HomeMy WebLinkAbout20160186.tiff RESOLUTION
RE: APPROVE 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.
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 16th day of
December, 2015, 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, Inc., 1100 West 116th Avenue,
Westminster, CO 80233-0695, 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, on the
following described real estate, being more particularly described as follows:
Commencing at the Greenhouse substation located within the Corporate City
Limits of Fort Lupton in Section 34, T2N, R66W then crossing Sections 35, 26, and
25, T2N, R66W and then into Sections 30, 29, 28, 27, and 22, T2N, R65W into the
Colfer Substation. Commencing at the Colfer Substation heading into Section 22,
T2N, R65W and crossing Sections 15, 10, 11, and 2, T2N, R65W and entering
Section 35, T3N, R65 and crossing into Sections 36 and 25, T3N, R65W into the
Rattlesnake Ridge Substation. From Section 26, T3N, R65W the transmission line
enters Section 30, T3N, R64W then crosses through Sections 30, 19, 18, 7 and 6,
T3N, R64W and into Section 1, T3N, R65W then crossing Sections 36 and 25,
T4N, R65W then entering Section 30, T4N, R64W and crossing Sections 30, 24,
and 14, T4N, R65W into the Milton Substation. Commencing at the Milton
Substation entering Section 18, T4N, R64W and crossing Sections 7 and 6, T4N,
R65W and then entering Section 32, T5N, R65W and terminating at the South
Kersey substation.
WHEREAS, at said hearing, the applicant was present and represented by Selina Koler,
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
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, the Board deemed it advisable to continue the matter to
March 2, 2016, at 10:00 a.m., 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, and
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WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, on March 2, 2016, the Board of County Commissioners heard further
testimony and statements of those present, studied the request of the applicant and the
recommendation of the 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 23-2-230.6 of the Weld County Code as follows:
A. The submitted materials are in compliance with the application
requirements of Chapter 21 of the Weld County Code.
B. The applicant has shown compliance with Section 21-3-340.A of the Weld
County Code, as follows:
1) Section 21-3-340.A.1 states: "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.
2) Section 21-3-340.A.2 states: "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 agricultural uses, residential development and oil and
gas activities. The communities nearest to the project area are Fort
Lupton, Hudson, and Kersey. 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 footprints of
the proposed structures would be the only land removed from
current use. Land between the transmission structures would
remain available for farming, grazing, or other operations that do
not interfere with safe and reliable operation of the transmission
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lines. 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.
3) Section 21-3-340.A.3 states: "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.
a. Scenario A: Taking no action would result in no power
delivery to Members and their customers. The No Action
Alternative does not meet the needs of the Project.
b. Scenario B: This alternative would involve the construction
of approximately 30.5 miles of 230-kV and 115-kV
transmission line and three new substations. Alternative B
would provide the necessary power to serve oil and gas
facilities in the area, as requested by Member customers.
The preferred system alternative is Alternative B, which meets the
project's purpose and need and provides a cost-effective, secure,
and reliable source of power for Tri-State's Members, United
Power, and their customers. The process used to identify
alternative locations for the transmission lines began with
delineating the Study Area (for all phases of the project). The
general location for the substation site and the transmission lines
were initially identified based on the location of the oil and gas
facilities, interconnection considerations, existing infrastructure,
and residences. The locations of these features heavily influenced
the area of consideration for the transmission lines and substations.
Four potential routes from the proposed Greenhouse Substation to
Colfer Substation to Rattlesnake Ridge Substation to Milton
Substation to South Kersey Substation were evaluated. The
preliminary routes for the proposed 230-kV Greenhouse—Colfer
transmission line were identified along existing transmission lines
and pipelines, as well as field lines.
Greenhouse Substation to Colfer Substation (Greenhouse—Colfer):
The preliminary routes for the proposed 230-kV Greenhouse-Colfer
transmission line were identified along existing transmission lines,
Highway 52, and field lines. An existing utility corridor, which is
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located directly northeast of the Greenhouse Substation and going
east toward Hudson, presented an opportunity for routing, although
the corridor crosses near two residences and is approximately 1.4
miles from the Platte Valley Airpark. An additional route was
identified to the north that avoids the residential crossing, but
passes near four additional residences. A route to the south along
Highway 52 was also evaluated because of the potential to
consolidate disturbance with the highway corridor.
