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HomeMy WebLinkAbout2.0 PC Staff Report 04.08.2015Planning Commission, April 8, 2015 Exhibits — Public Service Company Rifle to Parachute Transmission Line Project Exhibit Letter (A to Z)��...�.,.�rrry Exhibit A Public Hearing Notice Affidavit, with attachments B Garfield County 2013 Land Use and Development Code, as amended C Garfield County Comprehensive Plan 2030, as amended D Application E Staff Report F Staff Presentation G Letter dated March 19, 2015 from Steve Anthony, Vegetation Management H Email with attached Letter, dated March 22, 2015 from Scott Hoyer, CPW I Letter dated March 20, 2015 from Orrin Moon, Colorado River Fire Rescue J Letter dated March 23, 2015 from Chris Hale, Mountain Cross Engineering K Email dated March 17, 2015 from Wyatt Keesbery, Road & Bridge L Response from County Sheriff's Office M Email dated March 24, 2015 from Rob Ferguson, Grand Valley FPD N Letter dated March 25, 2015 from Morgan Hill, Environmental Health O Draft Resolution for Planning Commission consideration P Applicant response letter to referral comments, dated March 31, 2015 Q Email dated April 3, 2015 from Lois and Will Wilson R Response letter dated April 6, 2015 regarding CPW comments S Email dated April 6, 2015 in response to Lois and Will Wilson comments T Letter received April 7, 2015 from Byron Libby U Email dated April 7, 2015 in response to Libby comments V Applicant's Presentation W X Garfield Coun PUBLIC HEARING NOTICE INFORMATION EXHIBIT Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. My application required written/mailed notice to adjacent property owners and mineral owners. KPM Mailed notice was completed on the _24 day of _March , 2015. KPM All owners of record within a 200 foot radius of the subject Right -of -Way were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. KPM All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] and ERO was contacted by individual mineral owners and provided current addresses. ■ Please attach proof of certified, return receipt requested mailed notice. My application required Published notice. KPM Notice was published on the _12_ day of _March , 2015. • Please attach proof of publication in the Rifle Citizen Telegram. ® My application required Posting of Notice. KPM Notice was posted on the _12 day of MARCH , 2015. KPM Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. Name: Kathleen Middleton Signature: Date: March 29, 2015 TYPE OF REVIEW REQUEST APPLICANT Planning Commission April 8, 2015 Location and Extent LAEA 8216 F- m W PROJECT INFORMATION Location and Extent Transmission Line Project — Rifle to Parachute Derek Holscher for Public Service Company of Colorado / Xcel Energy REPRESENTATIVE Aleta Powers — ERO Resouces Katy Middleton - Blue Sky Permitting & Planning LOCATION South side of 1-70 between Rifle and Parachute I. DESCRIPTION OF THE PROPOSAL The proposed Rifle Ute -Parachute 230kV 11 transmission line project is proposed to serve future load growth caused by the increasing natural gas development in Mesa and Garfield counties as well as to provide redundancy in the system. The application includes improvements to the two subject substations as well as an upgrade in capacity to the electric service to the Parachute and Rifle communities. The transmission line is approximately 20.5 miles long with an associated 150 -foot right-of-way, all of which will be located within the existing utility corridor for 18.5 miles, with creation of approximately two (2) miles of additional corridor. Steel H -frame structures, 75-120 feet high, will be installed to support the transmission line with a construction timeframe for the project of 9 to 12 months. This project will commence at the Rifle Ute Substation located south of the Garfield County Regional Airport. Rifle Ute Substation • ±55 -acres parcel described as Assessor Parcel Number 2177-144- 00-285 • Legal: Lot 2 of the Public Service — Garfield County Regional Airport Exemption Plat. There are no County Land Use Permits associated with this parcel with the 1 1 p a e U-1" .M Planning Commission April 8, 2015 Location and Extent LAEA 8216 exception of the Subdivision Exemption noted above. The substation transmission lines were subject to a Special Use Permit from Garfield County, Resolution 83-296 issued to the Colorado Ute Electric Association, Inc. Proposed Improvements to the Rifle Ute Substation include: • Two (2) Dead -End Towers • Static Lines • 230 kV Conductors • Ten (10) Disconnect Gang Switches • Six (6) Surge Arresters and six (6) CCVTS • Three (3) SF6 Circuit Breakers Parachute Substation • 8.83 -acre parcel described as Assessor Parcel Number 2407- 063-00-141 • Special Use Permit 82-95 • Two amendments to SUP Proposed Improvements include: • Two (2) Dead -End Towers • Static Lines • 230 kV Conductors • Four (4) Disconnect Gang Switches & Six (6) Disconnect Gang Switch Supports • Three (3) Surge Arresters and one (1) CCVT • Two (2) SF6 Circuit Breakers out : station Location The process to upgrade this transmission line began several years ago for Public Service Company when they obtained a Certificate of Public Convenience and Necessity from the Colorado Public Utilities Commission (PUC). Subsequent review of an Environmental Assessment was required as the utility corridor crosses public lands. The EA process considered two routes for the transmission line and the preferred alternative is the application pending before the Commission. The map of the proposed routing is found below, with a general site plan that is the subject of this request. 21 P g Planning Commission April 8, 2015 Location and Extent LAEA 8216 t. tz.41, Ms Amor, Sho ta.a... Sr. fliA4* Wage 0. 00 )00.0 Ascot too,• e Abitstra al% , / 4 V • 6 ''''Q ;T..' .. . , a - ' . , v Ag ,.• ' h '- 1 ..-44/ . _ , . 0:ir A 4 , .. , .• • • 4 / . . , Xcel M$e to Parachute Trareeission • - A Plropmed ' Lim EA , „ .,I ;1. , ' 4" . '...7. 7,- ..• FRU . ,Asv1-. *A.m., ' :.-77, - '''''' AbirAW.. - Atimil • A ........... a — Faimnse ArtagmenicAs CortickAr 5Z I. . atm:I 44,44,40v Figure 1- Transmission Line t. tz.41, Ms Amor, Sho ta.a... Sr. fliA4* Wage Planning Commission April 8, 2015 Location and Extent LAEA 8216 Road Crossings Nine road crossing are proposed within the project area including (east to west) Quicksilver Way, Cedar Banks Road, Beaver Creek Road (CR 317), Spruce Creek Road (CR 329), Morrisania Mesa (CR 301), Rulison-Parachute Road (CR 309), eastbound 1-70, westbound 1-70 and the 1-70 Frontage Road (SH 6). Minimum height clearance of the lines will be thirty-five (35) feet. Permits will be obtained from the local permitting authorities for these crossings. These will include County Road & Bridge, CDOT, FHA, and at least one homeowner association. River/Stream Crossings The corridor will cross the Colorado River east of the Town of Parachute. Staging Areas Sixteen Staging Areas are proposed to be located along the utility corridor, all to be located on private land, including land owned by the Board of County Commissioners adjacent to the Rifle Airport. These staging areas are proposed to be 10 to 20 acres in size and agreements will be established upon approval of the L&E. A total of 68 parcels and 45 property owners will be directly affected by this project. 11. ADJACENT USES AND ZONING gure 3 - Grass Mesa Power Lines The utility corridor site is located south of 1-70 between the two subject substations, the Rifle Ute Substation and the Parachute Substation. The corridor is located on City/Town lands, as well as private and public lands zoned Resource Land, Rural, Commercial Limited, PUD, and Public Lands broken down as follows: Resource Lands: 2 parcels Rural: 54 parcels Commercial Limited: 1 parcel PUD: 1 parcel Public Lands — 4.65 miles Incorporated City/Town: 2 parcels 4 1 P a g e Planning Commission April 8, 2015 Location and Extent LAEA 8216 Adjacent uses to the utility corridor include city/town, commercial, agriculture, residential, and natural resource extraction. The map below identifies the utility corridor and zone districts. RIFLE - PARACHUTE Preferred Route Zoning & Parcels L.gend E zswYa — sw ...ay —Cwnyi local Row Or1240 t• C7. F u; e 4 ..... i III. REFERRAL RE NSES Submittal documentation was forwarded to the numerous federal, state and local agencies for review and response. Comments have been received from: Road and Bridge, Exhibit K: Wyatt Keesbery responded to the referral request that there were no issues identified in reviewing the proposal. Sheriff's Department, Exhibit F: Jim Sears responded that there are no issues with this request Vegetation Management, Exhibit G: Mr. Anthony responded that noxious weed management is addressed in sufficient detail and that the Applicant is encouraged to follow the reclamation and vegetation management procedures outlined in the application. 5 i P a g e Planning Commission April 8, 2015 Location and Extent LAEA 8216 Environmental Health, Exhibit N: Morgan Hill provided responses that included a question on whether the project required an Air Pollution Emission Notice (APEN), the proposed hazardous spill program should be submitted to the Community Development Department, and a water quality section should be included in the Environmental Assessment (EA). Mountain Cross Engineering, Exhibit J: Chris Hale reviewed the application and provided the following comments: 1. A few of the towers will be located in the mapped floodplain therefore the Applicant should determine the necessity of floodplain permitting from Garfield County; 2. Land negotiations have not yet occurred therefore the Applicant should address how these negotiations may impact the proposed alignment; 3. The Applicant should address the need for any public road closures during the construction; 4. The Applicant did not provide geotechnical analysis or tower foundation designs; 5. Grading, drainage, utilities and erosion control should be addressed with regard to the improvements to the two sub -stations; 6. A Storm Water Management Plan should be submitted. Colorado Parks and Wildlife, Exhibit H: Scott Hoyer responded that CPW had provided comments on the project during BLM's Environmental Assessment (EA) process. A copy of those comments was provided. Colorado River Fire District, Exhibit I: Orrin Moon provided the following responses: 1. The fire district will require a pre -construction meeting in order to address emergency response; 2. The plans do not include emergency policies or plans; 3. A Hot Work Permit may be required; 4. If a helicopter will be used for construction of