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Home My WebLink About20022428.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Tri-State Generation & Case Number USR 1392 Transmission Association, Inc. Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form Planning Commissioner Folsom Field Check Form Letter to Applicant Affadavit of sign posting Legal Notifications 2 Application X Maps Surrounding Property/Mineral Owners Utilities 3 Referral List X Referrals without comment Weld County Code Compliance referral received 5-21-2002 Frederick-Firestone Fire Protection District referral received 5-28-2002 Longmont Soil Conservation District referral received 6-17-2002 4 Referrals with comments X Weld County Department of Building Inspection referral received 5-22-2002 Mountain View Fire Protection District referral received 5-28-2002 US Army, Corps of Engineers, referral received 5-30-2002 Colorado Department of Transportation referral received 6-6-2002 City and County of Broomfield, referral received 6-7-2002 Weld County Dept of Public Health& Environment referral received 6-7-2002 Weld County Department of Public Works referral received 6-12-2002 City of Dacono referral received 7-1-2002 Weld County Sheriff's Office, referral received 7-2-2002 Town of Frederick referral received 7-8-2002 Town of Firestone, referral received 6-16-2002 5 Surrounding Property Owners- Letters X 5A Carl Bassett, letter received 6-11-2002 5B Donna Pawlik, letter received 6-12-2002 5C Leo Schuster, letter received 7-1-2002 EXHIBIT U5'2+39 a_ 5D Suzanne Graf, letter received 7-8-2002 5E William and Ann Stonebraker, letter received 7-10-2002 6 PC Exhibits 6A Patina Oil and Gas Corporation letter received 7-11-2002 X 6B Weld County Sheriffs Department referral received 7-11-2002 4/,/, i w/2,L fruudi) X 6C Ken and Larisa Pavlick, SPO letter received 7-12-2002 X 6D Doris Pavlick, LakeView Village, Inc. SPO Letter received 7-12-2002, 7-15-2002 X 6E James and Kaye Nock, SPO Letter received 7-12-2002 X 6F Robert Wherry,Attorney representing Stonebraker, letter received 7-15-2002 X 6G Davis Graham&Stubbs,Attorney for Kerr McGee, letter received 7-15-2002 X 6H Fred Oelke, Four Season Realty, letter dated 2-28-2002, received 7-15-2002 X 6 1 Virgil Stang, RE/MAX of Longmont, letter received 7-15-2002 X 6K Joan Lohr, Coldwell Banker, letter dated 4-24-2001, received 7-15-2002 X 6L Chris Bonomo, ERA Fowler Real Estate, letter dated 2-28-2002, rec'd 7-15-2002 X 6M John Kokenzie, RE/MAX of Longmont, letter received 7-15-2002 X 6N Lora Hartman, ERA Fowler Real Estate, letter received 7-15-2002 X 6O Jason Bergem, ERA Fowler Real Estate, letter received 7-15-2002 X 6P Jim Larkin, ERA Fowler Real Estate, letter dated 2-22-2002, received 7-15-2002 X 6Q Sandra Schoenecke,Ascent Property Group, letter of 2-25-2002, rec'd 7-15-2002 X 6R Troy Bender, Keller Williams, letter dated 2-26-2002, received 7-15-2002 X 6S Cecil Davis,Trustee,Town of Frederick Letter received 7-15-2002 X 6T Sue Wedel, SPO Letter received 7-15-2002 X 6U Rich &Jill Haberkorn SPO letter dated 7-14-2002, received 7-16-2002 X 6V Ryan&Suzanne Shoup, SPO Leter dated 7-15-2002, received 7-16-2002 X 6W Charlene McElwaine, SPO Letter received 7-16-2002 X 6X Town of Firestone, referral received 7-16-2002 ( u. PR1.4. a4) X I , X 6Y Memorandum to the Planning Commission dated 7-16-2002 (pa u;�C,m,�,,,t≤, 6Z Joshua Samuels, SPO Letter received 7-16-2002 r X 6AA Philip Hayes, SPO letter dated 7-13-2002, received 7-16-2002 X 6AB Jerold and Janet Warfield, SPO letter dated 7-13-2002, received 7-16-2002 X 6AC Bernice Dawson, SPO letter dated 7-13-2002, received 7-16-2002 X 6AD Bennie and Eleanor Chavez, SPO letter dated 7-13-2002, received 7-16-2002 X 6AE Deana West, SPO letter dated 7-13-2002, received 7-16-2002 X 6AF Bob Charles, SPO Letter dated 7-15-2002, received 7-16-2002 X 6AG James Lawson Letter received 7-16-2002 X 6AH Dave&Melissa Beadleston SPO Letter dated 7-16-2002, rec'd 7-16-2002 X 6Al Doris Pavlick Letter and Maps in binder, received 7-16-2002 X 6AJ St.Vrain Ranch Subdivision, 16-SPO Letters received 7-16-2002 X 6AK Planning Commission Power Point Presentation Text& X Graphics,dated July 16,2002 (WA 4 Sfr-1I &rnaa4j) 6AL Applicants requested for Pre-Advertisement,dated 8-7-2002, received 8-8-2002 X 6AM Blue Book-Lakeview Village Information, d. Pavlick X 6AN Notice of posting X 6AO Town of Firestone Minutes X 6AP Tri-State Annual Report X 6AQ Typical Trench Layout Diagram dated 11/2000 X 6AR CD of Tri-State Presentation, hearing of 10.15.2002 X 6AS 6AT 6AU 6AV 6AW 6AX 6AY 7 Planning Commission Resolution I hereby certify that the 54 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of County Commissioners hearing. Kim Ogle a4er Ill WI` )C LANDON SUMMARY SET COLORADO Case Number: USR-1392 Hearing Date: July 16, 2002 Continued: August 6, 2002 Continued: September 17, 2002 Continued: October 15, 2002 Applicant: TRI STATE GENERATION AND TRANSMISSION Address: Post Office Box 33695, Denver, CO 80233 Request: A Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility (a 13.2 mile 115 kV transmission line and two new switching stations) in the A(Agricultural)Zone District. Legal Description: Parts of Sections 5,6, 7&18, T2N, R67W; Parts of Sections 1,12,13,14,23,24,25,26,35 & 36, T2N, R68W; Parts of Sections 1,2,11,12,13,14,23, 24, 25 &26, Ti N, R68W; Parts of Sections 30,31, T3N, R67W; Parts of Sections 25,36, T3N, R68W of the 6th P.M., Weld County, CO Location: Commencing South of Weld County Road 6 at the Proposed Erie Switching Station (SE 932), north to Weld County Road 6, west to the Weld County Road 6 &Weld County Road 11 intersection, north on Weld County Road 11 to Weld County Road 12; From Dacono Substation (NCU-329) north on Weld County Road 11 to Weld County Road 20.5; east on Weld County Road 20.5 past Rinn Valley Substation to Weld County Road 13; north on Weld County Road 13 & northeasterly on Firestone Trail to Weld County Road 26; west on Weld County Road 26 to Weld County Road 13; north on Weld County Road 13 to Del Camino Substation and Proposed Del Camino Switching Station. Size of Parcel: 140 +/-Acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Chapter 21 of the Weld County Code The Department of Planning Services'staff has received responses from the following agencies: • Weld County Code Compliance referral received May 21, 2002 • Weld