Greenhouse—Colfer Preferred Route Aternative: The preferred
route makes use of the existing utility corridor between the
Greenhouse Substation and the Hudson area. The route has the
fewest residences, the fewest number of center pivots, is
approximately 1.06 miles from the Platte Valley Airpark, and is
adjacent to an existing transmission line away from the airport to
the south.
Greenhouse—Colfer Alternative 1: Alternative 1 follows the
preferred route to the north but then turns east
approximately 0.5 mile north along CR 20. This route is
parallel to CR 20 for most of the route; however, it would
create an additional corridor approximately 0.5 mile from the
existing corridor. This route crosses four center pivots and
would also impact twice as many residences.
Greenhouse—Colfer Alternative 2: Alternative 2 runs east
out of the Greenhouse Substation to the Hudson area
(proposed Colfer Substation) south of the other alternatives
along Highway 52. This route would impact nearly five times
as many residences as the preferred route and would
impact the most landowners. The Alternative is also the
closest to the Platte Valley Airpark and would create a new
obstruction for the airport to the south.
Colfer Substation to Rattlesnake Ridge Substation
(Colfer-Rattlesnake Ridge): The area between the Colfer
Substation and the Rattlesnake Ridge Substation is primarily
agricultural land (center pivots and pasture lands), with intermittent
residential development. Preliminary routes for the
Colfer-Rattlesnake transmission line were identified along field lines
and County roads. An additional route that follows an existing
transmission line owned by Xcel Energy (Xcel) to the east was also
evaluated.
Colfer—Rattlesnake Ridge Preferred Route Alternative: The
Preferred route begins at the proposed Colfer Substation property
and heads due west parallel to Xcel's existing Hudson—Fort Lupton
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line for approximately 0.8 mile where it turns due north and runs
along property boundaries for 2.5 miles. The route then crosses the
existing east-west utility corridor and continues north for another 1.5
miles where it turns north to the Rattlesnake Ridge Substation
parcel. This route has the fewest number of road crossings,
residences, and the fewest number of landowners impacted.
Colfer—Rattlesnake Ridge Alternative 1: Alternative 1 heads
west out of the Coffer Substation for approximately 1.8 miles
where it heads north for 2.5 miles along CR 41. The
transmission line crosses the County Road four times along
this stretch to avoid homes and oil and gas facilities, and
additional crossing could be required upon final
engineering. The route then heads to the east for
approximately one (1) mile where it heads north again along
CR 43 for three (3) miles. The route would have to cross the
CR 9 times along this stretch to avoid homes and oil and
gas facilities. The route then goes west for 2.5 miles along
County Road 20 where it crosses back-and-forth another
two times. This route has multiple road crossings, a large
number of impacted residences and a large amount of
center pivots impacted.
Colfer-Rattlesnake Ridge Alternative 2: This route goes
south out of the Colfer Substation property for approximately
0.5 mile to the existing Hudson Substation. It then follows
Xcel's existing Ennis—Hudson transmission line for 7.8
miles, crossing CR 49 twice. The route then heads north off
of the existing corridor for three (3) miles. This route is the
longest of the Colfer—Rattlesnake Ridge alternatives and
has the majority of its route adjacent to existing transmission
line corridors. However, it crosses within 500 feet of six (6)
residences and impacts 17 landowners. Additionally, it is
within 200 feet of ten (10) oil and gas facilities.
Rattlesnake Ridge Substation to Milton Substation (Rattlesnake
Ridge—Milton): The area between the Rattlesnake Ridge Substation
and the Milton Substation is dominated by oil and gas development,
agricultural land uses, and rural residents. The CR 49 corridor runs
between the two substations and is proposed for substantial
widening and re-alignment. Alternatives were evaluated that
included use of the existing disturbed CR 49 corridor and also
routes to the east and west of the corridor to avoid oil and gas
facilities, residences, and agricultural operations.
Rattlesnake Ridge—Milton Preferred Route Alternative: The
preferred route out of the Rattlesnake Ridge Substation crosses
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CR 40 at the intersection of CR 44 and heads north, just east of the
future road alignment for approximately 3.3 miles. It then diverts to
the west off of the road to avoid homes and crosses through land
owned by the State of Colorado. It crosses back into the CR 49
alignment near CR 42 and continues north for 1.2 miles where it
terminates at the Milton Substation. This route had the fewest
number of road crossings, residences and landowners impacted.
