HomeMy WebLinkAbout20150373.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0067, FOR A MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC
AGENCY (A NEW 230/115/69/34.5-KILOVOLT (KV) SUBSTATION LOCATED
ADJACENT TO TRI-STATE'S EXISTING J.M. SHAFER GENERATING STATION
CALL THE GREENHOUSE SUBSTATION; APPROXIMATELY FIVE (5) MILES OF
115-KV TRANSMISSION LINE FROM TRI-STATE'S EXISTING DAVIS SUBSTATION
TO THE NEW GREENHOUSE SUBSTATION; LESS THAN 0.1 MILE OF NEW 230-KV
TIE-LINE BETWEEN THE NEW GREENHOUSE SUBSTATION AND THE EXISTING
J.M. SHAFER SUBSTATION; APPROXIMATELY 6.5 MILES OF SINGLE-CIRCUIT
230-KV TRANSMISSION LINE FROM THE NEW GREENHOUSE SUBSTATION
SOUTH TO TRI-STATE'S EXISTING HENRY LAKE SUBSTATION, SUBJECT TO
THE PROVISIONS OF SECTION 23-3-420 OF THE WELD COUNTY CODE, AND
FACILITY CONSTRUCTION LAYDOWN YARDS AT THE HENRY LAKE, DAVIS AND
GREENHOUSE 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 4th day of
February, 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 W. 116th Avenue,
Westminster, CO 80233-0695, for a Site Specific Development Plan and Use by Special Review
Permit, USR14-0067, for a Major Facility of a Public Utility or Public Agency (a new
230/115/69/34.5-kilovolt (kV) substation located adjacent to Tri-State's existing J.M. Shafer
Generating Station called the Greenhouse Substation; approximately five (5) miles of 115-kV
transmission line from Tri-State's existing Davis Substation to the new Greenhouse Substation;
less than 0.1 mile of new 230-kV tie-line between the new Greenhouse Substation and the
existing J.M. Shafer Substation; approximately 6.5 miles of single-circuit 230-kV transmission
line from the new Greenhouse Substation south to Tri-State's existing Henry Lake Substation,
subject to the provisions of Section 23-3-420 of the Weld County Code, and facility construction
laydown yards at the Henry Lake, Davis and Greenhouse 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 Henry Lake Substation located
in Section 27, Township 1 North, Range 66 West
heading north into Sections 22, 15, 10, 3,
Township 1 North, Range 66 West to the
Greenhouse Substation located in Section 34,
Township 2 North, Range 66 West, continuing
north into Sections 35, 26, 23, and terminating at
the Davis Substation located in Section 14,
Township 2 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
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WHEREAS, at said hearing, the applicant was represented by Selina Koler, 1100 W.
116th Avenue, Westminster, CO 80234, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the 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 21-3-330 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 21-3-340.A of the Weld County Code as follows:
A. Section 21-3-340.A.1 — The health, welfare and safety of the citizens of
the County will be protected and served. The Design Standards
(Section 23-2-240), Operation Standards (Section 23-2-250), Conditions
of Approval, and Development Standards ensure that there are adequate
provisions for the protection of the health, safety, and welfare of the
inhabitants of the neighborhood and County.
B. Section 21-3-340.A.2 - The natural and socio-economic environment of
the County will be protected and enhanced. There are no significant
prevalent natural hazards in the area that will affect, or be affected by, the
project. Historically, the area has been dominated by agricultural uses,
residential development and oil and gas activities. The communities
nearest to the Project area are Brighton and Fort Lupton. Larger nearby
cities include Loveland, Greeley, Longmont and Thornton. 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 activities. Land at the substation site is currently
impacted by demolished greenhouses.
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.
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C. Section 21-3-340.A.3 - All reasonable alternatives to the proposed action,
including use of existing rights-of-way and joint use of rights-of-way
wherever uses are compatible, have been adequately assessed and the
proposed action is compatible with, and represents the best interests of,
the people of the County and represents a fair and reasonable utilization
of resources in the impact area. The transmission line corridor
alternatives were evaluated to address the needs of the Project.
