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HomeMy WebLinkAbout20150379.tiff „861 1 MEMORANDUM -j----- _ �\ TO: Kim Ogle, Planning Services DATE: November 13, 2014 va�l KDevelopment Review FROM: Jennifer Petrik, P.E., Engineer G0'J N T T SUBJECT: USR14-0067, Tri-State Southwest Weld Expansion transmission line The Weld County Planning Department-Engineering has reviewed this proposal. This project falls under the Use by Special Review Standard, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Staff comments made during this phase of the Use by Special Review process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS: General Project Information/Location: Tri-State Generation is planning to construct, 11.5 miles of 115 kV and 230 kV transmission lines between the Henry Lake substation in Brighton near CR4 and CR33 and the Davis substation in Weld County near CR22 and CR35 with a connection to the Greenhouse substation in Fort Lupton near CR31 and CR14.5. The Henry Lake substation is within the City of Brighton and is an existing site. The Davis substation is within Weld County and is an existing site. The application does not indicate these substations will be expanded. The Greenhouse substation is a proposed substation and is within the Town of Fort Lupton jurisdiction. Roads: From the application materials it appears the transmission line crosses the following rights of way. Road Jurisdiction I Surface I Classification ROW I Future ROW CR4 Brighton Paved Local CR6 Weld County Gravel Local 60 CR8 Weld County Paved I Collector 60 80 CR10 Weld County Gravel Local 60 CR12 Weld County Gravel Local 60 SH52 CDOT Paved CR14 Fort Lupton Gravel CR14.5 Weld County unimproved Vacated ROW CR16 Fort Lupton I Gravel CR18 Weld County Gravel Local 60 CR20 Weld County Gravel Local 60 CR22 Weld County Paved Arterial 60 1 140 CR31.25 Weld County or Unimproved Possible platted ROW for Colorado Greenhouse Fort Lupton Addition subdivision CR33 Weld County Unimproved Section line ROW 30 CR33.5 Weld County Unimproved Aristocrat Ranchettes 30 Possibly vacated ROW Traffic: The application indicates there will be 68 workers during construction accessing the project alignment. Vehicles vary from pickup trucks to tractor trailers. After construction the project would generate infrequent trips to the transmission line and substations during operation. The line would be inspected annually and occasionally for maintenance. Access: An access permit was not submitted with the application materials. An Access Permit is required for any temporary and permanent accesses onto Weld County maintained roadways. For new accesses and/or change of use, the fee and photos are required (see access permit application). For access permit questions contact Public Works. Permanent tracking control is required to prevent tracking from the site onto the public roadways. Recycled AC, or gravel may be considered with lighter traffic impact projects. Show this on the map. During construction a vehicle tracking pad will be required at all crossings to keep from tracking mud or debris on to publically maintained roads. General Site Plan Requirements: Geohazard Area: This site is not in a Geologic Hazard Area. Floodplain: The project site is not within a known floodplain. Permits: Contact the Permitting/Inspection agent for Weld County Public Works, at (970) 304-6496, ext. 3764 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 may also be obtained through the same office. Drainage Study: The Greenhouse substation project lies within the Town of Fort Lupton. The application materials indicated the drainage from the Greenhouse substation would be directed towards a proposed detention pond located to the south of the facilities on the substation property. The drainage narrative also indicated the project would not adversely affect drainage. The Henry Lake and Davis substations are existing with no proposed changes. The applicants will be required to maintain historic drainage flows and run-off amounts on the property. This site is not in any delineated State defined Municipal Separate Storm Sewer System (MS4)areas. Grading Permit If more than 1 acre is to be disturbed for construction of non linear transmission line items such as structures, parking lots, laydown yards etc..., a Weld County grading permit will be required prior to the start of construction. A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, Rik Gay, 303-692- 3575. CONDITIONS OF APPROVAL: Prior to recording the plat: A. County Road 4 has been annexed by the City of Brighton. The City has jurisdiction over all accesses within their jurisdiction. Please contact City to verify the access permit or for any additional requirement that may be needed to obtain or upgrade the permit. B. County Road 14 and 16 have been annexed by the Town of Fort Lupton. The Town has jurisdiction over all accesses within their jurisdiction. Please contact Town to verify the access permit or for any additional requirement that may be needed to obtain or upgrade the permit. C. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the state highways. Please contact CDOT to verify the access permit or for any additional requirement that may be needed to obtain or upgrade the permit (SH52). The plat shall be amended to delineate the following: A. 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 build out. 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. B. County Road 8 is 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. 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. This road is maintained by Weld County. C. 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. 