HomeMy WebLinkAbout20193048.tiffMEMORANDUM
TO: Chris Gathman, Planning Services
FROM: Mike McRoberts, P.E., Public Works
DATE: May 22, 2019
SUBJECT: USR18-0100 Xcel Energy - REVISED ALIGNMENT
The Weld County Department of Public Works has reviewed this proposal. Staff comments made during
this phase of the application process may not be all-inclusive, as other issues may arise during the
remaining application process.
COMMENTS
GENERAL PROJECT INFORMATION/LOCATION
Project description: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A
MAJOR FACILITY OF A PUBLIC UTILITY (ONE (1) 230kV TRANSMISSION LINE EXTENDING
APPROXIMATELY 10.4 MILES, ONE (1) NEW SUBSTATION (GRAHAM CREEK) AND UPGRADES TO
AN EXISTING SUBSTATION (WAPA AULT SUBSTATION) IN THE A (AGRICULTURAL) ZONE
DISTRICT.
The Project includes improvements to the existing WAPA Ault Substation, a new WAPA Ault Substation to
Husky Substation 230kV Transmission Line, a new Husky Substation (within the Town of Ault), a new Husky
Substation to Graham Creek Substation 115kV/230 kV Transmission Line, and a new Graham Creek
Substation.
Parcel numbers: This project involves 85 parcels.
ACCESS
The applicant will work with Weld County Department of Public Works to determine the appropriate
accesses for construction.
This project will establish two -track roads in the "Project right-of-way" that will be accessed from Weld
County roads. All construction traffic within the Project right-of-way will be confined to the two -track roads.
Access for the Graham Creek Substation is from CR 33. The substation site plan submitted for review
depicts two (2) gated accesses on CR 33. In an effort to minimize the number of accesses on CR 33, while
maximizing traffic/public safety, the applicant shall revise the substation site plan making the northernmost
access a permanent access, and if required for construction, making the southernmost access a temporary
access to be used during construction only.
Per Chapter 12, Article 5, Section 12-5-30, an Access Permit is required for access to Weld County
maintained roadways. We strongly encourage you to discuss your access with Public Works prior to laying
out your site plan to ensure the approved accesses are compatible with your layout. Per Chapter 12, Article
V, Section 12-5-30. F, when feasible, there shall be no net increase in the number of accesses to a public
road. Minimum access spacing widths are shown in Weld County Code Appendix Table 12A-2. Please refer
to Chapter 12 of the Weld County Code for more information regarding access.
ROADS AND RIGHTS -OF -WAY
County Road 27 is a section line right-of-way. Section line right-of-way does not exist in all sections in Weld
County and should be verified before a decision to utilize it is made. Weld County commonly refers to these
as "Non -Maintained Section Line Right -of -Way." The existence of a physical road does not imply public
right-of-way and the road may be located on private property. All right-of-way should be verified and
physical roads located in relationship to the public right-of-way to ensure trespassing does not occur. The
applicant shall verify the existing right-of-way and the documents creating the right-of-way and this
information shall be noted on the site plan or plat. The applicant shall delineate on the site map or plat the
existing right-of-way and physical location of roads to be used. If the right-of-way cannot be verified it shall
be dedicated or an adequate easement between property owners shall be provided. Pursuant to the
definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback
is measured from the future right-of-way line. Be aware that physical roadway many not be centered in the
right-of-way. This road is NOT maintained by Weld County.
County Roads 31 and 86 are gravel roads and are designated on the Weld County Functional Classification
Map (Code Ordinance 2017-01) as local roads, which require 60 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and existing rights -of -way and the physical locations of the
roads. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the
Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the
future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road
is maintained by Weld County.
County Road 29 in this location is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as an arterial road, which in this location requires 100 feet of right-of-way. If the right-
of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of
the road. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-
3-50, the required setback is measured from the future right-of-way line. This road is maintained by Weld
County.
County Roads 33 is a paved road and is designated on the Weld County Functional Classification Map
(Code Ordinance 2017-01) as collector road which requires 80 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and existing rights -of -way and the physical locations of the
roads. If in any case a right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of
setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured
from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way.
This road is maintained by Weld County.
County Road 84 is a gravel road west of County road 33 and a paved road east of County Road 33. It is
designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a(n) local road,
which requires 60 feet of right-of-way. The applicant shall delineate on the site map or plat the future and
existing right-of-way and the physical location of the road. If the right-of-way cannot be verified it shall be
dedicated. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section
23-3- 50, the required setback is measured from the future right-of-way line. Be aware that physical
roadways may not be centered in the right-of-way. This road is maintained by Weld County.
County Roads 78 and 80 are section line rights -of -way at the locations impacted by the project's alignment.
