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I III _ LAND USE APPLICATION
SUMMARY SHEET
lAt
2_ GOUN71'rS
Planner: Kim Ogle
Case Number: USR13-0054 Hearing Date: February 4, 2014
Applicant: Tri-State Generation and Transmission, Inc., do Selina Koler
Address: 1100 West 116'" Avenue, Westminster, Colorado 80233
Request: A Site Specific Development Plan And Special Review Permit for a Major Facility
of a Public Utility -- Two (2) 115kv Transmission Lines extending approximately
24.7 miles and Two (2) Substations — Keota Substation at the west terminal and
Redtail Substation at the east terminal, and one (1) 250 foot Communication
Tower located at the Keota Substation in the A (Agricultural)Zone District
Legal Description: The double circuit 115 kV transmission line commences at the Keota Substation
located in Section 17 and enters Sections 16, 15, 14, 13, T9N, R61W; then
enters Sections 18, 17, 16, 15, 10, 3, 2, 1, T9N, R60W; then enters Sections 6, 5,
4, 3, 2, 1, T9N, R59W; then enters Sections 31, 32, 29, 20, 17, and terminates at
the Redtail Substation in Section 8, T1 ON, R58W of the 6TH P.M., Weld County,
Colorado
Location: Generally located North of and adjacent to County Road 104; east of and
adjacent to County Road 87; south of and adjacent to County Road 120; west of
and adjacent to County Road 123
Parcel Numbers: Multiple
Size of Parcel: Approximately 100.5 acres within transmission line easement
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Chapter 21 of the Weld County Code
The Department of Planning Services' staff has received responses with comments from the following
agencies:
$ Weld County Department of Public Works, referral dated December 11, 2013
$ Weld County Department of Public Health and Environment, referral dated December 20, 2013
The Department of Planning Services' staff has received responses without comments from the following
agencies:
• Weld County Department of Building Inspection, referral dated December 2 and 17, 2013
• West Greeley Soil Conservation District referral dated December 17, 2013
• Weld County Zoning Compliance, referral dated December 20, 2013
• US Fish and Wildlife Service, referral dated December 19, 2013 and January 13, 2014
USR13-0055,page 1
Tri-State Generation and Transmission
Keota Substation to Redtail Substation—Double 115 kV Transmission Line,Two Substations and 250 foot Communications Tower
The Department of Planning Services' staff has not received responses from the following agencies:
$ Weld County Sheriffs Office
$ Colorado Division of Parks and Wildlife
• Pawnee Fire Protection District
• New Raymer Fire Protection District
• Centennial Soil Conservation District
• Enron Oil & Gas (ECG)
• Whiting Petroleum Company
• Noble Energy
• US Department of Agriculture
• Bureau of Land Management
• Frances E. Warren Air Force Base
USR13-0055,page 2
Tri-State Generation and Transmission
Keota Substation to Redtail Substation—Double 115 kV Transmission Line,Two Substations and 250 foot Communications Tower
t SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
O2-0 u _K
Planner: Kim Ogle
Case Number: USR13-0054 Hearing Date: February 4, 2014
Applicant: Tri-State Generation and Transmission, Inc., do Selina Koler
Address: 1100 West 116'" Avenue, Westminster, Colorado 80233
Request: A Site Specific Development Plan And Special Review Permit for a Major Facility
of a Public Utility -- Two (2) 115kv Transmission Lines extending approximately
24.7 miles and Two (2) Substations — Keota Substation at the west terminal and
Redtail Substation at the east terminal, and one (1) 250 foot Communication
Tower located at the Keota Substation in the A (Agricultural)Zone District
Legal Description: The double circuit 115 kV transmission line commences at the Keota Substation
located in Section 17 and enters Sections 16, 15, 14, 13, T9N, R61W; then
enters Sections 18, 17, 16, 15, 10, 3, 2, 1, T9N, R60W; then enters Sections 6, 5,
4, 3, 2, 1, T9N, R59W; then enters Sections 31, 32, 29, 20, 17, and terminates at
the Redtail Substation in Section 8, T1 ON, R58W of the 6TH P.M., Weld County,
Colorado
Location: Generally located North of and adjacent to County Road 104; east of and
adjacent to County Road 87; south of and adjacent to County Road 120; west of
and adjacent to County Road 123
Size of Parcel: Approximately 100.5 acres within transmission line easement
Parcel Numbers: Multiple
Narrative:
Tri-State is proposing to construct a new 345/115-kV substation, called the Keota Substation, to
establish a new delivery point for two of its Member Systems, High West Energy and Morgan County
Rural Electric Association (REA). The Keota Substation will be located south of Grover, Colorado, and
will connect to Missouri Basin Power Producer's (MBPP) existing 345-kV transmission line that brings
power from the Laramie River Station in Wyoming to the Story Substation in Morgan County,
Colorado. The project will also include a new double-circuit 115-kV transmission line that will run from
the new Keota Substation to a new 115/69/34.5-kV substation located approximately 24.7 miles
northeast of the Keota substation, and referred to as the Redtail Substation. The Redtail Substation is
primarily intended to serve a new gas processing plant owned by Whiting Petroleum (Whiting), called
the Redtail Gas Plant. Whiting is currently constructing a gas processing plant located near County
Roads 127 and 116, and received approval from the Weld County Board of County Commissioners
on August 6, 2013 for the Redtail Gas Plant (USR13-0016). The facility is proposed to be in- service
by December, 2013, and will be electrically powered by the proposed Project in early 2015.
