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HomeMy WebLinkAbout20093765.tiffave., APPLICATION FLOW SHEET COT -on APPLICANT: Tri-State Generation and Transmission, Attention Mark Murray CASE # : USR-1702 REQUEST: A Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility (expansion of an existing substation and 185' communication tower) in the Agricultural Zone Districts. LEGAL: Lot B of RE -4852 being part of NW4 of Section 25, T1 N, R68W of the 6t" P.M., Weld County, CO. LOCATION: South of and adjacent to County Road 6 and approximately % mile east of County Road 11. PARCEL ID #: 1467 25 200061 ACRES: 38 acres +/- DATE BY Application Received 5/13/09 Greeley Application Complete 5/18/09 JH Referrals returned Meeting with applicant Neighborhood Meeting Referrals Listed File Assembled t2/i$1�(ig /� V.�. Chaindexed Step #1 Referrals Mailed /) 7 Step #1 Letter to Applicant Mailed Step #1 Surrounding Property Letters Mailed \- PC Hearing Date: Action: Y J L LA / 2 06 1 Utility Board Date: V PC Sign to be Posted: Referrals Listed Step #2 Referrals Mailed Step #2 Letter to Applicant Mailed Step #2 Surrounding Property Letters Mailed Date Public Notice Published in County Newspaper Planning Technician Maps Prepared 5/18/09 JH Field Check by DPS Staff Planning Commission Resolution Sent to Applicant Planning Commission Meeting Minutes Filed in Case Case Sent to Clerk to the Board CC Hearing: Action: CC Sign to be Posted: Plat and/or Resolution Recorded LicThzi Recorded on Maps and filed �( 5J 1_ r''U Overlay Districts Zoning Agricultural MUD Yes No_ X_ IGA Yes_ _No_X_ Ord. Airport Yes No_X_ Geologic Yes X_ No Flood Hazard Yes No X Panel #080266 C Road Impact Area WELD o?C9q- 370 SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT # /AMOUNT # /$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 1 4 6 7 - 2 5 - 2 - 0 0 - 0 6 1 (12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's Office, orwww.co.weld.co.us. ) Legal Description north half of northwest quarter , Section 25 Township 1 North, Range 68 West Flood Plain:n/a Zone District:Agricultural , Total Acreage:5 5 , Overlay District:n/a Geological Hazard: TBD , Airport Overlay District:n/a FEE OWNER(S) OF THE PROPERTY: Name:Tri-State Generation and Transmission, Attention: Mark Murray Work Phone # 303-254-3417 Home Phone # 303-254-3211 Email mmurray@tristategt.org Address:1100 West 116th Avenue Address: City/State/Zip CodeWestminster, CO 80234 Name:n/a Work Phone # Home Phone # Email Address: Address: City/State/Zip Code Name:n/a Work Phone # Home Phone # Email Address: Address: City/State/Zip Code APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent) Name:Mark Murray, Tri-State Generation and Transmission Work Phone # 303-254-3417 Home Phone # 303-254-3211 Email mmuray@tristategt.org Address:1100 West 116th Avenue Address: City/State/Zip Code Westminster, CO 80234 PROPOSED USE: Expansion of existing switchyard and substation. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicatip that the signatory has to legal authority to sign for the corporation. iro zed Agent D to Signature: Owner or Authorized Agent Date -6- Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities April 24, 2009 Prepared by Tri-State Generation and Transmission, Inc. 1100 West 116th Avenue Westminster, CO 80234 Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities Table of Contents Page Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities 1 Introduction 1 Who is Tri-State? 1 Purpose and Need 1 Benefits of the Proposed Project 2 Project Description 2 Switchyard Expansion 2 Telecommunications Tower and Facilities 3 Future Substation Expansion 3 USR Questionnaire 4 1. Explain, in detail, the proposed use of the property 4 2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22 of the Comprehensive Plan. 4 3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23 (Zoning) and the zone district in which it is located 11 4. What types of uses surround the site (explain how the proposed use is consistent and compatible with surrounding land uses). 12 5. Describe in detail, the following: 12 6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal 17 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. 18 8. Explain how the storm water drainage will be handled at the site. 18 Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. 19 10. Explain where storage and/or stockpile of wastes will occur on this site 19 Any Other Information Required by Planning Commission 20 References P1 Appendices Appendix A: Special Review Plat Map Appendix B: Vicinity Map Appendix C: Environmental Report and Environmental Assessment/Finding of No Significant Impact Appendix D: FM Determination of No Hazard to Air Navigation Appendix E: Visual Simulations Appendix F: Landscape Plan Appendix G: Communication with Ditch Company Appendix H: Drainage Report Appendix I: Communication with Oil Well Owner Appendix J: Geotechnical Report Appendix K: Deed to Property Appendix L: Certificate of Conveyances Form Appendix M: Soils Report Appendix N: Affidavit of Surface Property Owners Appendix O: Road Access Information Sheet Tables Table 1: Environmental Protection Measures for Construction Projects 7 Table 2: Soil Shrink/Swell Classes 8 Table 3: Soil Erodibility Classes 9 Table 4: Typical Construction Personnel and Equipment 14 Table 5: Weight of Construction Vehicles 15 Table 6: Proposed Midgrass Native Seed Mix 17 Table 7: Proposed Retention Native Seed Mix 18 Table 8: Project Schedule —Milestone Dates to Meet In -Service Date 19 Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities Introduction This document is submitted in support of the Tri-State Generation and Transmission Association Inc. (Tri-State) request for review of the proposed Erie Switchyard and Substation Expansion (Project) with service to United Power under the provisions of the Weld County Use by Special Review (USR) process. This submittal begins with a purpose and need, summary of alternatives, and description of the proposed Project, which is situated Tri-State's fee owned property in Weld County. Who is Tri-State? Tri-State is a wholesale electric power supplier owned by the 44 electric cooperatives that it serves. Tri-State generates and transports electricity to its member systems throughout a 250,000 -square -mile service territory across Colorado, Nebraska, New Mexico, and Wyoming. Tri-State was founded in 1952 and today supplies power for approximately 1.4 million consumers in the four states. Tri-State serves its member systems through a combination of owned baseload, intermediate, and peaking power plants that use coal and natural gas as their primary fuels, supplemented by purchased power, federal hydroelectricity allocations, and renewable energy. Purpose and Need Tri-State is proposing to upgrade its existing Erie 115 -kV Switchyard by adding a 230 -kV switchyard to improve electric service to consumers of its member cooperative. In 2003, Tri-State built the original Erie Switchyard, which was supplied by the Western Area Power Administration's (WAPA) Hoyt to Terry Street 115 -kV Transmission Line to serve the growth of the communities of southwestern Weld County and the Brighton area in Adams County. This transmission line runs from southwestern Morgan County to Longmont. At that time, Tri-State built the Erie to Dacono to Rinn Valley to Del Camino 115 -kV Transmission Line to serve the distribution needs of its local member system, United Power (Brighton, Colorado). The existing Erie 115 -kV Switchyard consists of breakers, switches, bus work, and a steel monopole communication tower (40 feet in height). The communication tower provides essential metering, system protection, and Supervisory Control and Data Acquisition (SCADA) controls between the Westminster and Frederick Control Center and various substation facilities, including requirements at Erie Switchyard. This Use by Special Review (USR) is being prepared for the Erie Switchyard expansion and includes the replacement of the existing communication tower, as well as future switchyard expansion areas over a 20 -year period. Continued growth from Morgan County, Adams County, and Weld County has caused low voltage, reduced capacity, and reliability problems to transmission lines in the area, affecting not only Tri-State and its members but also Public Service Company of Colorado (PSCo). The Hoyt to Terry Street 115 -kV Transmission Line can no longer adequately serve the area. To remedy the electrical needs, WAPA plans to improve its existing transmission line system by upgrading and rebuilding its Hoyt to Terry Street 115 -kV single circuit transmission line to 1 Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities a double -circuit 115-kV/230-kV transmission line. The new transmission line would be known as the Beaver Creek to Erie 115 -kV and Story to Erie 230 -kV Double -Circuit Transmission Line and would be approximately 80 miles in length and stem from the southern side of the Erie Substation. The 230-kV/115-kV transformer at the Erie Switchyard would add reliability and capacity of a second source of electricity from the new double -circuit transmission line. The additional service would meet the estimated needs and growth requirements until 2030 for two of Tri-State's member systems: United Power and Morgan County Rural Electric Association. The Erie Switchyard would also become one of the communication hubs for to Tri-State's communication system, satisfying the newly implemented Federal Energy Regulatory Commission rule that requires major utilities to have a backup control center should the primary dispatching site no longer be usable. One 185 -foot -tall communication tower would be located within the Erie Switchyard to provide line of sight communications to other critical communications sites. Benefits of the Proposed Project The proposed project would: • Upgrade the existing transmission system to increase capacity and improve electric service and reliability. Provide reliable electric service to new homes and businesses in the area, including large manufacturers. Satisfy the newly implemented regulations requiring major utilities to have a second source of backup control and dispatch. Project Description Switchyard Expansion In order to serve Western's double -circuit 115-kV/230-kV transmission line, the Erie Switchyard must be expanded. To interconnect the 230 -kV system to the 115 -kV system at the Erie Switchyard, additional bus work and power circuit breakers would be installed in the 115 -kV yard to provide reliable switching and fault interruption for the transformer and the 230 -kV line. Other additions to the switchyard include a new transformer, switches, a communications equipment shelter, and a 185 -foot -tall communication tower. The present fenced area of the Erie Switchyard would expand from 1.6 acres to approximately 5.5 acres. The switchyard would remain unmanned and no water or waste disposal system would be required. Included in the submittal is a topographic map which shows the elevation profile for the project, including the existing 115 -kV Erie Switchyard and the proposed 230 -kV switchyard. In the 115 -kV yard, the dead-end structures would have a main bridge height of 40 feet and a total height of 66 feet. The electrical bus in the 115 -kV yard would be at 16 feet and 23 feet. 2 Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities In the proposed 230 -kV yard, the dead-end structures would have a bridge height of 55 feet and a total height of 81 feet. The low bus height would be 24 feet and the high bus height would be 36 feet. The static masts would be approximately 71 feet to provide lightning protection for the substation equipment and maintenance employees. Telecommunications Tower and Facilities The proposed communication tower located on the northern side of the switchyard would be 185 feet tall. The tower must be 185 feet tall in order to have line sight to other critical communications sites. Five microwave antennae and one lightning rod would be installed on top of the tower. The communications equipment shelter would be situated within 25 feet of the tower. An aboveground propane tank would be located adjacent to the tower and communications equipment shelter to provide emergency power to a generator in order to maintain the radio equipment and temperature control of the communications equipment shelter. The tower and associated facilities would be within the secured, fenced area of the switchyard. The communication tower would be designed to the criteria set forth in the American National Standards Institute/Telecommunications Industry Association (ANSI/TIA) guidance document, Structural Standards for Antenna Supporting Structures and Antennas (ANSI/TIA 2005), and using wind data for Weld County. The risk that the communication tower would fall onto distribution lines or other critical features within the substation, therefore, is minimal. Included in the submittal is a profile drawing that shows the structural details of the telecommunications tower and facilities. The tower would be a self-supporting (un-guyed) steel tower made of standard 20 -foot sections with a 24 -foot -wide base set on three steel - reinforced concrete piers. Each of the five microwave antennae would have a maximum diameter of 10 feet, and a 5 -foot -long lightning rod would be mounted at the top of the tower. The communications equipment shelter would be 11.5 feet by 36 feet. The propane tank would be a 500 -gallon tank. Future Substation Expansion Over the next 20 years, Tri-State plans to undergo future expansions to the Erie Substation. The expansions include four additional 230 -kV breaker bays, one spare 230/115 -kV transformer, a 230 -kV control building, another 500 -gallon propane tank, and a second telecommunications building. Tri-State periodically reviews and updates its power needs. While Tri-State has shown all the anticipated items on the Erie substation Plot Plan (included in Appendix A), the equipment and timeframe is subject to change. Tri-State would contact Weld County if the equipment or timeframe differs from what is described in this permit and would obtain all necessary permits for future expansion of the Erie Substation. 3 Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities USR Questionnaire 1. Explain, in detail, the proposed use of the property. The proposed use of the property is explained in the introduction section above. The Plot Plan (included in Appendix A) shows the proposed switchyard expansion for this Project as well as the future expansion areas over a 20 -year period. 2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22 of the Comprehensive Plan. The Weld County Code, Chapter 22, Comprehensive Plan, has been reviewed and the proposed substation expansion is consistent with the intent of the Comprehensive Plan, including Land Use, Environmental Resources, and Natural Resources. Land Use The proposed substation expansion and communication tower is located in an area that is zoned Agriculture. Although a substation is not an agricultural use, it is a land use that is commonly located in agricultural areas and does not conflict with the goals outlined in the comprehensive plan. The area of land proposed to be used for the Project development is not currently in agricultural production. Historically, the property was used as a poultry feed lot with approximately 16 on -site buildings. The majority of these buildings have been removed and the existing ground cover predominantly consists of non-native grasses. Based on this information, the construction of this Project would not likely result in a loss of agricultural land quality. The construction of the proposed Project is not a catalyst that would cause additional non-agricultural land uses on adjacent land. There are four existing residences within a 0.5 -mile buffer of the existing Erie Substation (see Appendix B, Vicinity Map). Environmental Resources Impacts to environmental resources such as air, water, waste, noise, and public health would be minimal and limited to the construction period. Tri-State's Environmental Protection Measures (EPMs) for Construction Projects, presented below, would be implemented to minimize impacts to environmental resources. Natural Resources Natural resources such as sensitive wildlife areas, recreation areas, and mineral and energy resources would not be impacted by the proposed Project. 4 Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities Wildlife There are no sensitive wildlife areas within the Project site. Beyond the Project site, bird use and presence in the overall Project region is considered to be scattered, seasonal, and typical of the eastern plains habitat of Colorado, with two exceptions where bird numbers are concentrated, based on specific habitat features and land uses. The Northglenn Water Treatment Plant and associated reservoir are located approximately one mile south of the Erie Substation in Township 1 N, Range 68W, Section 36 (see the Vicinity Map in Appendix B). This series of ponds and larger reservoir support a large number of waterfowl and other water bird species. An additional Canada goose production area and great blue heron foraging area is located approximately 3 miles southeast of the Project site. The nearest bald eagle nesting site is 6 miles from the Project area, and the nearest roosting site is 7.5 miles from the Project area. No federally listed species are known to occur in the Project area. Based on a review of aerial photography, there are no prairie dog colonies found in the Project area, so the likelihood of the state -threatened burrowing owl occurring on site is unlikely. No increase in the collision risk for resident and migratory birds from the operation of the Erie Telecommunication Tower would be anticipated. This statement is based on four primary factors that include the following: 1. Tower height of 185 feet is shorter than towers that are typically associated with bird fatality (400 feet or greater) (Kemper 1996). 