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LAND USE APPLICATION
SUMMARY SHEET
Chris Gathman
USR19-0009 Hearing Date: April 2, 2019
Roundhouse Renewables, LLC C/O Ryan Fitzpatrick
700 Universe Boulevard, Juno Beach, FL. 33408
A Site Specific Development Plan and Use by Special Review Permit for a 1041
Major Facility of a Public Utility (a new above ground single -circuit 230 kV
Transmission line that will extend through 3.9 miles in Weld County) in the A
(Agricultural) Zone District.
Transmission line to be located in Sections 19, 20, 29, 30 and 31, Township 2
North, Range 67 West and Section 6, Township 11 North, Range 67 West; all
located west the 6th P.M. Weld County Colorado
The Transmission line runs from the Larimer/Weld County Line just to the south
of the Colorado/Wyoming state line and runs in a southeast direction to
approximately 1/2 mile to the west of Interstate 25. The transmission line then
turns and runs in a southwest direction to the Larimer/Weld County line
approximately 2.75 miles north of County Road 128.
Multiple
Transmission Line Right of Way is approx. 70.9 acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is 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 Department of Public Works, referral dated February 19, 2019
Colorado Department of Transportation, referral dated February 5, 2019
Weld County Department of Public Health and Environment, referral dated February 27, 2019
The Department of Planning Services' staff has received responses without comments from the following
agencies:
Weld County Zoning Compliance, referral dated February 1, 2019
Weld RE -9 School District, referral dated February 4, 2019
Weld County Sheriffs Office, referral dated February 21, 2019
West Greeley Conservation District, referral dated February 11, 2019
USR19-0009, page 1
Roundhouse Renewables LLC transmission line
The Department of Planning Services' staff has not received responses from the following agencies:
Colorado Parks & Wildlife
Federal Aviation Administration
Federal Communications Commission
• Weld County► Office of Emergency Management
• Public Safety Wireless Communications Manager
• Colorado Historical Society (History Colorado)
• United States Army Corps of Engineers
• Laramie County (Wyoming)
• Larimer County
• Nunn Fire Protection District
• Weld County School District RE -9
• Kinder -Morgan
• Southern Star Central Gas
• Tall Grass Energy
• Williams (Overland Pass)
• Level 3 Communications
• Poudre Valley Electric
• Burlington Northern Railroad
USR19-0009, page 2
Roundhouse Renewables LLC transmission line
Planner:
Case Number:
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Narrative:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
C. Gathman
USR19-0009 Hearing Date: April 2, 2019
Roundhouse Renewables, LLC C/O Ryan Fitzpatrick
700 Universe Boulevard, Juno Beach, FL. 33408
A► Site Specific Development Plan and Use by Special Review Permit for a 1041
Major Facility of a Public Utility (a new above ground single -circuit 230 kV
Transmission line that will extend through 3.9 miles in Weld County) in the A
(Agricultural) Zone District.
Transmission line to be located in Sections 19, 20, 29, 30 and 31, Township 2
North, Range 67 West and Section 6, Township 11 North, Range 67 West; all
located west the 6th P.M. Weld County Colorado
The Transmission line runs from the Larimer/Weld County Line just to the south
of the Colorado/Wyoming state line and runs in a southeast direction to
approximately 1,4 mile to the west of Interstate 25. The transmission line then
turns and runs in a southwest direction to the Larimer/Weld County line
approximately 2.75 miles north of County Road 128.
Multiple
Transmission Line Right of Way is approx. 70.9 acres
The application indicates that NextEra (one of the largest wholesale generators of electric power in the
United States and Enyo (a solar and wind company) have entered into a partnership for the Roundhouse
Energy Project. Roundhouse has entered into a contract with Platte River Power Authority to provide wind
energy to the municipal utilities of Estes Park, Fort Collins, Longmont and Loveland. The proposed
pipeline will cross 3.9 miles in Weld County and is proposed to cross three (3) properties owned by the
City of Fort Collins, Duck Creek Grazing Association, Inc. and State of Colorado, State Land Board. The
power line is proposed to be placed into a 150 -wide easement and will consist of a 230 -kV steel
transmission line ranging in height from 80 to 135 feet in height with span lengths of approximately 800 -
feet. This USR is a segment of the Roundhouse project that includes a 20 -mile transmission line that runs
from a new wind farm southwest of Cheyenne to a new substation in Wyoming and then through Weld
County for 3.9 miles and across 9.5 miles in Larimer County ending at the Rawhide substation. Separate
1041 applications are being applied for in the Wyoming and Larimer County segments of this facility.