Rattlesnake Ridge—Milton Alternative 1: Alternative 1
crosses CR 49 out of the Rattlesnake Ridge Substation and
heads east along CR 30 for approximately 0.5 mile where it
turns north and runs along property boundaries
approximately five (5) miles where it rejoins the CR 49
alignment. It then parallels the road to the north for another
1.8 miles, crossing the road three times to avoid homes and
oil and gas facilities. The route then heads northwest for 3.5
miles until it crosses CR 44 and returns the 1.4 miles to the
east to terminate at the Milton Substation.
Rattlesnake Ridge—Milton Alternative 2: Alternative 2 goes
east along CR 30 out of the Rattlesnake Ridge Substation
for 2 miles where it turns to the north and runs along
property lines for another two (2) miles. It then crosses to
the east and west for approximately 9 miles until it reaches
CR 49 where it turns west for 1.5 miles to the Milton
Substation.
Milton Substation to South Kersey Substation (Milton—South
Kersey): The area between the Milton Substation and the South
Kersey Substation includes two airports, which dominated the
routing efforts in this area. The Easton Valley View Airport occurs
along CR 49 approximately 1.2 miles north of the Milton Substation.
The Beaugh Field, which is a private airstrip, is located northeast of
the Milton Substation approximately 0.3 mile east of CR 51. The
area also includes center pivots and irrigated agriculture,
residences, and oil and gas wells and tank batteries.
Milton—South Kersey Preferred Route Alternative: The preferred
route runs north out of the Milton Substation and turns to the east
along the southern boundary of a parcel then continues north along
the west side of the parcel for approximately 0.5 mile where it turns
to the northeast and then north through two parcels. The route does
not occur along parcel boundaries on these properties due to the
approach and departure zone for the Easton Valley View Airport.
North of CR 48 the route then re-joins the parcel boundary and
continues to the north for 0.75 mile where it crosses County
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Road 50 onto a parcel owned by DCP Midstream, LP and into the
South Kersey Substation.
Milton—South Kersey Alternative 1: Alternative 1 also runs
north out of the Milton Substation and then east across the
southern boundary of the parcel then continues east for 0.5
mile where it turns north along CR 51. This route would
cross CR 51 seven times to avoid residences and oil and
gas facilities before crossing CR 50 into the South Kersey
Substation. This route was not selected because of the
congestion along CR 51 and would include property
acquisition for one property owner.
Milton—South Kersey Alternative 2: Alternative 2 follows the
same route as the Preferred Route Alternative and
Alternative 1 out of the substation and east across the parcel
continuing east for 0.9 mile where it would turn north along
parcel boundaries. The route would jog to the west to avoid
a center pivot along CR 48 and would then jog west again
to stay along parcel boundaries. It would continue north from
there into the South Kersey Substation. This route would
involve acquisition and discontinuing use of the Beaugh
airfield.
Public Outreach: Tri-State and their contractor, HDR, contacted
landowners along the preferred and alternative routes 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. In addition, negotiations are in process with
affected landowners to obtain Options for the purchase of
easements along the preferred routes. Landowner contacts began
in January, 2014, and are on-going. The proposed 30.5 miles of
transmission line would consist of approximately 160-270
structures. The structures would be steel pole construction spaced
approximately 600-1,000 feet apart. The transmission lines would
have three conductors per circuit for a double-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.
4) Section 21-3-340.A.4 states: "A satisfactory program to mitigate
and minimize adverse impacts has been presented." Colorado
Parks and Wildlife (CPW) returned a referral indicating no conflicts
with their interests, and the State Historical Society did not return a
referral response. The project area is characterized by agricultural
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lands, oil and gas development, and residential use. The
surrounding vegetation is primarily disturbed grassland.
Construction would occur primarily in areas that have been
previously disturbed, and impacts to native vegetation communities
are expected to be minimal. The land cover is primarily grassland
and herbaceous vegetation including weeds. Most access would
be overland or along existing municipal or county maintained roads
with limited non-maintained county roads, and minimal vegetation
would be disturbed from roads. No drainages or wetlands would be
impacted by the transmission lines or substation. Portions of the
Rattlesnake Ridge—Milton transmission line is within the floodplain,
therefore, a Weld County Floodplain Development Permit will be
required for transmission structures that occur within the floodplain.