Natural gas fired turbine generators will be used in the interim.
Similarly, a distribution substation for Morgan County REA will be constructed either on the proposed
Keota substation property or on an adjacent parcel to the southeast, owned by Noble Energy (Noble).
USR13-0055,page 3
Tri-State Generation and Transmission
Keota Substation to Redtail Substation—Double 115 kV Transmission Line,Two Substations and 250 foot Communications Tower
The Noble facility was approved by the Weld County Commissioners on July 10, 2013 (USR13-0013).
The Noble facility will use natural gas fired turbine generators until the proposed transmission line is
energized in early 2015.
The substation and transmission line construction would begin in 2014 and the facilities are expected
to be in-service by early 2015. The new transmission line will be primarily a self weathering mono-pole
construction using steel poles.
The project will also include construction and operation of a 250-foot communication tower, located at
the Keota substation. The communication tower will provide remote power system control at the
Keota and Redtail substations through high speed digital communications between Tri-State's
operation centers in Westminster and Frederick, Colorado and the regional communication hub
located in Brush, Colorado. The communication tower located at the Keota substation is needed to:
provide voice communications for the safety of the personnel working at the substations; provide
revenue metering; remotely communicate with the Supervisory Control and Data Acquisition (SCADA)
equipment and transmission line relay protection equipment; and comply with the Federal Energy
Regulatory Commission (FERC) mandated security systems for a bulk power substation.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Chapter 21 of the
Weld County Code
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 21-3-340. A of the Weld County Code, as follows:
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 health, safety, and welfare of the inhabitants of the neighborhood and County.
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 dryland agricultural uses.
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 our Members and their
customers. The No Action Alternative does not meet the need of the Project.
Scenario B: This alternative would involve the construction of approximately 24.7 miles of 115-
kV transmission line between a new 345/115-kV Keota substation and the Redtail substation.
Scenario B would provide the necessary power to supply oil and gas facilities in the area, as
requested by Member customers.
USR13-0055,page 4
Tri-State Generation and Transmission
Keota Substation to Redtail Substation—Double 115 kV Transmission Line,Two Substations and 250 foot Communications Tower
The preferred system scenario is Scenario B. Scenario B meets the Project's purpose and
need and provides a cost-effective, secure, and reliable source of power for Tri-State's
Members, High West Energy and Morgan County REA, and their customers.
The process used to identify alternative locations for the 115-kV transmission line began with
delineating the general location for the substation sites, the location of the oil and gas facilities,
interconnection considerations, and existing infrastructure. The locations of these features
heavily influenced the area of consideration for the transmission line and substations.
Four potential routes from the proposed Keota substation to the Redtail substation were
created based on an opportunity and constraints analysis that included, but was not limited to,
the following criteria: Shortest length between the Keota substation and the Redtail
substation; Avoidance of the Pawnee National Grasslands; Avoidance of undisturbed and
environmentally sensitive areas; Existing linear corridors; Property lines; Buffers surrounding
the Cedar Creek wind farm turbines; Buffers surrounding existing oil and gas wells; Buffers
surrounding residences and Buffer zones surrounding military infrastructure.
