HomeMy WebLinkAbout20200734.tiff RESOLUTION
RE: APPROVE 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), THE
NEW 115 KV SISSON SUBSTATION AND CONSTRUCTION STAGING AREAS NEAR
THE LLOYD SISSON AND KEOTA SUBSTATIONS (CONSISTING OF TWO (2)
CONSTRUCTION TRAILERS, MULTIPLE STORAGE CONTAINERS AND OTHER
ASSOCIATED EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT -
TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 11th day of
March, 2020, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Tri-State Generation and Transmission Association, Inc., 1100 W. 116th Ave.,
Westminster, Colorado 80234, for 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), the new 115 kV Sisson substation and construction staging
areas near the Lloyd Sisson and Keota Substations (consisting of two (2) construction trailers,
multiple storage containers and other associated equipment) in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows:
The transmission line commences at the Keota
Substation located in Sections 17, Township 9
North, Range 61 West and proceeds in a
northwesterly direction through Sections 18, and 7,
Township 9 North, Range 61 West; Sections 12, 1,
2 and 3, Township 9 North, Range 62 West;
Sections 34, 33, 32, 29, 28, 21, 16, 9, and 4,
Township 10 North, Range 62 West; Sections 33,
32, 31, 30, 19, 18, Township 11 North, Range 62
West; Sections 13, 14, Township 11 North, Range
63 West and terminating at the Lloyd Sisson
Substation in Section 11, Township 11 North, Range
63 West, all located within the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicant was represented by Denise Gibbons, 1100 W
116th Avenue, Westminster, CO 80234, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
cc•• PLC KO(TP), Pwc(n /Oa), �I-ICLL), 2020-0734
cc:L C Q,c,), P L, C' PPL R E.P PL2739
0`3/ 'a5/ao
SPECIAL REVIEW PERMIT (USR19-0070) - TRI-STATE GENERATION AND TRASSMISION
ASSOCIATION, INC.
PAGE 2
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed,finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 21-3-340.A of the Weld County Code as follows:
A. Section 21-3-340.A.1 —The health, welfare and safety of the citizens of the
County will be protected and served. The 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 the health, safety, and welfare of the
inhabitants of the neighborhood and County.
B. Section 21-3-340.A.2—The natural and socio-economic environment of the
County will be protected and enhanced. 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 and is consistent with the Economic
Development Goals and Policies described in the Weld County
Comprehensive Plan.
C. Section 21-3-340.A.3 —All reasonable alternatives to the proposed action,
including use of existing rights-of-way and joint use of rights-of-way
wherever uses are compatible, have been adequately assessed and the
proposed action is compatible with and represents the best interests of the
people of the County and represents a fair and reasonable utilization of
resources in the impact area. The 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
2020-0734
PL2739
SPECIAL REVIEW PERMIT (USR19-0070) - TRI-STATE GENERATION AND TRASSMISION
ASSOCIATION, INC.
PAGE 3
alternative would have required a larger substation and less transmission
line construction. However, in order to accommodate the proposed loads
and 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 (4) 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 because it meets the project's purpose and need
and provides a cost-effective, secure, and reliable source of power for
Tri-State Members 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 C, 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 to 130 structures.
The structures would be a mixture of wood and steel pole construction
spaced approximately 700 to 1,000 feet apart. The transmission line would
have three (3) conductors (single-circuit configuration), an overhead optical
ground wire for internal Tri-State communications, and one (1) shield wire.
Steel transmission poles would be set in concrete foundations.
D. Section 21-3-340.A.4 — A satisfactory program to mitigate and minimize
adverse impacts has been presented. Colorado Parks and Wildlife (CPAVV)
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 and Wildlife Service (USFWS) 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
2020-0734
PL2739
SPECIAL REVIEW PERMIT (USR19-0070) - TRI-STATE GENERATION AND TRASSMISION
ASSOCIATION, INC.
PAGE 4
property, residential uses, and oil and gas development. There are existing
electric transmission and pipelines on the properties as well. There are two
(2) residences within 500 feet, and seven (7) residences within 0.5 miles of
the transmission line. There are no residences directly adjacent to the Lloyd
Sisson Substation, but one (1) residence is located one (1) 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 (2)
state-listed noxious weeds were found, Canada thistle (Cirsium arvense)
and cheatgrass (Bromus tectorum), in nine (9) 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. 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 (1) 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 will be permanently impacted by the transmission
line or substation. Transmission line structures will not be placed in
wetlands and access roads will be routed around wetlands, to the extent
feasible. Any impacts to wetlands or stream crossings during construction
will be temporary and all disturbances will be reclaimed. The Project area
is likely to support a variety of common wildlife such as coyotes, foxes,
skunks, 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 (2) black-tailed prairie dog
colonies that were detected during 2019 surveys. Four (4) raptor nests
were found within 0.5 miles of the project and were found to be inactive.
