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Home My WebLink About20220070.tiffLAND USE APPLICATION SUMMARY SHEET Planner: Chris Gathman Case Number: USR21-0018 Hearing Date: December 7, 2021 Applicant: Public Service Company of Colorado, c/o Pamela J. Rasmussen Address: 1800 Larimer Street, Suite 400, Denver, Colorado 80202 Request: A Site -Specific Development Plan 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 1: 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. Legal Description: Transmission line 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; Sections 7, 18, 19, 20, 28 and 29 T6N R65W, of the 61h P.M., Weld County, Colorado Location: The proposed Transmission line runs from the WAPA Ault Substation generally located south of County Road 86, west of County Road 41, North of County Road and east of County Road 25 to the proposed Husky Substation (within the Town Limits of Ault). Transmission line then continues east along County Road 84 to County Road 37. Transmission line then runs south to County Road 82 and then proceeds southwest to the west side of US Highway 85. The transmission line runs to County Road 76 and then running east and then south to the Municipal Limits of Eaton. The transmission line exits Town of Eaton municipal limits and continues starting at County Road 72 and proceeds generally south along US Highway 85 before turning east to the Cloverly Tap Point located to the east of County Road 41 and south of County Road 66. Parcel Numbers: Multiple Size of Parcel: Transmission lines cross multiple parcels. Total length of transmission line (16 miles in Weld County). Transmission line right-of-way is generally 150 -feet wide (75 -feet from either side of centerline). USR21-0018-Northern Colorado Area PI an: Transmission Iine prof ect Page 1 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit are listed in Chapter 21 of the Weld County Code. The Department of Planning Services' staff has received responses with comments from the following agencies: • Weld County Development Review, referral dated October 11, 2021 Colorado Department of Transportation, referral dated September 29, 2021 Weld County Department of Public Health and Environment, referral dated September 29, 2021 New Cache La Poudre Irrigating Company, referral dated October 5, 2021 City of Greeley, referral response dated September 30, 2021 The Water Supply and Storage Company, referral dated September 24, 2021 • Weld County Oil and Gas Energy Department, referral dated September 20, 2021 • Weld County Planning Department —Floodplain Management, referral dated October4, 2021 • Larimer & Weld Irrigation Company, referral dated October 15, 2021 • Water Supply and Storage Company, Pierce Lateral Ditch Company, Mead Lateral Company, Cross Cut Lateral Company & New Cache La Poudre Irrigation Company, referral letter, referral letter prepared by Fischer, Brown, Bartlett, Larsen & Irby P.C. (on behalf of the above ditch companies) dated October 14, 2021 The Department of Planning Services' staff has received responses without comments from the following agencies: • Weld County Zoning Compliance, referral dated September 22, 2021 • Town of Pierce, referral dated September 28, 2021 • Weld County RE -2 School District, referral dated September 28, 2021 • Weld County Office of Emergency Management, referral dated September 22, 2021 • Weld County Sheriff's Office, referral dated October 15, 2021 • Colorado Parks and Wildlife, referral dated October 25, 2021 The Department of Planning Services'staff has not received responses from thefollowing agencies: • Banner Health Ambulance Services • Weld County Department of Public Works — MS4 • Weld County Public Safety Wireless Communications Manager • Federal Communications Commission • Federal Aviation Administration • United States Army Corps of Engineers • Western Area Power Administration (WAPA) • Town of Ault • Town of Eaton • Ault Fire Protection District • Eaton Fire Protection District • Weld County School District RE -6 • Weld County School District RE -9 • North Weld County Water District • Atmos Energy, Inc. • Bayswater Exploration & Production, LLC USR21-0018-Northem Colorado Area PI an: Transmission Iine prof ect Page 2 • Century Link • DCP Midstream, LP • Extraction Oil & Gas, Inc. • Great Western Oil and Gas LLC • Grizzly Operating, LLC • Noble Energy, Inc. • Nunn Telephone Company • PDC Energy, Inc. • Platte River Midstream, LLC • Schneider Oil and Gas • TDS Telecom • US Sprint Corporation • XCEL Energy, Inc. • Zayo Group Holdings, Inc Union Pacific Railroad • West Greeley Conservation District • History Colorado Narrative: The applicant is proposing a Site -Specific Development Plan and Use by Special Review Permit for 1041 Major Facilities of a Public Utility (proposed Electric Transmission line extending a total of sixteen (16) miles in 3 (three) segments: 1) An overhead 230 kV double -circuit transmission line extending between the Western Area Power Administration (WAPA) Ault Substation and the planned Public Service of Colorado Husky Substation (located in the Town of Ault). 2) An overhead 115/230 kV double -circuit transmission line extending from the Colorado Husky Substation to the proposed Collins Street substation site (in the Town of Eaton). 