Scenario A: Taking no action would result in no power delivery to the
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 11.5 miles of transmission line and one new substation.
Alternative B would provide the necessary power to supply 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. 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 line and
substation.
Four potential routes from the proposed Greenhouse Substation to Henry
Lake Substation were evaluated. The preliminary routes for the proposed
230-kV Greenhouse—Henry Lake transmission line were identified along
existing transmission lines and pipelines as well as field lines. An existing
utility corridor, which is located directly north of the Henry Lake
Substation and going north toward Fort Lupton, presented an opportunity
for routing, although a communication facility is located within the corridor
and another transmission line running east-west crosses the corridor.
This route along the central utility corridor was adjusted slightly to
accommodate separation to the communication facility and crossing of
the existing transmission line. An additional route was identified to the
west that makes use of less populated areas and field lines to proceed
north to the proposed Greenhouse Substation site. A route to the east
was not evaluated because of the extensive residential development.
Variations of the two routes were combined for a third alternative.
Greenhouse — Henry Lake Preferred Route Alternative: The Preferred
route makes use of the existing utility corridor between the Henry Lake
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Substation and the southern Fort Lupton area. The route has the shortest
length and has the highest percentage of its length adjacent to existing
linear features. This route also has the fewest number of oil and gas wells
within 200 feet of the centerline and the fewest number of center pivots
within 75 feet of the centerline. It has the fewest residences within both
200 feet of the line and 500 feet of centerline and the fewest number of
parcels within the 150-foot right-of-way (ROW). The Preferred route also
has the fewest number of communications facilities within 200 feet of the
centerline.
Greenhouse — Henry Lake Alternative 1:
Alternative 1 starts at the Greenhouse Substation and goes directly south
out of the substation site, paralleling County Road (CR) 31 for a short
distance, and turns east to parallel the northern side of 9th Street/CR 14.
Alternative 1 then turns south mid-field for approximately two miles. The
route angles southeast to avoid a residence and outbuildings before
continuing south for 0.8 mile. The route then turns west and parallels a
property line for 0.3 mile before continuing south approximately 1.5 miles
mid-field. The route turns east to parallel the northern side of CR 4 and
into the Henry Lake Substation from the western property line. Only a
small portion of this route is adjacent to linear facilities, and it crosses
through the center of seven parcels. It would create an additional corridor
approximately 0.5 mile from the existing corridor.
Greenhouse— Henry Lake Alternative 2:
Alternative 2 follows the alignment of Alternative 1 for the majority of the
route before it turns due west to follow a property line and join with the
southern segment of the preferred route and enter into the Henry Lake
Substation from the north. This route was the longest and had the most
residences within 500 feet of the centerline and a residence within 200
feet of the line. It also had the most communication facilities within 200
feet of the centerline and crossed the most parcels.
Greenhouse Substation to Davis Substation - The area between the
Greenhouse Substation site and the Davis Substation is heavily
congested with existing gas pipelines, electric transmission lines,
subdivided residential properties, and oil and gas wells and facilities.
Portions of the preliminary routes for the Greenhouse Substation to Davis
Substation were identified along the existing Public Service Davis to Fort
Lupton transmission line. An additional route segment was identified to
the east that uses a less populated area away from the subdivision on the
eastern side of Fort Lupton. A route even further to the east is limited by
its proximity to the Platte Valley Airpark. A route to the west is limited by
existing electric transmission lines and residences (Aristocrat
Ranchettes). The Preferred route and both of the alternatives occur
partially within the City of Fort Lupton.
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Greenhouse — Davis Preferred Route Alternative: The Preferred route
begins at the proposed Greenhouse Substation site and heads due south
for a short distance before turning east and heading across open field
approximately one mile before turning north for 0.5 mile and then east for
0.5 mile and following the existing transmission lines. The route proceeds
north for approximately 0.8 mile on the eastern side of Grant Street,
adjacent to the existing transmission line, before making a slight jog to the
east and back to the existing transmission alignment to avoid an oil and
gas facility. The Preferred route proceeds an additional 2.3 miles north
along the eastern side of the parcel lines to the Davis Substation. This
route is the shortest length of the Greenhouse—Davis alternatives, and
has the most percentage of its route adjacent to existing linear features. It
also has the fewest parcels within 75 feet of the centerline. There are no
residences within 75 feet of the centerline, but one residence is within 200
feet. Nearly half of this route occurs on parcels owned by one private
landowner and Anadarko Petroleum. Selection of this route was based
largely on the private landowner's preference for the line to be on the
west side of his parcel along the existing transmission line.