County Department of Building Inspection referral received May 22, 2002 • Mountain View Fire Protection District referral received May 28, 2002 • Frederick-Firestone Fire Protection District referral received May 28, 2002 US Army, Corps of Engineers, referral received May 30, 2002 • Colorado Department of Transportation referral received June 6, 2002 • City and County of Broomfield, referral received June 7, 2002 • Weld County Department of Public Health & Environment referral received June 11, 2002 • Weld County Department of Public Works referral received June 12, 2002 Longmont Soil Conservation District, referral received June 17, 2002 • City of Dacono Planning Commission referral received July 1, 2002 Town of Frederick Planning Commission referral received July 8, 2002 • Weld County Sheriff's Office referral received July 11, 2002 • Town of Firestone Planning Commission referral received July 16, 2002 I DCHINT Tri-State Generation&Transmission, Inc.,page 1 The Department of Planning Services' staff has not received responses from the following agencies: • Weld County Attorney's Office • Union Pacific Railroad Tri-State Generation&Transmission, Inc.,page 2 #140t\a SPECIAL REVIEW PERMIT W ADMINISTRATIVE REVIEW COLORADO PLANNER: Kim Ogle Case Number: USR-1392 Hearing Date: July 16, 2002 Applicant: TRI STATE GENERATION AND TRANSMISSION Address: Post Office Box 33695, Denver, CO 80233 Request: A Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility (a 13.2 mile 115 kV transmission line and two new switching stations) in the A (Agricultural)Zone District. Legal Description: Parts of Sections 5,6,7&18,T2N,R67W;Parts of Sections 1,12,13,14,23,24,25,26,35&36, T2N, R68W; Parts of Sections 1,2,11,12,13,14,23, 24, 25 & 26, T1 N, R68W; Parts of Sections 30,31, T3N, R67W; Parts of Sections 25,36, T3N, R68W of the 6th P.M., Weld County, CO Location: Commencing South of Weld County Road 6 at the Proposed Erie Switching Station (SE 932), north to Weld County Road 6,west to the Weld County Road 6&Weld County Road 11 intersection, north on Weld County Road 11 to Weld County Road 12; From Dacono Substation (NCU-329)north on Weld County Road 11 to Weld County Road 20.5;east on Weld County Road 20.5 past Rinn Valley Substation to Weld County Road 13; north on Weld County Road 13&northeasterly on Firestone Trail to Weld County Road 26;west on Weld County Road 26 to Weld County Road 13; north on Weld County Road 13 to Del Camino Substation and Proposed Del Camino Switching Station. Size of Parcel: 140 +/-Acres Parcel Number: Various • THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Chapter 21 of the Weld County Code 2. It is the opinion of the Department of Planning Services's staff that the applicant has shown compliance with Section 21-3-340. A of the Weld County Code, as follows: Section 21-3-340.A.1—The health, welfare and safety of the citizens of the County will be protected and served. The Design Standards(Section 23-2-240),Operation Standards(Section 23-2-250),Conditions of Approval,and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. Section 21-3-340.A.2-The natural and socio-economic environment of the County will be protected Tri-State Generation&Transmission, Inc.,page 3 and enhanced. There are no known natural hazards in the area that will affect or be affected by the proposal. Historically,the area has been dominated by mining and agricultural land uses. However, most of the mining has concluded and agricultural lands are now giving way to increasing residential, commercial and light industrial development along the 1-25 Corridor which the proposed project is intended to serve. Section 21-3-340.A.3--All reasonable alternatives to the proposed action,including use of existing rights-of-way and joint use of rights-of-way wherever uses are compatible, have been adequately assessed and the proposed action is compatible with and represents the best interests of the people of the County and represents a fair and reasonable utilization of resources in the impact area. The applicant evaluated five alternatives. The proposed system alternative is Alternative 3: construction of the Erie-Dacono-Rinn Valley-Del Camino 115 kV Line, with a new Erie switching station and upgrades to the Del Camino switching station. The applicant has determined that this alternative has the lowest estimated cost that meets Tri-State's system reliability criteria. The proposed transmission centerline will typically be located sixty-six feet from the existing road centerline to allow for future roadway expansion. In one segment of road, the centerline will be seventy(70)feet. The proposed line will be supported on single wood poles ranging from 61 feet to 85 feet in height. The pole spacing will vary from 250 to 450 feet depending on terrain, existing obstructions and the need for the 12.5 kV distribution underload. In several locations,the proposed line will consolidate existing service lines onto one pole. The previously utilized poles will be removed and the lines will be consolidated onto the proposed transmission lines. Section 21-3-340.A.4--A satisfactory program to mitigate and minimize adverse impacts has been presented. The US Army,Corps of Engineers,stated in its letter dated November 20,2001,that the project has been reviewed in accordance with Section 404 of the Clean Water Act, and based on the information presented this project will not require a permit. The United States Department of Interior, Fish and Wildlife Service stated in a letter dated January 15, 2002 that based on the information provided, the Service concurs that this project will have no effect on federally-listed threatened or endangered species at the project site. The State of Colorado, Division of Wildlife stated in a letter dated January 16, 2002 that it concurs with the design and assertion that the transmission line project should not cause significant adverse effect to high quality wildlife or to state-listed/special concern species. The preferred line route avoids the area of the proposed St.Vrain Valley Regional Park and crosses the proposed river trail at a point where there is already significant man made disturbance, (i.e., WCR 13 at the river crossing,existing sand and gravel operations and existing transmission lines). The Rinn Valley Substation is located close to a private water ski lake development (Lakeview Village PUD)and a