Alternatives:
Under all action alternatives, the Keota substation would be located adjacent to the existing
345-kV Laramie River to Story transmission line approximately one mile south of County Road
106 on County Road 89.
Alternative 1:
Under Alternative 1, the transmission line would then head north along the existing 230-kV
Cedar Creek-Keenesburg transmission line and follow the route to the north and east until
diverting south to the Redtail substation one mile west of County Road 127.
Alternative 1 consolidates the disturbance with the existing transmission line. Less than one
mile of transmission line would be constructed outside an existing corridor, and no new
landowners (that weren't impacted by the Cedar Creek lines) would be impacted. The line
would be placed within 500 feet of two residences, and would cross four parcels (4 miles)
currently encumbered by conservation easements held by the Colorado Cattleman's
Agricultural Land Trust (CCALT). Alternative 1 is the longest alternative at 26.7 miles.
Alternative 2:
Under Alternative 2, the transmission line would follow the existing Cedar Creek-Keenesburg
line north and east out of the new Keota substation, but would divert from the existing line
approximately 2.4 miles south of where the existing line turns due east. The line would then
follow parcel boundaries for 2.15 miles where it would turn to the northeast to cross the Chalk
Bluffs. It would then run north for approximately 0.6 mile before turning due east to County
Road 382. The line would then follow County Roads 382 and 118 to the Redtail substation.
Alternative 2 is the shortest with 22.5 miles of transmission line and avoids three parcels (2
miles) of land held in conservation easements, compared to Alternative 1. However, it
creates14.5 miles of disturbance outside the existing corridor (and crosses 18 new parcels),
and comes within 500 feet of three residences. Additionally, it creates a new disturbance
corridor across the Chalk Bluffs, approximately 2.3 miles south of the existing crossing.
Alternative 3:
Alternative 3 follows the existing Cedar Creek-Keenesburg transmission line, except where it
cuts through the wind farm at the Cedar Creek substation and then re-connects with the
existing line near County Road 382. The transmission line would follow parcel boundaries
USR13-0055,page 5
Tri-State Generation and Transmission
Keota Substation to Redtail Substation—Double 115 kV Transmission Line,Two Substations and 250 foot Communications Tower
along the diversion as much as possible, but would be located approximately 600-800 feet
north of the parcel boundaries for approximately 2.8 miles to avoid wind turbines.
Alternative 3 would include 25.3 miles of transmission line and would impact nine parcels in
conservation easements (5.9 miles). This alternative would create 5.2 miles of new disturbance
outside the existing corridor, but would not come within 500 feet of residences.
Alternative 4:
Alternative 4 occurs entirely outside of the existing Cedar Creek-Keenseburg transmission line
corridor. It follows the parcel boundaries east out of the Keota substation for approximately one
mile where it turns due north for one mile then back east for seven miles to the approximate
alignment of the extension of County Road 105. It then turns north for 1.25 miles, then east for
approximately seven miles to the east side of County Road 119. It then turns north for one mile
to the north side of WCR 110. It then turns east and north along property boundaries for
approximately 4 miles, then runs north for another 3 miles and terminates at the Redtail
substation site.
Alternative 4 would include 24.7 miles of transmission line. It would cross 30 parcels, none of
which have previously been impacted by a transmission line, but many of which are currently
under oil and gas development. There would be no disturbance to any parcels currently held in
conservation easements by the CCALT under Alternative 4. Additionally, the line would not come
within 0.5 mile of any residences. Alternative 4 would not cross the Chalk Bluffs and would be
located approximately two miles to the south of the bluffs at its nearest location.
Alternative 4 was selected as the preferred alternative after the following land use and natural
resource features were taken into account: Avoidance of the Chalk Bluffs; Landowner input; Line
distance; Conservation easements and Existing disturbance (oil and gas).
Public Outreach
Tri-State mailed a letter to all landowners along the four proposed routes explaining the Project
and the purpose that it would serve. The letter identified the purpose and location of the proposed
project, and requested permission to assess their properties. Recipients were provided with
contact information and were invited to call Tri-State with comments or questions about the
Project. Tri-State followed up with direct contact by phone or in person with the owner of each
potentially affected property. Several owners of parcels that would be crossed by Alternative 1
requested that Tri-State select another route that was not across their land and/or not across
Chalk Bluffs. In addition, several of the parcels crossed by Alternatives 1, 2 and 3 are encumbered
by conservation easements held by CCALT. CCALT strongly opposed any route across its
conservation easements. Tri-State also consulted with Colorado Parks and Wildlife (CPW) for the
Project, who also preferred a route that did not cross the Chalk Bluffs. Tri-State did not receive
any formal comment letters, or other negative feedback from landowners along the Preferred
Alternative.
