HomeMy WebLinkAbout20200735.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION 5 ' 1I --cc37O
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Elijah Hatch , that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR19-0070
APPLICANT: TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC.
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY
(APPROXIMATELY 20 MILES OF 115 KV TRANSMISSION LINES), THE NEW
115 KV SISSON SUBSTATION AND CONSTRUCTION STAGING AREAS NEAR
THE LLOYD SISSON AND KEOTA SUBSTATIONS (CONSISTING OF TWO
CONSTRUCTION TRAILERS, MULTIPLE STORAGE CONTAINERS AND OTHER
ASSOCIATED EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOCATION: EAST OF CR 69, SOUTH OF CR 132; WEST OF CR 89 AND NORTH OF CR 102.
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section
21 -3-340. A of the Weld County Code, as follows:
Section 21-3-340.A. 1 — The health, welfare and safety of the citizens of the County will be protected
and served.
The Design Standards (Section 23-2-240), Operation Standards (Section 23-2-250) , Conditions of
Approval, and Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
Section 21-3-340.A. 2-The natural and socio-economic environment of the County will be protected
and enhanced.
There are no significant prevalent natural hazards in the area that will affect, or be affected by, the
project. Historically the area has been dominated by rangeland uses, very limited residential
development and oil and gas activities.
During the construction period, the local economy may see a small influx of dollars and a small
increase in sales tax revenue.
There are no adverse socio-economic constraints associated with the project. The Project would
generate additional tax revenue for Weld County. This Project is not inconsistent with the Economic
Development Goals and Policies described in the Weld County Comprehensive Plan (Weld County
2008) .
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 transmission line corridor alternatives were evaluated to address the needs of the Project.
Alternative A: No Action
Taking no action would result in no power delivery to Tri-State's Member and their customers. The
No Action Alternative does not meet the need of the Project and would require oil and gas operators
to "self-generate" to meet their power needs and to obtain the accompanying air permits to do so.
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Alternative B: New 345/115-kV Substation
Tri-State evaluated an alternative that included construction of a 345/115-kV substation located near
the proposed load that would tap the existing 345-kV transmission line, rather than the Keota
Substation. This alternative would have required a larger substation and less transmission line
construction. However, in order to accommodate the proposed loads and also provide back-up
service to the Wayne Child and Pine Bluffs Substation, this alternative would have required
redundant 345/115-kV transformers. Single outage contingency analyses determined that the use of
only a single transformer could have resulted in a four-week outage, which would not have been
acceptable for Tri-State, its Member, or their customers. For cost and reliability reasons, this
alternative was eliminated from further consideration.
Alternative C: New Substation and 115-kV Transmission Line Connection
This alternative would involve the construction of approximately 20 miles of 115-kV transmission line
and a new substation.Alternative C would provide the necessary power to reliably serve oil and gas
facilities in the area, as requested by Member customers.
The preferred system alternative is Alternative C.Alternative C meets the Project's purpose and need
and provides a cost-effective, secure, and reliable source of power for Tri-State's Member and their
customers.
Three(3)different transmission line routes were considered between the Sisson substation and the
Keota substation as detailed in the application materials. The preferred route selected was the most
direct and utilized existing utility corridors when available.
Public Outreach
Tri-State and their contractor, Western States Land Services, contacted landowners along the
Preferred Route and Alternative 1 per ownership information derived from Weld County property
records. This contact has been in various forms including project introduction phone calls; project
introduction and access permission letter mailings; and project introduction and access permission
meetings with landowners. Landowner contacts began in June 2018 and are on-going.
The approximate twenty (20) miles of transmission line would consist of approximately 110-130
structures. The structures would be a mixture of wood and steel pole construction spaced
approximately 700-1,000 feet apart. The transmission line would have three conductors (single-
circuit configuration),an overhead optical ground wire for internal Tri-State communications, and one
shield wire. Steel transmission poles would be set in concrete foundations.
