HomeMy WebLinkAbout20160187.tiff BEFORE THE WELD COUNTY, COLORADO , PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Sparrow, that the following resolution be introduced for passage by the Weld County Planning
Commission . Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR15-0049
APPLICANT: TRI-STATE GENERATION & TRANSMISSION INC
PLANNER: KIM OGLE
REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY
(APPROXIMATELY 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.
LEGAL DESCRIPTION : COMMENCING AT THE GREENHOUSE SUBSTATION LOCATED WITHIN THE
CORPORATE CITY LIMITS OF FORT LUPTON IN SECTION 34 , T2N , R66W
EXHIBIT THEN CROSSING SECTIONS 35 , 26 , AND 25, T2N , R66W AND THEN INTO
S ECTIONS 30 , 29 , 28 , 27 , AND 22 , T2N , R65W INTO THE COLFER
SUBSTATION . COMMENCING AT THE COLFER SUBSTATION HEADING INTO
S , , AND G 5, 1 , , , ,
� ` • R65W ANDECTION22 ENTERING
T2N SECTIONR65W 35CROSSIN, T3N , R65 AND SECTIONS CRO1SSING0 11 INTOAND SECTION
U3tU5 - . 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
S ECTION 32 , T5N , R65W AND TERMINATING AT THE SOUTH KERSEY
S UBSTATION .
LOCATION : APPROXIMATELY 0 .5 MILES SOUTH OF CR 52 ; WEST OF AND ADJACENT TO
CR 51 ; APPROXIMATELY 0 . 5 MILES NORTH OF CR 14 AND EAST OF AND
ADJACENT TO CR 31 .
be recommended favorably to the Board of County Commissioners for the following reasons :
1 . The submitted materials are in compliance with the application requirements of Chapter 21 of the Weld
County Code .
2 . It is the opinion of the Planning Commission that the applicant has shown compliance with Section 21 -
3-340 . A of the Weld County Code , as follows :
Section 21 -3-340.A . 1 — The health, welfare and safety of the citizens of the County will be protected
and served.
The Design Standards (Section 23-2-240 ) , Operation Standards (Section 23-2-250 ) , Conditions of
Approval , and Development Standards ensure that there are adequate provisions for the protection of
health , safety, and welfare of the inhabitants of the neighborhood and County.
Section 21 -3-340.A . 2- The natural and socio-economic environment of the County will be protected and
enhanced.
There are no significant prevalent natural hazards in the area that will affect, or be affected by, the project.
Historically the area has been dominated by agricultural uses , residential development and oil and gas
activities .
The communities nearest to the Project area are Fort Lupton , Hudson , and Kersey. Larger nearby cities
include Loveland , Greeley, Longmont and Thornton . It is anticipated that the Project would have a small
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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 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(Weld County 2008).
Section 21-3-340.A.3--All reasonable alternatives to the proposed action,including use of existing rights-
of-way and joint use of rights-of-way wherever uses are compatible,have been adequately assessed and
the proposed action is compatible with and represents the best interests of the people of the County and
represents a fair and reasonable utilization of resources in the impact area.
The transmission line corridor alternatives were evaluated to address the needs of the Project.
Scenario A: Taking no action would result in no power delivery to our Members and their customers.
The No Action Alternative does not meet the needs of the Project.
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.Alternative B 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 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.
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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 and 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 County Road 20. This route is parallel to County Road 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—Golfer Alternative 2
Alternative 2 runs east out of the Greenhouse Substation to the Hudson area (proposed Coffer
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 (Golfer—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
Golfer—Rattlesnake transmission line were identified along field lines and County roads.An addition route
that follows an existing transmission line owned by Xcel Energy(Xcel)to the east was also evaluated.
Golfer—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 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.
Golfer—Rattlesnake Ridge Alternative 1
Alternative 1 heads west out of the Golfer Substation for approximately 1.8 miles where it heads north
for 2.5 miles along County Road 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 1 mile where it heads north
again along County Road 43 for 3 miles. The route would have to cross the County Road 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.