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. This road is maintained by Weld County. D. There is 30 feet of unmaintained County section line right-of-way along CR33 Section Line which must be delineated on the map. 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. E. 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 (CR14.5, CR31.25, CR33 and CR33.5). F. The applicant shall indicate specifically on the map the type of right-of-way/easement and indicate whether it is dedicated, private, or deeded. G. Show the Weld County approved access(es) on the plat and label with the approved access permit number(will be provided) H. Label the approved City of Brighton and Town of Fort Lupton accesses on the map with access permit number if applicable. I. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to state highways. Show the approved CDOT accesses on the map and label with access permit number if applicable (SH52). J. Show and label standard tracking control onto publically maintained roadways on the map. Prior to Construction: A. If more than 1 acre is to be disturbed for construction of non linear transmission line items such as structures, parking lots, laydown yards etc..., a Weld County grading permit will be required prior to the start of construction. B. Right of way permit is required for any work within the public right of way. DEVELOPMENT STANDARDS (NOTES ON THE PLAT) 1. 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 Chapter 15, Articles I and II, of the Weld County Code. 2. The historical flow patterns and runoff amounts will be maintained on the site. 3. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized. 86 MEMORANDUM ■11/,' I\ TO: Kim Ogle, Planning Services 1�13f_ J J� FROM: Lauren Light, Environmental Health SUBJECT: USR14-0067 Tri-State Generation DATE: 1/30/2015 Environmental Health Services has reviewed this proposal for a Site Specific Development Plan and Special Review Permit 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 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 & Transmission Association / Southwest Weld Expansion Project Phase I. Permanent water and sewer is not required as this is a temporary construction use. Portable toilets, hand washing units and bottled water can be utilized during construction of the pipeline. Construction related dust will be controlled by applying water brought in from a water truck, if necessary. An Air Pollution Emission Notice (APEN) may be required if the amount of disturbed area exceeds 25 acres. Enclosed containers will be provided for waste and will be taken to a permitted waste disposal facility. We have no objections to the proposal; however, we recommend that the following conditions be part of any approval: We recommend that the following requirement be incorporated into the permit as a condition that must be met one month prior to construction activities: The applicant shall submit evidence of an Air Pollution Emission Notice (APEN) application from the Air Pollution Control Division, Colorado Department of Health and Environment. Alternately, the applicant can provide evidence from the APCD that they are not subject to these requirements. We recommend that the following requirements be incorporated into the permit as development standards: 1. 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. 2. 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. 3. 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. 4. 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. 5. Adequate toilet facilities (portable toilets) and handwashing units shall be provided during construction of the project. 6. Environmental Protection Measures for Construction Projects, as identified in Appendix C of the application, shall be adhered to. 7. 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. 8. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 2 1r w186i�:-T' EL Department of Planning Services 1555 N 17`h Ave Greeley, CO 80631 COUNTY v I ' (970) 353-6100 Weld County Referral Date: October 14, 2014 Applicant: Tri-State Generation & Transmission, Inc. Project: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT 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 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 &TRANSMISSION ASSOCIATION /SOUTHWEST WELD EXPANSION PROJECT PHASE I Case Number: USR14-0067 Parcel Number: Multiple Parcels After reviewing the application and documents submitted the Building Department has the following comments: A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right per Section105.2.3 2012 IBC . 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. All building permit requirements can be found on the Weld County web-site. www.co.weld.co.us/Building Inspection/Commercial Permits Frank Piacentino Department of Building Inspection Submit by Email Weld County Referral v1/4 AP G C J October 14, 2014 The Weld County Department of Planning Services has received the following item for review: Applicant: Tri-State Generation & Transmission. Inc. Case Number: USR14-0067 Please Reply By: November 11, 2014 Planner: Kim Ogle Project: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT 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 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 & TRANSMISSION ASSOCIATION / SOUTHWEST WELD EXPANSION PROJECT PHASE I Location: GENERALLY LOCATED SOUTH OF AND ADJACENT TO CR 22;WEST OF CR 35; EAST OF CR 31 AND NORTH OF AND ADJACENT TO CR 4. Parcel Number: Multiple Parcels Legal: COMMENCING AT THE HENRY LAKE SUBSTATION LOCATED IN SECTION 27, TOWNSHIP 1 NORTH, RANGE 66 WEST HEADING NORTH INTO SECTION 