One (1) 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 CPAW
recommendations. Where timing limitations or setback cannot be applied
due to timing constraints, other alternative mitigation measures will be
considered and vetted with CPAW. If any federally-listed species are found,
Tri-State will consult with the USFWS regarding avoidance and mitigation.
To preclude avian electrocutions and minimize collision risk, Tri-State will
incorporate Avian Protection Plan (APP) recommendations developed by
the Avian Power Line Interaction Committee (APLIC 2006) and the APP
2020-0734
PL2739
SPECIAL REVIEW PERMIT (USR19-0070) - TRI-STATE GENERATION AND TRASSMISION
ASSOCIATION, INC.
PAGE 5
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 (4) 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.
E. Section 21-3-340.A.5 —The nature and location or expansion of the facility
complies with all applicable provisions of the master plan of Weld County,
and other applicable regional, metropolitan, state and national plans. The
preferred transmission line alignment and substation location is within the
three (3) mile referral area for Town of Grover, which did not respond to the
referral request.
F. Section 21-3-340.A.6—The nature and location or expansion of the facility
does not unduly or unreasonably impact existing community services. The
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 will occur on lands previously removed from agricultural
use and agricultural practices could continue on adjacent lands.
Approximately 36 construction workers will be employed during the
approximately 11-month construction period. The maximum number of
construction workers at any one time will be approximately 50; however,
the workers will likely be dispersed along the right-of-way and at the
substation. The project will generate infrequent trips to the transmission
line and substations during operation; the line will be inspected annually
and occasionally for maintenance. No adverse effects on County roads are
anticipated. Tri-State will work with the Weld County Department of Public
Works to determine the appropriate access to the construction area. All
mobile construction equipment will be certified to operate on Interstate
highways. There may be short periods of time when traffic is halted on
County Roads to allow construction vehicles to enter and exit the
construction area. No improvements to Weld County roads will be required.
Given the relatively short construction schedule, the site will not generate
significant demands on community services, such as the school district.
G. Section 21-3-340.A.7 —The nature and location or expansion of the facility
will not create an expansion of the demand for government services
2020-0734
PL2739
SPECIAL REVIEW PERMIT (USR19-0070) - TRI-STATE GENERATION AND TRASSMISION
ASSOCIATION, INC.
PAGE 6
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 will 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 will have a small beneficial impact to the local economies of these
towns and the larger metropolitan cities. Construction contractors,
regardless of origin, will 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
Sheriffs Office 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, and it is consistent with
the Economic Development Goals and Policies described in the Weld
County Comprehensive Plan.
H. Section 21-3-340.A.8 —The facility site or expansion area is not in an area
with general meteorological and climatological conditions which would
unreasonably interfere with or obstruct normal operations and
maintenance. The 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 water or groundwater, nor will it affect groundwater recharge.
Existing drainage patterns will be preserved. Permanent facilities will not
be located in stream channels, and appropriately sized culverts will be
installed to maintain channel flow and morphology.
J. 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 will have no impacts on vested water rights.
Construction water and water to suppress dust during construction
activities will be trucked into the area.
K. Section 21-3-340.A.11 —The nature and location of the facility or expansion
will not unduly interfere with existing easements, rights-of-way, other
utilities, canals, mineral claims or roads. Agreements with holders of
2020-0734
PL2739
SPECIAL REVIEW PERMIT (USR19-0070) - TRI-STATE GENERATION AND TRASSMISION
ASSOCIATION, INC.
PAGE 7
existing easements, rights-of-way, or utility, ditch, mineral or roads will be
obtained as appropriate once the Weld County permitting processes are
complete.
L. Section 21-3-340.A.12 —Adequate electric, gas, telephone, water, sewage
and other utilities exist or shall be developed to service the site. This is an
unmanned 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.
