LOWER BLUE PLANNING COMMISSION SUMMARY OF MOTIONS. April 4, 2013

Transcription

1 LOWER BLUE PLANNING COMMISSION SUMMARY OF MOTIONS April 4, 2013 COMMISSION MEMBERS PRESENT: George Resseguie, John Longhill, Amy Mastin, Donald Langmuir, Rebekah Barrington, Helen Barker, John LeCoq, Brian Wray, Elena Scott STAFF PRESENT: Alan Hanson, Lindsay Hirsh, Jim Curnutte, Keely Ambrose, Jessica Potter Amy Mastin, Chair, called the meeting of the Lower Blue Planning Commission to order at 5:30 p.m. Approval of Summary of Motions: The Summary of Motions of February 7, 2013 was approved as amended. PLN Xcel Energy/Ptarmigan Electrical Substation 1041 Permit 1041 Permit for the proposed Ptarmigan Electrical Substation including but not limited to: 1) A new electrical power substation with the necessary equipment to reduce transmission voltage from 230 kv to service distribution levels (25 kv) to serve the Town of Silverthorne and surrounding area (load center defined as the I-70/SH 9 interchange); 2) 2,148 lineal feet of double circuit 230 kv transmission line (1,506 lineal feet on private property and 642 lineal feet on USFS land) supported by three separate steel support structure arrays to connect the substation to the existing Dillon to Blue River 230 kv transmission line; 3) 2,100 lineal feet of road improvements to the Angler Mountain Ranch Road to provide for adequate construction, maintenance, and operations access, as well as access to the Town of Silverthorne s Angler Mountain Ranch Water Tank; and, 4) Associated landscaping, water quality, and drainage improvements on approximately 3.5 acres of a 71 acre parcel zoned A-1 and legally described as New PT, T2, 3, and 4, Daly Ranch Amended, generally located at 3426 Hamilton Creek Road MOTION: Commissioner Resseguie moved to recommend to BOCC approval of Planning Case with the following findings and conditions: Findings: 1. The applicant can obtain all necessary property rights, permits and approvals prior to any activities associated with those property rights, permits and approvals associated with the proposed project. PS Co has entered into a contract to purchase a 35 acre parcel encompassing the project site contingent on obtaining the required permits from the County and the USFS. The applicant is already in the process for USFS approval of an amendment to their Dillon to Blue River Transmission Line Special Use Permit for that element of the project on WRNF land. Construction permits from the CDPHE for erosion control and water quality protection would be applied for and obtained concurrent with application to the County for a grading permit for the project. The CPUC has already determined that the project is exempt from further permitting requirements of that State agency. Prior to issuance of a County grading permit to allow for commencement of construction the applicant would have to demonstrate to the satisfaction of the County that all necessary easements from affected property

2 owners and requisite Town of Silverthorne approvals/authorization for installation of the distribution power lines from the substation had been obtained. 2. The relevant provisions of the Northwest Colorado Council of Governments ( NWCCOG ) 208 Regional Water Quality Management Plan have been considered in the development of the proposed project, and with implementation of the recommended Conditions of Approval noted below, the project would be consistent with all applicable provisions of Policies 1-3 and 5 of that plan. Per the project application, the applicant would not use any hazardous materials or pesticides either during construction or operations of the substation. Only small amounts of herbicides and fertilizer would be used to facilitate establishment of landscaping. No underground storage of any material or liquid would occur. Project plans include two detention ponds/snowstorage areas at the northwest and southwest corners of the substation pad to remove pollutants from onsite runoff. The project would be subject to the Stormwater Management Plan (SWMP) requirements of the Colorado Department of Public Health and Environment Water Quality Control Division (CDPHE-WQCD). The required SWMP would identify potential pollutant sources and require implementation of Best Management Practices (BMPs) to reduce or eliminate the discharge of contaminated runoff that could impact water quality in the area during both project construction and operations phases. In addition, the project would be subject to compliance with the County s Water Quality Control Manual and performance standards for construction/grading activities set forth in Chapter 7 of the County s Land Use and Development Code. 3. PS Co has in-house transmission and substation engineers capable of designing a project such as the proposed substation as well as the financial resources to retain outside technical expertise to support such efforts. 