As the preferred route was identified, Tri-State staff reached out individually to the landowners
whose property would be impacted by that route. Tri-State continues to work with those
landowners to minimize and mitigate impacts to their properties. A second letter was mailed to all
landowners previously contacted, informing them of the selection of a preferred route and the two
alternatives, and again requested input.
The new 24.7-mile transmission line would consist of approximately 222-296 structures, with the
number of structures typical per mile listed as 9-12 poles. The structures would be a self weathering
steel structure spaced approximately 400-600 feet apart. The poles would be between 60 and 100
feet in height from natural grade, with clearances over all roads and land forms listed at a minimum of
28 feet. The transmission line would have up to six conductors and an overhead optical ground wire.
USR13-0055,page 6
Tri-State Generation and Transmission
Keota Substation to Redtail Substation—Double 115 kV Transmission Line,Two Substations and 250 foot Communications Tower
Transmission poles would be directly embedded in soil, except at changes in direction of the line. At
these locations, the poles would be installed on reinforced concrete foundations, approximately 5-7
feet in diameter and 20-30 feet deep.
There are no socio-economic constraints associated with the project.
Section 21-3-340.A.4--A satisfactory program to mitigate and minimize adverse impacts has been
presented.
The Colorado Division of Parks and Wildlife and the State Historical Society did not return a referral
response, and the US Fish and Wildlife Service returned a referral dated January 13, 2014 incating
no concerns with the proposed development. The vicinity of the Project site is characterized by
agricultural production, electric transmission, oil and gas production and storage, wind farms, as
well as residential uses. Land to the north, south, east, and west of the Project area is part of
unincorporated Weld County and is zoned agricultural. The parcels that would be crossed by the
line include agricultural property and oil and gas development. There are no residences that occur
on parcels adjacent to the transmission line and none within 0.5 mile of the line. No residences
occur on parcels adjacent to the substation, but one residence is within one mile of the Keota
substation. There are multiple oil and gas wells and an existing transmission line on the properties
as well. Further, the transmission corridor and substation sites are not situated within the
boundaries of a 100-year or 500-year floodplain. Tri-State submitted an application with FAA and
received a "Determination of No Hazard to Air Navigation" for the transmission line and
communication tower.
The surrounding vegetation communities can be characterized as disturbed grassland. Permanent
removal of vegetation would occur at structure sites. Construction would occur primarily in an area
that has been previously disturbed, and impacts to native vegetation communities are expected to be
minimal. Most access would be overland in nature or along existing roads, and minimal vegetation
would be disturbed from roads.
The preferred alternative transmission line route would cross three named-drainages, Wild Horse
Creek, Igo Creek, and North Pawnee Creek. The drainages would likely be spanned by the
transmission line so no impacts would occur. Neither wetlands nor wetland vegetation was observed
in association with the drainages. Additionally, no drainages or wetlands occur at either of the
substation sites. If it is later determined that the drainages cannot be spanned and temporary impacts
to wetlands would occur, Tri-State would notify the Army Corps of Engineers and construction would
be authorized under a Nationwide Permit.
Impacts to vegetation are expected to be minimal and impacts to wetlands and water resources are
not expected to result from the Project.
The native grassland and agriculture areas surrounding the transmission line are likely to support a
variety of common wildlife such as pronghorn, coyote, fox, skunk, rabbits, and various birds. There is
no designated critical wildlife habitat in the vicinity of the project. The area also supports habitat for
various state-listed species, discussed in detail below.
Tri-State is conducting an assessment of the area to identify suitable habitat, particularly for special
status species. Additional surveys will be conducted in the spring, prior to construction, in areas
identified as suitable habitat for state-listed species and for migratory birds. CPAW recommended
species-specific surveys for Plains Sharp-tailed Grouse leks, Mountain Plover, and Western
Burrowing Owls (if prairie dog towns are found). If any nests for migratory birds or any state-listed
species are found, appropriate construction timing limitations will be enforced, as feasible, according
to CPW recommendations. Where timing limitations or setback cannot be applied due to timing
constraints,other alternative mitigation measures would be considered and vetted with CPAW.