the towers a plan shall be submitted to the fire district for review; 5. Any fuel tanks and dispensing of fuel shall follow IFC regulations; 6. Additional fire suppression equipment may be required due to wildfire danger; 7. A Knox Padlock shall be utilized to allow emergency response to construction and storage sites. Grand Valley Fire Protection, Exhibit M: Rob Ferguson reiterated many of the comments from the Colorado River Fire District. The following agencies did not respond to the request for comments: City of Rifle Town of Parachute BLM Pursuant to Section 4-111 of the Land Use and Development Code and consistent with C.R.S. 30-28-110, the Planning Commission shall either approve or disapprove the application for a Location and Extent 6 1 a g e Planning Commission April 8, 2015 Location and Extent LAEA 8216 Review based on general conformance with the Comprehensive Plan. In the event the Planning Commission finds the application is not in general conformance with the Comprehensive Plan and disapproves the application, the Applicant may appeal the disapproval to the applicable governing body in accordance with C.R.S. § 30-28-110(1)(b) or (c). Approval criteria for this request is based upon a determination by the Planning Commission that the project is in general conformance with the Comprehensive Plan. ION Compliance with the Comprehensive Plan 1. Future Land Use— The utility corridor will traverse a variety of designations in the Future Land Use Map, as shown on the map below. Future Land Use Map O.dMNC. p ...wYw►1..ZO3O wA...Y.J w. * rnvsce 0, Figure 5 Future Land Use Map with Utility Corridor T The map indicates that large portions of the transmission corridor are located within the Urban Area of Influence of the City of Rifle and the Town of Parachute. The Comprehensive Plan states that the County directs development to Urban Growth areas where public services and infrastructure are provided in an efficient and cost-effective manner. This project will conform to the vision of urban growth by providing sufficient and reliable electrical service to the communities. 2. Housing — The Comprehensive Plan Vision is, in part, that housing should be "...located near existing infrastructure and amenities so that families can live, work and play in their 7 r a Planning Commission April 8, 2015 Location and Extent LAEA 8216 communities." The application seeks to expand electrical service as well as provide a reliable second source of power into central Garfield County communities. 3. Transportation — The existing utility corridor is proposed to be utilized to the extent possible, with 2 of 20.5 miles of the corridor being located outside of the existing corridor. This will limit the need to construct roadways to access the corridor. Increased traffic will be a short-term impact during construction and traffic will be limited to County and BLM roads in the project area. Principle roads that will be impacted include CR 309, 301, 351, 329, 325, 317, Mustang Mesa Trail, Quicksilver Trail, BLM road and Oil & Gas exploration spur roads. 4. Economic, Employment and Tourism — Reliable electric service is a necessity in maintaining a strong and diverse economic base, particularly commercial and industrial growth. Tourism is an important part of the regional economy. The transmission line project will not decrease public land use or prohibit access to trails. 5. Recreation, Open Space and Trails — The proposed project is designed to minimize visual impacts and will not prohibit access to public lands or any area of the Colorado River corridor. 6. Agriculture — The vision to preserve the rural character and agricultural heritage by encouraging the retention of important agricultural lands will not be impacted by the proposed project. The transmission line corridor will be constructed primarily in the existing corridor thereby limiting visual impacts. The existing substations are located adjacent to Parachute and Rifle which will limit potential impact to agricultural lands. 7. Water and Sewer Systems — The County vision includes the preservation of water quality and the proposed transmission project will implement adequate controls for surface and groundwater. A Stormwater Management Plan and Spill Prevention Plans will be implemented during construction and operation phases. 8. Natural Resources — Preservation and enhancement of habitat for wildlife, native vegetation, riparian corridors, scenic and other important features of the natural environment. The project is consistent with the vision and impacts to open space and visual landscape will be minimized by construction within the existing corridor. 9. Mineral Extraction — The availability of increased electrical capacity will allow the oil & gas industry to use electrical -driven equipment, reducing noise and air emissions impacts. 10. Renewable Energy — Xcel Energy does not currently have any renewable energy facilities in Garfield County however does own a solar garden in Grand Junction. 8P a g e Planning Commission April 8, 2015 Location and Extent LAEA 8216 1. That proper public notice was provided as required for the hearing before the Planning Commission. 2. That the hearing before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the Location and Extent for Public Service Company of Colorado for the Rifle to Parachute Transmission Line Project is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is generally consistent with the Garfield County Comprehensive Plan 2030, as amended. VH. PLANNING COMMISSION DELIBERATION AND DECISION The Planning Commission is the decision -maker on this request and has the option to approve or disapprove the request for Location & Extent. Should a decision for approval be rendered, a motion should include authorization for the Chairman to sign the Resolution, a draft of which was included as Exhibit 0. 9 1 P a g e March 19, 2015 Garfield County Kathy Eastley Garfield County Community Development Department RE: Xcel Transmission Lines — Rifle to Parachute — LAEA8216 Dear Kathy, Thank you for the opportunity to comment on this permit. Noxious Weeds Vegetation Management Noxious weed management is addressed in sufficient detail in the Application Narrative. It is suggested that the applicant follow the procedures outlined in the narrative regarding weed -free construction equipment and the cleaning of equipment prior to off-site removal. As also stated, "weeds present in the pole construction locations would be treated prior to surface disturbing activities." Reclamation The applicant is encouraged to follow the reclamation and vegetation management procedures outlined for federal lands, on private lands as well, per the request of the landowner. These procedures are outlined on pages 9-12 of the Envvironmental Assessment section. The private lands seed mix listed in this section is acceptable. Steve Anthony Garfield County Vegetation Manager 0375 County Road 352, Bldg 2060 Rifle, CO 81650 Phone: 970-945-1377 x 4305 Fax: 970.625-5939 From: Hover - DNR, Scott To: Kathy A. Eastley Subject: Xcel Transmission Lines - Rifle to Parachute Date: Sunday, March 22, 2015 9:59:11 AM Attachments: xcelline.dooc Dear Ms Eastley, Thank you for the opportunity to provide comments on the proposed Rifle to Parachute transmission line (LAEA8216). Colorado Parks and Wildlife provided comments on this project in 2012 during the drafting of the EA by the BLM's Colorado River Valley Field Office. I have attached this letter for reference. These comments effectively capture the CPW's concerns regarding impacts to wildlife and habitat and the document contains multiple suggestions for mitigating impacts. Please contact me if you have any questions or concerns. Thank you Scott Hoyer District Wildlife Manager, Parachute COLORADO PARKS & WILDLIFE Northwest Regional Office 711 Independent Ave.. Grand Junction, Colorado 81505 Phone (970)255-6100 • FAX (970)255-6111 wildlife.state .co.us • parks.state.co us December 6, 2012 Steve Bennett, Field Manager Bureau of Land Management Colorado River Valley Field Office 2300 River Frontage Road Silt, CO 81652 RE: Xcel Energy Rifle to Parachute 230 kv Transmission Line EA Comments Dear Mr. Bennett: Thank you for the opportu nity to review Xcel Energy's Rifle to Parachute 230 kv Transmission Line Project. Colorado Parks and Wildlife (CPW) appreciates the opportunity to be actively involved throughout this planning process. We welcome the effort that Xcel Energy has made to solicit our input with regard to potential impacts to wildlife. CPW has a statutory responsibility to manage all wildlife species in Colorado; this responsibility is embraced and fulfilled through CPW' s mission to protect, preserve, enhance, and manage the wildlife of Colorado for the use, benefit, and enjoyment of the people of the State and its visitors. We encourage Xcel Energy to afford the highest protection for Colorado's wildlife species and habitats. Please consider the following comments in the development of this project. CPW is concerned with the direct and cumulative effects of habitat fragmentation and disturbance resulting from this project as well as potential indirect impacts such as improper reclamation of disturbed areas, increased erosion, sedimentation, and noxious weed invasions. Furthermore, transmission line impacts are compounded by other energy development activities in the area, especially oil and gas drilling. CPW notes that the route of the proposed 230kV transmission line will likely follow close to a pre-existing power line, and encourages Xcel to utilize existing roads and infrastructure to the maximum extent possible to minimize new disturbance to the area. The proposed project area intersects areas of valuable habitat for many wildlife species, including raptors, mule deer, elk, and native fish species. The sensitive habitats for some of these species include nesting, breeding and production areas, critical and severe winter ranges and winter concentration areas. Wildlife habitat map data and shape files can be obtained from the CPW/NDIS website through the following link: http://ndis.nrel.colostate.edu/wildlife.as p STATE OF COLORADO John W . Hickenlooper, Governor • Mike King, Executive Director, Deparbnent of Natural Resources Rick D. Cables, Director, Colorado Parks and Wildlife Parks and Wildlife Commission: Robert W. Bray • Chris Castilian •Jeanne Home Bill Kane, Vice -Chair •Gaspar Perricone •James Pribyl •John Singletary, Chair Mark Smith, Secretary *James Vigil • Dean Wingfield • Michelle Zimmerman Ex Officio Members: Mike King and John