4. The project design and review team, comprised on in-house and consulting engineers, outside environmental consultants, and in-house and consulting legal teams, has evaluated project costs and the effects of existing site constraints on the company s ability to bring the project in within its approximately $35 million budget and deemed the project both financially and technically feasible. PS Co would not have to take on any additional debt to fund the project, including implementation of all mitigation measures and project requirements imposed by any of the involved permitting agencies. 5. The project site is moderately sloped (10%-20%), devoid of any landslide hazard or areas subject to potential surface creep/slump unstable slopes, or earth-flows, comprised of deep, well drained loam soils formed from alluvial deposits, and located on Niobrara Formation bedrock. Groundwater in the area of the project site is generally of a sufficient depth so as not to pose significant difficulties in project construction. There are no mapped folds or faults in the area of the project site and the project site lies within a low wildfire-hazard area. 6. The proposed project is in general conformity with applicable master plan documents including the Countywide Comprehensive Plan and Lower Blue Master Plan. In particular, the project is consistent with the following goals and policies of each of those plans: CWCP Community & Public Facilities Element goals and policies regarding provision Adequate infrastructure to serve new and existing development; Land Use Element goals and policies regarding the availability of infrastructure and public services; Environmental Element goals and policies regarding the protection and avoidance of sensitive environmental resources; Design & Visual Resources Element goals and policies regarding protection of visually sensitive resources and mitigation of visual and aesthetic impacts posed by the project; Recreation & Trails Element goals and policies regarding protection of recreational resources; and,

3 Economic Sustainability Element goals and policies regarding the provision of a safe and reliable electrical power supply to this portion of the County to support a health and sustainable economy. LBMP Goal H policies regarding protection of environmentally sensitive resources; Goal K policies regarding the provision of adequate infrastructure and services; and, Goal L policies regarding protection of the rural character and visual quality of the Lower Blue Basin. 7. The proposed substation will not have any effect on the capability of local government to provide services or exceed the capacity of local government service delivery systems. The project would not result in any measurable increase in traffic, demand for water or wastewater treatment, or solid waste generation. The proposed project would not result in any measureable increase in demand for workforce housing or impact such public services as police/fire protection, schools, libraries, and medical services. In fact, without the substation, the ability of PS Co to safely and reliably provide electrical service to its customers in the Lower Blue Basin and elsewhere within Summit County would be compromised in the future. 8. The proposed substation is a component of PS Co s utility system. All costs associated with its construction and operation would be borne by PS Co and allocated to the whole system, not just those customers served by the new facility. Based on the project site s current assessment of undeveloped A- 1 zoned land rather than the prior assessment as ranch/farm land, project implementation would result in an increase in County property tax revenues. 9. The proposed project would not degrade any sector of the local economy and in fact would provide for a significant benefit by ensuring that County residences and businesses have a safe and reliable electrical supply now and into the future. In addition, construction of the facility would result in the need for such local services as lodging, food, fuel and other incidentals. Construction crews are anticipated to utilize a mix of PS Co employees and local/regional contractors. 10. Recreational activities in the vicinity of the project site include fishing on the gold medal trout waters of the Blue River, approximately ¾ of a mile to the west, use of the Angler Mountain Trail including accessing the Ptarmigan Trail to the east on the WRNF, and hunting on Ptarmigan Mountain for mule deer, elk, bear, and moose. Given the distance of the project site from either the Blue River, along with the water quality BMPs that are proposed or will be imposed by the County and the State, project impacts on recreational fishing on the river would be minimal. As noted in the staff analysis, temporary EMF exposure levels for users of the Angler Mountain Trail would be less than significant. Visual impacts on users of the Angler Mountain Trail would be reduced to the extent feasible via the siting and design of the substation which utilizes grading of the substation into the existing hillside with the use of a single retaining wall to minimize the facility s footprint and retain a significant screen of mature, existing trees as well as an extensive landscaping plan and use of materials and colors that blend the facility into the surrounding area as much as possible.