Golfer—Rattlesnake Ridge Alternative 2
This route goes south out of the Golfer 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 County Road 49 twice. The route then heads north off of the existing corridor for 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 residences
and impacts 17 landowners.Additionally, it is within 200 feet of 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 County Road 49 corridor runs between
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the two substations and is proposed for substantial widening and re-alignment. Alternatives were
evaluated that included use of the existing disturbed County Road 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 County Road 40 at the intersection
of County Road 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 County Road 49 alignment near County road 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 County Road 49 out of the Rattlesnake Ridge Substation and heads east along
County Road 30 for approximately 0.5 mile where it turns north and runs along property boundaries
approximately 5 miles where it rejoins the County Road 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 County Road 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 County Road 30 out of the Rattlesnake Ridge Substation for 2 miles
where it turns to the north and runs along property lines for another 2 miles. It then crosses to the east
and west for approximately 9 miles until it reaches County Road 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 County Road 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 County Road 51.The area also
includes center pivots and irrigated agriculture, residences, and oil and gas wells and tank batteries.
Milton-South Kersey Preferred Route Alteranative
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 County Road 48 the route then re-joins the parcel boundary and continues to the north for
0.75 mile where it crosses County 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 County Road 51.This route
would cross County Road 51 seven times to avoid residences and oil and gas facilities before
crossing County Road 50 into the South Kersey Substation. This route was not selected because of
the congestion along County Road 51 and would include property acquisition for one property owner.
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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 County Road 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 acquistion 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.
Section 21-3-340.A.4--A satisfactory program to mitigate and minimize adverse impacts has been
presented.
Colorado Parks and Wildlife 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.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
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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.
Section 21-3-340.A.5--The nature and location or expansion of the facility complies with all applicable
provisions of the master plan of this County, and other applicable regional, metropolitan, state and national
plans.
The preferred transmission line alignment and substation location is within the three mile referral area for
the City of Fort Lupton,the Town of Hudson and the Town of Kersey. The City of Fort Lupton,the Town of
Hudson and the Town of Kersey responded without concerns.
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 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 previous 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 Public
Works Department to determine the appropriate access to the construction area. All mobile construction
equipment would be certified to operate on Interstate highways.There may be short periods of time when
traffic would be halted on County Roads to allow construction vehicles to enter and exit the construction area.
No improvements to Weld County roads would be required.
Given the relatively short construction schedule,the site will not generate significant demands on community
services such as the school district.
Section 21-3-340.A.7--The nature and location or expansion of the facility will not create an expansion of the
demand for government services beyond the reasonable capacity of the community or region to provide such
services, as determined by the Board of County Commissioners.
It is anticipated that the Project would have a small beneficial impact to the nearby communities 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
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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 Sheriffs Department 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(Northern 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.
Section 21-3-340.A.8-- The facility site or expansion area is not in an area with general meteorological and
climatological conditions which would unreasonably interfere with or obstruct normal operations and
maintenance.
The proposed site was selected because it does not affect the meteorological and climatological conditions.
Section 21-3-340.A.9--The nature and location of the facility or expansion will not adversely affect the water
rights of any upstream, downstream or agricultural users, adjacent communities or other water users.
The application states that the project will not impact hydrologic flow of either surface of either surface water
or groundwater, nor will it affect groundwater recharge. Existing drainage patterns will be preserved.
Permanent facilities would not be located in stream channels,appropriately sized culverts will be installed to
maintain channel flow and morphology. 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.
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.
Section 21-3-340.A.11— The nature and location of the facility or expansion will not unduly interfere with
existing easements, rights-of-way, other utilities, canals, mineral claims or roads.
Agreements with holders of existing easements, rights-of-way, or utility, ditch, mineral or roads will be
obtained as appropriate once the Weld County permitting processes are complete.
Section 21-3-340.A.12--Adequate electric,gas, telephone, water,sewage and other utilities exist or shall be
developed to service the site.
This is an unmanned facility consisting of 9 miles 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 Colfer substation to the proposed
115/69/13.2-kV Rattlesnake Ridge substation; Approximately 9 miles of 230/115-kV transmission line
between the proposed Rattlesnake Ridge substation and the proposed 230/115-kV Milton substation;
Approximately 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.
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.
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Colorado Parks and Wildlife 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 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.
Section 21-3-340.A.14— The nature and location or expansion of the facility,including expected growth and
development related to the operation and provision of service, will not significantly deteriorate water or air
quality in the impact area.