Salazar General recommendations for development activities in wildlife habitat include: • Avoid construction within sensitive wildlife habitats during the sensitive time periods (see Appendix B). • Minimize the size and number of new roads. • Identify critical vegetative cover types and adjust development sites to avoid these areas. • Minimize the amount of sagebrush and other shrubs that are cleared for the right- of-way and lay down yards. • Construct transmission lines following breaks in vegetation and topography; avoid construction on ridge tops. • Use monopole tubular steel structures instead of guyed steel lattice and self supporting steel lattice structures. Structures other than monopoles expand the amount of surface disturbance, have high avian collision risks, and/or provide opportunities for predatory bird perching and nest building. • Implement storm water management best management practices to eliminate erosion and sedimentation of water courses, riparian areas and wetlands. • Implement rapid and effective reclamation practices to establish native vegetation or other vegetation beneficial for wildlife. • Limit weed spraying near water courses, riparian areas and wetlands to protect these areas from toxic effects of herbicides. • Develop and implement an effective mitigation plan to offset unavoidable impacts to big game winter range affected by transmission line construction and maintenance. Snecies Snecific Concerns nil Recommendations Raptors Impacts of electric transmission lines on raptor nests, perching and foraging areas, and winter roosting areas are a concern to CPW. The following raptor species have been identified as nesting in the vicinity of the project area along the Colorado River: Bald Eagle, Golden Eagle, Peregrine Falcon, Osprey, Red Tail Hawk, Northern Goshawk, and Great Horned Owl (Appendix A). These species may be affected by transmission line construction and maintenance activities. Raptor nest and roost sites and appropriate buffers surrounding those sites should be avoided wherever possible. CPW recommends that a raptor nest survey be conducted along the designated route as part of the project planning and environmental review process. CPW further recommends that construction of transmission lines, associated structures, and use of temporary material staging areas, occur outside of the seasonal timing limitations and no surface occupancy buffers for identified raptor nests (Appendix B). In addition, the proper separation of power lines and the installation of raptor perch deterrents where needed is recommended to reduce the likelihood of raptor electrocution. CPW 2 recommends that raptor perch deterrents be installed on all transmission structures located within Y2 mile of the Colorado River. Bald and Golden Eagles are federally protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c), which prohibits "take" (defined as to "pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest, or disturb") of eagles without a permit, to include their parts, nests, or eggs. To "disturb" a bald or golden eagle means "to agitate to a degree that causes, or is likely to cause, based on the best scientific information available, 1) injury to an eagle, 2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or 3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior." In addition to immediate impacts, to "disturb" also includes impacts that result from human -induced alterations initiated around a previously used nest site during a time when eagles are not present, if, upon the eagle's return, such alterations agitate or bother an eagle to a degree that interferes with or interrupts normal breeding, feeding, or sheltering habits, and causes injury, death, or nest abandonment. The complete Bald and Golden Eagle Protection Act can be obtained from the U.S. Fish and Wildlife Service website through the following link: http://permits.fws.gov/ltr/ltr.shtml • See Appendix A for a map of raptor nest sites by species. • See Appendix B for Seasonal Timing Limitation s and No Surface Occupancy recommendations for specific raptor species. Big Game Big game has both economic and recreational value to the people of Colorado. Northwestern Colorado has some of the largest herds of migratory mule deer and elk in the western U.S. The proposed transmission line project area would cross sensitive habitats for these species including winter ranges, winter concentration areas, and severe winter ranges for elk and mule deer. Winter ranges provide valuable habitat which are occupied by animals during winter months. Winter concentration areas and critical/severe winter ranges are important habitats because they provide essential forage and thermal cover which help mule deer and elk minimize energy expenditure at a time when they are typically in a nutritional negative energy balance. Energy conservation is critical to calf survival and adult female reproductive fitness (Cook 2002, Parker et al 1984). If the impacts (increased energy expenditure and decreased forage availability) are of sufficient magnitude to cause increased overwinter deer/elk mortality or reduced newborn fawn/calf production and survival, ungulate populations will decline. Winter concentration areas and winter ranges also receive a high amount of use due to an influx of migratory animals. Both elk and mule deer typically display high site fidelity to winter ranges, preferring to use the same areas year after year. Recent studies show that mule deer and elk avoid construction activities and may shift their distribution on winter range in response to development activities (Hebblewhite 2008, Sawyer 2009). Disturbances within winter range can significantly impact the carrying capacities of these herds and have long-term population level effects on how these herds are managed. This is an 3 extremely important consideration given the economic importance of big game animals to the state of Colorado. Generally, proper timing of disturbances, reclamation practices, disturbance widths, and long-term use management (i.e. timing, duration, type, and amount of traffic) of development activities will be critical in reducing the impacts to big game. • See Appendix A for Seasonal Habitat Use maps for mule deer and elk. • See Appendix B for Seasonal Timing Limitation recommendations for mule deer and elk. Native Fish Species, Wetlands/Riparian Areas and Aquatic Resources Wetlands and riparian corridors comprise less than 2 percent of Colorado's landscape but provide habitat benefits to a majority of the wildlife species in the state, including waterfowl and numerous threatened, endangered or species of concern. Project construction and maintenance activities should avoid or minimize impacts to riparian and aquatic habitats to conserve the wildlife species that depend on these habitats. Construction activities in and around wetland and riparian areas can result in direct habitat loss and impact the ecological functions. Wetlands should be surveyed by foot prior to any staging or ground disturbing activities. CPW recommends implementation of a vegetation management strategy designed to protect the functional and vegetative integrity of streams, rivers, creeks, ephemeral streams, or wetlands where they are in or adjacent to the transmission line route. Protection can be accomplished by avoiding the placement of staging areas and the development of temporary roads or road segments within 300 feet of the riparian zones associated with perennial and ephemeral waterways and wetland habitats. When avoidance is not possible, road access to waterways and riparian and wetland habitats should be limited. The proposed transmission line will intersect the Colorado River in the vicinity of Parachute. The Colorado River is designated as critical fish habitat from Rifle to the Utah state line. Multiple fish species exist in this stretch of river, including Colorado pikeminnow and razorback suckers (both Federally Endangered), roundtail chub (Species of Special Concern); other native species including mountain whitefish, bluehead suckers, flannelmouth suckers and speckled dace; and sport fish including rainbow, brown, and cutthroat trout. Native amphibians that are present and could be impacted by the project include the Northern leopard frog (Species of Special Concern) and Woodhouse's toad. The proposed transmission line will also cross multiple tributaries to the Colorado River, some of which are aquatic designated cutthroat trout habitat (Battlement Creek, Beaver Creek). Several fish species, including cutthroat trout, migrate seasonally up and down tributaries along the Colorado River as part of their annual life cycle. The Colorado River between Parachute and Rifle contains multiple tributaries, and any barriers or disturbance of these stream channels could negatively impact fish, especially during fish spawning seasons. After spawning, the eggs incubate in the gravel until the yolk sac is absorbed and the larval fish can swim up through the gravel and into the main body of water. Incubating eggs can be smothered by the excessive deposition of sediment, and further affected by fungal spores carried in the sediment. Adults can be affected by the same fungal spores with high mortality rates. 