricultural Impact Mitigation Plan that
outline several measures to address and mitigate impacts during and after
construction of transmission line facility.
The proposed transmission line crosses the floodplain in three (3) locations in
unincorporated Weld County. The applicant indicates that all surface and
groundwater resources to be crossed by the transmission line will be spanned. The
application has provided avoidance and mitigation measures to protect wildlife
species and habitats. The application indicates on January 26, 2021, United States
Fish and Wildlife (USFW) sent a letter concurring with PSCO findings that there
will be no significant impacts on state protected species. Additionally, on
February 18, 2021, Colorado Parks and Wildlife (CPW) sent a letter that indicated
the project presents no significant concerns for wildlife in the project study area.
Prior to construction, PSCO will conduct surveys for migratory birds and Western
Burrowing Owls (in prairie dog colonies in the vicinity of the transmission lines and
substation). If any nests for migratory birds or any listed species are found,
appropriate construction timing limitations will be enforced, as feasible, according
to CPW recommendations. Where timing limitations or setbacks cannot be applied,
due to timing constraints, other alternative mitigation measures would be
considered and vetted with CPW. If any federally listed species are found, PCSO
will consult with the USFW regarding avoidance and mitigation.
To preclude avian electrocutions and minimize collision risk, PSCO would
incorporate Avian Protection Plan (APP) standard development by the Avian
Power Line Interaction Committee (APLIC 2006) and USFW to protect birds on
power lines, as well as NESC-specified electric conductor clearances.
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Project impacts to wildlife are expected to be minimal and limited to temporary
disturbance from construction activities. As part of the project, PSCP will conduct
a Class I archaeological database search of the project area, as well as Class III
pedestrian survey on properties where survey permission has been granted and
where significant disturbance has previously not occurred. Any sites to be eligible
for listing on the National Heritage Research Partnership (NRHP) will be spanned
and avoided by the Project. There are no areas of geologic importance in the
vicinity of the project.
The applicant conducted a transmission and substation routing and siting study
and determined a preferred route location that reduces impacts to existing
cropland and irrigated cropland structures, as much as possible, while avoiding
existing residences and oil and gas facilities to the extent practicable.
E. Section 21-3-340;A.5 — The nature and location, or expansion of the facility
complies with all applicable provisions of the master plan of this County, and other
applicable regional, metropolitan, state, and national plans.
1) Section 22-2-10.C — "Promoting Economic Growth and Stability" is one of
the Guiding Principles of the Weld County Comprehensive Plan. The
proposed transmission line will increase electric grid capacity and reliability
in this region. This will assist with future economic growth and stability in
the region.
2) Section 22-2-30 states: "Commit to the economic future of agriculture." A
more reliable power source will assist existing and future agricultural uses
in this region.
3) Section 22-2-60.B.2 states: "Ensure that infrastructure, such as adequate
roads and utilities, exists or can be made available prior to development of
energy and mineral resource production facilities. " The proposed
transmission line will result of in a more reliable power source for future
energy and mineral resource facilities. The two (2) proposed substations
are to be in the Town of Ault and Town of Eaton. No referral response has
been received from either the Town of Ault or Town of Eaton. The Town of
Pierce stated no conflicts with their interests in their referral response dated
September 28, 2021, and the City of Greeley stated no conflicts with their
interests in their referral response dated September 30, 2021.
F. Section 21-3-340.A.6 — The nature and location or expansion of the facility does
not unduly or unreasonably impact existing community services. The proposed
transmission line will not unduly or unreasonably impact community services. The
application states careful site planning can be developed with only a localized loss
of agricultural land quality. Ground disturbance for the transmission line is
generally limited to the area immediately around the base of each pole.
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The Project would generate infrequent trips to the transmission line and
substations during operation; the line would be inspected annually and
occasionally for maintenance.