4 11. The proposed substation is sited to take advantage of its proximity to both its power supply, the Dillon to Blue River Transmission line to the east, and its location abutting the Town of Silverthorne and surrounding neighborhoods which comprise its primary service area. The project will include BMPs to protect water quality and will be set into the existing hillside to reduce visual impacts. The project includes a substantial landscape plan to both further reduce visual impacts/screen the project from view and revegetate disturbed areas. Access to the site will utilize an existing private roadway that will be improved to allow for the transport of substation equipment to the site, thereby avoiding the need for new road construction and site disturbance in areas now in a natural condition. Therefore, the planning, design, and operation of the proposed project will reflect principals of resource conservation, energy efficiency and recycling and reuse. 12. The proposed project will not result in a significant degradation of the environment or sensitive environmental resources. The environmental review conducted for this project included, but was not limited to the following elements; air quality, visual quality, surface water quality, groundwater quality, wetlands and riparian areas, terrestrial and aquatic animal life, terrestrial and aquatic plant life, and soils and geologic conditions. Fugitive dust generation during construction would be minimized using standard dust control measures such as keeping the site wet, revegetating disturbed areas as soon as practicable, and keeping loads of exported fill tarped. Visual impacts from public viewing corridors would be reduced to the extent feasible through the siting and design of the facility that takes advantage of the existing forest and topography to blend it into the surrounding area, as well as minimization of the site footprint which allows for the retention of a substantial screen of existing mature trees, an extensive landscape plan, and the use of materials and colors such as galvanized steel that compliment the color and texture of the surrounding area. The facility would include two water quality ponds to prevent the introduction of urban pollutants into the runoff stream from the facility, and be subject to standard water quality BMPs to reduce the potential for the introduction of significant amounts of sediment into any surface water body. The project would also include containment basins for all equipment that uses fluids that could be accidently spilled to prevent both surface and groundwater pollution. Project impacts on terrestrial animal life would be reduced to less than significant levels through various mitigation measures such as requirements for conducting biological surveys prior to commencement of construction, restrictions on the timing of construction activities, restrictions on night-lighting, incorporation of raptor and avian nesting deterrents on all transmission line support arrays, and avoidance of avian nesting sites during nesting season. Project impacts to various plant communities and vegetation onsite would be reduced to less than significant levels through minimization of the project s footprint via use of the existing Angler Mountain Ranch Road for access and the utilization of a single-step retaining wall for the substation pad, revegetation of al disturbed surfaces with a native seed mix and use of existing top soil from the substation excavation, implementation of a substantial landscape plan, and the transplanting of native species such as Douglas fir in areas appropriate for such transplanting. Finally, geological hazards onsite are minimal and the potential for soil erosion due to project construction would be reduced to less than significant levels through implementation of various BMPs, either proposed by the applicant, required by the CDPHE under their SWMP, or required through the grading permit to be issued by the County. 13. The proposed project will not cause a nuisance as defined within the Summit County Land Use and Development Code or as otherwise defined by law. The substation would be locked and fenced to prevent public access into the facility. Signage warning the public of the nature of the facility (high voltage, etc) would be posted and maintained around the substation s perimeter at all times. There are no dilapidated structures onsite and all equipment buildings would be maintained in good condition by PS Co. Fugitive dust and construction noise from project construction would constitute a short-term nuisance for the surrounding area and users of the Angler Mountain Trail. To address such short-term construction impacts, PS Co would limit construction to daylight hours consistent