single family residence on the north side of the half section line.And an existing subdivision development(No Name Creek)on the south side of the half section line. Tri-State will work with all of the affected property owners to establish a centerline and pole locations that maintain adequate clearance from residences and outbuildings and do not interfere with the operation and maintenance of the fill ditch that runs along the south edge of the man-made lake. The route has been developed in full cooperation with the City of Dacono, Town of Frederick and Town of Firestone. Section 21-3-340.A.5--The nature and location or expansion of the facility complies with all applicable provisions of the master plan of this County,and other applicable regional,metropolitan, state and national plans. Tri-State Generation&Transmission, Inc.,page 4 The route has been developed in full cooperation with the City of Dacono, Town of Frederick and Town of Firestone. Frederick has issued a special use permit for that portion of the proposed route within its corporate city limits. Tri-State and Firestone have worked together to establish a mutually acceptable route along the existing Firestone Trail right-of-way owned by the Town. Dacono did not require a permit and did not express any opposition to the project during two presentations made before the City Council. The Town of Firestone proposed an agreement whereby the 115kV line would be located on a portion of the Firestone Trail(an abandoned railroad grade owned by the town)from a point one-half mile east of the Rinn Valley Substation on WCR 13 to the intersection of the trail with WCR 26. In return, Tri-State's payment for easement rights would go towards the development of the trail. Section 21-3-340.A.6 --The nature and location or expansion of the facility does not unduly or unreasonably impact existing community services. The route has been developed in full cooperation with the City of Dacono, Town of Frederick and Town of Firestone. The route does not go through any other municipalities in Weld County. The only existing public recreational facility crossed is the Firestone Trail. However the route centerline will be established in cooperation with the Town of Firestone such that the line will not conflict with any of the intended trail uses. The Ordinance issued by the Town of Firestone granting permission to construct the project along the preferred line route includes the following order: "Proper safeguards shall be taken to protect the environment in these areas and poles will be located outside of the park corridors to the greatest extent possible." Section 21-3-340.A.7--The nature and location or expansion of the facility will not create an expansion of the demand for government services beyond the reasonable capacity of the community or region to provide such services, as determined by the Board of County Commissioners. The route has been developed in full cooperation with the City of Dacono, Town of Frederick and Town of Firestone. They apparently believe the project will not create an expansion of the demand for government services beyond their reasonable capacity to provide. Likewise, the demand for government services in Weld County should not expand because of the project. Section 21-3-340.A.8-- The facility site or expansion area is not in an area with general meteorological and climatological conditions which would unreasonably interfere with or obstruct normal operations and maintenance. The proposed switching stations and 115kV transmission line will not unreasonably interfere with or obstruct normal operations and maintenance and is not in an area having generally adverse meteorological and climatological conditions. Section 21-3-340.A.9--The nature and location of the facility or expansion will not adversely affect the water rights of any upstream, downstream or agricultural users, adjacent communities or other water users. The proposed route crosses Little Dry Creek, Stanley ditch, an unnamed tributary of Godding Hollow, No Name Creek, Sullivan Ditch, Last Chance Ditch and the St. Vrain River. All of these water courses will be spanned by the proposed line. No wetlands are anticipated to be affected as wetland areas tend to be narrow in width and can be spanned. When required to construct a line in the 100-year flood plain areas, Tri-State will coordinate with Weld County regarding any flood plain hazards and design of the proposed line to withstand any potential flooding that may be experienced along St. Vrain River and Little Dry Creek. Tri-State Generation&Transmission, Inc.,page 5 Section 21-3-340.A.10--Adequate water supplies are available for facility needs. The proposal does not require water for the facilities. Bottled water will be brought to the site for the workers during construction of the switching stations and transmission line. Section 21-3-340.A.11—The nature and location of the facility or expansion will not unduly interfere with existing easements, rights-of-way, other utilities, canals, mineral claims or roads. The proposed project will not have any adverse impact on sand and gravel operations along the St. Vrain River. The project will also not impact any oil or gas wells. The proposed route unavoidably crosses a number of underground oil and gas pipelines. Tri-State will work with each of the affected oil and gas companies to assure compatibility and continued safe operation of both of the proposed transmission line and the pipeline facilities. The proposed transmission line route crosses over 120 telephone, gas, electric, cable and water line easements or rights-of-way. The City of Dacono in their referral received June 27, 2002, requests that the applicant utilize the baseline standards for an Arterial status roadway. These standards call for a one hundred twenty (120)foot right-of-way with a twenty-five (25)foot landscape buffer adjacent to the right-of-way. Section 21-3-340.A.12--Adequate electric, gas, telephone, water, sewage and other utilities exist or shall be developed to service the site. The proposed transmission line will extend from a new switching station(Erie Switching Station)to be constructed adjacent to Western Area Power Administration's existing Terry Street-Hoyt 115 kV transmission line (approximately 0.3 mile southeast of the WCR 6 and WCR 11 intersection, north to a new switching station (Del