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HomeMy WebLinkAbout20122201.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR12-0033, FOR A MAJOR FACILITY OF A PUBLIC UTILITY (A 115-KV SUBSTATION AND AN APPROXIMATELY 1.5 MILE LONG 115-KV TRANSMISSION LINE TO CONNECT THE XCEL HUDSON-FORT LUPTON TRANSMISSION LINE INTO THE PROPOSED SUBSTATION) IN THE A (AGRICULTURAL) ZONE DISTRICT -TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 22nd day of August, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Kerr-McGee Gathering,LLC, 1099 18th Street, Suite 1800, Denver, Colorado 80202; Anadarko E&P Company, LP, P.O. Box 173779, Denver, Colorado 80217; and Robert Warner, P.O. Box 9, Brighton, Colorado 80601, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0033, for a Major Facility of a Public Utility (a 115-kv substation and an approximately 1.5 mile long 115-kv transmission line to connect the Xcel Hudson-Fort Lupton transmission line into the proposed substation) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot C of Recorded Exemption, RECX12-0045; being part of the NW1/4 of Section 14, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was represented by Steve Gray, Tri-State Generation and Transmission Association, Inc., 1100 West 116th Avenue, Westminster, Colorado 80234, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 21-3-330 of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 21-3-340.A of the Weld County Code as follows: A. Section 21-3-340.A.1 -- The health, welfare and safety of the citizens of the County will be protected and served. The Design Standards (Section 23-2-240), Operation Standards (Section 23-2-250), Conditions of CC CA; QL, PLC, U-u, Apo. 2012-2201 -ati -la PL2175 SPECIAL REVIEW PERMIT (USR12-0033) -TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. PAGE 2 Approval, and Development Standards ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. B. Section 21-3-340.A.2 -- The natural and socio-economic environment of the County will be protected and enhanced. The proposed substation and transmission line will be consistent with the existing land use and improvements in the area. The existing area where the transmission line will be located is zoned A (Agricultural) and consists of agricultural land, and oil and gas improvements. The proposed transmission line would parallel an existing 230-kV transmission line. At the proposed substation site, an approved natural gas processing facility will be located. There are already four (4) existing Oil and Gas Support Facilities that are located approximately 1/4 mile to the west and northwest of the site. The proposed transmission line would be located approximately 1/8 of a mile from two existing single family residences. The proposed transmission lines will only disturb approximately 625 square feet around each power pole and the substation facility will be located on a parcel slightly larger than six (6) acres. The proposed facilities will provide a short-term boost to the local economy. Approximately 25 construction workers will be employed during the duration of the construction period (approximately 3 months) and will use the local goods and services in the surrounding area (Fort Lupton is the nearest municipality). The proposed facility is located on existing unimproved sites and will not cause any existing residences or businesses to be displaced. C. 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 applicants are proposing to build a new 115-kV transmission line, rather than utilize the existing 230-kV Xcel line in order to meet the timing requirements for this project. The applicant proposes to have the project online by January 2013, to service the Lancaster Cryogenic facility (already approved under case #USR12-0023). Utilizing the 230-kV transmission line would have required a system impact study that would have taken more than a year to complete. The applicant investigated three (3) potential alternatives for the location of the transmission line: Alternative 1 — Parallel the existing Excel 230-kV transmission line on the west side. The transmission line would utilize part of the existing 2012-2201 PL2175 SPECIAL REVIEW PERMIT (USR12-0033) -TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. PAGE 3 transmission line right-of-way and would require some additional right-of-way. Alternative 2 — Parallel the existing Excel 230-kV transmission line on the east side. This would require the transmission line to cross the existing 230-kV transmission line. Alternative 3 — Locate the transmission line 1/2 mile further to the east before turning to the west. New right-of-way would be required for the transmission line and would require the transmission line to cross under the existing Excel 230 kV transmission line. The applicant chose alternative #1 as the proposed alternative. The transmission line would be located closer to the existing residence north of CR (County Road) 20 than alternative #2 but would not require the transmission line to cross the existing 230-kV Transmission line. The applicant indicated that this would be a preferable alternative for both Excel and Tri-State as the existing 230-kV transmission line would likely need to be raised to meet the clearance requirements to go under the existing transmission line. No referral response has been received from property owners (including the parcel where the existing residence is located). D. Section 21-3-340.A.4 -- A satisfactory program to mitigate and minimize adverse impacts has been presented. The majority of impacts would occur during construction of the facilities. The application indicates that all efforts would be made to minimize disturbances to land surrounding the construction areas and all efforts would be made to re-establish vegetation in disturbed areas. The applicants have attached Environmental Protection Measures for Construction Projects under Appendix B of the application that addresses reclamation of disturbed areas. E. 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. Section 22-5-160.A. (UR.Goal 1) states, "Support and encourage the use of natural and other resources available in the County by the residents of the County." The proposed substation and transmission line are proposed to supply power to a proposed Natural Gas Processing (Cryogenic) Facility that will increase the ability to process natural gas extracted in the county. The proposed facility is located within the three (3) mile referral area of the City of Fort Lupton. No referral response has been received from the City of Fort Lupton in regards to this proposal. F. Section 21-3-340.A.6 -- The nature and location or expansion of the facility does not unduly or unreasonably impact existing community 2012-2201 PL2175 SPECIAL REVIEW PERMIT (USR12-0033) -TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. PAGE 4 services. The impact on existing community facilities will be minimal. The proposed facilities will be unmanned. The Fort Lupton Fire Protection District indicated approval in the referral dated July 10, 2012. The Sheriff's Office indicated no conflicts in the referral dated June 12, 2012. G. 