4 • Fish spawning dates and incubation times vary by species, elevation and temperatures (see Appendix B for spawning season avoidance recommendations for native fish species). Recommendations for development within critical fish habitat include: • Avoid areas within 1/2 mile of standing water bodies. • Minimize sedimentation and erosion during the construction and maintenance of the project near all water crossings. • Avoid low water crossings of all waterways and wetland habitats, and construct any necessary stream crossings "in the dry." • Keep construction or staging areas outside of the 100 year flood plain of the Colorado River. Construction and associated activities should be least 300 feet from the river and out of the riparian area of any perennial creek. • Collect and analyze water samples to monitor water quality before, during and after occupation and document data and changes. • Avoid impacts to trout and other key aquatic species during spawning and hatching periods (see Appendix B). • Permanently close new access roads and reclaim to pre -disturbed condition as appropriate to the ecological site. ▪ Promptly re -vegetate all drainage and riparian area surface disturbances with locally adapted native species preferred by wildlife. CPW can provide recommended seed mixes. • Replace non-native riparian vegetation such as tamarisk and Russian olive with appropriate native plantings such as cottonwood or willow. • Control weeds along riparian corridors and manage livestock access to stream crossings to maintain riparian corridor health. • Notify CPW immediately of hazardous materials spills, especially those that occur near a riparian area. • Consult with the Army Corps of Engineers regarding any excavated material or dredge/fill related to drainage or wetlands. • Disinfect heavy equipment, hand tools, boots and any other equipment that was previously used in a river, stream, lake, pond, or wetland prior to moving the equipment to another water body. The disinfection practice should follow this outline: a. Remove all mud and debris from equipment and spray/soak equipment with a 1:15 solution of disinfection solution containing the following ingredients: 1. Dialkyl dimethyl ammonium chloride, 5-10% by weight; 2. Alkyl dimethyl benzyl ammonium chloride, 5-10% by weight; 3. Nonyl phenol ethoxylate, 5-10% by weight; 4. Sodium sesquicarbonate, 1-5%; 5. Ethyl alcohol, 1-5%; and 6. Tetrasodium ethylene diaminetetraacetate, 1-5%; 5 7. and water, keeping the equipment moist for at least 10 minutes and managing rinsate as a solid waste in accordance with local, county, state, or federal regulations; or h. Spray/soak equipment with water greater than 140 degrees Fahrenheit for at least 10 minutes. In summary, the proposed project has the potential to affect numerous wildlife species along the Colorado River corridor. Many critical wildlife habitats, such as raptor nest sites and important big game winter range, are traversed by the proposed transmission line alignment. Wildlife in Colorado are experiencing habitat impacts at an unprecedented rate with increased urban and rural development, associated recreational activities and energy development. CPW encourages Xcel to continue to work with and seek input from the local agency personnel during the planning phase and to put effort into avoiding potential impacts identified in this letter. Thank you for the opportunity to comment on this very important transmission line project. If you have any further questions or concerns, please contact District Wildlife Manager Elissa Knox at 970-250-0873. Sincerely, 2. JT Romatzke, Area 7 Wildlife Manager Colorado Parks and Wildlife cc: Ron Velarde, Northwest Regional Manager Dean Riggs, Assistant NW Regional Manager Brad Petch, Senior NW Conservation Biologist Sherm Hebein, Senior Aquatic Biologist Daniel Neubaum, Conservation Biologist Michael Warren, Energy Liaison File Attachments: Appendix A -Habitat Maps Appendix B - Recommended Seasonal Timing Limitations, No Surface Occupancy, and Spawning Avoidance 6 Red-tailed Hawk —f A N `.1) A E 11 E f LD - 65 v) a) 0) as (1) D) 0 WS aa)) p C E 72 o N c E o m. i a i a, P 2 a w w r. • Alcvc � Ni(gtEa 7Ki19'i$72[e2[e��ypa y 1 ._� _ _ vvvill )% 43Na17Y � bal➢4t g4 +ff F � wlna nu;>I 1 �h atY�l)i lyti 7 . 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A� }tt 12�e „„. ,0,JlG i2ai.a/0 � r N ,aur iaes•-.a�ssc=m,a.. ,.in^• mmoanel yrs '.�"araeciari ung i eta ai{a.-..T 3Ma.a■Li....m ■2rn Llai —.a a -a amm _nave ever asintn+re, v't2ZO '^^SR �c: .O. 0 /9,/ i - e aaevaara a ralrKra1c x ■H cbil 00ie13614 PEi sY.nmraaDolens Cnnr .h,.cLt r 1'aaeITr,1e HOSElo ot aS; near Es 411.5-::.s„,'J„,,399rS6ii3/4 aria zw;14c1 4,omearcrr1avaV waaceetl]N. 11 .nsa_mrcaeea¢'ky�Vvean'n�arwi SaTfames/sn1 tAGla mci.alifl Ul I APPENDIX B - Recommended Seasonal Timing Limitations, No Surface Occunancv, and Spawning Avoidance 1) RAPTORS Recommendations for Seasonal Timing Limitations: No development activity within nest buffers or roost sites during the defined nesting or roosting dates for the following species: • Bald eagle nest sites -no development activity within 1/2 mile of active sites between November 15 and July 31 • Bald eagle winter roost sites -no development activity within 1/2 mile of roost sites between November 15 and March 15 except for periodic visits within the buffer zone after development which should be restricted to the period between 10:00 am and 2:00 pm. • Bald eagle winter concentration areas — no human disturbance within any mapped winter concentration areas between November 15 and March 15 • Ferruginous hawk nest sites and alternate nest sites - no human disturbance within 112 mile of nest sites or alternate nest sites between February 1 and July 15 • Golden eagle nest sites -no development activity within 114 mile of active nest sites between December 15 and July 15 • Osprey nest sites -no development activity within 114 mile of active nest sites between April 1 and August 31 • Peregrine falcon nest sites -no development activity within 112 mile of active nest sites between March 15 and July 31 • Northern Goshawk nest sites- no development activity within Y2 mile of active nest sites between March 1 and September 1 • Red-tailed hawk nest sites- no development activity within 113 mile of active nest sites between February 15 and July 15 Recommendations for No Surface Occupancy (NSO): • Areas within 114 mile of active, inactive or historic bald eagle nest sites • Areas within 1/4 mile of active bald eagle winter roost sites • Areas within 1/2 mile of active ferruginous hawk nests or alternate nest sites • Areas within 1/4 mile of active, inactive or historic golden eagle nest sites • Areas within 114 mile of active, inactive or historic osprey nest sites • Areas within 112 mile of active, inactive or historic peregrine falcon nest sites • Areas within Y2 mile of active, inactive or historic northern goshawk nest sites • Areas within 113 mile of active, inactive or historic red-tailed hawk nest sites 10 2) BIG GAME Recommendations for Seasonal Timing Limitations: • Mule deer winter range -no development activity between December 1 and April 15. • Elk winter range -no development activity between December 1 and April 15. 3) NATIVE FISH Recommendations for spawning season avoidance for native fish species: • Cutthroat trout: May 1 - September 1 • Rainbow trout: March 1 - June 30 • Brown trout: October 1 - May 1 • Sculpin: May 1 - July 31 • Bluehead sucker: May 1 -July 31 • Flannelmouth sucker: April 1 -July 1 • Roundtail chub: May 1 -July 31 • Speckled dace: May 1- August 31 • Mountain Whitefish: Oct 1 - November 30 11 Colorado River Fire Rescue 2 a EXHIBIT Kathy Eastley Garfield County Building and Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Reference: Xcel Transmission Lines- Rifle to Parachute March 20, 2015 Kathy: I have reviewed the referral request of Xcel Transmission Lines- Rifle to Parachute, File # LAEA8216. Colorado River Fire Protection District will be hereinafter "CRFPD". The following are the comments I have for this project: 1. CRFPD will require a pre -construction meeting with Xcel and the power line contractor to address emergency response and special rescue needs during the construction of the power line. 2. The plans show no emergency policies or plans. When Xcel chooses a contractor, the contractor's emergency plan shall be submitted to CRFPD for review. 3. A Hot Work Permit may be required for the staging, tower site, and storage areas. The International Fire Code (IFC) 2009 edition chapter 26 covers the requirements pertaining to these areas. Xcel and their contractor shall submit plans to CRFPD on what type of work will be done in the power line construction area. 4. Due to the isolated areas of the project, I believe that a Helicopter may be used for the construction of some of the towers. This raises questions of helicopter staging and fueling. A plan shall be submitted to CRFPD for review. 5. Any fuel tanks and dispensing of fuel in construction areas shall follow the IFC chapter 3406 Special Operations. 6. Additional fire suppression equipment may be required due to the potential wildfire danger in the area of the power line construction. Page 1 of 2 Colorado River Fire Rescue 7. Any locked gates that access the construction sites, storage areas or equipment staging areas shall be equipped with a Knox Padlock and will be supplied by the contractor. This must be approved by land owners of which the access road crosses. Thank you for allowing me to review this project and feel free to contact me with any questions or concerns. Orrin D. Moon, Fire Marshal Office, 970-625-1243 Cellular, 970-379-2932 Page 2 of 2 MOUNTAIN CROSS ENGINEERING, INC. March 23, 2015 Ms. Kathy Eastley Garfield County Planning 108 8`" Street, Suite 401 Glenwood Springs, CO 81601 1 Civil and Environmental Consulting and Design RE: Review of Xcel Transmission Lines — Rifle to Parachute: LAEA8216 Dear Kathy: 1 EXHIBIT J This office has performed a review of the documents provided for the Location and Extents Application of the proposed Xcel Transmission Lines from Rifle to Parachute. The submittal was found to be thorough and well organized. The review generated the following comments: 1. The application proposes that a few towers will be located in the mapped floodplain. The Applicant should address if floodplain permitting is required from Garfield County. It is agreed that it is very unlikely that the towers would adversely affect the floodplain. 2. The Applicant proposes to obtain agreements and/or permission for staging areas after County approval. Similarly, the application materials do not provide any information on land agreements or condemnation for affected land parcels. The Applicant should address if and how land negotiations may affect the proposed project alignment. 3. The proposed alignment crosses several public roads. The Applicant should address if there will be any road closures necessary and for how long. 4. The Application does not provide any information on tower foundation designs or any applicable geotechnical analysis. 