Camino Switching Station), located immediately west of United Power's Del Camino Substation (approximately 0.5 mile north of the intersection of WCR 28 and WCR 13). Between these two new switching stations, the proposed 115 kV transmission line will connect with United Power's existing Dacono Station. The Dacono Substation connection will be made by tying into an existing 0.9 mile long 115 kV line constructed in 2000 between the substation and Xcel Energy's existing Fort Lupton-Valmont 115 kV line that runs parallel to WCR 12. This 0.9 mile segment was approved through USR-1247. All required utility connections will be developed to service the two switch station sites and the transmission line corridor. Section 21-3-340.A.13-The nature and location for expansion of the facility will not unduly interfere with any significant wildlife habitat or adversely affect any endangered wildlife species, unique natural resource or historic landmark within the impact area. The US Army,Corps of Engineers,stated in its letter dated November 20,2001,that the project has been reviewed in accordance with Section 404 of the Clean Water Act, and based on the information presented, it will not require a permit. The United States Department of Interior, Fish and Wildlife Service stated in a letter dated January 15, 2002 that based on the information provided, the Service concurs that this project will have no effect on federally-listed threatened or endangered species at the project site. The State of Colorado, Division of Wildlife stated in a letter dated January 16, 2002 that it concurs with the design and assertion that the transmission line project should not cause significant adverse effect to high quality wildlife or to state-listed/special concern species. There are 41 historical sites,one prehistoric site and 16 isolated finds within the project area on file with the Colorado Historical Society(SWCA Inc., Environmental consultants 1999,2001). None of these sites are included on the National Register of Historic Places(NRHP). Only two of the sites, both found along the Union Pacific Railroad, are eligible for listing on the NRHP. The proposed project will not have any impact on recorded historic or prehistoric sites. A Class III Tri-State Generation&Transmission, Inc., page 6 cultural resource survey of the final route alignment will be conducted by a state certified contractor prior to the start of construction to ensure that the project will not any previously unknown sites. Section 21-3-340.A.14— The nature and location or expansion of the facility, including expected growth and development related to the operation and provision of service, will not significantly deteriorate water or air quality in the impact area. The proposed project will have no long term impact on water or air quality. During construction, some fugitive dust may be generated during periods of dry weather in areas where soil has been disturbed. The contractor will control dust by applying water to any such disturbed areas. Section 21-3-340.A.15— The geological and topographic features of the site are adequate for all construction, clearing, grading, drainage, vegetation and other needs of the facility construction or expansion. The proposed project will not have an adverse impact on sand and gravel operations along the St. Vrain River. Much of the lineal site is relatively flat with little, if any, topographical change. The area crossed by the proposed line route is virtually devoid of any woody cover. Grassy areas within the existing road rights-of-way and existing field edges paralleled by the proposed line route could be disturbed during construction. All such disturbed areas will be restored in accordance with the mitigation measures. Wetland and riparian vegetation will be avoided since any such areas will be spanned by the proposed transmission line. No other impacts to vegetation are anticipated. Section 21-3-340.A.16— The existing water quality of affected state waters will not be degraded below state and federal standards or established baseline levels. The existing water quality of affected state waters will not be degraded below state and federal standards or established baseline levels by the project. Section 21-3-340.A.17—The proposed project will not have a significantly adverse net effect on the capacities or functioning of streams,lakes and reservoirs in the impact area,nor on the permeability, volume, recharge capability and depth of aquifers in the impact area. The proposed route crosses Little Dry Creek, Stanley ditch, an unnamed tributary of Godding Hollow, No Name Creek, Sullivan Ditch, Last Chance Ditch and the St. Vrain river. All of these water courses will be spanned by the proposed line. No wetlands are anticipated to be affected as wetland areas tend to be narrow in width and can be spanned. When required to construct a line in the 100-year flood plain areas, Tri-State will coordinate with Weld County regarding any flood plain hazards and design of the proposed line to withstand any potential flooding that may be experienced along St. Vrain River and Little Dry Creek. Section 21-3-340.A.18— The benefits of the proposed developments outweigh the losses of any natural resources or reduction of productivity of agricultural lands as a result of the proposed development. The proposed line will have minimal impact on existing and future land use. The preferred route Is located along existing road right-of-way or the Firestone trail. A small amount of land at each pole location will be unavoidably removed from agricultural or other active use. Land between poles can continue to be used for farming or any other purpose that does not threaten safe and reliable operation of the line. Much of the land in the project is classified as prime (irrigated) and high potential dry cropland-prime if they become irrigated(SCS 1979). However,portion so these lands have already undergone a change to residential, commercial or other non-agricultural use. This trend is expected to continue as more land is annexed and additional development occurs. Section 21-3-340.A.19— The applicant has obtained or will obtain all property rights, permits and approvals necessary for the proposed project, including surface, mineral and water rights and easements for drainage, disposal, utilities, access, etc. If the applicant has not obtained all Tri-State