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HomeMy WebLinkAbout1.0 ApplicationGarfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION • Administrative Review • Development in 100 -Year Floodplain • Limited Impact Review • Development in 100 -Year Floodplain Variance • Major Impact Review • Code Text Amendment • Amendments to an Approved LUCP ❑ LIR MIR ❑ SUP • Rezoning ❑ Zone District ❑ PUD ❑ PUD Amendment • Minor Temporary Housing Facility • Administrative Interpretation • Vacation of a County Road/Public ROW • Appeal of Administrative Interpretation = Location and Extent Review • Areas and Activities of State Interest • Comprehensive Plan Amendment ❑ Major ❑ Minor • Accommodation Pursuant to Fair Housing Act • Pipeline Development • Variance • Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: Public Service Company of Colorado/Xcel Phone: ( 303 ) 571-7284 Mailing Address: 1800 Larimer Street, 4th Floor City: Denver State: CO Zip Code: 80202 E-mail: derek.d.holscher@xcelenergy.com Representative (Authorization Required) Name: ERO Resources Corporation/Blue Sky Permitting and Planning Phone: (970 ) 872-3020/985-8240 Mailing Address: PO Box 932/PO Box 525 City: Hotchkiss/MesaState: CO Zip Code: 81419/81643 E-mail: apowers@eroresources.com/middleton_kathleen@yahoo.com PROJECT NAME AND LOCATION Project Name: Xcel Rifle Ute to Parachute 230kV Transmission Line Assessor's Parcel Number: 68 Separate _ Parcels Physical/Street Address: Rifle, Colorado to Parachute Colorado Legal Description: T6S, R93W; T7S, R93W; T7S, R94W; T7S, R95W of the 6th Principal Meridian Garfield County, Colorado Zone District: R, PL, RL, C/L, PUD, and City of Rifle Property Size (acres): 375.2 acres PROJECT DESCRIPTION Existing Use: Transmission Line Corridor, Rifle Substation, and Parachute Substation Proposed Use (From Use Table 3-403): Transmission Line and Utility Substation Description of Project: A proposed 230kV transmission line (20.5 miles), a 150 -foot Right -of -Way, located from the PSCo Rifle Substation to the PSCo Parachute Substation. 19.5 miles of the proposed transmission line will be installed within an existing transmission line corridor. Improvements to the Rifle and Parachute Substations will be made to accommodate the proposed transmission line. REQUEST FOR WAIVERS Submission Requirements ❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards ❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. 1/28/2015 Signature of Property Owner Date OFFICIAL USE ONLY File Number: - Fee Paid: $ Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Public Service Company of Colorado agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Rifle (Ute) to Parachute 230kV Transmission Line 2. The Applicant understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: Derek Holscher Phone: ( 303 ) 571-7284 Billing Contact Address: 1800 Larimer Street, Suite 400 City: DenverState: CO _ Zip Code: 80202 Billing Contact Email: derek.d.holscher@xcelenergy.com Printed Name of Person Authorized to Sign: John D. Lupo John D. Lupo Senior Manager, Siting & Land Rights Xcel Energy Services, Inc. as Authorized Agent for Public Service Company of Colorado February 3, 2015 ignature) (Date) •ill ���.rf'�=�� ��1 �� ����E��`�a�1,������11�1�: tr���l>rl�'�����t III 111 Reception#: 856092 11/17/2014 02:32:41 PM Jean Rlberico 1 of 1 Rec Fee:$11.00 Doc Fee:0,00 GARFIELD COUNTY CO Gai f eld County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of Public Service Company of Colorado , a Corporation (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is Public Service Company of Colroado and is formed under the laws of Colorado The mailing address for the Entity is 1e00 Larimer Street#400, Denver, CO, 80202 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is John D. Lupo, Senior Manager, Siting and Land Rights The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): None Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this 71h day of November Signature: Name (pri ted Title (if an>l- John D. enior Maria • , Siting and Land Rights 2014 STATE OF Colorado )SS. COUNTY OF Denver The foregoing instrument was acknowledged before me this 7th day of,November 2014 by John Lupo , on behalf of Public Service Company of Colorado corporation Witness my hand and official seal, My commission expires: /2/3 4-20/6 / (Date) ,a L DEREK D, HOLSCHER Notary Pub(Ic State of Colorado [SEAL 1 XcelEnergyM PUBLIC SERVICE COMPANY February 13, 2015 1800 Larimer Street, Suite 400 Denver Colorado 80202-4256 Ms. Tarnra Allen Community Development Department Garfield County 108 8th Street, Ste 401 Glenwood Springs, CO 81601 Re: Agency Authorization for Xcel Energy/Public Service Company of Colorado permitting projects in Garfield County, Colorado Dear Ms. Allen, Xcel Energy/Public Service Company of Colorado (PSCo) authorizes Aleta Powers with ERO Resources Corporation and Kathleen Middleton with Blue Sky Permitting and Planning, LLC to act on behalf of and represent PSCo in matters related to land use permitting projects in Garfield County, Colorado. Please contact me if you have any questions, comments, concerns, or require additional information. I can be reached at 303-571-7281 or john.d.lupo@xcelenergy.com. Si cerely, nior wnager, Siting and Land Rights Xcel Energy Services, Inc. As Authorized Agent for Public Service Company of Colorado STATE OF ()(a / Q ) )ss. COUNTY OF b.{/'j WV" ) The foregoing(instrument was acknowledged before me<this /3 {t`day of ltcti rjar, 201E -by —{ le -1 t 1,100 ) as -eetraSr'+[ r ! -civ►i 4 Carr ek of ?�vIce ("Alfa Hy (v/ofad �. Witness my hand and official seal My Commission Expires: ,d5 DEREK D. HOLSCHER Notary Public State of Colorado Public Service Company of Colorado Xcel Rifle to Parachute 230kV Transmission Line Xcel Energy Company and Public Service Company of Colorado Public Utility Documents Xcel Energy Company (Xcel) is a major U.S. electric and natural gas company with regulated operations in eight Western and Midwestern states. Xcel Energy provides a comprehensive portfolio of energy-related products and services to 3.4 million electric customers and 1.9 million natural gas customers. The utility company name is "branded" as Xcel Energy; however, the legal owner and operator of the utility facilities in Colorado is Public Service Company of Colorado. All utility facilities and related land rights, including fee property, easements, permits, etc, are owned by operated by and held in the name of Public Service Company of Colorado (PSCo), a Colorado Corporation. In accordance with Garfield County Land Use and Development Code, Section 4-111 Location and Review A. 1. c.: Public utilities, whether publicly or privately owned, unless the Public Utility project is a designated activity of State interest subject to permitting pursuant to C.R.S. § 24.65.1-501;. Xcel/PSCo is classified as a public utility company and has right legal authority to proceed with the Location and Extent application and review process. The following attached documents support that Xcel/PSCo is a public utility. Xcel/PSCo Regulation Letter The letter summarizes the Code of Colorado Regulations that sets forth the rules that the Colorado Public Utilities Commission must adhere to while regulating public utilities such as Xcel Energy/Public Service Company of Colorado. Certificate of Public Convenience and Necessity The Colorado Public Utilities Commission (CPUC) provides regulatory oversight of public utilities, which includes PSCo, in the State of Colorado. PSCo received approval for the subject project from the CPUC. The CPUC determined that the requested Certificate of Public Convenience and Necessity (CPCN) is in the public's interest and granted PSCo a CPCN to construct the Rifle Ute - Parachute 230 kV 230 Transmission Line. The CPCN is attached. Colorado Revised Statutes Colorado Revised Statutes (CRS) defines a public utility and states a public utility may pursue power of eminent domain for construction of electrical lines. CRS are attached and sections highlighted that pertain to the Applicant and the proposed project. • C.R.S. 40-1-103 (2014) • C.R.S. 38-1-121 (2014) • C.R.S. 38-1-201 (2014) • C.R.S. 38-2-101 (2014) Public Utility Documents Garfield County Location and Extent Review, 2015 Page 1 of 1 0, XcelEnergysM PUBLIC SERVICE COMPANY February 3, 2015 Garfield County Community Development — Planning Division 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Siting and Land Rights 1800 Larimer St, Suite 400 Denver, Colorado 80202 Telephone: 303.571.7284 Facsimile: 303.294.2088 Subject: Xcel Energy/Public Service Company of Colorado — PUC Regulation The following section of the Code of Colorado Regulations sets forth the rules that the Colorado Public Utilities Commission must adhere to while regulating public utilities such as Xcel Energy/Public Service Company of Colorado. COLORADO DEPARTMENT OF REGULATORY AGENCIES Public Utilities Commission 4 CODE OF COLORADO REGULATIONS (CCR) 723-3 PART 3 RULES REGULATING ELECTRIC UTILITIES BASIS, PURPOSE, AND STATUTORY AUTHORITY. The basis and purpose of these rules is to describe the electric service to be provided by jurisdictional utilities and master meter operators to their customers; to designate the manner of regulation over such utilities and master meter operators; and to describe the services these utilities and master meter operators shall provide. In addition, these rules identify the specific provisions applicable to public utilities or other persons over which the Commission has limited jurisdiction. These rules address a wide variety of subject areas including, but not limited to, service interruption, meter testing and accuracy, safety, customer information, customer deposits, rate schedules and tariffs, discontinuance of service, master meter operations, flexible regulation, procedures for administering the Low -Income Energy Assistance Act, electric service low-income program, cost allocation between regulated and unregulated operations, recovery of costs, the acquisition of renewable energy, small power producers and cogeneration facilities, and appeals regarding local government land use decisions. The statutory authority for these rules can be found at §§ 29-20-108, 40-1-103.5, 40-2-108, 40-2-124(2), 40-3-102, 40-3-103, 40- 3-104.3, 40-3-106, 40-3-111, 40-3-114, 40-4-101, 40-4-106, 40-4-108, 40-4-109, 40-5-103, 40- 7-113.5, 40-7-116.5, 40-8.7-105(5), and 40-9.5-107(5), C.R.S. Please let me know if you need any other documentation or have any further questions on how our company is regulated through the Colorado Public Utilities Commission. Thank you, Derek Holscher, Principal Agent Direct - 303.571.7284 Cell - 720.837.4742 derek.d.holscher@xcelenergy.com Colorado PUC E-Filings System Decision No. C13-0256 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO DOCKET NO. 13A -0032E IN THE MATTER OF THE APPLICATION OF PUBLIC SERVICE COMPANY OF COLORADO FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR THE RIFLE — PARACHUTE 230 KV #2 TRANSMISSION PROJECT. ORDER GRANTING CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR THE RIFLE UTE — PARACHUTE 230 KV #2 TRANSMISSION PROJECT Mailed Date: February 28, 2013 Adopted Date: February 27, 2013 I. BY THE COMMISSION 1. On January 11, 2013, Public Service Company of Colorado (Public Service or Company) filed an application requesting that the Colorado Public Utilities Commission (Commission) grant the Company a Certificate of Public Convenience and Necessity (CPCN) to construct the RifleUte — Parachute 230 kV #2 Transmission Project (Project) in accordance with Rules 3102 and 3206 of the Commission's Rules Regulating Electric Utilities, 4 Code of Colorado Regulations (CCR) 723-3, and a finding of reasonableness for noise and magnetic field mitigation. 2. Public Service submitted sworn, direct testimony and exhibits from Thomas W. Green, Keary Hallack, and Danny J. Pearson. These witnesses presented the description and rationale for the Project, alternatives, siting, and permitting activities, and the results of audible noise and magnetic field studies. There were no interventions filed into the docket. Before the Public Utilities Commission of the State of Colorado Decision No. C13-0256 DOCKET NO. 13A -0032E 3. The proposed RifleUte — Parachute 230 kV #2 transmission line will serve future load growth caused by the increasing natural gas development in Mesa and Garfield counties of Colorado, and mitigate North American Electric Reliability Council (NERC) and Western Electricity Coordinating Council (WECC) criteria violations. 4. Gas developers in the Piceance Basin of northwestern Colorado are moving away from gas -powered motors and utilizing electric motors for the gas compression process. Further, two other retail customer load addition projects (totaling approximately 58 MVA) are currently being considered in the area. These proposed projects cannot be implemented until the transmission Project is completed. 5. Public Service evaluated 12 transmission alternatives to serve the new load and to mitigate NERC and WECC criteria violations.' Alternative 1, a line from Parachute Substation to RiflePS2 substation, and Alternative 2, a line from Parachute Substation to RifleUte substation, were determined to be the two acceptable alternatives with the lowest costs. A sensitivity analysis of these two alternatives determined that the load serving capability of each is approximately equal. Alternative 2 is the shortest route and lower cost alternative and is therefore the preferred alternative. This preferred alternative consists of approximately 18 miles of 230 kV transmission line, rated for 576 MVA to be built in a new 150 foot right -of way using 1-1272 kcmil ACSR "Bittern" conductor. It will serve new load as well as mitigate NERC and WECC criteria violations. 1 Exhibit TWG-4, Table 4, Page 42 of 100. 2 There are two separate substation sites at Rifle. At the first site, the north half of the station belongs to Western Area Power Administration ("RifleWA") and the south half belongs to Public Service ("RiflePS" ). The second site is 3.5 miles to the west of the first and is jointly owned by Public Service and Tri-State Generation and Transmission. This second site is referred to as the "RifleCU" or "RifleUte" Substation. This Decision will refer to this site as RifleUte substation. 2 Before the Public Utilities Commission of the State of Colorado Decision No. C13-0256 DOCKET NO. 13A -0032E 6. Public Service 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 right-of-way and are therefore considered reasonable pursuant to Commission rules. 7. The Company modeled the expected audible noise of the Project using the EPRI ENVIRO Program, which utilizes the Bonneville Power Administration sound -modeling subroutine. The model shows that the proposed line routes will all have audible noise levels of 50 dB(A) or less at the right-of-way edge under L50 rain conditions, and will therefore be in compliance with the Commissions transmission noise rules, 3206(f) et al. 8. The CPCN Application contains all of the information required by Commission Rules of Practice and Procedure, 4 CCR 723-1-1303(b) and is therefore deemed complete. 9. The CPCN Application is unopposed. The Commission will determine this matter based upon the submitted written testimony and exhibits of Public Service's witnesses as the written record, without a formal hearing under § 40-6-109(5), C.R.S., and Rule 1403, Commission Rules of Practice and Procedure, 4 CCR 723-1. 10. The Commission has reviewed the CPCN Application and associated testimony and exhibits filed by Public Service. The Commission finds that the proposed Project is required to serve new load and mitigate NERC and WECC criteria violations. The Commission therefore finds that the requested CPCN is in the public interest and grants the application. 3 Before the Public Utilities Commission of the State of Colorado Decision No. C13-0256 DOCKET NO. 13A -0032E II. ORDER A. The Commission Orders That: 1. The Application filed on January 11, 2013, by Public Service Company of Colorado for a Certificate of Public Convenience and Necessity (CPCN) for the construction of the RifleUte — Parachute 230 kV #2 Transmission Project is deemed complete without a hearing. 2. The magnetic field values and the audible noise values presented in the studies meet the conditions of Commission Rules Regulating Electric Utilities 4 Code of Colorado Regulations 723-3-3206(e)(III) and 3206(0(III) and are therefore considered reasonable for the proposed RifleUte — Parachute 230 kV #2 Transmission Project. 3. The CPCN Application from Public Service Company of Colorado for the construction of the RifleUte — Parachute 230 kV #2 Transmission Project is granted. 4. The 20 -day period provided for in § 40-6-114, C.R.S., within which to file applications for rehearing, reargument, or reconsideration begins on the first day following the effective date of this Order. 5. This Order is effective on its Mailed Date. 4 Before the Public Utilities Commission of the State of Colorado Decision No. C13-0256 DOCKET NO. 13A -0032E B. ADOPTED IN COMMISSIONERS' WEEKLY MEETING February 27, 2013. (S E A L) THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO ATTEST: A TRUE COPY Doug Dean, Director 5 JOSHUA B. EPEL JAMES K. TARPEY PAMELA J. PATTON Commissioners C.R.S. 40-1-103 COLORADO REVISED STATUTES * This document reflects changes current through all laws passed at the Second Regular Session of the Sixty -Ninth General Assembly of the State of Colorado (2014) and changes approved by the electorate at the November 2014 election * TITLE 40. UTILITIES PUBLIC UTILITIES ARTICLE 1.DEFINITIONS C.R.S. 40-1-103 (2014) 40-1-103. Public utility defined (1) (a) (I) The term "public utility", when used in articles 1 to 7 of this title, includes every common carrier, pipeline corporation, gas corporation, electrical corporation, telephone corporation, water corporation, person, or municipality operating for the purpose of supplying the public for domestic, mechanical, or public uses and every corporation, or person declared by law to be affected with a public interest, and each of the preceding is hereby declared to be a public utility and to be subject to the jurisdiction, control, and regulation of the commission and to the provisions of articles 1 to 7 of this title. (II) As used in this paragraph (a), "water corporation" includes a combined water and sewer corporation, whether as a single entity or as different entities under common ownership. (b) Nothing in articles 1 to 7 of this title shall be construed to apply to: (I) Irrigation systems, the chief or principal business of which is to supply water for the purpose of irrigation; (II) Exemptions provided for in the constitution of the state of Colorado relating to municipal utilities; (III) Hotels, motels, or other lodging -type entities that resell intrastate toll services to their lodging patrons and not to the general public; (IV) Any consumer who owns pay telephone terminal equipment and who resells local exchange and toll service paid for by coin deposit, credit card, or otherwise by using the tariff services and facilities of regulated telephone utilities; (V) The provision or resale to the general public of communications services over a cellular radio system. For purposes of this subparagraph (V), a "cellular radio" means a mobile communications system in which the radio frequency spectrum is divided into discrete channels which are assigned in groups to geographic cells within a service area and which are capable of being reused in different cells within that service area. (VI) Providers of telephone or telecommunications service from inmates at penal institutions. (2) (a) Every cooperative electric association, or nonprofit electric corporation or association, and every other supplier of electric energy, whether supplying electric energy for the use of the public or for the use of its own members, is hereby declared to be affected with a public interest and to be a public utility and to be subject to the jurisdiction, control, and regulation of the commission and to the provisions of articles 1 to 7 of this title. (b) (I) Paragraph (a) of this subsection (2) requiring regulation by the commission shall not be applicable to a cooperative electric association which has voted to exempt itself from regulation pursuant to the provisions of section 40-9.5-103. Regulation of such cooperative electric associations shall be in the manner provided in part 1 of article 9.5 of this title. (II) Repealed. (c) The supply of electricity or heat to a consumer of the electricity or heat from solar generating equipment located on the site of the consumer's property, which equipment is owned or operated by an entity other than the consumer, shall not subject the owner or operator of the on-site solar generating equipment to regulation as a public utility by the commission if the solar generating equipment is sized to supply no more than one hundred twenty percent of the average annual consumption of electricity by the consumer at that site. For purposes of this paragraph (c), the consumer's site shall include all contiguous property owned or leased by the consumer, without regard to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of-way, or utility rights-of-way. (3) For the purposes of articles 1 to 7 of this tide, a motor carrier that provides transportation not subject to regulation pursuant to section 40-10.1-105 or that is subject to part 3, 4, or 5 of article 10.1 of this tide is not a public utility. TITLE 38. PROPERTY - REAL AND PERSONAL EMINENT DOMAIN ARTICLE 1.PROCEEDINGS PART 1. PROCEEDINGS - REQUIREMENTS AND LIMITATIONS - DETERMINATION OF JUST COMPENSATION C.R.S. 38-1-121 (2014) 38-1-121. Appraisals — negotiations (1) As soon as a condemning authority determines that it intends to acquire an interest in property, it shall give notice of such intent, together with a description of the property interest to be acquired, to anyone having an interest of record in the property involved. If the property has an estimated value of five thousand dollars or more, such notice shall advise that the condemning authority shall pay the reasonable costs of an appraisal pursuant to subsection (2) of this section. Such notice, however, need not be given to any of such persons who cannot be found by the condemning authority upon the exercise of due diligence. Upon receipt of such notice, such persons may employ an appraiser of their choosing to appraise the property interest to be acquired. Such appraisal shall be made using sound, fair, and recognized appraisal practices which are consistent with law. The value of the land or property actually taken shall be the fair market value thereof. Within ninety days of the date of such notice, such persons may submit to the condemning authority a copy of such appraisal. The condemning authority immediately upon receipt thereof shall submit to such persons copies of its appraisals. If the property interest is being acquired in relation to a federal aid project, then the appraisals submitted by the condemning authority shall be those which have been approved by it pursuant to applicable statutes and regulations, if such approval is required. All of these appraisals may be used by the parties to negotiate in good faith for the acquisition of the property interest, but neither the condemning authority nor such persons shall be bound by such appraisals. (2) If an appraisal is submitted to the condemning authority in accordance with the provisions of subsection (1) of this section, the condemning authority shall pay the reasonable costs of such appraisal. If more than one person is interested in the property sought to be acquired and such persons cannot agree on an appraisal to be submitted under subsection (1) of this section, the condemning authority shall be relieved of any obligation herein imposed upon it to pay for such appraisals as may be submitted to it pursuant to this section. (3) Nothing in this section shall be construed as in any way limiting the obligation of the condemning authority to negotiate in good faith for the acquisition of any property interest sought prior to instituting eminent domain proceedings or as in any way limiting the discovery rights of parties to eminent domain proceedings. (4) Nothing in this section shall prevent the condemning authority from complying with federal and state requirements to qualify the authority for federal aid grants. (5) Nothing in this section shall be construed to limit the right of the condemning agency to institute eminent domain proceedings or to obtain immediate possession of property as permitted by law; except that an eminent domain proceeding may not proceed to trial on the issue of valuation until the ninety -day period provided in subsection (1) of this section has expired or the owner's appraisal has been submitted to the condemning authority, whichever is sooner. (6) If the parties involved in the negotiations fail to reach agreement on the fair market value of the property being acquired, the condemning authority, prior to proceeding to trial on the issue of valuation, shall furnish all owners of record a written final offer COLORADO REVISED STATUTES TITLE 38. PROPERTY - REAL AND PERSONAL EMINENT DOMAIN ARTICLE 1.PROCEEDINGS PART 2. GOVERNMENTAL ENTITIES, INDIVIDUALS, AND CORPORATIONS AUTHORIZED TO EXERCISE THE POWER OF EMINENT DOMAIN C.R.S. 38-1-201 (2014) 38-1-201. Legislative declaration (1) The general assembly hereby finds and declares that: (a) The power of eminent domain allows the federal government, the state, counties, cities and counties, municipalities, and various other types of governmental entities to condemn property when necessary for public use and allows individual property owners and corporations to condemn property in certain circumstances when condemnation is necessary to create a private way of necessity or to allow beneficial use of private property. (b) Although both the state constitution and state statutes require the payment of just compensation to any person whose property is condemned, the exercise of the power of eminent domain nonetheless substantially impacts fundamental property rights. (c) Because of this substantial impact, it is necessary and appropriate to ensure that Coloradans can easily determine which governmental entities, corporations, and other persons may exercise the power of eminent domain and to further ensure that Coloradans can easily identify the procedural requirements that entities, corporations, and other persons must follow when exercising the power of eminent domain. (2) The general assembly further finds and declares that: (a) In addition to counties, cities and counties, and municipalities that serve as general units of government in the state, the governmental structure of the state includes a wide variety of special districts, authorities, and other governmental entities that serve limited governmental purposes, some of which may exercise the power of eminent domain. (b) Although many of the provisions of state law that authorize governmental entities, individuals, and corporations to exercise the power of eminent domain and prescribe procedures that govern the exercise of that power are concentrated in this article and in articles 2 to 7 of this title, the proliferation throughout the history of the state of special districts, authorities, and other governmental entities that serve limited governmental purposes, together with other historical factors that have necessitated grants of eminent domain powers to certain types of corporations and persons, have resulted in the codification in other parts of the Colorado Revised Statutes of many other provisions that authorize the exercise of the power of eminent domain. (c) The codification of provisions of state law that authorize eminent domain in parts of the Colorado Revised Statutes other than this article and articles 2 to 7 of this tide makes it difficult in many cases for Coloradans to easily determine, with respect to any given governmental entity, corporation, or person: (I) Whether the governmental entity, corporation, or person may exercise the power of eminent domain; and (II) The procedural requirements that the governmental entity, corporation, or person must comply with in order to exercise the power of eminent domain. (d) In order to help Coloradans to more easily determine whether any given governmental entity, corporation, or person may exercise the power of eminent domain and identify the procedural requirements that the entity, corporation, or person must follow in exercising the power of eminent domain, it is necessary, appropriate, and in the best interests of the state to list in this part 2 all of the governmental entities, corporations, and persons that may exercise the power of eminent domain pursuant to provisions of state law and to clarify that the procedural requirements specified in this article and articles 2 to 7 of this title apply to all eminent domain proceedings. (e) In enacting this part 2, it is not the intent of the general assembly to: (I) Repeal, limit, or otherwise modify the authority of any governmental entity, corporation, or person to exercise the power of eminent domain; (II) Grant new eminent domain authority to any governmental entity, individual, or corporation; or (III) Infringe upon the home rule power of any home rule municipality or county. COLORADO REVISED STATUTES * This document reflects changes current through all laws passed at the Second Regular Session of the Sixty -Ninth General Assembly of the State of Colorado (2014) and changes approved by the electorate at the November 2014 election * TITLE 38. PROPERTY - REAL AND PERSONAL EMINENT DOMAIN ARTICLE 2. SPECIFIC GRANTS OF POWER C.R.S. 38-2-101 (2014) 38-2-101. Who may condemn real estate, rights-of-way, or other rights - additional requirements for private toll roads and toll highways (1) If any corporation formed for the purpose of constructing a road, ditch, reservoir, pipeline, bridge, ferry, tunnel, telegraph line, railroad line, electric line, electric plant, telephone line, or telephone plant is unable to agree with the owner for the purchase of any real estate or right-of-way or easement or other right necessary or required for the purpose of any such corporation for transacting its business or for any lawful purpose connected with the operations of the company, the corporation may acquire title to such real estate or right- of-way or easement or other right in the manner provided by law for the condemnation of real estate or right- of-way. Any ditch, reservoir, or pipeline company, in the same manner, may condemn and acquire the right to take and use any water not previously appropriated. (2) Notwithstanding the provisions of subsection (1) of this section, a toll road or toll highway company may not condemn real estate or right-of-way, but the department of transportation may exercise, subject to the conditions and limitations set forth in sections 7-45-104 and 43-1-1202 (1) (f), C.R.S., the power of eminent domain for purposes of acquiring property and rights-of-way necessary for the completion of a toll road or toll highway open to the public that is incorporated into the comprehensive statewide transportation plan prepared pursuant to section 43-1-1103 (5), C.R.S., and is being undertaken as a public-private initiative between the department and the company. Such a toll road or toll highway company shall provide written notice of its intent to construct a toll road or toll highway as required by section 7-45-108 (2), C.R.S. (3) Nothing in this section shall be construed to authorize any toll road or toll highway company to construct a toll road or toll highway through, in, upon, under, or over any street or alley of any city, incorporated town, county, or city and county without first obtaining the consent of the municipal or county authorities having power to give the consent of the city, incorporated town, county, or city and county. (4) (a) A political subdivision may levy a tax, fee, or charge on a toll road or toll highway company for any right or privilege of constructing or operating a toll road or toll highway such as a street or public highway construction permit fee or an impact fee or other similar development charge designed to fund expenditures by the political subdivision on capital facilities needed to serve the toll road or toll highway, but shall only levy a construction permit fee to the extent that the permit fee applies to all persons seeking a construction permit. (b) All permit fees, impact fees, or other similar development charges levied by a political subdivision on a toll road or toll highway company constructing or operating a toll road or toll highway shall be no greater than necessary to defray the costs directly incurred by the political subdivision in providing services, and, in the case of impact fees or other development charges, shall be no greater than necessary to defray impacts directly related to the toll road or toll highway. The fees and charges shall also be reasonably related in time to the incurrence of the impacts or costs. In any controversy concerning the appropriateness of a fee or charge, the political subdivision shall have the burden of proving that the fee or charge is no greater than necessary to defray the direct impacts or costs incurred by the political subdivision. All costs of construction shall be borne by the toll road or toll highway company constructing or operating the toll road or toll highway. (5) As used in this section, unless the context otherwise requires: (a) (Deleted by amendment, L. 2008, p. 1712, 5 9, effective June 2, 2008.) (b) "Toll road or toll highway" shall have the meaning set forth in section 7-45-102 (8), C.R.S. (c) "Toll road or toll highway company" shall have the meaning set forth in section 7-45-102 (9), C.R.S. Information Concerning Public Utilities in Colorado Article XXV of the Colorado Constitution mandates that the regulation of public utilities is the province of the General Assembly and that unless that body should otherwise designate, the PUC is mandated with the authority provide this regulation. Title 40, Colorado Revised Statutes, provides legislative policy direction to the PUC as to how utility regulation is to be conducted in Colorado. The PUC derives its authority wholly from constitutional and statutory provisions. 40-2-101. Creation - appointment - term - subject to termination - repeal of article. (1) A public utilities commission is hereby created, which shall be known as the public utilities commission of the state of Colorado, to consist of three members who shall be appointed by the governor with the consent of the senate. Persons holding office on July 1, 1993, shall continue to serve in such office, but the term of one of these persons shall expire on the Monday preceding the second Tuesday ofJanuary, 1995, of another, the Monday preceding the second Tuesday of January, 1996, and of the third, the Monday preceding the second Tuesday of January, 1997, all as the governor shall designate; except that such designation shall not result in the extension of the term of any member to more than four years' duration. Thereafter, appointments shall be made for terms of fouryears. WHAT IS THE COMMISSION'S ROLE CONCERNING ENERGY? • The Commission has the statutory duty to assure that energy utility customers receive safe and adequate service at just and reasonable rates while providing utility shareholders the opportunity to earn a fair rate of return on investments. (§ 40-3-101, C.R.S.) WHO DOES THE COMMISSION REGULATE IN THE ENERGY SECTOR? • The Commission has very broad regulatory authority over investor-owned utilities providing electric, gas or steam services. • The Commission has limited regulatory authority over non-profit generation and transmission electric associations, cooperative electric associations, and municipal utilities providing service beyond municipal boundaries. WHAT SPECIFIC FUNCTIONS DOES THE COMMISSION PERFORM? (§40-5-101 through 105, C.R.S.) • Issues Certificates of Public Convenience and Necessity (CPCN) Public, which allow a utility to operate in a service territory. The Commission must determine whether applicants are willing and able to provide utility service without duplication of service by another utility. • Authorizes the exercise of franchise agreements. • Approves facility acquisitions. The Commission assesses whether public convenience and necessity requires construction or acquisition of facilities. • Adopts rates, charges, and tariffs. The Commission adopts rates that are generally based on the cost to provide service including a reasonable rate of return on utility investments. • Monitors service quality and adequacy. The Commission is responsible for assuring that regulated utility monopolies provide safe, adequate, and efficient service to customers. • Resolves consumer complaints related to energy utility service. (§ 40-6-108, C.R.S.). Garfield County Community Development Department 108 8t'' Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: Multiple DATE: October 23, 2013 UPDATE 6/6/14, 1/9/15 PROJECT: Xcel Energy — Rifle to Parachute 230kV Transmission Line OWNER: Multiple owners REPRESENTATIVE: Xcel Energy - Derek Holscher Katy Middleton ERO Resources - Aleta Powers PRACTICAL LOCATION: Rifle to Parachute TYPE OF APPLICATIONS: Location & Extent I. GENERAL PROJECT DESCRIPTION Xcel Energy/Public Service Company proposes construction of a major facility of the public utility company, specifically to site and construct a new 203kV transmission line from Rifle to Parachute. Locations of towers, substations and staging areas shall be included in the project narrative and on the site plan. Currently Xcel is in an environmental assessment review process with the BLM. The project is 18 miles long with towers between 75' and 120' high. The distance between towers will be 600' to 800'. The project proposes to utilize existing utility corridors where feasible, however use of any existing corridor would require width expansion to accommodate the additional lines. New utility corridors may be required, dependent upon the final route of the line. The 2013 Land Use and Development Code (LUDC), Article 15 defines these uses: Line, Transmission. Any power line designed for or capable of the transmission of 69 kilovolts of electricity or greater and that emanates from an electrical power generation facility or electric substation and terminates at a substation. Substation, Utility. Any facility designed to provide switching, voltage transformation, or voltage control required for the transmission of electricity 69 kilovolts or greater. The sole process required is for a Location & Extent review and decision by the Planning Commission. Section 4-111 of the LUDC states that the entity charged with authorizing and financing a public project shall submit an application. The entity applying must demonstrate that they have, or have the ability to obtain, proper easements for the utility corridor, substations and any staging areas associated with the construction activities. A public hearing is scheduled for Planning Commission review with proper notice that includes publication in the Rifle Citizen Telegram, posting of the site and mailing notice to all owners within 200' of the site. General Application Submittal Requirements (Section 4-101) Application Form and Fee Agreement to Pay form Project Description Easements (if they currently exist) Deeds or title commitment for substations (if under ownership of Xcel) Required legal documents must be provided that demonstrates that Xcel has the legal authority to proceed with the application Authorization for any consultant to act on behalf of Xcel A site plan of the corridor is required pursuant to Section 4-203 D. and should include corridor location and width including names and mailing addresses of owners, zoning district, property size, significant on-site features, topography, etc. This may involve multiple map layers. Staging areas and access to the sites must be discussed in the submittal information. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS FOR LOCATION & EXTENT. Garfield County Land Use and Development Code Sections: Section 4-101— Common Review Procedures Section 4-111— Location and Extent Review Table 4-201— Submittal Requirements III. REVIEW PROCESS The Location and Extent process, pursuant to the LUDC, is: A. Pre -application Conference. B. Application Submittal (three paper copies and one CD). C. Determination of Completeness. D. Schedule Public Hearing with Planning Commission and provide documentation regarding notice requirements. E. Additional Copies requested for Planning Commission and referral agencies (if any). F. Evaluation by Director/Staff resulting in a Staff Report to the Planning Commission. G. Public Hearing before the Planning Commission, resulting in a decision to approve, approve with conditions or deny the application. IV. PUBLIC HEARINGS AND NOTICE Public Hearing notices shall be posted, mailed and published pursuant to Section 4-101.E. based upon type of notice identified in Table 4-102. ➢ Planning Commission Referral may be sent to the following agencies: City of Rifle Town of Parachute Fire Protection District(s) Garfield County Engineer County reviewing engineer County Road & Bridge and/or CDOT, as necessary County Vegetation Manager County Environmental Health Colorado Parks and Wildlife Homeowners' Associations that corridor may cross Public Lands — BLM, Forest Service, as applicable Others as may be determined upon review of the application V. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ NO FEE Plus any additional Staff time charged at staff hourly rate of $40.50 Referral Agency Fees: $ TBD — Engineering review, if required County Surveyor: $ N/A Recordation: $ N/A Total Deposit: $ General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre-application Summary Prepared by: January 12, 2015 Kathy Eastley, AICP Date Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project Xcel Energy Rifle (Ute) to Parachute 230kV Transmission Line Public Service Company of Colorado Location and Extent Review Application Narrative Public Service Company of Colorado (PSCo), an Xcel Energy Company, is pursuing a Location and Extent Review (L&E) in Garfield County for the development of a transmission line and improvements to existing utility substations. The project is referred to as the Xcel Energy Rifle (Ute) to Parachute 230kV Transmission Line (RPTL). The proposed site will be located on multiple parcels south of Interstate 70 (I-70) from Parachute, Colorado to Rifle, Colorado. The proposed project will be defined as a Transmission Line and Utility Substation, according to the Garfield County Land Use and Development Code (LUDC). The main function of the transmission line and improvements to Rifle (Ute) and Parachute substations will be to increase the capacity and reliability of electrical service to the Parachute and Rifle areas. 1. Applicant Xcel Energy is a major U.S. electric and natural gas company with regulated operations in eight Western and Midwestern states. Xcel Energy provides a comprehensive portfolio of energy-related products and services to 3.4 million electric customers and 1.9 million natural gas customers. The utility company name is "branded" as Xcel Energy; however, the legal owner and operator of the utility facilities in Colorado is Public Service Company of Colorado. All utility facilities and related land rights, including fee property, easements, permits, etc, are owned by, operated by and held in the name of Public Service Company of Colorado (PSCo), a Colorado Corporation. The Colorado Public Utilities Commission requires a Certificate of Public Convenience and Necessity (CPCN) for construction and operation of an electric transmission line if the proposed project is out of the ordinary course of business for that utility. It is an application submitted by a utility to demonstrate that a proposed project is necessary, meets certain standards for noise and electromagnetic fields (EMF) and is in the public interest. PSCo submitted the CPCN application for this project on January 11, 2013. The application was approved on February 27, 2013 (Decision No. C13-0256 in Docket No. 13A -0032E). 2. Description The purpose of the proposed RPTL is to increase the capacity and reliability of electrical service to the Parachute and Rifle communities. Improvements to the existing Rifle (Ute) and Parachute substations will allow the subject facilities to function as the terminal points for the transmission line. The substations are located on parcels owned by PSCo. RPTL will be approximately 20.5 miles long, starting from the Rifle (Ute) Substation and traveling southwest to the Parachute Substation. The proposed right-of-way (ROW) width is 150 feet. The proposed transmission line is needed to provide additional transmission capacity to serve the current and anticipated oil and gas production needs in the project area, including the Piceance Basin and surrounding area. The RPTL follows existing transmission line corridors for about 90 percent of the alignment to minimize changes to the visual landscape. The 2 miles of transmission line that creates a new corridor is located in a rural area with scattered oil and gas production. Approximately, 4.65 miles of the proposed transmission line will be located within BLM lands. Of the 4.65 miles on BLM, 3.8 miles will be located within an existing transmission line corridor. Application Narrative Garfield County Location and Extent Review, 2015 Page 1 of 8 Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project Compressors are one of the main equipment components of oil and gas development. Typically, oil and gas developers have a choice between using natural gas -driven compressors or electric -driven compressors. Strict environmental regulations (air quality, noise, etc.) and competitive pricing of electricity drive the choice toward electric -driven compressors, which can reduce emissions and may result in decreased environmental impact. The anticipated demand increase is approximately 80 megawatts by 2016. The new line would prevent contingency overloads of PSCo's existing Rifle (Ute) to Parachute 230kV line that could occur under high demand and high transfer level conditions. The existing regional transmission system, including 230kV lines and 345 kV lines, does not have the capacity to meet anticipated future power demands. Additional transmission facilities are required to deliver the electricity to the load centers where energy needs are the greatest. The project is needed to enhance the reliability of the Western Slope transmission system in order to meet anticipated load growth caused by oil and gas development in Mesa and Garfield counties. The Project also supports retail service agreements in Western Colorado. The electrical demand increases (megawatts or "MW") that are presently under development will push the existing Rifle - Parachute 230kV line to the limits of its capacity. The load growth in the area consists primarily of natural gas developers that require transmission service to electric motor driven gas compressors for natural gas gathering and gas compression applications in Mesa and Garfield counties. Three committed load addition projects are being constructed or will be developed over the next two years. The Una Orchard load (Una Substation) increased its load by about 6 MW in 2012. The Starkey Gulch load (served out of the Parachute Substation) is expected to increase 40 MW - from approximately 15 MVA today to 55 MVA over the next two years. The Middle Fork (also served out of the Parachute Substation) demand is expected to increase about 5 MW - from approximately 45 MVA to around 50 MVA in the next year. These three projects will require the remaining load - serving capacity of the existing Rifle (PSCo)-Parachute-Cameo transmission system. In addition, two other retail customer load addition projects (totaling approximately 80 MW) are currently being considered in the area. Those projects cannot be implemented until the proposed Project is completed. The existing 230kV structures between PSCo's Rifle (PSCo) and Parachute Substations are single -circuit capable. Rebuilding them to double -circuit capable (to string the new line on one side) is not possible due to construction outage limitations meaning the line would need to be taken out of service to perform construction. The construction and operation of the project also would provide a reliable second source of power (redundancy) into central Garfield County communities, including the towns of Rifle and Parachute. The transmission line is needed to provide uninterrupted electrical service to the area to meet anticipated electrical demand for businesses and the community. The width of the ROW, and the restrictions within it, are determined by the National Electric Safety Code (NESC) operation considerations and are proportional to the voltage, structure type and State of Colorado Statutes. The proposed 230kV single circuit overhead transmission line (about 20.5 miles in length) would be located within a 150 -foot ROW/easement. The RPTL route would cross BLM and private lands. Easements would need to be purchased where project facilities cross private lands, along with ROW grants and permits for use of BLM lands. The BLM's "Findings of No Significant Impact" approval is located in the Impact Assessment tab. Easements and agreements with private landowners will be established after the approval of the subject Location and Extent Application. Application Narrative Garfield County Location and Extent Review, 2015 Page 2 of 8 Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project Weathering steel H -frame structures, which are considered to be the industry standard for a 230kV transmission line, will be installed to support the transmission line. The average pole height associated with an H -frame structure would vary between 75 and 120 feet above the ground, depending on topographic conditions. The H -frame structure would support three conductors and two overhead ground wires. Spans between structures would vary between 600 and 1,300 feet and the number of structures per mile would vary between 5 and 10, depending on the terrain. An ACSR conductor of adequate size, to carry the anticipated load and strength for the anticipated span lengths and weather conditions would be used, which has a minimum ground clearance of 30 feet at maximum operating temperature. The proposed new structures and line would be shorter than or comparable to existing facilities and visual changes to the landscape would be minimized. H -frame engineering drawings and H -frame Location Figure are provided in the Maps and Plans tab. The construction phase will be approximately 9 to 12 months. Several material staging areas will be required for the construction of the transmission line. Proposed material staging locations are depicted in the Site Plan, provided in the Maps and Plans. PSCo will not utilize all the proposed locations. Similar to the RPTL, contracts with landowners will not be established until permit applications have been approved. A list of potential material staging areas detailing location, landowner, and parcel information is located in the Maps and Plans tab. If negotiations are unsuccessful for the proposed material staging areas, other locations may be negotiated later. Construction activities would include foundation excavations, assembling and erecting structures, stringing conductors, restoration and cleanup, and site reclamation. Due to the length of the transmission line, it is anticipated that several crews would work simultaneously in constructing the line over the construction period. Average daily traffic during the installation construction period will be a minimum of three vehicles. A detailed construction schedule and equipment is located in the Impact Assessment tab. The proposed project will not impede or negatively impact transportation within Garfield County. The project will not result in loss of use of public, private, or any other access. The site will be accessed by existing roads and possibly helicopter. No new accesses will be required for the construction or maintenance of the proposed transmission line. Existing roads that were used for the construction of the existing lines (1960's and 1980's) will be cleared of vegetation and rocks and utilized for this project. Public notice and signs would be used for any road closures or detours required during construction. The County Roads Access Figure is provided in the Maps and Plans tab. PSCo will ensure construction and operation is conducted in compliance with all applicable Occupational Health and Safety (OSHA) rules and regulations and other standard operational procedures and protocols, including best management practices, to maintain a safe and healthy environment for workers and the public. PSCo will obtain all necessary permits from the Garfield County Building and Planning Department as required before the start of any future construction activities for the RPTL. 3. Impact Assessment Approximately 18.5 miles of the proposed transmission line will be constructed in existing transmission line corridors, reducing impacts to nearby municipalities while providing essential services to urban growth areas. To minimize visual impacts and maintain visual landscape character, the route for the transmission line was located parallel to the existing 345kV transmission line corridor and the existing 230kV transmission line route for all but about 2 miles. The RPTL follows existing transmission line corridors for about 90 percent of the alignment to Application Narrative Garfield County Location and Extent Review, 2015 Page 3 of 8 Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project minimize changes to the visual landscape. The 2 miles of transmission line that creates a new corridor is located in a rural area with scattered oil and gas production. In this 2 mile portion, the design will attempt to place the alignment/structures in areas where it will have a hillside backdrop and not be placed on the top of hills unless needed. Portions of the transmission line would be visible from I-70 north of Parachute where the new line would parallel an existing 230kV transmission line and from County Road 301. The transmission line would have limited visibility from County Road 320 for most of the western portion of the alignment. Photos of the proposed and existing corridor are provided in the Impact Assessment tab. The transmission line would be visible from several county and BLM roads and scattered rural residencies, but the visual character of the landscape would not change substantially from existing conditions where the transmission line follows existing lines. Limited vegetation clearing, revegetation of temporary disturbances, avoidance of new road construction, and use of weathering steel poles would contribute to minimizing impacts to the visual character of the landscape and maintaining. The clearing of some natural vegetation may be required and will be primarily at the structure locations; however, clearing would be performed when necessary to provide for surveying, foundation excavation, and electrical clearance requirements to support safety and line reliability, and construction and maintenance operations. Treatment of vegetation within the ROW includes the removal or trimming of trees to prevent contact between trees and the transmission line conductors. Temporary noise and human disturbance during construction may cause terrestrial wildlife to avoid the project area. Following construction, terrestrial wildlife would resume their normal use of the project area. The new transmission line corridor would have minimal habitat disturbance and would not affect habitat connectivity across the corridor. Use of existing road corridors would minimize clearing footprints. While the construction of the power line would have negligible impacts on wildlife species, the proposal would incrementally add to other impacts (both on public lands and private lands) which are impacting wildlife habitat and species in the Rifle -Parachute area. The RPTL site has been designed to mitigate potential risks to wildlife and minimize land disturbance. The project area has a December 1 to April 30 timing stipulation for big game winter range protection. The timing restriction would protect big game and other species wintering in the project area. All surface disturbances would be seeded with a mixture of native grasses adapted to the site to help prevent the invasion of noxious weeds and to reestablish native, perennial vegetation on the site. The transmission line route will cross the Colorado River floodplain near Parachute. If transmission line structures must be placed in the Colorado River floodplain, poles would be placed as far from the active channel as possible. Poles placed in the floodplain would not restrict the ability of the floodplain to convey and store floodwaters, and would not contribute to flooding during or after construction. Regular inspection of the poles in the floodplain by PSCo would be conducted to remove debris and ensure the integrity of the structures. Construction of a new transmission line would have a negligible contribution to cumulative adverse impacts to vegetation. The proposed project would have a minimal effect on the spread of noxious weeds, due to the small impact footprint and use of existing roads for construction and would have a negligible cumulative impact to overall vegetation communities. All construction equipment and vehicles involved in land disturbing actions would be free of noxious weed seeds or propagative parts prior to entry on site. When working in areas with Application Narrative Garfield County Location and Extent Review, 2015 Page 4 of 8 Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project noxious weeds, equipment would be cleaned prior to moving off site. Any weeds present in the pole construction locations would be treated prior to surface disturbing activities. Impacts, mitigations efforts, and reclamation activities are detailed in the Environmental Assessment, located in the Impact Assessment tab. The proposed RPTL will intersect several Garfield County roads. The transmission line will have a minimum clearance of 35 feet at each road crossings. The H -Frame structures will range from 75 feet to 120 feet. H -Frame heights vary due to the terrain; heights will be determined once the design is finalized. A table listing the County Roads and location where the proposed transmission line will intersect is provided in the Maps and Plans tab. PSCo is required to obtained additional permits from other government agencies for the construction of the RPTL. A table detailing permit status and copies of obtained permits are located in the Impact Assessment tab. The Applicant has conducted several Public Outreach programs to inform and discuss the project. Dates, location, description of the meetings are detailed in Public Outreach table, located in the Impact Assessment tab. 4. Parachute and Rifle (Ute) Substations PSCo constructed the Parachute substation in 1982. A Special Use Permit (Resolution 82-95) was issued for the construction of a transmission line and the Parachute Substation. The Special Use Permit and Deed are provided in the Parachute Substation Details, located the Maps and Plans tab. PSCo acquired the Rifle (Ute) substation in 1972 from Colorado Ute Electric Association. The Rifle (Ute) was construction from 1961 to 1963. The acquisition occurred after the initial construction was completed for the Rifle (Ute) substation. The initial original resolution and permit could not be located in the Garfield County records. An approved resolution (Resolution Number 83-296) was approved for a transmission line. The states the transmission line begins at the Rifle (Ute) substation. Two Amendments Land Use Change Permits were issued for the Rifle (Ute) Substation in 2011 and 2012. Permits and Deeds are provided in the Rifle (Ute) Substation Details, located the Maps and Plans tab. 5. Purpose and Need The main function of the project is to increase the capacity and reliability of electrical service to the Parachute and Rifle areas. The proposed transmission line is needed to provide additional transmission capacity to serve the current and anticipated electric needs for oil and gas production and exploration in the project area, including the Piceance Basin and surrounding area. A new transmission line would result in both long and short-term beneficial cumulative effects related from construction spending and the additional electrical power that would support regional development and oil and gas operations in Garfield and Mesa counties. 6. Comprehensive Plan The Comprehensive Plan Narrative, located in the Comprehensive Plan tab, addresses the conformance with the Garfield County Comprehensive Plan 2030 (GCCP) as stated in the LUDC for the Location and Extent Review Process. Application Narrative Garfield County Location and Extent Review, 2015 Page 5 of 8 Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project The proposed RPTL and associated substations are located within several Future Land Use areas. The Parachute Substation is located within the future land use Resource Lands/ Natural Area. The Rifle (Ute) Substation will be located within the future land use Urban Growth Area. The RPTL occurs within the Industrial, Resource Lands/ Natural, Unincorporated Community of Battlement Mesa, Residential Medium/High density, and Residential Low. The Future Land Use areas were considered when assessing the proposed use and GCCP 2030. The Future Land Use Zoning Map showing the location of RPTL and substations is located in the Comprehensive Plan tab. 7. Facilities and Equipment Summary The following section summarizes the structures and equipment that are currently existing and proposed for the subject site. Transmission Line Corridor Existing: ■ 230kV single -circuit Transmission Line ■ 345kV double -circuit Transmission Line Proposed: ■ 230kV single -circuit Transmission Line (20.5 miles) The RPTL Site Plan is provided in the Maps and Plans Tab. Parachute Substation Proposed: ■ (2) Dead -End Towers ■ Static Lines ■ 230kV Conductors (Cables and Aluminum Tubes) ■ (4) Disconnect Gang Switches & (6) Disconnect Gang Switch Supports ■ (3) Surge Arresters and (1)CCVT ■ (2) SF6 Circuit Breakers Improvements and upgrades are detailed in the Parachute Substation Project Plan, located in the Maps and Plans tab. Rifle (Ute) Substation Proposed: ■ (2) Dead -End Towers ■ Static Lines ■ 230kV Conductors ■ (10) Disconnect Gang Switches ■ (6) Surge Arresters and (6) CCVTS ■ (3) SF6 Circuit Breakers Improvements and upgrades are detailed in the Rifle (Ute) Substation Project Plan, located in the Maps and Plans tab. 8. Location Application Narrative Garfield County Location and Extent Review, 2015 Page 6 of 8 Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project The proposed RPTL site plan is designed to be approximately 375.2 acres and will be located south of I-70 from Parachute, CO to Rifle, CO. The RPTL and substations will be located entirely within Garfield County, Colorado. The RPTL is approximately 20.5 miles long and the ROW will be developed on 68 separate parcels. Below is the list of Section, Township, and Ranges that the proposed ROW will be located in. Township 7 South R 95 West of the 6th Principal Meridian, Garfield County • Section 1 • Section 2 • Section 3 • Section 4 • Section 5 • Section 6 • Section 12 • Section 13 • Section 11 Township 7 South R 94 West of the 6th Principal Meridian, Garfield County • Section 1 • Section 7 • Section 8 • Section 9 • Section 10 • Section 11 • Section 12 • Section 15 • Section 16 • Section 17 • Section 18 Township 7 South R 93 West of the 6th Principal Meridian, Garfield County • Section 4 • Section 5 • Section 6 • Section 7 • Section 8 Township 6 South R 93 West of the 6th Principal Meridian, Garfield County • Section 13 • Section 14 • Section 21 • Section 22 • Section 23 • Section 28 • Section 29 • Section 32 • Section 33 Application Narrative Garfield County Location and Extent Review, 2015 Page 7 of 8 Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project An address list of real property located within the proposed ROW, the mailing address for each of the property owners, and zone districts, are provided in the Maps and Plans tab. PSCo, the applicant, is the owner of the properties where the subject substations are located. The Rifle (Ute) Substation is located on Parcel #217714400285 Section 14, Township 6 South, and Range 93 West within the Rural zone district. The Parachute Substation is located on Parcel # 240706300141, Section 6, Township 7 South, and Range 95 West within the Resource Lands zone district. In accordance with Garfield County's §24-65.5-101, a complete list of the mineral interest owner of the subject property is located in the Impact Assessment Tab. Existing use of property and neighboring properties vary from Planned Unit Development to Resource Lands. Of the 68 parcels, 64 are zoned Resource Lands or Rural. Existing use of the surrounding area is residential, natural resources extraction, public lands, and agricultural. Application Narrative Garfield County Location and Extent Review, 2015 Page 8 of 8 Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project Xcel Energy Rifle (Ute) to Parachute 23OkV Transmission Line Public Service Company of Colorado Location and Extent Review Application Narrative Public Service Company of Colorado (PSCo), an Xcel Energy Company, is pursuing a Location and Extent Review (L&E) in Garfield County for the development of a transmission line and improvements to existing utility substations. The project is referred to as the Xcel Energy Rifle (Ute) to Parachute 230kV Transmission Line (RPTL). The proposed site will be located on multiple parcels south of Interstate 70 (I-70) from Parachute, Colorado to Rifle, Colorado. The proposed project will be defined as a Transmission Line and Utility Substation, according to the Garfield County Land Use and Development Code (LUDC). The main function of the transmission line and improvements to Rifle (Ute) and Parachute substations will be to increase the capacity and reliability of electrical service to the Parachute and Rifle areas. 1. Applicant Xcel Energy is a major U.S. electric and natural gas company with regulated operations in eight Western and Midwestern states. Xcel Energy provides a comprehensive portfolio of energy-related products and services to 3.4 million electric customers and 1.9 million natural gas customers. The utility company name is "branded" as Xcel Energy; however, the legal owner and operator of the utility facilities in Colorado is Public Service Company of Colorado. All utility facilities and related land rights, including fee property, easements, permits, etc, are owned by, operated by and held in the name of Public Service Company of Colorado (PSCo), a Colorado Corporation. The Colorado Public Utilities Commission requires a Certificate of Public Convenience and Necessity (CPCN) for construction and operation of an electric transmission line if the proposed project is out of the ordinary course of business for that utility. It is an application submitted by a utility to demonstrate that a proposed project is necessary, meets certain standards for noise and electromagnetic fields (EMF) and is in the public interest. PSCo submitted the CPCN application for this project on January 11, 2013. The application was approved on February 27, 2013 (Decision No. C13-0256 in Docket No. 13A -0032E). 2. Description The purpose of the proposed RPTL is to increase the capacity and reliability of electrical service to the Parachute and Rifle communities. Improvements to the existing Rifle (Ute) and Parachute substations will allow the subject facilities to function as the terminal points for the transmission line. The substations are located on parcels owned by PSCo. RPTL will be approximately 20.5 miles long, starting from the Rifle (Ute) Substation and traveling southwest to the Parachute Substation. The proposed right-of-way (ROW) width is 150 feet. The proposed transmission line is needed to provide additional transmission capacity to serve the current and anticipated oil and gas production needs in the project area, including the Piceance Basin and surrounding area. The RPTL follows existing transmission line corridors for about 90 percent of the alignment to minimize changes to the visual landscape. The 2 miles of transmission line that creates a new corridor is located in a rural area with scattered oil and gas production. Approximately, 4.65 miles of the proposed transmission line will be located within BLM lands. Of the 4.65 miles on BLM, 3.8 miles will be located within an existing transmission line corridor. Application Narrative Garfield County Location and Extent Review, 2015 Page 1 of 8 Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project Compressors are one of the main equipment components of oil and gas development. Typically, oil and gas developers have a choice between using natural gas -driven compressors or electric -driven compressors. Strict environmental regulations (air quality, noise, etc.) and competitive pricing of electricity drive the choice toward electric -driven compressors, which can reduce emissions and may result in decreased environmental impact. The anticipated demand increase is approximately 80 megawatts by 2016. The new line would prevent contingency overloads of PSCo's existing Rifle (Ute) to Parachute 230kV line that could occur under high demand and high transfer level conditions. The existing regional transmission system, including 230kV lines and 345 kV lines, does not have the capacity to meet anticipated future power demands. Additional transmission facilities are required to deliver the electricity to the load centers where energy needs are the greatest. The project is needed to enhance the reliability of the Western Slope transmission system in order to meet anticipated load growth caused by oil and gas development in Mesa and Garfield counties. The Project also supports retail service agreements in Western Colorado. The electrical demand increases (megawatts or "MW") that are presently under development will push the existing Rifle - Parachute 230kV line to the limits of its capacity. The load growth in the area consists primarily of natural gas developers that require transmission service to electric motor driven gas compressors for natural gas gathering and gas compression applications in Mesa and Garfield counties. Three committed load addition projects are being constructed or will be developed over the next two years. The Una Orchard load (Una Substation) increased its load by about 6 MW in 2012. The Starkey Gulch load (served out of the Parachute Substation) is expected to increase 40 MW - from approximately 15 MVA today to 55 MVA over the next two years. The Middle Fork (also served out of the Parachute Substation) demand is expected to increase about 5 MW - from approximately 45 MVA to around 50 MVA in the next year. These three projects will require the remaining load - serving capacity of the existing Rifle (PSCo)-Parachute-Cameo transmission system. In addition, two other retail customer load addition projects (totaling approximately 80 MW) are currently being considered in the area. Those projects cannot be implemented until the proposed Project is completed. The existing 230kV structures between PSCo's Rifle (PSCo) and Parachute Substations are single -circuit capable. Rebuilding them to double -circuit capable (to string the new line on one side) is not possible due to construction outage limitations meaning the line would need to be taken out of service to perform construction. The construction and operation of the project also would provide a reliable second source of power (redundancy) into central Garfield County communities, including the towns of Rifle and Parachute. The transmission line is needed to provide uninterrupted electrical service to the area to meet anticipated electrical demand for businesses and the community. The width of the ROW, and the restrictions within it, are determined by the National Electric Safety Code (NESC) operation considerations and are proportional to the voltage, structure type and State of Colorado Statutes. The proposed 230kV single circuit overhead transmission line (about 20.5 miles in length) would be located within a 150 -foot ROW/easement. The RPTL route would cross BLM and private lands. Easements would need to be purchased where project facilities cross private lands, along with ROW grants and permits for use of BLM lands. The BLM's "Findings of No Significant Impact" approval is located in the Impact Assessment tab. Easements and agreements with private landowners will be established after the approval of the subject Location and Extent Application. Application Narrative Garfield County Location and Extent Review, 2015 Page 2 of 8 Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project Weathering steel H -frame structures, which are considered to be the industry standard for a 230kV transmission line, will be installed to support the transmission line. The average pole height associated with an H -frame structure would vary between 75 and 120 feet above the ground, depending on topographic conditions. The H -frame structure would support three conductors and two overhead ground wires. Spans between structures would vary between 600 and 1,300 feet and the number of structures per mile would vary between 5 and 10, depending on the terrain. An ACSR conductor of adequate size, to carry the anticipated load and strength for the anticipated span lengths and weather conditions would be used, which has a minimum ground clearance of 30 feet at maximum operating temperature. The proposed new structures and line would be shorter than or comparable to existing facilities and visual changes to the landscape would be minimized. H -frame engineering drawings and H -frame Location Figure are provided in the Maps and Plans tab. The construction phase will be approximately 9 to 12 months. Several material staging areas will be required for the construction of the transmission line. Proposed material staging locations are depicted in the Site Plan, provided in the Maps and Plans. PSCo will not utilize all the proposed locations. Similar to the RPTL, contracts with landowners will not be established until permit applications have been approved. A list of potential material staging areas detailing location, landowner, and parcel information is located in the Maps and Plans tab. If negotiations are unsuccessful for the proposed material staging areas, other locations may be negotiated later. Construction activities would include foundation excavations, assembling and erecting structures, stringing conductors, restoration and cleanup, and site reclamation. Due to the length of the transmission line, it is anticipated that several crews would work simultaneously in constructing the line over the construction period. Average daily traffic during the installation construction period will be a minimum of three vehicles. A detailed construction schedule and equipment is located in the Impact Assessment tab. The proposed project will not impede or negatively impact transportation within Garfield County. The project will not result in loss of use of public, private, or any other access. The site will be accessed by existing roads and possibly helicopter. No new accesses will be required for the construction or maintenance of the proposed transmission line. Existing roads that were used for the construction of the existing lines (1960's and 1980's) will be cleared of vegetation and rocks and utilized for this project. Public notice and signs would be used for any road closures or detours required during construction. The County Roads Access Figure is provided in the Maps and Plans tab. PSCo will ensure construction and operation is conducted in compliance with all applicable Occupational Health and Safety (OSHA) rules and regulations and other standard operational procedures and protocols, including best management practices, to maintain a safe and healthy environment for workers and the public. PSCo will obtain all necessary permits from the Garfield County Building and Planning Department as required before the start of any future construction activities for the RPTL. 3. Impact Assessment Approximately 18.5 miles of the proposed transmission line will be constructed in existing transmission line corridors, reducing impacts to nearby municipalities while providing essential services to urban growth areas. To minimize visual impacts and maintain visual landscape character, the route for the transmission line was located parallel to the existing 345kV transmission line corridor and the existing 230kV transmission line route for all but about 2 miles. The RPTL follows existing transmission line corridors for about 90 percent of the alignment to Application Narrative Garfield County Location and Extent Review, 2015 Page 3 of 8 Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project minimize changes to the visual landscape. The 2 miles of transmission line that creates a new corridor is located in a rural area with scattered oil and gas production. In this 2 mile portion, the design will attempt to place the alignment/structures in areas where it will have a hillside backdrop and not be placed on the top of hills unless needed. Portions of the transmission line would be visible from I-70 north of Parachute where the new line would parallel an existing 230kV transmission line and from County Road 301. The transmission line would have limited visibility from County Road 320 for most of the western portion of the alignment. Photos of the proposed and existing corridor are provided in the Impact Assessment tab. The transmission line would be visible from several county and BLM roads and scattered rural residencies, but the visual character of the landscape would not change substantially from existing conditions where the transmission line follows existing lines. Limited vegetation clearing, revegetation of temporary disturbances, avoidance of new road construction, and use of weathering steel poles would contribute to minimizing impacts to the visual character of the landscape and maintaining. The clearing of some natural vegetation may be required and will be primarily at the structure locations; however, clearing would be performed when necessary to provide for surveying, foundation excavation, and electrical clearance requirements to support safety and line reliability, and construction and maintenance operations. Treatment of vegetation within the ROW includes the removal or trimming of trees to prevent contact between trees and the transmission line conductors. Temporary noise and human disturbance during construction may cause terrestrial wildlife to avoid the project area. Following construction, terrestrial wildlife would resume their normal use of the project area. The new transmission line corridor would have minimal habitat disturbance and would not affect habitat connectivity across the corridor. Use of existing road corridors would minimize clearing footprints. While the construction of the power line would have negligible impacts on wildlife species, the proposal would incrementally add to other impacts (both on public lands and private lands) which are impacting wildlife habitat and species in the Rifle -Parachute area. The RPTL site has been designed to mitigate potential risks to wildlife and minimize land disturbance. The project area has a December 1 to April 30 timing stipulation for big game winter range protection. The timing restriction would protect big game and other species wintering in the project area. All surface disturbances would be seeded with a mixture of native grasses adapted to the site to help prevent the invasion of noxious weeds and to reestablish native, perennial vegetation on the site. The transmission line route will cross the Colorado River floodplain near Parachute. If transmission line structures must be placed in the Colorado River floodplain, poles would be placed as far from the active channel as possible. Poles placed in the floodplain would not restrict the ability of the floodplain to convey and store floodwaters, and would not contribute to flooding during or after construction. Regular inspection of the poles in the floodplain by PSCo would be conducted to remove debris and ensure the integrity of the structures. Construction of a new transmission line would have a negligible contribution to cumulative adverse impacts to vegetation. The proposed project would have a minimal effect on the spread of noxious weeds, due to the small impact footprint and use of existing roads for construction and would have a negligible cumulative impact to overall vegetation communities. All construction equipment and vehicles involved in land disturbing actions would be free of noxious weed seeds or propagative parts prior to entry on site. When working in areas with Application Narrative Garfield County Location and Extent Review, 2015 Page 4 of 8 Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project noxious weeds, equipment would be cleaned prior to moving off site. Any weeds present in the pole construction locations would be treated prior to surface disturbing activities. Impacts, mitigations efforts, and reclamation activities are detailed in the Environmental Assessment, located in the Impact Assessment tab. The proposed RPTL will intersect several Garfield County roads. The transmission line will have a minimum clearance of 35 feet at each road crossings. The H -Frame structures will range from 75 feet to 120 feet. H -Frame heights vary due to the terrain; heights will be determined once the design is finalized. A table listing the County Roads and location where the proposed transmission line will intersect is provided in the Maps and Plans tab. PSCo is required to obtained additional permits from other government agencies for the construction of the RPTL. A table detailing permit status and copies of obtained permits are located in the Impact Assessment tab. The Applicant has conducted several Public Outreach programs to inform and discuss the project. Dates, location, description of the meetings are detailed in Public Outreach table, located in the Impact Assessment tab. 4. Parachute and Rifle (Ute) Substations PSCo constructed the Parachute substation in 1982. A Special Use Permit (Resolution 82-95) was issued for the construction of a transmission line and the Parachute Substation. The Special Use Permit and Deed are provided in the Parachute Substation Details, located the Maps and Plans tab. PSCo acquired the Rifle (Ute) substation in 1972 from Colorado Ute Electric Association. The Rifle (Ute) was construction from 1961 to 1963. The acquisition occurred after the initial construction was completed for the Rifle (Ute) substation. The initial original resolution and permit could not be located in the Garfield County records. An approved resolution (Resolution Number 83-296) was approved for a transmission line. The states the transmission line begins at the Rifle (Ute) substation. Two Amendments Land Use Change Permits were issued for the Rifle (Ute) Substation in 2011 and 2012. Permits and Deeds are provided in the Rifle (Ute) Substation Details, located the Maps and Plans tab. 5. Purpose and Need The main function of the project is to increase the capacity and reliability of electrical service to the Parachute and Rifle areas. The proposed transmission line is needed to provide additional transmission capacity to serve the current and anticipated electric needs for oil and gas production and exploration in the project area, including the Piceance Basin and surrounding area. A new transmission line would result in both long and short-term beneficial cumulative effects related from construction spending and the additional electrical power that would support regional development and oil and gas operations in Garfield and Mesa counties. 6. Comprehensive Plan The Comprehensive Plan Narrative, located in the Comprehensive Plan tab, addresses the conformance with the Garfield County Comprehensive Plan 2030 (GCCP) as stated in the LUDC for the Location and Extent Review Process. Application Narrative Garfield County Location and Extent Review, 2015 Page 5 of 8 Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project The proposed RPTL and associated substations are located within several Future Land Use areas. The Parachute Substation is located within the future land use Resource Lands/ Natural Area. The Rifle (Ute) Substation will be located within the future land use Urban Growth Area. The RPTL occurs within the Industrial, Resource Lands/ Natural, Unincorporated Community of Battlement Mesa, Residential Medium/High density, and Residential Low. The Future Land Use areas were considered when assessing the proposed use and GCCP 2030. The Future Land Use Zoning Map showing the location of RPTL and substations is located in the Comprehensive Plan tab. 7. Facilities and Equipment Summary The following section summarizes the structures and equipment that are currently existing and proposed for the subject site. Transmission Line Corridor Existing: ■ 230kV single -circuit Transmission Line ■ 345kV double -circuit Transmission Line Proposed: ■ 230kV single -circuit Transmission Line (20.5 miles) The RPTL Site Plan is provided in the Maps and Plans Tab. Parachute Substation Proposed: ■ (2) Dead -End Towers ■ Static Lines ■ 230kV Conductors (Cables and Aluminum Tubes) ■ (4) Disconnect Gang Switches & (6) Disconnect Gang Switch Supports ■ (3) Surge Arresters and (1)CCVT ■ (2) SF6 Circuit Breakers Improvements and upgrades are detailed in the Parachute Substation Project Plan, located in the Maps and Plans tab. Rifle (Ute) Substation Proposed: ■ (2) Dead -End Towers ■ Static Lines ■ 230kV Conductors ■ (10) Disconnect Gang Switches ■ (6) Surge Arresters and (6) CCVTS ■ (3) SF6 Circuit Breakers Improvements and upgrades are detailed in the Rifle (Ute) Substation Project Plan, located in the Maps and Plans tab. 8. Location Application Narrative Garfield County Location and Extent Review, 2015 Page 6 of 8 Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project The proposed RPTL site plan is designed to be approximately 375.2 acres and will be located south of I-70 from Parachute, CO to Rifle, CO. The RPTL and substations will be located entirely within Garfield County, Colorado. The RPTL is approximately 20.5 miles long and the ROW will be developed on 68 separate parcels. Below is the list of Section, Township, and Ranges that the proposed ROW will be located in. Township 7 South R 95 West of the 6th Principal Meridian, Garfield County Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 12 Section 13 Section 11 Township 7 South R 94 West of the 6th Principal Meridian, Garfield County Section 1 Section 7 Section 8 Section 9 Section 10 Section 11 Section 12 Section 15 Section 16 Section 17 Section 18 Township 7 South R 93 West of the 6th Principal Meridian, Garfield County Section 4 Section 5 Section 6 Section 7 Section 8 Township 6 South R 93 West of the 6th Principal Meridian, Garfield County Section 13 Section 14 Section 21 Section 22 Section 23 Section 28 Section 29 Section 32 Section 33 Application Narrative Garfield County Location and Extent Review, 2015 Page 7 of 8 Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project An address list of real property located within the proposed ROW, the mailing address for each of the property owners, and zone districts, are provided in the Maps and Plans tab. PSCo, the applicant, is the owner of the properties where the subject substations are located. The Rifle (Ute) Substation is located on Parcel #217714400285 Section 14, Township 6 South, and Range 93 West within the Rural zone district. The Parachute Substation is located on Parcel # 240706300141, Section 6, Township 7 South, and Range 95 West within the Resource Lands zone district. In accordance with Garfield County's §24-65.5-101, a complete list of the mineral interest owner of the subject property is located in the Impact Assessment Tab. Existing use of property and neighboring properties vary from Planned Unit Development to Resource Lands. Of the 68 parcels, 64 are zoned Resource Lands or Rural. Existing use of the surrounding area is residential, natural resources extraction, public lands, and agricultural. Application Narrative Garfield County Location and Extent Review, 2015 Page 8 of 8 Public Service Company of Colorado Xcel Rifle to Parachute 230kV Transmission Line Application Materials Table of Contents 1. Location and Extent Application Form 2. Payment Agreement Form 3. Signature of Authority 4. Agent Authorization 5. Public Utility Documentation 6. Pre -application Summary 7. Application Narrative Application Materials - Table of Contents Garfield County Location and Extent Review, 2015 Page 1 of 1 _yerg J AL 6600/7/' 5700 PR 3.120 PR AL US NAVAL OIL SHALE RESERVE PR c PR PR IN.LLC S TANNER J EXXON MOBIL CORPORATION 1 ENCANA OIL & GAS (USA) IANC )� CHEVRO▪ N ▪ USA INC 5100 PERRIN BATTLEMENT MESA GOLF COURSE, LLC ( ROBERTSON.'