5 with limitations on construction currently imposed by the Town of Silverthorne, engage in dust suppression using water trucks to keep disturbed areas wet, and revegetate all disturbed areas with native plant species and top soil from the site. The substation and transmission line would not produce or cause any fumes, noticeable vibration, or odors and any noise produced by the transformers in the substations or by the transmission line would not exceed the State statutory levels. 14. The proposed project will not significantly degrade areas of paleontological, historic or archaeological importance. Paleontological resources in the vicinity of the project development area were evaluated in studies for the I-70 Mountain Corridor Programmatic Environmental Impact Statement (PEIS) (CDOT, 2011) and for the White River National Forest Oil and Gas Leasing Draft EIS (USFS, 2012) and neither of these studies reported significant fossil finds or specific sites of paleontological interest in the vicinity of the project development area. However, the Niobrara Formation has an unknown to moderate potential for fossils to occur and as such the project site is considered to have moderate sensitivity for paleontological resources. Therefore, the project would be subject to mitigation measures to reduce such potential impacts to less than significant levels. There are no existing structures, (historic or otherwise) on or near the project site that could possibly be impacted by project construction or operations. 15. The proposed project will not result in unreasonable risk of releases of hazardous materials as the substation would utilize spill prevention and response plans. The substation would utilize a lead-acid battery backup system located inside the electrical equipment enclosure (EEE) with built-in containment to contain any accidental release of fluid from the batteries. The electrical transformers contain mineral oil for lubrication which is non-toxic and does not pose a pollution hazard. The transformers to be installed at the proposed substation do not use polychlorinated biphyenals (PCBs). There would be no equipment, fuels, lubricants, chemicals, or waste storage on the site except on a temporary basis during maintenance or construction activities as part of fueling and operation of construction equipment and vehicles 16. The potential benefits of the proposed project to Summit County and its residents include: Safe and reliable electrical service to County businesses and residents; Local spending for construction materials and other goods and services; Increased property tax revenue to the County, and An improved electrical supply system better able to support continued economic growth. The potential losses include: o o Some ranch land loss would occur; and, Some mature vegetation would be removed. Given that the resulting loss of ranch land in the Lower Blue posed by the project is exceedingly minor, as is the loss of existing vegetation, and the loss of existing vegetation is readily mitigated for through the proposed landscape plan and biological resource mitigation measures, the benefits to Summit County to be realized from construction and operation of the proposed substation substantially outweigh the potential losses of the agricultural resources and existing vegetation within the project site. 17. The proposed project is the best alternative available based on consideration of need, existing technology, cost, impact and these regulations. The current site selection occurred under an alternative site study process that took six years to complete, four open-houses to obtain input from the public, and numerous meetings with County and Town of Silverthorne staff to identify suitable alternative sites for the project. Given this analysis, including evaluation of topography, slope stability, visibility from public view corridors, use of the area by raptors, elk, mule deer and other special status/sensitive

6 species, distance from the Dillon to Blue River Transmission Line and/or the service area in and around the Town of Silverthorne, potential effect on neighboring properties, and the availability of access to the site for construction, maintenance, and operational activity, the applicant has selected the proposed property as the preferred location for the substation an its supporting components, access road, and transmission line tap. 18. Areas around major facilities of a public utility shall be administered so as to minimize disruption of the service provided by the public utility. Outages to area residents and businesses would not occur during the construction of this facility and only minimal service disruptions are anticipated when the tap to the Dillon to Blue River Transmission Line is made. When constructed, the project would help improve the delivery of safe, reliable and economical electric service to area customers. The facility would be designed to account for potential hazards that may occur locally, and would be maintained properly. Security at the site would also be maintained per requirements from Federal and State agencies. 