M. Section 21-3-340.A.13 — The nature and location for expansion of the
facility will not unduly interfere with any significant wildlife habitat or
adversely affect any endangered wildlife species, unique natural resource
or historic landmark within the impact area. Colorado Parks and Wildlife
and the State Historical Society 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 will 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 will be overland or along existing
County roads, and minimal vegetation will be disturbed from roads. No
drainages or wetlands will 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.
N. 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
11 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 will 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 will 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 will be
2020-0734
PL2739
SPECIAL REVIEW PERMIT (USR19-0070) - TRI-STATE GENERATION AND TRASSMISION
ASSOCIATION, INC.
PAGE 8
monitored by Tri-State, and the appropriate action will 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 ten (10) micrometers in diameter (PM10). No air
emissions will result from operation of the transmission line or substations.
There will 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.
O. Section 21-3-340.A.15 — The geological and topographic features of the
site are adequate for all construction, clearing, grading, drainage,
vegetation and other needs of the facility construction or expansion. The
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 will occur
at structure sites and substations. Construction will occur primarily in areas
that have been previously disturbed and impacts to native vegetation
communities are expected to be minimal.
P. Section 21-3-340.A.16—The existing water quality of affected state waters
will not be degraded below state and federal standards or established
baseline levels. There will be no direct impacts to water quality associated
with regular operation or maintenance of the transmission lines and
substations. Drainage from the substations will 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 will be acquired from the CDPHE, where
required.
Q. Section 21-3-340.A.17 —The proposed project will not have a significantly
adverse net effect on the capacities or functioning of streams, lakes and
reservoirs in the impact area, nor on the permeability, volume, recharge
capability and depth of aquifers in the impact area. Construction and
maintenance of the transmission lines and substations will not measurably
impact surface water or groundwater quality. Additionally, there will be no
long-term impacts to surface water or groundwater hydrology as a result of
construction or operation of the project. The project will not impact
hydrologic flow of either surface water or groundwater, nor will it affect
groundwater recharge. Prior to construction, a Storm Water Permit for
Construction Activities will be acquired from the CDPHE, where required.
Minimal water will be used during project construction. Water for
construction purposes, including concrete foundations and dust control, will
be brought in from off-site sources by a construction water provider. The
source of the construction water will be from either a private well owned by
the construction water company or from a municipality. No existing water
rights will be impacted, and there will be no long-term use of water. If water
is needed for revegetation around transmission structures or temporary
2020-0734
PL2739
SPECIAL REVIEW PERMIT (USR19-0070) - TRI-STATE GENERATION AND TRASSMISION
ASSOCIATION, INC.
PAGE 9
access roads, the construction water provider will supply the water. No
water will be required for the operation of the transmission lines or
substation.
R. Section 21-3-340.A.18 — The benefits of the proposed developments
outweigh the losses of any natural resources or reduction of productivity of
agricultural lands as a result of the proposed development. 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. Upon completion, permanent facilities will only cover
approximately ten (10) acres, and all disturbed areas will be revegetated in
native grasses.
S. Section 21-3-340.A.19 — The applicant has obtained or will obtain all
property rights, permits and approvals necessary for the proposed project,
including surface, mineral and water rights and easements for drainage,
disposal, utilities, access, etc. If the applicant has not obtained all
necessary property rights, permits and approvals, the Board may, at its
discretion, grant the permit conditioned upon completion of the acquisition
of such rights prior to issuance of a Zoning or Building Permit by the
County. 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.
T. Section 21-3-340.A.20—The proposed project (nonlinear facilities) will not
present an unreasonable risk of exposure to, or release, of toxic or
hazardous substances within the impact area. The determination of effects
of the project shall include the following considerations:
1) The means by which outdoor storage facilities for fuel, raw
materials, equipment and related items are adequately enclosed by
an opaque fence or wall.
2) The likelihood of hazardous materials or wastes being moved off
the site by natural causes or forces.
3) Containment of inflammable or explosive liquids, solids, or gases.
There will 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
2020-0734
PL2739
SPECIAL REVIEW PERMIT (USR19-0070) - TRI-STATE GENERATION AND TRASSMISION
ASSOCIATION, INC.
PAGE 10
hazardous chemicals anticipated to be used onsite 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.
Development Standards No. 14, 15, and 16 to address proper disposal of
waste materials.