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. United States Forest Service, Federal Aviation Administration, Frances E.Warren
Airforce Base,Western Area Power Administration, United States Fish&Wildlife Service and United
States Bureau of Land Management were also provided with an opportunity to review the application
and a referral response was not received from any Federal agency.
The parcels adjacent to the line include agricultural property, residential uses, and oil and gas
development.There are existing electric transmission and pipelines on the properties as well.There
are two residences within 500 feet, and seven (7)residences within 1/2 mile of the transmission line.
There are no residences directly adjacent to the Lloyd Sisson Substation, but one residence is
located one mile to the east.
Surveys for noxious weeds were conducted along the transmission line route and at the Sisson
substation site in the summer of 2019. Two state-listed noxious weeds were found, Canada thistle
(Cirsium arvense)and cheatgrass(Bromus tectorum),in nine locations(5.72 acres).Wavyleaf thistle
(Cirsium undulatum) was also found in numerous locations along the right-of-way; while it is
comparable to many listed noxious weeds, it is a native species on the shortgrass prairie and tends
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to occur in small numbers and not in dense stands like Canada thistle. Tri-State will treat all existing
noxious weed infestations that will be disturbed prior to construction to prevent further spread.
Surveys were also conducted for wetlands and other waters. Eight (8)wetlands (3.19 acres)were
formally delineated within the right-of-way. Four(4)wetlands were riverine wetlands occurring with
active stream channels,one wetland was an emergent wetland located in a swale feature, and three
(3) features were playa wetlands (naturally occurring, shallow, depressional wetlands that are
typically round in shape).Two(2)streams were mapped during the August surveys(Crow Creek and
an unnamed tributary to Crow Creek)as well as two(2)unnamed ponds which were isolated within
the landscape. No drainages or wetlands would be permanently impacted by the transmission line or
substation.Transmission line structures would not be placed in wetlands and access roads would be
routed around wetlands, to the extent feasible. Any impacts to wetlands or stream crossings during
construction would be temporary and all disturbances would be reclaimed.
The Project area is likely to support a variety of common wildlife such as coyote,fox, skunk, rabbits,
and various birds.There is no designated critical wildlife habitat in the vicinity of the project although
suitable habitat may exist for the state-listed Western burrowing owl in two black-tailed prairie dog
colonies that were detected during 2019 surveys. Four(4)raptor nests were found within 0.5 mile of
the Project and were found to be inactive. One active Swainson's hawk nest was found outside the
0.5 mile buffer area.
Prior to construction, Tri-State will conduct additional surveys for migratory birds and Western
Burrowing Owls (in prairie dog towns in the vicinity of the transmission line and substation). If any
nests for migratory birds or any listed species are found, appropriate construction timing limitations
will be enforced, as feasible, according to Colorado Parks and Wildlife (CPAW) recommendations.
Where timing limitations or setback cannot be applied due to timing constraints, other alternative
mitigation measures would be considered and vetted with CPAW. If any federally-listed species are
found, Tri-State will consult with the U.S. Fish and Wildlife Service (USFWS) regarding avoidance
and mitigation.
To preclude avian electrocutions and minimize collision risk, Tri-State would 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 on power lines, as
well as NESC-specified electric conductor clearances. Additionally, Tri-State contracted with EDM
International, Inc. to conduct an Avian Collision Risk Assessment for the route and will install flight
diverters on all segments of the transmission line determined to be at high risk for collisions(primarily
around ponds and wetlands).
Project impacts to wildlife are expected to be minimal and limited to temporary disturbance.Tri-State
conducted a Class I archaeological database search of the Project area, as well as a Class III
pedestrian survey on properties where survey permission was granted. Four new cultural resources
and one previously recorded resource were found. All sites are recommended as not eligible for
listing into the National Register of Historic Places and no further management is necessary.There
are no areas of geologic importance in the vicinity of the project.
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 preferred transmission line alignment and substation location is within the three-mile referral area
for Town of Grover. The Town of Grover did not respond to the referral request.
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 applicant states careful site planning can be developed with only a localized loss of rangeland land
quality.Ground disturbance for the transmission line is generally limited to the area immediately around
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the base of each pole.The substations would occur on lands previous removed from agricultural use and
agricultural practices could continue on adjacent lands.