--- MAS ANUPPEL Al' CLIFF L 8 LESLIE DIANN SHOPE SCOT HENRY, PHYLLIS L - TRUSTEE OF THE GAYLORD J HENRY FAMILY TRUST GABRIEL. CURTIS ALONZO REVOCABLE TRUST BM JOLI TOMPKINS:.THOMAS LYNN SAVAGE LIMITED PARTNER$HIP li a�- �y]yr�.r `L �3tFi P4 `.FSGNl\ 1i1^f EVANS, JACKTJR_• BATTLEMENT MESA LAND INVESTMENTS BCHAEFI , I A MONUMENT HOLDINGS LLC J? ti BATTLEMENT MESA LAND INVESTMENTS PARCEL 1, LLC BATTLEMENT MESA LANG INVESTMENTS SCHAEFFER, NATHAN A'B BECKY...' BATTLEMENT MESA LAND INVESTMENTS PARCEL 7. LLC SAPPINGTON, JUDY T & KULP, STEVE r BATTLEMENT MESA LAND INVESTMENTS PARCEL OHS, LLC • / r— ( l ly r BATTLEMENT MESA LAND INVESTMENTS PARCEL 2, LLC I GRACE BIBLE CHURCH OF PARACHUTE • • • • • • - 6400 • •• - PR PR RIFLE - PARACHUTE Routing Segments Sheet 1 Project Size 20.5 miles and 375.2 acres Legend ri Potential Storage Yard Location Potential Proposed Route Proposed Transmission Line Easement / ROW Environmental Analysis Survey Area L Substation n Potential Storage Yard Location o Potential New Transmission Structure o Existing Transmission Structure Xcel/PSCo Transmission Line 345 kV 230 kV 138 kV - 69 kV - - - Xcel / PSCo Pipeline - White River 69kV Transmission Line Well (200ft Buffer) f Water Body Wetland Stream / Ditch Floodplain Land Owner BLM Private COGCC Well Labels AB - Abandoned AC - Active AL - Abandoned Location CL - Closed CM - Commingled DA - Dry and Abandoned DG - Drilling DM - Domestic Well IJ - Injecting PA - Plugged and Abandoned PR - Producing RC - Recompleted SI - Shut In TA - Temporarily Abandoned WO - Waiting on Completion XX - Permitted Location � I 0 500 1,000 Feet 2,000 1"= 700 feet Date: 1/29/2015 Xcel Energy® RESPONSIBLE 8Y NATURE"' J00 - I t'K 5200 MAHAFFFY JUSTIN V ROLL! ROBERT 1939 LIVING TRUST RULISON HOMESTEAD BLUE RIBBON RANCH LLC GRAND VALLEY FIRE PROTECTION DISTRICT •v:Navll"V0� 1.'k YYS�.:�� PUCKETT LAND COMPANY & MORE. 04 CORP PUCKETT LAND COMPANY & �• DIAMOND ELK. LLC 5600 -.+. BUD STRONG FAMILY LL LP FARRIS. RENEE DIANE HOAGLUND. EDWARD J & IDA L. PR PR 520U 58.00 /"^ f .�;�.--•"'" THUNDER RIVER VENTURE III, LLC.,....„ RAPPE, CARL D --..a..-TO 5ryp0 , 00pp0 ti KNIGHT. J SCOTT 5300 ' _ - WILLIAMS PRODUCTION RMT COMPANY. 5500 ROBERTSON, - MANUPPELLA CLIFF L & LESLIE DIANN HENRY, PHYLLIS L - TRUSTEE OF THE GAYLORD J HENRY FAMILY TRUST SCOTT, ERIC l' JABS, JASON M & KELLI WARNER, BECKYD GIBSON WATSON, MARY M WPX ENERGY ROCKY MOUNTAIN, LLC SHOPE- BINN/AN TURNER KRACHT MURPHY JOLLY CASTLE, BE WARNER, BECKYO' SAUTER '.NERSHIPI , FRONTELLA HYRUP SCHUETTE; MARK THUNDER RIVER VENTURE III. LLC TILL, KENNETH & MARIANNE ' FIRTH, DENNIS H JABLONSKY DIAMOND ELK, LLC GRAHAM EVERS, KENT M OLEARY EVANS, JACKT-JR- - MEADER ERTL, JANN BAI ICEMEN I MESA LAND INVE S (MEN! S 1 J SCHAEFFER. NATHAN A & BECKY AL BURCHFIELD B01 KIN SCHAEFFER, NATHAN & RECKY CI. ' PA SATTERFIELD "MCCURDY ANDERSON, MARY R. FIRTH _ STARK WHITE RAMSEY CACHE CREEK LLC HARRIER KRA CHT HAGEMANWSTEVEN Wi"'-� ( ` W/ESSNER ARTHUR & ETHNA l" it - &..',0 OPSTEIN, MARK A & JEANNE B BOYLES. JAMES K & HILDA'R tr. LEMON, JAMES R 7 JACOBS. KARLA E & T PALMER MCCARTY KADINGER - -/ GOLOSBOROUGH, MILES 8, TRUST BOYLES, DOUGLAS R HIRNEISEN SAPPINGTON, JUDY T & KULP, STEVE -a BEVANS-BACKES, KATHER SACCA-r WASHBURN NOBLE ENERGY INC .- DOUBLER RANCH LLC f SCHAEFFER NOBLE ENERGY INC MESA ACRES LLC — G300' - }` .100`PR CLEM RANCH LLC Nrjrr- PR FURR, DAVID L' • WARREN, RANDY N'&PAT� RIC/AD' 7600 7700-"'-t ./ ^ Z4 T 7900 9�0 RIFLE - PARACHUTE Routing Segments Sheet 2 Project Size 20.5 miles and 375.2 acres Legend Potential Storage Yard Location Potential Proposed Route Proposed Transmission Line Easement / ROW Environmental Analysis Survey Area O Substation Potential Storage Yard Location o Potential New Transmission Structure o Existing Transmission Structure Xcel/PSCo Transmission Line 345 kV 230 kV 138 kV 69 kV - - - Xcel / PSCo Pipeline White River 69kV Transmission Line Well (200ft Buffer) f Water Body Wetland Stream / Ditch Floodplain Land Owner BLM Private COGCC Well Labels AB - Abandoned AC - Active AL - Abandoned Location CL - Closed CM - Commingled DA - Dry and Abandoned DG - Drilling DM - Domestic Well IJ - Injecting PA - Plugged and Abandoned PR - Producing RC - Recompleted SI - Shut In TA - Temporarily Abandoned WO - Waiting on Completion XX - Permitted Location 0 500 1,000 Feet 2,000 1" = 700 feet Date: 1/29/2015 t?, Xcel Energy° RESPONSIBLE BY NATURE" ,- �.-^"!� THUNDER RIVER VENTURE In. LLC AL WPX ENERGY ROCKY MOUNTAIN, LLC MOUNTAIN VALLEY DEVELOPMENTAL SERVICE THUNDER R/VERVENTURE Ill, LLC STUBBS LAND 8 HOLDING, BELDEN, ROSEMARY H ORITE. SCOTT B CANDACE GORE, WESLEY T & DEBRA J HARRIS, ANDREW J & SHIRLEYJ� WPX ENERGY ROCKY MOUNTAIN, LLC Li NERGY WPX ENERGY ROCKY MOUNTAIN. LLC I WPX ENERGY ROCKY MOUNTAIN, LLC 1' 6500 SHEETS f Mor ' ania Mesa Rd� T� BOYLES, JAMES K & HILDA.R J BE VANS -BA CKES. KATHERINE A SAVAGE, JOAN / L SAVAGE, JOAN L SAVAGE, JOAN L LOCKLEAR, DANNIE P SR O DOUBLE B RANCH LLC SAVAGE. JOAN L 7500 o � _ DOTSON FAMILY TRYST 8 co 7900 BRYNILDSON, SCOTT W & LINDA S 00 RIFLE - PARACHUTE Routing Segments Grand Mesa National Forest - ' Sheet 3 Project Size 20.5 miles and 375.2 acres Legend Potential Storage Yard Location Potential Proposed Route Proposed Transmission Line Easement / ROW Environmental Analysis Survey Area O Substation Potential Storage Yard Location o Potential New Transmission Structure o Existing Transmission Structure Xcel/PSCo Transmission Line 345 kV 230 kV 138 kV 69 kV - - - Xcel / PSCo Pipeline White River 69kV Transmission Line Well (200ft Buffer) So Water Body Wetland Stream / Ditch 1 Floodplain Land Owner BLM Private COGCC Well Labels AB - Abandoned AC - Active AL - Abandoned Location CL - Closed CM - Commingled DA - Dry and Abandoned DG - Drilling DM - Domestic Well IJ - Injecting PA - Plugged and Abandoned PR - Producing RC - Recompleted SI - Shut In TA - Temporarily Abandoned WO - Waiting on Completion XX - Permitted Location 0 500 1,000 Feet 2,000 1" = 700 feet Date: 1/29/2015 t?, Xcel Energy° RESPONSIBLE BY NATURE" AL • PR 2, J 7*- MACKLEY, ARNOLD Ld EDARLEEN ♦ • 0 • ♦ t ♦ r ♦ •♦ • / PR-^stoo� Jfjf SAVAGE, JOAN L •} 6600 ■ • 1 5600 PR PR AL PR rT RIENAU, AUSTIN .FUSILIER. LOUIS JR & HELEN C Th\, PR AL PR --THOMPSON. DALE THOMAS AND GEORGIANNE 300 ` 6000 —' ----_- VOUBERG BEAVER CREEK RANCH SAVAGE, JOAN L fII I J.. ,• \ PR )\�}J H �. PR f ` ) \\, j (5 ,- `-` f 111 \I ` AL WINCHESTER TRUST DATED 09/30/03 & SCARBER ALLEN RUSSELL AS CO-TRUSEES & SCHULTZ. ALICE MARIE AS CO -TRUSTEES / 1� /} 090 1 PR PR SAVA AN Lill. .r—YOUHERG BEAVER CREEK RANCH GE, JOAN L 666 YOUBERG BEAVER CREEK RANCH ..o WARE, WILL/AMS & FRANCES W 7500' AL SAVAGE, JOAN L 7600 aoo ' DOTSON FAMILY TRUST 7900 �� y MW STATE CONSTRUCTION CO., INC. 4 _ 1 MENDROP,'MATTHEW B d REBEKAH RINDERLE RENTALS LLC ENTRUST RETIREMENT SERVICES HAUOUITZ. STEVE RINDERLE RENTALS LLC i I KARR. ELIZABETH & JOEL MAND/CH, ROBERT GORDMAN LEVERICH, LLP HOOKER, BOBBY G d GENEVIE E RIFLE - PARACHUTE Routing Segments if f or i Grand Mesa i National Forest - - — 17 Sheet 4 Project Size 20.5 miles and 375.2 acres Legend Potential Storage Yard Location Potential Proposed Route Proposed Transmission Line Easement / ROW Environmental Analysis Survey Area O Substation Potential Storage Yard Location o Potential New Transmission Structure o Existing Transmission Structure Xcel/PSCo Transmission Line 345 kV 230 kV 138 kV 69 kV - - - Xcel / PSCo Pipeline White River 69kV Transmission Line Well (200ft Buffer) So Water Body Wetland Stream / Ditch Floodplain Land Owner BLM Private COGCC Well Labels AB - Abandoned AC - Active AL - Abandoned Location CL - Closed CM - Commingled DA - Dry and Abandoned DG - Drilling DM - Domestic Well IJ - Injecting PA - Plugged and Abandoned PR - Producing RC - Recompleted SI - Shut In TA - Temporarily Abandoned WO - Waiting on Completion XX - Permitted Location 0 500 1,000 Feet 2,000 1" = 700 feet Date: 1/29/2015 t?, Xcel Energy° BESPO NSIBLE BY NATURE" 620 ,J/ 6200 r /r 0 ZIELINSKI. JAMES P & J▪ ANICE BEATON L 300 BEAVER CREEK LAND TRUST, rrL --r-N- ( MCGUIRE. MICHAEL T & TERE M I AL 1 SHERIDA/N, JANET K & CLINTON B t. • HOWARD, KENNETH 1 LEVERICH. CHRIS 6600 BRENNAN, WESLEY A & JUANITA M RHINE, ELENA MESKIN, MICHAEL & PR i P R :, WOLF, JESSE R & JENNIFER R LANGE, DENISE L ENCANA OIL & GAS (USA) INC PR6900Th r CARLSON, DAVID V JOAN L 1DURNIL, KENNETH E & MARCIA ENCANA OIL & GAS (U GERLEMAN, GRANT 0 & SWISHER, KELL; L CHA PA 0000 I 't MATTIS, JUDITH K B CANOOW, JOHN GORDON / rff i RUDOLPH ASSOCIATES, LLC, 0 • PA WILSON, RICK E 7200 YOUBERG BEAVER CREEK RANCH BAUER, GEORGE R MOUSERS BEAVER CREEK RANCH/ // PR AL 4RE; WILLIAM S & PRANCES W / YOUBERG BEAVER CREEK RANCH 13p0. -_ ENCANA OIL & GAS (USA) INC\ 7900 1 0 `\ MSBFRANCES W � l �m \ / 8000 BUREAU OF LAND MANAGEMENT RIFLE - PARACHUTE Routing Segments r —J ,-4 JX� - lff Y 1'Grand.Mesa National Forest Sheet 5 Project Size 20.5 miles and 375.2 acres Legend Potential Storage Yard Location Potential Proposed Route Proposed Transmission Line Easement / ROW Environmental Analysis Survey Area O Substation Potential Storage Yard Location o Potential New Transmission Structure o Existing Transmission Structure Xcel/PSCo Transmission Line 345 kV 230 kV 138 kV 69 kV - - - Xcel / PSCo Pipeline White River 69kV Transmission Line Well (200ft Buffer) f Water Body Wetland Stream / Ditch Floodplain Land Owner BLM Private COGCC Well Labels AB - Abandoned AC - Active AL - Abandoned Location CL - Closed CM - Commingled DA - Dry and Abandoned DG - Drilling DM - Domestic Well R IJ - Injecting PA - Plugged and Abandoned PR - Producing RC - Recompleted SI - Shut In TA - Temporarily Abandoned WO - Waiting on Completion XX - Permitted Location 0 500 1,000 Feet 2,000 1" = 700 feet Date: 1/29/2015 t?, Xcel Energy° 0 RESPONSIBLE BY NATURE" AL CENTRACAGGREGATES / COOT 5300 77_, ELANDS COLORADO DEPARTMENT OF TRANSPORTATION STATE OF COLORADO DEPARTMENT OF HIGHWAYS ALLEMAN NICHOLAS CAMPBELL LLC CAl CO HOTELS LLC RIFLE SOUTH' LTD SM CBS TURINOSS C ALPINE BANK ALS ITOBUSINESS RIFLE RICO lO PROPRIFLE A: GROUP LLC RIFLE LAND j OAY Rf 4 \ WESTERN SLOPE RECYCLING, LLC N Ii: '-� LAYNE HAMILTON CJS RIFLE, LLC OAK GROVE CLOUGH SHEEP COMPANY, RIFLE. CITY OF ALLEMAN NICHOLAS CAMPBELL LLC SCHEER CLOUGH. SHEEP COMPANY ALLEMAN ALLEMAN NICHOLAS CAMPBELL LLC T RIFLE MIXED VENTURES, LLC REVOCABLE TRUST LARAMIE ENERGY II, LLC PR - LAWSON SAL COOMBS, ROY d RHONOA IAL PR NEW RIFLE HOLDINGS LLC . • • s J PORTER, LINDA A,. LOY, LINDA • • • ♦ _,.,..,.- 5400 e • .wr—'"- '�w•GRAND RIVER PLAZA RENNER r DA •"'~- :: ZEPEDAt r' -BROWN /VALENCIA DAVID J T •,_,..--. GRAND R `• `y f MARSH. RUSSELL C JR & CATHY MARIE MEYER. JUDITH K & JAMES M COLBORN, HARRY& COLLEEN - • - �, SANDOVAL, MARY MARGARET & JONSSON, MARY MARGARET 5]00 COOMBS `� , • ----- *• / f ROBERTS � --- ��. r....-*-�`-' HERTZK/E ♦. ----,.......`s- .`y - `." ,""^„ • ANTONELL/, CHARLES s HILL, RYAN E MEISNER. RG BEAVER CREEK RANCH JOHN STUART DOWNING FAMILY LLLP, THE SWALLOW 1 1' BRUNER. CRAIG N BABCOCK. DALE 8 SHERRY WERNSMAN, THEODORE LARAMIE ENERGY II. LLC RIFLE. CITY OF THOMPSON, TYRONE & LINDA FEDERAL HOME LOAN MORTGAGE CORPORATION r'- ERICKSON, C BRIAN SUAREZ, OLGA F RIFLE, CITY OF • 7NNALD D , Mustang Mesa Tr HERT DEVE KRAUS. GARY DALLAS LOESCH BROUGHTON CLARK PRESSLER JOHNSON, ye f MICHAEL -.s_. PIPER 5700 BARTEL, KIMA & LINDA R ( JOHN STUART I DOWNING FAMILY LLLP•. HOOKER. BOBBY G & GENEVIE E MAY, RYAN A MCKENNA FAULKNER MEAD, DAVID N & RONALD D .B"o CK, BETH VONDETTECINDY LOU,TRUSTEE S SQUIRES, ' KIRK SHARON 8 CHARLOTTE SMITH WESTBOUND HOLDINGS LTD JOHNSON, DAVID M 8 ANNA KRAUS, GARY 0 & JILL SHEETS. RICHARD A WEINHEIMER, RICH FISCHER - -WAI-TERS SQUIRES; AUDREY DIAZ, DAVID R & DIAN A BENJAMIN, RICHARD M & SHIRLEYJ 'ROGERS. GARY SAVAGE, JOAN L f � PR ZIELINSKI, JAMES P 8 JANICE BEATON I 2 BEAVER CREEK LAND TRUST- 6500 o'/ 1 ,- ,SJOGREN,'ROBERT JAMES. (. »' • !MCGUIRE, MICHAEL T &-TERE M SHERfDAN, JANET K & CLINTON B HOWARD, KENNETH T 8 ter`, itz BRENNAN, WESLEY A & JUANITA M Lr -.- RHINE, ELENA 7200 6900 C _r BBU0 MESKIN. MICHAEL & KA RIFLE - PARACHUTE Routing Segments 'RIFLE (UTE) PARACHUTE TE 3 iI s J _Id., Grand Mesa National FD es[ • Sheet 6 Project Size 20.5 miles and 375.2 acres Legend ri Potential Storage Yard Location Potential Proposed Route Proposed Transmission Line Easement / ROW Environmental Analysis Survey Area L Substation n Potential Storage Yard Location o Potential New Transmission Structure o Existing Transmission Structure Xcel/PSCo Transmission Line 345 kV 230 kV 138 kV 69 kV - - Xcel / PSCo Pipeline White River 69kV Transmission Line Well (200ft Buffer) - f Water Body Wetland Stream / Ditch Floodplain Land Owner BLM Private COGCC Well Labels AB - Abandoned AC - Active AL - Abandoned Location CL - Closed CM - Commingled DA - Dry and Abandoned DG - Drilling DM - Domestic Well IJ - Injecting PA - Plugged and Abandoned PR - Producing RC - Recompleted SI - Shut In TA - Temporarily Abandoned WO - Waiting on Completion XX - Permitted Location � I 0 500 1,000 Feet 2,000 1"= 700 feet Date: 1/29/2015 Xcel Energy® RESPONSIBLE 8Y NATURE"' !J#4dorkof rir . PROPERTY DESCRIPTION A parcel of land being one hundred fifty (150.00') feet in width, seventy five (75.00') feet on each side of the following described centerline, located in Township 6 South, Range 93 West, Township 7 South, Range 93 West, Township 7 South, Range 94 West & Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado. 75' -120' —�` 75' PROPOSED 75' (0 ti r A q, Rifle Rifle-Rulison Rd 0 Parachute Jea1\ Aare Momism -Oa Mesa R • • • Undenv od Ln • • • • .::.s...: �.:. p• R i Due to the size of this project, the following Site Plan maps are at a scale of 1:8400, or 1 inch =700 feet. 1' Xcel Energy RESPONSIBLE BY NATURE"' r me flra nrl Maga ' `•\ • P • 4 4 t • • 06m 1:4 Date: 1/30/2015 PLAINS INVESTME AND CREDIT CORPOI •F0 19, DAI RO INC RIFLE - PARACHUTE Potential Storage Yard Locations �R1FLf�UTE) PARACHUTEX Grand Mesa National Forest Site: E 1 Legend Potential Storage Yard Location L, 10 - 20 Acres Each Agreements will be established upon approval of the permit 40Potential Proposed Route Xcel/PSCo Transmission Line c ) 345 kV 40 230 kV 138 kV 0 69 kV Water Body I I I 0 125 250 500 Feet Date: 1/22/2015 Xcel Energy' eesranstsnc BY nAranc+ AIRPORT LAND PARTNERS LIMITED E2 AIRPORT LAND PARTNERS LIMITED OUTHWEST 7 LLC AIRPORT LAND PARTNERS LIMITED RIFLE - PARACHUTE Potential Storage Yard Locations Site: E2 Legend Potential Storage Yard Location 10 - 20 Acres Each Agreements will be established upon approval of the permit Potential Proposed Route Xcel/PSCo Transmission Line c ) 345 kV 40 230 kV 138 kV 69 kV So Water Body 0 125 250 500 Feet Date: 1/22/2015 Xcel Energy' RESPONSIBLE RV MATMSF+ COLORADO RIVER ESTATES GERMANO RIFLE - PARACHUTE Potential Storage Yard Locations US BANK NA AS TRUSTEE DOTSON FAMILY TRUST SAVAGE, JOAN L SAVAGE, JOAN L US BANK NA AS TRUSTEE Site: E3 Legend Potential Storage Yard Location 10 - 20 Acres Each Agreements will be established upon approval of the permit 40 Potential Proposed Route Xcel/PSCo Transmission Line 345 kV 40 230 kV 138kV 0 69 kV Water Body 0 125 250 500 Feet Date: 1/22/2015 Xcel Energy' RESPONSIBLE RV MATMSF+ RIFLE AIRPORT LAND PARTNERS LIMITED Ikr' : - 5 . AIRPORT LAND PARTNERS LIMITED STRATEGIC ONE FINANCIAL, INC • . ,'f1 t. BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY STRATEGIC _ONE --�� FINANCIAL, INC E RIFLE - PARACHUTE Potential Storage Yard Locations site: E4 & E5 Legend Potential Storage Yard Location 10 - 20 Acres Each Agreements will be established upon approval of the permit mop Potential Proposed Route Xcel!PSCo Transmission Line 345 kV 230 kV o138kV 0 69 kV So Water Body 1 1 0 125 250 Feet Date: 1/22/2015 1 500 Xcel Energy - RESPONSIBLE BV NATURE' e- / 4.4 319 PROPERTY OWNERS ASSN RIFLE - PARACHUTE Potential Storage Yard Locations IIMII!I�tri 1111N I1r Site: E6 Legend Potential Storage Yard Location 10 - 20 Acres Each Agreements will be established upon approval of the permit Potential Proposed Route Xcel/PSCo Transmission Line c ' 345 kV 40 230 kV 138 kV 0 69 kV Water Body 0 125 250 500 Feet Date: 1/22/2015 Xcel Energy' BESPBMSIBLE BY NBTBBE+ RIFLE - PARACHUTE Potential Storage Yard Locations BATTLEMENT MESA LAND INVESTMENTS Legend Potential Storage Yard Location ®10 - 20 Acres Each Agreements will be established upon approval of the permit fms Potential Proposed Route Xcel!PSCo Transmission Line RESPONSIBLE BV NATURE, RIFLE - PARACHUTE Potential Storage Yard Locations ,t • ANSELMAN • MADEEN .;; 'TANNER a • Site: W2 Legend Potential Storage Yard Location 10 - 20 Acres Each Agreements will be established upon approval of the permit Potential Proposed Route Xcel/PSCo Transmission Line (—) 345 kV 230 kV 138 kV 69 kV Sr Water Body 0 125 250 500 Feet Date: 1/22/2015 Xce1 Energy NFSPONSIBLF EV NATURE, RIFLE - PARACHUTE Potential Storage Yard Locations UTE). •I rf�r1 mow//� PARACHU,TE' Legend Potential Storage Yard Location ®10 - 20 Acres Each Agreements will be established upon approval of the permit ems Potential Proposed Route Xcel!PSCo Transmission Line Xcel Energy - RESPONSIBLE IV NATURE, t i Piflc+\MXllc\Pa a T & T AND ASSOC LTD MONUMENT HOLDINGS LLC • !B&V EVELOPERS B & V DEVELOPERS, LLC, B & V DEVELOPERS LLLP RIFLE - PARACHUTE Potential Storage Yard Locations Site: W4 Legend Potential Storage Yard Location 10 - 20 Acres Each Agreements will be established upon approval of the permit Potential Proposed Route Xcel/PSCo Transmission Line 345 kV 40 230 kV 138kV 0 69 kV Water Body 0 125 250 500 Feet Date: 1/22/2015 Xcel Energy' RESPONSIBLE RV MATMSF+ . . t • EVELOPERS, LLC RIFLE - PARACHUTE Potential Storage Yard Locations r!" UTE , re. Site: W5 Legend Potential Storage Yard Location 10 - 20 Acres Each - ' Agreements will be established upon approval of the permit 41P Potential Proposed Route Xcel/PSCo Transmission Line 345 kV 44230 kV - 138 kV ) 69 kV SIP Water Body 0 125 250 500 Feet Date: 1/22/2015 Xcel Energy RESPCHRIBLE OYNATunr, or GRAHAM SATTERFIELL 1h 'RAMSEY CACHE CREEK L MCCARTY, PATRICK W & KATHRYN:L ALD RJR & LINDA L KADINGER, JESSE & YVONNE GRAHAM, LINDA N HIRNEISEN T & KULP, STEVE L' Y' ."ar om a ST JOHN, DOROTHY M r? I • ' L L� d. IA/A C.140111711 SAC RIFLE - PARACHUTE Potential Storage Yard Locations Site: W6 Legend Potential Storage Yard Location 10 - 20 Acres Each Agreements will be established upon approval of the permit — Potential Proposed Route Xcel/PSCo Transmission Line c ) 345 kV 230 kV 138 kV 0 69 kV Water Body 0 125 250 500 Feet Date: 1/22/2015 Xcel Energy' NESPOPISIBLI !Y nATUMe, ,;TORA S LEGACY LLC �y3 EVANS, JACK T JR ENTS BURCHFIELD BOTKIN ' TILL, KENNETH & MARIANN ii e - SCHAEFFER, NATHAN & BECKY 4,,Me Wim _tY� 4 Iii i •,` _ .,•' l •. a- i - f Fy;:�.:: '`PALMER, BONNIE J, z' V F. cc, MCCARTY, PATRICK W & KATHRYN L '754 MOORE, DONALD RJR & LINDA L R.� 7;;A., SAPPINGTON. JUDY T & KULP. STEVE RIFLE - PARACHUTE Potential Storage Yard Locations • Site: W7 Legend Potential Storage Yard Location 10 - 20 Acres Each Agreements will be established upon approval of the permit Potential Proposed Route Xcel/PSCo Transmission Line c ) 345 kV 230 kV ) 138 kV L ) 69 kV Sr Water Body 0 125 250 500 Feet Date: 1/22/2015 Xce1 Energy RESI,Ok£IRLE !k RRi RRE+ RIFLE - PARACHUTE Potential Storage Yard Locations Potential Storage Yard Location mi 10 - 20 Acres Each Agreements will be established upon approval of the permit fms Potential Proposed Route Xcel/PSCo Transmission Line Xcel Energy RESPCHRIBLE OYNATunr, i 1• i DIAMOND ELK, LLC cR crli_ 1 BOYLES, JAMES K & HILDA R. RIFLE - PARACHUTE Potential Storage Yard Locations • Site: WF1 Legend Potential Storage Yard Location 10 - 20 Acres Each Agreements will be established upon approval of the permit Potential Proposed Route Xcel/PSCo Transmission Line c ) 345 kV 230 kV 138 kV 69 kV Sr Water Body 0 125 250 500 Feet Date: 1/22/2015 Xce1 Energy RESI'Ok£IRLE !k RRi RRE+ RIFLE - PARACHUTE Potential Storage Yard Locations ORITE,"SCOTT & CANDACE GORE, WESLEY T & DEBRA J Legend Potential Storage Yard Location 10 - 20 Acres Each Agreements will be established upon approval of the permit Potential Proposed Route Xcel!PSCo Transmission Line Xcel Energy - RESPONSIBLE IV NATURE, United States Department of the Interior 1. Introduction BUREAU OF LAND MANAGEMENT Colorado River Valley Field Office 2300 River Frontage Road Silt, Colorado 81652 www.co.blm. gov ENVIRONMENTAL ASSESSMENT NUMBER DOI-B LM -C O -N040-2013 -0064 CASEFILE NUMBER COC -75915 PROJECT NAME Xcel Rifle to Parachute 230kV Transmission Line TAKE PRIDE® /NAM ER ICA LOCATION The proposed project is to construct a second overhead single -circuit 230 -kV electric transmission line between the Rifle and Parachute Substations (owned by Public Service Company of Colorado, an Xcel Energy company). The line would originate at the existing Rifle Substation located one mile south and one and one-half miles east of the Town of Rifle in the SE'% of Section 14, T. 6 S., R. 93 W. The line would travel southwest for approximately 18 miles to the existing Parachute Substation located north of Highway 6 and 24 in the NE' SW'/4 of Section 6, T. 7 S., R. 95 W. (Figure 1). The line would traverse private property as well as federal lands administered by the Bureau of Land Management (BLM). LEGAL DESCRIPTIONS The project area is located in the following Sections: Table 1. Project PLSS Location. Township Range Section(s) 7S 96W 12 7S 95W 6,7,8,9,10,11,12 7S 94W 1,7,8,9,10,11,12 7S 93W 5,6,21,22,23,28,32 6S 93W 14 1 Figure 1. Project Area and Alternative Alignments 7 Xcel Rifle to Parachute Transmission Line — — Alternative A - Proposed Action • • i Alternative B — Existing Transmission Corridor Bureau of Land Managment 0 '7 2 Miles Prepared dor. Xcel Energy File. 5143 Figure 1 EA.nxd (WH) February 5, 2014 ER) ERC Resources C.P. 2 The project is located on the USGS North Mamm Peak, Parachute, Rifle, Rulison, and Silt, CO 7.5 minute quadrangles in Garfield County, Colorado (Figure 1). Coordinates for the approximate center of the project are: • UTM Coordinates: Zone 13; 770803 mE, 4375719 mN • Latitude/Longitude: 39.4884645 °N, 101.851186 °W APPLICANT Public Service Company of Colorado, an Xcel Energy company. BACKGROUND Public Service Company of Colorado is a major U.S. electric and natural gas company with regulated operations in eight Western and Midwestern states. Xcel Energy provides a comprehensive portfolio of energy-related products and services to 3.4 million electric customers and 1.9 million natural gas customers. The utility company name is "branded" as Xcel Energy; however, the legal owner and operator of the utility facilities in Colorado is Public Service Company of Colorado. All utility facilities and related land rights, including fee property, easements, permits, etc, are owned by operated by and held in the name of Public Service Company of Colorado (PSCo), a Colorado Corporation. PSCo proposes to construct the Rifle to Parachute Transmission Line project. The project consists of: • An overhead single -circuit 230,000 -volt (230 -kV) electric transmission line. • Improvements to the existing Rifle and Parachute Substations. The new line is needed to provide additional transmission capacity to serve the current and anticipated oil and gas production and exploration in the project area, including the Piceance Basin and surrounding area. Compressors are one of the main equipment components of oil and gas development. Typically, oil and gas developers have a choice between using natural gas - driven compressors or electric -driven compressors. Strict environmental regulations (air quality, noise, etc.) and competitive pricing of electricity drive the choice towards electric -driven compressors, which can reduce emissions and may result in decreased environmental impact. The anticipated demand increase is approximately 50 megawatts by 2015. The new line would prevent contingency overloads of PSCo' s existing Rifle to Parachute 230 -kV line that could occur under high demand and high transfer level conditions. The existing regional transmission system, including 230 kV line and 345 kV lines, does not have the capacity to meet anticipated future power demands. Additional transmission facilities are required to deliver the electricity to the load centers where energy needs are the greatest. The project is needed to enhance the reliability of the Western Slope transmission system in order to meet anticipated load growth caused by oil and gas fuel development in Mesa and Garfield counties. The Project also supports retail service agreements in Western Colorado. The electrical demand increases (megawatts or "MW") that are presently under development will push the existing Rifle -Parachute 230 kV line to the limits of its capacity. The load growth in the study area consists primarily of natural gas developers that require transmission service to electric motor driven gas compressors for natural gas gathering and gas compression applications in Mesa and 3 Garfield counties. Three committed load addition projects are being constructed or will be developed over the next two years. The Una Orchard load (Una Substation) increased its load by about 6 MW in 2012. The Starkey Gulch load (served out of Parachute Substation) is expected to increase 40 MW — from approximately 15 MVA today to 55 MVA over the next two years. The Middle Fork (also served out of Parachute Substation) demand is expected to increase about 5 MW — from approximately 45 MVA to around 50 MVA in the next year. These three projects will expend the last of the load -serving capacity of the existing Rifle -Parachute -Cameo transmission system. In addition, two other retail customer load addition projects (totaling approximately 57 MW) are currently being considered in the area. Those projects cannot be implemented until the proposed Project is completed. The existing 230 -kV structures between PSCo's Rifle and Parachute Substations are single -circuit capable. Rebuilding them to double - circuit capable (to string the new line on one side) is not possible due to construction outage limitations. The construction and operation of the project also would provide a reliable second source of power (redundancy) into central Garfield County communities, including the towns of Rifle and Parachute. The transmission line is needed to provide uninterrupted electrical service to the area to meet anticipated electrical demand for businesses and the community. The Colorado Public Utilities Commission requires a Certificate of Public Convenience and Necessity (CPCN) for construction and operation of an electric transmission line if the proposed project is out of the ordinary course of business for that utility. It is an application submitted by a utility to demonstrate that a proposed project would be a necessity and benefit the public. PSCo submitted the CPCN application for this project on January 11, 2013. The application was approved on February 27, 2013 (Docket # 13A -0032E). PURPOSE AND NEED FOR ACTION The purpose is to respond to PSCo request for a ROW grant to construct and maintain a 230kV transmission line across federal lands in multiple sections within T. 6 S., R. 93 W.; T. 7 S., R. 93 W.; T. 7 S., R. 94 W.; and T. 7 W., R. 95 W., Sixth Principal Meridian, Colorado. The need for the action is established by the BLM's responsibility under FLPMA, to respond to a request for a ROW grant. DECISION TO BE MADE This EA discloses the environmental consequences of implementing the proposed action or alternatives to that action. Based on the analysis contained in this EA the BLM will make a decision whether to grant the right-of-way (ROW) to PSCo for a new transmission line with appropriate mitigation measures or reject it. SCOPING AND PUBLIC INVOLVEMENT AND ISSUES The route alignment alternatives for the proposed transmission line were scoped internally with the BLM NEPA Interdisciplinary Team on August 16, 2012, August 28, 2012 and April 17, 2013. Issues raised during the internal scoping are included in the scoping section below. Scoping Public and agency scoping was initiated in January 2012 with discussions and correspondence with state, federal, and local agencies. Information packages with potential transmission line route alignment alternatives were sent to agencies and the public, and PSCo established a project website to facilitate information access (http://www.xcelenergy.com/rifle-parachute). Three 4 public meetings were held, and members of the public and representatives of local, state, and federal agencies attended. Public Involvement PSCo hosted open houses to solicit comments on the proposed transmission line construction project on November 7th and 8th, 2012 in Rifle and Parachute respectively. An additional public meeting was held on March 5, 2013 in Rifle. Over 770 landowners (individual and business; see Appendix A for complete lists of landowners) within one-quarter mile of the alternative transmission line routes and various federal, state, and local agencies (see Table 21 for agency mailing list) were sent notices of the proposed project and invited to attend the public meetings and provide comments. The meeting notice also was posted on the Xcel website (http://www.xcelenergy.com/rifle-parachute) and on BLM's public notice website. In addition, articles announcing the November 2012 meetings were published in the following newspapers: Grand Junction Sentinel Nov. 3, 2012; Glenwood Post Independent Oct. 31, 2012 and Rifle Citizen Telegraph Nov. 1, 2012. About 50 to 60 members of the public and agency representatives participated in the public meetings. Two landowners expressed an interest in meeting with PSCo to discuss specific concerns. PSCo representatives met with those landowners in person during April 2013. Attendees were encouraged to sign in, given comment cards, and encouraged to submit comments in writing. BLM management was present to answer questions. Maps depicting the route alternatives of the proposed transmission line were available. Issues BLM received 17 written comments from the public, via comment cards from the open houses, letters, and emails. Participants at the public meetings also provided oral comments. Agency letters were received from Colorado Parks and Wildlife (CPW) and U.S. Fish and Wildlife Service (FWS). The following list summarizes the substantive issues raised by the public and agencies. 1. Concerns regarding the visual impact of new transmission lines in a corridor without existing transmission lines were raised. Members of the public were concerned that the visual impact would be detrimental to their quality of life and ability to continue their existing businesses (specifically, commercial tourism operations). 2. Concerns about the need for clearing or grubbing vegetation under the transmission line or within the entire ROW were raised. 3. Concerns related to direct and indirect impacts to sensitive wildlife habitat such as nesting, breeding and production areas, critical and severe winter ranges, and winter concentration areas were raised. 4. Concerns related to endangered species, including listed plant species and depletion impacts to the endangered Colorado River fishes were presented. 5. Concerns related to revegetation, reclamation, and the potential for erosion, sedimentation, and increases in weed populations were raised. 6. Potential cumulative impacts related to existing disturbance from oil and gas development were introduced as a concern. 7. Concerns regarding "ham" radio interference were communicated. 5 2. Proposed Action and Alternatives Through the BLM, agency, and public scoping process, two "action" alternatives were identified for detailed analysis in this EA. The action alternatives follow the same alignment at several locations—specifically, from the Rifle substation south about l/ mile; from the Grass Mesa Area west to approximately Morrisania Mesa, and from the crossing of the Colorado River west to the Parachute substation (Figure 1). Under the no action alternative, BLM would deny PSCo' s ROW application for a transmission line across federal lands. Several alternatives were initially considered, but eliminated from further analysis based on adverse impacts identified during public and agency scoping. Alternatives considered but eliminated from detailed analysis are discussed in a separate section. DESCRIPTION OF ACTION ALTERNATIVES Project Overview The Proposed Action involves the siting, permitting, and acquisition of an approximately 150 feet -wide ROW grant on BLM land and an easement on private property to construct a 230 kilovolt (kV) single -circuit transmission line between PSCo's Rifle Ute Substation and Parachute Substation located in Garfield County (Figure 1). The line would originate at the existing Rifle Ute Substation southeast of the Town of Rifle and end about 20 miles east at the existing Parachute Substation near Highway 6/24 under both action alternatives. Each of the action alternatives would meet the project purpose and need for additional transmission line capacity. The following sections provide a brief overview of the specific characteristics of Alternative A, the proposed action alternative, and Alternative B. Because both of the action alternatives have similar components and methods of construction, common features are described together in the section on Actions and Facilities Common to Alternatives A and B. Table 1 below summarizes miles of transmission line by alternative and by land owner. Table 1. Miles of Transmission Line by Alternative and by Land Owner. Miles of Transmission Line Land ownership Alt A Alt B BLM 4.65 4.82 BLM shared 4.98 4.98 Private 5.38 6.52 Private shared 4.64 4.64 Other 0.86 0.86 Total 20.51 21.82 Alternative A, Proposed Action Alternative A would involve construction of about 20.5 miles of 230 kV transmission line from the Rifle substation to the Parachute substation (Figure 1). The transmission line would parallel an existing 345 kV transmission line west for about 9.5 miles. The line would then turn north about 2 miles and follow an existing 230 kV transmission line corridor to PSCo's Parachute substation. The estimated cost for this alternative, including ROW/easement acquisition, is about $28 million. Portions of the transmission line alignment fall within a designated energy corridor evaluated in the West -wide Energy Corridor Programmatic EIS (DOE, BLM 2008). Section 368 of Energy 6 Policy Act of 2005 requires, among other things, the designation of energy corridors on federal lands in 11 western states, including Colorado. The Act includes the establishment of procedures to ensure that additional corridors are identified and designated as necessary and to expedite applications to construct or modify pipelines, electricity transmission, and distribution facilities. Alternative B Alternative B would involve construction of about 21.8 miles of 230 kV transmission line from the Rifle substation to the Parachute substation (Figure 1). The route for this alternative would parallel the existing 345 kV transmission line about 0.5 miles south of the Rifle substation and would then travel south and west about 6.8 miles before intercepting the corridor for the existing 345 kV transmission and the same route as Alternative A. About 5 miles west of Parachute, this route departs from the common alignment with Alternative A and travels west and then north about 4 miles before following the existing 230 kV line and the Alternative A alignment to the Parachute substation. The estimated cost for this alternative, including ROW/easement acquisition, is about $28 million. Actions and Facilities Common to Alternatives A and B Transmission Line Description The width of the ROW, and the restrictions within it, are determined by the National Electric Safety Code (NESC) operation considerations and are proportional to the voltage and structure type. The proposed 230kV single circuit overhead transmission line of about 20 to 22 miles in length (depending on the alternative) would be located within a 150 foot ROW/easement. Both Alternative A and B transmission line routes would cross BLM and private lands. Easements would need to be purchased where project facilities cross private lands, along with ROW grants and permits for use of BLM lands. Weathering steel H -frame structures (detail attached), which are considered to be the industry standard for a 230kV transmission line, would be used. The average pole height associated with an H -frame structure would vary between 75 and 120 feet above the ground, depending on topographic conditions. The H -frame structure would support three conductors and two overhead groundwires. Spans between structures would vary between 600 and 1,300 feet and the number of structures per mile would vary between 5 and 10, depending on the terrain. A 1272 Bittern ASCR conductor would be used, which has a minimum ground clearance of 30 feet at maximum operating temperature. The structure foundation depth would vary depending on factors such as structure height, terrain and soil type. Final design characteristics would be determined in the detailed design phase of the project. Existing access roads would be used where available. Associated Facilities and Procedures In addition to the transmission line, the Project would also require construction and operation of material staging areas and various types of access. Material Staging Areas — Temporary material staging areas would be required to store materials and equipment and to assemble structures for the duration of the project. The staging areas would generally be located at level areas in close proximity to existing highways or roads within the project area. The staging areas would be used to store material and equipment prior to delivery to the structure sites, park vehicles, and possibly for locating a portable construction trailer. The staging areas have been surveyed for environmental concerns and have been selected 7 to avoid sensitive areas. Eight potential staging areas have been identified on the west end of the project and 6 on the east end. All potential staging areas are located on private property in previously -disturbed areas. The staging areas would be revegetated and reclaimed after completion of the Project. Specific staging area locations would be selected based on landowner negotiation, and only 2 to 3 staging areas would be required for each end of the project (i.e., east and west end). Access Roads — Access roads would be needed to facilitate both construction and regular inspection and maintenance of the project. Existing roads would be used to access the transmission line. There are many existing access roads within the project area, including public roads, private roads, well pad access roads, and other road types. Construction of new access roads is not anticipated. If new access roads are required for the transmission line construction activities, these activities would be coordinated with the private land owner or the BLM as needed. The project corridor has been thoroughly surveyed and PSCo plans to use only existing access roads, as well as helicopter access, to construct the transmission line. Helicopter Access — Helicopter access would be required during construction, as well as for future maintenance needs. Helicopters would typically travel to the material staging areas described previously to land and collect construction materials. If there is no road access to the structure locations, the helicopter would need to land on or adjacent to the proposed ROW to load and unload construction personnel to the fixture sites. Two potential "fly yards" have been identified, and have been selected to avoid sensitive areas. All potential "fly yards" would be located on private property in previously -disturbed areas. Helicopter fueling would occur at the Garfield County Regional Airport. Right -of -Way Acquisition — New land rights in the name of PSCo would need to be obtained for the transmission line. A grant for a 150 -foot -wide ROW on average would be needed for that portion of the transmission line that would cross federal lands administered by BLM, as well as an easement across private land. The BLM would receive ROW rental payment from PSCo for those portions of the transmission line located on BLM lands. Easement payments would also be made to private landowners. Project Construction, Operation, and Maintenance The following generally describes the activities that are anticipated to occur before and during the project construction and throughout operation and maintenance of the Project. Engineering Surveys — Ground investigations and surveys would be completed to accurately locate the centerline of the transmission route. The exact centerline would be chosen to best implement design criteria and to satisfy site specific mitigation measures identified for this Project (see Design Features section). Before any construction surveying begins, the required permits to survey on federal lands, state lands or right -of -entry on private lands would be obtained. Construction survey work would consist of centerline and ROW/easement boundary locations. Structure locations would be flagged and staked, and the proposed centerline would be flagged and staked where it is necessary. Construction Activities — Construction activities would include foundation excavations, assembling, and erecting structures, stringing conductors, restoration and cleanup, and site reclamation. Due to the length of the transmission line, it is anticipated that several crews would work simultaneously in constructing the line over the 9 to 12 month construction period. About 8 30 workers are expected to be needed during the construction. Construction sequencing, the number of workers, and type of equipment expected to be used for a typical section of line are as follows (per crew): Drive-in Access • Pickup (3; 3 to 5 people) • Rubber Tired Backhoe/trackhoe (1; 1 operator) • Flex -track (1; 1 operator) • Bucket Truck (2; 2 operators, 2 personnel) • Boom Truck (1; 1 operator, 1 personnel) • Air Compressor (1; personnel noted above) • Hand tools including shovels and jackhammers (various numbers; personnel noted above) Walk-in/Fly-in Access (anticipated to be required for 38 to 43 poles total) • Helicopter (1; 1 operator, various personnel on ground as well, normally 3 to 5 ground personnel) • Hand tools including shovels and jackhammers (various numbers; personnel noted above) • Air Compressor (1; personnel noted above) Vegetation Management — Overland construction methods would be used. The clearing of some natural vegetation may be required; however, selective clearing would be performed only when necessary to provide for surveying, foundation excavation, electrical clearance requirements to support safety and line reliability, and construction and maintenance operations. Treatment of vegetation within the ROW includes the selective removal or trimming of trees to prevent contact between trees and the transmission line conductors. Disposal of cut trees and brush would be in a manner acceptable to the BLM or landowner. Tree removal is anticipated to be minimal due to the nature of the vegetation communities in the Project Area and the method of construction. Trimmed vegetation from transmission line or road maintenance would be placed adjacent to the roads or powerline within the BLM-approved ROW. Trimming would be completed with chainsaws or other hand-held equipment. Shrubs or small trees would be cut into smaller pieces and scattered, within the BLM-approved ROW. Trimmed vegetation pieces would be no larger than about 6 feet in length before being scattered. For each structure, an area about 20 -feet by 40 -feet would be cleared of vegetation to allow structure installation. For helicopter installation (ground personnel only, no vehicular access) an area about 10 -feet by 10 - feet for each of the two poles would be cleared of vegetation. Weed Control — Weed control would follow recommendations of the Partners Against Weeds Action Plan (BLM 1996) to prevent the spread and establishment of noxious weeds in the project area. Any chemical treatments within the ROW would be in compliance with applicable laws and procedures of the BLM or other land managing agencies being traversed by the project. Noxious weed populations identified during field surveys and listed on the Garfield County Noxious weed list would be treated prior to any new ground disturbing activities. Locations of existing noxious weed populations were noted during a pre -construction survey of the approved route during rare plant surveys. Noxious weed populations identified along the alignment would be treated by PSCo with BLM-approved chemicals. Only targeted chemical weed treatments using a backpack sprayer would be permitted in identified habitat for Harrington's beardtongue. 9 Foundation Installation — Foundation designs and installation processes would depend on the geotechnical analysis and line design parameters of each particular structure site. No cut and fill would be required to conduct foundation installation activities. Excavations may be made using mechanized equipment, blasting, pneumatic, or hand methods. Excess soil is not anticipated. Soils would not be piled permanently within the ROW. Bare soil patches greater than about 2 or 3 feet square would be seeded with a BLM approved seed mix. Structure Assembly and Erection — The structure components would be bundled together for each structure and delivered by truck to each structure site. Structures would then be assembled and lifted into place by crane. In areas where access is difficult, helicopters may be used to deliver the structure material and lift the structures into place. Generally, structures can be fully assembled within the ROW. Conductor Stringing — Reels of conductor and shield wire would be delivered to the ROW and loaded onto tensioning machines. A pilot wire would be threaded though pulleys suspended from the structure insulators. The shield wire and conductor bundles would then be pulled into place without contacting the ground. Heavy vehicles would be used to pull the shield wire and conductor bundles into place. On straight sections of line, conductor stringing activity would be contained within the ROW. At turning points, additional temporary space would be required. Cleanup — All construction sites, material staging areas, and access roads would be kept in an orderly condition throughout the construction of the transmission line. All refuse and trash would be removed and disposed of appropriately. There would be no intentional draining of oil from construction equipment on to the ground. All oil and chemical compounds would be restricted to approved containers and hauled to appropriate sites for disposal. There would be no open burning on BLM administered lands. If a need is determined for any open burning, the BLM would be consulted prior to any burning to obtain a permit as required. Reclamation — Reclamation of disturbed lands would follow cleanup work. All disturbed surfaces would be restored to preconstruction conditions to the extent possible. Because no cut or fill would be required, minimal grading or smoothing would be all that is necessary. BLM approved native seed mixes would be used to revegetate disturbed federal lands along the ROW. Seeding involves the mechanical or hand application of specific seed mixes appropriate for the site location and soil type. Seeding provides plant growth to stabilize the soil reducing the likelihood of erosion or sediment transport. As soon as practical, after the completion of construction activities, soil would be properly prepared for seeding. Preparing the seed bed includes loosening compacted soil to a depth of 4 inches and leveling the site to approximate natural topography, if needed. The choice of seed mix would dictate application rates and methods (see Error! Reference source not found., Table 3, and Table 4 for seed mixes). Seeding would always be accompanied by an additional Best Management Practice (BMP), such as mulching or tackifying, to protect the seed and soil from erosion during the germination and growth process. Seeded areas would be inspected by a PSCo contractor to ensure that the soil stabilization method (e.g. surface roughening, crimp mulch, etc.) was applied correctly and has not been compromised. The area would also be inspected for erosion and/or sediment deposition. Maintenance items would include re -grading and seeding bare or areas of thin vegetative growth and/or adding additional BMPs as appropriate. If seeding cannot be accomplished due to seasonal or other constraints, temporary stabilization, such as mulch and mulch tackifier would 10 be used. This temporary stabilization would be inspected and maintained until permanent seeding is allowed. Table 2. Private Lands Seed Mix Common Name Scientific Name Percent of Mix LB/Ac (PLS)* Indian ricegrass Achnatherum hymenoides 15 1.8 Mountainbrome Bromus marginatus 15 2.9 Thickspike wheatgrass Elymus lanceolatus 15 1.7 Needle-and-threadgrass Hesperostipa comata 13 1.8 Prairie junegrass Koeleria macranthera 3 0.1 Western wheatgrass Pascopyrum smithii 18 2.9 Galetta grass Pleuraphis jamesii 5 0.6 Muttongrass Poa fendleriana 10 0.3 Sandberg bluegrass Poa secunda ssp. sandbergii 5 0.2 Sand dropseed Sporobolus cryptandrus 1 0.06 0.6 Total 100 12.36 * PLS = Pure Live Seed. Seeding Rate is for drill seedling, double for broadcast seeding. Table 3. BLM Seed Mix, Greasewood Flats Common Name Scientific Name Variety Percent of Mix PLS lbs/ac* Western wheatgrass Pascopyrum smithii Arriba, Rosana 20 3.2 Bottlebrush squirreltail Elymus elymoides VNS 15 1.8 Sandburg bluegrass Poa secunda VNS 15 0.4 Alkali sacaton Sporobolus airoides VNS 12 0.3 Sand dropseed Sporobolus cryptandrus Uncompahgre Plateau 13 0.08 Shadscale Atriplex confertifolia VNS 8 1 4 -wing saltbush Atriplex canescens Source N of CO - NM line or above 5,000 ft** 7 1.5 Scarlet globemallow Sphaeralcea coccinea VNS 10 0.6 Total 100 8.88 * Double seeding rate for broadcast seeding. ** Must be able to verify source. 11 Table 4. BLM Seed Mix, Pinon Juniper Woodlands and Oak Shrublands. Common Name Scientific Name Variety Percent of Mix PLS lbs/ac Western wheatgrass Pascopyrum smithii Arriba, Rosana 20 3.2 Bluebunch wheatgrass Pseudoroegneria spicata Anatone, Goldar 20 2.4 Bottlebrush squirreltail Elymus elymoides VNS 15 1.8 Indian ricegrass Achnatherum hymenoides Paloma, Rimrock 15 1.8 Sandberg bluegrass Poa secunda Uncompahgre plateau 10 0.4 Sand dropseed Sporobolus cryptandrus VNS 5 0.1 4 -wing saltbush Atriplex canescens Source N of CO -NM line or above 5,000 ft* 7 4 Scarlet globemallow Sphaeralcea coccinea VNS 8 0.3 TOTAL 100 14 * Double seeding rate for broadcast seeding. ** Must be able to verify seed source. The reclamation procedures described above would be applied to all areas that result in disturbed vegetation greater than about 2 to 3 square feet. All damaged fences and gates would be repaired. Design Features — Sensitive areas identified during natural and cultural resource surveys would require special design features to avoid and minimize impacts. Where the route crosses private lands, landowners would be encouraged to coordinate with PSCo to comply with the design features. Design Features for Cultural Resources: • Pole placement would be adjusted as needed to avoid directly impacting any eligible cultural resource sites. If avoidance is not possible, other minimization or mitigation measures may be necessary. • For sites eligible or potentially eligible (needs data) to the National Register of Historic Places (NRHP) a 100 -meter, no surface disturbance buffer around the site boundary would be applied. • If circumstances arise where the 100 -meter no surface disturbance buffer cannot be met (ex. other resource concerns, slope/topography, etc.) coordination with the BLM Field Office archaeologist would occur and an archaeological monitor employed by PSCo would be present to ensure no adverse effects to cultural resources. Design Features for Paleontological Resources: • Pole placement would be adjusted as needed to avoid directly impacting any paleontological resources within the Wasatch Formation. If avoidance is not possible, other minimization or mitigation measures may be necessary. During pole siting within the Wasatch Formation, a trained paleontological monitor employed by PSCo would be 12 present to ensure there are no adverse effects to paleontological resources. Design Features for Soil Resources: • Pole placement would be adjusted as possible to avoid directly impacting soils on BLM lands designated as no surface occupancy (NSO) with steep slopes greater than 50 percent) and erosive soils and BLM lands designated as critical surface use (CSU) for slopes greater than 30 percent with erosive soils). If avoidance is not possible, other minimization or mitigation measures may be necessary, including use of helicopters for pole placement, limiting surface disturbance, and implementation of erosion control measures, in addition to revegetation of disturbed areas. Design Features for Biological Resources: • Rare plants Harrington beardtongue (Penstemon harringtonii) o Avoidance and minimization efforts for Harrington's beardtongue would generally follow the hierarchy below. The priority is to follow bullet 1 below; where that is not possible, minimization would progress down the bullet list: 1. Avoid ground disturbance within a 100 foot buffer of all plants. 2. Avoid direct ground disturbance on plants (no buffer). 3. Site the transmission line alignment and structures to minimize impact to penstemon plants (less than 1-2 percent of the population within the project ROW). 4. Confine disturbances as close to the outer edge of the plant population as possible to minimize fragmentation. o In addition, no broadcast or aerial herbicide treatments would be conducted within 1/ mile (800 m) of Harrington's beardtongue populations. Spot spray application of herbicides would be the only approved method within 1/ mile of Harrington's beardtonguen. PSCo must have a Pesticide Use Proposal approved by BLM prior to undertaking any herbicide treatments within 1/ mile. o Construction within identified Harrington's beardtongue habitat would occur during the active growing season (May 15 -August 30) to ensure all rosettes have emerged and are visible. A biological monitor (botanist) would be employed by PSCo during construction to determine the final alignment to mitigate impacts to Harrington' s beardtongue. Design Features for Raptors and Migratory Birds To protect sensitive nesting areas for raptors, the following seasonal and geographic restrictions would apply while nests are active (defined as occupied nest through fledging of young). A biological monitor would be employed by PSCo to evaluate nesting activities, if work within the active nesting season timeframes provided is desired. If the biological monitor finds no active nesting, coordination with BLM would occur to ensure agreement on the ability to use a helicopter within the timeframes and nest buffers provided below: • For the golden eagle nest site identified on the existing 345kV line (NW 1/4, NW 1/4, Section 28, T6S R93W), no helicopter flight patterns would infringe on a buffer extending 1 mile horizontally and 1/4 mile vertically from the nest (shown in the raptor survey report) during active nesting (generally March 1 to June 30; Kingery 1998). 13 Description of no action alternative Under the No Action Alternative, the BLM would deny PSCo's proposed ROW application for the Rifle to Parachute 230 kV transmission line. No ROW would be granted to construct, operate, and maintain an electrical transmission line across federal lands. Alternatives considered but not analyzed in detail Several alternative transmission line routes were initially considered. Preliminary alignments for four transmission line routes were identified and presented to the public at three open houses. Alternative routes considered a variety of connections f following existing transmission line corridors, pipeline ROW, and across lands with no utility corridor. Input from local residents, agencies, and information on high value sensitive resources were considered in the selection of alternatives for detailed consideration in this EA. Two of the originally considered alignments were eliminated because of adverse visual impacts to local residents and greater environmental impacts. Proximity to the Colorado River and associated wildlife (such as nesting/roosting activities, winter ungulate habitat, and other intensive habitat use in Cottonwood gallery forests), and proximity to increased density of natural gas infrastructure (including pipelines, well pads, compressor stations, and other facilities), are environmental impact rationale for eliminating routes on both the north and south side of the I-70 corridor. While each of the routes had similar overlapping segments, the two routes (Alternative A and B) described previously in the Description of Action Alternatives section, would have the least visual and environmental impact, thus the other two alternatives initially considered were eliminated from detailed discussion in the EA. PLAN CONFORMANCE REVIEW The Proposed Action is subject to, has been reviewed for, and is in conformance with (43 CFR §1610.5 and §2800, BLM 1617.3). RELATIONSHIP TO STATUTES, REGULATIONS. OTHER PLANS Name of Plan: Record of Decision and Glenwood Springs Resource Management Plan Date Approved: January, 1984; revised in 1988; amended November 1991 — Oil and Gas Leasing and Development Final Supplemental Environmental Impact Statement; amended Nov. 1996 — Colorado Standards and Guidelines; amended in August 1997 — Castle Peak Travel Management Plan; amended in March 1999 — Oil and Gas Leasing and Development Final Supplemental Environmental Impact Statement; amended in November 1999 — Red Hill Plan Amendment; and amended in September 2002 — Fire Management Plan for Wildland Fire Management and Prescriptive Vegetation Treatment Guidance. Decision Number/Page: Page 41, Utility and Communication Facility Management. Decision Language: To respond, in a timely manner, to requests for utility and communication facility authorizations on public land while considering environmental, social, economic, and interagency concerns. STANDARDS FOR PUBLIC LAND HEALTH In January 1997, Colorado BLM approved the Standards for Public Land Health. Five standards were approved by the Colorado BLM in January 1994. These five Standards for Public Land Health include upland plant and animal communities, soils, water quality, riparian systems, and threatened and endangered species. Conditions needed to sustain public land health and relate to all uses of the public lands are described in the standards. Whether impacts resulting from the 14 Proposed Action or any alternatives being analyzed would maintain, improve, or deteriorate land health conditions relative to these resources must be addressed in the environmental analysis. The Divide Creek Landscape and the Rifle -West Watershed Land Health Assessment (LHA) areas are applicable for this project. The 2009 Divide Creek LHA and the 2005 Rifle -West Watershed LHA were referenced for analysis of public land health standards (BLM 2009 and BLM 2005). 3. Affected Environment & Environmental Consequences DIRECT AND INDIRECT EFFECTS, MITIGATION MEASURES This section provides a description of the human and natural environmental resources that could be affected by the two Acton Alternatives and the No Action alternative. In addition, the section presents comparative analyses of the direct and indirect environmental consequences stemming from the implementation of the various actions. The exact route and pole placement have not been designed. However, for purposes of the impact analysis and comparison of alternatives, potential alignment and pole placement was modeling using PSCo' s most accurate estimate. Pole placement was estimated using PSCo's intention of mirroring the existing towers (i.e., placing new poles next to existing poles or towers where possible), and using the existing 230kV line to generate approximate pole spacing. Because some of the pole locations would only be accessible by foot and by helicopter, the overall impact acreage described in the EA for each resource area is an overestimate of anticipated actual impacts. A variety of laws, regulations, and policy directives mandate the evaluation of the effects of a proposed action and alternative(s) on certain environmental elements. Not all programs, resources or uses are present in the area, or if they are present, may not be affected by the proposed action and alternatives (Table 5). Based on the results of internal and external scoping, BLM interdisciplinary team identified key issues for evaluation in the EA. Only those resource elements that are present and potentially affected are described and brought forth for detailed analysis. Table 5. Resources Potentially Affected by the Alternative Actions. Programs, Resources, and Uses (Including Supplemental Authorities) Potentially Affected? Yes No Access and Transportation X Air Quality X Areas of Critical Environmental Concern X Cadastral Survey X Cultural Resources X Native American Religious Concerns X Environmental Justice X Farmlands, Prime or Unique X 15 Fire/Fuels Management X Floodplains X Forests X Geology and Minerals X Health and Safety X Law Enforcement X Livestock Grazing Management X Noise and Interference X Paleontology X Plants: Vegetation, Wetlands and Riparian Zones X Plants: Invasive, Non-native Species (Noxious Weeds) X Plants: Sensitive, Threatened, or Endangered X Livestock Grazing Management X Realty Authorizations X Recreation X Social and/or Economics Factors X Soils X Visual Resources X Wastes, Hazardous or Solid X Water Quality, Surface and Ground X Water Rights X Wild and Scenic Rivers X Wilderness/WSAs/Wilderness Characteristics X Wildlife: Aquatic / Fisheries X Wildlife: Migratory Birds X Wildlife: Sensitive, Threatened, and Endangered Species X Wildlife: Terrestrial X Access and Transportation Affected Environment The BLM manages access and transportation for a variety of motorized and non -motorized activities including recreation, livestock and wildlife management, ROWs for oil and gas exploration, transmission lines, and private lands. The proposed project area is located in an area with an Open Area Designation allowing for intensive off-road vehicle (ORV) travel. Primary roads in the project area include Garfield County roads, BLM roads, oil and gas exploration spur roads connecting well pads, and private roads. Road maintenance is generally the responsibility of the land owner or leasee in the case of oil and gas operations. BLM typically uses road graders to re-establish the surface of a road to improve traffic speed and maneuverability. Dozers are used less frequently on roads to re-establish drainage and repair minor road damage or stream crossings. 16 Environmental Effects No Action Alternative There would be no change to the existing access and transportation system under the No Action alternative. Routine road maintenance would continue as it has in the past. New road development on BLM land would be subject review and permitting requirements. Effects Common to Action Alternatives Installation of the transmission line structures and the transmission line for both action alternatives would require access along the transmission line corridor. It is anticipated that the majority of the proposed power line would be accessible from the current network of roads on BLM and private lands. Minor road improvements to existing roads may be necessary and damage to existing roads would be repaired following construction. Impacts to existing access roads from transport of equipment and materials required for transmission line installation are expected to be minor, because of the limited anticipated use over a short time period and mitigation measures to restore any damaged roads. Stringing and pulling electrical conduit between structures would require off-road vehicle travel. No roads would be constructed for this work. Travel would only be conducted when the ground is dry and slopes are not steep. Ground disturbances from off-road activities would be restored and revegetated as needed. Helicopters would be used to install transmission line structures where no existing roads are available. Two potential "fly yards" on private land have been identified in locations that avoid sensitive areas. Helicopters would deliver workers and materials from staging areas to the construction site. Approximately 16 transmission structures may need to be installed by helicopter on the portion of the transmission line route that is common to both alternatives. Vegetation clearing as needed around structures accessed by helicopter would be conducted by hand. Helicopter access may be required during construction, as well as for future maintenance needs. Alternative A (Proposed Action) Principal roads that would be used to access the transmission line route include Garfield County Roads 309, 301, 351, 329, 325, Beaver Creek Road, Mustang Mesa Trail, Quicksilver Way, and numerous BLM roads and oil and gas exploration spur roads. Approximately 22 transmission line structure sites may need to be accessed by helicopter in addition to the 16 sites on the common route. Alternative B Access roads expected to be used for construction of the transmission line under Alternative B include Garfield County Roads 309, 301, 310, 351, 329, 325, 319, Battlement Creek Road, Grass Mesa Road, and BLM roads and oil and gas roads. Approximately 27 transmission line structure sites may need to be accessed by helicopter in addition to the 16 sites on the common route. Mitigation The following design feature would be used to mitigate impacts to existing roads and avoid the need for new roads: • Existing access roads used for installation of the transmission line and structures would be maintained and restored to preconstruction conditions following completion of work. 17 • Public notice and signs would be used for any road closures or detours required during construction. • Any existing routes that are improved to install or maintain the power line that are not a part of the designated route system would be blocked to prevent public access. The routes would need to be blocked using gates, boulders or other approved structures. • Helicopters would be used for transmission line structure installation where no existing access routes are present. Air Quality Affected Environment Air quality in the project area is typical of undeveloped regions in the western United States. The closest Class I airsheds are the Flat Tops Wilderness Area located approximately 40 miles northeast and the Maroon Bells located approximately 50 miles to the southeast (BLM 201 la). Fugitive dust from the desert areas near the proposed project area, unpaved roads and streets, and seasonal sanding for winter travel; motor vehicles; oil and gas operations; and wildfires and wood -burning stove emissions are the primary sources of air pollutants in the region. Throughout the western U. S., seasonal wildfires may also contribute to air pollutants and regional haze. Except for high short-term increases in PM10 levels (primarily windblown dust), ozone, and carbon monoxide, the ambient pollutant levels are usually near or below measurable limits. Elevated concentrations may be the result of long-range transport from urban areas, subsidence of stratospheric ozone or photochemical reactions with natural hydrocarbons. The EPA General Conformity regulations require that an analysis (as well as a possible formal conformity determination) be performed for federally sponsored or funded actions in nonattainment areas and in designated maintenance areas when the total direct and indirect net air pollutant emissions (or their precursors) exceed specified levels. The closest non -attainment or maintenance area is the Town of Aspen, which is over 50 miles southeast of the proposed project area (BLM 2011b). Environmental Effects No Action Alternative Under the No Action alternative there would be no impacts to air quality from construction related activities. Compressors used for oil and gas development would most likely continue to use natural gas instead of electricity for operation, and new compression projects would not have the option to use electricity for operation. Continued and new use of natural gas would result in increased emissions of volatile organic carbons, nitrous oxide, and other hazardous air pollutants at compressor stations. These emissions would have a minor effect on local air quality with use of catalysts on engine exhaust and other emission controls. Effects Common to Action Alternatives Increased vehicle traffic, equipment operation, surface disturbance, and helicopter use would temporarily increase vehicle emissions and fugitive dust (PM10) production during construction. Elevated particulate matter and emissions during construction activities would have localized short-term effects on air quality. Hydrocarbons, nitrogen oxide, and sulfur dioxide vehicle 18 emissions would be rapidly dissipated and would not exceed air quality standards. Visibility, deposition, and other air quality -related values in the region would not be appreciably affected. Air quality would return to preconstruction levels following completion of construction activities. Operation and maintenance of the transmission line would not result in a long-term increase in traffic or vehicle emissions. Regional and local air quality would not be more than negligibly affected by short-term increase in emissions. Federal and state air quality standards would be met during and following project implementation. There would be no impact to designated wilderness air quality or need for a conformity determination because emissions would be short-term and negligible and there are no Class I airsheds or nonattainment areas within 50 miles. Maintenance activities over the life of the project would have short-term negligible effects on air quality from periodic access by vehicles, equipment, and helicopters. In the long term, providing electricity as an alternative to natural gas for use in compression and other oil and gas operations could result in a minor local, improvement to air quality. Alternative A (Proposed Action) and Alternative B Temporary and long-term effects to air quality from construction and operation under Alternative A and B would be similar and are not discussed separately. Mitigation To minimize fugitive dust production, a BLM approved dust suppressant would be used along access roads as needed during construction activities. Construction equipment and vehicles would not be left idling for excessive periods. Cultural Resources Cultural resources include sites, buildings, structures, objects, districts, or areas of traditional religious and cultural importance. Historic properties are those cultural resources that are either included on or have been determined to be eligible for inclusion on the National Register of Historic Places (NRHP). Traditional cultural properties include "traditions, beliefs, practices, lifeways, arts, crafts, and social institutions of any community, be it an Indian tribe, a local ethnic group, or the people of the nation as a whole" (National Park Service Bulletin No. 38). Examples of traditional cultural properties include, but are not limited to, locations where Native Americans have performed ceremonies or have gathered resources; or rural community land use patterns, such as farming and ranching. The BLM and the State of Colorado (Office of Archaeology and Historic Preservation [OAHP]) maintain databases of cultural resources found during previous surveys. Known recorded cultural resources within one mile of the project area (area of potential effect [APE]) were identified by conducting a Class I file and literature review with the OAHP and with the BLM Colorado River Valley Field Office (CRVFO). Cultural resource field surveys were conducted to locate unrecorded cultural resources on all unsurveyed public lands, along with private lands where permission was granted by the landowner (ERO 2013). Private lands are included in the cultural resource survey because the project encompasses both federal and private lands. Implementation of the project would require compliance with Section 106 of the National Historic Preservation Act (NHPA) for all affected properties, private and federal. 19 Cultural resources are evaluated, in part, for their potential to provide information important to the interpretation of prehistory or history. Therefore, it is important to provide a cultural - historical context from which to evaluate significance. Research, survey, and analysis were completed to recognize historic properties, spot possible impacts to historic properties, and identify measures to avoid impacts as part of compliance with Section 106 of the NHPA. Affected Environment The temporal framework for the northern Colorado River Basin is divided into five major prehistoric and historic eras: Paleoindian (13400 to 7500 B.P.); Archaic (ca. 7500 to 2000 B.P.); Late Prehistoric (2400 to 700 B.P.); Protohistoric (700 to 200 B.P.); and Historic (200 to 50 B.P.) (Reed and Metcalf 1999). Each of the prehistoric eras is marked by specific settlement strategies and material culture. For example, during the Paleoindian era, humans were nomadic hunter - gatherers who used highly stylized spear points of which the famous Clovis and Folsom periods are most emblematic; during the following Archaic era, humans survived by hunting and plant gathering and processing, which is reflected in the variety of projectile point styles and the development of "ground stone" technology. By the Late Prehistoric era, humans began to settle into distinct territories and had adopted bow and arrow and ceramic technologies; the Protohistoric era marks the transitional period of Euroamerican settlement and the first interaction with modern tribes. For Native Americans, it was a period of profound socio -cultural change that included displacement or removal from traditional tribal areas and the reduction of population through European disease. Euroamerian history in the Colorado River Valley began with government survey expeditions and fur trappers in the early 1800s. Once transportation corridors were extended into the region, first by wagon road and culminating with the arrival of the railroad by the 1880s, industries emerged that still define the region. The single most important historical industry in the region is farming and ranching, which continues to be present and viable economically. Related themes important to the consideration of significance for the historic era include the development of transportation systems; water conveyance systems; electrical transmission; and the farming and ranching landscape. Results of the file search and field survey indicate several types of cultural resources are present in the project area (Table 6). Cultural resources (historic properties) eligible for the NRHP include prehistoric archeological sites, transmission line segments, historic structures, and multicomponent sites that were occupied during prehistoric and historic periods. Prehistoric archaeological sites are the most prevalent. A historic property's visual context contributes to its integrity, significance, and eligibility for listing on the NRHP. The current visual quality within about 2 miles of the project corridor is influenced by roads, existing powerlines, oil and gas drilling and operations, the I-70 corridor, and other industrial development. Table 6. Historic properties eligible or potentially eligible for listing on the NRNP within the project area. Cultural Resource Type Common to Alternative A and B Alternative A Alternative B Total Eligible Total Eligible Total Eligible Prehistoric 12 3 11 4 5 2 20 Cultural Resource Type Common to Alternative A and B Alternative A Alternative B Total Eligible Total Eligible Total Eligible Archaeological Historic Archaeological 1 0 3 1 1 0 Transmission Line Segments 2 2 0 0 0 0 Centennial Farm 0 0 0 0 1 1 Historic Railroad1 Segment 1 Historic Road 2 0 2 0 0 0 Historic Ditch Segments 0 0 2 0 0 0 Historic Rock Art 1 0 0 0 0 0 Multicomponent (Prehistoric and Historic) 0 0 1 1 2 2 Totals 19 6 19 4 9 5 Source: (ERO 2013) Environmental Effects No Action Alternative The No Action alternative would have no effect on existing cultural resources. There would be no new visual impacts. Effects Common to Action Alternatives Construction activities related to installation of transmission line structures and conductors could result in direct impacts to historic properties, as well as possible indirect adverse visual impacts associated with the proximity of the transmission line to the historic property. Of the 47 cultural resources located within the transmission line routes for both Alternative A and B, 15 are potential historic properties; 8 prehistoric archaeological sites (5GF1231, 5GF1232, 5GF1233, 5GF3755, 5GF3904/5GF133, 5GF4060, 5GF4176, and 5GF4973), 1 prehistoric open camp/historic fence (5GF1427), one corral (5GF3462), 1 prehistoric/protohistoric archaeological site (5GF3415), 1 Centennial Farm (5GF3373), 2 transmission line segments (5GF4554.6 and 5GF.4554.9), and 1 railroad segment (5GF4620.4). For federal undertakings, only historic properties, or those cultural resources that are eligible or potentially eligible for listing on the NRHP, are considered for environmental effects. Six of these sites, including three prehistoric archaeological sites (5GF1233, 5GF3755, and 5GF4060), two transmission line segments (5GF.4554.6 and 5GF.4554.9), and one railroad segment (5GF4620.4) potentially eligible for the NRHP are located within the transmission line route common to both alternatives. No direct adverse impact to historic properties is anticipated for the transmission line route common to both alternatives because the transmission line or structure placement would be adjusted to avoid impacts during final design. A 2 -mile viewshed analysis determined alternative new transmission lines would be visible from nine potential historic properties, including two prehistoric open architectural sites (5GF2914 and 5GF3415), agricultural complexes (5GF356, 5GF3373, and 5GF4116), dwellings (5GF242 and 5GF786), and a school house (5GF135). The new transmission line segment common to both Alternative A and B would be visible from seven historic and prehistoric 21 structures/complexes (5GF135, 5GF356, 5GF786, 5GF2914, 5GF3373, 5GF3415, and 5GF4116). Specific cultural resources potentially affected by the corridor common to both action alternatives include the Battlement Mesa Schoolhouse (5GF135); the Clem Ranch (5GF3373) and the Potter Family Ranch (5GF4116), both Centennial Farms; an agricultural complex with unknown characteristics (5GF356); one historic residence (5GF786); and two prehistoric open architectural sites (5GF2914 and 5GF3415), all of which are about one mile or greater from the proposed transmission line route common to both alternatives. Adverse visual impacts to historic properties from the transmission line common to both alternatives would be minimized because the new line would be located within existing transmission line corridors and the new transmission line would be consistent with the existing visual setting. Because the transmission line would not be readily visible from these historic properties and the visual context in which these resources are situated includes existing transmission lines and industrial development, the introduction of a new feature would not diminish the integrity of the historic properties or affect their eligibility for listing on the NRHP. Alternative A (Proposed Action) Within the Proposed Action transmission line APE are five potential historic properties including one historic corral (5GF3462) (officially needs data) and two prehistoric archaeological sites (5GF1231 (field eligible) and 5GF1232 (officially eligible)) (Table 6). Direct impacts to historic properties for Alternative A would be avoided during final design by placement of structures away from known resources. Based on the 2 -mile viewshed analysis, the Alternative A transmission line would be visible from eight potential historic properties, including two Centennial Farms, (Clem Ranch (5GF3373) and the Potter Family Ranch (5GF4116); two historic residences (5GF786 and 5GF422); a school house (5GF135); an agricultural complex (5GF356); and two prehistoric architectural sites (5GF2914 and 5GF3415). Adverse visual impacts to historic properties from the transmission line of Alternative A would be minimized because the new line would be located within existing transmission line corridors and the new transmission line would be consistent with the existing visual setting. No additional cultural resources would be visually impacted by the Proposed Action. Alternative B Within the Alternative B transmission line APE are five potential historic properties including one multicomponent archaeological site (5GF3409/5GF133) (officially eligible), one prehistoric archaeological site (5GF3415, officially eligible ), and Clem Ranch (5GF3373), which has not been evaluated for inclusion on the NRHP (Table 6). Direct impacts to historic properties for Alternative B would be avoided during final design by placement of structures away from known resources. Based on the 2 -mile viewshed analysis, the Alternative B transmission line would be visible from eight potential historic properties, including two Centennial Farms (Clem Ranch: 5GF3373 and the Potter Family Ranch: 5GF4116); two historic residences (5GF 242 and 5GF786); a school house (5GF135); an agricultural complex (5GF356); and two prehistoric architectural sites (5GF2914 and 5GF3415). Alternative B would cross directly over Clem Ranch and may require placement of structures on the property. There are no existing transmission lines present for the segment of Alternative B that crosses Clem Ranch; however, existing visual disturbance in the vicinity of this historic ranch includes roads, oil and gas drilling and operations, the I-70 corridor, and other industrial development. Although the eligibility of Clem Ranch for the NRHP has not been determined, the proximity of a new transmission line across the property may have a visual impact to the property and impact the historic integrity of this resource. In addition, Alternative B would be 100 feet away from prehistoric site 5GF3415 22 and adjacent to prehistoric site 5GF2914. There are no existing transmission lines along the segment of Alternative B that is near these resources, but existing visual disturbance in the vicinity of both resources includes roads, oil and gas drilling and operations, and other industrial development. Therefore, the Alternative B transmission line may compromise the integrity of both resources. For other historic properties within 2 miles of the Alternative B alignment, the introduction of a new feature would not diminish their integrity or affect their eligibility for listing on the NRHP. Mitigation In consultation with the State Historic Preservation Officer (SHPO), a determination of no adverse effect was made in May 2014 for this project. This determination was determined based on a mitigation plan with a Memorandum of Agreement (MOA) signed by SHPO, BLM and PSCo. The mitigation plan was drafted to address concerns for areas of private land that were not inventoried for cultural resources based on private land owner denial. Where feasible, all historic properties would be avoided by ground disturbing actions, using existing access roads and siting structures to avoid adverse effects. Because of the flexibility in placing the transmission line structures, it is anticipated that all eligible historic and prehistoric sites can be avoided during construction. The visual impact of a new transmission line also would be minimized by use of non -reflective steel poles for structures to reduce visibility. Although the preferred mitigation measure is avoidance, for those historic properties that cannot be avoided a treatment plan would be written and included under a memorandum of agreement (MOA) that would be developed between the BLM, SHPO and participating signatories, if any, that could include interested Native American tribes if the property is archaeological in nature. The Advisory Council on Historic Preservation would be invited to participate in the development of the MOA. Any unexpected discoveries of human remains on federal or trust lands would be mitigated under provisions of the Native American Graves Protection and Repatriation Act. In the event of an inadvertent discovery of human remains on non-federal lands, Colorado Statute 18-4-509: (Colorado's Historical, Prehistorical, and Archaeological Resources Act) 24-80, Part 13 would be followed. Native American Religious Concerns Affected Environment American Indian religious concerns are legislatively considered under the American Indian Religious Freedom Act of 1978 (PL 95-341), the Native American Graves Environmental Assessment Protection and Repatriation Act of 1990 (PL 101-601), and Executive Order 13007 (1996; Indian Sacred Sites). These require, in concert with other provisions such as those found in the NHPA and Archaeological Resources Protection Act (ARPA), that the federal government carefully and proactively take into consideration traditional and religious Native American culture and life. This ensures, to the degree possible, that access to sacred sites, the treatment of human remains, the possession of sacred items, the conduct of traditional religious practices, and the preservation of important cultural properties are considered and not unduly infringed upon. 23 In some cases, these concerns are directly related to "historic properties" and "archaeological resources". In other cases, elements of the landscape without archaeological or other human material remains may be involved. Identification of these concerns is normally completed during the land use planning efforts, reference to existing studies, or via direct consultation. The Ute have a generalized concept of spiritual significance that is not easily transferred to Euro - American models or definitions. The BLM recognizes that the Ute have identified sites that are of concern because of their association with Ute occupation of the area as part of their traditional lands. The cultural resource evaluation of this project, describing known cultural resources and their condition, was sent to the Southern Ute Indian Tribe, Ute Mountain Ute Tribe, and the Uinta and Ouray Agency Ute Indian Tribe. The letter, sent on December 18, 2013, requested the tribes to identify issues and areas of concern within the project area. No comments were received at that time. Additional consultation for the project was conducted on May 1, 2014, more specifically regarding the BLM/SHPO/PSCo MOA and mitigation. Comments were received at this time and incorporated into the analysis. Environmental Effects No Action Alternative Under the No Action alternative, no cultural resources or Native American sites of religious concern would be impact. No additional visual impacts would occur to cultural resources or Native American sites of religious concern. Effects Common to Action Alternatives Of the cultural resources identified during this project inventory, 10 cultural resources are prehistoric and include 8 prehistoric archaeological sites (5GF1231, 5GF1232, 5GF1233, 5GF3755, 5GF3904/5GF133, 5GF4060, 5GF4176, and 5GF4973), 1 prehistoric/protohistoric archaeological site (5GF3415), and 1 prehistoric open camp/historic fence (5GF1427). Of these cultural resources three prehistoric archaeological sites (5GF1233, 5GF3755, and 5GF4060) are eligible for the NRHP and are located within the transmission line route common to both alternatives. Direct impacts to cultural resources will be avoided through minimum 100 -meter buffers around cultural resources and through project design criteria. A 2 -mile viewshed analysis determined alternative new transmission lines would be visible from two prehistoric open architectural sites (5GF2914 and 5GF3415) common to both alternatives. Although all direct impacts to cultural resources will be avoided, indirect visual impacts still have the potential to impact the visual setting of cultural resources sensitive to Native Americans by interfering with site setting and view-scape. Alternative A (Proposed Action) Within the Proposed Action transmission line APE there are four prehistoric archaeological sites (5GF1231, 5GF1232, 5GF3428, and 5GF3429). Of these four prehistoric cultural resources 2 are eligible for the NRHP. Direct impacts to cultural resources will be avoided through minimum 100 -meter buffers around cultural resources and through project design criteria. Based on the 2 -mile viewshed analysis, the Alternative A transmission line would be visible from two prehistoric architectural sites (5GF2914 and 5GF3415) same as the Common to Action Alternative. Adverse visual impacts to historic properties from the transmission line of 24 Alternative A may be minimized because the new line would be located within existing transmission line corridors but indirect visual impacts still have the potential to impact the visual setting of cultural resources sensitive to Native Americans by interfering with site setting and view-scape. Alternative B Within the Alternative B transmission line APE are three prehistoric archaeological sites (5GF3415, 5GF3423, and 5GF3448) of which one (5GF3415) is eligible for the NRHP. Direct impacts to cultural resources will be avoided through minimum 100 -meter buffers around cultural resources and through project design criteria. A 2 -mile viewshed analysis determined alternative new transmission lines would be visible from two prehistoric open architectural sites (5GF2914 and 5GF3415) common to both alternatives. This alternative is much closer in proximity to these two cultural resources than Alternative A and would have a greater visual impact. Although all direct impacts to cultural resources will be avoided, indirect visual impacts still have the potential to impact the visual setting of cultural resources sensitive to Native Americans by interfering with site setting and view-scape. Mitigation Based on tribal consultation, a request to include additional research of specific cultural resources was expressed by Tribal members and will be included in the mitigation of this project through the MOA. Environmental Justice Executive Order 12898, signed on February 11, 1994, directs federal agencies to make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high adverse human health or environmental effects of its activities on minority and low-income populations. Environmental justice involves fair treatment, which means that no group of people, including a racial, ethnic, or socio-economic group, should bear a disproportionate share of negative environmental consequences resulting from a federal action. Affected Environment Review of 2010 data from US Census Bureau indicates the median annual income of Garfield County averages $63,929, which is slightly higher than the overall median annual income for the state of Colorado, but is neither a wealthy or impoverished county. U.S. Census Bureau data from 2010 shows that minorities comprise less than 12 percent of the population of Garfield County (Census 2010). Environmental Effects No Action Alternative: No impacts to minority or low-income populations would occur under the No Action alternative. Effects Common to Action Alternatives The Proposed Action would not result in disproportionately adverse human health impacts or environmental effects on minority or low-income populations. The effects of either action 25 alternative would not be disproportionate to those experienced by the general population. The anticipated environmental and socioeconomic effects would be spread across all races, ages, and income levels. Alternative A (Proposed Action) and Alternative B There would be no difference in environmental justice effects under either Alternative A or B. Mitigation No mitigation is required because there would be no environmental justice effects. Fire/Fuels Management Affected Environment Garfield County has developed a Community Wildfire Protection Plan (CWPP) to plan and manage wildfire risks and hazards, and devise ways to protect human welfare and important economic and ecological values (Walsh 2012). The CWPP, which includes BLM and private lands within the project area, provides a comprehensive assessment of current conditions and fire risk and fuel management activities. Most of the following discussion was based on information in the CWPP and data generated by the Colorado State Forest Service. The project area supports a mixture of grass, shrub, and forest vegetation types that have adapted historically to a range of low and high intensity fires. Pinion -juniper, oak woodland, and sagebrush communities present in the project area have the greatest potential for carrying wildfires. The semi -arid and hot climate in the project area, frequent gusty winds, lightning, steep terrain, and other site specific conditions contribute to the potential for wildfires. A number of wildfires have occurred in or near the project area since 1981 including the Battlement Mesa Fire east of Parachute in 1987 (Walsh 2012). Fire suppression activity over the past 100 years has increased the potential for high-intensity wildfires by increasing the density of vegetation and fuel accumulation. The Colorado State Forest Service (CSFS) developed a Wildfire Susceptibility Index (WFSI) for Garfield County to provide a measure of wildfire risk. The WFSI is defined as the probability of wildfire occurrence and its predicted rate of spread once an ignition occurs. Factors used to develop the WFSI included topography, historic weather, historic wildfire, surface fuels, and vegetation canopy. Wildfire susceptibility within the project area ranges from low to moderate (Walsh 2012). The CSFS has also developed a Wildfire Intensity Index (WFII) as a measure for the potential for high-intensity wildfire occurrence as defined by flame length and crown fire. The WFII is based on fire behavior computer simulations using similar data as for the WFSI. The WFII for the project area is primarily rated as moderate, with some areas rated as low (Walsh 2012). Areas of wildland-urban interface (WUI) are of concern where man-made improvements are built close to, or within, natural terrain and flammable vegetation, and where high potential for wildland fire exists (CSFS 2013). Most of the project area between Rifle and Parachute is located within the boundaries of a WUI. The Rifle WUI area has an overall high risk rating for wildfire (Walsh 2012). 