HomeMy WebLinkAbout20251261.tiffResolution
Approve Use by Special Review Permit, USR24-0029, for a 1041 Major Facility of a
Public Utility (115/12.47 -kV Substation) in the A (Agricultural) Zone District —
Vima Partners, LLC, c/o Tri-State Generation and Transmission Association, Inc.
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, the Board of County Commissioners held a public hearing on the 21st day of
May, 2025, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Vima Partners, LLC, 1625 Pelican Lakes Point, Suite 201,
Windsor, Colorado 80550, c/o Tri-State Generation and Transmission Association, Inc.,
1100 West 116th Avenue, Westminster, Colorado 80234, for Use by Special Review
Permit, USR24-0029, for a 1041 Major Facility of a Public Utility (115/12.47 -kV
Substation) in the A (Agricultural) Zone District, on the following described real estate,
being more particularly described as follows:
Public Facility Division, PFD24-0001; being part of the NE1/4 of Section 7,
Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado
Whereas, at said hearing, the applicant was represented by Isabella Beshouri,
1100 West 116th Avenue, Westminster, Colorado 80234, and
Whereas, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
Whereas, the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission, and all of the exhibits and evidence presented in this
matter, and having been fully informed, finds that this request shall be approved for the
following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 21-3-330 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 21-3-340.A of the Weld County Code as follows:
A. Section 21-3-340.A.1 — The health, welfare and safety of the citizens of the
County will be protected and served. The Iron Mountain Substation (Project)
will be constructed on a six (6) -acre parcel, created in 2024, which was
created via the Public Facility Division process. The parent parcel is
cropland with a feeder lateral from the Loveland and Greeley Canal to the
Oklahoma Reservoir, bisecting the land; however, the substation will not
affect the ditch. The Project will remove only six (6) acres of crop land from
production, and the surrounding land uses include pastures, crops, and
cc : PL(DE/Mw/DA/DA/KR) CA(KM), MR (s0,
APPL., APPI . REP.
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rural residences. There are no residences or businesses located in the
NE1/4 of Section 7. The site location was selected primarily due to the
location of the existing 115 -kV Western Area Power Administration (WAPA)
Airport —Windsor Tap —Whitney transmission line (circa 1989). The Design
Standards (Section 23-2-240), Operation Standards (Section 23-2-250),
Conditions of Approval, and Development Standards ensure there are
adequate provisions for the protection of the health, safety, and welfare of
the inhabitants of the neighborhood and County.
B. Section 21-3-340.A.2 — The natural and socio-economic environment of the
County will be protected and enhanced. The Towns of Windsor and
Johnstown and the City of Loveland are within a two (2) -mile proximity to
the Project. During the construction period, the local economy may see a
small influx of dollars as construction contractors will likely spend money in
these communities for fuel, food, and other supplies. The six (6) -acre
substation site will be removed from agricultural use. Land surrounding the
substation and transmission structures will remain available for farming,
grazing, or other operations that do not interfere with the safe and reliable
operation of the transmission line. There are no anticipated adverse
socioeconomic impacts associated with the Project and it will not cause any
residents or businesses to be displaced. The Project will enable the
development of more residential neighborhoods and commercial
businesses, thereby generating additional property tax revenue for Weld
County, which aligns with the Economic Development Goals and Policies
described in the Weld County Comprehensive Plan.
C. Section 21-3-340.A.3 — All reasonable alternatives to the proposed action,
including use of existing rights -of -way and joint use of rights -of -way
wherever uses are compatible, have been adequately assessed and the
proposed action is compatible with, and represents the best interests of, the
people of the County and represents a fair and reasonable utilization of
resources in the impact area. The preferred alternative, Alternative 2,
proposes to construct a new substation, the Iron Mountain Substation. This
preference is based on the findings of the System Impact Study (SIS), done
in June 2023. The SIS found that improvements were required to
sectionalize the line. The location of the sectionalizing station was
determined to be two (2) miles east of the Airport Substation (in Larimer
County) due to physical constraints in the vicinity of Windsor Tap. The
location for the substation was based, in part, on a review that indicated the
impacts to agricultural lands will be minimized by siting the facility next to a
public road and avoiding an access road. Transmission infrastructure is
already prevalent in the area and placement of the proposed substation and
transmission line structures will not preclude the use of farmland on the
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adjacent parcel. Three (3) locations were evaluated: the subject site and
two (2) other sites in the area. One (1) of the alternative sites would have
required underground boring of Poudre Valley Rural Electric Association
(PVREA) distribution lines to avoid the existing canals, while the other was
removed from consideration by discussions with the landowners. The
combination of willing landowners, together with the feasibility of tapping the
WAPA transmission line, ultimately determined the currently proposed site
to be the best option. There are no alternative types of facilities that would
accomplish the Project's purpose and need.