Approximately thirty-six (36) construction workers would be employed during the course of the
approximately eleven(11)month construction period.The maximum number of construction workers at
any one time would be approximately fifty(50)however,the workers would likely be dispersed along the
right-of-way and at the substation.
The Project would generate infrequent trips to the transmission line and substations during
operation; the line would be inspected annually and occasionally for maintenance.
No adverse effects on county roads are anticipated. Tri-State will work with the Weld County Public
Works Department to determine the appropriate access to the construction area. All mobile
construction equipment would be certified to operate on Interstate highways. There may be short
periods of time when traffic would be halted on County Roads to allow construction vehicles to enter and
exit the construction area. No improvements to Weld County roads would be required.
Given the relatively short construction schedule, the site will not generate significant demands on
community services such as the school district.
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.
It is anticipated that the Project would have a small beneficial impact to the nearby communities
nearest to the Project area being Grover and Hereford. Larger nearby cities include Cheyenne and Fort
Collins. It is anticipated that the Project would have a small beneficial impact to the local economies of
these towns and the larger metropolitan cities.Construction contractors, regardless of origin,would likely
spend some money in these communities for fuel, food, or other supplies. During the construction
period, the local economy may see a small influx of dollars and a small increase in sales tax revenue.
The Project area is located within District 1 of the Weld County Sheriff's Department and is within the
jurisdiction of the Pawnee Fire Protection District (FPD). Public roads are maintained by the Weld
County Department of Public Works. The nearest hospital to the north side of the Project area is in
Cheyenne (Cheyenne Regional Medical Center) and the nearest hospital to the southern side of the
Project area is in the City of Fort Collins (Poudre Valley Hospital). None of these services are expected
to be affected, unless emergency situations occur.
There are no adverse socioeconomic impacts associated with the Project. The Project would
generate additional tax revenue for Weld County. This Project is not inconsistent with the Economic
Development Goals and Policies described in the Weld County Comprehensive Plan (Weld County
2008).
Section 21-3-340.A.8-- The facility site or expansion area is not in an area with general meteorological
and climatological conditions which would unreasonably interfere with or obstruct normal operations and
maintenance.
The proposed site was selected because it does not affect the meteorological and climatological
conditions.
Section 21-3-340.A.9--The nature and location of the facility or expansion will not adversely affect the
water rights of any upstream, downstream or agricultural users, adjacent communities or other water
users.
The application states that the project will not impact hydrologic flow of either surface of either surface
water or groundwater, nor will it affect groundwater recharge. Existing drainage patterns will be
preserved. Permanent facilities would not be located in stream channels, appropriately sized culverts
will be installed to maintain channel flow and morphology.
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Section 21-3-340.A.10--Adequate water supplies are available for facility needs.
Bottled water will be used during construction of the transmission line and substation. The Project would
have no impacts on vested water rights. Construction water and water to suppress dust during
construction activities would be trucked into the area.
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.
Agreements with holders of existing easements, rights-of-way, or utility, ditch, mineral or roads will be
obtained as appropriate once the Weld County permitting processes are complete.
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 facility consisting of 19.78 miles of 115-kilovolt (kV) transmission line from Tri-
State's existing Keota substation to the proposed 115/34.5-kV Sisson Substation; therefore, utility
services are not required post construction.
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 did not return a referral response. The
Project area is characterized by agricultural lands,oil and gas development, and rural residential uses.
The surrounding vegetation is primarily disturbed grassland. Permanent removal of vegetation would
occur at structure sites and substations. Construction would occur primarily in areas that have been
previously disturbed and impacts to native vegetation communities are expected to be minimal. Most
access would be overland or along existing County roads, and minimal vegetation would be disturbed
from roads.
No drainages or wetlands would be impacted by the transmission lines or substation.
Project impacts to wildlife are expected to be minimal and limited to temporary disturbance from
construction activities.
