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HomeMy WebLinkAbout20140533.tiff HEARING CERTIFICATION DOCKET NO. 2014-07 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR13-0054, FOR A MAJOR FACILITY OF A PUBLIC UTILITY (TWO (2) 115KV TRANSMISSION LINES EXTENDING APPROXIMATELY 24.7 MILES AND TWO (2) SUBSTATIONS - KEOTA AT THE WEST TERMINAL AND REDTAIL AT THE EAST TERMINAL) AND ONE (1) 250-FOOT TELECOMMUNICATION TOWER LOCATED AT THE KEOTA SUBSTATION IN THE A (AGRICULTURAL) ZONE DISTRICT - TRI- STATE GENERATION AND TRANSMISSION, INC. A public hearing was conducted on February 26, 2014, at 10:00 a.m., with the following present: Commissioner Douglas Rademacher, Chair Commissioner Barbara Kirkmeyer, Pro-Tem Commissioner Sean P. Conway Commissioner Mike Freeman Commissioner William F. Garcia Also present: Acting Clerk to the Board, Susan Brown Assistant County Attorney, Brad Yatabe Planning Department representative, Kim Ogle Public Works representative, Don Carroll Health Department representative, Lauren Light The following business was transacted: O I hereby certify that pursuant to a notice dated January 16, 2014, and duly published January 21, 2014, 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, USR13-0054, for a Major Facility of a Public Utility (two (2) 115kV Transmission Lines extending approximately 24.7 miles and two (2) substations — Keota at the west terminal and Redtail at the east terminal) and one (1) 250-foot Telecommunication Tower located at the Keota Substation in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of record. Kim Ogle, Department of Planning Services, presented a brief summary of the proposal, entered the favorable recommendation of the Planning Commission into the record as written, and reviewed the location and surrounding land use. He reviewed four possible routes and noted the preferred route will not disturb any parcel currently held under a conservation easement and will not come within .5 miles of a residence. He noted Colorado Parks and Wildlife also requested a route that did not cross the Chalk Bluffs, although one letter was received in support of a line across the bluff, and showed a diagram of the transmission towers, with measurements. Mr. Ogle reviewed the referrals; the Colorado Department of Fish and Wildlife indicated no concerns with this route; however, the Department of Planning Services received a letter from BP Wind Energy, expressing concern over potential loss of revenue from shutting down the Cedar Creek Wind Farm, and the Departments of Public Works and Environmental Health had conditions with their referral responses. Mr. Ogle showed images of the preferred route sites. CO ( R,P� PW , t� (3 aO 2014-0533 i PL2257 HEARING CERTIFICATION - TRI-STATE GENERATION AND TRANSMISSION, INC. (USR13-0054) PAGE 2 O Don Carroll, Department of Public Works, provided a brief overview of the transportation plans and requirements. He said the appropriate permits were pulled for right-of-way for crossing county roads, as well as special transport permits for the larger sections of the towers. He noted additional right-of-way on CR 390, and reviewed access points to two staging areas at the substations and at CRs 104 and 390. He also reviewed traffic during construction and noted that they do cross three main drainages (creeks), and will likely span those crossings. O Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions, with no outstanding issues. IR Selina Koler, Senior Transmission Siting and Environmental Planner, representing Tri- State Generation and Transmission, Inc., explained they are a non-profit wholesale electric company and reviewed the member cooperatives (each of which has a member on the Board). Tri-State has a four-state service area, 1.5 million customers, and 355 miles of transmission lines, and she showed a map of these lines and their intersect. She noted Morgan County REA and High West Energy provide services to Northeastern Colorado. She noted any delays will directly impact customers, and there is no alternative to serve these customers except to build new transmission lines. She showed an example of what the structures will look like, and said they changed to a double circuit to accommodate future growth, there will be 222-226 total structures, 60-100 feet tall, and 13 landowners will be affected by the preferred route (the least amount of the possible routes). 0 Steve Gray, Tri-State representative, confirmed the previous routes to the north affected 27 landowners, who were already impacted by the Cedar Creek line; every land-owner was contacted on all the proposed routes, and at that time Tri- State was informed of multiple conservation easements - of specific concern was raptor nesting habitat on the west of the Chalk Bluffs. As requests to stay off of those bluffs were unanimous, they began negotiations with owners along the south route. There is an adjustment (a jog) in the southeast corner to accommodate one owner which did not want the line crossing his land. He said the other landowners are not opposed, primarily because they have mineral interests and an economic interest in the service the line provides. In addition, the fact no one is is present to speak in opposition reflects their good faith outreach to the community. In response to Chair Rademacher, Mr. Gray said they spoke in person with every owner, and with some ranchers half a dozen times. re Ms. Koler also stated that Colorado Parks and Wildlife did not want a crossing to the west/south, and Tri-State could not share the wind farm's easement so it would cause additional disturbance. 