Section line right-of-way does not exist in all sections in Weld County and should be verified before a
decision to utilize it is made. Weld County commonly refers to these as "Non -Maintained Section Line Right -
of -Way." The existence of a physical road does not imply public right-of-way and the road may be located
on private property. All right-of-way should be verified and physical roads located in relationship to the
public right-of-way to ensure trespassing does not occur. The applicant shall verify the existing right-of-way
and the documents creating the right-of-way and this information shall be noted on the site plan or plat. The
applicant shall delineate on the site map or plat the existing right-of-way and physical location of roads to
be used. If the right-of-way cannot be verified it shall be dedicated or an adequate easement between
property owners shall be provided. Pursuant to the definition of setback in the Weld County Code, Chapter
23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. Be aware
that physical roadway many not be centered in the right-of-way. These roads are NOT maintained by Weld
County.
County Road 76 is a gravel road west of County Road 33 and is a paved road east of County Road 33. It
is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a(n) local
road, which requires 60 feet of right-of-way. The applicant shall delineate on the site map or plat the future
and existing right-of-way and the physical location of the road. If the right-of-way cannot be verified it shall
be dedicated. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section
23-3- 50, the required setback is measured from the future right-of-way line. Be aware that physical
roadways may not be centered in the right-of-way. This road is maintained by Weld County.
The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to state highways.
Please contact Tim Bilobran at the Greeley office (970-350-2163) to verify the access permit or for any
additional requirements that may be needed. (State Highway 14 & State Highway 392)
The Colorado Department of Transportation (CDOT) has completed a US 85 Planning and Environmental
Linkages (PEL) Study. The objective of the US 85 PEL Study is to develop a strategic vision for US 85
between 1-76 and the Town of Nunn. Please review the US 85 PEL Study to ensure you are in compliance
with the requirements. More information about this study can be accessed at:
https://www.codot.gov/projects/us85pe1.
Per Chapter 12, Article 4, Section 12-4-30.B, a Weld County Right -of -Way Use Permit is required for any
project that will be occupying, constructing or excavating facilities within, and/or encroaching upon, any
County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at
https://www.weldgov.com/departments/publicworks/permits/.
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way.
ACCESS CONTROL PLAN: The County Road 29 Access Control Plan has been developed to address
access onto County Road 29 between State Highway 392 and County Road 100.
More information about Weld County's access control plans can be located at:
https://www.weldgov.com/departments/public works/access control plans
TRAFFIC
The traffic resulting from transmission line construction will be spread over numerous Weld County sections
and roadways. During construction, travel routes will vary depending upon the segment of this project that
is under construction and the locations of the contractors and material suppliers. During operations, traffic
on county roads will be limited to maintenance vehicles, when required, and occasional patrol trucks for
inspection.
Per information submitted with the application, the traffic resulting from the Graham Creek Substation
construction will be approximately 15-20 daily roundtrips. After construction the substation will be
unmanned.
TRACKING CONTROL POLICY
Tracking control is required to prevent tracking from the site/construction sites onto public roadways. For
access to paved roads, tracking control devices can be double cattle guards with 100 ft. of asphalt or 300
ft of asphalt. For access to gravel roads, tracking control devices must be either double cattle guards with
100 ft. of road base, or road base on all driving surfaces. Temporary Tracking Control shall be used during
construction unless permanent tracking control is installed ahead of construction activities. Recycled
concrete is not allowed in County right-of-way. Tracking control for unmaintained public right-of-way is
required just prior to entering publicly maintained roadways. A variance request for alternatives to the
tracking control requirement can be submitted to Public Works for review and consideration.
Public Works is requiring permanent tracking control as described above for permanent accesses and
temporary tracking control at all accesses during construction unless permanent tracking control is installed
ahead of construction activities.
ROAD MAINTENANCE AGREEMENT
Public Works is requiring Road Maintenance Agreement during construction. Road maintenance may
include, but is not limited to, dust control, tracking control, and damage repair attributable to construction
of the transmission lines, substations and located within 1/2 mile of any construction access point for the
project, or on any specified haul routes.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldgov.com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR
eview/sprusr.pdf. It will detail the approved haul route(s), outline when off -site improvements will be
triggered, and include a maintenance agreement for the haul routes. Possible mitigations included in the
road maintenance agreement may include but are not limited to: dust control, specified haul routes, damage
repairs, and future improvement triggers.
DRAINAGE REQUIREMENTS
The transmission line portion of this project meets drainage exception 23-12-30.F.1.a.5 for transmission
lines.
The Graham Creek Substation IS within a Non -Urbanizing Drainage Area: Non -Urbanizing Drainage Areas
typically require detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and
release of the detained water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the
undeveloped site for NON -URBANIZING areas.
