HomeMy WebLinkAbout20121504.tiff •
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r ' LAND USE APPLICATION
LA I P ` SUMMARY SHEET
cP.
Number: USR12-0009 Hearing Date: May 15, 2012
Applicant: Tri-State Generation &Transmission Association, c/o Laurie Spears
Address: 1100 West 116'"Avenue, Westminster, CO 80234
Request: A Site Specific Development Plan and Use By Special Review Permit for a Major
Facility of a Public Utility (Two miles of single circuit 115-Kilovolt (kV) electric
transmission line, to connect into the LaSalle gas plant [USR-1792] substation
facility, and one (1) switching station at point of interconnection from the Western
Area Power Administration [WAPA]Transmission Line) in the A(Agricultural)zone
district
Legal Description: The preferred route commences In Section 30 [Western Switching Station]
crosses Section 30 and 31 T5N R64W and terminates at the LaSalle Gas Plant
• [USR-1792]
Location: South of County Road 54 in an easement West of County Road 51 to a property
located in the Northwest Quarter of County Roads 50 and 51
Size of Parcel: 24 acres +/-
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 21-3-340 of the Weld County Code.
The Department of Planning Services' has received responses from the following agencies with comments:
Weld County Department of Public Health and Environment referral dated March 10, 2012
Weld County Department of Building Inspection referral dated March 30, 2012
Weld County Department of Public Works referral dated March 11, 2012
US Army Corps of Engineers referral dated March 14, 2012
Federal Aviation Administration referral dated March 14, 2012
The Department of Planning Services' has received responses from the following agencies without
comments:
Town of Kersey referral dated March 5, 2012
Platte Valley Fire Protection District referral dated March 19, 2012
• USR12-0009 TRI-STATE GENERATION&TRANSMISSION ASSOCIATION, PAGE 1
2012-1504
The Department of Planning Services' staff has not received responses from the following agencies:
• ➢ State of Colorado Department of Public Health and Environment
➢ Federal Communications Commission
➢ State of Colorado Historical Society
➢ Greeley-Weld County Airport Authority
➢ Weld County Sheriffs Office
➢ Weld County Code Compliance
➢ Weld County Office of Emergency Management
➢ State of Colorado, Division of Parks and Wildlife
➢ Noble Energy, Inc.
•
•
USR12-0009 TRI-STATE GENERATION&TRANSMISSION ASSOCIATION PAGE 2
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, SPECIAL REVIEW PERMIT
7A Vj' ,' I ADMINISTRATIVE REVIEW
2-G O
Planner: Kim Ogle
Case Number: USR12-0009 Hearing Date: May 15, 2012
Applicant: Tri-State Generation &Transmission Association, c/o Laurie Spears
Address: 1100 West 116th Avenue, Westminster, CO 80234
Request: A Site Specific Development Plan and Use By Special Review Permit for a Major
Facility of a Public Utility (Two miles of single circuit 115-Kilovolt (kV) electric
transmission line, to connect into the LaSalle gas plant [USR-1792] substation
facility, and one (1) switching station at point of interconnection from the Western
Area Power Administration [WAPA]Transmission Line) in the A(Agricultural)zone
district
Legal Description: The preferred route commences In Section 30 [Western Switching Station]
crosses Section 30 and 31 T5N R64W and terminates at the LaSalle Gas Plant
[USR-1792]
• Location: South of County Road 54 in an easement West of County Road 51 to a property
located in the NW Quarter of County Roads 50 and 51
Size of Parcel: 24 acres +/-
Parcel Number: 0963-30-1-00-050, 0963-31-1-00-042, 0963-31-2-00-044, 0963-31-1-00-043,
0963-31-4-00-011
Project Description: The applicant, Tri-State Generation and Transmission Association [Tri-State] is
proposing to build a new 115-kilovolt (kV) transmission line to serve DCP
Midstream, LP's [DCP's] new gas processing plant, the LaSalle Natural Gas
Processing Facility at the new South Kersey Substation. The 115-kV transmission
line will provide the necessary power to operate the gas plant, which will be
powered electrically. The line will ultimately transmit electrical power from Western
Area Power Administration's (Western's) Kersey West Switching Station (located
at the corner of County Roads 54 and 51) to Tri-State's South Kersey Substation,
located at the La Salle Gas Processing Facility (located west of County Road 51
and 1/4 mile north of County Road 50). Until Western can complete the Kersey
West Switching Station, a temporary tap will be built to connect the Project to the
Kersey-Rosedale 115-kV Transmission line, owned and operated by Western. The
temporary tap would consist of a transmission structure with jumpers installed on
the South side of County Road 54. The temporary tap will only be needed for
approximately 7 months until the Switching Station is completed. At that time, the
temporary structure will be removed and the new transmission line will be
connected to the switching station. The new transmission line will be single pole
construction using steel structures.