0 Noel Pace, a surrounding property owner, showed on the map where he preferred the line to go and reviewed the reasons why and objected to the visual impact of the lines on his view of the Pawnee Buttes. He also expressed the opinion that a million watts seems excessive. Commissioner Rademacher stated Tri-State is getting higher capacity in order to be ready for the future without having to repeat this process. O Jim Borgel, Holland and Hart, representing BP Wind Energy, Inc., as a partner in the Cedar Creek II Wind Farm, reminded the Board of a previous hearing requesting a USR change 2014-0533 PL2257 HEARING CERTIFICATION - TRI-STATE GENERATION AND TRANSMISSION, INC. (USR13-0054) PAGE 3 for that farm conditioned upon the approval of this permit; they have reviewed that amendment and are comfortable with that. The other issue raised regarded a proper crossing agreement; this will now need to cross the Cedar Creek transmission line, and Cedar Creek provides 23% of the alternative power in the State of Colorado (400 turbines), so any problem with the transmission line would have significant ramifications. He said they are concerned with the need for a shut-down (as long as four days) for construction, which could cost them as much as 500,000 dollars a day, and are asking for a Condition of Approval stating a satisfactory crossing agreement needs to be in place prior to construction. Terry Brey, Noble Energy, Inc., stated Noble's full support of this project; he said they are building an LNG Plant which, at full capacity, will produce 100,000 gallons per day, reducing the diesel consumption of their rigs and taking the emissions equivalent of 100,000 cars off the roads, per day. e Ms. Koler addressed Mr. Pace's suggestions, noting there is no power source in New Raymer. Mr. Brey addressed BP's request for a crossing agreement, stating the transmission line is not owned by the wind farm, and, that, in fact, that line was built under the Tri-State line and required a license agreement from them. He asserted that crossing agreements are a matter of course, outages happen often and would be coordinated. He therefore asked that no Condition of Approval be added, and said that BP needs to negotiate with Public Service Company and Indigen in regard to that. In response to Commissioner Conway, he confirmed this is not an extraordinary request by any means. Ms. Koler clarified they are requesting a two-day outage within a four-day window and would do that in coordination with the wind farm to impact delivery of energy as little as possible. a In response to Chair Rademacher, Ms. Koler said these are self-supporting towers without guidewires, the footprint is 600 square feet around each tower, and each area will be re-seeded with native flora. El After a short recess, in response to Commissioner Kirkmeyer's earlier question, Ms. Koler said they will be in the upper or lower 6 gigahertz band (which will not interfere with public safety communications). G Commissioner Kirkmeyer noted a grammar error/correction in Development Standard #4, and requested the insertion of "and they do not interfere with public safety communications," in Development Standard #20. ki In response to Chair Rademacher, Ms. Koler indicated she and the applicant have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. El 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, USR13-0054, for a Major Facility of a Public Utility (two (2) 115kV Transmission Lines extending approximately 24.7 miles and two (2) substations — Keota at the west terminal and Redtail at the east terminal) and one (1) 250-foot Telecommunication Tower located at the Keota Substation 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 2014-0533 PL2257 HEARING CERTIFICATION - TRI-STATE GENERATION AND TRANSMISSION, INC. (USR13-0054) PAGE 4 amended and entered into the record. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. There being no further discussion, the hearing was completed at 11:13 a.m. Commissioner Conway noted this is an important project and demonstrates Weld County is the center of energy production in Colorado. He commended Tri-State for their presentation to the Planning Commission and their good faith negotiations around routing decisions. Commissioner Rademacher said he was pleased they are looking to the future in terms of capacity. This Certification was approved on the 3rd day of March, 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: wr�J_;v c,„e, (et, awry ,‘,‘s4,‘,‘s4--)�- `C// " /� Douglq Rademacher, Chair Weld County Clerk to the Board 1/ , Barbara Kirkmeye, , Pro-Tem/ BY: A A000 Dep r Clerk to the Board ( ' I y� Sean P. Conway x'36' ��a Mike �Freeman %"I / . ,, Wil iam F. Garcia 2014-0533 PL2257 r a. J J % r')N j n/1 '- 40 t •r� v �} 3 — C I i 3 H . cn , •••J c ILI i-‘. ._ I '-&(\4 1-,. W S '.) 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