5. The application proposes improvements to two sub -stations. The Applicant should address any site improvements that may be necessary to the sub -stations concerning grading, drainage, utilities, erosions control, etc. 6. The Applicant should submit the Storm Water Management Plan that will be necessary for the CDPHE Permit to Garfield County for review. Feel free to call if you have any questions or comments. Sincerely, Mounta' 'Cross Engine ing, Inc. L.) Hale, PE 8261/2 Grand Avenue, Glenwood Springs, GO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com From: Wyatt Keesbery To: Kathy A. Eastlev Subject: Xcel transmission line Date: Tuesday, March 17, 2015 8:52:21 AM EXHIBIT Kathy, After looking at the plans for the new Xcel Energy transmission line from Rifle to Parachute, I see no issues for them to continue with the proposed plan. Thanks Wyatt Kew Garfield County Road Bridge District Foreman 0298 C.R. 333A Rifle, Co. 81650 Office: 970-625-8601 Cell: 970-309-6073 REFERRAL FORM Garfield County Building and Planning Department 108 8th Street, Suite 401, Glenwood Springs, CO 81601 (970) 945-8212/Fax: (970) 384-3470 Date Sent: March Return Requested: EXHIBIT L File Number/Name(s) Project Name(s) Type of Application(s) LAEA8216 Xcel Transmission Lines — Rifle to Parachute Location and Extent Staff Planner: Kathy Eastley (keastley@garficicl-county.com) Phone: 970-945-1377 x 1580 Applicant: Public Service Company — Xcel Energy Phone: Contact Person: Katy Middleton / Aleta Powers Phone: 970-985-8240/970 Location: South side of I-70 from Rifle to Parachute Summary of Request: Xcel Energy proposes construction of a new 230kV transmission line from Rifle to Parachute The Garfield County Planning Department has received a land use request as referenced above. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the Staff Report, we request your response by Monday March 23, 2015. GARFIELD COUNTY Office or Division OTHER Number or Detail Road & Bridge Paper Engineering - Chris Hale Mtn. Cross CD/Paper CD Attorney Sheriffs Dept.- Jim SearsNC- � ')*Xog 1 1 ' �� `� Planning Commission 10 Vegetation Manager CD, Board of County Commissioners Environmental Health CD Public Paper Planner Paper and CD COLORADO STATE LOCAUFED GOVT ENTITIES Parks and Wildlife Division - GJ Office CD City of Ritle CD Town of Parachute CD Bureau of Land Management CD DISTRICTS/SERVICES Colorado River Fiire District CD Grand Valley Fire Protection CD From: Rob Ferguson To: Kathy A. Eastlev Subject: RE: Xcel Transmission Line Date: Tuesday, March 24, 2015 8:58:22 AM Attachments: image001.onq EXHIBIT 1 M Good morning Kathy, The only comments on this project for Grand Valley would be: 1. I would like to be part of the pre -construction meeting as well. This way we can go over Xcel's Emergency Response plan. (I am sure they have one or at least should). 2. We do not require a hot work permit in our district but they are required to meet the regulations set by the Fire Code. 3. A plan should be submitted to GVFPD as well on Helicopter operations and fueling and locations. 4. depending on how long they plan for this project and the potential of wildland fire they may be required to have on site water storage for wildfire initial attack. 5. A projected start date for this project would be helpful as well. 6. As for locked gates in Grand Valley Fire's response area we will require and gates that are locked to be married up with an FD combination lock which I will provide. This way we can access the properties using our lock and it can be removed after the project is completed. Thank you Rob Ferguson Deputy Fire Chief Grand Valley Fire Protection District 0124 Stone Quarry Road Parachute, CO 81635 Office 970-285-9119 Fax 970-285-9748 opschief@gvfpd.org From: Kathy A. Eastley [mailto:keastley@garfield-county.com] Sent: Monday, March 23, 2015 4:05 PM To: Orrin Moon Cc: Mike Morgan; Rob Ferguson (opschief@gvfpd.org) Subject: RE: Xcel Transmission Line Thank you Orrin. Kathy Eastley, AICP Senior Planner Garfield County Community Development 108 8th Street, #401 195 W. 149h Street Rifle, CO 81650 (970) 625-5200 IC: Garfield County Public Health Garfield County Community Development 108 8th Street Glenwood Springs, CO 81601 Attn: Kathy Eastley March 25th, 2015 Hello Kathy, EXHIBIT 2014 Blake Avenue Glenwood Springs, CO 81601 (970) 945-6614 My comments for the Xcel Energy Rifle (Ute) to Parachute 230kV Transmission Line Public Service Company of Colorado Location and Extent Review Application are as follows: 1. Air Quality: a. The applicant should adhere to the mitigation practices outlined on page 19 the Environmental Assessment. We encourage the applicant to utilize dust suppression not only for access roads but also any other land disturbed during the construction process to minimize fugitive dust emissions. We also appreciate efforts to keep vehicle idling and vehicle trips to a minimum. b. I did not see a mention of the need for an Air Pollution Emission Notification (APEN) from the Air Pollution Control Division of the Colorado Department of Public Health and Environment. Their regulations state that "Land development construction activities (earth moving) that are greater than 25 acres or more than six months in duration will require an APEN from the Air Division and may be required to obtain an air permit." The project narrative states that the expected duration of this project is nine months to a year, and it seems could potentially exceed 25 acres. I recommend the applicant visit colorado.gov/pacific/air- permits for information on land use APENs and permits forms. Click on Construction Permit and Compliance Forms, and then click on the menu item that applies to the specific project. 2. Health and Safety: Location of the line should be placed as far away from occupied structures as possible to minimize exposure to electric and magnetic fields. 3. Socio -Economics: In the "affected environment" tab, the applicant noted the two incorporated municipalities that are in proximity to the transmission line. If this impact assessment is revised, I would like to see mention of the community of Battlement Mesa, which has a population of approx. 4,500 - much greater population than Town of Parachute. 4. Solid and Hazardous Waste: The applicant should submit their hazardous spill plan to the Community Development department. This should include contact info for local public drinking water systems including Town of Parachute and Battlement Mesa Metro District. 5. Water Quality: I did not see a water quality section of the Environmental Assessment. While the applicant did indicate that they had or will obtain a stormwater management permit from the CDPHE, I would recommend they include a distinct description in the EA of how they plan to minimize runoff of sediment and other pollutants during and after construction. Garfield County Public Health Department — working to promote health and prevent disease Thank you, it Morgan Hill Environmental Health Specialist III Garfield County Public Health 195 W. 14th Street Rifle, CO 81650 (970) 665-6383 Garfield County Public Health Department - working to promote health and prevent disease STATE OF COLORADO SS. COUNTY OF GARFIELD At a regular meeting of the Planning Commission for Garfield County, Colorado, held in the Commissioners' Meeting Room at the Garfield County Plaza Building, 108 8th Street, in Glenwood Springs, Colorado, on Wednesday, the 8th d ay of April, 2015, there were present: Bob Fullerton John Kuersten Sean Martin Greg McKennis Keith Lammey Stephen Damm Wendy Haskins Eric Rudd Michael Sullivan Bob Miller Kelly Cave Tamra Allen Becky Wheelersburg , Commissioner, Chairman , Commissioner, Vice -Chair , Commissioner, Secretary , Commissioner , Commissioner , Commissioner , Commissioner , Commissioner , Associate Commissioner , Associate Commissioner , Assistant County Attorney , Planning Manager , Clerk to the Commission when the following proceedings, among others were had and done, to wit: RESOLUTION NO. PC 2015- A RESOLUTION TO MEMORIALIZE THE PLANNING COMMISSION DECISION ON A LOCATION AND EXTENT APPLICATION FOR THE RIFLE TO PARACHUTE TRANSMISSION LINE PROJECT COMMENCING AT THE RIFLEUTE SUBSTATION AND TRAVELING WEST TO THE PARACHUTE SUBSTATION Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners is authorized to act. B. Pursuant to law, the Board of County Commissioners of Garfield County has appointed the Garfield County Planning Commission (the Commission). C . Public Service Company of Colorado (the Applicant) has applied to the Commission for a Location and Extent review of the proposed Rifle to Parachute Transmission Line Project pursuant to Section 4-111 of the Garfield County 2013 Land Use and Development Code, as amended (LUDC). 2 D. Pursuant to Section 4-111 (A)(2) of the Garfield County 2013 Land Use and Development Code, as amended, and C.R.S. § 30-28-110(1)(a), the Commission is required to review the location and extent of the road vacation to determine whether the proposed project is in general conformance with the County's Comprehensive Plan. E. In accordance with state law, the Commission has adopted a comprehensive plan, currently Comprehensive Plan, 2030, as amended. F. The Commission opened a public hearing on April 8, 2015 upon the question of whether the proposal is in general conformance with the Comprehensive Plan. G. The Commission closed the public hearing on April 8, 2015 to make a decision on the request. H. The Commission, on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Planning Commission. 2. That the hearing before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the Location and Extent for the R i fl e t o Parachute Transmission Line Project is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is generally consistent with the Garfield County Comprehensive Plan 2030, as amended. RESOLUTION NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of Garfield County, as follows: A. The foregoing Recitals are incorporated by this reference as part of the resolution. B. The location and extent request for the Rifle to Parachute Transmission Line Project is hereby approved. 