USR 13-0003, page 3
Roundhouse Renewables LLC transmission line
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 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.1 — The health, welfare and safety of the citizens of the County will be
protected and served.
The proposed transmission line is located on property under private ownership and is in a remote
and rural setting that will have little to no impact on the heatlh, welfare and safety of the citizens of
Weld County. The proposed transmission line is located approximately 0.25 miles from the nearest
residence. The Weld County Sheriff's Office indicated no concerns in their referral dated
2/14/2019. No referral response has been received from the Nunn Fire Protection District. No
referral responses have been received from the Weld County Office of Emergency Management
and the Nunn Fire Protection District.
Section 21 -3 -340.A.2 -The natural and socio-economic environment of the County will be protected
and enhanced.
The applicant conducted an inventory of wildlife habitat, cultural resources and other sensitive areas
was conducted prior to submittal of the application and is included with the application submittal. The
proposed transmission line will span wetland areas and avoidance measures will be implemented
during construction to avoid sensitive wildlife impacts (such as raptors and migratory bird nests). No
referral response has been received from Colorado Parks and Wildlife and History Colorado.
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.
The applicant conducted an evaluation (siting study) of six alternative routes. The siting study
consists of an Alternatives Constraints Study and Alternative Route Comparison where factors
including but not limited to vegetation and Surface Water, Wildlife Criteria, land use and engineering
criteria were evaluated and ranked. The preferred route received the highest overall evaluation score
when all categories where scored. The preferred route follows the existing infrastructure rights -of -way
to the extent practical and is proposed to minimize impacts on existing agricultural, residential uses
and the natural environment.
Section 21 -3 -340.A.4 --A satisfactory program to mitigate and minimize adverse impacts has been
presented.
The applicant conducted an evaluation (siting study) of six alternative routes. The evaluation study
indicates the proposed preferred route (route 2B) avoids siting within 100 -feet of wetlands and
involves only one (1) crossing of a riparian (tied for the lowest number of crossings for the routes
that were evaluated. Additionally, the route was determined to have the lowest level of additional
visual impacts from recreational trails or Interstate 25, is not located within 200 -feet of any existing
residence and has the least number of cultural sites within 75 -feet of the proposed centerline.
USR19-0009, page 4
Roundhouse Renewables LLC transmission line
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 22-3-40 B.4 P. Poli car 2.4. states: "Encourage multi -jurisdictional coordination of services and
facilities, unless it will lead to development that is not compatible with other County Goals and Policies."
The proposed powerline will service other municipalities in Northern Colorado and will assist in improving
air quality in the northern Colorado region.
Section 22-4-50 A. AIR. Goal 1. states: "Maintain National Air Quality Standards and, where practicable,
improve air quality in the County."
The application materials indicate that the project is estimated to decrease Fort Collins' emissions by up
to 10%. Air quality is not limited to jurisdictional boundaries and is subject to wind and conditions that
can cross county and other jurisdictional boundaries. Improving air quality in the City of Fort Collins will
assist in improving air quality in the region (including Weld County).
Section 22-5-140 A 3. AE.Policy 1.3. states: "Support the commercial development and use of wind
energy."
The proposed transmission line will connect an existing wind farm in Wyoming to the Rawhide Electrical
Generation plant in Larimer County. The proposed connection will triple with wind generation capacity for
the Platte River Power Authority in Northern Colorado (Fort Collins, Loveland, Longmont and Estes
Park).
The application indicates that the City of Fort Collins is has goals to reduce carbon emissions below
2005 baseline levels (20% by 2020) and the cities of Loveland, Longmont and Estes Park have
established goals to increase use or renewable energy sources.
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 cross approximately 3.9 miles into Weld County in a remote area
and will follow existing pipeline and rail easements and rights of way. No demand for permanent sewer
and water services will be needed. Construction of roads associated with the project will be minimal and
will be used minimally after the transmission line is constructed. No referral response has been received
from the Nunn Fire Protection District or the Weld County Office of Emergency Management regarding
this request.
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 facility will not result in an increase in services such as water or sewer/septic. A road
maintenance agreement is a condition of approval for this case to address any temporary impacts to
county roads that are created by the construction of this transmission line.
Section 21-3-340.A.3-- 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 application indicates that the proposed transmission line will be designed to operate effectively and
safely under the expected meteorological and climatological conditions of this area.
USR19-0009, page 5
Roundhouse Renewables LLC transmission line
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.
Transmission lines are exempted from the requirement of a drainage report and detention pond design
per Section 23-12-30.F of the Weld County Code. The facility will implement best management practices
to minimize the risks of adverse effects on water resources during construction of the facility.
The application indicates that erosion control measures will be implemented and inspected after each
storm event.