2. Self-supporting tower (i.e., there are no guy wires). Guy wires have been linked to increased bird mortality when compared to unguyed towers (Gehring and Kerlinger 2007a, 2007b). 3. No Federal Aviation Administration (FAA) obstruction lighting. Very few bird fatalities have been reported at towers that are not lighted (Avery et al. 1976). 4. The Project site is located in a previously disturbed area surrounded by marginal habitats for birds. The U.S. Fish and Wildlife Service (USFWS) issued a letter with a statement of support for the proposed Project, stating in part, "Construction plans appear consistent with the U.S. Fish and Wildlife Service 'Interim guidelines for recommendations on communication tower siting, construction, operation, and decommissioning'" (Plage 2009). Water would not be taken from the Platte River basin. Water use for construction dust suppression would be on an as -needed basis and minimal. The Project would consist of overland travel within the property boundary and would use less than 0.10 acre-feet of water or less than 32,000 gallons of potable water from an offsite potable water source. Consultation with the U.S. Fish and Wildlife Service for issues pertaining to water use and depletion for the South Platte River Basin is not required because the project is under the minimum threshold and is'therefore determined to be de minimus with "No Effect". No water use and depletion issues are associated with this project. 5 ink .t, Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities Cultural Resources Under Section 106 of the National Historic Preservation Act (NHPA), a Class III cultural resources survey would be conducted by qualified archaeologists on the Project site, and the applicant would consult with the Colorado State Historic Preservation Office (SHPO) as necessary. The applicant would receive concurrence from SHPO that the Project would not adversely affect any resources of historic or archaeological importance prior to the commencement of construction. No impacts to historic properties are anticipated due to the pre -disturbed nature of the project area. If sites are discovered, they would be avoided if feasible. If avoidance is not possible, impacts would be mitigated to the extent possible in coordination with SHPO. Prior to construction, all supervisory construction personnel would be instructed on the protection of cultural resources with reference to relevant laws and penalties, and the need to cease work in the location if cultural resource items are discovered. Should any previously unknown historic/prehistoric sites or artifacts be encountered during construction, all land altering activities at that location would be suspended until such time that Tri-State is notified and appropriate measures taken to assure compliance with the National Historic Preservation Act and enabling legislation. Tri-State's Environmental Protection Measures include further project -specific resource protection measures during construction as outlined in Table 1. Mineral and Energy Resources A number of oil and gas wells occur in the vicinity of the proposed Project. Detailed design of the proposed Project would ensure that components are located to avoid any impact on these facilities. Mineral resource areas are shown on the plot plan. An agreement has been reached with the owner of the mineral rights located on Tri-State's property. This agreement is included as part of the application materials. Noise and Odor The Project would be constructed and maintained in accordance with Colorado Revised Statutes (CRS) 25-12-101 et seq. (Noise Abatement) and Article IX, Section 14-9-10 et seq. of the Weld County Code. Any noise made by public utilities regulated pursuant to Title 40, C.R.S. and any noise produced at a construction site is exempt from maximum permissible noise levels per Weld County Code Sections 14-9-600) and 14-9-60(N). Noise from heavy machinery during construction may create a short-term nuisance to nearby residents. Tri-State would mitigate this nuisance by ensuring that construction vehicles and equipment are maintained in proper operating condition and equipped with manufacturers' standard noise control devices or better (e.g., mufflers, engine enclosures). The proposed Project would not emit any odor. 6 Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities Table 1: Environmental Protection Measures for Construction Projects General • The contractor shall comply with all federal, state, and local environmental laws, orders, and regulations. Prior to construction, all supervisory construction personnel will be instructed on the protection of resources. • The contractor shall conduct its construction operations so as to prevent any unnecessary destruction, scarring, or defacing of the natural surroundings in or adjacent to the work areas. • All materials resulting from the contractor's clearing operations shall be removed. The contractor also shall remove all waste materials from the construction area. Geology, Paleontological, and Soils • Movement of construction vehicles and equipment shall be limited to the project site and approved access routes. • All soils compacted by construction shall be loosened, leveled, and reseeded with approved, weed -free grasses, as approved by Tri-State. • Erosion control measures shall be implemented on disturbed areas, including areas that must be used for maintenance operations (access ways and areas around the tower). Water Quality ♦ A Stormwater Management Plan shall be developed and a Colorado Discharge Permit System (CDPS) General Permit for Stormwater Discharges shall be obtained prior to construction. The Stormwater Management Plan will be developed with guidance for the Urban Drainage and Flood Control District Stormwater Drainage Criteria Manual, which has been adopted by Weld County. • Construction activities shall be performed by methods that prevent entrance or accidental spillage of solid matter, contaminant debris, and other objectionable pollutants and wastes into adjacent dry water courses. Such pollutants and wastes include, but are not restricted to, refuse, garbage, cement, concrete, sanitary waste, industrial waste, radioactive substances, oil and other petroleum products, aggregate processing tailings, mineral salts, and thermal pollution. Air Quality • The contractor shall utilize such practicable methods and devices, as are reasonably available, to control, prevent, and otherwise minimize atmospheric emissions or discharges of air contaminants. • The emission of dust into the atmosphere will not be permitted during the manufacture, handling, and storage of concrete aggregate; and the contractor shall use such methods and equipment as necessary for the collection and disposal or prevention of dust during these operations, including the periodic application of water to disturbed areas. • Vehicles and equipment showing excessive emission of exhaust gases due to poor engine adjustments or other inefficient operating conditions shall not be operated until corrective adjustments or repairs are made. Vegetation Resources • On completion of the work, all work areas shall be left in a condition that shall facilitate natural revegetation, limit the potential for invasive weeds, provide for proper drainage, and prevent erosion. All destruction, scarring, damage or defacing of the landscape resulting from the contractor's operations shall be repaired by the contractor. • Disturbed areas where vegetation has been removed by construction activities to the extent that the potential for soil erosion is increased to a detrimental level shall be subject to seedbed preparation techniques, reseeded to an approved seed mixture, and mulched, if necessary, during a recognized planting season. Mulching shall be applied only to those areas where potential erosion would prohibit vegetation establishment and growth. • To minimize the spread of noxious weeds, construction crews shall limit transport of seeds by cleaning equipment and construction vehicles before entering the construction area. Tri-State shall implement an appropriate weed suppression policy, if warranted. 7 aat •.. Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities • On completion of the work, all work areas, except any permanent access routes, shall be regraded, as required, so that all surfaces drain naturally, blend with the natural terrain, and are left in a condition that will facilitate natural revegetation, provide for proper drainage, and prevent erosion. • All construction materials and debris shall be removed from the project area by the contractor prior to project completion and demobilization off site. Wildlife Resources • If construction were to occur within the breeding season for raptors (mid -February through August), Tri-State shall complete a raptor nest survey on site prior to project construction to ensure active nests are not disturbed, possibly resulting in nest abandonment and loss of eggs or young. Nest surveys would focus on adjacent power line poles, existing buildings (if still standing), and vegetation in or adjacent to the project site. If active raptor nests occur within the project boundaries, Tri-State shall either monitor the nests during construction or restrict specific activities near the nests that may result in nest abandonment (e.g., avoidance, screening, construction timing). Cultural Resources • Prior to construction, all supervisory construction personnel shall be instructed on the protection of cultural resources with reference to relevant laws and penalties, and the need to cease work in the location if cultural resource items are discovered. • During the 2005 cultural resource surveys, no archaeological sites were identified in or adjacent to the Proposed Project, which is encompassed within the permitted Erie Substation Expansion area. Further details regarding these surveys can be found in Appendix C, the Environmental Assessment/Finding of No Significant Impact. • Should any previously unknown historic/prehistoric sites or artifacts be encountered during construction, all land altering activities at that location shall be suspended until such time that Tri-State is notified and appropriate measures taken to ensure compliance with the National Historic Preservation Act and enabling legislation. Transportation • The contractor shall make all necessary provisions for conformance with traffic safety standards and shall conduct construction operations so as to offer the least possible obstruction and inconvenience to public traffic. Noise • To avoid nuisance conditions due to construction noise, all internal combustion engines used in connection with construction activities shall be properly maintained to minimize noise. Soils Shrink/swell potential of a soil is based on the change in length of an unconfined clod as moisture content is increased from air dry to field capacity. The classes of shrink/swell potential are shown in Table 2. Table 2: Soil Shrink/Swell Classes Class Value Low < 3% Moderate 3-6% High 6-9% Very high > 9% 8 Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities The soils in the Project area range from low to high shrink/swell potential. The factor K is a measurement of the soil's susceptibility to sheet and rill erosion by water and is calculated as a function of an average diameter of the soil particles. It is one of six factors used in the Revised Universal Soil Loss Equation to predict annual rate of soil loss in tons per acre per year. Factor K values range from 0.05 to 0.69, with higher values indicating higher losses. For the purpose of this report, soil K factors would be classified based on Table 3. Table 3: Soil Erodibility Classes Class Factor K Value Low 0.05-0.2 Moderate 0.21-0.4 High > OA According to the Natural Resources Conservation Service (NRCS) Soil Survey of the Northern Part of Weld County, the following general soil map unit complexes are found within the Project area (NRCS 2009): Ulm Clay Loam, 0 to 3 percent slopes The soils in this unit are deep, excessively drained, nearly level soils (0 to 3 percent) formed in alluvium and/or eolian deposits derived from shale. Erodibility Ulm Clay Loam soils have low erodibility. Shrink/Swell Potential: Ulm Clay Loam soils have moderate shrink/swell potential at a depth of 0 to 5 inches (in.), high shrink/swell potential at a depth of 5 to 19 in., and high shrink/swell potential at a depth of 19 to 60 in. Prime Farmland: Ulm Clay Loam soils are classified as prime farmland. Weld Loam, Ito 3 percent slopes The soils in this unit are deep, excessively drained, nearly level soils (1 to 3 percent) formed in eolian deposits. Erodibility Weld Loam soils have moderate erodibility. Shrink/Swell Potential: Weld Loam soils have low shrink/swell potential at a depth of 0 to 8 in., high shrink/swell potential at a depth of 8 to 15 in., moderate shrink/swell potential at a depth of 15 to 60 in., and low shrink/swell potential at a depth of 60 to 64 in. Prime Farmland: Weld Loam soils are classified as prime farmland. 9 Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities Public Health and Safety Tri-State shall comply with applicable regulatory compliance standards for public health and safety. Although the potential does exist, due to stringent safety measures during construction and operation, hazards of fire, explosion, or other danger to the health, safety, and welfare of employees or the general public are not anticipated. The substation expansion would be fenced and secured with only facility employees allowed to enter the premises. The contractor would apply necessary mitigation to eliminate problems of induced currents and voltages on to conductive objects sharing a right-of-way, to the mutual satisfaction of the parties involved. The contractor would install fence grounds, where required, on fences that cross or are parallel to the proposed line. Structure foundation holes would not be left open overnight and would be covered. Health and safety concerns associated with the Project would be limited largely to electromagnetic fields (EMF) from the transmission line. Electric fields are caused by voltage on an object, such as the voltage on conductors that are connected to an energized substation. Magnetic fields are produced when an electrical current flows through a conductor. EMF extends outward from transmission line conductors and decreases rapidly with distance from the transmission line. Considerable research and study have been done to investigate potential health effects of EMF from high -voltage transmission lines on living organisms. EMF was modeled for the 115 kV/230-kV double circuit transmission line within the fenced area of the Erie Substation (see Figure 1). The results of the magnetic field modeling plotted in Figure 1 show that on the left right-of-way edge the magnetic field is approximately 11.0 milligauss (mG) for average flows in 2011, 16.8 mG for peak flows in 2011, 9.7 mG for average flows in 2018, and 14.7 mG for peak flows in 2018. On the right right-of-way edge the magnetic field is approximately 4.9 mG for average flows in 2011, 7.4 mG for peak flows in 2011, 3.4 mG for average flows in 2018, and 5.1 mG for peak flows in 2018. The maximum magnetic field within the ROW is 16.8 mG for average flows in 2011, 25.4 mG for peak flows in 2011, 16.1 mG for average flows in 2018, and 24.3 mG for peak flows in 2018. Based on these expected levels and research from available literature, no health effects are anticipated from the 115 kV/230-kV double circuit transmission line within the proposed Erie Substation expansion. 10 Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities Figure 1: Plot for 2011 and 2018 Erie Substation 115 kV/230 kV Double Circuit Average and Peak Magnetic Fields Ma,kic Reid (mG) ttagnetic Field Erie 115 kV/230 kV flout a Ci-cuit 2011 Aerage - - -YU11 Ptak —2010 feengt --2010 Ptak IUOI S.. .o nI ey. U u at. .1mltl Item unmVl.ert CR i r` r I' IS 10 mw inioassl l- -250 -225 -200 -175 -150 -125 -100 -75 -9 -25 0 25 50 75 10) 115 -50 175 200 225 250 Cistarcefrcm Tramsnissicn u res (ft) Hazards and Emergency Procedures Tri-State prohibits storage of flammables, construction of flammable structures, and other activities that have the potential to cause or provide fuel for fires on its easements and rights -of -way. 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). Traffic The contractor shall make all necessary provisions for conformance with federal, state, and local traffic safety standards and shall conduct construction operations so as to offer the least possible obstruction and inconvenience to public traffic. 3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23 (Zoning) and the zone district in which it is located. The proposed Project is within the Agricultural Zone District. Major facilities of public utilities may be constructed, operated, and maintained in the Agricultural Zone District upon approval of a permit in accordance with the requirements and procedures set forth 11 Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities in Article II, Division 4 of Chapter 23 of the Weld County Code. Major facilities of a public utility are also subject to the provisions of Section 23-4-420. The Project site is located within a geological hazard overlay district as defined by Weld County. A geologic hazard study is being prepared by the Colorado Geological Survey and would be provided to Weld County at a later date. The applicant would obtain a Geologic Hazard Overlay District Development Permit as required by Artide V of Chapter 22 of the Weld County Code prior to construction. 