Generation&Transmission,Inc.,page 7 necessary property rights,permits and approvals, the Board may, at its discretion, grant the permit conditioned upon completion of the acquisition of such rights prior to issuance of a zoning or building permit by the County. The applicant has obtained or will obtain all property rights, permits and approvals necessary for the proposed project, including surface, mineral and water rights and easements for drainage, disposal, utilities, access, etcetera. Section 21-3-340.A.20—The proposed project(nonlinear facilities)will not present an unreasonable risk of exposure to or release of toxic or hazardous substances within the impact area. The determination of effects of the project shall include the following considerations: a. The means by which outdoor storage facilities for fuel, raw materials, equipment and related items are adequately enclosed by a fence or wall. b. The likelihood of hazardous materials or wastes being moved off the site by natural causes or forces. c. Containment of inflammable or explosive liquids, solids or gases. The proposed Erie Switching Station is located on the south end of the proposed 115 kV transmission line,adjacent to Western Area Power Administration's existing Hoyt-Terry Street 115 kV line. The site is in the southeast corner of an approximate 53 acre parcel of land in the northwest quarter of Section 25,Township 1 North, Range 68 West. Approximately 11 acres will be obtained by Tri-State for the Switching station and other potential future electrical needs. The actual fenced in area will be approximately 1.5 acres in size and include a 24 foot by 40 foot control building with a height of approximately 15 feet, three dead end structures, three 115 kV bus and related transmission line. r The proposed Del Camino Switching Station is located at the northern end of the proposed 115kV transmission line immediately adjacent to United Power's existing Del Camino's Station. The Switching Station and land will be constructed on land owned by united Power. The actual fenced in area will be approximately 1 acre in size and include a 24 foot by 40 foot control building with a height of approximately 15 feet,three dead end structures,two 115 kV bus and related transmission line. Both of these facilities will utilize low profile structures internal to the facility and will be enclosed with a cyclone fence with the appropriate security measures installed for each location. There are no fuel facilities, raw materials, wastes, inflammable or explosive liquids, solids or gases located along the transmission line alignment or on any site associated with this proposal. Section 21-3-340.A.21 — The scope and nature of the proposed project will not unnecessarily duplicate existing services within the County. The scope and nature of the proposed project will not duplicate existing services within the County. Section 21-3-340.A.22—If the purpose and need for the proposed project are to meet the needs of an increasing population within the County, the area and community development plans and population trends demonstrate clearly a need for such development. The purpose of the proposed line is to provide the area with electric service that is reliable and operates efficiently while helping to ensure an adequate and dependable supply of electrical power to meet the needs of a rapidly growing Tri-City area. Tri-State Generation&Transmission,Inc.,page 8 This recommendation is based,in part,upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services'staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording the plat. The completed plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 60 days of approval by the Planning Commission. (Department of Planning Services) 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) 3. Prior to recording the plat: A. If applicable, the applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application to the Air Pollution Control Division,Colorado Department of Health and Environment for emissions of criteria, hazardous or odorous air pollutants. (Department of Public Health & Environment) B. If applicable, the applicant shall obtain a storm water discharge permit from the Colorado Department of Public Health&Environment,Water Quality Control Division. (Department of Public Health & Environment) C. The applicant shall provide graphic and written documentation addressing the location and identification of all public rights-of-way,existing and proposed structures,utility easements, irrigation ditches, etcetera per Section 21-3-330.8.4 of the Weld County Code. This document shall be prepared for recording in the Clerk and Recorder's office. (Department of Planning Services) D. The applicant shall provide written evidence that the concerns of Patina Oil and Gas have been addressed and met to their satisfaction. (Department of Planning Services) E. The applicant shall provide written evidence that the concerns of Kerr-McGee Rocky Mountain Corporation and Kerr-McGee Gathering LLC have been addressed and met to their satisfaction. (Department of Planning Services) 4. A. WCR 26 is designated on the Southwest Study Capital Improvements Needs Area as a paved rural road,which requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. The first 1,300 feet of the road and right-of-way east of WCR 13 on WCR 26 has been annexed by the Town of Firestone. There are plans to upgrade and pave this portion of road to accommodate the French-Lohmann Gravel Pit (USR-1326). The remaining portion of WCR 26 to WCR 13 is maintained by Weld County B. WCR 6 is designated in the Weld County Road Classification Plan as a collector status road, which requires an 80-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is paved and maintained by Weld County. C. The applicant indicated that the proposed utility lines will be located 63 feet from the center line to allow for future road expansion. WCR 13 from the proposed Del Camino switching station south to WCR 26 is designated as a major arterial, which requires a 140-foot right-of-way for full build out. Weld County requires 70 feet from the roadway center line/section line for future expansion on the west side of WCR 13 though this location. On WCR 26 and WCR 6, the typical set back of 63 feet is adequate from the road center line/section for future roadway expansion. Tri-State