The agriculture areas are 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. Prior to construction, Tri-State will conduct surveys
for migratory birds and Western Burrowing Owls (in prairie dog
towns in the vicinity of the transmission lines 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
recommendations. Where timing limitations or setback cannot be
applied due to timing constraints, other alternative mitigation
measures would be considered and vetted with CPW. 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)
standards developed by the Avian Power Line Interaction
Committee (APLIC 2006) and the APP guidelines (APLIC and
U.S. Fish and Wildlife Service [USFWS] 2005) to protect birds on
power lines, as well as NESC-specified electric conductor
clearances. Project impacts to wildlife are expected to be minimal
and limited to temporary disturbance from construction activities. As
part of the project, Tri-State will conduct a Class I archaeological
database search of the project area, as well as a Class III
pedestrian survey on properties where survey permission has been
granted and where significant disturbance has previously not
occurred. Any sites found to be eligible for listing on the National
Heritage Research Partnership (NRHP) will be spanned and
avoided by the project. There are no areas of geologic importance
in the vicinity of the project.
5) Section 21-3-340.A.5 states: "The nature and location or expansion
of the facility complies with all applicable provisions of the master
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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 (3) mile referral area for
the City of Fort Lupton, the Town of Hudson and the Town of
Kersey, which each responded without concerns.
6) Section 21-3-340.A.6 states: "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 agricultural 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 previously removed from agricultural use and
agricultural practices could continue on adjacent lands.
Approximately 55 construction workers would be employed during
the course of the approximately 11-month construction period. 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
Department of Public Works 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.
7) Section 21-3-340.A.7 states: "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 of
Fort Lupton, Hudson, and Kersey, and larger nearby communities
of Loveland, Greeley, Longmont and Thornton. Construction
contractors, regardless of origin, would likely spend some money in
Cheyenne or Greeley 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 footprints of
the proposed structures would be the only land removed from
current use. Land between the transmission structures would
remain available for farming, grazing, or other operations that do
not interfere with safe and reliable operation of the transmission
line. The project area is located within District 3 of the Weld County
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Sheriffs Office and is within the jurisdiction of the Fort Lupton,
Hudson, Platteville-Gilcrest, Southeast Weld, Platte Valley and
LaSalle Fire Protection Districts. Public roads are maintained by the
Weld County Department of Public Works and the respective
municipalities. The nearest hospital to the southern side of the
project area is in the City of Longmont (Longmont United Hospital)
and the nearest hospital to the northern side of the project area is
in the City of Greeley (North Colorado Medical Center). None of
these services is expected to be affected, unless emergency
situations occur. There are no adverse socioeconomic impacts
associated with the project. The project would not cause any
residents or businesses to be displaced. The Project would
generate additional tax revenue for Weld County.
8) Section 21-3-340.A.8 states: "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.
9) Section 21-3-340.A.9 states: "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 would not be located in stream
channels, appropriately sized culverts will be installed to maintain
channel flow and morphology. 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 site.
10) Section 21-3-340.A.10 states: "Adequate water supplies are
available for facility needs." Bottled water will be used during
construction of the transmission line and substation.
11) Section 21-3-340.A.11 states: "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.
12) Section 21-3-340.A.12 states: "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 9 miles
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of 230/115-kilovolt (kV) transmission line from Tri-State's existing
Greenhouse Substation to the proposed 115/69/13.2-kV Colfer
Substation; approximately 8.5 miles of 230/115-kV transmission
line from the proposed Golfer Substation to the proposed
115/69/13.2-kV Rattlesnake Ridge Substation; approximately nine
(9) miles of 230/115-kV transmission line between the proposed
Rattlesnake Ridge Substation and the proposed 230/115-kV Milton
Substation; approximately four (4) miles of 230/115-kV
transmission line between the proposed Milton Substation and the
existing South Kersey Substation, therefore, utility services are not
required post construction.
13) Section 21-3-340.A.13 states: "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 (CPW) returned a referral
indicating no conflicts with their interests, and the State Historical
Society did not return a referral response. The project area is
characterized by agricultural lands, oil and gas development, and
residential use. 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 municipal or county roads, and
minimal vegetation would be disturbed from roads. No drainages or
wetlands would be impacted by the transmission lines or substation.
The agriculture areas are 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. Prior to construction, Tri-State will conduct surveys
for migratory birds and Western Burrowing Owls (in prairie dog
towns in the vicinity of the transmission lines 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 CPW recommendations. Where timing
limitations or setback cannot be applied due to timing constraints,
other alternative mitigation measures would be considered and
vetted with CPW. 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) standards developed by
the Avian Power Line Interaction Committee (APLIC 2006) and the
APP guidelines (APLIC and USFWS 2005) to protect birds on
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power lines, as well as NESC-specified electric conductor
clearances. Project impacts to wildlife are expected to be minimal
and limited to temporary disturbance from construction activities. As
part of the project, Tri-State will conduct a Class I archaeological
database search of the project area, as well as a Class III
pedestrian survey on properties where survey permission has been
granted and where significant disturbance has previously not
occurred. Any sites found to be eligible for listing on the National
Heritage Research Partnership (NRHP) will be spanned and
avoided by the project. There are no areas of geologic importance
in the vicinity of the project.