4. What types of uses surround the site (explain how the proposed use is consistent and compatible with surrounding land uses). Tri-State currently owns the land to be used for the substation expansion and construction of the communications tower; the land use of the project site is an existing substation and fallow land. The surrounding mosaic of land uses encompass both historical and current agricultural activities; rural communities, encroaching residential development; an expanding network of roads and highways, including 1-25 approximately 1 mile to the west of the Project site; utility corridors; oil and gas extraction and mineral developments; and commercial businesses. A concrete/gravel operation located to the south, an abandoned poultry feedlot immediately to the west, and a steel construction business immediately to the north can all be observed from the Project site, while the proposed tower site itself is located immediately northwest of the existing Erie Substation and within the permitted substation expansion area. This Project would be consistent and compatible with the existing surrounding land uses. The Erie Municipal Airport is the nearest airport and is located approximately 5 miles from the site. FAA has made a determination of no hazard to air navigation for the Erie communication tower (FAA 2009) included in Appendix D. The proposed substation upgrade and communication tower would not raise the temperature of the air more than 5 degrees Fahrenheit at or beyond the lot line. 5. Describe in detail, the following: a. Number of people who will use the site There would be no people using this site, other than routine maintenance and monitoring of the transmission line on a monthly basis. b. Number of employees proposed to be employed at this site Monitoring of the substation and communication facilities would take place approximately once per day and would be limited to two people. 12 Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities Construction crews would consist of four to 20 people and would take approximately six to eight months to complete. c. Hours of operation The substation and communication tower would operate 24 hours per day, 365 days per year. Construction of the substation expansion and communication tower would take approximately six to eight months to complete, and construction crews may work from sunup to sundown up to seven days per week. The site would be monitored remotely during operation, and would be patrolled by security once per day. This facility is not open to the public. d. Type and number of structures to be erected (built) on this site An artist's rendering of the Project, including the existing 115 -kV switchyard, the proposed 230 -kV switchyard, and the plot plan, is included in Appendix E. In the 115 -kV yard, the dead-end structures would have a main bridge height of 40 feet with a total height of 66 feet. The electrical bus in the 115 -kV yard is at 16 feet and 23 feet. In the proposed 230 -kV yard, the dead-end structures would have a bridge height of 55 feet and a total height of 81 feet. The low bus height would be 24 feet and the high bus height would be 36 feet. The static masts would be approximately 71 feet to provide lightning protection for the substation equipment and maintenance employees. The proposed communication tower located on the northern side of the substation expansion would be 185 feet in height including a 5 -foot lightning rod and would have five microwave antennae with a 10 -foot maximum diameter. The tower would be made of standard 20 -foot sections with a base 24 -foot -wide base set on three concrete, steel reinforced piers. Collocation of the communication tower with other communications or utility companies is not an option at this time due to security problems involving the proximity of the communication tower to the substation. The communication tower is designed to the criteria set forth in the ANSI/TIA guidance document, Structural Standards for Antenna Supporting Structures and Antennas (ANSUTIA 2005) using wind data for Weld County. The communications equipment shelter would be 11.5 feet by 36 feet and would house electrical equipment. The facility does not require water or septic systems. The communications equipment shelter would have exterior security lighting and screech (siren) alarms that are activated at night with motion detectors. The lights would only be turned on when monitoring and maintenance staff use the communications equipment shelter at night. The lighting for the substation is designed as minimal stumble lights to prevent personnel from falling or running into the equipment. The 13 ANN Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities lights would be the same as are currently used at the substation, and would be pointed downwards. The Plot Plan (included in Appendix A) contains specifications for the existing lights at the substation. The communication tower would be lit in accordance with FAA regulations. A 500 -gallon aboveground propane tank would be located adjacent to the tower and communications equipment shelter to provide emergency power to a generator to maintain the radio equipment and temperature control of the communications equipment shelter. e. Type and number of animals, if any, to be on this site There would be no animals on this site. f. Kind of vehicles (type, size, weight) of vehicles that will access this site and how often During construction and operation, workers would park within Tri-State's property boundary. The substation is closed to the public, so public parking is not necessary. Table 4 is a listing of the construction activities that would be used, the number of personnel, and the kinds of vehicles that would be used; Table 5 lists the weight of each vehicle. The construction period would be approximately six to eight months, and between four and 20 construction workers would be on site during the different phases of construction. During operations, an average of one pick-up truck per day would access the site for security and maintenance. Table 4: Typical Construction Personnel and Equipment ................ ....... _....... Ycrof 14 Site Work/Grading 4-6 1 Grader 14 2-4 pickup trucks 1 Dozer 8N 1 Excavator 325 2 trailers 4-6 weeks Fencing and Grounding Grid 5-8 1 bobcat 1 truck with auger 2 front end loader 2-3 pickup trucks 3 trailers 1 Backhoe 420 3 weeks Foundations 10 1 drill rig 2-3 concrete trucks 1 hydrocrane 2-3 pickup trucks 1 bobcat 3 trailers 1 Backhoe 420 2 months Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities ,::::::: Number of_Persgr . ,,„ ,. _ .__,Equipment Duration of Construction Structure and Equipment Installation 10-20 1 bucket truck 1 manlift 1 crane 1 front end loader 8 pickup trucks 4 trailers 1 10 wheel truck 1 Backhoe 420 2-3 months Gravel Roadbase 5 3 tractor trailers 1 bobcat 1 10 wheel truck 1 week Cleanup 5 1 tractor trailer 1 bobcat 3-4 pickup trucks 1 week Total 4-20 nla 25 weeks -31 weeks (6-8 months) Table 5: Weight of Construction Vehicles Type of Vehicle .................. Weight Ms) Pickup Truck 7,000 Bucket Truck 60,000 Crane 56,000 Drill Rig 85,000 Grader 14 49,000 Front End Loader 43,000 Hydrocrane 80,000 Dozer 8N 95,000 Backhoe 420 15,000 Truck 10 Wheel 52,000 Excavator 325 68,000 Truck With Auger 44,000 Concrete Truck 60,000 Manlift 38,000 Tractor Trailer 80,000 Trailer 21,000 Bobcat 4,200 g. Who will provide fire protection to the site The Project is located in the Mountain View Fire District. All applicable fire laws and regulations, as outlined in the CRS 31-16-601, would be observed during the construction period_ Construction vehicles shall be equipped with government 15 Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities approved spark arresters. The contractor shall maintain in all construction vehicles a current list of local emergency response providers and methods of contact/communication. h. Water source on the property (both domestic and irrigation) Potable water for construction crews would be provided by a potable water supplier. Industrial water for construction use would be brought in by a water truck. There would be no permanent water supply at the Project site. USFWS has determined that projects that result in a depletion in flow of less than 0.1 acre-foot/year to the nearest surface water tributary to the Platte River system qualify for de minims exceptions for water -related activities in the Platte River basin. USFWS considers these projects to have insignificant effects on the Platte River target species and do not require consultation with USFWS. In addition, detention basins that are designed to detain runoff for less than 72 hours, and temporary withdrawals of water (e.g., for hydrostatic pipe testing) that return all water to the same drainage basin within 30 days, are considered to have an insignificant effect and do not require consultation. Tri-State would utilize water from off -site or potable sources that would be hauled in during construction activities for dust control. Water would not be taken from the Platte River basin. No water use and depletion issues are associated with this project. i. Sewage disposal system on the property (existing and proposed) Sanitary portable toilets, including a regular cleaning service, would be provided for the construction crew. There are no plans for a permanent sewage disposal system associated with the Project. 1• 16 If storage or warehousing is proposed, what type of items will be stored There would be temporary storage of construction materials at the Project site. Enclosed containment would be provided for all trash. All construction waste, including trash and litter, garbage, other solid waste, petroleum products, and other potentially hazardous materials would be removed to a disposal facility authorized to accept such materials. There would be no significant amounts of hazardous materials stored in the Project area or generated by the Project. Construction, operation, and maintenance activities would comply with all applicable federal, state, and local laws and regulations regarding the use of hazardous substances. The only hazardous chemicals anticipated to be used on site are those found in diesel fuel, gasoline, coolant (ethylene glycol), propane, and lubricants in machinery. Hazardous materials would not be drained onto the ground or into Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities streams or drainage areas. A 500 -gallon aboveground propane tank would be located adjacent to the tower. In its contract with the construction contractor, Tri-State will specify that it will hold a required pre -construction meeting with the contractor to ensure that all applicable laws and Tri-State's Environmental Protection Measures for Construction Projects (see Table 1) will be followed. 6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. As shown on the Landscape Plan (Appendix F), areas to the north, east, west, and southwest of the substation would be reseeded with a midgrass native seed mix. One detention and water quality basin would be included on the northern side of the substation. The water quality feature to be constructed in the water quality basin is a "Water Quality Outlet Structure" per Urban Drainage Standards. The detention and water quality basin would be reseeded with a retention native seed mix. The proposed midgrass native seed mix is shown in Table 6. Table 6: Proposed Midgrass Native Seed Mix - - Species Common Name Pure Live Seed (1bstacre) Indian Ricegrass 3.4 Sand Bluestem 3.5 Sideoats Grama 1.8 Blue Grama 0.3 Prairie Sandreed 1.2 Slender Wheatgrass 2.6 Dotted Gayfeather 0.2 Western Wheatgrass 5.5 Prairie Coneflower 0.07 Plains Brittlegrass 1.0 Sand Dropseed 0.05 Hybrid Sterile Wheatgrass 15.0 Total 34.62 The proposed retention native seed mix is shown in Table 7. 17 Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities Table 7: Proposed Retention Native Seed Mix Species Common Name Pure:LiveSeed (lbs/acre) Sloughgrass 0.4 Smallwing Sedge 0.5 Nebraska Sedge 0.8 Creeping Spike Rush 0.5 Switchgrass 1.0 Western Wheatgrass, Arriba 4.5 Fowl Bluegrass 0.2 Softstem Bulrush 0.8 Alkaline Cordgrass 1.5 Prairie Cordgrass 1.2 Alkali Sacaton 0.2 Total 11.6 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. Tri-State will exercise care to preserve the natural landscape and will conduct its construction operations so as to prevent any unnecessary destruction, scarring, or defacing of the natural surroundings in the vicinity of the work. Tri-State's Environmental Protection Measures for Construction Projects (see Table 1) shall be implemented to minimize impacts to environmental resources. On completion of the work, all work areas except existing access roads and cultivated fields would be revegetated as soon as practical according to the Landscape Plan (Appendix F). Presently, Tri-State has no plans to decommission the Erie Substation and communication tower. Reclamation procedures when termination of the Use by Special Review activity occurs are not proposed. 8. Explain how the storm water drainage will be handled at the site. Subsurface drainage would not be impacted by the proposed Project. Erosion and discharge of pollutants from the proposed Project would be minimized through the implementation of a Stormwater Management Plan. This plan would be finalized when the final Project design is available for implementation prior to Project construction. This plan would likely include the use of sedimentation control measures, covering of exposed soils, reestablishment of vegetation after construction and other established best management practices that would control runoff and protect the nearby irrigation canal. A Colorado Discharge Permit System General Stormwater Permit would be obtained prior to construction. The drainage from the proposed Erie Substation expansion would be 18 Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities directed through perforated PVC pipes to a proposed detention and water quality basin located on the north side of the substation property. The detention and water quality basin would discharge the stormwater via an outlet control structure and storm sewer to an unnamed ditch located just south of Weld County Road 6. This unnamed ditch drains in a northerly direction and ultimately discharges into the Little Dry Creek approximately 1 mile north of the Project site. The Farmers Reservoir and Irrigation Company manages the Bull Canal on the southern side of the Erie Substation. Tri-State has entered into communications with the ditch company, and would comply with their requirements to avoid stormwater discharge into the Bull Canal and to prevent disturbance to the ditch company's 22 -foot access on either side of the Bull Canal. Appendix G contains communication with the ditch company. Construction of the Project would not create runoff in excess of previous site 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 and operation of the substation expansion and communication tower. Tri-State's Environmental Protection Measures for Construction Projects, presented in Section 2, contain a range of measures to ensure that the Project does not impact water quality. Appendix H contains a Drainage Report 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. Construction would begin in October 2009 and would last approximately six to eight months (Table 8). Disturbed areas would be reseeded at the end of the construction period. Table 8: Project Schedule —Milestone Dates to Meet In -Service Date Milestone Date Permit Approvals August 2009 Grading and Building Permits September 2009 Survey October 2009 Complete Design/Coordination May 2009 Order Structures June 2009 Construction October 2009 In -Service March 2010 10. Explain where storage and/or stockpile of wastes will occur on this site. Materials would be temporarily stored on site during construction. The total area for material storage, stockpile, and waste storage would be less than one acre. 19 Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities Dumpsters would be provided for construction waste and would be emptied on a regular or as -needed basis. There would be no permanent storage or waste stockpiles on site. Any Other Information Required by Planning Commission In accordance with Chapter 23, Article II, Division 4 of the Weld County Code, the following information is submitted with application materials: Name, Address and Telephone Number of the Applicants Mark Murray Permitting and Land Rights Manager Tri-State Generation and Transmission Association, Inc. 1100 West 116th Avenue Westminster, CO 80234 Tel: 303-254-3417 Name and Address of the Fee Owners of the Property Proposed for the Use by Special Review if Different from Above. Same as above. 20 Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities References ANSI/TIA (American National Standards Institute/Telecommunications Industry Association). 2005. Structural Standards for Antenna Supporting Structures and Antennas. ANSI/ TIA-222-G. August 2, 2005 Avery, M. L., P. F. Springer, and J. F. Cassel. 