HomeMy WebLinkAbout20160199.tiff HEARING CERTIFICATION
DOCKET NO. 2015-111.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0049, FOR A MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY
(APPROXIMATELY 30.5 MILES OF TRANSMISSION LINES) AND FACILITY
CONSTRUCTION LAYDOWN YARDS NEAR THE GREENHOUSE, COLFER,
RATTLESNAKE RIDGE AND SOUTH KERSEY SUBSTATIONS (CONSISTING OF TWO
CONSTRUCTION TRAILERS, MULTIPLE STORAGE CONTAINERS AND OTHER
ASSOCIATED EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT -
TRI-STATE GENERATION AND TRANSMISSION, INC.
A public hearing was conducted on March 2, 2016, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner Barbara Kirkmeyer
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Planning Services Engineer representative, Wayne Howard
Public Works Department representative, Don Dunker
Public Works Department representative, Elizabeth Relford
Health Department representative, Ben Frissell on behalf of Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated October 16, 2015, and duly published
October 21, 2015, in the Greeley Tribune, a public hearing was conducted on
December 16, 2015, to consider the request of Tri-State Generation and Transmission, Inc., for
a Site Specific Development Plan and Use by Special Review Permit, USR15-0049, for a Major
Facility of a Public Utility or Public Agency (approximately 30.5 miles of transmission lines) and
facility construction laydown yards near the Greenhouse, Colfer, Rattlesnake Ridge and South
Kersey substations (consisting of two construction trailers, multiple storage containers and other
associated equipment) in the A (Agricultural) Zone District. At said hearing, the Board deemed it
advisable to continue the matter to March 2, 2016, to allow adequate time for Public Works staff
to complete the County Road 49 horizontal/vertical alignments and for the applicant to work with
staff to ensure the projects are well coordinated to resolve any outstanding issues. On
March 2, 2016, Bob Choate, Assistant County Attorney, again made this a matter of record.
la Don Dunker, Department of Public Works Engineer, reviewed the results of the meeting with
Tri-State to work out the updated Development Standards. He specifically reviewed the amended
DS #12 and provided the average daily traffic counts along CR 49.
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• Rick Thompson, senior manager for Tri-State Generation and Transmission, Inc., introduced
the other team members available to answer questions. He displayed a PowerPoint presentation
and began by explaining the history of Tri-State and the connection with the utility cooperatives
in the area. Mr. Thompson described the rural areas where they provide service, the phases for
this current project and displayed a map of the service area expansion due to growth in the energy
development and the impact on the utilities that are trying to catch up to the growth and provide
the services needed. He explained the process of land acquisition acquired through negotiation
without condemnation.
el Ron Asche, CEO of United Power, stated this project is very important and explained United
Power is a not for profit electric cooperative. He described they are governed by a board and
service 900 square miles to include six (6) different counties, 18 communities and numbers of
unincorporated areas. Mr. Asche explained that Tri-State is the wholesale power supplier, which
means they provide the power and United Power distributes it. He also explained the need to
meet the demands of the numerous requests from the expanding oil and gas facilities to safely
and efficiently provide service and what an important role Tri-State has in this effort.
• Mr. Thompson updated the Board on the progress of Phase 1, which was approved in
February of 2015, and is currently under construction. He also described Phase 2 which is before
the Board today for approval and displayed a schematic. He educated the Board on the
procedures regarding landowner outreach and listed off the various forms of communication
resulting in over half a million dollars spent on communication, education and negotiation. He
reiterated the value of this project is over 100 million dollars and these are dollars spent in and
for Weld County. Mr. Thompson clarified that Tri-State wants to work closely with Weld County
staff to be a partner in respect of the County Road 49 Expansion Project. He displayed images to
better explain what the engineered transmission line structures look like and clarified the effort to
minimize construction disturbance and erosion, and to include reclamation efforts. Mr. Thompson
stated the Development Standards are the most extensive he has seen and although somewhat
difficult, Tri-State is willing to accept them as proposed and keep a good working relationship to
assist with moving the project forward.
• John Moser, landowner, stated this project brings the necessary power as CR 49 is
developed, which is very important to the future as development occurs. He emphasized the need
for power already exists and it is going to make a positive difference to the area. Mr. Moser stated
he is in support of the project and it is good for the community and good for Weld County. In
response to Commissioner Kirkmeyer, Mr. Moser explained it is a lease agreement for 99 years.
El In response to Commissioner Moreno, Mr. Thompson reiterated the process of outreach to
surrounding property owners and explained it is a good sign that there is not a room full of people
objecting.
el Commissioner Kirkmeyer disclosed for the record that she is a member of United Power and
that she has received the letters before regarding projects in relation to land acquisition. In
response to Commissioner Kirkmeyer, Mr. Thompson clarified Tri-State has not gone to final
design which is contingent on approval today; therefore, there have been no land acquisitions
related to Phase 2 for that reason. He confirmed there is a preferred route; however, it makes
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sense to wait until the application is approved before moving forward with landowners. In further
response, he explained the outreach procedure and the percentage of funds used to pay the
consultant to perform the outreach properly. Mr. Thompson also explained other major
transportation corridors where Tri-State has constructed transmission lines and displayed slides
to support these claims.