Section 21-3-340.A.14— The nature and location or expansion of the facility, including expected growth
and development related to the operation and provision of service, will not significantly deteriorate water
or air quality in the impact area.
Construction would last approximately eleven months. Construction activities associated with the
proposed transmission line and substations would generate less than significant amounts of
particulate matter from soil disturbances and diesel-powered equipment, and 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 substations,
and excavating foundations and placing single pole transmission structures. Air pollutants also would
be minimized through implementation of dust suppression and proper vehicle maintenance.
Therefore, Project construction is not expected to contribute to the air quality status in the area.
There would be no long-term air quality effects associated with routine operation and maintenance
of the proposed transmission line and substations. 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 would be monitored by Tri-State, and the appropriate action would be taken
to control the dust and ensure that potential wind erosion is minimized.
Weld County is an attainment area for all measured pollutants, including particulate matter smaller
than 10 micrometers in diameter (PM-10). No air emissions would result from operation of the
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transmission line or substations.
There would be no alteration in the pattern or intensity of surface drainage as a result of construction
or operation of the transmission line and all substations will have an approved drainage plan.
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 vicinity of the Project site is characterized by agricultural purposes, oil and gas development, and
rural residences. The surrounding vegetation is primarily disturbed grassland. Permanent removal of
vegetation would occur at structure sites and substations. Construction would occur primarily in areas
that have been previously disturbed and impacts to native vegetation communities are expected to be
minimal.
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 transmission lines and substations. Drainage from the substations would be directed towards
detention pond(s)located on the substation properties. Drainage plans will be prepared for the Sisson
Substation. Prior to construction, a Storm Water Permit for Construction Activities would be acquired
from the CDPHE, where required.
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 transmission lines and substations
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. Project would not impact hydrologic flow of either surface water or groundwater, nor would it
affect groundwater recharge. Prior to construction,a Storm Water Permit for Construction Activities would
be acquired from the CDPHE, where required.
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 transmission lines or substation.
Section 21-3-340.A.18— The benefits of the proposed developments outweigh the losses of any natural
resources or reduction of productivity of agricultural lands as a result of the proposed development.
The majority of the site consists of agricultural purposes,oil and gas development, and rural residences.
The facility will have limited impact on agricultural lands within the transmission line corridor project site
and minimal impact on future land use. Permanent facilities upon completion will only cover
approximately ten (10) acres. All disturbed areas will be revegetated in native grasses.
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.
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The application indicates that individual land lease agreements have been obtained or will be acquired
between Tri-State and the affected property owners. 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,et cetera,following approval by the Board of
County Commissioners.
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 an opaque 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.
There would be temporary storage of construction materials at the two (2) proposed Project staging
sites. Construction, operation, and maintenance activities would comply with all applicable federal,
state, and local laws and regulations regarding the use of hazardous substances. The only
hazardous chemicals anticipated to be used on site are those found in diesel fuel, gasoline, coolant
(ethylene glycol), and lubricants in machinery. Hazardous materials would not be drained onto the
ground or into streams or drainage areas. In its contract with the construction contractor, Tri-State
will specify that it will hold a required pre-construction meeting with the contractor to ensure that all
applicable laws and Tri-State's procedures will be followed.
Enclosed containment would be provided for all trash. All construction waste, including trash and
litter, garbage, other solid waste, petroleum products, and other potentially hazardous materials
would be removed to a disposal facility authorized to accept such materials. The Environmental
Health Department has added Development Standards No. 14, 15 and 16 to address proper disposal of
waste materials.
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 would involve construction of approximately 19.78 miles of new 115-kV transmission
lines originating at the existing Keota Substation and terminating at the Sisson Substation. The new
transmission lines would be hung from approximately 110-130 structures with conductors and phase
wires, a shield wire, and an optical ground wire for internal Tri-State communications. The structures
would be a mixture of wood and steel pole construction spaced approximately 700-1,000 feet apart.The
transmission line would have three conductors(single-circuit configuration), an overhead optical ground
wire for internal Tri-State communications, and one shield wire. Steel transmission poles would be set in
concrete foundations constructed on steel structures within a 100-foot right-of-way (easement).