U. Section 21-3-340.A.21 —The scope and nature of the proposed project will
not unnecessarily duplicate existing services within the County. The project
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 to 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 to 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 (2) 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
2020-0734
PL2739
SPECIAL REVIEW PERMIT (USR19-0070) - TRI-STATE GENERATION AND TRASSMISION
ASSOCIATION, INC.
PAGE 11
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.
V. Section 21-3-340.A.22 — If the purpose and need for the proposed project
are to meet the needs of an increasing population within the County, the
area and community development plans and population trends clearly
demonstrate 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 future
development.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Tri-State Generation and Transmission Association, Inc.,
for 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), the new 115 kV Sisson substation and construction staging areas near the Lloyd Sisson
and Keota Substations (consisting of two (2) construction trailers, multiple storage containers and
other associated equipment) in the A (Agricultural) Zone District, on the parcel of land described
above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. 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.
B. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required.
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.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0070.
2) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
3) The attached Development Standards.
2020-0734
PL2739
SPECIAL REVIEW PERMIT (USR19-0070) - TRI-STATE GENERATION AND TRASSMISION
ASSOCIATION, INC.
PAGE 12
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.
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 the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
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 the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
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 the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
8) The applicant shall 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 III, Section 23-3-50,
required setbacks are measured from future right-of-way lines.
9) The applicant shall show and label the approved access locations,
approved access widths and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved locations, prior to construction.
10) The applicant shall show and label the approved tracking control on
the site plan.
2020-0734
PL2739
SPECIAL REVIEW PERMIT (USR19-0070) - TRI-STATE GENERATION AND TRASSMISION
ASSOCIATION, INC.
PAGE 13
11) The applicant shall 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.
12) The applicant shall show and label any required access and utility
easements (30-foot minimum) needed to provide legal access for
the project on the site plan.
13) The applicant shall 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.
14) The applicant shall show and label the substation drainage flow
arrows.
15) The applicant shall show and label the substation parking and traffic
circulation flow arrows showing how the traffic moves around the
property.
16) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. The applicant shall label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel
Number or appropriate study.
2. Prior to construction activities:
A. The approved accesses and tracking control shall be constructed prior to
construction.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
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
2020-0734
PL2739
SPECIAL REVIEW PERMIT (USR19-0070) - TRI-STATE GENERATION AND TRASSMISION
ASSOCIATION, INC.
PAGE 14
Commissioners Resolution. The applicant shall be responsible for paying the
recording fee.
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.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of March, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditluit) jeitio(1 T' ut 'Lo
Mike Freeman, Chair
Weld County Clerk to the Board /f
, Steve oreno, Pro-Tem
BY: fr�
Deputy Clerk to the Board
"91/4p-1 ,\ Scot K. James
ED AS R , 4' ` =XCUSED
Y e..114.% 1
�parbara Kirkmeye
Coun y Attorney
%(0) / \ / Kevin D. Ross
Date of signature: a3/I q owe
2020-0734
PL2739
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC.
USR19-0070
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0070, is
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 (2) construction trailers,
multiple storage containers and other associated equipment) in the A (Agricultural) Zone
District, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
4. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
5. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
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.
7. The Applicant shall comply with all requirements provided in the executed Road
Maintenance Agreement.
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.
9. The historical flow patterns and runoff amounts on the substation site will be maintained.
10. Weld County is not responsible for the maintenance of on-site substation drainage related
features.
11. The contractor will utilize the Sisson and Keota Substation sites for its base of operations
and construction staging areas.
12. A Right-of-Way Permit will be required at each County road crossing, along with approved
signing details.
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.
2020-0734
PL2739
DEVELOPMENT STANDARDS (USR19-0070) -TRI-STATE GENERATION AND
TRANSMISSION ASSOCIATION, INC.
PAGE 2
14. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal
Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final
disposal in a manner that protects against surface and groundwater contamination.
15. 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, C.R.S. §30-20-100.5.
16. During construction, waste materials shall be handled, stored, and disposed of 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 I, of the Weld County Code.
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.
18. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment, as applicable.
19. 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.
20. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
21. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County-wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee
Programs.
22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
24. 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.
25. 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
2020-0734
PL2739
DEVELOPMENT STANDARDS (USR19-0070) -TRI-STATE GENERATION AND
TRANSMISSION ASSOCIATION, INC.
PAGE 3
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.
26. The property owner or operator shall be responsible for complying with all 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.
27. 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. Mineral resource
locations are widespread throughout the County and persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
28. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
2020-0734
PL2739
Hello