Construction would last approximately eleven months. Construction activities associated with the
proposed transmission line and substations would generate less than significant amounts of particulate
matter from soil disturbances and diesel-powered equipment, and less than significant amounts of
carbon monoxide and the precursor pollutants to ozone formation from tailpipe emissions. Any air
pollutants generated would be widely dispersed across the Project area, short term in duration, and
minimized by the small scale of construction operations for the substations, and excavating foundations
and placing single pole transmission structures. Air pollutants also would be minimized through
implementation of dust suppression and proper vehicle maintenance. Therefore, Project construction is
not expected to contribute to the air quality status in the area. There would be no long-term air quality
effects associated with routine operation and maintenance of the proposed transmission line and
substations. Once construction activities have been completed, but before vegetation has been re-
established, some minor amount of additional dust could occur. The generation of dust would be
monitored by Tri-State, and the appropriate action would be taken to control the dust and ensure that
potential wind erosion is minimized.
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Weld County is an attainment area for all measured pollutants, including particulate matter smaller than
10 micrometers in diameter (PM 10). No air emissions would result from operation of the transmission
line or substations.
There would be no alteration in the pattern or intensity of surface drainage as a result of construction or
operation of the transmission line and all substations will have an approved drainage plan.
Section 21-3-340.A.15 — The geological and topographic features of the site are adequate for all
construction, clearing, grading, drainage, vegetation and other needs of the facility construction or
expansion.
The vicinity of the Project site is characterized by agricultural purposes,oil and gas development,and rural
residences.The surrounding vegetation is primarily disturbed grassland.Permanent removal of vegetation
would occur at structure sites and substations.Construction would occur primarily in areas that have been
previously disturbed, and impacts to native vegetation communities are expected to be minimal.
Section 21-3-340.A.16—The existing water quality of affected state waters will not be degraded below state
and federal standards or established baseline levels.
There would be no direct impacts to water quality associated with regular operation or maintenance of the
transmission lines and substations. Drainage from the substations would be directed towards detention
pond(s) located on the substation properties. Drainage plans will be prepared for the Rattlesnake Ridge
Substation,the Milton Substation, and the Colfer Substation. Prior to construction, a Storm Water Permit
for Construction Activities would be acquired from the CDPHE, where required.
Section 21-3-340.A.17 — The proposed project will not have a significantly adverse net effect on the
capacities or functioning of streams, lakes and reservoirs in the impact area, nor on the permeability,
volume, recharge capability and depth of aquifers in the impact area.
According to the application, construction and maintenance of the transmission lines and substations
would not measurably impact surface water or groundwater quality.Additionally,there would be no long-
term impacts to surface water or groundwater hydrology as a result of construction or operation of the
Project. Project would not impact hydrologic flow of either surface water or groundwater, nor would it
affect groundwater recharge. Prior to construction, a Storm Water Permit for Construction Activities
would be acquired from the CDPHE, where required.
Minimal water would be used during Project construction. Water for construction purposes, including
concrete foundations and dust control,would be brought in from off-site sources by a construction water
provider. The source of the construction water would be from either a private well owned by the
construction water company or from a municipality. No existing water rights would be impacted, and
there would be no long-term use of water. If water is needed for revegetation around transmission
structures or temporary access roads, the construction water provider would supply the water.
No water would be required for the operation of the transmission lines or substations.
Section 21-3-340.A.18— The benefits of the proposed developments outweigh the losses of any natural
resources or reduction of productivity of agricultural lands as a result of the proposed development.
The majority of the site consists of agricultural purposes, oil and gas development, and rural residences.
The facility will have limited impact on agricultural lands within the transmission line corridor project site and
minimal impact on future land use. Permanent facilities upon completion will only cover approximately 81
acres.
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Section 21-3-340.A.19—The applicant has obtained or will obtain all property rights,permits and approvals
necessary for the proposed project, including surface, mineral and water rights and easements for
drainage, disposal, utilities, access, etc. If the applicant has not obtained all necessary property rights,
permits and approvals, the Board may, at its discretion,grant the permit conditioned upon completion of the
acquisition of such rights prior to issuance of a zoning or building permit by the County.
The application indicates that individual land lease agreements have been obtained or will be acquired
between Tri-State and the affected property owners. The applicant has obtained or will obtain all property
rights, permits and approvals necessary for the proposed project, including surface, mineral and water
rights and easements for drainage,disposal, utilities,access,et cetera,following approval by the Board of
County Commissioners.