No adverse effects on county roads are anticipated. PSCO will work with the Weld
County Department of Public Works to determine the appropriate access to the
construction area. All mobile construction equipment would be certified to operate
on Interstate highways. There may be short periods of time when traffic would be
halted on County roads toallow construction vehicles to enter and exit the
construction area. No improvements to Weld County roads will be required.
Given the relatively short construction schedule, the site will not generate
significant demands on community services, such as the school district.
The Weld County Office of Emergency Management had no additional
requirements for the project. No referral responses have been received from either
the Ault or Eaton Fire Protection District regarding this project.
G. Section 21-3-340.A.7 — The nature and location or expansion of the facility will not
create an expansion of the demand for government services beyond the
reasonable capacity of the community or region to provide such services, as
determined by the Board of County Commissioners.
The proposed USR is meant to upgrade an outdated and unreliable electrical
transmission system with a newer system better capable to handle the existing
electrical load and future growth in the region.
The Project area is located within District 1, of the Weld County Sheriff's Office and
is within the jurisdiction .of the Ault and Eaton Fire Protection Districts. Public roads
are maintained by the Weld County Department of Public Works and the respective
municipalities. The nearest hospital to the Project is in the City of Greeley. None
of these services are expected to be affected unless emergency situations occur.
There are no adverse socioeconomic impacts associated with the Project. The
Project would not cause any residents or businesses to be displaced. The Project
would generate additional tax revenue for the Towns of Ault and Eaton and Weld
County.
H. Section 21-3-340.A.8 — The facility site or expansion area is not in an area with
general meteorological and climatological conditions which would unreasonably
interfere with, or obstruct, normal operations and maintenance.
The proposed powerline is proposed to replace an existing aging power
infrastructure in the same area. The general meteorological and climatological
conditions are consistent with this area of Northern Colorado and will not
unreasonably interfere with, or obstruct, normal operations and maintenance.
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Section 21-3-340.A.9 — The nature and location of the facility or expansion will not
adversely affect the water. rights of any upstream, downstream, or agricultural
users, adjacent communities, or other water users.
No long-term use of water will be required, and no water rights will be impacted for
the on -going operation of the transmission line. The application indicates that water
utilized during construction of the project (for foundations and dust control) will be
brought in from off -site sources (from a private well owned by a construction water
company or by municipality).
The applicant states the project will not impact hydrologic flow of either surface
water or groundwater, nor will it affect groundwater recharge. Existing drainage
patterns will be preserved. Permanent facilities would not be located in stream
channels, and appropriately sized culverts will be installed to maintain channel flow
and morphology. The Project will have no impact on vested water rights.
Construction water and water to suppress dust during construction activities would
be trucked into the site.
Section 21•-3-340.A. 10 — Adequate water supplies are available for facility needs.
The transmission line facilities are unmanned. Bottled water and screened portable
toilets will be provided during construction.
K. Section 21-3-340.A.11 — The nature and location of the facility or expansion will
not unduly interfere with existing easements, rights -of -way, other utilities, canals,
mineral claims, or roads.
The transmission line is in proximity to and/or will be crossing several ditches. A
joint referral response was received on behalf of the following ditch companies:
Water Supply and. Storage Company, Pierce Lateral. Ditch Company, Mead Lateral
Company, and New Cache La Poudre Irrigating Company. The referral indicated
crossing agreements will be required and that all towers and other equipment be
installed outside of ditch easements and rights -of -way. A referral was also received
on behalf of the Larimer and Weld Irrigation Company (LWIC). LWIC had
comments including that a crossing agreement with LWIC will be required prior to
installation and construction of transmission lines and that towers and other
equipment must be located and installed out of ditch easement areas. A Condition
of Approval is attached requiring an agreement or other acceptable form of
authorization if any transmission structure and/or construction easements
encroach into ditch rights -of -way or easements.
L. Section 21-3-340.A.12 — Adequate electric, gas, telephone, water, sewage, and
other utilities exist or shall be developed to- service the site. This is an unmanned
facility which requires no service from additional utilities.
