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Home My WebLink About20153794.tiff HEARING CERTIFICATION DOCKET NO. 2015-111.A RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR15-0049, FOR A MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY (APPROXIMATELY 30.5 MILES OF TRANSMISSION LINES) AND FACILITY CONSTRUCTION LAYDOWN YARDS NEAR THE GREENHOUSE, COLFER, RATTLESNAKE RIDGE AND SOUTH KERSEY SUBSTATIONS (CONSISTING OF TWO CONSTRUCTION TRAILERS, MULTIPLE STORAGE CONTAINERS AND OTHER ASSOCIATED EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT - TRI-STATE GENERATION AND TRANSMISSION, INC. A public hearing was conducted on December 16, 2015, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair Commissioner Mike Freeman, Pro-Tem - EXCUSED Commissioner Sean P. Conway Commissioner Julie A. Cozad Commissioner Steve Moreno Also present: Clerk to the Board, Esther Gesick County Attorney, Bruce Barker Planning Services Department representative, Kim Ogle Planning Services Engineer representative, Jennifer Petrik Health Department representative, Lauren Light The following business was transacted: Fl I hereby certify that pursuant to a notice dated October 16, 2015, and duly published October 21, 2015, in the Greeley Tribune, a public hearing was conducted to consider the request of Tri-State Generation and Transmission, Inc., for a Site Specific Development Plan and Use by Special Review Permit, USR15-0049, for a Major Facility of a Public Utility or Public Agency (approximately 30.5 miles of transmission lines) and facility construction laydown yards near the Greenhouse, Colfer, Rattlesnake Ridge and South Kersey substations (consisting of two construction trailers, multiple storage containers and other associated equipment) in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record. El Chair Kirkmeyer advised the applicant's representatives that in the event of a 2-2 tie vote, Commissioner Freeman will listen to the record and make a determining vote at the next available meeting. El Kim Ogle, Department of Planning Services, presented a brief summary of the proposal, described as the Southwest Weld Expansion Project - 2nd Phase, and its associated improvements and connections. He indicated notification signs were not posted due to the length and potential alternatives of the proposed transmission line route; however, the notice was published in the Greeley Tribune. He stated this request is in response to new uses, primarily oil and gas activities, in the southwest part of Weld County. He further stated the application 2015-3794 PL2383 HEARING CERTIFICATION - TRI-STATE GENERATION AND TRANSMISSION, INC. (USR15-0049) PAGE 2 proposes two scenarios: Scenario A-Take no action,which is not a feasible option; or Scenario B - construct the necessary infrastructure to produce power for member customers. Mr. Ogle displayed and described four potential routes to connect the various substations, and gave a brief overview of the actions of the applicant to contact and notify the adjacent and surrounding land owners while progressing through the process. = He stated the proposed 30.5 miles of transmission line will consist of 160-207 steel pole structures. He described the surrounding land uses, and noted the project is within the three-mile referral area of the City of Fort Lupton and Towns of Hudson and Kersey, and each municipality responded without concerns. Mr. Ogle noted that 36 referral agencies reviewed the proposal and four (4) offered comments with somewhat specific requests, which have been included in the Conditions of Approval and Development Standards. He entered the favorable recommendation of the Planning Commission into the record as written, and referenced a late referral response from the Engineering Division proposing six (6) new Conditions of Approval for consideration. Lastly, he stated the substation, located near the intersection of County Road (CR) 49 and CR 30, is situated on property owned by Mr. Moser who is currently negotiating a Lease with United Power. As a Condition of Approval for this USR, staff is requiring that the lease be recorded to establish a leasehold on the Subdivision Exemption lot and that the SE plat be recorded. He referenced a Letter of Intent which was submitted, but explained that normally a plat has to be recorded for a property to be included in an application. El Jennifer Petrik, Department of Public Works, provided a brief overview of the transportation plans and requirements, including the tracking pad specifications and traffic counts. She clarified that the anticipated traffic counts do not warrant an Improvements Agreement at this time, nor is a detention pond or water quality treatment feature required. She stated the proposed transmission line will cross multiple roads with varying classifications and widths. She further stated a Final Drainage Report and Certification of Compliance will be required for the Rattlesnake Ridge