•
USR12-0009 TRI-STATE GENERATION&TRANSMISSION ASSOCIATION PAGE 3
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
•
APPROVED FOR THE FOLLOWING REASONS:
The submitted materials are in compliance with the application requirements of Chapter 21 of the
Weld County Code
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 21-3-340. A of the Weld County Code, as follows:
Section 21-3-340.A.1— The health, welfare and safety of the citizens of the County will be protected
and served. All Tri-State electric facilities are designed, constructed, operated, and maintained to
meet or exceed all applicable standards of design and performance set forth in the National
Electrical Safety Code (NESC 2012). Health and safety concerns associated with the Project,
therefore, would be limited largely to electromagnetic fields (EMF) from the transmission line. For
the purposes of this study, EMF was modeled as a function of predicted magnetic field levels,
based on typical and peak loads, from the proposed transmission line. The Design Standards
(Section 23-2-240), Operation Standards (Section 23-2-250), Conditions of Approval, and
Development Standards ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County
Section 21-3-340.A.2-The natural and socio-economic environment of the County will be protected
and enhanced. As outlined in the application, the transmission line will cross existing pasture
land. A total disturbance area of only 0.07 acres (around the 5-6 transmission line poles) would
result from this proposal.
Section 21-3-340.A.3--All reasonable alternatives to the proposed action, including use of existing
rights-of-way and joint use of rights-of-way wherever uses are compatible, have been adequately
• assessed and the proposed action is compatible with and represents the best interests of the
people of the County and represents a fair and reasonable utilization of resources in the impact
area. The applicant has reviewed two electrical system alternatives were evaluated to address the
need of the Project.
Alternative 1: No Action
Taking no action would result in no power delivery to the South Kersey Substation and
the LaSalle Gas Processing Facility. Without electricity, the processing facility would
have to be supplied with natural gas. The No Action Alternative does not meet the need
of the Project.
Alternative 2: Construct a transmission line connection from the Kersey West Switching
Station to the South Kersey Substation. Alternative 2 would involve the construction
of approximately two (2) miles of 115-kV transmission line between the Kersey West
Switching Station and the South Kersey Substation, located at the La Salle Gas
Processing Facility. A temporary tap would be required at WAPA's Kersey-Rosedale
115-kV transmission line until the Kersey West Switching Station can be constructed
by WAPA. Alternative 2 would provide the necessary power to operate the new gas
processing facility within the required timeframe, as requested by DCP.
Preferred System Alternative
The preferred system alternative is Alternative 2. Alternative 2 meets the Projects purpose
and need and provides a cost-effective, secure, and reliable source of power for the LaSalle
Gas Processing Facility [USR-1792].
Based on this evaluation, three (3) routes were determined to be feasible based on the analysis. In
addition, three(3)switching station locations were examined for the Kersey West Switching Station
• (to be constructed by WAPA). A transmission line route alternative was associated with each one of
these switching station locations.
USR12-0009 TRI-STATE GENERATION&TRANSMISSION ASSOCIATION PAGE 4
• Alternative A:
Alternative A is the preferred transmission line route alternative. The Kersey West Switching
Station would be located at the southwest corner of the intersection of County Roads 54 and
51. The transmission line would then exit the Kersey West Switching Station and proceed
south along the west side of County Road 51 before turning west into the South Kersey
Substation. Alternative A was selected as the preferred alternative after land use, natural
resources, and public input were taken into account. Alternative A is the most direct route to
deliver power to the Kersey West Substation and impacts the fewest number of landowners.
Access is superior as the entire route is adjacent to an existing county road. It also does not
impact wetland areas or any sensitive resources.