Greenhouse— Davis Alternative 1 -Alternative 1 follows the same path as
the preferred route out of the Greenhouse Substation. There was no
alternative to the exiting the Greenhouse Substation due to existing
transmission and pipelines on the north. Alternative 1 deviates from the
preferred route where it turns north further to the east to avoid an area
congested with pipelines and oil and gas facilities. It also diverges from
the preferred route through a parcel owned by Anadarko and proposed
for oil and gas development. This route would be preferable from an
engineering perspective because it would have fewer corners and fewer
constraints, but was not favored by the private majority landowner.
Greenhouse—Davis Alternative 2 - This route follows the preferred route
and Alternative 1 out of the Greenhouse Substation and follows
Alternative 1 to the north, east of the congested corridor. Rather than turn
back to the west like the preferred route, Alternative 1 continues along the
east side all the way to the Davis Substation. This alternative was
evaluated in order to provide an alternative route through a property
owned by Anadarko and proposed for oil and gas development. This
route would also be preferable to Tri-State from an engineering
perspective because it would have fewer corners and fewer constraints;
however, it was not favored by the majority landowner as it crosses
behind his house.
Greenhouse Substation to J.M. Shafer Substation (Greenhouse—J.M.
Shafer) - A routing analysis was not conducted for the 230-kV tie-line
between the new Greenhouse Substation and the existing J.M. Shafer
Substation because it is less than 0.1 mile long and it would be located
entirely on property owned by a Tri-State subsidiary.
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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 early April, 2014, and are on-going. The
new 11.5 miles of transmission line would consist of approximately
79 -124 structures. The structures would be wood and steel pole
construction spaced approximately 400-600 feet apart for the 115-kV
lines and 6,000-1,000 feet apart for the 230-kV line. Structures would
primarily be single pole design, but wood H-frame structures may be used
at transmission line crossings or other areas where engineering design
indicates they are preferable. The transmission lines would have three
conductors per circuit, an overhead optical ground wire for internal Tri-
State communications, and one shield wire. Steel transmission poles
would be set in concrete foundations.
D. Section 21-3-340.A.4 - A satisfactory program to mitigate and minimize
adverse impacts has been presented. Colorado Parks and Wildlife
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. Vegetation has already been permanently removed at the
Greenhouse Substation for the historic greenhouses now demolished.
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 (CPW)
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recommendations. Where timing limitations or setbacks 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.
E. Section 21-3-340.A.5 - The nature and location or expansion of the facility
complies with all applicable provisions of the master plan of 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 City of Brighton,
the Town of Lochbuie and Adams County. The City of Fort Lupton in the
referral dated November 7, 2014, stated, "A portion of this project is within
Fort Lupton's limits and is going through the City's public hearing process.
Fort Lupton would like to ensure the project is coordinated between the
County and the City as the project moves forward and requests that a
meeting be scheduled with the Weld Planning Department."Planning staff
discussed the timing issues with the City concerning the permitting of the
transmission line into and out of the Greenhouse Substation located
within the corporate limits of the City. The City of Fort Lupton approved
the proposal at their December 16, 2014 meeting. The City of Brighton,
the Town of Lochbuie and Adams County did not respond.
F. Section 21-3-340.A.6 - The nature and location or expansion of the facility
does not unduly or unreasonably impact existing community services.
The applicant states careful site planning can be developed with only a
localized loss of agricultural land quality. Ground disturbance for the
transmission line is generally limited to the area immediately around the
base of each pole. The substation would occur on lands previously
removed from agricultural use for historic greenhouses that have since be
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demolished. Agricultural practices could continue on adjacent lands.
Approximately 68 construction workers would be employed during the
course of the approximately 4-5 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.