M. Section 21-3-340.A.13 — The nature and location for expansion of the facility will
not unduly interfere with any significant wildlife habitat or adversely affect any
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endangered wildlife species, unique natural resource,or historic landmark within
the impact area.
The application has provided avoidance and mitigation measures to protect wildlife
species and habitats. The application indicates on January 26, 2021, United States
Fish and Wildlife (USFW) sent a letter concurring with PSCO findings that there
will be no significant impacts on state protected species. Additionally, on February
18, 2021, Colorado Parks and Wildlife (CPW) sent a letter indicating that the
project presents no significant concerns for wildlife in the project study area.
Colorado Parks and Wildlife, irs' their e-mail referral response dated October 25,
2021, stated that they find no conflicts with their interests.
The application indicates that they conducted a search of records in the Colorado
State Historic Preservation Office (SPHO). The search identified 240 cultural
resources. in the Project Study Area. 38 sites are significant and have been either
listed in the National Register of Historic Places (NRHP). Of these sites, four (4)
are listed in the NRHP and three. (3) are listed in the Colorado State Register of
Historic Places. The proposed route does not cross any of these seven (7) sites.
N. Section 21-3-340.A.14 — The nature and location or expansion of the facility,
including expected growth and development related to the operation and provision
of service, will not significantly deteriorate water or air quality in the impact area.
Prior to construction, if required, a Storm Water Permit for Construction Activities
(SWMP) permit will be obtained from the Colorado Department of Public Health
and Environment (CDPHE) and Best Management Practices (BMPs) to minimize
impacts to surface and groundwater will be utilized. For example, movement of
construction vehicles and equipment to right-of-way and approved haul routes. Air
pollutants generated are anticipated, to be short-term and minimized by the small
scale of the construction (excavating foundations for the substation and
transmission structures). Air pollutants would be minimized through dust
suppression measures and proper maintenance of construction vehicles.
O. Section 21-3-340.A.15 — The geological and topographic features of the site are
adequate for all construction, clearing, grading, drainage, vegetation and other
needs of the facility construction or expansion.
The proposed facility is not located within a geologic hazard area. The
transmission structures will be designed to accommodate the geotechnical and soil
conditions in the area.
P. Section 21-3-340.A.16— The existing water quality of affected state waters will not
be degraded below state.and federal standards or established baseline levels.
The applicant will submit a SWMP plan, if required, for the proposed facilities.
BMPs will be implemented to prevent contaminants from construction activities
(including spillage of solid matter, containment debris and other pollution) from
flowing into water courses (wet and dry) and underground water sources. Water
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and eroded materials from construction activities shall be prevented from entering
streams or watercourses by constructing intercepting ditches, barriers, bypass
channels, barriers, settling ponds or other acceptable methods.
There would be no direct impacts to water quality associated with regular operation
or maintenance of the transmission lines and substations. Drainage from the
substations would be directed towards detention pond(s) located on the substation
properties. Prior to construction, a Storm Water Permit for Construction Activities
would be required from the Colorado Department of Public Health and
Environment (CDPHE), where required.
Q. Section 21-3-340.A.17 — The proposed project will not have a significantly adverse
net effect on the capacities or functioning of streams, 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.
R. Section 21 -3 -340.A.18 —The benefits of the proposed developments outweigh the
losses of any natural resources or reduction of productivity of agricultural lands as
a result of the proposed development.
The application has provided avoidance and mitigation measures to protect wildlife
species and habitats. Colorado Parks and Wildlife, in their e-mail referral response
dated October 25, 2021, stated they find no conflicts with their interests. The
proposed siting study scored/rated transmission line routes that had more minimal
impact on agricultural land, pivots. The applicant has taken steps to minimize
impacts to the productivity of agricultural land by locating the transmission lines
along field edges and not bisecting irrigated farmland.