Alternative B:
In Alternative B, the Kersey West Switching Station would be located at the southeast corner
of County Roads 54 and 49. The transmission line would run south along the east side of
County Road 49 and then proceed east into the South Kersey Substation. Alternative B
impacted the greatest number of residences (10) and was further constrained by the
presence of four oil and gas wells along the route. It was also the longest alternative with 2.8
miles of transmission line. Based on discussions with the new dairy farm owner, the
proposed plan is to locate the cows on the western side of the property making Alternative B
unfavorable to the new landowner.
Alternative C:
Alternative C is located 1/2 mile east of Alternative A. The transmission line would proceed
south along west side of the half-section line of Section 20. The line would then head west to
the west side of County Road 51 and south into the South Kersey Substation. Alternative C
impacted the greatest number of parcels out of the three alternatives. It was also constrained
• by the presence of wetlands and ponds along the northern portion of the route. Alternative C
also was longer than the preferred alternative, with 2.5 miles of transmission line. Alternative
C presented the most access problems, with less than half of the line accessible by county
road.
Section 21-3-340.A.4--A satisfactory program to mitigate and minimize adverse impacts has been
presented. The length of the transmission line will be two (2) miles. It will connect the existing
WAPA line and new switching station to a proposed 115kV transmission line connecting into the
LaSalle Gas Plant. The proposed location of the transmission line is the shortest distance
between the WAPA Line interconnect and the LaSalle Gas Plant.
Section 21-3-340.A.5--The nature and location or expansion of the facility complies with all
applicable provisions of the master plan of this County, and other applicable regional, metropolitan,
state and national plans. The Transmission line alignment and associated switching and
substations are within the three mile referral area for the Town of Kersey who indicated in the
referral dated March 5, 2012, no conflict with their interests.
Section 22-6-20.A.4 ECON.Policy 1.4. from the Weld County Comprehensive Plan states: "Invest
in the public infrastructure required to retain existing businesses and to readily support the needs of
future industrial and commercial developments." The proposed power line and associated
infrastructure will provide a consistent and reliable level of service to the LaSalle Gas Plant and
new South Kersey Substation.
Section 21-3-340.A.6 --The nature and location or expansion of the facility does not unduly or
unreasonably impact existing community services. The nature and location of the facility will not
unduly or unreasonably impact existing community services. The transmission line connection will
not generate long-term impacts on area school districts and other community services.
•
USR12-0009 TRI-STATE GENERATION&TRANSMISSION ASSOCIATION PAGE 5
Section 21-3-340.A.7--The nature and location or expansion of the facility will not create an
• expansion of the demand for government services beyond the reasonable capacity of the
community or region to provide such services, as determined by the Board of County
Commissioners. The proposed transmission line will allow cost effective service to the DCP
Midstream LaSalle Gas Plant [USR-1792] already approved by the county.
Section 21-3-340.A.8-- The facility site or expansion area is not in an area with general
meteorological and climatological conditions which would unreasonably interfere with or obstruct
normal operations and maintenance. The proposed Tri-State transmission line taps into an existing
Western Area Power Administration transmission line through a new WAPA switching station and
links this new switching station with a an approximate two(2) mile transmission line into the on-site
substation for the DCP Midstream's LaSalle Gas Plant.
Section 21-3-340.A.9--The nature and location of the facility or expansion will not adversely affect
the water rights of any upstream, downstream or agricultural users, adjacent communities or other
water users. The application states that the project will not impact hydrologic flow of either surface
of either surface water or groundwater, nor will it affect groundwater recharge. Existing drainage
patterns will be preserved.
Section 21-3-340.A.10--Adequate water supplies are available for facility needs. The proposed
facility will function as an unmanned site and does not currently or have future water service or
sanitation needs. During construction, as required by the Development Standards, bottled water
will be provided for drinking and hand washing purposes, toilet facilities(port—a—potties)will also be
provided.
Section 21-3-340.A.11— The nature and location of the facility or expansion will not unduly interfere
with existing easements, rights-of-way, other utilities, canals, mineral claims or roads. Right-of-way
• agreements include 100-foot easements purchased from landowners along the transmission
alignment. Only a small portion of the transmission line right-of-way would be disturbed for
structure installation and vehicle access. No new roads are needed to gain access to sites where
the poles would be erected The facility will be placed in a location that avoids existing gas pipeline
rights-of-way.
Section 21-3-340.A.12--Adequate electric, gas, telephone, water, sewage and other utilities exist or
shall be developed to service the site. This is an unmanned facility. Permanent electric, gas,
telephone, water and/or sewage will not be required for this transmission line.