USR13-0055,page 7
Tri-State Generation and Transmission
Keota Substation to Redtail Substation—Double 115 kV Transmission Line,Two Substations and 250 foot Communications Tower
Project impacts to wildlife are expected to be minimal and limited to temporary disturbance from
construction activities. The selection of the Preferred Alternative helped to eliminate potential
disturbance to sensitive species found around the Chalk Bluffs.
Efforts would be made so the contour of the land and natural drainage patterns along the right-of-way
are not disturbed. If land contours and drainage patterns are disturbed, efforts would be made to
restore any negative effects. Because Weld County has a semi-arid climate, revegetation can be
difficult. As a result, disturbances to land surrounding the construction area would be minimized. All
practical efforts would be made to re-establish native vegetation in the disturbed area.
Tri-State will continue to coordinate with CPAW to develop appropriate mitigation measures that are
compatible with Project goals and that would minimize impacts to wildlife along the transmission
line and at the substations.
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.
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 transmission line alignment, substation and communication tower location is not within the three
mile referral area for a municipality or County.
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 would be developed with only a localized loss of
agricultural land quality. Ground disturbance generally would be limited to an area of
approximately 625 square feet around each pole (25 feet x 25 feet). The long-term presence of
the existing 230-kV and 345-kV transmission lines and continued agricultural uses in the area
provide an example of the complementary nature of the two uses.
Approximately 30 construction workers would be employed during the course of the approximately
8-month construction period. The maximum number of construction workers at any one time would
be approximately 30.
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 would work with the Weld County
Public Works Department 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 89 and 118 to allow construction
vehicles to enter and exit the construction area. No improvements to Weld County roads would be
req u i red.
Given the relatively short construction schedule, the site will not generate significant demands on
community services such as the school district.
USR13-0055,page 8
Tri-State Generation and Transmission
Keota Substation to Redtail Substation—Double 115 kV Transmission Line,Two Substations and 250 foot Communications Tower
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 negligible impact to the community of Grover, as
there are no gas stations, restaurants, or hotels. The project may have a small beneficial impact to
the local economy of Greeley and other small communities located between the Project area and
metropolitan areas such as Cheyenne and Denver. 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 Sheriff's Department and is within
the jurisdiction of the Pawnee Fire Protection District. Public roads are maintained by the Weld
County Department of Public Works. The nearest hospital is the Northern Colorado Medical
Center, located in Greeley. None of these services is expected to be affected, unless emergency
situations occur.
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.
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 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, 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.
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.
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.
The applicants have negotiated land lease and easement agreements with property owners within the
transmission line corridor. If any remaining agreements are required, these agreements will be
obtained once the Weld County permitting processes are complete.
USR13-0055,page 9
Tri-State Generation and Transmission
Keota Substation to Redtail Substation—Double 115 kV Transmission Line,Two Substations and 250 foot Communications Tower
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 one double circuit 115kV transmission line, two substations
and one communications tower, therefore utility services are not required post construction.
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.
The Colorado Division of Parks and Wildlife and the State Historical Society did not return a referral
response, and the US Fish and Wildlife Service returned a referral dated January 13, 2014 indicating
no concerns with the project. The native grassland and agriculture areas surrounding the transmission
line are likely to support a variety of common wildlife such as pronghorn, coyote, fox, skunk, rabbits,
and various birds. There is no designated critical wildlife habitat in the vicinity of the project. The area
also supports habitat for various state-listed species.
Tri-State is conducting an assessment of the area to identify suitable habitat, particularly for special
status species. Additional surveys will be conducted in the spring, prior to construction, in areas
identified as suitable habitat for state-listed species and for migratory birds. CPAW recommended
species-specific surveys for Plains Sharp-tailed Grouse leks, Mountain Plover, and Western Burrowing
Owls (if prairie dog towns are found). If any nests for migratory birds or any state-listed species are
found, appropriate construction timing limitations will be enforced, as feasible, according to CPAW
recommendations. Where timing limitations or setback cannot be applied due to timing constraints,
other alternative mitigation measures would be considered and vetted with CPAW.
Project impacts to wildlife are expected to be minimal and limited to temporary disturbance from
construction activities. The selection of the Preferred Alternative helped to eliminate potential
disturbance to sensitive species found around the Chalk Bluffs.