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 SECTION 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 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. O See attached letter. See r_c:. con'nen:s Signature s/Alyssa Knutson Date 11/07/14 Agency City of Fort Lupton ,r t-s o=,' ::tPrf cntL:n'or's vete err) s go o . '.h:ougn the p.ter. : ,. ::'acees rot I L:p'rr r.o.:d rs The roioc.' s . i inatr- : 1 '-e'1 tv 'c_i - c:I t;as t^s o ^ooa f.. a:d enr r ata iha _ t '7 r r ^u'ed 'n eSoi i arming Dope-:no-. Weld County Planning Dept. 1555 N 17th Ave.Greeley.CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax Submit by Email Weld County Referral Ar October 14, 2014 The Weld County Department of Planning Services has received the following item for review: Applicant: Tri-State Generation & Transmission, Inc. Case Number: USR14-0067 Please Reply By: November 11, 2014 Planner: Kim Ogle Project: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT 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 5 MILES OF 115-KV TRANSMISSION LINE FROM TRI-STATES 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 & TRANSMISSION ASSOCIATION / SOUTHWEST WELD EXPANSION PROJECT PHASE I Location: GENERALLY LOCATED SOUTH OF AND ADJACENT TO CR 22;WEST OF CR 35; EAST OF CR 31 AND NORTH OF AND ADJACENT TO CR 4. Parcel Number: Multiple Parcels Legal: COMMENCING AT THE HENRY LAKE SUBSTATION LOCATED IN SECTION 27, TOWNSHIP 1 NORTH, RANGE 66 WEST HEADING NORTH INTO SECTION 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 SECTION 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 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because: El We have reviewed the request and find no conflicts with our interests. O See attached letter. Signature Chris Cross Date 10-14-14 Agency Fort Lupton Fire Protection District Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax FORT LUPTON FIRE PROTECTION DISTRICT PLAN REVIEW REPORT and PERMIT Plans submitted to FLFPD are reviewed for compliance with the fire code as adopted and/or amended. This report is intended to provide the submitter with the status of plan approval, and any comments that may require further information, verification or action for approval of plans. All plans may be subject to field inspection and/or testing for final approval prior to sign off on a Certificate of Occupancy or Certificate of Inspection. The approval of plans constitutes a permit to commence work where required by the fire code, and is subject to the conditions as may be noted in the comment section below. Project: Tri-State Generation & Transmission,Inc. Address: GENERALLY LOCATED SOUTH OF AND ADJACENT TO CR 22; WEST OF CR 35; EAST OF CR 31 AND NORTH OF AND ADJACENT TO CR 4 Plan Description: New transmission lines and substations Submitted by: Kim Ogle Submitter Phone#: 1-970-353-6100 Submitter email: kogle(ruwclduov.com Permit#: USRl4-0067 Submittal Date: 10/14/14 Approval Status: Approved with comments Reviewed by: Chris Cross Date: 10/14/14 Comments: 1. Access during all phases of construction must be maintained. Access roads must be at least 20' wide, all weather construction, and capable of supporting fire department apparatus. 2. Fire may need to inspect substation buildings upon completion. 3. Proper Signage will need to be placed on substations identifying any hazards. Submit by Email Weld County Referral Ar October 14, 2014 The Weld County Department of Planning Services has received the following item for review: Applicant: Tri-State Generation & Transmission, Inc. Case Number: USR14-0067 Please Reply By: November 11, 2014 Planner: Kim Ogle Project: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT 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 5 MILES OF 115-KV TRANSMISSION LINE FROM TRI-STATES 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 & TRANSMISSION ASSOCIATION / SOUTHWEST WELD EXPANSION PROJECT PHASE I Location: GENERALLY LOCATED SOUTH OF AND ADJACENT TO CR 22;WEST OF CR 35; EAST OF CR 31 AND NORTH OF AND ADJACENT TO CR 4. Parcel Number: Multiple Parcels Legal: COMMENCING AT THE HENRY LAKE SUBSTATION LOCATED IN SECTION 27, TOWNSHIP 1 NORTH, RANGE 66 WEST HEADING NORTH INTO SECTION 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 SECTION 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 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because: El We have reviewed the request and find no conflicts with our interests. O See attached letter. Signature Donna George Date 11.11.14 Agency Public Service Company of Colorado Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax 0 Xcel Energy" Right of Way&Permits 1123 West 3'd Avenue Denver,Colorado 80223 PUBLIC SERVICE COMPANY Telephone: 303.571.3306 Facsimile: 303. 571.3660 donna.l.george@xcelenergy.com November 11, 2014 Weld County Planning Services 1555 North 171h Avenue Greeley, Colorado 80631 Attn: Kim Ogle Re: Tri-State Generation and Transmission Southwest Weld Expansion Project Phase 1 Case # USR14-0067 Public Service Company of Colorado (PSCo) has determined there are conflicts with the above captioned project. Please be aware PSCo has an existing an existing high pressure natural gas transmission pipeline and existing electric transmission lines and associated land rights along and crossing this proposed pipeline route. Any activity including grading, proposed landscaping, erosion control or similar activities involving our existing rights-of-way will require Public Service Company approval. Encroachments across Public Service Company's easements must be reviewed for safety standards, operational and maintenance clearances, liability issues, and acknowledged with a Public Service Company License Agreement to be executed with the property owner. PSCo is requesting that, prior to any final approval of the development plan, it is the responsibility of the property owner/developer/contractor to contact the following: - Cheryl Diedrich, Senior Right-of-Way Agent at cheryl.diedrich@xcelenergy.com or (303) 571-3116 for gas transmission - Larry Claxton, Siting and Land Rights Supervisor at (303) 571-7089 for electric transmission PSCo also has various natural gas distribution facilities throughout the pipeline proposed route. The property owner/developer/contractor must contact the Builder's Call Line at 1-800-628-2121 and complete the application process for any new gas service, or modification to existing facilities, as well as engineering review. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details. Additional easements may need to be acquired by separate document for new facilities. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center at 1-800-922-1987 to have all utilities located prior to any construction. Should you have any questions with this referral response, please contact me at 303-571-3306. Donna George Contract Right of Way Referral Processor Public Service Company of Colorado i\073 b93:0 [[".t' (1`I In1011_I.C: 1099 I11 SfRLI_I. 931(1 1!190 • LiUv 0� O0LJ13ADfl 80202 f'.O Flux 113719 • O1:N:91 I:, (;ULQIi4(1;1802L'.3//q adar iil EM' Onshore LLC November 10, 2014 Via e-mail Kim Ogle, Planner Weld County Planning and Building Department 1555 N 17th Avenue Greeley, CO 80631 NOTICE OF OIL AND GAS INTERESTS OWNED BY ANADARICO LAND CORD AND ANADARKO IC&P ONSHORE LLC AND OIL AND GAS LEASEHOLD INTERESTS OWNED BY KERR-McGEE OIL & GAS ONSHORE LP Re: Tri-State Generation & Transmission, Inc. USR14-0067 Township 1 North, Range 66 West Sections 3, 10, 15, 22 & 27 Township 2 North, Range 66 West Sections 14, 23, 26,34 & 35 Weld County, Colorado Mr. Ogle: This notice letter is submitted on behalf of Anadarko Land Corp. and Anadarko E&P Onshore LLC (together the "Anadarko entities") and Kerr-McGee Oil and Gas Onshore LP ("KMG") with respect to an application that has been filed with the Weld County Planning Department by Tri-State Generation & Transmission, Inc. ("Applicant") for a Site Specific Development Plan and Use By Special Review permit that covers property generally located south of and adjacent to CR 22; west of CR 35; cast of CR 31 and north of and adjacent to CR 4 ("Properties"). This letter is notice to the County that the Anadarko entities own the mineral interests that underlie a portion of the Properties and Anadarko has continuing rights to develop mineral interests in accordance with applicable law and regulations. Additionally, KMG owns oil and gas leasehold interests that underlie a portion of the Properties and KMG has rights to develop its oil and gas leasehold interests and continues to assert its rights to make reasonable use of the surface of the Properties to develop its oil and gas leasehold. The oil and gas interests constitute a real property interest that entitles the Anadarko entities or their lessees to develop, operate and maintain oil and gas wells on the Property in accordance with applicable local and Colorado Oil and Gas Conservation Commission ("COGCC") regulations. The Anadarko entities believe that their oil and gas interests have significant value. A 9900191.91:Y of /09,0A91U, 1'I 191.9 FIIbI (IUflP0:2411(li! Kim Ogle — USRl4-0067 November 10, 2014 Page 2 Rule 318A a. of the COGCC rules and regulations currently provides that oil and gas operators are to utilize five drilling windows in the quarter section where the Property is located, one in the center of the quarter section and one in the center of each quarter quarter section, to access the Cretaceous Age formations from the base of the Dakota formation to the surface. Other COGCC rules apply to formations other than the Cretaceous Age formations. Our preferred practice is to meet with the applicant and understand its Right of Way routing, so it does not impact future or current development activities. KMG and the Anadarko Entities are currently working with the Applicant on the Rights of Way routing that will fully accommodate our rights to explore for, develop and produce oil and gas from its leasehold interests. Any future surface development plans should incorporate and designate lands to be set aside for mineral development and expressly provide protection for KMG's current and future wells, pipelines, gathering lines and related oil and gas facilities and equipment. Weld County has a constitutional obligation to ensure that the property rights of mineral interest owners are accommodated in its land use planning process. Approval of any surface development plan that forecloses the rights of mineral owners may be a compensable taking. Colorado case law and statutory law provide that the mineral owner and its lessees own an independent property right to make reasonable use of the surface, to include access to and use of the surface estate to explore for and extract minerals. Approval of any future surface development plan that forecloses the rights of mineral owners and lessees may be a compensable taking. The Anadarko entities request that the County provide for the private property rights of oil and gas interest owners in all application approvals relating to the Properties. Please make this Notice and the comments in it a part of the record in the proceedings. Best regards, Dave Haertel cc: Susan Aldridge, Esq. Don Ballard Sean Urvan Mike Brotzman Ron Olsen A SUBSIDIARY OF ANADARKO PETROLEUM CORPORATION Hello