Detention Pond summarized in a Drainage Report:
The applicant has submitted a preliminary drainage report for the Graham Creek Substation. A final
drainage report and detention pond design completed by a Colorado Licensed Professional Engineer is
required prior to recording the USR map. The drainage report must include a certification of compliance
stamped and signed by the PE. A Certification of Compliance form can be found on the Public Works
Development Review website. General drainage report checklist is available on the engineering website.
More complete checklists are available upon request.
GRADING PERMIT
A Weld County Grading Permit will be required when disturbing more than 1 acre. Grading Permit
applications are accepted after the planning process is complete (plan recorded). An Early Release
Request Form may be entertained only after the applicant, Public Works and Planning Department have
reviewed the referral and surrounding property owner comments. The Early Release Request may or may
not be granted depending on referral comments and surrounding property owner concerns. Contact an
Engineering representative from the Public Works for more information.
A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact:
Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575.
CONDITIONS OF APPROVAL
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. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required for the Graham Creek Substation portion of
this USR. (Department of Public Works)
C. If applicable, the applicant shall submit a recorded copy of any agreement signed by all of the owners
of the property crossed by the access. The access shall be for ingress, egress, utilities and shall be
referenced on the USR map by the Weld County Clerk and Recorder's Reception number. (Department
of Public Works)
D. The plan shall be amended to delineate the following:
1. County Road 27 is an unmaintained section line right-of-way. The applicant shall verify and
delineate on the map the unmaintained right-of-way and the documents creating the right-of-way.
All setbacks shall be measured from the edge of right-of-way. This road is not maintained by Weld
County. Any unmaintained road needs to be located/identified in relationship to the right-of-way.
Show and label the section line Right -of -Way as "CR 27 Section Line Right-of-way, not County
maintained". (Department of Public Works)
2. County Roads 31 and 86 are gravel roads and are designated on the Weld County Functional
Classification Map as local roads which require 60 feet of right-of-way at full buildout. The applicant
shall delineate on the site plan the future and existing rights -of -way. All setbacks shall be measured
from the edge of right-of-way. This road is maintained by Weld County. (Department of Public
Works)
3. County Road 29 in this location is designated on the Weld County Functional Classification Map
as an arterial road which in this location requires 100 feet of right-of-way at full buildout. The
applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured
from the edge of right-of-way. This road is maintained by Weld County. (Department of Public
Works)
4. County Roads 33 is paved roads and are designated on the Weld County Functional Classification
Map as collector road which requires 80 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the existing rights -of -way. All setbacks shall be measured from the edge
of right-of-way. This road is maintained by Weld County. (Department of Public Works)
5. County Road 84 is a gravel road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge
of right-of-way. This road is maintained by Weld County. (Department of Public Works)
6. County Road 78 and 80 are unmaintained section line rights -of -way at the locations impacted by
the project's alignment. The applicant shall verify and delineate on the map the unmaintained rights -
of -way and the documents creating the rights -of -way. All setbacks shall be measured from the edge
of right-of-way. These roads are not maintained by Weld County. Any unmaintained road needs to
be located/identified in relationship to the right-of-way. Show and label the section line Rights -of -
Way as "CR 78 Section Line Right-of-way, not County maintained" or "CR 80 Section Line Right-
of-way, not County maintained" as appropriate. (Department of Public Works)
7. County Road 76 is a gravel road west of County Road 33 and is a paved road east of County Road
33. It is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01)
as a(n) local road, which requires 60 feet of right-of-way. The applicant shall delineate on the site
map or plat the future and existing right-of-way and the physical location of the road. If the right-of-
way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County
Code, Chapter 23, Article Ill, Section 23-3- 50, the required setback is measured from the future
right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This
road is maintained by Weld County.
8. Show and label the approved access locations, approved access width and the appropriate turning
radii on the site plan. The applicant must obtain an access permit in the approved location(s) prior
to construction. (Department of Public Works)
9. If applicable, show the approved Colorado Department of Transportation (CDOT) access(es) on
the site plan and label with the approved access permit number. (Department of Public Works)
10. If applicable, show and label the entrance gate. An access approach that is gated shall be designed
so that the longest vehicle (including trailers) using the access can completely clear the traveled
way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled
surface be less than 35 feet. (Department of Public Works)
11. If applicable, show and label a 30ft minimum access and utility easement to provide legal access
to the parcel on the site plan. (Department of Public Works)