The proposed Public Service of Colorado (PSCO) transmission system will replace
portions of the existing 44kV transmission network that no longer meets the electric
demands -of PSCO customers in Weld County. The proposed transmission lines
(along with the: proposed substations in Ault and Eaton) are needed to increase
the electric system capacity 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.
S. Section 21-3-340.A.19 — The applicant has obtained or will obtain all property
rights, permits and approvals necessary for the proposed project, including
surface, mineral and water rights and easements for drainage, disposal, utilities,
access, etc. If the applicant has not obtained all necessary property rights, permits
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and approvals, the Board may, at its discretion, grant the permit conditioned upon
completion of the acquisition of such rights prior to issuance of a zoning or building
permit by the County. Transmission line crossing agreements and ditch crossing
agreements (if applicable) are required as a Condition of Approval for this case.
T. Section 21-3-340.A.20 — The proposed project (nonlinear facilities) will not present
an unreasonable risk of exposure to, or release of, toxic or hazardous substances
within the impact area. The determination of effects of the project shall include the
following considerations:
• The means by which outdoor storage facilities for fuel, raw materials, equipment,
and related items are adequately enclosed by a fence or wall.
The likelihood of hazardous materials or wastes being moved off the site by natural
causes or forces.
• Containment of inflammable or explosive liquids, solids, or gases.
This criterion is not applicable to the transmission line as it is a linear facility. The
transmission does not include the storage of toxic or hazardous substances.
U. Section 21-3-340.A.21 — The scope and nature of the proposed project will not
unnecessarily duplicate existing services within the County. The proposed
transmission line will not duplicate existing services in the county. The applicant
proposes to replace an aging, unreliable electric transmission system with a newer
system more able to cope with existing demand and handle future growth.
V. Section 21-3-340.A.22 — If the purpose and need for the proposed project are to
meet the needs of an increasing population within the County, the area and
community development plans and population trends demonstrate clearly a need
for such development.
The proposed USR will upgrade the existing electrical transmission system in the
region that dates to the early 1900's. The region has experienced considerable
population growth since the transmission line was originally built. The application
indicates that Public Service has, and will continue to have, safety and reliability
issues with the existing 44kV transmission system resulting in power interruptions
and reduced reliability. PSCO system outage data from 2015 to 2019 indicates
296 outages occurred affecting approximately 255,790 customers. Additionally,
between January 2019, and September 2019, 53 outages occurred ranging in
duration from less than 30 seconds up to five (5) hours. The reasons for the
outages varied and included weather events and infrastructure failure.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Public Service Company of Colorado, an Xcel Energy
Company, fora Site Specific Development Plan and Use by Special Review Permit, USR21-0018,
for a 1041 Major Facility of a Public Utility (Electric Transmission line extending a total of 16 miles
in 3 [three] segments: 1) An overhead 230 kV double -circuit transmission line extending between
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SPECIAL REVIEW PERMIT (USR21-0018) — PUBLIC SERVICE COMPANY OF COLORADO,
AN XCEL ENERGY COMPANY
PAGE 13
the Western Area Power Administration [WAPA] Ault Substation and the planned Public Service
of Colorado Husky Substation [located in the Town of Ault], 2) An overhead 115/230 kV
double -circuit transmission line extending from the Colorado Husky Substation to the proposed
Collins Street Substation site [in the Town of Eaton], 3) An overhead 115/230 kV double -circuit
transmission line extending from the Collins Street Substation to the existing Cloverly Tap Point)
in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is,
granted subject to the following conditions:
Prior to recording the map:
A. A Road Maintenance Agreement is required for construction only. Road
maintenance includes, but is not limited to, .dust control and damage repair
to specified haul routes.
2. The map shall be amended to delineate the following:
A. All sheets. of the map shall be labeled USR21-0018.
B. The map shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
C. The attached Development Standards.
D. Show the floodplain and floodway (if applicable) boundaries on the map.
Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map
panel Number or appropriate study.