26 Fire management on BLM lands is governed by the Federal Wildland Fire Management Policy, which directs federal agencies to achieve a balance between suppression to protect life, property, and resources, and fire use to regulate fuels and maintain healthy ecosystems. In addition, each BLM field office has a Fire Management Plan that becomes the on -the -ground, operational framework that implements national direction for wildfire suppression, wildland fire use, fuels treatment, emergency stabilization and rehabilitation, and community assistance/protection programs. Currently local fire protection districts, the BLM, U.S. Forest Service, and other entities each work to reduce hazardous fuels throughout the County. Management actions include a variety of fuels treatment, such as establishing defensible space, fuelbreaks, prescribed fires, vegetation mowing along roads, and vegetation management. BLM currently has several proposed fuel projects near the project area and Colorado Parks and Wildlife, through its Habitat Partnership Program, has several proposed projects to increase forage availability by vegetation management and thus, lower wildfire risk and reduce conflicts between big game and wildlife. Environmental Effects No Action Alternative Under the No Action alternative no construction activity would take place and the risk of fire would not change. Effects Common to Action Alternatives Construction activities associated with installation of the transmission lines and structures would result in a short-term increase in the potential for man-made fires associated with construction activities, smoking, equipment operation, and vehicles parking over dry grass. Best management measures as described below in the Mitigation section would be used during construction to reduce the risk of inadvertent wildfire. Woody vegetation clearing around transmission line structures and clearing any tall trees under the line would be used to maintain the required clear zone of 30 feet, which also would serve to reduce the risk of fire. Vegetation clearing under the transmission line is expected to be minimal because most of the pinion -juniper and other woodland vegetation types are below the minimum required safe distance between electrical lines and vegetation. Following construction, the operation of the transmission line would not substantially increase the risk of fire or affect the rate, duration, frequency of future fires. PSCo would continue routine vegetation clearing near facilities and ongoing line maintenance throughout the life of the project. Alternative A (Proposed Action) The transmission line corridor under Alternative A would be located primarily within areas rated with a low to moderate WFSI (Table 7). WFII mapping indicates that most of the transmission line would be located within lands with a moderate rating and a very small portions would occur in areas rated as high or very high (Table 8). The transmission line would be located within the WUI. Table 7. Wildfire Susceptibility Ratings along Alternative Transmission Line Routes. Wildfire Susceptibility Index Alternative A (acres) Alternative B (acres) Shared Corridor (acres) Not rated 0 0 0 Low 38 40 21 27 Wildfire Susceptibility Index Alternative A (acres) Alternative B (acres) Shared Corridor (acres) Moderate 154 162 157 High 1 2 3 Very High 0 0 0 Note: Acres within 150 -foot corridor. Table 8. Wildfire Intensity Index Ratings along Alternative Transmission Line Routes. Wildfire Intensity Index Alternative A (acres) Alternative B (acres) Shared Corridor (acres) Not rated 4 13 6 Low 111 88 101 Moderate 67 100 71 High 11 4 3 Very High 0 0 0 Note: Acres within 150 -foot corridor. Alternative B The transmission line corridor under Alternative B would be located primarily within areas rated with a low to moderate WFSI (Table 7). The majority of the transmission line would be located within areas with a moderate WFII (Table 8). The transmission line would be located within the WUI. Mitigation All construction vehicles would be equipped with fire extinguishers and shovels for fighting small fires, if necessary. Construction crews would be equipped and trained to fight small fires. Spark arresters would be required for equipment generating sparks, including ATVs and chainsaws. Smoking would be allowed during construction activities only in designated safe - smoking areas. Common sense practices regarding heat/spark sources, particularly in dry conditions, would be followed. Avoiding parking hot vehicles on dry shrubs and other logical avoidance practices would be followed. Construction crews would have access to telephones to contact the necessary fire officials if a fire occurs, or if one were observed in the project vicinity. Minor brush clearing for pole construction would provide a minor benefit by removing fuel. Floodplains Affected Environment Floodplain maps are not available for much of the project area; however, a 100 -year floodplain is mapped along the Colorado River in the project area by the Federal Emergency Management Agency (FEMA) (Parachute area FEMA Map [FEMA 1991]) and the U.S. Army Corps of Engineers. No floodplain mapping is available for the remainder of the project area, but streams are generally small and easily spanned by a transmission line. 28 Environmental Effects No Action Alternative There would be no impacts to the 100 -year floodplain of the Colorado River or other streams under the No Action alternative. Effects Common to Action Alternatives The transmission line route under both action alternatives would cross the Colorado River floodplain near Parachute. If feasible, no transmission line structures would be located in the 100 -year floodplain of the Colorado River. If it is not possible to span the floodplain, then structures would be located near the outside of the floodplain. It is unlikely more than one to two structures would be placed in the floodplain. There would be no significant adverse effects on natural or beneficial floodplain values with the addition of several poles within the floodplain. The existing 345 kV transmission line has several tower structures positioned in or near the floodplain of the Colorado River. Poles placed in the floodplain would not restrict the ability of the floodplain to convey and store floodwaters, and they would not contribute to flooding during or after construction. No impact to the floodplain of other streams in the project area would occur because no structures would be placed within the floodplain. Alternative A (Proposed Action) and Alternative B The impacts of both alternatives on floodplains would be the same because both alternatives share a common alignment across the Colorado River at the west end of the project. Mitigation If transmission line structures must be placed in the Colorado River floodplain, poles would be placed as far from the active channel as possible. Structure placement in wetlands or below the Ordinary High Water Mark would be avoided if possible and appropriate U.S. Army Corps of Engineer approvals secured prior to construction if impacts are unavoidable. Debris protection measures would be placed around poles to prevent flood damage. Regular inspection of the poles in the floodplain by PSCo would be conducted to remove debris and ensure the integrity of the structures. Health and Safety Affected Environment Transmission lines and other devices that conduct electricity generate electric and magnetic fields (EMF). Electric fields are created by voltage transmission and the greater the voltage the stronger the electric field. Likewise, the higher the current, the greater the magnetic field. Exposure to electric and magnetic fields diminish with distance from the source. Under transmission lines, EMF drop substantially with distance. The electric field at the centerline of a 230 -kV transmission line is 1.0 kilivolts per meter (kV/m) and diminishes to 0.07 kV/m at a distance of 100 feet (PSCo undated). The magnetic field at the centerline of a 230 -kV transmission lines is 57.5 milliGauss (mG) and decreases to 7.1 mG at a distance of 100 feet. As a basis of comparison a microwave oven has a magnetic field of 300 mG at distance of 6 inches and 10 mG at a distance of 2 feet. Although there have been concerns that exposure to EMF could impact health, currently there is no conclusive evidence of harmful effects (Xcel 2012). 29 Environmental Effects No Action Alternative There would be no change to health and safety for the public or BLM staff under the No Action alternative. Effects Common to Action Alternatives Construction of the transmission line involves the risk of accidents and injury for workers using heavy equipment and machinery in remote locations and often in steep terrain. Because the majority of construction activity is located in rural areas away from residences, schools, businesses, health and safety concerns to the public during construction are negligible. PSCo contractors would adhere to standard safety protocols to minimize the potential for accidents at construction sites and on roads used to access the project area. Operation of the transmission line would require periodic maintenance, which may require actions similar to those used during construction. Exposure to EMF would be greatest for workers performing maintenance, but exposure duration would be short and there are no known health impacts. Exposure to EMF by residents, visitors, or travelers during transmission line operation would be negligible because EMF diminishes rapidly with distance from the transmission line and the project is mostly located in undeveloped open areas that are not densely populated. The ROW/easement width associated with the transmission line is intended to prevent intrusion (specifically, construction of residences of other structures) into the corridor that could cause adverse health effects. Alternative A (Proposed Action) and Alternative B Health and safety risks and impacts would be the same for both alternatives. Mitigation PSCo would ensure construction and operation is conducted in compliance with all applicable Occupational Health and Safety (OSHA) rules and regulations and other standard operational procedures and protocols, including best management practices, to maintain a safe and healthy environment for workers and the public. Livestock Grazing Management Affected Environment According to the 2011 BLM CRVO Grazing Allotment permit renewal map, nine potential grazing allotments occur within the project area (see Table 9; BLM 2011c). Table 9. Grazing allotments within the Project Area. Allotment Name Allotment No. Acres of Public Land Battlement Creek Commons C005124 2,550 Beaver Creek C008113 462 Beaver Mamm C008104 4,110 Dry Creek Bill and Pete C008125 7,259 Grass Mesa C008112 1,020 30 Hoagland C008123 301 Oates C008103 1,203 Porcupine Commons C008119 1,928 Spruce Gulch Commons C008121 1,715 Source: BLM 2011c Environmental Effects No Action Alternative Under the No Action alternative, there would be no impacts to Livestock Grazing Allotments. Effects Common to Action Alternatives A small percentage of the grazing allotment area would be affected for areas common to both alternatives (less than 1 percent). All temporary disturbances would be reclaimed using methods described in the "Reclamation" section. If any fencing is disturbed during construction, it would be repaired or replaced. Alternative A (Proposed Action) Short-term construction activity for the proposed action would disturb small areas within the Dry Creek Bill and Pete grazing allotment, Battlement Creek Common grazing allotment, Porcupine allotment, and Beaver Creek allotment. These areas would represent a very small percentage of each allotment (less than 1 percent). At these levels, the short-term and long-term effects on grazing allotments would be considered negligible. Alternative B The Beaver Mamm, Grass Mesa, Hoaglund, Oates, and Spruce Gulch Common allotments would be impacted by Alternative B. Placement of poles would affect a small percentage of grazing allotment acreage within the project area (less than 1 percent). Mitigation No mitigation is necessary, as the short-term and long-term effects would be negligible. Realty Authorizations Affected Environment There are many existing BLM Realty Authorizations in the project area (Table 10), mostly powerlines and pipelines, access roads, and leases related to natural gas development. A 1980's land exchange patent (COC-038487FD) covers the following: T. 7 S., R94W and T., 7 S., 95 W.6th PM. Table 10. Existing Realty Authorizations in the project area. Township Range Section(s) 7S 96W 12 none 7S 95W 6,7,8,9,10,11,12 31 Township Range Section(s) COC -029423 PSCo Powerline COC -060190 Delaney and Balcomb Disclaimer of Interest COC -066088 Canyon Gas Pipeline COC -067071 WPX O&G lease/pipeline/road COC -072179 WPX O&G lease/pipeline/road COC -001524 Mobil O&G lease/pipeline/road COC -005173 ABO O&G lease/pipeline/road COC -081297 PSCo Pipeline 7S 94W 1,7,8,9,10,11,12 COC -029423 PSCo Powerline COC -036490 WPX O&G lease/pipeline/road COC-038487PT Joan Savage Land Exchange COC -046029 Encana O&G lease/pipeline/road COC -046032 Encana O&G lease/pipeline/road COC -051003 Canyon Gas Pipeline 7S 93W 5,6,21,22,23,28,32 COC -029423 PSCo Powerline COC -041916 WPX O&G lease/pipeline/road COC -046150 Encana O&G lease/pipeline/road COC -050944 ABO O&G lease/pipeline/road COC -052889 Encana O&G lease/pipeline/road COC -55972X Encana O&G Exploratory unit 6S 93W 14 none Environmental Effects No Action Alternative Under the No Action Alternative, there would be no new realty authorizations issued and no impacts would occur to various existing authorizations. Effects Common to Action Alternatives The proposed powerline would parallel or cross existing BLM authorized actions. Any construction activities would be coordinated with other ROW grant holders, once a specific alignment and construction schedule has been established. Each ROW grant holder would be responsible for maintenance and reclamation conditions associated with their ROW grant. 32 Noise and Electromagnetic Interference Affected Environment The project is located primarily in a rural setting where ambient background noise is typically low. However, recent oil and gas development has introduced noise associated with road construction, drilling, well completion, operation, and increased truck traffic. Regional and local traffic on county and BLM roads is also a source of noise, as well as operation of agricultural equipment. Near Parachute, noise from I-70 is dominant. Residential and commercial development adds to ambient noise near Parachute and Rifle. The existing 230 -kV and 345 -kV transmission lines in the area also contribute noise from routine maintenance and transmission line operation. The corona noise from transmission line operation typically sounds like crackling or hissing and is caused by the breakdown of air into charged particles caused by the electrical field at the surface of conductors. Noise varies with line voltage and weather and is greatest when raining or when humidity is high. During dry conditions, corona noise at the edge of the ROW/easement is typically about 40 to 50 decibels (dBA), which is about the ambient noise level in an average home. Electromagnetic interference from transmission line conductors are capable of interfering with radio signals, and to a lesser extent, television signals. The existing 230 -kV and 345 -kV transmission lines present near the project area are a possible source of radio-frequency interference. The potential for interference diminishes with distance from the transmission lines. Applicable Colorado Noise Statutes (25-12-103) provide maximum noise limits that apply to a distance of 25 feet from a property line (Table 11). Table 11. Maximum Noise Limits Zone 7:00 am to next 7:00 pm 7:00 pm to next 7:00 am Residential 55 db (A) 50 db (A) Commercial 60 db (A) 55 db (A) Light Industrial 70 db (A) 65 db (A) Industrial 80 db (A) 75 db (A) Construction projects are subject to the maximum permissible noise levels specified for industrial zones. Environmental Effects No Action Alternative Noise levels in the project area would not change under the No Action alternative because construction and operation of a new transmission line would not take place. Effects Common to Action Alternatives Construction activities during installation of the transmission line and structures would result in a short-term increase in noise over the course of the 9 to 12 month construction period. Construction noise would occur at specific construction sites as well as from truck traffic delivering supplies, equipment, and workers. Construction noise would be greatest while working on excavation for the transmission line structure foundations. This work would involve the use of backhoes, air compressors, and jackhammers. These construction activities would 33 generate noise levels from about 70 to 90 decibels at a distance of 50 feet, depending on the type of equipment or activity (FHWA 2013). Use of helicopters for installation of transmission structures where road access is not available also would result in temporary increased noise levels. Noise from helicopter use would depend on the type of helicopter and the activity being performed. Noise generated from helicopter use would range from about 89 to 99 dBA at a distance of about 50 feet when in flight at 200 feet (BLM 2013) when carrying heavy loads. Light duty helicopters used in stringing would generate noise levels of about 80 dBA at 200 feet (BLM 2013). Helicopter sound emissions would occur at the work site and along portions of transmission line route, as well as staging areas and helicopter fly yards during construction. Because helicopters would be used to access remote sites where no roads are present, noise related impacts to residents or other receptors would be minor. In addition, helicopter use would occur over a relative short periods for any given location, thus adverse noise impacts from helicopter operations would be limited. Construction noise would be attenuated to some degree by dense vegetation cover and topography at many of the locations. There are few residences near the alternative transmission line alignment, except near Parachute, where ambient noise levels are higher due to the proximity to I-70 and other development. For most locations, noise levels would dissipate prior to reaching noise receptors. There are few residences or sensitive noise receptors adjacent to either transmission line route. Noise levels would be similar to existing background noise levels during operation of the transmission line. The design standard for transmission line construction is to generate less than 50 dBA at the edge of the ROW. The corona noise associated with electrical transmission would be negligible by the edge of the ROW. Maintenance would include access by vehicles, personnel, and periodic flyovers by helicopters to survey the condition of the transmission line. Periodic vegetation clearing around structures and occasionally under portions of the line would result in a short-term increase in noise. Because of the location of the line and distance from most residences, radio interference is expected to be minimal. Regular maintenance would address damaged or loose hardware on structures that contribute to radio interference. PSCo would also troubleshoot identified interference issues as part of maintenance as they occur. Alternative A (Proposed Action) Construction noise levels would occur over a slightly smaller area under Alternative A compared to Alternative B because of route length differences. Because both routes have the same terminus near population centers there would be no substantial difference in noise impacts near Parachute and Rifle. The construction of about 1.7 miles of the new transmission line under Alternative A would occur in an area where no existing transmission line is present, thus maintenance and operational noise would be expanded slightly from existing conditions. Alternative B Alternative B includes about 10.5 miles of transmission line that does not follow an existing transmission line corridor. Maintenance and operational noise would be expanded into a greater area than Alternative A and existing conditions. 34 Mitigation All motor vehicles and equipment would have mufflers conforming to original manufacturer specifications that are in good working order and are in constant operation to prevent excessive or unusual noise. Truck traffic would be routed away from sensitive noise areas where feasible. Work would be conducted in compliance with state noise statutes for construction activities in levels in industrial zones. Paleontology Affected Environment Paleontological resources constitute a fragile and nonrenewable scientific record of the history of life on earth. Fossils occur in several geologic formations in western Colorado. A comprehensive paleontological inventory has not been carried out for the Colorado River Valley Field Office planning area, but paleontological studies by others have documented numerous fossils records of plants, invertebrates, and vertebrates in the region. Twenty geologic formations in the CRVFO planning area have the potential to contain significant fossils. BLM uses a five level classification system to rate geologic units from very low to very high for the potential to contain important fossils. The Wasatch Formation is the most productive area for finding significant fossils in the project area. The Wasatch Formation is considered a Class 5 category for the presence of fossils. Class 5 geologic units contain a high occurrence of significant fossils, including vertebrate fossils or scientifically significant invertebrate or plant fossils are known to occur and have been documented, but may vary in occurrence and predictability, as well as fossil quality and scientific importance. Surface disturbing activities may adversely affect paleontological resources in Class 5 geologic units. While there are no known significant fossils from the project area, portions of the project have the potential to contain fossils. Environmental Effects No Action Alternative There would be no impact to paleontological resources under the No Action alternative. Effects Common to Action Alternatives Excavation of foundations for transmission line structures and minor surface disturbances would occur in portions of the Wasatch Formation that may contain paleontological resources. Potential impacts to geologic formations with important fossil bearing material is anticipated to be minor or negligible because of the relatively small shallow excavations and absence of major disturbance in bedrock outcrops associated with transmission line construction. Alternative A (Proposed Action) and Alternative B The potential for impacting paleontological resources would be similar for both alternatives. Mitigation (included in project Design Features) 35 Plants: Invasive Non -Native Species (Noxious Weeds) Affected Environment Noxious weeds were found within the project area as shown below (Table 12). Weed populations occur throughout the project area, particularly in existing disturbed areas such as roadways, pipelines, oil and gas facilities, and other industrial operations. Weeds are also spread by cattle, and are present throughout the project area in grazed areas. Table 12. Noxious Weeds in the Project Area*. Common Name Scientific Name List Location Bull thistle Carduus vulgare B Scattered patches throughout the project area, especially in or near disturbed areas Canada thistle Cirsium arvense B Occurs in patches along roads and near streams Houndstongue Cynoglossum officinale B Found in moist areas by drainages and along roads Musk thistle Carduus nutans B Found along roads and other disturbed areas Plumeless thistle Carduus acanthoides B Found along roads and other disturbed areas Russian knapweed Acroptilon repens B Patches found around well pads and other disturbed areas Russian olive Elaeagnus angustifolia B Found along the Colorado River and tributaries Salt cedar Tamarix sp. B Found along drainages and the Colorado River Whitetop (Hoary cress) Cardaria draba B Found around well pads and other disturbed areas Bulbous bluegrass Poa bulbosa C Commonly found throughout the project, especially in disturbed areas Cheatgrass Bromus tectorum C Commonly found throughout the project area Common Mullein Verbascum thapsus C Found in scattered patches, especially in disturbed areas Field bindweed Convolvulus arvensis C Commonly occurs in disturbed areas throughout the project Halogeton Halogeton glomeratus C Scattered patches, especially at the western end of the project area Redstem filaree Erodium cicutarium C Commonly occurs in disturbed areas throughout the project Source: Garfield County 2013; Colorado Department of Agriculture 2013 *Shaded rows are on the Garfield County noxious weed list. Colorado State Noxious Weed List Designations are as follows (no "A" list species found): "B" — List B of the State of Colorado Noxious Weed species for which the Commissioner of Agriculture, in consultation with the state noxious weed advisory committee, local governments, and other interested parties, will develop and implement state noxious weed management plans designated to stop the continued spread of the species. "C" —List C of the State of Colorado noxious weed species which the Commissioner of Agriculture of the State of Colorado noxious in consultation with the state noxious weed advisory committee, local governments, and other interested parties, will develop and implement state noxious weed management plans designed to support the efforts of local government bodies to facilitate more effective integrated weed management plans on private and public lands. The goal of such plans will not be to stop the continued spread of these species but to provide 36 additional educational, research, and biological control resources to jurisdictions that choose to require management of List C species. Environmental Effects No Action Alternative Under the No Action alternative no new surface disturbance would occur, therefore there would not be impacts to noxious weeds. Effects Common to Action Alternatives Activities which cause surface disturbance, such as the action alternatives, create an opportunity for the invasion or expansion of noxious weeds, particularly in areas where noxious weeds are already present in the vicinity. Effects for both alternatives would be very similar, and spread of noxious weeds as a result of the project would be minimal. No new access roads are proposed; existing access roads would be used for both alternatives. Where no access roads are present, helicopters would deliver supplies and staff to install the poles and string the line. For installation of the poles, Alternative A (Proposed) would have up to 2.28 acres of surface disturbance and Alternative B would have up to 2.96 acres of surface disturbance. Because Alternative B is slightly longer, this alignment would have more poles and therefore slightly more surface disturbance. As a result, Alternative B would likely result in slightly higher spread of noxious weeds. Mitigation All construction equipment and vehicles involved in land disturbing actions would be free of noxious weed seeds or propagative parts prior to entry on site. When working in areas with noxious weeds, equipment would be cleaned prior to moving off site. Any weeds present in the pole construction locations would be treated prior to surface disturbing activities. Analysis on Public Land Health Standard 4 for Plant and Animal Communities (partial, see also Special Status Species, Vegetation, and Aquatic and Terrestrial Wildlife) Based on LHA (BLM 2005 and 2009), the project vicinity was meeting Standard 4, although the establishment of invasive, non-native plants were observed problems. Non-native plants occur predominantly in disturbed areas, and cause declines in several plant functional groups, primarily cool -season grasses and forbs. Surface disturbance from this project has the potential to increase the spread of non-native invasive plants. The revegetation and weed management requirements identified as design features for the project are designed to restore native vegetation to disturbed sites, and remove invasive nonnatives. Based on project design components and the small footprint of disturbance for pole installation, the Proposed Action would not jeopardize the viability of any plant population as a result of the proliferation of non-native, invasive species. The project would have no significant adverse effects on habitat condition, utility, or function or on species abundance and distribution at a landscape scale. Public Land Health Standard 4 would continue to be met. 37 Plants: Sensitive, Threatened, and Endangered Affected Environment Plant surveys and habitat evaluations were completed for the entire project area, during the blooming season for each species, including both Alternatives A and B. The project area was also evaluated for presence of rare or exemplary plant communities as defined in the Glenwood Springs Resource Area Oil and Gas Leasing Final EIS (BLM, 1999). Survey results for each plant species are detailed in Table 13. Habitat for one Federally threatened plant species, the Colorado hookless cactus, was observed in the project area. No individual plants or populations of this species were found during the surveys. Habitat for three BLM sensitive species was observed during survey, and populations of one BLM sensitive species and one BLM sensitive plant community was documented. Extensive populations of Harrington's beardtongue (about 7 miles of the survey corridor) and a small population of the cottonwood-skunkbush sumac woodland were documented during surveys in June 2013. Harrington's beardtongue is a perennial vascular plant found primarily in dry, sagebrush -dominated communities between about 6,100 and 9,400 feet in elevation in northwest Colorado. The project area falls within one of three known populations for this species, the Rifle-Rulison population area. Other population areas for this species occur in Eagle County and in the Roaring Fork area in Pitkin County. NatureServe and the Colorado Natural Heritage Program both rank this species as vulnerable (G3 and S3). The species is on the BLM Colorado State Sensitive Species List. It is not listed as threatened or endangered under the Federal Endangered Species Act, nor is it currently a candidate for listing (FWS 2013). Table 13. Sensitive Plant Species and Significant Plant Communities within the Project Area. Species Status Habitat Potential Habitat in Project Area DeBeque phacelia (Phacelia submutica) Threatened Sparsely vegetated clay slopes of the Wasatch Formation No Colorado hookless Cactus (Sclerocactus glaucus) Threatened Desert scrub and greasewood flats, sometimes including pinyon - juniper woodlands and sagebrush shrublands Yes (about 0.83 miles within corridors); species not observed Ute ladies' -tresses (Spiranthes diluvialis) Threatened River floodplains, alluvial stream banks, wetlands and riparian areas — all areas must be relatively open and where species does not have to compete for space and light (NatureServe 2012) No Parachute beardtongue (Penstemon debilis) Threatened Shale outcrops of the Green River Formation No DeBeque milkvetch (Astragalus debequaeus) BLM sensitive Barren outcrops of dark clay interspersed with lenses of sandstone. at 5,100 to 6,400 feet elevation Yes (about 0.42 miles within corridors); species not observed Naturita milkvetch BLM sensitive Open pinyon -juniper woodlands Yes (about 0.36 miles 38 Species Status Habitat Potential Habitat in Project Area (Astragalus naturitensis) 0.00 with sandstone shelves within corridors); species not observed Harrington's beardtongue (Penstemon harringtonii) BLM sensitive Sagebrush shrublands sometimes interspersed with Gambel oak and pinyon -juniper woodlands with open canopy at 6,100 to 9,400 feet elevation Yes (populations documented 6.74 miles within corridors) Juniper -Mountain Mahogany Significant plant community Hillslopes and crests No Cottonwood- Skunkbush sumac woodland Significant plant community Riparian areas Yes (populations documented, about 0.007 miles within corridors) Source: FWS 2013 Environmental Effects No Action Alternative There would be no effects to rare plants or communities from the No Action alternative. Effects Common to Action Alternatives Both alternatives would have similar effects to rare plants (Table 14). Potential habitat occurs within the pole disturbance footprint for both alternatives (about 0.17 acres total potential habitat for both Colorado hookless cactus and Naturita milkvetch). Both action alternatives would disturb about 0.15 acre of potential Colorado hookless cactus habitat. However, the proposed project would have no effect on Colorado hookless cactus because none were observed in the project area during intensive field survey and the quality of habitat is marginal. Significant plant communities likely can be avoided by pole disturbance. About 0.20 acre of surface impacts to Harrington's beardtongue occupied habitat would occur in areas common to both action alternatives. Other impacts would result from trampling, general overland travel, placement of equipment and poles within the ROW, and indirect impacts from the spread of noxious weeds. Based on average plant densities found during surveys, up to 2,000 individual plants could be affected by surface clearing for pole placement activities common to both action alternatives, if avoidance and minimization measures were not implemented. Impacts to Harrington's beardtongue under either action alternative would not threaten the viability of the species, cause the species to be jeopardized, or result in a trend toward Federal listing. With avoidance measures, it is anticipated that less than 500 plants would be affected. Approximately 80 acres of Harrington's beardtongue were found within the project survey area, so this species is fairly common in the region. Table 14. Potential Impact to Sensitive Species and Communities from Pole Footprints. Species/Plant Community Alternative A (acres) Alternative B (acres) Common to both Action Alternatives (acres) Colorado hookless cactus 0.00 0.00 0.15 39 Species/Plant Community Alternative A (acres) Alternative B (acres) Common to both Action Alternatives (acres) DeBeque milkvetch 0.05 0.02 0.00 Naturita milkvetch 0.03 0.03 0.02 Harrington's beardtongue 0.15 (about 1,500 plants) 0.44 (about 4,400 plants) 0.20 (about 2,000 plants) Juniper -mountain mahogany 0.00 0.00 0.00 Cottonwood- skunkbush sumac woodland 0.00 0.00 0.00 Alternative A (Proposed Action) Based on preliminary alignments, Alternative A would have about 0.08 acre of impact to potential DeBeque and Naturita milkvetch habitat, and about 0.15 acre of impact to known Harrington's beardtongue populations. However, it is likely that the impact footprint could be reduced by adjusting pole placement to avoid and minimize impacts to Harrington's beardtongue (see Mitigation section). Based on average plant densities found during surveys, up to 1,500 individual plants could be affected by surface clearing unique to Alternative A, if avoidance and minimization measures were not implemented. This would be in addition to the potential disturbance of approximately 2,000 plants common to both alternatives. With avoidance measures, it is anticipated that less than 500 plants would be affected in the portion of the alignment unique to Alternative A. Alternative B Alternative B would have about 0.05 acre of impact to potential DeBeque and Naturita milkvetch habitat, and about 0.44 acre of impact to known Harrington's beardtongue populations. Based on average plant densities found during surveys, up to 4,400 individual plants could be affected by surface clearing unique to Alternative B, if avoidance and minimization measures were not implemented. This would be in addition to the potential disturbance of approximately 2,000 plants common to both alternatives. With avoidance measures, it is anticipated that less than 1,000 plants would be affected in the portion of the alignment unique to Alternative B. Mitigation Placement of poles within potential or known habitat for sensitive species or communities would be avoided to the extent feasible, as described in the Design Features section of the Actions and Facilities Common to Alternatives A and B Section (see discussions starting on page 7). A biological monitor would be present during all construction activities in occupied Harrington's beardtongue habitat to minimize impacts to this species and its habitat. Thus, actual impacts to sensitive plant species and communities are likely to be less then preliminary estimates. Analysis on Public Land Health Standard 4 for Plant and Animal Communities (partial, see also Vegetation; Wildlife, Aquatic; and Wildlife, Terrestrial). The Proposed Action would not jeopardize the viability of any population of special status plant species due to habitat loss, modification, fragmentation, or indirect effects. The project would 40 have no significant consequence on habitat condition, utility, or function or any discernible effect on species abundance or distribution at a landscape scale. Public Land Health Standard 4 would continue to be met. Plants: Vegetation, Wetlands and Riparian Zones Affected Environment The proposed project area generally consists of rolling hills covered with Utah juniper (Juniperus osteosperma) and pinyon pine (Pinus edulis) bisected by intermittent to perennial streams (Figure 2). Mixed shrublands are also common throughout the project area. The far western portion of the project area crosses the floodplain of the Colorado River. Vegetation communities are described in the sections below, with acreages provided in Table 15. Disturbed areas are common throughout the project area, and include roads, pipeline corridors, industrial and residential areas, and oil and gas pads and other operations. Plant communities Pinyon -Juniper Woodlands Pinyon -Juniper woodlands are common throughout the project area. Juniper is the most common tree with pinyon pine occurring either as a co -dominant or a few individuals scattered in the community. In some areas, dense stands of juniper cover rocky hillslopes with a sparse understory of grass patches. In other areas, shrubs such as Basin and Wyoming sagebrush (Artemisia tridentata tritentata and A. tridentata wyomingensis), mountain mahogany (Cercocarpus montanus), and serviceberry (Amelanchier sp.) form a dense shrub layer. Open woodlands of juniper occur on rocky, exposed hillsides. Sagebrush Shrublands Sagebrush shrublands commonly occur within the project area ranging from sagebrush flats at the foot of the mesas (elevation about 5,400 feet) to mixed mountain shrublands on the higher mesas (about 7,800 feet on Flattop Mesa). Sagebrush shrublands also occur underneath existing power lines. Sagebrush flats dominated by Wyoming sagebrush with Basin sagebrush occur on relatively level areas such as mesa tops and skirting the bottom of the mesas. These sagebrush flats are typically heavily grazed and the understory is generally dominated by weeds such as cheatgrass (Bromus tectorum) and hornhead (Ceratocephala orthoceras). 41 Figure 2. Vegetation Communities Tr• i i•n i •rri••r t• .It =r •tiv. It- -n.tiv- A Corridor Transmission Line Corridor Common to Alternative A and B Alternative A Corridor Alternative B Corridor Alternative B Corridor Transmission Line Corridor Common to Alternative A and B Xcel Rifle to Parachute Transmission Line DS -Desert Shrubland MI D - Disturbed GF - Greasswood Flats MG - Mlxed Grassland MS - Mixed Shrubland OW - Open Water PJ - Pinyon -Juniper Woodland R - Riparian SS - Sagebrush Shrubland n Survey Area 3,000 6,000 f lienci for: !a. Erng} 111:. 51aS •;cgrirrin LA.rm CO) hbmarr `=,!111,1 42 Mixed Mountain Shrublands At the higher elevations, mixed mountain shrublands dominated by mountain big sagebrush (Artemisia tridentanta var. pauc flora) and Gambel oak (Quercus gambelii) cover the slope. Other shrubs such as antelope bitterbrush (Purshia tridentata) , snowberry (Symphoricarpus oreophilus), and serviceberry occur in patches with Gambel oak and Wyoming sagebrush. Scattered junipers often occur with mixed mountain shrublands, with a variety of forbs, grasses, and cacti forming the understory. The mixed mountain shrublands on the higher elevation mesa tops (above 6,200 feet) is known and potential habitat for the BLM sensitive species Harrington penstemon. This species occurs within the sagebrush areas on top of Flatiron Mesa and other locations within the project area. Greasewood flats Greasewood (Sarcobatus vermiculatus) shrubs dominate the relatively flat upper terraces along the Colorado River. Another shrub, Basin sagebrush, is also common. The understory is relatively sparse dominated by cheatgrass and bulbous bluegrass (Poa bulbosa) with other more vegetated areas covered by various wheatgrasses. Mixed Grasslands Grasslands dominated by mostly introduced grasses occur on formerly disturbed lands or agricultural lands throughout the project area. Introduced pasture grasses are typical, and include crested wheatgrass (Agropyrum cristatum) and smooth brome (Bromus inermis). Numerous weedy species such as cheatgrass are common. Some native species also occur, in the less disturbed areas. Herbaceous Riparian -Wetland Cattail (Typha latifolia) wetlands occur in and along edges of small ponds within the project area. Other herbaceous riparian communities include rush (Juncus sp.) and sedge (Carex sp.) dominated wetlands within drainages. Shrubby Riparian -Wetland Shrubby riparian areas occur along narrow swales in the bottom of steep gullies and shallower drainage valleys. A wide variety of shrubs form patches around small streams ranging from the dense shrub layer of sandbar willows (Salix exigua) to more open patches areas where sandbar willows are mixed with more mesic and upland species such as greasewood and red osier dogwood (Cornus sericea). Near the Town of Parachute, the noxious weed salt cedar (Tamarix ramossissima) dominates the drainages with a scattering of cottonwoods (Populus sp.). Riparian Woodland Riparian woodlands with an overstory of cottonwoods, river birch (Betula occidentalis) and other trees occur along larger streams and the Colorado River within the project area. Dense patches of red -osier dogwood, willow and other riparian shrubs dominate the streambanks and occasionally adjacent hillsides. A relatively uncommon community of mature Rio Grande cottonwoods (Populus deltoides subsp. wislizenii) occurs on the outer edge of the Colorado River floodplain. 43 Table 15. Plant Communities within the Project Corridor. Vegetation Type Alternative A (acres in 150 -ft Corridor) Alternative B (acres in 150 -ft Corridor) Common to both A&B (acres in 150 -ft Corridor) Disturbed 0.68 4.76 3.88 Greasewood flats 0.00 0.00 15.75 Mixed grassland 28.15 16.63 1.09 Mixed shrubland 72.40 32.19 103.55 Open water 0.00 0.00 0.79 Pinyon Juniper woodland 79.50 119.66 24.05 Sagebrush shrubland 9.01 28.70 17.82 Wetlands and Riparian Areas Riparian 3.40 2.90 13.19 Wetland 0.34 0.34 1.74 Wetland and Waters 0.02 0.06 0.24 Waters of the U.S. 0.20 0.09 2.89 Ditches 0.00 0.02 0.00 Environmental Effects No Action Alternative Under the No Action alternative no new surface disturbance would occur, therefore there would be no impacts to vegetation communities. Effects Common to Action Alternatives Vegetation communities would be affected by surface clearing activities necessary to place to pole structures, by vegetation trimming to maintain the required "clear zone" between the line and woody vegetation under it, and by potential spread of noxious weeds from surface disturbing activities. Direct impacts from vegetation clearing and grubbing is shown in Table 16 below. For portions of the line common to both alternatives, about 1.05 acres of vegetation clearing would be required, primarily in mixed shrubland communities. Trimming of woody vegetation for line clearance purposes would be very limited. Most of the vegetation communities do not have tall trees that would interfere with the line. Some tree trimming or clearing may be required in riparian corridors where cottonwood, elm, and other trees are taller. Juniper and pinyon trees within the powerline corridor are not tall enough to interfere with the line and would not require trimming under most circumstances. All temporary staging areas are in existing disturbed areas on private lands. Staging areas will total approximately 10 to 15 acres in existing disturbance. No vegetation clearing will be associated with the staging areas. 44 Table 16. Surface Disturbance to Vegetation Communities from Pole Placement. Vegetation Type Alternative A (acres) Alternative B (acres) Common to both A&B (acres) Disturbed 0.00 0.04 0.04 Greasewood flats 0.00 0.00 0.12 Mixed grassland 0.26 0.14 0.00 Mixed shrubland 0.43 0.32 0.51 Open water 0.00 0.00 0.00 Pinyon -Juniper woodland 0.47 1.10 0.16 Sagebrush shrubland 0.08 0.26 0.12 Wetlands and Riparian Areas Riparian 0.02 0.06 0.07 Wetland 0.00 0.02 0.01 Wetland and Waters 0.00 0.00 0.00 Waters of the U.S. 0.00 0.002 0.02 Ditches 0.00 0.00 0.00 Alternative A (Proposed Action) Alternative A would have slightly less surface disturbance because it is slightly shorter than Alternative B. There would be about 1.26 acres of disturbance within the powerline corridor unique to Alternative A, and 2.31 acres of disturbance total for this alternative. Alternative A would have slightly more disturbance to mixed shrubland and mixed grassland communities than Alternative B but less disturbance to other vegetation types (see Table 16). Alternative B Alternative B is slightly longer than Alternative A, and therefore would have slightly more surface disturbance. There would be about 1.94 acres of disturbance within the powerline corridor unique to Alternative B, and 2.99 acres of disturbance total for this alternative. Alternative B would have slightly more disturbance to pinyon -juniper woodlands, sagebrush shrublands, and riparian/wetland communities than Alternative A (see Table 16). Mitigation Pole placement is flexible in most cases, and it is likely that poles can be situated to avoid most sensitive vegetation communities such as riparian areas and wetlands. PSCo would apply for a Section 404 permit from the U.S. Army Corps of Engineers prior to construction if impacts to wetlands are unavoidable. An exception to this is the Colorado River, which has a broad floodplain and riparian zone within the project area and likely cannot be completely avoided. As described in the Reclamation section (in project description beginning on page 7), all surface disturbances would be seeded with a mixture of native grasses adapted to the site to help prevent the invasion of noxious weeds and to reestablish native, perennial vegetation on the site. Any noxious weeds that become established in the project area would also be controlled by the applicant. The seed mixes are presented inError! Reference source not found., Table 3, and Table 4. 45 Analysis on Public Land Health Standard 3 for Plant and Animal Communities (partial, see also Aquatic and Terrestrial Wildlife) This area was meeting the standard, although problems were noted with the establishment of invasive non-native plants, predominantly in disturbed areas, with a corresponding loss of other functional groups such as native perennial grasses and forbs. Surface disturbance associated with the Proposed Action increase the spread and extent of invasive weeds; however disturbance footprints would be minimal and required only for pole installation. Design features for reclamation and control of noxious weeds are included in the project description. If reclamation and weed control are successfully implemented, the Proposed Action would not contribute to the failure of the area to meet Standard 3. As noted previously, all temporary staging areas are in existing disturbed areas on private lands. Staging areas will total approximately 10 to 15 acres in existing disturbance. No vegetation clearing will be associated with the staging areas. Recreation Affected Environment There are no BLM Special Recreation Management Areas in the project area. The proposed action occurs within the lands that are part of the Glenwood Springs Extensive Recreation Management Area (ERMA) where management is for dispersed/undirected recreation activities. The current BLM Resource Management Plan (RMP) does not have any specific, measurable or targeted recreation management objectives for ERMAs. However, the RMP provides a general overview of appropriate experience and activity opportunities that occur by adopted Recreation Opportunity Spectrum (ROS) class. The RMP direction is to generally maintain a roaded-natural setting for the physical, social and administrative setting characteristics for a variety of experience and activity opportunities. Current uses within the project area include; motorized and mechanized activities, hiking, hunting, and horseback riding. Most visitors are those who want a "close -to -home" place to exercise and recreate. Environmental Effects No Action Alternative There would be no impact to recreation access, activities, or opportunities within the Glenwood Springs ERMA under the No Action alternative. Effects Common to Action Alternatives Neither of the action alternatives would change the variety of recreation experiences or targeted activity opportunities that occur or that are appropriate on public lands within the Glenwood Springs ERMA. The proposed actions could result in a short-term shift in visitor use patterns during construction activities. Impacts to visitors within the project area would be minor depending on timing of implementation. Access to BLM lands would remain open throughout and following construction. Implementation of mitigation measures and the expected short duration and timing of construction would minimize disturbance to the visitor experience. Human health and safety concerns would also be addressed during construction and through implementation of mitigation measures. 46 Alternative A (Proposed Action) and Alternative B Because of the dispersed nature of recreation activities in the project area, there would be no substantial difference in impacts between Alternatives A and B. Mitigation In order to minimize impacts to visitors "Public Notices" would be posted at all main access and entry areas prior to construction. Notices would include when the project is occurring (starting and end date), why the project is being done, who is doing it, a map of where the work is occurring, and what exactly is being done. Construction work near popular hunting locations on public land would be limited to the extent possible during the fall (late September to mid December) to minimize impact to recreational hunting. Socio -Economics Affected Environment The proposed transmission line is located in Garfield County Colorado. Oil and gas exploration and production, ranching, agriculture, construction, tourism, and recreational activities are the main economic activities. Rifle and Parachute are the closest communities near the project. Rifle has a population of 9,200 and Parachute a population of about 1,100 in 2010 (Census 2010). Other towns in the county include Glenwood Springs, Silt, and Carbondale. According to the 2010 Census, 18,334 people were employed in "nonfarm" jobs in Garfield County. The average yearly household income in Garfield County was $63,929 (2007 to 2011). For Colorado, the average yearly household income was $57,685 from 2007 to 2011 (Census 2010). The average annual income in the construction sector for Garfield County is about $49,000 (Colorado LMI Gateway 2013). Environmental Effects No Action Alternative: Under the No Action Alternative, $28 million would not be spent on labor, supplies, and materials. Because the load -serving capacity of the existing Rifle -Parachute -Cameo transmission system is near capacity, there would not be enough power to support anticipated oil and gas development and other regional economic activity if a new transmission line is not constructed. Oil and gas development could be curtailed or would need to rely on other fuel sources that may have greater impacts on air quality. In the absence of the project, retail service agreements and economic growth in the region could be affected. Effects Common to Action Alternatives Implementation of the action alternatives would result in $28 million in construction -related spending. Construction expenditures would include $8.7 million for labor and the remainder on, supplies, equipment, and other services. The anticipated workforce during construction would range from about 20 to 40 workers depending on the phase of construction over the 9 to 12 month anticipated construction period and is expected average about 30 workers over the course of the project. Labor would likely come from regional communities and other surrounding Colorado counties. A small number of short-term jobs might be created during construction. Construction -related spending also would generate secondary benefits from local spending. No 47 long-term jobs would be created by the project, although PSCo staff or contractors would conduct maintenance operations over the life of the facilities. The regional economy and oil and gas industry would benefit from the additional electrical capacity and reliability to support oil and gas operations and other regional economic activity. The project would meet the anticipated power demands in the region and provide a reliable second source of power (redundancy) into central Garfield County communities, including the towns of Rifle and Parachute. The project would provide uninterrupted electrical service to the Mesa and Garfield County area. The BLM and all private land owners granting easements for the transmission line would be compensated by PSCo for use of their property. Implementation of the project would not require construction of new roads or impact access or use of public lands and recreational opportunities that contribute to the regional economy. However, short-term construction activities could shift recreation use in some locations. The addition of a second transmission line in the same corridor across the Colorado River and related visual effects would not measurably impact commercial rafting. Alternative A (Proposed Action) About 1.4 miles of new transmission line would be constructed across private lands where no existing transmission line is nearby. The addition of a new line would have a negligible effect on property values and land use. Alternative B Under Alternative B about 5.7 miles of new transmission line would be located on private land where no transmission line is currently present. Impacts on property values and land use would be slightly greater than Alternative A, but are still expected to be minor. Mitigation Private landowners and the BLM would be compensated for use of lands for the transmission line. All temporary disturbances would be reclaimed following construction in accordance with written easement agreements. Soils Affected Environment Soils in the project area support a variety of native vegetation communities and rangelands that provide forage for livestock grazing and wildlife. Previous soil disturbances in the project area include road construction, oil and gas well pad and pipelines, existing transmission lines, agricultural activities, and other land use development. Soil productivity varies depending on soil depth, texture, moisture holding capacity, depth to rock, slope, topographic aspect, precipitation, and land use. The project area is composed of seven primary soil types: Ildefonso stony loam; Morval-Tridell complex; Potts loam; Potts-Ildefonso complex; Torriorthents- Camborthids-Rock outcrop complex; Torriorthents-Rock outcrop complex; and Vale silt loam. Soil textures are mostly loams, clay loams, and silt loam. On steeper rocky slopes, sandy loams are more common. Ildefonso and Tridell soils have a high stone content. Most soils are well drained with moderate available water capacity except when rock content is high. Depth to bedrock is over 80 inches, except for the Torriorthents, Camborthids, and Rock outcrop map 48 units, where restrictive bedrock is less than 18 inches. Calcium carbonite content ranges from 5 to 35 percent. Construction of shallow excavations is rated as very limited in soils with a high rock content: Ildefonso, Torriorthents, Camborthids, and Rock outcrop map units. Organic content in the surface horizon is about 3 percent for Vale silt loams, 0.75 percent for Torriorthents, Camborthids, and Rock outcrop map units, and 1.5 percent for other map units. Soil characteristics are listed in Table 17. Table 17. Soil Types within the Project Area. Soil Unit Number Soil Unit Name Drainage Class Parent Material Hazard of Water Erosion 33 Ildefonso stony loam, 6 to 25 percent slopes Well drained Mixed alluvium derived from basalt Moderately high to high 45 Morvall-Tridell complex, 6 to 25 percent slope Well drained Reworked alluvium derived from sandstone or basalt Moderately high 56 Potts loam, 6 to 12 percent slopes Well drained Alluvium derived from basalt, sandstone, or shale Moderately high 58 Potts-Ildefonso complex, 12 to 25 percent slopes Well drained Alluvium derived from basalt, sandstone, or shale Moderately high to high 66 Torriorthents- Camborthids-Rock outcrop complex, steep Well drained to ve low (rock) Stony, basaltic alluvium derived from sandstone and shale; Very low (rock) to moderately high 67 Torriorthents-Rock outcrop complex, steep Well drained to low (rock) Stony, basaltic alluvium derived from sandstone and shale Very low to moderately high 68 Vale silt loam, 3 to 6 percent slopes Well drained Calcareous eolian deposits Moderately high Source: NRCS 2013 Depending on the alignment, between 13 to 27 acres within the proposed transmission line ROW has the potential to intersect with BLM lands currently designated as 'no surface occupancy' to protect soil on steep slopes greater than 50 percent. These areas should be avoided for pole placement and other infrastructure construction to the extent feasible. Approximately 170 to 270 acres have the potential to intersect with BLM lands currently designated as `controlled surface use' for erosive soils and slopes greater than 30 percent. These areas should be avoided for construction infrastructure and staging of equipment, where feasible, to avoid potential soil loss. Environmental Effects No Action Alternative Under the No Action alternative there would be no construction activity or surface disturbance and therefore, there would be no impact to soils. 49 Effects Common to Action Alternatives Construction activities have the potential for erosion and soil compaction as a result of vegetation removal, excavation, vehicle travel, and other construction disturbances. Planned use of existing roads would minimize soil disturbance and the potential for soil loss. Ground disturbance would be limited primarily to areas of pole placement and possible soil compaction from any off-road vehicle travel and activities at pull sites. Pole installation by helicopters would have minimal soil disturbance. New surface disturbance from the project would be very limited (about 2.31 acres for Alternative A and about 2.99 acres for Alternative B). Soil disturbance for each structure would be limited to an area about 20 feet by 40 feet (about 0.02 acre). Where no vehicle access is available, disturbance would be much less (about 10 feet by 10 feet per pole, or 0.005 acre). Soil impacts and erosion from installation of pole structures would have a short-term minor impact on soil resources, with minimal potential for impacting soil stability and long-term productivity. Shallow depth to bedrock may affect construction methods for pole placement in some locations. Limited exposure of caliche layers is anticipated because of small areas of disturbance for pole installation. Implementation of best management erosion control and revegetation measures would minimize soil impacts. Revegetation success for disturbed areas would depend on site specific soil conditions, slope, and aspect. Ildefonso soils would be more difficult to revegetate because of the low water holding capacity of the stony soils and low organic matter content. Torriorthents and Camborthids would also be more difficult to revegetate because of the shallow soil depth, low water holding capacity, and very low organic matter content. Revegetation of soil disturbed by compaction from off-road vehicle travel would be minor and localized. No work would be conducted when soils are excessively wet to minimize compaction, rutting, and impacts to vegetation cover. Construction staging areas would be located in previous areas of disturbance and erosion control measures would be implemented at these sites to minimize off-site sediment transport. Staging areas would be reclaimed and revegetated following construction. Clearing woody vegetation around pole structures would result in result in minor short-term disturbance to soil resources. However root structures would remain intact soil stability would not be adversely impacted. Very limited tree clearing is anticipated under the transmission line because most of the woody vegetation is below the required safety clearance height, thus soil disturbance for tree removal would be negligible. Alternative A (Proposed Action) Preliminary pole placement indicates one pole would be located on a slope greater than 50 percent with high erosion potential and a BLM designation of no surface occupancy. In addition, 11 poles are preliminarily located on lands with greater than 30 percent slopes that are designated by the BLM for controlled surface use. It is anticipated that many of these poles can be relocated to avoid these steeper slopes during final design. However, where avoidance is not feasible helicopters would be used to place poles and minimize surface disturbance and measures would be taken to minimize soil disturbance, implement erosion control measures, and revegetate disturbed areas. No staging areas would be located on slopes greater than 30 percent. If pole placement in areas of no surface occupancy or controlled surface use are unavoidable, exceptions on surface occupancy would be granted with implementation of protective measures to minimize surface erosion and maintain slope stability. 50 Alternative B The Alternative B transmission line route has seven poles preliminarily located on BLM lands designated for no surface occupancy on slopes greater than 50 percent and 22 poles located on BLM lands designated as controlled surface use, where slopes are over 30 percent. The number of poles located on these steep erodible slopes can probably be reduced during final design, but complete avoidance is unlikely because of the spacing required for pole siting. As with the Proposed Action, helicopter pole placement and erosion control measures would be implemented where pole placement on steep slopes is unavoidable. No staging areas would be located on slopes greater than 30 percent. If pole placement in areas of no surface occupancy or controlled surface use are unavoidable, exceptions on surface occupancy would be granted with implementation of protective measures to minimize surface erosion and maintain slope stability. Mitigation Impacts to soil resources would be sufficiently mitigated by reseeding as described in the Reclamation section. Erosion risk would be managed by implementation of the Stormwater Management Plan. Analysis on Public Land Health Standard 1 for Upland Soils The 2009 Divide Creek LHA determined that all areas affected by the project were meeting Standard 1 for Upland Soils. The 2005 Rifle -West Watershed LHA determined that all areas affected by the project are meeting Standard 1 for Upland Soils. The Proposed Action would not prevent Standard 1 from being achieved. Design Features for reclamation, described previously, protect project area soils and ensure that Standard 1 would continue to be met. Visual Resources Affected Environment Visual resources include the natural and human modified landscape. The scenic and visual quality of the landscape is influenced by vegetation, slope, topography, rock outcrops, water bodies, man-made structures or landscape modifications. The existing visual quality of the project area is influenced by the presence of roads, oil and gas development, existing transmission lines, the I-70 corridor, and development near Parachute and Rifle. Key observation points with a potential view of the transmission line include I-70, scattered residential development, and County and BLM roads. BLM uses a Visual Resource Management (VRM) system to objectively and systematically evaluate scenic values and appropriate levels of management. The proposed project area is located in an area with VRM Classes II, III and IV. The objective of Class II is to retain the existing character of the landscape. The level of change to the landscape should be low. Management activities may be seen but should not attract the attention of the casual observer. Any changes to the landscape must repeat the basic elements of form, line, color, and texture found in the predominant natural features of the characteristic landscape. The objective of Class III is to partially retain the existing character of the landscape. The level of change to the characteristic landscape should be moderate. Management activities may attract attention but should not dominate the view of the casual observer. The objective of Class IV is to provide for management activities that require major modifications to the existing character of the landscape. 51 The level of change to the landscape can be high. The management activities may dominate the view and may be the major focus of viewer attention. However, every attempt should be made to minimize the impact of these activities through careful location, minimal disturbance, and repetition of the basic visual elements of form, line, color, and texture. BLM no surface occupancy restrictions include slopes over 30 percent with high visual sensitivity in the I-70 viewshed. Lands with high visual sensitivity are those lands within 5 miles of the interstate, of moderate to high visual exposure, where details of vegetation and landform are readily discernible, and changes in visual contrast can be easily noticed by the casual observer on the interstate. Exceptions on surface occupancy would be granted if protective measures to maintain the overall landscape character accomplish VRM Class II objectives. Federal lease terms regarding visual concerns and VRM objectives are not applicable on private lands. Environmental Effects No Action: The No Action alternative would maintain the existing landscape character and would have no impact on the three VRM Class objectives. Effects Common to Action Alternatives Both of the action alternatives would introduce an additional visual component to the landscape from installation of new steel H -frame structures and transmission lines. Tree clearing would occur primarily around structures for safety and access. Because minimal vegetation clearing would be needed under the transmission lines, no linear corridor of vegetation clearing would occur and changes to the landscape would primarily be the additions of the pole structures and electrical conduit. The height and distance between structures would vary with the terrain. Structure height would range from 75 to 120 feet above the ground with the span between structures varying between 600 and 1,300 feet. Use of weathering steel for the structures is less reflective and reduces visibility. Material staging areas would have a temporary visual impact to the landscape during construction. Disturbed sites would be reclaimed and revegetated following construction with negligible long-term visual impact. A viewshed analysis was conducted from multiple locations on along I-70, County Road 301, and County Road 320 to evaluate the visibility of a new transmission line from different perspectives (Figures 3, 4, and 5). The viewshed analysis examined the potential visibility of 130 -foot tall transmission line poles from different observation points. Visibility of the poles would be a function of distance from the observer, foreground and background vegetation, contrast with the horizon, and other factors. As noted in Figure 3, the transmission line route common to Alternatives A and B would be visible from I-70 north of Parachute; however, changes to the visual setting would be minor since the route would parallel the existing 230 kV transmission line. A small portion of the common transmission line route would also be visible south of Rifle. Changes in visual quality near Rifle also would be minimal because the line would follow the route of the existing 345 kV transmission line and there are few residential or other observation points south of the Rifle substation. Portions of the common transmission line alignment would also be visible from County Roads 301 and 320 as shown in Figure 4 and Figure 5. 52 Alternative A (Proposed Action) To minimize visual impacts and maintain visual landscape character, the route for the Alternative A transmission line was located parallel to the existing 345 kV transmission line corridor and the existing 230 kV transmission line route for all but about 2 miles. Thus, Alternative A follows existing transmission line corridors for about 90 percent of the alignment to minimize changes to the visual landscape. Portions of the transmission line would be visible from I-70 north of Parachute where the new line would parallel an existing 230 -kV transmission line (Figure 3) and from County Road 301 (Figure 4). The transmission line would have limited visibility from County Road 320 for most of the western portion of the alignment (Figure 5). Alternative A, including the portion of the route in common with Alternative B, includes about 137 acres of land in VRM Class II and 237 acres in Class IV (Table 18). Approximately 128 acres of the transmission line route are located in VRM Class II lands designated with no surface occupancy. All but 16.1 acres of the transmission line route located on BLM land designated as no surface occupancy, parallel existing transmission lines. Because the proposed new structures and line would be shorter than existing facilities, visual changes to the landscape would be minimized. The 2 miles of transmission line that creates a new corridor is located in a rural area with scattered oil and gas production and is split between VRM Class II and IV. The transmission line would be visible from several county and BLM roads and scattered rural residencies, but the visual character of the landscape would not change substantially from existing conditions where the transmission line follows existing lines. Limited vegetation clearing, revegetation of temporary disturbances, avoidance of new road construction, and use of weathered steel poles would contribute to minimizing impacts to the visual character of the landscape and maintaining VRM Class objectives. Because vegetation clearing would be limited primarily to pole placement, there would be no long straight lines created by clearing vegetation under the electrical conduit. Table 18. Visual Resource Management Classes by Alternative. VRM Class Alternative A Proposed Action Alternative B Common to both A and B (Acres in 150 -foot ROW) II 106 79 31 III 0 91 IV 88 35 149 Alternative B The Alternative B transmission line ROW, including the route shared with Alternative A would be located within 110 acres of VRM Class II, 91 acres of Class III, and 184 acres of Class IV (Table 18). Approximately 93 acres of the transmission line route are located in VRM Class II lands designated with no surface occupancy, but all of these sections are located parallel to existing transmission lines. The transmission line route for Alternative B would parallel portions of the existing 345 kV and 230 kV transmission line routes, but includes about 9.8 miles of new route that does follow an existing transmission line corridor. The portion of the new 53 transmission line route outside of existing corridors is primarily VRM Class III lands south of Rifle and Class II lands east of Parachute. Visibility of a new transmission line south of Rifle would be limited (Figures 3, 4, and 5), while portions of the new alignment would be visible from I-70 and County Road 301. The transmission line route under Alternative B would have a greater visual impact than Alternative A because of the greater length of line located outside the corridor of existing lines. As with Alternative A, the transmission line would be visible from several county and BLM roads and scattered rural residencies. The same mitigation measures applied for Alternative A would also minimize impacts to the visual character of the landscape and maintain VRM Class objectives under Alternative B. Mitigation In order to maintain a natural looking landscape and comply with VRM Class II, III, and IV objectives, the following design features would be incorporated: • Weathered steel structures would be used to reduce reflectivity and visibility. • Thinning and feathering of adjacent vegetation would be incorporated when trimming vegetation adjacent to the transmission line. Proposed vegetation clearing would be minimal (maximum of 20 feet by 40 feet per pole structure). PSCo would coordinate with BLM to identify the location and extent of any vegetation clearing used to blend vegetation and maintain the natural lines of vegetation borders. • Temporary disturbances would be reclaimed following construction. 54 Figure 3. Viewshed Analysis from Interstate 70 Xcel Rifle to Parachute Transmission Line �—I Tranmission Line Pole (130 ft) Not Visible From Observation Point Observation Point Tranmission Line Pole (130 ft) Visible From Observation Point Highway — — Alternative A - Proposed Action • • ■ Alternative B — Existing Transmission Corridor o 2 4 Mites Prepared for, )(cal Energy File: l-70Viewshedsrnd (WHO February 5, 2914 ERS FRO Rssa..r_es C�ia 55 Figure 4. Viewshed Analysis from County Road 301 Xcel Rifle to Parachute Transmission Line I- I Transmission Line Pole (130 ft) Not Visible From Observation Point Observation Point I-1 Transmission Line Pole (130 ft) Visible From Observation Point CR 301 — — Alternative A - Proposed Action • ■ • Alternative B Existing Transmission Corridor N 0 2 4 A Mrles Prepared for: Vel Energy File: CR307 Viewsheds.rad (Wil) February 5, 2014 ER Lk0 Re.wrcaCur p. 56 Figure 5. Viewshed Analysis from County Road 320 {+ J--7: _I� 1 .9 i a f +-,ti JSP •.-------1 k X2.1 l .1.-17-.1 .. k ` s fy' r Tgr s'r.T _ -, .. ate: - 4.4 XceI Rifle to Parachute Transmission Line Observation Point CR 320 0 2 4 mite. Prepared fa: Aei Energy F R+- Hie CR 320Vierr eds.mrd(AM) February 5, 20T4 tKo K..o,.r- - ccrc: M Transmission Line Pole (130 ft) Not Visible From Observation Point Transmission Line Pole (130 ft) Visible From Observation Point — — Alternative A - Proposed Action - - - Alternative B - Existing Transmission Corridor 57 Wastes, Hazardous or Solid Affected Environment Existing hazardous materials in the project area may occur at oil and gas operations (i.e., storage of natural gas, fuels, produced water, and other potentially hazardous materials), farms or ranch operations (herbicides, pesticides, and fuel), or industrial sites (storage yards and other sites). There are no landfills or other known concentrations of potentially hazardous materials in the project area. Staging areas for fueling equipment have been surveyed for environmental concerns and have been selected on private land to avoid sensitive areas. Project design criteria have been provided to minimize the potential of hazardous material spills and trash from occurring on public lands. Environmental Effects No Action: Under the No Action alternative no impacts to the environment would occur due to potential fuel and lubricant spills or the introduction of solid waste. Effects Common to Action Alternatives Construction activities would require use of vehicles and equipment using fuels, hydraulic fluid, and lubricants. In the event of a spill, there is the potential for contaminants to be transported to soils or surface water, which could negatively impact those resources. In addition, construction related solid waste products may be generated from materials and supplies used for installation of structures and electrical lines. No impacts from hazardous or solid waste are anticipated. PSCo would comply with all applicable federal, state, and local laws and regulations regarding the use, storage, and disposal of any toxic or hazardous material or solid waste. Construction trash and debris would be removed following completion of the project. Alternative A (Proposed Action) and Alternative B Potential impacts associated with use of hazardous material and waste would be similar for both alternatives as described above. Mitigation All equipment on the project would be maintained in a clean and well-functioning state to avoid or minimize contamination from mechanical fluids. All equipment would be checked daily. Fuels and lubricants would be stored in appropriate containers and refueling would occur in designated areas at a minimum of 100 feet from any stream channels. A hazardous spill plan would be in place, stating what actions would be taken in the case of a spill, notification measures, and preventive measures to be implemented, such as the placement of refueling facilities, storage, and handling of hazardous materials. Wildlife: Aquatic / Fisheries Affected Environment Several perennial drainages provide limited aquatic habitat in the project area. The Colorado River is on the western end of the project area. Perennial or intermittent drainages tributary to 58 the Colorado River include West Mamm Creek, Beaver Creek, Porcupine Creek, Cache Creek, Cottonwood Creek, and Battlement Creek. Some occurrences of greenback cutthroat trout have been documented within portions of these tributaries—specifically, Beaver Creek and Cache Creek (NDIS 2013). Environmental Effects No Action Alternative Under the No Action Alternative, there would be no impacts to aquatic/fishery resources. Effects Common to Action Alternatives There would be no poles placed within waterways or other aquatic habitat as part of either Action Alternative. Some indirect impacts could result from erosion created by surface disturbance, as surface disturbance increases the risk of sedimentation into drainages. Sedimentation can impact aquatic habitat and fisheries by altering important foraging and reproductive habitat. It is anticipated that Design Features included in the Proposed Action would prevent sedimentation and avoid all impacts to aquatic resources. Mitigation Pole placement is flexible, and would be altered to avoid aquatic habitat or sensitive areas. Reclamation, including reseeding of disturbed areas, would occur as soon as possible following construction. In addition, the Stormwater Management Plan would prevent erosion/sedimentation effects into area drainages. Analysis on Public Land Health Standard 3 for Plant and Animal Communities (partial, see also Special Status Species; Vegetation; and Wildlife, Terrestrial) Public Land Health Standard 3 is currently being met for the project area. The Proposed Action would potentially have minor indirect impacts to project area aquatic habitat, and would not jeopardize the viability of any aquatic vertebrate species. The project is not anticipated to affect habitat condition, utility, or function or have discernible adverse effects on species abundance or distribution at any landscape scale. Public Land Health Standard 3 would continue to be met, following project implementation. Wildlife: Migratory Birds Affected Environment BLM Instruction Memorandum No. 2008-050 provides guidance toward meeting the BLM responsibilities under the Migratory Bird Treaty Act (MBTA) and the Executive Order (EO) 13186. The guidance directs Field Offices to promote the maintenance and improvement of habitat quantity and quality and to avoid, reduce or mitigate adverse impacts on the habitats of migratory bird species of conservation concern to the extent feasible, and in a manner consistent with regional or statewide bird conservation priorities. The 1988 amendment to the Fish and Wildlife Conservation Act mandates the U.S. Fish and Wildlife Service (USFWS) to "identify species, subspecies, and populations of all migratory nongame birds that, without additional conservation actions, are likely to become candidates for listing under the Endangered Species 59 Act (ESA) of 1973." The "Birds of Conservation Concern" (FWS 2008) is the most recent effort to carry out this directive. Under the MBTA, birds including non -migratory resident birds and true migratory birds (excluding managed game birds, common pigeon (a.k.a. "rock dove"), house sparrow (a.k.a. "English sparrow"), and European starling) are protected. The MBTA prohibits the "take"— including harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct—of protected species. The USFWS interprets "harm" and "kill" to include loss of eggs or nestlings due to abandonment or reduced attentiveness by one or both adults as a result of disturbance by human activity, as well as physical destruction of an occupied nest. The administrative area of the CRVFO including portions of Eagle, Garfield, Pitkin, Routt, Mesa and Rio Blanco counties is within the Southern Rockies/Colorado Plateau Bird Conservation Region (BCR). The 2008 list of Birds of Conservation Concern (BCC) include the following: Table 19. 