Section 21-3-340.A.13-The nature and location for expansion of the facility will not unduly interfere
with any significant wildlife habitat or adversely affect any endangered wildlife species, unique
natural resource or historic landmark within the impact area. No referral comments were received
from the Division of Parks and Wildlife. The United States Fish & Wildlife Service list of federally
threatened or endangered species includes six wildlife species and two plant species in Weld
County:
Group 1) The Mexican Spotted Owl, Least Tern and Piping Plover-Given the lack of water and the
intense agricultural land use, these two species are not expected to occur in the Project
area,
Group 2) Whooping Crane - No impacts to whooping cranes are anticipated for this Project.
Group 3) Black-footed ferret - No black-tailed prairie dog colonies were located near the Project
area. Prairie dog colonies were not observed in the vicinity of the Project site during
surveys; therefore, the black-footed ferret would not be impacted by the Project.
Group 4) Preble's meadow jumping mouse -There is no suitable habitat or designated critical
habitat for Preble's meadow jumping mouse in or near the Project site, therefore, no
impacts to the species are expected.
• Group 5) Colorado butterfly plant, and Ute ladies'-tresses orchid - The Project site does not
support suitable habitat, therefore, the Project would not impact these species.
USR12-0009 TRI-STATE GENERATION&TRANSMISSION ASSOCIATION PAGE 6
• In addition to federally listed species, state-listed species that could occur in or near the
Project area includes the Western Burrowing Owl and Plains Sharp-tailed Grouse. Prairie dog
colonies were not observed in the vicinity of the Project site; therefore, the western burrowing owl is
not expected to be impacted by the Project.The Plains Sharp-tailed Grouse is listed as endangered
in Colorado. The bird formerly nested over much of the northern two-thirds of the eastern prairie,
but the present population consists of only a few hundred birds in Douglas County (CPAW 2010).
Tri-State would continue to coordinate with CPW to develop appropriate mitigation measures that
are compatible with Project goals and that would minimize impacts to wildlife along the
transmission line.
Section 21-3-340.A.14 — The nature and location or expansion of the facility, including expected
growth and development related to the operation and provision of service, will not significantly
deteriorate water or air quality in the impact area. The proposed project will have no long term
impact on water or air quality. During construction, some fugitive dust may be generated as well
as carbon monoxide from construction vehicles. The applicant has indicated any air quality impacts
can be minimized through dust suppression and regular vehicle maintenance. The applicant
indicates that they will monitor dust levels and erosion levels prior to establishment of vegetation in
the disturbed areas and take appropriate measures to control dust and erosion if necessary.
The proposed project will not generate runoff in excess of historic levels and will not modify existing
topography and drainage on the site.
Section 21-3-340.A.15 — The geological and topographic features of the site are adequate for all
construction, clearing, grading, drainage, vegetation and other needs of the facility construction or
expansion. Tri-State performed a Class I archaeological database search of the Project area.
Thirteen previously recorded sites were found in the Project area. All of the sites are north of the
preferred alternative and would not be impacted by the Project. The proposed transmission will be
• located adjacent to County Road 51 rights-of-way whenever possible. The transmission line will not
modify the existing topographic features of the site.
Section 21-3-340.A.16— The existing water quality of affected state waters will not be degraded
below state and federal standards or established baseline levels. There would be no direct impacts
to water quality associated with regular operation or maintenance of the transmission line. The
Project would not create runoff in excess of historic levels and would not change existing
topography or adversely affect drainage. There would be no alteration in the pattern or intensity of
surface drainage as a result of construction or operation of the transmission line. The existing water
quality of affected state waters will not be degraded below state and federal standards or
established baseline levels by the project.
Section 21-3-340.A.17— The proposed project will not have a significantly adverse net effect on the
capacities or functioning of streams, lakes and reservoirs in the impact area, nor on the
permeability, volume, recharge capability and depth of aquifers in the impact area. The proposed
transmission line will not modify existing drainage on-site, nor will it modify subsurface aquifers in
the area.
