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LAND USE APPLICATION
SUMMARY SHEET
Diana Aungst
USR24-0029
Vima Partners, LLC. c/o Martin Lind
1625 Pelican Lakes Point, Suite 201, Windsor, Colorado 80550
Hearing Date: May 6, 2025
Tri-State Generation and Transmission Association, Inc., c/o Selina Koler
PO Box 33695, Denver, CO, 80233
A Use by Special Review Permit for a 1041 Major Facility of a Public Utility (115/12.47 -
kV Substation) in the A (Agricultural) Zone District — Iron Mountain Substation
Public Facility Division PFD24-0001; being part of the NE4 Section 7, T5N, R67W of
the 6th P.M., Weld County, CO
West of and adjacent to County Road 15 and approximately .75 miles north of US
Highway 34
Zoning: A (Agricultural)
Size of Parcel: +/- 6 acres Parcel No. 0957-07-1-00-001
The criteria for review of this Special Review Permit are listed in Chapter 21 of the Weld County Code
The Department of Planning Services' staff has received responses with comments from the following
agencies:
➢ Colorado Department of Transportation, referral dated February 3, 2025
➢ State of Colorado, Division of Water Resources, referral dated March 12, 2025
➢ Colorado Department of Public Health and Environment, referral dated January 29, 2025
➢ Weld County Department of Public Health and Environment, referral dated February 13, 2025
➢ Weld County Department of Planning Services - Development Review, referral dated February 19, 2025
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Xcel Energy, referral dated February 13, 2025
➢ City of Greeley, referral dated February 12, 2025
➢ Larimer County, referral dated February 18, 2025
➢ Town of Windsor, referral dated January 30, 2025
➢ Weld County Sheriff's Office, referral dated February 3, 2025
➢ Windsor/Severance Fire Rescue, referral dated February 12, 2025
➢ Northern Colorado Water Conservancy, referral dated February 12, 2025
➢ Weld County Oil and Gas Energy Department, referral dated January 30, 2025
➢ Weld County Office of Emergency Management, referral dated January 24, 2025
➢ Weld County Department of Planning Services - Building Inspection, referral dated January 27, 2025
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Sinclair Pipeline
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➢ Poudre Valley REA
➢ Weld County Attorney
➢ Colorado Historical Society
➢ Occidental Petroleum Corp
➢ Public Utilities Commission
➢ US Fish and Wildlife Service
➢ Environmental Protection Agency
➢ Weld County School District RE -4
➢ Western Area Power Administration
➢ State of Colorado Parks and Wildlife
➢ Colorado Public Utilities Commission
➢ Department of Labor and Employment
➢ Big Cut Lateral and Reservoir Company
Case Summary:
Tri-State Generation and Transmission Association, Inc., (Tri-State) is requesting a 1041 Major Facility of
a Public Utility (115/12.47 -kV Substation) just north of the intersection of US HWY 34 and County Road 15,
to be known as the Iron Mountain Substation. Tri-State is a wholesale electric power supplier that generates
and transports electricity to its member systems throughout a 200,000 -square -mile service territory across
Colorado, Nebraska, New Mexico, and Wyoming.
Tri-State was founded in 1952 and today supplies power for approximately 1.4 million consumers in the
four states. Tri-State serves its Member Systems through a combination of owned base load, intermediate,
and peaking power plants that use coal and natural gas as their primary fuels, supplemented by purchased
power, federal hydroelectricity allocations, and renewable energy.
The substation is being proposed to establish a new delivery point for its Member System, Poudre Valley
Rural Electric Association (PVREA). Tri-State is the wholesale provider of electrical energy to PVREA, who
provides retail electrical service to their customers in northern Colorado. PVREA requested a new delivery
point substation from Tri-State to serve approximately 25 megawatts (MW) of load growth, which is beyond
PVREA's current capability. The proposed substation will serve new residential development (2000+
homes), apartment complexes, schools, and commercial loads between Windsor and Loveland.
PVREA currently serves the area east of I-25 and south of Highway 402 from long circuits that originate
primarily from the north or west. Historically, electric loads in this area have been limited to small farms and
residences, which could be accommodated with existing facilities. However, recent increased loads from
single-family residences and subdivisions; large agricultural loads, such as dairy farms; and commercial
development can no longer be served from these long distances. The purpose of the new delivery point is
to allow transfer of existing load from the Windsor and Airport substations, accommodate additional load
and enhance reliability under contingency (outage affecting existing facilities). The new source will consist
of a new 115/12.47 -kV point of delivery substation that will be adjacent and connect to Western Area Power
Administration's (WAPA) Airport -Whitney 115 -kV transmission line.
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' staff that the applicant has shown compliance
with Section 21-3-340. A of the Weld County Code, as follows:
A. Section 21-3-340.A.1-- The health, welfare and safety of the citizens of the County will be protected
and served.