12. The applicant shall show and label the accepted drainage features and drainage flow arrows.
Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and
shall include the calculated volume. (Department of Public Works)
13. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Department of Public Works)
Prior to Construction:
1. The approved accesses and tracking control shall be constructed prior to construction of the
transmission lines and substations. (Department of Public Works)
2. 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)
3. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. The property owner shall control noxious weeds on the site. (Department of Public Works)
2. The access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or off -site tracking. (Department of Public Works)
3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
4. 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)
5. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
6. Access(es) may be along unmaintained County right-of-way and maintenance of the right-of-way will
not be the responsibility of Weld County. (Department of Public Works)
7. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
8. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org
Memorandum
To: Chris Gathman
From: Lauren Light, Environmental Health Services
Date: October 30, 2018
Re: USR18-0100 Public Service Company of Colorado
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Use by Special Review Permit for a major facility of a public
utility (one (1) 230kv transmission line extending approximately 21 miles, one (1) new
substation (Graham Creek) and upgrades to an existing substation (Wapa Ault
substation) in the A (agricultural) zone
Permanent water and sewer is not required as the transmission line is a temporary
construction use and the substation has no onsite employees. Portable toilets and
bottled water can be utilized during construction of the transmission line and the
substation. If the amount of disturbed area exceeds 25 acres, an Air Pollution Emission
Notice (APEN) is required.
We have no objections to the proposal; however, we do recommend that the following
requirements be incorporated into the permit as development standards:
1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal
in a manner that protects against surface and groundwater contamination.
2. No permanent disposal of wastes shall be permitted at this site. This is not
meant to include those wastes specifically excluded from the definition of a solid
waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.
3. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential
nuisance conditions. The facility shall operate in accordance with Chapter 14,
Article 1 of the Weld County Code.
4. Fugitive dust and fugitive particulate emissions shall be controlled throughout the
duration of construction of the transmission line and until ground cover is
Health Administration
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Environmental Health
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Public Health
established. Uses on the substation property shall comply with the Colorado Air
Quality Commission's air quality regulations.
5. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit Application and obtain a permit from the Air Pollution Control
Division, Colorado Department of Public Health and Environment, as
applicable.
6. During construction, adequate toilet facilities and handwashing units shall be
provided. Portable toilets are acceptable. Portable toilets shall be serviced by a
cleaner licensed in Weld County and shall contain hand sanitizers.
7. Environmental Protection Measures for Construction Projects, as identified in
the application, shall be adhered to.
8. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as delineated in 25-12-103 C.R.S.
9. The operation shall comply with all applicable rules and regulations of the State
and Federal agencies and the Weld County Code.
PROJECT:
MEMORANDUM
TO: Chris Gathman DATE: November 5, 2018
FROM: Angela Snyder, CFM
SUBJECT: USR18-0100, Public Service Company of Colorado
A Site Specific Development Plan and Special Review Permit for a Major Facility of a Public Utility (one (1)
230kv transmission line extending approximately 21 miles, one (1) new substation (Graham Creek) and
upgrades to an existing substation (Wapa Ault Substation) in the A (Agricultural) Zone District.
PARCEL: Multiple (Sections 2, 3, 4, 5, 6, 10, 15, 22, 26, 27 and 35 T7N R66W; Sections 2, 11 and 12 T6N
R66W; Sections 7, 15, 16, 17, 18, 22 and 27 T6N R65W.)
PRIOR TO CONSTRUCTION:
1. Any construction in the floodplain requires a floodplain permit. (Department of Planning Services -
Floodplain)
DELINEATE ON THE PLAT:
1. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services - Floodplain)
DEVELOPMENT STANDARDS:
1. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map. Any development shall comply with all applicable Weld County requirements,
Colorado Water Conservation Board requirements as described in Rules and Regulations for
Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR
parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or
unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation, drilling operations, or storage of equipment and materials. (Department of
Planning Services - Floodplain)
2. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain boundaries
have been modified. (Department of Planning Services - Floodplain)
Submit by Email
Weld County Referral
April 23, 2019
The Weld County Department of Planning Services has received the following item for review:
Applicant: Public Service Company of Colorado Case Number: USRI S-0100
Please Reply By: May 21, 2019 Planner: Chris Gathman
Project: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A
MAJOR FACILITY OF A PUBLIC UTILITY (ONE (1) 230kV TRANSMISSION LINE EXTENDING
APPROXIMATELY 10.4 MILES, ONE (1) NEW SUBSTATION (GRAHAM CREEK) AND UPGRADES TO
AN EXISTING SUBSTATION (WAPA AULT SUBSTATION) IN THE A (AGRICULTURAL) ZONE
DISTRICT.
THE APPLICANT IS AMENDING THE ORIGINAL APPLICATION THAT WAS ORIGINALLY
SUBMITTED UNDER THE SAME CASE NUMBER, THE ORIGINAL REQUEST READ (ONE (1) 230 kV
TRANSMISSION LINE EXTEND 21 MILES, ONE (1) NEW SUBSTATION (GRAHAM CREEK) AND
UPGRADES TO AN EXISTING SUBSTATION (WAPA SUBSTATION) IN THE A (AGRICULTURAL)
ZONE DISTRICT.