The project will also include one new substation, identified as the Lloyd Sisson Substation.
The Lloyd Sisson Substation is designed as a single 115-kV bay to a dual voltage 34.5-12.47-kV
distribution bank with four feeders at each distribution voltage. Ultimately the substation is laid out for a
future four breaker 115-kV ring bus and an additional eight feeders of distribution.The initial build out will
consist of (4) 115-kV switches, (1) 115-kV circuit switcher, a 115/34.5-kV 30/40/50 megavolt ampere
(MVA) transformer, a 34.5/12.47-kV transformer along with distribution voltage switches, meters and
electrical equipment. Site preparation at the substation will include grading, fencing, grounding, and
construction foundations.
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The Project also includes a construction staging area used for the duration of construction to store
equipment and stage construction located at the existing Keota Substation and at the proposed Lloyd
Sisson Substation. The staging areas will have two construction trailers on-site for approximately 11
months, multiple storage containers, and other associated equipment.
The proposed transmission line and associated new substation will address a specific demand for
electricity from compressor facilities to meet their long term air attainment requirements. Further,there
is a vast development potential for oil and gas in this region, and this development is very dynamic and
evolving. The applicant believes this line and associated substation will serve the additional electrical
loads in the area and would provide for future reliability needs and operational flexibility under
transmission contingencies, increasing the reliability to the loads in the area.
Section 21-3-340.A.22—If the purpose and need for the proposed project are to meet the needs of an
increasing population within the County, the area and community development plans and population
trends demonstrate clearly a need for such development.
The purpose of the new transmission line and substation is to provide electric service the oil field and
anticipated residential development with electric energy that is reliable and operates efficiently while
helping to ensure an adequate and dependable supply of electrical power to meet the needs of for future
development.
This recommendation for one new 115-Kilovolt (kV) substation (Sisson) and approximately 20 miles of 115-kV
transmission line 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 Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. A Road Maintenance Agreement(during construction only)is required at this location. Road maintenance
includes, but is not limited to, dust control and damage repair to specified haul routes. (Department of
Public Works)
B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer
registered in the State of Colorado is required. (Department of Public Works)
C. A copy of the signed and recorded (construction and post-construction)easement agreements(or other
acceptable authorization from property owners and all other entities)shall be submitted to the Department
of Planning Services. (Department of Planning Services)
D. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR19-0070. (Department of Planning Services)
2. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
3. The attached Development Standards. (Department of Planning Services)
4. The final location of the permanent 100-foot transmission line easement with dimension of permanent
easement, property ownership, parcel number, all easements of record, and all physical
encumbrances. (Department of Planning Services)
5. County Road 71 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 site map or plat the future and existing right-of-way (along with the documents
creating the existing right-of-way) and the physical location of the road. All setbacks shall be
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measured from the edge of right-of-way. This road is maintained by Weld County. (Department of
Public Works)
6. County Road 89 is a gravel road and is designated on the Weld County Functional Classification Map
as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate
and label on the site map or plat the future and existing right-of-way (along with the documents
creating the existing right-of-way) 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. (Department of
Public Works)
7. County Road 130 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 site map or plat the future and existing right-of-way (along with the
documents creating the existing right-of-way)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. (Department of
Public Works)
8. Label the physical location of the impacted public roads and the existing and future rights-of-way
along with the creating documents for the rights-of-way. Please note that the physical location of
existing roadways may not be centered in the right-of-way, and that pursuant to the definition of
setback in the Weld County Code, Chapter 23, Article Ill, Section 23-3-50, required setbacks are
measured from future right-of-way lines. (Department of Public Works)
9. Show and label the approved access locations,approved access widths and the appropriate turning
radii(60')on the site plan.The applicant must obtain an access permit in the approved locations prior
to construction. (Department of Public Works)
10. Show and label the approved tracking control on the site plan. (Department of Public Works)
11. Show and label the substation 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. (Department of Public Works)
12. Show and label any required access and utility easements(30-foot minimum)needed to provide legal
access for the project on the site plan. (Department of Public Works)
13. Show and label the accepted substation drainage features. Stormwater ponds should be labeled as
"Stormwater Detention, No-Build or Storage Area" and shall include the calculated volume.