2008 list of Birds of Conservation Concern. Species (Scientific Name) Habitat Description Potential to Occur in Project Area American bittern (Botaurus lentiginosus) Marshes and wetlands; ground nester. Yes Bald eagle (Haliaeetus leucocephalus) Nests in forested rivers and lakes; winters in upland areas, often with rivers or lakes nearby. Yes Bendire's thrasher (Toxostoma bendirei) Desert, especially areas of tall vegetation, cholla cactus, creosote bush and yucca, and in juniper woodland. No Black rosy -finch (Leucosticte atrata) Breeds in Alpine tundra; winters in fields and man- made structures No Brewer's sparrow (Spizella breweri) Summer resident that primarily breeds in sagebrush - grass stands and shrublands. Yes Brown -capped rosy -finch (Leucosticte australis) Alpine meadows, cliffs, and talus and high elevation parks and valleys. No Burrowing owl (Athene cunicularia) Open grasslands and low shrublands often in association with prairie dog colonies; nests in abandoned burrows created by mammals; short vegetation. No Cassie s finch (Carpodacus cassinii). Open montane coniferous forests. No Chestnut collared longspur Chestnut-collared llareds) (Calcariusareas Open country including mountain meadows, high deserts, valleys, and plains; breeds/ nests in alpine near rock piles and cliffs. No Ferruginous hawk (Buteo regalis) Open, rolling and/or rugged terrain in grasslands and shrubsteppe communities; also grasslands and cultivated fields; nests on cliffs and rocky outcrops. Yes Golden eagle (Aquila chrysaetos) Open country, grasslands, woodlands, and barren areas in hilly or mountainous terrain; nests on rocky outcrops or large trees. Yes 60 Species (Scientific Name) Habitat Description Potential to Occur in Project Area Grace's warbler (Dendroica graciae) Breeds in ponderosa pine forests. No Grasshopper sparrow (Ammodramus savannarum) Open grasslands and cultivated fields. Yes Gray vireo (Vireo vicinior) Open pinyon -juniper woodlands. Yes Gunnison sage grouse (Centrocercus minimus) Sagebrush communities for hiding and thermal cover, food, and nesting; open areas with sagebrush stands for leks; sagebrush-grass-forb mix for nesting; wet meadows for rearing chicks. No Juniper titmouse (Baeolophus ridgwayi) Pinyon -juniper woodlands, especially juniper; nests in tree cavities. Yes Lewis's woodpecker (Melanerpes lewis) Open woodland, often logged or burned, including oak, coniferous forest (often ponderosa), riparian woodland, and orchards, less often in pinyon -juniper. Yes Long -billed curlew (Numenius americanus) Lakes and wetlands and adjacent grassland and shrub communities. Yes Mountain plover (Charadrius montanus) High plain, cultivated fields, desert scrublands, and sagebrush habitats, often in association with heavy grazing, sometimes in association with prairie dog colonies ; short vegetation. Yes Peregrine falcon (Falco peregrines) Open country near cliff habitat, often near water such as rivers, lakes, and marshes; nests on ledges or holes on cliff faces and crags. Yes Pinyon jay (Gymnorhinus cyanocephalus) Pinyon -juniper woodland. Yes Prairie falcon (Falco mexicanus) Open country in mountains, steppe, or prairie; winters in cultivated fields; nests in holes or on ledges on rocky cliffs or embankments. Yes Snowy plover (Charadrius alexandrinus nivosus/tenuirostris) Sparsely vegetated sand flats associated with pickleweed, greasewood, and saltgrass. No Veery (Catharus fuscescens) Dense riparian thickets and hillside brush near streams. Yes Willow flycatcher (Empidonax traillii) Riparian and moist, shrubby areas; winters in shrubby openings with short vegetation. Yes Yellow billed cuckoo (Coccyzus americanus) Riparian, deciduous woodlands with dense undergrowth; nests in tall cottonwood, mature willow riparian, moist thickets, orchards, abandoned pastures. No Source: Kingery 1998. The project area provides both foraging and nesting habitat for a variety of migratory birds that summer, breed, winter, or migrate through the area. The habitat diversity provided by vegetation communities in the project area (see Plants: Vegetation, Wetlands and Riparian Zones section), support many bird species. Species such as the pinyon jay, juniper titmouse, and Lewis's woodpecker are characteristically found in pinyon/juniper woodlands, the most common vegetation type in the project area. 61 Species observed during field surveys included, but were not limited to: mountain bluebird, juniper titmouse, pinyon jay, sage sparrow, sage thrasher, common raven, peregrine falcon, golden eagle, bald eagle, red-tailed hawk, Swainson's hawk, sharp -shinned hawk, American kestrel, turkey vulture, oriole, spotted towhee, rock pigeons, great -horned owl, black -billed magpie, and other sagebrush/pinyon-juniper obligate species. Raptor and passerine nest structures were also observed and documented within the project area. A majority of nests occurred in areas with minimal development or human disturbance. Large expanses of oakbrush, cliffs, transmission -line poles and towers, mature cottonwood trees, and pinyon juniper woodlands were common locations for nests. Many bird species were also observed foraging throughout the project area near water sources such as the Colorado River, Beaver Creek, Cottonwood Creek, Porcupine Creek, Cache Creek, Spruce Creek, and Battlement Creek; and near man-made agricultural water sources such as irrigation ditches or stock ponds. The Colorado River, at the west end of the project area, supports the greatest diversity and abundance of MBTA/BGEPA species and habitat. Eight active nests were documented within 1 mile of the project area during Spring 2013 (golden eagle, great -horned owl, red-tailed hawk, bald eagle (3), osprey (2)). Environmental Effects No Action Alternative Under the No Action Alternative, construction would not take place and there would be no impact to migratory birds. Effects Common to Action Alternatives Potential effects to migratory birds in the project area include temporary construction impacts from noise and human disturbance, permanent loss of foraging/breeding habitat, and permanent hazards from powerlines. Many of the potential adverse impacts are mitigated by the design features and mitigation measures proposed for the project, including clearing and construction outside of the nesting season and "avian friendly" powerline design. Birds that are present during the transmission line construction would likely move to other adjacent woodlands to forage and roost. The overall impact on habitat availability would be negligible. Construction activities would disturb little acreage; therefore, reductions in prey species abundance would be minimal and are not anticipated to adversely affect raptor populations. Disturbance to vegetation communities that provide foraging and breeding habitat from structure footprints is shown in Table 16 and described in the Vegetation section. During summer 2013 surveys, several active and inactive raptor nests, including 3 bald eagle, 2 unknown raptors and 1 red-tailed hawk were observed within the portion of the transmission line corridor common to both alternatives. A great blue heron rookery and foraging area is located at the west end of the project area, along the Colorado River about 1/2 mile south of the proposed transmission line tie- in to the existing Parachute substation. Alternative A (Proposed Action) One golden eagle nest, one bald eagle nest, and one red-tailed hawk nest are located along the portion of the transmission line unique to Alternative A. 62 Alternative B No nests were observed along the portion of the transmission line unique to Alternative B. Alternative B is slightly longer than Alternative A, and therefore would have slightly more overall disturbance to raptors and migratory birds. Mitigation Clearing activities are proposed to occur outside the breeding season for migratory birds. Construction activities near known and active raptor nesting areas would occur outside the breeding season for those raptors. Recommended seasonal and spatial buffer restrictions for activities near active nests, beyond those that have historically occurred in the project area (including driving on nearby roads, normal maintenance activities, etc), are as follows: • Red-tailed hawk: Avoid 0.33 mile around active nests (nesting season is about February 15 to July 15). • Golden eagle: Avoid 0.50 mile around active nests (nesting season is about December 15 to July 15). • Bald eagle: Avoid 0.50 mile around active nests (nesting season is about October 15 to July 31). • Osprey: Avoid 0.25 mile around active nests (nesting season is about April 1 to August 31). Note that many osprey nest in immediate proximity to human disturbance, such as interstate highways, towns, or ballfields. Active osprey nests within intensive human activity areas do not require seasonal avoidance. Direct impacts to raptors include mortality due to electrocutions, collisions and nest construction. Following "Suggested Practices for Avian Protection on Powerlines: State of the Art, 2006" (APLIC 2006) would reduce the likelihood of impacts from the powerline itself. Wildlife: Sensitive, Threatened, and Endangered Affected Environment According to the latest species list from the U. S. Fish and Wildlife Service (FWS 2013), ten federal listed threatened, endangered, and candidate species occur within Garfield County (Table 20). As shown in the table, there are no known populations or suitable habitat for birds or mammals in the project area. Beaver Creek and Cache Creek are known to support populations of the greenback cutthroat trout, a threatened species. The four endangered Colorado River fishes (razorback sucker, bonytail chub, Colorado pikeminnow, and humpback chub) occur within the Colorado River basin downgradient of the project area. Designated Critical Habitat for the razorback sucker and Colorado pikeminnow encompasses the Colorado River, including the 100 -year floodplain, from the State Highway 13 Bridge in Rifle to the Colorado -Utah state line. There are no known populations of the humpback chub and bonytail in the project area, and the closest known habitat is approximately 80 miles downstream from the project area. Table 20. Federal Listed Threatened, Endangered, and Candidate Species with Potential to Occur in Garfield County. Name (Scientific name) Status Habitat Potential Habitat in Project Area Birds Yellow -billed cuckoo Candidate Old growth riparian forests No; Riparian forests along 63 Name (Scientific name) Status Habitat Potential Habitat in Project Area (Coccyzus americanus) with dense understories. Colorado River are open, lacking dense understory. Mexican spotted owl (Strix occidentalis lucida) Threatened Mature montane forests, shady canyons, and steep canyons. No; no suitable canyon habitat. Greater sage -grouse (Centrocercus urophasianus) Candidate Large expanses of sagebrush with a diverse understory. No known populations; historic habitat only. Fish Greenback cutthroat trout (Oncorhynchus clarki stomias) Threatened Gravelly headwater streams or mountain lakes. Beaver and Cache Creek support populations. Razorback sucker (Xyrauchen texanus) Endangered Medium to large rivers with swift, turbulent waters in the Colorado River system Colorado River and floodplain downstream of project area. Bonytail chub (Gila elegans) Endangered Medium to large rivers with swift, turbulent waters in the Colorado River system. Colorado River and floodplain downstream of project area. Colorado pikeminnow (=squawfish) (Ptychocheilus Lucius) Endangered Large, warm and swift rivers in the Colorado River system. Colorado River and floodplain downstream of project area. Humpback chub (Gila cypha) Endangered Medium to large rivers with swift, turbulent waters in the Colorado River system Colorado River and floodplain downstream of project area. Mammals Canada lynx (Lynx canadensis) Threatened Spruce/fir forests (upland woodland) No; unsuitable habitat. North American wolverine (Gulo gulo luscus) Candidate Alpine, boreal, and arctic habitats No; unsuitable habitat. Source: FWS 2013. Environmental Effects No Action Alternative Under the No Action Alternative, construction would not take place and there would be no impact to federally listed or candidate species. Effects Common to Action Alternatives Due to the flexibility in placement of powerline structures, as well as use of existing access roads only, potential effects to federally listed or candidate species would be limited to potential discharge of sediment to waterways in the project area. However, the risk of sediment discharge is very low due to the small footprint of new disturbance and PSCo's Stormwater Management Plan and Reclamation Plan. 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 includes protective measures for drainages in the project corridor. 64 Alternative A (Proposed Action) and Alternative B The two action alternatives would cross Beaver Creek, Cache Creek, and the Colorado River within the shared transmission line alignment sections; therefore the alternatives would have the same effect on federally listed or candidate species. Mitigation PSCo's Stormwater Management Plan and Reclamation Plan would minimize the risk of inadvertent discharge of sediment in waterways that support populations of greenback cutthroat trout , razorback sucker and Colorado pikeminnow. Analysis on Public Land Health Standard 4 for Special Status Wildlife Species Habitat conditions within this area appear suitable for special status animal species known or likely to occur (BLM 2005 and 2009). However, the landscape in the project area is being fragmented due to extensive natural gas development, including roads, well pads, pipelines, compressor stations, tank farms and other surface facilities. The potential to impact some species would increase as development continues. The Proposed Action, due to its small, discontinuous disturbance footprint, is not anticipated to increase fragmentation or increase sediment loads. The Proposed Action would not jeopardize the viability of any population of special status animal species due to habitat loss, modification, fragmentation, or indirect effects. The project would have no significant consequence on habitat condition, utility, or function or any discernible effect on species abundance or distribution at a landscape scale. Public land health standard 4 would continue to be met. Wildlife: Terrestrial Affected Environment The varied vegetation communities, topography, and water sources within the project area provide habitat for diverse wildlife, both native and non-native. Most species are dependent on project area streams, springs, and ponds and use riparian zones as travel corridors. Existing human intrusions, including towns (Parachute/Battlement Mesa, Rifle, and Rulison), dispersed rural residential development (particularly on Grass Mesa south of Rifle and Morrisania Mesa east of Battlement Mesa), farming and ranching operations, oil and gas development, and the network of roads, pipelines and transmission lines that underpins human activities have influenced the existing patterns of wildlife use. Human intrusions within the project area have caused direct habitat impacts, general habitat fragmentation and creation of movement barriers, and mortality from vehicle collisions, wildlife control efforts, hunting, introduction of domestic animals that carry disease, compete with, or predate native animals, and other direct and indirect impacts. In Colorado, wildlife habitat is mapped on the Natural Diversity Information Source (NDIS) by Colorado Parks and Wildlife, CPW (formerly Colorado Division of Wildlife, CDOW). Mammals Small mammals likely to inhabit the project area include cottontail rabbits (Sylvilagus sp.), rock and ground squirrel (Spermophilus sp.), voles, shrews, mice, packrats, and small predators including raccoon (Procyon lotor), striped skunk (Mephitis mephitis), and weasel (Mustela 65 frenata). The Colorado River within the project area is mapped as river otter (Lutra canadensis) overall range (NDIS 2013). White-tailed prairie dog (Cynomys leucurus) habitat may occur in the project area. Many large mammals, including predators (black bear (Ursus Americanus), bobcat (Lynx rufus), coyote (Canis latrans), fox (Vulpes vulpes), and mountain lion (Felis concolor)) likely are common in the project area. Species observed during field surveys include golden -mantled ground squirrel, rabbit, and coyote. Sign (scat and other evidence) was observed for coyote and black bear within the southern portions of the project area. Black bear, bobcat, and mountain lion are more common in forested or scrub -shrub habitats, while coyote and fox are generally more tolerant of human disturbance and occur at lower elevations in grasslands and shrublands. Black bears are omnivores and feed on berries, acorns and roots common in Gambel oak shrublands in the project area. Ungulates The shrublands and grasslands within the project area provide habitat for mule deer (Odocoileus hemionus) and elk (Cervus elaphus) (NDIS 2013). Moose (Alces alces) overall range extends along the southern edge of the project area; however there are no known winter or summer concentration areas, and the project area is generally too low in elevation to be suitable moose habitat. The entire project area is within elk winter range, and winter concentration areas and severe winter range occurs at lower elevations and along the Colorado River. Elk summer range is generally south of the project area. Two small areas of elk production/calving habitat are mapped by NDIS, south of the project area between Porcupine Creek and Cottonwood Creek. Most of the project area is also within mule deer winter range, with the east and west end of the project at lower elevations within critical winter range, severe winter range, and winter concentration areas. A mule deer resident population occurs along the Colorado River, generally south of the project area but intersecting the western end. The portion of Cache Creek within the project corridor has been identified as a mule deer migration corridor. No mule deer production areas are mapped by NDIS in the project area. Both mule deer and elk were observed during field surveys, and sign (scat) was abundant throughout the project area. Reptiles and Amphibians A variety of herptiles likely occur in the project area, including frogs and toads such as Great Basin spadefoot (Spea intermontana), Woodhouse's toad (Bufo woodhousii) at lower elevations near water sources; northern leopard frog (Rana pipiens) throughout the project area near perennial water; and non-native bullfrog (Rana catesbeiana) near permanent still water. Lizards and snakes that are commonly found in the project area include collared lizard (Crotaphytus collaris), short -horned lizard (Phrynosoma hernandesi), tree lizard (Urosaurus ornatus), whiptail (Cnemidophorus sp.), bullsnake (Pituoiphis catenifer), garter snake (Thamnophilis elegans), and racer (Coluber constrictor) (Hammerson 1999). Whiptails, tree lizards, racers and bullsnakes were observed in the project area during vegetation surveys. Environmental Effects No Action Alternative Under the No Action Alternative, construction would not take place and there would be no impact to terrestrial wildlife species. 66 Effects Common to Action Alternatives Under both Action alternatives, the temporary noise and human disturbance during construction would cause terrestrial wildlife to avoid the project area. However, the project area has a December 1 to April 30 timing stipulation for big game winter range protection (GS -TL -01). This timing restriction would protect big game and other species wintering in the project area. Following construction, terrestrial wildlife would resume their normal use of the project area. The new powerline corridor would have minimal habitat disturbance and would not affect habitat connectivity across the corridor. Use of existing road corridors would minimize clearing footprints. Surface disturbance and vehicle traffic could increase the likelihood of noxious weeds spreading in the project area and competing with more desirable species. Alternative A (Proposed Action) and Alternative B Both alternatives would have similar disturbance impacts. Habitat disturbance would be limited to pole locations. Mitigation As described in the Reclamation section (in project description beginning on page 7), all surface disturbances would be seeded with a mixture of native grasses adapted to the site to help prevent the invasion of noxious weeds and to reestablish native, perennial vegetation on the site. Any noxious weeds that become established in the project area would also be controlled by the applicant. The seed mixes are presented inError! Reference source not found., Table 3, and Table 4. Analysis on Public Land Health Standard 3 for Plant and Animal Communities (partial, see also Special Status Species, Vegetation, and Aquatic Wildlife) The Proposed Action would not jeopardize the viability of any terrestrial vertebrate species. The project would have no significant consequences on habitat condition, utility, or function or discernible adverse effects on species abundance or distribution at any landscape scale. Public Land Health Standard 3 would continue to be met in the project area. CUMULATIVE EFFECTS NEPA regulations require assessment of cumulative impacts in the decision-making process for federal projects. Cumulative impacts are defined as "the impact on the environment which results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions, regardless of what agency (federal or nonfederal) or person undertakes such other actions" (40 CFR 1508.7). Cumulative effects can result from individually minor, but collectively significant, actions taking place over a period of time. Cumulative impacts were determined by combining the impacts of either the proposed action or no action alternative with other past, present, and reasonably foreseeable future actions. The geographic scope of the analysis includes actions near the project area where overlapping resource impacts are possible. The temporal scope includes past actions that have influenced the current condition of the resource and reasonably foreseeable actions within a range of approximately 10 years in the future. Past, present, and reasonably foreseeable future actions 67 were then assessed in conjunction with the impacts of the alternatives to determine if they would have any added adverse or beneficial effects on a particular resource. Past actions near the project area includes a variety of land uses: residential and industrial development near the communities of Parachute and Rifle; Interstate Highway 70; a railroad; a network of county, BLM and private roads; oil and gas development on private and BLM lands; existing electrical transmission lines; farming and ranching operations; and other land management actions by the BLM and private landowners. Private land development is expected to continue in the future near Parachute and Rifle, as well as on less developed rural lands. Additional oil and gas exploration and development, including construction of well pads, roads, and pipelines are reasonably foreseeable future actions in the region. Vegetation management, land clearing, prescribed fires, and other land management activities are possible on BLM and private lands in the future. The following provides a discussion of cumulative effects for each resource. Impacts to several resources considered in this EA would be negligible, and are not addressed further in this cumulative impacts section. Those resources are: Native American religious concerns, environmental justice, paleontology, livestock and grazing management, and wastes: hazardous or solid. Access and Transportation — Increased traffic from construction of a new transmission line would have a short-term adverse contribution on traffic on county and BLM roads in the project area when added to the traffic from oil and gas operations and other local road use. There would be no long-term adverse cumulative effect following construction because no new roads would be built and access to existing roads would be maintained. Periodic access for transmission line maintenance would be infrequent with minimal impact on access or traffic. Air Quality — Construction related emissions from vehicles and equipment under either of the action alternatives would have a negligible short-term contribution to regional air quality and no long-term adverse cumulative impact from transmission line operations. Under the no action alternative, use of natural gas instead of electricity for oil and gas operations would result in an increase in volatile organic carbons, carbon dioxide, carbon monoxide and other emissions that would have a minor contribution to the cumulative effects of other emission sources that affect regional air quality. Cultural Resources — No direct cumulative impacts to historic properties are anticipated because the project would avoid disturbance to known cultural resources. Cumulative impacts to cultural resources may occur from the incremental and successive visual effect of adding a new transmission line to the landscape. However, existing visual intrusions to the landscape include the I-70 highway corridor, oil and gas facilities, transmission lines, and other industrial facilities. Assessing the visual and cumulative effect of new transmission line on historic properties takes into account the integrity of the historic cultural landscape, the scale of previous intrusions, and the type of historic properties affected and the criteria for which the properties are eligible for the NRHP. Because of the scale of previous alterations to the historic cultural landscape from industrial development, the addition of new transmission line to an existing corridor would introduce negligible to minor visual effects to historic properties. Archaeological resources are not affected by visual effects. 68 Fire/Fuels Management — Installation of the proposed transmission line under either action alternative would require minimal vegetation clearing around pole structures and under the line. Vegetation removal would not substantially contribute to regional fuels management or the risk of wildfire. Thus, there would be no measurable beneficial or adverse cumulative effect on fire/fuels management. Floodplains — The possible installation of several transmission line poles in the Colorado River floodplain near Parachute under the action alternatives would have a negligible contribution to adverse cumulative effects from other existing developments in the floodplain. There are no known future developments in the Colorado River floodplain near Parachute that would contribute to cumulative effects. Health and Safety — Operation of a new transmission line under the action alternatives would not measurably contribute to health and safety cumulative effects in the region. Electromagnetic fields generated by transmission lines diminish rapidly with distance and would not add to public health risks from existing transmission lines. Construction and operation of the transmission line would adhere to standard safety protocols to minimize risks to public and worker health and safety. There would be no cumulative effects to health and safety under the No Action alternative. Noise and Electromagnetic Interference — Construction of a new transmission line under both action alternatives would result in a short-term adverse contribution to ambient noise levels from construction equipment, vehicles, and helicopter use. There would be a negligible long-term contribution to cumulative noise levels from periodic maintenance and operation of the transmission line. A new transmission line would add an additional source of electromagnetic interference to that generated by the existing 230 kV and 345 kV transmission lines in the project area. Any electromagnetic inference from a new transmission line would have a minor adverse contribution to cumulative effects from existing lines. Ongoing maintenance and the distance between the transmission line and residences would minimize potential adverse impacts. Plants: Noxious Weeds, Vegetation, Sensitive, Threatened and Endangered — Construction of a new transmission line under the action alternatives would have a negligible contribution to cumulative adverse impacts to vegetation. The project would have a minimal effect on the spread of noxious weeds, due to the small impact footprint and use of existing roads for construction. The project also would have a negligible cumulative impact to overall vegetation communities. The project would contribute to cumulative effects to one sensitive species, Harrington's beardtongue. Cumulative losses, including the proposed transmission line, would not threaten the viability of the species, cause the species to be jeopardized, or result in a trend toward Federal listing. Suitable habitat would be avoided to the extent possible when locating structures and biological monitoring would further assist in reducing impacts where avoidance is not feasible. Harrington's beardtongue was commonly found on about 80 acres within the project and minor potential impacts to individual species would not adversely impact the population. The species was common in and around previous disturbance areas, including the existing 345 kV transmission line corridor and pad locations. Based on these observances, the species appears to recolonize disturbed areas and is somewhat tolerant of the types of disturbance associated with transmission line construction. Recreation — Construction of a new transmission line under the action alternatives would have a minor short-term effects on recreation from noise and activities, but there would be no long-term adverse impact on access or use of public lands for recreation. Thus, there would be no long- term adverse cumulative effect to recreation under the action alternatives. 69 Socioeconomics — A new transmission line would result in both long and short-term beneficial cumulative effects related from construction spending and the additional electrical power that would support regional development and oil and gas operations in Garfield and Mesa counties. The No Action alternative would have a moderate adverse cumulative effect on the regional economy and oil and gas development from a shortage in power to support regional growth and economic activity. Soils — The limited soil disturbance associated with installation of transmission line structures under the action alternatives would have a negligible contribution to cumulative adverse impacts from past and future road construction, oil and gas development, and other land disturbing activities in the region. Visual Resources — Construction of a new transmission line under both action alternatives would result in a minor adverse cumulative effect to visual quality from the introduction of an additional man-made linear feature to the landscape. The cumulative visual impact from Alternative A would be less than Alternative B because the alignment would follow existing transmission line corridors to a greater extent. The permanent visible aspects of the project would not dominate the landscape and would be compatible with BLM's visual resource management classifications. The visual impacts of a new transmission line would be reduced by avoiding new road construction, further consideration of where to site structures during final design, use of non -reflective poles, limited vegetation clearing, and revegetation of disturbed areas following construction. Terrestrial and Aquatic Wildlife Species (including migratory birds and special status species) — Generally, cumulative impacts on wildlife result from surface disturbances and disruptive land uses and vary by species. Habitat type -conversion, degradation, fragmentation, and loss have significant adverse effects on wildlife but sometimes take years to manifest as population reductions. Quantified data on the existing and future extent of land uses are not available. However, where these land use activities occur, their contribution would result in some increased level of cumulative impact greater than the impacts of activities proposed or authorized by the BLM on BLM lands. While the approval of the power line would have negligible impacts on wildlife species, the proposal would incrementally add to other impacts (both on public lands and private lands) which are impacting wildlife habitat and species in the Rifle -Parachute area. RESIDUAL EFFECTS None. 4. Tribes, Individuals, Organizations, or Agencies Consulted Public and agency scoping was initiated in January 2012 with discussions and correspondence with state, federal, and local agencies. Information packages with potential transmission line alignments were sent to agencies (see Table 21) and the public (see Appendix A), and PSCo established a project website to facilitate information access (http://www.xcelenergy.com/rifle- parachute). Three public meetings were held, and members of the public and representatives of local, state, and federal agencies attended. Table 21. Mailing List for Scoping (Meeting Announcement) Letters Sent to Federal, State, and Local Agencies Board Of County Commissioners of Garfield County 70 Colorado Parks and Wildlife Federal Home Loan Mortgage Corporation* Garfield County Planning Division Garfield County School District 16 Grand River Hospital District Parachute, Town Of Rifle, City Of Rifle Fire Protection District Secretary Of Housing And Urban Development* United States Fish and Wildlife Service (*related to foreclosures within the project area) 5. List of Preparers Members of the CRVFO Interdisciplinary Team who participated in the impact analysis of the Proposed Action and alternatives, development of appropriate mitigation measures, and preparation of this EA are listed in Table 22, along with their areas of responsibility. Table 22. BLM Interdisciplinary Team Authors and Reviewers Name Title Areas of Participation BLM-Colorado River Valley Field Office Monte Senor Realty, Rangeland Management Specialist IDT Lead, Lands and Realty Carla DeYoung Ecologist Vegetation, T/E/S Plants Rusty Stark Fire and Fuels Manager Fire and Fuels Greg Wolfgang Planner Visual Resources, Recreation, Access Kristy Wallner Rangeland Management Specialist Invasive, Non -Native species (Noxious Weeds) Erin Leifeld Archaeologist Cultural Resources, Native American Concerns Pauline Adams Hydrologist Soil, Water, Air, Paleontology Darren Long Wildlife Biologist Threatened and Endangered Wildlife, Migratory birds, Aquatic and Terrestrial Wildlife David Epstein Economist Social and Economic THIRD PARTY NEPA PREPARER The CEQ provides guidance for contracting NEPA documentation at 40 CFR 1506.5(b) and (c). "Third party contract" refers to the preparation of an EIS or EA by contractors paid by the applicant. Because the proposed land exchange was proposed by a Non -Federal party (i.e., the Proponents), the BLM determined that it is appropriate for a third -party contractor to be used for preparation of this EA. Contracting an environmental document does not in any way reduce or eliminate the BLM's active role in the NEPA process; the BLM is responsible for all content within the EA document and the supporting materials, which must be included in the 71 administrative record. Additionally, the findings in this analysis are those of the BLM, not of the contractor, and the decision must reflect a review of this NEPA document. A Memorandum of Understanding (MOU) was executed between the BLM and the Proponent, establishing the roles and responsibilities of each party, including the contractor. Among other things, the MOU specifies that all costs of using a contractor to prepare environmental documents will be borne by the Proponent. The MOU describes the responsibilities of the BLM and the Proponent in the administration of the MOU and in oversight of, and communication with, the contractor and the Proponent. The MOU is contained in the administrative record. Table 23. Third Party NEPA Preparers Name Title Areas of Participation ERO Resources Aleta Powers Project Manager Vegetation, Wildlife, project oversight Mark DeHaven Senior Natural Resource Specialist Recreation, Soils, wildfire, floodplains, socioeconomics, air quality, Visual Denise Larson Ecologist Vegetation Sean Larmore Archaeologist Cultural Resources Adam Petry Natural Resource Specialist Raptors and Migratory Birds Jennifer McLeland Technical Editor Editing Wendy Hodges GIS specialist Mapping, impact analysis 6. References Avian Power Line Interaction Committee (APLIC). 2006. Suggested Practices for Avian Protection on Powerlines: State of the Art, 2006. Available online at: http://pbadupws.nrc.gov/docs/ML1224/ML12243A391.pdf. Last accessed: January 30, 2013. Bureau of Land Management (BLM) . 1996. Partners Against Weed, An Action Plan for the Bureau of Land Management. January. . 1999. Glossary from Glenwood Springs Resource Area Oil and Gas Leasing Final Supplemental Environmental Impact Statement (FSEIS), p. 7-11. . 2005. Land health assessment report, Rifle -West watershed. Glenwood Springs Field Office, Colorado. . 2009. Land health assessment report, Divide Creek. Bureau of Land Management, Colorado River Valley Field Office, Silt. . 201 la. Clean Air Class I Areas; Figure from Colorado River Valley Draft Resource Management Plan (DRMP)/Draft Environmental Impact Statement (DEIS). Available online at: http://www.blm. gov/pgdata/etc/medialib/blm/co/field_offices/crvfo/rmp_vol_3_appendix.Par. 19968.File.dat/3.2.1-2_CAA_ClassI.pdf. Last accessed: January 25, 2013. . 2011b. Chapter 3. Affected Environment from Colorado River Valley Draft Resource Management Plan (DRMP)/Draft Environmental Impact Statement (DEIS). 72 Available online at: http://www.blm. gov/pgdata/etc/medialib/b1m/co/field_offices/crvfo/kent.Par.60190.File.dat/C hapter%203%20%20-Affected%20Environment.pdf. Last accessed: January 25, 2013. . 2011c. BLM CRVO 2011 Grazing Allotment Permit Renewal Map. Available online at: http://www.blm.gov/pgdata/etc/medialib/b1m/co/field offices/cryfo/grazing.Par.14165.File.dat /permit renewal 2011.pdf. Last accessed: January 30, 2013. . 2013. Final Environmental Impact Statement for the Gateway West Transmission Line Project, Wyoming State Office. Colorado Department of Agriculture. 2013. Noxious Weed List. Available at: http://www.colorado.gov/cs/Satellite?blobcol=urldata&blobheader=application%2Fpdf&blob headername 1=Content-Disposition&blobheadername2=MDT- Type&blobheadervalue 1=inline%3B+filename%3D 150%2F152%2FWeed+list+11-17- 09.pdf&blobheadervalue2=abinary%3B+charset%3DUTF- 8&blobkey=id&blobtable=MungoBlobs&blobwhere=1251602601181&ssbinary=true. Last Accessed: May 2013. Colorado LMI Gateway. 2013. http://www.colmigateway.com/analyzer/gsind202. asp ?SuperSector=False&detailtype=&cat= HST_EMP_WAGE_IND& ses sion=IND202& subsession=99&geo=0804000045 &areaname= Garfield+County%2C+CO&tableused=INDUSTRY&ro llgeo=04&roll=False&time=2012010 0&templvl=2&naicslvl=3&detaillvl=&cboCode=23&Orderby=3A. Last accessed July 23, 2013 CSFS (Colorado State Forest Service). 2013. Colorado's Wildland-Urban Interfaces. http://csfs.colostate.edu/pages/wf-wildland-map.html. Accessed July 16, 2013. Department of Energy and Bureau of Reclamation. 2008. Programmatic Environmental Impact Statement, Designation of Energy Corridors on Federal Lands in the 11 Western States (DOE/EIS-0386). ERO Resources Corporation (ERO). 2013. Cultural Resources Inventory Report. Prepared for Xcel Energy/PSCo. Federal Emergency Management Agency (FEMA). 1991. Panel 0802150001A. Town of Parachute, Garfield County, Colorado. September 27. FHWA (Federal Highway Adminstration. Equipment noise. http://ops.fhwa.dot.gov/wz/workshops/accessible/Schexnayder_paper.htm. Last accessed July 22, 2013. Garfield County. 2013. Noxious Weed List. Available at: http://www.garfield- county.com/vegetation-management/noxious-weed-list.aspx. Last accessed: May 2013. Hammerson, G.A. 1999. Amphibians and Reptiles of Colorado: A Colorado Field Guide. University Press of Colorado, Colorado Division of Wildlife. Second Edition. Kingery, H. E. (ed.). 1998. Colorado Breeding Bird Atlas. Colorado Bird Atlas Partnership and Colorado Division of Wildlife. Denver, CO. Natural Diversity Information Source (NDIS). 2013. Wildlife Species Page. Available at: http://ndis.nrel.colostate.edu/wildlife.asp. Last accessed: August 2013. 73 Natural Resources Conservation Service (NRCS). 2013. Web Soil Survey. Available online at: http://websoilsurvey.nres.usda.gov/app/WebSoilSurvey.aspx. Last accessed: January 28, 2013 NatureServe Explorer (NatureServe). 2012. Ute Ladies' -Tresses. Available online at: http://www.natureserve.org/explorer/servlet/NatureServe?sourceTemplate=tabular_report. wmt &loadTemplate=species_RptComprehensive.wmt&selectedReport=RptComprehensive.wmt& summary View=tabular_report.wmt&elKey=129296&paging=home&save=true&startlndex=1 &nextStartlndex= l &reset=false&offPageSelectedElKey=129296&offPageSelectedElType=sp ecies&offPageYesNo=true&post_processes=&radiobutton=radiobutton& selectedlndexes=129 296. Last accessed: January 29, 2013. Reed, Alan D. and Michael D. Metcalf. 1999. Colorado Prehistory: A Context for the Northern Colorado River Basin. Colorado Council of Professional Archaeologists. U.S. Census Bureau (Census). 2010. Garfield County Quick Facts. Available online at: http://quickfacts.census.gov/gfd/states/08/08045.html. Last accessed: January 28, 2013 U.S. Fish and Wildlife Service (FWS). 2013. Birds of Conservation Concern. Available online at: http://digitalmedia.fws.gov/cdm/fullbrowser/collection/document/id/1404/ry/singleitem. Last accessed: July 30, 2013. U.S. Fish and Wildlife Service (FWS). 2013. IPaC -- Information, Planning, and Conservation: Garfield County, Transmission Line. Available online at: http://ecos.fws.gov/ipac/wizard/trustResourceList!prepare.action. Last accessed: January 29, 2013 Walsh Environmental Scientists and Engineers. 2012. Garfield County Community Wildfire Protection Plan, Prepared for: Garfield County Office of Emergency Management. November. Xcel Energy (Xcel). 2012. Electric and Magnetic Fields (EMF): Answers to Frequently Asked Questions by Xcel Energy Customers. 74 Appendix A Landowners 1 (Individuals, Families, Trusts) Adams, Charlotte S Aderman Susan Plasman Allen Alton L Jr & Misty June Allen Douglas P Anderson Garland E & Diana M Anderson, Mary R Andromeda Cassiopeia Living Trust Anselman, Todd S Antes, Philip D & Marlea J Antonelli, Charles S Arnold, Alan Austin, Donna L Baker, Gregory L Barbette, Jean Robert Bartel, Kim A & Linda R Bauer, George R Beasley, Christopher D & Amy Lou Bedford, Sarah S Beecraft, Donald P & Susan A Bell, Kenneth Wade & Allison Teague Benjamin, Richard M & Shirley J Berry, Roger L & Sharon B Bevans-Backes, Katherine A Bickley, Ann Burns Binger, Daniel R & Kathryn E Binnian, Holly D & William H Birdsey, Rocky S & Susan B Blackard, Scott R & Gerald T & Christie Bogacz, Richard John & Linda M Bortz, William Bortz, William A Bosely, Mary Anne Botkin, Guy R & Roberta J Bowker, Gary L Jr & Margaret Bown, Jeffery H & Lee Ann Boyles, Douglas R Boyles, James K & Hilda R Bradley, Jeffrey D & Melissa D Brennan, Wesley A & Juanita M Briefs, Mark & Debra Brock, Rebecca L Broderick, Donald F & Irene A Broderick, John T & Jane H Brown, Brent H & Dawn R Brynildson, Bruce G & H Shirley Brynildson, Scott W & Linda S Buford, John L & Lavinia A Burchfield, Billie G & Annie R Burgess, Bryan K & Dawn C&B Jewell Revocable Family Living Trust Cameron, Fred Rex Carlson, David V Carr, Thomas & Price, Amy R Cartwright, Russell E Caskey, Lisa L Castle, Noel J & Angela D Causbie, Donald L & Violet M Chance, Donald R & Annabelle M Chartier, Andre P & Cheryl A Chicoine, Daniel B & Penny L Chrisley, James R & Rene T Christensen, Danette E & Kip L Christianson, Michael K & Jillene M Church, Lucien H & Marilyn L Clark, David E & Angela A Clark, Wayne D & Nancy A Cline, Patricia E Closs, Daric H Closs, George Coelho, William M Colborn, Harry R Constine, John M & Sandra L Cooke, Margaret Cooley, Edward & Patricia Coombs, Hayden & Harold & Zita J Coombs, Roy H & Rhonda L Cox, Daryl & Viktoria Cox, Donald L & Connie Crilly, Edward W & Monroe, Michael L 75 Crocker, Damon Crosby, Dylan Crowhurst, William B & Kathy J Crowley, Karen K Cruz, Ernesto & Anna Curran, John R Dalrymple, Michael J Daly, Jacqueline & Swift, Lawrence V Daniels, George H Iv Danner, Timothy & Lynette M Davis, Tony & Chella Day, David L Derevensky, Paula Derkash, Robert Diaz, David R & Dian A Dickey, Danette Jens Dimento, Paul James & Elizabeth A Dorr, Bryan D & Jennifer Dotson Family Trust & Duncan, Patrick & Murphy, Miranda Durnil, Kenneth E & Marcia Dwire, Mary Ann & Woody, Wilbur G Eggen, James Elliott, Susan B Revocable Trust Else, Kenneth R & Dorothy M Enyeart, Jack & Robert Equity Trust Co-Cust. Fbo James R Drolet Ira Erickson, C Brian Ertl, Jann Evans, Jack T Jr Evers, Kent M Ewing, Lynda L Fabrocini, William Faldasz, Gary M Faulkner, Robert John & Roberta K Fenton, Matthew & Tiffany Ann Finn, Harvey B & Gates, John S Firth, Dennis H Firth, Samuel Dennis Fletcher, Karrie & Jason Flores, Ray Foster, Mary Diane Franz, Bert Freeman, Carla Jeanice & Joe E Fritzlan, Thomas J Frontella, Gilbert Furr, David L Fusilier, Joshua D Fusilier, Louis Jr & Helen C Gabriel, Curtis Alonzo Revocable Trust & Pauline Cora Gabriel Revocable Trust Dated 10/5/2001 Gallo, Jaime Gardner, Sharon I Gentilcore, Judith R & Thomas Gerleman, Grant D & Swisher, Kelli L Gert, Jeannette Marie & William Fredrick & Michael Abel & Wayne Fredrick Getter, Richard & Sandra Trust Gibson, Rufus & Bonnie Goad, Wendell W & Kalin Goddard, Keith A & Spaulding -Goddard, Vicky L Gold, Jeffrey J & Terri R Goldsborough, Miles B, Trust Goldsborough, Neal Goodman, Johnny R & Linda A Goossen, Jeffery N & Amanda Graham, Clayton C & Kirk L Graham, Kirk L & Clayton C Graham, Linda N Gray, Donald R & Arlene F Revocable Trust Dtd 3- 26-99 Gustafson, Alice A Hagaman,Family Trust Hagemann, Steven W Hale, Kenneth A & Donna M Hall, Thomas L & Elaine C Hanak- Hamick, Thomas & Karen Hamilton, Donald D & Vicki L Hamilton, Theresa Hammernik, Bernhard & Hauchwitz, Ida W Hanko, Michael D & Terri A Hannigan, John A Iii & Tarinna L Hanson, Richard L & Patricia M Harper, Jeffrey D & Melissa R Harris, Leland E & Rhonda L 76 Harris, Robert H & Pamela N Hasenberg, Gregory J Hauck, Robert A & Carolyn J Heidemann, Wade L & Diane L Helliwell, Derek P & Paula M Henry, Phyllis L -Trustee Of The Gaylord J Henry Family Trust Hertzke, Georgiana Hess, Catherine M Hicks, Barry J Hileman, William R & Kay U Hill, Kurt W & Kathryn M Hirneisen, Ricky Lee & Donna Sue Hoaglund, Edward J & Ida L Hoeppli, Susanna M Hogelin, Thomas G & Pamela K Hoggan, Bruce & Amelia Hokanson, James R & Mary A Holloway, Aric N & Deanna M Holtz, Darin L & Katrina L Holzer, Hans Ulrich Hooker, Bobby G & Genevie E Howard, Kenneth T & Glenda P Huffman, Melvin L & Rose M Huggard, Rex C & Maxine L Hughes, Roxan Kim & Clement Frank & Charlotte Mae & Randal Kent Hunter, Michael Hyrup, Kent A & Terry L Hyrup, Phyllis J Inman, Paul F & Adelia J Irigoyen, Ismelda [sham, Jon C Israel, Brent Gene Jablonsky, Don W & Rosemary A Jabs, Jason M & Kelli L Jackson, James K. & V. Dianne Jacobs, Karla E & Timothy Jensen, John R & Cathrine A Rev Trust 3/31/2003 Jewell, Chad B & Lori A Jewell, William G & Maureen Louise Johnson, David M & Anna R Johnson, David M & Anna R & Johnson, David Lee Johnson, Dene M & Janet L Johnson, Michael & Xiomy Jacquelyn Johnson, Misty Dawn & Vicky L Johnson, Robert J Jr & Linda L Johnson, Sherry L Jolly, Brian D & Christina J Jones, William D & Karen L Juhl, Jeffrey P & Marin A Kadinger, Jesse & Yvonne Kauffman, Diane M Keane, Terry E Kehm, John M Jr & Sharon A Kehr, Robert V Keller, Brenda Kelly, Gary L & Stokvis, Bonnie L Kerr, Michael K & Cynthia K Kiang, Henry N & Marie J Killian, Reno Richard & Shellum, Patricia Ann King, Debbie Kirby, Marty & Jodi Klement, Ellen L Knight, J Scott Knight, James A Knuth, Bruce G & Susan M Koveleski, Ann Kracht, Hank T & Dimarco Kracht, Kamron Lagrange , Joseph R Lange, Denise L Lantz, Chad B Lawrence, James L & Bonnie L Layne, Juanita M Lear, Charles E & Sally M Lemon, James R Leverich, Chris Livingston, Janet & Charles Locklear, Dannie P Sr Long, Brett B & Yvonne E Long, Ronald D & Robin R Loy, Linda M Lucero, Michael S Lyells, Debra A Mackey, Gregg 77 Mackley, Arnold L & Darleen E Macklin, Justin L & Nicole L Maddocks, Douglas Madeen, Harold L & Anne M Maldonado, Jose N Reyes & Soto, Isidra Landeros Mancuso, Christopher A & Janna Mann, David E & Jeannine Manuppella, Anthony L & Gail Marbas, Laurie L & Patrick J Martin, James E & Pamela K Mattis, Judith K & Candow, John Gordon May, Ryan A Mayo, Joanne H Mccarty, Patrick W & Kathryn L Mccurdy, Richard & Michelle Mcgill, Carol G & Robert L, Jr Mcguire, Michael T & Tere M Mckenna, Matthew B & Judith M Meader, Deborah J Melby, Kenneth L. & Kenneth L. li Meskin, Michael & Karen L Meyer, Ferdinand J. & Valentina Miller, Louis & Cathy Cae Miller, Lynn M & Raymond A Mitchell, Orley T & Thea D Moore, David S Moore, Donald R Jr & Linda L Morgan, Richard D & Kay D Morton, G Thomas & Debra E Morton, G Thomas & Rivera, Debra E Most, Ernest D & Roberta S Murdock, Granville J & Sharon E Murphy, Kenneth Andrew & Jill Christine Murphy, Michael D & Wilson, Vicki S Murphy, Stephen P & Murphy, Tg Trust Nardecchia, Andrew & Katherine Neal, The John L Trust & The Mickey M Trust Nipper, Richard D Noel, Thomas E & Patricia L Nystrom, John S O Farrell, Michael E & Cynthia H Ochsner, Edward J & Carol Kennedy Oleary, Debby Britten Opstein, Mark A & Jeanne B Ordway, Christy Garrison & John P Ostermiller, Clint W & Amanda L Pacheco, Enrique & Edumenia Palmer, Bonnie J Palmer, Carl 0 & Sharon K Paniagua, Ana M Parada, Juan B & Catalina Paradise, Charles J & Nancy L Parkes, Thomas E And Naomi F Trust Parlette, Bruce Pattillo, Aaron M Pavisich, Jack G Trustee Of The Pavisich Rlt Pavlin, Robert & Barbara Pazzin, Michael G & Dalit Perdue, Michael J & Sarah A Perrin, Charles T & Cartwright, Amy E Peterson, Gerald E, Kearnes, Nancy A & Mary L Petree, Troy Gene & Deborah Laverne Policastro, George Polson, Paige & Rodney J Porter, Linda A Potter, Opal M Prater, Margaret A & Jonathan M Prendergast, Robert E & Lynda L Pressler, Rodney L & Erin E Proud, Carol J Purcell, James H Quintana Garcia, Jorge Luis & Quintana, Herlinda Raggio, Sharon M & Landis, Timothy A Ramirez, Anthony Ramsey, Vernon & Donna Reed, Beverly J & James F Jr Renner, Matthew Alan & Jerri Ann Rhine, Elena Rice, John H & Melinda M Richard, Ronald Dean &Catherine Chaisson Richardson, Lloyd H & Jennifer L Rienau, Austin Rill, Gerhard Balthasar & Deborah Jacobs Robacker, Ronald J & Cheryl L 78 Roberts, The Donald D Family Trust Robertson, Cliff L & Leslie Diann Robinson, Craig Kelly Robinson, Scott & Debra S Rodriguez, Jose Alberto Roess Living Trust Rogers, Gary Buddy & Mary K Rose, James L Roseman, Edward A Ruggiere , Eugeneia Rust, Tommy L & Boni L Sacca, Larry D & Karol Ann Sakurai, Lee Samuelson, Kern A & Ervalene Sappington, Judy T & Kulp, Steve Satterfield, Terry Leroy & Satterfield, Penny Lavangaline Sauter, Douglas K & Kathryn A Savage, Joan L Savage, Joan L, John W, Roy E, Marshall T & Daniel W Schaeffer, Jera R Schaeffer, Nathan A & Becky Schell, Lynda L & John M Schoon, Don L & Susan M Schuette, Mark Schultz, Frederick E Jr Schwab, Mark R & Rose M Scott, Eric Scott, Nancy A & James H Sennett, Gary & Secora, Amelia Seymour, Preston C & Cora E Shannon, James Alan Jr & Sheila M Sharp, David V Sheets, Richard A Sheridan, Janet K & Clinton B Shope, Robert W Shore, Lynn J & Lynn T Shuster, Ben D & Joann Siebert, Al J Simpson, Timothy W & Naida I Sjogren, Robert James Skellion, John E & Susan Darlene Slattery, Mary M Slocum, Donald C., Trust Dated 11/8/96 Smith, Michael & Caitlin Snyder, Danny L Snyder, James G & Jean E Snyder, Kathryn S Trust Snyder, Shane D Solano, Hilda M Sommer, Robert A & Mary J Sorensen, Jory & Autumn Sorensen, Michael Brent & Rene Robin Sowieja, John G & Enli-Sowieja, Nanette L Speck, Robert Eugene & Ping, Pamela Kay Spiroff, Jeffery & Botica, Michelle Spiroff, Jeffrey L & Botica, Michelle A Spotts, Jason Squires, Audrey St John, Dorothy M Stark, Foran D & Willa K Steinhoff, David P & Holly A Stellflug Trust Dated September 28, 1994 Stevens, Connie Jo & Charles Gary Stevenson, Russell S & Robin Gail Stewart, Buddy Lee & Amber Dawn Stierberger, Edward A Revocable Trust Dated November 14, 1996 Stiers, J Michael & Connie L Stoakes, Richmond B & Susan E Stokvis, Robert R & Karin L Stott, Glenn D & Carolyn L Strain, Juliann & Enyeart, Jack Carl -Successor Co Trustee Of The Jack G Pavisich Revocable Living Trust Dtd 6/2/2005 Styers, Alan C & Smith, Heather A Suarez, Olga F Swallow, Jody L & Kris L Sykes, Hilda M & Dennis D & Harold A Talbott, Ross M & Rebecca L Tanis, Steven W & Cynthia L Tanner, Alfred T & Viola L Taylor, Alfia A Trust Dated February 25, 2000 (Amended And Restated On September 25, 2008) Teaney, Mitchell A & Nancy J 79 Thaxton, Robert W & Marilyn B Thompson, Dale Thomas And Georgianne Thompson, Marvin L & Paula Virginia Thompson, Travis R & Burkhardt, Robin L Thompson, Tyrone & Linda Till, Kenneth & Marianne Tompkins, Thomas Lynn Tonder, David R & Mary Ann Topol, Judith A Touchton, Jeanette L & James Andrew Trouskie, William L Jr & Whitney L Tucker Family Trust U/D/T 10/10/88 Turner, J Bart & Perry -Turner, Lynne Tuttle, David Upton, Gale E & Linda M Upton, Linda Marie & Gale Edward Urquhart, William D & Archie R Valdez, Anthony R & Genevieve D Valencia, David J Vancleave, Gary & Lisa Vick, David D & Sonya M Vogel, Terry Michael & Jane L Walker, Robert L & Jennifer M Wallace, Gary A & Patricia A Ward, Robert M & Barbara S Ware, William S & Frances W Warner, Becky D Warner, Richard C & Kathie M Warren, Randy N & Patricia D Washburn, Eugene E & Jerra L Landowners 2 (Businesses) 1779 Airport Road LLC 2127-33 Airport Rd LLC 319 Property Owners Assn AAPK Leasing LLC AFS Limited LLLP Airport Land Partners Limited AKN LLC ALS Rifle LLC Antero Resources Piceance Corp Arjay Properties Co, LLC Waszak, Laurel & Koning, John Watson, Mary M Weinheimer, Richard A & Deborah J Werner, Benjamin K & Jacquelyn K Wesslen, Jerry C & Lois R Whelan, Kevin C & Kimberly S White, Jerry N & Boland, Diana V White, William R & Charlotte A Wiessner, Arthur & Ethna Wilson, Rick E Winchester Trust Dated 09/30/03 & Scarber Allen Russell As Co-Trusees & Schultz, Alice Marie As Co - Trustees Wingstrom, Fred W & Linda A Winkhaus, John T Iii & Gwenn S Winter, Alvin R & Gladys A Wisdom, Martie Wolf, Jesse R & Jennifer R Woodhouse, Patrick L Woody, Jay Yenter, Martin Terry & Pamela Yerian, Nicholas Yoder, Georg F & Donna A Zacharias, John V & June F Zanella, Robert Jay Zepeda, Maria Zielinski, James P & Janice Beaton B To B Investments Inc Baileys Properties, LLC Baron Lane, LLC Battlement Creek Village Community Assoc Battlement Mesa Golf Course, LLC Battlement Mesa Land Investments Battlement Mesa Land Investments Parcel 1, LLC Battlement Mesa Metropolitan District Beaver Creek Land Trust Benzel Land LLLP Bk Of Ny Mellon Fka Bk Of Ny As Trustee For The 80 Cert Cwalt Inc Alt Loan Trust 2006-27cb Mtg Pass - Through Cert Series 2006-27cb Bookcliffs Professional Building, LLC Burning Rock B212 LLC C & A Services, LLC Cache Creek LLC Cal Co Hotels LLC Calandri Partnership Casperson Family Partnership, Ltd Champion Technologies Inc Chieftain Corporation CIS Rifle, LLC Clem Ranch LLC Coulters Pocket, LLC D and S Enterprises LLC Diamond Elk, LLC DMK Enterprises LLC DNM Rifle, LLC Double B Ranch Limited Liability Company Dunstan Family LLC Emcm Corp Empty Enterprises LLC Encana Oil & Gas (Usa) Inc Encana Oil & Gas (Usa) Inc Engquist & Company, LLC Exxon Mobil Corporation Fisery lss & Company Fbo Wolf Gensch, Ira G Construction, Inc G Meehan Properties LLC Garfield County Road Properties LLC Garfield Steel & Machine, Inc Grand River Plaza Property Owners Association Gyro Technologies Inc, Dba Vaughn Energy Services Hilltop 2F2 Ranch, LLLP Hubbell Cabin LLC JB Homes, LLC Jenkins Group, LLC KKD Properties , LLC Lansfam V, LLc Laramie Energy II, LLC (C/O K E Andrews & Company) Laramie Energy II, LLC Luzerne, LLC Mahogany Mesa Townhomes Association Mahogany Vistas Homeowners Assoc ,Inc Mc31 LLC McDonalds Corp (159/05) Mcg Investments , LLC Mesa Acres LLC Mobil Oil Corp Moebius Family Properties, LLC Monument Ridge, LLC Morrisania Community Association My Blue Heaven, LLC NDS LLC Noble Energy Inc Nukelink, LLC Oak Grove Ventures, LLC Ora S Legacy LLC Peters -Dewey Town Homeowners Association Petros Tubular Services Inc PNN Land And Home, LLC Poor Boys Leasing LLC Public Service Company Of Colorado Puckett Land Company & Questar Pipeline Company Quicksilver Court Homeowners Association Red River Hotels I Reed, Jonathan & Associates Inc Rex, Rae LLC A Colorado LLC Rifle Building LLC Rifle Business Park Owners Association Rifle Commercial Investments LLC Rifle Group LLC, The Rifle Holdings I, LLC Rifle Investment Properties LLC Rifle Land LLC Rifle Mixed Ventures, LLC Rifle Partners LLC Rifle Retail Ventures LLC Rifle South Ltd Rifle Suites LLC Rifle Trade Associates, LLC Robinson Family Properties, LLC Rudolph Associates, LLC 81 Rulison Homestead Blue Ribbon Ranch LLC RW Bullock Land & Cattle Company LLC & Jmb Land Company LLC Sanchez Drywall, Inc Savage Limited Partnership I Scheer Family LLC Seventh Day Adventist Assn Shelton Properties, LLC Site -West Development LLC Southbank Secure Storage, LLC Southbank Secure Storage, LLC (92 Pct) Walker Electric, Inc (8 Pct) Srei Mamm, LLC Summit Ministries Resources, Inc Sunset Townhomes, LLC T D Production, Inc Tapestry Builders, LLC TG TF LLC Turner Management Company, LLC Valley View Townhouse Homeowners Assoc Walck Enterprises, LLC Wal-Mart Real Estate Business Trust WCO Oilfield Services Inc WDM Corporation Wells Fargo Bank, Na Western Slope Trailer Sales, Inc Westfork Ranch, LLC Williams Production Rmt Company Willorie Properties Wpx Energy Rocky Mountain, LLC Youberg Beaver Creek Ranch ZFP Limited LLLP 82 Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project Proposed Parachute Substation Improvement Plans The following plans detail the proposed improvements to the Parachute Substation located in Parachute, CO. Improvements to the existing Parachute Substation will allow the subject facility to function as one of the terminal points for the transmission line. Proposed improvements are: ■ (2) Dead -End Towers ■ Static Lines ■ 230kV Conductors (Cables and Aluminum Tubes) ■ (4) Disconnect Gang Switches & (6) Disconnect Gang Switch Supports ■ (3) Surge Arresters and (1)CCVT ■ (2) SF6 Circuit Breakers The substation is located on a parcel owned by Public Service Company of Colorado, an Xcel Energy Company. The Parachute Substation is located on Parcel # 240706300141, Section 6, Township 6 South, and Range 95 West within the Resource Lands zone district. PSCo constructed the Parachute substation in 1982. A Special Use Permit (Resolution 82-95) was issued for the construction of a transmission line and the Parachute Substation. The following are included in the Rifle (Ute) Substation Improvement Plans document: • Parachute Substation Details • Parcel # 240706300141 Deed • Special Use Permit- Transmission Line and Parachute Substation • Current Aerial Figure • General Arrangement • Section View Parachute Substation Improvement Plans Garfield County Location and Extent Review, 2015 Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project Proposed Rifle (Ute) Substation Improvement Plans The following plans detail the proposed improvements to the Rifle (Ute) Substation located in Rifle, CO. Improvements to the existing Rifle (Ute) Substation will allow the subject facility to function as one of the terminal points for the transmission line. Proposed improvements are: • (2) Dead -End Towers • Static Lines • 230kV Conductors • (10) Disconnect Gang Switches • (6) Surge Arresters and (6) CCVTS • (3) SF6 Circuit Breakers The substation is located on a parcel owned by Public Service Company of Colorado, an Xcel Energy Company. The Rifle (Ute) Substation is located on Parcel #217714400285 Section 14, Township 6 South, and Range 93 West within the Rural zone district. PSCo acquired the Rifle (Ute) substation in 1992 from Colorado Ute Electric Association. The Rifle (Ute) Substation was constructed from 1961 to 1963. The acquisition occurred after the initial construction was completed for the Rifle (Ute) Substation. The initial original resolution and permit could not be located in the Garfield County records. An approved resolution (Resolution Number 83-296) was approved for a transmission line. The states the transmission line begins at the Rifle (Ute) substation. Two Amendments Land Use Change Permits were issued for the Rifle (Ute) Substation in 2011 and 2012. The following are included in the Rifle (Ute) Substation Improvement Plans document: • Rifle (Ute) Substation Details • Rifle (Ute) Substation Parcel Deed • Rifle (Ute) Substation Permits • Current Aerial Figure • General Arrangement • Section View Rifle (Ute) Substation Improvement Plans Garfield County Location and Extent Review, 2015 RECORDED AEC t 414 5IILDRED ALSDORF COUNTY CLERK' BOOK 828 eact985 GARHIELD EPR rtri 19x92 ri s „iis ll SPECIAL WARRANTY DEED, ASSIGNMENT AND BILL OF SALE Return To: Chicago Title of Colo., Inc. 1225 17th St., Suite 1570 Denver, CO 80202 Attn: Don Ford THIS SPECIAL WARRANTY DEED, ASSIGNMENT AND BILL OF SALE is made as of the 15th day of April, 1992, among Colorado -Ute Electric Association, Inc., a Colorado cooperative association whose address is 1845 South Townsend Avenue, Montrose, Colorado, Victor R. Palmieri whose address is 245 Park Avenue, 35th Floor, New York, New York (the "Trustee"), as Trustee for the Estate of Colorado -Ute Electric Association, Inc., in Bankruptcy Case No. 90 B 03761 C, United States Bankruptcy Court for the District of Colorado (the "Court"), collectively the GRANTORS, Tri-State Generation and Transmission Association, Inc., a Colorado cooperative association whose address is 12076 Grant Street, Thornton, Colorado ("Tri-State") and Public Service Company of Colorado, a Colorado corporation whose address is 1225 17th Street, Denver, Colorado ("PSCo"), collectively the GRANTEES. This instrument is made pursuant to that certain order of the Court dated February 19, 1992 as supplemented by that order of the Court dated March 20, 1992 in Bankruptcy Case No. 90 B 03761 C (the "Order"), which Order is attached hereto as Exhibit A. The premises conveyed by this instrument are conveyed as Assets (as referred to in the Order) of Colorado -Ute which GRANTORS are authorized to sell pursuant to the Order. 1. Conveyance. The GRANTORS, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold, conveyed and assigned, and by these presents do grant, bargain, sell, convey and assign to Instrumcnt #96 BOOK 828 rot 9S 3 Tri-State and P3Co, their successors and assigns forever, all right, title, and intere3t of the GRANTORS in and to the following (collectively the "Conveyed Assets") in the manner hereinafter specified: a. Substaions. Undivided ownership interests to Tri-State and PSCo as specified on Exhibit 8, attached hereto, in the substations which are located in the County of Garfield, State of Colorado and are described on Exhibit B (the "Substations"), together with all transformers, circuit breakers, switches, meters, control buildings, buswork, conductors, power line carrier and related equipment constituting the Substations (the "Substation Equipment"); b. Real Property. To PSCo an undivided 100% ownership interest in and to all of the real property legally described as set forth in 5xhibit A-1, attached hereto, together with all and singular the hereditaments and appurtenances thereto belonging, or in any way appertaining thereto, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claims and demand whatsoever of the GRANTORS, either in law or equity, of, in and to the bargained premises, with the hereditaments and appurtenances (the "Real Property"), together with: i. All rights to ditches, reservoirs, and wells, and all adjudicated and unadjudicated water rights and rights to surface water and ground water on, under, used upon or in connection with or otherwise appurtenant to, the Real Property; ii. All mineral interests in, to and under the Real Property not heretofore conveyed, excepted, or reserved by others; and iii. All rights of way, easements, licenses, permits, unexpired leases and other real property interests necessary for the operation of the Substations, including but not limited to those identified on Exhibit B-1 attached hereto (the "Other Interests"); provided, however, that the substation located on that part of the Real Property commonly known as Rifle 345 kV sub Area E, and the warehouse located on the Real Property commonly known as the Rifle Warehouse are specifically excluded from the Real Property conveyed herein. BOOK 828 PAcE987 c. Personal Property. Undivided ownership interests to Tri-State and PSCo as specified on Exhibit B, attached hereto, in all other furniture, fixtures, equipment and other tangible personal property which is located on the Real Property or Other Interests; exclusive, however, of (i) all inventory, tools, spare parts, shop and garage equipment, stores equipment, power operated equipment and other materials and supplies which are located at, related to or used in connection with the Substations and (ii) all telecommuni- cations equipment located at the Substations, including but not limited to, microwave, two-way radio, telephone, satellite, fiber optic equipment and related towers and structures (the "Personal Property"). Excepting and excluding from this conveyance the federal income tax ownership and unrelated tax benefits associated with Rifle 345 kV Transmission Sub Area A and Rifle 345 kV Transmission Sub Area B heretofore conveyed by Colorado -Ute to Norfolk and Western Railway Company ("N & W") pursuant to a Safe -Harbor Lease dated September 20, 1982 between N & W and Colorado -Ute. 2. Severance. The GRANTORS hereby reserve all right, title and interest in and to the telecommunication equipment located on or affixed to the Real Property and Other Interests, including, but not limited to, all microwave, two-way radio, telephone, satellite, fiber optic equipment and related towers and structures, and the GRANTORS intend that such telecommunications equipment be severed from the Real Property and Other Interests, even if physically attache thereto and deemed to be personal property. The GRANTORS f ur ocher reserve a license in and to the Real Property and Other Interests upon which such telecommunications equipment is located, which license shall permit the GRANTORS, and their successors and assigns, to allow the telecommunications equipment to remain located on such Real Property and Other Interests. The license hereby created shall be perpetual and rent free; provided, that, such license shall automatically terminate at such time as the telecommunications equipment is no longer utilized by the owner or owners of such equipment. 3. Capacity Entitlement. An entitlement for Tri-State and PSCc to make use of the transfer capability of the Substations in the manner specified on Exhibit C, attached hereto, (the "Capacity Entitlements"). The Capacity Entitlements are subject to and may be modified from time to time in accordance with, the terms of that certain Contract for Interconnections and Transmission Service dated as of April 15, 1992 by and between Tri-State and PSCo. The ownership interests in the Substations are specifically subject to the respective Capacity Entitlements of Tri-State and PSCo which are herein assigned. Boot( 828 rAu9SS 4. Permitted Liens. The Conveyed Assets are hereby granted, bargained, sold, conveyed and assigned pursuant to the Order free and clear of all liens, claims, encumbrances, rights of third parties and interests to the extent effected by the Order except for the liens for current real property, personal property or ad valorem taxes which are not yet due and payable, which liens are permitted under the Order (the /°Permitted Liens"). 5. Special Warranty: Limitatioacin Warranties. a. The Trustee hereby covenants with the ®888, their successors and assigns to the Conveyed Assets, that the Trustee has not, for his part, done, executed, or suffered any act or thing whatsoever whereby the above-described Conveyed Assets or any part thereof, now or at any time hereafter, shall be imperiled, charged, or encumbered in any manner whatsoever other than the Permitted Liens, and the Trustee hereby agrees that he shall warrant and defend the title to the Conveyed Assets against all and every person and persons claiming the whole or any part thereof through or under the Trustee. b. The Trustee, for himself and his successors and assigns, covenants with the GRANTEES and their successors and assigns to the Conveyed Assets that the Trustee has good and lawful right to grant, bargain, sell, assign and convey all right, title and interest, if any, of the GRAWTORS in and to the Conveyed Assets pursuant to the Order, and that all acts, conditions, and things required by law to be performed by the Trustee relating to the authority of the Trustee to execute and deliver this instrument have happened or have been performed in a form and manner as required by law. BOOS 828 ncE9S9 c. NOTWITHSTANDING ANY STATEMENT OR ANYTHING ELSE IN THIS SPECIAL WARRANTY DEED, ASSIGNMENT AND BILL OF SALE TO THE CONTRARY, EXCEPT AS EXPRESSLY SET FORTH IN PARAGRAPHS 5(a) AND 5(b), THE TRUSTEE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER TO GRANTEES OR GRANTEES' SUCCESSORS AND ASSIGNS. IN WITNESS WHEREOF, this instrument has been executed by the GRANTORS on the date set forth above. THE TRUSTEE COLORADO -''TE ELECTRIC ASSOCIATION, INC. J2-- By Victor H. Palmieri Victor H. Palmieri, Trustee STATE OF NEW JERSEY ) ) ss. } COUNTY OF The foregoin instrument was acknowledged before me this day of , 1992, by Victor H. Palmieri, as Trustee for the Estat4f Colorado -Ute Electric Association, Inc. and in Bankruptcy Case No. 90B03761C, United States Bankruptcy Court for the District of Colorado. Witness my hand and official seal. ary '•ub is My Co ission expires: WAIVER OF RIGHT TO PARTITION So long as the Substations which are owned on an undivided basis by Tri-State and PSCo, or any part thereof as originally constructed, reconstructed or added to is used or useful for the transmission of electrical power and energy, or to the end of the period permitted by applicable law, whichever first occurs, Tri-State and PSCo each hereby waive their right to partition, whether by partition in kind or sale and division of the proceeds thereof, and agree that they will not resort to any action at law or in equity to partition and further waive the benefit of all laws that may now or hereafter authorize such partition of the Conveyed Assets comprising such Substations. All instruments of conveyance which effect, evidence or vest the ownership interests of Tri-State or PSCo in a grantee or such grantee's successors and assigns shall contain this waiver Ito tru nrat R96 of right to partition. It is deemed to run with the land. PUBLIC SERVICE COMPANY OF COLORADO B' is Attest BOOK SZS PAGES agreed that this covenant shall be TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, By tC)Ltt ;7 C571 By Its carol J. 1:....'.e Assistant Secretary STATE OF COLORADO ss. COUNTY OF DENVER Attest: • Its '-1 ',4 9 The foregoing instrument was acknowledged before me this day o 19144-x' , 1992, by I.). and in their capacity as /D, and , respectively, of Tri-State Generation and Transmis ion Association, Inc., a Colorado cooperative association. Witness my hand and official seal. STATE OF COLORADO COUNTY OF DENVER ) ) ) SS. Notary Public My Commission expires: The oregoing instrument was acknowledged before me this i rL day of i ;� 1992 , by ie. �' 1� and �t-tt in their capacity as ,t• 0./J2 u Th respectively, of Public erv1ce Company a Colora4 corporation. Witness my hand and official - 5 - ad mil Nota ri ublic My Commission expires: ins anirmit aselik an that Ve /are a V, am! ea1By9 ellbe ong.,,31 _ on Na ti aeq I (11 icdal custody. CGer W m,., . E.XHIBiT A UNITED STATES BANKRUPTCY COURT Ey_- OR THE DISTRICT OF COLORADO IN RE: COLORADO -UTE ELECTRIC ASSOCIATION, INC., Debtor. ®ol 82S Par,E99l FILED —,RADFORD L BOLTON, CLEPK Ery r. • .i is 09 U.S. BANKRUPTCY COURT DISTRICT OF COLOrtA00 Bankruptcy Case No. 90 B 03761 C ORDER CONFIRMING SECOND AMENDED JOINT PLAN OF REORGANIZATION, AS MODIFIED, PROPOSED BY PUBLIC SERVICE COMPANY OF COLORADO, PACIFICORP ELECTRIC OPERATIONS, TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. AND INTERMOUNTAIN RURAL ELECTRIC ASSOCIATION THIS case came before the Court for hearing on February 7, 1992, to consider confirmation of the Second Amended Joint Plan of Reorganization proposed by Public Servi_ce Company of Colorado, PacifiCorp Electric Operations, Tri-State Generation and Transmission Association, Inc. and Intermountain Rural Electric Association, as modified in Post Solicitation Modifications to Second Amended Joint Plan of Reorganization dated January 28, 1992 and February 7, 1992 and this Order .("Plan"),I The Court has reviewed the records and files in this case and considered the following: A. The objections to confit,nation of the Plan filed by: 1. Associated Electric and Gas Insurance Limited and Aegis Insurance Services, Inc.; 2. Centel Electric Company, Centel Corporation, and UtiliCorp United, Inc.; 3. William V. Taylor; 4. The United States Department of Energy, including the Department of Energy's Western Area Power Administration; 5. Central Bank, National Association, as indenture trustee; 'Capitalized terms used and not defined in this Order shall have the meaning given to such terms in the Plan (including the Asset Purchase Agreement). 4i BOOK 828 PA1E992 6. Norwest Bank Minnesota, National Association; 7, Pyropower Corporation; and 8. United States Trust Company of New York, as Trustee, and the Owner Participants; B. The memoranda filed by certain parties in support of and in opposition to the objections, the written and other testimony offered by the Plan Proponents and accepted by the Court at the February 7, 1992 hearing, and the testimony introduced by other parties in interest at the hearing; C. The exhibits offered and admitted into evidence by all parties at the February 7, 1992 hearing; D. The offers of proof, arguments and stipulations made by counsel for the various parties at the February 7, 1992 hearing; and E. The Plan, the Motions to Approve Post Solicitation Modifications to Second Amended Joint Plan of Reorganization (the "Motions to Modify") , the Disclosure Statement and the Certificates of Service with respect to the Notice of the confirmation hearing and related procedural matters. Based upon the foregoing the Court, being fully advised, makes the following findings of fact and conclusions of law: FINDINGS QF FACT 1. Colorado -Ute Electric Association, Inc. ("Debtor") filed its voluntary petition under Chapter 11 of the Bankruptcy Code on March 30, 1990, in the United States Bankruptcy Court for the District of Colorado. On or about August 17, 1990, Victor H. Palmieri was approved by the Court as Trustee for the Debtor. 2. Public Service Company of Colorado ("PSCo"), PacifiCorp Electric Operations ("PacifiCorp"), Tri-State Generation and Transmission Association, Inc. ("Tri-State"), and Intermountain Rural Electric Association ("IREA") (collectively "Plan Proponents"), filed their Second Amended Joint Plan of Reorganization in this case dated December 19, 1991. That Plan was modified on January 28, 1992 and February 7, 1992. 3. After due and proper notice to all parties in interest in connection with this case, the Disclosure Statement for the Plan was approved by the Court by Order dated December 20, 1991. 4. After approval of the Disclosure Statement, the Plan Proponents caused copies of the approved Disclosure Statement, the 2 BOOK 828 P*GE993 Plan, ballots for accepting or rejecting the Plan, and the Order fixing the time for submission of ballots and for filing and serving objections to confirmation of the Plan to be served upon all parties in interest in this case in accordance with the orders of the Court, the local rules applicable in this District, the Federal Rules of Bankruptcy Procedure, and the applicable provisions of the Code, and notice of the order approving the Disclosure Statement to be published in accordance with its terms. Notice of the confirmation hearing and of the date for voting on and filing and serving objections to the Plan is adequate and proper in all respects. 5. on January 28, 1992 and Februai':y 7, 1992, the Plan Proponents filed and served their Post -Solicitation Modifications and the Motions to Modify. None of the modifications adversely change the treatment of any class of claims that has not consented to such modifications. 6. The Plan complies with all applicable provisions of Title 11. 7. The Plan Proponents have complied with all applicable provisions of Title 11. 8. The Plan has been proposed in good faith and not by any means forbidden by law. 9. Any payment made or to be made by the P' ,n Proponents, the Debtor, the Trustee, or a person issuing secu_ pies or acquiring property under the Plan, for services or for costs and expenses in or in connection with the case, or in connection with the Plan and incident to the case, has been approved by, or is subject to the approval of, the Court as reasonable. 10. The Plan Proponents have disclosed the identity and affiliations of any individuals proposed to serve, after confirmation of the Plan, as a director, officer, or voting trustee of the Debtor, an affiliate of the Debtor participating in a joint plan with the Debtor, or a successor to the Debtor under the Plan; the appointment to or continuance in such office of such individual is consistent with the interests of creditors and equity security holders and with public policy; and the Plan Proponents have disclosed the identity of any insider that will be employed or retained by the Debtor and the nature of any compensation for such insider. 11. Any governmental regulatory commission with jurisdiction, after confirmation of the Plan, over the rates of the Debtor, has approved any rate change provided in the Plan, or such rate change is expressly conditioned on such approval. BOOK 828 PacE994 12. with respect to each impaired class of claims or interests, each holder of a claim or interest of such class has either accepted the Plan or will receive or retain under the Plan on account of such claim or interest property of a value, as of the Effective Date of the Plan, that is not less than the amount that such holder would so receive or retain if the Debtor were liquidated under Chapter 7 of Title 11 on such date. 13. Classes 1, 3 (b) (1) , 3 (b) (4) , 4 (a) , and 6(a) are not impaired under the Plan. Classes 2(a)(1), 2(a)(2), 2(a)(3), 2(a) (4), 2(b), 2(c) (1), 2(c) (2), 2(d) (2) through (7), 3(a), 3(b) (3), 4(b), 5(a), 5(b), 6(b), 7(a) and 7(b) have accepted the Plan. Therefore, except as provided in Paragraph 20 of this Order, with respect to each class of claims and interests, each such class has either accepted the Plan or is not impaired under the Plan. 14. Except to the extent that the holder of a particular claim has agreed to a different treatment of such claim, the Plan provides that; with respect to a claim of the kind specified in Section 507(a)(1) or (2) of the Code, on the Effective Date of the Plan the holder of such claim will receive on account of such claim cash equal to the allowed amount of such claim, with respect to a class of claims of a kind specified in Section 507 (a) (3) , (4) , (5) , or (6) of the Code, each holder of a claim of such class will receive cash on the Effective Date of the Plan equal to the allowed amount of such claim; and with respect to a claim of a kind specified in Section 507(a) (7) of the Code, the holder of such claim will receive on account of such claim cash on the Effective Date of the Plan equal to the allowed amount of such claim. 15. At least one class of claims that is impaired under the Plan has accepted the Plan, determined without including any acceptance of the Plan by an insider. 16. Except to the extent that liquidation is proposed in the Plan, confirmation of the Plan is not likely to be followed by the liquidation or need for further financial reorganization of the Debtor or any successor to the Debtor under the Plan. 17. All fees payable under 28 U.S.C. Section 1930, as determined by the Court at the hearing on confirmation of the Plan, have been paid or the Plan provides for the payment of such fees on the Effective Date of the Plan. 18. The Plan provides for the continuation, after the Effective Date, of payment of all retiree benefits, as that term is defined in Section 1114 of the Code, at the level established pursuant to subsection (e)(1)(B) or (g) of Section 1114 of the Code at any time prior to confirmation of the Plan for the duration of the period the Debtor haf Thligated itself to provide such benefits. 4 �...) BOOK 828 PAGE995 b ` 19. All conditions to confirmation of the Plan contained in Section 7.1 of the Plan have been either satisfied or duly waived by the Plan Proponents in accordance with the provisions of the Plan. 20. Notwithstanding Paragraph 13 of this Order, all of the applicable requirements of Section 1129(a) of the Code, other than Section 1129 (a) (8) , are met with respect to Class 2 (d) (1) . With respect to such Class, the Plan Proponents modified the Plan at the Confirmation Hearing to delete paragraphs 6.11(e), 5.4(a)(i) and 5.4(a)(ii) of the Plan, and to substitute the following as Paragraph 5.4(a) (i) of the Plan: "The Trustee shall establish an interest bearing account known as the 'Pyropower Reserve Account' on the Effective Date. Pyropower's lien shall transfer to the Pyropower Reserve Account. PSCo, PacifiCorp and Tri-State will each fund the Pyropower Reserve Account on the Effective Date with cash or a clean letter of credit in the amount of $2,000,000 each. When the Class 2(d)(1) Claim shall have been Allowed or disallowed by a Final Order, the Trustee shall, unless the Claim was disallowed, make a draw against any such Letters of Credit in an amount equal to one-third of such Allowed Class 2(d) (1) Claim and the Trustee shall pay to Pyropower from the Pyropower Reserve Account the amount of the Allowed Class 2(d)(1) Claim. Immediately thereafter, the Trustee shall: (1) return the original Letter of Credit to the Plan Proponent who furnished it; and (2) pay the balance of the Pyropower Reserve Account pro rata to each Plan Proponent who deposited cash, instead of a Letter of Credit, into the Pyropower Reserve Account." Pyropower consented to the foregoing modifications and withdrew its Objection to confirmation of the Plan. 21. With respect to Class 4(b), the Court finds that in the event Class 4(b) has not accepted the Plan pursuant to § 1129(a) of the Code, the Plan is fair and equitable and does not discriminate unfairly with respect to such Class for the reasons stated of record by the Court at the Confirmation Hearing. CONCLUSIONS OF LAW Upon the foregoing, it is ORDERED, ADJUDGED AND DECREED: A. The Motions to Modify are granted and the modification contained in Paragraph 27 of this Order is approved. eoOK 82S N3E996 5. The Plan is hereby confirmed in accordance with Section 1129 the Code. C. The assumption and assignment or rejection of contracts and leases, as provided in the Plan, i:.; approved. D. The sales of Assets, as provided in the Plan, is approved and, to the extent provided in the Plan, such Assets are sold to the respective purchasers free and clear of all liens, claims, encumbrances, rights of third parties and interests. E. The Trustee is authorized and directed to take all steps necessary and appropriate to implement and consummate the Plan and all of the transactions contemplated in the Plan, including but not limited to execution and performance of the Asset Purchase Agreement in substantially the form attached to the Plan as Exhibit 1. F. The Plan Proponents shall, promptly after entry of this order, give notice by mail of the entry of this Order of Confirmation to each party who received notice of the Confirmation Hearing. G. The property of the Estate shall not revest in the Debtor. H. Notwithstanding Paragraph 7..3 of the Plan and any other provision of the Plan that would 'permit waiver of the conditions contained in the Plan or the Asset Purchase Agreement, the conditions contained in Section 10.02(d) of the Asset Purchase Agreement shall not be waived. I. The following Stipulation among the Plan Proponents and the Creditors' Committee is approved: "No Allowed Class 6(b) Claims of Salt River or Platte River which arise from the assumption or assumption with modifications of the Yampa Project Participation Agreement or Hayden Participation Agreement shall be entitled to be paid from Fund II." J. The Court r extent provided by th U.S.C. § 133 urisdiction over this case to the tcy Code, 28 U.S.C. § 157 and 28 NOTICE OF ENTRY ON DOCKET Notice is Hereby Ginn that Pursuant to Huls F.R.B.P., the Foregoing Order of Judgma was i 7 Entered Sjt ! By saonkr2.p1d atricia Ann Clark United States Bankruptcy Judge attar and airily Tee an that the foregoing k /are a Wit, true and carred ore °t the original on Re in . mp; ado* and in my MOW custody "d Cast tr UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO BOOK 828 PAG€99 FILED BRADFORD L BOLTON, CLERK MAR 2 01992 e.s. nr.,;; ,. , ,C; D;STFICT OF CULCv:: . F IN RE: Bankruptcy Case No. 90 B 03761 C COLORADO -UTE ELECTRIC ASSOCIATION, INC., Debtor. ORDER GRANTING MOTION FOR MODIFICATION OF THE CONFIRMED SECOND AMENDED JOINT PLAN OF REORGANIZATION AND FOR CORRECTION OF CLERICAL ERROR IN CONFIRMATION ORDER This matter is before the Court upon the Motion for Modification of the Confirmed Second Amended Joint Plan of Reorganization and for Correction of Clerical Error in Confirmation Order ("Motion") filed on March 3, 1992, by Public Service Company of Colorado, PacifiCorp Electric Operations, Tri-State Generation and Transmission Association, Inc., and Intermountain Rural Electric Association (collectively, the "Plan Proponents"). Notice having been given pursuant to Local Rule 23 and the Court having received no timely filed objections, it is therefore ORDERED that the Plan Proponents are permitted to modify their Second Amended Joint Plan of Reorganization (the "Plan") submitted in the above -captioned case by making the Proposed Modifications set forth in Exhibit A to the Motion. IT IS FURTHER ORDERED that the Proposed Post -Confirmation Modifications are hereby approved and that the Plan is hereby confirmed as modified by the Proposed Post -Confirmation Modifications. IT IS FURTHER ORDERED that the Confirmation Order dated February 19, 1992, previously rendered by this Court in this bankruptcy action is hereby corrected by changing the reference in paragraph A of the Confirmation Order from "paragraph 27" to "paragraph 20". IT IS FURTHER ORDERED that the Notice given of the Motion pursuant to Local Rule 23 is hereby, approved..