Location: The Transmission line runs from the WAPA Ault Substation located south of County Road 86
and east of County Road 25 to the proposed Husky Substation (within the Town Limits of Ault). The
Husky Substation will be located east of County Road 33 and south of County Road 86.
Parcel Number: Multiple Parcels
Legal: The Transmission line is to be located in Sections 2. 3. 4. 5, 6, 10, 15, 22, 26, 27 and 35, T7N.
R66W of the 6th P.M., Weld County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
We have reviewed the request and find that it does / does not comply with our Comprehensive
Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter
Signature
Agency
•
Date
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Weld County Planning Dept 1555 N 17th Ave. Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax
N
EATO N
i• n 4: e A C
se -
May; 20, 2019
Weld County Planning Department
Attn : Chris Guthman
1555 N. 17t, Avenue
Greeley. CO 80613
3 1ST Street
EATON, Co 80615
PHONE: (970) 454-3338
FAX: (907) 454-3339
www .eatonco.org
Re: Public Service Company_ of Colorado Special Review Permit Application
USR 18-0100
Dear Mr. Gathrnan:
This letter is written in response to the Weld County Referral dated April 23. 2019
related to Public Service Company of Colorado's ( `-PSCo") Amended Application for a Use by.
Special Review Permit for a major facility, referenced as USR 18-0100 (:-Amended
Application"). The Tovyn of Eaton ("Town' or "Eaton") opposes PSCo's piecemeal approach to
the use by special review 1041 permit request and believes it to be a thinly -disguised roundabout
tactic in ultimately place transmission lines to the west and south of the Town. As to the narrow
scope of the Amended Application* the Town continues to strongly oppose the proposed siting of
the Graham Creek Substation on the west side of Eaton for the reasons set forth herein and for
the reasons set forth in its referral response dated November 1. 201.8, which is attached hereto as
Exhibit 1.
As an initial matter. Weld County Code § 21-2-200( B) provides that a 1041 application
:shall not be accepted or processed unless it is complete,' The Amended Application, on its
face, is not complete. PSCo omits a critical component of the project by failing to include the
transmission line from the Graham Creek Substation, wherever located. to the Cloverly
y
Substation. Without the transmission line, the project is not operative or functional.
Contrary to the fragmented approach, a comprehensive review of PSCois project is
essential to ensure that the needs of the Town and 'veld County are met. As PSCo repeatedly
Provides, "substations are sited first"' and transmission lines are then evaluated and routed around
the location of the substation. Amended Application at 7. While not stated, but \\ ell understood.
the placement of the Graham Creek Substation on the west side of Eaton will increase the
likelihood that unsightly transmission lines are placed on the west and south side of the Town,
undermining the Town's efforts and impeding the Town's growth potential.
,1 naryettated1892
More. even if PSCo agrees as a part of this process to route the transmission line east
from the proposed Graham Creek Substation, there is a reasonably significant likelihood that a
transmission line will ultimately he placed in an undesirable location. PSCo references, but does
explicitly address, that it intends to oversize the Graham Creek Substation to include future
expansion,
In short, Eaton respectfully requests that Weld County not consider the subcomponents of
this project in isolation, but that it consider the full impacts that this project will have on the
Town and the County. which undeniable include the routing of the transmission line from the
Graham Creek Substation to the Cloverly Substation.
With respect to the preferred siting of the Graham Creek Substation, PSCo offers only a
superficial explanation and tenuous grounds for choosing a. location on the west side of the
Town. PSCo provides that. Graham Creek Substation 1 ("G(21") "ranks best among all of the
alternatives, having the best of improved results for all of the evaluation criteria. Among other
things, the preferred site has a lower number of residences in proximity and no potential impacts
on existing oil and gas facilities." Amended Application, Appendix B at 4-7.
But that is an oversimplification and exaggeration of the Graham Creek Substation Site
Evaluation Results ("Site Evaluation"). Amended Application. Appendix B at 4-9.
The Site Evaluation. using rudimentary concepts with a simple scoring methodology and
no reasoned or sophisticated analysis. wholly and conveniently disregards Eaton's growth
patterns. The Site Evaluation provides that there are is only one residence within two hundred
feet and two residences within two hundred feet and a quarter mile of GC 1. but ignores that..
without the substation and transmission line. the number of residences will likely exponentially
increase in the relatively near future. The Site Evaluation states that GC 1 is not within five
hundred feet of an existing park/recreation site. hut ignores that it directly abuts the Great
Western Trail and is in relatively close proximity to the Eaton Area Community Center.