General location objectives include, but are not limited, to the following
considerations:
1) Agricultural uses (e.g., center pivots, crops)
2) Land ownership (e.g., Federal)
3) Length of transmission and distribution lines required
4) Number of residences in proximity
5) Engineering factors (e.g., transmission line crossings and angles)
6) Property lines
7) Proximity to wells and other oil and gas facilities
Tri-State Generation and Transmission Association, Inc. (Tri-State)
performed a SIS in June 2023, and three (3) alternatives were identified and
evaluated:
1) Expand the Airport Substation to add a second 115/12.47 -kV,
30 MVA transformer.
2) Construct a new substation to interconnect the Airport — Windsor Tap
— Whitney 115kV line, located about two (2) miles east of the Airport
Substation.
3) Provide an energy storage system on the distribution system
between the Airport and Windsor Substations.
Alternative 1: Expand the Airport Substation (Airport) to add a second
115/12.47 -kV, 30 MVA transformer. Expansion at the Airport was originally
considered to increase capacity for the PVREA service area between
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Loveland and Windsor. Tri-State initiated a request to Platte River Power
Authority (PRPA) concerning the addition of a second transformer for
PVREA at Airport. PRPA's review of the request identified the need to
substantially expand the Airport Substation from a six (6) -breaker ring to a
full breaker -and -a -half design consisting of 12 breakers, due to the number
of line positions and existing transformers. The PRPA expansion design
would require that the existing Tri-State-owned distribution transformer,
located at Airport, would need to be removed to create space for the breaker
expansion. A new satellite yard would then need to be constructed to the
east of the existing Airport Substation for both the existing and newly
proposed transformers. Initial investigation of the property adjacent to the
Airport site indicated that the satellite yard would need to be located even
farther to the east, to avoid existing pipeline facilities, or to the south. The
landowner at Airport has plans to develop a subdivision on the parcel, which
would further restrict the siting opportunities for, and increase the residential
impacts of, a substation expansion.
Alternative 2: Construct a new substation to interconnect the Airport —
Windsor Tap — Whitney 115kV line, located about two (2) miles east of the
Airport Substation. In consideration of the constraints of the proposed
expansion at Airport, the construction of a new substation was evaluated as
an alternative. In proposing this alternative, the SIS found that
improvements were required to sectionalize the line. The location of the
sectionalizing station was determined to be two (2) miles east of Airport,
due to physical constraints in the vicinity of Windsor Tap. This site, known
as Iron Mountain, provided adequate space to construct a substation with
the advantage of not impacting or relocating existing facilities. The site will
also be capable of expansion, if needed. Evaluation by PVREA for their
distribution circuits indicated the Iron Mountain site was the most efficient
and cost-effective option when compared to Airport, primarily due to the
length of the distribution circuits and the long-term efficiency of associated
losses. PVREA also concluded that the addition of a substation between
Windsor and Airport will significantly improve reliability, since the Iron
Mountain Substation, when fully completed, could provide support for both
Airport and Windsor under planned and forced outages of primary facilities.
Alternative 3: Provide an energy storage system on the distribution system
between the Airport and Windsor Substations. Energy storage was not
considered a viable option. The cost to produce a large enough battery is
prohibitive and charging the battery would strain the distribution system.
There are no non-structural alternatives that will accomplish the purpose
and need for the Project. If the Project is not constructed, Tri-State and its
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members would be required to seek other locations, with potentially greater
impacts, to construct adequate facilities to accomplish the Project goals.