G. Section 21-3-340.A.7 -The nature and location or expansion of the facility
will not create an expansion of the demand for government services
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 Brighton and Fort Lupton, 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 1 of the Weld County Sheriffs
Office and is within the jurisdiction of the Greater Brighton and Fort
Lupton Fire Protection Districts. Public roads are maintained by the Weld
County Department of Public Works and the respective municipalities.
The nearest hospital to the northern side of the Project area is in the City
of Longmont (Longmont United Hospital) and the nearest hospital to the
southern side of the Project area is in the City of Westminster (St.
Anthony North Medical Pavilion). None of these services is expected to
be affected, unless emergency situations occur.
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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.
H. Section 21-3-340.A.8 - The facility site or expansion area is not in an area
with general meteorological and climatological conditions which would
unreasonably interfere with or obstruct normal operations and
maintenance. The proposed site was selected because it does not affect
the meteorological and climatological conditions.
Section 21-3-340.A.9 - The nature and location of the facility or expansion
will not adversely affect the water rights of any upstream, downstream or
agricultural users, adjacent communities or other water users. The
application states that the project will not impact hydrologic flow of either
surface water or groundwater, nor will it affect groundwater recharge.
Existing drainage patterns will be preserved. Permanent facilities would
not be located in stream channels, and 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.
J. Section 21-3-340.A.10 - Adequate water supplies are available for facility
needs. Bottled water will be used during construction of the transmission
line and substation.
K. Section 21-3-340.A.11 — The nature and location of the facility or
expansion will not unduly interfere with existing easements, rights-of-way,
other utilities, canals, mineral claims or roads. Agreements with holders of
existing easements, rights-of-way, or utility, ditch, mineral or roads will be
obtained as appropriate once the Weld County permitting processes are
complete.
L. Section 21-3-340.A.12 -Adequate electric, gas, telephone, water, sewage
and other utilities exist or shall be developed to service the site. This is an
unmanned facility consisting of a new 230/115/69/34.5-Kilovolt (kV)
substation; approximately 5 miles of 115-kV transmission line from
Tri-State's existing Davis Substation to the new Greenhouse Substation;
less than 0.1 mile of new 230-kV tie-line between the new Greenhouse
Substation and the existing J.M. Shafer Substation; approximately 6.5
miles of single-circuit 230-kV transmission line from the new Greenhouse
Substation south to Tri-State's existing Henry Lake Substation, therefore,
utility services are not required post construction.
M. Section 21-3-340.A.13 - The nature and location for expansion of the
facility will not unduly interfere with any significant wildlife habitat or
adversely affect any endangered wildlife species, unique natural resource
or historic landmark within the impact area. Colorado Parks and Wildlife
returned a referral indicating no conflicts with their interests, and the State
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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. Vegetation has already been permanently removed at the
Greenhouse Substation for the historic greenhouses now demolished.
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.
N. Section 21-3-340.A.14 — The nature and location or expansion of the
facility, including expected growth and development related to the
operation and provision of service, will not significantly deteriorate water
or air quality in the impact area. Construction would last approximately
four to five months. Construction activities associated with the proposed
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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 substations.
O. Section 21-3-340.A.15 — The geological and topographic features of the
site are adequate for all construction, clearing, grading, drainage,
vegetation and other needs of the facility construction or expansion. The
vicinity of the project site is characterized by agricultural purposes, oil and
gas development, and rural residences. The surrounding vegetation is
primarily disturbed grassland. Permanent removal of vegetation would
occur at structure sites. Vegetation has already been permanently
removed at the Greenhouse Substation for the historic greenhouses.
Construction would occur primarily in areas that have been previously
disturbed, and impacts to native vegetation communities are expected to
be minimal.
P. Section 21-3-340.A.16 — The existing water quality of affected state
waters will not be degraded below state and federal standards or
established baseline levels. There would be no direct impacts to water
quality associated with the regular operation or maintenance of the
transmission line. The existing water quality of affected state waters will
not be degraded below state and federal standards or established
baseline levels by the project.