Section 21-3-340.A.18 — The benefits of the proposed developments outweigh the losses of any
natural resources or reduction of productivity of agricultural lands as a result of the proposed
development. The transmission line will cross a new dairy and land associated with this business,
and irrigated and non-irrigated farmlands. The area of disturbance is a one hundred foot wide
construction easement running the length of the new transmission line, which calculates to be
approximately twenty-four (24) acres (around the 22-25 transmission line poles on a spacing of
450-650 feet on center) would result from this proposal.
Section 21-3-340.A.19— The applicant has obtained or will obtain all property rights, permits and
• approvals necessary for the proposed project, including surface, mineral and water rights and
easements for drainage, disposal, utilities, access, etc. If the applicant has not obtained all
USR12-0009 TRI-STATE GENERATION&TRANSMISSION ASSOCIATION PAGE 7
necessary property rights, permits and approvals, the Board may, at its discretion, grant the permit
• conditioned upon completion of the acquisition of such rights prior to issuance of a zoning or
building permit by the County. The applicant has procured a 100-foot wide transmission line
easement from all owners of property that the transmission line will cross.
Section 21-3-34O.A.2O — The proposed project (nonlinear facilities) will not present an
unreasonable risk of exposure to or release of toxic or hazardous substances within the impact
area. The determination of effects of the project shall include the following considerations:
1. The means by which outdoor storage facilities for fuel, raw materials, equipment and
related items are adequately enclosed by a fence or wall.
2. The likelihood of hazardous materials or wastes being moved off the site by natural causes
or forces.
3. Containment of inflammable or explosive liquids, solids or gases.
The proposed project will not present an unreasonable risk of exposure to or release of toxic or
hazardous substances within the impact area.
Section 21-3-34O.A.21 — The scope and nature of the proposed project will not unnecessarily
duplicate existing services within the County. The scope and nature of the proposed project will not
unnecessarily duplicate existing services within the county. The proposed transmission line will
provide the ability for Tri-State to deliver power to its member cooperatives and improve service to
the South Kersey substation and to new industrial developments in the county and neighboring
municipalities.
• Section 21-3-34O.A.22—If the purpose and need for the proposed project are to meet the needs of
an increasing population within the County, the area and community development plans and
population trends demonstrate clearly a need for such development. The project will provide
reliable service to the LaSalle Gas Plant and future industrial developments in Weld County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
A. Prior to recording the plat:
1. The applicant shall submit written evidence from the applicant indicating all requirements
and agreements between the surface developer and the mineral owners and/or lessees
have been completed shall be submitted or evidence that an adequate attempt has been
made to mitigate their concerns. (Department of Planning Services)
2. The applicant shall submit written evidence from representatives for the Western Area
Power Administration indicating their intention and timeline to submit a Subdivision
Exemption land use permit a switching station on lands owned by Highland Properties
1411, LLC (Department of Planning Services)
3. The applicant shall submit written evidence of compliance with the Federal Aviation
Administration (FM) referral dated March 14, 2012, specific to the submittal of FAA Form
7460-1, Notice of Proposed Construction or Alteration. If any portion of the proposal is
located within 20,000 feet of a public use runway (and breaks a 100:1 plane coming off the
nearest point of the nearest runway); or, is more than 200 feet above ground level at any
• location, the FAA requires the project's proponent to file a Form 7460-1. (FAA)
USR12-0009 TRI-STATE GENERATION 8 TRANSMISSION ASSOCIATION PAGE 8
• 4. The applicant shall submit written evidence of compliance with Army Corps of Engineers
referral dated March 14, 2012. (Army Corps of Engineers)
B. The Plat shall be amended to delineate the following:
1. All sheets shall be prepared in accordance with Section 21-3-330.6.3 & B.4 of the Weld
County Code. (Department of Planning Services)
2. All sheets shall be labeled USR12-0009. (Department of Planning Services)
3. The Development Standards associated with this application. (Department of Planning
Services)
4. County Roads 54 and 51 are designated on the Weld County Road Classification Plan as
local gravel roads, which require 60 feet of right-of-way at full build out. The applicant shall
verify the existing right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. All setbacks shall be measured from the edge of
future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. These
roads are maintained by Weld County. (Department of Public Works)
5. The location of the permanent Transmission Line easement. (Department of Planning
Services)
6. The final location of the Subdivision Exemption area for the Western Area Power
Administration [Western] Switching Station. (Department of Planning Services)
• C. One month prior to construction activities:
1. Contact the Public Works Utility Coordinator for a Right-of-Way permit for any work that
may be required in the County Right-of-Way. (Department of Public Works)
2. An Access Permit is required for any new accesses to the County roadways. (Department
of Public Works)
3. If more than 1 acre is to be disturbed, a grading permit will be required prior to the start of
construction. The grading permit application must contain: an erosion and sediment
control plan, a grading plan, installation details of all BMPs to be utilized, typical installation
and maintenance notes for all BMPs to be utilized, and a copy of the approved CDPHE
stormwater permit. (Department of Public Works)
4. The applicant shall submit evidence of an Air Pollution Emission Notice(APEN)application
from the Air Pollution Control Division, Colorado Department of Health and Environment.