Section 21-3-340.A.20—The proposed project(nonlinear facilities)will not present an unreasonable risk of
exposure to or release of toxic or hazardous substances within the impact area. The determination of
effects of the project shall include the following considerations:
a. The means by which outdoor storage facilities for fuel,raw materials,equipment and related items
are adequately enclosed by 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 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.
Section 21-3-340.A.21 — The scope and nature of the proposed project will not unnecessarily duplicate
existing services within the County.
The scope and nature of the proposed project will not unnecessarily duplicate existing services within
the county. The Project would involve construction of approximately 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:
Colfer 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
RESOLUTION USR15-0049
TRI-STATE GENERATION &TRANSMISSION INC
PAGE 11
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 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 County Road 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 County Road 18, near the
Rattlesnake Ridge Substation on County Roads 43 and 30, and at the proposed Golfer 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.
Section 21-3-340.A.22— If the purpose and need for the proposed project are to meet the needs of an
increasing population within the County, the area and community development plans and population trends
demonstrate clearly a need for such development.
The purpose of the new transmission line and substation is to provide electric service the oil field and
anticipated residential development with electric energy that is reliable and operates efficiently while helping to
ensure an adequate and dependable supply of electrical powerto meet the needs of for future development.
This recommendation for one new 230/115-Kilovolt(kV)substation(Milton),two new 115/69/13.2-Kilovolt(kV)
substations(Colfer and Rattlesnake)approximately 30.5 miles of 230/115-kV transmission line is based, in part,
upon a review of the application materials submitted by the applicant, other relevant information regarding the
request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
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. (Department of Planning Services-Engineer)
RESOLUTION USR15-0049
TRI-STATE GENERATION &TRANSMISSION INC
PAGE 12
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. (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. (Department of
Planning Services)
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 by not limited to
buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling
operations, or storage of equipment and materials. (Department of Planning Services -
Floodplain)
E. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR15-0049.(Department of Planning Services)
2. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
3. The attached Development Standards. (Department of Planning Services)
4. The final location of the permanent 100 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. (Department of Planning
Services)
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
build out.All setbacks shall be measured from the edge of future right-of-way. These
roads are maintained by Weld County(Department of Planning Services—Engineer)
6. County Road 37 is designated on the Weld County Road Classification Plan as paved
local roads,which require 60 feet of right-of-way at full build out.All setbacks shall be
measured from the edge of future right-of-way. This road is maintained by Weld
County. (Department of Planning Services—Engineer)
7. County Roads 34,41 and 44 are designated on the Weld County Road Classification
Plan as a paved collector road, which requires 80 feet of right-of-way at full build out.
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. (Department of Planning
Services—Engineer)
8. County Road 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 build out. 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. (Department of Planning Services —
Engineer)
RESOLUTION USR15-0049
TRI-STATE GENERATION&TRANSMISSION INC
PAGE 13
9. County Road 49 is designated on the Weld County Classification plan as an arterial
road which typically requires 140ft of right-of-way at full build out. 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 Public Works for the
location of the existing and future right of way and easements and delineate these on
the site plan. (Department of Planning Services-Engineer)
10. County Roads 20,28, 30, 33,35,43,45 and 47 Section Line is 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 on the site plan. All setbacks are
measured from the edge of future right-of-way. (Department of Public Works)
11. County Roads 24, 26 and 40 Section Line is 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 on the site plan. All setbacks are measured
from the edge of future right-of-way. (Department of Public Works)
12. Please 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. (Department of Planning Services)
13. Show the Weld County approved accesses on the map and label with the approved
access permit number. (Department of Planning Services—Engineer)
14. Show the floodplain and floodway (if applicable) boundaries on the map. Label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study. (Department of Planning Services- Floodplain)
F. The applicant shall attempt to address the concerns of Kerr McGee Oil and Gas Onshore LP as
stated in their referral dated September 22, 2015. (Department of Planning Services)
2. One month prior to construction activities:
A. The approved access and tracking control shall be constructed prior to on-site construction.
(Department of Planning Services-Engineer)
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. (Department of Planning Services-Engineer)
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. (Department of Planning Services)
4. Upon completion of Conditions of Approval numbers 1, above 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 Department of Planning Services' Staff. The
map shall be prepared in accordance with the requirements of Section 23-2-390 of the Weld County
Code. The Mylar map and additional requirements shall be submitted within one hundred twenty(120)
days from the date of the Board of County Commissioners resolution.The applicant shall be responsible
for paying the recording fee. (Department of Planning Services)
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the map not
be recorded within the required one hundred twenty (120) days from the date the Board of County
Commissioners Resolution was signed a$50.00 recording continuance charge may be added for each
additional 3 month period.