▪ In response to Commissioner Kirkmeyer, Mr. Ogle explained the concerns listed in the
general objection letter from Kerr-McGee. Mr. Thompson interjected Tri-State's willingness to
work with Kerr McGee.
• In response to Chair Freeman, Mr. Thompson stated although the Development Standards
are the most extensive he has ever seen, he emphasized Tri-State's cooperative acceptance of
the Conditions and Development Standards to be able to move the project forward.
• In response to Commissioner Conway, Mr. Ogle explained the requirement for all of the
signed and recorded easement agreements to be submitted to the Department of Planning
Services.
• Commissioner Kirkmeyer suggested a sentence be deleted from Criteria Paragraph #2.B.2
regarding nearby cities. The Board agreed. She suggested language be added to Condition of
Approval (COA) #1.B on page 17; however, after further discussion the Board deemed it
unnecessary. Commissioner Kirkmeyer recommended deleting COA #1.F regarding the request
from Kerr-McGee Oil and Gas Onshore, LP, and the Board agreed.
• Commissioner Kirkmeyer requested Board discussion related to the letters regarding land
acquisition that threaten eminent domain. She suggested the letters be copied to the Board of
County Commissioners. Commissioner Conway asked if this would be a new Development
Standard. Commissioner Cozad agreed the landowners deal with a lot and she does not think
this would be a problem. Commissioner Conway agreed this would be a good idea due to
treatment of Weld County citizens. Commissioner Cozad listed concerns regarding private sector
negotiations that may not be shared and asked for legal counsel.
• Mr. Choate stated negotiations prior to hearings are meant to be confidential.
After Board discussion, Elizabeth Relford, Department of Public Works representative, stated
there are state statutes that have to be followed and staff would be willing to review the letters to
make sure the statutes are covered.
• Mr. Thompson responded respectfully that there are a variety of letters being sent out other
than the one being referred to. He emphasized that Tri-State treats landowners very well.
• Commissioner Kirkmeyer clarified the need for this conversation to better understand the
numerous complaints by constituents feeling harassed by these letters. She encouraged a more
neighborly communication be adopted. Commissioner Conway agreed and encouraged the
applicant to consider the response of the Commissioners to the letter because they ultimately
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arrive before the Board.
Commissioner Kirkmeyer suggested corrections to be consistent throughout the
Development Standards. Mr. Ogle recommended using "owner of the facility"for consistency. The
Board agreed. She further suggested a change to Development Standard (DS) #11 to delete the
words "permitted and', add language to delineate coordination with Public Works and the
County's Contractor. Chair Freeman read the language submitted at the beginning of the hearing
for DS#12. Commissioner Kirkmeyer requested clarification to DS#18, staff discussed the matter
and Ms. Relford suggested deleting the words "will be."The Board agreed to the changes.
el In response to Chair Freeman, Mr. Thompson indicated they have reviewed, and agree to
abide by, the Conditions of Approval and Development Standards, as amended.
el Commissioner Cozad moved to approve the request of Tri-State Generation and
Transmission, Inc., for a Site Specific Development Plan and Use by Special Review Permit,
USR15-0049, for a Major Facility of a Public Utility or Public Agency (approximately 30.5 miles of
transmission lines) and facility construction laydown yards near the Greenhouse, Colfer,
Rattlesnake Ridge and South Kersey substations (consisting of two construction trailers, multiple
storage containers and other associated equipment) in the A (Agricultural) Zone District, with the
Conditions of Approval and Development Standards as amended and entered into the record.
The motion was seconded by Commissioner Moreno.
Commissioner Cozad thanked the applicant for working with staff and for their cooperative
acceptance of the extensive Development Standards. She stated the application meets the
criteria of the Code, it is a huge investment into Weld County, and it will provide service that is
needed now and in the future. Commissioner Conway agreed with the comments of
Commissioner Cozad and stated economic growth reflects the good neighbor policy and he
further encouraged the applicant to continue to be a good neighbor. Commissioner Moreno
concurred. Commissioner Kirkmeyer extended her appreciation to the applicant for working with
staff and stressed the need to treat the landowners well. She also thanked Ms. Relford and
Mr. Dunker for their efforts to work out the necessary Development Standards. Chair Freeman
echoed his fellow Commissioners and thanked the applicant. He stated this is an important project
and he is excited to see how it will meet the needs of the economic growth in the area, but he
reemphasized the concern that the constituents be treated fairly.
There being no further discussion, the motion carried unanimously and the hearing was
completed at 11:36 a.m.
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This Certification was approved on the 7th day of March, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditifet) C� �,�,/a'• �Cl�•e4, Mike Freeman, Chair
Weld County Clerk to the Board
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