2 DATED this 8th day of April, 2015. PLANNING COMMISSION OF GARFIELD COUNTY, COLORADO Bob Fullerton, Chairman Garfield County Planning Commission ATTEST: Sean Martin, Secretary Garfield County Planning Commission Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Bob Fullerton aye/nay John Kuersten aye/nay Sean Martin aye/nay Greg McKennis aye/nay Keith Lammey aye/nay Stephen Damm aye/nay Eric Rudd aye/nay Wendy Haskins aye/nay Michael Sullivan aye/nay Bob Miller aye/nay 3 XceIEnergys" PUBLIC SERVICE COMPANY March 31, 2015 Garfield County Building and Planning Department Kathy Eastley 108 8th Street, Suite 401 Glenwood Springs, CO 81601 EXHIBIT 1 P Siting and Land Rights 1800 Larimer St, Suite 400 Denver, Colorado 80202 Telephone: 303.571.7284 Facsimile: 303.294.2088 RE: Referral Comment Response Letter for LAEA8216 — Xcel Transmission Lines — Rifle to Parachute Garfield County Sheriff's Department — Jim Sears: No Concerns Garfield County Road & Bridge — Wyatt Keesbery: After looking at the plans for the new Xcel Energy transmission line from Rifle to Parachute, see no issues for them to continue with the proposed plan. Garfield County Vegetation Management — Steve Anthony: Noxious Weeds - Noxious weed management is addressed in sufficient detail in the Application Narrative. It is suggested that the applicant follow the procedures outlined in the narrative regarding weed -free construction equipment and the cleaning of equipment prior to off-site removal. As also stated, "weeds present in the pole construction locations would be treated prior to surface disturbing activities." Response: Following the procedures outlined in the application narrative regarding vegetation management is part of the practices utilized by the contractor during construction. Reclamation - The applicant is encouraged to follow the reclamation and vegetation management procedures outlined for federal lands, on private lands as well, per the request of the landowner. These procedures are outlined on pages 9-12 of the Environmental Assessment section. The private lands seed mix listed in this section is acceptable. Response: Per the request of the landowner, the reclamation and vegetation management procedures for federal lands will be used with the approved private lands seed mix. Mountain Cross Engineering — Chris Hale: 1. The application proposes that a few towers will be located in the mapped floodplain. The Applicant should address if floodplain permitting is required from Garfield County. It is agreed that it is very unlikely that the towers would adversely affect the floodplain. Response: Final design has not been completed for the line to determine exact placement of the new transmission poles. However, according to Garfield County Code, Table 3-301: Floodplain Overlay Use Restrictions, transmission lines are permitted to the extent allowed by the underlying zoning and so long as the proposed use complies with all other applicable standards of the Code. This includes areas within the Floodway and areas outside the Floodway but still within the 100 -year floodplain. If it is determined by the County that a Floodplain Development Permit is required, one will be obtained prior to construction. 2. The Applicant proposes to obtain agreements and/or permission for staging areas after County approval. Similarly, the application materials do not provide any information on land agreements or condemnation for affected land parcels. The Applicant should address if and how land negotiations may affect the proposed project alignment. Response: Once County approval is granted for the project, the Applicant will pursue negotiations with land owners for the required easements on the proposed project alignment. If we are unable to have successful negotiations with a landowner, we would then proceed with exercising the Company's right of eminent domain and pursue condemnation. This is always a last resort as the Applicant will try to work with the landowner to achieve fair and just compensation. 3. The proposed alignment crosses several public roads. The Applicant should address if there will be any road closures necessary and for how long. Response: The crossing over Interstate 70 will require a permit from CDOT/FHWA and the Applicant will coordinate with CDOT/FHWA on traffic control, including any lane closures. Similarly, the Applicant will coordinate with Garfield County Road & Bridge (see Road and Bridge comment above) and any other entities to outline proposed road closures. Traffic control will be used as necessary and any road closures would be in effect for 5-10 minute durations. 4. The Application does not provide any information on tower foundation designs or any applicable geotechnical analysis. Response: The final design of the transmission line, including foundations, has not been completed at this time. Whenever possible, foundations will not be necessary as tangent poles and angle structures will direct embedded with angle structures being guyed as well. The design for any required foundations can be supplied to the County upon request. 5. The application proposes improvements to two substations. The Applicant should address any site improvements that may be necessary to the substations concerning grading, drainage, utilities, erosions control, etc. Response: No major site improvements will be done at the Rifle (Ute) Substation unless the surveys find something, which will be completed by the end of next week. Some minor drainage and erosion control changes may need to be corrected on the west side of the Parachute Substation. Construction permits will be obtained as needed for any substation site improvement work and any required BMPs will be included in the overall Storm Water Management Plan. 6. The Applicant should submit the Storm Water Management Plan that will be necessary for the CDPHE Permit to Garfield County for review. Response: After County approval is obtained and the transmission design is completed, the Applicant will coordinate to obtain all necessary construction permits, including the preparation of a Storm Water Management Plan for the subject CDPHE Construction Permit. Once the SWMP and permit are complete, copies of the plan/permit can be provided to Garfield County for review. Colorado River Fire District — Orrin Moon: 1. CRFPD will require a pre -construction meeting with Xcel and the power line contractor to address emergency response and special rescue needs during the construction of the power line. Response: Once a pre -construction meeting is set with our contractor, the Applicant can provide the date/time to CRFPD so that a representative can attend to address emergency response and special rescue needs. 2. The plans show no emergency policies or plans. When Xcel chooses a contractor, the contractor's emergency plan shall be submitted to CRFPD for review. Response: Once a contractor has been designated, the contractor's emergency plan can be obtained and submitted to CRFPD. 3. A Hot Work Permit may be required for the staging, tower site, and storage areas. The International Fire Code (IFC) 2009 edition chapter 26 covers the requirements pertaining to these areas. Xcel and their contractor shall submit plans to CRFPD on what type of work will be done in the power line construction area. Response: Prior to construction, the Applicant can submit to CRFPD a list of detailed work tasks that will be completed in the construction area to determine if a Hot Work Permit will be required. 4. Due to the isolated areas of the project, I believe that a Helicopter may be used for the construction of some of the towers. This raises questions of helicopter staging and fueling. A plan shall be submitted to CRFPD for review. Response: For construction areas that require a helicopter, a list or map showing fueling locations and areas where a helicopter may land at staging areas or within the corridor can be provided to CRFPD prior to construction for review. Typically, helicopters will receive fuel at either an airport or at the staging areas via a fuel truck. 5. Any fuel tanks and dispensing of fuel in construction areas shall follow the IFC chapter 3406 Special Operations. Response: The Applicant will adhere to 1FC Chapter 3406 Special Operations concerning the storage and dispensing of fuels in construction areas. 6. Additional fire suppression equipment may be required due to the potential wildfire danger in the area of the power line construction. Response: All construction related vehicles are typically stocked with a shovel and a fire extinguisher. The CRFPD can advise if other fire suppression equipment is needed. 7. Any locked gates that access the construction sites, storage areas or equipment staging areas shall be equipped with a Knox Padlock and will be supplied by the contractor. This must be approved by land owners of which the access road crosses. Response: Once all of the construction details are finalized, the Applicant will work with CRFPD to identify areas where a Knox Padlock will be required during construction activities. The Applicant will have its own lock but can marry the Knox Padlock to insure access to CRFPD. Grand Valley Fire Protection District — Rob Ferguson: 1. I would like to be part of the pre -construction meeting as well. This way we can go over Xcel's Emergency Response Plan. (I am sure they have one or at least should). Response: Once a pre -construction meeting is set with our contractor, the Applicant can provide the date/time to GVFPD so that a representative can attend to address the emergency response plan. 2. We do not require a hot work permit in our district but they are required to meet the regulations set by the Fire Code. Response: Prior to construction, the Applicant will be coordinating with CRFPD on a list of detailed work tasks that will be completed in the construction area to determine if a Hot Work Permit will be required. 3. A plan should be submitted to GVFPD as well on Helicopter operations and fueling and locations. Response: For construction areas that require a helicopter, a list or map showing fueling locations and areas where a helicopter may land at staging areas or within the corridor can be provided to GVFPD prior to construction for review. Typically, helicopters will receive fuel at either an airport or at the staging areas via a fuel truck. 4. Depending on how long they plan for this project and the potential of wildland fire they may be required to have on site water storage for wildfire initial attack. Response: Construction activities are currently anticipated to last 6-7 months. On-site water storage has not been typically required in previous projects. If GVFPD requires one due to potential wildland fire, the Applicant can coordinate on the necessary requirements. 5. A projected start date for this project would be helpful as well. Response: The current anticipated start construction date is 5/2/2016. 