1976. The effects of a tall tower on nocturnal migration —a portable ceilometer study. Auk, 93: 281-291. BLM (Bureau of Land Management). 2005. Public Lands Survey System. CDOT (Colorado Department of Transportation). 2008. Road Data. 2005. Road Data. FAA (Federal Aviation Administration). 2009. Determination of No Hazard to Air Navigation. (FAA-2009-ANM-176-OE). Fort Worth, Texas. February 20. Gehring, J. and P. Kerlinger. 2007a. Avian collisions at communication towers, I: The role of tower height and guy wires. State of Michigan, March. _ 2007b. Avian collisions at communication towers, I: The role of Federal Aviation Administration obstruction lighting systems. State of Michigan, March. Kemper, C. A. 1996. A study of bird mortality at a west central Wisconsin TV tower from 1957-1995. The Passenger Pigeon 58:219-235. NAIP (National Agriculture Imagery Program). 2005. Base Map Data. National Hydrography Set. 2006. Surface Water Data. NRCS (Natural Resource Conservation Service). 2004. Soils Data. Plage, P. 2009. Personal communication between J. Belak, EDM International, and P. Plage, U.S. Fish and Wildlife Service. January 9. Weld County. 2005. County Jurisdictional and Parcel Data. 21 Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities This page intentionally left blank. 22 Erie Substation Chapter 23, Article II, Division 4 of the Weld County Code Substation Expansion and Telecommunications Facilities Chapter 23, Article II, Division 4 of the Weld County Code Sec. 23-2-240. Design standards. A. An applicant for a Use by Special Review shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT. 1. Adequate water service in terms of quality, quantity and dependability is available to the site to serve the USES permitted. Not applicable. Potable water for construction crews would be provided by a potable water supplier. Industrial water for construction use would be brought in by a water truck. None of this water would be drawn from the South Platte River. There would be no permanent water supply at the Project site. See Section 5h of the Use by Special Review Questionnaire for the Project. 2. Adequate sewer service is available to the site to serve the USES permitted. Not applicable. There are no plans for a permanent sewage disposal system associated with the Project. See Section 5i of the Use by Special Review Questionnaire for the Project. 3. If soil conditions on the site are such that they present moderate or severe limitations to the construction of STRUCTURES or facilities proposed for the site, the applicant has demonstrated how much limitations can and will be mitigated. See Section 2 of the Use by Special Review Questionnaire. 4. Adequate fire protection measures are available on the site for the STRUCTURES and facilities permitted. As described in Section 5g of the Use by Special Review Questionnaire for the Project, the Project is located in the Mountain View Fire District. All applicable fire laws and regulations, as outlined in the Colorado Revised Statutes (CRS) 31-16-601, would be observed during the construction period. Tri-State will advise construction personnel of their responsibilities under the applicable fire laws and regulations, including taking practical measures to report and suppress fires. 5. USES shall comply with the following stormwater management standards: a. Stormwater retention facilities shall be provided on site, which are designed to retain the stormwater runoff from the fully developed site from a one -hundred - 1 AIN Erie Substation Chapter 23, Article II, Division 4 of the Weld County Code Substation Expansion and Telecommunications Facilities year storm or as otherwise required by the Department of Public Works. In the case of a LIVESTOCK CONFINEMENT OPERATION (L.C.O.), wastewater collection, conveyance and retention facilities shall be designed and constructed in accordance with the Confined Animal Feeding Operation Control Regulations (5 CCR 1002-19). As described in Section 8 of the Use by Special Review Questionnaire for this Project, erosion and discharge of pollutants from the proposed Project would be minimized through the implementation of a Drainage and Grading Plan. This plan would be finalized when the final Project design is available for implementation prior to Project construction. This plan would likely include the use of sedimentation control measures, covering of exposed soils, and other established best management practices that would control runoff and protect the nearby irrigation canal. b. The drainage facilities shall be designed to release the retained water at a quantity and rate not to exceed the quantity and rate of a five-year storm falling on the UNDEVELOPED site. Construction of the Project would not create runoff in excess of previous site 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 and operation of the substation expansion and communication tower. Tri-State's Environmental Protection Measures for Construction Projects, presented in Section 2 of the Use by Special Review Questionnaire for this Project, contains a range of measures to ensure that the Project does not impact water quality. Prior to construction, a Storm Water Permit for Construction Activities would be acquired from the Colorado Department of Public Health and Environment. 6. All parking and vehicle storage shall be provided on the site; parking shall not be permitted within any public right-of-way. An adequate parking area shall be provided to meet the parking needs of employees, company vehicles, visitors and customers. During construction and operation, workers would park at the existing substation. The substation is closed to the public, thus public parking is not necessary. See Section 5f of the Use by Special Review Questionnaire for this Project. 7. The USE shall comply with all the SETBACK and OFFSET requirements of the zone district. This project is located within the A (Agricultural) Zone District. The minimum setback is 20 feet, and the minimum offset is 3 feet, or 1 foot for each 3 feet of building height 2 Erie Substation Chapter 23, Article II, Division 4 of the Weld County Code Substation Expansion and Telecommunications Facilities as defined in Section 23-3-50 of the Weld County Code. This project complies with the setback and offset requirements, as shown in Appendix A, Plot Plan. 8. The access shall be located and designed to be safe; ingress and egress shall not present a safety hazard to the traveling public or to the vehicle accessing the property. For USES generating high traffic volumes and large number of large, slow - accelerating vehicles, acceleration and deceleration lanes may be required to mitigate a potential traffic hazard. Acceleration and deceleration lanes would not be required. See Section 5f of the Use by Special Review Questionnaire for this Project. 9. New accesses to public rights -of -way shall be constructed using the following as minimum standards: a. Size of drainage structure —twelve (12) inches in diameter. b. Length of drainage structure —twenty (20) feet. c. Depth of cover over pipe —twelve (12) inches. d. Width of access —fifteen (15) feet. e. Maximum grade of access —fifteen percent (15%). f. Flare radius —twenty (20) feet. g. Depth of surfacing —four (4) inches. Standards exceeding these minimums may be required depending on the type and volume of vehicles generated by the type of USE proposed. Not applicable. This Project would not require new access to public rights -of -way. 10. Buffering or SCREENING of the proposed USE from ADJACENT properties may be required in order to make the determination that the proposed USE is compatible with the surrounding uses. Buffering or SCREENING may be accomplished through a combination of berming, landscaping and fencing. Landscaping around the substation would consist of reseeding disturbed areas with native seed mixes. This is described in Section 6 of the Use by Special Review Questionnaire for this Project 3 Erie Substation Chapter 23, Article II, Division 4 of the Weld County Code Substation Expansion and Telecommunications Facilities 11. Uses by Special Review in the A (Agricultural) Zone District shall be located on the least prime soils on the property in question unless the applicant can demonstrate why such a location would be impractical or infeasible. All soils within the Project Area are classified as prime soils. As this Project is an upgrade of an existing substation, it is infeasible to locate the Project in another location. See Section 2 of the Use by Special Review Questionnaire for this Project. B. If the Special Review Permit for a MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY is approved, the Planning Commission shall arrange for the Department of Planning Services to record the appropriate Facilities Plan, Utility Line or Selected Route Map with the County Clerk and Recorder. (Weld County Codification Ordinance 2000-1) Noted. Sec. 23-2-250. Operation standards. An applicant for a Special Review Permit shall demonstrate conformance with the following operation standards in the Special Review Permit application to the extent that the standards affect location, layout and design of the Use by Special Review prior to construction and operation. Once operational, the operation of the USES permitted shall conform to these standards. A. The operation of the USES shall comply with the noise standards enumerated in Section 25-12-101, C.R.S. The Project would be constructed and maintained in accordance with Colorado Revised Statutes 25-12-101 et seq. (Noise Abatement) and Article IX, Section 14-9-10 et seq. of the Weld County Code. See Section 2 of the Use by Special Review Questionnaire for this Project. B. The operation of the USES shall comply with the air quality regulations promulgated by the Colorado Air Quality Control Commission. Impacts to air quality would be minimal and limited to the construction period. See Tri- State's Environmental Protection Measures for Construction Projects in Section 2 of the Use by Special Review Questionnaire for this Project for air quality mitigation measures. C. The operation of the USES shall comply with the water quality regulations promulgated by the Colorado Water Quality Control Commission. Impacts to water quality would be minimal and limited to the construction period. See Tri- State's Environmental Protection Measures for Construction Projects in Section 2 of the Use by Special Review Questionnaire for this Project for water quality mitigation measures. 4 Erie Substation Chapter 23, Article II, Division 4 of the Weld County Code Substation Expansion and Telecommunications Facilities D. The USES shall comply with the following lighting standards: 1. Sources of light, including light from high -temperature processes such as combustion or welding, shall be shielded so that light rays will not shine directly onto ADJACENT properties where such would cause a nuisance or interfere with the USE on the ADJACENT properties; and The lighting for the substation is designed as minimal stumble lights to prevent falling or running into equipment. The lights would be pointed downwards and have glare shields. See Section 5d of the Use by Special Review Questionnaire for this Project. 2. Neither direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS and no colored lights may be used which may be confused with or construed as traffic control devices. The lighting for the substation would be pointed downwards and have glare shields. The tower lighting would be in compliance with Federal Aviation Administration regulations. See Section 5d of the Use by Special Review Questionnaire for this Project. E. The USES shall not emit heat so as to raise the temperature of the air more than five degrees (5°) Fahrenheit at or beyond the LOT line. The proposed substation upgrade and communication tower would not raise the temperature of the air more than 5 degrees Fahrenheit at or beyond the lot line. See Section 4 of the Use by Special Review Questionnaire for this Project. F. Property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. In no event shall the property owner allow the growth of NOXIOUS WEEDS. Tri-State's Environmental Protection Measures for Construction Projects contains a description of revegetation and noxious weed control, as shown in Section 2 of the Use by Special Review Questionnaire for this Project. G. Any off -site and on -site improvements agreement shall be made in conformance with the County policy on collateral for improvements. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2007-1) Not applicable. No off -site improvements planned for this project. 5 Erie Substation Chapter 23, Article II, Division 4 of the Weld County Code Substation Expansion and Telecommunications Facilities Sec. 23-2-260. Application requirements. A. The purpose of the application is to give the petitioner an opportunity to demonstrate through written and graphic information how the proposal complies with the standards of this Chapter. The following supporting documents shall be submitted as a part of the application except for those items determined by the Director of Planning Services, in writing, or the Board of County Commissioners, on the record, to be unnecessary to a decision on the application: 1. A statement which explains that the proposal is consistent with Chapter 22 of this Code and any other applicable code provision or ordinance in effect. The Weld County Code, Chapter 22, Comprehensive Plan, has been reviewed and the proposed substation expansion is consistent with the intent of the Comprehensive Plan, including Land Use, Environmental Resources, and Natural Resources. See Section 2 of the Use by Special Review Questionnaire for this Project. 2. A statement which explains that the proposal is consistent with the intent of the district in which the USE is located. The Project area is located within the Agricultural Zone District. Major facilities of public utilities are uses allowed within the Agricultural Zone District. See Section 3 of the Use by Special Review Questionnaire for this Project. 3. A statement which explains that the USES which would be permitted will be compatible with the existing surrounding land USES. Tri-State currently owns the land to be used for the substation expansion and construction of the communications tower. The surrounding mosaic of land uses encompass both historical and current agricultural activities; rural communities, encroaching residential development; an expanding network of roads and highways, including I-25, which is approximately 1 mile to the west of the Project site; utility corridors; oil and gas extraction and mineral developments; and commercial businesses. A concrete/gravel operation located to the south, an abandoned poultry feedlot immediately to the west, and a steel construction business immediately to the north can all be observed from the Project site, while the proposed tower site itself is located immediately northwest of the existing Erie Substation and within the permitted substation expansion area. This Project would be consistent and compatible with the existing surrounding land uses. See Section 4 of the Use by Special Review Questionnaire for this Project. 6 Erie Substation Chapter 23, Article II, Division 4 of the Weld County Code Substation Expansion and Telecommunications Facilities 4. A statement which explains that the USES which would be permitted will be compatible with the future DEVELOPMENT of the surrounding area as permitted by the existing zone and with future DEVELOPMENT as projected by Chapter 22 of this Code and any other applicable code provision or ordinances in effect, or the adopted MASTER PLANS of affected municipalities. This use is consistent with the future development of the surrounding area as permitted by the existing zoning and as projected by Chapter 22 of this Code. See Section 1 of the Use by Special Review Questionnaire for this Project. 5. A statement which explains that the application complies with Article V of this Chapter if the proposal is located within any Overlay District Area identified by maps officially adopted by the COUNTY. The Project area is within a Geological Hazard Overlay District Area as defined in Article V. The applicant would obtain a Geologic Hazard Overlay District Development Permit as required by Article V prior to construction. See Section 4 of the Use by Special Review Questionnaire for this Project. 6. A statement which explains that if the USE is proposed to be located in the A (Agricultural) Zone District, the applicant has demonstrated a diligent effort has been made to conserve prime agricultural land in the locational decision for the proposed USE. All of the Project area is within prime agricultural land. Because this Project is an upgrade of an existing substation, it is not feasible to locate the Project in another location. See Section 2 of the Use by Special Review Questionnaire for this Project. 7. A statement which explains that there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY. Tri-State shall comply with applicable regulatory compliance standards for public health and safety. Although the potential does exist, due to stringent safety measures during construction and operation, hazards of fire, explosion, or other danger to the health, safety, and welfare of employees or the general public are not anticipated. See Section 2 of the Use by Special Review Questionnaire for this Project. 7 Erie Substation Chapter 23, Article II, Division 4 of the Weld County Code Substation Expansion and Telecommunications Facilities B. The following general information shall be submitted: 1. Name, address and telephone number of the applicants. Submitted within the Any Other Information Required by Planning Commission Section of the Use by Special Review Questionnaire for this Project. 