* DATED this Q day of j ; CX— 1992. fur 14,e( Proponer-}s Shit Serve. Q coel 4 }y, s Uroter LApo„ all 'yor-��5in Patricia Ann Clark United States Bankruptcy Judge THE COURT: BOOK 828 P!3E998 EXHIBIT B GARFIELD COUNTY 1. To each of the GRANTEES an undivided 50% ownership interest in and to the following personal property: Substation: Rifle 345 kV Substation Area E Together with an undivided 50% interest to each of the GRANTEES in and to the Substation Equipment and Personal Property. 2. To PSCo an undivided 100% ownership in and to the following property: Substation: Rifle 345 kV Transmission Substation Area D Together with an undivided 100% interest in and to the Substation Equipment and Personal Property. 3. To PSCo an undivided 100% ownership interest in and to the following property: Substation: Rifle 345 kV Transmission Substation Area B Together with an undivided 100% interest in and to the Substation Equipment and Personal Property. 4. To PSCo an undivided 100% ownership interest in and to the following property: Substation: Rifle Transmission Substation Area A Together with an undivided 100% interest in and to the Substation Equipment and Personal Property. BOOK $28 134E999 EXHIBIT "i3-1" QARFIELU COUNTY RIFLE SUBSTATION USBR NEW RIFLE SUBSTATION (Rifle 345 kV Sub Area E) (Rifle 345 kV Trans Sub Area D) (Rifle 345 kV Transmission Sub Area B) (Rifle Transmission Sub Area A) SE1/4NE1/4SW1/4 OF SECTION 14, AND NE1/4 SE1/4 SW1/4 OF SECTION 14, ALL IN TOWNSHIP 6 SOUTH RANGE 93 WEST OF THE 6TH PM, GARFIELD COUNTY, COLORADO. AND SW1/4SE1/4 SECTION 14 TOWNSHIP 6 SOUTH RANGE 93 WEST OF THE GTH P.M., GARFIELD COUNTY, COLORADO Instrument #96 EXHIBIT C CAPACITY ENTITLEMENTS Substation 1. Rifle 345 kV Substation Area E BOOK 828 PACE cicIcl Tri-State Capacity PSC° Capacity_ Entitlement Entitlement 2. Rifle 345 kV Transmission Substation Area 3. Rifle 345 kV Transmission Substation Area B 4. Rifle Transmission Substation Area A 50% 50% 50% 50% 50% 50$ 50% 50% P "i r Ina III.J PARACHUTE SUBSTATION pnRnraurcR MORRJSAM4Mk.saan Battlement Mesa Battlement Reservoirs Legend 0 Substation +++-f Railroad iltPotentialAlignment — — • Xcel / PSCo Pipeline — Interstate Stream — - Federal Highway S Water Body - State Highway DCounty Boundary County / Local Road — White River 69kV Transmission Line IXISubdivision Existing Xcel/PSCo Transmission Line Land Owner 345 kV LEIBLM - 230 kV IMUSFS - 138 kV — 69 kV Date: 9/16/2014 RIFLE - PARACHUTE Project Vicinity Xcel Energy' RECORDED "l ' O'CLOCK, .M. REC # 459915 MAR 3 1994 MILDRED ALSDORF, GA.RFIELD COUNTY CLERK, SPECIAL WARRANTY DEED AND BILL OF SALE 800X0894 PAG; 373. (Warehouse) (LRI Parcel) GARF1i LD State Doc. Fee MAR 0 3 1994 FOR A VALUABLE CONSIDERATION, the receipt of which is acknowledged, the undersigned, TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. a=Colorado cooperative association, whose address is 12076 Grant Street, Thornton, Colorado 80241 ("Grantor") has granted, bargained, sold, conveyed and assigned and; by these presents does hereby grant, bargain, sell, convey and assign unto PUBLIC SERVICE COMPANY OF COLORADO a Colorado corporation, whose address is 1225 17th Street, Denver, Colorado 80202 ("Grantee") all right, title, and interest of the Grantor in and to the following: Real Property. 100% of the real property lying and being in the County of Garfield, State of Colorado, legally described on Exhibit "A" attached hereto, together with all and singular the hereditaments and appurtenances thereto belonging, or in any way appertaining thereto, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title interests, claims and demand whatsoever of the Grantor, either in law or equity, of, in and to the bargained premises, ("Real Property"), excepting and reserving the Grantor's interest in and to the improvements constituting the Craig -Rifle 345 kV transmission line and the Rifle -San Juan 345 kV transmission line that presently cross the Real Property. 2. Water Rights. All rights to ditches, reservoirs, and wells, and all adjudicated and unadjudicated water rights and titles to surface water and ground water on, under, used upon or in connection with or otherwise appurtenant to the Real Property. 3. Mineral Interests. All mineral interest in, to and under the Real Property not heretofore conveyed, excepted, or reserved by others. 4. Warehouse. All interest in and to that certain warehouse, and the fixtures and equipment appurtenant thereto, commonly known as the Rifle Warehouse, and located on the real property legally described in Exhibit "B" attached hereto. Please Return to Don Ford Chicago Title of Colorado, Inc 1875 Lawrence - suite 1200 Denver, Co 80202 G-64CLei4 800K0894Pi;GF374 TO HAVE AND TO HOLD unto the Grantee, and to its successors and assigns, forever, subject to all reservations and exceptions in patents from the United States or the State of Colorado and existing easements and rights-of-way, all building, use, zoning, sanitary and environmental restrictions, and waivers of record, taxes and assessments for 1993 and subsequent years; and mineral and royalty reservations or conveyances and oil and gas leases. Grantor, for itself, and its successors and assigns, expressly limits the covenants of this Deed to those herein expressed, and warrants and covenants to Grantee only that prior to the execution of this Deed, and except as to those encumbrances and conveyances made by Grantor which are included within the exceptions described hereinabove, Grantor has not conveyed the above-described Page 2 of 3 B0ox0894 PKCi 375 property, or any rights, title, or interest therein, to any person other than the Grantee, and that the above-described property is free from encumbrances done, made, or suffered by the Grantor or any person claiming under it. DATED this 15th day of February , 1994. By: William W. Dalles Its: Secretary STATE OF COLORADO 1 COUNTY OF ADAMS ss TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. a Colorado cooperative association By: Harold J. Thompson Its: President The foregoing instrument was acknowledged before me this 15th day of February , 1994, by Harold J. Thompson and William W. • Dalles , in their capacity as President and Secretary, respectively, of Tri-State Generation and Transmission Association, Inc., a Colorado cooperative association. Witness my hand and official seal. . DONNA E. WAKEFIELD [SEAINOTARY PUBLIC ,TATE OF COLORADO .. e., v4.r..,n,,.o.r.,...N.4.a**L+vM�+� Commission Expires: 12/8/96 . l_i(_) Q W Z -r', ( �, l Notary Public Page 3 of 3 EXHIBIT "A" BooK0894 PAci 376 LEGAL DESCRIPTION OF THE REAL PROPERTY GARFIELD COUNTY Rifle Substation (Land Resources, Inc.) TOWNSHIP 6 SOUTH, RANGE 93 WEST SECTION 14: SE'/4 SE'/4 SW % GARFIELD COUNTY, COLORADO EXHIBIT "B" 04 )894 PACT377 LEGAL DESCRIPTION OF THE WAREHOUSE LOCATION GARFIELD COUNTY Rifle Warehouse Rifle Substation USBR New Rifle Substation (Rifle 345 kV Sub Area E) (Rifle 345 kV Trans Sub Area D) (Rifle 345 kV Transmission Sub Area B) (Rifle Transmission Sub Area A) SE %4 NEN SW'/4 OF SECTION 14, AND NE'/4 SE %4 SW% OF SECTION 14, ALL IN TOWNSHIP 6 SOUTH RANGE 93 WEST OF THE 6TH PM, GARFIELD COUNTY, COLORADO. AND SW'/4 SE'/4 SECTION 14 TOWNSHIP 6 SOUTH RANGE 93 WEST OF THE 6TH P.M., GARFIELD COUNTY, COLORADO. Future Land Use Map Garfield County Comprehensive Plan 2030 as Amended /5Fty, Greenway Trail j/ji Floodplain Open Space/Public Land h ' Conservation Easement QUnincorporated Community x Water & Sewer Service Area 41 11 �1 Area of Influence (3 miles) Urban Growth Area Industrial Mixed Use Commercial Res H (1/3 TO <2Ac/Du)* Res MH (2 TO <6Ac/Du)* Res M (6 TO <10 Ac/Du) Res L (10+ Ac/Du) Resource Production/Natural PC Garfield County LSMapllles%Comprehenslvep'an12030PIantCompPlanCounry7538rxd Re inion 13: 1248-13 Miles Regional Employment Center Town Center Rural Employment Center Village Center Legend (PSCo Data) • Substation o' Preferred Route DISCLAIMER: This map was produced by Garfield County Geographic Information Services utilizing the Arelnfo Geographic Information System (GIS). The GIS and its components are designed as a source of reference for answering queries. modeling, and Planning. The GIS is not a substitute for official govemmenl records maintained by the Planning Department. the County Clerk and Recorders Office, the Assessors Office, or for any legal description Information In the chain of title. In addition, the representation of geographic locebons by the GIS may not be substituted for actual legal surveys. Always refer to the sources cited for Ne most current legal documentation utilized in the composition of Iles map. The information contained herein is believed to be accurate and suitable for the limited uses set forth above. Garfield County makes no warranty as to the accuracy or suilabhly of any Information contained herein for any other purposes. The user shall assume all risk and responsibility far any and all damages. Including consequential damages. which may propagate from the user's application of this information. The Garfield County Planning Commission hereby certifies the Garfield County Comprehensive Plan 2030 Future Land Use Map as amended by Resolution PC -2013-06 on October 9. 2013 to the Board of County Commissioners of Garfield County, o the B.gards of County Commissioners of the counties lying wholly or partly within the region ''avid 0' e,pla v ngpowm ssions of all municipalities within the County. As witness therein, Che'l- a Secretary to the Planning Commission Revisions: I. Originally adopted November 1% 2010 by Resolution PC -2010-02. 2. Amended September 28, 2011 per Resolution PC -2011.04. 3. Amended February 13, 2013 per Resolution PC -2013-01. 4. Amended October 9.2013 per Resolution PC -2013.06. 223 .2331 PARACHUTE --RIFLE (UTE) 233, rt - n Garfield Cuunly Landfill - (UTE) �- - Rulison 319 309 PARACHUTE '1111; (ST' r. ,1q("(.lel LII". 354 1 SONN V4 S St INtilk 0. 303 • 322 Xcel Energr Location: PROJECT DESCRIPTION Parachute Substation (PARA) Operating Co: PSC Date: 09/18/2014 Substation Engineering and Design Project Title: PARA -ADD 230kV UTE-RIFLE LINE TERMINATION Project (W.O.) Number: In -Service Date: Parent Number: Program Manager: Project Manager: Prepared By: HD Estimate Name: Estimate Type, Amount: Transmission Asset Planning 11948075 May 01, 2016 11926170 Bill Anderson George Sanders Subesh Aryal PARA-SEr2-New 230kV Line to Ute - Rifle Scoping -- $2,023,780 I. Project Purpose & Scope The scope of this project is to construct a new 230kV bay at Parachute substation consisting of two 230kV SF6 circuit breakers, five gang switches, three surge arresters, and a CCVT to terminate a new 230kV Ute Rifle/Parachute line. Two dead-end towers adjoined by a girder will also be constructed. The new 230kV line will have OPGW installed. Hence, the pilot protection for this new transmission line will utilize fiber optic cable as a communication medium between each end of the line. The new line is expected to be brought into the Parachute substation from the east side. The existing 230kV east and west strain buses are expected to be reused for this project. For this reason, the five gang switches to be installed are expected to be of 'V' type switches as they have smaller footprints than their vertical break counterparts. Installing 'V' switches instead of vertical break switches will eliminate the need to rebuild the 230kV bus sections. Please refer to one -line budget and General Arrangement budget drawings for details. The in -service -date for this project is expected to be May 01, 2016. 1 Public Service Company of Colorado Xcel Rifle to Parachute 230kV Transmission Line Xcel Rifle to Parachute Transmission Line Public Scoping/Outreach Date Description Location/method October 31, 2012 Newspaper public notification Glenwood Post Independent November 1, 2012 Newspaper public notification Rifle Citizen Telegraph November 3, 2012 Newspaper public notification Grand Junction Daily Sentinel October 2012 Brochure sent to all interested parties and landowners within 0.25 mile of the project area (including all alternatives)* United States Post Office November 7, 2012, 4:00 pm to 7:00 pm Open House* Rifle Public Library, Rifle, CO November 8, 2012, 4:00 pm to 7:00 pm Open House* Grand Valley Fire Protection Dist. Station #1, Parachute, CO March 5, 2013, 4:00 pm to 7:00 pm Open House* Rifle Public Library, Rifle, CO April 2 and April 15, 2013 Landowner permission for survey letters sent to all landowners with parcels in the proposed project area (included all alternative routes) Via certified letter April 2013 Private meetings with two concerned landowners and PSCo representatives *Attendees were encouraged to sign in, given comment cards, and encouraged to submit comments in writing. BLM management was present to answer questions. BLM received 17 written comments from the public, via comment cards from the open houses, letters, and emails. Participants at the public meetings also provided oral comments. Agency letters were received from Colorado Parks and Wildlife (CPW) and U.S. Fish and Wildlife Service (FWS). All comment letters were reviewed for substantive comments and concerns and issues were considered and addressed in the environmental analysis. Public Outreach Description Garfield County Location and Extent Review, 2015 Page 1 of 1 Xcel Energr Location: PROJECT DESCRIPTION Rifle Ute Substation (LITER) Operating Co: PSC Date: 12/11/2014 Substation Engineering and Design Project Title: UTER-ADD 230kV PARACHUTE LINE TERMINATION Project (W.O.) Number: In -Service Date: Program Manager: Project Manager: Prepared By: HD Estimate Name: Estimate Type, Amount: Transmission Asset Planning 11948011 May 01, 2016 Bill Anderson George Sanders Tim Lougheed UTER-SEr0-11948011-Revised New 230kV Line to Parachute Scoping -- $4,393,636 I. Project Purpose & Scope The purpose of this project is to construct a second 230kV Line (twenty one (21) miles) termination at Rifle Ute to connect to Parachute substation. Currently, Rifle Ute is configured as a three position main -and -transfer bus. In order to meet the Substation Design criteria, the configuration needs to be rebuilt to a ring bus configuration. The main and transfer bus will be rebuilt, 3 new breakers will be installed to form a ring bus. The new Parachute line will terminate on the west side of the new expansion, and Rifle line 3007 will be relocated to terminate off the north side of the ring bus. Three CCVTs and arresters will be installed in each of the positions. Existing CCVTs will be reused where possible. Metering and relaying for the existing positions will remain. The in -service -date for this project is expected to be May 01, 2016. Background This work is part of system improvements to serve the load growth anticipated at the Una Orchard, Starkey Gulch, Middle Fork (Bench) and Bluestone Valley substations. 1 RECORDED AT /".1 O`CLOCK 4'.M. OR 17 au' REC #43:3"1'52 MILDRED ALSDORF, COUNTY CLERK 1‘, BOOK 829 PAGE162 473898 8-577 P-786 04,,%16;:9:2 11:25 PG .1 OF 11 REC DOC JOHNNETTE PHILLIPS EAGLE COUNTY CLERK, COLORADO 55..00 0.00 SPECIAL WARRANTY DEED AND ASSIGNMENT THIS SPECIAL WARRANTY DEED AND ASSIGNMENT is made as of the 15th day of April, 1992, from Colorado -Ute Electric Association, Inc., a Colorado cooperative association, whose address is 1845 South Townsend Avenue, Montrose, Colorado, ("Colorado=Ute"), Victor H. Palmieri whose address is 245 Park Avenue, 35th Floor, New York, New York (the "Trustee") , as Trustee for the Estate of Colorado -Ute Electric Association, Inc., in Bankruptcy Case No. 90 B 03761 C, United States Bankruptcy Court for the District of Colorado (the "Court"), GRANTORS, to Public Service Company of Colorado,a Colorado corporation, whose address is 1225 17th Street, Denver, Colorado 80202 ("PSCo"), GRANTEE. This instrument is made pursuant to that certain order of the Court dated February 19, 1992, as supplemented by that order. of the Court dated March 20; 1992, in Bankruptcy. Case No. 90 B 03761 C (the "Order."), which Order is attached hereto as Exhibit A. The premises conveyed by this instrument are conveyed as Assets (as referred to 'in the Order) of Colorado -Ute which GRANTORS are authorized to sell pursuant to the Order. 1. Conveyance. The GRANTORS, for good and valuable consideration, the receipt and sufficiency.of which.are hereby acknowledged, have granted, bargained; sold, conveyed and assigned, and by these presents do grant, bargain, sell, convey and assign to GRANTEE, its successors and assigns forever, all of GRANTORS'. rights, title and interests in the water rights, 'well permits, licenses, leases and agreements described on Exhibit B, attached hereto, located in Garfield County and Eagle County, together with all of their. appurtenances, (the "Water Rights") in the manner specified on Exhibit B: 2. Permitted Liens. The. Water Rights are hereby .granted, bargained, sold, conveyed and assigned pursuant to the Order free and clear of all liens, claims, encumbrances, rights of third parties and interests to the extent effected by the Order, except for liens for current real property, personal property or ad valorem taxes which -are not yet due and payable, which liens are permitted under the Order ("Permitted Liens"). THIS SPACE INTENTIONALLY LEFT BLANK, Return To: Chicago Title of Colo., Inc. 1225 17th St., Suite 1570 Denver, CO 80202 Attn:. Don Ford Instrument No. 139 6 BOOK 829 PAGE183 • 4738998 8-577 P-786 04/ "/92 11:25 PG 2 OF 11 Special Warranty - Limitation on Warranties (a) The Trustee hereby covenants with the GRANTEE, its successors and assigns, that the Trustee has not, for his part, done, executed or suffered any act or thing whatsoever whereby the Property or any part thereof, now or at any time hereafter, shall be imperiled, charged or encumbered in any manner whatsoever other than the Permitted Liens, and the Trustee hereby agrees that he shall warrant and defend the title to the Property against any and all persons claiming the whole or any part thereof by, through or under the Trustee. (b) The Trustee, for himself and his successors and assigns, covenants with the GRANTEE and the GRANTEE'S successors and assigns to the Property that the Trustee has good and lawful right to grant, bargain, sell, assign and convey all right, title and interest of the GRANTORS, if any, in and to the Property pursuant to the Order, and that all acts, conditions and things required by law to be performed by the Trustee relating to the authority of the Trustee to execute and deliver this instrument have happened or have been performed in a form and manner as required by law. (c) NOTWITHSTANDING ANY STATEMENT OR ANYTHING ELSE IN THIS INSTRUMENT TO THE CONTRARY, EXCEPT AS EXPRESSLY SET FORTH IN THE PRECEDING PARAGRAPHS (a) AND (b), THE TRUSTEE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER TO GRANTEE OR GRANTEE'S SUCCESSORS AND ASSIGNS. IN WITNESS WHEREOF, this instrument has been executed by the GRANTORS as of the date set forth above. THE TRUSTEE Victor H. Palmieri STATE OF NEW JERSEY ) ) ss: COUNTY O ) COLORADO -UTE ELECTRIC ASSOCIATIO INC. By: • /moi Victor H. Palmieri, Trustee The foregoing instrument was acknowledged to before me this ay of March, 1992, by,Victor H. Palmieri, on behalf of Colorado -Ute Electric Association, Inc., and in his capacity as Trustee for the Estate of Colorado -Ute Electric Association, Inc., in Bankruptcy Case No. 90B03761C, United States Bankruptcy Court for the District of Colorado. Witness my hand and official seal. My commission expires: JT:r-':5EY _9 .i; Cornn�;ssroiZ c::;:ire�s dune .6, BOOK S29 PGE1 EXHIBIT UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO IN RE: COLORADO -UTE ELECTRIC ASSOCIATION, INC., Debtor. ED '')RADFORD LFILEOLTON, CLERK FEB 19 932 U.S. BANKRUPTCY COURT DISTRICT OF COLORADO_ Bankruptcy Case,No, 90 B 0376I.C, hereby attest In /27 '1. th e 00011110117 NCO* .•�� M1•to i:;/pre • fsti, tme rd.Certiaf' ot-W ,e �rigill�! on hM1, 7 aN191 •11A /6:11.1/6:11.1ingal CtlstI Sier OES , ma svy! en Av.F ;,y ORDER CONFIRMING SECOND AMENDED JOINT PLAN OF REORGANIZATIONyl.;i AS MODIFIED, PROPOSED BY PUBLIC SERVICE COMPANY OF COLORADO, PACIFICORP ELECTRIC OPERATIONS, TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. AND INTERMOUNTAIN. RURAL ELECTRIC ASSOCIATION THIS case came before the Court for hearing on February 7, 1992, to consider confirmation of the Second Amended Joint Plan of Reorganization proposed by Public Service Company of Colorado, PacifiCorp Electric Operations, Tri-State Generation and Transmission Association, Inc. and Intermountain Rural Electric 0.. Association, as modified in Post Solicitation Modifications to Second Amended Joint Plan of Reorganization dated January 28, 1992 and February 7, 1992 and this Order .("Plan").1 ry The Court has reviewed the records and files in this case and considered the following: C:^, A. The objections to confirmation of the Plan filed by: co N and UtiliCorp United, Inc.; g 3. William V. Taylor; N `r' 4. The United States Department of Energy, including the Department of Energy's Western z Area Power Administration; r-. rn 5. Central Bank, National Association, as indenture trustee; 1. Associated Electric and Gas Insurance Limited and Aegis Insurance Services, Inc.; 2. Centel Electric Company, Centel Corporation, 'Capitalized terms used and not defined in this Order shall have the meaning given to such terms in the Plan (including the Asset Purchase Agreement). BOOK 829 PAGE165 6. Norwest Bank Minnesota, National Association; 7. Pyropower Corporation; and 8. United States Trust Company of New York, as Trustee, and the Owner Participants; B. The memoranda filed by certain parties in support of and in opposition to the objections, the. written and other testimony offered by the Plan Proponents and accepted by the Court at the February 7, 1992 hearing, and the testimony introduced by other parties in interest at the hearing; C. The exhibits offered and admitted into evidence by all parties at the February 7, 1992 hearing; D. The offers of proof, arguments and stipulations made by counsel for the various parties at the February 7, 1992 hearing; and E. The Plan, the Motions to Approve Post Solicitation Modifications to Second Amended Joint Plan of Reorganization (the "Motions to Modify") , the Disclosure Statement and the Certificates of Service with respect to the Notice of the confirmation hearing and related procedural matters. Based upon the foregoing the Court, being fully advised, makes the following findings of fact and conclusions of law: FINDINGS OF FACT 1. Colorado -Ute Electric Association, Inc. ("Debtor") filed its voluntary petition under Chapter 11 of the Bankruptcy Code on March 30, 1990, in the United States Bankruptcy Court for the District of Colorado. On or about August 17, 1990, Victor H. Palmieri was approved by the Court as Trustee for the Debtor. 2. Public Service Company of Colorado ("PSCo"), PacifiCorp Electric Operations ("PacifiCorp"), Tri-State Generation and Transmission Association, Inc. ("Tri-State"), and Intermountain Rural Electric Association ("IREA") (collectively "Plan Proponents"), filed their Second Amended Joint Plan of Reorganization in this case dated December 19, 1991. That Plan was modified on January 28, 1992 and February 7, 1992. 3. After due and proper notice to all parties in interest in connection with this case, the Disclosure Statement for the Plan was approved by the Court by Order dated December 20, 1991. 4. After approval of the Disclosure Statement, the Plan Proponents caused copies of the approved Disclosure Statement, the 473898 8-577 P-786 04/d 6/92 Ji : 25 PG 4 OF Id 24pK 829 PAGE1G Plan, ballots for accepting or rejecting the Plan, and the Order fixing the time for submission of ballots and for filing and serving objections to confirmation of the Plan to be served upon all parties in interest in this case in accordance with the orders of the Court, the local rules applicable in this District, the Federal Rules of Bankruptcy Procedure, and the applicable provisions of the Code, and notice of the order approving the Disclosure Statement to be published in accordance with its terms. Notice of the confirmation hearing and of the date for voting on and filing and serving objections to the Plan is adequate and proper in all respects. 5. On January 28, 1992 and February 7, 1992, the Plan Proponents filed and served their Post -Solicitation Modifications and the Motions to Modify. None of the modifications adversely change the treatment of any class of claims that has not consented to such modifications. 6. The Plancomplies with all applicable provisions of Title 11. 7. The Plan Proponents have complied with all applicable, provisions of Title 11. 8. The Plan has been proposed in good faith and not by any means forbidden by law. 9. Any payment made or to be made by the P --,n Proponents, the Debtor, the Trustee, or a person issuing secu. .:ies or acquiring property under the Plan, for services or for costs and expenses in or in connection with the case, or in connection with the Plan and incident to the case, has been approved by, or is subject to the approval of, the Court as reasonable. 10. The Plan Proponents have disclosed the identity and affiliations of any individuals proposed to serve, after. confirmation of the Plan, as a director, officer, or voting trustee of the Debtor, an affiliate of the Debtor participating in a joint, plan with the Debtor, or a successor to the Debtor under the Plan; the appointment to or continuance in such office of such individual is consistent with the interests of creditors and equity security holders and with public policy; and the Plan Proponents have disclosed the identity of any insider that will be employed or retained by the Debtor and the nature of any compensation for such insider. 11. Any governmental regulatory commission with jurisdiction, after confirmation of the Plan, over the rates of the Debtor, has approved any rate change provided in the Plan, or such rate change is expressly conditioned on such approval. - 3 - 473898 B-577 P-736 04/16/92 11:25 PG 5 OF 11 BOOK 829 PAGE16 12. With respect to each impaired class of claims or interests, each holder of a claim or interest of such class has either accepted the Plan or will receive or retain under the Pian on account of such claim or interest property of a value, as of the Effective Date of the Plan, that is not less than the amount that such holder would so receive or retain if the Debtor were liquidated under Chapter 7 of Title 11 on such date. 13. Classes 1, 3(b.)(1), 3(b)(4), 4(a), and 6(a) are not impaired under the Plan. Classes 2(a)(1), 2(a)(2), 2(a)(3), 2(a) (4), 2(b), 2(c) (1), 2(c) (2), 2(d) (2) through (7), 3(a), 3(b) (3), 4 (b) , 5 (a) , 5 (b) , 6 (b) , 7(a) and 7(b) have accepted the Plan. Therefore, except as provided in Paragraph 20 of this Order, with respect to each class of claims and interests, each such class has either accepted the Plan or is not impaired under the Plan. 14. Excer't to the extent that the holder of a particular claim. has agreed to a different treatment of such claim, the Plan provides that; with respect to a claim of the kind specified in Section 507(a) (1) or (2) of the Code, on the Effective Date of the Plan the, holder of such claim will receive on account of such claim cash equal to the allowed amount of .such claim, with respect to a class of claims of a kind specified in Section 507 (a) (3) , (4) , (5), or (6) of the Code, each holder of a claim of such class will receive cash on the Effective Date of the Plan equal to the allowed amount of such claim; and with respect to a claim of a kind specified in Section 507(a) (7) of the Code, the holder of such claim will receive on account of such claim cash on the Effective Date of the Plan equal to the allowed amount of such claim. 15. At least one class of claims that is impaired under the Plan has accepted the Plan, determined without including any acceptance of the Plan by an insider. 16. Except to the extent that liquidation is proposed in the Plan, confirmation of the Plan is not likely to be followed by the liquidation or need for further financial reorganization of the Debtor or any successor to the Debtor under the Plan. 17. All fees payable under 28 U.S.C. Section 1930, as determined by the Court at the hearing on confirmation of the Plan, have been paid or the Plan provides for the payment of such fees on the Effective Date of the Plan. 18. The Plan provides for the continuation, after the Effective Date, of payment of all retiree benefits, as that term is defined in Section 1114 of the Code, at the level established pursuant to subsection (e)(1)(B) or (g) of Section 1114 of the Code at any time prior to. confirmation of the Plan for the duration of the period the Debtor has Dbligated itself to provide such benefits. 47,3898 8-577 8-786 04/16/2 1J:25 -4- 80 5 OF 11 BOOK 829 PAGEi6S 19. All conditions to confirmation of the Plan contained in Section 7.1 of the Plan have been either satisfied or duly waived by the Plan Proponents in accordance with the provisions of the Plan. 20. Notwithstanding Paragraph 13 of this Order, all of the applicable requirements of Section 1129(a) of the Code, other than Section 1129(a)(8), are met with respect to Class 2(d)(1). With respect to such Class, the Plan Proponents modified the Plan at the Confirmation Hearing to delete paragraphs 6.11 (e) , 5.4 (a) (i) and 5.4(a)(ii) of the Plan, and to substitute the following as Paragraph 5.4(a)(i) of the Plan: "The Trustee shall establish an interest bearing account known as the 'Pyropower Reserve Account' on the Effective Date. Pyropower's lien shall transfer to the Pyropower Reserve Account. .PSCo, PacifiCorp and Tri-State will each fund the Pyropower Reserve Account on the Effective Date with cash or a clean letter of credit in the amount of $2,000,000 each. When the Class 2(d) (1) Claim shall have been Allowed or disallowed by a Final Order, the Trustee shall, unless the Claim was disallowed, make a draw against any such Lettersof Credit in an amount equal to one-third of such Allowed Class 2(d)(1) Claim and the Trustee shall pay to Pyropower from the Pyropower Reserve Account the amount of the Allowed Class 2(d) (1) Claim. Immediately thereafter, the Trustee shall: (1) return the original Letter of Credit to the Plan Proponent who furnished it; and (2) pay the balance of the Pyropower Reserve Account pro rata to each Plan Proponent who deposited cash, instead of a Letter of Credit, into the Pyropower Reserve Account." Pyropower consented to the foregoing modifications and withdrew its Objection to confirmation of the Plan. 21. With respect to Class 4(b), the Court finds that in the event Class 4(b) has not accepted the Plan pursuant to § 1129(a) of the Code, the Plan is fair and equitable and does not discriminate unfairly with respect to such Class for the reasons stated of record. by the Court at the Confirmation Hearing. CONCLUSIONS OF LAW Upon the foregoing, it is ORDERED, ADJUDGED AND DECREED: A. The Motions to Modify are granted and the modification contained in Paragraph 27 of this Order is approved. 473298 a-577 P-736 04/16,1 92 11:25 - 5 - PG 7 OF 11 BOOK 829 PAGEi69 B. The Plan is hereby confirmed in accordance with Section 1129 of the Code. C. The assumption and assignment or rejection of contracts and leases, as provided in the Plan, is approved. D. The sales of Assets, as provided in the Plan, is approved and, to the extent provided in the Plan, such Assets are sold to the respective purchasers free and clear of all liens, claims, encumbrances, rights of third parties and interests. E. The Trustee is authorized and directed to take all steps necessary and appropriate to implement and consummate the Plan and all of the transactions contemplated in the Plan, including but not limited to execution and performance of the Asset Purchase Agreement in substantially the form attached to the Plan as Exhibit 1. F. The Plan Proponents shall, promptly after entry of this Order, give notice by mail of the entry of this Order of Confirmation to each party who received notice of the Confirmation Hearing. G. The property of the Estate shall not revest in the Debtor. H. Notwithstanding Paragraph,7.'3 of the Plan and any other provision of the Plan that would -permit waiver of the conditions contained in the Plan or the Asset Purchase Agreement, the conditions contained in Section 10.02'(d) of the Asset Purchase Agreement shall not be waived. 1. The following Stipulation among the Plan Proponents and the Creditors' Committee is approved: "No Allowed Class 6(b) Claims of Salt River or Platte River which arise from the assumption or assumption with modifications of the Yampa Project Participation Agreement or Hayden Participation Agreement shall be entitled to be paid from Fund II." J. The Court r: ains urisdiction over this case to the extent provided by th- Bankru+tcy Code, 28 U.S.C. § 157 and 28 U.S.C. § 1334/ Dated BY ' E CO 'T : NOTICE OF ENTRY ON DOCKET Notice it Hereby Given the Purouant to Rule F.R.B,P„ the Foregoing Order of Judyme wad ) Entere iit/ By i:lordcr2,pld atricia Ann Clark United States Bankruptcy Judge - 6 - 4738 5 B-577 P--786 04/16/9. J1:25 PG OF 11 6-9ADA- BOOK 829 PAGEr7O CERTIFICATE OF MA1LlhG The undersigned thk deco mailed n duplicate copy of this document in a seated envelope marked "Posta9e and Fees Paid. U.S. Courts" to: r �ctxtee Morney for Trustee ,--P-..-9*...... DeCiort+i homey for Debtorls) ,_..../1/62_0_71 ,� reditor(a) DAttorney CraJitorls} IJ1,S, Trustee DAnorney for Defendentlsi °Pent( Tn sisi ❑Attorney for Plsintiff(s) > 0Cr nsr's m Dated c,2r 1 1 Deputy Clerk f, ! ;j ,:2 -/? 7 79 R 473 390 ar 577 P--78 c S/ 6,/',--).:4? 1 1 . PG 9 OF 11 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO IN RE: COLORADO -UTE ELECTRIC ASSOCIATION, INC., Debtor. BOOK 829 PAGE171 FILED BRADFORD L. BOLTON, CLERK MAR 2 0 1992 L.J. �t'.N •: .IJf 1 �.I :.. .l i DISTRICT OP COLO; Bankruptcy Case No. 90 B 03761 C thereby attest and certify on that the foregoing /,affiiod'dodument(s eroto is / are a MI, true and ,correcl copy of the original on in my office and, in -my. tegai Judy.• BY u C S.B2nkrup' rict•g• A' ARV:. ice_ ORDER GRANTING MOTION FORT' MODIFICATION OF THE CONFIRMED SECOND AMENDED JOINT PLAN OF REORGANIZATION AND FOR CORRECTION OF CLERICAL ERROR IN CONFIRMATION ORDER null This matter is before the Court upon the Motion for Modification of the Confirmed Second Amended Joint Plan of Reorganization and for Correction of Clerical Error in Confirmation Order ("Motion") filed on March 3, 1992, by Public Service Company of Colorado, PacifiCorp Electric Operations, Tri-State Generation and Transmission Association, Inc., and Intermountain Rural Electric Association (collectively, the "Plan Proponents"). Notice having been given pursuant to Local Rule 23 and the Court having received no timely filed objections, it is therefore ORDERED that the Plan Proponents are permitted to modify their Second Amended Joint Plan of Reorganization (the "Plan") submitted in the above -captioned case by making the Proposed Modifications set forth in Exhibit A to the Motion. IT IS FURTHER ORDERED that the Proposed Post -Confirmation Modifications are hereby approved and that the Plan is hereby confirmed as modified by the Proposed Post -Confirmation Modifications. IT I5 FURTHER ORDERED that the Confirmation Order dated February 19, 1992, previously. rendered by this Court in this bankruptcy action is her, oy corrected by changing the reference in paragraph A of the Confirmation Order from "paragraph 27" to "paragraph 20". IT IS FURTHER ORDERED that the Notice given of the Motion -lf- pursuant to Local Rule 23 is hereby approved. DATED this 2 O day of , Furki.er Orl:ier 0.�II Ska. f ' 1lG Ian Proponen-�s SCfVG 0. CUH W 4 SOrdcr uvoy, o.11 S In li i 1 Y1At rt ri 95 Patricia Ann Clark United States Bankruptcy Judge BOOK 829 pAGE1 2 EXHIBIT B Division 5 Well Permits NAME LEGAL DESCRIPTION PERMIT # PERMIT DATE Colorado Ute Elec. Assn. SE14 SW 14 S14 T6S R93W 43926 12/12/70 (1) Colorado Ute Elec. Assn. /Holy Cross Elec. Asan. NW'a NE!4 S10 T5S R85W 84045 1/13/86 (2) 1. Garfield County - Substation Facilities 2. Eagle Valley Warehouse 473898 8-577 P- 786 04/16/92 92 11 . _5 PG .11 OF 11 Instrument No. 139 RECORDED AEC t 414 5IILDRED ALSDORF COUNTY CLERK' BOOK 828 eact985 GARHIELD EPR rtri 19x92 ri s „iis ll SPECIAL WARRANTY DEED, ASSIGNMENT AND BILL OF SALE Return To: Chicago Title of Colo., Inc. 1225 17th St., Suite 1570 Denver, CO 80202 Attn: Don Ford THIS SPECIAL WARRANTY DEED, ASSIGNMENT AND BILL OF SALE is made as of the 15th day of April, 1992, among Colorado -Ute Electric Association, Inc., a Colorado cooperative association whose address is 1845 South Townsend Avenue, Montrose, Colorado, Victor R. Palmieri whose address is 245 Park Avenue, 35th Floor, New York, New York (the "Trustee"), as Trustee for the Estate of Colorado -Ute Electric Association, Inc., in Bankruptcy Case No. 90 B 03761 C, United States Bankruptcy Court for the District of Colorado (the "Court"), collectively the GRANTORS, Tri-State Generation and Transmission Association, Inc., a Colorado cooperative association whose address is 12076 Grant Street, Thornton, Colorado ("Tri-State") and Public Service Company of Colorado, a Colorado corporation whose address is 1225 17th Street, Denver, Colorado ("PSCo"), collectively the GRANTEES. This instrument is made pursuant to that certain order of the Court dated February 19, 1992 as supplemented by that order of the Court dated March 20, 1992 in Bankruptcy Case No. 90 B 03761 C (the "Order"), which Order is attached hereto as Exhibit A. The premises conveyed by this instrument are conveyed as Assets (as referred to in the Order) of Colorado -Ute which GRANTORS are authorized to sell pursuant to the Order. 1. Conveyance. The GRANTORS, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold, conveyed and assigned, and by these presents do grant, bargain, sell, convey and assign to Instrumcnt #96 BOOK 828 rot 9S 3 Tri-State and P3Co, their successors and assigns forever, all right, title, and intere3t of the GRANTORS in and to the following (collectively the "Conveyed Assets") in the manner hereinafter specified: a. Substaions. Undivided ownership interests to Tri-State and PSCo as specified on Exhibit 8, attached hereto, in the substations which are located in the County of Garfield, State of Colorado and are described on Exhibit B (the "Substations"), together with all transformers, circuit breakers, switches, meters, control buildings, buswork, conductors, power line carrier and related equipment constituting the Substations (the "Substation Equipment"); b. Real Property. To PSCo an undivided 100% ownership interest in and to all of the real property legally described as set forth in 5xhibit A-1, attached hereto, together with all and singular the hereditaments and appurtenances thereto belonging, or in any way appertaining thereto, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claims and demand whatsoever of the GRANTORS, either in law or equity, of, in and to the bargained premises, with the hereditaments and appurtenances (the "Real Property"), together with: i. All rights to ditches, reservoirs, and wells, and all adjudicated and unadjudicated water rights and rights to surface water and ground water on, under, used upon or in connection with or otherwise appurtenant to, the Real Property; ii. All mineral interests in, to and under the Real Property not heretofore conveyed, excepted, or reserved by others; and iii. All rights of way, easements, licenses, permits, unexpired leases and other real property interests necessary for the operation of the Substations, including but not limited to those identified on Exhibit B-1 attached hereto (the "Other Interests"); provided, however, that the substation located on that part of the Real Property commonly known as Rifle 345 kV sub Area E, and the warehouse located on the Real Property commonly known as the Rifle Warehouse are specifically excluded from the Real Property conveyed herein. BOOK 828 PAcE987 c. Personal Property. Undivided ownership interests to Tri-State and PSCo as specified on Exhibit B, attached hereto, in all other furniture, fixtures, equipment and other tangible personal property which is located on the Real Property or Other Interests; exclusive, however, of (i) all inventory, tools, spare parts, shop and garage equipment, stores equipment, power operated equipment and other materials and supplies which are located at, related to or used in connection with the Substations and (ii) all telecommuni- cations equipment located at the Substations, including but not limited to, microwave, two-way radio, telephone, satellite, fiber optic equipment and related towers and structures (the "Personal Property"). Excepting and excluding from this conveyance the federal income tax ownership and unrelated tax benefits associated with Rifle 345 kV Transmission Sub Area A and Rifle 345 kV Transmission Sub Area B heretofore conveyed by Colorado -Ute to Norfolk and Western Railway Company ("N & W") pursuant to a Safe -Harbor Lease dated September 20, 1982 between N & W and Colorado -Ute. 2. Severance. The GRANTORS hereby reserve all right, title and interest in and to the telecommunication equipment located on or affixed to the Real Property and Other Interests, including, but not limited to, all microwave, two-way radio, telephone, satellite, fiber optic equipment and related towers and structures, and the GRANTORS intend that such telecommunications equipment be severed from the Real Property and Other Interests, even if physically attache thereto and deemed to be personal property. The GRANTORS f ur ocher reserve a license in and to the Real Property and Other Interests upon which such telecommunications equipment is located, which license shall permit the GRANTORS, and their successors and assigns, to allow the telecommunications equipment to remain located on such Real Property and Other Interests. The license hereby created shall be perpetual and rent free; provided, that, such license shall automatically terminate at such time as the telecommunications equipment is no longer utilized by the owner or owners of such equipment. 3. Capacity Entitlement. An entitlement for Tri-State and PSCc to make use of the transfer capability of the Substations in the manner specified on Exhibit C, attached hereto, (the "Capacity Entitlements"). The Capacity Entitlements are subject to and may be modified from time to time in accordance with, the terms of that certain Contract for Interconnections and Transmission Service dated as of April 15, 1992 by and between Tri-State and PSCo. The ownership interests in the Substations are specifically subject to the respective Capacity Entitlements of Tri-State and PSCo which are herein assigned. Boot( 828 rAu9SS 4. Permitted Liens. The Conveyed Assets are hereby granted, bargained, sold, conveyed and assigned pursuant to the Order free and clear of all liens, claims, encumbrances, rights of third parties and interests to the extent effected by the Order except for the liens for current real property, personal property or ad valorem taxes which are not yet due and payable, which liens are permitted under the Order (the /°Permitted Liens"). 5. Special Warranty: Limitatioacin Warranties. a. The Trustee hereby covenants with the ®888, their successors and assigns to the Conveyed Assets, that the Trustee has not, for his part, done, executed, or suffered any act or thing whatsoever whereby the above-described Conveyed Assets or any part thereof, now or at any time hereafter, shall be imperiled, charged, or encumbered in any manner whatsoever other than the Permitted Liens, and the Trustee hereby agrees that he shall warrant and defend the title to the Conveyed Assets against all and every person and persons claiming the whole or any part thereof through or under the Trustee. b. The Trustee, for himself and his successors and assigns, covenants with the GRANTEES and their successors and assigns to the Conveyed Assets that the Trustee has good and lawful right to grant, bargain, sell, assign and convey all right, title and interest, if any, of the GRAWTORS in and to the Conveyed Assets pursuant to the Order, and that all acts, conditions, and things required by law to be performed by the Trustee relating to the authority of the Trustee to execute and deliver this instrument have happened or have been performed in a form and manner as required by law. BOOS 828 ncE9S9 c. NOTWITHSTANDING ANY STATEMENT OR ANYTHING ELSE IN THIS SPECIAL WARRANTY DEED, ASSIGNMENT AND BILL OF SALE TO THE CONTRARY, EXCEPT AS EXPRESSLY SET FORTH IN PARAGRAPHS 5(a) AND 5(b), THE TRUSTEE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER TO GRANTEES OR GRANTEES' SUCCESSORS AND ASSIGNS. IN WITNESS WHEREOF, this instrument has been executed by the GRANTORS on the date set forth above. THE TRUSTEE COLORADO -''TE ELECTRIC ASSOCIATION, INC. J2-- By Victor H. Palmieri Victor H. Palmieri, Trustee STATE OF NEW JERSEY ) ) ss. } COUNTY OF The foregoin instrument was acknowledged before me this day of , 1992, by Victor H. Palmieri, as Trustee for the Estat4f Colorado -Ute Electric Association, Inc. and in Bankruptcy Case No. 90B03761C, United States Bankruptcy Court for the District of Colorado. Witness my hand and official seal. ary '•ub is My Co ission expires: WAIVER OF RIGHT TO PARTITION So long as the Substations which are owned on an undivided basis by Tri-State and PSCo, or any part thereof as originally constructed, reconstructed or added to is used or useful for the transmission of electrical power and energy, or to the end of the period permitted by applicable law, whichever first occurs, Tri-State and PSCo each hereby waive their right to partition, whether by partition in kind or sale and division of the proceeds thereof, and agree that they will not resort to any action at law or in equity to partition and further waive the benefit of all laws that may now or hereafter authorize such partition of the Conveyed Assets comprising such Substations. All instruments of conveyance which effect, evidence or vest the ownership interests of Tri-State or PSCo in a grantee or such grantee's successors and assigns shall contain this waiver Ito tru nrat R96 of right to partition. It is deemed to run with the land. PUBLIC SERVICE COMPANY OF COLORADO B' is Attest BOOK SZS PAGES agreed that this covenant shall be TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, By tC)Ltt ;7 C571 By Its carol J. 1:....'.e Assistant Secretary STATE OF COLORADO ss. COUNTY OF DENVER Attest: • Its '-1 ',4 9 The foregoing instrument was acknowledged before me this day o 19144-x' , 1992, by I.). and in their capacity as /D, and , respectively, of Tri-State Generation and Transmis ion Association, Inc., a Colorado cooperative association. Witness my hand and official seal. STATE OF COLORADO COUNTY OF DENVER ) ) ) SS. Notary Public My Commission expires: The oregoing instrument was acknowledged before me this i rL day of i ;� 1992 , by ie. �' 1� and �t-tt in their capacity as ,t• 0./J2 u Th respectively, of Public erv1ce Company a Colora4 corporation. Witness my hand and official - 5 - ad mil Nota ri ublic My Commission expires: ins anirmit aselik an that Ve /are a V, am! ea1By9 ellbe ong.,,31 _ on Na ti aeq I (11 icdal custody. CGer W m,., . E.XHIBiT A UNITED STATES BANKRUPTCY COURT Ey_- OR THE DISTRICT OF COLORADO IN RE: COLORADO -UTE ELECTRIC ASSOCIATION, INC., Debtor. ®ol 82S Par,E99l FILED —,RADFORD L BOLTON, CLEPK Ery r. • .i is 09 U.S. BANKRUPTCY COURT DISTRICT OF COLOrtA00 Bankruptcy Case No. 90 B 03761 C ORDER CONFIRMING SECOND AMENDED JOINT PLAN OF REORGANIZATION, AS MODIFIED, PROPOSED BY PUBLIC SERVICE COMPANY OF COLORADO, PACIFICORP ELECTRIC OPERATIONS, TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. AND INTERMOUNTAIN RURAL ELECTRIC ASSOCIATION THIS case came before the Court for hearing on February 7, 1992, to consider confirmation of the Second Amended Joint Plan of Reorganization proposed by Public Servi_ce Company of Colorado, PacifiCorp Electric Operations, Tri-State Generation and Transmission Association, Inc. and Intermountain Rural Electric Association, as modified in Post Solicitation Modifications to Second Amended Joint Plan of Reorganization dated January 28, 1992 and February 7, 1992 and this Order .("Plan"),I The Court has reviewed the records and files in this case and considered the following: A. The objections to confit,nation of the Plan filed by: 1. Associated Electric and Gas Insurance Limited and Aegis Insurance Services, Inc.; 2. Centel Electric Company, Centel Corporation, and UtiliCorp United, Inc.; 3. William V. Taylor; 4. The United States Department of Energy, including the Department of Energy's Western Area Power Administration; 5. Central Bank, National Association, as indenture trustee; 'Capitalized terms used and not defined in this Order shall have the meaning given to such terms in the Plan (including the Asset Purchase Agreement). 4i BOOK 828 PA1E992 6. Norwest Bank Minnesota, National Association; 7, Pyropower Corporation; and 8. United States Trust Company of New York, as Trustee, and the Owner Participants; B. The memoranda filed by certain parties in support of and in opposition to the objections, the written and other testimony offered by the Plan Proponents and accepted by the Court at the February 7, 1992 hearing, and the testimony introduced by other parties in interest at the hearing; C. The exhibits offered and admitted into evidence by all parties at the February 7, 1992 hearing; D. The offers of proof, arguments and stipulations made by counsel for the various parties at the February 7, 1992 hearing; and E. The Plan, the Motions to Approve Post Solicitation Modifications to Second Amended Joint Plan of Reorganization (the "Motions to Modify") , the Disclosure Statement and the Certificates of Service with respect to the Notice of the confirmation hearing and related procedural matters. Based upon the foregoing the Court, being fully advised, makes the following findings of fact and conclusions of law: FINDINGS QF FACT 1. Colorado -Ute Electric Association, Inc. ("Debtor") filed its voluntary petition under Chapter 11 of the Bankruptcy Code on March 30, 1990, in the United States Bankruptcy Court for the District of Colorado. On or about August 17, 1990, Victor H. Palmieri was approved by the Court as Trustee for the Debtor. 2. Public Service Company of Colorado ("PSCo"), PacifiCorp Electric Operations ("PacifiCorp"), Tri-State Generation and Transmission Association, Inc. ("Tri-State"), and Intermountain Rural Electric Association ("IREA") (collectively "Plan Proponents"), filed their Second Amended Joint Plan of Reorganization in this case dated December 19, 1991. That Plan was modified on January 28, 1992 and February 7, 1992. 3. After due and proper notice to all parties in interest in connection with this case, the Disclosure Statement for the Plan was approved by the Court by Order dated December 20, 1991. 4. After approval of the Disclosure Statement, the Plan Proponents caused copies of the approved Disclosure Statement, the 2 BOOK 828 P*GE993 Plan, ballots for accepting or rejecting the Plan, and the Order fixing the time for submission of ballots and for filing and serving objections to confirmation of the Plan to be served upon all parties in interest in this case in accordance with the orders of the Court, the local rules applicable in this District, the Federal Rules of Bankruptcy Procedure, and the applicable provisions of the Code, and notice of the order approving the Disclosure Statement to be published in accordance with its terms. Notice of the confirmation hearing and of the date for voting on and filing and serving objections to the Plan is adequate and proper in all respects. 5. on January 28, 1992 and Februai':y 7, 1992, the Plan Proponents filed and served their Post -Solicitation Modifications and the Motions to Modify. None of the modifications adversely change the treatment of any class of claims that has not consented to such modifications. 6. The Plan complies with all applicable provisions of Title 11. 7. The Plan Proponents have complied with all applicable provisions of Title 11. 8. The Plan has been proposed in good faith and not by any means forbidden by law. 9. Any payment made or to be made by the P' ,n Proponents, the Debtor, the Trustee, or a person issuing secu_ pies or acquiring property under the Plan, for services or for costs and expenses in or in connection with the case, or in connection with the Plan and incident to the case, has been approved by, or is subject to the approval of, the Court as reasonable. 10. The Plan Proponents have disclosed the identity and affiliations of any individuals proposed to serve, after confirmation of the Plan, as a director, officer, or voting trustee of the Debtor, an affiliate of the Debtor participating in a joint plan with the Debtor, or a successor to the Debtor under the Plan; the appointment to or continuance in such office of such individual is consistent with the interests of creditors and equity security holders and with public policy; and the Plan Proponents have disclosed the identity of any insider that will be employed or retained by the Debtor and the nature of any compensation for such insider. 11. Any governmental regulatory commission with jurisdiction, after confirmation of the Plan, over the rates of the Debtor, has approved any rate change provided in the Plan, or such rate change is expressly conditioned on such approval. BOOK 828 PacE994 12. with respect to each impaired class of claims or interests, each holder of a claim or interest of such class has either accepted the Plan or will receive or retain under the Plan on account of such claim or interest property of a value, as of the Effective Date of the Plan, that is not less than the amount that such holder would so receive or retain if the Debtor were liquidated under Chapter 7 of Title 11 on such date. 13. Classes 1, 3 (b) (1) , 3 (b) (4) , 4 (a) , and 6(a) are not impaired under the Plan. Classes 2(a)(1), 2(a)(2), 2(a)(3), 2(a) (4), 2(b), 2(c) (1), 2(c) (2), 2(d) (2) through (7), 3(a), 3(b) (3), 4(b), 5(a), 5(b), 6(b), 7(a) and 7(b) have accepted the Plan. Therefore, except as provided in Paragraph 20 of this Order, with respect to each class of claims and interests, each such class has either accepted the Plan or is not impaired under the Plan. 14. Except to the extent that the holder of a particular claim has agreed to a different treatment of such claim, the Plan provides that; with respect to a claim of the kind specified in Section 507(a)(1) or (2) of the Code, on the Effective Date of the Plan the holder of such claim will receive on account of such claim cash equal to the allowed amount of such claim, with respect to a class of claims of a kind specified in Section 507 (a) (3) , (4) , (5) , or (6) of the Code, each holder of a claim of such class will receive cash on the Effective Date of the Plan equal to the allowed amount of such claim; and with respect to a claim of a kind specified in Section 507(a) (7) of the Code, the holder of such claim will receive on account of such claim cash on the Effective Date of the Plan equal to the allowed amount of such claim. 15. At least one class of claims that is impaired under the Plan has accepted the Plan, determined without including any acceptance of the Plan by an insider. 16. Except to the extent that liquidation is proposed in the Plan, confirmation of the Plan is not likely to be followed by the liquidation or need for further financial reorganization of the Debtor or any successor to the Debtor under the Plan. 17. All fees payable under 28 U.S.C. Section 1930, as determined by the Court at the hearing on confirmation of the Plan, have been paid or the Plan provides for the payment of such fees on the Effective Date of the Plan. 18. The Plan provides for the continuation, after the Effective Date, of payment of all retiree benefits, as that term is defined in Section 1114 of the Code, at the level established pursuant to subsection (e)(1)(B) or (g) of Section 1114 of the Code at any time prior to confirmation of the Plan for the duration of the period the Debtor haf Thligated itself to provide such benefits. 4 �...) BOOK 828 PAGE995 b ` 19. All conditions to confirmation of the Plan contained in Section 7.1 of the Plan have been either satisfied or duly waived by the Plan Proponents in accordance with the provisions of the Plan. 20. Notwithstanding Paragraph 13 of this Order, all of the applicable requirements of Section 1129(a) of the Code, other than Section 1129 (a) (8) , are met with respect to Class 2 (d) (1) . With respect to such Class, the Plan Proponents modified the Plan at the Confirmation Hearing to delete paragraphs 6.11(e), 5.4(a)(i) and 5.4(a)(ii) of the Plan, and to substitute the following as Paragraph 5.4(a) (i) of the Plan: "The Trustee shall establish an interest bearing account known as the 'Pyropower Reserve Account' on the Effective Date. Pyropower's lien shall transfer to the Pyropower Reserve Account. PSCo, PacifiCorp and Tri-State will each fund the Pyropower Reserve Account on the Effective Date with cash or a clean letter of credit in the amount of $2,000,000 each. When the Class 2(d)(1) Claim shall have been Allowed or disallowed by a Final Order, the Trustee shall, unless the Claim was disallowed, make a draw against any such Letters of Credit in an amount equal to one-third of such Allowed Class 2(d) (1) Claim and the Trustee shall pay to Pyropower from the Pyropower Reserve Account the amount of the Allowed Class 2(d)(1) Claim. Immediately thereafter, the Trustee shall: (1) return the original Letter of Credit to the Plan Proponent who furnished it; and (2) pay the balance of the Pyropower Reserve Account pro rata to each Plan Proponent who deposited cash, instead of a Letter of Credit, into the Pyropower Reserve Account." Pyropower consented to the foregoing modifications and withdrew its Objection to confirmation of the Plan. 21. With respect to Class 4(b), the Court finds that in the event Class 4(b) has not accepted the Plan pursuant to § 1129(a) of the Code, the Plan is fair and equitable and does not discriminate unfairly with respect to such Class for the reasons stated of record by the Court at the Confirmation Hearing. CONCLUSIONS OF LAW Upon the foregoing, it is ORDERED, ADJUDGED AND DECREED: A. The Motions to Modify are granted and the modification contained in Paragraph 27 of this Order is approved. eoOK 82S N3E996 5. The Plan is hereby confirmed in accordance with Section 1129 the Code. C. The assumption and assignment or rejection of contracts and leases, as provided in the Plan, i:.; approved. D. The sales of Assets, as provided in the Plan, is approved and, to the extent provided in the Plan, such Assets are sold to the respective purchasers free and clear of all liens, claims, encumbrances, rights of third parties and interests. E. The Trustee is authorized and directed to take all steps necessary and appropriate to implement and consummate the Plan and all of the transactions contemplated in the Plan, including but not limited to execution and performance of the Asset Purchase Agreement in substantially the form attached to the Plan as Exhibit 1. F. The Plan Proponents shall, promptly after entry of this order, give notice by mail of the entry of this Order of Confirmation to each party who received notice of the Confirmation Hearing. G. The property of the Estate shall not revest in the Debtor. H. Notwithstanding Paragraph 7..3 of the Plan and any other provision of the Plan that would 'permit waiver of the conditions contained in the Plan or the Asset Purchase Agreement, the conditions contained in Section 10.02(d) of the Asset Purchase Agreement shall not be waived. I. The following Stipulation among the Plan Proponents and the Creditors' Committee is approved: "No Allowed Class 6(b) Claims of Salt River or Platte River which arise from the assumption or assumption with modifications of the Yampa Project Participation Agreement or Hayden Participation Agreement shall be entitled to be paid from Fund II." J. The Court r extent provided by th U.S.C. § 133 urisdiction over this case to the tcy Code, 28 U.S.C. § 157 and 28 NOTICE OF ENTRY ON DOCKET Notice is Hereby Ginn that Pursuant to Huls F.R.B.P., the Foregoing Order of Judgma was i 7 Entered Sjt ! By saonkr2.p1d atricia Ann Clark United States Bankruptcy Judge attar and airily Tee an that the foregoing k /are a Wit, true and carred ore °t the original on Re in . mp; ado* and in my MOW custody "d Cast tr UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO BOOK 828 PAG€99 FILED BRADFORD L BOLTON, CLERK MAR 2 01992 e.s. nr.,;; ,. , ,C; D;STFICT OF CULCv:: . F IN RE: Bankruptcy Case No. 90 B 03761 C COLORADO -UTE ELECTRIC ASSOCIATION, INC., Debtor. ORDER GRANTING MOTION FOR MODIFICATION OF THE CONFIRMED SECOND AMENDED JOINT PLAN OF REORGANIZATION AND FOR CORRECTION OF CLERICAL ERROR IN CONFIRMATION ORDER This matter is before the Court upon the Motion for Modification of the Confirmed Second Amended Joint Plan of Reorganization and for Correction of Clerical Error in Confirmation Order ("Motion") filed on March 3, 1992, by Public Service Company of Colorado, PacifiCorp Electric Operations, Tri-State Generation and Transmission Association, Inc., and Intermountain Rural Electric Association (collectively, the "Plan Proponents"). Notice having been given pursuant to Local Rule 23 and the Court having received no timely filed objections, it is therefore ORDERED that the Plan Proponents are permitted to modify their Second Amended Joint Plan of Reorganization (the "Plan") submitted in the above -captioned case by making the Proposed Modifications set forth in Exhibit A to the Motion. IT IS FURTHER ORDERED that the Proposed Post -Confirmation Modifications are hereby approved and that the Plan is hereby confirmed as modified by the Proposed Post -Confirmation Modifications. IT IS FURTHER ORDERED that the Confirmation Order dated February 19, 1992, previously rendered by this Court in this bankruptcy action is hereby corrected by changing the reference in paragraph A of the Confirmation Order from "paragraph 27" to "paragraph 20". IT IS FURTHER ORDERED that the Notice given of the Motion pursuant to Local Rule 23 is hereby, approved..* DATED this Q day of j ; CX— 1992. fur 14,e( Proponer-}s Shit Serve. Q coel 4 }y, s Uroter LApo„ all 'yor-��5in Patricia Ann Clark United States Bankruptcy Judge THE COURT: BOOK 828 P!3E998 EXHIBIT B GARFIELD COUNTY 1. To each of the GRANTEES an undivided 50% ownership interest in and to the following personal property: Substation: Rifle 345 kV Substation Area E Together with an undivided 50% interest to each of the GRANTEES in and to the Substation Equipment and Personal Property. 2. To PSCo an undivided 100% ownership in and to the following property: Substation: Rifle 345 kV Transmission Substation Area D Together with an undivided 100% interest in and to the Substation Equipment and Personal Property. 3. To PSCo an undivided 100% ownership interest in and to the following property: Substation: Rifle 345 kV Transmission Substation Area B Together with an undivided 100% interest in and to the Substation Equipment and Personal Property. 4. To PSCo an undivided 100% ownership interest in and to the following property: Substation: Rifle Transmission Substation Area A Together with an undivided 100% interest in and to the Substation Equipment and Personal Property. BOOK $28 134E999 EXHIBIT "i3-1" QARFIELU COUNTY RIFLE SUBSTATION USBR NEW RIFLE SUBSTATION (Rifle 345 kV Sub Area E) (Rifle 345 kV Trans Sub Area D) (Rifle 345 kV Transmission Sub Area B) (Rifle Transmission Sub Area A) SE1/4NE1/4SW1/4 OF SECTION 14, AND NE1/4 SE1/4 SW1/4 OF SECTION 14, ALL IN TOWNSHIP 6 SOUTH RANGE 93 WEST OF THE 6TH PM, GARFIELD COUNTY, COLORADO. AND SW1/4SE1/4 SECTION 14 TOWNSHIP 6 SOUTH RANGE 93 WEST OF THE GTH P.M., GARFIELD COUNTY, COLORADO Instrument #96 EXHIBIT C CAPACITY ENTITLEMENTS Substation 1. Rifle 345 kV Substation Area E BOOK 828 PACE cicIcl Tri-State Capacity PSC° Capacity_ Entitlement Entitlement 2. Rifle 345 kV Transmission Substation Area 3. Rifle 345 kV Transmission Substation Area B 4. Rifle Transmission Substation Area A 50% 50% 50% 50% 50% 50$ 50% 50% RECORDED "l ' O'CLOCK, .M. REC # 459915 MAR 3 1994 MILDRED ALSDORF, GA.RFIELD COUNTY CLERK, SPECIAL WARRANTY DEED AND BILL OF SALE 800X0894 PAG; 373. (Warehouse) (LRI Parcel) GARF1i LD State Doc. Fee MAR 0 3 1994 FOR A VALUABLE CONSIDERATION, the receipt of which is acknowledged, the undersigned, TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. a=Colorado cooperative association, whose address is 12076 Grant Street, Thornton, Colorado 80241 ("Grantor") has granted, bargained, sold, conveyed and assigned and; by these presents does hereby grant, bargain, sell, convey and assign unto PUBLIC SERVICE COMPANY OF COLORADO a Colorado corporation, whose address is 1225 17th Street, Denver, Colorado 80202 ("Grantee") all right, title, and interest of the Grantor in and to the following: Real Property. 100% of the real property lying and being in the County of Garfield, State of Colorado, legally described on Exhibit "A" attached hereto, together with all and singular the hereditaments and appurtenances thereto belonging, or in any way appertaining thereto, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title interests, claims and demand whatsoever of the Grantor, either in law or equity, of, in and to the bargained premises, ("Real Property"), excepting and reserving the Grantor's interest in and to the improvements constituting the Craig -Rifle 345 kV transmission line and the Rifle -San Juan 345 kV transmission line that presently cross the Real Property. 2. Water Rights. All rights to ditches, reservoirs, and wells, and all adjudicated and unadjudicated water rights and titles to surface water and ground water on, under, used upon or in connection with or otherwise appurtenant to the Real Property. 3. Mineral Interests. All mineral interest in, to and under the Real Property not heretofore conveyed, excepted, or reserved by others. 4. Warehouse. All interest in and to that certain warehouse, and the fixtures and equipment appurtenant thereto, commonly known as the Rifle Warehouse, and located on the real property legally described in Exhibit "B" attached hereto. Please Return to Don Ford Chicago Title of Colorado, Inc 1875 Lawrence - suite 1200 Denver, Co 80202 G-64CLei4 800K0894Pi;GF374 TO HAVE AND TO HOLD unto the Grantee, and to its successors and assigns, forever, subject to all reservations and exceptions in patents from the United States or the State of Colorado and existing easements and rights-of-way, all building, use, zoning, sanitary and environmental restrictions, and waivers of record, taxes and assessments for 1993 and subsequent years; and mineral and royalty reservations or conveyances and oil and gas leases. Grantor, for itself, and its successors and assigns, expressly limits the covenants of this Deed to those herein expressed, and warrants and covenants to Grantee only that prior to the execution of this Deed, and except as to those encumbrances and conveyances made by Grantor which are included within the exceptions described hereinabove, Grantor has not conveyed the above-described Page 2 of 3 B0ox0894 PKCi 375 property, or any rights, title, or interest therein, to any person other than the Grantee, and that the above-described property is free from encumbrances done, made, or suffered by the Grantor or any person claiming under it. DATED this 15th day of February , 1994. By: William W. Dalles Its: Secretary STATE OF COLORADO 1 COUNTY OF ADAMS ss TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. a Colorado cooperative association By: Harold J. Thompson Its: President The foregoing instrument was acknowledged before me this 15th day of February , 1994, by Harold J. Thompson and William W. • Dalles , in their capacity as President and Secretary, respectively, of Tri-State Generation and Transmission Association, Inc., a Colorado cooperative association. Witness my hand and official seal. . DONNA E. WAKEFIELD [SEAINOTARY PUBLIC ,TATE OF COLORADO .. e., v4.r..,n,,.o.r.,...N.4.a**L+vM�+� Commission Expires: 12/8/96 . l_i(_) Q W Z -r', ( �, l Notary Public Page 3 of 3 EXHIBIT "A" BooK0894 PAci 376 LEGAL DESCRIPTION OF THE REAL PROPERTY GARFIELD COUNTY Rifle Substation (Land Resources, Inc.) TOWNSHIP 6 SOUTH, RANGE 93 WEST SECTION 14: SE'/4 SE'/4 SW % GARFIELD COUNTY, COLORADO EXHIBIT "B" 04 )894 PACT377 LEGAL DESCRIPTION OF THE WAREHOUSE LOCATION GARFIELD COUNTY Rifle Warehouse Rifle Substation USBR New Rifle Substation (Rifle 345 kV Sub Area E) (Rifle 345 kV Trans Sub Area D) (Rifle 345 kV Transmission Sub Area B) (Rifle Transmission Sub Area A) SE %4 NEN SW'/4 OF SECTION 14, AND NE'/4 SE %4 SW% OF SECTION 14, ALL IN TOWNSHIP 6 SOUTH RANGE 93 WEST OF THE 6TH PM, GARFIELD COUNTY, COLORADO. AND SW'/4 SE'/4 SECTION 14 TOWNSHIP 6 SOUTH RANGE 93 WEST OF THE 6TH P.M., GARFIELD COUNTY, COLORADO. RECORDED AT /".1 O`CLOCK 4'.M. OR 17 au' REC #43:3"1'52 MILDRED ALSDORF, COUNTY CLERK 1‘, BOOK 829 PAGE162 473898 8-577 P-786 04,,%16;:9:2 11:25 PG .1 OF 11 REC DOC JOHNNETTE PHILLIPS EAGLE COUNTY CLERK, COLORADO 55..00 0.00 SPECIAL WARRANTY DEED AND ASSIGNMENT THIS SPECIAL WARRANTY DEED AND ASSIGNMENT is made as of the 15th day of April, 1992, from Colorado -Ute Electric Association, Inc., a Colorado cooperative association, whose address is 1845 South Townsend Avenue, Montrose, Colorado, ("Colorado=Ute"), Victor H. Palmieri whose address is 245 Park Avenue, 35th Floor, New York, New York (the "Trustee") , as Trustee for the Estate of Colorado -Ute Electric Association, Inc., in Bankruptcy Case No. 90 B 03761 C, United States Bankruptcy Court for the District of Colorado (the "Court"), GRANTORS, to Public Service Company of Colorado,a Colorado corporation, whose address is 1225 17th Street, Denver, Colorado 80202 ("PSCo"), GRANTEE. This instrument is made pursuant to that certain order of the Court dated February 19, 1992, as supplemented by that order. of the Court dated March 20; 1992, in Bankruptcy. Case No. 90 B 03761 C (the "Order."), which Order is attached hereto as Exhibit A. The premises conveyed by this instrument are conveyed as Assets (as referred to 'in the Order) of Colorado -Ute which GRANTORS are authorized to sell pursuant to the Order. 1. Conveyance. The GRANTORS, for good and valuable consideration, the receipt and sufficiency.of which.are hereby acknowledged, have granted, bargained; sold, conveyed and assigned, and by these presents do grant, bargain, sell, convey and assign to GRANTEE, its successors and assigns forever, all of GRANTORS'. rights, title and interests in the water rights, 'well permits, licenses, leases and agreements described on Exhibit B, attached hereto, located in Garfield County and Eagle County, together with all of their. appurtenances, (the "Water Rights") in the manner specified on Exhibit B: 2. Permitted Liens. The. Water Rights are hereby .granted, bargained, sold, conveyed and assigned pursuant to the Order free and clear of all liens, claims, encumbrances, rights of third parties and interests to the extent effected by the Order, except for liens for current real property, personal property or ad valorem taxes which -are not yet due and payable, which liens are permitted under the Order ("Permitted Liens"). THIS SPACE INTENTIONALLY LEFT BLANK, Return To: Chicago Title of Colo., Inc. 1225 17th St., Suite 1570 Denver, CO 80202 Attn:. Don Ford Instrument No. 139 6 BOOK 829 PAGE183 • 4738998 8-577 P-786 04/ "/92 11:25 PG 2 OF 11 Special Warranty - Limitation on Warranties (a) The Trustee hereby covenants with the GRANTEE, its successors and assigns, that the Trustee has not, for his part, done, executed or suffered any act or thing whatsoever whereby the Property or any part thereof, now or at any time hereafter, shall be imperiled, charged or encumbered in any manner whatsoever other than the Permitted Liens, and the Trustee hereby agrees that he shall warrant and defend the title to the Property against any and all persons claiming the whole or any part thereof by, through or under the Trustee. (b) The Trustee, for himself and his successors and assigns, covenants with the GRANTEE and the GRANTEE'S successors and assigns to the Property that the Trustee has good and lawful right to grant, bargain, sell, assign and convey all right, title and interest of the GRANTORS, if any, in and to the Property pursuant to the Order, and that all acts, conditions and things required by law to be performed by the Trustee relating to the authority of the Trustee to execute and deliver this instrument have happened or have been performed in a form and manner as required by law. (c) NOTWITHSTANDING ANY STATEMENT OR ANYTHING ELSE IN THIS INSTRUMENT TO THE CONTRARY, EXCEPT AS EXPRESSLY SET FORTH IN THE PRECEDING PARAGRAPHS (a) AND (b), THE TRUSTEE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER TO GRANTEE OR GRANTEE'S SUCCESSORS AND ASSIGNS. IN WITNESS WHEREOF, this instrument has been executed by the GRANTORS as of the date set forth above. THE TRUSTEE Victor H. Palmieri STATE OF NEW JERSEY ) ) ss: COUNTY O ) COLORADO -UTE ELECTRIC ASSOCIATIO INC. By: • /moi Victor H. Palmieri, Trustee The foregoing instrument was acknowledged to before me this ay of March, 1992, by,Victor H. Palmieri, on behalf of Colorado -Ute Electric Association, Inc., and in his capacity as Trustee for the Estate of Colorado -Ute Electric Association, Inc., in Bankruptcy Case No. 90B03761C, United States Bankruptcy Court for the District of Colorado. Witness my hand and official seal. My commission expires: JT:r-':5EY _9 .i; Cornn�;ssroiZ c::;:ire�s dune .6, BOOK S29 PGE1 EXHIBIT UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO IN RE: COLORADO -UTE ELECTRIC ASSOCIATION, INC., Debtor. ED '')RADFORD LFILEOLTON, CLERK FEB 19 932 U.S. BANKRUPTCY COURT DISTRICT OF COLORADO_ Bankruptcy Case,No, 90 B 0376I.C, hereby attest In /27 '1. th e 00011110117 NCO* .•�� M1•to i:;/pre • fsti, tme rd.Certiaf' ot-W ,e �rigill�! on hM1, 7 aN191 •11A /6:11.1/6:11.1ingal CtlstI Sier OES , ma svy! en Av.F ;,y ORDER CONFIRMING SECOND AMENDED JOINT PLAN OF REORGANIZATIONyl.;i AS MODIFIED, PROPOSED BY PUBLIC SERVICE COMPANY OF COLORADO, PACIFICORP ELECTRIC OPERATIONS, TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. AND INTERMOUNTAIN. RURAL ELECTRIC ASSOCIATION THIS case came before the Court for hearing on February 7, 1992, to consider confirmation of the Second Amended Joint Plan of Reorganization proposed by Public Service Company of Colorado, PacifiCorp Electric Operations, Tri-State Generation and Transmission Association, Inc. and Intermountain Rural Electric 0.. Association, as modified in Post Solicitation Modifications to Second Amended Joint Plan of Reorganization dated January 28, 1992 and February 7, 1992 and this Order .("Plan").1 ry The Court has reviewed the records and files in this case and considered the following: C:^, A. The objections to confirmation of the Plan filed by: co N and UtiliCorp United, Inc.; g 3. William V. Taylor; N `r' 4. The United States Department of Energy, including the Department of Energy's Western z Area Power Administration; r-. rn 5. Central Bank, National Association, as indenture trustee; 1. Associated Electric and Gas Insurance Limited and Aegis Insurance Services, Inc.; 2. Centel Electric Company, Centel Corporation, 'Capitalized terms used and not defined in this Order shall have the meaning given to such terms in the Plan (including the Asset Purchase Agreement). BOOK 829 PAGE165 6. Norwest Bank Minnesota, National Association; 7. Pyropower Corporation; and 8. United States Trust Company of New York, as Trustee, and the Owner Participants; B. The memoranda filed by certain parties in support of and in opposition to the objections, the. written and other testimony offered by the Plan Proponents and accepted by the Court at the February 7, 1992 hearing, and the testimony introduced by other parties in interest at the hearing; C. The exhibits offered and admitted into evidence by all parties at the February 7, 1992 hearing; D. The offers of proof, arguments and stipulations made by counsel for the various parties at the February 7, 1992 hearing; and E. The Plan, the Motions to Approve Post Solicitation Modifications to Second Amended Joint Plan of Reorganization (the "Motions to Modify") , the Disclosure Statement and the Certificates of Service with respect to the Notice of the confirmation hearing and related procedural matters. Based upon the foregoing the Court, being fully advised, makes the following findings of fact and conclusions of law: FINDINGS OF FACT 1. Colorado -Ute Electric Association, Inc. ("Debtor") filed its voluntary petition under Chapter 11 of the Bankruptcy Code on March 30, 1990, in the United States Bankruptcy Court for the District of Colorado. On or about August 17, 1990, Victor H. Palmieri was approved by the Court as Trustee for the Debtor. 2. Public Service Company of Colorado ("PSCo"), PacifiCorp Electric Operations ("PacifiCorp"), Tri-State Generation and Transmission Association, Inc. ("Tri-State"), and Intermountain Rural Electric Association ("IREA") (collectively "Plan Proponents"), filed their Second Amended Joint Plan of Reorganization in this case dated December 19, 1991. That Plan was modified on January 28, 1992 and February 7, 1992. 3. After due and proper notice to all parties in interest in connection with this case, the Disclosure Statement for the Plan was approved by the Court by Order dated December 20, 1991. 4. After approval of the Disclosure Statement, the Plan Proponents caused copies of the approved Disclosure Statement, the 473898 8-577 P-786 04/d 6/92 Ji : 25 PG 4 OF Id 24pK 829 PAGE1G Plan, ballots for accepting or rejecting the Plan, and the Order fixing the time for submission of ballots and for filing and serving objections to confirmation of the Plan to be served upon all parties in interest in this case in accordance with the orders of the Court, the local rules applicable in this District, the Federal Rules of Bankruptcy Procedure, and the applicable provisions of the Code, and notice of the order approving the Disclosure Statement to be published in accordance with its terms. Notice of the confirmation hearing and of the date for voting on and filing and serving objections to the Plan is adequate and proper in all respects. 5. On January 28, 1992 and February 7, 1992, the Plan Proponents filed and served their Post -Solicitation Modifications and the Motions to Modify. None of the modifications adversely change the treatment of any class of claims that has not consented to such modifications. 6. The Plancomplies with all applicable provisions of Title 11. 7. The Plan Proponents have complied with all applicable, provisions of Title 11. 8. The Plan has been proposed in good faith and not by any means forbidden by law. 9. Any payment made or to be made by the P --,n Proponents, the Debtor, the Trustee, or a person issuing secu. .:ies or acquiring property under the Plan, for services or for costs and expenses in or in connection with the case, or in connection with the Plan and incident to the case, has been approved by, or is subject to the approval of, the Court as reasonable. 10. The Plan Proponents have disclosed the identity and affiliations of any individuals proposed to serve, after. confirmation of the Plan, as a director, officer, or voting trustee of the Debtor, an affiliate of the Debtor participating in a joint, plan with the Debtor, or a successor to the Debtor under the Plan; the appointment to or continuance in such office of such individual is consistent with the interests of creditors and equity security holders and with public policy; and the Plan Proponents have disclosed the identity of any insider that will be employed or retained by the Debtor and the nature of any compensation for such insider. 11. Any governmental regulatory commission with jurisdiction, after confirmation of the Plan, over the rates of the Debtor, has approved any rate change provided in the Plan, or such rate change is expressly conditioned on such approval. - 3 - 473898 B-577 P-736 04/16/92 11:25 PG 5 OF 11 BOOK 829 PAGE16 12. With respect to each impaired class of claims or interests, each holder of a claim or interest of such class has either accepted the Plan or will receive or retain under the Pian on account of such claim or interest property of a value, as of the Effective Date of the Plan, that is not less than the amount that such holder would so receive or retain if the Debtor were liquidated under Chapter 7 of Title 11 on such date. 13. Classes 1, 3(b.)(1), 3(b)(4), 4(a), and 6(a) are not impaired under the Plan. Classes 2(a)(1), 2(a)(2), 2(a)(3), 2(a) (4), 2(b), 2(c) (1), 2(c) (2), 2(d) (2) through (7), 3(a), 3(b) (3), 4 (b) , 5 (a) , 5 (b) , 6 (b) , 7(a) and 7(b) have accepted the Plan. Therefore, except as provided in Paragraph 20 of this Order, with respect to each class of claims and interests, each such class has either accepted the Plan or is not impaired under the Plan. 14. Excer't to the extent that the holder of a particular claim. has agreed to a different treatment of such claim, the Plan provides that; with respect to a claim of the kind specified in Section 507(a) (1) or (2) of the Code, on the Effective Date of the Plan the, holder of such claim will receive on account of such claim cash equal to the allowed amount of .such claim, with respect to a class of claims of a kind specified in Section 507 (a) (3) , (4) , (5), or (6) of the Code, each holder of a claim of such class will receive cash on the Effective Date of the Plan equal to the allowed amount of such claim; and with respect to a claim of a kind specified in Section 507(a) (7) of the Code, the holder of such claim will receive on account of such claim cash on the Effective Date of the Plan equal to the allowed amount of such claim. 15. At least one class of claims that is impaired under the Plan has accepted the Plan, determined without including any acceptance of the Plan by an insider. 16. Except to the extent that liquidation is proposed in the Plan, confirmation of the Plan is not likely to be followed by the liquidation or need for further financial reorganization of the Debtor or any successor to the Debtor under the Plan. 17. All fees payable under 28 U.S.C. Section 1930, as determined by the Court at the hearing on confirmation of the Plan, have been paid or the Plan provides for the payment of such fees on the Effective Date of the Plan. 18. The Plan provides for the continuation, after the Effective Date, of payment of all retiree benefits, as that term is defined in Section 1114 of the Code, at the level established pursuant to subsection (e)(1)(B) or (g) of Section 1114 of the Code at any time prior to. confirmation of the Plan for the duration of the period the Debtor has Dbligated itself to provide such benefits. 47,3898 8-577 8-786 04/16/2 1J:25 -4- 80 5 OF 11 BOOK 829 PAGEi6S 19. All conditions to confirmation of the Plan contained in Section 7.1 of the Plan have been either satisfied or duly waived by the Plan Proponents in accordance with the provisions of the Plan. 20. Notwithstanding Paragraph 13 of this Order, all of the applicable requirements of Section 1129(a) of the Code, other than Section 1129(a)(8), are met with respect to Class 2(d)(1). With respect to such Class, the Plan Proponents modified the Plan at the Confirmation Hearing to delete paragraphs 6.11 (e) , 5.4 (a) (i) and 5.4(a)(ii) of the Plan, and to substitute the following as Paragraph 5.4(a)(i) of the Plan: "The Trustee shall establish an interest bearing account known as the 'Pyropower Reserve Account' on the Effective Date. Pyropower's lien shall transfer to the Pyropower Reserve Account. .PSCo, PacifiCorp and Tri-State will each fund the Pyropower Reserve Account on the Effective Date with cash or a clean letter of credit in the amount of $2,000,000 each. When the Class 2(d) (1) Claim shall have been Allowed or disallowed by a Final Order, the Trustee shall, unless the Claim was disallowed, make a draw against any such Lettersof Credit in an amount equal to one-third of such Allowed Class 2(d)(1) Claim and the Trustee shall pay to Pyropower from the Pyropower Reserve Account the amount of the Allowed Class 2(d) (1) Claim. Immediately thereafter, the Trustee shall: (1) return the original Letter of Credit to the Plan Proponent who furnished it; and (2) pay the balance of the Pyropower Reserve Account pro rata to each Plan Proponent who deposited cash, instead of a Letter of Credit, into the Pyropower Reserve Account." Pyropower consented to the foregoing modifications and withdrew its Objection to confirmation of the Plan. 21. With respect to Class 4(b), the Court finds that in the event Class 4(b) has not accepted the Plan pursuant to § 1129(a) of the Code, the Plan is fair and equitable and does not discriminate unfairly with respect to such Class for the reasons stated of record. by the Court at the Confirmation Hearing. CONCLUSIONS OF LAW Upon the foregoing, it is ORDERED, ADJUDGED AND DECREED: A. The Motions to Modify are granted and the modification contained in Paragraph 27 of this Order is approved. 