Rather than GC 1. Graham Creek Substation 3 ("GC3") is the preferred and desirable
location for the substation. GC3 is in close proximity to existing industrial uses, near the
southeast corner of the fown and east of U.S. Highway 85, and would naturally blend in with the
surrounding area. GC3 would be the least disruptive to Eaton and its residents and would not
disturb the growth occurring wrest and south of Eaton's current municipal boundaries.
Importantly, the Site Evaluation shows relatively little dill between GC1 and GC3.
While GC 1 has two residences within two hundred feet. GC3 only has one residence. While
GC.1 has three residences between two hundred feet and a quarter mile, GC3 has seven. While
GC 1 is not within two hundred feetof an oil and gas facility, GC3 is located within one. Those
differences, only taking into account existing circumstances.. are insignificant and far too slight
to support the vital long-term decision regarding where to place the Graham Creek Substation.
PSCo is required to provide an " a]nalysis of the long-term effects of the proposed site
selection and construction upon the physical and socioeconomic development of the impact
area," Weld County Code § 21-3-330(B)(8), and an "ra]nalysis of reasonable structural
Imftmpoutted 1892
alternatives to the project such as alternate locations and routes," Weld County Code § 21-3-
.330(B)(11). in support of its application. Outside of paying lip service to the basic concepts,
PSCo has wholly failed to provide the required analysis and has thus failed to meet the basic
requirements for submission of the application.
More. to approve the application for a permit. the Board of County Commissioners must
find that "[all] reasonable alternatives to the proposed action have been adequately addressed 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." Weld
County Code § 21-3-340(A)(3). Based on the information provided, the Board of County
Commissioners will not be able to make that requisite finding.
For all these reasons and for the reasons previously provided. the Town of Eaton
respectfully requests that the Planning Commission recommend denial of PSCo's application for
a use by special review permit. The location of the Graham Creek Substation on the west side of
the TovcAn and the ultimate routing of transmission lines west side and south of the Town are not
in the best interests of the residents of the Town or the County.
Sincerely,
Enclosure
cc: Town Board of the Town of Eaton
Jeff Schreier, Town Administrator
/IL
Town of Eaton
By: Kevin Ross. Mayor
Jt po te 189
EATON
November 1, 7 018
Weld County Planning Department
Attn: Chris Gathman
1555 N. 17th Avenue
Greeley. CO 806 13
”3 3 1s' Street
EATON, Co 80615
PHONE: (970) 454-3338
FAX: (907) 454-3339
WWW.eatonco.org
Re: Public Service Company of Colorado Special Review Permit Application
USR 18-0100
D e ar Mr. G athm an :
This letter is written in response to the Weld County Referral dated October 4. 2018,
related to Public Service Company of Colorado's (PSCo") Application for a Special Review
Permit for a major facility, referenced as USR 18-0100. While the Town of Eaton ("Town"or
"Eaton") supports the project as a whole, the Town strongly objects to the routing of the
transmission line and the siting of the proposed Graham Creek Substation. In advancing sites
that benefit PSCo, PSCo has conveniently ignored current development patterns and disregarded
recognizable future growth, offering scant justification for drawing a line surrounding. and
preventing growth in and around, Eaton on two sides.
Rather than P Co, s preferred erred transmission route, Eaton favors an alternative transmission
route that continues east on County Road 78 andsouth between County Road 41 and County.
Road 43, depicted and highlighted on Exhibit A attached hereto. The alternative transmission
route is practical and logical for numerous reasons. The route follows a direct course from the
WAPA Substation to the Cloverly Substation. The route is east of U.S. Highway 85, where
growth and development will be negligible for years to come. And, most importantly, the route
does not disrupt the existing growth patterns occurring west and south of Eaton. It is common
knowledge that growth and development between Eaton and the City of Fort Collins to the west
and Eaton and City of Greeley to the south is on the fast track. Among many other examples of
growth, Eaton recently annexed two properties on the west side of Town. located on the map
attached as Exhibit B as the Leffler Annexation and the School District Annexation, and has
engaged in preliminary discussions with a property owner regarding annexation of p ro erty
located west of the Leffler Annexation. Intergovernmental discussions, which include the
County, are regularly occurring to address the growth issues. Placing a transmission line outside
of the growth area is the better, long-term plan.
I ticartptvtated 1892
Unlike Eaton's preferred route, PSCo seeks approval of a route located in the heart of the
growth pattern that creates a zig-zag course surrounding Eaton. A graphic depiction of the
impact of Po" s proposed route is shown on Exhibit B attached hereto. The route would
disrupt the current and natural growth patterns in the Town and limit Eaton's potential for future
growth and. development.