2. Name and address of the fee owners of the property proposed for the Use by Special Review if different from above. Submitted within the Any Other Information Required by Planning Commission Section of the Use by Special Review Questionnaire for this Project. 3, Legal description of the property under consideration. See Appendix K, Deed to Property. 4. Total acreage of the parcel under consideration The total acreage of the parcel under consideration is 51.615 acres. 5. Existing land USE of the parcel under consideration. See Section 4 of the Use by Special Review Questionnaire for this Project. 6. Existing land USES of all properties ADJACENT to said parcel. See Section 4 of the Use by Special Review Questionnaire for this Project. 7. Present zone and overlay zones, if appropriate See Section 3 of the Use by Special Review Questionnaire for this Project. 8. Signatures of the applicant and fee owners or their authorized legal agent. Signatures of the applicant and fee owners are included in the USR checklist for this Project. 9. A certified list of the names, addresses and the corresponding Parcel Identification Numbers assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. The source of such list shall be the records of the County Assessor, or an ownership 8 Erie Substation Chapter 23, Article II, Division 4 of the Weld County Code Substation Expansion and Telecommunications Facilities update from a title or abstract company or attorney derived from such records, or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. See Appendix N: Affidavit of Surface Property Owners within the Use by Special Review Questionnaire for this Project. 10. The written certification required by Section 24-65.5-103.3, C.R.S., if applicable. Such certification may be submitted on the date of the initial public hearing referred to in Section 24-65.5-103(1), C.R.S. Communication with the well owner on the property and mineral ownership listing is provided in Appendix I. 11. The applicant shall provide the Department of Planning Services with a certificate from the County Treasurer showing no delinquent taxes for the parcel area. The statement of taxes is attached to this document. 12. Proposed LANDSCAPE plans. See Appendix F within the Use by Special Review Questionnaire for this Project. 13. The applicant shall submit to the Department of Planning Services a copy of an agreement with the mineral owners associated with the subject property. Such agreement shall stipulate that the oil and gas activities on the subject property have been adequately incorporated into the design of the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject property. See Appendix I within the Use by Special Review Questionnaire for this Project. 14. The applicant shall submit signed copy of the notice of inquiry form demonstrating that the IGA municipality does not wish to annex if required by the IGA. Not applicable. 15. A proposed plan for installation of desired signs following the standards set forth in Chapter 23, Article IV, Division 2. No new signage is planned. 9 Erie Substation Chapter 23, Article II, Division 4 of the Weld County Code Substation Expansion and Telecommunications Facilities C. A detailed description of the proposed operation and USE shall be supplied. Details for the following items, when applicable, are required: 1. Type of USE for which the application is being made. See Section 1 of the Use by Special Review Questionnaire for this Project. 2. Proximity of the proposed USE to residential STRUCTURES. There are four existing residences within a 0.5 -mile buffer of the existing Erie Substation, as discussed in Section 2 of the Use by Special Review Questionnaire for this Project. 3. The number of shifts to be worked and the maximum number of employees. See Sections 5a, 5b, and 5c of the Use by Special Review Questionnaire for this Project. 4. The maximum number of users, patrons, members, buyers or other visitors that the use by special review facility is designed to accommodate at any one (1) time. Not applicable. This facility is not open to the public. See Section 5c of the Use by Special Review Questionnaire for this Project. 5. Types and maximum numbers of animals to be concentrated on the site at any one (1) time. Not applicable. There would be no animals on the site. See Section 5e of the Use by Special Review Questionnaire for this Project. 6. Types and numbers of operating and processing equipment to be utilized. See Section 5d of the Use by Special Review Questionnaire for this Project. 7. Type, number and USES of the proposed STRUCTURES to be erected. See Section 5d of the Use by Special Review Questionnaire for this Project. 8. Type, size, weight and frequency of vehicular traffic and access routes that would be utilized. See Section 5f of the Use by Special Review Questionnaire for this Project. 10 Erie Substation Chapter 23, Article II, Division 4 of the Weld County Code Substation Expansion and Telecommunications Facilities 9. Domestic sewage facilities. Sanitary portable toilets, including a regular cleaning service, would be provided for the construction crew. There are no plans for a permanent sewage disposal system associated with the Project. See Section 5i of the Use by Special Review Questionnaire for this Project. 10. Size of stockpile, storage or waste areas to be utilized. There would be temporary storage of construction materials at the Project site. Enclosed containment would be provided for all trash. All construction waste, including trash and litter, garbage, other solid waste, petroleum products, and other potentially hazardous materials would be removed to a disposal facility authorized to accept such materials. There would be no significant amounts of hazardous materials stored in the Project area. See Section 5j of the Use by Special Review Questionnaire for this Project. 11. Method and time schedule of removal or disposal of debris, JUNK and other wastes associated with the proposed USE. There would be temporary storage of construction materials at the Project site. Enclosed containment would be provided for all trash. All construction waste, including trash and litter, garbage, other solid waste, petroleum products, and other potentially hazardous materials would be removed to a disposal facility authorized to accept such materials. There would be no significant amounts of hazardous materials stored in the Project area. See Section 5j of the Use by Special Review Questionnaire for this Project. 12. A time table showing the periods of time required for the construction of the operation. The construction period is anticipated to be six to eight months. See Section 5b of the Use by Special Review Questionnaire for this Project. 13. Proposed LANDSCAPE plans. See Appendix F within the Use by Special Review Questionnaire for this Project. 14. Reclamation procedures to be employed as stages of the operation are phased out or upon cessation of the Use by Special Review activity. Reclamation of the site is not anticipated at this time. However, revegetation and restoration are planned for construction disturbance. Tri-State's Environmental 11 Erie Substation Chapter 23, Article II, Division 4 of the Weld County Code Substation Expansion and Telecommunications Facilities Protection Measures for Construction Projects, included within Section 2 of the Use by Special Review Questionnaire for this Project, addresses site reclamation of disturbed areas. 15. A statement delineating the need for the proposed USE. Tri-State is proposing to upgrade its existing Erie 115 -kV Switchyard by adding a 230 -kV switchyard to improve electric service to consumers of its member cooperative. The Erie Switchyard would also become a "hub" to Tri-State's communication system, satisfying the newly implemented Federal Energy Regulatory Commission rule that requires major utilities to have a second source of backup control and dispatch. One 185 -foot -tall communication tower would be located within the Erie Switchyard to provide line sight to other critical communications sites. See Section 1 of the Use by Special Review Questionnaire for this Project. 16. A description of the proposed fire protection measures. See Section 5g of the Use by Special Review Questionnaire for this Project. 17. Such additional information as may be required by the Department of Planning Services, the Planning Commission or the Board of County Commissioners in order to determine that the application meets the requirements of this Chapter and the policies of Chapter 22 of this Code. Noted. D. Special Review Permit Plan Map. 1. The map shall be delineated on reproducible material approved by the Department of Planning Services. The map would be provided in hard copy and electronic format. 2. The dimensions of the map shall be thirty-six (36) inches wide by twenty-four (24) inches high. Noted. See Plot Plan (Appendix A) and Vicinity Map (Appendix B) within the Use by Special Review Questionnaire for this Project. 3. The Special Review Permit Plan Map shall include certificates for the property owner's signature, the Planning Commission, the Board of County Commissioners 12 Erie Substation Chapter 23, Article II, Division 4 of the Weld County Code Substation Expansion and Telecommunications Facilities and the Clerk to the Board. The required content of the certificates is available from the Department of Planning Services. Noted. See Plot Plan (Appendix A) and Vicinity Map (Appendix B) within the Use by Special Review Questionnaire for this Project. 4. Vicinity Map. A vicinity map shall be drawn on the Use by Special Review Permit Plan Map. a. The scale of the vicinity map shall be one (1) inch equals two thousand (2,000) feet or at another suitable scale if approved by the Department of Planning Services. Noted. See Vicinity Map (Appendix B). b. The vicinity map shall delineate all of the required information within a one-half ('/) mile radius of the property proposed for the Use by Special Review. c. The following information shall be shown on the vicinity map: 1) Section, Township and range. Noted. See Vicinity Map (Appendix B). 2) Scale and north arrow. Noted. See Vicinity Map (Appendix B). 3) Outline of the perimeter of the parcel proposed for the Use by Special Review. Noted. See Vicinity Map (Appendix B) 4) The general classifications and distribution of soils over the parcel under consideration. Soil classification names and agricultural capability classifications must be noted in the legend. Noted. See Vicinity Map (Appendix B). 5) Locations and names of all roads, irrigation ditches and water features. Noted. See Vicinity Map (Appendix B). 6) Location of all residences within a one -half -mile radius, existing and proposed accesses to the property proposed for the Use by Special Review, 13 fia Erie Substation Chapter 23, Article II, Division 4 of the Weld County Code Substation Expansion and Telecommunications Facilities any abutting subdivision outlines and names, and the boundaries of any ADJACENT municipality. Noted. See Vicinity Map (Appendix B). 7) Any other relevant information within a one -half -mile distance of the perimeter property proposed for the Use by Special Review as may be reasonably required by the COUNTY to meet the intent and purpose of this Chapter.5. Plot Plan. A plot plan of the Use by Special Review area shall be drawn on the Special Review Permit Plan Map. a. The scale of the plot plan shall be one inch (1") equals one hundred feet (100) or at another suitable scale if approved by the Department of Planning Services. Noted. See Plot Plan (Appendix A). b. The plot plan shall outline the Boundaries of the parcel being considered for the Use by Special Review. Noted. See Plot Plan (Appendix A). c. The plot plan shall include the location and identification of all of the following items which exist within a two -hundred -foot radius of the boundaries of the Use by Special Review area, as well as within the area itself; it shall also include the proposed features and STRUCTURES of the Use by Special Review: All public rights -of -way of record (including names). All existing and proposed STRUCTURES. All utility easements or rights -of -way for telephone, gas, electric, water and sewer lines. Irrigation ditches. Adjacent property lines and respective owners' names (may be shown on vicinity map instead). All hydrographic features including streams, rivers, ponds and reservoirs (including names). Topography at two -foot contour intervals or at intervals as determined necessary by the Department of Planning Services. Location of areas of moderate or severe soil limitations as defined by the Natural Resources Conservation Service or by a soil survey and study prepared by a soils engineer or scientist for the USES and associated STRUCTURES proposed for the parcel. Location and design of stormwater management devices or STRUCTURES. 14 Erie Substation Chapter 23, Article II, Division 4 of the Weld County Code Substation Expansion and Telecommunications Facilities Complete traffic circulation and parking plan showing locations and sizes. Location, amount, size and type of any proposed LANDSCAPE material, including fencing, walls, berms or other SCREENING. Location of any flood hazard, GEOLOGIC HAZARD or mineral resource areas. The location of any sign requiring zoning approval. Distances from property lines shall be indicated. Such additional information as may be reasonably required by the Department of Planning Services, the Planning Commission or the Board of County Commissioners in order to determine that the application meets the requirements of this Chapter, the policies of Chapter 22 of this Code and any other applicable code provision or ordinance in effect. All requirements noted. See Plot Plan (Appendix A). E. Supporting Documents. The following supporting documents shall be submitted as part of the application: 1. Where an authorized legal agent signs the application for the fee owners, a letter granting power of attorney to the agent from the owners must be provided. Not applicable. 2. Proof that a water supply will be available which is adequate in terms of quantity, quality and dependability (e.g., a well permit or letter from a water district). Not applicable. 3. Copy of the deed or legal instrument by which the applicant obtained an interest in the property under consideration. The Deed to Property is provided in Appendix K of the Use by Special Review Questionnaire for this Project. 4. A noise report, unless waived by the Department of Planning Services, documenting the methods to be utilized to meet the applicable noise standard. Not applicable. 15 Erie Substation Chapter 23, Article II, Division 4 of the Weld County Code Substation Expansion and Telecommunications Facilities 5. A soil report of the site prepared by the Natural Resource Conservation Service or by a soils engineer or scientist. In those instances when the soil report indicates the existence of moderate or severe soil limitations for the USES proposed, the applicant shall detail the methods to be employed to mitigate the limitations. See Appendix M within the Use by Special Review Questionnaire for this Project. 6. If applicable, an Improvements Agreement executed by the applicant. This agreement shall be in accordance with the County policy and documents for collateral for improvements. Not applicable. 7. For a RESIDENTIAL THERAPEUTIC CENTER, submittal of a report demonstrating the need for the facility; data about the background, experience and financial capacity of the proposed operator; applicable licenses; and analysis of the impact of the facility to the area and any other information relevant to evaluating the compatibility of the proposed facility. The County may waive or modify these requirements, particularly if there is a risk of harm to the future occupants (e.g., case of a domestic violence shelter). Not applicable. 16 Ede Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities Appendix C: Environmental Report and Environmental Assessment/Finding of No Significant Impact Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities This page intentionally left blank. Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities Environmental Report One copy of the Environmental Report is on file with the Weld County Planning Department. Erie Environmental Report Executive Summary An Environmental Report (ER) for the Erie communication tower and associated facilities was submitted to RUS in February 2009 as part of Tri-State's application requirements. The ER provides a description of the proposed Project, an analysis of alternatives, and the affected environment, a discussion of natural and cultural resources in and around the Project site. The purpose of the proposed Project is to establish a telecommunications hub at the Erie Substation within the permitted substation expansion area. One self-supporting 185 -foot galvanized steel telecommunication tower, with an associated communication building and 500 gallon propane tank would be located within the Erie Switchyard. The new communication tower would satisfy the newly implemented Federal Energy Regulatory Commission rule that requires major utilities to have a second source of backup control and dispatch. Two transmission system alternatives were evaluated for the proposed project. Alternative 1: No Action describes the status quo if this Project is not constructed. The Proposed Action describes the Proposed Project as described in Section 1 of this Use by Special Review Questionnaire. The affected environment section of the ER contains a description of the following resources and the extent within the Project site: air quality, vegetation, wildlife resources, cultural resources, land use, visual resources, and noise. Many of these resources are discussed in Section 2 of this Use by Special Review Questionnaire. This Project is not anticipated to negatively impact any natural or cultural resources. Environmental Assessment/Finding of No Significant Impact One copy of the Environmental Assessment Finding of No Significant Impact are on file with the Weld County Planning Department Beaver Creek -Hoyt -Erie Transmission Line Rebuild Project Executive Summary An Environmental Assessment (EA) was prepared by the U.S. Department of Energy Western Area Power Administration (Western) in 2005 to rebuild the existing Beaver Creek - Hoyt and Hoyt -Erie 115 -kV transmission lines as a double circuit 230 -kV transmission line; the expansion of the Erie Substation to accommodate the 230 -kV circuits is part of the proposed Project. The EA provides a description of the proposed Project, an analysis of alternatives, and an analysis of the affected environment and environmental consequences of the Project. Western issued a Finding of No Significant Impact (FONSI) for this Project on November 16, 2005. 1 p Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities Three transmission system alternatives are evaluated for the proposed Project in addition to the Proposed Action alternative. The No Action alternative describes what would happen if this Project is not constructed; the conclusion is that the No Action alternative would result in a reduction in capacity and would negatively affect the transmission system of southeastern Wyoming and northeastern Colorado. Two routing alternatives are evaluated in this EA for portions of the proposed Project in Morgan County. The Proposed Action describes the Proposed Project, including the Erie Substation expansion as described in Section 1 of this Use by Special Review Questionnaire. The communication tower and associated facilities were not evaluated in this EA; a separate Environmental Report (ER) was submitted to Rural Utilities Service (RUS) for the communication tower and facilities in February 2009. The EA evaluates the short term and long term impacts that may result from the construction and operation of the proposed action and alternatives. Impacts are assessed by resource, and include the project area that may be affected either directly or indirectly by the proposed project. All impacts have been determined to be less than significant with implementation of Western's standard practices and project -specific mitigation measures. The EA contains a description of the affected environment, environmental impacts, and mitigation measures for the following resources: air quality, geology and soils, paleontology, water resources, vegetation, wildlife, special status and sensitive species, cultural resources, land use, visual resources, socioeconomics and community resources, transportation, and cumulative impacts. The majority of impacts of this project would be localized and short-term in nature; the only long-term impacts would be limited to the transmission structures and the expansion area of the Erie Substation. Any cumulative impacts to resources would be minor. Many of these resources are discussed in Section 2 of this Use by Special Review Questionnaire. 2 Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities Appendix D: FM Determination of No Hazard to Air Navigation a Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities This page intentionally left blank. Federal Aviation AAttiinistration Air Traffic Airspace Branch, ASW-520 2601 Meacham Blvd. Fort Worth, TX 76137-0520 Issued Date: 02/20/2009 Jeff Selman Tri-State Generation & Transmission Assoc., Inc. 1100 W.116th Ave PO Box 33695 Westminster, CO 80233 Aeronautical Study No. 2009-ANM-176-OE ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Antenna Tower Erie Switch Tower Location: Erie, CO Latitude: 40-01-40.00N NAD 83 Longitude: 104-57-24.80W Heights: 185 feet above ground level (AGL) 5325 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking and/or lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance with FAA Advisory circular 70/7460-1 K Change 2. This determination expires on 08/20/2010 unless: (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. This determination is based, in part, on the foregoing description which includes specific coordinates , heights, frequency(ies) and power . Any changes in coordinates , heights, and frequencies or use of greater power will void this determination. Any future construction or alteration , including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. Page 1 of 3 oak This determination does include to., rorary construction equipment such as crQs, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. A copy of this determination will be forwarded to the Federal Communications Commission if the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at (310) 725-6591. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2009-ANM-176-OE. Signature Control No: 618762-108351325 Tameria Burch Technician Attachment(s) Frequency Data Page 2 of 3 (DNE) 4,requency Data for ASN 2009-ANM-1_,,OE LOW HIGH FREQUENCY FREQUENCY FREQUENCY UNIT ERP ERP UNIT 6525 6875 MHz 30 Page 3 of 3 dBm Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities Appendix E: Visual Simulations Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities This page intentionally left blank H W O z_ O O J W cn z O p m U) W H L O W O J Q 0 J W }- Q 2 0 Et a r 0 Q O >- H z O U 0 -J W 0 J a 0 O 2 CL • Co z 0 I- a z 0 O C� z I- U) W , Irk • • Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities Appendix G: Communication with Ditch Company TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. HEADQUARTERS: P.O. BOX 33695 DENVER, COLORADO 80233-0695 December 11, 2008 Mr. Manuel Montoya General Manager Farmers Reservoir and Irrigation Company 80 South 271hAvenue Brighton, CO 80601 RE: Brookman/Tri-State Application for a Recorded Exemption N'/2 NW 'A Section 25, TIN, R68W; 6'I' P.M. Weld County, Colorado, Case RE -4852 FRICO Project No. 3832/Brookman; John & Carolyn Concerns in Letter Dated October 3, 2008 to Weld County Planning Department Dear Mr. Montoya: 303-452-6111 As per our telephone conversation on December 8, 2008, enclosed are a check in the amount of $1,000.00 as an application fee, survey of the Bull Canal as part of Tri-State's "Conceptual Plan Exemption Parcels" (dated 2-7-2001), a pre -submittal (mark-up) Plat of the Recorded Exemption No. 1467-25-2 RE -4852, an aerial photo illustrating the two lot exemption including an approximate future expansion of the Erie Substation, and the October 3, 2008 FRICO to Weld County Planning Department letter. John Brookman and Carolyn Brookman are seeking a `Two -Lot Recorded Exemption" with Weld County in order to sell "Lot B" (consisting of approximately 25 acres) to Tri-State Generation and Transmission Association, Inc. (Tri-State) for the expansion of the Erie Electrical Substation. The original substation was built in 2003. The new proposed addition to the electrical substation will be built to the west and north of the original and double its size. The subject property slopes to the north causing the natural drainage to flow to the north. The Bull Canal is located to the south of the substation with the northerly right-of-way boundary of the Bull Canal being part of the southern property line of the subject property the proposed Recorded Exemption 1467 -25 -2 - RE -4852. Tri-State will not allow storm drainage from its property to flow into the Bull Canal. Tri-State will be responsible at its own cost for the construction of any storm diversion devices to protect the Bull Canal from storm water drainage. Tri-State will respect and observe FRICO's 22' access, which is located on either side of the Bull Canal. Tri-State will not breach, impede, obstruct and, or diminish FRICO's access. The access off Weld County Road 6 will provide Tri-State ingress and egress to the Erie Substation. Hopefully, this addresses FRICO's concerns. Tri-State will provide you a copy of the completed Plat after County approval. Also Tri-State will provide you a copy of the grading plan when completed. If you have any further questions or concerns please feel free to telephone me at (303) 254-3325 or by e- mail, bnorem@tristategt.org. We respect your concerns and appreciate your cooperation with our exemption and Erie Substation expansion project. Sincerely, Burton C. Norem Senior Land Specialist Enclosures AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER CRAIG STATION A Touchstone Energy'Coorerative *i,:f P.O. BOX 1307 CRAIG, CO 81626.1307 970.824.4411 ESCALANTE STATION P.O. BOX 577 PREWIIT, NM 87045 505.876.2271 NUCLA STATION P.O. BOX 698 NUCLA, CO 81424.0698 970-864-7316 elTRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. HEADQUARTERS: P.O. BOX 33695 DENVER, COLORADO 80233-0695 April 6, 2009 Mr. Manuel Montoya General Manager Farmers Reservoir and Irrigation Company 80 South 27`'' Avenue Brighton, CO 80601 RE: Application for Project Review Lot B, Recorded Exemption No. 1467-25-2 RE -4852 Within part of N '/2 NW 'h Section 25, TIN, R68W; 6ih P.M. Weld County, Colorado, Case RE -4852 Dear Mr. Montoya: 303-452-6111 Please find enclosed a Tri-State executed "Application for Project Review" for Tri-State's Erie Switchyard expansion and a copy of the deed and Recorded Exemption No. 1467-25-2 RE -4852 plat . The $1,000 application fee was sent to you in a letter dated December 11, 2008. Tri- State's Engineering Department is preparing a grading and drainage plan for its property. The grading and drainage plan will contain the future plans of the property for the next twenty-five years as well as the first phase of expansion which will happen this autumn. The grading and drainage plan should be complete by the end of the month. At that time, a copy will be sent to you and your engineer, Steve Kitterman with ERC. The following is a short synopsis of Tri-State's expansion of the Erie Switchyard on its property which contains the Bull Canal which is fee owned by Farmers Reservoir and Irrigation Company (FRICO). The Switchyard development will take place on the land north of the Bull Canal and will have little affects if any on the canal. The drainage for the property is to the north and away from the Bull Canal. Precautions will be taken to prevent storm runoff water from draining into the Bull Canal. FRICO's access on either side of the canal will be observed by Tri-State and realizes that the canal has to be dredged from time to time. Tri-State is proposing to upgrade its existing Erie 115 -kV Switchyard by adding a 115 kV/230 kV transformer to improve electric service to consumers of its member cooperative. In 2003, Tri- State built the original Erie Switchyard, which was supplied by the Western Area Power Administration's (WAPA) Hoyt to Terry Street 115 -kV Transmission Line to serve the growth of the communities of southwestern Weld County and the Brighton area in Adams County. This transmission line runs from southwestern Morgan County to Longmont. At that time, Tri-State built the Erie to Dacono to Rinn Valley to Del Camino 115 -kV Transmission Line to serve the distribution needs of its local member system, United Power (Brighton, Colorado). The existing Erie 115 -kV Switchyard consists of breakers, switches, bus work, and a steel monopole communication tower (40 feet in height). The communication tower provides essential metering, system protection, and Supervisory Control and Data Acquisition (SCADA) controls. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER CRAIG STATION P.O. BOX 1307 CRAIG, CO 81626-1307 970.824.4411 A Touchstone Energy' Cooperative ). ESCALANTE STATION P.O. BOX 577 PREWITT, NM 87045 505.876-2271 NUCLA STATION P.O. BOX 698 NUCLA, CO 81424.0698 970-864-7316 Mr. Manuel Montoya April 6, 2009 Page 2 Continued growth from Morgan County, Adams County, and Weld County has caused low voltage, reduced capacity, and reliability problems to transmission lines in the area, affecting not only Tri-State and its members but also Public Service Company of Colorado (PSCo). The Hoyt to Terry Street 115 -kV Transmission Line can no longer adequately serve the area. To remedy the electrical needs, WAPA plans to improve its existing transmission line system by upgrading and rebuilding its Hoyt to Terry Street 115 -kV single circuit transmission line to a double -circuit 115-kV/230-kV transmission line. The new transmission line would be known as the Beaver Creek to Erie 115 -kV and Story to Erie 230 -kV Double -Circuit Transmission Line and would be approximately 80 miles in length and stem from the southern side of the Erie Substation. The 230-kV/115-kV transformer at the Erie Switchyard would add reliability and capacity of a second source of electricity from the new double -circuit transmission line. The additional service would meet the estimated needs and growth requirements until 2030 for two of Tri-State's member systems: United Power and Morgan County Rural Electric Association. The project will upgrade the existing transmission system to increase capacity and improve electric service and reliability. It will provide reliable electric service to new homes and businesses in the area, including large manufacturers. The communication tower will supplement the newly implemented regulations requiring major utilities to have a second source of backup control and dispatch as well as the primary control and dispatch center. The communication tower at the Erie Switchyard will become a "hub" to Tri-State's communication system. A "hub" is a collector point for communication information, where it is gathered and sent along to other points. The points being Tri-State's dispatch and control center in Westminster as well as to other "hubs" within the utility communications system network. One communication tower (185 feet in height) would be located within the Erie Switchyard to provide line sight to other critical communications sites. In order to serve WAPA's double -circuit 115-kV/230-kV transmission line, the Erie Switchyard must be expanded. To interconnect the 230 -kV system to the 115 -kV system at the Erie Switchyard, additional bus work and power circuit breakers will be installed in the 115 -kV yard to provide reliable switching and fault interruption for the transformer and the 230 -kV line. Other additions to the switchyard include a new transformer, switches, a communications equipment shelter, and a communication tower (185 feet in height). The present fenced area of the Erie Switchyard will expand from 1.6 acres to approximately 5.5 acres in this first phase of expansion. The switchyard will remain unmanned and no water or waste disposal system will be required. Tri-State is planning to begin work on this project in the early autumn of 2009 and be in full operation by 2010. Tri-State is a wholesale electric power supplier owned by the 44 electric cooperatives that it serves. Tri-State generates and transports electricity to its member systems throughout a 250,000 -square -mile service territory across Colorado, Nebraska, New Mexico, and Wyoming. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER A Touchstone Energy' Cooperative ictix • • Mr. Manuel Montoya April 6, 2009 Page 3 Tri-State was founded in 1952 and today supplies power for approximately 1.4 million consumers in the four states. Tri-State serves its member systems through a combination of owned base load, intermediate, and peaking power plants that use coal and natural gas as their primary fuels, supplemented by purchased power, federal hydroelectricity allocations, and renewable energy. If you have any further questions or concerns please feel free to telephone me at (303) 254-3325 or by e-mail, bnorem@tristategt.org. We respect your concerns and appreciate your cooperation with our exemption and Erie Substation expansion project. Burton C. Norem Senior Permitting and Land Specialist Enclosures AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER A Touchstone EnereCooperative ybi REVIEW PROCESS PROJECT NAME NO APPLICATION NEEDED o SERF [j TEMP FILE C MM REVIEW PLANS RECEIVE SIGNED PPLICATION, CHEC ► D PLANS ML DRAFTS XING PERMIT Il XING FEE FRICO RECEIPTS CC LEADS AND GM FOR REVIEW CALL COMES IN OR REFERRAL �i FILE # IF REFERRAL WAIT FOR SERF n RESPONSE REC VE Jt SERF MM RECEIVE SIGNED SIGNED ` APPLICATION AND PPLICATIONi CHECK SERF [] MAKE TEMP FILE / CC GENEVA, ML � CDAN, LEADS,TROY AND STEVE TO PROCEED WITH PROCESS FINAL REVIEW FINAL AGREEMENT BILL BACKS RECEIVE XING FEE MM I I NOT FRICO 'S PROBLEM c-) or. a..SeA' "t‘) QC LvQA t ("NT) Ms? •e �) \C_Qpp SIGNED AGREEMENT WI PLANS SCANNED/SERF [] CC TROY -STEVE -GS -DH 2 I rt,R4 v ? ,,?gr'&:„ir(o,r `l p/Oer Pd/i /AS -BUILT DRAWINGS & N ACCEPTANCE ./ \ FORM PERM FILE • • APPLICATION FOR PROJECT REVIEW PROJECT TITLE: Erie Switchyard Expansion & Telecommunications Facility NATURE OF PROJECT: ON FRICO PROPERTY X OFF FRICO PROPERTY DATE: Aprill, 2009 UTILITY CROSSING (DESCRIBE) ROADWAY CROSSING PEDESTRIAN CROSSING CANAL RELOCATION CHANGE HISTORIC DRAINAGE PATTERN COMMERCIAL DEVELOPMENT INDUSTRIAL DEVELOPMENT RESIDENTIAL DEVELOPMENT X OTHER (DESCRIBE) Tri-State is expanding its Erie Switchyard facility, which was originally constructed in 2003, it will include a new 185' communication tower. OWNER OF PROPOSED PROJECT (COMPANY, ADDRESS, PHONE & EMAIL) _Tri-State Generation & Transmission Assoc., Inc. PH (303) 452-6111 P. O. Box 33695 Denver, CO 80233-0695 CONTACT PERSON Burton Norem PH (303) 254-3325 EMAIL ADDRESS bnorem@tristategt.org OWNER'S ENGINEER (COMPANY, ADDRESS, PHONE & EMAIL) Tri-State Generation & Transmission Assoc„ Inc. PH (303) 254-3083 P. O. Box 33695 Denver, CO 80233-0695 CONTACT PERSON Kelly Beal PH (303)254-8035 EMAIL ADDRESS kbeal@tristategt.org PERSON(S) MAKING APPLICATION (NAME, ADDRESS, PHONE, EMAIL) Tri-State Generation & Transmission Assoc., Inc. PH (303) 452-6111 P. O. Box 33691 _ _Denver, CO 80233-0695 CONTACT PERSON Mark Murray PH (303) 254-3211 EMAIL ADDRESS mmurray@nistategt.org _ LIST OF AGENCIES (NAME ADDRESSES, PHONE NUMBERS, CONTACT PERSONS) OF GOVERNMENTAL ENTITIES RAVING JURISDICTION OR REVIEWING PLANS AND SPECIFICATIONS: _Kim Ogle. Planning Manager Weld County Department of Planning Services 918 Tenth Street, Greeley, CO 80631: phone (970)-353-6100, ext. 3549 e-mail: Icogle@co.weld.co.us LEGAL DESCRIPTION OF PROJECT LOCATION: Lot B, Recorded Exemption No. 1467-252, RE -4852, being part of the North Half of the Northwest Quarter of Section 25, Township 1 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado By completing this application, the Applicant acknowledges Farmers Reservoir nod Irrigation Company may or may not approve this application and proposed construction at its discretion; and furthermore, the Applicant agrees to reimburse Farmers Reservoir and Irrigation Company, in full, for all costs associated with Its review of the application, regardless of the applications approval or denial. The terms and provisions of this application shall not be merged in or terminated by the issuance of any other documents or instruments by Farmers Reservoir and Irrigation Company, but shall continue to be effective and survive between the parties, their heirs, successors and assigns. APPLICANT SIGNATU �J . �/ (DATE) % 0 9' 1 n tri b.) bs En (H 4) b9 64 69 ... .... -. en en re' CA CD CD ()rt EA aa \,..s CD n g O ''h b.!. 1/4 g • C " F 2. 