19. Areas around major facilities of a public utility shall be administered so as to preserve desirable existing community patterns. The substation would be located on land currently zoned for agricultural uses and given the size of the parcel to be purchased by PS Co, would have no affect on neighboring agricultural operations. As the proposed substation and transmission tap lines would be located east of and above the Town of Silverthorne on Ptarmigan Mountain, it would not significantly disrupt the community patterns that currently exist east of SH Where feasible, major facilities of a public utility shall be located so as to avoid direct conflict with adopted local comprehensive, State and regional master plans. As discussed under Finding #6 above, the project is considered consistent with all applicable policies of the Countywide Comprehensive Plan and Lower Blue Master Plan. Conditions: 1. The permittee shall secure all required permits from all federal, state and local agencies with permit authority over the project prior to commencement of project construction. The required permits include, but are not limited to the following: o o o US Forest Service Amended Special Use Permit CDPHE Water Quality Control Division - Storm Water Permit County Grading Permit In addition to these permits, the permittee shall demonstrate to the satisfaction of the County that they have the requisite legal authority, authorizations, and/or permissions to install the distribution lines necessary to connect the substation to consumers within the substation s service area, as well as all easements necessary for installation of all distribution lines across all affected private properties. 2. Prior to issuance of any County grading permit, the permittee shall demonstrate to the satisfaction of the County that they have the requisite legal authority, authorizations, easements, and/or permissions necessary to access the project site for construction and operations/maintenance purposes, including access across all affected private properties and/or rights-of-way of the Town of Silverthorne. 3. All construction activities shall be limited to the hours of 7:00 AM to 7:00 PM, Monday through Friday and shall be prohibited on State holidays (Memorial Day, 4th of July, Labor Day etc.) unless an emergency extension of these hours is approved by the Manager of Planning and the Town of Silverthorne is notified of such an extension within 24 hours prior to commencement of construction outside of the aforementioned hours and days. 4. Prior to commencement of construction, all construction personnel shall be instructed on the protection of ecological and possible cultural or paleontological resources per the conditions of this permit,

7 including the need to cease work if necessary to ensure compliance with said conditions of approval. All construction and maintenance activities shall be conducted in a manner that would minimize disturbance to vegetation. The project plans submitted for issuance of a County grading permit shall show the limits of grading for improvements to Angler Mountain Ranch Road, the substation and supporting improvements such as water quality ponds and parking, the limits of disturbance for construction of the tap line supporting poles, and protective fencing details to delineate these limits of disturbance in the field for review and approval by County staff. The approved protective fencing plan shall be installed by the permittee prior to commencement of project construction and maintained in good condition during all phases of project construction. All construction activities, including staging and stockpiling of all material (including topsoil generated during grading work), shall be restricted to the approved disturbance envelope(s). 5. All work areas shall be revegetated as soon as practical, using a County approved seed mixture. Revegetation of road cut and fill slopes shall include both a County approved seed mix and conifer tree seedlings. The permittee shall stockpile topsoil generated by project grading onsite where feasible for use in project landscaping and restoration of disturbed areas. All seed mixtures and mulch used for landscaping and/or revegetation of disturbed areas shall be certified noxious weed-free. The final landscape plan shall be submitted for County staff review and approval prior to the issuance of any County grading permit for the project. The final landscaping plan shall include a noxious weed removal and maintenance plan to be implemented by the permittee. In addition, the final landscape plan shall be revised to include Colorado Parks and Wildlife recommendations for removal and mulching of existing dead aspens within the limits of the future parcel comprising the substation site. The permittee shall submit two performance bonds acceptable to the County prior to grading permit issuance; one for 115% of the total cost of installation of all landscaping and revegetation of disturbed surfaces, and one for 115% of the total cost of maintenance of such landscaping and revegetated areas for a minimum period of two (2) years from the date landscaping and revegetation is deemed complete by County staff per the approved final landscape plan. 6. To prevent the introduction of noxious and/or invasive weeds to the site, all construction equipment brought onsite shall be thoroughly washed to remove accumulated soil material prior to mobilization to the site. 7. The final landscape plan shall include adequate provision for landscape irrigation as approved by the project landscape architect. The irrigation plan shall include the source of irrigation water, method of application, and frequency of irrigation based on seasonal requirements as determined by the project landscape architect. The permittee shall be responsible for implementing the approved irrigation plan and shall prepare a monthly report for compliance review by County staff documenting irrigation plan implementation during the irrigation season. The landscape installation bond shall include 115% of the cost of installation of all irrigation plan components described on the final approved landscaping plan. The two year landscape maintenance bond shall include the cost of seasonal irrigation for the two year maintenance period. 