facility once the CR 49 issues are resolved. CR 16 has been annexed by the City of Fort Lupton and the applicant needs to work with them on that segment. Ms. Petrik discussed the Access Permits for the substations, the possible requirement of a Grading Permit, and the remaining Development Standards (DS) pertaining to Public Works. le Cameron Parrott, Department of Public Works, summarized the intent of the recent referral comments submitted by Don Dunker in regard to the CR 49 widening project. He stated one of the most important factors is coordination regarding the public rights-of-way and triggered road maintenance and improvements to ensure this project does not impact the CR 49 project. He further stated no new access points are required and the applicant must utilize side roads or existing shared accesses. El Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions, stating that because this will be a temporary construction project, portable toilets are allowed and DS #12 through#18 address typical Environmental Health requirements. a Selina Koler, applicant's representative, stated this proposal is in direct response for service requests from member customers. She displayed and reviewed a PowerPoint presentation, 2015-3794 PL2383 HEARING CERTIFICATION - TRI-STATE GENERATION AND TRANSMISSION, INC. (USR15-0049) PAGE 3 marked Exhibit E, giving an overview of the Phase II project, structural design, siting and routing, permitting, construction schedule, etcetera. El In response to Commissioner Cozad, Ms. Koler stated the company does not typically begin to acquire easements until after approval is obtained, and the easements in Phase II are primarily for the substations at this time. le Responding further to Commissioner Cozad, Casey Crain represented the applicant and stated Tri-State likes to work with other utilities and strives to obtain license agreements. He stated they just started working with the CR 49 contractor yesterday and prior to that they have been meeting with staff every other week for the past six months. He noted every property owner along the preferred routes has knowledge of this project via personal visits. He stated they wait until after USR approval to begin easement acquisitions; however, they have purchased two of the substation sites, with the exception of the substation on the Moser property which is currently under negotiations. Ms. Koler stated they would prefer to keep the Moser property/substation in as part of this application, conditional upon execution of a lease to avoid duplication of this process on that particular site. In response to Commissioner Conway, Ms. Koler stated they develop the various route alternatives prior to talking to landowners but they make sure to take their interests into consideration and then send out letters and begin conversations with the landowners. She further stated the CR 49 route was provided to the Department of Public Works last year and they have been meeting together on a regular basis. She clarified that yesterday was the first time they had an opportunity to meet with the new general contractor that has been brought into the project regarding CR 49. —�-' Responding to Commissioner Conway, Mr. Parrott confirmed staff learned of the concrete pillar placement yesterday and they have some concern due to the type of roadway and anticipated speeds. Ms. Koler stated there are only a few"pinch points"to fit between the oil and gas improvements in particular areas. . No public testimony was offered concerning this matter. El Chair Kirkmeyer requested a map regarding access points along the preferred route. Ms. Petrik stated she did confirm with Morgan Gabbert, Department of Public Works, that they did discuss the temporary and permanent Access Permits along the line and for the substations. Mr. Parrott stated he would have to defer to the applicant and Ms. Gabbert for information on the various accesses; however, he did note that the existing access near CRs 49 and 30 is being relocated and it is shared with several uses. Ms. Koler stated there are only two access points along CR 49 for the entire project. Responding to Commissioner Cozad, Ms. Koler stated most of the crossings of CR 49 were necessary to avoid oil and gas structures and pivot irrigation. Dan Herlihey, HDR Engineering, confirmed they have been in contact with all the land owners, including letters, emails, phone calls, and on-site meetings with those who were available; however, they have not had site meetings with every landowner. Responding to Commissioner Moreno, Ms. Koler stated the towers will be constructed 600 feet apart for a total of approximately 54 structures along the CR 49 alignment. 