Section 21 -3 -340.A.10 --Adequate water supplies are available for facility needs. The substation and
transmission line facilities are unmanned. Bottled water and 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 application states that they do not anticipate that the proposed transmission line will interfere with an
existing easements, rights -of -way and other utilities, canals or mineral interests. Electrical utilities of
record, oil and gas pipelines in the area were sent a referral and no responses have been received.
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 proposed transmission line will span wetland areas and avoidance measures will be implemented
during construction to avoid sensitive wildlife impacts (such as raptors and migratory bird nests). The
application states that there are no designated critical wildlife habitats in the siting area. The application
indicates that the applicant will conduct surveys for migratory birds and nests. If nests are found,
appropriate timing limitations or distance buffers will be enacted according to Colorado Parks and
Wildlife and United States Fish and Wildlife recommendation.
No referral response has been received from Colorado Parks and Wildlife and History Colorado
regarding this application.
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.
The applicant will implement best management practices to address and minimize ground disturbance,
erosion, soil compaction and sedimentation during construction of the transmission line. The
application indicates that any soil stockpiles left for more than one (1) week during construction of the
facility will be covered with mulch, tackifier and/or cover crops to prevent runoff and erosion. The
facility has been sited to avoid disturbance of wetland/water body features.
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 transmission line has been sited to avoid geologic hazards and steep slopes. The transmission
structures will be designed to accommodate the geotechnical and soil conditions in the area.
USR19-0009, page 6
Roundhouse Renewables, LLC transmission line
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 application indicates that no direct storm water discharges will result from the project, no
disturbance will result to existing streams, lakes or reservoirs. Measures such as erosion control
measures will be incorporated during construction to avoid/control discharges and avoid impacts on
water quality. The disturbed areas will be seeded, and the applicant will re -seed as need to control and
prevent uncontrolled runoff.
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.
Section 21-3-340.418 — 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.
No existing cropland will be crossed/disturbed by the proposed transmission line. The applicant
indicates that there maybe some temporary displacement of livestock grazing. The applicant indicates
that they will work with affected landowners to minimize these disruptions.
Section 21-3-340.A.19 — The applicant has obtained or will obtain all property rights, permits and
approvals necessary for the proposed project, including surface, mineral and water rights and
easements for drainage, disposal, utilities, access, etc. If the applicant has not obtained all necessary
property rights, permits and approvals, the Board may, at its discretion, grant the permit conditioned
upon completion of the acquisition of such rights prior to issuance of a zoning or building permit by the
County.
The application indicates that the applicant is in the process of acquiring the necessary easements for
the project from the three property owners. Evidence that these easements have been obtained is a
condition of approval of this application.
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 as this is a linear facility.
Section 21-3-340.421— 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 within the county.
USR19-0009, page 7
Roundhouse Renewables LLC transmission line
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 project is not to meet the needs of an increasing population in the County. However, the
proposed transmission line is proposed to address the need for electrical power in adjacent
communities in Northern Colorado (Fort Collins, Loveland, Longmont and Estes Park).
This recommendation for a 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 at this location. Road maintenance includes,
but is not limited to, dust control and damage repair to specified haul routes. (Department
of Public Works)
B. The applicant shall address the requirements of the Colorado Department of Transportation
(CDOT) as stated in their electronic referral received February 5, 2019. Written evidence of
such shall be provided to the Department of Planning Services. (Colorado Department of
Transportation)
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. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR19-0009. (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)
The attached Development Standards. (Department of Planning Services)
4. The final location of the permanent 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)
5. County Roads 3, 15, 134, 136, & 138 Section Lines are shown to have 30 feet of
unmaintained section line right-of-way per the Weld County GIS right-of-way map.
The applicant shall delineate the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of right-of-way. Show and label the section line
Right -of -Way as "CR 3, 15, 134, 136, or 138 Section Line Right -Of -Way, not
County maintained." (Department of Public Works)
6. If applicable, show the approved Colorado Department of Transportation (CDOT)
access(es) on the site plan and label with the approved access permit number.
(Colorado Department of Transportation)
2. Prior to construction:
USR19-0009, page 8
Roundhouse Renewables, LLC transmission line
A. The applicant shall submit evidence of a right-of-way permit for any work that may be
required in the right-of-way and/or a special transport permit for any oversized or
overweight vehicles that may access the construction sites. (Department of Public Works)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
3. 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) paper copy or one (1) electronic (.pdf) copy of the map for
preliminary approval to the Weld County Department of Planning Services. (Department of
Planning Services)
5. Upon completion of Conditions of Approval numbers 1. and 2., above the applicant shall submit a
Mylar map along with all other documentation required as Conditions of Approval. The Mylar map
shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning
Services' Staff. The map shall be prepared in accordance with the requirements of Section 23-2-
390 of the Weld County Code. The Mylar map and additional requirements shall be submitted
within one hundred twenty (120) days from the date of the Board of County Commissioners
resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning
Services)
6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the map
not be recorded within the required one hundred twenty (120) days from the date the Board of
County Commissioners Resolution was signed a $50.00 recording continuance charge may be
added for each additional 3 -month period.