14) Section 21-3-340.A.14 states: "The nature and location or
expansion of the facility, including expected growth and
development related to the operation and provision of service, will
not significantly deteriorate water or air quality in the impact area."
Construction would last approximately eleven months. Construction
activities associated with the proposed transmission line and
substations would generate less than significant amounts of
particulate matter from soil disturbances and diesel-powered
equipment, and less than significant amounts of carbon monoxide
and the precursor pollutants to ozone formation from tailpipe
emissions. Any air pollutants generated would be widely dispersed
across the project area, short term in duration, and minimized by
the small scale of construction operations for the substations, and
excavating foundations and placing single pole transmission
structures. Air pollutants also would be minimized through
implementation of dust suppression and proper vehicle
maintenance. Therefore, project construction is not expected to
contribute to the air quality status in the area. There would be no
long-term air quality effects associated with routine operation and
maintenance of the proposed transmission line and substations.
Once construction activities have been completed, but before
vegetation has been re-established, some minor amount of
additional dust could occur. The generation of dust would be
monitored by Tri-State, and the appropriate action would be taken
to control the dust and ensure that potential wind erosion is
minimized. Weld County is an attainment area for all measured
pollutants, including particulate matter smaller than 10 micrometers
in diameter (PM10). 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.
15) Section 21-3-340.A.15 states: "The geological and topographic
features of the site are adequate for all construction, clearing,
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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.
16) Section 21-3-340.A.16 states: "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 Rattlesnake Ridge Substation, the Milton
Substation, and the Colfer Substation. Prior to construction, a
Stormwater Permit for Construction Activities would be acquired
from the CDPHE, where required.
17) Section 21-3-340.A.17 states: "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. The project would not impact hydrologic flow of either
surface water or groundwater, nor would it affect groundwater
recharge. Prior to construction, a Stormwater Permit for
Construction Activities would be acquired from the CDPHE, where
required. Minimal water would be used during Project construction.
Water for construction purposes, including concrete foundations
and dust control, would be brought in from off-site sources by a
construction water provider. The source of the construction water
would be from either a private well owned by the construction water
company or from a municipality. No existing water rights would be
impacted, and there would be no long-term use of water. If water is
needed for revegetation around transmission structures or
temporary access roads, the construction water provider would
supply the water. No water would be required for the operation of
the transmission lines or substations.
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18) Section 21-3-340.A.18 states: "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 81 acres.
19) Section 21-3-340.A.19 states: "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.
20) Section 21-3-340.A.20 states: "The proposed project (nonlinear
facilities) will not present an unreasonable risk of exposure to or
release of toxic or hazardous substances within the impact area."
The determination of effects of the project shall include the following
considerations:
a. The means by which outdoor storage facilities for fuel, raw
materials, equipment and related items are adequately
enclosed by a fence or wall.
b. The likelihood of hazardous materials or wastes being
moved off the site by natural causes or forces.
c. Containment of inflammable or explosive liquids, solids or
gases.
There would be temporary storage of construction materials at the
four 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
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to be used on site are those found in diesel fuel, gasoline, coolant
(ethylene glycol), and lubricants in machinery. Hazardous materials
would not be drained onto the ground or into streams or drainage
areas. In its contract with the construction contractor, Tri-State will
specify that it will hold a required pre-construction meeting with the
contractor to ensure that all applicable laws and Tri-State's
procedures will be followed. Enclosed containment would be
provided for all trash. All construction waste, including trash and
litter, garbage, other solid waste, petroleum products, and other
potentially hazardous materials would be removed to a disposal
facility authorized to accept such materials. The Environmental
Health Department has added Development Standards No. 15 and
16 to address proper disposal of waste materials.
