HomeMy WebLinkAbout20150386.tiff HEARING CERTIFICATION
DOCKET NO. 2015-12
RE: 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 - TRI-STATE GENERATION AND
TRANSMISSION, INC.
A public hearing was conducted on February 4, 2015, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Brad Yatabe
Planning Services Department representative, Kim Ogle
Planning Services Engineer representative, Jennifer Petrik
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated December 31, 2014, and duly published
January 5, 2015, in the Greeley Tribune, a public hearing was conducted to consider the
request of Tri-State Generation and Transmission, Inc., for 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
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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. Brad Yatabe, Assistant County Attorney, made this a matter of record.
le Commissioner Cozad disclosed her previous employer as Tetratech and further disclosed
for the record that the transmisison routing study compiled by Tetratech consisted of a different
operating unit than the unit she was previously employed with. Commissioner Cozad stated she
had no prior knowledge of this study and, therefore, conveyed her ability to make an unbiased
decision regarding the case.
IR Kim Ogle, Department of Planning Services, presented a brief summary of the proposal
and described the location for the record. It has been determined that additional load requests
cannot be accommodated by United Power resulting in the applicant's request for approval to
build the new transmission line and substation. Mr. Ogle also described the considerations
made and methods of notification to potentially impacted land owners in the area regarding the
need to construct new substations with new transmission lines. The Greenhouse Substation and
transmission lines are located within the City of Fort Lupton and the Henry Lake Substation and
approximately 520 feet of transmission lines are located within the City of Brighton. Tri-State
evaluated all reasonable alternative scenarios for potential routes and decided on the least
populated areas. IR Tri-State and their contractor, HDR, contacted landowners along the
projected transmission line route through project introduction calls and letters, permission letters
regarding meetings and if relative, information regarding the purchase of easement rights along
the route. The Planning Department did receive one electronic letter of concern from Jay
Scholnick, developer of Aristocrat Ranchettes, Third Filing. The proposed transmission line is
11.5 miles long. Mr. Ogle displayed renderings of the transmission poles and reviewed the
existing uses in the surrounding area. Fort Lupton is reviewing the proposal and requests
coordination with Weld County staff as the project moves forward. The City of Brighton, Town
of Lochbuie and Adams County did not respond, and he entered the favorable recommendation
of the Planning Commission into the record as written. Mr. Ogle displayed photographs of the
proposed route and the connected substations.
e Jennifer Petrik, Department of Planning Services Engineer, provided a brief overview of
the transportation plans and requirements and reported that the transmission line crosses
several Weld County right-of-ways. Ms. Petrik described the road status and jurisdiction
maintenance responsibilities adjacent to the proposed route. The application materials indicate
there will be 68 workers during construction and then only occasional visits for maintenance.
This project is not in a Geo-Hazard area, regulatory floodplain, or MS4 area. She reviewed the
requirements and development standards relative to the case.
El Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions stating portable toilets are acceptable during construction, water trucks will be
used for dust abatement, and waste will be removed to a proper waste facility. The only
Condition of Approval prior to construction is an APEN report. Ms. Light stated there are no
outstanding issues with the request and that Development Standards 10-17 are general
requirements regarding health and environment.
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e Selina Koler, represented the applicant and introduced the various individuals present to
assist with all aspects of the application. She reiterated the current request for more power from
surrounding oil and gas companies resulting in this application to build the transmission line and
substation. Ms. Koler explained the process relative to Tri-State, their members, and the current
request to consist of: Tri-State generates or buys the power and provides it to members through
transmission lines that Tri-State owns and operates; then, the members pick it up at the
substations and provide the power to their customers by distribution lines that they own and
operate. In this case, Tri-State is constructing the project for United Power.
e Chair Kirkmeyer disclosed she is a member of United Power; however, she does not
believe this will be a conflict of interest and stated she can make a fair determination.
e Ms. Koler continued discussing the proposed project using a PowerPoint presentation,
marked Exhibit D, and stated it will unfold in two phases the first of which is being presented
today and the second phase will most likely be presented to the Board in March, 2015. Tri-State
received approval in January for the proposed Greenhouse Substation from the City of
Fort Lupton. She explained the directional alignment of the transmission poles and the sites
used to direct the power along with the types of structures. The routing study by Tetratech
assisted with developing resource maps for opportunities, processing input from landowners
and agencies, and coordinating with oil and gas companies to make sure the proximity allowed
for future growth. A map was displayed showing structures in the area that had to be
accommodated for successful routing while Ms. Koler further explained other state and local
permit approval processes evolving towards acquisition of easements and right-of-ways and
transitioning into Phase II.
e Chair Kirkmeyer clarified the Board will not be asking questions regarding the County
Road (CR) 49 corridor because that will be presented as an application for a different USR at a
later date. Commissioner Conway stated the biggest issue with transmission lines is the
acquisition in regard to the corridor and requested an explanation of the Tri-State philosophy
regarding acquisition and the potential impact to citizens.
IE In response to Commissioner Conway, Casey Crane, Landman for Tri-State, explained the
comprehensive plan that begins with a market study and progresses to contacting and
negotiating with owners to include free appraisals and fair market value assessments.
Mr. Crane clarified the preference is to reach a mutual agreement.
• Responding to Commissioner Cozad's concerns regarding the FAA process and the small
private airpark close to the vicinity of the site, Ms. Koler stated they are required to obtain a
Non-Hazard to Navigation from the FAA regarding each structure. Tri-State has hired an
engineer and at this point in Phase I, they do not anticipate any problems. And further
responding to Chair Kirkmeyer, Ms. Koler stated the project is not disrupting any active irrigated
farmland.
IR No public testimony was offered concerning this matter. Chair Kirkmeyer stated her
concerns regarding road repairs during and after construction and also regarding emergency
management plans. Further, Chair Kirkmeyer cited Condition of Approval #1.A as redundant,
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given these stipulations had been met elsewhere in the resolution. Commissioner Cozad
concurred.
Ms. Petrik agreed with the changes and assisted with replacement language. Following
discussion, the Board agreed to the deletion of Condition of Approval #1.A for reasons of
redundancy and #1.G.16 in reference to the Fort Lupton Fire Protection District and Emergency
Services with the agreement to represent this topic further in a new Condition of Approval and
new Development Standards. In reference to easements and right-of-ways, the Board agreed to
add a new Condition of Approval. (Clerks Note: Following the hearing, based on email
correspondence from staff marked Exhibit E, the Clerk added new Conditions of Approval#7.A,
and#1.F.16, and Development Standards #18 and#19.)
El In response to Chair Kirkmeyer, Ms. Koler, Tri-State Generation and Transmission, Inc.,
indicated they have reviewed, and agree to abide by, the Conditions of Approval and
Development Standards, as amended.
Fl Commissioner Conway moved to approve the request 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, based on the recommendations of Planning staff and the Planning Commission,
with the Conditions of Approval and Development Standards as amended.
El The motion was seconded by Commissioner Freeman. Commissioner Cozad expressed
her appreciation for those in attendance in light of the bad weather and communicated the
importance of this project. Commissioner Conway concurred and conveyed this is an important
project to meet the needs of the entities involved. He also stated that Tri-State has a good
reputation with landowners and he appreciates their good neighbor policy and the effort to treat
people fairly as the project moves forward. Chair Kirkmeyer agreed with Commissioner Conway
regarding the fair treatment of residents and also thanked the public for attending. The motion
carried unanimously.
There being no further discussion, the hearing was completed at 11:22 a.m.
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This Certification was approved on the 9th day of February, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL RADO
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