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 facility will be unmanned. The Fort Lupton Fire Protection District indicated approval in the referral dated July 10, 2012. The Sheriffs Office indicated no conflicts in the referral dated June 12, 2012. H. 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. There is an existing transmission 230-kV Xcel transmission line located adjacent to this site. 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. Existing drainage patterns will be preserved. The proposed transmission line will disturb a very small area (at each power pole location). The Department of Public Works has approved the Drainage Plan for the substation facility site. The substation will drain into an existing detention pond that has excess volume. J. Section 21-3-340.A.10 --Adequate water supplies are available for facility needs. The facility is unmanned. Bottled water will be provided during construction of the facility. K. 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. A 100-foot right-of-way easement will be purchased from landowners prior to construction of the transmission line. Easement Agreements with property owners will be required prior to recording the plat. L. Section 21-3-340.A.12 -- Adequate electric, gas, telephone, water, sewage and other utilities exist or shall be developed to service the site. The transmission line facility and substation facility will be unmanned. Bottled water and port-a-lets will be utilized during construction. M. 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 2012-2201 PL2175 SPECIAL REVIEW PERMIT (USR12-0033) - TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. PAGE 5 adversely affect any endangered wildlife species, unique natural resource or historic landmark within the impact area. The applicant intends to incorporate Aviation Protection Plan (APP) standards and APP guidelines to protect birds on power lines. The applicant has performed a Class I Archaeological Database Search of the project area for sites eligible or listed under the National Register of Historic Places (NRHP). The search has indicated that there are no NRHP eligible or listed sites within the project area. The Environmental Protection Measures outlined in Appendix B indicate that should any previously unknown historic/prehistoric sites or artifacts be encountered during construction, all land-altering activities at that location will be immediately suspended and the discovery left intact until such time that Tri-State is notified and appropriate measures taken to assure compliance with the National Historic Preservation Act and enabling legislation. N. 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 Department of Public Works has approved a Drainage Plan for the substation facility. The applicant intends to utilize a water truck to maintain dust suppression during construction of the substation and transmission line. The access to the proposed substation will be paved and disturbed areas will be re-vegetated. O. 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. The geological and topographic features of the site are adequate for the proposed substation and transmission line. P. 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 by the project. Q. 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 applicant has an approved plan for the drainage facility and would be required to obtain a grading permit for the substation location. The area of disturbance from the transmission line would be minimal and would not impact streams, lakes and reservoirs in the impact area. R. 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 area of the substation is currently not in agricultural production and the facility will 2012-2201 PL2175 SPECIAL REVIEW PERMIT (USR12-0033) -TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. PAGE 6 be located on a parcel of 6.15 acres. The transmission lines will create minimal disturbance where the transmission poles are located and will not interfere with agricultural production and will not interfere with existing or future oil and gas production. S. 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 conditional upon completion of the acquisition of such rights prior to issuance of a zoning or building permit by the County. The Department of Public Works has approved the applicant's drainage report and the applicant has obtained an approved access permit for the substation facility. The applicant intends to obtain 100-foot easements purchased from landowners along the transmission alignment. The Department of Planning Services has attached a condition of approval requiring evidence that these easements are recorded prior to recording the plat. T. Section 21-3-340.A.20 -- 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 facility for fuel, raw materials, equipment and related items is 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 applicant shall comply with the Environmental Protection Measures outlined in Appendix B of the application. Per the Department of Public Health and Environment, a development standard is proposed requiring the applicant to comply with the requirements of Appendix B. U. Section 21-3-340.A.21 -- The scope and nature of the proposed project will not unnecessarily duplicate existing services within the county. The primary reason for the Substation Facility is to supply adequate power for a recently approved Gas Processing (cryogenic) Facility. V. Section 21-3-340.A.22 -- If the purpose and need for the proposed project are to meet the needs of an increasing population within the county, the 2012-2201 PL2175 SPECIAL REVIEW PERMIT (USR12-0033) -TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. PAGE 7 area and community development plans and population trends clearly demonstrate a need for such development. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Tri-State Generation and Transmission Association, Inc., for a Site Specific Development Plan and Use by Special Review Permit, USR12-0033, for a Major Facility of a Public Utility (a 115-kv substation and an approximately 1.5 mile long 115-kv transmission line to connect the Xcel Hudson-Fort Lupton transmission line into the proposed substation) in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. The applicant agrees to implement any reasonable measures deemed necessary by the Board of Weld County Commissioners to ensure that the health, safety, and welfare of the inhabitants of Weld County will be protected and to mitigate, or minimize, any potential adverse impacts from the proposed facility. 