D. Section 21-3-340.A.4 — A satisfactory program to mitigate and minimize
adverse impacts has been presented. Colorado Parks and Wildlife and the
State Historical Society (History Colorado) did not return a referral
response. WAPA, the Environmental Protection Agency (EPA), and the
United States Fish and Wildlife Service (USFWS) were also provided an
opportunity to review the application; however, no referral responses were
received from any of these federal agencies. The land uses on the
surrounding properties include agriculture and residences. The oil and gas
development in the area is shown as either abandoned or plugged and
abandoned. There is an existing electric transmission that traverses the
property east and west. The east 30 feet of County Road (CR) 15
right-of-way is annexed into the Town of Windsor. In an email dated July 11,
2024, the town indicated this annexation will be de -annexed. There are 21
adjacent properties, with 14 unique property owners, and four (4)
residences within 1,320 feet (1/4 mile) of the six (6) -acre parcel. The 14
surrounding property owners (SPOs) and one (1) mineral owner were
notified of this 1041 application on January 23, 2025, and again on April 4,
2025, and no correspondence was received.
Tri-State conducted a Biological Resources Assessment on the Project site.
The desktop review and field survey identified and mapped the following
potential environmental constraints:
1) Threatened and endangered species and associated critical habitats
within the Project area.
2) State sensitive and listed species and associated potential habitat
within the Project area and direct vicinity.
3) Raptor nests, including eagles, within one-half (1/2) mile of the
Project.
4) Suitable burrowing owl habitat within one -quarter (1/4) mile of the
Project.
5) Wetlands and other Waters of the United States (WOTUS) within the
Project area.
The Project site, a six (6) -acre parcel, is crop land that has historically been
part of a 160 -acre parent parcel. The site is flat, and the geological and
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topographic features of the site are adequate for all construction, clearing,
grading, drainage, vegetation and other needs of the facility construction or
expansion. Permanent removal of vegetation will occur within the six (6)
acres proposed for the substation. Construction will occur primarily in an
area that has been disturbed by agriculture and impacts to native vegetation
are expected to be minimal. The Project will not impact the flow of
groundwater, nor will it affect groundwater recharge. The Project site is not
situated within the boundaries of a 100 -year or 500 -year floodplain. It is
situated in an Area of Minimal Flood Hazard, in which there are no potential,
adverse impacts anticipated. No drainages or wetlands occur at the
substation site. The Project is located in an ecoregion characterized by flat
to rolling plains with shortgrass prairie. The substation site is in a highly
disturbed agricultural field, which reduces the ability for native plants
typically found in the Flat to Rolling Hills level IV ecoregion to occur. The
area surrounding the substation is likely to support a variety of common
wildlife such as coyote, skunk, rabbits, and various birds, including raptors.
The region also supports habitat for various state -listed species, discussed
in detail below. There is no federally designated critical wildlife habitat in the
vicinity of the Project. Tri-State conducted field surveys of the substation
property for migratory birds. Due to the Project's small size and the current
agricultural production on the site, there is very limited nesting habitat for
most migratory birds. General wildlife observations within the Project area
were typical for agricultural areas in Weld County. The following species
were identified during the field visit: Swainson's hawk (Buteo swainsoni),
mourning dove (Zenaida macroura), red-tailed hawk (Buteo jamaicensis),
common pigeon (Columba livia), red -winged blackbird (Agelaius
phoeniceus), and American kestrel (Falco sparverius). Although nesting
substrate for raptors was observed within the field survey area, no raptors
were observed within one-half (1/2) mile of the substation site. No suitable
burrowing owl habitat was observed within one -quarter (1/4) mile of the site.
Project impacts to wildlife are expected to be minimal and limited to
temporary disturbance from construction activities. To preclude avian
electrocutions and minimize collision risk, Tri-State will incorporate Avian
Protection Plan (APP) recommendations developed by the Avian Power
Line Interaction Committee (APLIC, 2006) and the APP guidelines (APLIC
and USFWS 2005) to protect birds at the substation. Furthermore, impacts
can be largely avoided or mitigated by surveys and/or seasonal construction
restrictions.
E. Section 21-3-340.A.5 — The nature and location or expansion of the facility
complies with all applicable provisions of the master plan of Weld County,
and other applicable regional, metropolitan, state and national plans. The
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substation location is within the three (3) -mile referral area for the Towns of
Windsor and Johnstown, the City of Greeley, and Larimer County. The
Town of Windsor responded with no concerns in their referral agency
comments dated January 30, 2025. The Town of Johnstown did not respond
to the referral request. The City of Greeley and Larimer County both
indicated "no concerns" in their referral agency comments, dated
February 12, 2025, and February 18, 2025, respectively. The site is not
located within the Town of Johnstown's Growth Management Area;
however, it is located within the Town of Windsor's Growth Management
Area with a land use depiction of Parks, Open Space, Mineral Extraction
and Floodplain. As part of the pre -application process the Towns of Windsor
and Johnstown were sent a Notice of Inquiry (NOI). The NOIs for both
Johnstown and Windsor, dated July 1, 2024, and July 16, 2024,
respectively, stated no interest in pursuing annexation.