Q. Section 21-3-340.A.17 —The proposed project will not have a significantly
adverse net effect on the capacities or functioning of streams, lakes and
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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 line 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
transmission line. The Project would not impact hydrologic flow of either
surface water or groundwater, nor would it affect groundwater recharge.
Further, subsurface drainage would not be impacted by the proposed
transmission line. There would be no direct impacts to water quality
associated with regular operation or maintenance of the transmission line.
Project construction would not create runoff in excess of previous site
levels and would not change existing topography or adversely affect
drainage. There would be no alteration in the pattern or intensity of
surface drainage as a result of construction or operation of the
transmission line facility. Therefore, a Drainage Report is not required. A
range of measures ensuring the Project does not impact water quality is
will be implemented prior to construction, including a Storm Water Permit
for Construction Activities would be acquired from the Colorado
Department of Public Health and Environment.
R. Section 21-3-340.A.18 — The benefits of the proposed developments
outweigh the losses of any natural resources or reduction of productivity
of agricultural lands as a result of the proposed development. The
majority of the site consists of agricultural purposes, oil and gas
development, and rural residences. The facility will have limited impact
on agricultural lands within the transmission line corridor project site and
minimal impact on future land use. Permanent facilities upon completion
will only cover approximately 20 acres.
S. Section 21-3-340.A.19 — The applicant has obtained or will obtain all
property rights, permits and approvals necessary for the proposed
project, including surface, mineral and water rights and easements for
drainage, disposal, utilities, access, etc. If the applicant has not obtained
all necessary property rights, permits and approvals, the Board may, at its
discretion, grant the permit conditioned upon completion of the acquisition
of such rights prior to issuance of a Zoning or Building Permit by the
County. The application indicates that individual land lease agreements
have been obtained or will be acquired between Tri-State and the
affected property owners. The applicant has obtained or will obtain all
property rights, permits and approvals necessary for the proposed
project, including surface, mineral and water rights and easements for
drainage, disposal, utilities, access, et cetera, following approval by the
Board of County Commissioners.
T. Section 21-3-340.A.20 — The proposed project (nonlinear facilities) will
not present an unreasonable risk of exposure to, or release of, toxic or
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hazardous substances within the impact area. The determination of
effects of the project shall include the following considerations:
1) The means by which outdoor storage facilities for fuel, raw
materials, equipment and related items are adequately enclosed
by a fence or wall.
2) The likelihood of hazardous materials or wastes being moved off
the site by natural causes or forces.
3) Containment of inflammable or explosive liquids, solids or gases.
There would be temporary storage of construction materials at the
proposed Project site. 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 Weld County Department of Public Health
and Environment is requiring that a Waste Handling Plan be submitted as
a Condition of Approval.
U. Section 21-3-340.A.21 — The scope and nature of the proposed project
will not unnecessarily duplicate existing services within the County. The
proposed transmission line and associated new substation will address a
specific demand for electricity from twelve 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.
V. Section 21-3-340.A.22 — If the purpose and need for the proposed project
are to meet the needs of an increasing population within the County, the
area and community development plans and population trends
demonstrate clearly a need for such development. The purpose of the
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new transmission line and substation is to provide the oil field and
anticipated residential development with electric energy that is reliable
and operates efficiently while helping to ensure an adequate and
dependable supply of electrical power to meet the needs of future
development.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Tri-State Generation and Transmission, Inc., for
a Site Specific Development Plan and Use by Special Review Permit, USR14-0067, for a Major
Facility of a Public Utility or Public Agency (a new 230/115/69/34.5-kilovolt (kv) substation
located adjacent to Tri-State's existing J.M. Shafer Generating Station called the Greenhouse
Substation; approximately five (5) miles of 115-kV transmission line from Tri-State's existing
Davis Substation to the new Greenhouse Substation; less than 0.1 mile of new 230-kV tie-line
between the new Greenhouse Substation and the existing J.M. Shafer Substation;
approximately 6.5 miles of single-circuit 230-kV transmission line from the new Greenhouse
Substation south to Tri-State's existing Henry Lake Substation, subject to the provisions of
Section 23-3-420 of the Weld County Code, and facility construction laydown yards at the Henry
Lake, Davis and Greenhouse 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 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.