2. Prior to recording the plat: A. The applicant shall address the requirements of the Department of Public Works, as stated in the referral dated July 21, 2012. Written evidence of Public Works approval shall be submitted to the Department of Planning Services. B. A copy of the signed and recorded (construction and post-construction) lease agreements (or other acceptable authorization from property owners) shall be submitted to the Department of Planning Services. C. 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. D. The applicant shall attempt to address the requirements of the Fort Lupton Fire Protection District, as stated in the referral dated July 10, 2012. Written evidence of such shall be provided to the Department of Planning Services. E. An Improvements and Road Maintenance Agreement is required for the site. The Department of Public Works will provide a draft of the agreement after the Board of County Commissioner's hearing for the project. The agreement will address all transportation (access drive, parking areas, haul route et cetera) and non-transportation (fencing, drainage et cetera) improvements. F. The applicant shall submit written evidence to the Department of Public Services that Federal Aviation Administration (FAA) requirements have been met for the proposed facility. 2012-2201 PL2175 SPECIAL REVIEW PERMIT (USR12-0033) -TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. PAGE 8 G. The recorded easement agreement information for the transmission Line shall be indicated on the plat. H. The plat shall be amended to delineate the following: 1) All sheets of the plat shall be labeled USR12-0033. 2) The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 3) The attached Development Standards. 4) The approved access point labeled with the approved access permit number (AP12-00132). 5) The 30-foot access and utility easement and reception number for the approved access point. 6) CR 22 is an arterial road, which requires a 140-foot right-of-way at full buildout. There is presently a 60-foot right-of-way. This road is maintained by Weld County. The applicant shall delineate an additional 40-foot future right-of-way parallel to CR 22 for full buildout. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. 3. Prior to the start of any construction: A. If more than one (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 Best Management Practices (BMPs) to be utilized, typical installation and maintenance notes for all BMPs to be utilized, and a copy of the approved Colorado Department of Public Health and Environment (CDPHE) Stormwater Permit. 4. Upon completion of Conditions of Approval #2 and #3 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 the Department of Planning Services. 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 one-hundred twenty (120) days from the date of the Board of County 2012-2201 PL2175 SPECIAL REVIEW PERMIT (USR12-0033) -TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. PAGE 9 Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 5. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required one-hundred (120) days from the date the Use by Special Review Permit was approved by the Board of County Commissioners, a $50.00 recording continuance charge may be added for each additional three (3) month period. 6. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. 7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of August, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: � �� . Sean P. n ay, Chair Weld County Clerk to the Board William F. Garda, Pro-Tem BY: Deputy CI to the Boar XCUSED "arb Kirkmeyer t 1861 ?:t tic? I�IAP" • EDA c ' OR = v11 �j �r� PPM' 4 'avid E. Long I o (Attorney 5 \ 4 ar4 Dougla- Rademacher Date of signature: Q 2012-2201 PL2175 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. USR12-0033 1. The Site Specific Development Plan and Use by Special Review Permit, USR12-0033, is for a Major Facility of a Public Utility (A 115-kV substation and an approximately 1.5 mile long 115-kV transmission line to connect the XCEL Hudson-Fort Lupton transmission line into the proposed substation) in the A (Agricultural) Zone District, and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The historical flow patterns and runoff amounts will be maintained on the 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 runoff rate and velocity increases, diversions, concentration and/or unplanned ponding of storm runoff. 4. The applicant must take into consideration stormwater capture/quantity and provide accordingly for Best Management Practices (BMP's). 5. Weld County shall not be responsible for the maintenance of on-site drainage related features. 6. Off-street parking spaces, including the access drive, shall be surfaced with gravel, asphalt, recycled asphalt, concrete or the equivalent and shall be graded to prevent drainage problems. 7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 8. 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, Section 30-20-100.5, C.R.S. 9. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. 11. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code. 12. Appendix B: Environmental Protection Measures for Construction Projects, as included in the application, shall be adhered to. 2012-2201 PL2175 DEVELOPMENT STANDARDS (USR12-0033) - TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. PAGE 2 13. Adequate drinking water (bottled water), toilet facilities (portable toilets) and hand washing units shall be provided during facility construction. 14. If more than one (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 Colorado Department of Public Health and Environment (CDPHE) Stormwater Permit. 15. During construction, all vehicles will park within the designated parking areas adjacent to the Davis Substation. 16. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if 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. 17. The operation shall comply with all applicable rules and regulations of the state and federal agencies and the Weld County Code. 18. Effective April 25, 2011, building permits issued on the proposed lot will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 19. Effective April 25, 2011, building permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 20. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 21. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 22. 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. 23. The Use by Special Review area shall be limited to the plans shown hereon 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. 2012-2201 PL2175 DEVELOPMENT STANDARDS (USR12-0033) - TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. PAGE 3 24. 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. 2012-2201 PL2175 Hello