F. 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
substation is located in the Windsor area, north of U.S. Highway 34 and
east of, and adjacent to, CR 15. CR 15 is a gravel road maintained by Weld
County. The placement of the substation will remove about six (6) acres
from agricultural use. A maximum of ten (10) workers will be employed
during construction with an average of seven (7) workers present at any one
time. The site will be monitored remotely during operation with infrequent
trips to the substation for inspections and occasional trips for maintenance.
Given the relatively short construction schedule, the substation construction
traffic should not adversely affect Weld County Roads. Tri-State will
coordinate with the County and the Colorado Department of Transportation
(CDOT). There may be short periods of time when traffic will be halted on
CR 15 to allow construction vehicles to enter and exit the construction area.
An access will be created off CR 15. The Development Review referral
agency comments, dated February 19, 2025, stated an Access Permit and
a Road Maintenance Agreement are required and CDOT submitted referral
agency comments, dated February 3, 2025, that include requirements for
additional traffic information. The substation will facilitate residential and
commercial growth in the area. This growth will impact the services in the
region; however, the addition of the substation itself will not create any
undue burden on County, state, and private services.
G. Section 21-3-340.A.7 — The nature and location or expansion of the facility
will not create an expansion of the demand for government services beyond
the reasonable capacity of the community or region to provide such
services, as determined by the Board of County Commissioners. The
Project area is within jurisdiction of the Weld County Sheriffs Office
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(WCSO) and Windsor Severance Fire Rescue (WSFR). U.S. Highway 34 is
maintained by CDOT and the county roads in the area are maintained by
the Weld County Department of Public Works. The nearest hospital is the
UC Health Medical Center of the Rockies located at I-25 and
U.S. Highway 34. Unless emergency situations occur, these services are
not expected to be significantly impacted. CDOT submitted referral agency
comments, dated February 3, 2025, that include requirements for additional
traffic information, and the WCSO and WSFR submitted referrals with no
comments, dated February 3, 2025, and February 4, 2025, respectively.
H. Section 21-3-340.A.8 — The facility site or expansion area is not in an area
with general meteorological and climatological conditions, which would
unreasonably interfere with, or obstruct, normal operations and
maintenance. The substation will be on a six (6) -acre site, which will not
affect the meteorological and climatological conditions.
I. Section 21-3-340.A.9 — The nature and location of the facility or expansion
will not adversely affect the water rights of any upstream, downstream or
agricultural users, adjacent communities or other water users. The
application materials state the construction, operation, and maintenance of
the substation will not have short, or long term, measurably adverse impacts
on surface or groundwater quality. The substation will not impact hydrologic
flow of either surface water or groundwater, nor will it affect groundwater
recharge. There will be no permanent employees on the site. Portable
toilets are acceptable during construction and can be utilized during
operation, per the Weld County Department of Public Health and
Environment referral dated February 13, 2025.
J. Section 21-3-340.A.10 — Adequate water supplies are available for facility
needs. No water will be required for the operation of the substation and no
permanent water supply is proposed. Potable water will be provided during
construction by a potable water supplier and minimal quantities of water for
construction and dust suppression will be brought in by a water truck on an
as -needed basis. No concerns about the use or origin of the water for this
project was outlined in the Weld County Department of Public Health and
Environment referrals agency comments dated February 13, 2025.
K. Section 21-3-340.A.11 — The nature and location of the facility or expansion
will not unduly interfere with existing easements, rights -of -way, other
utilities, canals, mineral claims or roads. The applicant has obtained all
required easements and will not unduly interfere with existing easements,
rights -of -way, other utilities, canals, mineral claims or roads.
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L. Section 21-3-340.A.12 —Adequate electric, gas, telephone, water, sewage
and other utilities exist or shall be developed to service the site. This is an
unmanned substation on a six (6) -acre site, adjacent to CR 15, just south
of CR 60. The substation will connect via a gen-tie to an existing 115 -kV
WAPA Airport —Windsor Tap —Whitney transmission line (circa 1989). The
new substation will serve the new residential development (2,000+ homes),
apartment complexes, schools, and commercial loads between Windsor
and Loveland; therefore, utility services are not required post construction.