21) Section 21-3-340.A.21 states: "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 30.5 miles
of new 230-kV transmission lines originating at the Greenhouse
Substation and terminating at the South Kersey Substation. The
new transmission lines would be constructed on steel structures
within a 150 foot right-of-way. The transmission line would consist
of approximately 160-270 structures, with conductors and phase
wires, a shield wire, and an optical ground wire for internal Tri-State
communications. The project will also include three new
substations:
Golfer Substation-115/69/13.2-kV substation located on lands to be
owned by Tri-State. The Colfer Substation will include a 115-kV six
breaker ring bus, expandable to an inverted breaker and a half, one
115/69/13.8kV 100 megavolt ampere (MVA) transformer, one
115/13.2kV 40 MVA transformer, and four 115-kV transmission line
bays.
Rattlesnake Ridge Substation-115/69/13.2-kV substation located
on lands leased by United Power. The Rattlesnake Ridge
Substation will include a ring bus (expandable to a breaker and a
half) with 4x 115-kV breakers, a single 115/13.2kV 40 MVA
transformer, and one 115/69/13.8kV 100 MVA transformer.
Milton Substation-230/115-kV substation located on lands to be
owned by Tri-State. The Milton Substation will include one 230/115-
kV 300 MVA transformer, three 230-kV breakers and three 115-kV
breakers, expandable to an ultimate arrangement that will include a
115-kV inverted breaker and a half and a 230-kV inverted breaker
and a half. The substation will allow for future expansion and
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additional 230-kV, 115-kV, or distribution level connections. There
will initially be a 230-kV connection from the Phase I Greenhouse
Substation and a 115-kV connection to a future substation located
just east of the Milton Substation (across CR 49) called the Neres
Canal Substation. The Neres Canal Substation would be permitted
by an oil and gas operator as part of a proposed gas plant.
Site preparation at all of the substations will include grading,
fencing, grounding, and construction foundations. The addition of
equipment to the South Kersey Substation would include a breaker,
line position, and associated equipment (all located inside the
existing fence boundary). The project also includes construction
staging areas used for the duration of construction to store
equipment and stage construction located near the Davis
Substation on CR 18, near the Rattlesnake Ridge Substation on
CRs 43 and 30, and at the proposed Colfer and South Kersey
Substations. Each staging area will have two construction trailers
on-site for approximately 19 months, multiple storage containers,
and other associated equipment. The proposed transmission line
and associated new substations 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. Several different companies have indicated
sizeable potential electrical loads in the area beyond what is
currently being considered. 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.
22) Section 21-3-340.A.22 states: "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 to 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application 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
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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, 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 Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required for the Rattlesnake Ridge Substation.
B. A copy of the signed and recorded (construction and post-construction)
easement agreements (or other acceptable authorization from property
owners) shall be submitted to the Department of Planning Services.
C. County Road 16 has been annexed by the City of Fort Lupton. The City
has jurisdiction over all accesses within their jurisdiction. Please contact
the City to verify the access permit or for any additional requirement that
may be needed to obtain or upgrade the permit.
D. The applicant shall submit a Floodplain Development Permit (FHDP)for all
development activities located within the special flood hazard area. The
FEMA definition of development is any man-made change to improved or
unimproved real estate, including, but not limited to, buildings or other
structures, mining, dredging, filling, grading, paving, excavation, drilling
operations, or storage of equipment and materials.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR15-0049.
2) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
3) The attached Development Standards.
4) The final location of the permanent 100 to 150-foot transmission
line easement with dimension of permanent right-of-way, property
ownership, parcel number, all easements of record, and all physical
encumbrances.
5) County Roads 18, 32, 36, 38, 39 and 42 are designated on the Weld
County Road Classification Plan as gravel local roads, which
require 60 feet of right-of-way at full buildout. All setbacks shall be
measured from the edge of future right-of-way. These roads are
maintained by Weld County
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6) CR 37 is designated on the Weld County Road Classification Plan
as a paved local road, which require 60 feet of right-of-way at full
buildout. All setbacks shall be measured from the edge of future
right-of-way. This road is maintained by Weld County.
7) CRs 34, 41 and 44 are designated on the Weld County Road
Classification Plan as a paved collector roads, which require 80 feet
of right-of-way at full buildout. There is presently 60 feet of right-of-
way. An additional 10 feet shall be delineated on the plat as future
right-of-way. All setbacks shall be measured from the edge of future
right-of-way. These roads are maintained by Weld County.
8) CR 22 is designated on the Weld County Road Classification Plan
as a paved arterial road, which requires 140 feet of right-of-way at
full buildout. There is presently 60 feet of right-of-way. An additional
70 feet shall be delineated on the plat as future right-of-way. All
setbacks shall be measured from the edge of future right-of-way.