B. The applicant shall submit an application with the FAA for a
"Determination of No Hazard to Air Navigation"for the Greenhouse—Davis
Substation transmission line due to its proximity to the Platte Valley
Airpark. Evidence of such shall be submitted to the Department of
Planning Services.
C. County Road (CR) 4 has been annexed by the City of Brighton. The City
has authority over all accesses within its jurisdiction. The applicant shall
contact the City to verify the Access Permit or for any additional
requirements that may be needed to obtain or upgrade the permit.
D. CRs 14 and 16 have been annexed by the City of Fort Lupton. The City
has authority over all accesses within its jurisdiction. The applicant shall
contact the City to verify the Access Permit or for any additional
requirement that may be needed to obtain or upgrade the permit.
E. The Colorado Department of Transportation (CDOT) has jurisdiction over
all accesses to the state highways. The applicant shall contact CDOT to
verify the Access Permit for any additional requirement that may be
needed to obtain or upgrade the permit (SH52).
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F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR14-0067.
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 6, 10, 12, 18, and 20 are designated on the Weld
County Road Classification Plan as gravel local roads, which
require 60 feet of right-of-way at full buildout. The applicant shall
verify the existing right-of-way and the documents creating the
right-of-way and this information shall be noted on the map. All
setbacks shall be measured from the edge of future right-of-way.
These roads are maintained by Weld County.
6) CR 8 is designated on the Weld County Road Classification Plan
as a collector road, which requires 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 CR 8 right-of-way.
All setbacks shall be measured from the edge of future
right-of-way. The applicant shall verify the existing right-of-way
and the documents creating the right-of-way and this information
shall be noted on the plat. If the right-of-way cannot be verified, it
shall be dedicated. This road is maintained by Weld County.
7) CR 22 is designated on the Weld County Road Classification Plan
as an arterial road, which requires 140 feet of right-of-way at full
buildout. There is presently 60 feet of right-of-way. An additional
40 feet shall be delineated on the plat as future CR 22
right-of-way. All setbacks shall be measured from the edge of
future right-of-way. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. If the right-of-way cannot
be verified, it shall be dedicated. This road is maintained by Weld
County.
8) There is 30 feet of unmaintained County Section Line
Right-of-Way along CR 33 Section Line, which must be delineated
on the map. The applicant shall verify the existing right-of-way and
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the documents creating the right-of-way and this information shall
be noted on the map.
9) The applicant shall delineate the Davis, Henry Lake and proposed
Greenhouse substation sites to be utilized for the base of
operations and construction staging areas associated with this
application.
10) The applicant shall verify the existing or vacated right-of-way and
the documents creating or vacating the right-of-way and this
information shall be noted on the map (County Road 14.5, County
Road 31.25, County Road 33 and County Road 33.5).
11) The applicant shall show the Weld County approved access(es)
on the map and label with the approved Access Permit Number
(will be provided).
12) Label the approved City of Brighton and City of Fort Lupton
accesses on the map with Access Permit Number, if applicable.
13) The Colorado Department of Transportation (CDOT) has
jurisdiction over all accesses to state highways. The applicant
shall show the approved CDOT accesses on the map and label
with Access Permit Number, if applicable (SH 52).
14) The applicant shall show and label standard tracking control onto
publically maintained roadways on the map.
15) The applicant shall attempt to address the requirements of the
Anadarko Land Corporation, Anadarko E&P OnShore, LLC, and
leasehold interests owned by Kerr-McGee Oil and Gas OnShore,
LP, as stated in their letter dated November 10, 2014, and submit
evidence of an agreement to the Department of Planning
Services. Alternately, the applicant may provide evidence that
they are not subject to these requirements.
16) The applicant shall indicate specifically on the plat any
right-of-way and/or easements and indicate whether they are
dedicated, private, or deeded and label with recorded document,
book and page and/or reception number.
2. One month prior to construction activities:
A. The applicant shall contact the Permitting/Inspection Agent for the Weld
County Public Works, for a Right-of-Way Permit for any work that may be
required in the right-of-way. A Special Transport Permit will be required
for any oversized or overweight vehicles that may access the site and
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may also be obtained through the same office.