RESOLUTION USR15-0049
TRI-STATE GENERATION &TRANSMISSION INC
PAGE 14
6. The Department of Planning Services respectively 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 mapsco.weld.co.us. (Department of Planning Services)
7. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued
on the property until the Special Review map is ready to be recorded in the office of the Weld County
Clerk and Recorder.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 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. (Department of Planning Services)
Motion seconded by Bruce Johnson.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
Gene Stille
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case
to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on November 3, 2015.
Dated the 3rd of November, 2015.
3' Digitally signed by Kristine Ranslem
45 -Lt_,y ) 1d JLyYI. Date:2015.11.06 09:00:25 -07'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Tri-State Generation and Transmission, Inc.
USR15-0049
1. 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 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 & Transmission Association / Southwest Weld
Expansion Project Phase II (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The historical flow patterns and runoff amounts will be maintained on site. (Department of Planning
Services- Engineer)
4. There shall be no parking or staging of vehicles on County Roads. On-site parking shall be utilized.
(Department of Planning Services- Engineer)
5. Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Section 15-1-180 of the Weld County Code.(Department of Planning Services-Engineer)
6. The substation sites shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Planning Services Engineering)
7. Weld County is not responsible for the maintenance of onsite drainage related features.(Department
of Planning Services-Engineer)
8. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not
be the responsibility of Weld County. (Department of Planning Services-Engineer)
9. The contractor will utilize a location near the Greenhouse, Colfer, Rattlesnake Ridge and South
Kersey sites for its base of operations and construction staging areas. (Department of Planning
Services)
10. A Right-of-Way Permit will be required at each County Road crossing, along with approved signing
details. (Department of Planning Services)
11. Construction office trailers and storage trailers and electrical services to the trailers are subject to
building permits per Section 29-3-10 of the Weld County Code. (Department of Building Inspection)
RESOLUTION USR15-0049
TRI-STATE GENERATION &TRANSMISSION INC
PAGE 16
12. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
13. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act,30-20-100.5,C.R.S.,as amended.(Department of Public Health and Environment)
14. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility
shall operate in accordance with the approved"waste handling plan",at all times. The applicant shall
operate in accordance with Chapter 14 Article I of the Weld County Code. (Department of Public
Health and Environment)
15. Fugitive dust and fugitive particulate emissions shall be controlled along the construction route. The
facility shall operate in accordance with the approved "dust abatement plan", at all times. 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. (Department of Public Health and
Environment)
16. Adequate toilet facilities(portable toilets)and handwashing units shall be provided during construction
of the project. (Department of Public Health and Environment)
17. Environmental Protection Measures for Construction Projects,as identified in the application,shall be
adhered to by Tri-State Generation and Transmission and successors. (Department of Public Health
and Environment)
18. 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. (Department of Public Health and
Environment)
19. 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. (Department of Planning
Services- Floodplain)
20. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
21. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County-wide Road Impact Fee Program. (Department of Planning Services)
22. Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee Programs. (Department of Planning Services)
23. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
RESOLUTION USR15-0049
TRI-STATE GENERATION &TRANSMISSION INC
PAGE 17
24. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
25. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
26. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards as shown or stated shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services. (Department of Planning Services)
27. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning
Services)
28. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT:
Weld County has some of the most abundant mineral resources, including, but not limited to, sand
and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are
vital resources because (a) the state's commercial mineral deposits are essential to the state's
economy;(b)the populous counties of the state face a critical shortage of such deposits;and(c)such
deposits should be extracted according to a rational plan,calculated to avoid waste of such deposits
and cause the least practicable disruption of the ecology and quality of life of the citizens of the
populous counties of the state.
29. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views,spaciousness,wildlife,lack of city noise and congestion,and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts,including noise from tractors and equipment;slow-moving farm
vehicles on rural roads;dust from animal pens,field work,harvest and gravel roads;odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
RESOLUTION USR15-0049
TRI-STATE GENERATION &TRANSMISSION INC
PAGE 18
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000)square miles in size(twice
the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County,and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas, in many cases,will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment,ponds and irrigation ditches,electrical power for pumps and center
pivot operations, high speed traffic,sandburs,puncture vines,territorial farm dogs and livestock,and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
VS\A±A
I I / 3 / 62_01T
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 3 , 2015
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building , Hearing Room , 1150 O Street, Greeley , Colorado . This meeting was called to order by Chair,
Jordan Jemiola , at 12 : 30 pm .