6. As for locked gates in Grand Valley Fire's response area we will require and gates that are locked to be married up with an FD combination lock which I will provide. This way we can access the properties using our lock and it can be removed after the project is completed. Response: Once all of the construction details are finalized, the Applicant can work with GVFPD to identify areas where their combination lock will be required during construction activities. The Applicant will have its own lock but can marry the FD combination lock to insure access to GVFPD. Garfield County Public Health — Morgan Hill: 1. Air Quality: a. The applicant should adhere to the mitigation practices outlined on page 19 the Environmental Assessment. We encourage the applicant to utilize dust suppression not only for access roads but also any other land disturbed during the construction process to minimize fugitive dust emissions. We also appreciate efforts to keep vehicle idling and vehicle trips to a minimum. Response: The Applicant will adhere to the mitigation practices outlined on page 19 of the Environmental Assessment. Those same practices can be followed for any other land disturbances during the construction process as needed and vehicle use and idle time will be minimized as much as possible. b. I did not see a mention of the need for an Air Pollution Emission Notification (APEN) from the Air Pollution Control Division of the Colorado Department of Public Health and Environment. Their regulations state that "Land development construction activities (earth moving) that are greater than 25 acres or more than six months in duration will require an APEN from the Air Division and may be required to obtain an air permit." The project narrative states that the expected duration of this project is nine months to a year, and it seems could potentially exceed 25 acres. recommend the applicant visit colorado.gov/pacific/airpermits for information on land use APENs and permits forms. Click on Construction Permit and Compliance Forms, and then click on the menu item that applies to the specific project. Response: At the time of this response letter, it is believed that the Applicant is exempt from the Air Pollution Emission Notification (APEN) requirements per Air Quality Control Commission Regulation 3, Part A, Section IID.1.j `Disturbance of surface areas for purposes of land development, that do not exceed 25 contiguous acres and that do not exceed 6 months in duration." In addition, there are no Class 1 airsheds or nonattainment areas within 50 miles of the project area. The Applicant is working with Jonathan Bicke in the Air Pollution Control Division of the Colorado Department of Public Health and Environment and will determine if an APEN will be required. 2. Health and Safety: Location of the line should be placed as far away from occupied structures as possible to minimize exposure to electric and magnetic fields. Response: The location of the alignment was placed as far away from occupied structures as possible. Occupied structures were considered a Sensitive Area when the Applicant was exploring possible routes for the proposed transmission line alignment. The majority of the new transmission line alignment parallels our existing 230kV and 345kV transmission line facilities. When an Utility Entity is seeking authority to construct, extend or operate a facility such as the proposed project, a Certificate of Public Convenience and Necessity (or a CPCN) with the Colorado Public Utilities Commission (CPUC) is required to be filed. The Applicant filed a CPCN for the Rifle -Parachute Transmission Line Project in January 2013. As part of the regulatory approval process, the Commission sets standards for the reasonableness of electromagnetic fields (EMF). The Applicant is required to meet state standards as outlined in the Code of Colorado Regulations (Section 4 CCR 723-3). The Applicant modeled the magnetic field level pursuant to Rule 3206(e) et al. using 2017 base cases and assuming a maximum normal operating current of 725 amps and double that amount for emergency loading. The estimated magnetic field levels are below 150 milliGauss at the edge of the right-of-way and are therefore considered reasonable pursuant to Commission rules. In a decision issued February 28, 2013, the Commissioners and staff agreed that the EMF levels for the Pawnee -Daniels' Park project were reasonable and acceptable. 3. Socio -Economics: In the "affected environment" tab, the applicant noted the two incorporated municipalities that are in proximity to the transmission line. If this impact assessment is revised, would like to see mention of the community of Battlement Mesa, which has a population of approx. 4,500 - much greater population than Town of Parachute. Response: The Applicant believes that the application would not be revised. However, the Community of Battlement Mesa can be incorporated in future documents. 4. Solid and Hazardous Waste: The applicant should submit their hazardous spill plan to the Community Development department. This should include contact info for local public drinking water systems including Town of Parachute and Battlement Mesa Metro District. Response: The Applicant has a standard SPCC plan that is included in the specifications book given to the contractor, which can be provided to the Community Development department. If the proper contact information for the Parachute and Battlement Mesa Metro District drinking water systems can be provided to the Applicant, it will be added to the SPCC plan. 5. Water Quality: I did not see a water quality section of the Environmental Assessment. While the applicant did indicate that they had or will obtain a stormwater management permit from the CDPHE, I would recommend they include a distinct description in the EA of how they plan to minimize runoff of sediment and other pollutants during and after construction. Response: The Environmental Assessment is finalized and will not be changed at this time. However, the Project will not impact the quantity or quality of water flowing off of the site. Water quality will be maintained during construction through best management practices. The Applicant will submit a construction stormwater management permit to CDPHE and employ the best management practices detailed in the approved Stormwater Management Plan or any other pertinent manuals and permits. Due to the flexibility in placement of transmission line structures, as well as use of existing access roads only, potential discharge of sediment to waterways in the project area would be limited. The risk of sediment discharge is very low due to the small footprint of new disturbance. A maximum of about 20 feet by 40 feet (0.02 acre) would be disturbed at each structure location, and would be reclaimed as quickly as possible. The Stormwater Management Plan would include protective measures for drainages in the project corridor. Please contact me if you have any questions. Thank you, Derek Holscher Direct - 303.571.7284 Cell - 720.837.4742 derek.d.holscher(a�xcelenergy.com From: To: Subject: Date: Lois & Will Wilson Kathy A. Eastlev Public Hearing Scheduled for Wednesday, April 8th, 2015 - Proposal by PSCo for construction of 20.5 230 kV /transmission line (LAEA-8216) Friday, April 03, 2015 12:48:52 PM EXHIBIT 0 In regards to the application that the Public Service Company of Colorado (PSCo) has applied to the Planning Commission, Garfield County, State of Colorado I have the following questions. My family group are all out of state residents and will not be able to make the April 8th meeting. 1. My family parcel number is 2407-033-00-007. Am I correct in understanding that the parcel numbers that will be affected are shown on the map labeled "Rifle - Parachute Preferred Route Zoning & Parcels" dated 08/12/2014? That since our parcel number was not included we will not be impacted by this proposed Transmission line? 2. I understand that this Notice was sent to all surface rights and mineral rights owners. How could the installation of this proposed transmission line affect our mineral rights? Will this affect the gas straws in our Sector? How would this affect them? 3. Would this proposed Transmission line affect our property tax base and if so, how much of a change would we see (increase or decrease)? Please send me a transcript of this meeting by USPS mail or e-mail. Sincerely, Lois Wilson Wilson Family Trust Surface Rights/Mineral Rights Owner 1026 Ludwig Avenue Santa Rosa, CA 95407-7352 Home Phone (707) 525-9637 E-mail: willois@sbcglobal.net Xcel Energ ysM PUBLIC SERVICE COMPANY April 6, 2015 Garfield County Building and Planning Department Kathy Eastley 108 8th Street, Suite 401 Glenwood Springs, CO 81601 EXHIBIT Siting and Land Rights 1800 Larimer St, Suite 400 Denver, Colorado 80202 Telephone: 303.571.7284 Facsimile: 303.294.2088 RE: Colorado Parks and Wildlife (JT Romatzke) Referral Comment Response Letter for LAEA8216 — Xcel Transmission Lines — Rifle to Parachute General 1) Avoid construction within sensitive wildlife habitats during sensitive time periods Response: PSCO, in coordination with CPW, moved the known golden eagle nest to protect the birds from electrocution. PSCO would employ a biological monitor in sensitive areas who would coordinate with the BLM (see the Environmental Assessment [EA] page 13, Design Features for Biological Resources). 2) Minimize the size and number of new roads Response: There would be no new roads (EA page 8, Access Roads) 3) Identify critical vegetative cover types and adjust development sites to avoid these areas. Response: Vegetation surveys for rare plants identified sensitive locations. A biological monitor would be present, and avoidance measures and timing restrictions have been identified (see EA page 13, Design Features for Biological Resources). 4) Minimize the amount of sagebrush and other shrubs that are cleared for the right-of-way and lay down yards. Response: Staging areas have been identified primarily in cleared areas or pasture lands that lack shrub cover (see EA pages 7 and 8, Material Staging Areas). 5) Construction transmission lines following breaks in vegetation and topography; avoid construction on ridge tops. Response: For most of its length, the transmission line would follow the existing designated energy corridor within an existing vegetation clearing. While structures must be placed on topographic high points, ridge tops would be avoided where possible (see EA page 6, last paragraph). 6) Use monopole tubular steel structures instead of guyed steel lattice and self supporting steel lattice structures. Structures other than monopoles expand the amount of surface 1 disturbance, have high avian collision risks, and/or provide opportunities for predatory bird perching and nest building. Response: Tubular steel H -frame structures would be used. No lattice structures are proposed, and guys would be minimized as much as possible (see EA page 7, Transmission Line Description). All design would be compliant with Xcel's Avian Protection Plan. A copy of this plan can be made available upon request. 7) Implement storm water management best management practices to eliminate erosion and sedimentation of water courses, riparian areas, and wetlands. Response: A storm water management plan would be implemented to mitigate for effects of erosion (see Decision Record page 4, Soils). After County approval is obtained and the transmission design is completed, the Applicant will coordinate to obtain all necessary construction permits, including the preparation of a Storm Water Management Plan for the subject CDPHE Construction Permit. Because there are no new roads and tower locations would avoid direct footprints in live waterways, potential for sedimentation is minimal. 