This road is maintained by Weld County.
9) CR 49 is designated on the Weld County Classification plan as an
arterial road which typically requires 140 feet of right-of-way at full
buildout. Weld County is currently in the process of widening this
corridor. The alignment of the road widening project varies along
the section line for the corridor. Contact Department of Public
Works for the location of the existing and future right of way and
easements and delineate these.
10) CRs 20, 28, 30, 33, 35, 43, 45 and 47 Section Line are shown to
have 30 feet of unmaintained section line right-of-way, per the Weld
County GIS right-of-way map. The applicant shall delineate the
existing right-of-way. All setbacks are measured from the edge of
future right-of-way.
11) CRs 24, 26 and 40 Section Line are shown to have 60 feet of
unmaintained section line right-of-way, per the Weld County GIS
right-of-way map. The applicant shall delineate the existing right-
of-way. All setbacks are measured from the edge of future right-of-
way.
12) Delineate the Colfer, Rattlesnake Ridge and South Kersey
Substation sites to be utilized for the base of operations and
construction staging areas associated with this application.
13) Show the Weld County approved accesses and label with the
approved Access Permit Number.
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14) Show the floodplain and floodway (if applicable) boundaries. Label
the floodplain boundaries with the FEMA Flood Zone and FEMA
Map Panel Number or appropriate study.
2. One month prior to construction activities:
A. The approved access and tracking control shall be constructed prior to on-
site construction.
B. If more than one (1) acre is to be disturbed for construction of
non-transmission line items such as substations, structures, parking lots,
laydown yards etc., a Weld County Grading Permit will be required.
3. The applicant shall submit one (1) paper copy or one (1) electronic (.pdf) copy of
the map for preliminary approval to the Weld County Department of Planning
Services.
4. Upon completion of Conditions of Approval #1 through #3 above, the applicant
shall submit an electronic version (.pdf), or one (1) paper copy, of the plat to the
Weld County Department of Planning Services for preliminary approval. The plat
shall be prepared in accordance with the requirements of Section 23-2-260.D of
the Weld County Code. Upon approval of the plat, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat and additional requirements shall be submitted within one hundred
twenty(120)days from the date of the Board of County Commissioners Resolution.
The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The applicant shall be
responsible for paying the recording fee.
5. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat 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 added for each additional three (3) month
period.
6. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Use by Special Review. Acceptable CAD formats are .dwg,
.dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles,
Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred
format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may
be sent to maps@co.weld.co.us.
7. The Applicant shall, prior to construction of any segment, submit to the
Department of Planning Services a Special Review map that shows the entire
length of the project. Upon submittal, the map shall be ready for recording in the
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office of the Weld County Clerk and Recorder. Thereafter, prior to constructing
any individual segment, the Applicant shall submit to the Department of Planning
Services a supplemental map showing the individual segment to be constructed.
The supplemental map shall be ready for recording upon submittal.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of March, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD,� \COUNTY, COLORADO
ATTEST: ditAf/t) &C jejeo•c�c ��' -Y•� '2c'�`s�Mike Freeman, Chair
Weld County Clerk to the Board
•
5- —
Se P. ConwayetAbk-eyvk_..
Pro-
De•�� Clerk to the Band )1 %„�j /rt a ,
''® ��`arbara Kirkmeye
APPROVED AS TO FORM: IUUI ligii '
�l �i aeTA-1/
^ %�►*' lie A. Cozad
County Attorney ti \
.342i '`��•�:r�`'' Steve Moreno
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TRI-STATE GENERATION AND TRANSMISSION, INC.
USR15-0049
1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0049, is
for a Major Facility of a Public Utility or Public Agency approximately 9 miles of
230/115-kilovolt (kV) transmission line from Tri-State's existing Greenhouse Substation
located near County Roads 31 and 14 to the proposed 115/69/13.2-kV Colfer Substation
located near County Roads 45 and 18; approximately 8.5 miles of 230/115-kV
transmission line from the proposed Colfer Substation north to the proposed
115/69/13.2-kV Rattlesnake Ridge Substation located near County Roads 49 and 30;
approximately 9 miles of 230/115-kV transmission line between the proposed Rattlesnake
Ridge Substation and the proposed 230/115-kV Milton Substation located near County
Roads 49 and 44; approximately 4 miles of 230/115-kV transmission line between the
proposed Milton Substation and the existing South Kersey Substation located near the
intersection of County Roads 51 and 50, including the addition of a circuit breaker, line
position, and associated equipment inside the fence of Tri-State's existing South Kersey
Substation, subject to the provisions of Section 23-4-420 of the Weld County Code 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, subject
to the Development Standards stated hereon - Tri-State Generation and Transmission
Association / Southwest Weld Expansion Project Phase II
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The owner of the facility shall not interfere with or cause construction delays during the
construction of the Weld County Road (WCR) 49 Corridor Project, February 2016 through
the end of the project. If the WCR 49 Corridor contractor cannot make reasonable
accommodations to work with the applicant's contractor anywhere along the WCR 49
Corridor, the applicant's contractor shall postpone their work until the applicant's work can
be done with no conflict or delays during construction of the WCR 49 Corridor Project. The
decision to postpone construction by the applicant in certain areas along the WCR 49
Corridor shall be at the sole discretion of Weld County.