The Iron Mountain Substation (Project) will be constructed on a six (6) acre parcel created in 2024
from the northeast quarter of Section 7. The subject parcel was created via the Public Facility
Division process. The parent parcel is cropland with a feeder lateral from the Loveland and Greeley
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Canal to the Oklahoma Reservoir bisecting the land. The substation will not affect the ditch and will
remove only six (6) acres of crop land from production. This surrounding land uses include
pastures, crops, and rural residences. There are no residences or businesses located on northeast
quarter 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 that there are adequate provisions for the protection
of 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 would likely spend some 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 would remain available for farming, grazing, or other
operations that do not interfere with safe and reliable operation of the transmission line.
There are no anticipated adverse socioeconomic impacts associated with the Project. The Project
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. This 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) (June 2023).
The SIS found that improvements were required to sectionalize the line. The location of the
sectionalizing station was determined to be two 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 that 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 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 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
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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 performed a System Impact Study (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 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 to add a second 115/12.47 -kV, 30 MVA transformer.
Expansion at the Airport Substation (Airport) was originally considered to increase capacity for the
PVREA service area between 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
Substation. 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 twelve (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 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 miles east of Airport Substation 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 would also be capable
of expansion if needed. Evaluation by PVREA for their distribution circuits indicated that 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 would
significantly improve reliability, as 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 members would be required to seek other
locations, with potentially greater impacts, to construct adequate facilities to accomplish the Project
goals.
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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. Western Area Power Administration (WAPA), Environmental Protection Agency
(EPA), and United States Fish & 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 traverse the property east and west. The east thirty (30) feet of
County Road 15 right-of-way (ROW) is annexed into the Town of Windsor. In an email dated July
11, 2024, that town indicated that this annexation will be de -annexed. There are twenty-one (21)
adjacent properties with fourteen (14) unique property owners within 1,320 feet (1/4 mile) of the
parent parcel. There are four (4) residences within 1,320 feet (1/4 mile) of the six (6) -acre parcel.
The fourteen (14) surrounding property owners and one (1) mineral owner were notified of this
1041 on January 23, 2025, and again on April 4, 2025, 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 U.S. (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 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 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.
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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 this County, and other applicable regional, metropolitan,
state and national plans.
The substation location is within the three (3) -mile referral area for 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. The
site is not located within the Town of Johnstown's Growth Management Area. The site 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 Johnstown and Windsor both municipalities stated no interest in
pursuing annexation, dated July 1, 2024, and July 16, 2024, respectively.
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 US HWY 34 and east of and adjacent to
County Road 15. County Road 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 would 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 Colorado
Department of Transportation (CDOT). There may be short periods of time when traffic will be
halted on County Road 15 to allow construction vehicles to enter and exit the construction area. An
access will be created off County Road 15. The Development Review referral agency comments
dated February 19, 2025, state that 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 Sheriff's Office (WCSO) and Windsor
Severance Fire Rescue (WSFR). US HWY 34 is maintained by the 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 US 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
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information, 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 on the six (6) -acre site 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 that the construction, operation, and maintenance of the substation
will not has short or long term measurably adverse impact surface or ground water 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 submitted 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.
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 County Road 15 just south of
County Road 60. The substation will connect via a gen-tie to an existing 115 -kV Western Area
Power Administration (WAPA) Airport —Windsor Tap —Whitney transmission line (circa 1989). The
new substation will serve the new residential development (2000+ 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.
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 is 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 eligible for listing on the National Register of Historic Places nor were any isolated
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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 has short or long term measurably adverse impact surface or ground water 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 would not measurably
impact surface water or groundwater quality. Additionally, there would 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 would be no direct impacts to water quality associated with regular operation or maintenance
of the substation. Project construction would not create runoff in excess of previous site levels and
would 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 would be acquired from CDPHE.
Minimal water would be used during Project construction. Water for construction purposes,
including concrete foundations and dust control, would be brought in from off -site sources by a
construction water provider. The source of the construction water would be from either a private
well owned by the construction water company or from a municipality. No existing water rights
would be impacted, and there would be no long-term use of water. If water is needed for
revegetation around transmission structures or temporary access roads, the construction water
provider would 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 eleven (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 would be widely dispersed across the Project area, short-term in duration, and
minimized by the small scale of construction operations for the substation. Construction of the
substation is not expected to contribute negatively to the air quality status in the area. There will be
no long-term air quality effects associated with the routine operation and maintenance of 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 would 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 northeast quarter of
Section 7. 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 site is flat.
There are no significant natural hazards in the area that will affect, or be affected by, the Project.
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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 would 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 capability and depth of aquifers in the impact area.
According to the application, construction and maintenance of the substation would not measurably
impact surface water or groundwater quality. Additionally, there would 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 would be no direct impacts to water quality associated with regular operation or maintenance
of the substation. Project construction would not create runoff in excess of previous site levels and
would 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 would be acquired from CDPHE.
Minimal water would be used during Project construction. Water for construction purposes,
including concrete foundations and dust control, would be brought in from off -site sources by a
construction water provider. The source of the construction water would be from either a private
well owned by the construction water company or from a municipality. No existing water rights
would be impacted, and there would be no long-term use of water. If water is needed for
revegetation around transmission structures or temporary access roads, the construction water
provider would supply the water.
No water would 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. The applicant 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
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completion of the acquisition of such rights prior to issuance of a zoning or building permit by the
County. 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 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.