8. Motorized travel within sagebrush areas shall be limited to County and/or USFS approved access routes. Access routes to the transmission tap site and the sites of the intermediary and end tap line supporting poles shall be the minimum necessary to accommodate the equipment needed to install these poles and the tap line and shall be delineated on all plans submitted for issuance of a County grading permit. The permittee shall demonstrate to the satisfaction of the County Engineer that legal access to the project site for the purposes of construction, maintenance, and operations has been obtained from the Town of Silverthorne and the owner of the intervening property. 9. Construction activities may be prohibited in sensitive wildlife habitat during seasonal restrictions. Vegetation clearing shall comply with the Migratory Bird Treaty Act and shall occur during the non-

8 nesting season (between August 31 st and February 15 th ) unless nesting raptor and bird surveys are conducted by a County and USFS approved biologist immediately prior to commencement of construction (i.e. within two (2) weeks) and said surveys show that no nesting activity within any disturbance envelope, or in the case or raptor nests, within ⅓ mile of planned construction activities, has occurred. If avian nesting is already occurring within any disturbance envelope, or any active raptor nest within ⅓ mile of construction activities, construction shall be placed on hold until the affected nests have fledged, as determined by the County and USFS approved project biologist. 10. United States Fish and Wildlife Service (USF&WS) adopted Avian Protection Plan Guidelines (2005) established by the Avian Power Line Interaction Committee (APLIC) and the USF&WS, or comparable standards, shall be incorporated into all construction plans where necessary to preclude avian electrocutions, minimize collision risks, and prevent project facilities from being used as roosting sites for raptors. The County and USFS approved project biologist shall sign-off on all plans submitted for a County grading permit that said precautions have been incorporated into the facility s design per APLIC and USF&WS or comparable standards. 11. To prevent impacts to large mammals using the area (e.g. elk and mule deer), all construction activities are prohibited during the period from December 1 st to April 15 th. In addition, the existing large wire mesh fencing along the property boundary immediately north of the project site shall be removed prior to issuance of any County grading permit for the project. To prevent entrance into the substation by small mammals or other burrowing animals, the perimeter fencing around the substation shall extended one (1) foot below grade with small mesh chicken wire mesh added from the bottom of the fencing to a height two (2) feet above grade. To ensure that the proposed water quality ponds do not attract large or small mammals or other wildlife, chain-link facility perimeter fencing without barbed wire shall be extended to enclose these improvements as well. Completion of such fencing requirements shall be verified by the project biologist and County staff prior to final inspection and County sign-off on the grading permit. 12. Hazardous materials shall not be drained onto the ground or into any drainage-way that could connect to any surface water body or groundwater recharge area. Totally enclosed containment shall be provided for all trash and construction debris. All construction waste including trash/litter, garbage, other solid waste, petroleum products, and potentially hazardous materials shall be removed to a disposal facility authorized to accept such material on an as need basis but not to exceed a period of one (1) week between such removal activities. 13. Construction activities shall be performed by methods that prevent entrance or accidental spillage of solid matter, contaminants, debris, and other objectionable pollutants and wastes into flowing streams or dry water courses, lakes, wetlands, and underground water sources. Waste water from construction operations shall not enter streams, water courses or other surface waters without use of turbidity control methods. Any such waste water shall be essentially free of settleable material. Settleable material is any material that would settle from the water by gravity during a 1-hour quiescent period. Wash-out facilities that contain all waste water (e.g. clean-up of concrete equipment, wash out of paint, etc) per this condition shall be specified on project plans for review and approval by County staff. All approved wash-out facilities shall be used and maintained by the permittee in good working order during all phases of project construction. 14. The permittee shall be in compliance with all elements of their CDPHE-WQCD approved SWMP and the water quality/erosion control requirements/bmps of the County issued grading permit at all times during project construction. 15. As soon as feasible, the permittee shall complete all drainage improvements per the approved final grading/drainage plan, including water quality ponds, armored discharge systems, and drainage swales, as determined by sign-off from the project engineer and inspection by the County Engineer. The