Alternately, the applicant can provide evidence from the APCD that they are not subject to
these requirements. (Department of Public Health and Environment)
5. A special transport permit will be required for any oversized or overweight vehicles that
may access the site during construction. (Department of Public Works)
6. In the event that 1 or more acres are disturbed during the construction and development of
this site, the applicant shall obtain a stormwater discharge permit from the Water Quality
Control Division of the Colorado Department of Public Health and Environment.
(Department of Public Works)
•
USR12-0009 TRI-STATE GENERATION&TRANSMISSION ASSOCIATION PAGE 9
D. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld
• County Department of Planning Services. (Department of Planning Services)
E. Upon completion of A. through D. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of
the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date
of the Planning Commissioners resolution. The applicant shall be responsible for paying the
recording fee. (Department of Planning Services)
F. The attached Development Standards for the Special Review Permit shall be adopted and placed
on the Special Review Plat prior to recording the plat. The completed plat shall be delivered to the
Department of Planning Services and be ready for recording in the Weld County Clerk and
Recorder's Office within one hundred twenty (120) days of approval by the Planning Commission.
(Department of Planning Services)
G. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty (60) days from the date the application was signed a
$50.00 recording continuance charge may be added for each additional 3 month period.
H. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This
digital file may be sent to dhuerter(aco.weld.co.us. (Department of Planning Services)
• I. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
•
USR12-0009 TRI-STATE GENERATION&TRANSMISSION ASSOCIATION PAGE 10
SITE SPECIFIC DEVELOPMENT PLAN
• SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Tri-State Generation & Transmission Association
USR12-0009
1. A Site Specific Development Plan and Use By Special Review Permit for a Major Facility of a Public
Utility (Two miles of single circuit 115-Kilovolt (kV) electric transmission line, to connect into the
LaSalle gas plant [USR-1792] substation facility, and one (1) switching station at point of
interconnection from the Western Area Power Administration [Western]Transmission Line) in the A
(Agricultural) zone district, as indicated in the application materials on file in the Department of
Planning Services and subject to the Development Standards stated hereon. (Department of
Planning)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and
Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
•
fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
(Department of Public Health and Environment)
6. Fugitive dust and fugitive particulate emissions shall be controlled along the construction route.
(Department of Public Health and Environment)
7. Adequate toilet facilities (portable toilets) and hand washing units shall be provided during
construction of the project. (Department of Public Health and Environment)
8. Bottled water shall be utilized for drinking during construction of the project. (Department of Public
Health and Environment)
9. Environmental Protection Measures for Construction Projects, as identified in Appendix B of the
application, shall be adhered to. (Department of Public Health and Environment)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
11. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department of
Public Health and Environment)
12. Should noxious weeds exist on the property or become established as a result of the proposed
development the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works)
•
USR12-0009 TRI-STATE GENERATION&TRANSMISSION ASSOCIATION PAGE 11
13. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it
• will reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions, concentration and/or
unplanned ponding of storm run-off. (Department of Public Works)
14. The applicant is required to comply with all Colorado Department of Health and Environment,
Water Quality Control Division regulations regarding storm water quality permitting and protection
and construction storm water discharges. (Department of Public Works)
15. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Weld County Road Impact Program.(Ordinance 2011-2) (Department of
Planning Services)
16. Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere to
the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)
(Department of Planning Services)
17. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
18. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
19. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code,
20. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
•
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department
of Planning Services)
21. The Special Review area shall be limited to the plans shown herein and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services. (Department of Planning Services)
22. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may
be reason for revocation of the Permit by the Board of County Commissioners. (Department of
Planning Services)