E. The final location of the permanent 100 to 150 -foot transmission line
easement with dimension of permanent right-of-way, property ownership,
parcel number, all easements of record, and all physical encumbrances.
F. County Roads 29 and 66 are paved roads and are designated on the Weld
County Functional Classification Map as arterial roads which require
140 feet of right-of-way at full buildout. The applicant shall delineate and
label the future and existing rights -of -way (along with the documents
creating the existing right-of-way) and the physical location of both roads.
All setbacks are measured from the edge of the right-of-way. These roads
are maintained by Weld County.
G. County Roads 31, 35, 78, 80, and 84 (west of CR 33 and east of
U.S. Highway 85) are gravel roads and are designated on the Weld County
Functional Classification Map as local roads which require 60 feet of
right-of-way. The applicant shall delineate and label the existing
rights -of -way (along with the creating documents) and the physical location
of the roads. All setbacks are measured from the edge of right-of-way.
These roads are maintained by Weld County.
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SPECIAL REVIEW PERMIT (USR21-0018) - PUBLIC SERVICE, ;COMPANY OF COLORADO,
AN XCEL ENERGY COMPANY.
PAGE 14
H. County Roads 37 (at all four crossing locations), 41, 70, 76, 84 (east of
Highway 85), and East 5th Street are paved roads and are designated on
the Weld County Functional Classification Map as local roads which require
60 feet of right-of-way. The applicant shall delineate and label the existing
rights -of -way (along with the creating documents) and the physical location
of the roads. All setbacks are measured from the edge of right-of-way.
These roads are maintained by Weld County.
This portion of County Road 33 is under the jurisdiction of the Town of Ault.
Please contact the municipality to verify the right-of-way. Show and label
the right-of-way. Show the approved access(es) and label with the
approved access permit number, if applicable.
East Collins Street and Industrial Drive are under the jurisdiction of the
Town of Eaton. Please contact the municipality to verify the rights -of -way.
Show and label the rights -of -way. Show the approved accesses and label
with the access permit number, if applicable.
K. Show and label all approved access locations, approved access widths and
the appropriate turning radii (65'). Prior to construction, the applicant must
obtain a Weld County access permit for all accesses located on Weld
County maintained roadways.
L. Show the approved Colorado Department of Transportation (CDOT)
accesses and label with the approved access permit number, if applicable.
M. Show and label the approved tracking control devices for all Weld County
maintained roadway access locations.
N. Show and .label any entrance gate associated with an access onto a County
maintained roadway. Gates shall be located so that the longest vehicle
(including trailers) using the access can completely clear the traveled way
when the gate is closed. In no event shall the distance from the gate to the
edge of the traveled surface be less than 35 feet.
3. Prior to construction:
A. A Flood Hazard Development Permit is required for all development in the
100 -year floodplain.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
must be obtained.
C. The applicant shall submit a copy of any recorded agreement or
memoranda of agreement signed by each owner of property crossed by an
access (for ingress, egress, utilities, etc.) used for this project. Any such
agreement shall be referenced on the USR map by the Weld County Clerk
and Recorder's reception number.
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D. A copy of any signed and recorded (construction and post -construction)
easement agreements (or other acceptable authorization from property
owners) shall be submitted to the Department of Planning Services.
E. A copy of any signed and recorded ditch crossing agreements (or other
legally required authorization) from ditch rights -of -way encroached upon by
the transmission line towers or construction easements shall be provided
to the Department of Planning Services.
4. Prior to On -Site Construction:
A. The approved access and tracking control shall be constructed/installed.
5. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be
reviewed on an. annual basis by the Facility operator, the Fire District, and
the Weld County Office- of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services.
6. The applicant shall submit one (1) electronic (.pdf) copy of the map for preliminary
approval to the Weld County Department of Planning Services.