0 b9 b � w z o C w� „at „00 o ‘p o o J C W .. S p N mil PI Qs A La CD 11 O COO r -t lI O cb 2 n o K O z IC 0 CA) Cii cn CY1 n b H I t { I FARMERS RESERVOIR AND IRRIGATION I INVOICE # COMPANY, 80 SOUTH 27TH q date: DESCRIPTION orscouHr-----�� VENUE, BRIGHT "a'Earl1/0$ CIQ09DEC DATE NET AMOUNT ON APPLICATION FEE.. RE:4852 0 8 `- AMOUNT PAID 1 r $0.001 $1,000 y I;I 1 TOTALS R neatlo a" ,Ass° o,,F: 11"cIssi 1 CYO , EMOVE h lS Ft SEl VOIWA R HAVEN RIG IGTp 3:•. J06y0 1 $0.001 $1,000.00 co- 80601 INVOICE # DESCRIPTION ToTALs DOCUMENT ALONG THIS PERFORATION ,._._ .. i t ' 10 21009 lei: Bo 1 2?0 5 7 c halm en end DATE $0.00 No. 00040494 DISCOUNT AMOUNT $1,000.00 I I I NET AMO PAID • • TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. HEADQUARTERS: P.O. BOX 33695 DENVER, COLORADO 80233-0695 303-452-6111 December 11, 2008 Mr. Manuel Montoya General Manager Farmers Reservoir and Irrigation Company 80 South 27`x' Avenue Brighton, CO 80601 RE: Brookman/Tri-State Application for a Recorded Exemption N '/2 NW '/4 Section 25, TIN, R68W; 6° P.M. Weld County, Colorado, Case RE -4852 FRICO Project No. 3832/Broolunan; John & Carolyn Concerns in Letter Dated October 3, 2008 to Weld County Planning Department Dear Mr. Montoya: As per our telephone conversation on December 8, 2008, enclosed are a check in the amount of $1,000.00 as an application fee, survey of the Bull Canal as part of Tri-State's "Conceptual Plan Exemption Parcels" (dated 2-7-2001), a pre -submittal (mark-up) Plat of the Recorded Exemption No. 1467-25-2 RE -4852, an aerial photo illustrating the two lot exemption including an approximate future expansion of the Erie Substation, and the October 3, 2008 FRICO to Weld County Planning Department letter. John Brookman and Carolyn Brookman are seeking a `Two -Lot Recorded Exemption" with Weld County in order to sell "Lot B" (consisting of approximately 25 acres) to Tri-State Generation and Transmission Association, Inc. (Tri-State) for the expansion of the Erie Electrical Substation. The original substation was built in 2003. The new proposed addition to the electrical substation will be built to the west and north of the original and double its size. The subject property slopes to the north causing the natural drainage to flow to the north. The Bull Canal is located to the south of the substation with the northerly right-of-way boundary of the Bull Canal being part of the southern property line of the subject property the proposed Recorded Exemption 1467 -25 -2 - RE -4852. Tri-State will not allow storm drainage from its property to flow into the Bull Canal. Tri-State will be responsible at its own cost for the construction of any storm diversion devices to protect the Bull Canal from storm water drainage. Tri-State will respect and observe FRICO's 22' access, which is located on either side of the Bull Canal. Tri-State will not breach, impede, obstruct and, or diminish FRICO's access. The access off Weld County Road 6 will provide Tri-State ingress and egress to the Erie Substation. Hopefully, this addresses FRICO's concerns. Tri-State will provide you a copy of the completed Plat after County approval. Also Tri-State will provide you a copy of the grading plan when completed. If you have any further questions or concerns please feel free to telephone me at (303) 254-3325 or by e- mail, bnorem@tristategt.org. We respect your concerns and appreciate your cooperation with our exemption and Erie Substation expansion project. Sincerely, Burton C. Norem Senior Land Specialist Enclosures AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER CRAIG STATION P.O. BOX 1307 CRAIG, CO 81626.1307 970-824.4411 A Touchstone Energy'Cooperative( ESCALANTE STATION P.O. BOX 577 PREWITT, NM 87045 505.876.271 NUCLA STATION P.O. BOX 698 NUCI.A, CO 81424.0698 970.864-7316 • LEGAL DESCRIPTION A PARCEL OF LAND DESIGNATED AS PARCEL 1, LOCATED IN THE NW OF SECTION 25, TOWNSHIP I NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SECTION 25; THENCE S60'l5'01"F A DISTANCE OF 1394.36 FEET TO THE POINT OF BEGINNING; THENCE N89'54100'E A DISTANCE OF 437.72 FEET; THENCE S00'11'58"E A DISTANCE OF 92.27 FEET; THENCE 589'57'47-E A DISTANCE OF 251.51 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE THE FOLLOWING 3 COURSES, 1.) 523'47'21"E A DISTANCE OF 104.86 FEET; 2.) S24'03'57 -E A DISTANCE OF 182.57 FEET; 3.) 523'58'44"E A DISTANCE OF 63.62 FEET 10 A POINT UN THE NORTHERLY RIGHT-OF-WAY LINE OF THE BULL CANAL; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF THE BULL CANAL THE FOLLOWING 4 COURSES. I.) 561'29'53"W A DISTANCE OF 9.54 FEET; 2.) 104.19 FEET ALONG A CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 31'25'07" HAVING A RADIUS OF 190.00 FEET, AND A CHORD WHICH BEARS 577'12'26"W A CHORD DISTANCE OF 102.89 FEET; 3.) N87'05'00'W A DISTANCE OF 595.18 FEET; 4.) 128.55 FEET ALONG A CURVE TO THE LEFT. THROUGH A CENTRAL ANGLE OF 5'10'07" HAVINGI A RADIUS OF 1425.00 FEET. AND A CHORD WHICH BEARS N89'40'04 -W A CHORD DISTANCE OF 128.51 FEET; THENCE NOLV04'27"W A DISTANCE OF 408.75 FEET TO THE POINT OF BEGINNING, CONTAINING 6.73 ACRES (293.035 SQ. FEET) MORE 'OR LESS. A PARCEL OF LAND DESIGNATED AS PARCEL 2. LOCATED IN THE NW I OF SECTION 25, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH P.M.. COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SECTION 25; THENCE S30'02'00'E A DISTANCE OF 1539.31 FEET TO THE POINT OF BEGINNING. BEING THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF Till BULL CANAL WITH THE SOUTHERLY LINE OF THE N1/2 OF SAID NWl/4 OF SECTION 25; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF -4TTiE BULL CANAL THE FOLLOWING 10 COURSES, I.) 84.64 FEET ALONG A CURVE ro THE RIGHT THROUGH A CENTRAL ANGLE OF 5'01'32" HAVING A RADIUS BEARING S37'00'51"E A DISTANCE OF 965.00 FEET, AND A CHORD WHICH BEARS N55'29'55"E A CHORD DISTANCE OF 84.61 FEET; 2.) N58'00'41"E A DISTANCE OF 151.54 FEET; 3.) 65.93 FEET ALONG A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 22'53'36" HAVING A RADIUS OF 165.00 FEET, AND A CHORD WHICH BEARS N69'27'29"E A CHORD DISTANCE OF 65.49 FEET; 4.) N80'54'I7"E A DISTANCE OF 54.36 FEET; 5.) 88.14 FEET ALONG A CURVE 10 THE RIGHT THROUGH A CENTRAL ANGLE OF 5'14'00" HAVING A RADIUS OF 965.00 FEET, AND A CHORD WHICH BEARS N83'31'17"E A CHORD DISTANCE OF 88-11 FEET; 6.) N86'O8'17"E A DISTANCE OF 3.94 FEET; 7.) 161.49 FEET ALONG A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 6'46'43" HAVING A RADIUS OF 1365.00 FEET, AND A CHORD WHICH BEARS N89'31'38"E A CHORD DISTANCE OF 161.40 FEET; 8.) SEITOS'00"E A DISTANCE OF 595.18 FEET; 9.) 137.09 FEET ALONG A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 31'25'07" HAVING A RADIUS OF 250.00 FEET, AND A CHORD WHICH BEARS N77'12'26"E A CHORD DISTANCE OF 135.38 FEET: 10.) N61 -29'53"E A DISTANCE OF 4.79 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD; THENCE 523'58'20"E ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 188.43 FEET TO SAID SOUTHERLY LINE OF THE NI/2 OF THE NW1/4 OF SECTION 25; THENCE 589'57'11"W ALONG SAID SOUTHERLY LINE A DISTANCE OF 1373.32 FEET TO THE POINT OF BEGINNING, CONTAININI 4.41 ACRES (192.261 SQ FEET), MORE OR I FSS. THE BASIS OF BEARING FOR BOTH PARCELS IS N89'59'37"W A DISTANCE OF '2634.95 FEET BETWEEN A FOUND 3" ALUMINUM CAP AT THE NW CORNLH OF SECTION 25, TIN, R68W, AND A FOUND 3" ALUMINUM CAP Al THE NI/4 CORNER OF SECTION 25, TIN, R68W. THIS 0911011 DUES NOT REPRESENT T. ►EitAlENTED SURvty. IT IS INTENDED OILY 10 DEPICT THE ATTACHED DESCRIPTION. NOTICE: ACCORQ4G 70 COIORAVO YAM YUI MUST COMM(NCE NIT LEGAL ACTION BASED UPDII N4Y DI.ItCT in t1K SE:RKY $7H41 T4$TC YEMS AFTER WU ri15I D15CONR ST/uI DEFECT. 111 NO (`EMI MAY Nit AC17071 CASED I/PCPI AMT DEFECT M 171775 9/I%EY BE COlanCEB RORL RIAN T(H YEARS rpci R[ UAIE 1Y IH( ctRICCATGI 9r0M4 ICRC 0II. 01.5. 13 -5O -105(3X,=) ERIC SUBSTATION DRAWN Sr. BSS WALL, 1'=300' Rail. TILE PdAtirEft, CxCK(D In. NAP DATE. 01-30-U1 JI10 /ANKR• O6-041114-00 A PARCEL OF LAND SITUATED IN THE NWI/4 OF SEC. 25, TIN, R6810/. 6TH P.M., VELD COUNTY, COLORADO. PAGE 2 OF 2 NW 1/4 SEC. 25 , _ 30' COUNTY ADAO NONr-OP-h'AY W 1/4 CONCEPTUAL PLAN EXEMPTION PARCELS I L �*OOP SILT NW 1/4 SEC.25 5 TIN, R68W M' COUNTY ROAD Iep. T -Of -MA? WONT ROAD e l cutOnt 75' INGRESS & EGRESS TRANSMISSION LINE EASEMENT RECEPTION NO. 02255478 25' UNDERGROUND ELECTRIC EASEMENT .3 01 M , Mann 1 sownL R sown Plant A,A/1oV MUNK II U I I II ..JUL I. IP,-CEL.5 6.t� ACRESI 24286 SCSI FEET IJ• L._ii It CAt-O-ilr PARCEL 2 4.42 ACRES 192,693 50. FEET 'Vp�7 ;Mi46)&et (W) NOTE: BUILDINGS AND FENCES WITHIN 100' OF PROPOSED PARCELS ARE SHOWN HEREON E RIE SUBSTATION DRAWN BY; BSS SCALE: 1'=400' R.O.W. FILE NUMBER CHECKED 9Y, KAP DATE: 2-7-01 JOB NUMBER: 06-041114-00 N 1/4 1/4 PAGE 1 OF 1 PARCELS OF LAND SITUATED IN THE NWI/4 OF SEC. 25, TIN, R68W, 6TH P.M., WELD COUNTY, COLORADO Ell • -40 i • • • to co cc N N N i! i g m g ti i 1?di 1470 I ! il i ;3 ; lii !Ig3 1 i 41 <1! ! il h I; -,t4 iii id Op v, % 1; ti egi :;. t ,i ' e ii -4% aid -w i Re. 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I 1 . Ill I a i ai ski i . awoum ire) lr ai+T — — N -;c • JGwo ■ 4rrr • .4MM W k a Poo p1 Ann/ 3 .LLOODo £ 1104-43, 1 hti Alp La 1 E ` 4 s I <� �; S; hi yys --�.- pi rWJXA d10 AMMO 1_ �`-----�+ - ---- an-flo anxfl J, O EELD10011S 30 .szrscl 3 .uoo.00 N L u avo s umloa ASN[100 (INN LLD a Laa a air. M - �--. - Lana ,-m.. Al — •••.a..w.•• rwNM.rtii 4, .w - v -s CoTRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. HEADQUARTERS: P.O. BOX 33695 HEADQUARTERS: P.O. BOX 33695 DENVER, COLORADO 80233-0695 DENVER, COLORADO April 21, 2009 Mr. Manuel Montoya General Manager Farmers Reservoir and Irrigation Company 80 South 27th Avenue Brighton, CO 80601 RE: Grading Plans for Application for Project Review Lot B, Recorded Exemption No. 1467-25-2 RE -4852 Within part of N % NW 'A Section 25, TIN, R68 W; 6th P.M. Weld County, Colorado, Case RE -4852 Dear Mr. Montoya: 303-452-6111 303-452-6111 Please find enclosed two grading plans for Tri-State's Erie Switchyard. One grading plan, "Proposed 230 kV Yard Grading Plan" is for the project scheduled for Autumn of 2009. The other, "Ultimate Grading Plan", is the future planned expansion which may happen in the next twenty years. These enclosures compliment the letter sent to you dated April 6, 2009. A copy for review will be e -mailed to your engineer, Steve Kitterman with ERC. If you have any further questions or concerns please feel free to telephone me at (303) 254-3325 or by e-mail, bnorem@tristategt.org. We respect your concerns and appreciate your cooperation with our exemption and Erie Substation expansion project. Burton C. Norem Senior Permitting and Land Specialist Enclosures AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER CRAIG STATION P.O. BOX 1307 CRAIG, CO 81626.1307 970.824.4411 A Touchstone Energy Cooperative )( ESCAIANTE STATION P.O. BOX 577 PREWITT, NM 87045 505-876.2271 NUCLA STATION P.O. 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I t l9-ZS►-EOE EEZ09 01KF0WJ'f i0 569(1•01'0'd '+W 419t 0011 ..... at:Ob $ li, - $ d d - • .oc-.I r. .+v :< M + ♦•r f O31YLOd1JOONl "NOt1NOOSSY NOISSIIISNYMA V NOUVS3N39 31Y15-1111 NYId ONIOYNO GYVA AX Oft 03SOdOdd -" — - - - a - t & 1 . •••••••••••••••.. •tee•. e i 3 LVLS 12r1 awJ .f i NO/SNYdX3 NO/LYLSBnS 3/83 •D • z III i GRADING LEGEND C'1 Mani CONSU 1564 E alit TI! b b} 3 a$ I IBIS t y ISRyy3/Jk• $ g^bt�z jy of dO xglx b� e �.� pp' A i b g}}�� CCVa les, fi if Il!I ot wL•a SIC VA E - ' : iFsijt3 ww-!!rr--== III •r. SSF i3 -JS• .err-' 3-,• COY..-_.- S itce ≥ " r i ti •- ,• TJ...-" a1 "-.- _ ,-- , r ., PF a ,� 1 A • 0 r - ..' 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III CA I: w_r. r-,1 wu. �.■ 1 I ti - is 1•�-����SL-� •' I; - Ii I. �1 err V %...:.-_1 ` ^ ; • -, 1 ._� �: 1— ••- a—. , — 1' '1' ' — —;+— —' —■— — —'—' ■—�— —t1— tea—' \_ •--! •}�1 I r..�:_a. rl 'r■rcir �.n /// • Y ' 1 6lim5. •• ', rt• .I AI I �_ : 21j1 (Ti-.- ? aI, ` N p%/w I P �r • ■-rte_ ! r .la i • • - ' — 4 _-_:._*--+-- I v r aar +.�iYar r ' �`• �af.rrr� . 1or, fff((( r0Y%—� ••rr'.-,� �, r rt�_4 r� `-- •r a. � //A. \ VI i L h ' •�^J Y.I. l Iy�1 i . 1 • 1 1 1 • it f I r;l 11 I/ o • I X.1 I.,g 51 333 Vi �1 ' ; ; _ 1 ' '•, ;- • T\ Y 1 ` 1 1 • I . . -- \ " 1 , , /41r ;• �_J9 a. •l f \ • I 1 • % • , • • -\, • 1, '•5 • • Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities Appendix I: Communication with Oil Well Owner Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities Mineral Ownership Listing Parcel 146725000053 Account No. N5807086 Owner Anadarko Tax Area 2504 Range 68 Township 01 Section 25 Legal 24945-A-1 MIN RES ALL 251 68 417A EXC NW4/N2NE4 Address P.O. Box 1330 City Houston State TX Zip 77251-1330 1 TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. HEADQUARTERS: P.O. BOX 33695 Dirk Baysinger Registered Landman Anadarko Petroleum Corporation 635 N. 7th Avenue Brighton, CO 80601 DENVER, COLORADO 80233-0695 April 1, 2009 RE: Tri-State's Expansion of the Erie Switchyard Lot B of Recorded Exemption No. 1467-25-2, RE -4852 Part of N '/z NW 'A of Section 25, T 1 N, R 68 W, 6t P.M. County of Weld, State of Colorado Mr. Baysinger: 303-452-6111 This letter is to confirm our recent conversation, that Tri-State Generation and Transmission Association, Inc. (Tri-State) is planning to expand its existing Erie Switchyard on the above referenced property. Tri-State is aware that Anadarko has one existing gas well and a second proposed well plus a pipeline easement on the property. Tri-State does recognize these appurtenances and will observe the one hundred fifty feet radius around each well location as a no disturbance zone. Tri-State will make certain not to impede Anadarko's access to its facilities. Presently, Tri-State is applying to Weld County for Use by Special Review for its expansion of the Erie Switchyard, which will be expanded to include a 115 kV / 230 kV, transformer and a 185' tall, self-supporting communication tower. These facilities shall not interfere with Anadarko's activities. The project is seeking an October 2009 start date for its switchyard expansion project, if all happens according to schedule. If you have any concerns please feel free to contact me at (303) 254-3325 or by e-mail, bnorcm@tristategt.org. Thank you for your support and cooperation. Sincerely, 41) Burton C. Norem Senior Land Specialist AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER CRAIG STATION I.O. BOX 1307 CRAIG. Co x1626-1307 970-024-4411 A Touchstone Energy'Cooperative.). ESCALANTE STATION P.O. SOX 577 PREWITT, NM 07045 505-876-2271 NUCLA STATION P.O. BOX 6!0 NUCLA, CO 01424-0690 970-061-7316 • • COGCC GIS Online rj Red Lines OIL AND GAS WELLS • Oil and Gas Wells X Temporary Point v • Well Status O Location o Producing • Shut In • Temp Aban • Injecting * Plugged a Dry & Aban o Domestic O Gas Storage n Waiting On O Location O Aban Loc o Unknown • Verbal Plugging Well Name N SCALE 1 : 18,091 1,000 0 1,000 2,000 3,000 FEET http://cogcc.state.co.us/infosys/maps/cogccProduction.mwf Thursday, April 09, 2009 3:21 PM • • i 1111111 Eli 111111 11 111 IIII IIIII 111111111111111 Ilil it 11 3486792 C5/28/2007 04:16P Weld County, CO M- 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder EASEMENT, RIGHT-OF-WAY and SURFACE USE AGREEMENT This Easement, Right -of -Way and Surface Use Agreement ("Agreement") is entered into as of the 4th day of June, 2007, by and between John C. Brookman, whose address is 5024 WCR 6 Erie, CO 80516("Surface owner," whether one or more) and Kerr-McGee Oil and Gas Onshore LP ("KMG"), with offices at 1999 Broadway, Suite 3600, Denver, CO 80202 covering certain lands, (the "Lands") situated in Weld County, Colorado described as follows: Township: 1 North, Range 68 West, of the 6th P.M. Section 25: NW/4NW/4 For and in consideration of the sum of ten dollars ($10.00), and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned hereby agree to the terms and provisions set forth as follows: 1. Compensation for Well; Release of All Claims KMG shall pay to Surface Owner the sum as set forth in and according to the terms of that certain Letter Agreement by and between Surface Owner and KMG, dated June 4, 2007, as full and final settlement and satisfaction for any and all detriment, depreciation, injury or damage of any nature to the Lands or growing crops thereon that may occur as a result of KMG drilling or completion operations or its continuing activities for the production or transportation of oil, gas, or other hydrocarbons or products associated with the foregoing including, but not limited to, surface use, access, mud and reserve pits, wellhead equipment, separators, tank batteries, pipelines, gathering lines, flowlines, pipeline interconnections, and any and all other reasonable or customary uses of land related to said operations or activities. 