Besides squeezing Eaton on two sides, PSCo's preferred route is poorly located alone the
Great Western Trail and near the Eaton Area Community Center. Those public amenities,
resulting from hard work and dedication, provide a substantial benefit to the residents of Eaton
and the surrounding communities. Because there is a perfectly reasonable alternative, there is no
legitimate reason to compromise those community facilities.
Tellingly, PSCo's justification for choosing a route cutting across the west and south of
Eaton is based on tenuous grounds. !o.1 almost entirely on its choice for picking the
preferred transmission line route by first picking its preferred location of the Graham Creek
Substation, which is marked as Graham 1 on Exhibit C attached hereto. But PSCo offers only a
superficial explanation for the choice of that location, which explanation is contained in the
Graham Creek Substation Site Evaluation Results ("Site Evaluation"), attached as Exhibit D
hereto. The Site Evaluation uses rudimentary concepts with a simple scoring methodology,
creating categories of concepts that purportedly benefit PSCo and omitting categories that don -t,
with little or no reasoned or sophisticated analysis.
While looking only at current circumstances, the Site Evaluation wholly and conveniently
disregards the growth patterns. The Site Evaluation provides that there are is only, 1 residence
within 200 feet and 2 residences within 200 feet and .25 mile of Graham I but igmores that,
without the substation and transmission line in that location, the number of residences will likely
exponentially increase in the relatively near future. The Site Evaluation states that it is not
within 500 feet of an existing park/recreation site, but ignores that it directly abuts the Great
Western Trail and is in relatively close proximity to the Eaton Area Community Center. See
Exhibit B. The Site Evaluation, by its own terms, only looks at "existing use," providing a short
sighted analysis and disregarding the real and practical reality of the potential for growth and
development of the surrounding area.
Rather than Graham 1, Eaton believes that Graham 3 is the preferred location for the
substation. See Exhibit C. Graham 3 is near the southeast corner of the Town, east of U.S.
Highway 85 and in close proximity to industrial uses. Graham 3 would be the least disruptive to
Eaton and its residents and would not disturb the growth occurring west and south of Eaton's
current municipal boundaries. Evidence of the viability of choosing Graham 3 may be found in
PSCo's Site Evaluation, which shows relatively little difference between the Graham 1 and
Graham 3 sites.
After relying upon questionable and self-serving grounds (PSCo would have fewer
property owners with whom to negotiate) to choose Graham 1 as the site of the substation, PSCo
quickly does away with placement of the transmission route on the east side of the Town.
Providing only a cursory response to Town staff and public requests that the transmission line be
placed east of U.S. Highway 85, PSCo offers a few short paragraphs that contain no real analysis
5nco.'tpwaded 1892
or insight. PSCo does not even directly address the impacts of routing the line between County
Road 41 and County Road 43, but states in a co roc l usor y fashion that "no real advantages arise by
siting the project further east." Sec Page 4-29 of Appendix B to the Northern Colorado Area
Plan.
As a part of the permit application., PSCo is required to provide an ``[ajnalysis of the
long-term effects of the proposed site selection and construction upon the physical and
socioeconomic development of the impact area," Weld County Code § 21-3-330(B)(5)(8), and an
"[a]nalysis of reasonable structural alternatives to the project such as alternate locations and
routes," Weld County Code § 21-3-3300)0)(10. Outside of payinlip service to the basic
concepts, PSCo has wholly failed to provide the required analysis and has thus failed to meet the
basic requirements for submission of the application.
More, to approve the application for a permit, the Board of County Commissioners must
find that ``[a_111 reasonable alternatives to the proposed action have been adequately addressed 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." Weld
County Code § 21-3-140(A)(3). Based on the information provided, the Board of County
Commissioners will not be able to make that requisite finding.
The location of the preferred transmission line route and the siting of the proposed
substation are no! in the best interests of the people of the County. The proposed locations are
only in the best interests of PSCo. But PSCo's short-term burden in negotiating easements and
rights of way should not supersede the long-term detriment that will be caused to the Town of
Eaton.
The Town of Eaton respectfully requests that the Planning Commission recommend
denial of PCo's application for a special review permit until PSCo provides an alternative route
for the transmission line and an alternative site for the Graham Creek Substation.
Sincerely,
Town of Eaton
By: Kevin Ross, Mayor
cc: Town Board of the Town of Eaton
Gary Carsten, Town Administrator
Jeff Schreir, Assistant Ton Administrator
jacetpwtated 1892
A UL T (WAPA)
\SUBSTATION
Exhibit A
COUNTY ROAD 86
COUNTY ROAD 84
AULT SUBSTATION
(to be removed)
HIGHWAY 14
COgNTY ROAD 78
COUNTY ROAD 74
COUNTY ROAD 70
HIGHWAY 392
COUNTY ROAD 66
ame Preferred Transmission Line Route
Alternate Transmission Line Route
New Husky Substation
New Graham Creek Substation
RESPONSIBLE BY MATURE"
LOVERLY
BSTATJON
CLOVEIL
TAP
Exhibit B
Great Western Trail
5-1./.1;.