4. The owner of the facility shall not place any structures in County road right-of-way, whether
or not the applicant has an easement in that location.
5. The owner of the facility shall pay any additional costs associated with the installation of
their facilities along the Weld County Road (WCR)49 Corridor Project between US 34 and
1-76, due to the WCR 49 Corridor Project relocation of existing utilities along the corridor.
6. The owner of the facility shall provide their design (structure locations, line clearances,
etc.) to Public Works for review and approval to ensure their minimum structures offset
from public right-of-way and have no conflicts with other utilities, current or future, traffic
signals, or other future traffic control devices such as an overpass.
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7. All easements acquired by Tri-State shall be non-exclusive. In areas where Tri-State
co-locates in easements with other utilities, Tri-State will accommodate those utilities by
locating structures to the outside of the area where the easements overlap except as
otherwise approved by Public Works and such other utility.
8. Prior to landowner offers, Tri-State shall provide Public Works all right-of-way acquisition
documents within 150 feet of WCR 49 ROW, or within 150 feet of any intersecting side
roads for 1,000 feet. These right-of-way acquisition documents will be reviewed and
approved by Public Works to ensure there are no project conflicts.
9. The owner of the facility shall utilize access as approved by Access Permit Number,
AP15-00502.
10. The owner of the facility shall obtain a right-of-way permit for project construction.
11. Any temporary or construction accesses shall be approved by Public Works. The owner
of the facility shall coordinate with Public Works and the County's contractor to ensure the
use of any access points do not delay or disrupt the construction of WCR 49 Corridor
Project.
12. The owner of the facility shall be responsible for all costs associated with relocating or
elevating their lines if the line conflicts with future roadway infrastructure within 1,000 feet
in any direction from WCR 49 and any intersecting side roads per approved alignment of
USR15-0049.
13. The historical flow patterns and runoff amounts will be maintained on-site.
14. There shall be no parking or staging of vehicles on County Roads. On-site parking shall
be utilized.
15. The owner of the facility shall be responsible for controlling the noxious weeds, pursuant
to Section 15-1-180 of the Weld County Code.
16. The substation sites shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
17. Weld County is not responsible for the maintenance of on-site drainage related features.
18. Access along unmaintained County right-of-way and maintenance of the right-of-way will
not be the responsibility of Weld County.
19. The owner of the facility will utilize a location near the Greenhouse, Colfer, Rattlesnake
Ridge and South Kersey sites for its base of operations and construction staging areas.
20. A Right-of-Way Permit will be required at each County Road crossing, along with approved
signing details.
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21. 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.
22. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 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.
23. 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, Section 30-20-100.5, C.R.S.
24. 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 applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code.
25. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commissions Air Quality Regulations.
26. Adequate toilet facilities (portable toilets) and handwashing units shall be provided during
construction of the project.
27. Environmental Protection Measures for Construction Projects, as identified in the
application, shall be adhered to by Tri-State Generation and Transmission and
successors.
28. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone as delineated in Section 14-9-30 of the Weld County Code.
29. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map #08123C-1975 effective date January 20,
2016 (Box Elder Creek Floodplain). Any development shall comply with all applicable
Weld County requirements, Colorado Water Conservation Board requirements as
described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA
definition of development is any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials.
30. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
31. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County-Wide Road Impact Fee Program.
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32. 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.
33. The owner of the facility shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
34. The owner of the facility shall be responsible for complying with the Operation Standards
of Section 23-2-250 of the Weld County Code.
35. 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.
36. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards as shown or stated shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
37. The owner of the facility 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.
38. 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.
39. 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.
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