M. Section 21-3-340.A.13 — The nature and location for expansion of the facility
will not unduly interfere with any significant wildlife habitat or adversely
affect any endangered wildlife species, unique natural resource or historic
landmark within the impact area. The Colorado Parks and Wildlife and the
State Historical Society (History Colorado) did not return referral responses.
The land uses on the surrounding properties include agriculture and
residences. The oil and gas development in the area is shown as either
abandoned or plugged and abandoned. There is an existing electric
transmission that travels east / west on the southern boundary of the site.
Tri-State conducted a Class III Pedestrian Survey of the Project area where
infrastructure is planned. No sites were eligible for listing on the National
Register of Historic Places, nor were any isolated archaeological finds found
on the substation property. There are no areas of geologic importance in
the vicinity of the Project.
N. Section 21-3-340.A.14 — The nature and provision of service, will not
significantly deteriorate water or air quality in the impact area. The
application materials state that the construction, operation, and
maintenance of the substation will not have short or long term measurably
adverse impacts to surface or groundwater quality. The substation will not
impact hydrologic flow of either surface water or groundwater, nor will it
affect groundwater recharge. According to the application, construction and
maintenance of the substation will not measurably impact surface water or
groundwater quality. Additionally, there will be no long-term impacts to
surface water or groundwater hydrology as a result of construction or
operation of the Project. No drainages or wetlands occur at the substation
site. There will be no direct impacts to water quality associated with regular
operation or maintenance of the substation. Project construction will not
create runoff in excess of previous site levels and will not adversely affect
drainage. The drainage design was prepared to maintain or improve historic
flow paths, discharge rates, and water quality. Prior to construction, a Storm
Water Permit for Construction Activities will be acquired from the CDPHE.
Minimal water will be used during Project construction. Water for
construction purposes, including concrete foundations and dust control, will
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be brought in from off -site sources by a construction water provider. The
source of the construction water will be from either a private well owned by
the construction water company or from a municipality. No existing water
rights will be impacted, and there will be no long-term use of water. If water
is needed for revegetation around transmission structures or temporary
access roads, the construction water provider will supply the water.
Construction of the Project is not expected to negatively contribute to the
air quality status in the area. There will be no long-term air quality effects
associated with routine operation and maintenance of the proposed
substation. Construction of the substation will last approximately 11 months
and will generate less than significant amounts of particulate matter from
soil disturbances and diesel -powered equipment. Additionally, the
construction activities will generate less than significant amounts of carbon
monoxide and the precursor pollutants to ozone formation from tailpipe
emissions. Any air pollutants generated will be widely dispersed across the
Project area, short-term in duration, and minimized by the small scale of
construction operations for the substation. Once construction activities have
been completed, but before vegetation has been re-established, some
minor amount of additional dust could occur. The generation of dust will be
monitored by Tri-State, and appropriate action will be taken to control the
dust and ensure that potential wind erosion is minimized.
O. Section 21-3-340.A.15 — The geological and topographic features of the site
are adequate for all construction, clearing, grading, drainage, vegetation
and other needs of the facility construction or expansion. The Project's site,
a six (6) -acre parcel, is crop land that was divided from the NE1/4 of
Section 7. The site is flat and there are no significant natural hazards in the
area that will affect, or be affected by, the Project. The vegetation in the
vicinity of the substation can be characterized as agricultural fields.
Permanent removal of vegetation will occur within the six (6) acres
proposed for the substation. Construction will occur primarily in an area that
has been previously disturbed by agriculture, and impacts to native
vegetation communities are expected to be minimal.
P. Section 21-3-340.A.16 — The existing water quality of affected state waters
will not be degraded below state and federal standards or established
baseline levels. There will be no direct impacts to water quality associated
with regular operation or maintenance of the substation. A final Drainage
Report is required.