'+0
85-.
,,
Town of Eaton Recent Annexations.
1. Leffler 4th Annexation Sep. 21r 2017
2. Fagerherg Annexation Dec. 21. 2017
3. Eaton School Annexation April 16, 2015
SCALE: 1" = 5,000'± Xcel Transmission Exhibit
WCRGS
Drawing: P:11127-001 Town of Eaton\Dv' \EXHI5IT\XceI Transmission Exhibit - 2018.dwg. Saved: Wed, October 31, 2018, 2:01:25pm, Drawing Tab! CP - EXHIBIT,
Exhibit C
?0, X�eIEnergy°
Northern Colorado Area Plan
Transmission Routing and Substation Siting Study
kap S.
Gratify,? Creek Substation Alltemattive Sites
r al -.s e1VA.
{
Gloom Creek Ssgislatice P►$erreciAM ernatroe
Co anani Cltk Sutlauon Meindins
Existing Features
Rbl+Ir ad
(Anal
Rivet
take Fiona
MUricipstify
Exists `rr,nsnn.lssion
2304W
•1 kv
C
C. •
4 . a�
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Graham CreeK Substation Alternatives
4-10
Exhibit D
Xcel Energy
Northern Colorado Area Plan
Transmission Routing and Substation Siting Study
table 44 Graham creek Substation Site Evaluation &esults
Siting Criteria
GCI1
0C2
GC3
GC4
GC5
GC6
Agricultural Uses Criteria Results
Irrigated
land
removed
from
production
0
1
1
1
1
1
Residential
Land Uses Criteria Results
Number
of residences
removed
Number
of
residences
within
200
feet
2
1
1
2
1
3
Number
of
residences between
200 feet
and 0.25 mile
3
2
7
24
36
133
Located
undeveloped
within
subdivisions
planned
residential
areas, including
0
0
0
0
0
0
Industrial/Commercial
Land Uses,
Including Feedlots Criteria
Results
Impacts
on
an existing use
0
0
0
0
0
0
Impacts
on
planned
commercial
areas
0
0
0
0
0
0
Recreational
Land Uses
Location
within
500 feet of existing
park/recreation site
0
0
0
0
0
0
Location
within
500 feet
of planned
park/recreation
site
0
0
0
0
0
0
Institutional/Special
Land
Uses
Criteria Results
Location
within
500
feet
of
school
0
0
0
0
0
0
Location
within
500
feet
of
cemetery
0
0
0
0
0
0
Number
of
oil
and gas wells
within
200 feet
(active)
0
2
1
2
1
0
Number
of
oil
and gas tanks/batteries
within
200
feet
0
1
0
0
0
0
Natural
and Cultural
Resources
Criteria Results
Number
of cultural
sites within
100
feet
0
0
0
0
0
0
Visible
from designated
scenic
byway (0.25 mile)*
0
0
0
0
0
0
Number
of trees
removed
0
0
0
0
0
0
Site contains
potential
wetland
or 100
-year floodplaint
0
0
1
0
0
0
Site contains 500 -year
floodplain
0
0
0
0
0
0
Impacts
including
on
raptor
designated
nests
sensitive
and
roosts
or
important
habitat,
0
0
0
0
0
Site contains
issues)
Superfund sites
(or other
environmental
0
0
0
0
0
0
Site contains
potentially
contaminated
soils/landfills*
0
0
0
0
0
0
Number
of
raptor
nests within
0.25 mile
0
0
p
0
0
Engineering Criteria
Results
Difficult
transmission
access
0
0
0
1
1
1
Lacks
public
road access
0
0
0
0
0
''L rl''l�rlrk�!.w"t•
Lowest Effect
Moderate Effect
Highest Effect
1 P referred Site
*A score of 0 indicates 'no,' a score of '1' indicates `yes.'
Ael ^
ENINI..-..
f
- Great Western Trail ' .f f
I
•
1/2 Mile —72
Comprehensive
jr—Plan Area
Nei aIEN--••_
Town of Eaton Recent Annexations.
1. Leffler 4th Annexation Sep. 21, 2017
2. Fagerberg Annexation Dec. 21, 2017
3. Eaton School Annexation April 16. 2015
::a
EXISTING TOWN
BOUNDARY
fY• ti�r_1C-�.•
Hello