Generation&Transmission,Inc.,page 9 D. The applicant should verify with the affected municipalities that the typical 63 feet set back from the center line/section line is adequate to meet final widening requirements. Evidence shall be submitted to the Department of Planning Services and Department of Public Works indicating compliance with each municipalities future right-of-way requirements. (Department of Public Works) E. A Weld County Right-of-Way Permit is required wherever a transmission line crosses the County right-of-way. There will be no staging or parking of equipment or vehicles on the County right-of-way. Utilize the private easement. Contact the Weld County Public Works Department to acquire a right-of-way permit prior to construction. (Department of Public Works) 5. The Weld County Public Works Department had scheduled to replace the bridge over the St.Vrain River just north of WCR 26 on WCR 13,which is parallel to the proposed transmission lines. The bridge is scheduled for this year. A detour route will be set up to accommodate moving equipment and vehicles around the road closing. Please contact the Weld County Pubic Works Department to verify this route. Written evidence of approval of the alternatives shall be submitted to the Department of Planning Services. (Department of Public Works) 6. The access should be placed in such a location that there is adequate sight distance in both directions and not below the crest of a hill. (Department of Public Works) 7. The City of Dacono in their referral received June 27, 2002, requests that the applicant utilize the baseline standards for an Arterial status roadway. These standards call for a one hundred twenty (120)foot right-of-way and a twenty-five (25)foot landscape buffer on both sides of the adjacent to the right-of-way. Written evidence of approval of the alternatives shall be submitted to the Department of Planning Services. (City of Dacono) 8. The City and County of Broomfield, in their referral dated June 6, 2002, requests the applicant obtain the appropriate access and right-of-way permits and approvals from the city. (City and County of Broomfield) 9. The applicant shall provide evidence from the Colorado Department of Transportation as stated in their referral dated May 29,2002,that all newly created points of access onto the State System have been permitted. Written evidence of approval shall be submitted to the Department of Planning Services. (CDOT, Department of Planning Services) 10. The applicant shall provide evidence from the Mountain View Fire Protection District, as stated in their referral dated May 28, 2002, that all issues and requirements pertaining to emergency apparatus and access have been addressed and resolved. Written evidence of approval shall be submitted to the Department of Planning Services. (Mountain View Fire Protection District, Department of Planning Services) 11. Prior to the release of building permits: A. A building permit shall be obtained for the two switching stations. (Department of Building Inspections) B. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of floor plans and plot plans are required when applying for the permit. (Department of Building Inspections) C. A Flood Hazard Development Permit shall be submitted for buildings constructed within the 100-year flood plain. (Department of Building Inspections, Department of Planning) Tri-State Generation&Transmission,Inc.,page 10 12. Prior to operation: A. The applicant shall contact the Weld County Sheriff's Office to schedule a walk through of the new facilities to address their program of crime prevention through environmental design. The program reduces the likelihood of criminal activity at a specific location by "hardening" it to crime. (Sheriff's Office) TnState Generation&Transmission,Inc.,page 11 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS TRI STATE GENERATION AND TRANSMISSION USR-1392 1. A Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility (a 13.2 mile 115 kV transmission line and two new switching stations) in the A(Agricultural)Zone District,as indicated in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. (Department of Planning) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health & Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act,30-20-100.5,C.R.S.,as amended. (Department of Public Health&Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Health & Environment) 6. Fugitive dust shall be controlled on this site. During installation of the transmission line, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance condition, at the request of the Weld County Department of Public Health & Environment,a fugitive dust plan must be submitted. (Department of Public Health&Environment) 7. The applicant shall adhere to the maximum permissible noise levels allowed in the Light industrial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health & Environment) 8. Bottled water shall be utilized for drinking and hand washing during construction of the project. (Department of Public Health & Environment 9. Adequate portable toilet facilities (port-a-potty) shall be provided during the construction of the project. (Department of Public Health & Environment) 10. The applicant shall comply with the requirements of the Air Pollution Control Division, of the Colorado Department of Public Health and Environment. (Department of Public Health & Environment) 11. The applicant shall comply with the requirements of the Water Quality Control Division, of the Colorado Department of Public Health and Environment. (Department of Public Health & Environment) 12. The access road to each switching station shall be maintained by the operator to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities. (Department of Public Works) The off-street parking including the access drive shall be surfaced with gravel, asphalt, concrete, or the equivalent,and shall be graded to prevent drainage problems. (Department of Public Works) TN-State Generation&Transmission,Inc.,page 12 14. There will be no staging or parking of equipment or vehicles on the County right-of-way. (Department of Public Works) 15. Buildings shall conform to the requirements of the 1997 UBC, 1998 IMC, 1997 IPC and Chapter 29 of the Weld County Code. (Department of Planning) 16. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and opening protection and limitations shall be in accordance with UBC Table 5-A. Separation of buildings of mixed occupancy classifications shall be in accordance with UBC Table 3-B and Chapter 3. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code. Offset and setback distances are measured from the farthest projection from the building. (Department of Planning) 17. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 18. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 19. Personnel from the Weld County Departments of Public Health and Environment,Planning Services and Public Works shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 20. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 21. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. TnState Generation&Transmission,Inc.,page 13 CASE NUMBER: USR-1392 APPLICANT: Tri State Generation&Transmission PLANNER: Kim Ogle LEGAL DESCRIPTION: Parts of Sections 5,6,7&18, T2N, R67W; Parts of Sections 1,12,13,14,23,24,25,26,35&36, T2N, R68W; Parts of Sections 1,2,11,12,13,14,23,24,25&26,T1 N, R68W; Parts of Sections 30,31,T3N, R67W; Parts of Sections 25,36,T3N, R68W of the 6th P.M.,Weld County, Colorado. REQUEST:A Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility(a 13.2 mile 115 kV transmission line and two new switching stations) in the A(Agricultural)Zone District. LOCATION: Commencing South of WCR 6 at the Proposed Erie Switching Station (SE 932), north to WCR 6,west to the WCR 6 &WCR 11 intersection, north on WCR 11 to WCR 12; From Dacono Substation (NCU-329) north on WCR 11 to WCR 20.5; east on WCR 20.5 past Rinn Valley Substation to WCR 13; north on WCR 13&northeasterly on Firestone Trail to WCR 26; west on WCR 26 to WCR 13; north on WCR 13 to Del Camino Substation and Proposed Del Camino Switching Station. • ow y I M % l ,/ A &Y 4 0 i N lfile EXHIBIT Lo AK Mg!z essInb J[Camino Substation T ! j,!, �/�✓ .. 10 I n Valley SIDIron substaiar 1 /v � Ek!Propame) TRI-STATE TRANSMISSION&GENERATION,INC. 115;cV Transmission L &Subslalion Imc,ovements Idly 16 IOOn t...r .51{h;Rn�4x 2 1. . r� 3 MEMORANDUM TO: Planning Commission 'glut DATE: July 16, 2002 FROM: Kim Ogle, Planner III COLORADO SUBJECT: Processing Time to complete a 1041 application USR 1392 -Tri-State Generation & Transmission, Inc. Robert Wherry of Lentz, Evans & King P.C. on behalf of his client, William and Anne Stonebraker have requested a change of venue and time for the purposes of the Planning Commission hearing set for 1:30 p.m. today for the above referenced case. Per Section 21-2-310 of the Weld County Code, "An application deemed complete by the Planning Department Director for a Section 1041 Permit relating to a major facility of a public utility, as such term is described in Article III of this Chapter, shall receive a decision from the Board of County Commissioners within ninety(90)days after submission thereof, in compliance with the requirements set forth in Section 29-20-108, C.R.S" The complete section follows: Sec. 21-2-310.B - Permit hearing before Board of County Commissioners. The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon. In making a decision on the proposed request, the Board of County Commissioners shall consider the recommendation of the Planning Commission, and from the facts presented at the public hearing and the information contained in the official record which includes the Department of Planning Services case file, the Board of County Commissioners shall approve the request for the Section 1041 Permit only if it finds that the applicant has met the standards or conditions set forth in the Section 1041 Regulations governing the area or activity of state interest involved in the application, as set forth in this Chapter applicable to each such area or activity of designation. The burden of proof shall be upon the applicant to show compliance with such standards or conditions. The Board of County Commissioners shall reach a decision on a permit application within ten (10)days after the completion of the permit hearing, or the permit shall be deemed approved. An application deemed complete by the Planning Department Director for a Section 1041 Permit relating to a major facility of a public utility, as such term is described in Article Ill of this Chapter, shall receive a decision from the Board of County Commissioners within ninety(90) days after submission thereof, in compliance with the requirements set forth in Section 29-20-108, C.R.S. Department of Planning Services Timeline for USR 1392 is as follows: March 11, 2002 The Department of Planning Services and Tri-State Generation and Transmission, Inc. hereafter known as "the applicant" held a pre-application conference meeting to discuss the proposal May 15, 2002 The applicant submitted the application July 16, 2002 Planning Commission scheduled to hear USR 1392 August 15, 2002 Case shall be scheduled before the Board of County Commissioners prior to this date. See underlined section noted in Section 21-2-310, above. EXHIBIT l.PIy Ate MEMORANDUM TO: Planning. DATE: August 11, 2002ssioners COLORADO FROM: Kim Ogle, Planner III SUBJECT: Tri-State Generation and Transmission, Inc. Planning Commission Hearing Date The Department of Planning Services has received a letter from Tri-State Generation and Transmission, Inc. requesting an additional period of 45 days to review their application, with the date to expire on Tuesday October 1, 2002. The applicant's letter dated July 23, 2002 and electronic mail memorandum dated August 2, 2002 is attached for your review. The Department of Planing Services has received notification that the Town of Firestone Planning Commission Use by Special Review hearing has been scheduled for Wednesday August 21, 2002. Given this development, staff is requesting the case be scheduled for Tuesday September 3, 2002. The applicant concurs with the request for the September 3, 2002 hearing date. Jon Beyer, Land Specialist III with Tri-State Generation and Transmission, Inc. is present and willing to answer questions of the Board. Through action by Planning Commission, case number USR-1392, will be continued until September 17, 2002. The applicant, Jon Beyer of Tri-State is in agreement with this action. Mr. Beyer to ask for pre-advertisement of the application, thereby meeting the forty-five day extension period. ‘1"ttirl MEMORANDUM Wi`P C TO: Planning DATE: August 5, 2002 Commissioners