Q. Section 21-3-340.A.17 — The proposed project will not have a significantly
adverse net effect on the capacities or functioning of streams, lakes and
reservoirs in the impact area, nor on the permeability, volume, recharge
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capability and depth of aquifers in the impact area. According to the
application, construction and maintenance of the substation will not
measurably impact surface water or groundwater quality. Additionally, there
will be no long-term impacts to surface water or groundwater hydrology as
a result of construction or operation of the Project. No drainages or wetlands
occur at the substation site. The proposed substation will not impact the
flow of groundwater, nor will it affect groundwater recharge. There will be
no direct impacts to water quality associated with regular operation or
maintenance of the substation. Project construction will not create runoff in
excess of previous site levels and will not adversely affect drainage. The
drainage design was prepared to maintain or improve historic flow paths,
discharge rates, and water quality. Prior to construction, a Storm Water
Permit for Construction Activities will be acquired from the CDPHE. Minimal
water will be used during Project construction. Water for construction
purposes, including concrete foundations and dust control, will be brought
in from off -site sources by a construction water provider. The source of the
construction water will be from either a private well owned by the
construction water company or from a municipality. No existing water rights
will be impacted, and there will be no long-term use of water. If water is
needed for revegetation around transmission structures or temporary
access roads, the construction water provider will supply the water. No
water will be required for the operation of the substation.
R. Section 21-3-340.A.18 — The benefits of the proposed developments
outweigh the losses of any natural resources or reduction of productivity of
agricultural lands as a result of the proposed development. Upon
completion, the Project will cover approximately six (6) acres. All disturbed
areas will be revegetated, and noxious weeds will be controlled.
S. Section 21-3-340.A.19 — The applicant has obtained, or will obtain, all
property rights, permits and approvals necessary for the proposed project,
including surface, mineral and water rights and easements for drainage,
disposal, utilities, access, etc. If the applicant has not obtained all necessary
property rights, permits and approvals, the Board may, at its discretion,
grant the permit conditioned upon completion of the acquisition of such
rights, prior to issuance of a Zoning or Building Permit by the County.
Tri-State is in the process of purchasing the six (6) -acre parcel. This 1041
Permit and a CDOT Access Permit are required. Since this is not a
transmission line, easements are not required.
T. Section 21-3-340.A.20 — The proposed project (nonlinear facilities) will not
present an unreasonable risk of exposure to, or release of, toxic or
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hazardous substances within the impact area. The determination of effects
of the project shall include the following considerations:
1) The means by which outdoor storage facilities for fuel, raw materials,
equipment and related items, are adequately enclosed by a fence or
wall.
2) The likelihood of hazardous materials or wastes being moved
off the site by natural causes or forces.
3) Containment of inflammable or explosive liquids, solids or
gases.
Tri-State has discussed screening options with the SPOs and is proposing
to construct an eight (8) -foot architectural wall, which will surround the
substation. No landscaping is proposed. Materials will be temporarily stored
at the substation site during construction, but there will be no stockpile of
wastes onsite. Dumpsters will be provided for construction waste and will
be emptied on a regular, or as -needed, basis. There will be no permanent
storage onsite. All construction waste, including trash and litter, garbage,
other solid waste, petroleum products, and other potentially hazardous
materials, will be removed from the site and transported to a disposal facility
authorized to accept such materials. The only hazardous chemicals
expected to be used onsite are those found in diesel fuel, gasoline, coolant
(ethylene glycol), and lubricants in machinery. Hazardous materials will not
be drained onto the ground or into streams or drainage areas.
U. Section 21-3-340.A.21 — The scope and nature of the proposed project will
not unnecessarily duplicate existing services within the County. The Project
will be constructed on a six (6) -acre parcel. The site location was selected
primarily due to the location of the existing 115 -kV WAPA Airport —Windsor
Tap —Whitney transmission line (circa 1989).
V. Section 21-3-340.A.22 — If the purpose and need for the proposed project
are to meet the needs of an increasing population within the County, the
area and community development plans and population trends demonstrate
clearly a need for such development. The Project will be constructed on a
six (6) -acre parcel created in 2024, via Public Facility Division, PFD24-0001;
being part of the NE1/4 of Section 7, Township 5 North, Range 67 West of
the 6th P.M., Weld County, Colorado. The substation will remove six (6)
acres of crop land from production. The surrounding land uses include
pastures, crops, and rural residences. There are no residences or
businesses located on the parent parcel. The site location was selected
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primarily due to the location of the existing 115 -kV WAPA Airport —Windsor
Tap —Whitney transmission line (circa 1989). The new substation will serve
the new residential development, including approximately 2,000 single-
family residences, apartment complexes, schools, and commercial
demands between Windsor and Loveland with electric energy.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of Vima Partners, LLC, c/o Tri-State Generation and
Transmission Association, Inc., for Use by Special Review Permit, USR24-0029, for a
1041 Major Facility of a Public Utility (115/12.47 -kV Substation) in the A (Agricultural)
Zone District, on the parcel of land described above, be, and hereby is, granted subject
to the following conditions:
1. Prior to recording the map:
A. The PFD24-0001 plat shall be recorded.
B. A Road Maintenance Agreement for Construction is required at this
location. Road maintenance includes, but is not limited to, dust control and
damage repair to specified haul routes.
C. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer, registered in the State of Colorado, is
required.
D. The applicant shall acknowledge the comments of the Division of Water
Resources, as stated in the referral dated March 12, 2025. Written evidence
of such shall be submitted to the Weld County Department of Planning
Services.
E. The applicant shall address the requirements of the State of Colorado
Department of Public Health and Environment, as stated in the referral
dated January 29, 2025. Written evidence of such shall be submitted to the
Weld County Department of Planning Services.
F. The applicant shall address the requirements of the Colorado Department
of Transportation, as stated in the referral dated February 3, 2025. Written
evidence of such shall be submitted to the Weld County Department of
Planning Services.
G. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR24-0029.
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2. The attached Development Standards.
3. The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4. The applicant shall show and label the approved Screening Plan.
5. The applicant shall show and label all recorded easements and
rights -of -way by book and page number or Reception number and
date.
6. County Road 15 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which requires
60 feet of right-of-way at full buildout. The applicant shall delineate
and label the existing right-of-way (along with its creating
documents) and the physical location of the road on the USR map.
All setbacks shall be measured from the edge of the right-of-way.
This road is maintained by Weld County.
7. County Road 60 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which requires
60 feet of right-of-way at full buildout. The applicant shall delineate
and label the existing right-of-way (along with its creating
documents) and the physical location of the road on the USR map.
All setbacks shall be measured from the edge of the right-of-way.
This road is maintained by Weld County.
8. The applicant shall show, label, and dimension the approved access,
approved access width, and the appropriate turning radii (65'). The
applicant must obtain an Access Permit in the approved location,
prior to construction.
9. The applicant shall show and label the approved tracking control.
10. The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
11. The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as, "Stormwater Detention,
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No -Build or Storage Area" and shall include the calculated water
quality and detention volumes.
12. The applicant shall show and label the drainage flow arrows.
13. The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a paper map along with all other documentation required as
Conditions of Approval. The paper map shall be recorded in the office of the Weld
County Clerk and Recorder by the Department of Planning Services. The map
shall be prepared in accordance with the requirements of Section 23-2-260.D of
the Weld County Code. The Paper map and additional requirements shall be
submitted within 120 days from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J, Weld County Code Ordinance, should the map
not be recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 continuance fee shall be added for each
additional three (3) month period.
4. Prior to Construction:
A. The approved access and tracking control shall be constructed.
B. Overweight and/or oversized Special Transport Permits from the
Department of Public Works shall be acquired for all applicable trucks.
C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
is required.
D. A Storm Water Permit for Construction Activities will be obtained from the
Colorado Department of Public Health and Environment (CDPHE).
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Development Standards
Vima Partners, LLC,
c/o Tri-State Generation and Transmission Association, Inc.
USR24-0029
1 Use by Special Review Permit, USR24-0029, is for a 1041 Major Facility of a Public
Utility (115/12.47 -kV Substation) in the A (Agricultural) Zone District, subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right, pursuant to
Section 23-8-10 of the Weld County Code.
3. During operation this will be an unmanned facility, as stated in the application
materials.
4. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
5. Lighting shall be maintained in accordance with the approved Lighting Plan, as
applicable.
6. The property owner or operator shall be responsible for controlling noxious weeds
on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
7. The access to the site shall be maintained to mitigate any impacts to the public
road, including damages and/or off -site tracking.
8. There shall be no parking or staging of vehicles on public roads. On -site parking
shall be utilized.
9. Any work that may occupy and/or encroach upon any County rights -of -way or
easement shall require an approved Right -of -Way Use Permit prior to
commencement.
10. The property owner shall comply with all requirements provided in the executed
Road Maintenance Agreement for Construction Only.