23. Weld County's Right to Farm statement as delineated on this plat shall be recognized at all times.
(Department of Planning Services)
•
USR12-0009 TRI-STATE GENERATION&TRANSMISSION ASSOCIATION PAGE 12
1 861 -201 1 MEMORANDUM
LE. o N N r v To: Planning Commission
From: Kim Ogle, Planning Services
Subject: Amendment to the Administrative Review Comment
USR12-0009, Tri-State Generation and Transmission
Date: May 15, 2012
Staff is proposing one minor amendment to the Staff report, specifically Section 21-3-340.A.11
Old language:
Section 21-3-340.A.11— The nature and location of the facility or expansion will not unduly interfere with existing
easements, rights-of-way, other utilities, canals, mineral claims or roads. Right-of-way agreements include100-foot
easements purchased from landowners along the transmission alignment.Only a small portion of the transmission line
right-of-way would be disturbed for structure installation and vehicle access. No new roads are needed to gain access
to sites where the poles would be erected The facility will be placed in a location that avoids existing gas pipeline
rights-of-way.
Amended language:
Section 21-3-340.A.11— The nature and location of the facility or expansion will not unduly interfere with existing
• easements, rights-of-way, other utilities, canals, mineral claims or roads. Right-of-way agreements or easements will
be purchased from landowners along the transmission alignment.Only a small portion of the transmission line right-of-
way would be disturbed for structure installation and vehicle access. No new roads are needed to gain access to sites
where the poles would be erected. The transmission line and supporting structures will be placed in a location that
avoids conflicts with existing gas pipeline rights-of-way.
Old language:
Section 21-3-340.A.19— The applicant has obtained or will obtain all property rights,permits and approvals necessary
for the proposed project, including surface, mineral and water rights and easements for drainage, disposal, utilities,
access, etc. If the applicant has not obtained all necessary property rights,permits and approvals, the Board may, at
its discretion, grant the permit conditioned upon completion of the acquisition of such rights prior to issuance of a
zoning or building permit by the County. The applicant has procured a 100-foot wide transmission line easement from
all owners of property that the transmission line will cross.
Amended language:
Section 21-3-340.A.19— The applicant has obtained or will obtain all property rights, permits and approvals necessary for
the proposed project, including surface, mineral and water rights and easements for drainage, disposal, utilities, access,
etc. If the applicant has not obtained all necessary property rights, permits and approvals, the Board may, at its discretion,
grant the permit conditioned upon completion of the acquisition of such rights prior to issuance of a zoning or building
permit by the County. The applicant will obtain a transmission line easement from all owners of property that the
transmission line will cross one month prior to construction.
Under the heading of"One Month prior to Construction;"
Add Number C.7
The applicant shall provide recorded evidence that all easements for the transmission line have been acquired.
• SERVICE,TEAMWORK,INTEGRITY,QUALITY
PLANNING COMMISSION AND BOARD OF COUNTY
COMMISSIONERS' SIGN POSTING CERTIFICATE
• THE LAST DAY TO POST THE SIGN IS MAY 4, 2012 THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS
POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING AND THE BOARD OF COMMISSIONERS HEARING FOR A SITE
SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A MAJOR
FACILITY OF A PUBLIC UTILITY (TWO MILES OF SINGLE CIRCUIT 115-KILOVOLT (KV)
ELECTRIC TRANSMISSION LINE, TO CONNECT INTO THE LASALLE GAS PLANT[USR-1792]
SUBSTATION FACILITY, AND ONE (1) SWITCHING STATION AT POINT OF
INTERCONNECTION FROM THE WESTERN AREA POWER ADMINISTRATION [WESTERN]
TRANSMISSION LINE) IN THE A(AGRICULTURAL)ZONE DISTRICT. TRISTATE GENERATION
AND TRANSMISSION C/O LAURIE SPEARS
Kim Ogle
Name of Person Posting Sign
•
Sig ure of Person Posting Sign
STATE OF COLORADO
ss.
COUNTY OF WELD ) ,,f]C�,
The foregoing instrument was subscribed and sworn to me this � day of LC , 2012
WITNESS my hand and official seal.