9 permittee shall be responsible for maintenance and repair of all drainage and water quality improvements for the life of the project. 16. The permittee shall be responsible for preventing fugitive dust from leaving the project site during all phases of project construction. The permittee shall be responsible for implementing all fugitive dust control measures of the CDPHE-WQCD s SWMP and the County grading permit, including but not limited to, keeping the construction site wet enough to prevent dust generation and having all vehicles carrying excess fill from the site tarped from the point or original to their final destination. The permittee shall establish a project dust monitor capable of implementing dust mitigation measures as needed on a 24/7 basis during all phases of project construction and shall provide the County with the phone number and other relevant contact information of the appointed dust monitor. CDPHE-APCD and County staff shall respond to dust complaints to ensure compliance with this requirement. 17. The permittee shall utilize all practicable methods and devices as are reasonably available to control, prevent, and otherwise minimize atmospheric emissions or discharges of air contaminants from project construction equipment. The CDPHE-APCD is responsible for conducting site inspections to ensure compliance with State requirements. 18. A galvanized, dulled metal finish shall be used on all tap line supporting poles and substation fencing to provide a non-reflective surface that blends to the extent feasible with the vegetative and forest background of the project site. Non-specular conductors and non-reflective insulators shall be used to reduce visual contrast for the transmission tap line. The color of all equipment buildings shall be muted and blend with the natural surroundings. The color and texture of the retaining walls for the substation shall be a muted buff color using a scratched or sculpted surface. 19. The proposed retaining walls for that portion of the access road within the County s jurisdiction shall be consistent with the final approved road improvements plan and utilize either Siloam stone walls or cast concrete block walls utilizing a muted brown or buff color to blend the walls with their background environment. All retaining walls shall be designed by a Colorado licensed professional engineer and submitted to the County Engineer for review and approval prior to the issuance of a grading permit for the project. 20. Project lighting for the equipment structures shall be consistent with the County approved lighting plan, fully shielded, oriented toward the ground, and the minimum necessary for security purposes. The emergency floodlights for the substation shall not be on a timer and shall be used only for nighttime emergency repairs or for emergency repairs during daylight hours when visibility is severely restricted (i.e. during heavy snowstorms). Compliance with the approved lighting plan shall be verified by County staff prior to final inspection for the grading permit. 21. All activities associated with the construction of the proposed substation shall take place within the authorized limits of the transmission tap line ROW and access routes. Equipment access outside of the authorized routes shall be prohibited. Slash in areas being cleared in the transmission tap line ROW shall be retained to protect soils, retain moisture and provide micro-sites for establishing forbs, grasses and shrubs and to protect wildlife habitat. 22. If paleontological resources/fossils are encountered during project excavation/grading, construction activities within the vicinity of such uncovered resources shall be temporarily halted until a certified paleontologist/archaeologist has been given a reasonable opportunity to collect all such paleontological/fossil resources for cataloging and storage at an appropriate scientific facility. Mr. Resseguie s motion included a recommendation to the BOCC that; a) the applicant prepare and present additional information on materials and colors to be used for the substation as well as further visual analyses such as a 3-D model or other suitable visual simulations, and b) the BOCC consider any changes to