Tri-State has discussed screening options with the surrounding property owners 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 on site. Dumpsters will be provided for construction waste and will be emptied
on a regular or as -needed basis. There will be no permanent storage on site.
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 on site 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 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 Western Area Power Administration
(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 Iron Mountain Substation (Project) will be constructed on a six (6) acre parcel created in 2024
from the northeast quarter of Section 7. The substation will remove six (6) acres of crop land from
production. This 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 primarily
due to the location of the existing 115 -kV Western Area Power Administration (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.
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. Prior to recording the map:
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Page 10 of 15
A. The PFD24-0001 plat shall be recorded. (Department of Planning Services)
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.
(Development Review)
C. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Development Review)
D. The applicant shall acknowledge the comments of the Division of Water Resources, as stated in
their referral dated March 12, 2025. Written evidence of such shall be submitted to the Weld County
Department of Planning Services. (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 their referral dated January 29, 2025. Written evidence of such shall
be submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
F. The applicant shall address the requirements of the Colorado Department of Transportation, as
stated in their referral dated February 3, 2025. Written evidence of such shall be submitted to the
Weld County Department of Planning Services. (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 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. Show and label all recorded easements by book and page number or reception number and
date. (Department of Planning Services)
5. Show and label the approved Screening Plan. (Department of Planning Services)
6. Show and label all recorded easements and rights -of -way by book and page number or
reception number and date. (Department of Planning Services)
7. 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 on the USR map the existing right-of-way (along with its
creating documents) and the physical location of the road. All setbacks shall be measured from
the edge of right -of- way. This road is maintained by Weld County. (Development Review)
8. 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 on the USR map the existing right-of-way (along with its
creating documents) and the physical location of the road. All setbacks shall be measured from
the edge of right -of- way. This road is maintained by Weld County. (Development Review)
9. 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. (Development Review)
10. Show and label the approved tracking control. (Development Review)
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11. 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. (Development Review)
12. Show and label the accepted drainage features. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include the calculated water quality
and detention volumes. (Development Review)
13. Show and label the drainage flow arrows. (Development Review)
14. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Development Review)
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 one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
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. (Department of Planning
Services)
4. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Development Review)
B. Overweight and/or oversized special transport permits from the Department of Public Works shall
be acquired for all applicable trucks. (Development Review)
C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit is required.
(Development Review)
D. A Storm Water Permit for Construction Activities will be obtained from Colorado Department of
Public Health and Environment (CDPHE). (Department of Planning Services)
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USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Tri-State Generation and Transmission Association, Inc.
USR24-0029
1. Use by Special Review, USR24-0029, 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.
(Department of Planning Services)
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. During operation this will be an unmanned facility, as stated in the application materials. (Department
of Planning Services)
4. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. (Department of
Planning Services)
5. Lighting shall be maintained in accordance with the approved Lighting Plan, as applicable. (Department
of Planning Services)
6. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
7. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Development Review)
8. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
9. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Development Review)
10. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement for Construction Only. (Development Review)
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. (Development Review)
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. (Development Review)
13. Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
14. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface
and groundwater contamination.
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, 30-20-100.5, C.R.S.
16. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing
debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter
14, Article 1 of the Weld County Code.
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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. (Department of Public Health and
Environment)
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, Colorado Department of Public
Health and Environment, as applicable. (Department of Public Health and Environment)
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. (Department of Public Health and
Environment)
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. (Department of Public Health and Environment)
21. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
22. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPHE), Water Quality Control Division, if applicable.
(Department of Public Health and Environment)
23. Environmental Protection Measures for Construction Projects, as included in the application, shall be
adhered to at all times. (Department of Public Health and Environment)
24. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
25. Construction office trailers and storage trailers and electrical services to the trailers are subject to
building permits per Section 29-3-10 of the Weld County Code. (Department of Building Inspection)
26. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties.
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map. Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used
which may be confused with, or construed as, traffic control devices. (Department of Planning Services)
27. Building permits may be required for any new construction, set up of manufactured structures, or
change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings and
structures shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2018 International Building
Codes, 2018 International Energy Code, 2023 National Electrical Code, and Chapter 29 of the Weld
County Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection. A building permit must be issued prior to the
start of construction. (Department of Building Inspection)
28. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County
Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs. (Department of
Planning Services)
29. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
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30. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended.
(Department of Planning Services)
31. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
32. 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. (Department of Planning Services)
33. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners. (Department of Planning Services)
34. 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.
35. 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.
36. 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.
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April 4, 2025
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: daungst@weld.gov
Phone: (970) 400-3524
Fax: (970) 304-6498
Koler Selina
PO Box 33695
Denver, CO 80233
Subject: USR24-0029 - A Use by Special Review Permit for a 1041 Major Facility of a Public Utility
(115/12.47 -kV Substation) in the A (Agricultural) Zone District — Iron Mountain Substation
On parcel(s) of land described as:
NE4 SECTION 7, T5N, R67W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 6, 2025 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on May 21, 2025 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://aca-
prod.accela.com/WELD/
Respectfully,
Diana Aungst
Planner
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