Roll Call .
Present: Benjamin Hansford , Bruce Johnson , Bruce Sparrow, Jordan Jemiola , Joyce Smock, Michael
Wailes , Nick Berryman , Terry Cross .
Absent: Gene Stille .
Also Present: Kim Ogle , Chris Gathman , Diana Aungst, and Tom Parko , Department of Planning
Services ; Wayne Howard , and Jennifer Petrik , Department of Planning Services — Engineering Division ;
Lauren Light, Department of Health ; Bruce Barker and Bob Choate , County Attorney, and Kris Ranslem ,
Secretary.
Motion : Approve the October 20 , 2015 Weld County Planning Commission minutes , Moved by Benjamin
PP J
Hansford , Seconded by Joyce Smock . Motion passed unanimously.
CASE NUMBER: USR15-0049
APPLICANT: TRI-STATE GENERATION & TRANSMISSION INC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY
(APPROXIMATELY 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.
LEGAL DESCRIPTION : 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
SECTION 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 .
LOCATION : APPROXIMATELY 0 .5 MILES SOUTH OF CR 52; WEST OF AND ADJACENT
TO CR 51 ; APPROXIMATELY 0 . 5 MILES NORTH OF CR 14 AND EAST OF
AND ADJACENT TO CR 31 .
Kim Ogle , Planning Services , presented Case USR15-0049 , reading the recommendation and comments
into the record . The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards .
Jennifer Petrik, Engineering , reported on the existing traffic, existing and future right-of-way, access and
drainage conditions and the requirements on site .
EXHIBIT
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S� G a 00ei UI
Lauren Light, Environmental Health, reviewed thepublic water and sanitary sewer requirements. Ms.
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Light noted that Development Standards 14 and 15 do not have the correct wording and requested that it
match the referral comments that were submitted.
Selina Koler, 1100 West 116th Avenue, Westminster, Colorado, stated that this is Phase 2 of the
Southwest Weld Expansion Project. Phase 2 will include four transmission lines and three substations.
She added that there is 30.5 miles of proposed transmission lines. Ms. Koler provided an outline of the
alternate routes and the preferred route that was determined by avoiding constraints and restrictions from
the residences, oil and gas wells and the location of existing airports.
Commissioner Jemiola asked if the applicant had any conversations with David Dechant who submitted a
letter. Ms. Koler said that they have tried to contact Mr. Dechant but unfortunately has not reached him.
Mr. Jemiola stated that they feel strongly about agriculture and there are instances that they would make
other recommendations. Ms. Koler referred to Mr. Dechant's letter and said that he questioned the
purpose and need of the project and the duplicity of the Xcel lines and Tri-State lines. She said that the
Public Utilities Commissioner (PUC) reviewed this project and determined that this project is needed.
She said that this route was particularly chosen compared to the alternatives in this area because it
impacted fewer residences. She added that they don't necessarily feel that a transmission line through
this property would impact farming as the proposed structures might be a little more conducive to farming
as they are higher and there is only one structure in the ground as compared to the existing H-Frame
structures.
Ms. Koler said that Mr. Dechant also requested to combine both facilities; however it was determined that
it was not feasible because the Tri-State line is double circuit and by adding the Xcel line it would be a
triple circuit line and the height of that line would be over 200 feet and would be precluded by the FAA
with its proximity to the airports.
Commissioner Jemiola asked about burying the transmission line in that particular area. Ms. Koler said
that burying a line is very expensive and is a last option. She added that many of the farmers would
agree that it would not be less impactful because vaults are required every 2000 feet and added that it is
hard to pinpoint where an issue is when it is underground.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Maria Petrocco, 10955 Westmoor Drive, Westminster, Colorado, stated that she represents David
Dechant. She stated that he is strongly opposed to this request because it makes farming difficult as he
needs to maneuver around these poles. She added that he stores his haystacks under the existing Xcel
power lines and the new lines would eliminate his storage area. Additionally, she stated that Mr. Dechant
would like to put in a pivot system and this might inhibit his ability to do so. Ms. Petrocco stated that this
proposed line will go through five of Mr. Dechant's farms and he is requesting that no lines cross this
Section 19 only.