10 Conditions 9 and 11 as recommended by Colorado Parks and Wildlife and US Forest Service staff that may give the permittee more flexibility regarding wildlife impact mitigation seasonal restrictions on construction of the project. Commissioner LeCoq seconded the motion which was approved unanimously on a vote of 7 0. Alternate Commissioners Longhill and Wray abstained from voting due to the presence of a full Commission. PLN Public Service Company (PS Co) Ptarmigan Substation Conditional Use Permit (CUP) Conditional Use Permit (CUP) for construction of: 1) A new electrical power substation with the necessary equipment to reduce transmission voltage from 230 kv to service distribution levels (25 kv) to serve the Town of Silverthorne and surrounding area (load center defined as the I-70/SH 9 interchange); 2) 2,148 lineal feet of double circuit 230 kv transmission line (1,506 lineal feet on private property and 642 lineal feet on USFS land) supported by three separate steel support structure arrays to connect the substation to the existing Dillon to Blue River 230 kv transmission line; 3) 2,100 lineal feet of road improvements to the Angler Mountain Ranch Road to provide for adequate construction, maintenance, and operations access, as well as access to the Town of Silverthorne s Angler Mountain Ranch Water Tank; and, 4) Associated landscaping, water quality, and drainage improvements on approximately 3.5 acres of a 71 acre parcel zoned A-1 and legally described as New PT, T2, 3, and 4, Daly Ranch Amended, generally located at 3426 Hamilton Creek Road MOTION: Commissioner Scott moved to approve Planning Case with the following findings and conditions: Findings: 1. The proposal is in general conformance with the goals, policies/actions and provisions of the Summit County Countywide Comprehensive Plan and the Lower Blue Master Plan. In particular, the project is consistent with the following goals and policies of each of those plans: CWCP Community & Public Facilities Element goals and policies regarding provision Adequate infrastructure to serve new and existing development; Land Use Element goals and policies regarding the availability of infrastructure and public services; Environmental Element goals and policies regarding the protection and avoidance of sensitive environmental resources; Design & Visual Resources Element goals and policies regarding protection of visually sensitive resources and mitigation of visual and aesthetic impacts posed by the project; Recreation & Trails Element goals and policies regarding protection of recreational resources; and, Economic Sustainability Element goals and policies regarding the provision of a safe and reliable electrical power supply to this portion of the County to support a health and sustainable economy. LBMP Goal H policies regarding protection of environmentally sensitive resources; Goal K policies regarding the provision of adequate infrastructure and services; and,

11 Goal L policies regarding protection of the rural character and visual quality of the Lower Blue Basin. 2. The proposed conditional use is in compliance with the County s Zoning Regulations with regards to such items as the location and height of buildings, setbacks, parking, performance standards for major utility facilities, landscaping, and avoidance of environmental constraints and protection of sensitive environmental resources to insure compatibility of land uses. 3. The use is in harmony and compatible with surrounding land uses and will not create a substantial adverse impact on adjacent properties or on services and infrastructure. The project site is currently surrounded by undeveloped A-1 zoned land, and lies well to the south and significantly elevated above future residential development within the Angler Mountain Ranch subdivision. 4. Adequate services and infrastructure are available to serve the substation expansion. Adequate access for all construction, maintenance, operations and emergency repairs would be provided through proposed improvements to the existing Angler Mountain Ranch Road. No sewer service is necessary and the only needed water service would involve irrigation water that the applicant would be required to obtain prior to issuance of any County grading permit to allow construction to commence. Conditions: 1. The subject conditional use permit (CUP) shall not be effectuated until the associated 1041 permit for the Ptarmigan Substation has been approved by the Board of County Commissioners. 2. The permittee shall be responsible for the long-term maintenance of the landscape plan for the life of the project. The permittee shall be responsible for noxious weed removal and maintenance for the life of the project. 3. The emergency floodlights for the substation shall not be on a timer and shall be used only for nighttime emergency repairs or for emergency repairs during daylight hours when visibility is severely restricted (i.e. during heavy snowstorms). 4. All activities associated with the operation and maintenance of the proposed substation shall take place within the authorized limits of the transmission tap line ROW and access routes within the project site as established per the approved project plans. Equipment access outside of the authorized routes shall be prohibited. Slash in areas being cleared within the transmission tap line ROW shall be retained to protect soils, retain moisture, and provide micro-sites for establishing forbs, grasses and shrubs and to protect wildlife habitat. Commissioner Resseguie seconded the motion which passed on a unanimous vote of 7-0. Alternate Commissioners Longhill and Wray abstained from voting due to the presence of a full Commission. DISCUSSION: There were no discussion items. ADJOURNMENT The meeting was adjourned at 8:24 p.m. Respectfully submitted, Alan Hanson, Senior Planner