No/VII
a y ublic
BILLIE J. MOORE
NOTARY PUBLIC
My Commission Expires: //6/(74% I L� STATE OF COLORADO
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• DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
1:.1 WEBSITE: www.co.weld.co.us
��l
E-MAIL: kogle@co.weld.co.us
r �� PHONE: (970)353-6100, Ext. 3549
2- '"0 J N TY FAX: (970)304-6498
April 23, 2012
LAURIE SPEARS
TRI-STATE GENERATION &TRANSMISSION ASSOC
1100 W 116TH AVE
WESTMINSTER, CO 80234
Subject: USR12-0009 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MAJOR FACILITY OF A PUBLIC UTILITY (TWO MILES OF SINGLE CIRCUIT
115-KILOVOLT (kV) ELECTRIC TRANSMISSION LINE, TO CONNECT INTO THE LASALLE GAS
PLANT [USR-1792] SUBSTATION FACILITY, AND ONE (1) SWITCHING STATION AT POINT OF
INTERCONNECTION FROM THE WESTERN AREA POWER ADMINISTRATION [WAPA]
TRANSMISSION LINE) IN THE A(AGRICULTURAL)ZONE DISTRICT
On parcel(s)of land described as:
THE PREFERRED ROUTE COMMENCES IN SECTION 19[WAPA SWITCHING STATION] CROSSES
SECTION 30 AND 31 T5N, R64W AND ENDS AT THE LASALLE GAS PLANT[USR-1792]
Dear Applicants:
• I have scheduled a meeting with the Weld County Planning Commission on May 15, 2012, at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on June 20, 2012 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully.
/� signed am
Kristine f Ra om
-��/3(VX,/ Reason: am the author of this document
• Location:1555 N 17th Ave
Date:2012.04.23 14:37:04-06'00'
Kim Ogle
Planner
• a a 1861 /V DEPARTMENT OF PLANNING SERVICES
� 1555 N 17th AVE
r GREELEY, CO 80631
1" rti ^"i WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
11 )111 11 PHONE: (970)353-6100, Ext. 3549
�I 0 U N ?v- FAX: (970)304-6498
'_
March 13, 2012
LAURIE SPEARS
TRI-STATE GENERATION &TRANSMISSION ASSOC
1100 WEST 116TH AVENUE
WESTMINSTER, CO 80234
Subject: USR12-0009 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MAJOR FACILITY OF A PUBLIC UTILITY (TWO MILES OF SINGLE CIRCUIT
115-KILOVOLT (kV) ELECTRIC TRANSMISSION LINE, TO CONNECT INTO THE LASALLE GAS
PLANT [USR-1792] SUBSTATION FACILITY, AND ONE (1) SWITCHING STATION AT POINT OF
INTERCONNECTION FROM THE WESTERN AREA POWER ADMINISTRATION [WAPA]
TRANSMISSION LINE)IN THE A(AGRICULTURAL)ZONE DISTRICT
On parcel(s)of land described as:
THE PREFERRED ROUTE COMMENCES IN SECTION 19 [WAPA SWITCHING STATION]CROSSES
SECTION 30 AND 31 T05N R64W AND ENDS AT THE LASALLE GAS PLANT[USR-1792]
Dear Applicants:
• Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Commission(s)for their review and comments:
Kersey at Phone Number 970-353-1681
Please call the listed Planning Commissions, for information regarding the date,time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully.
DReasollyn: signed buthorioehis Ranslem
Reason: am the author of this document
Location:1555 N 17th Ave
Date:2012.03.13 16:28:30-06'00'
Kim Ogle
Planner
•
• 186 1 - 20 1 1 MEMORANDUM
TO: Kim Ogle, Planning Services DATE: February 27, 2012
W
I E L D C OI U N T Y FROM: Heidi Hansen, P.E., Public Works Department
L.� SUBJECT: 7-Day Completeness Review—Tri-State Generation
I have reviewed the 7-Day Completeness Review. Public Works shall be looking for five critical items:
Site Plan— Submitted
Traffic Study— Not Required
r Drainage Report—Not Required— Water Resources Information Submitted
Geotechnical Report—Not Required— Soils Information Submitted
r Flood Hazard Development Standards—Not in a FEMA Floodplain
This phase of the planning process is a content review of the submitted materials, NOT a technical
review. Comments made during this phase of the process will not be all-inclusive. The Public Works
Department will perform a detailed technical review of the project once the submittal application is
• deemed acceptable and is promoted to the review phase of the planning process.
Public Works has adequate information to review this submittal.
•
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