7 The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This
digital file may be sent to maps@co.weld.co.us. (Department of Planning Services)
8. The Use by Special Review activity shall not occur nor shall any building or electrical permits be
issued on the property until the Special Review map is ready to be recorded in the office of the
Weld County Clerk and Recorder. (Department of Planning Services)
USR19-0009, page 9
Roundhouse Renewables LLC transmission line
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Roundhouse Renewables, LLC
USR19-0009
1 A Site Specific Development Plan and Special Review Permit for a 1041 Major Facility of a Public
Utility -- a new above ground single -circuit 230 kV Transmission line that will extend through 3.9
miles in Weld County in the A (Agricultural) Zone District. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The property owner or operator shall provide written evidence of an approved Emergency Action
and Safety Plan on or before March 15t" 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. (Department of Planning Services)
4. The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works)
5. During construction, there shall be no parking or staging of vehicles on public roads. (Department
of Public Works)
6. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
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. (Department of Public
Works)
8. The historical flow patterns and runoff amounts on site will be maintained. (Department of Public
Works)
9. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination. (Department of Public Health and
Environment)
10. During construction, 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. (Department of Public Health
and Environment)
11. During construction, 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. (Department of Public Health and Environment)
12. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
USR13-0003, page 10
Roundhouse Renewables LLC transmission line
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. (Department of Public Health and Environment)
13. 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. (Department of Public Health and Environment)
14. 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
and shall contain hand sanitizers. (Department of Public Health and Environment)
15. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
16. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County -wide Road Impact Fee Program. (Department of Planning Services)
17. 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. (Department of Planning Services)
18. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
19. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code. (Department of Planning Services)
20. 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.
(Department of Planning Services)
21. 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. (Department of Planning Services)
22. 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. (Department of
Planning Services)
23. 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.
USR19-0009, page 11
Roundhouse Renewables LLC transmission line
Mineral resource locations are widespread throughout the County and person 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.
24. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness,
wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County would quickly
be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor
from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes;
hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of
pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and supplies to
assist in their agricultural operations. A concentration of miscellaneous agricultural materials
often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-
102, C.R.S., R. S. , provides that an agricultural operation shall not be found to be a public or private
nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that
are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they
cannot take water from irrigation ditches, lakes, or other structures, unless they► have an
adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred (3,700)
miles of state and County roads outside of municipalities. The sheer magnitude of the area to be
served stretches available resources. Law enforcement is based on responses to complaints
more than on patrols of the County, and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to emergencies.
County gravel roads, no matter how often they are bladed, will not provide the same kind of
surface expected from a paved road. Snow removal priorities mean that roads from subdivisions
to arterials may not be cleared for several days after a major snowstorm. Services in rural areas,
in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be
more self-sufficient than urban dwellers.
USR13-0003, page 12
Roundhouse Renewables LLC transmission line
People are exposed to different hazards in the county than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps
and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and
livestock, and 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.
USR19-0009, page 13
Roundhouse Renewables LLC transmission line
February 26, 2019
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
CALL JEREMY
213 LINDEN STREET, SUITE 300
FORT COLLINS, CO 80524
Subject: USR19-0009 - A Site Specific Development Plan and Use by Special Review Permit for a 1041
Major Facility of a Public Utility (a new above ground single -circuit 230 kV Transmission line that will
extend through 3.9 miles in Weld County) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
THE TRANSMISSION LINE CROSSES SECTIONS 19, 20, 29, 30, AND 31, T12N, R67W AND
SECTION 6, T11 N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on April 2, 2019, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on May 1, 2019 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative 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
www.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
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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
January 31, 2019
CALL JEREMY
213 LINDEN ST STE 300
FORT COLLINS, CO 80524
Subject: USR19-0009 - A Site Specific Development Plan and Use by Special Review Permit for a 1041
Major Facility of a Public Utility (a new above ground single -circuit 230 kV Transmission line that will
extend through 3.9 miles in Weld County) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
The Transmission line crosses Sections 19, 20, 29, 30 and 31, T12N, R67W and Section 6, T11N,
R67W; all located in the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
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