7. Upon completion of Conditions of Approval # 1 and #2 above, the applicant shall
submit a Mylar map along with all other documentation required as Conditions of
Approval. The Mylar map shall be recorded in the office of the Weld County Clerk
and Recorder by the Department of Planning Services. The map shall be prepared
in accordance with the requirements of Section 23-2-390 of the Weld County Code.
The Mylar map and additional requirements shall be submitted within 180 days
from the date of the Board of County Commissioners Resolution. The applicant
shall be responsible for paying the recording fee.
8. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required 180 days from the date
of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
9. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any building
or electrical permits be issued on the property, until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of January, A.D., 2022.
ATTEST:
Weld County Clerk to the Boa
BY: \JU I I Vl • IL.
Deputy Clerk to the
APP ED AS- M: �I�_r
ounty A orney
Date of signature: 1zlizz,
BOARD OF COUNTY COMMISSIONERS
WE D COU TY, COLORADO
(Yay)
Scott K. James, Chair
RECUSED
an, Pro-
erry L.
Na
(Yay)
Steve Moreno
(Yay)
Lori Saine
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PUBLIC SERVICE COMPANY OF COLORADO, AN XCEL ENERGY COMPANY.
USR21-0018
The Site Specific Development Plan and Use by Special Review Permit, USR21-0018, for
a 1041 Major Facility of a Public Utility (Electric Transmission line extending a total of 16
miles in 3 [three] segments: 1) An overhead 230 kV double -circuit transmission line
extending between the Western Area Power Administration [WAPA] Ault Substation and
the planned Public Service of Colorado Husky Substation [located in the Town of Ault], 2)
An overhead 115/230 kV double -circuit transmission line extending from the Colorado
Husky Substation to the proposed Collins Street Substation site [in the Town of Eaton], 3)
An overhead 115/230 kV double -circuit transmission line extending from the Collins Street
Substation to the existing Cloverly Tap Point) in the A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety . Plan on or before March 15th of any given year signed by
representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services.
4. The applicant shall be responsible for controlling noxious weeds on the various project
sites, pursuant to Chapter 15, Article I and II, of the Weld County Code.
5. All accesses onto County maintained roadways shall be maintained to mitigate any
impacts to the road, including damages and/or off -site tracking.
6. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
7. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way Use Permit prior to commencement.
8. The applicant shall comply with all requirements provided in the executed Road
Maintenance Agreement.
9. The historical flow patterns and runoff amounts on the various project sites will be
maintained.
10. Weld County is not responsible for the maintenance of on -site drainage related features.
11. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
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COLORADO, AN XCEL ENERGY COMPANY
PAGE 2
12. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
13. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The facility shall operate in accordance with Chapter 14, Article I of the Weld
County Code.
14. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the transmission line and until ground cover is established. Uses on the
substation property shall comply with the Colorado Air Quality Commission's air quality
regulations.
15. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the. Air Pollution Control Division of the
Colorado Department of Public Health and Environment, as .applicable.
16. During construction, adequate toilet facilities and handwashing units shall be provided.
Portable toilets are acceptable. Portable toilets shall be serviced by a cleaner licensed in
Weld County, contain hand sanitizers and shall be removed upon completion of
construction.
17. Environmental Protection Measures for Construction Projects, as identified in the
application, shall be adhered to.
18. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
19. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map. Any development shall comply with all
applicable Weld County requirements, Colorado Water Conservation Board requirements
as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA
definition of development is any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials.
20. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
21. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County -wide Road Impact Fee Program.
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DEVELOPMENT STANDARDS (USR21-0018) — PUBLIC. , SERVICE COMPANY OF
COLORADO, AN XCEL ENERGY COMPANY
PAGE 3
22. Building Permits issued on the proposed. lots, will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
23. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
25. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
26. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing _ standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
27. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
28. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the, citizens of the populous counties of the state, Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
29. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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