8) Implement rapid and effective reclamation practices to establish native vegetation or other vegetation beneficial for wildlife. Response: Reclamation practices and seed mixes would be completed as described in the EA (see EA pages 10 through 12, Reclamation). 9) Limit weed spraying near water courses, riparian areas, and wetlands to protect these areas from toxic effects of herbicides. Response: Weed control measures would be implemented and restricted in sensitive areas (see EA page 9, Weed Control). 10) Develop and implement an effective mitigation plan to offset unavoidable impacts to big game winter range affected by transmission line construction and maintenance. Response: PSCO would contract with a biological resources monitor to document compliance with timing and distance restriction. Surveys were completed in 2012 and new surveys would be completed for construction in seasonally restricted time periods if construction is required during those times. In addition, it is important to note that the existing power line corridors require ongoing maintenance, and the existing level of disturbance is high with agricultural activities, powerline activities, oil and gas drilling and operations/maintenance, residential areas, railroad corridor in Parachute, Garfield County airport in Rifle and other various activities. The proposed project would result in negligible new impacts to big game winter range. Species Specific Concerns Raptors 1) Impacts of electrical transmission lines on raptor nests, perching and foraging areas, and winter roosting areas are a concern to CPW. Response: See General Response No. 1 above. 2 2) The proper separation of power lines and the installation of raptor perch deterrents where needed is recommended to reduce the likelihood of raptor electrocution. Response: PSCO would install perch deterrents within % mile of the Colorado River, which is approximately 5 miles of transmission line on the Parachute end of the project (also see PSCO's Avian Protection Plan). Big Game Concerns regarding Big Game disturbance Response: See General Response No. 10 above. Native Fish Concerns regarding Native fish habitat disturbance Response: No seasonal avoidance is required because there would be no new impacts in fish habitat. No structures including roads would be placed in streams. Critical Fish Habitat 1) Avoid areas within 1/2 mile of standing water bodies. Response: Temporary impacts within % 5) Collect and analyze water samples to monitor water quality before, during, and after occupation and document data and changes. Response: The transmission line construction and operation do not pose a risk to water quality. A storm water management plan would be implemented to mitigate for effects of erosion (see Decision Record page 4, Soils). After County approval is obtained and the transmission design is completed, the Applicant will coordinate to obtain all necessary construction permits, including the preparation of a Storm Water Management Plan for the subject CDPHE Construction Permit. 6) Avoid impacts to trout and other key aquatic species during spawning and hatching periods. Response: No seasonal avoidance is required because there would be no new impacts in fish habitat. No structures including roads would be placed in streams. 7) Permanently close new access roads and reclaim to pre -disturbed condition as appropriate to the ecological site. Response: There would be no new roads (EA page 8, Access Roads) 8) Promptly revegetate all drainage and riparian area surface disturbances with locally adapted native species preferred by wildlife. Response: Reclamation practices and seed mixes would be completed as described in the EA (see EA pages 10 through 12, Reclamation). 9) Replace non-native riparian vegetation such as tamarisk and Russian olive with appropriate native plantings such as cottonwood or willow. Response: It is anticipated that impacts to riparian vegetation would be limited. Willow plantings would be completed during revegetation activities if appropriate; however cottonwoods would pose a risk to the line and potentially violate NERC vegetation clearance requirements, and therefore would not be planted. 10) Control weeds along riparian corridors and manage livestock access to stream crossings to maintain riparian corridor health. Response: Weed control measures would be implemented and restricted in sensitive areas (see EA page 9, Weed Control). Work in riparian corridors would be very limited. 11) Notify CPW immediately of hazardous materials spills, especially those that occur near a riparian area. Response: The Applicant does not anticipate any risk of hazardous materials spills; however, all work would be in compliance with the CDPHE Construction Permit and reporting would be compliant with state regulations. 12) Consult with the Army Corps of Engineers (Corps) regarding any excavated material or dredge/fill related to drainage or wetlands. 4 Response: The Applicant will acquire all proper 404 Permitting from the Corps prior to construction activities. A wetland delineation and permit application is being scheduled for early spring 2015. 13) Disinfect heavy equipment, hand tools, boots, and any other equipment that was previously used in a river, stream, lake, pond, or wetland prior to moving the equipment to another water body. Response: Because there would be no new roads or structures in a water body or riparian area, it is anticipated that impacts to these areas would be negligible. Wetland delineation is being scheduled this spring at the Colorado River crossing. This information will be used in finalizing the structure placements to avoid any wetland areas if possible. If access in wetlands is required, equipment can be disinfected prior to entering the area. Please contact me if you have any questions. Thank you, Derek Holscher Direct - 303.571.7284 Cell - 720.837.4742 derek.d.holscher a(�xcelenergy.com 5 From: Holscher, Derek D To: Kathv A. Eastlev Cc: Kathleen Middleton Subject: PSCo Rifle -Parachute Transmission Line Project - Notification Questions Date: Monday, April 06, 2015 1:46:54 PM Attachments: Lois and Wiliam Wilson.adf EXHIBIT is Kathy, Here's our responses to the email you received (see attached) on Friday from Mr. & Mrs. Wilson in regards to their notification of the public hearing. 1) Parcel number 2407-033-00-007, owned by Lois and William Wilson, is not located within the proposed Right -of -Way for the Rifle (Ute) to Parachute Transmission Line. The subject parcel is located South of the proposed project boundary. The subject parcel is also not one of the proposed storage areas. 2) Their mineral rights are not impacted by the proposed project. Mineral owners are contacted in accordance with C.R.S. §24-65.5-101 and Garfield County Land Use and Development Code Article 4 Section E. 3) Their property tax base will not be affected by the proposed project. If the Wilson's have any other questions, please forward my contact information as I would be happy to answer them. Thank you, Derek Derek Holscher Xcel Energy 1 Responsible By Nature Principal Agent, Siting and Land Rights 1800 Larimer Street, 4th Floor, Denver, CO 80202 P: 303.571.7284 C: 720.837.4742 F: 303.294.2088 E: derek.d.holscher( xceleneray.com March 31, 2015 Dears Sirs, EXHIBIT A short time ago I became aware of a proposal by the Public Service Company of Colorado for a planned transmission line expansion which could possibly traverse the property my family owns. The proposal calls for this new line to pass through several sections of land in Garfield County and that impact if it were to pass through our property would be tremendous. We own a forty acre parcel located in section: 3 township: 7 range: 95 swsw. If this expansion were to bisect our property with its required 150' easement it would effectively destroy any potential value for construction of a home or any future development as its desirability would be destroyed. We recently put in a well on our property and have power nearby which avails us of that potential development prospect. We would greatly appreciate your consideration of the impact such a facility would have on our property along with others in the path of this project. We would hope that considerable thought should be given to such placement as many in its path would suffer significant loss of value to their real estate if not placed in such a manner as to have minimal impact on individual property value and future land use my affected property owners. Thank you so much for your consideration of our concerns and of the significant impact this proposed project is going to have a many individual property owners. Thoughts of a very concerned property owner and our family of the project under consideration before the planning commission of Garfield County. Sincerely, ByrLibby 145 Hollow oak dr. Chico, Ca. 95973 530-342-7327 From: Holscher, Derek D To: Kathy A. Eastlev Cc: Kathleen Middleton; Aleta Powers (apowerseroresources.com) Subject: PSCo Rifle -Parachute Transmission Line - Byron Libby Letter Date: Tuesday, April 07, 2015 8:44:40 PM Attachments: byron libbv letter.odf Bryon ORA.PDF Wilson ORA.PDF Parachute-RifleMaoBook 2-.odf Lois and Wiliam Wilson.odf Hi Kathy, After reviewing the attached letter from Byron Libby, he mentions that their 40 acre parcel is located in the SW1/4, SW1/4 of Section 3, Township 7S, Range 95W. On the Garfield County GIS website, I found a 40 acre parcel owned by Ora S Legacy LLC (Live Oak, CA 95953) with a parcel # of 2407-033-00-007. This is the same parcel you received an email on yesterday from mineral owners Mr. & Mrs. Wilson (see attached). The subject parcel is not located within the proposed Right -of -Way for the Rifle (Ute) to Parachute Transmission Line and is located south of the proposed project alignment (see attached map - parcel is shaded green). The subject parcel is also not one of the proposed storage areas. The Wilson's and Libby's quit claimed the property to Ora S Legacy but retained the mineral rights (see attached Quit Claim Deeds). I'm hoping this will satisfy their concerns but if they have any other questions, please feel free to forward them my contact information. 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