2. Grant of Right of Way and Easement Surface Owner hereby grants, bargains, sells, assigns and conveys to KMG an easement and right-of-way for the purpose of constructing, using and maintaining access roads, locations for surface equipment and subsurface gathering lines for each well drilled upon the Lands, pipelines, and pipeline interconnections for one year from the date of commencement of surface activities for drilling operations and so long thereafter as oil or gas is produced or capable of being produced from any well drilled on the Lands, provided however, no easement or right-of-way is granted across any irrigation circle or which would interfere with any existing improvements. This Agreement shall be binding upon the respective heirs, executors, administrators, successors, and assigns of the undersigned. The undersigned have executed this Agreement as of the day first above written. SURFACE OWNER John C. Brockman Onshor Kerr-McGee Oil an. Gas By JOS rr�_ A • I 111111 VIII 11111 11111 I III 11111 111111 UI 11111 IIII INI 3486792 06/28/2007 04:16P Weld County, CO 2 o1 2 R 11.00 D 0.00 Steve Moreno Clerk a Recorder STATE OF COLORADO )ss COUNTY OF WELD The foregoing__instrument was acknowledged before me this y day of ,2007, by John C. Brockman. Witness my hand and offici My commission expires STATE OF COLORADO CITY AND COUNTY OF DENVER )ss Notary Pub Id 0/O Ac K -I 4 C. - P , v This instrument was acknowledged before me this Re day of . tt , 2007, by Joseph H. Lorenzo, Attorney -in - Fact of Kerr-McGee Oil and Gas Onshore LP, on behalf of the corporation. Witness my hand and official eal. 'Y4 • ,4O'fw9L\Notary Pub is My comi'..ion expires * Costke bgiesa01 • 702 RIGHT-OF-WAY GRANT THIS RIGHT-OF-WAY GRANT ("Grant) is made this 12th day of June, 2007, from JOHN C. BROOKMAN and CAROLYN S. BROCKMAN, whose address is 5024 Weld County Road 6, Erie, Colorado 80516 ("Grantor"). to KERR-McGEE GATHERING LLC, a Colorado limited liability company, whose address is 1999 Broadway, Suite 3700. Denver, Colorado 80202 ("Grantee"). The parties agree as follows: For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Grantors hereby grants, conveys and warrants unto Grantee, its successors and assigns, a perpetual right-of-way and easement to survey, construct, maintain, inspect operate, repair. replace, modify, change the size of, reconstruct, mark, monitor, abandon or remove, at Grantee's election, one pipeline and all appurtenances, below and/or above ground, including but not limited to launchers and receivers, convenient for the transportation or transmission of oil, gas, petroleum products, water, hydrocarbons and any other substances, whether fluid, solid or gaseous, and any products, derivatives, combinations or mixtures of any of the foregoing, in, on, over, under, or through the lands situated h Weld County, State of Colorado, being described as follows: TOWNSHIP 1 NORTH, RANGE el Mt, BT" PM Section 25: Part of the N'1NWY. The specific route and course of the nght-of-way and easement conveyed hereby ("Right -of -Way Lands") is more particularly described on Exhibit "A" attached hereto and made a part hereof. The width of the Right -of -Way Lands during construction shall be fifty feet (50'), and subsequent to construction shall be thirty feet (30'). Grantors represent and warrant to Grantee that Grantors are the sole owner in fee simple of the Right - of -Way Lands and have full right, power and authority to make this Grant. Grantee shall lay all pipe at a depth of not less than 48 inches. Grantee shall repair and/or restore any fence on or adjacent to the Right -of -Way Lands removed or severed by Grantee in the course of the operations provided for in this Grant. If necessary to prevent the escape of Grantor's livestock, Grantee shall construct temporary gates or fences. Grantee shall have all rights, privileges and benefits necessary or convenient for the full use and enjoyment of this Grant, including but not limited to, the right of ingress and egress over and across Grantor's lands lying adjacent to the Right -of -Way Lands for any and all purposes necessary and incidental to exercising Grantee's rights hereunder. Grantors agree not to build, create, construct or permit to be built, created or constructed, any obstruction, building, fence, landscaping, reservoir, engineering works or other structures or improvements over, under, on or across the Right -of -Way Lands without prior written consent of Grantee. Grantee shall be obligated to pay for, repair, replace or otherwise compensate Grantors for any damages resulting from Grantee's activities and operations on the Right -of -Way Lands; and, Grantor's shall pay for, reimburse, indemnify and hold Grantee harmless from any and all claims or damages resulting from Grantor's activities on the Right -of -Way Lands. Grantors shall have the right to use and enjoy the Lands, subject to the rights herein granted. This Grant cannot be modified, except in writing signed by all parties hereto. The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions of this Grant are a covenant running with the land and shall extend to and be binding upon the successors, and assigns of Grantors and Grantee. Grantee agrees to level and restore any lands that may have excessive settling and sufficiently compact the soil within a reasonable period of time after completion of construction. This Grant may be executed in counterparts each of which shall be considered one and the same agreement. IN WITNESS WHEREOF, the parties have executed this Grant as of the date first above 'mitten. 1d Carolyn rookman 21 / S. Srookman APC Brockman 4-25 & Johnston 3-25 Well Connect Grantee: Kerr-McGee Gathering LLC, a Colorado limited liability company By its Agent, Kerr- McGee Oil & Gas OnshoLP B Ann Byroad gent and Attorney -in -Fact (a 111111 nin yid iii 1111111 11111111111111111111111MY, CO im 1 of 3 n 16.00 D 0.00mae Moreno Clerk & Recorder 1 STATE OF COLORADO COUNTY OF WELD )SS. l The foregoing instrument was acknowledged before me this 2 day of June, 2007 by John C. Brookman and Carolyn S. Brookman. Witness my hand and official Seal. My Commission Expires: _, llkA108 ci STATE OF 'tEXIRS CITY OF MONTGOMERY /e/ Notary Pu i ic: Scott R. Knutson Parker, CO 80134 The foregoing instrument was acknowledged before me this 2.1 day of \ t—tLi: , 2007. by Jane Ann Byroad, as Agent and Attorney -in -Fact for Kerr-McGee Oil & Gas Onshore LP, a Delaware limited partnership, in its capacity as Manager of Kerr-McGee Gathering LLC, a Colorado limited liability company, on behalf of such company. Witness my hand and official Seal. My Commission Expires: l'YmA-1 S za t Notary Public: Pl✓.t✓l✓!!./✓✓l✓1✓l✓1✓✓✓lJYti REBECCA CHEEK l NOTARY NMI.IC. STATE OP TEXAS ,•,S MY COMMISSION EXPIRES j MAY8,2011 I 111111 nin till!! Iii umii iiu uimi 111111111111 uuCo 2 of 3 R 15.00 0 0.00 Steve Moreno Clerk a Recorder EXHIBIT "A" Attached to and made a part of that certain Right -of -Way Grant dated June 12, 2007, from John C. Brookman and Carolyn S. Brookman to Kerr-McGee Gathering LLC. OfrC. C:\CEOS(R*\w•W tk&t)\Dw.rcf\K MC BR0OKwN 25 & JOHNS TON ]-23 crQ USIA nits DATE: .4 . 26. 2007 a N 0 a , -/0 F O • i • e I I I I 0 3 - a z o m 0 Z kt rn r w r N r r_ Z rn z CO CS m O zz (0 A (0N ;o w co rn n N N N 00 U 0) Q O N n z i) rn 3NIl ua3doad ,m VI 6 O 0 ; J ✓ D z Q r Z r r o r, (n z ai O O z O N Z 0-o n 5» ^o Oc O M yra z u C N RP '5a Z mg KERR-McGEE 20-127-3" EXT PROPOSED PIPELINE SURVEY TOWNSHIP: 1 NORTH ry10a SAP AFE:2006765 _ RANGE: 88 WEST 6th Pt) TRACKING: 847151 craw REVISIONS: COUNTY: WELD STATE: COLORADO 8Y:MTC I nin a� 111111 111 Ilan 1eAu of nm iiu iio • • • IIIIIIIIIIIII11INWIIIIIAIIINI111uIIIIIN3630568 01/23/2008 02:18P Weld Comity, CO M1�pB NOTICE OF PIPELINE LOCATION 558 Pursuant to the terms of those certain Oil and Gas Leasers] described on Exhibit A (the "Leases"), Anadarko Petroleum Corporation ('Anadarko'), whose address is 1999 Broadway, Suite 3700, Denver, Colorado 80202, as successor in interest to the lessee(sj thereunder, was granted the right to drill for oil and gas in Section 25, Township 1 North, Range 68 West, 6`.' P.M., Weld County, Colorado (the `Lands"), and to lay pipelines necessary or convenient for the development of such Lands. Anadarko, or an affiliate or successor has constructed a pipeline on, over and across the Lands pursuant to the terms of the Lease{s]. For notification purposes only, a plat attached hereto as Exhibit B sets forth the approximate location of the pipeline constructed across the Lands. This Notice of Pipeline Location is limited to the pipeline(s) described on Exhibit B. Additional pipelines or future pipelines not described on Exhibit B may exist under the Lands. STATE OF COLORADO CITY AND COUNTY OF DENVER )ss. Anadarko E & P Company, a Delaware Limited Partnership By Anadarko Land Corporation, a Nebraska Corp6ration By: Joseph H'l "rwkf, Attorney -in -Fact The foregoing instrument was acknowledged before me this S Y day off cff,,se-A_ , 2007, by Joseph H. Lorenzo, as Attorney -in -Fact of Anadarko Land Corporation, a Nebraska Corporation, for Anadarko E & P Company, a Delaware Limited Partnership on behalf of such company. Witness my hand and official seal. Parker, CO 80134 • • 1111111111111111111111111111111 ItIllil III 111111111 IIII 3530568 01/23/2008 02:18P Weld County, CO 2 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT "A" DATE: RECORDED: LESSOR: LESSEE: LANDS COVERED: November 25, 1970 December 21, 1970, Book 637, Reception #1559254 Union Pacific Railroad Company, a Utah corporation Pan American Petroleum Corporation, a Delaware corporation Township 1 North, Range 67 West, 6th P.M. Section 19: Lots 1 and 2 (W'I4W'A), E'AW'A, SE% Section 29: NW%, S% Township 1 Section 3: Section 10: Section 11: Section 13: Section 14: Section 15: Section 23: Section 25: Section 27: Section 35: North. Range 68 West. 6'" P.M. Lot 2 (N'%NWT/.), S%NW'/., SW /., SE% NW'A, S'% NWA, S'r4 NW'/,, S'% NW/, S'% NW/, S% NW'h, S'% NW%, S'r4 NW'h, S'/4 NW /,, S'�4 EXHIBIT "B" Attached to and made a part of that certain Notice of Pipeline Location from Anadarko Petroleum Corporation. Su•(M D. '.ac =Ana YAM a_,c k .ti,vcTs are -acct ,wwu'a.l e••••• Ls urea ...e art _•••• ]e r_^_; I s7w+ a Cre 0 2 J ] 7 Jn In of 0 i5 r w r N r r- (.4 ao a. w rn 2 c) U, N U' to K) N N W u) U O N N D Z n m ,99'S99Z M .S£,61.00 N ;0 : u w Vito G � � r f -1 En .r9 t U t • r 14 A Z0 O A (A Z 0) N N 0 ZZ f* Z a• r (n tft N Z n m m is i t w o =+00 o; A > z O z ro r n -v PO 0 P1 t -� m N Z 2. -%5:4 t' La' ' U GC fa rn (us'0 U KERR-McGEE 20-127-3" EXT PROPOSED PIPELINE SURVEY TOMNSHP: 1 NORTH RANGE: 88 WEST 8th PM COUNTY: WELD STATE: COLORADO 1%107 6/2207 BY: YTC ' SAP AFE: 2005705 TRAOUNG: 847151 REM ONS: 1 11111111111111111111111 II 1111101 III lull IIII Ill 3630558 01/23/2008 02:18P Weld County, CO 3 of 3 R 18.00 D 0.00 Steve Moreno Clerk & Recorder • • Erie Substation Weld County Use by Special Review Questionnaire Substation Expansion and Telecommunications Facilities Appendix 0: Road Access Information Sheet • • WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 Road File #: RE#: Date: Other Case #: 1. Applicant Name Tri-State Generation and Transmission Association, Inc. Phone (303) 452-6111 Address 1100 West 116th Ave. City Denver 2. Address or Location of Access _ Section 25 Township 001 State CO Zip80233 Range 068 Weld County Road #:6 Side of Road South Subdivision Block Lot Distance from nearest intersection33 miles 3. Is there an existing access(es) to the property? Yes X No # of Accesses 1 4. Proposed Use: Xi Permanent J Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial XI Other Electric Substation 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil & Gas D.R. = Ditch Road = House = Shed 0 = Proposed Access A = Existing Access NT *************************************** T Weld County 6 Rd. No Road Access • A 25 No Road Access A Colorado Blvd 1 Weld County 4 Rd. OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions J Installation Authorized J Information Insufficient Reviewed By: Title: • Tax Account Tax Account E E 0 00 et N Ce Parcel Number 146725200058 TRI STATE GENERATION & J G O TRANSMISSION ASSOCIATION INC 00 CC O vl Situs Address • EA • t -- C4 O<r w rn ON cyi �± • 112, 6‘7D1 N 00 Z in O cool • W 00 az^ O 7_' w °00-4 CC' a • W N • M z 00 en 00 NH aU n O S L Uo fq O g c.) J U c' vi e4 fi V M o hs oo > 1/40.wD • > II'5O U �V. g ZO� c) e` 00 o . o8 �4zro Q�A U 00 z n 01� a` vOz74 ul o Nao a �VD Z ,� II CD C.4 C4QotI c404tnen O O g U C'n Liu co 00 a d M VD 174 A VD 00 4 a 1 cal In 73 • N ' :1 4 o C • to sr; OOO O N O — c . 4 :-.'d E� VI y m a) O.) Q E a. a E° The amounts of taxes due on this page are based on Last year's property value assesments. https://www.weldtax.com/treasurer/treasurerweb/account.jsp?accaunt=R2242803 Identify Results • • Page 1 of 3 Account#: R6776000 WELD COUNTY ASSESSOR Tax Area: 2505 Acres: 39.114 Township Range Section Quart. Sec. 01-68-25-2 PROPERTY PROFILE Bordering County: Subdivison Name Block# Lot# Owners Name & Address: TRI STATE GENERATION TRANSMISSION ASSOC 5024 COUNTY ROAD 6 ERIE, CO 80516 Parcel#: 146725200061 P. WW:arrallellIS Property Address: Street: 5024 6 CIR WELD City: WELD Business/Complex: Sale Date 1/9/2009 Sale Price $700,100 Sales Summary Deed Type WD Reception # 3598879 Legal Description PT NW4 LOT B REC EXEMPT RE -4852 Land Type Commercial Commercial Land Subtotal: Abst Code 9132 8900 Land Valuation Summary Unit of Number of Measure Units Acres 1.035 1.035 Actual Value $269 Assessed Value $80 Buildings Valuation Summary Bldg# 13 14 16 18 21 Property Type Commercial Commercial Out Building Out Building Out Building Improvements Subtotal: Actual Value $0 Assessed Value $0 Total Property Value Account#: R6776000 Owners Name & Address: TRI STATE GENERATION TRANSMISSION ASSOC 5024 COUNTY ROAD 6 ERIE, CO 80516 Building# 13 Building Details Property Type Commercial $269 $80 Parcel#: 146725200061 Property Address: Street: 5024 6 CIR WELD City: WELD http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=14672... 5/18/2009 Identify Results • • Page 2 of 3 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Account#: R6776000 Individual Built As Detail Shed - Poultry 0 0 1 0 Owners Name & Address: TRI STATE GENERATION TRANSMISSION ASSOC 5024 COUNTY ROAD 6 ERIE, CO 80516 Building# 14 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Account#: R6776000 Property Type Commercial Year Built: HVAC: Built As SQ Ft: Roof Type: Roof Cover: Units: Detached SQ Ft: Finished SQ Ft: 1988 None 16000 Gable 0 Parcel#: 146725200061 Property Address: Street: 5024 6 CIR WELD City: WELD Individual Built As Detail Shed - Poultry Year Built: HVAC: 0 0 1 0 Owners Name & Address: TRI STATE GENERATION TRANSMISSION ASSOC 5024 COUNTY ROAD 6 ERIE, CO 80516 Building# 16 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Built As SQ Ft: Roof Type: Roof Cover: Units: Detached SQ Ft: Finished SQ Ft: 1988 None 16000 Gable 0 Parcel#: 146725200061 Property Address: Street: 5024 6 CIR WELD City: WELD Property Type Out Building Individual Built As Detail Shed - Cattle Year Built: HVAC: 0 0 0 0 Built As SQ Ft: Roof Type: Roof Cover: Units: Detached SQ Ft: 1965 None 3528 0 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=14672... 5/18/2009 Identify Results Total SQ Ft: Account#: R6776000 • Owners Name & Address: TRI STATE GENERATION TRANSMISSION ASSOC 5024 COUNTY ROAD 6 ERIE, CO 80516 Building# 18 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Account#: R6776000 • Finished SQ Ft: Page 3 of 3 Parcel#: 146725200061 Property Address: Street: 5024 6 CIR WELD City: WELD Property Type Out Building Individual Built As Detail Shed - Cattle Year Built: HVAC: 0 0 0 0 Owners Name & Address: TRI STATE GENERATION TRANSMISSION ASSOC 5024 COUNTY ROAD 6 ERIE, CO 80516 Building# 21 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Built As SQ Ft: Roof Type: Roof Cover: Units: Detached SQ Ft: Finished SQ Ft: 1965 None 3528 0 Parcel#: 146725200061 Property Address: Street: 5024 6 CIR WELD City: WELD Property Type Out Building Individual Built As Detail Shed - Cattle Year Built: HVAC: 0 0 0 0 Built As SQ Ft: Roof Type: Roof Cover: Units: Detached SQ Ft: Finished SQ Ft: 1965 None 2744 0 http://Inaps2.Inerrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=14672... 5/18/2009 Hello