3) An overhead 115/230 kV double -circuit transmission line extending from the Collins Street Substation to the existing Cloverly Tap Point. The proposed Transmission line runs from the WAPA Ault Substation generally located south of County Road 86, west of County Road 41, North of County Road and east of County Road 25 to the proposed Husky Substation (within the Town Limits of Ault). Transmission line then continues east along County Road 84 to County Road 37. Transmission line then runs south to County Road 82 and then proceeds southwest to the west side of US Highway 85. The transmission line runs to County Road 76 and then running east and then south to the Municipal Limits of Eaton. The transmission line exits Town of Eaton municipal limits and continues starting at County Road 72 and proceeds generally south along US Highway 85 beforeturning east to the Cloverly Tap Point located to the east of County Road 41 and south of County Road 66. The transmission line is proposed to replace portions of the existing 44kV transmission network. The ultimate buildout for the project will have an operating capacity of 230 kV, however, the initial operating capacity will be at 115kV. There are two substations, Ault and Collins Street that are sited within municipal limits and therefore are not a part of this application. The permanent right-of-way (ROW) for the new 115/230 kV is generally 150 -feet wide (75 -feet either side of centerline) and transmission structure heights will range from 80 to 160 -feet and will be located approximately 800 to 1,200 feet apart. The applicant has indicated that in a few spots the right-of-way is narrower based on agreements with property owners ordue to on -site constraints. The application indicates that the existing transmission network is no longer reliable, and the proposed project will ensure a transmission system that will operate reliably and safely and result in a more robust and resilient power grid in northern Colorado. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: The submitted materials are in compliance with the application requirements of Chapter 21 of the Weld County Code USR21-0018-Northem Colorado Area PI an: Transmission Iine prof ect Page 3 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 21-3-340. A of the Weld County Code, as follows: Section 21-3-340.A. I — 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 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 ensure that there are adequate provisions forthe 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 wild life 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 forwildlife in the project study area. The applicant conducted atransmission 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 possiblewhile 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 forfarming, grazing, or other operations that do not interfere with safe and reliable operation of thetransmission 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). USR21-0018-Northem Colorado Area PI an: Transmission Iine prof ect Page 4 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, 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 Siteforpermitting 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 level2 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. 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 USR21-O018- Northern Colorado Area PIan: Transmission line project Page 5 • 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 Grossest the greatest number of parcels of all of the Level 3 alternatives. The north route contained was tied fortwo (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. 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. Afterthis 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 providethe 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. USR21-O01S- Northern Colorado Area Plan: Transmission line project Page 6 • 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 feed lots. • 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 thetransmission 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. 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 forwildlife 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. USR21-O018- Northern Colorado Area PIan: Transmission line project Page 7 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 possiblewhile 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. 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 USR21-O018- Northern Colorado Area Plan: Transmission line project Page 8 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 Officeof 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 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 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. 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. USR21-O018- Northern Colorado Area PIan: Transmission line project Page 9 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 Larimer & 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. 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. USR21-O01S- Northern Colorado Area Plan: Transmission line project Page 10 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 spillageof 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. Drainagefromthe 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 dustcontrol, would be brought in from off-sitesources 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 scoredlrated 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. 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 USR21-O018- Northern Colorado Area PIan: Transmission line project Page 11 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 forthis 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 applicableto 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. The Department of Planning Services' staff 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 forthis project. Any such agreement shall be referenced on the USR map by the Weld County Clerk and Recorder's reception number. (Development Review) USR21-O01S- Northern Colorado Area Plan: Transmission line project Page 12 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: 1. All sheets of the map shall be labeled USR21-0018. (Department of Planning Services) 2. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 3. The attached Development Standards. (Department of Planning Services) 4. 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) 5. 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) 6. 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 documentscreating 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) 7. County Roads 31, 35, 78, 80, and 84 (west of CR 33 and east of Highway 85) are gravel roads and are designated on the Weld County Functional Classification Map as local roads which require 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) 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 f eet 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) 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) USR21-O018- Northern Colorado Area PIan: Transmission line project Page 13 10. East Collins Street and Industrial Drive are under the jurisdiction of the Town of Eaton. Please contactthe 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) 11. Show and label all approved access locations, approved access widths and the appropriate turning radii (65'). Prior to construction, the applicant must obtaina Weld County access permit for all accesses located on Weld County maintained roadways. (Development Review) 12. Show the approved Colorado Department of Transportation (CDOT) accesses and label with the approved access permit number, if applicable. (Development Review) 13. Show and label the approved tracking control devices for all Weld County maintained roadway access locations. (Development Review) 14. 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 thegatetothe edge ofthetraveled 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 flood plain. (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) 4. 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) 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 forpaying the recording fee. (Department of Planning Services) USR21-O01S- Northern Colorado Area Plan: Transmission line project Page 14 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 foreach additional 3 -month period. 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) USR21-O018- Northern Colorado Area PIan: Transmission line project Page 15 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Public Service Company of Colorado US R21-0018 1. A Site -Specific Development Plan, USR21-0018, and Use by Special Review Permit fora Major Facility or Public Utility or Public Agency (proposed Electric Transmission line extending a total of sixteen (16) miles in 3 (three) segments: Segment 1: 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 forthe 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 responsibleforthe 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 forfinal disposal ina manner that protects against surface and groundwater contamination. 13. 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. USR21-0018-Northem Colorado Area PI an: Transmission Iine prof ect Page 16 14. 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. 15. 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. 16. 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. 17. 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. 18. Environmental Protection Measures for Construction Projects, as identified in the application, shall be adhered to. 20. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 21. A Flood Hazard Development Permit is required forall 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 CFRparts 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. 22. 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. USR21-0018-Northem Colorado Area PI an: Transmission Iine prof ect Page 17 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 depositsare 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, thosefeatures 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; dustfrom animal pens, field work, harvest and gravel roads; odorfrom animal confinement, silage and manure; smokefrom 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. Section35-3.5-102, 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. USR21-0018-Northem Colorado Area PI an: Transmission Iine prof ect Page 18 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 familiesto 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, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. USR21-0018-Northem Colorado Area PI an: Transmission Iine prof ect Page 19 October 22, 2021 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: cgathman@weldgov.com PHONE: (970) 400-3537 FAX: (970) 304-6498 RUDERMAN RITA 1800 LARIMER STREET, SUITE 400 DENVER, CO 80202 Subject: USR21-0018 - A Use by Special Review Permit for a 1041 Major Facilities of a Public Utility (proposed Electric Transmission line extending a total of sixteen (16) miles in 3 (three) segments: 1) An overhead 230 kV double -circuit transmission line extending between the Western Area Power Administration (WAPA) Ault Substation and the planned Public Service of Colorado Husky Substation (located in the Town of Ault). 2) An overhead 115/230 kV double -circuit transmission line extending from the Colorado Husky Substation to the proposed Collins Street substation site (in the Town of Eaton). 3) An overhead 115/230 kV double -circuit transmission line extending from the Collins Street Substation to the existing Cloverly Tap Point in the A (Agricultural) Zone District. On parcel(s) of land: 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. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on December 7, 2021 at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on January 5, 2022 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at https://accela- aca.co.weld.co.us/CitizenAccess Respectfully, Chris Gathman Planner Hello