Commissioner Johnson said that he does not know how this line would hinder the pivot systems since it
would be located in the center of the section and noted the two (2) existing center pivots in the southern
portion of Section 19. Ms. Petrocco said that Mr. Dechant stated he wanted additional pivot systems and
clarified that he didn't state that they would be center pivots.
Commissioner Jemiola asked if Mr. Dechant would be in favor of burying in this line. Ms. Petrocco said she
thought this would be a much better solution than trying to maneuver his machines around the poles, but
deferred to Mr. Dechant.
Ms. Kohler said that the lines should not impact the pivot irrigation should Mr. Dechant choose to install
one. She added that by routing the line north of the section it would be more difficult because of the
existing oil and gas encumbrances and residences. She said that there would be five (5) structures within
this Section 19. Ms. Koler stated that she understands Mr. Dechant's concerns and added that there may
be a possibility to match Xcel's structures on this property so that the poles would not offset and try to
minimize impacts to Mr. Dechant.
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Commissioner Sparrow asked to describe the problem with burying the lines. Ms. Koler said that there
are underground vaults every 2000 feet and provided visual slides of the amount of disturbance it creates
on the property as compared to above ground structures. She added that cable risers may be an issue
with the FAA and the proximity to airports. She said that they would definitely try to work with Mr.
Dechant on installing the structures so it would not impact the pivot.
Commissioner Jemiola stated he is concerned with one entity encumbering another and has never seen
two lines paralleling each other. Ms. Koler said it is pretty common and added that most transmission
lines do try to parallel an existing line so it is one corridor rather than half-mile apart from each other.
Mr. Ogle requested three corrections to the staff report. He requested that a new Condition of Approval
1.F be added to read "The applicant shall attempt to address the concerns of Kerr McGee Oil and Gas
Onshore LP as stated in their referral dated September 22, 2015."
Mr. Ogle requested amending Development Standard 14 to read "Waste materials shall be handled,
stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris,
and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14
Article I of the Weld County Code."
Additionally, Mr. Ogle requested that Development Standard 15 be amended to read "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."
Motion: Add Condition of Approval 1.F and amend Development Standards 14 and 15 as stated by staff,
Moved by Bruce Johnson, Seconded by Joyce Smock. Motion carried unanimously.
Ms. Koler referred to Condition of Approval 7 and said that with this condition all of the easements need
to be acquired and because of the nature of this project with 30.5 miles of transmission lines and that it is
being bisected with three substations it is very likely that they would start construction on one segment of
the line prior to acquiring easements on the other segments. Therefore they would like to request that it
be changed so they can stagger the construction of these projects. Mr. Ogle said that staff recommends
the language remain as it is.
Commissioner Johnson said that he agrees with the applicant that this would be difficult with this
extensive project. Bob Choate, County Attorney, stated that this is exactly how the County is handling the
County Road 49 corridor expansion project. He added that it is typical to continue construction during the
acquisition of right-of-way. Mr. Johnson concurred with Mr. Choate and agreed that it should be modified
to be addressed in stages.
The Chair called a recess at 4:26 pm for staff to craft language for Condition of Approval 7. The Chair
reconvened the hearing at 4:45 pm.
Bruce Barker, County Attorney, agreed that the applicant can record the map upon approval and have the
route shown without all of the easements being secured. He added that on the segments that the
easements have been acquired and constructed the applicant will then file a supplemental map for
recording.
Mr. Barker recommended amending Condition of Approval 7 to read "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 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."
Motion: Amend Condition of Approval 7 as stated, Moved by Terry Cross, Seconded by Benjamin
Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
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The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR15-0049 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Bruce Sparrow, Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
Commissioner Smock encouraged the applicants to work with the landowners.
Commissioner Berryman echoed Ms. Smock's comments.
Commissioner Johnson stated that he concurs with Ms. Smock and Mr. Berryman and encouraged them
to work with the landowners in Section 19. He added that he is opposed to putting that kind of voltage
into the ground.
Commissioner Jemiola stated that it is very important to work with landowners, especially those already
impacted by a power line easement.
Meeting adjourned at 6:23 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
4 3\t11-1x Date:2015.11.06 08:49:29-07'00'
Kristine Ranslem
Secretary
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