11. The Road Maintenance Agreement for Construction Only for this site may be
reviewed on an annual basis, including a site visit and possible updates.
12. The historical flow patterns and runoff amounts will be maintained on the site in
such a manner that it will reasonably preserve the natural character of the area
and prevent property damage of the type generally attributed to runoff rate and
velocity increases, diversions, concentration and/or unplanned ponding of
stormwater runoff.
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13. Weld County is not responsible for the maintenance of on -site drainage related
features.
14. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal
in a manner that protects against surface and groundwater contamination.
15. 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, C.R.S. §30-20-100.5.
16. Waste materials shall be handled, stored, and disposed of in a manner that
controls fugitive dust, blowing debris, and other potential nuisance conditions. The
facility shall operate in accordance with Chapter 14, Article I of the Weld County
Code.
17. Fugitive dust should attempt to be confined on the property. Uses on the property
should comply with the Colorado Air Quality Commission's Air Quality Regulations.
18. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit Application and obtain a permit from the Air Pollution Control
Division of the Colorado Department of Public Health and Environment, as
applicable.
19. Adequate drinking, handwashing and toilet facilities shall be provided for
employees and contractors of the facility, as applicable. During construction,
portable toilets and bottled water are acceptable. Records of maintenance and
proper disposal for portable toilets shall be retained on a quarterly basis and
available for review by the Weld County Department of Public Health and
Environment. Portable toilets shall be serviced by a cleaner licensed in Weld
County, contain hand sanitizers and be screened from existing adjacent residential
properties and public rights -of -way.
20. All chemicals must be handled in a safe manner, in accordance with product
labeling. All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations.
21. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone, as delineated in C.R.S. §25-12-103.
22. The applicant shall obtain a Colorado Discharge Permit System (CDPS) Permit
from the Colorado Department of Public Health and Environment (CDPHE), Water
Quality Control Division, if applicable.
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23. Environmental Protection Measures for Construction Projects, as included in the
application, shall be adhered to at all times.
24. The operation shall comply with all applicable rules and regulations of state and
federal agencies and the Weld County Code.
25. Construction office/storage trailers and electrical services to the trailers are subject
to Building Permits, per Section 29-3-10 of the Weld County Code.
26. Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Impact Fee, County Facility Fee, and Drainage
Impact Fee Programs.
27. The property owner or operator shall be responsible for complying with the Design
and Operation Standards of Chapter 23 of the Weld County Code.
28. All buildings shall comply with the setback from oil and gas wells, per
Section 23-4-700, as amended.
29. Necessary personnel from the Weld County Departments of Planning Services,
Public Works, and Public Health and Environment shall be granted access onto
the property at any reasonable time in order to ensure the activities carried out on
the property comply with the Conditions of Approval and Development Standards
stated herein and all applicable Weld County regulations.
30. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or
stated, shall require the approval of an amendment of the Permit by the Weld
County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the
office of the Department of Planning Services.
31. 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.
32. Construction or use pursuant to approval of a Use by Special Review Permit shall
be commenced within three (3) years from the date of Board of County
Commissioners signed Resolution, unless otherwise specified by the Board of
County Commissioners when issuing the original Permit, or the Permit shall be
vacated.
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33. This Use by Special Review shall terminate when the use is discontinued for a
period of three (3) consecutive years, the use of the land changes or the time
period established by the Board of County Commissioners through the approval
process expires. The landowner may notify the Department of Planning Services
of a termination of the use, or Planning Services staff may observe that the use
has been terminated. When either the Department of Planning Services is notified
by the landowner, or when the Department of Planning Services observes that the
use may have been terminated, the Planner shall send certified written notice to
the landowner asking that the landowner request to vacate the Use by Special
Review Permit.
34. In such cases where the Use by Special Review has terminated but the landowner
does not agree to request to vacate the Use by Special Review Permit, a hearing
shall be scheduled with the Board of County Commissioners to provide the
landowner an opportunity to request that the Use by Special Review Permit not be
vacated, for good cause shown. The landowner shall be notified at least ten (10)
days prior to the hearing. If the Board of County Commissioners determines that
the Use by Special Review has terminated and no good cause has been shown
for continuing the permit, then the termination becomes final, and the Use by
Special Review Permit is vacated.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 21st day of May, A.D., 2025:
Perry L. Buck, Chair: Excused
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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