B. A vehicle tracking pad will be required at all crossings to keep from
tracking mud or debris on to Weld County roads, and at the substation
location.
C. If more than one (1) acre is to be disturbed for construction of non linear
transmission line items such as structures, parking lots, laydown yards, a
Weld County Grading Permit will be required prior to the start of
construction.
D. The applicant shall submit evidence of an Air Pollution Emission Notice
(APEN) application from the Air Pollution Control Division (APCD) of the
Colorado Department of Public Health and Environment. Alternately, the
applicant may provide evidence from the APCD that they are not subject
to these requirements.
3. Upon completion of Conditions of Approval #1 and #2 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 .
4. 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.
5. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). 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.
6. The Use by Special Review activity shall not occur, nor shall any Building or
Electrical Permits be issued on the property, until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder.
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7. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with
the Office of Emergency Management and the Fire District. The plan shall
be reviewed on an annual basis by the Facility operator, the Fire District
and the Weld County Office of Emergency Management. Submit
evidence of acceptance to the Department of Planning Services.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of February, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL DO
ATTEST:W.40c / / 4thkrney( " 'ir
Weld County Clerk to the Board p
• Mike Freeman, Pro-Tem
De. it Clerk to th Board _ a
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APPROV AS TO FORM: .,;i -lira
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County Attorney
Date of signature: ab8
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TRI-STATE GENERATION AND TRANSMISSION, INC.
USR14-0067
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0067, is
for a Major Facility of a Public Utility or Public Agency (a new 230/115/69/34.5-kilovolt
(kV) substation located adjacent to Tri-State's existing J.M. Shafer Generating Station
called the Greenhouse Substation; approximately five (5) miles of 115-kV transmission
line from Tri-State's existing Davis Substation to the new Greenhouse Substation; less
than 0.1 mile of new 230-kV tie-line between the new Greenhouse Substation and the
existing J.M. Shafer Substation; approximately 6.5 miles of single-circuit 230-kV
transmission line from the new Greenhouse Substation south to Tri-State's existing
Henry Lake Substation, subject to the provisions of Section 23-3-420 of the Weld County
Code, and facility construction laydown yards at the Henry Lake, Davis and Greenhouse
Substations (Southwest Weld Expansion Phase I) (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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. A vehicle tracking pad will be required at all crossings to keep from tracking mud or
debris on to Weld County roads, and at the substation location.
4. The historical flow patterns and runoff amounts will be maintained on-site
5. There shall be no parking or staging of vehicles on county roads. On-site parking shall
be utilized.
6. 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.
7. The contractor will utilize a location near the Davis Substation, Henry Lake and
proposed Greenhouse substation sites for its base of operations and construction
staging areas.
8. A Right-of-Way Permit will be required at each county road crossing, along with
approved signing details.
9. 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.
10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 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.
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11. 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.
12. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The facility shall operate in accordance with the approved Waste Handling
Plan, at all times
13. 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.
14. Adequate toilet facilities (portable toilets) and hand washing units shall be provided
during construction of the project.
15. Environmental Protection Measures for Construction Projects, as identified in Appendix
C of the application, shall be adhered to by Tri-State Generation and Transmission and
successors.
16. 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.
17. The operation shall comply with all applicable rules and regulations of the state and
federal agencies and the Weld County Code.
18. The property owner or operator shall provide written evidence of an Emergency Action
and Safety Plan on or before March 15th of any given year signed by representatives for
the Fire District and the Weld County Office of Emergency Management to the
Department of Planning Services.
19. New and existing buildings, including substations, shall have address numbers for site
identification placed in a position that is plainly legible and visible from the street or road
fronting the property. These numbers shall contrast with their background. Address
numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4
inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm).
20. Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County-wide Road Impact Fee Program.
21. 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.
22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
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24. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
25. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or stated,
shall require the approval of an amendment of the Permit by the Weld County Board of
County Commissioners before such changes from the plans or Development Standards
are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
26. The property owner or operator shall be responsible for complying with all 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.
27. 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 plat and recognized at all times.
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