(Department of Public Works)
14. Show and label the substation drainage flow arrows. (Department of Public Works)
15. Show and label the substation parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
16. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services - Floodplain)
2. Prior to construction activities:
A. The approved accesses and tracking control shall be constructed prior to construction. (Department of
Public Works)
B. If more than one(1)acre is to be disturbed,a Weld County Grading Permit will be required. (Department
of Public Works)
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3. 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 Mylar map along with all other documentation required as Conditions of
Approval. The Mylar 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
23-2-390 of the Weld County Code. The Mylar 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)
4. In accordance with Weld County Code Ordinance#2012-3, approved April 30,2012, should the map not be
recorded within the required one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution, a$50.00 recording continuance charge shall be added for each additional three
(3) month period. (Department of Planning Services)
5. The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is
recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property, until
the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement. (Planning Services)
Motion seconded by Lonnie Ford.
VOTE:
For Passage Against Passage Absent
Bruce Johnson
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on February 18, 2020.
Dated the 18th of February, 2020
Kristine Ranslem
Secretary
RESOLUTION USR19-0070
TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC.
PAGE 11
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Tri-State Generation and Transmission Association Inc.
USR19-0070
1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0070,for a Major Facility of
a Public Utility or Public Agency approximately 19.78 miles of 115-kilovolt(kV) transmission line from Tri-
State's new Sisson 115/34.5-kV substation located near County Roads 71 and 130 to the existing Keota
substation located near County Roads 89 and 104, subject to the provisions of Section 23-4-420 of the
Weld County Code and facility construction laydown yards near the Sisson and Keota substations
(consisting of two (2) construction trailers, more than two (2) storage containers and other associated
equipment)in the A(Agricultural)Zone District-Tri-State Generation &Transmission Association, Inc.,
subject to the Development Standards stated hereon,Tri-State Generation &Transmission Association
(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. 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. (Department of Public Works)
4. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off-site tracking. (Department of Public Works)
5. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
6. 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. (Department of Public Works)
7. The Applicant shall comply with all requirements provided in the executed Road Maintenance Agreement.
(Department of Public Works)
8. Access may be along unmaintained County right-of-way and maintenance of the right-of-way will not be
the responsibility of Weld County. (Department of Public Works)
9. The historical flow patterns and runoff amounts on the substation site will be maintained.(Department of
Public Works)
10. Weld County is not responsible for the maintenance of onsite substation drainage related features.
(Department of Public Works)
11. The contractor will utilize the Sisson and Keota substation sites for its base of operations and construction
staging areas. (Department of Planning Services)
12. A Right-of-Way Permit will be required at each County Road crossing, along with approved signing
details. (Department of Public Works)
13. 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)
14. During construction, 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. (Department of Public Health and Environment)
15. During construction, no permanent disposal of wastes shall be permitted at this site. This is not meant to
RESOLUTION USR19-0070
TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC.
PAGE 12
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. (Department of Public Health and Environment)
16. During construction, waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust,fugitive particulate emissions,blowing debris, and other potential nuisance conditions.The
facility shall operate in accordance with Chapter 14,Article 1 of the Weld County Code. (Department of
Public Health and Environment)
17. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction
of the transmission line and until ground cover is established. Uses on the property shall 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. During construction,adequate toilet facilities and handwashing units shall be provided.Screened portable
toilets are acceptable. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall
contain hand sanitizers. Portable toilets shall be removed upon completion of construction.(Department
of Public Health and Environment)
20. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
21. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County-
wide Road Impact Fee Program. (Department of Planning Services)
22. Building Permits issued on the proposed lots,will be required to adhere to the fee structure of the County
Facility Fee and Drainage Impact Fee Programs. (Department of Planning Services)
23. The property owner or operator shall be responsible for complying with the Design Standards of Section
23-2-240, Weld County Code. (Department of Planning Services)
24. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
25. 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)
26. 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)
27. 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)
28. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT:
Weld County has some of the most abundant mineral resources, including, but not limited to, sand and
gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital
resources because(a)the state's commercial mineral deposits are essential to the state's economy; (b)
RESOLUTION USR19-0070
TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC.