473298 a-577 P-736 04/16,1 92 11:25 - 5 - PG 7 OF 11 BOOK 829 PAGEi69 B. The Plan is hereby confirmed in accordance with Section 1129 of the Code. C. The assumption and assignment or rejection of contracts and leases, as provided in the Plan, is approved. D. The sales of Assets, as provided in the Plan, is approved and, to the extent provided in the Plan, such Assets are sold to the respective purchasers free and clear of all liens, claims, encumbrances, rights of third parties and interests. E. The Trustee is authorized and directed to take all steps necessary and appropriate to implement and consummate the Plan and all of the transactions contemplated in the Plan, including but not limited to execution and performance of the Asset Purchase Agreement in substantially the form attached to the Plan as Exhibit 1. F. The Plan Proponents shall, promptly after entry of this Order, give notice by mail of the entry of this Order of Confirmation to each party who received notice of the Confirmation Hearing. G. The property of the Estate shall not revest in the Debtor. H. Notwithstanding Paragraph,7.'3 of the Plan and any other provision of the Plan that would -permit waiver of the conditions contained in the Plan or the Asset Purchase Agreement, the conditions contained in Section 10.02'(d) of the Asset Purchase Agreement shall not be waived. 1. The following Stipulation among the Plan Proponents and the Creditors' Committee is approved: "No Allowed Class 6(b) Claims of Salt River or Platte River which arise from the assumption or assumption with modifications of the Yampa Project Participation Agreement or Hayden Participation Agreement shall be entitled to be paid from Fund II." J. The Court r: ains urisdiction over this case to the extent provided by th- Bankru+tcy Code, 28 U.S.C. § 157 and 28 U.S.C. § 1334/ Dated BY ' E CO 'T : NOTICE OF ENTRY ON DOCKET Notice it Hereby Given the Purouant to Rule F.R.B,P„ the Foregoing Order of Judyme wad ) Entere iit/ By i:lordcr2,pld atricia Ann Clark United States Bankruptcy Judge - 6 - 4738 5 B-577 P--786 04/16/9. J1:25 PG OF 11 6-9ADA- BOOK 829 PAGEr7O CERTIFICATE OF MA1LlhG The undersigned thk deco mailed n duplicate copy of this document in a seated envelope marked "Posta9e and Fees Paid. U.S. Courts" to: r �ctxtee Morney for Trustee ,--P-..-9*...... DeCiort+i homey for Debtorls) ,_..../1/62_0_71 ,� reditor(a) DAttorney CraJitorls} IJ1,S, Trustee DAnorney for Defendentlsi °Pent( Tn sisi ❑Attorney for Plsintiff(s) > 0Cr nsr's m Dated c,2r 1 1 Deputy Clerk f, ! ;j ,:2 -/? 7 79 R 473 390 ar 577 P--78 c S/ 6,/',--).:4? 1 1 . PG 9 OF 11 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO IN RE: COLORADO -UTE ELECTRIC ASSOCIATION, INC., Debtor. BOOK 829 PAGE171 FILED BRADFORD L. BOLTON, CLERK MAR 2 0 1992 L.J. �t'.N •: .IJf 1 �.I :.. .l i DISTRICT OP COLO; Bankruptcy Case No. 90 B 03761 C thereby attest and certify on that the foregoing /,affiiod'dodument(s eroto is / are a MI, true and ,correcl copy of the original on in my office and, in -my. tegai Judy.• BY u C S.B2nkrup' rict•g• A' ARV:. ice_ ORDER GRANTING MOTION FORT' MODIFICATION OF THE CONFIRMED SECOND AMENDED JOINT PLAN OF REORGANIZATION AND FOR CORRECTION OF CLERICAL ERROR IN CONFIRMATION ORDER null This matter is before the Court upon the Motion for Modification of the Confirmed Second Amended Joint Plan of Reorganization and for Correction of Clerical Error in Confirmation Order ("Motion") filed on March 3, 1992, by Public Service Company of Colorado, PacifiCorp Electric Operations, Tri-State Generation and Transmission Association, Inc., and Intermountain Rural Electric Association (collectively, the "Plan Proponents"). Notice having been given pursuant to Local Rule 23 and the Court having received no timely filed objections, it is therefore ORDERED that the Plan Proponents are permitted to modify their Second Amended Joint Plan of Reorganization (the "Plan") submitted in the above -captioned case by making the Proposed Modifications set forth in Exhibit A to the Motion. IT IS FURTHER ORDERED that the Proposed Post -Confirmation Modifications are hereby approved and that the Plan is hereby confirmed as modified by the Proposed Post -Confirmation Modifications. IT I5 FURTHER ORDERED that the Confirmation Order dated February 19, 1992, previously. rendered by this Court in this bankruptcy action is her, oy corrected by changing the reference in paragraph A of the Confirmation Order from "paragraph 27" to "paragraph 20". IT IS FURTHER ORDERED that the Notice given of the Motion -lf- pursuant to Local Rule 23 is hereby approved. DATED this 2 O day of , Furki.er Orl:ier 0.�II Ska. f ' 1lG Ian Proponen-�s SCfVG 0. CUH W 4 SOrdcr uvoy, o.11 S In li i 1 Y1At rt ri 95 Patricia Ann Clark United States Bankruptcy Judge BOOK 829 pAGE1 2 EXHIBIT B Division 5 Well Permits NAME LEGAL DESCRIPTION PERMIT # PERMIT DATE Colorado Ute Elec. Assn. SE14 SW 14 S14 T6S R93W 43926 12/12/70 (1) Colorado Ute Elec. Assn. /Holy Cross Elec. Asan. NW'a NE!4 S10 T5S R85W 84045 1/13/86 (2) 1. Garfield County - Substation Facilities 2. Eagle Valley Warehouse 473898 8-577 P- 786 04/16/92 92 11 . _5 PG .11 OF 11 Instrument No. 139 `cam Cr) U) re q w CC ca _. o;o Iv 0 KNOW ALL MEN BY THESE PRESENTS: That EXXON COR?ORATION, a New Jersey corporation qualified to do business in the State of Colorado, for the consideration of Ten Dollars ($10.00) and ocher o z good and valuable consideration,. the receipt of which is hereby o_ acknowledged, hereby sells and conveys to PUBLIC SERVICE COMPANY OF d v COLORADO, a Colorado corporation, the following real property Os situate in Garfield County, State of Colorado, to -wit "1 ci LL BARGAIN AND SALE DEED ao11( 656 ? 9 [) as 0 cC Reception No. PARCEL "A" A parcel of Land containing 8.83 acres more or less situated in the Northeast 1/4 of the Southwest 1 /4, Southeast 1/4 of the North-west 1/4 and Lot 6,, Section 6, Township -7 South, Range 95 West of the 6th Principal Meridian, County of Garfield, State of Colorado, described as follows: All bearings contained herein being Colorado Grid Bearings (Central Zone) True bearings are obtained by rotating all bearings herein counterclockwise 01°35'12". Commencing at the southwest corner of said Section 6, from whence the West 1/4 corner of said Section 6 bears N 00°44'51 E a distance of -2664.98 feet; Thence N_26°43"39" E a distance of 2901.93 feet to the northeast corner of said Lot 6, said corner being the true POINT OF BEGINNING; Thence N 03°25'39" E along the west boundary line of said Southeast 1/4 .of the Northwest 1/4, a distance of 26.62 feet; Thence $ 79°28'10" E a distznce of 673.45 feet; Thence S 10°31'50" W a distance of 445.50 feet; Thence S 67°34'00" W a distance of 181.04 feet; Thence N 79°28'10" W a distance of 641.24 feet to a point on the centerline of the Wilcox Canal; Thence N 32'46'50" E along the centerline of sAid canal a distance . of 153.9.0 feet; Thence N :18743'05" E a'_ong the centerline of said canal a distance of_377.55 feet to a point on the north boundary line of said Lot 6; Thence S 87°00'39" E along the north boundary line of said Lot 6, a distance of 11.03 feet to the true POINT OF BEGINNING. RESERVING and EXCEPTING therefrom, however, all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, wells and wellrigha:s, and springs and spring rights, on, underlying, and appurtenant to or historically used it connection with said lands; and Further reserving and excepting therefrom, however, all minerals, including oil and gas, and mineral rights in ,and under said lands, which otherwise have not been reserved previously or conveyed by parties other than grantor, and the right and privilege of mining and/or removing same insofar as such can be removed Page 1 of 2 DDD MERRICK° 000 & COMPANY Merrick & Company 5970 Greenwood Plaza Blvd. / Greenwood Village, CO 80111 303/751-0741 / Fax 303/751-2581 Job No.: 65318032-89 Fife: Y:1Survey165318032-89 \Property Descriptions\Parcel A.docx Date: January 8, 2015 PROPERTY DESCRIPTION Parcel A A parcel of land being one hundred fifty (150.00') feet in width, seventy five (75.00') feet on each side of the following described centerline, located in Township 6 South, Range 93 West, Township 7 South, Range 93 West, Township 7 South, Range 94 West & Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Bearings are based upon the line between found monuments at the North Quarter Corner of Section 23 in said Township 6 South, Range 93 West and the Southwest Comer of Section 6 in said Township 7 South, Range 95 West being S77°26'48"W a distance of 89,100.87 feet; COMMENCING at the North Quarter Corner of Section 23 in said Township 6 South, Range 93 West, whence the Southwest Corner of Section 22 in said Township 6 South, Range 93 West bears S57° 18'20"W a distance of 9,567.00 feet; THENCE N23°48'54"E a distance of 732.79 feet to the POINT OF BEGINNING; THENCE along said centerline the following one hundred four (104) courses: 1) S70° 11 `43"W a distance of 512.96 feet; 2) THENCE 508°26'46"W a distance of 367.69 feet; 3) THENCE S26°52'29"W a distance of 388.58 feet; 4) THENCE 527°45'33"W a distance of 573.89 feet; 5) THENCE S24°39'07"W a distance of 1,474.88 feet; 6) THENCE S43°32'44"W a distance of 469.13 feet; 7) THENCE 573°31'32"W a distance of 1,081.29 feet; 8) THENCE 572'41'43"W a distance of 1,272.71 feet; 9) THENCE 572°50'31"W a distance of 1,244.14 feet; 10) THENCE 518°14'01"W a distance of 738.45 feet; 11) THENCE N89°03'04"W a distance of 1,941.05 feet; 12) THENCE 572°58'39"W a distance of 1,744.42 feet; 1 of 4 An Employee -Owned Company ' I .�� :'115 Jobb . �,.:'+32-$9 For and on Behalf of Merrick & Company 000 MERRICK® 000 & COMPANY Merrick & Company 5970 Greenwood Plaza Blvd. / Greenwood Village, CO 80111 303/751-0741 / Fax 303/751-2581 13) THENCE S72°52'17"W a distance of 1,238.60 feet; 14) THENCE S72°49'23"W a distance of 1,246.88 feet; 15) THENCE S73°22'51 "W a distance of 982.59 feet; 16) THENCE S10°5T25"W a distance of 1,066.49 feet; 17) THENCE S10°58'45"W a distance of 1,673.77 feet; 18) THENCE S 10°09' 13"W a distance of 526.90 feet; 19) THENCE S 10°30'47"W a distance of 1,643.75 feet; 20) THENCE Si1 °37'40"W a distance of 1,059.21 feet; 21) THENCE S09°40'19"W a distance of 915.85 feet; 22) THENCE S03°11'23"W a distance of 1,550.68 feet; 23) THENCE S03°27'27"W a distance of 1,116.20 feet; 24) THENCE S02°48'02"W a distance of 1,204.38 feet; 25) THENCE S03°05115"W a distance of 1,104.35 feet; 26) THENCE S74°39'43"W a distance of 1,359.63 feet; 27) THENCE S73°42'45"W a distance of 1,520.63 feet; 28) THENCE S74° 11'35"W a distance of 1,107.02 feet; 29) THENCE S74° 12' 16"W a distance of 1,110.68 feet; 30) THENCE S74° 16'48"W a distance of 1,083.39 feet; 31) THENCE S74°21' 10"W a distance of 1,341.97 feet; 32) THENCE S73°44'42"W a distance of 1,240.13 feet; 33) THENCE S74°09'02"W a distance of 971.63 feet; 34) THENCE S74°30'08"W a distance of 926.62 feet; 35) THENCE S74°29'38"W a distance of 2,247.14 feet; 36) THENCE S73°28'04"W a distance of 1,426.39 feet; 37) THENCE S73°31'10"W a distance of 543.76 feet; 38) THENCE S74°20'04"W a distance of 1,202.58 feet; 39) THENCE S74°36112"W a distance of 984.54 feet; 40) THENCE S73°46100"W a distance of 1,157.31 feet; 41) THENCE S74° 12`31 "W a distance of 1,242.90 feet; 42) THENCE S73°50'20"W a distance of 1,281.08 feet; 43) THENCE S74° 19'50"W a distance of 981.07 feet; 44) THENCE S74°22' 19"W a distance of 761.00 feet; 2 of 4 An Employee -Owned Company !i,.,.)0 REG/87 U ti ,,:,`~ �.N • a 41 0o r� --=, '�P•JVel15 a.son, g 200 l` o. ' 80320-89 * r r� JOt�� � For and on Behalf of Merrick & Company °❑io MERRICK' ©C!® & COMPANY Merrick & Company 5970 Greenwood Plaza Blvd. / Greenwood Village, CO 80111 303/751-0741 / Fax 303/751-2581 45) 46) 47) 48) 49) 50) 51) 52) 53) 54) 55) 56) 57) 58) 59) 60) 61) 62) 63) 64) 65) 66) 67) 68) 69) 70) 71) 72) 73) 74) 75) 76) 77) THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE S72°59'48"W a S68° 16'26"W a S68°48'50"W a S67°44'25"W a S68°08'16"W a S69°07'59"W a S89°4412"W a N88°36'20"W a N88°16'21"W a N88°53'25"W a N88°36'20"W a N88°02°17"W a N88°43'53"W a N88°05'20"W a N85°44'51 "W a N85°14'30"W a N85°29'28"W a N85°38'57"W a S87°19'58"W a S76° 10'27"W a N69°17'33"W a N45°19'42"W a N42°40'49"W a N00°28'58"W a N29°54'23"W a N35°31'11"W a N37°09'37"W a S88°21'53"W a S88°43'49"W a N87°30'29"W a N87°42'06"W a N88°28'37"W a N87°35'37"W a distance of 844.24 feet; distance of 974.01 feet; distance of 844.94 feet; distance of 1,410.84 feet; distance of 1,412.58 feet; distance of 1,298.77 feet; distance of 756.17 feet; distance of 1,086.57 feet; distance of 1,449.31 feet; distance of 1,132.93 feet; distance of 1,020.94 feet; distance of 1,036.54 feet; distance of 1,560.02 feet; distance of 1,135.41 feet; distance of 869.27 feet; distance of 1,346.47 feet; distance of 2,627.60 feet; distance of 1,201.32 feet; distance of 366.21 feet; distance of 1,343.92 feet; distance of 936.09 feet; distance of 1,315.40 feet; distance of 339.75 feet; distance of 3,813.69 feet; distance of 1,174.79 feet; distance of 1,455.46 feet; distance of 1,771.91 feet; distance of 702.70 feet; distance of 794.54 feet; distance of 1,009.82 feet; distance of 877.22 feet; distance of 525.04 feet; distance of 494.52 feet; 3 of 4 An Employee -Owned Company :Nelson, PLS as 015 01: tfiga .7,432-89 Forme- 6"F: ehalf of Merrick & Company 000 MERRICK® aro ❑❑O & COMPANY Merrick & Company 5970 Greenwood Plaza Blvd. / Greenwood Village, CO 80111 303/751-0741 / Fax 303/751-2581 78) THENCE N87°39'55"W a distance of 652.78 feet; 79) THENCE N87°42' 11 "W a distance of 1,113.74 feet; 80) THENCE N89°29'55"W a distance of 3,252.35 feet; 81) THENCE S88°23'37"W a distance of 497.58 feet; 82) THENCE S89°04'59"W a distance of 409.90 feet; 83) THENCE S87°55'45"W a distance of 589.37 feet; 84) THENCE S89°04158"W a distance of 895.15 feet; 85) THENCE S88°26'58"W a distance of 866.77 feet; 86) THENCE S88°50'32"W a distance of 281.85 feet; 87) THENCE S88°26'24"W a distance of 437.04 feet; 88) THENCE S87°39'38"W a distance of 466.00 feet; 89) THENCE S36°27' 15"W a distance of 828.28 feet; 90) THENCE S36°30'26"W a distance of 628.75 feet; 91) THENCE S38°56'16"W a distance of 598.46 feet; 92) THENCE S39°36'13"W a distance of 139.51 feet; 93) THENCE N44°37'44"W a distance of 144.71 feet; 94) THENCE N41 °38'31 "W a distance of 720.40 feet; 95) THENCE N42°15'35"W a distance of 1,331.12 feet; 96) THENCE N42°08'03"W a distance of 769.13 feet; 97) THENCE S59°53' 18"W a distance of 860.99 feet; 98) THENCE S59° 15' 14"W a distance of 958.12 feet; 99) THENCE S59°10'24"W a distance of 636.20 feet; 100) THENCE S60°05' 13"W a distance of 787.08 feet; 101) THENCE N60° 17'20"W a distance of 1,014.31 feet; 102) THENCE N60°06'35"W a distance of 358.53 feet; 103) THENCE S76°20'51"W a distance of 742.19 feet; 104) THENCE N89°42'49"W a distance of 420.68 feet to the POINT OF TERMINATION; whence said Southwest Corner of Section 6 in Township 7 South, Range 95 West bears S35°19'14"W a distance of 2,547.84 feet. Sidelines are shortened or lengthened at angle points to intersect. Containing 375.20 acres more or less. p January S, ti) `! t�65319 Jo For Merric 200 4 of 4 An Employee -Owned Company Public Service Company of Colorado Xcel Rifle to Parachute 230kV Transmission Line CIVIL CONSTRUCTION Inspect Civil Construction — 9/4/15-9/16/16 Prepare Material Storage Yard — 6/11/15-7/9/15 Begin Construction Milestone — 9/4/15 Prepare Corridor for Transmission Line & Storage Yard — 9/4/15-9/18/15 Install Foundations — 9/21/15-1/13/16 Outage for Foundations — 11/13/15 Cleanup/Restore Transmission Corridor — 8/19/16-9/16/16 LINE CONSTRUCTION Inspect Line Construction — 11/16/15-5/2/16 Line Construction —11/16/15-5/2/16 Outage for Line Construction — 5/2/16 Remove/Retire Existing Line Assets — 3/22/16-5/2/16 End Line Construction Milestone — 5/2/16 PROJECTED/REQUIRED IN SERVICE DATE — 5/2/16 RECOMMENDED SEASONAL AND SPATIAL BUFFER RESTRICTIONS FOR ACTIVITIES NEAR ACTIVE NESTS (PER BLM'S DECISION RECORD) Red-tailed hawk: Avoid 0.33 mile around active nests (nesting season is about February 15 to July 15). Golden eagle: Avoid 0.50 mile around active nests (nesting season is about December 15 to July l5). Bald eagle: Avoid 0.50 mile around active nests (nesting season is about October 15 to July 31). Osprey: Avoid 0.25 mile around active nests (nesting season is about April 1 to August 31). Note that many osprey nest in immediate proximity to human disturbance, such as interstate highways, towns, or ballfields. Active osprey nests within intensive human activity areas do not require seasonal avoidance. CONSTRUCTION EQUIPMENT AND PERSONNEL About 30 workers are expected to be needed during the construction. Construction sequencing, the number of workers, and type of equipment expected to be used for a typical section of line are as follows (per crew): Drive-in Access Pickup (3; 3 to 5 people) Rubber Tired Backhoe/trackhoe (1; 1 operator) Flex -track (1; 1 operator) Bucket Truck (2; 2 operators, 2 personnel) Boom Truck (1; 1 operator, 1 personnel) Air Compressor (1; personnel noted above) Hand tools including shovels and jackhammers (various numbers; personnel noted above) Proposed Construction Schedule Garfield County Location and Extent Review, 2015 Page 1 of 2 Public Service Company of Colorado Xcel Rifle to Parachute 230kV Transmission Line Walk-in/Fly-in Access (anticipated to be required for 38 to 43 poles total) Helicopter (1; 1 operator, various personnel on ground as well, normally 3 to 5 ground personnel) Hand tools including shovels and jackhammers (various numbers; personnel noted above) Air Compressor (1; personnel noted above) Proposed Construction Schedule Garfield County Location and Extent Review, 2015 Page 2 of 2 1111 nillikli.INVI,110.1erthillreirlAlikkHliii 11111 Reception#: 818403 05!08!2012 12:50:43 PM Jean Rlberico 1 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO AMENDMENT LAND USE CHANGE PERMIT - SPECIAL USE APROVAL to Public Service Company of Colorado - Xcel Energy for the Rifle Substation (Parcel No. 2177-144-00-126) In accordance with and pursuant to Section 4-107 (Amendments to an Approved Land Use Change Permit) of the Garfield County Unified Land Use Resolution of 2008, as amended, the Director of the Building and Planning Department has determined that the proposal is a non -substantial amendment to an existing Land Use Change Permit and Special Use Approval, and hereby authorizes, by this Amended Land Use Change Permit, the following activity: Relocation approximately 20 ft. to the south of the proposed construction of an additional 3,000 sq.ft. storage building and related site improvements accessory to the existing Rifle Substation Facilities on that property described in Exhibit 'A", Legal Description and Exhibit "B" Site Plan. The property is generally located on Lots 1, and 2, Section 14, T6S, R93W, also known as 620 County Road 319, Rifle, Colorado, 81650. (County File No. SUAA-7171) This Administrative Permit is hereby issued subject to the conditions set forth in Exhibit "C" (attached hereto) and amends approvals granted by Resolution No. 80- 243, for a 345 KV Transmission Line which included additional terminal and substation facilities at the Rifle Substation and further amends a Land Use Change Permit issued on October 24, 2011 by Garfield County for a non -substantial amendment (previous File No. SUAA-6958). This permit shall be valid only during compliance with applicable provisions of the Garfield County Unified Land Use Resolution of 2008, as amended, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. BUILDING AND PLANNING DEPARTMENT, GARFIELD COUNTY, COLORADO Fred A. Jarman, AIC Dat Building & Planning De artment Director 1 1111 IIM6I71MLI r%' ILL IOVNI1MIDU LI H 11l 111 Reception#: 818403 05!0812012 12:50:43 PM Jean Rlberico 2 of 5 Rec Fee:$0,00 Doc Fee:0.00 GARFIELD COUNTY CO Exhibit A Legal Description EXEMPTION SURVEY LEGAL DESCRIPTION: A PORTION OF LAND LOCATED IN THE SOUTH HALF OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 98 WEST OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF RIFLE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 14; THENCE SOUTH 00°58'04° WEST A • DISTANCE OF 868.00 FEET TO THE 'POINT OF BEGINNING; THENCE SOUTH 01 °08'50' WESTA DISTANCE OF 260.14 FEET; THENCE SOUTH 00°5034° WEST A DISTANCE OF 394.85 FEET; THENCE SOUTH 88°4917° EASTA DISTANCE OF 1318.07 FEET TO THE SOUTHEASTSD(T'EENTH CORNER OF SAID SECTION 14: THENCE SOUTH - 00°56'07" WEST A DISTANCE OF 1813.57 FEET TO THE EAST SIXTEENTH CORNER OF SAID SECTION 14:1 THENCE NORTH 88"32'37' WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE 3OUTHWES1 r QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 14, A DISTANCE OF 1318.44 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 14; THENCE NORTH 00°58'08" EAST, DEPARTING SAD SOUTH uk, A DISTANCE OF 655.16 FEET, THENCE NORTH 88°37'09" WESTA DISTANCE OF 858.88 FEET: THENCE NORTH 00"5651" EAST A DISTANCE 0F854.07 FEET; THENCE NORTH 00°45'48" EAST A DISTANCE OF 345.01 FMT _ THENCE NORTH 01'05'22° EAST A DISTANCE OF 305.96 FEET; THENCE SOUTH 8"4628" EAST A DISTANCE OF 659.22 FEET TO THE POINT OF BEGINNING. CONTAINING 59.493 ACRES OR Z591,507 SQUARE FEET, MORE OR LESS. 2 n f N0' 56' 51.00-E 654.070' Exhibit "B" Site Plan Excerpt 1 NO' 45' 46,00"E 345.010 1 sv k 1 1�- 1 1 I 1 1 1 1 1 1 1 1 1 1 1 777— 1 SLY@ea©®oe®V OQeeesee j 14 lb° •a41.a'sVpet,n"sig.e'1 2 0 0 1- F 2 0 U 0 W 0a U L aJ 0 .0 0 Q 0 CN 0li� 1;;- ,0 Q. —.. 0 o ap a EN. -,$) MI ••04 41 �+1Na — n0 -1X001 n RENSMS a 1 b XCEL RIFLE OPERATIONS NEW STORAGE BUILDING 620 COUNTY ROAD 319 RIFLE, COLORADO 81650 211 ' Exhibit "B" Site Plan Excerpt - Continued oNx 1 110 , 44041 1140444111 *Al ain x 1 g 1 7 _ - f'- \ N. `\ N \ \ N \\ 1 \ \ \ \ \ / / 1\ \I ,' I' \ H~ - \ 1, \ 0 X11 1 ,; 1 \� II I N k o �1f /' r . pili' 1 \ 1111n ..�\ 5\\\\\\\\\\-\\\\\� 111 III ~~ iJ / / n 5111fld ONIOVLD R 3115 FDA 510,9 a XCEL RIFLE OPERATIONS NEW STORAGE BUILDING 620 COUNTY ROAD 319 RIFLE, COLORADO 81650 gl Ain F !e ti:a 2 U Z ?� z i �yv i U - z �. 0 U offo oo: aG CN rba� ..NN CN 0 yam MCD -K ma 80 I oln 1111 MiliairliiVIC1111.1011V1111114IMINII 11111 Reception*: 818403 05/08/2012 12:50:43 PM Jean Riberico 5 of 5 Rec Fee:$O.O0 Doo Fee:O.00 GARFIELD COUNTY CO Exhibit C Conditions of Approval a. All prior approvals including but not limited: (i) Resolution No.80-243 and conditions of approval for the Public Service Company of Colorado — Xcel Energy Rifle Substation; and (ii) Public Service Company of Colorado—Xcel Energy Amended Land Use Change Permit — Special Use Approval dated 10/24/11, shall remain in effect except as amended herein. b. The storage structure shall be limited to a maximum of 3,000 sq.ft. and shall comply with all zoning and building code requirements including grading and drainage for the proposed improvements. The Building footprint shall be shifted south approximately 20 ft as shown on the revised site plans. c. The building permit submittal shall contain storm water management plans and best management practices prepared by a licensed professional engineer for the relocated drainage swale adjacent to the building and any other related storm water impacts. d. The amended site plan shall be attached as an exhibit to the Amended Land Use Change Permit issued for the non -substantial Amendment request. Public Service Company of Colorado, Xcel Energy Rifle (Ute) — Parachute 230kV Transmission Line Project Mineral Rights Interest Owners for Township 6 South Range 93 West Of Garfield County, Colorado Richard M. and Shirley J. Benjamin 10444 CR 320 Rifle, CO 81650-9614 Jake Billingsley 2016 Old McGarrah McKinney, TX 75070 C&B Jewell Revocable Family Living Trust 124 E Leota St Wasilla, AK 99654 Kenneth, Patricia, and Flint Chambers 28580 US Highway 6 and 24 Rifle, CO 81650 Cirrus Mineral, LLC 330 Marshall Street, Suite 300 Shreveport, LA 71101 Mary Ann Dwire 611 Landon Ct Grand Junction, CO 81504 Grass Mesa Ranch Joint Ventures 617 West Main Street, Suite G Aspen, CO 81611 Donald R. and Katherine M. Hess 11751 County Road 320 Rifle, CO 81650 Charles A. McSweeney 601 Hutton Avenue Rifle, CO 81650 Edgar F. McSweeney PO Box 267 Hayden, CO 81639 Mineral Rights Interest Ownership for Proposed Transmission Line Garfield County Location and Extent Review, 2015 Page 1 of 18 Public Service Company of Colorado, Xcel Energy Rifle (Ute) — Parachute 230kV Transmission Line Project Adah Bossart PO BOX 1842 Rifle, CO 81650 Margaret Grubbs 200 Main Street, #6A Meeker, CO 81641 William G. and Maureen Louise Jewell 1885 CR 319 Rifle, CO 81650 Keith A. and Neva I. Johnson 0756 County Road 346 Rifle, CO 81650 James I. and Juanita M. Layne 12011 County Road 320 Rifle, CO 81650 Cynthia J. Wallis 1101 Village Rd, Unit UL3C Carbondale, CO 81623 Wilbur G. Woody 5909 119Th Lane SE Tenino, WA 98589 USA Bureau of Land Management Attn: Colorado River Valley FO 2300 River Frontage Rd. Silt, CO 81652 Mineral Rights Interest Ownership for Proposed Transmission Line Garfield County Location and Extent Review, 2015 Page 2 of 18 Public Service Company of Colorado, Xcel Energy Rifle (Ute) — Parachute 230kV Transmission Line Project Mineral Rights Interest Owners for Township 7 South Range 93 West Of Garfield County, Colorado Department of the Interior Attn: Colorado River Valley FO 2300 River Frontage Rd. Silt, CO 81652 Grass Mesa Ranch Joint Ventures 617 West Main Street, Suite G Aspen, CO 81611 Jam Energy c/o David Youberg 215 S. 10th Street Sac City, IA 50583 Youberg Beaver Creek Ranch Limited Partnership c/o David Youberg 215 S. 10th Street Sac City, IA 50583 Mineral Rights Interest Ownership for Proposed Transmission Line Garfield County Location and Extent Review, 2015 Page 3 of 18 Public Service Company of Colorado, Xcel Energy Rifle (Ute) — Parachute 230kV Transmission Line Project Mineral Rights Interest Owners for Township 7 South Range 94 West Of Garfield County, Colorado Misty June and Alton L. Allen 2877 East Avenue Rifle, CO 81650 American Indian Youth - Running Strong Non -Profit c/o Christian relief Services, Inc 8815 Telegraph Road Lorton, VA 22079 Aspen Leaf, LLC PO Box 1488 Mustang, OK 73064 Bernklau Family LLLP 2956 County Road 320 Rifle, CO 81650 Charles W. and Patty N. Brown, LLC PO Box 587 Marlow, OK 73055 Eric Cole Brynildson 1100 Clarkson Ave Rifle, CO 81650 Scott W. and Linda S. Brynildson 1831 Railroad Ave, #1 Rifle, CO 81650-3203 Fred Rex and Renee D Cameron PO Box 576 Parachute, CO 81635 Sherrie Cooper 55122 Dahlia Road Olathe, CO 81425 George B and Debra H. Crain 5446 W. Stone Creek Dr. Highland, UT 84003 Mineral Rights Interest Ownership for Proposed Transmission Line Garfield County Location and Extent Review, 2015 Page 4 of 18 Public Service Company of Colorado, Xcel Energy Rifle (Ute) — Parachute 230kV Transmission Line Project Howards E. and Lorraine Dean 29395 Road JJ La Junta, CO 81050 Double B Ranch 5706 County Road 301 Parachute, CO 81635 Helen M. Farris 322 E. 9th Street Rifle, CO 81650 Fossil Creek Land Company PO Box 485 Mustang, OK 73064 Front Range Energy Investors, LLC 324 Garden Street Golden, CO 80403-1558 Augusta M Hahnewald 875 Bunting Ave Grand Junction, CO Hilltop 2F2 Ranch, LLLP 7880 County Road 309 Rifle, CO 80218 Holms Creek Partners, LLC PO Box 1011 Rifle, CO 81650 Irving Hook 3605 South Tamarac Denver, CO 80237 Lenis L Horn 639 30 1/2 Road Grand Junction, CO 81504 Timothy and Karla Jacobs 6516 County Road 301 Parachute, CO 81635 Mineral Rights Interest Ownership for Proposed Transmission Line Garfield County Location and Extent Review, 2015 Page 5 of 18 Public Service Company of Colorado, Xcel Energy Rifle (Ute) — Parachute 230kV Transmission Line Project Amon R. Jones 6001 Riza Ave, Space 18 Sacramento, CA 95823 James W Jones 11801 Washington St Apt H 301 Northglenn, CO 80233-5061 Owen W. and Diane M. Kingman P.O. Box 231 Swan Valley, ID 83449 J. Stanley Fikes, JR. P.O. Box 670987 Dallas, TX 75367 Calmetto II, Ltd. 3321 Caldera Blvd. Midland, TX 79707 Kenneth C. and Janis Dickenson 3325 Caldera Blvd. Midland, TX 79707 Thomas. D Lawson 275 Meadow Wood Rd. Glenwood Springs, CO 81602 Dannie P Locklear PO Box 1011 Rifle, CO 81650 MAP2009-OK c/o Mineral Acquisition Partners, Inc 101 N. Robinson, Suite 1000 Oklahoma City, OK 73102-5514 Norman H. and Mary Jane Mead 7109 County Road 320 Rifle, CO 81650 Evelyn Meer 7865 E. Mississippi, # 1605 Denver, CO 80231 Mineral Rights Interest Ownership for Proposed Transmission Line Garfield County Location and Extent Review, 2015 Page 6 of 18 Public Service Company of Colorado, Xcel Energy Rifle (Ute) — Parachute 230kV Transmission Line Project Peggy Brody 333 East Florida Avenue, #117 Denver, CO 80210 Floyd Authur Nobles, JR and Merle Nobles 20418 Vista Grande Austin, CO 81410 Charles Nobles 915 Emery Longmont, CO 80501 Henrietta H. Power 1425 Houston Ave Grand Junction, CO 81501 Audrey L. Quiat PO Box 847 Carbondale, CO 81623 James M. Quiat 5367 Donna Ave. Tarzana, CA 91356 Quiat, Gerald M., Trustee for James and Audrey Quiat 1873 S. Bellaire St., Suite 900 Denver, CO 80222 Joan Savage PO Box 1926 Rifle, CO 81650 Savage Resources, LLC PO Box 1926 Rifle, CO 81650 Virgil Scarrow 617 North 13th Street Humboldt, KS 66748 Lindell Scarrow 0340 County Road 233 Rifle, CO 81650 Mineral Rights Interest Ownership for Proposed Transmission Line Garfield County Location and Extent Review, 2015 Page 7 of 18 Public Service Company of Colorado, Xcel Energy Rifle (Ute) — Parachute 230kV Transmission Line Project George E. Scarrow 4756 309 County Rd Parachute, CO 81635 The Colorado National Bank of Denver, Trustee 918 17th Street Denver, CO 80217 Marilyn Handler 2800 S. University Blvd. Denver, CO 80210 Jeri Blender 2028 Glencoe Ave. Venice, CA 90291 Debbie Green 31 Ponderosa Circle Palm Desert, CA 92260 Leslie Lipper 2349 N. Catalina Street Los Angeles, CA 90027 Josephine H. Eskanos 6610 E. Virginia Avenue Denver, CO 80224 Evan Cohan - Deceased 801 S. Grape Street Denver, CO 80224 M.P. and Gertrude Sonntag 611 E. 5th Marbleton, WY 83113 Stephen R. Tatarsky 1909 Commonwealth Ave. Madison, WI 53705 Richard Tucker 6585 Fordham Circle Anaheim, CA 92807 Mineral Rights Interest Ownership for Proposed Transmission Line Garfield County Location and Extent Review, 2015 Page 8 of 18 Public Service Company of Colorado, Xcel Energy Rifle (Ute) — Parachute 230kV Transmission Line Project USA Bureau of Land Management Attn: Colorado River Valley FO 2300 River Frontage Rd. Silt, CO 81652 Williams Production RMT Company 1515 Arapahoe Street, Tower 3, Suite 1000 Denver, CO 80202 Mineral Rights Interest Ownership for Proposed Transmission Line Garfield County Location and Extent Review, 2015 Page 9 of 18 Public Service Company of Colorado, Xcel Energy Rifle (Ute) — Parachute 230kV Transmission Line Project Mineral Rights Interest Owners for Township 7 South Range 95 West Of Garfield County, Colorado 1st Church of Christ, Scientist 175 Huntington Avenue Boston, Mass 02115-3187 Todd Anselman 994 CR 309 Parachute, CO 81635 D. Ryan Ashcraft 4303 Ramona Drive, Apt 1 Fairfax, Virginia 22030-4425 D. Scott Ashcraft 1230 E. Loma Vista Tempe, Arizona 86284 Ralph Long 7225 S. Pennsylvania Littleton, CO 80122 Marilynn Barnacle 11634 Quivas Way Denver, CO 80234 Ora's Legacy, LLC PO Box 128 Live Oak, CA 95953 Paul B Baum, JR 25021 St Laverne, CA 91750 Janice R. Baum 158 Via Vaquero San Dimas, CA 91773 Blue Ridge Energy, LLC 15801 N. 12th Street Phoenix, AZ 85022 James K. and Hilda R. Boyles 5706 CR 301 Parachute, CO 81635 Mineral Rights Interest Ownership for Proposed Transmission Line Garfield County Location and Extent Review, 2015 Page 10 of 18 Public Service Company of Colorado, Xcel Energy Rifle (Ute) — Parachute 230kV Transmission Line Project Charles W and Patty N. Brown PO Box 587 Marlow, OK 73055 Keith L. and Carol L. Brown 11 Auburn Place San Antonio, TX 78209 Brown Rifle Ranch Company c/o Benjamin Brown 1600 Broadway, Suite 1490 Denver, CO 80202 Magnolia Mineral Trust, LLC 1616 17th Street, Suite 572 Denver, CO 80202 Daniel Cameron Jr. 6845 Nelson Street Arvada, CO 80004 David E and Angela A Clark 6750 CR 301 Parachute, CO 81635 ConocoPhillips Company 3300 NO A Street, Building 6 Midland, TX, 79705 Juhan Fordham Mineral, LLC 5936 Colorado Court Parker, CO 80134 Juhan-Ray LLC 25 Ammons Street Lakewood, CO 80226 Hope Curfman 3333 E. Florida Ave #83 Denver, CO 80210 Evelyn Ora Edwards Revocable Living Trust 170 Harrison Avenue Napa, CA 94558 Jack Marvin Edward 272 Santa Cruz Drive Fairfield, CA 94533 Mineral Rights Interest Ownership for Proposed Transmission Line Garfield County Location and Extent Review, 2015 Page 11 of 18 Public Service Company of Colorado, Xcel Energy Rifle (Ute) — Parachute 230kV Transmission Line Project Carl P. and Martha K. Enyeart 1612 Agate Court Loveland, CO 80538-3706 Exxon Corporation PO Box 53 Houston, TX 77001 Exxon Mobil Corporation PO Box 4610 Houston, TX 77210-4610 Knight Family Ranch, LLC 1047 Willow Creek Circle Longmont, CO 80503 The First National Bank in Grand Junction, Trustee of Orville V. Mahaffey PO Box 608 Grand Junction, CO 81502 Seventh -day Adventist Association of Colorado 2520 South Downing Street Denver, CO 80210 Aspen Leaf, LLC PO Box 1488 Mustang, OK 73064 Estate of Gerald Friedman 660 Grape Street Denver, CO 80220 Gilbert and Linda C. Frontella 3426 County Road 301 Parachute, CO 81635 Frontella Revocable Trust PO Box 1666 Rifle, CO 81650 Marcia Smith 3429 Fledgling Drive North Las Vegas, NV 89084 Rex Gates PO Box 1195 Tulsa, OK 74037 Mineral Rights Interest Ownership for Proposed Transmission Line Garfield County Location and Extent Review, 2015 Page 12 of 18 Public Service Company of Colorado, Xcel Energy Rifle (Ute) — Parachute 230kV Transmission Line Project Shaun Gates 3815 S. Utica Tulsa, OK 74105 Woodard Gates PO Box 703 Keller, TX 76244 Michael G. Goodman PO Box 8490 Kalispell, MT 59904 Linda Jean Goodman 217 Battlement Creek Trail Parachute, CO 81635 Grand Valley Ranch Company 1195 South Manzanita Avenue Palm Springs, CA 92264 Lee Becker Grinspan 8163 Hunters Grove lane Germantown, TN 38138 GSZ, LLC 5312 Southwood Drive Memphis, TN 38120 Robert Bartholi Attorney for Carole W. Gwyn 2483 West Costilla Avenue Littleton, CO 80120 Richard L. and Patricia M. Hanson 0700 County Road 355 Parachute, CO 81635 Jennifer Sayre Hartman 409 Hazelwood Glenview, IL 60025 Ora's Legacy, LLC PO Box 128 Love Oak, A 95953 Kevin Hixon and Gwynn Libby Hixon Family Trust 2510 Woodgate Roseville, CA 95747 Mineral Rights Interest Ownership for Proposed Transmission Line Garfield County Location and Extent Review, 2015 Page 13 of 18 Public Service Company of Colorado, Xcel Energy Rifle (Ute) — Parachute 230kV Transmission Line Project Tarita Hoag PO Box 450 North Nellis Blvd, PMB 175 Las Vegas, NV 89110 Diane M Barrett 15338 Wood Duck St. Fontana, CA 92336 Myra L. Hulse Route 2, BOX 394 South Fulton, TN 38257 Nikkola M. Hulse Route 2, BOX 394 South Fulton, TN 38257 Hunter Family Limited Partnership PO Box 6728 Helena, MO 59620 Marilyn Louise Ingraham 2965 Main Street Napa, CA 94558 Jean Bernice Johnson 130 Manhattan Drive, Boulder, CO 80303 JRMD, LLC PO Box 1926 Rifle, CO 81650 Key Equity Holdings, Inc 7701 Will Rogers Blvd Fort Worth, TX 76140 James A. Knight 3260 N 12th St, Apt 305 Grand Junction, CO 81506 John Nelson Knight 20 County Road 316 Silt, CO 81652 John Scott Knight 1047 Willow Creek Circle Longmont, CO 80503 Mineral Rights Interest Ownership for Proposed Transmission Line Garfield County Location and Extent Review, 2015 Page 14 of 18 Public Service Company of Colorado, Xcel Energy Rifle (Ute) — Parachute 230kV Transmission Line Project Roy A. Knight 7242 County Road 331 Silt, CO 81652 Crosswind Resource LLC 931 S. Lagoon Drive Gilbert, AZ 85233 Barton R and Nancy R. Libby, Libby Family Living Trust PO Box 7284 South Lake Tahoe, CA 96158 Byron Elbert Libby and Sue Arlene Libby, Co -Trustees c/o Law Offices of Leverenz and Ferris 515 Wall Street Chico, CA 95928 John and Peter Marshall 4149 Niblick Drive Longmont, CO 80503 Richard and Geraldine Libby Trust PO Box 128 Live Oak, CA 95953 Ralph D Long Trust 7225 S. Pennsylvania Centennial, CO 80122 Josh B. and Jana J. Lyons 8714 County Road 300 Parachute, CO 81635 Merrell MaHaffey 1707 E. Earl Drive Phoenix, AZ 85016 Margaret Beckner 773 26 1/2 Rd Grand Junction, CO 81506 Maureen Fredrick 216 30 Road Grand Junction, CO 81503 Alice MaHaffey Trust Attn. First National Bank in Grand Junction PO Box 608 Grand Junction, CO 81502 Mineral Rights Interest Ownership for Proposed Transmission Line Garfield County Location and Extent Review, 2015 Page 15 of 18 Public Service Company of Colorado, Xcel Energy Rifle (Ute) — Parachute 230kV Transmission Line Project Averyl Mahaffey 4306 S. Forest Meadows Spokane, WA 99206 Donna Mahaffey 4691 Fort Peck Street Central Valley, CA 96019 Edwin Mahaffey 4306 S. Forest Meadows Spokane, WA 99206 Forrest Mahaffey 659 W. Redondo Pl. NBU 4414 Green Valley, AZ 85614 Vera Mahaffey 2029 North 9th Grand Junction, CO 81501 MAP0406 C/O Mineral Acquisition Partners, Inc. 101 N. Robinson- Suite 1000 Oklahoma City, OK 73102-5514 Susan Diane Marie 4061/2 Wedgewoo Ave Grand Junction, CO 81504 Johnny R. Michaelis Revocable Trust and Bobbie Elizabeth Michaelis Revocable Trust PO Box 961 Rifle, CO 81650 Charlene M. Miller 975 Dead Indian Memorial Road Ashland, OR 97520 Mobil Oil PO Box 53 Houston, TX 77001 Jeremey Joe Parkhurst 95-990 Wikao Street, Apt N-201 Milliani, HI 96789 Elliot A and Nancy D Phillips 11055 SE Federal Highway Hobe Sound, FL 33455 Mineral Rights Interest Ownership for Proposed Transmission Line Garfield County Location and Extent Review, 2015 Page 16 of 18 Public Service Company of Colorado, Xcel Energy Rifle (Ute) — Parachute 230kV Transmission Line Project Susan Juhan Ray 25 Ammons Street Lakewood, CO 80226 John H and Melinda M. Rice 697 CR 355 Parachute, CO 81635 John Santos 2851 E. Capricorn Place Chandler, AZ 85249 Joan Savage PO Box 1926 Rifle, CO 81650 Charles M. Sayre 1058 Warrington Deerfield, IL 60015 Vicke Sayre 4981 Rhoads Santa Barbara, CA 93111 Jera R. Schaeffer 265 County Road 337 Parachute, CO 81635 Sheila Schwartz 7663 E. Moura Dr Scottsdale, AZ 85266 Charles A Shear PO Box 426 Collbran, CO 81624 Cottonwood Minerals, LLC 4947 County Road 309 Parachute, CO 81635 Harry Ralph and Shirley Louise Simpson 823 Patricia Drive San Antonia, TX 78216 Diane Smith PO Box 58 Aspen, CO Mineral Rights Interest Ownership for Proposed Transmission Line Garfield County Location and Extent Review, 2015 Page 17 of 18 Public Service Company of Colorado, Xcel Energy Rifle (Ute) — Parachute 230kV Transmission Line Project Sheldon Robert Stein Revocable Trust 3750 Lake Shore Drive Chicago, IL 60613 Mary Lou Thornton 1653 South Sossaman Road Mesa, AZ 85208 Louis M and Sandra R. Thorpe Family Trust 19550 Farwell Ave Saratoga, CA 95070 Union Pacific Railroad Company 1400 Douglas, Stop 1640 Omaha, NE 68179 USA Bureau of Land Management Attn: Colorado River Valley FO 2300 River Frontage Rd. Silt, CO 81652 John J. Watson 21 Delaware Road Easton, Conn 06612 Nevae Williams 11476 West 69th Place Arvada, CO 80004 Wilson Family Trust 1026 Ludwig Avenue Santa Rosa, CA 95407 GSZ, LLC 5312 Southwood Drive Memphis, TN 38120 Mineral Rights Interest Ownership for Proposed Transmission Line Garfield County Location and Extent Review, 2015 Page 18 of 18 11111 14ITOLIifikelk1lr;Ei Ye1LarEy4'L 1111 Reception!#: 856495 11126(2014 09:47:36 RM Jean Alberico 1 of 2 Rec Fee:$0.00 Doc Fee:0 00 GARFIELD COUNTY CO SPECIAL• --__ USE ((PERMIT CC ce' i e. VDfnQa y c3& Q.o{o(L'01104 In accordance with and pursuant to the provisions of the Garfield County Zoning Resolution of 1979, as amended, and Resolution No. 82-95 of the Board of County Commissioners of Garfield County, Colorado, State of Colorado, hereby authorizes, by Special Use Permit, the following activity: construction of a 230/345 KV utility transmission line including associated substation facilities on the following described tract of land in Garfield County, Colorado: 230,000/345,000 Volt Transmission Line from Existing 230,000/345,000 Volt Cameo -Rifle Transmission Line to Parachute Substation. Beginning at a point on the existing Cameo -Rifle 230,000/345,000'volt transmission line located in the N1/2 SE4 Section 5,_Township 7 South, Range 95 West of the 6th Principal Meridian; thence northwesterly to a point on the southeasterly side of the existing Denver and Rio Grande Railroad to a point in the SE4 NTW4 of said Section 5; thence southwesterly and parallel to the Denver and Rio Grande Railroad to a point near the West boundary line NFA SE4 Section 6, Township 7 South, Range 95 West of the 6th Principal Meridian; thence northwesterly across interstate 70 to a point near the center of said Section 6; thence westerly to a point near the southeast corner of the Parachute Substation site. Parachute Substation Site A parcel of land situate in the NE4 of the SW4 of the SD -4 of the NW4 of Section 6, Township 7 South, Range 95 West of the 6th Principal Meridian, County of Garfield, State of Colorado, described as follows: Beginning at a point whence the Southwest corner of said Section 6 bears S.26°42'45"W. a distance of 2901.35 feet said point being the Northwest corner of said NEl of the SW4 of Section 6; thence N.0°54'06"E. along the West boundary line of said SE4 of the NWd a distance of 180.00 feet to a point; thence S.86°42'54"E. a distance of 805.73 feet to a point whence the Northeast corner of said NE4 of the SW4 of Section 6 bears S.68°12'44"E. a distance of 566.83 feet; thence S.1°06124"W.a distance of 580.01 feet to a point whence the Northeast corner of said NP4 of the SW` bears N.55°26'41"E. a distance of 652.22 feet and the Southwest corner of said Section 6 bears S.44°23'16"W. a distance of 3002.43 feet; thence S.67°33'06"W. 412.16 feet to a point; thence N.79°29'04"W. a distance of 430.50 feet to a point on the West boundary line of said NE4 of the SW4; thence N.0°53'27"E. along the West boundary line of said NE4 of the SW4 a distance of 524.97 feet, more or less, to the point of beginning. Contains 12.9656 acres, rf and, A parcel of Lan ituate in Lot 6 of Section 6, wnship 7 South, Range 95 West of the 6th Principal Meridian, County of Garfield, State of Colorado, more particularly described as follows: Beginning at the point whence the Southwest corner of said Section 6 bears 5.26°42'45"W. a distance of 2901.35 feet, said point being the Northeast corner of said Lot 6; thence S.O°53'27"W. along the East boundary line of said Lot 6 a distance of 524.97 feet to a point; thence N.79°29'04"W. a distance of 210.74 feet to a point on the centerline of the Wilcox Canal; thence along said centerline N.32°45'56"E. a distance of 153.90 feet to a point; thence N.18°42'1]"E. a distance of 377.55 feet to a point on the North boundary line of said Lot 6; thence 5.87°00'14"E. along the North boundary of said Lot.6 a distance of 11.02 feet, more or less, to the point of beginning. Containing 1.1528 acres. The within Special Use Permit is issued subject to the conditions set forth in the above-mentioned reolution, and shall be valid only during compliance with such conditions and other applicable provisions • of the Garfield County Zoning Resolution, Subdivision Regulations, Building Code, and other regulations cf the Board of .County Commissioners of Garfield County. ®III RIVICh:fi I111,iM 1,41iif rin rr YE Mk 11111 Reception#: 856495 11/26/2014 09:47:36 nm Jean Rlberieo 2 of 2 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO 6/8/82 Chairman date Preference Order PUBLIC SERIVCE COMPANY RIFLE - PARACHUTE 230 KV LINE - PROPOSED MATERIAL STAGING AREAS (STORAGE YARD SITES) LATITUDE LONGITUDE Deg Min Sec. - Deg Min Sec.- Elevation GPS Pt # Description Owner Parcel ID W 1 39 27 27.7 108 0 59.6 5544 6 Corner of Morisiana and Parachute/Rifle Roads BATTLEMENT MESA LAND INVESTMENTS 240708100152 W 2 39 27 59.5 108 0 43.3 5476 7 Vacant Area south of houses SAVAGE LIMITED PARTNERSHIP I 240704300064 W 3 39 26 52.8 108 0 59.2 5616 5 East of High School BATTLEMENT MESA LAND INVESTMENTS PARCEL 6, LLC 240708400186 W 4 39 27 5.2 108 2 53.7 5104 2 Vacant Industrial Lot (2 Parcels) VALLEY CREEKSIDE LLC 240707307014 and 240707307015 W 5 39 27 9.2 108 2 35.2 5089 3 Vacant Industrial Lot B & V DEVELOPERS, LLC 240707307022 W 6 39 27 20.9 107 58 51.5 6038 9 Non irrigated hay field KADINGER, JESSE & YVONNE 240710100008 W 7 39 27 24.5 107 59 19.8 5933 8 Private Prop irrigated hay field BOTKIN, GUY R & ROBERTA J 240710200014 W 8 39 27 10.8 108 2 16.1 5124 4 Lyons Property - open area north of LYONS, JOHN FAMILY PARTNERSHIP LP 240707400010 WF1 39 27 37.0 107 56 32.3 6318 10 Hay field near wells etc DIAMOND ELK, LLC 240701300143 WF2 39 28 0.8 107 54 59.4 6342 11 Gas Well to South open pasture SAVAGE, JOAN L 240505300082 E 1 39 30 26.0 107 44 26.8 5677 15 Only need rocked yard west of building. For Sale - Renee Morrison 970 260 2018 or Fleisherland Co 970 625 1838 SREI MAMM, LLC 217723400512 E 2 39 31 9.0 107 43 26.8 5561 14 By Airport entrance AIRPORT LAND PARTNERS LIMITED 217724300398 E 3 39 29 34.5 107 51 57.2 5353 12 Across from Porcupine Creek SAVAGE, JOAN L 217526400177 E 4 39 31 7.0 107 43 4.5 5586 13 By Airport and across Road (2 sites) AIRPORT LAND PARTNERS LIMITED 217724300398 E 5 39 31 7.0 107 43 4.5 5586 13 By Airport and across Road (2 sites) BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY 217724100476 E 6 39 29 57.7 107 44 28.8 5723 16 Encanna Property BENZEL LAND LLLP 217736200345 E = East End Storage Yard EF = East End Fly Yard W= West End Storage Yard WF = West End Fly Yard Page 1 ■III l '.61 1W 141a,VirMiHNICiir1i 111.11 11111 Reception#: 809762 10/2412011 04:02:51 PM Jean Rlberico 1 of 4 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO AMENDMENT LAND USE CHANGE PERMIT SPECIAL USE APROVAL to Public Service Company of Colorado - Xcel Energy for the Rifle Substation (Parcel No. 2177-144-00-126) In accordance with and pursuant to Section 4-107 (Amendments to an Approved Land Use Change Permit) of the Garfield County Unified Land Use Resolution of 2008, as amended, the Director of the Building and Planning Department has determined that the proposal is a non -substantial amendment to an existing Special Use Approval, and hereby authorizes, by this Amended Land Use Change Permit, the following activity: Construction of an additional 3,000 sq.ft. storage building and related site improvements accessory to the existing Rifle Substation Facilities on that property described in Exhibit "A", Legal Description and in Exhibit `B" Site Plan Excerpt and generally located on Lots 1, and 2, Section 14, T6S, R93W, also known as 620 County Road 319, Rifle, Colorado, 81650. (County File No. SUAA-6958) This Administrative Permit is hereby issued subject to the conditions set forth in Exhibit "C" (attached hereto) and amends approvals granted by Resolution No. 80- 243, for a 345 KV Transmission Line which included additional terminal and substation facilities at the Rifle Substation. This permit shall be valid only during compliance with applicable provisions of the Garfield County Unified Land Use Resolution of 2008, as amended, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. BUILDING AND PLANNING DEPARTMENT, GARFIELD COUNTY, COLORADO Fred A. Jarman, AICP Building & Planning Dep ment Director /Q 2g 4Dat 1 1111 HAMANN14141111 Reception!: 809762 10/2412011 04:02:51 PM Jean Alberico 2 of 4 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Exhibit A Legal Description EXEMPTION SURVEY LEGAL DESCRIPTION: A PORTION OF LAND LOCATED IN THE SOUT FI HALF OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF RIFLE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMEI4CING AT THE CENTER QUARTER CORNER OF SAID SECTION 14; THENCE SOUTH 00"58'04" WEST A DISTANCE OF 665.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 01'08'50" WEST A DISTANCE OF 280.14 FEET; THENCE SOUTH 00°50'94° WEST A DISTANCE OF 394.85 FEET; THENCE SOUTH 88°4r5r EAST A DISTANCE OF 1318.07 FEET TO THE SOUTHEAST SIXTEENTH CORNER OF SAID SECTION 14; THENCE SOUTH 00°56'07' WEST A DISTANCE QF 1313.57 FEET TO THE EAST SIXTEENTH CORNER OF SAID SECTION 14; THENCE NORTH 88°32137° WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWESII QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 14, A DISTANCE OF 1318.44 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 14; THENCE NORTH 00°56'08" EAST, DEPARTING SAID SOUTH L IL!IE, A DISTANCE OF 655.16 FEET; THENCE NORTH 88°37'09" WEST A DISTANCE OF 868.88 FEET; THENCE NO TH 00°58'51" EAST A DISTANCE OF 654.07 FEET; THENCE NORTH 00°45'46" EAST A DISTANCE OF 345.01 FEST; THENCE NORTH 01°05'22" EAST A DISTANCE OF 306.96 FEET; THEPiCE SOUTH 88 %6`28" EAST A DISTANCE OF 659,22 FEET TO THE POINT OF BEGINNING. CONTAINING 59.493 ACRES OR 2591,507 SQUARE FEET MORE OR LESS. ■!lifiril 11111 Reception#: 809762 10/24/2011 04:02:51 PM Jean Rlberico 3 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Exhibit B Site Plan Excerpt 3 NM PRIVQCK G 110.101111414111,14110411 III Reception#: 809762 10124/2011 04:02:51 PM Jean Alberico 4 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY GO Exhibit C Conditions of Approval a. All prior approvals including but not limited to Resolution No.80-243 and conditions of approval for the Public Service Company of Colorado — Xcel Energy Rifle Substation shall remain in effect. b. The storage structure shall be limited to a maximum of 3,000 sq.ft. and shall comply with all zoning and building code requirements including grading and drainage for the proposed improvements. c. The building permit submittal shall contain storm water management plans and best management practices prepared by a licensed professional engineer for the relocated drainage swale adjacent to the building and any other related storm water impacts. 4 Google earth feet meters 100 600 Public Service Company of Colorado Xcel Rifle to Parachute 230kV Transmission Line Rifle -Parachute Permit Review Summary Jurisdiction Permit/Decision/Action Status Federal Bureau of Land Management New Category 6 FLPMA Right -of -Way Grant Approved -Decision Record and FONSI issued 6/25/2014 Federal Aviation Administration Obstruction Evaluation Due to the proximity to the Rifle Airport, a 7460-1 Application will be submitted online to the FAA. Determination of No Hazard or Notice of Presumed Hazard will be issued. Application will be submitted after Garfield County permit approval and before construction begins. Union Pacific Railroad Crossing License Submit online application and Exhibits to Union Pacific after Garfield County permit approval and before construction begins. Federal Highway Administration Temporary Access & Crossing Agreements for 1-70 Submit Temporary Access and Utility/Special Use Permits to CDOT for regular processing. CDOT will forward to FHWA for review and approval if required. Agreements will be added to CDOT permits. Submit after Garfield County permit approval and before construction begins. U.S. Army Corps of Engineers Letter of Determination Submit letter asking if determination has been made as to whether Creeks and Rivers for overhead crossings are jurisdictional waters and whether the work is covered by a nationwide permit. State Colorado Department of Transportation Utility/Special Use Permit 1-70 Crossings After Garfield County permit approval and before construction begins, mail or submit online a complete application package for each location. Also may require FHWA approval - see above. Permit Review Summary Garfield County Location and Extent Review, 2015 Page 1 of 2 Public Service Company of Colorado Xcel Rifle to Parachute 230kV Transmission Line Colorado Department of Transportation Temporary Access Permit 1-70 Crossings After Garfield County permit approval and before construction begins mail or submit online a complete application package for each location. CDOT will inspect each location and issue the permit and a Notice to Proceed. Also may require FHWA approval - see above. Colorado Department of Public Health & Environment Construction Stormwater Permit After Garfield County permit approval and before construction begins, prepare SWMP and submit Notice of Intent to CDPHE at least 10 days prior to start of construction. Counties Garfield Any permits deemed required or applicable from Road & Bridge, Building or Public Health Once determined, permits will be applied for after approval of the Garfield County land use permit and before construction begins. Municipalities Rifle Rifle Watershed Application currently being prepared. Permit Review Summary Garfield County Location and Extent Review, 2015 Page 2 of 2 TATE OF COLORADO } );s Garfield ) County of Recorded at :0 6 o'clock A M Reception No. 'c.1.2,46646 ;MILDRED ALSDORF, RECORDER SEP 201983 BOOK 635 n3 854 At a regu ar meeting of `the Board of County Commissioners for 'Garfield County, Colorado, >?held at the Commissioners ' Annex in Glenwood- Spr ings on Monday__ .. , the 19th day of Spten ber 1983 , A.D. there were present: when the Eugene _Jim" Drinkhouse Larry Velasquez FlavenJ. Cerise Earl Rhodes Mildred Alsdorf following proceedings,' among others RESOLUTION Commissioner Chairman Commissioner Commissioner County Attorney Clerk of the Board. were had and done, to -wit: N0 83-296 A RESOLUTION CONCERNED WITII THE APPROVAL OF A BY COLORADO UTE ELECTRIC ASSOCIATION, INC.. SPECIAL USE PERMIT APPLICATION. WHEREAS, the Board of county Commissioners of Garfield County, Colorado has receivedan application from Colorado Ute Electric Association, Inc. for a Special Use Permit. for construction and operation of a 345 -KV electric. transmi. s i.on line in the following described corridor: In Garfield County, Colorado: BEGINNING at the Rifle Sub -station southeast of Rifle located in the SW 1/4 SW 1/4 of Section 14; THENCE in a westerly direction to a point in the SE 1/4 SE 1/4, Section 14; THENCE in °a southwesterly direction to the existing 230-kv transmission line; THENCE in a southwesterly direction following said existing 230-kv transmission line to a point in the NE 1/4 NW 1/4 of Section 29, all in Township 6 South, Range 93 West, 6th P.M.; THENCE, in a southerly direction to a point in the SW 1/4 of Section 5, T7S, R93W, 6th P.M.; ; THENCE in a southwesterly direction to a point in the NE 1/4 SE 1/4 of Section 1; THENCE in a westerly direction to a point in the SW 1/4 SW 1/4 of Section 9, T75, R95W, 6th P.M.; THENCE in a westerly direction to a point in the NE 1/4 SW 1/4 of `Section 11; TIIENCE in a southwesterly direction to a point in the SE 1/4 NE 1/4 of Section 5; THENCE iiia southwesterly direction to a point in the SE 1/4 SE 1/4 of Section 16; THENCE in a southwesterly direction to a point in the NW 1/4 NE 1/4 of Section 21, T7S, R95W, 6th P.M.; THENCE in a westerly direction to a point in the NW 1/4 SE 1/4, Section 24, T7S, R96W, 6th P.M. to the existing 230•-kv`transmission line; THENCE in a southwesterly direction following the existing 230-kv transmission line to the Garfield -Mesa County Line to a point in the SE 1/4 NE 1/4, Section 8, T8S, R96W, 6th P.M. and, WHEREAS, pursuant to'required-public notice, the Board conducted a public hearing on the 12th day of -September, 1983, upon the question of whether the above-described special use permit should be granted or denied, at which hearing 'the public and interested persons were given the opportunity -to' express their opinions regarding the issuance of said special use permit; and/ WHEREAS, '' the Board on the basin of the evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That application has teen' filed in accordance with Section 5.03 'c the Garfield County Zoning Resolution of 1978, as amended; 2. Proper public noti::e was provided as required by Section 9.03.04 the. Garfield County Zoning Resolution of 1978,,as amended; aooK ..635 1'4E855 3. The proposed use is compatible with the uses _'existing and permitted in the district in which it is to' be located, provided that certain hereinafter contained conditions be complied with; and 4 . That, neither the impact on traffic_ volume and safety or on util"itic s, or any other impact of ' the special use will be i njurious to the established neighborhood or zone district in which the special use- is oto be located. NOW, THEREFORE, BE IT RESOLVED by :the Board.of.County Commissioners of Garfield County, Colorado, that: a" special 'w5° -permit be .and'hereby is authorized permitting the use"of the above-described c�rridor. for the construction and operation of a 345 -KV electric transmission line,, upon the following specific conditions being ret or agreed upon prior. to construction: 1. All proposals Of the applicant shall be considered conditions of approval, unless expressly stated below; 2. That prior to issuance of the subject special use permits, the. applicant, shall obtain and -submit to the Garfield, Coanty Department of Development/Planning Division copies All permits from other governmental entities County; affectin ar field b. The Publ-ic: Utilities Commission approved Certificate. of Convenience and Necessity; 'and c. The final easement description, location of ewer5 a g poSS�s� easement agreements with private and public- land ownersG�. Sara Zi al: easement description may vary from the proposed route, provided any variation stays on lands `owned by landowners notified 'by return -receipt mail -of this -action and lands owned by the Bureau of Land Management Department of Development staff - will contact affected landowners and inspect easement with applicant ;prior to construction. Any changes suggested by land owners and staff may;'be incorporated into the final design. Color -ado Ute will reimburse Garfield ': County for additional, staff review on cost reimbursement basis1 which in no' case shall exceed $2500.00 for all additional project review. 3. That each storage/staging area be permitted' separately, for: defined periods of time. That prior to issuance of said Special Use Permit (s), the applicant will identify thelocation of each storage/staging area and demonstrate that all sites will be reclaimed to the originai condition if not in an previously approved storage/staging area.; 4. That the applicant will post security in the form of a bond or other acceptable security, for road maintenance as deemed appropriate by the Board and the County Road Supervisor; 5. That security the applicant will post in the form f a bond or other P rl acceptable security, the equivalent to the estimated cost of site - rehabilitation of all private lands affected in Garfield County as deemed appropriate by the Board. 6. That upon allegation by an affected land owner or governmental entity, the Board shall investigate compliance with the conditions of approval, as provided for in section 9.01.06 of Garfield County Zoning. Resolutions,. of 1978, as amended; 7. That the permits shall be reviewedannually for compliance with the permit's conditions of approval until such time that all construction and site rehabilitation has been accepted by the County; 8. That all acr;ess roads on private lands be described as NAR -1C (temporary road to be revegetated upon completion of construction) or NAR-lD (temporary road which will be recontoured and revegetated upon completion of construction), as identified in the Site Specific Landscape Management Plan submitted as a part of this application unless a different type of access road is agreed upon by the landowner involved; 9. That prior to issuance of said Special Use Permit a definite construction time schedule shall be submitted to the County; • 10. That prior to issuance of said, Special Use Permits, the -applicant shall submit verification of the fact that all employees have or will have housing available. 63a PA E853 11. .:-That :said Special Use' Fexmit wi11 be 'taken out within one (`1) dear of the. date, of a ppr_o��a7. of` -the._ resolution and be valic;.only for ._the- �eri�d of time,..ideritified in .the construction schedule;' avid 12`; The Special ;Use Permit shall expire after a priod:of.one hundred twenty days (:120):from the date of issuance; unless'cons:truction or. t_he Pani use. .has-been established within that period: of ime' Upon motion -duly made and seconded y thefollowing vote: ATTEST: the foregoing Resolution CARFIELD`COUNTY COMM SSIONERS BOARD GARFIELD 'COUNTY, COLORADO. STATE OF - COLOR:IDO` )ss County of Garfield Commissioners County Clerk and ex-o:fxiaiu Clerk of the Board of: County Commissioners in and for the County' and,State" .: aforesaid do hereby certify that the annexed and foregoing Order is -truly copied from the Records of the:, Proceedings of the Board of County, Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this, day of ,. 1983, A.D. County Clerk and ex -officio Clerk of the Board of County Commissioners.:., I PERMITTEE DEPARTMENT OF THE INTERIOR U 5 FISH AND WILDLIFE SERVICE FEDERAL FISH AND WILDLIFE PERMIT U.S. Fish and Wildlife Service Migratory Bird Permit Office P.O. Box 25486, DFC (60154) Denver, Colorado 80225-0486 {303) 236-8171 PUBLIC SERVICE COMPANY OF COLORADO dba XCEL ENERGY 1800 LARIM1 R STREET SUITE 400 DENVER, CO 80202 2 AUTHORITY -STA 16 LJSC 668a REGULATIONS 50 CFR 13 50CFR 22.21 NUMB MB43340B-U 4 RENEWABLE YES FE! NO 3 MAYCOPY YES NO G EFFECTIVE 12122/2011 7 EXPIRES 12/31/2016 8 NAME AND TITLE OF PRINCIPAL OFFICER (1J w 1 irrt hittinesr) DAVID EVES PRESIDENT, PUf3I.IC SERVICE COMPANY OF COLORADO 9 TYPE OF PERMIT EAGLE NEST TAKE - ENACTIVE NEST 10 LOCATION WHERE AUTHORIZED ACTIVITY MAY RE CONDUCTED Garfield County, Colorado As specified in Condition #11D below. CONDITIONS AND AUTHORIZATIONS. k (TNF -R& CONDITIONS SET OUT IN SIIOPART P OF SP CFR 13, AND SPECIFIC COWTTIONS CONTAINED IN FEDERAL R}OIA,ATIONS CITED IN PLOCK IIt A30& ARE HEREBY MADE APART OF TIPS PERMIT ALL ACrINTnes Aurit-mi2ED HEREIN MUST PE CARRIED OUT IN RCCORD WITII AND F.0R TNF Pl1RPC#SIS DESCRRED7 IN 'rM! APPLICATION SLIILMITTED CONTINUED VALIDITY, OR RENEWAL, OF THIS PERMIT 15 SUBJECT TO COMPLETE AND TIMELY COL,FU ANCE WITH AD. APPI-ICAL}..E CONDITIONS. INCLUDI NO THE: PILING OF ALJ. REDO RED INFORMATION AND REPORTS 9 THE IotuarY OF TIPS PERMIT IS ALSOC(NIDI11061/5 UPON STRYCT OBSERVANCE OP ALLAPPLICMA,P FOREIGN. STATE LOCAL_ 1WHAT. OROTIIER FEDERAL. LAW C IAL.ID FOR USE ETYI ERMITTFJ1 NAMED ALIOVE The following subperniittees are authorized: Larry Claxton, Jr., Sam Waggoner, Laurin Lee, Chuck Landers, Matthew Peterson, Chad Hazen and Kevin Connelly D You are authorized to relocate one (1) inactive golden eagle (Aquila chrysaetos) nest situated on a transmission line structure located at 39.0340` North (latitude) and 1078565` West (longitude), Garfield County. Colorado. to prevent future impacts to electric service customers, including emergency service agencies. The nest is to be relocated no later than January 1, 2015, to a location on the same transmission line structure at the coordinates listed above. E. This permit does not authorize lethal take or injury of eagles or eggs, nor does it authorize take of the rest in the event an eagle occupies the nest prior to nest relocation, You must notify the permit issuing office at (303) 236-8171 and cease all nest relocation activity if eagles are present at the nest site since the presence of eagles renders this permit invalid, G. You are required to monitor the structure to determine if the eagles attempt to nest at the farmer location where nest deterrents are installed and whether or not new eagle nesting activities are initiated and/or established at the new nest location, and whether young are produced. Monitoring should be done once per month during the golden eagle nesting season (January 1ST to August 31st}, Each monitoring visit should be for 60 minutes in duration. If by June 151, monitoring determines no nesting activity, then monitoring may cease for the remainder of that nesting season. If successful, nesting is observed, monitoring must continue until successful fledging or nest failure/abandonment is documented. ADDITIONAL. CONDITIOK5 AND AUTI-IORJZATIONS ALSO APPLY (Page 1 of 2) 2 tU/* ORTIN0 REQUIRFIViENTS Annual monitoring reporting requirements are outlined in Condition #11G (Form: www.fws.gov1'fOlms/ -202-15.pdf cillIt3Jlwww.fws.aovllormsl3-202-t ;.pdf>). Reporting requir for nest removal is outlined in Condition #11M (Form: IMAM fws.govlfonrls13-202-16 pdf Ehiip IlvMw fw5ggv/forms/3-202.16.vdf- Deputy Chief, Division of Migratory Birds, Region 6 T11 LE REGIONAL DIRECTOR, REGION 6 Dale I DATE ,/ Monitoring should occur at a time of day when golden eagles are most likely to be in the area, e.g.. early morning, before sunrise or tate afternoon. just prior to sunset, e.g. lam- 10am; 5pm-7pm EST. Monitoring must be able to provide data on the following: 1) Nest activity status (active, inactive), 2) Nesting status (incubating golden eagle eggs, golden eaglets present), and 3) Nest occupancy, nest success (golden eaglets fledge, nest failed), and productivity. Monitoring reports must be submitted by June 30 of each calendar year a report is required to the issuing migratory bird permit office at U.S. Fish and Wildlife Service, P.U. Box 25486, DFC (60154), Denver, Colorado 80225, and should include the following information. a. Date and length of time golden eagles were observed; b. Time of day; c. Number of golden eagles observed; d. Observed behavior (e.g perching, feeding, sitting on or attending nest, in flight) e In the event a new golden eagle's nest is built on/adjacent to your property, you must also report the new location and whether the golden eagles produced young at that site. If no golden eagle activity is observed, a report indicating "no activity observed" is still required. The required monitoring period is for two (2) consecutive golden eagle nesting seasons from the completion date of the permitted project or the expiration date of the permit, whichever comes first. The monitoring period may also be extended beyond the 2 nesting seasons if necessary to collect additional data. You may use Fonm 3-202-15 (Eagle Take Report) found online at vwvw.fws.govtforms/3-202-15.odf to report golden eagle monitoring activities, H. During nest removal activity, you are authorized to salvage any eagle carcasses, feathers and parts including nonviable eggs found in or around the nest All molted eagle feathers, parts, and carcasses found at the site must be shipped to the National Eagle Repository. Contact: U.S. Fish and Wildlife Service National Eagle and Wildlife Repository, RMA, Bldg. 128, 6550 Gateway Road, Commerce City, CO 80022 (303) 287.2110. Nonviable eagle eggs or nests or parts of nests must be destroyed by burial or incineration or donated to a qualified public museum, public scientific society, or public zoological park, as defined in 50 CFR 10.12 and approved by the your migratory bird permit issuing office, Subpermittees: Specified in Condition 11C above. J. subpermittees must be at least 18 years of age_ You are responsible for ensuring that your subpermittees are qualified to perform the work and adhere to the terms of your permit. You are aEso responsible for maintaining current records of designated subpermittees. As the permittee, you are ultimatety legally responsible for compliance with the terms and conditions of this permit and that responsibility may not be delegated. K. You and any subpermittees must carry a legible copy of this permit and display it upon request whenever exercising its authority. L. All of the provisions and conditions of the governing regulations at 50 CFR part 13 and 50 CFR 22,27 are conditions of your permit. Failure to comply with the conditions of your permit could be cause for suspension of the permit and/or citation. For copies of the regulations, visit http:l/www. fws.aov/miaratQrvbirds/mbpennn ifs. h(rn1, M. You must submit a report of activities conducted under this permit to the migratory bird permit issuing office, P.O. Box 25486, DFC (60154), Denver, Colorado 80225 within 10 days following completion of the activities or of the expiration of this permit, whichever occurs first. Form 3-202-16 (Eagle Nest Take Report) can be found online at www.fws_gov/forms/3-202-16.odf N. This permit does not authorize you to conduct activities on Federal, State, Tribal, or other pubic or private property without additional prior written permits or permission from the agency/landowner 0. You must maintain records as required in 50 CFR 13.46. All records relating to the permitted activities must be kepi at the location indicated in writing by you to the migratory bird permit issuing office. P. Acceptance of this permit authorizes the U.S. Fish and Wildlife Service to inspect any wildlife held, and to audit or copy any permits, books or records required to be kept by the permit and governing regulations (50 CFR 13 46) Q Permittees and subpermittees operating under this permit may not take or disturb eagles contrary to the laws or regulations of any State, Tribal, or Municipal government, and none of the privileges of this authorization are valid unless the permittee possesses the appropriate State permits, or other authorizations, if required. R The U.S. Fish and Wildlife Service is not liable far any damage or injury to person(s), wildlife, or property that occurs as the result of carrying out the activities associated with this permit For suspected illegal activity Immediately contact USFWS Law Enforcement at; (720) 981-2777 (Page 2 of 2 - MB43340B) Mon, Nov 3 2014— 10:39am — TA403 • 3E0 E'N. 87-00'-14" W. 0 2 000 22' 22' 14' 14' 22' 00 22 14' 14' 22' 50' 296' O N Y N m � O co Y N XI N X IX X X e N. 86°-7947.834- W. LT - o _ _ h I am �;11�-,■.l■ I=1 ■l Bilw� -'��, SrpTIC 19► 11�� KEy[ ri.M.: STAR l► ti, ,I,Orilkilkial.iN0 ��� � ■w tow. Mibi■ � ■de\\ IMI ■ • �11_ '.,. �.!,m41 ■/'■ o riiii ,ISI �•• B° ", iwirimi551.,0NrimMiff IiMMIMitiMiffi g RIM -EL I7 W A01 L SF6 CIRCUIT R A 'S J 0 go P -.P'S D URGE ARRESTE'? A . C VT / V 88.76 STATIC LINE-' X 210' 15' 18' 18' 15' BANK /1 230-25KV X 15-20-25M MR X PROPERTY PROPOSED IMPROVEMENTS/ EQUIPMENT NOTE: EXTEND CONDUIT 10 FL BEYOND FENCE. CAP END & STAKE. ■ LEPHONE 1-2" PVC CAP BANK /1 S. 79°-9-04" EX 641.24' 25KV SUB STATIC LINE 125' 28 52' N CC CC) X O N Z ACS SPO PCG ES X X 0 50' STAT/5 L/NE STATIC LINE 00' IFLE PS CO R 345KVUB 1 1 1 230E 45KV MOM 150' CLOUDED AREAS INDICATE PROPOSED IMPROVEMENTS/EQUIPMENT AREAS THAT ARE NOT CLOUDED REPRESENT EXISTING EQUIPMENT 200' 250' SCALE IN FEET 1" = 10"-0' 0 11918075 INDIAL ISSUE DAH DAH DATE REASON DESCRIPTION DWN DSN ENG CHK DESIGNER APPROVAL: DATE ENGINEER APPROVAL: DATE: REVIEWER APPROVAL SATE: LEI oa XcelEnergy° PSCo SUBSTATION ENGINEERING & DESIGN PARACHUTE SUBSTATION GENERAL ARRANGEMENT LAYOUT SIZE D DWG. No. 166-901.1 REV. 0 SCALE 1"_50•_0" rLE NAME 0166-901.001S01.DWG SHEET No. 01 DF ; i 33 12 25 \_ 2 ;I 34 i 26 18 19 30 17 36 / // \\ i N -.. i , l- 11 1\l 9 16 1 10 15 22 11 14 }C 27 / _. 26 1 \ 13 24 / 18 34 17 5 8 35 4 \�\ 1 t i - ___\--- 1 / 9 16 10 15 32 -`4Ors,y Dumb 2 \71 14 12 • 33 J - 27 26 • • • • • • • 2 7 / 1 7 t .E- / • ,/• v' :•:• 1 i 10 .. 7 RIFLE (UTE)' T— 19 29 Cedar Breaks Rd Crossing PARACHUTE-- East ARACHUTE 6 East Bound 1-70 Crossing rr�amra M 1 Rd la Mesa Rd r\` I Morrisania Mesa Rd Crossing .. t2.... .. . ..j • j • • \ 28 8 9 22 27 21 26 35 r 24 • 19 10 11 7 Spruce Creek Rd Crossing - • 17 29 • 32 8 16 15 21 28 33 22 27 25 34 3 10 14 23 26 Beaver Creek Rd Crossing 35 4 11 13 24 36 2 ry • / 12 17 18 20 19 3d 31 6 7 29 / / 32 5 8 _F. 21 28 4 / 2 11 1 /r 27 34 3 10 26 11 RIFLE - PARACHUTE Roads Project Size 20.5 miles and 375.2 acres Legend Potential Proposed Route E1 Substation Xcel/PSCo Transmission Line 345 kV 230 kV 138 kV 69 kV Xcel / PSCo Pipeline White River 69kV Transmission Line Interstate Federal Highway State Highway Local / County Road f Water Body Stream / Ditch 0 0.5 1 Miles Date: 1/30/2015 Ory XcelEnergy& RESPONSIBLE 8Y NATURE"' 2 r<1 23 2014- 2:40pm 0 Strain Bus Dead -End (Typ.) F 13'-0" Disconnect Gang Switches (Typ.) Dead -End Towers Static Line 230kV Conductor Surge Arrester (Typ.) CCVT SF6 Circuit Breaker (Typ.) Bus Support Structure (Typ.) N) 9'-0" 0'-6" 2'-0" 3'-0" 26'-0' 20'-0" 84'-0" 18'-0" 20'-0 19'-0" 17'-0" 72'-0" 17'-0" 19'-0" 10'-6' 20'-0" 18'-0" 20'-0" 26'-0 84'-0" 0000-00-00 Wo NOIPL ISSUE DAH DPH P0 DATE 0. REVISION DESCRIPTIO DON ENC CH ES ER DATE: 00/00/00 DATE 00/00/00 DA E: 00/00/00 et oa 61, lCcelEnergy. PSCo SUBSTATION ENGINEERING & DESIGN PARACHUTE SUBSTATION UTE RIFLE BAY SECTION SIZE D OWC. No. 0-0.00 0'0EE3/32" = 1.-0"IFIL 0000-000.000s00.DWG SHE OF Colorado PUC E-Filings System Decision No. C13-0256 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO DOCKET NO. 13A -0032E IN THE MATTER OF THE APPLICATION OF PUBLIC SERVICE COMPANY OF COLORADO FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR THE RIFLE — PARACHUTE 230 KV #2 TRANSMISSION PROJECT. ORDER GRANTING CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR THE RIFLE UTE — PARACHUTE 230 KV #2 TRANSMISSION PROJECT Mailed Date: February 28, 2013 Adopted Date: February 27, 2013 I. BY THE COMMISSION 1. On January 11, 2013, Public Service Company of Colorado (Public Service or Company) filed an application requesting that the Colorado Public Utilities Commission (Commission) grant the Company a Certificate of Public Convenience and Necessity (CPCN) to construct the RifleUte — Parachute 230 kV #2 Transmission Project (Project) in accordance with Rules 3102 and 3206 of the Commission's Rules Regulating Electric Utilities, 4 Code of Colorado Regulations (CCR) 723-3, and a finding of reasonableness for noise and magnetic field mitigation. 2. Public Service submitted sworn, direct testimony and exhibits from Thomas W. Green, Keary Hallack, and Danny J. Pearson. These witnesses presented the description and rationale for the Project, alternatives, siting, and permitting activities, and the results of audible noise and magnetic field studies. There were no interventions filed into the docket. Before the Public Utilities Commission of the State of Colorado Decision No. C13-0256 DOCKET NO. 13A -0032E 3. The proposed RifleUte — Parachute 230 kV #2 transmission line will serve future load growth caused by the increasing natural gas development in Mesa and Garfield counties of Colorado, and mitigate North American Electric Reliability Council (NERC) and Western Electricity Coordinating Council (WECC) criteria violations. 4. Gas developers in the Piceance Basin of northwestern Colorado are moving away from gas -powered motors and utilizing electric motors for the gas compression process. Further, two other retail customer load addition projects (totaling approximately 58 MVA) are currently being considered in the area. These proposed projects cannot be implemented until the transmission Project is completed. 5. Public Service evaluated 12 transmission alternatives to serve the new load and to mitigate NERC and WECC criteria violations.' Alternative 1, a line from Parachute Substation to RiflePS2 substation, and Alternative 2, a line from Parachute Substation to RifleUte substation, were determined to be the two acceptable alternatives with the lowest costs. A sensitivity analysis of these two alternatives determined that the load serving capability of each is approximately equal. Alternative 2 is the shortest route and lower cost alternative and is therefore the preferred alternative. This preferred alternative consists of approximately 18 miles of 230 kV transmission line, rated for 576 MVA to be built in a new 150 foot right -of way using 1-1272 kcmil ACSR "Bittern" conductor. It will serve new load as well as mitigate NERC and WECC criteria violations. 1 Exhibit TWG-4, Table 4, Page 42 of 100. 2 There are two separate substation sites at Rifle. At the first site, the north half of the station belongs to Western Area Power Administration ("RifleWA") and the south half belongs to Public Service ("RiflePS" ). The second site is 3.5 miles to the west of the first and is jointly owned by Public Service and Tri-State Generation and Transmission. This second site is referred to as the "RifleCU" or "RifleUte" Substation. This Decision will refer to this site as RifleUte substation. 2 Before the Public Utilities Commission of the State of Colorado Decision No. C13-0256 DOCKET NO. 13A -0032E 6. Public Service 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 right-of-way and are therefore considered reasonable pursuant to Commission rules. 7. The Company modeled the expected audible noise of the Project using the EPRI ENVIRO Program, which utilizes the Bonneville Power Administration sound -modeling subroutine. The model shows that the proposed line routes will all have audible noise levels of 50 dB(A) or less at the right-of-way edge under L50 rain conditions, and will therefore be in compliance with the Commissions transmission noise rules, 3206(f) et al. 8. The CPCN Application contains all of the information required by Commission Rules of Practice and Procedure, 4 CCR 723-1-1303(b) and is therefore deemed complete. 9. The CPCN Application is unopposed. The Commission will determine this matter based upon the submitted written testimony and exhibits of Public Service's witnesses as the written record, without a formal hearing under § 40-6-109(5), C.R.S., and Rule 1403, Commission Rules of Practice and Procedure, 4 CCR 723-1. 10. The Commission has reviewed the CPCN Application and associated testimony and exhibits filed by Public Service. The Commission finds that the proposed Project is required to serve new load and mitigate NERC and WECC criteria violations. The Commission therefore finds that the requested CPCN is in the public interest and grants the application. 3 Before the Public Utilities Commission of the State of Colorado Decision No. C13-0256 DOCKET NO. 13A -0032E II. ORDER A. The Commission Orders That: 1. The Application filed on January 11, 2013, by Public Service Company of Colorado for a Certificate of Public Convenience and Necessity (CPCN) for the construction of the RifleUte — Parachute 230 kV #2 Transmission Project is deemed complete without a hearing. 2. The magnetic field values and the audible noise values presented in the studies meet the conditions of Commission Rules Regulating Electric Utilities 4 Code of Colorado Regulations 723-3-3206(e)(III) and 3206(0(III) and are therefore considered reasonable for the proposed RifleUte — Parachute 230 kV #2 Transmission Project. 3. The CPCN Application from Public Service Company of Colorado for the construction of the RifleUte — Parachute 230 kV #2 Transmission Project is granted. 4. The 20 -day period provided for in § 40-6-114, C.R.S., within which to file applications for rehearing, reargument, or reconsideration begins on the first day following the effective date of this Order. 5. This Order is effective on its Mailed Date. 4 Before the Public Utilities Commission of the State of Colorado Decision No. C13-0256 DOCKET NO. 13A -0032E B. ADOPTED IN COMMISSIONERS' WEEKLY MEETING February 27, 2013. (S E A L) THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO ATTEST: A TRUE COPY Doug Dean, Director 5 JOSHUA B. EPEL JAMES K. TARPEY PAMELA J. PATTON Commissioners Public Service Company of Colorado Xcel Rifle (Ute) to Parachute 230kV Transmission Line Rifle (Ute) to Parachute Transmission Line Public Road Crossings East to West 1. Quicksilver Way — Section 23, T6S, R93W 2. Cedar Banks Road — SE 1/4 Section 21, T6S, R93W 3. Beaver Creek Road (CR 317) — NE 1/4 Section 12, 7S, 94W 4. Spruce Creek Road (CR 329) — NW 1/4 Section 16, 7S, 94W 5. Morrisania Mesa Road (CR 301) — NE 1/4 Section 11, 7S, 95W 6. Rulison-Parachute Road (CR 309) — NE 1/4 Section 4, 7S, 95W 7. 1-70 Frontage Road — SE 1/4 Section 6, 7S, 95W 8. Eastbound 1-70 - SE 1/4 Section 6, 7S, 95W 9. Westbound 1-70 — SE 1/4 Section 6, 7S, 95W Transmission Line Road Crossings Garfield County Location and Extent Review, 2015 Page 1 of 1 '---4.r --i.•... .-.....- _ . --zi..-• -.--_ -- ---.--,--- .... _ ---:-.._-----; =L.:11 --r _.) - ....... ---.....17,.. ..E.,-•1 '.. .4. - -.---... 7....,..... -. -L......: [71-••••••+, 7. A---.. ' ---,--4. ••••.;.....i.----, r • ... - - -7,_''''_.1.:L4'.! ":::;-1-.-:77-44-11"------2!,--.---- - ------ L "-- --1-" . -r-i +4 „ 1............. .3•••• \ ••••••1,._,_ ... 13...... , ,........... 3"-+311L+31.44, +•• ._..._4_...... -.---: _,• 1 -,,--4/.--_, ---,.- . - .....77'... 7- --......-4: • ---, ---_--- `----•-_ i- 7'7- _ ,•'------_----:-.:;,74..._------ 1"----..--I e -,,.7--I-.,. ,__,.i._= ,.. -........ 03 444+4 1+:3 141114+ 4 31 •-•••.-. . ••• •—•41•4.4•1 ••-• • • 44+4•13 1•+••• 1 . +.1 31 •1+4 i •.• 4 • • : n 4—,-.: , . z ..-4-:. * eg+.,:: n nn+44,-+n 3 ., 4 1.4 •4414,1+1. • : - ,__,_.._. zt.,, Google earth feet meters 100 500 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU of LAND MANAGEMENT COLORADO RIVER VALLEY FIELD OFFICE SILT. COLORADO FINDING OF NO SIGNIFICANT IMPACT DOI-BLM-CO-N040-2013-0064 Case File Serial Number: C00075915 FINDING OF NO SIGNIFICANT IMPACT: I have reviewed the direct, indirect and cumulative effects of the proposed activities documented in the Xcel Rifle to Parachute 23OkV Transmission Line EA, No. DOI-BLM-CO-N040-2013- 0064. 1 have also reviewed the project record for this analysis and the impacts of the proposed action and alternatives as disclosed in the Alternatives and Environmental Impacts sections of the EA. Based upon a review of the EA and the supporting documents, I have determined that the project is not a major federal action and will not significantly affect the quality of the human environment, individually or cumulatively with other actions in the general area. Because there would not be any significant impact, an environmental impact statement is not required. APPROVAL: Recommended By: Monte Senor, Realty Specialist Approved By: ."2" Karl IVlendonca,✓Associate Field Manager Date b/45/2(1/T Date 1 DECISION RECORD DOI-BLM-CO-N040-2013-0064 FINAL DECISION: It is my decision to authorize the Proposed Action of the Xcel Rifle to Parachute 230kV Transmission Line project with the proposed mitigation measures as identified below. RATIONALE: The proposed project is consistent with the current land use plan. This decision does not authorize the initiation of construction activities on BLM lands. Such activities will be authorized only upon issuance by BLM of a right-of-way (ROW) grant and Temporary Use Permit (TUP) for portions of the Transmission line on BLM lands. The following mitigation measures are included in my decision to eliminate or reduce environmental impacts that have been identified in this EA. MITIGATION MEASURES and DESIGN FEATURES: Access and Transportation The following design feature would be used to mitigate impacts to existing roads and avoid the need for new roads: • Existing access roads used for installation of the transmission line and structures would be maintained and restored to preconstruction conditions following completion of work. • Public notice and signs would be used for any road closures or detours required during construction. • Any existing routes that are improved to install or maintain the power line that are not a part of the designated route system would be blocked to prevent public access. The routes would need to be blocked using gates, boulders or other approved structures. • Helicopters would be used for transmission line structure installation where no existing access routes are present. Air Quality To minimize fugitive dust production, a BLM approved dust suppressant would be used along access roads as needed during construction activities. Construction equipment and vehicles would not be left idling for excessive periods. Cultural Resources Where feasible, all historic properties would be avoided by ground disturbing actions, using existing access roads and siting structures to avoid adverse effects. Because of the flexibility in placing the transmission line structures, it is anticipated that all eligible historic and prehistoric sites can be avoided during construction. The visual impact of a new transmission line also would be minimized by use of non -reflective steel poles for structures to reduce visibility. Although the preferred mitigation measure is avoidance, for those historic properties that cannot be avoided a treatment plan would be written and included under a memorandum of agreement (MOA) that would be developed between the BLM, SHPO and participating signatories, if any, that could include interested Native American tribes if the property is archaeological in nature. 