Impacts to wetlands and water resources would not occur from the Project. The Project would not
impact hydrologic flow of surface water or groundwater, nor would it affect groundwater recharge.
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.
Tri-State conducted a Class I archaeological database search of the Project area, as well as a Class III
pedestrian survey. Four prehistoric artifact scatters were located along the proposed transmission line
and are eligible for listing on the National Register of Historic Places (NRHP). These sites will be
spanned and avoided by the Project. There are no areas of geologic importance in the vicinity of the
project.
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 seven to eight months. Construction activities associated
with the proposed 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
USR13-0055,page 10
Tri-State Generation and Transmission
Keota Substation to Redtail Substation—Double 115 kV Transmission Line,Two Substations and 250 foot Communications Tower
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 direct impacts to water quality associated with regular operation or
maintenance of the transmission line and substations. The Project would not create runoff in
excess of historic levels and would not 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 and substations.
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 uses, primarily farming and ranching.
The surrounding vegetation communities can be characterized as disturbed grassland. Most access
would be overland in nature or along existing roads, and minimal vegetation would be disturbed from
roads. The geological and topographic features will be adequate for the transmission line corridor as
the transmission corridor is relatively flat with slopes of 0-9% across the project site. Permanent
removal of vegetation and agricultural crops would occur at structure sites. Construction would occur
in an area that has been previously disturbed, and impacts to native vegetation communities are
expected to be minimal.
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.
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 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
USR13-0055,page 11
Tri-State Generation and Transmission
Keota Substation to Redtail Substation—Double 115 kV Transmission Line,Two Substations and 250 foot Communications Tower
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.
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 uses, primarily farming and ranching. 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 168
acres.
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, with approval by the
Board of County Commissioners.
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 hazardous substances within the impact area. The
determination of effects of the project shall include the following considerations:
a. The means by which outdoor storage facilities for fuel, raw materials, equipment and related
items are adequately enclosed by a fence or wall.
b. The likelihood of hazardous materials or wastes being moved off the site by natural causes or
forces.
c. 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 Health
Department is requiring that a waste handling plan be submitted as a condition of approval.
Section 21-3-340.A.21 — The scope and nature of the proposed project will not unnecessarily duplicate
existing services within the County.
USR13-0055,page 12
Tri-State Generation and Transmission
Keota Substation to Redtail Substation—Double 115 kV Transmission Line,Two Substations and 250 foot Communications Tower
The scope and nature of the proposed project will not unnecessarily duplicate existing services within
the county. The proposed transmission line will address a specific demand for electricity for Noble
Energy's Keota Gas Plant (USR13-0013) and Whiting Petroleum's Redtail Gas Plant (USR13-0016)
thereby enabling these two 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 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.
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 double circuit115kV transmission line is to provide Noble Energy's Keota Gas Plant
(USR13-0013) and Whiting Petroleum's Redtail Gas Plant (USR13-0016) with electric service that is
reliable and operates efficiently while helping to ensure an adequate and dependable supply of
electrical power to meet the needs of for future development.
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS FOR THE 250 FOOT
COMMUNICATION TOWER
Narrative:
The purpose for this communications system build-out is to provide a high speed geographically diverse
digital communication link between the Tri-State operations control center computers located at
Westminster, Colorado and Frederick, Colorado with the proposed Keota 345kV and Redtail 115kV
substations.
Requirements are to communicate with the Supervisory Control and Data Acquisition (SCADA) equipment,
transmission line relay protection equipment, with the substation revenue metering equipment, the FERC
mandated security systems for a bulk power substation, and voice communications for the safety of the
maintenance personnel working around the energized equipment.
The proposed Keota Communications facility will be located approximately 1070 feet west of road County
Road 89 on the proposed substation property approximately 740 feet northeast of the Laramie River
Station 345kV (LRS 345) line structure 203 and near to the proposed Keota 345kV substation also under
review here.
Tri-State operates a high-speed fiber and microwave communications network across its four-state service
territory. The back-bone system consists of several SONET self-healing geographical diverse rings to
provide protection against fiber cuts, microwave propagation outages, and equipment failures. Three of
those rings currently traverse the southern portion of Weld County using six of the approximately 400
locations that make up the Tri-State network.
To meet the protection requirements for a high reliability multi-channel communications system, a new
standalone facility complete with a communications tower will be required on the substation property for
the expressed purpose of providing multi-channel communications for Keota and the Redtail substations.