PAGE 13
the populous counties of the state face a critical shortage of such deposits; and(c)such deposits should
be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least
practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state.
29. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms,those features which attract urban dwellers
to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities
will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on
rural roads; dust from animal pens,field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not
be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware)with more than three thousand seven hundred (3,700) miles of state and
County roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their
jobs and families to respond to emergencies. County gravel roads,no matter how often they are bladed,
will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that
roads from subdivisions to arterials may not be cleared for several days after a major snowstorm.
Services in rural areas, in many cases,will not be equivalent to municipal services. Rural dwellers must,
by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
EXHIBIT
W\ r‘lit-Ve-S SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING L _ r9 e.• 0
O1/ ( e r 2_02_0Tuesday, February 18, 2020
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Chair,
Michael Wailes, at 12:30 pm.
Roll Call.
Present: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
Absent/Excused: Skip Holland.
Also Present: Kim Ogle, Department of Planning Services; Lauren Light, Department of Health; Mike
McRoberts, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER: USR19-0070
APPLICANT: TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC.
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY
(APPROXIMATELY 20 MILES OF 115 KV TRANSMISSION LINES), THE NEW
115 KV SISSON SUBSTATION AND CONSTRUCTION STAGING AREAS NEAR
THE LLOYD SISSON AND KEOTA SUBSTATIONS (CONSISTING OF TWO
CONSTRUCTION TRAILERS, MULTIPLE STORAGE CONTAINERS AND
OTHER ASSOCIATED EQUIPMENT) IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LOCATION: EAST OF CR 69, SOUTH OF CR 132; WEST OF CR 89 AND NORTH OF CR
102.
Kim Ogle, Planning Services, presented Case USR19-0070, reading the recommendation and comments
into the record. Staff did not receive any correspondence or phone calls from the surrounding property
owners regarding this application. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Mike McRoberts, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan .
Selina Koler, Tri-State Generation and Transmission Association, 1100 West 116th Avenue, Westminster,
Colorado, stated that this is to provide electric service to a couple of industrial customers that requested
service from High West Energy (a co-operative member). Originally, the application was for 12 megawatts,
however, that number has gone up to between 55 or 60 megawatts now. She added that the load currently
in the area is 6.5 megawatts and it cannot be served from the existing 34.5kV distribution system.
Ms. Koler said that the Lloyd Sisson Substation will be located at County Road 71 and County Road 130.
It will be located on 7.5 acres including one-half acre of drainage pond.
The line will be approximately 20 miles in length. There will be 100 feet of right-of-way and it will be located
exclusively on private land.
Ms. Koler said that there was a concern about the impact that this project will have on birds. However, she
said that generally larger transmission lines don't have the electrocution risks to birds as some of the smaller
distribution lines might have because they have spacing between the energized pieces of the line. She
added that they follow guidelines from the Avian Power Line Interaction Committee. She said that they
recommend 60 inches, so they make sure to maintain 60 inches between all of their energized parts. Ms.
Koler said that they will also be installing light diverters on their optical ground wire at the top of the
transmission line that helps mark the lines for birds so that they don't collide into it.
1
Ms. Koler said that they plan to initiate construction in June 2020 and the line and substation would be
energized in the first quarter of 2021.
Commissioner Stille asked if they have an idea of birds killed by transmission lines versus wind turbines.
Ms. Koler said that she doesn't know that number but added that she thought their distribution lines across
the country probably kill more birds than the wind turbines. She added that transmission lines don't because
the spacing is so broad.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR19-0070 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Elijah Hatch, Seconded by Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
Meeting adjourned at 1:00 pm.
Respectfully submitted,
4 , r1 14 41
Kristine Ranslem
Secretary
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