2 The Advisory Council on Historic Preservation would be invited to participate in the development of the MOA. Any unexpected discoveries of human remains on federal or trust lands would be mitigated under provisions of the Native American Graves Protection and Repatriation Act. In the event of an inadvertent discovery of human remains on non-federal lands, Colorado Statute 18-4-509: (Colorado's Historical, Prehistorical, and Archaeological Resources Act) 24-80, Part 13 would be followed. Native American Religious Concerns Based on tribal consultation, a request to include additional research of specific cultural resources was expressed by Tribal members and will be included in the mitigation of this project through the MOA. Floodplains If transmission line structures must be placed in the Colorado River floodplain, poles would be placed as far from the active channel as possible. Structure placement in wetlands or below the Ordinary High Water Mark would be avoided if possible and appropriate U.S. Army Corps of Engineer approvals secured prior to construction if impacts are unavoidable. Debris protection measures would be placed around poles to prevent flood damage. Regular inspection of the poles in the floodplain by PSCo would be conducted to remove debris and ensure the integrity of the structures. Noise and Electromagnetic Interference All motor vehicles and equipment would have mufflers conforming to original manufacturer specifications that are in good working order and are in constant operation to prevent excessive or unusual noise. Truck traffic would be routed away from sensitive noise areas where feasible. Work would be conducted in compliance with state noise statutes for construction activities in levels in industrial zones. Invasive Non Native Species (Noxious Weeds) All construction equipment and vehicles involved in land disturbing actions would be free of noxious weed seeds or propagative parts prior to entry on site. When working in areas with noxious weeds, equipment would be cleaned prior to moving off site. Any weeds present in the pole construction locations would be treated prior to surface disturbing activities. Plants: Sensitive, Threatened, Endangered Placement of poles within potential or known habitat for sensitive species or communities would be avoided to the extent feasible (see Design Features section of the EA for details). A biological monitor would be present during all construction activities in occupied Harrington's beardtongue habitat to minimize impacts to this species and its habitat. Plants: Vegetation, Wetlands, and Riparian Zones Pole placement is flexible in most cases, and it is likely that poles can be situated to avoid most sensitive vegetation communities such as riparian areas and wetlands. PSCo would apply for a Section 404 permit from the U.S. Army Corps of Engineers prior to construction if impacts to wetlands are unavoidable. An exception to this is the Colorado River, which has a broad 3 floodplain and riparian zone within the project area and likely cannot be completely avoided. All surface disturbances would be seeded with a mixture of native grasses adapted to the site to help prevent the invasion of noxious weeds and to reestablish native, perennial vegetation on the site. Any noxious weeds that become established in the project area would also be controlled by the applicant. The seed mixes are presented in the EA. Recreation In order to minimize impacts to visitors "Public Notices" would be posted at all main access and entry areas prior to construction. Notices would include when the project is occurring (starting and end date), why the project is being done, who is doing it, a map of where the work is occurring, and what exactly is being done. Construction work near popular hunting locations on public land would be limited to the extent possible during the fall (late September to mid- December) to minimize impact to recreational hunting. Soils Impacts to soil resources would be sufficiently mitigated by reseeding as described in the Reclamation section of the EA. Erosion risk would be managed by implementation of the Stormwater Management Plan. Visual Resources In order to maintain a natural looking landscape and comply with VRM Class II, III, and IV objectives, the following design features would be incorporated: • Weathered steel structures would be used to reduce reflectivity and visibility. • Thinning and feathering of adjacent vegetation would be incorporated when trimming vegetation adjacent to the transmission line. Proposed vegetation clearing would be minimal (maximum of 20 feet by 40 feet per pole structure). PSCo would coordinate with BLM to identify the location and extent of any vegetation clearing used to blend vegetation and maintain the natural lines of vegetation borders. • Temporary disturbances would be reclaimed following construction. Waste: Hazardous or Solid All equipment on the project would be maintained in a clean and well-functioning state to avoid or minimize contamination from mechanical fluids. All equipment would be checked daily. Fuels and lubricants would be stored in appropriate containers and refueling would occur in designated areas at a minimum of 100 feet from any stream channels. A hazardous spill plan would be in place, stating what actions would be taken in the case of a spill, notification measures, and preventive measures to be implemented, such as the placement of refueling facilities, storage, and handling of hazardous materials. Wildlife: Aquatic/Fisheries Pole placement is flexible, and would be altered to avoid aquatic habitat or sensitive areas. Reclamation, including reseeding of disturbed areas, would occur as soon as possible following construction. In addition, the Stormwater Management Plan would prevent erosion/sedimentation effects into area drainages. Wildlife: Migratory Birds Clearing activities are proposed to occur outside the breeding season for migratory birds. Construction activities near known and active raptor nesting areas would occur outside the 4 breeding season for those raptors. Recommended seasonal and spatial buffer restrictions for activities near active nests, beyond those that have historically occurred in the project area (including driving on nearby roads, normal maintenance activities, etc), are as follows: • Red-tailed hawk: Avoid 0.33 mile around active nests (nesting season is about February 15 to July 15). • Golden eagle: Avoid 0.50 mile around active nests (nesting season is about December 15 to July 15). • Bald eagle: Avoid 0.50 mile around active nests (nesting season is about October 15 to July 31). • Osprey: Avoid 0.25 mile around active nests (nesting season is about April 1 to August 31). Note that many osprey nest in immediate proximity to human disturbance, such as interstate highways, towns, or ballfields. Active osprey nests within intensive human activity areas do not require seasonal avoidance. Direct impacts to raptors include mortality due to electrocutions, collisions and nest construction. Following "Suggested Practices for Avian Protection on Powerlines: State of the Art, 2006" (APLIC 2006) would reduce the likelihood of impacts from the powerline itself. Wildlife: Sensitive, Threatened, and Endangered PSCo's Stormwater Management Plan and Reclamation Plan would minimize the risk of inadvertent discharge of sediment in waterways that support populations of greenback cutthroat trout, razorback sucker and Colorado pikeminnow. Wildlife: Terrestrial As described in the Reclamation section of the EA, all surface disturbances would be seeded with a mixture of native grasses adapted to the site to help prevent the invasion of noxious weeds and to reestablish native, perennial vegetation on the site. Any noxious weeds that become established in the project area would also be controlled by the applicant. PUBLIC INVOVLEMENT PSCo hosted open houses to solicit comments on the proposed transmission line construction project on November 7th and 8th, 2012 in Rifle and Parachute respectively. An additional public meeting was held on March 5, 2013 in Rifle. Over 770 landowners (individual and business; see Appendix A for complete lists of landowners) within one-quarter mile of the alternative transmission line routes and various federal, state, and local agencies (see Error! Reference source not found. for agency mailing list) were sent notices of the proposed project and invited to attend the public meetings and provide comments. The meeting notice also was posted on the Xcel website (http://www.xcelenergy.com/rifle-parachute) and on BLM's public notice website. In addition, articles announcing the November 2012 meetings were published in the following newspapers: Grand Junction Sentinel Nov. 3, 2012; Glenwood Post Independent Oct. 31, 2012 and Rifle Citizen Telegraph Nov. 1, 2012. About 50 to 60 members of the public and agency representatives participated in the public meetings. Two landowners expressed an interest in meeting with PSCo to discuss specific concerns. PSCo representatives met with those landowners in person during April 2013. Attendees were encouraged to sign in, given comment cards, and encouraged to submit comments in writing. BLM management was present to answer questions. Maps depicting the route alternatives of the proposed transmission line were available. 5 BLM received 17 written comments from the public, via comment cards from the open houses, letters, and emails, Participants at the public meetings also provided oral comments. Agency letters were received from Colorado Parks and Wildlife (CPW) and U.S. Fish and Wildlife Service (FWS). All comment letters were reviewed for substantive comments and concerns and issues were considered and addressed in the environmental analysis. RIGHT OF APPEAL: All of the documents supporting this decision are available for the review by the public. Appeal procedures for this decision are outlined in 'Title 43 of the Code of Federal Regulations (CFR), Part 4. In accordance with Title 43 CFR 4.410 any party to a case who is adversely affected by the decision of an officer of the Bureau of Land Management shall have a right to appeal to the Interior Board of Land Appeals (Board). The Notice of Appeal must be filed in the Bureau of Land Management office that issued the decision within 30 days after the date of service (43 CFR 4.411)_ Procedures for filing an appeal are described on BLM Form 1842-1. NAME OF PREPARER: Monte Senor SIGNATURE OF AUTHORIZED OFFICIAL Karl endonnd Associate Field Manager DATE: r / Z /t( f 6 400 ens ISNV .0-.L .0-. CLOUDED AREAS INDICATE PROPOSED IMPROVEMENTS/EQUIPMENT AREAS THAT ARE NOT CLOUDED REPRESENT EXISTING EQUIPMENT .0-.16 €11) .ry W T - WEST BAS a W Hid ES:60'Z1 KOZ,US w H z 0 1- 03 0) tOtO F V w w O � M w N Z z wa H cc D c9 w�i u -z O cc (5 N 0 Y b O O O r O O 0) O N O 1 rV AM1VNIWI1321d b W • 9 z;53 w it 4- 3NIl3SV8 H1flOS — H1MON >1MXDs\Segment 22x34 Zoni sr it J� J ._ \ 35 1 32 • • • T6S R95W % T6 S Fi94W.t RIF.LE_(UTE)# ,SUBSTATION 217714308001 217721400426 217721100355 217722400261 'Garfield County ___ Regional Airport 1 14 1 13 217721300412 217721300394 217721400429 217723300253 217722400382 217722301006 217726200956 217722301007 217729400957 217722301004 217722301005 dr 217728100371 217722300409 217721401002 217721401001 240706300103 217721401003 36 240706100139 240704100091 240702101002 240706200007 240702200005 40705200006 240706300141 240702100951 240501300066 2 240702300013 2407044001st 240705400085 240701300143 240704200183 240704200093 240705100094 "1"RRIS.4Nj,7 MESA RD 2407063001077 24070640 240711100015 240508300009 240502400017 r 240508300008 240507400069 240510100025 240708100152 • 240512200065 12 240508400024 240711300016 240307300001 240711400013 240510300063 240518100044 T7S R93W 240514100954 240714100953 240518200053 240518300054 240517300067 240517300010 A i -sae. 'Prt 'ea' ; - -_- _1ti _ — ▪ 'fes > -r - f`J /�c. 1'4 _I`/ .. Aer� _3 7 11 12 !' AMERZWIMAIIMMEMftmw -412 ,r Battlement ; t ..National Reservoirs 1 T• 4411�- Grand s t 410 • Mesa. Forest Middy Damm CreS'' RIFLE - PARACHUTE Preferred Route Zoning & Parcels Legend O Substation Interstate Federal Highway State Highway County / Local Road Railroad Xcel / PSCo Pipeline Stream Water Body White River 69kV Transmission Line Existing Xcel/PSCo Transmission Lines 345 kV - 230 kV —138kV - 69 kV Zoning (Garfield County) Airport City Zoning Commercial Planned Unit Development Public Lands Residential Resource Lands Right -of -Way Rural s 0.5 0 Mi Date: 8/12/2014 Xcel Energy RESPONSIBLE BY NATURE TM Or RIFLE (UTE) SUBSTATION MOW �:., 217714410001 217721400426 217714400285 217721100355 217721400460 217721300412 217722400261 I!' E16 E17 Vis. •. 217722400260 217721300394 217721400429 217723300253 217722400382 217722301006 217728100163 217726200956 217722301007 217729400957 217722301004 217722301005 217728100371 217722300409 217721401002 217721401001 217721401003 240304200054 240501300066 240317100952 RIFLE - PARACHUTE Preferred Route Zoning & Parcels \HI IPI b1 U;.]I,. Legend 0 Substation Interstate - Federal Highway State Highway County / Local Road Railroad ---- Xcel / PSCo Pipeline - Stream So Water Body White River 69kV Transmission Line Existing Xcel/PSCo Transmission Lines 345 kV 230 kV 138 kV 69 kV Zoning (Garfield County) Airport City Zoning Commercial Planned Unit Development Public Lands Residential Resource Lands Right -of -Way Rural e 1:' >OL Date: 8/14/2014 0 Xcel Energy RESPONSIBLE BV N A 7 U R ['• 'Segment_22x34_ZoningParcels.mxd RIFLE - PARACHUTE Preferred Route Zoning & Parcels ,_.C\Rl II:I.0 l 01 \ I) Legend a Substation Interstate - - - Federal Highway State Highway County / Local Road Railroad - - - - Xcel / PSCo Pipeline Stream S Water Body White River 69kV Transmission Line Existing Xcel/PSCo Transmission Lines 345 kV 230 kV 138 kV 69 kV Zoning (Garfield County) Airport City Zoning Commercial Planned Unit Development Public Lands Residential Resource Lands Right -of -Way Rural 1,000 500 0 1,000 2,000 3,000 Feet Date: 8/14/2014 Xcel Energy w RESPONSIBLE BY NATURETM Public Service Company of Colorado Xcel Rifle to Parachute 230kV Transmission Line Subject Parcels for Proposed Transmission Line Right -of -Way Parcel Number and Owners, Location, and Zone District Parcel 217714300281 (S14 T6SR93W) - Zone District: Rural Parcel 217714400285 (S14 T6S R93W) - Zone District: Rural Parcel 240706300141 (S6 T7SR95W) - Zone District: Resource Lands Public Service Company of Colorado Attn: Property and Local Tax Department 1225 17th St, Ste 400 Denver, CO 80202-5534 Parcel 240517300010 (S17 T7S R94W) - Zone District: Rural Hilltop 2F2 Ranch, LLLP 7880 CR 309 Rifle, CO 81650-9666 Parcel 240510300063 Parcel 240510100025 Parcel 240508400024 Parcel 240501300066 Parcel 240517300067 Parcel 240518100044 Parcel 240508300008 Parcel 240508300009 Joan L. Savage PO Box 1011 Rifle, CO 81650 (S10 & S15 T7S R94W) - Zone District: Rural (S9 & S10 T7S R94W) - Zone District: Rural (S8, S9, & S17 T7S R94W) - Zone District: Rural (S1 T7S R94W) - Zone District: Rural (S17 T7S R94W) - Zone District: Rural (S7 & S18 T7S R94W) - Zone District: Rural (S8 T7SR94W) - Zone District: Rural (S8 T7S R94W) - Zone District: Rural Parcel 240507400069 (S7 T7SR94W) - Zone District: Rural Dannie P. Locklear SR PO Box 1011 Rifle, CO 81650 Parcel 240711400013 (S11 T7S R95W) - Zone District: Rural Parcel 240711300016 (S11 T7S R95W) - Zone District: Rural Noble Energy, Inc Attn: K.E. Andrews & Co. 1900 Dalrock Rd Rowlett, TX 75088 Parce1240518200053 (S7 & S18 T7S R94W) - Zone District: Rural Katherine A. Bevans Backes 5708 CR 301 Parachute, CO 81635 Parcel 240518300054 (S7 & S18 T7S R94W) - Zone District: Rural Double B Ranch, LLC 5708 CR 301 Parachute, CO 81635-9100 Proposed Transmission Line Right -of -Way Parcel List Garfield County Location and Extent Review, 2015 Page 1 of 6 Public Service Company of Colorado Xcel Rifle to Parachute 230kV Transmission Line Parcel 240711100015 (S11 T7S R95W) - Zone District: Rural Mark A. and Jeanne B. Opstein 4679 CR 301 Parachute, CO 81635 Parcel 240307300001 (S7, S8, & S18 T7S R93W; S12 T7S R94W) - Zone District: Rural Youberg Beaver Creek Ranch Attn: Dr. David R. Youberg 215 S 10th St Sac City, IA 50583-2137 Parcel 240502400017 (S2 & S11 T7S R94W) - Zone District: Rural Winchester Trust dated 09/30/03 & Scarber Allen Russell as Co -trustees & Schultz, Alice Marie As Co -trustees 2715 CR 325 Rifle, CO 81650 Parcel 240511300027 (S11 T7S R94W) - Zone District: Rural United States of America Parcel 240512200065 (S1 & S12 T7S R94W) - Zone District: Rural Parcel 240714100953 (512, S13, S14, 515, S22, S23, S24, S25, & S26 T7S R95W) - Zone District: Public Lands Parcel 240702100951 (S1 & S2 T7SR95W) - Zone District: Public Lands Parcel 240317100952 (S4, S5, S6, S7, S8, S9, S16, & S17 T7S R93W) - Zone District: Public Lands Parcel 240514100954 (S3, S4, S9, 51O, S11, S14, 515, & S16 T7S R94W) - Zone District: Public Lands Parcel 240529400957 (S20, S21, S28, S29, S3O, S32, & S33 T6S R93W) - Zone District: Public Lands Parcel 217726200956 (S22, S23, S26, 527, 534, & S35 T6S R93W) - Zone District: Public Lands USA Bureau of Land Management Attn: Colorado River Valley FO 2300 River Frontage Rd. Silt, CO 81652 Parcel 240705400085 (S5 T7SR95W) - Zone District: Rural Thomas Lynn Tompkins 0269 CR 309 Parachute, CO 81635 Parcel 240706400001 (S6 T7SR95W) - Zone District: Rural Parcel 240706100139 (S5, S6, & S7 T7SR95W; S2, S3, & S31 T6SR95W; S12 T7SR96W) - Zone District: Resource Lands Exxon Mobil Corporation Attn: Exxon Co. USA PO Box 53 Houston, TX 77001-0053 Proposed Transmission Line Right -of -Way Parcel List Garfield County Location and Extent Review, 2015 Page 2 of 6 Public Service Company of Colorado Xcel Rifle to Parachute 230kV Transmission Line Parcel 240702300013 (S2 T7SR95W) - Zone District: Rural Richard L. and Patricia M. Hanson 700 CR 355 Parachute, CO 81635-9140 Parcel 240705100094 (S4 & S5 T7SR95W) - Zone District: Rural Cindi and Eric Digerness 999 CR 309 Parachute, CO 81635-9141 Parcel 240704200093 (S4 T7SR95W) - Zone District: Rural James L. and Bonnie L. Lawrence 998 CR 309 Parachute, CO 81635 Parcel 240704200161 (S4 T7SR95W) - Zone District: Rural Alfred T. and Viola L. Tanner 992 CR 309 Parachute, CO 81635-9131 Parcel 240704200163 (S7 T7SR95W) - Zone District: Rural Todd S. Anselman 994 CR 309 Parachute, CO 81635-9131 Parcel 240701300143 (S1, S2, & S12 T7S R95W; S6 T7S R94W) - Zone District: Rural Diamond Elk, LLC c/o Merit Advisors PO Box 330 Gainesville, TX 76241 Parcel 240304200054 (S4 T7SR93W) - Zone District: Rural Parcel 217721100355 (S21 T6SR93W) - Zone District: Rural Encana Oil and Gas (USA), Inc c/o Merit Appraisal and Tax Consulting PO Box 330 Gainesville, TX 76241 Parcel 240704200160 (S4 T7SR95W) - Zone District: Rural James A. Knight and Scott J. Knight 1047 Willow Creek Cr. Longmont, CO 80503 Parcel 240704100091 (S3, S4, & S5 T7SR95W) - Zone District: Rural Proposed Transmission Line Right -of -Way Parcel List Garfield County Location and Extent Review, 2015 Page 3 of 6 Public Service Company of Colorado Xcel Rifle to Parachute 230kV Transmission Line Scott J. Knight 1047 Willow Creek Cr. Longmont, CO 80503 and Harriett Knight Ranch, LLC 620 25 1/2 Rd, No. 4 Grand Junction, CO 81505 Parcel 240702200005 (S2 T7SR95W) - Zone District: Rural WPX Energy Rocky Mountain, LLC c/o Merit Advisors, LP PO Box 330 Gainesville, TX 76241 Parcel 240705200006 (S5 & S6 T7S R95W; S32 T6S R95W) - Zone District: Rural Barry J. Hicks 780 26 1/2 Rd Grand Junction, CO 81506 and Key Equity Holdings 8895 Highway 6 and 24 Parachute, CO 81635 Parcel 240706300103 (S6 T7SR95W) - Zone District: Commercial/Limited Barry A. Hicks 780 26 1/2 Rd Grand Junction, CO 81506 Parcel 240702101002 (S2 T6SR95W) - Zone District: Rural Ida L. Hoaglund 4064 CR 309 Parachute, CO 81635-9108 Parcel 217728100163 (S28 T6S R93W) - Zone District: Rural Richard M. and Shirley Benjamin 10444 CR 320 Rifle, CO 81650-9614 Parcel 217728100371 (S28 T6S R93W) - Zone District: Rural Timothy L. Emmett 851 Cedar Breaks Rd. Rifle, CO 81650 Parcel 217721401001 (S21 T6S R93W) - Zone District: Rural Parcel 217721401003 (S21 T6SR93W) - Zone District: Rural Ryan A. May 1120 Cedar Breaks Rd. Rifle, CO 81650-1359 Parcel 217722301004 (S22 T6SR93W) - Zone District: Rural Proposed Transmission Line Right -of -Way Parcel List Garfield County Location and Extent Review, 2015 Page 4 of 6 Public Service Company of Colorado Xcel Rifle to Parachute 230kV Transmission Line Parcel 217722301005 (S22 T6SR93W) - Zone District: Rural Parcel 217722301006 (S22 T6SR93W) - Zone District: Rural Parcel 217722301007 (S22 T6SR93W) - Zone District: Rural George H. Daniels III 176 GH Daniels Blvd Gypsum, CO 81637 Parcel 217722400382 (S22 T6S R93W) - Zone District: Rural Kent Coker 1300 Quick Silver Way Rifle, CO 81650 Parcel 217722300409 (S22 T6SR93W) - Zone District: Rural Justin L. and Nicole L. Macklin 1000 Cedar Breaks Rd. Rifle, CO 81650 Parcel 217721401002 (S21 T6S R93W) - Zone District: Rural Hert Development PO Box 3381 Glenwood Springs, CO 81602 Parcel 217721400429 (S21 T6S R93W) - Zone District: Rural Robert John and Roberta K. Faulkner 351 Mustang Mesa Trail Rifle, CO 81650 Parcel 217721300412 (S21 T6S R93W) - Zone District: Rural Kim A. and Linda R. Bartel 655 Mustang Mesa Trail Rifle, CO 81650 Parcel 217721300394 (S21 T6S R93W) - Zone District: Rural Michael E. and Cynthia H. O'Farrell 755 Mustang Mesa Trail Rifle, CO 81650-8447 Parcel 217723300253 (S23 T6SR93W) - Zone District: Rural William G. and Maureen Louise Jewell 1885 CR 319 Rifle, CO 81650 Parcel 217722400260 (S22 & S23 T6S R93W) - Zone District: Rural Parcel 217722400261 (S22 T6S R93W) - Zone District: Rural C & B Revocable Family Living Trust 124 E Leota St Wasilla, AK 99654 Parcel 217721400426 (S21 & S28 T6S R93W) - Zone District: Rural Proposed Transmission Line Right -of -Way Parcel List Garfield County Location and Extent Review, 2015 Page 5 of 6 Public Service Company of Colorado Xcel Rifle to Parachute 230kV Transmission Line David Wade Bradfield 676 5th St Meeker, CO 81641 Parcel 217721400460 (S21 T6S R93W) - Zone District: Rural Eric Hiebert 160 Mustang Mesa Trail Rifle, CO 81650 Parcel 240706200007 (S6 T7SR95W) - Zone District: Resource Land Mobil Oil Corp Attn: Tax Department PO Box 53 Houston, TX 77001 Parcel 240708100152 (S5, S6, S7, S8, S9, S1O, S16, 517, S18, & S19 T7S R95W; S13 & S14 T7S R96W) - Zone District: Planned Unit Development Battlement Mesa Land Investments 73 G Sipprelle Dr. Parachute, CO 81636 Parcel 217714410001 (S14 T6S R93W) - Zone District: Incorporated City or Town Airport Land Partners Limited 312 AABC, Ste A Aspen, CO 81611-2568 Parcel 217714308001 (S14 T6S R93W) - Zone District: Incorporated City or Town Continental Rifle, LLC 1907 Wayzata Blvd, Ste 250 Wayzata, MN 55391 Proposed Transmission Line Right -of -Way Parcel List Garfield County Location and Extent Review, 2015 Page 6 of 6 Disconnect Gang Switches (Typ.) Dead -End Towers 0 Static Line 230kV Conductor Bus Support Structure (Typ.) Surge Arrester (Typ.) CCVT (Typ.) 13'-0" 13'-0" SF6 Circuit Breaker (Typ.) r 8'-0" 6'-0" 12'-0" 26-0 17•_0" 17• 0" 15'-0" 68'-0" 75'-0" 30'-0" 17-6" 17'-6" 25'-0" 90'-0" 0 2014-10-27 11948011 INITIAL ISSUE REV DATE W.O. REVISION DESCRIPTION DAS DAS PO OWN DSN ENG GIN DESIGNER APPROVAL: GATE. IFEVIEWERAPPRWAL: GATE. IDEO y� FOR BY USING SAFETY PRACTICTHIS MAP/OCLUMENT IS A E PROOL TOCEDURES AND EONPMENT AS DESCRIBED PERFORMANCESIST EMPLOYEES IN THE THE SAFETY TRAINING PROGRAMOF THEIR JOBS.YOUR PERSONAL S, MANUALS MANUAS ETY IS P ANO SPARS. a INTERNAL INFORMATION: C9 NOT COPY OR DISTRIBUTE WITHOUT EXPRESS WRITTEN CONSENT FROM XCEL ENERGY RIFLE UTE 230/345KV SUBSTATION UTER € J TYPICAL BAY ▪ LiLei SECTION DATE XcelEnergy 0209-006.053SO4 1'-1' 0" 0 3/32 ANSI COREDGN 9/8/2014 1:53:37 PM 75' -120' 1 75' f 75' V6 - PROPOSED E M C MF DEADEND VANG (TYP.) SECTION B-8 3•-0• —0"t SUP JOINT 11'-0" 11.-0" VIEW A—A 22'-0" 0 02/16/10 RLO 0JP INIML ISSUE NO DATE DWN CHK REVISION MF NO 0000 PUBLICSERVICE COMPANY' OF COLORADO" A aeeeer®ewr 230KV STEEL POLE TANGENT H -FRAME ANCHOR BOLT FOUNDATION Electric Engineering Services Division Transmission Engineering Department :NA t-NFME: SRSBA100 R—CODE: R0000000 a O m 0 6 PLOTTED BY AUTOCAD REL 18.05 (LMS TECH) ON 02-16-10 AT 12:34 liJr VI �E, =mac =`v PLAN .n (►"".� VIEW THIS MAPIDOCUMENT ISA TOOL TO ASSIST EMPLOYEES IN THE PERFORMANCE OF THEIR JOBS.YOUR PERSONAL SAFETY IS PROVIDED FOR BY USING SAFETY PRACTICES, PROCEDURES AND EQUIPMENT AS DESCRIBED IN THE SAFETY TRAINING PROGRAMS, MANUALS AND SPARS. INTERNAL INFORMATION: DO NOT COPY OR DISTRIBUTE WITHOUT EXPRESS WRITTEN CONSENT FROM XCEL ENERGY RIFLE - PARACHUTE 230KV 23O kV 3 POLE DEADEND. 1 CIRCUIT HORIZONTAL CONFIGURATION DIRECT EMBED "0, XcelEnergy° SRDSALOO SCALE a Public Service Company of Colorado Xcel Rifle to Parachute 230kV Transmission Line Photo Documentation • Photo Location Map • Photo Narrative • Photos 1 through 14 Photo Documentation Garfield County Location and Extent Review, 2015 r TO, err 4 1.' r i's • nit PHOTO #3 PHOTO #8 PHOTO #1 PHOTO #10 PHOTO 116 PHOTO #7 PHOTO #12 Red Apple Orchards PHOTO #4 1PHOTO #21 PHOTO #9 Morisania Ranch Battlement Mesa PHOTO #14 PHOTO #5 PHOTO #13 Legend QSubstation +++-f Railroad roPotentialAlignment — — • Xcel / PSCo Pipeline — Interstate Stream — - Federal Highway S Water Body - State Highway County Boundary County / Local Road — White River 69kV Transmission Line Rd Subdivision Existing Xcel/PSCo Transmission Line Land Owner - 345 kV BLM 230 kV IMUSFS - 138 kV - 69 kV Date: 9/16/2014 RIFLE - PARACHUTE Photo Locations Xcel Energy' Public Service Company of Colorado Xcel Rifle to Parachute 230kV Transmission Line Photo Location Description The locations of the photos listed below are identified on the Photo Locations Map. Photo #1 - The line to the left is the Public Service Company of Colorado/ Xcel existing Rifle -Grand Junction 345kV transmission line. The lattice structures are dulled galvanized steel and are 115 feet tall. The line on the right is the Public Service Company of Colorado/ Xcel existing Rifle -Parachute 230kV transmission line. The H -frame structures are wood made from Western Red Cedar and are 70-75 feet tall. The proposed 230kV H -frame transmission line, made from weathering steel, will be located to the left of the existing 345kV line. Photo#2 - The photo shows the Public Service Company of Colorado/ Xcel existing Rifle -Parachute 230kV transmission line. The H -frame structures are wood made from Western Red Cedar and are 70 feet tall. The proposed 230kV transmission line will not parallel this portion of the line. The subject photo was taken to represent what the new line would look like, except the new line will be made of weathering steel instead of wood. Photo #3 - The line to the right is Public Service Company of Colorado/ Xcel existing Rifle -Grand Junction 345kV line. The lattice structures are dulled galvanized steel and are 115 feet tall. The line on the left is Public Service Company of Colorado/ Xcel existing Rifle -Parachute 230kV transmission line. The H -frame structures are wood made from Western Red Cedar and are 70-75 feet tall. The proposed 230kV H -frame transmission line, made from weathering steel, will be located to the right of the existing 345kV transmission line. Photo #4 - The Public Service Company of Colorado/ Xcel 345 kV transmission line and corridor, southwest of Rifle, CO. The proposed 230kV H -frame transmission line, made from weathering steel, will be located within the existing transmission line corridor. The location of the photo is identified on the Photo Locations Map. Photo #5 - The Public Service Company of Colorado/ Xcel 345 kV transmission line and corridor, southwest of Rifle, CO. The proposed 230kV H -frame transmission line, made from weathering steel, will be located within the existing transmission line corridor. Photo #6 - The Public Service Company of Colorado/ Xcel 230 kV transmission line and corridor, southwest of Rifle, CO. The proposed 230kV transmission line will not parallel this portion of the line. The subject photo was taken to represent what the new line would look like, except the new line will be made of weathering steel instead of wood. Photo #7 - The Public Service Company of Colorado/ Xcel 230 kV transmission line and corridor, east of Parachute, CO. The proposed 230kV H -frame transmission line, made from weathering steel, will be located within the existing 230 kV corridor. Photo #8 - The Public Service Company of Colorado/ Xcel 230 kV transmission line and corridor, southwest of Rifle, CO. The proposed 230kV transmission line will not parallel this portion of the line. The subject photo was taken to represent what the new line would look like, except the new line will be made of weathering steel instead of wood. Photo #9 - The Public Service Company of Colorado/ Xcel 230 kV transmission line and corridor, southwest of Rifle, CO. The proposed 230kV transmission line will not parallel this portion of the Photo Documentation Garfield County Location and Extent Review, 2015 Page 2 Public Service Company of Colorado Xcel Rifle to Parachute 230kV Transmission Line line. The subject photo was taken to represent what the new line would look like, except the new line will be made of weathering steel instead of wood. Photo #10 - The line to the left is the Public Service Company of Colorado/ Xcel existing Rifle -Grand Junction 345kV transmission line. The lattice structures are dulled galvanized steel and are 115 feet tall. The line on the right is the Public Service Company of Colorado/ Xcel existing Rifle -Parachute 230kV transmission line. The H -frame structures are wood made from Western Red Cedar and are 70-75 feet tall. The proposed 230kV H -frame transmission line, made from weathering steel, will be located to the within the existing transmission line corridor. Photo #11 - The line is the Public Service Company of Colorado/ Xcel existing Rifle -Grand Junction 345kV transmission line. The lattice structures are dulled galvanized steel and are 115 feet tall. The proposed 230kV H -frame transmission line, made from weathering steel, will be located to the left of the existing 345kV transmission line and will range from 75 feet -120 feet in height. Photo#12 - The majority of the proposed transmission line will parallel existing lines; however, there will be one small section where the project will create a new greenfield corridor. Photo #12 looks south across the proposed corridor at Public Service Company of Colorado/ Xcel existing Rifle -Grand Junction 345kV line. The proposed 230kV H -frame line, made from weathering steel, will be located approximately in the center of the photo and will range from 75 feet -120 feet in height. Photo #13 - The portion of the Public Service Company of Colorado/ Xcel existing Rifle -Grand Junction 345kV transmission line is constructed on dulled galvanized steel H -frames and the first structure in the photo is approximately 120 feet tall. The proposed 230kV H -frame transmission line, made from weathering steel, will be located to the right of the existing 345kV line and will range from 75 feet -120 feet in height. Photo #14 - The line is the Public Service Company of Colorado/ Xcel existing Rifle -Parachute 230kV transmission line. The H -frame structures are wood made from Western Red Cedar and are 80 feet tall. The dulled galvanized steel lattice structure (115 feet) is part of the tap line that brings the 230kV power across the Colorado River and into the Parachute Substation. The proposed 230kV H -frame line, made from weathering steel, will be located to the right of the existing 230kV transmission line and will range from 75 feet -120 feet in height. Photo Documentation Garfield County Location and Extent Review, 2015 Page 3 Public Service Company of Colorado Xcel Rifle to Parachute 230kV Transmission Line Photo 1 Photo 2 Photo Documentation Garfield County Location and Extent Review, 2015 Page 4 Public Service Company of Colorado Xcel Rifle to Parachute 230kV Transmission Line Photo 3 Photo 4 Photo Documentation Garfield County Location and Extent Review, 2015 Page 5 Public Service Company of Colorado Xcel Rifle to Parachute 230kV Transmission Line Photo 5 Photo 6 Photo Documentation Garfield County Location and Extent Review, 2015 Page 6 Public Service Company of Colorado Xcel Rifle to Parachute 230kV Transmission Line Photo 7 Photo 8 Photo Documentation Garfield County Location and Extent Review, 2015 Page 7 Public Service Company of Colorado Xcel Rifle to Parachute 230kV Transmission Line Photo 9 Photo 10 Photo Documentation Garfield County Location and Extent Review, 2015 Page 8 Public Service Company of Colorado Xcel Rifle to Parachute 230kV Transmission Line Photo 11 Photo 12 Photo Documentation Garfield County Location and Extent Review, 2015 Page 9 Public Service Company of Colorado Xcel Rifle to Parachute 230kV Transmission Line Photo 13 Photo 14 Photo Documentation Garfield County Location and Extent Review, 2015 Page 10 Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project Proposed Parachute Substation Improvement Plans The following plans detail the proposed improvements to the Parachute Substation located in Parachute, CO. Improvements to the existing Parachute Substation will allow the subject facility to function as one of the terminal points for the transmission line. Proposed improvements are: ■ (2) Dead -End Towers ■ Static Lines ■ 230kV Conductors (Cables and Aluminum Tubes) ■ (4) Disconnect Gang Switches & (6) Disconnect Gang Switch Supports ■ (3) Surge Arresters and (1)CCVT ■ (2) SF6 Circuit Breakers The substation is located on a parcel owned by Public Service Company of Colorado, an Xcel Energy Company. The Parachute Substation is located on Parcel # 240706300141, Section 6, Township 6 South, and Range 95 West within the Resource Lands zone district. PSCo constructed the Parachute substation in 1982. A Special Use Permit (Resolution 82-95) was issued for the construction of a transmission line and the Parachute Substation. The following are included in the Rifle (Ute) Substation Improvement Plans document: • Parachute Substation Details • Parcel # 240706300141 Deed • Special Use Permit- Transmission Line and Parachute Substation • Current Aerial Figure • General Arrangement • Section View Parachute Substation Improvement Plans Garfield County Location and Extent Review, 2015 Xcel Energr Location: PROJECT DESCRIPTION Parachute Substation (PARA) Operating Co: PSC Date: 09/18/2014 Substation Engineering and Design Project Title: PARA -ADD 230kV UTE-RIFLE LINE TERMINATION Project (W.O.) Number: In -Service Date: Parent Number: Program Manager: Project Manager: Prepared By: HD Estimate Name: Estimate Type, Amount: Transmission Asset Planning 11948075 May 01, 2016 11926170 Bill Anderson George Sanders Subesh Aryal PARA-SEr2-New 230kV Line to Ute - Rifle Scoping -- $2,023,780 I. Project Purpose & Scope The scope of this project is to construct a new 230kV bay at Parachute substation consisting of two 230kV SF6 circuit breakers, five gang switches, three surge arresters, and a CCVT to terminate a new 230kV Ute Rifle/Parachute line. Two dead-end towers adjoined by a girder will also be constructed. The new 230kV line will have OPGW installed. Hence, the pilot protection for this new transmission line will utilize fiber optic cable as a communication medium between each end of the line. The new line is expected to be brought into the Parachute substation from the east side. The existing 230kV east and west strain buses are expected to be reused for this project. For this reason, the five gang switches to be installed are expected to be of 'V' type switches as they have smaller footprints than their vertical break counterparts. Installing 'V' switches instead of vertical break switches will eliminate the need to rebuild the 230kV bus sections. Please refer to one -line budget and General Arrangement budget drawings for details. The in -service -date for this project is expected to be May 01, 2016. 1 `cam Cr) U) re q w CC ca _. o;o Iv 0 KNOW ALL MEN BY THESE PRESENTS: That EXXON COR?ORATION, a New Jersey corporation qualified to do business in the State of Colorado, for the consideration of Ten Dollars ($10.00) and ocher o z good and valuable consideration,. the receipt of which is hereby o_ acknowledged, hereby sells and conveys to PUBLIC SERVICE COMPANY OF d v COLORADO, a Colorado corporation, the following real property Os situate in Garfield County, State of Colorado, to -wit "1 ci LL BARGAIN AND SALE DEED ao11( 656 ? 9 [) as 0 cC Reception No. PARCEL "A" A parcel of Land containing 8.83 acres more or less situated in the Northeast 1/4 of the Southwest 1 /4, Southeast 1/4 of the North-west 1/4 and Lot 6,, Section 6, Township -7 South, Range 95 West of the 6th Principal Meridian, County of Garfield, State of Colorado, described as follows: All bearings contained herein being Colorado Grid Bearings (Central Zone) True bearings are obtained by rotating all bearings herein counterclockwise 01°35'12". Commencing at the southwest corner of said Section 6, from whence the West 1/4 corner of said Section 6 bears N 00°44'51 E a distance of -2664.98 feet; Thence N_26°43"39" E a distance of 2901.93 feet to the northeast corner of said Lot 6, said corner being the true POINT OF BEGINNING; Thence N 03°25'39" E along the west boundary line of said Southeast 1/4 .of the Northwest 1/4, a distance of 26.62 feet; Thence $ 79°28'10" E a distznce of 673.45 feet; Thence S 10°31'50" W a distance of 445.50 feet; Thence S 67°34'00" W a distance of 181.04 feet; Thence N 79°28'10" W a distance of 641.24 feet to a point on the centerline of the Wilcox Canal; Thence N 32'46'50" E along the centerline of sAid canal a distance . of 153.9.0 feet; Thence N :18743'05" E a'_ong the centerline of said canal a distance of_377.55 feet to a point on the north boundary line of said Lot 6; Thence S 87°00'39" E along the north boundary line of said Lot 6, a distance of 11.03 feet to the true POINT OF BEGINNING. RESERVING and EXCEPTING therefrom, however, all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, wells and wellrigha:s, and springs and spring rights, on, underlying, and appurtenant to or historically used it connection with said lands; and Further reserving and excepting therefrom, however, all minerals, including oil and gas, and mineral rights in ,and under said lands, which otherwise have not been reserved previously or conveyed by parties other than grantor, and the right and privilege of mining and/or removing same insofar as such can be removed Page 1 of 2 without materially said land. impairing the'.` subsurface, SIGNED and delivered this 6th day , I S", / 4.• By: Assistan't re tary STATE OF TEXAS COUNTY OF " A_RRIS n My—commission expires: LzGiNipO. MARSH Note ry;F olit#' Stat$ of texas My .mmission,-Fjc ; LI/n/41;4 S: -)a: ►+� MME, or lateral support` of of September EXXON CORPORATION 1984. foregoing instrument was. acknowledged before me of September , 1984 by Edward T. DiCorcia ident, . and by R. Barry Wilson , as of EXXON CORPORATION. TNESS my" hand and official seal. O.K. a �n f Trade 'a>f this , as Assistant Notary Public Business Address: P. 0. Box 2180 Houston' Texas 77001 Page 2 of.2 11111 14ITOLIifikelk1lr;Ei Ye1LarEy4'L 1111 Reception!#: 856495 11126(2014 09:47:36 RM Jean Alberico 1 of 2 Rec Fee:$0.00 Doc Fee:0 00 GARFIELD COUNTY CO SPECIAL• --__ USE ((PERMIT CC ce' i e. VDfnQa y c3& Q.o{o(L'01104 In accordance with and pursuant to the provisions of the Garfield County Zoning Resolution of 1979, as amended, and Resolution No. 82-95 of the Board of County Commissioners of Garfield County, Colorado, State of Colorado, hereby authorizes, by Special Use Permit, the following activity: construction of a 230/345 KV utility transmission line including associated substation facilities on the following described tract of land in Garfield County, Colorado: 230,000/345,000 Volt Transmission Line from Existing 230,000/345,000 Volt Cameo -Rifle Transmission Line to Parachute Substation. Beginning at a point on the existing Cameo -Rifle 230,000/345,000'volt transmission line located in the N1/2 SE4 Section 5,_Township 7 South, Range 95 West of the 6th Principal Meridian; thence northwesterly to a point on the southeasterly side of the existing Denver and Rio Grande Railroad to a point in the SE4 NTW4 of said Section 5; thence southwesterly and parallel to the Denver and Rio Grande Railroad to a point near the West boundary line NFA SE4 Section 6, Township 7 South, Range 95 West of the 6th Principal Meridian; thence northwesterly across interstate 70 to a point near the center of said Section 6; thence westerly to a point near the southeast corner of the Parachute Substation site. Parachute Substation Site A parcel of land situate in the NE4 of the SW4 of the SD -4 of the NW4 of Section 6, Township 7 South, Range 95 West of the 6th Principal Meridian, County of Garfield, State of Colorado, described as follows: Beginning at a point whence the Southwest corner of said Section 6 bears S.26°42'45"W. a distance of 2901.35 feet said point being the Northwest corner of said NEl of the SW4 of Section 6; thence N.0°54'06"E. along the West boundary line of said SE4 of the NWd a distance of 180.00 feet to a point; thence S.86°42'54"E. a distance of 805.73 feet to a point whence the Northeast corner of said NE4 of the SW4 of Section 6 bears S.68°12'44"E. a distance of 566.83 feet; thence S.1°06124"W.a distance of 580.01 feet to a point whence the Northeast corner of said NP4 of the SW` bears N.55°26'41"E. a distance of 652.22 feet and the Southwest corner of said Section 6 bears S.44°23'16"W. a distance of 3002.43 feet; thence S.67°33'06"W. 412.16 feet to a point; thence N.79°29'04"W. a distance of 430.50 feet to a point on the West boundary line of said NE4 of the SW4; thence N.0°53'27"E. along the West boundary line of said NE4 of the SW4 a distance of 524.97 feet, more or less, to the point of beginning. Contains 12.9656 acres, rf and, A parcel of Lan ituate in Lot 6 of Section 6, wnship 7 South, Range 95 West of the 6th Principal Meridian, County of Garfield, State of Colorado, more particularly described as follows: Beginning at the point whence the Southwest corner of said Section 6 bears 5.26°42'45"W. a distance of 2901.35 feet, said point being the Northeast corner of said Lot 6; thence S.O°53'27"W. along the East boundary line of said Lot 6 a distance of 524.97 feet to a point; thence N.79°29'04"W. a distance of 210.74 feet to a point on the centerline of the Wilcox Canal; thence along said centerline N.32°45'56"E. a distance of 153.90 feet to a point; thence N.18°42'1]"E. a distance of 377.55 feet to a point on the North boundary line of said Lot 6; thence 5.87°00'14"E. along the North boundary of said Lot.6 a distance of 11.02 feet, more or less, to the point of beginning. Containing 1.1528 acres. The within Special Use Permit is issued subject to the conditions set forth in the above-mentioned reolution, and shall be valid only during compliance with such conditions and other applicable provisions • of the Garfield County Zoning Resolution, Subdivision Regulations, Building Code, and other regulations cf the Board of .County Commissioners of Garfield County. ®III RIVICh:fi I111,iM 1,41iif rin rr YE Mk 11111 Reception#: 856495 11/26/2014 09:47:36 nm Jean Rlberieo 2 of 2 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO 6/8/82 Chairman date Google earth feet meters 100 600 Mon, Nov 3 2014— 10:39am — TA403 • 3E0 E'N. 87-00'-14" W. 0 2 000 22' 22' 14' 14' 22' 00 22 14' 14' 22' 50' 296' O N Y N m � O co Y N XI N X IX X X e N. 86°-7947.834- W. LT - o _ _ h I am �;11�-,■.l■ I=1 ■l Bilw� -'��, SrpTIC 19► 11�� KEy[ ri.M.: STAR l► ti, ,I,Orilkilkial.iN0 ��� � ■w tow. Mibi■ � ■de\\ IMI ■ • �11_ '.,. �.!,m41 ■/'■ o riiii ,ISI �•• B° ", iwirimi551.,0NrimMiff IiMMIMitiMiffi g RIM -EL I7 W A01 L SF6 CIRCUIT R A 'S J 0 go P -.P'S D URGE ARRESTE'? A . C VT / V 88.76 STATIC LINE-' X 210' 15' 18' 18' 15' BANK /1 230-25KV X 15-20-25M MR X PROPERTY PROPOSED IMPROVEMENTS/ EQUIPMENT NOTE: EXTEND CONDUIT 10 FL BEYOND FENCE. CAP END & STAKE. ■ LEPHONE 1-2" PVC CAP BANK /1 S. 79°-9-04" EX 641.24' 25KV SUB STATIC LINE 125' 28 52' N CC CC) X O N Z ACS SPO PCG ES X X 0 50' STAT/5 L/NE STATIC LINE 00' IFLE PS CO R 345KVUB 1 1 1 230E 45KV MOM 150' CLOUDED AREAS INDICATE PROPOSED IMPROVEMENTS/EQUIPMENT AREAS THAT ARE NOT CLOUDED REPRESENT EXISTING EQUIPMENT 200' 250' SCALE IN FEET 1" = 10"-0' 0 11918075 INDIAL ISSUE DAH DAH DATE REASON DESCRIPTION DWN DSN ENG CHK DESIGNER APPROVAL: DATE ENGINEER APPROVAL: DATE: REVIEWER APPROVAL SATE: LEI oa XcelEnergy° PSCo SUBSTATION ENGINEERING & DESIGN PARACHUTE SUBSTATION GENERAL ARRANGEMENT LAYOUT SIZE D DWG. No. 166-901.1 REV. 0 SCALE 1"_50•_0" rLE NAME 0166-901.001S01.DWG SHEET No. 01 DF r<1 23 2014- 2:40pm 0 Strain Bus Dead -End (Typ.) F 13'-0" Disconnect Gang Switches (Typ.) Dead -End Towers Static Line 230kV Conductor Surge Arrester (Typ.) CCVT SF6 Circuit Breaker (Typ.) Bus Support Structure (Typ.) N) 9'-0" 0'-6" 2'-0" 3'-0" 26'-0' 20'-0" 84'-0" 18'-0" 20'-0 19'-0" 17'-0" 72'-0" 17'-0" 19'-0" 10'-6' 20'-0" 18'-0" 20'-0" 26'-0 84'-0" 0000-00-00 Wo NOIPL ISSUE DAH DPH P0 DATE 0. REVISION DESCRIPTIO DON ENC CH ES ER DATE: 00/00/00 DATE 00/00/00 DA E: 00/00/00 et oa 61, lCcelEnergy. PSCo SUBSTATION ENGINEERING & DESIGN PARACHUTE SUBSTATION UTE RIFLE BAY SECTION SIZE D OWC. No. 0-0.00 0'0EE3/32" = 1.-0"IFIL 0000-000.000s00.DWG SHE OF Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project Proposed Rifle (Ute) Substation Improvement Plans The following plans detail the proposed improvements to the Rifle (Ute) Substation located in Rifle, CO. Improvements to the existing Rifle (Ute) Substation will allow the subject facility to function as one of the terminal points for the transmission line. Proposed improvements are: • (2) Dead -End Towers • Static Lines • 230kV Conductors • (10) Disconnect Gang Switches • (6) Surge Arresters and (6) CCVTS • (3) SF6 Circuit Breakers The substation is located on a parcel owned by Public Service Company of Colorado, an Xcel Energy Company. The Rifle (Ute) Substation is located on Parcel #217714400285 Section 14, Township 6 South, and Range 93 West within the Rural zone district. PSCo acquired the Rifle (Ute) substation in 1992 from Colorado Ute Electric Association. The Rifle (Ute) Substation was constructed from 1961 to 1963. The acquisition occurred after the initial construction was completed for the Rifle (Ute) Substation. The initial original resolution and permit could not be located in the Garfield County records. An approved resolution (Resolution Number 83-296) was approved for a transmission line. The states the transmission line begins at the Rifle (Ute) substation. Two Amendments Land Use Change Permits were issued for the Rifle (Ute) Substation in 2011 and 2012. The following are included in the Rifle (Ute) Substation Improvement Plans document: • Rifle (Ute) Substation Details • Rifle (Ute) Substation Parcel Deed • Rifle (Ute) Substation Permits • Current Aerial Figure • General Arrangement • Section View Rifle (Ute) Substation Improvement Plans Garfield County Location and Extent Review, 2015 Xcel Energr Location: PROJECT DESCRIPTION Rifle Ute Substation (LITER) Operating Co: PSC Date: 12/11/2014 Substation Engineering and Design Project Title: UTER-ADD 230kV PARACHUTE LINE TERMINATION Project (W.O.) Number: In -Service Date: Program Manager: Project Manager: Prepared By: HD Estimate Name: Estimate Type, Amount: Transmission Asset Planning 11948011 May 01, 2016 Bill Anderson George Sanders Tim Lougheed UTER-SEr0-11948011-Revised New 230kV Line to Parachute Scoping -- $4,393,636 I. Project Purpose & Scope The purpose of this project is to construct a second 230kV Line (twenty one (21) miles) termination at Rifle Ute to connect to Parachute substation. Currently, Rifle Ute is configured as a three position main -and -transfer bus. In order to meet the Substation Design criteria, the configuration needs to be rebuilt to a ring bus configuration. The main and transfer bus will be rebuilt, 3 new breakers will be installed to form a ring bus. The new Parachute line will terminate on the west side of the new expansion, and Rifle line 3007 will be relocated to terminate off the north side of the ring bus. Three CCVTs and arresters will be installed in each of the positions. Existing CCVTs will be reused where possible. Metering and relaying for the existing positions will remain. The in -service -date for this project is expected to be May 01, 2016. Background This work is part of system improvements to serve the load growth anticipated at the Una Orchard, Starkey Gulch, Middle Fork (Bench) and Bluestone Valley substations. 1 RECORDED AEC t 414 5IILDRED ALSDORF COUNTY CLERK' BOOK 828 eact985 GARHIELD EPR rtri 19x92 ri s „iis ll SPECIAL WARRANTY DEED, ASSIGNMENT AND BILL OF SALE Return To: Chicago Title of Colo., Inc. 1225 17th St., Suite 1570 Denver, CO 80202 Attn: Don Ford THIS SPECIAL WARRANTY DEED, ASSIGNMENT AND BILL OF SALE is made as of the 15th day of April, 1992, among Colorado -Ute Electric Association, Inc., a Colorado cooperative association whose address is 1845 South Townsend Avenue, Montrose, Colorado, Victor R. Palmieri whose address is 245 Park Avenue, 35th Floor, New York, New York (the "Trustee"), as Trustee for the Estate of Colorado -Ute Electric Association, Inc., in Bankruptcy Case No. 90 B 03761 C, United States Bankruptcy Court for the District of Colorado (the "Court"), collectively the GRANTORS, Tri-State Generation and Transmission Association, Inc., a Colorado cooperative association whose address is 12076 Grant Street, Thornton, Colorado ("Tri-State") and Public Service Company of Colorado, a Colorado corporation whose address is 1225 17th Street, Denver, Colorado ("PSCo"), collectively the GRANTEES. This instrument is made pursuant to that certain order of the Court dated February 19, 1992 as supplemented by that order of the Court dated March 20, 1992 in Bankruptcy Case No. 90 B 03761 C (the "Order"), which Order is attached hereto as Exhibit A. The premises conveyed by this instrument are conveyed as Assets (as referred to in the Order) of Colorado -Ute which GRANTORS are authorized to sell pursuant to the Order. 1. Conveyance. The GRANTORS, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold, conveyed and assigned, and by these presents do grant, bargain, sell, convey and assign to Instrumcnt #96 BOOK 828 rot 9S 3 Tri-State and P3Co, their successors and assigns forever, all right, title, and intere3t of the GRANTORS in and to the following (collectively the "Conveyed Assets") in the manner hereinafter specified: a. Substaions. Undivided ownership interests to Tri-State and PSCo as specified on Exhibit 8, attached hereto, in the substations which are located in the County of Garfield, State of Colorado and are described on Exhibit B (the "Substations"), together with all transformers, circuit breakers, switches, meters, control buildings, buswork, conductors, power line carrier and related equipment constituting the Substations (the "Substation Equipment"); b. Real Property. To PSCo an undivided 100% ownership interest in and to all of the real property legally described as set forth in 5xhibit A-1, attached hereto, together with all and singular the hereditaments and appurtenances thereto belonging, or in any way appertaining thereto, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claims and demand whatsoever of the GRANTORS, either in law or equity, of, in and to the bargained premises, with the hereditaments and appurtenances (the "Real Property"), together with: i. All rights to ditches, reservoirs, and wells, and all adjudicated and unadjudicated water rights and rights to surface water and ground water on, under, used upon or in connection with or otherwise appurtenant to, the Real Property; ii. All mineral interests in, to and under the Real Property not heretofore conveyed, excepted, or reserved by others; and iii. All rights of way, easements, licenses, permits, unexpired leases and other real property interests necessary for the operation of the Substations, including but not limited to those identified on Exhibit B-1 attached hereto (the "Other Interests"); provided, however, that the substation located on that part of the Real Property commonly known as Rifle 345 kV sub Area E, and the warehouse located on the Real Property commonly known as the Rifle Warehouse are specifically excluded from the Real Property conveyed herein. BOOK 828 PAcE987 c. Personal Property. Undivided ownership interests to Tri-State and PSCo as specified on Exhibit B, attached hereto, in all other furniture, fixtures, equipment and other tangible personal property which is located on the Real Property or Other Interests; exclusive, however, of (i) all inventory, tools, spare parts, shop and garage equipment, stores equipment, power operated equipment and other materials and supplies which are located at, related to or used in connection with the Substations and (ii) all telecommuni- cations equipment located at the Substations, including but not limited to, microwave, two-way radio, telephone, satellite, fiber optic equipment and related towers and structures (the "Personal Property"). Excepting and excluding from this conveyance the federal income tax ownership and unrelated tax benefits associated with Rifle 345 kV Transmission Sub Area A and Rifle 345 kV Transmission Sub Area B heretofore conveyed by Colorado -Ute to Norfolk and Western Railway Company ("N & W") pursuant to a Safe -Harbor Lease dated September 20, 1982 between N & W and Colorado -Ute. 2. Severance. The GRANTORS hereby reserve all right, title and interest in and to the telecommunication equipment located on or affixed to the Real Property and Other Interests, including, but not limited to, all microwave, two-way radio, telephone, satellite, fiber optic equipment and related towers and structures, and the GRANTORS intend that such telecommunications equipment be severed from the Real Property and Other Interests, even if physically attache thereto and deemed to be personal property. The GRANTORS f ur ocher reserve a license in and to the Real Property and Other Interests upon which such telecommunications equipment is located, which license shall permit the GRANTORS, and their successors and assigns, to allow the telecommunications equipment to remain located on such Real Property and Other Interests. The license hereby created shall be perpetual and rent free; provided, that, such license shall automatically terminate at such time as the telecommunications equipment is no longer utilized by the owner or owners of such equipment. 3. Capacity Entitlement. An entitlement for Tri-State and PSCc to make use of the transfer capability of the Substations in the manner specified on Exhibit C, attached hereto, (the "Capacity Entitlements"). The Capacity Entitlements are subject to and may be modified from time to time in accordance with, the terms of that certain Contract for Interconnections and Transmission Service dated as of April 15, 1992 by and between Tri-State and PSCo. The ownership interests in the Substations are specifically subject to the respective Capacity Entitlements of Tri-State and PSCo which are herein assigned. Boot( 828 rAu9SS 4. Permitted Liens. The Conveyed Assets are hereby granted, bargained, sold, conveyed and assigned pursuant to the Order free and clear of all liens, claims, encumbrances, rights of third parties and interests to the extent effected by the Order except for the liens for current real property, personal property or ad valorem taxes which are not yet due and payable, which liens are permitted under the Order (the /°Permitted Liens"). 5. Special Warranty: Limitatioacin Warranties. a. The Trustee hereby covenants with the ®888, their successors and assigns to the Conveyed Assets, that the Trustee has not, for his part, done, executed, or suffered any act or thing whatsoever whereby the above-described Conveyed Assets or any part thereof, now or at any time hereafter, shall be imperiled, charged, or encumbered in any manner whatsoever other than the Permitted Liens, and the Trustee hereby agrees that he shall warrant and defend the title to the Conveyed Assets against all and every person and persons claiming the whole or any part thereof through or under the Trustee. b. The Trustee, for himself and his successors and assigns, covenants with the GRANTEES and their successors and assigns to the Conveyed Assets that the Trustee has good and lawful right to grant, bargain, sell, assign and convey all right, title and interest, if any, of the GRAWTORS in and to the Conveyed Assets pursuant to the Order, and that all acts, conditions, and things required by law to be performed by the Trustee relating to the authority of the Trustee to execute and deliver this instrument have happened or have been performed in a form and manner as required by law. BOOS 828 ncE9S9 c. NOTWITHSTANDING ANY STATEMENT OR ANYTHING ELSE IN THIS SPECIAL WARRANTY DEED, ASSIGNMENT AND BILL OF SALE TO THE CONTRARY, EXCEPT AS EXPRESSLY SET FORTH IN PARAGRAPHS 5(a) AND 5(b), THE TRUSTEE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER TO GRANTEES OR GRANTEES' SUCCESSORS AND ASSIGNS. IN WITNESS WHEREOF, this instrument has been executed by the GRANTORS on the date set forth above. THE TRUSTEE COLORADO -''TE ELECTRIC ASSOCIATION, INC. J2-- By Victor H. Palmieri Victor H. Palmieri, Trustee STATE OF NEW JERSEY ) ) ss. } COUNTY OF The foregoin instrument was acknowledged before me this day of , 1992, by Victor H. Palmieri, as Trustee for the Estat4f Colorado -Ute Electric Association, Inc. and in Bankruptcy Case No. 90B03761C, United States Bankruptcy Court for the District of Colorado. Witness my hand and official seal. ary '•ub is My Co ission expires: WAIVER OF RIGHT TO PARTITION So long as the Substations which are owned on an undivided basis by Tri-State and PSCo, or any part thereof as originally constructed, reconstructed or added to is used or useful for the transmission of electrical power and energy, or to the end of the period permitted by applicable law, whichever first occurs, Tri-State and PSCo each hereby waive their right to partition, whether by partition in kind or sale and division of the proceeds thereof, and agree that they will not resort to any action at law or in equity to partition and further waive the benefit of all laws that may now or hereafter authorize such partition of the Conveyed Assets comprising such Substations. All instruments of conveyance which effect, evidence or vest the ownership interests of Tri-State or PSCo in a grantee or such grantee's successors and assigns shall contain this waiver Ito tru nrat R96 of right to partition. It is deemed to run with the land. PUBLIC SERVICE COMPANY OF COLORADO B' is Attest BOOK SZS PAGES agreed that this covenant shall be TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, By tC)Ltt ;7 C571 By Its carol J. 1:....'.e Assistant Secretary STATE OF COLORADO ss. COUNTY OF DENVER Attest: • Its '-1 ',4 9 The foregoing instrument was acknowledged before me this day o 19144-x' , 1992, by I.). and in their capacity as /D, and , respectively, of Tri-State Generation and Transmis ion Association, Inc., a Colorado cooperative association. Witness my hand and official seal. STATE OF COLORADO COUNTY OF DENVER ) ) ) SS. Notary Public My Commission expires: The oregoing instrument was acknowledged before me this i rL day of i ;� 1992 , by ie. �' 1� and �t-tt in their capacity as ,t• 0./J2 u Th respectively, of Public erv1ce Company a Colora4 corporation. Witness my hand and official - 5 - ad mil Nota ri ublic My Commission expires: ins anirmit aselik an that Ve /are a V, am! ea1By9 ellbe ong.,,31 _ on Na ti aeq I (11 icdal custody. CGer W m,., . E.XHIBiT A UNITED STATES BANKRUPTCY COURT Ey_- OR THE DISTRICT OF COLORADO IN RE: COLORADO -UTE ELECTRIC ASSOCIATION, INC., Debtor. ®ol 82S Par,E99l FILED —,RADFORD L BOLTON, CLEPK Ery r. • .i is 09 U.S. BANKRUPTCY COURT DISTRICT OF COLOrtA00 Bankruptcy Case No. 90 B 03761 C ORDER CONFIRMING SECOND AMENDED JOINT PLAN OF REORGANIZATION, AS MODIFIED, PROPOSED BY PUBLIC SERVICE COMPANY OF COLORADO, PACIFICORP ELECTRIC OPERATIONS, TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. AND INTERMOUNTAIN RURAL ELECTRIC ASSOCIATION THIS case came before the Court for hearing on February 7, 1992, to consider confirmation of the Second Amended Joint Plan of Reorganization proposed by Public Servi_ce Company of Colorado, PacifiCorp Electric Operations, Tri-State Generation and Transmission Association, Inc. and Intermountain Rural Electric Association, as modified in Post Solicitation Modifications to Second Amended Joint Plan of Reorganization dated January 28, 1992 and February 7, 1992 and this Order .("Plan"),I The Court has reviewed the records and files in this case and considered the following: A. The objections to confit,nation of the Plan filed by: 1. Associated Electric and Gas Insurance Limited and Aegis Insurance Services, Inc.; 2. Centel Electric Company, Centel Corporation, and UtiliCorp United, Inc.; 3. William V. Taylor; 4. The United States Department of Energy, including the Department of Energy's Western Area Power Administration; 5. Central Bank, National Association, as indenture trustee; 'Capitalized terms used and not defined in this Order shall have the meaning given to such terms in the Plan (including the Asset Purchase Agreement). 4i BOOK 828 PA1E992 6. Norwest Bank Minnesota, National Association; 7, Pyropower Corporation; and 8. United States Trust Company of New York, as Trustee, and the Owner Participants; B. The memoranda filed by certain parties in support of and in opposition to the objections, the written and other testimony offered by the Plan Proponents and accepted by the Court at the February 7, 1992 hearing, and the testimony introduced by other parties in interest at the hearing; C. The exhibits offered and admitted into evidence by all parties at the February 7, 1992 hearing; D. The offers of proof, arguments and stipulations made by counsel for the various parties at the February 7, 1992 hearing; and E. The Plan, the Motions to Approve Post Solicitation Modifications to Second Amended Joint Plan of Reorganization (the "Motions to Modify") , the Disclosure Statement and the Certificates of Service with respect to the Notice of the confirmation hearing and related procedural matters. Based upon the foregoing the Court, being fully advised, makes the following findings of fact and conclusions of law: FINDINGS QF FACT 1. Colorado -Ute Electric Association, Inc. ("Debtor") filed its voluntary petition under Chapter 11 of the Bankruptcy Code on March 30, 1990, in the United States Bankruptcy Court for the District of Colorado. On or about August 17, 1990, Victor H. Palmieri was approved by the Court as Trustee for the Debtor. 2. Public Service Company of Colorado ("PSCo"), PacifiCorp Electric Operations ("PacifiCorp"), Tri-State Generation and Transmission Association, Inc. ("Tri-State"), and Intermountain Rural Electric Association ("IREA") (collectively "Plan Proponents"), filed their Second Amended Joint Plan of Reorganization in this case dated December 19, 1991. That Plan was modified on January 28, 1992 and February 7, 1992. 3. After due and proper notice to all parties in interest in connection with this case, the Disclosure Statement for the Plan was approved by the Court by Order dated December 20, 1991. 4. After approval of the Disclosure Statement, the Plan Proponents caused copies of the approved Disclosure Statement, the 2 BOOK 828 P*GE993 Plan, ballots for accepting or rejecting the Plan, and the Order fixing the time for submission of ballots and for filing and serving objections to confirmation of the Plan to be served upon all parties in interest in this case in accordance with the orders of the Court, the local rules applicable in this District, the Federal Rules of Bankruptcy Procedure, and the applicable provisions of the Code, and notice of the order approving the Disclosure Statement to be published in accordance with its terms. Notice of the confirmation hearing and of the date for voting on and filing and serving objections to the Plan is adequate and proper in all respects. 5. on January 28, 1992 and Februai':y 7, 1992, the Plan Proponents filed and served their Post -Solicitation Modifications and the Motions to Modify. None of the modifications adversely change the treatment of any class of claims that has not consented to such modifications. 6. The Plan complies with all applicable provisions of Title 11. 7. The Plan Proponents have complied with all applicable provisions of Title 11. 8. The Plan has been proposed in good faith and not by any means forbidden by law. 9. Any payment made or to be made by the P' ,n Proponents, the Debtor, the Trustee, or a person issuing secu_ pies or acquiring property under the Plan, for services or for costs and expenses in or in connection with the case, or in connection with the Plan and incident to the case, has been approved by, or is subject to the approval of, the Court as reasonable. 10. The Plan Proponents have disclosed the identity and affiliations of any individuals proposed to serve, after confirmation of the Plan, as a director, officer, or voting trustee of the Debtor, an affiliate of the Debtor participating in a joint plan with the Debtor, or a successor to the Debtor under the Plan; the appointment to or continuance in such office of such individual is consistent with the interests of creditors and equity security holders and with public policy; and the Plan Proponents have disclosed the identity of any insider that will be employed or retained by the Debtor and the nature of any compensation for such insider. 11. Any governmental regulatory commission with jurisdiction, after confirmation of the Plan, over the rates of the Debtor, has approved any rate change provided in the Plan, or such rate change is expressly conditioned on such approval. BOOK 828 PacE994 12. with respect to each impaired class of claims or interests, each holder of a claim or interest of such class has either accepted the Plan or will receive or retain under the Plan on account of such claim or interest property of a value, as of the Effective Date of the Plan, that is not less than the amount that such holder would so receive or retain if the Debtor were liquidated under Chapter 7 of Title 11 on such date. 13. Classes 1, 3 (b) (1) , 3 (b) (4) , 4 (a) , and 6(a) are not impaired under the Plan. Classes 2(a)(1), 2(a)(2), 2(a)(3), 2(a) (4), 2(b), 2(c) (1), 2(c) (2), 2(d) (2) through (7), 3(a), 3(b) (3), 4(b), 5(a), 5(b), 6(b), 7(a) and 7(b) have accepted the Plan. Therefore, except as provided in Paragraph 20 of this Order, with respect to each class of claims and interests, each such class has either accepted the Plan or is not impaired under the Plan. 14. Except to the extent that the holder of a particular claim has agreed to a different treatment of such claim, the Plan provides that; with respect to a claim of the kind specified in Section 507(a)(1) or (2) of the Code, on the Effective Date of the Plan the holder of such claim will receive on account of such claim cash equal to the allowed amount of such claim, with respect to a class of claims of a kind specified in Section 507 (a) (3) , (4) , (5) , or (6) of the Code, each holder of a claim of such class will receive cash on the Effective Date of the Plan equal to the allowed amount of such claim; and with respect to a claim of a kind specified in Section 507(a) (7) of the Code, the holder of such claim will receive on account of such claim cash on the Effective Date of the Plan equal to the allowed amount of such claim. 15. At least one class of claims that is impaired under the Plan has accepted the Plan, determined without including any acceptance of the Plan by an insider. 16. Except to the extent that liquidation is proposed in the Plan, confirmation of the Plan is not likely to be followed by the liquidation or need for further financial reorganization of the Debtor or any successor to the Debtor under the Plan. 17. All fees payable under 28 U.S.C. Section 1930, as determined by the Court at the hearing on confirmation of the Plan, have been paid or the Plan provides for the payment of such fees on the Effective Date of the Plan. 18. The Plan provides for the continuation, after the Effective Date, of payment of all retiree benefits, as that term is defined in Section 1114 of the Code, at the level established pursuant to subsection (e)(1)(B) or (g) of Section 1114 of the Code at any time prior to confirmation of the Plan for the duration of the period the Debtor haf Thligated itself to provide such benefits. 4 �...) BOOK 828 PAGE995 b ` 19. All conditions to confirmation of the Plan contained in Section 7.1 of the Plan have been either satisfied or duly waived by the Plan Proponents in accordance with the provisions of the Plan. 20. Notwithstanding Paragraph 13 of this Order, all of the applicable requirements of Section 1129(a) of the Code, other than Section 1129 (a) (8) , are met with respect to Class 2 (d) (1) . With respect to such Class, the Plan Proponents modified the Plan at the Confirmation Hearing to delete paragraphs 6.11(e), 5.4(a)(i) and 5.4(a)(ii) of the Plan, and to substitute the following as Paragraph 5.4(a) (i) of the Plan: "The Trustee shall establish an interest bearing account known as the 'Pyropower Reserve Account' on the Effective Date. Pyropower's lien shall transfer to the Pyropower Reserve Account. PSCo, PacifiCorp and Tri-State will each fund the Pyropower Reserve Account on the Effective Date with cash or a clean letter of credit in the amount of $2,000,000 each. When the Class 2(d)(1) Claim shall have been Allowed or disallowed by a Final Order, the Trustee shall, unless the Claim was disallowed, make a draw against any such Letters of Credit in an amount equal to one-third of such Allowed Class 2(d) (1) Claim and the Trustee shall pay to Pyropower from the Pyropower Reserve Account the amount of the Allowed Class 2(d)(1) Claim. Immediately thereafter, the Trustee shall: (1) return the original Letter of Credit to the Plan Proponent who furnished it; and (2) pay the balance of the Pyropower Reserve Account pro rata to each Plan Proponent who deposited cash, instead of a Letter of Credit, into the Pyropower Reserve Account." Pyropower consented to the foregoing modifications and withdrew its Objection to confirmation of the Plan. 21. With respect to Class 4(b), the Court finds that in the event Class 4(b) has not accepted the Plan pursuant to § 1129(a) of the Code, the Plan is fair and equitable and does not discriminate unfairly with respect to such Class for the reasons stated of record by the Court at the Confirmation Hearing. CONCLUSIONS OF LAW Upon the foregoing, it is ORDERED, ADJUDGED AND DECREED: A. The Motions to Modify are granted and the modification contained in Paragraph 27 of this Order is approved. eoOK 82S N3E996 5. The Plan is hereby confirmed in accordance with Section 1129 the Code. C. The assumption and assignment or rejection of contracts and leases, as provided in the Plan, i:.; approved. D. The sales of Assets, as provided in the Plan, is approved and, to the extent provided in the Plan, such Assets are sold to the respective purchasers free and clear of all liens, claims, encumbrances, rights of third parties and interests. E. The Trustee is authorized and directed to take all steps necessary and appropriate to implement and consummate the Plan and all of the transactions contemplated in the Plan, including but not limited to execution and performance of the Asset Purchase Agreement in substantially the form attached to the Plan as Exhibit 1. F. The Plan Proponents shall, promptly after entry of this order, give notice by mail of the entry of this Order of Confirmation to each party who received notice of the Confirmation Hearing. G. The property of the Estate shall not revest in the Debtor. H. Notwithstanding Paragraph 7..3 of the Plan and any other provision of the Plan that would 'permit waiver of the conditions contained in the Plan or the Asset Purchase Agreement, the conditions contained in Section 10.02(d) of the Asset Purchase Agreement shall not be waived. I. The following Stipulation among the Plan Proponents and the Creditors' Committee is approved: "No Allowed Class 6(b) Claims of Salt River or Platte River which arise from the assumption or assumption with modifications of the Yampa Project Participation Agreement or Hayden Participation Agreement shall be entitled to be paid from Fund II." J. The Court r extent provided by th U.S.C. § 133 urisdiction over this case to the tcy Code, 28 U.S.C. § 157 and 28 NOTICE OF ENTRY ON DOCKET Notice is Hereby Ginn that Pursuant to Huls F.R.B.P., the Foregoing Order of Judgma was i 7 Entered Sjt ! By saonkr2.p1d atricia Ann Clark United States Bankruptcy Judge attar and airily Tee an that the foregoing k /are a Wit, true and carred ore °t the original on Re in . mp; ado* and in my MOW custody "d Cast tr UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO BOOK 828 PAG€99 FILED BRADFORD L BOLTON, CLERK MAR 2 01992 e.s. nr.,;; ,. , ,C; D;STFICT OF CULCv:: . F IN RE: Bankruptcy Case No. 90 B 03761 C COLORADO -UTE ELECTRIC ASSOCIATION, INC., Debtor. ORDER GRANTING MOTION FOR MODIFICATION OF THE CONFIRMED SECOND AMENDED JOINT PLAN OF REORGANIZATION AND FOR CORRECTION OF CLERICAL ERROR IN CONFIRMATION ORDER This matter is before the Court upon the Motion for Modification of the Confirmed Second Amended Joint Plan of Reorganization and for Correction of Clerical Error in Confirmation Order ("Motion") filed on March 3, 1992, by Public Service Company of Colorado, PacifiCorp Electric Operations, Tri-State Generation and Transmission Association, Inc., and Intermountain Rural Electric Association (collectively, the "Plan Proponents"). Notice having been given pursuant to Local Rule 23 and the Court having received no timely filed objections, it is therefore ORDERED that the Plan Proponents are permitted to modify their Second Amended Joint Plan of Reorganization (the "Plan") submitted in the above -captioned case by making the Proposed Modifications set forth in Exhibit A to the Motion. IT IS FURTHER ORDERED that the Proposed Post -Confirmation Modifications are hereby approved and that the Plan is hereby confirmed as modified by the Proposed Post -Confirmation Modifications. IT IS FURTHER ORDERED that the Confirmation Order dated February 19, 1992, previously rendered by this Court in this bankruptcy action is hereby corrected by changing the reference in paragraph A of the Confirmation Order from "paragraph 27" to "paragraph 20". IT IS FURTHER ORDERED that the Notice given of the Motion pursuant to Local Rule 23 is hereby, approved..* DATED this Q day of j ; CX— 1992. fur 14,e( Proponer-}s Shit Serve. Q coel 4 }y, s Uroter LApo„ all 'yor-��5in Patricia Ann Clark United States Bankruptcy Judge THE COURT: BOOK 828 P!3E998 EXHIBIT B GARFIELD COUNTY 1. To each of the GRANTEES an undivided 50% ownership interest in and to the following personal property: Substation: Rifle 345 kV Substation Area E Together with an undivided 50% interest to each of the GRANTEES in and to the Substation Equipment and Personal Property. 2. To PSCo an undivided 100% ownership in and to the following property: Substation: Rifle 345 kV Transmission Substation Area D Together with an undivided 100% interest in and to the Substation Equipment and Personal Property. 3. To PSCo an undivided 100% ownership interest in and to the following property: Substation: Rifle 345 kV Transmission Substation Area B Together with an undivided 100% interest in and to the Substation Equipment and Personal Property. 4. To PSCo an undivided 100% ownership interest in and to the following property: Substation: Rifle Transmission Substation Area A Together with an undivided 100% interest in and to the Substation Equipment and Personal Property. BOOK $28 134E999 EXHIBIT "i3-1" QARFIELU COUNTY RIFLE SUBSTATION USBR NEW RIFLE SUBSTATION (Rifle 345 kV Sub Area E) (Rifle 345 kV Trans Sub Area D) (Rifle 345 kV Transmission Sub Area B) (Rifle Transmission Sub Area A) SE1/4NE1/4SW1/4 OF SECTION 14, AND NE1/4 SE1/4 SW1/4 OF SECTION 14, ALL IN TOWNSHIP 6 SOUTH RANGE 93 WEST OF THE 6TH PM, GARFIELD COUNTY, COLORADO. AND SW1/4SE1/4 SECTION 14 TOWNSHIP 6 SOUTH RANGE 93 WEST OF THE GTH P.M., GARFIELD COUNTY, COLORADO Instrument #96 EXHIBIT C CAPACITY ENTITLEMENTS Substation 1. Rifle 345 kV Substation Area E BOOK 828 PACE cicIcl Tri-State Capacity PSC° Capacity_ Entitlement Entitlement 2. Rifle 345 kV Transmission Substation Area 3. Rifle 345 kV Transmission Substation Area B 4. Rifle Transmission Substation Area A 50% 50% 50% 50% 50% 50$ 50% 50% RECORDED "l ' O'CLOCK, .M. REC # 459915 MAR 3 1994 MILDRED ALSDORF, GA.RFIELD COUNTY CLERK, SPECIAL WARRANTY DEED AND BILL OF SALE 800X0894 PAG; 373. (Warehouse) (LRI Parcel) GARF1i LD State Doc. Fee MAR 0 3 1994 FOR A VALUABLE CONSIDERATION, the receipt of which is acknowledged, the undersigned, TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. a=Colorado cooperative association, whose address is 12076 Grant Street, Thornton, Colorado 80241 ("Grantor") has granted, bargained, sold, conveyed and assigned and; by these presents does hereby grant, bargain, sell, convey and assign unto PUBLIC SERVICE COMPANY OF COLORADO a Colorado corporation, whose address is 1225 17th Street, Denver, Colorado 80202 ("Grantee") all right, title, and interest of the Grantor in and to the following: Real Property. 100% of the real property lying and being in the County of Garfield, State of Colorado, legally described on Exhibit "A" attached hereto, together with all and singular the hereditaments and appurtenances thereto belonging, or in any way appertaining thereto, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title interests, claims and demand whatsoever of the Grantor, either in law or equity, of, in and to the bargained premises, ("Real Property"), excepting and reserving the Grantor's interest in and to the improvements constituting the Craig -Rifle 345 kV transmission line and the Rifle -San Juan 345 kV transmission line that presently cross the Real Property. 2. Water Rights. All rights to ditches, reservoirs, and wells, and all adjudicated and unadjudicated water rights and titles to surface water and ground water on, under, used upon or in connection with or otherwise appurtenant to the Real Property. 3. Mineral Interests. All mineral interest in, to and under the Real Property not heretofore conveyed, excepted, or reserved by others. 4. Warehouse. All interest in and to that certain warehouse, and the fixtures and equipment appurtenant thereto, commonly known as the Rifle Warehouse, and located on the real property legally described in Exhibit "B" attached hereto. Please Return to Don Ford Chicago Title of Colorado, Inc 1875 Lawrence - suite 1200 Denver, Co 80202 G-64CLei4 800K0894Pi;GF374 TO HAVE AND TO HOLD unto the Grantee, and to its successors and assigns, forever, subject to all reservations and exceptions in patents from the United States or the State of Colorado and existing easements and rights-of-way, all building, use, zoning, sanitary and environmental restrictions, and waivers of record, taxes and assessments for 1993 and subsequent years; and mineral and royalty reservations or conveyances and oil and gas leases. Grantor, for itself, and its successors and assigns, expressly limits the covenants of this Deed to those herein expressed, and warrants and covenants to Grantee only that prior to the execution of this Deed, and except as to those encumbrances and conveyances made by Grantor which are included within the exceptions described hereinabove, Grantor has not conveyed the above-described Page 2 of 3 B0ox0894 PKCi 375 property, or any rights, title, or interest therein, to any person other than the Grantee, and that the above-described property is free from encumbrances done, made, or suffered by the Grantor or any person claiming under it. DATED this 15th day of February , 1994. By: William W. Dalles Its: Secretary STATE OF COLORADO 1 COUNTY OF ADAMS ss TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. a Colorado cooperative association By: Harold J. Thompson Its: President The foregoing instrument was acknowledged before me this 15th day of February , 1994, by Harold J. Thompson and William W. • Dalles , in their capacity as President and Secretary, respectively, of Tri-State Generation and Transmission Association, Inc., a Colorado cooperative association. Witness my hand and official seal. . DONNA E. WAKEFIELD [SEAINOTARY PUBLIC ,TATE OF COLORADO .. e., v4.r..,n,,.o.r.,...N.4.a**L+vM�+� Commission Expires: 12/8/96 . l_i(_) Q W Z -r', ( �, l Notary Public Page 3 of 3 EXHIBIT "A" BooK0894 PAci 376 LEGAL DESCRIPTION OF THE REAL PROPERTY GARFIELD COUNTY Rifle Substation (Land Resources, Inc.) TOWNSHIP 6 SOUTH, RANGE 93 WEST SECTION 14: SE'/4 SE'/4 SW % GARFIELD COUNTY, COLORADO EXHIBIT "B" 04 )894 PACT377 LEGAL DESCRIPTION OF THE WAREHOUSE LOCATION GARFIELD COUNTY Rifle Warehouse Rifle Substation USBR New Rifle Substation (Rifle 345 kV Sub Area E) (Rifle 345 kV Trans Sub Area D) (Rifle 345 kV Transmission Sub Area B) (Rifle Transmission Sub Area A) SE %4 NEN SW'/4 OF SECTION 14, AND NE'/4 SE %4 SW% OF SECTION 14, ALL IN TOWNSHIP 6 SOUTH RANGE 93 WEST OF THE 6TH PM, GARFIELD COUNTY, COLORADO. AND SW'/4 SE'/4 SECTION 14 TOWNSHIP 6 SOUTH RANGE 93 WEST OF THE 6TH P.M., GARFIELD COUNTY, COLORADO. RECORDED AT /".1 O`CLOCK 4'.M. OR 17 au' REC #43:3"1'52 MILDRED ALSDORF, COUNTY CLERK 1‘, BOOK 829 PAGE162 473898 8-577 P-786 04,,%16;:9:2 11:25 PG .1 OF 11 REC DOC JOHNNETTE PHILLIPS EAGLE COUNTY CLERK, COLORADO 55..00 0.00 SPECIAL WARRANTY DEED AND ASSIGNMENT THIS SPECIAL WARRANTY DEED AND ASSIGNMENT is made as of the 15th day of April, 1992, from Colorado -Ute Electric Association, Inc., a Colorado cooperative association, whose address is 1845 South Townsend Avenue, Montrose, Colorado, ("Colorado=Ute"), Victor H. Palmieri whose address is 245 Park Avenue, 35th Floor, New York, New York (the "Trustee") , as Trustee for the Estate of Colorado -Ute Electric Association, Inc., in Bankruptcy Case No. 90 B 03761 C, United States Bankruptcy Court for the District of Colorado (the "Court"), GRANTORS, to Public Service Company of Colorado,a Colorado corporation, whose address is 1225 17th Street, Denver, Colorado 80202 ("PSCo"), GRANTEE. This instrument is made pursuant to that certain order of the Court dated February 19, 1992, as supplemented by that order. of the Court dated March 20; 1992, in Bankruptcy. Case No. 90 B 03761 C (the "Order."), which Order is attached hereto as Exhibit A. The premises conveyed by this instrument are conveyed as Assets (as referred to 'in the Order) of Colorado -Ute which GRANTORS are authorized to sell pursuant to the Order. 1. Conveyance. The GRANTORS, for good and valuable consideration, the receipt and sufficiency.of which.are hereby acknowledged, have granted, bargained; sold, conveyed and assigned, and by these presents do grant, bargain, sell, convey and assign to GRANTEE, its successors and assigns forever, all of GRANTORS'. rights, title and interests in the water rights, 'well permits, licenses, leases and agreements described on Exhibit B, attached hereto, located in Garfield County and Eagle County, together with all of their. appurtenances, (the "Water Rights") in the manner specified on Exhibit B: 2. Permitted Liens. The. Water Rights are hereby .granted, bargained, sold, conveyed and assigned pursuant to the Order free and clear of all liens, claims, encumbrances, rights of third parties and interests to the extent effected by the Order, except for liens for current real property, personal property or ad valorem taxes which -are not yet due and payable, which liens are permitted under the Order ("Permitted Liens"). THIS SPACE INTENTIONALLY LEFT BLANK, Return To: Chicago Title of Colo., Inc. 1225 17th St., Suite 1570 Denver, CO 80202 Attn:. Don Ford Instrument No. 139 6 BOOK 829 PAGE183 • 4738998 8-577 P-786 04/ "/92 11:25 PG 2 OF 11 Special Warranty - Limitation on Warranties (a) The Trustee hereby covenants with the GRANTEE, its successors and assigns, that the Trustee has not, for his part, done, executed or suffered any act or thing whatsoever whereby the Property or any part thereof, now or at any time hereafter, shall be imperiled, charged or encumbered in any manner whatsoever other than the Permitted Liens, and the Trustee hereby agrees that he shall warrant and defend the title to the Property against any and all persons claiming the whole or any part thereof by, through or under the Trustee. (b) The Trustee, for himself and his successors and assigns, covenants with the GRANTEE and the GRANTEE'S successors and assigns to the Property that the Trustee has good and lawful right to grant, bargain, sell, assign and convey all right, title and interest of the GRANTORS, if any, in and to the Property pursuant to the Order, and that all acts, conditions and things required by law to be performed by the Trustee relating to the authority of the Trustee to execute and deliver this instrument have happened or have been performed in a form and manner as required by law. (c) NOTWITHSTANDING ANY STATEMENT OR ANYTHING ELSE IN THIS INSTRUMENT TO THE CONTRARY, EXCEPT AS EXPRESSLY SET FORTH IN THE PRECEDING PARAGRAPHS (a) AND (b), THE TRUSTEE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER TO GRANTEE OR GRANTEE'S SUCCESSORS AND ASSIGNS. IN WITNESS WHEREOF, this instrument has been executed by the GRANTORS as of the date set forth above. THE TRUSTEE Victor H. Palmieri STATE OF NEW JERSEY ) ) ss: COUNTY O ) COLORADO -UTE ELECTRIC ASSOCIATIO INC. By: • /moi Victor H. Palmieri, Trustee The foregoing instrument was acknowledged to before me this ay of March, 1992, by,Victor H. Palmieri, on behalf of Colorado -Ute Electric Association, Inc., and in his capacity as Trustee for the Estate of Colorado -Ute Electric Association, Inc., in Bankruptcy Case No. 90B03761C, United States Bankruptcy Court for the District of Colorado. Witness my hand and official seal. My commission expires: JT:r-':5EY _9 .i; Cornn�;ssroiZ c::;:ire�s dune .6, BOOK S29 PGE1 EXHIBIT UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO IN RE: COLORADO -UTE ELECTRIC ASSOCIATION, INC., Debtor. ED '')RADFORD LFILEOLTON, CLERK FEB 19 932 U.S. BANKRUPTCY COURT DISTRICT OF COLORADO_ Bankruptcy Case,No, 90 B 0376I.C, hereby attest In /27 '1. th e 00011110117 NCO* .•�� M1•to i:;/pre • fsti, tme rd.Certiaf' ot-W ,e �rigill�! on hM1, 7 aN191 •11A /6:11.1/6:11.1ingal CtlstI Sier OES , ma svy! en Av.F ;,y ORDER CONFIRMING SECOND AMENDED JOINT PLAN OF REORGANIZATIONyl.;i AS MODIFIED, PROPOSED BY PUBLIC SERVICE COMPANY OF COLORADO, PACIFICORP ELECTRIC OPERATIONS, TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. AND INTERMOUNTAIN. RURAL ELECTRIC ASSOCIATION THIS case came before the Court for hearing on February 7, 1992, to consider confirmation of the Second Amended Joint Plan of Reorganization proposed by Public Service Company of Colorado, PacifiCorp Electric Operations, Tri-State Generation and Transmission Association, Inc. and Intermountain Rural Electric 0.. Association, as modified in Post Solicitation Modifications to Second Amended Joint Plan of Reorganization dated January 28, 1992 and February 7, 1992 and this Order .("Plan").1 ry The Court has reviewed the records and files in this case and considered the following: C:^, A. The objections to confirmation of the Plan filed by: co N and UtiliCorp United, Inc.; g 3. William V. Taylor; N `r' 4. The United States Department of Energy, including the Department of Energy's Western z Area Power Administration; r-. rn 5. Central Bank, National Association, as indenture trustee; 1. Associated Electric and Gas Insurance Limited and Aegis Insurance Services, Inc.; 2. Centel Electric Company, Centel Corporation, 'Capitalized terms used and not defined in this Order shall have the meaning given to such terms in the Plan (including the Asset Purchase Agreement). BOOK 829 PAGE165 6. Norwest Bank Minnesota, National Association; 7. Pyropower Corporation; and 8. United States Trust Company of New York, as Trustee, and the Owner Participants; B. The memoranda filed by certain parties in support of and in opposition to the objections, the. written and other testimony offered by the Plan Proponents and accepted by the Court at the February 7, 1992 hearing, and the testimony introduced by other parties in interest at the hearing; C. The exhibits offered and admitted into evidence by all parties at the February 7, 1992 hearing; D. The offers of proof, arguments and stipulations made by counsel for the various parties at the February 7, 1992 hearing; and E. The Plan, the Motions to Approve Post Solicitation Modifications to Second Amended Joint Plan of Reorganization (the "Motions to Modify") , the Disclosure Statement and the Certificates of Service with respect to the Notice of the confirmation hearing and related procedural matters. Based upon the foregoing the Court, being fully advised, makes the following findings of fact and conclusions of law: FINDINGS OF FACT 1. Colorado -Ute Electric Association, Inc. ("Debtor") filed its voluntary petition under Chapter 11 of the Bankruptcy Code on March 30, 1990, in the United States Bankruptcy Court for the District of Colorado. On or about August 17, 1990, Victor H. Palmieri was approved by the Court as Trustee for the Debtor. 2. Public Service Company of Colorado ("PSCo"), PacifiCorp Electric Operations ("PacifiCorp"), Tri-State Generation and Transmission Association, Inc. ("Tri-State"), and Intermountain Rural Electric Association ("IREA") (collectively "Plan Proponents"), filed their Second Amended Joint Plan of Reorganization in this case dated December 19, 1991. That Plan was modified on January 28, 1992 and February 7, 1992. 3. After due and proper notice to all parties in interest in connection with this case, the Disclosure Statement for the Plan was approved by the Court by Order dated December 20, 1991. 4. After approval of the Disclosure Statement, the Plan Proponents caused copies of the approved Disclosure Statement, the 473898 8-577 P-786 04/d 6/92 Ji : 25 PG 4 OF Id 24pK 829 PAGE1G Plan, ballots for accepting or rejecting the Plan, and the Order fixing the time for submission of ballots and for filing and serving objections to confirmation of the Plan to be served upon all parties in interest in this case in accordance with the orders of the Court, the local rules applicable in this District, the Federal Rules of Bankruptcy Procedure, and the applicable provisions of the Code, and notice of the order approving the Disclosure Statement to be published in accordance with its terms. Notice of the confirmation hearing and of the date for voting on and filing and serving objections to the Plan is adequate and proper in all respects. 