COLORADO FROM: Kim Ogle, Planner III SUBJECT: Tri-State Generation and Transmission, Inc. Planning Commission Hearing Date The Department of Planning Services has received a letter from Tri-State Generation and Transmission, Inc. requesting an additional period of 45 days to review their application, with the date to expire on Tuesday October 1, 2002. Given this timetable the Department of Planning Services requests that the application be placed on the August 20, 2002 hearing docket for review by the Planning Commission. The applicant's letter is attached for your review. The Department of Planing Services has received notification that the Town of Firestone Use by Special Review hearing has been scheduled for Wednesday August 21, 2002. Given this development, staff is requesting the case be scheduled for Tuesday September 3, 2002. The applicant is aware of this scheduling request and concurs with the request for the September 3, 2002 hearing date. Jon Beyer, Land Specialist III with Tri-State Generation and Transmission, Inc. is present and willing to answer questions of the Board. Kim Ogle - Meeting dates for the 1-25 corridor Project Page 1 From: "Beyer, Jonathan" <jbeyer@tristategt.org> To: "'kogle@co.weld.co.us"' <kogle@co.weld.co.us> Date: 8/2/02 10:41 AM Subject: Meeting dates for the 1-25 corridor Project Kim, Following is a list of meeting dates that have been given to Tri-State by you and Weld County, and the Town of Firestone. You may want to make this available to the Weld County Planning Commission. As you will see our process with Firestone does not begin until after our next meeting with the Weld County Planning Commission. However the Firestone process may be complete before we go to the Weld County Commissioners. August 15, 5:30pm to 7pm. Firestone Neighborhood Meeting. Firestone Town Hall. August 20, 1:30pm. Weld County Planning August 21, 7 or 7:30pm Firestone Planning Commission September 5, 7 or 7:30pm Firestone Town Board September 25, Weld County Commissioners. If you would like to discuss these dates or the project please contact myself at 303-452-6111. Jon Beyer r ri- viRmst ,) DEPARTMENT OF PLANNING SERVICES viipe PHONE (970) 353-6100, E4.6498 FAX (9(970) 3004-6498 1555 N. 17TH AVENUE COLORADO GREELEY, COLORADO 80631 May 20,2002 Tri State Generation &Transmission Assoc. Inc. PO Box 33695 Denver CO 80233 Subject: USR-1392- RequestforA Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility (a 13.2 mile 115 kV transmission line and two new switching stations) in the A (Agricultural)Zone District on a parcel of land described as Parts of Sections 5,6,7&18,T2N,R67W;Parts of Sections 1,12,13,14,23,24,25,26,35 & 36, T2N, R68W; Parts of Sections 1,2,11,12,13,14,23, 24, 25 & 26,Ti N, R68W;Parts of Sections 30,31,T3N, R67W;Parts of Sections 25,36,T3N,R68W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for July 16,2002, at 1:30 p.m. This meeting will take place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute, C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Dacono, Firestone and Frederick Planning Commission for their review and comments. Please call Dacona at(303)833-2317,Firestone at(303)833-33291,and Frederick at(303)833- 2388 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Dacono, Firestone and Frederick Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum often days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive)intersects a publicly maintained road right-of-way. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, • Kim 0 ) Plann • � - .t ' t' r' r ' .. ....r zaz ,.,a« ,+. 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LEGAL DESCRIPTION: Parts of Sections 5,6,7&18,T2N, R67W; Parts of Sections 1,12,13,14,23,24,25,26,35& 36,T2N, R68W; Parts of Sections 1,2,11,12,13,14,23,24,25&26,TIN, R68W; Parts of Sections 30,31,T3N, R67W; Parts of Sections 25,36,T3N, R68W of the 6th P.M.,Weld County, Colorado. LOCATION: Commencing South of WCR 6 at the Proposed Erie Switching Station (SE 932), north to WCR 6,west to the WCR 6&WCR 11 intersection, north on WCR 11 to WCR 12; From Dacono Substation (NCU-329) north on WCR 11 to WCR 20.5;east on WCR 20.5 past Rinn Valley Substation to WCR 13;north on WCR 13&northeasterly on Firestone Trail to WCR 26;west on WCR 26 to WCR 13; north on WCR 13 to Del Camino Substation and Proposed Del Camino Switching Station. LAND USE: N > EA S W c. r. ZONING: N A(Agricultural) E A(Agricultural) S A(Agricultural) W A(Agricultural) COMMENTS: re."-2- .2/'t'erri/ot4✓v` vciy of'o✓fa 7?::,t/r/.i/c' )49-1-7/0 eV,/)2" Y"399-trtsJ' /92✓•, To �� i<<%_ ro��G <-'��iU` f�� r.2> �✓i%9� se/46P,2,Yw7 oi✓V(2, ,-r)--iief't7E/1rv'i i22/.1/i . 2 Ojr'�i�•9�/o�>/s t-w.c 2 2-V Z T-9r1cc ✓/Ticizti Liw>rf /2./a,1/7 -'3 ' rofAwe- ic P.C. Member ez CL� ^c FIELD CHECK inspection date: July 6, 2002 CASE NUMBER: USR 1392 APPLICANT: TRI STATE GENERATION AND TRANSMISSION LEGAL DESCRIPTION: Parts of Sections 5,6,7&18,T2N, R67W; Parts of Sections 1,12,13,14,23,24,25,26,35& 36,T2N, R68W; Parts of Sections 1,2,11,12,13,14,23, 24,25&26,TIN, R68W; Parts of Sections 30,31,T3N, R67W; Parts of Sections 25,36,T3N, R68W of the 6th P.M.,Weld County, CO LOCATION: Commencing South of WCR 6 at the Proposed Erie Switching Station (SE 932), north to WCR 6,west to the WCR 6&WCR 11 intersection, north on WCR 11 to WCR 12; From Dacono Substation (NCU-329) north on WCR 11 to WCR 20.5;east on WCR 20.5 past Rinn Valley Substation to WCR 13; north on WCR 13&northeasterly on Firestone Trail to WCR 26;west on WCR 26 to WCR 13; north on WCR 13 to Del Camino Substation and Proposed Del Camino Switching Station. Zonino Land Use N N Agricultural/ Residential E E Agricultural / Residential S S Agricultural /Residential W W Agricultural / Residential COMMENTS: Line route is lineal and is entirely within existing and/or future right-of-way for County and municipality roads. The two switching stations, Erie (proposed) is on property owned by united Power. Del Camino switching station is an expansion of the existing facility. Line proposes to consolidate existing lower voltage lines presently on WCRs 11 and 13 onto one power pole carrying lower voltage lines on undercarriage bar and higher transmission lines on pole. Proposed alignment travels within Weld County, Broomfield County and within the corporate city limits of the Towns of Frederick, Firestone and Dacono. Kirin lanner Ill i Hello