2015-3794 PL2383 HEARING CERTIFICATION - TRI-STATE GENERATION AND TRANSMISSION, INC. (USR15-0049) PAGE 4 ID In response to Chair Kirkmeyer, Don Dunker, Department of Public Works, stated the CR 49 final right-of-way plans will be determined near the end of February. Ms. Petrik stated the CR 49 specifics were not part of the Planning Commission discussion, other than a general awareness that there had been coordination with staff. Ms. Koler stated Tri-State is in the preliminary engineering phase and they will work around the CR 49 project as the plans are finalized. Ms. Petrik stated preliminary staff comments requested coordination as the project progressed; however, the memorandum submitted today is the first formal referral response. Responding further to Commissioner Cozad, Ms. Koler reiterated the applicant will start working on easement acquisitions upon approval of this USR and they are willing to continue coordination and comply with the proposed Conditions of Approval. In response to Commissioner Conway, Mr. Dunker expressed safety concerns with placement of some of the towers. IEJ In response to Commissioner Cozad concerning the unleased Moser property, Mr. Barker stated it is possible to proceed; however, Chair Kirkmeyer reiterated they do not have the authority to be part of the application in the absence of a leasehold. Ms. Koler stated the purpose of the Letter of Intent was to demonstrate that all of the parties are vested in coming to a solution and entering into an agreement. Commissioner Cozad stated she is fine with proceeding since the leasehold must be in place prior to recording the plat as a Condition of Approval; if it is not negotiated, then the USR will not be able to proceed. Chair Kirkmeyer stated she would be more inclined to continue the matter to allow the applicant time to get the leasehold in place, get the Subdivision Exemption (SE) plat recorded and ensure that staff has had adequate time to review the complete application. ID Commissioner Cozad agreed with a continuance to ensure the two projects are well coordinated and that the outstanding issues are resolved. Commissioner Conway also concurred with a continuance. Responding to Commissioner Conway, Mr. Dunker stated he anticipates an adequate analysis of the CR 49 horizontal/vertical alignments to be completed by the end of February, which will include the updated maps from the applicant. El Commissioner Moreno agreed and stated he would prefer to have the unknowns addressed despite the many meetings and coordination efforts that have already taken place. El In response to Commissioner Conway, Ms. Koler stated the primary concern with delaying the application is that pipelines do not go through this process and could locate within the same alignment and cause transmission line placement conflicts. She stated the County's General Contractor was satisfied following their meeting yesterday and proposed not meeting again until July. Mr. Dunker reiterated the CR 49 horizontal/vertical alignments will be determined by the end of February, which will be useful when considering the applicant's proposal. 2015-3794 PL2383 HEARING CERTIFICATION - TRI-STATE GENERATION AND TRANSMISSION, INC. (USR15-0049) PAGE 5 In response to Commissioner Cozad, Mr. Ogle confirmed oil and gas pipelines generally do not require a formal Land Use Permit if they meet the ten (10) inch diameter threshold; however, he is not aware of any pending pipelines in the area. El There was discussion concerning scheduling a continuance. MI Commissioner Cozad moved to continue the request of Tri-State Generation and Transmission, Inc., for a Site Specific Development Plan and Use by Special Review Permit, USR15-0049, for a Major Facility of a Public Utility or Public Agency (approximately 30.5 miles of transmission lines) and facility construction laydown yards near the Greenhouse, Colfer, Rattlesnake Ridge and South Kersey substations (consisting of two construction trailers, multiple storage containers and other associated equipment) in the A (Agricultural) Zone District, to March 2, 2016, at 10:00 a.m. The motion was seconded by Commissioner Conway, and it carried unanimously. Commissioner Conway stated he appreciates the applicant's concerns; however, CR 49 is the largest project undertaken by the County and it behooves everyone to ensure full communications and coordination take place. Chair Kirkmeyer commented every owner/operator of transmission lines or pipelines should be verifying the approach and actions taken by their landmen, which is generally not well received by landowners or other affected entities. There being no further discussion, the hearing was completed at 11:34 a.m. This Certification was approved on the 21st day of December, 2015. BOARD OF COUNTY COMMISSIONERS W LD COUNTY, CO ORADO ATTEST: diadot) G. . p4 ��.(At rbara Kirkmeye , Chair Weld County Cle k to the Board EXCUSED E ike Freeman, Pro-Tem BY. 1.6Z De ty Clerk to the Board I t .a _ " P. Conway X ' (retie/ '4014 'rt ie A. Cozad Steve Moreno 2015-3794 PL2383 CI V.1) 4 N Q c3 ZS t NaX A 0 . .16 ,.. k (--1 --7.... % A a k s cn N � " ' Q- W I NI W Q 1 CI $,I,',13 7 ItIMI r • . r,f u , �! 1 Y� 0 ` � d" 1 li \ i v d © `, A -� v) s k i--- 1 Hello