5. On January 28, 1992 and February 7, 1992, the Plan Proponents filed and served their Post -Solicitation Modifications and the Motions to Modify. None of the modifications adversely change the treatment of any class of claims that has not consented to such modifications. 6. The Plancomplies with all applicable provisions of Title 11. 7. The Plan Proponents have complied with all applicable, provisions of Title 11. 8. The Plan has been proposed in good faith and not by any means forbidden by law. 9. Any payment made or to be made by the P --,n Proponents, the Debtor, the Trustee, or a person issuing secu. .:ies or acquiring property under the Plan, for services or for costs and expenses in or in connection with the case, or in connection with the Plan and incident to the case, has been approved by, or is subject to the approval of, the Court as reasonable. 10. The Plan Proponents have disclosed the identity and affiliations of any individuals proposed to serve, after. confirmation of the Plan, as a director, officer, or voting trustee of the Debtor, an affiliate of the Debtor participating in a joint, plan with the Debtor, or a successor to the Debtor under the Plan; the appointment to or continuance in such office of such individual is consistent with the interests of creditors and equity security holders and with public policy; and the Plan Proponents have disclosed the identity of any insider that will be employed or retained by the Debtor and the nature of any compensation for such insider. 11. Any governmental regulatory commission with jurisdiction, after confirmation of the Plan, over the rates of the Debtor, has approved any rate change provided in the Plan, or such rate change is expressly conditioned on such approval. - 3 - 473898 B-577 P-736 04/16/92 11:25 PG 5 OF 11 BOOK 829 PAGE16 12. With respect to each impaired class of claims or interests, each holder of a claim or interest of such class has either accepted the Plan or will receive or retain under the Pian on account of such claim or interest property of a value, as of the Effective Date of the Plan, that is not less than the amount that such holder would so receive or retain if the Debtor were liquidated under Chapter 7 of Title 11 on such date. 13. Classes 1, 3(b.)(1), 3(b)(4), 4(a), and 6(a) are not impaired under the Plan. Classes 2(a)(1), 2(a)(2), 2(a)(3), 2(a) (4), 2(b), 2(c) (1), 2(c) (2), 2(d) (2) through (7), 3(a), 3(b) (3), 4 (b) , 5 (a) , 5 (b) , 6 (b) , 7(a) and 7(b) have accepted the Plan. Therefore, except as provided in Paragraph 20 of this Order, with respect to each class of claims and interests, each such class has either accepted the Plan or is not impaired under the Plan. 14. Excer't to the extent that the holder of a particular claim. has agreed to a different treatment of such claim, the Plan provides that; with respect to a claim of the kind specified in Section 507(a) (1) or (2) of the Code, on the Effective Date of the Plan the, holder of such claim will receive on account of such claim cash equal to the allowed amount of .such claim, with respect to a class of claims of a kind specified in Section 507 (a) (3) , (4) , (5), or (6) of the Code, each holder of a claim of such class will receive cash on the Effective Date of the Plan equal to the allowed amount of such claim; and with respect to a claim of a kind specified in Section 507(a) (7) of the Code, the holder of such claim will receive on account of such claim cash on the Effective Date of the Plan equal to the allowed amount of such claim. 15. At least one class of claims that is impaired under the Plan has accepted the Plan, determined without including any acceptance of the Plan by an insider. 16. Except to the extent that liquidation is proposed in the Plan, confirmation of the Plan is not likely to be followed by the liquidation or need for further financial reorganization of the Debtor or any successor to the Debtor under the Plan. 17. All fees payable under 28 U.S.C. Section 1930, as determined by the Court at the hearing on confirmation of the Plan, have been paid or the Plan provides for the payment of such fees on the Effective Date of the Plan. 18. The Plan provides for the continuation, after the Effective Date, of payment of all retiree benefits, as that term is defined in Section 1114 of the Code, at the level established pursuant to subsection (e)(1)(B) or (g) of Section 1114 of the Code at any time prior to. confirmation of the Plan for the duration of the period the Debtor has Dbligated itself to provide such benefits. 47,3898 8-577 8-786 04/16/2 1J:25 -4- 80 5 OF 11 BOOK 829 PAGEi6S 19. All conditions to confirmation of the Plan contained in Section 7.1 of the Plan have been either satisfied or duly waived by the Plan Proponents in accordance with the provisions of the Plan. 20. Notwithstanding Paragraph 13 of this Order, all of the applicable requirements of Section 1129(a) of the Code, other than Section 1129(a)(8), are met with respect to Class 2(d)(1). With respect to such Class, the Plan Proponents modified the Plan at the Confirmation Hearing to delete paragraphs 6.11 (e) , 5.4 (a) (i) and 5.4(a)(ii) of the Plan, and to substitute the following as Paragraph 5.4(a)(i) of the Plan: "The Trustee shall establish an interest bearing account known as the 'Pyropower Reserve Account' on the Effective Date. Pyropower's lien shall transfer to the Pyropower Reserve Account. .PSCo, PacifiCorp and Tri-State will each fund the Pyropower Reserve Account on the Effective Date with cash or a clean letter of credit in the amount of $2,000,000 each. When the Class 2(d) (1) Claim shall have been Allowed or disallowed by a Final Order, the Trustee shall, unless the Claim was disallowed, make a draw against any such Lettersof Credit in an amount equal to one-third of such Allowed Class 2(d)(1) Claim and the Trustee shall pay to Pyropower from the Pyropower Reserve Account the amount of the Allowed Class 2(d) (1) Claim. Immediately thereafter, the Trustee shall: (1) return the original Letter of Credit to the Plan Proponent who furnished it; and (2) pay the balance of the Pyropower Reserve Account pro rata to each Plan Proponent who deposited cash, instead of a Letter of Credit, into the Pyropower Reserve Account." Pyropower consented to the foregoing modifications and withdrew its Objection to confirmation of the Plan. 21. With respect to Class 4(b), the Court finds that in the event Class 4(b) has not accepted the Plan pursuant to § 1129(a) of the Code, the Plan is fair and equitable and does not discriminate unfairly with respect to such Class for the reasons stated of record. by the Court at the Confirmation Hearing. CONCLUSIONS OF LAW Upon the foregoing, it is ORDERED, ADJUDGED AND DECREED: A. The Motions to Modify are granted and the modification contained in Paragraph 27 of this Order is approved. 473298 a-577 P-736 04/16,1 92 11:25 - 5 - PG 7 OF 11 BOOK 829 PAGEi69 B. The Plan is hereby confirmed in accordance with Section 1129 of the Code. C. The assumption and assignment or rejection of contracts and leases, as provided in the Plan, is approved. D. The sales of Assets, as provided in the Plan, is approved and, to the extent provided in the Plan, such Assets are sold to the respective purchasers free and clear of all liens, claims, encumbrances, rights of third parties and interests. E. The Trustee is authorized and directed to take all steps necessary and appropriate to implement and consummate the Plan and all of the transactions contemplated in the Plan, including but not limited to execution and performance of the Asset Purchase Agreement in substantially the form attached to the Plan as Exhibit 1. F. The Plan Proponents shall, promptly after entry of this Order, give notice by mail of the entry of this Order of Confirmation to each party who received notice of the Confirmation Hearing. G. The property of the Estate shall not revest in the Debtor. H. Notwithstanding Paragraph,7.'3 of the Plan and any other provision of the Plan that would -permit waiver of the conditions contained in the Plan or the Asset Purchase Agreement, the conditions contained in Section 10.02'(d) of the Asset Purchase Agreement shall not be waived. 1. The following Stipulation among the Plan Proponents and the Creditors' Committee is approved: "No Allowed Class 6(b) Claims of Salt River or Platte River which arise from the assumption or assumption with modifications of the Yampa Project Participation Agreement or Hayden Participation Agreement shall be entitled to be paid from Fund II." J. The Court r: ains urisdiction over this case to the extent provided by th- Bankru+tcy Code, 28 U.S.C. § 157 and 28 U.S.C. § 1334/ Dated BY ' E CO 'T : NOTICE OF ENTRY ON DOCKET Notice it Hereby Given the Purouant to Rule F.R.B,P„ the Foregoing Order of Judyme wad ) Entere iit/ By i:lordcr2,pld atricia Ann Clark United States Bankruptcy Judge - 6 - 4738 5 B-577 P--786 04/16/9. J1:25 PG OF 11 6-9ADA- BOOK 829 PAGEr7O CERTIFICATE OF MA1LlhG The undersigned thk deco mailed n duplicate copy of this document in a seated envelope marked "Posta9e and Fees Paid. U.S. Courts" to: r �ctxtee Morney for Trustee ,--P-..-9*...... DeCiort+i homey for Debtorls) ,_..../1/62_0_71 ,� reditor(a) DAttorney CraJitorls} IJ1,S, Trustee DAnorney for Defendentlsi °Pent( Tn sisi ❑Attorney for Plsintiff(s) > 0Cr nsr's m Dated c,2r 1 1 Deputy Clerk f, ! ;j ,:2 -/? 7 79 R 473 390 ar 577 P--78 c S/ 6,/',--).:4? 1 1 . PG 9 OF 11 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO IN RE: COLORADO -UTE ELECTRIC ASSOCIATION, INC., Debtor. BOOK 829 PAGE171 FILED BRADFORD L. BOLTON, CLERK MAR 2 0 1992 L.J. �t'.N •: .IJf 1 �.I :.. .l i DISTRICT OP COLO; Bankruptcy Case No. 90 B 03761 C thereby attest and certify on that the foregoing /,affiiod'dodument(s eroto is / are a MI, true and ,correcl copy of the original on in my office and, in -my. tegai Judy.• BY u C S.B2nkrup' rict•g• A' ARV:. ice_ ORDER GRANTING MOTION FORT' MODIFICATION OF THE CONFIRMED SECOND AMENDED JOINT PLAN OF REORGANIZATION AND FOR CORRECTION OF CLERICAL ERROR IN CONFIRMATION ORDER null This matter is before the Court upon the Motion for Modification of the Confirmed Second Amended Joint Plan of Reorganization and for Correction of Clerical Error in Confirmation Order ("Motion") filed on March 3, 1992, by Public Service Company of Colorado, PacifiCorp Electric Operations, Tri-State Generation and Transmission Association, Inc., and Intermountain Rural Electric Association (collectively, the "Plan Proponents"). Notice having been given pursuant to Local Rule 23 and the Court having received no timely filed objections, it is therefore ORDERED that the Plan Proponents are permitted to modify their Second Amended Joint Plan of Reorganization (the "Plan") submitted in the above -captioned case by making the Proposed Modifications set forth in Exhibit A to the Motion. IT IS FURTHER ORDERED that the Proposed Post -Confirmation Modifications are hereby approved and that the Plan is hereby confirmed as modified by the Proposed Post -Confirmation Modifications. IT I5 FURTHER ORDERED that the Confirmation Order dated February 19, 1992, previously. rendered by this Court in this bankruptcy action is her, oy corrected by changing the reference in paragraph A of the Confirmation Order from "paragraph 27" to "paragraph 20". IT IS FURTHER ORDERED that the Notice given of the Motion -lf- pursuant to Local Rule 23 is hereby approved. DATED this 2 O day of , Furki.er Orl:ier 0.�II Ska. f ' 1lG Ian Proponen-�s SCfVG 0. CUH W 4 SOrdcr uvoy, o.11 S In li i 1 Y1At rt ri 95 Patricia Ann Clark United States Bankruptcy Judge BOOK 829 pAGE1 2 EXHIBIT B Division 5 Well Permits NAME LEGAL DESCRIPTION PERMIT # PERMIT DATE Colorado Ute Elec. Assn. SE14 SW 14 S14 T6S R93W 43926 12/12/70 (1) Colorado Ute Elec. Assn. /Holy Cross Elec. Asan. NW'a NE!4 S10 T5S R85W 84045 1/13/86 (2) 1. Garfield County - Substation Facilities 2. Eagle Valley Warehouse 473898 8-577 P- 786 04/16/92 92 11 . _5 PG .11 OF 11 Instrument No. 139 1111 nillikli.INVI,110.1erthillreirlAlikkHliii 11111 Reception#: 818403 05!08!2012 12:50:43 PM Jean Rlberico 1 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO AMENDMENT LAND USE CHANGE PERMIT - SPECIAL USE APROVAL to Public Service Company of Colorado - Xcel Energy for the Rifle Substation (Parcel No. 2177-144-00-126) In accordance with and pursuant to Section 4-107 (Amendments to an Approved Land Use Change Permit) of the Garfield County Unified Land Use Resolution of 2008, as amended, the Director of the Building and Planning Department has determined that the proposal is a non -substantial amendment to an existing Land Use Change Permit and Special Use Approval, and hereby authorizes, by this Amended Land Use Change Permit, the following activity: Relocation approximately 20 ft. to the south of the proposed construction of an additional 3,000 sq.ft. storage building and related site improvements accessory to the existing Rifle Substation Facilities on that property described in Exhibit 'A", Legal Description and Exhibit "B" Site Plan. The property is generally located on Lots 1, and 2, Section 14, T6S, R93W, also known as 620 County Road 319, Rifle, Colorado, 81650. (County File No. SUAA-7171) This Administrative Permit is hereby issued subject to the conditions set forth in Exhibit "C" (attached hereto) and amends approvals granted by Resolution No. 80- 243, for a 345 KV Transmission Line which included additional terminal and substation facilities at the Rifle Substation and further amends a Land Use Change Permit issued on October 24, 2011 by Garfield County for a non -substantial amendment (previous File No. SUAA-6958). This permit shall be valid only during compliance with applicable provisions of the Garfield County Unified Land Use Resolution of 2008, as amended, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. BUILDING AND PLANNING DEPARTMENT, GARFIELD COUNTY, COLORADO Fred A. Jarman, AIC Dat Building & Planning De artment Director 1 1111 IIM6I71MLI r%' ILL IOVNI1MIDU LI H 11l 111 Reception#: 818403 05!0812012 12:50:43 PM Jean Rlberico 2 of 5 Rec Fee:$0,00 Doc Fee:0.00 GARFIELD COUNTY CO Exhibit A Legal Description EXEMPTION SURVEY LEGAL DESCRIPTION: A PORTION OF LAND LOCATED IN THE SOUTH HALF OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 98 WEST OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF RIFLE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 14; THENCE SOUTH 00°58'04° WEST A • DISTANCE OF 868.00 FEET TO THE 'POINT OF BEGINNING; THENCE SOUTH 01 °08'50' WESTA DISTANCE OF 260.14 FEET; THENCE SOUTH 00°5034° WEST A DISTANCE OF 394.85 FEET; THENCE SOUTH 88°4917° EASTA DISTANCE OF 1318.07 FEET TO THE SOUTHEASTSD(T'EENTH CORNER OF SAID SECTION 14: THENCE SOUTH - 00°56'07" WEST A DISTANCE OF 1813.57 FEET TO THE EAST SIXTEENTH CORNER OF SAID SECTION 14:1 THENCE NORTH 88"32'37' WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE 3OUTHWES1 r QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 14, A DISTANCE OF 1318.44 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 14; THENCE NORTH 00°58'08" EAST, DEPARTING SAD SOUTH uk, A DISTANCE OF 655.16 FEET, THENCE NORTH 88°37'09" WESTA DISTANCE OF 858.88 FEET: THENCE NORTH 00"5651" EAST A DISTANCE 0F854.07 FEET; THENCE NORTH 00°45'48" EAST A DISTANCE OF 345.01 FMT _ THENCE NORTH 01'05'22° EAST A DISTANCE OF 305.96 FEET; THENCE SOUTH 8"4628" EAST A DISTANCE OF 659.22 FEET TO THE POINT OF BEGINNING. CONTAINING 59.493 ACRES OR Z591,507 SQUARE FEET, MORE OR LESS. 2 n f N0' 56' 51.00-E 654.070' Exhibit "B" Site Plan Excerpt 1 NO' 45' 46,00"E 345.010 1 sv k 1 1�- 1 1 I 1 1 1 1 1 1 1 1 1 1 1 777— 1 SLY@ea©®oe®V OQeeesee j 14 lb° •a41.a'sVpet,n"sig.e'1 2 0 0 1- F 2 0 U 0 W 0a U L aJ 0 .0 0 Q 0 CN 0li� 1;;- ,0 Q. —.. 0 o ap a EN. -,$) MI ••04 41 �+1Na — n0 -1X001 n RENSMS a 1 b XCEL RIFLE OPERATIONS NEW STORAGE BUILDING 620 COUNTY ROAD 319 RIFLE, COLORADO 81650 211 ' Exhibit "B" Site Plan Excerpt - Continued oNx 1 110 , 44041 1140444111 *Al ain x 1 g 1 7 _ - f'- \ N. `\ N \ \ N \\ 1 \ \ \ \ \ / / 1\ \I ,' I' \ H~ - \ 1, \ 0 X11 1 ,; 1 \� II I N k o �1f /' r . pili' 1 \ 1111n ..�\ 5\\\\\\\\\\-\\\\\� 111 III ~~ iJ / / n 5111fld ONIOVLD R 3115 FDA 510,9 a XCEL RIFLE OPERATIONS NEW STORAGE BUILDING 620 COUNTY ROAD 319 RIFLE, COLORADO 81650 gl Ain F !e ti:a 2 U Z ?� z i �yv i U - z �. 0 U offo oo: aG CN rba� ..NN CN 0 yam MCD -K ma 80 I oln 1111 MiliairliiVIC1111.1011V1111114IMINII 11111 Reception*: 818403 05/08/2012 12:50:43 PM Jean Riberico 5 of 5 Rec Fee:$O.O0 Doo Fee:O.00 GARFIELD COUNTY CO Exhibit C Conditions of Approval a. All prior approvals including but not limited: (i) Resolution No.80-243 and conditions of approval for the Public Service Company of Colorado — Xcel Energy Rifle Substation; and (ii) Public Service Company of Colorado—Xcel Energy Amended Land Use Change Permit — Special Use Approval dated 10/24/11, shall remain in effect except as amended herein. b. The storage structure shall be limited to a maximum of 3,000 sq.ft. and shall comply with all zoning and building code requirements including grading and drainage for the proposed improvements. The Building footprint shall be shifted south approximately 20 ft as shown on the revised site plans. c. The building permit submittal shall contain storm water management plans and best management practices prepared by a licensed professional engineer for the relocated drainage swale adjacent to the building and any other related storm water impacts. d. The amended site plan shall be attached as an exhibit to the Amended Land Use Change Permit issued for the non -substantial Amendment request. ■III l '.61 1W 141a,VirMiHNICiir1i 111.11 11111 Reception#: 809762 10/2412011 04:02:51 PM Jean Rlberico 1 of 4 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO AMENDMENT LAND USE CHANGE PERMIT SPECIAL USE APROVAL to Public Service Company of Colorado - Xcel Energy for the Rifle Substation (Parcel No. 2177-144-00-126) In accordance with and pursuant to Section 4-107 (Amendments to an Approved Land Use Change Permit) of the Garfield County Unified Land Use Resolution of 2008, as amended, the Director of the Building and Planning Department has determined that the proposal is a non -substantial amendment to an existing Special Use Approval, and hereby authorizes, by this Amended Land Use Change Permit, the following activity: Construction of an additional 3,000 sq.ft. storage building and related site improvements accessory to the existing Rifle Substation Facilities on that property described in Exhibit "A", Legal Description and in Exhibit `B" Site Plan Excerpt and generally located on Lots 1, and 2, Section 14, T6S, R93W, also known as 620 County Road 319, Rifle, Colorado, 81650. (County File No. SUAA-6958) This Administrative Permit is hereby issued subject to the conditions set forth in Exhibit "C" (attached hereto) and amends approvals granted by Resolution No. 80- 243, for a 345 KV Transmission Line which included additional terminal and substation facilities at the Rifle Substation. This permit shall be valid only during compliance with applicable provisions of the Garfield County Unified Land Use Resolution of 2008, as amended, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. BUILDING AND PLANNING DEPARTMENT, GARFIELD COUNTY, COLORADO Fred A. Jarman, AICP Building & Planning Dep ment Director /Q 2g 4Dat 1 1111 HAMANN14141111 Reception!: 809762 10/2412011 04:02:51 PM Jean Alberico 2 of 4 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Exhibit A Legal Description EXEMPTION SURVEY LEGAL DESCRIPTION: A PORTION OF LAND LOCATED IN THE SOUT FI HALF OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF RIFLE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMEI4CING AT THE CENTER QUARTER CORNER OF SAID SECTION 14; THENCE SOUTH 00"58'04" WEST A DISTANCE OF 665.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 01'08'50" WEST A DISTANCE OF 280.14 FEET; THENCE SOUTH 00°50'94° WEST A DISTANCE OF 394.85 FEET; THENCE SOUTH 88°4r5r EAST A DISTANCE OF 1318.07 FEET TO THE SOUTHEAST SIXTEENTH CORNER OF SAID SECTION 14; THENCE SOUTH 00°56'07' WEST A DISTANCE QF 1313.57 FEET TO THE EAST SIXTEENTH CORNER OF SAID SECTION 14; THENCE NORTH 88°32137° WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWESII QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 14, A DISTANCE OF 1318.44 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 14; THENCE NORTH 00°56'08" EAST, DEPARTING SAID SOUTH L IL!IE, A DISTANCE OF 655.16 FEET; THENCE NORTH 88°37'09" WEST A DISTANCE OF 868.88 FEET; THENCE NO TH 00°58'51" EAST A DISTANCE OF 654.07 FEET; THENCE NORTH 00°45'46" EAST A DISTANCE OF 345.01 FEST; THENCE NORTH 01°05'22" EAST A DISTANCE OF 306.96 FEET; THEPiCE SOUTH 88 %6`28" EAST A DISTANCE OF 659,22 FEET TO THE POINT OF BEGINNING. CONTAINING 59.493 ACRES OR 2591,507 SQUARE FEET MORE OR LESS. ■!lifiril 11111 Reception#: 809762 10/24/2011 04:02:51 PM Jean Rlberico 3 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Exhibit B Site Plan Excerpt 3 NM PRIVQCK G 110.101111414111,14110411 III Reception#: 809762 10124/2011 04:02:51 PM Jean Alberico 4 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY GO Exhibit C Conditions of Approval a. All prior approvals including but not limited to Resolution No.80-243 and conditions of approval for the Public Service Company of Colorado — Xcel Energy Rifle Substation shall remain in effect. b. The storage structure shall be limited to a maximum of 3,000 sq.ft. and shall comply with all zoning and building code requirements including grading and drainage for the proposed improvements. c. The building permit submittal shall contain storm water management plans and best management practices prepared by a licensed professional engineer for the relocated drainage swale adjacent to the building and any other related storm water impacts. 4 TATE OF COLORADO } );s Garfield ) County of Recorded at :0 6 o'clock A M Reception No. 'c.1.2,46646 ;MILDRED ALSDORF, RECORDER SEP 201983 BOOK 635 n3 854 At a regu ar meeting of `the Board of County Commissioners for 'Garfield County, Colorado, >?held at the Commissioners ' Annex in Glenwood- Spr ings on Monday__ .. , the 19th day of Spten ber 1983 , A.D. there were present: when the Eugene _Jim" Drinkhouse Larry Velasquez FlavenJ. Cerise Earl Rhodes Mildred Alsdorf following proceedings,' among others RESOLUTION Commissioner Chairman Commissioner Commissioner County Attorney Clerk of the Board. were had and done, to -wit: N0 83-296 A RESOLUTION CONCERNED WITII THE APPROVAL OF A BY COLORADO UTE ELECTRIC ASSOCIATION, INC.. SPECIAL USE PERMIT APPLICATION. WHEREAS, the Board of county Commissioners of Garfield County, Colorado has receivedan application from Colorado Ute Electric Association, Inc. for a Special Use Permit. for construction and operation of a 345 -KV electric. transmi. s i.on line in the following described corridor: In Garfield County, Colorado: BEGINNING at the Rifle Sub -station southeast of Rifle located in the SW 1/4 SW 1/4 of Section 14; THENCE in a westerly direction to a point in the SE 1/4 SE 1/4, Section 14; THENCE in °a southwesterly direction to the existing 230-kv transmission line; THENCE in a southwesterly direction following said existing 230-kv transmission line to a point in the NE 1/4 NW 1/4 of Section 29, all in Township 6 South, Range 93 West, 6th P.M.; THENCE, in a southerly direction to a point in the SW 1/4 of Section 5, T7S, R93W, 6th P.M.; ; THENCE in a southwesterly direction to a point in the NE 1/4 SE 1/4 of Section 1; THENCE in a westerly direction to a point in the SW 1/4 SW 1/4 of Section 9, T75, R95W, 6th P.M.; THENCE in a westerly direction to a point in the NE 1/4 SW 1/4 of `Section 11; TIIENCE in a southwesterly direction to a point in the SE 1/4 NE 1/4 of Section 5; THENCE iiia southwesterly direction to a point in the SE 1/4 SE 1/4 of Section 16; THENCE in a southwesterly direction to a point in the NW 1/4 NE 1/4 of Section 21, T7S, R95W, 6th P.M.; THENCE in a westerly direction to a point in the NW 1/4 SE 1/4, Section 24, T7S, R96W, 6th P.M. to the existing 230•-kv`transmission line; THENCE in a southwesterly direction following the existing 230-kv transmission line to the Garfield -Mesa County Line to a point in the SE 1/4 NE 1/4, Section 8, T8S, R96W, 6th P.M. and, WHEREAS, pursuant to'required-public notice, the Board conducted a public hearing on the 12th day of -September, 1983, upon the question of whether the above-described special use permit should be granted or denied, at which hearing 'the public and interested persons were given the opportunity -to' express their opinions regarding the issuance of said special use permit; and/ WHEREAS, '' the Board on the basin of the evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That application has teen' filed in accordance with Section 5.03 'c the Garfield County Zoning Resolution of 1978, as amended; 2. Proper public noti::e was provided as required by Section 9.03.04 the. Garfield County Zoning Resolution of 1978,,as amended; aooK ..635 1'4E855 3. The proposed use is compatible with the uses _'existing and permitted in the district in which it is to' be located, provided that certain hereinafter contained conditions be complied with; and 4 . That, neither the impact on traffic_ volume and safety or on util"itic s, or any other impact of ' the special use will be i njurious to the established neighborhood or zone district in which the special use- is oto be located. NOW, THEREFORE, BE IT RESOLVED by :the Board.of.County Commissioners of Garfield County, Colorado, that: a" special 'w5° -permit be .and'hereby is authorized permitting the use"of the above-described c�rridor. for the construction and operation of a 345 -KV electric transmission line,, upon the following specific conditions being ret or agreed upon prior. to construction: 1. All proposals Of the applicant shall be considered conditions of approval, unless expressly stated below; 2. That prior to issuance of the subject special use permits, the. applicant, shall obtain and -submit to the Garfield, Coanty Department of Development/Planning Division copies All permits from other governmental entities County; affectin ar field b. The Publ-ic: Utilities Commission approved Certificate. of Convenience and Necessity; 'and c. The final easement description, location of ewer5 a g poSS�s� easement agreements with private and public- land ownersG�. Sara Zi al: easement description may vary from the proposed route, provided any variation stays on lands `owned by landowners notified 'by return -receipt mail -of this -action and lands owned by the Bureau of Land Management Department of Development staff - will contact affected landowners and inspect easement with applicant ;prior to construction. Any changes suggested by land owners and staff may;'be incorporated into the final design. Color -ado Ute will reimburse Garfield ': County for additional, staff review on cost reimbursement basis1 which in no' case shall exceed $2500.00 for all additional project review. 3. That each storage/staging area be permitted' separately, for: defined periods of time. That prior to issuance of said Special Use Permit (s), the applicant will identify thelocation of each storage/staging area and demonstrate that all sites will be reclaimed to the originai condition if not in an previously approved storage/staging area.; 4. That the applicant will post security in the form of a bond or other acceptable security, for road maintenance as deemed appropriate by the Board and the County Road Supervisor; 5. That security the applicant will post in the form f a bond or other P rl acceptable security, the equivalent to the estimated cost of site - rehabilitation of all private lands affected in Garfield County as deemed appropriate by the Board. 6. That upon allegation by an affected land owner or governmental entity, the Board shall investigate compliance with the conditions of approval, as provided for in section 9.01.06 of Garfield County Zoning. Resolutions,. of 1978, as amended; 7. That the permits shall be reviewedannually for compliance with the permit's conditions of approval until such time that all construction and site rehabilitation has been accepted by the County; 8. That all acr;ess roads on private lands be described as NAR -1C (temporary road to be revegetated upon completion of construction) or NAR-lD (temporary road which will be recontoured and revegetated upon completion of construction), as identified in the Site Specific Landscape Management Plan submitted as a part of this application unless a different type of access road is agreed upon by the landowner involved; 9. That prior to issuance of said Special Use Permit a definite construction time schedule shall be submitted to the County; • 10. That prior to issuance of said, Special Use Permits, the -applicant shall submit verification of the fact that all employees have or will have housing available. 63a PA E853 11. .:-That :said Special Use' Fexmit wi11 be 'taken out within one (`1) dear of the. date, of a ppr_o��a7. of` -the._ resolution and be valic;.only for ._the- �eri�d of time,..ideritified in .the construction schedule;' avid 12`; The Special ;Use Permit shall expire after a priod:of.one hundred twenty days (:120):from the date of issuance; unless'cons:truction or. t_he Pani use. .has-been established within that period: of ime' Upon motion -duly made and seconded y thefollowing vote: ATTEST: the foregoing Resolution CARFIELD`COUNTY COMM SSIONERS BOARD GARFIELD 'COUNTY, COLORADO. STATE OF - COLOR:IDO` )ss County of Garfield Commissioners County Clerk and ex-o:fxiaiu Clerk of the Board of: County Commissioners in and for the County' and,State" .: aforesaid do hereby certify that the annexed and foregoing Order is -truly copied from the Records of the:, Proceedings of the Board of County, Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this, day of ,. 1983, A.D. County Clerk and ex -officio Clerk of the Board of County Commissioners.:., '---4.r --i.•... .-.....- _ . --zi..-• -.--_ -- ---.--,--- .... _ ---:-.._-----; =L.:11 --r _.) - ....... ---.....17,.. ..E.,-•1 '.. .4. - -.---... 7....,..... -. -L......: [71-••••••+, 7. A---.. ' ---,--4. ••••.;.....i.----, r • ... - - -7,_''''_.1.:L4'.! ":::;-1-.-:77-44-11"------2!,--.---- - ------ L "-- --1-" . -r-i +4 „ 1............. .3•••• \ ••••••1,._,_ ... 13...... , ,........... 3"-+311L+31.44, +•• ._..._4_...... -.---: _,• 1 -,,--4/.--_, ---,.- . - .....77'... 7- --......-4: • ---, ---_--- `----•-_ i- 7'7- _ ,•'------_----:-.:;,74..._------ 1"----..--I e -,,.7--I-.,. ,__,.i._= ,.. -........ 03 444+4 1+:3 141114+ 4 31 •-•••.-. . ••• •—•41•4.4•1 ••-• • • 44+4•13 1•+••• 1 . +.1 31 •1+4 i •.• 4 • • : n 4—,-.: , . z ..-4-:. * eg+.,:: n nn+44,-+n 3 ., 4 1.4 •4414,1+1. • : - ,__,_.._. zt.,, Google earth feet meters 100 500 VDOE f1S ISNV INd ES 60 ZL 61.0Z/L/9 CLOUDED AREAS INDICATE PROPOSED IMPROVEMENTS/EQUIPMENT 1 AREAS THAT ARE NOT CLOUDED REPRESENT EXISTING EQUIPMENT 1im ii=iiii•Mil4 MUM a ill UW4 I • i ouuummi 11111111111111 111 EAST - WEST BASELINE 14 A g 0 Y I O O N A21VNIWI1321d LO Csl 3N1-13SV8 H.LnOS — H.0:10N U Disconnect Gang Switches (Typ.) Dead -End Towers 0 Static Line 230kV Conductor Bus Support Structure (Typ.) Surge Arrester (Typ.) CCVT (Typ.) 13'-0" 13'-0" SF6 Circuit Breaker (Typ.) r 8'-0" 6'-0" 12'-0" 26-0 17•_0" 17• 0" 15'-0" 68'-0" 75'-0" 30'-0" 17-6" 17'-6" 25'-0" 90'-0" 0 2014-10-27 11948011 INITIAL ISSUE REV DATE W.O. REVISION DESCRIPTION DAS DAS PO OWN DSN ENG GIN DESIGNER APPROVAL: GATE. IFEVIEWERAPPRWAL: GATE. IDEO y� FOR BY USING SAFETY PRACTICTHIS MAP/OCLUMENT IS A E PROOL TOCEDURES AND EONPMENT AS DESCRIBED PERFORMANCESIST EMPLOYEES IN THE THE SAFETY TRAINING PROGRAMOF THEIR JOBS.YOUR PERSONAL S, MANUALS MANUAS ETY IS P ANO SPARS. a INTERNAL INFORMATION: C9 NOT COPY OR DISTRIBUTE WITHOUT EXPRESS WRITTEN CONSENT FROM XCEL ENERGY RIFLE UTE 230/345KV SUBSTATION UTER € J TYPICAL BAY ▪ LiLei SECTION DATE XcelEnergy 0209-006.053SO4 1'-1' 0" 0 3/32 ANSI COREDGN 9/8/2014 1:53:37 PM Public Service Company of Colorado, Xcel Energy Rifle (Ute) — Parachute 230kV Transmission Line Project Rifle (Ute)- Parachute 230kV Transmission Line Project Location and Extent Review Application Table of Contents Application Materials 1. Location and Extent Application Form 2. Payment Agreement Form 3. Signature of Authority 4. Agent Authorization 5. Public Utility Documentation 6. Pre -application Summary 7. Application Narrative Maps and Plan 1. Vicinity Map 2. Site Plan (Located within Binder and on 24 Inch by 36 Inch sheets) 3. Legal Description 4. Proposed Staging Material Area Aerial Maps 5. Proposed Materials Staging Area List 6. Road Crossing Map (Located within Binder and on 24 Inch by 36 Inch sheet) 7. Road Crossing List 8. Parcel and Zoning Map (Located within Binder and on 24 Inch by 36 Inch sheets) 9. Parcel Owners List 10. Soils Map (Located within Binder and on 24 Inch by 36 Inch sheets) 11. H -Frame Engineering Figure 12. Deadend Circuit Figure 13. Photo Location Map and Description 14. Parachute Substation Plans 15. Rifle Substation Plans Comprehensive Plan 1. Comprehensive Plan Narrative 2. Future Zone District Figure (Located within Binder and on 24 Inch by 36 Inch Sheet) Application - Table of Contents Location and Extent Review Garfield County, 2015 Page 1 of 2 Public Service Company of Colorado, Xcel Energy Rifle (Ute) — Parachute 230kV Transmission Line Project Impact Assessment 1. Environmental Assessment 2. Public Outreach Summary 3. Proposed Construction Schedule 4. Mineral Owners List 5. Permit Review Summary 6. Federal Fish and Wildlife Permit 7. Public Utilities Commission Certificate 8. Department of Interior Approval Application - Table of Contents Location and Extent Review Garfield County, 2015 Page 2 of 2 Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project Garfield County Comprehensive Plan 2030 Narrative Location and Extent Review Process Section 4-111 (B) 1. INTRODUCTION The following section addresses the conformance with the Garfield County Comprehensive Plan 2030 (GCCP) as stated in Section 4-111 B. of the Garfield County Use and Development Code (LUDC) for the Location and Extent Review Process. 2. SECTION 1- URBAN GROWTH AREAS AND INTERGOVERNMENTAL COORDINATION Vision Garfield County has worked with municipalities to direct development to UGAs where public services and infrastructure are provided in an efficient and cost-effective manner. Intergovernmental cooperation between municipalities and other public agencies has demonstrated successful collaboration and has resulted in the creation of new partnerships and collaborative efforts on behalf of the residents of the county. The proposed transmission line and upgrades to the Rifle (Ute) and Parachute substations conforms to the vision of urban growth by providing sufficient and reliable electrical service to communities. Applicable Goals: 2. Encourage future development requiring urban services to be located in areas where these services are or can readily be made available. As the Parachute and Rifle areas increase in population, so will the demand for electricity. The substations are located within the Parachute and Rifle future area of influence. The proposed project will increase the reliability of electrical service in the subject areas and will support urban growth. 3. Ensure that county land use policies and development approvals are compatible with the existing zoning and future land use objectives of the appropriate municipality. The proposed project is consistent with municipality goals or future zone districts. Electric service is necessary for urban development. The proposed project will minimize land needed by upgrading substations on PSCo owned parcels and maximizing the use of existing right-of-way (ROW). Approximately 18.5 miles of the proposed transmission line will be constructed in existing transmission line corridors, reducing impacts to nearby municipalities while providing essential services to urban growth areas. 6. The opportunity for citizens to be involved in all phases of the planning process continues to be an integral part of the county land use planning process. The Applicant has held several public meetings in the Parachute and Rifle areas. Citizens have had the opportunity to express opinions to the Applicant on the proposed project. The Applicant has Comprehensive Plan Narrative Location and Extent Review Garfield County, 2015 Page 1 of 10 Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project held meetings with citizens to address concerns and questions. A Public Outreach Document, detailing communication efforts with the public, is located in the Impact Assessment tab. 3. SECTION 2- HOUSING Vision Housing is located near existing infrastructure and amenities so that families can live, work and play in their communities. The proposed project supports the Garfield County's vision for housing. The construction and operation of the project would provide a reliable second source of power (redundancy) into central Garfield County communities, including the towns of Rifle and Parachute. The transmission line is needed to provide sufficient and reliable electrical service to the area to meet anticipated electrical demand for businesses and the community. Reliable electrical power is essential to support urban growth and affordable housing located in higher density areas. Applicable Goals: 1. To bring about a range of housing types, costs, and tenancy options, that ensure for our current and future residents affordable housing opportunities in safe, efficient residential structures Utilities must be available in order to allow housing opportunity. The proposed transmission line and improvements to Rifle (Ute) and Parachute substations will increase the capacity and reliability of electric service to communities with potential housing growth. Applicable Policies: 4. Encourage providing affordable housing in areas where cost-effective transportation exists (as appropriate to income scale). Rifle and Parachute currently provide a lower housing cost compared to the communities east of the proposed site location. Available electrical power will support the policy of increasing affordable housing and will allow for potential growth. 5. Encourage provision of affordable housing closer to where jobs are located. Rifle and Parachute currently provide a lower housing cost compared to the communities east of the proposed site location. Increased electrical capacity will support the policy of increased affordable housing in areas with job opportunities by providing available electricity to communities and industry. The proposed project will provide increased electrical power that will support oil and gas operations and facilities. The oil and gas industry will be able to operate at the lower cost by using electricity as a power source, rather than natural gas. The oil and gas industry are significant employers in the western region of Garfield County. Lower operating costs will help to maintain that employers remain in the area. 4. SECTION 3 - TRANSPORATION Vision Garfield County has a safe, efficient, well-maintained and balanced transportation network that accommodates multi -modal uses and effectively links all communities throughout the Colorado River and Roaring Fork River corridors. Comprehensive Plan Narrative Location and Extent Review Garfield County, 2015 Page 2 of 10 Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project The proposed project is consistent with the County's vision for transportation.. No new accesses will be required for the construction or maintenance of the proposed transmission line. Existing roads that were used for the construction of the existing lines (1960's and 1980's) will be cleared of vegetation and rocks and utilized for this project. The site will be accessed by existing roads and helicopter, which minimizes any loss of use of public, private, or any accesses. Increased traffic from construction of a new transmission line would have a short-term adverse contribution to traffic on County and BLM roads in the project area when added to the traffic from oil and gas operations and other local road use. There would be no long-term adverse cumulative effect following construction because no new roads would be built and access to existing roads would be maintained. Periodic access for transmission line maintenance would be infrequent with minimal impact on access or traffic. The Site Plan and a list of roads, located in the Maps and Plans tab, identifies roads that the proposed RPTL will cross. The Environmental Assessment, located in the Impact Assessment tab, details accesses to be utilized during construction and operation. Applicable Goals: 1. Ensure that county roads are constructed and maintained on a safe and fiscally sustainable basis. Principal roads that would be used to access the transmission line route include Garfield County Roads 309, 301, 351, 329, 325, Beaver Creek Road, Mustang Mesa Trail, Quicksilver Way, and numerous BLM roads and oil and gas exploration spur roads. Installation of the transmission line structures and the transmission line would require access along the transmission line corridor. It is anticipated that the majority of the proposed power line would be accessible from the current network of roads on BLM and private lands. Minor road improvements to existing roads may be necessary and damage to existing roads would be repaired following construction. Impacts to existing access roads from transport of equipment and materials required for transmission line installation are expected to be minor, because of the limited anticipated use over a short time period and mitigation measures to restore any damaged roads. Stringing and pulling electrical conductor (wires) between structures would require off-road vehicle travel. No roads would be constructed for this work. Travel would only be conducted when the ground is dry and slopes are not steep. Ground disturbances from off-road activities would be restored and revegetated as needed. The Site Plan and a list of roads, located in the Maps and Plans tab, identifies roads that the proposed RPTL will cross. The Environmental Assessment, located in the Impact Assessment tab, details accesses to be utilized during construction and operation. 5. SECTION 4 - ECONOMICS, EMPLOYMENT, AND TOURISM Vision The county has encouraged economic opportunity and diversity to develop in strategic locations by designating a variety of areas as employment and commerce centers. Designated areas have encouraged business clusters to develop and incubators, entrepreneurial and existing business have expanded into these areas. The county has played a key role in providing traditional and communications infrastructure to specific commerce centers. Light industrial and commercial uses are strategically located within and adjacent to cities and towns by encouraging growth and employment centers to be developed within planned urban growth boundaries. Mixed-use residential and commercial development has been encouraged and the county has required development to pay for a fair share of its impacts. Comprehensive Plan Narrative Location and Extent Review Garfield County, 2015 Page 3 of 10 Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project The proposed transmission line and improvements to Rifle (Ute) and Parachute substations are consistent with the County's vision of encouraging economic development as they will support economic opportunity in the western region of Garfield County. Communities and industry will have access to consistent electrical power. Reliable utilities are essential for industrial and commercial growth. Applicable Goals: 1. Maintain a strong and diverse economic base (for both employment and income generation). The proposed project will provide the opportunity for a strong and diverse economic base in the Parachute and Rifle communities by supplying a reliable electrical power source. Reliable utilities are essential for industrial and commercial growth. Construction spending and construction phase related jobs may result in short-term beneficial effects to the local economy. The anticipated workforce during construction would range from about 20 to 40 workers depending on the phase of construction over the 9 to 12 month anticipated construction period and is expected average about 30 workers over the course of the project. Labor would likely come from regional communities and other surrounding Colorado counties. Applicable Policies: 3. Garfield County will encourage the development of a diversified industrial base recognizing physical location -to market capabilities of the community, and the social and environmental impacts of industrial uses. The proposed project will reduce environmental impacts to the surrounding area. The new line is needed to provide additional transmission capacity to serve the current and anticipated oil and gas production and exploration in the project area, including the Piceance Basin and surrounding area. Compressors are one of the main equipment components of oil and gas development. Typically, oil and gas developers have a choice between using natural gas -driven compressors or electric -driven compressors. Strict environmental regulations (air quality, noise, etc.) and competitive pricing of electricity drive the choice towards electric -driven compressors, which can reduce emissions and may result in decreased environmental impact. 5. The county will direct industrial developments to the airport center and other appropriately designated areas. The new Rifle (Ute) -Parachute 230kV Transmission Line will provide added reliability to the Rifle Airport Center. The Rifle/Garfield County airport is served by Holy Cross Energy; however, Holy Cross is a wholesale customer of Public Service Company (Xcel Energy). The proposed project will result in increased reliability in the subject area of service for Holy Cross's service territory. Increased available electricity and reliability will support development in the Rifle Air Center. 6. The county recognizes that the tourism industry is an important part of the regional economy and the County recognizes that the tourism industry is enhanced by (1) open space and scenic vistas (2) public trails and other recreational opportunities (3) public access to public lands (4) a healthy environment and habitats for hunting and fishing (5) green belts and open area between communities (6) clean air and water (7) local foods and local produce. The Rifle (Ute) to Parachute Transmission Line will not result in a decrease of public lands use or prohibit access to trails. The transmission line will be located in a ROW where current transmission Comprehensive Plan Narrative Location and Extent Review Garfield County, 2015 Page 4 of 10 Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project lines exist, utilizing previously developed areas. The proposed new structures and line would be shorter than or comparable to existing facilities and visual changes to the landscape would be minimized. The RPTL follows existing transmission line corridors for about 90 percent of the alignment to minimize changes to the visual landscape. The 2 miles of transmission line that creates a new corridor is located in a rural area with scattered oil and gas production. Increasing electrical capabilities will create the opportunity for the oil and gas industry to use electric -driven compressors, which can reduce emissions and may result in decreased environmental impact. 6. SECTION 5 - RECREATION, OPEN SPACE, AND TRAILS Vision Open spaces, recreational trails and parks are available throughout the county and access to public lands and river corridors have been preserved and enhanced. Recreation and tourism industries are encouraged and supported in appropriate locations throughout the county. 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. Approximately 18.5 miles of the proposed transmission line will be constructed in existing transmission line corridors, reducing impacts to open space and visual landscape. Applicable Goals: 2. Ensure public access to federal lands is preserved, consistent with Bureau of Land Management and U.S. Forest Service policies. Approximately 4.65 miles of the proposed transmission line will be located on public lands, specifically BLM. Of that 4.65 miles located on public lands, 3.8 miles will be within a pre-existing transmission line corridor. The proposed project is designed to minimize visual impacts and will not prohibit access to public lands. During construction and operations, BLM roads will be accessed. The construction schedule was determined following recommendations from the Environmental Assessment and BLM. The proposed construction schedule is located in the Impact Assessment tab. 3. Provide opportunities for the tourism industry to utilize recreational resources as well as to preserve recreation resources for local access. The proposed transmission line and upgrades to existing Rifle (Ute) and Parachute substations are consistent with the County's vision to utilize recreational resources and preserve local access to those resources. Approximately 4.65 miles of the proposed transmission line will be located on public lands, specifically BLM. Of that 4.65 miles located on public lands, 3.8 miles will be within a pre-existing transmission line corridor. The proposed project is designed to minimize visual impacts and will not prohibit access. 7. SECTION 6 - AGRICULTURE Vision Garfield County has preserved rural character and agricultural heritage by encouraging the retention of important agricultural lands, working farms and ranches while preserving rural character and agricultural heritage. The county has encouraged conservation of lands that protect important wildlife corridors, natural habitats, important viewsheds and other critical open space. Comprehensive Plan Narrative Location and Extent Review Garfield County, 2015 Page 5 of 10 Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project The proposed project is in line with the County's vision to preserve rural character and agricultural heritage as the line is designed to minimize visual impacts. Approximately 18.5 miles of the proposed transmission line will be constructed in existing transmission line corridors, reducing impacts to open space and visual landscape. Proposed substation upgrades will occur at existing substations and will not result in additional land development. Vegetation clearing would be limited primarily to pole placement to reduce loss of pasture and grazing land. Any agricultural/grazing areas disturbed by construction will be returned as much as possible to pre - construction conditions. Complete loss of use may occur at the structure foundations and PSCo will pay the landowner accordingly for crop damages after construction is completed. Applicable Goals: 3. Preserve scenic and visual corridors in the county. The proposed project is designed to minimize visual impacts and maintain visual landscape character. Approximately 18.5 miles of the proposed transmission line will be constructed in existing transmission line corridors, reducing impacts to open space and visual landscape. The route for the transmission line is located parallel to the existing 345kV transmission line corridor and the existing 230kV transmission line route for all but about 2 miles. The RPTL follows existing transmission line corridors for about 90 percent of the alignment to minimize changes to the visual landscape. The 2 miles of transmission line that creates a new corridor is located in a rural area with scattered oil and gas production. The clearing of some natural vegetation may be required and will be primarily at the structure locations; however, clearing would be performed when necessary to provide for surveying, foundation excavation, and electrical clearance requirements to support safety and line reliability, and construction and maintenance operations. Treatment of vegetation within the ROW includes the removal or trimming of trees to prevent contact between trees and the transmission line conductors. Applicable Policies: 1. Agricultural land will be protected from infringement and associated impacts of higher -intensity land uses with buffer areas between the agricultural uses and the proposed project. The existing substations are located adjacent to Parachute and Rifle municipalities. The proposed project is designed to minimize impacts to agriculture land. Approximately 18.5 miles of the proposed transmission line will be constructed in existing transmission line corridors, reducing impacts to open space and visual landscape. The clearing of some natural vegetation may be required and will be primarily at the structure locations; however, clearing would be performed when necessary to provide for surveying, foundation excavation, electrical clearance requirements to support safety and line reliability, and construction and maintenance operations. Treatment of vegetation within the ROW includes the removal or trimming of trees to prevent contact between trees and the transmission line conductors. Any areas of soil disturbance will be reseeded in accordance with the Environmental Assessment. 8. SECTION 7 - WATER AND SEWER SYSTEMS Vision High water quality has been preserved and enhanced through stringent regulation of waste water treatment and disposal as well as regulation of detrimental surface uses. The RPTL is consistent with the County's vision of preserving high water quality and has been designed to mitigate any impacts to surface and groundwater. Stormwater Management Plan and Spill Prevention Plans will be implemented during construction and operation phases. The Comprehensive Plan Narrative Location and Extent Review Garfield County, 2015 Page 6 of 10 Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project proposed transmission line and substation upgrades will not require the installation of a permanent on-site wastewater treatment system. Mitigation efforts are detailed in the Environmental Assessment, located in the Supporting Materials tab. Applicable Policies: 2. County will strongly discourage the proliferation of private central water/ sewer systems. Special district or metro districts should only be considered in rare circumstances and only after other option with municipal governments are determined unfeasible after an objective review process. Facilities for the proposed RPTL are unmanned and will not result in the installation of a private central water or sewer systems. 4. Require new development to mitigate impacts on existing water/sewer systems. Facilities for the proposed RPTL are unmanned and will not result in impacts to existing water and sewer systems. The subject use will not require increase water from an existing water system. 9. SECTION 8 - NATURAL RESOURCES Vision The county has preserved and enhanced the habitat for wildlife, native vegetation, riparian corridors, scenic and other important features of the natural environment. The county has successfully worked to minimize light pollution and has protected and improved air and water quality for the health of its citizens. The proposed project is consistent with the County's vision of preserving natural resources and is designed to minimize impacts to wildlife habitat, native vegetation, riparian corridors and scenic views. Approximately 18.5 miles of the proposed transmission line will be constructed in existing transmission line corridors, reducing impacts to open space and visual landscape. Goals: 1. Ensure that natural, scenic, ecological, and critical wildlife habitat resources are protected and/or impacts mitigated. To minimize visual impacts and maintain visual landscape character, the route for the proposed transmission line is located parallel to the existing 345kV transmission line corridor and the existing 230 kV transmission line route for all but about 2 miles. The proposed project would be located in existing transmission line corridors for about 90 percent of the alignment to minimize changes to the visual landscape. Portions of the transmission line would be visible from I-70 north of Parachute where the new line would parallel an existing 230kV transmission line and from County Road 301. The transmission line would have limited visibility from County Road 320 for most of the western portion of the alignment. The site was designed to conform to the BLM's Visual Resource Management (VRM) system, which evaluates scenic values and appropriate levels of management. VRM classifications are detailed in the Environmental Assessment located in the Impact Assessment tab. The proposed new structures and line would be shorter than or comparable to existing facilities, minimizing visual changes to the landscape. The 2 miles of transmission line that creates a new corridor is located in a rural area with scattered oil and gas production. The transmission line would be visible from several county and BLM roads and scattered rural residencies, but the visual Comprehensive Plan Narrative Location and Extent Review Garfield County, 2015 Page 7 of 10 Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project character of the landscape would not change substantially from existing conditions where the transmission line follows existing lines. Limited vegetation clearing, revegetation of temporary disturbances, avoidance of new road construction, and use of weathering steel poles would contribute to minimizing impacts to the visual character of the landscape and maintaining VRM Class objectives. The clearing of some natural vegetation may be required and will be primarily at the structure locations; however, clearing would be performed when necessary to provide for surveying, foundation excavation, electrical clearance requirements to support safety and line reliability, and construction and maintenance operations. Treatment of vegetation within the ROW includes the removal or trimming of trees to prevent contact between trees and the transmission line conductors. In order to maintain a natural looking landscape and comply with VRM objectives, the following design features will be implemented: Weathering steel structures would be used to reduce reflectivity and visibility. Thinning and feathering of adjacent vegetation would be incorporated when trimming vegetation adjacent to the transmission line. Temporary disturbances would be reclaimed following construction. The Environmental Assessment concluded no loss of critical habitat will occur with the proposed project. The transmission line route will cross the Colorado River floodplain near Parachute. If transmission line structures must be placed in the Colorado River floodplain, poles would be placed as far from the active channel as possible. Poles placed in the floodplain would not restrict the ability of the floodplain to convey and store floodwaters, and would not contribute to flooding during or after construction. Regular inspection of the poles in the floodplain by PSCo would be conducted to remove debris and ensure the integrity of the structures. 2. Preserve natural drainage patterns so the cumulative impact of public and private land use activities will not cause storm drainage and floodwater patterns to exceed the capacity of natural or constructed drainage ways, or to subject other areas to an increased potential for damage due to flooding, erosion or sedimentation or result in pollution to streams, rivers or other natural bodies of water. The possible installation of transmission line poles in the Colorado River floodplain near Parachute would have a negligible contribution to adverse cumulative effects from other existing developments in the floodplain. There are no known future developments in the Colorado River floodplain near Parachute that would contribute to cumulative effects. If transmission line structures must be placed in the Colorado River floodplain, poles would be placed as far from the active channel as possible. Structure placement in wetlands or below the Ordinary High Water Mark would be avoided if possible and appropriate U.S. Army Corps of Engineer approvals secured prior to construction if impacts are unavoidable. Debris protection measures would be placed around poles to prevent flood damage. Regular inspection of the poles in the floodplain by PSCo would be conducted to remove debris and ensure the integrity of the structures. Several perennial drainages provide limited aquatic habitat in the project area. The Colorado River is on the western end of the project area. Perennial or intermittent drainages tributary to the Colorado River include West Mamm Creek, Beaver Creek, Porcupine Creek, Cache Creek, Cottonwood Creek, and Battlement Creek. Pole placement is flexible, and would be altered to avoid Comprehensive Plan Narrative Location and Extent Review Garfield County, 2015 Page 8 of 10 Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project aquatic habitat or sensitive areas. Reclamation, including reseeding of disturbed areas, would occur as soon as possible following construction. In addition, the Stormwater Management Plan would prevent erosion/sedimentation effects into area drainages. 3. Protect existing access to natural resources. The proposed project will be located in existing transmission line corridors for about 90 percent of the alignment and will not prohibit access to public lands or any current accesses to natural resources. 4. Ensure the appropriate reclamation of land after extraction processes. Reclamation, including reseeding of disturbed areas, would occur as soon as possible following construction. All disturbed surfaces would be restored to preconstruction conditions to the extent possible. Because no cut or fill would be required, minimal grading or smoothing would be all that is necessary. BLM approved native seed mixes would be used to revegetate disturbed federal lands along the ROW. Seeding involves the mechanical or hand application of specific seed mixes appropriate for the site location and soil type. Seeding provides plant growth to stabilize the soil reducing the likelihood of erosion or sediment transport. As soon as practical, after the completion of construction activities, soil would be properly prepared for seeding. Areas will also be inspected for erosion and/or sediment deposition. Maintenance items would include re -grading and seeding bare or areas of thin vegetative growth and/or adding additional BMPs as appropriate. Specific seed mixes and reclamation BMP's are detailed in the Environmental Assessment. Policies: 1. The county will encourage and cooperate with the protection of critical habitat including state and federally protected, threatened, or endangered species. A comprehensive Environmental Assessment was conducted for the area of the proposed transmission line and substation. The proposed site has been designed to minimize impacts to wildlife. For raptors and migratory birds, a biological monitor would be employed by PSCo to evaluate nesting activities, if work within the active nesting season timeframes provided is desired. If the biological monitor finds no active nesting, coordination with BLM would occur to ensure agreement on the ability to use a helicopter within the timeframes and nest buffers. PSCo is working with the BLM and constituents to address all wildlife concerns. 2. Garfield County will encourage the protection of watersheds, flood plains, and riparian areas. A comprehensive Environmental Assessment was conducted for the area of the proposed transmission line and substation. The 2009 Divide Creek LHA and the 2005 Rifle -West Watershed LHA were referenced for analysis of public land health standards The Environmental Assessment determined that water quality (surface and ground) and water rights would not be potentially affected by the proposed project. The Environmental Assessment detailing all impacts and mitigations efforts is located in the Impact Assessment tab. Comprehensive Plan Narrative Location and Extent Review Garfield County, 2015 Page 9 of 10 Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project 10. SECTION 9 - MINERAL EXTRACTION Vision Resource extraction, including oil and gas development, has been encouraged to remain in the county due to their contribution they make to the county's overall goal of having a diverse and stable economy. While resource industries are welcomed in the county, they have been expected to fairly mitigate negative impacts that might have resulted due to their operations. The availability of increased electrical capacity will allow the oil and gas industry to use electrical - driven equipment, reducing noise and air emissions impacts. Applicable Goals: 2. Ensure that mineral extraction activities mitigate their effects on the natural environment, including air quality, water quality, wildlife habitat or important visual resources. The availability of increased electrical capacity will allow the oil and gas industry to use electrical - driven equipment, therefore reducing noise and air emissions impacts. 4. Facilities that are appurtenances to oil/ gas development activities (compressors, etc.) are considered appropriate in all land uses so long as they meet the respective mitigation requirements of the LUDC to maintain compatibility with surrounding land uses. The proposed project will allow for the use of electrical -driven equipment and facilities for natural resource extraction. Electrical -driven equipment may mitigate impacts and permit the Oil and Gas Industry to maintain compatibility with surrounding land use by minimizing noise and air emissions. 11. SECTION 10 - RENEWABLE ENERGY Vision Garfield County has encouraged the development of renewable energy sources throughout the county and has ensured that generating facilities are located in appropriate places in the county. The county has also ensured that county regulations are not unduly burdensome or difficult to negotiate in regards to the development and location of new renewable energy resources. The Applicant supports the County's vision of encouraging the development of renewable energy sources and is presently exploring renewable energy options for Western Colorado. Currently, Xcel Energy does not have any renewable energy facilities located within Garfield County. Xcel Energy does own a solar garden currently interconnected at 2930 D 1/4 Road, Grand Junction 81594 in Mesa County. The Applicant is not aware of any other planned gardens in that area; however, they will be releasing another RFP later this year. Comprehensive Plan Narrative Location and Extent Review Garfield County, 2015 Page 10 of 10 Public Service Company of Colorado Xcel Rifle (Ute) to Parachute 230kV Transmission Line Comprehensive Plan Table of Contents 1. Comprehensive Plan Narrative 2. Future Zone District Figure Comprehensive Plan - Table of Contents Garfield County Location and Extent Review, 2015 Page 1 of 1 Public Service Company of Colorado Xcel Rifle (Ute) to Parachute 230kV Transmission Line Impact Assessment Table of Contents 1. Environmental Assessment 2. Public Outreach Summary 3. Proposed Construction Schedule 4. Mineral Owners List 5. Permit Review Summary 6. Federal Fish and Wildlife Permit 7. Public Utilities Certificate 8. Department of Interior Approval Impact Assessment - Table of Contents Garfield County Location and Extent Review, 2015 Page 1 of 1 Public Service Company of Colorado Xcel Rifle (Ute) to Parachute 230kV Transmission Line Maps and Plans Table of Contents 1. Vicinity Map 2. Site Plan 3. Legal Description 4. Proposed Materials Staging Area List 5. Proposed Staging Material Area Aerial Maps 6. Road Crossing Map 7. Road Crossing List 8. Parcel and Zoning Map 9. Parcel Owners List 10. Soils Map 11. H -Frame Engineering Figure 12. Deadend Circuit Figure 13. Photo Location Map and Description 14. Parachute Substation Plans 15. Rifle Substation Plans Figures and Plans - Table of Contents Garfield County Location and Extent Review, 2015 Page 1 of 1 Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project Proposed Parachute Substation Improvement Plans The following plans detail the proposed improvements to the Parachute Substation located in Parachute, CO. Improvements to the existing Parachute substations will allow the subject facility to function as the terminal points for the transmission line. The substations are located on parcels owned by PSCo. ■ (2) Dead -End Towers ■ Static Lines ■ 230kV Conductors (Cables and Aluminum Tubes) ■ (4) Disconnect Gang Switches & (6) Disconnect Gang Switch Supports ■ (3) Surge Arresters and (1)CCVT ■ (2) SF6 Circuit Breakers The substations are located on parcels owned by Public Service Company of Colorado, an Xcel Energy Company. The Parachute Substation is located on Parcel # 240706300141, Section 6, Township 7 South, and Range 95 West within the Resource Lands zone district. PSCo constructed the Parachute substation in 1982. A Special Use Permit (Resolution 82-95) was issued for the construction of a transmission line and the Parachute Substation. The following are included in the Rifle (Ute) Substation Improvement Plans document: • Parachute Substation Details • Parcel # 240706300141 Deed • Special Use Permit- Transmission Line and Parachute Substation • Current Aerial Figure • General Arrangement • Section View Parachute Substation Improvement Plans Garfield County Location and Extent Review, 2015 842 843 263" 251:: 252:s0' 2530'' 25> 25E2' o,,p4 260CV 00 4,'" J06 26.:a �a t 248 246 245 244 243 239 237 236_ _0_- - _ - 0 242 241 240 '._ 38_= 249 ------0. _ 235 234 250 0 232 231 230 '>•..., 229 228 227 226 225 224 223 —0- - z6 2670,'. 2689=' 727i 10 27D 271-' 13 13 221 222 223 224 225 226 227 228 229 11 a A 4 840 841 296 839 295 PARACHUTE 285 2,84 o 199 200 O • • • • • • • • • • • • • •• ••• • • �..\ • • 212 i:210 O /209 a 208 9 :207 217 • • • • • •• • • • •• •• • • • - • • • • • • • • 11 •' • • • • •° • o 0- 16 14 232 • Morrisania Mesa Rd • • • • • a • • • ••• • •` • •° RIFLE - PARACHUTE Soils Sheet 1 Legend — Potential Proposed Route E Substation o New Transmission Structure o Existing Transmission Structure Xcel/PSCo Transmission Line 345 kV — 230 kV 138 kV 69 kV - - Xcel / PSCo Pipeline f Water Body - - Stream/Ditch Soil Type 1, Arvada loam 1 to 6 percent slopes 2, Arvada loam 6 to 20 percent slopes 3, Badland 4, Bucklon-Inchau loams 25 to 50 percent slopes 5, Cimarron loam 2 to 12 percent slopes 6, Ildefonso stony loam 25 to 45 percent slopes 7, Ildefonso stony loam 6 to 25 percent slopes 8, Morval-Tridell complex 6 to 25 percent slopes 9, Morval loam 3 to 12 percent slopes 10, Nihil/ channery loam 6 to 25 percent slopes 11, Potts-Ildefonso complex 25 to 45 percent slopes 11, Potts-Ildefonso complex 12 to 25 percent slopes 12, Potts loam 3 to 6 percent slopes 13, Potts loam 6 to 12 percent slopes 14, Torrifluvents nearly level 15, Torriorthents-Camborthids-Rock outcrop complex steep 16, Torriorthents-Rock outcrop complex steep 17, Vale silt loam 3 to 6 percent slopes 18, Vale silt loam 6 to 12 percent slopes 19, Villa Grove-Zoltay loams 15 to 30 percent slopes 20, Wann sandy loam 1 to 3 percent slopes L l 0 500 1,000 2,000 Feet Date: 1/22/2015 Xcel Energy RESPONSIBLE BY NATURE'. 232 231 218' 233"tr— -0.. 230 221 220 219 a__ 229 228 227 226 225 224 223 222 _ _ 2 �_ _ _ _ — — — — d — a a- _ _ �_ _ _ _ 251 252 253 254 25 25 1' 249. 248 13 14 14 20 12 247 0 0 13 11 13 12 11 245 226 227 228 229 232 • •. • •. •. 233 234 l '+�� - -. •.. 16 • 6 235 236 237 238 239 240 13 11 244 241 2 243 042 0 13 7 13 13 7 13 13 18 8 13 000 *4-000,0,064. rP 44, eo Morrisania Mesa Rd e • f e • ♦• • e • ✓ e • e • - . • . • . . • . . • . . • . .. • . • V • • • . • • • . • . . • • . .M • . . • . . • . • . . • • . .� •e` • • • 0 Y ♦ • • • 68 67 66 4 0 65 • • 64 63 a 6261 60 59 • • • Mo'll'nlellt GU4ch 76 0 075 �r4 RIFLE - PARACHUTE Soils Sheet 2 Legend — Potential Proposed Route 0 Substation o New Transmission Structure o Existing Transmission Structure Xcel/PSCo Transmission Line 345 kV — 230 kV 138 kV 69 kV - - ' Xcel / PSCo Pipeline f Water Body - - Stream/Ditch Soil Type 1, Arvada loam 1 to 6 percent slopes 2, Arvada loam 6 to 20 percent slopes 3, Badland 4, Bucklon-Inchau loams 25 to 50 percent slopes 5, Cimarron loam 2 to 12 percent slopes 6, Ildefonso stony loam 25 to 45 percent slopes 7, Ildefonso stony loam 6 to 25 percent slopes 8, Morval-Tridell complex 6 to 25 percent slopes 9, Morval loam 3 to 12 percent slopes 10, Nihil/ channery loam 6 to 25 percent slopes 11, Potts-Ildefonso complex 25 to 45 percent slopes 11, Potts-Ildefonso complex 12 to 25 percent slopes 12, Potts loam 3 to 6 percent slopes 13, Potts loam 6 to 12 percent slopes 14, Torrifluvents nearly level 15, Torriorthents-Camborthids-Rock outcrop complex steep 16, Torriorthents-Rock outcrop complex steep 17, Vale silt loam 3 to 6 percent slopes 18, Vale silt loam 6 to 12 percent slopes 19, Villa Grove-Zoltay loams 15 to 30 percent slopes 20, Wann sandy loam 1 to 3 percent slopes L l 0 500 1,000 2,000 Feet Date: 1/22/2015 Xcel Energy RESPONSIBLE BY NATURE'. 248 247 249 250 251 252 253 -254 -255 0 62 0 a- -_- - Morrisania Mesa Rd • 18 6160 59 . l 58 4 5 8 • _ _ _ _ =�— _-- _ _ 5-- — — — —� 53 * 18 4 0 •o 0 0 0- 0 o co 4 4 f Io I l R 4• • 0 yQ ♦ r 52 51 a � a 50 RIFLE - PARACHUTE Soils Sheet 3 Legend — Potential Proposed Route 0 Substation o New Transmission Structure o Existing Transmission Structure Xcel/PSCo Transmission Line 345 kV — 230 kV 138 kV 69 kV - - Xcel / PSCo Pipeline Si, Water Body - Stream/Ditch Soil Type 1, Arvada loam 1 to 6 percent slopes 2, Arvada loam 6 to 20 percent slopes 3, Badland 4, Bucklon-Inchau loams 25 to 50 percent slopes 5, Cimarron loam 2 to 12 percent slopes 6, Ildefonso stony loam 25 to 45 percent slopes 7, Ildefonso stony loam 6 to 25 percent slopes 8, Morval-Tridell complex 6 to 25 percent slopes 9, Morval loam 3 to 12 percent slopes 10, Nihil/ channery loam 6 to 25 percent slopes 11, Potts-Ildefonso complex 25 to 45 percent slopes 11, Potts-Ildefonso complex 12 to 25 percent slopes 12, Potts loam 3 to 6 percent slopes 13, Potts loam 6 to 12 percent slopes 14, Torrifluvents nearly level 15, Torriorthents-Camborthids-Rock outcrop complex steep 16, Torriorthents-Rock outcrop complex steep 17, Vale silt loam 3 to 6 percent slopes 18, Vale silt loam 6 to 12 percent slopes 19, Villa Grove-Zoltay loams 15 to 30 percent slopes 20, Wann sandy loam 1 to 3 percent slopes L 1 l 1 0 500 1,000 2,000 Feet Date: 1/22/2015 Xcel Energy RESPONSIBLE BY NATURE'. • • ♦ • 15 46 D." 16 50 RIFLE - PARACHUTE Soils Sheet 4 Legend — Potential Proposed Route 0 Substation o New Transmission Structure o Existing Transmission Structure Xcel/PSCo Transmission Line 345 kV — 230 kV 138 kV 69 kV - - Xcel / PSCo Pipeline Si, Water Body - Stream/Ditch Soil Type 1, Arvada loam 1 to 6 percent slopes 2, Arvada loam 6 to 20 percent slopes 3, Badland 4, Bucklon-Inchau loams 25 to 50 percent slopes 5, Cimarron loam 2 to 12 percent slopes 6, Ildefonso stony loam 25 to 45 percent slopes 7, Ildefonso stony loam 6 to 25 percent slopes 8, Morval-Tridell complex 6 to 25 percent slopes 9, Morval loam 3 to 12 percent slopes 10, Nihil/ channery loam 6 to 25 percent slopes 11, Potts-Ildefonso complex 25 to 45 percent slopes 11, Potts-Ildefonso complex 12 to 25 percent slopes 12, Potts loam 3 to 6 percent slopes 13, Potts loam 6 to 12 percent slopes 14, Torrifluvents nearly level 15, Torriorthents-Camborthids-Rock outcrop complex steep 16, Torriorthents-Rock outcrop complex steep 17, Vale silt loam 3 to 6 percent slopes 18, Vale silt loam 6 to 12 percent slopes 19, Villa Grove-Zoltay loams 15 to 30 percent slopes 20, Wann sandy loam 1 to 3 percent slopes L 1 l 1 0 500 1,000 2,000 Feet Date: 1/22/2015 Xcel Energy RESPONSIBLE BY NATURE'. 303 299. 298 8 11112 15 15 p2 I'2 I'2 24. 15 8 5 6 15 16 8 14 15 5 8 8 8 RIFLE - PARACHUTE Soils Sheet 5 Legend — Potential Proposed Route 0 Substation o New Transmission Structure o Existing Transmission Structure Xcel/PSCo Transmission Line 345 kV — 230 kV 138 kV - 69 kV - - Xcel / PSCo Pipeline Si, Water Body - - Stream/Ditch Soil Type 1, Arvada loam 1 to 6 percent slopes 2, Arvada loam 6 to 20 percent slopes 3, Badland 4, Bucklon-Inchau loams 25 to 50 percent slopes 5, Cimarron loam 2 to 12 percent slopes 6, Ildefonso stony loam 25 to 45 percent slopes 7, Ildefonso stony loam 6 to 25 percent slopes 8, Morval-Tridell complex 6 to 25 percent slopes 9, Morval loam 3 to 12 percent slopes 10, Nihil/ channery loam 6 to 25 percent slopes 11, Potts-Ildefonso complex 25 to 45 percent slopes 11, Potts-Ildefonso complex 12 to 25 percent slopes 12, Potts loam 3 to 6 percent slopes 13, Potts loam 6 to 12 percent slopes 14, Torrifluvents nearly level 15, Torriorthents-Camborthids-Rock outcrop complex steep 16, Torriorthents-Rock outcrop complex steep 17, Vale silt loam 3 to 6 percent slopes 18, Vale silt loam 6 to 12 percent slopes 19, Villa Grove-Zoltay loams 15 to 30 percent slopes 20, Wann sandy loam 1 to 3 percent slopes L 0 500 1,000 2,000 Feet Date: 1/22/2015 Xcel Energy RESPONSIBLE BY NATURE'. 102 99 5 44: 43_42 T1 40 39 38 17 O--tr— 0 & 035 G 34 00e Last 0\�`n .. Gra' 292 293 294 296 29 29 297 i 300 30. • • • s • w" ♦ 0 • i Mustang Mesa Tr i RIFLE - PARACHUTE Soils Sheet 6 Legend — Potential Proposed Route 0 Substation o New Transmission Structure o Existing Transmission Structure Xcel/PSCo Transmission Line 345 kV — 230 kV 138 kV - 69 kV - - Xcel / PSCo Pipeline Si, Water Body - - Stream/Ditch Soil Type 1, Arvada loam 1 to 6 percent slopes 2, Arvada loam 6 to 20 percent slopes 3, Badland 4, Bucklon-Inchau loams 25 to 50 percent slopes 5, Cimarron loam 2 to 12 percent slopes 6, Ildefonso stony loam 25 to 45 percent slopes 7, Ildefonso stony loam 6 to 25 percent slopes 8, Morval-Tridell complex 6 to 25 percent slopes 9, Morval loam 3 to 12 percent slopes 10, Nihil/ channery loam 6 to 25 percent slopes 11, Potts-Ildefonso complex 25 to 45 percent slopes 11, Potts-Ildefonso complex 12 to 25 percent slopes 12, Potts loam 3 to 6 percent slopes 13, Potts loam 6 to 12 percent slopes 14, Torrifluvents nearly level 15, Torriorthents-Camborthids-Rock outcrop complex steep 16, Torriorthents-Rock outcrop complex steep 17, Vale silt loam 3 to 6 percent slopes 18, Vale silt loam 6 to 12 percent slopes 19, Villa Grove-Zoltay loams 15 to 30 percent slopes 20, Wann sandy loam 1 to 3 percent slopes L 1 l 1 0 500 1,000 2,000 Feet Date: 1/22/2015 Xcel Energy RESPONSIBLE BY NATURE'. 0 501 101 0 001 506.. o•.. 0 562 sat 500 4911497 0511 0 - 0- ?_ o eOf 0 493 H] 49 to a Asten 2 42 _a«-_ 30 d -_"V 41 3_ 0 __ d' •27 9S pa9 o on �tPat 010 0 52 51 90 a :'jry.pj RU 0-3 RU 04 RU05 21 0U x •- A ........ .19•�a 16. .0 -• t]0 O `P..••Ox o ....__ ?Z x Last Cnae6............ 14-0" • RU 1-1 RIFLE (UTE) in RU 1.3 RU 1-3 RU 1-4 RO 15 1`/' O• • • .t O' 0 0f o RU 1-4 0x3 0303 301 • 2 333 336 339 3 340 342 o 332- 333 334 935 *nun. w.. Tr 3 1 RIFLE - PARACHUTE Soils Sheet 7 Legend — Potential Proposed Route (] Substation o New Transmission Structure o Besting Transmission Structure Xe4UPSCO Tranambalon Line — 34 5 kV — 230 kV — 138 kV — 69 kV • • • Xcel f PSCo Pipeline S Water Body --- Stream/Ditch Soif Type 1, Arvada loam 1 to 6 percent slopes 2. Arvada loam 6 to 20 percent slopes 3. Sadtand 4. Bucklon-Inchau looms 25 to 50 percent slopes 5, Cimarron loam 2 to 12 percent slopes 6, Ildefonso stony loam 25 to 45 percent slopes 7, Ildefonso stony loam 6 to 25 percent slopes 8, Morval-Tridell complex 6 to 25 percent slopes 9. Molval loam 3 to 12 percent slopes 10. Whitt charnery loam 6 to 25 percent slopes 11. Polls-fldefonso complex 25 to 45 percent slopes 11. Polls-Ildofonso complex 12 to 25 percent slopcs 12. Potts loam 3 to 6 percent slopes 13. Potts loam 6 to 12 percent slopes 14, Tomfuvenls nearly level 15. To3Rorthenls-Camborthids-Rock outcrop complex stoop 16. Torrlorthods-Rock outcrop complex steep 17, Vale sill loam 3 to 6 percent slopes 18, Vale sill loam 6 to t2 percent slopes 19. VOL, Grove-2dtay hams 15 to 30 percent slopes 20. Wann sandy loam 1 to 3 percent slopes 1 0 500 1.000 2.CG'J Feet Dale: 12212015 0 Xcel Energy xnr9.sulr .. ...va 1111 nillikli.INVI,110.1erthillreirlAlikkHliii 11111 Reception#: 818403 05!08!2012 12:50:43 PM Jean Rlberico 1 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO AMENDMENT LAND USE CHANGE PERMIT - SPECIAL USE APROVAL to Public Service Company of Colorado - Xcel Energy for the Rifle Substation (Parcel No. 2177-144-00-126) In accordance with and pursuant to Section 4-107 (Amendments to an Approved Land Use Change Permit) of the Garfield County Unified Land Use Resolution of 2008, as amended, the Director of the Building and Planning Department has determined that the proposal is a non -substantial amendment to an existing Land Use Change Permit and Special Use Approval, and hereby authorizes, by this Amended Land Use Change Permit, the following activity: Relocation approximately 20 ft. to the south of the proposed construction of an additional 3,000 sq.ft. storage building and related site improvements accessory to the existing Rifle Substation Facilities on that property described in Exhibit 'A", Legal Description and Exhibit "B" Site Plan. The property is generally located on Lots 1, and 2, Section 14, T6S, R93W, also known as 620 County Road 319, Rifle, Colorado, 81650. (County File No. SUAA-7171) This Administrative Permit is hereby issued subject to the conditions set forth in Exhibit "C" (attached hereto) and amends approvals granted by Resolution No. 80- 243, for a 345 KV Transmission Line which included additional terminal and substation facilities at the Rifle Substation and further amends a Land Use Change Permit issued on October 24, 2011 by Garfield County for a non -substantial amendment (previous File No. SUAA-6958). This permit shall be valid only during compliance with applicable provisions of the Garfield County Unified Land Use Resolution of 2008, as amended, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. BUILDING AND PLANNING DEPARTMENT, GARFIELD COUNTY, COLORADO Fred A. Jarman, AIC Dat Building & Planning De artment Director 1 1111 IIM6I71MLI r%' ILL IOVNI1MIDU LI H 11l 111 Reception#: 818403 05!0812012 12:50:43 PM Jean Rlberico 2 of 5 Rec Fee:$0,00 Doc Fee:0.00 GARFIELD COUNTY CO Exhibit A Legal Description EXEMPTION SURVEY LEGAL DESCRIPTION: A PORTION OF LAND LOCATED IN THE SOUTH HALF OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 98 WEST OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF RIFLE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 14; THENCE SOUTH 00°58'04° WEST A • DISTANCE OF 868.00 FEET TO THE 'POINT OF BEGINNING; THENCE SOUTH 01 °08'50' WESTA DISTANCE OF 260.14 FEET; THENCE SOUTH 00°5034° WEST A DISTANCE OF 394.85 FEET; THENCE SOUTH 88°4917° EASTA DISTANCE OF 1318.07 FEET TO THE SOUTHEASTSD(T'EENTH CORNER OF SAID SECTION 14: THENCE SOUTH - 00°56'07" WEST A DISTANCE OF 1813.57 FEET TO THE EAST SIXTEENTH CORNER OF SAID SECTION 14:1 THENCE NORTH 88"32'37' WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE 3OUTHWES1 r QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 14, A DISTANCE OF 1318.44 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 14; THENCE NORTH 00°58'08" EAST, DEPARTING SAD SOUTH uk, A DISTANCE OF 655.16 FEET, THENCE NORTH 88°37'09" WESTA DISTANCE OF 858.88 FEET: THENCE NORTH 00"5651" EAST A DISTANCE 0F854.07 FEET; THENCE NORTH 00°45'48" EAST A DISTANCE OF 345.01 FMT _ THENCE NORTH 01'05'22° EAST A DISTANCE OF 305.96 FEET; THENCE SOUTH 8"4628" EAST A DISTANCE OF 659.22 FEET TO THE POINT OF BEGINNING. CONTAINING 59.493 ACRES OR Z591,507 SQUARE FEET, MORE OR LESS. 2 n f N0' 56' 51.00-E 654.070' Exhibit "B" Site Plan Excerpt 1 NO' 45' 46,00"E 345.010 1 sv k 1 1�- 1 1 I 1 1 1 1 1 1 1 1 1 1 1 777— 1 SLY@ea©®oe®V OQeeesee j 14 lb° •a41.a'sVpet,n"sig.e'1 2 0 0 1- F 2 0 U 0 W 0a U L aJ 0 .0 0 Q 0 CN 0li� 1;;- ,0 Q. —.. 0 o ap a EN. -,$) MI ••04 41 �+1Na — n0 -1X001 n RENSMS a 1 b XCEL RIFLE OPERATIONS NEW STORAGE BUILDING 620 COUNTY ROAD 319 RIFLE, COLORADO 81650 211 ' Exhibit "B" Site Plan Excerpt - Continued oNx 1 110 , 44041 1140444111 *Al ain x 1 g 1 7 _ - f'- \ N. `\ N \ \ N \\ 1 \ \ \ \ \ / / 1\ \I ,' I' \ H~ - \ 1, \ 0 X11 1 ,; 1 \� II I N k o �1f /' r . pili' 1 \ 1111n ..�\ 5\\\\\\\\\\-\\\\\� 111 III ~~ iJ / / n 5111fld ONIOVLD R 3115 FDA 510,9 a XCEL RIFLE OPERATIONS NEW STORAGE BUILDING 620 COUNTY ROAD 319 RIFLE, COLORADO 81650 gl Ain F !e ti:a 2 U Z ?� z i �yv i U - z �. 0 U offo oo: aG CN rba� ..NN CN 0 yam MCD -K ma 80 I oln 1111 MiliairliiVIC1111.1011V1111114IMINII 11111 Reception*: 818403 05/08/2012 12:50:43 PM Jean Riberico 5 of 5 Rec Fee:$O.O0 Doo Fee:O.00 GARFIELD COUNTY CO Exhibit C Conditions of Approval a. All prior approvals including but not limited: (i) Resolution No.80-243 and conditions of approval for the Public Service Company of Colorado — Xcel Energy Rifle Substation; and (ii) Public Service Company of Colorado—Xcel Energy Amended Land Use Change Permit — Special Use Approval dated 10/24/11, shall remain in effect except as amended herein. b. The storage structure shall be limited to a maximum of 3,000 sq.ft. and shall comply with all zoning and building code requirements including grading and drainage for the proposed improvements. The Building footprint shall be shifted south approximately 20 ft as shown on the revised site plans. c. The building permit submittal shall contain storm water management plans and best management practices prepared by a licensed professional engineer for the relocated drainage swale adjacent to the building and any other related storm water impacts. d. The amended site plan shall be attached as an exhibit to the Amended Land Use Change Permit issued for the non -substantial Amendment request. Public Service Company of Colorado, Xcel Energy Rifle (Ute) - Parachute 230kV Transmission Line Project Proposed Rifle (Ute) Substation Improvement Plans The following plans detail the proposed improvements to the Rifle (Ute) Substation located in Rifle, CO. Improvements to the existing Rifle Ute substations will allow the subject facility to function as the terminal points for the transmission line. Proposed improvements are: • (2) Dead -End Towers • Static Lines • 230kV Conductors • (10) Disconnect Gang Switches • (6) Surge Arresters and (6) CCVTS • (3) SF6 Circuit Breakers The substations are located on parcels owned by Public Service Company of Colorado, an Xcel Energy Company. The Rifle (Ute) Substation is located on Parcel #217714400285 Section 14, Township 6 South, and Range 93 West within the Rural zone district. PSCo acquired the Rifle (Ute) substation in' from Colorado Ute Electric. The Rifle (Ute) was construction from 1961 to 1963. The acquisition occurred after the initial construction was completed for the Rifle (Ute) substation. At the time of the L&E submittal, the permit for the substation was not available. The subject application includes modifications that were previously unaddressed to bring the site into compliance with the LUDC. The following are included in the Rifle (Ute) Substation Improvement Plans document: • Rifle (Ute) Substation Details • Current Aerial Figure • General Arrangement • Section View Rifle (Ute) Substation Improvement Plans Garfield County Location and Extent Review, 2015 Comment [Si]: Derek- Do you have a year when the Rifle Substation was acquired? t?, Xcel Energy Public Service Company of Colorado Rifle Ute — Parachute 230kV Transmission Line Project Garfield County, Colorado Land Use Change Permit Application Location and Extent Review Application February 2015 Applicant: Public Service Company of Colorado, an Xcel Energy Company 1800 Larimer Street, 4th Floor Denver, CO 80202 Preparer: ERO Resources Corporation PO Box 932 Hotchkiss, CO 81419 t) Xcel Energy® Public Service Company of Colorado Rifle Ute - Parachute 230kV Transmission Line Project Garfield County, Colorado Location and Extent Review Application February 2015