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LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle
USR19-0070 Hearing Date: February 18, 2020
Tri-State Generation and Transmission, Inc., do Selina Koler
1100 West 116' Avenue, Westminster, Colorado 80233
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.
The Transmission line commences at the Keota substation (USR13-0054 located
in Section 17, Township 9 North, Range 61 West and proceeds in a
northwesterly direction through Section 18 and 7, Township 9 North, Range 61
West, into Section 12, through Sections 1, 2 and 3, Township 9 North, Range 62
West, into Section 34 through 33, 32, then northerly into Sections 29, 28, 21, 16,
9, 4 Township 10 Range 62 West, into Section 33 then westerly into Sections 32
and 31, then northerly into Sections 28, 19 and 16 Township 11, Range 62 West
then westerly into Sections 13 and 14 turning north into Section 11, Township 11,
Range 63 West and terminating at the Lloyd Sisson 115 kV Substation, all
located within the 6th P.M., Weld County Colorado
Location: Generally located east County Road 69; West of and adjacent to County Road
89; North of County Road 102 and south of and adjacent to County Road 132
Parcel Numbers: Multiple
Size of Parcel: Approximately 247 acres within transmission line easement and substations
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Chapter 21 of the Weld County Code
The Department of Planning Services' staff has received responses with comments from the following
agencies:
Weld County Department of Public Health and Environment, referral dated January 13, 2019
Weld County Department of Public Works, referral dated January 23, 2020
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The Department of Planning Services' staff has received responses without comments from the following
agencies:
Weld County Sheriff's Office, referral dated December 16, 2019
Weld County Zoning Compliance, referral dated December 18, 2019
Weld County Office of Emergency Management, referral dated December 19, 2019
State of Colorado Department of Transportation, referral dated January 2, 2020
Briggsdale Fire Protection District, referral dated January 3, 2020
West Greeley Conservation District, referral dated January 13, 2020
The Department of Planning Services' staff has not received responses from the following agencies:
Town of Grover
History Colorado
Farm Services Agency
Weld School District RE -12
Weld School District RE -10J
Colorado Parks and Wildlife
United States Forest Service
Pawnee Fire Protection District
Federal Aviation Administration
Frances E. Warren Airforce Base
High Point Resources Corporation
Western Area Power Administration
United States Fish & Wildlife Service
United States Bureau of Land Management
State of Colorado Public Utilities Commission
USR19-0070
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Case Number:
Applicant:
Address:
Request:
Legal Description:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
USR19-0070 Hearing Date: February 18, 2020
Tri-State Generation and Transmission, Inc., do Selina Koler
1100 West 116' Avenue, Westminster, Colorado 80233
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.
The Transmission line commences at the Keota substation (USR13-0054 located
in Section 17, Township 9 North, Range 61 West and proceeds in a
northwesterly direction through Section 18 and 7, Township 9 North, Range 61
West, into Section 12, through Sections 1, 2 and 3, Township 9 North, Range 62
West, into Section 34 through 33, 32, then northerly into Sections 29, 28, 21, 16,
9, 4 Township 10 Range 62 West, into Section 33 then westerly into Sections 32
and 31, then northerly into Sections 28, 19 and 16 Township 11, Range 62 West
then westerly into Sections 13 and 14 turning north into Section 11, Township 11,
Range 63 West and terminating at the Lloyd Sisson 115 kV Substation, all
located within the 6th P.M., Weld County Colorado
Location: Generally located east County Road 69; West of and adjacent to County Road
89; North of County Road 102 and south of and adjacent to County Road 132
Parcel Numbers: Multiple
Size of Parcel: Approximately 247 acres within transmission line easement and substations
Narrative:
Tri-State Generation and Transmission Association, Inc., (Tri-State) is a regional, wholesale electric
power supplier owned by the Member Systems that it serves. Tri-State is obligated to provide reliable,
efficient, cost -based, wholesale power to these Member Systems, who in turn provide retail electric
service to their end -use member -consumers.
High West Energy, Incorporated (High West), one of Tri-State's Member Systems, has received formal
requests for service for several large industrial loads. These load requests include up to twelve (12)
megawatts (MW) to serve the growing oil and gas development in the area, specifically for oil and gas
production facilities. The current load in the areas is 6.5 MW sourced from the Wayne Child Substation.
The existing 34.5 -kV distribution service cannot accommodate these new loads. The new Lloyd Sisson
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Substation would also be used to provide back-up service to the Wayne Child and Pine Bluffs Substation.
This service would improve system losses and provide voltage support to the area. The project is located
in rural Weld County, west of Grover, Colorado.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Chapter 21 of the
Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 21-3-340. A of the Weld County Code, as follows:
Section 21-3-340.A.1 — The health, welfare and safety of the citizens of the County will be
protected and served.
The Design Standards (Section 23-2-240), Operation Standards (Section 23-2-250), Conditions of
Approval, and Development Standards ensure that there are adequate provisions for the
protection of health, safety, and welfare of the inhabitants of the neighborhood and County.
Section 21 -3 -340.A.2 -The natural and socio-economic environment of the County will be protected
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.
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
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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 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.
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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.
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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 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.
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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.
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
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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 (PM1p). No air emissions would result from operation
of the 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
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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.
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
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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.
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 Department of Planning Services' staff recommendation for approval is conditional upon the following:
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Tri-State Generation and Transmission, Inc.
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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 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)
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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)
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)
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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)
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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 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
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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) 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
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Page 16
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.
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December 10, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
KOLER SELINA
1100 W. 116TH AVENUE
WESTMINSTER, CO 80234
Subject: USR19-0070 - 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 20 MILES OF 115 KV TRANSMISSION LINES) AND FACILITY CONSTRUCTION
STAGING AREAS NEAR THE LOYD SISSON AND KEOTA SUBSTATIONS (CONSISTING OF TWO
CONSTRUCTION TRAILERS, MULTIPLE STORAGE CONTAINERS AND OTHER ASSOCIATED
EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT.
On parcel(s) of land described as:
THE TRANSMISSION LINE COMMENCES AT THE KEOTA SUBSTATION LOCATED IN SECTION
17, T9N, R61W AND PROCEEDS IN A NORTHWESTERLY DIRECTION THROUGH SECTIONS 18
AND 7, T9N, R61W; SECTIONS 12, 1, 2 AND 3, T9N, R62W; SECTIONS 34, 33, 32, 29, 28, 21, 16, 9,
AND 4, T10N, R62W; SECTIONS 33, 32, 31, 30, 19, 18, T11 N, R62W; SECTIONS 13, 14, T11 N,
R63W AND TERMINATING AT THE LLOYD SISSON SUBSTATION IN SECTION 11, T11N, R63W,
ALL LOCATED WITHIN THE 6TH P.M., WELD COUNTY COLORADO
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 18, 2020, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on March 11, 2020 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
In In
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
www.weldcountyplanninqcases.orq
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
Kim O
Planner
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