In order to meet regulatory compliance, system reliability and safety, the existing system will be modified
to extend the route diversity communication route to Keota. The installation and commissioning of this
communication system is proposed to be completed in the 3rd Quarter of 2014 to allow for the substation
to be placed in-service.
USR13-0055,page 13
Tri-State Generation and Transmission
Keota Substation to Redtail Substation—Double 115 kV Transmission Line,Two Substations and 250 foot Communications Tower
To meet Tri-State's long term communication needs, the facility will be developed to handle microwave,
fiber, multiple address polling radio (MAS) and mobile radio system needs for this area.
Existing Tower Co-Location Analysis
As per FERC / NERC and Weld County requirement, Tri-State considered eleven of the existing Tri-
State / partner facilities and found only three locations that meet the path requirements. The Tri-State
partner facility, Weldona, owned by Western Area Power Administration (WAPA) and the partner facility,
Point of Rocks, operated by Basin Electric (Weld CUP-37) were selected based on Tri-State's path / site
selection criteria.
To meet the County code requirement to examine other existing structures in Weld County not
associated with Tri-State, another 16 locations were identified and considered for collocation or as
intermediate repeater sites to lower the required Keota tower height using the GIS map supplied by Weld
County and research done using the FAA and FCC Antenna Registration System databases. Only one
site, Noble Energy (Weld USR-13-0013) was found to be possibly close enough to be considered in lieu
of a facility build. Three additional sites were identified and evaluated as possible intermediate repeater
sites.
Eleven additional facilities were looked at for possible collocation as required by Weld County. Noble Energy,
USR 13-0013, was contacted about collocation at their site approximately 1900 feet away on the adjacent
property to see if a new site build at the substation could be avoided. It was determined that their tower as
designed and permitted would not be able to support Tri-State's antenna requirements. This removed any
option of avoiding a communications site build along with a communications tower at the Keota Substation.
The three sites USR-974, USR-1750 and CUP-42 reviewed as intermediate repeater locations for the Point of
Rocks path were eliminated based a decrease in system reliability and would not eliminate the site build at the
Keota Substation. The use of additional radio paths would require addition FCC transmit frequency pairs to be
available in an area that already very congested.
Conclusions:
1. There is not any existing nearby communications facilities that will defer constructing a new
communications facility with a tower to serve the proposed Keota Substation.
2. The 250-foot structure at Keota will allow Tri-State to meet Federal requirements for relay
protection of a critical substation by providing geographical route diversity paths to Point of Rocks
and Weldona.
3. The reduction in system reliability by adding additional collocation sites and equipment does not
outweigh the minimal cost savings of reduction in tower height.
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.1 A.Goal 9. States: "Reduce potential conflicts between varying land uses
in the conversion of traditional agricultural lands to other land uses."
USR13-0055,page 14
Tri-State Generation and Transmission
Keota Substation to Redtail Substation—Double 115 kV Transmission Line,Two Substations and 250 foot Communications Tower
This is a proposed lattice construction 250 foot communication tower with an equipment
shelter. No additional structures/improvements are proposed to occur on site and it is an
unmanned facility. This communication tower and the land are owned by Tri-State
Generation and Transmission and is located at the proposed Keota 115kV Substation site.
Based on the analysis of potential co-location tower sites, the applicant indicates there will be
a net increase in towers with the construction of the proposed 250 foot communication tower.
The applicant has submitted a Decommissioning plan, and states ". . . there are no plans to
decommission the proposed Keota Substation and the associated communication tower. The
communications facility would only be dismantled and removed if the substation facility
located on the property was removed in the future.
Further, Tri-State Generation and Transmission Association is agreeable to making the
proposed tower available for co-location with such entities as government agencies, public
safety operations, utilities and some non-profit organizations that are judged capable of
meeting Tri- State's security requirements. We do not co-locate with "for profit" entities in
the majority of cases but will review all applications for co-location on a non-discriminatory
basis.
Any tower space that is not in use or reserved for future use by Tri-State will be available for
co-location. Acceptable co-locators can occupy the unused portion of the tower as long as
space is available and the use is within the tower's structural limits. Tri-State currently has
sharing agreements with Western Area Power Administration, Basin Electric, Xcel Energy,
the State of Colorado, and others to use tower and building space at our sites.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-40.L allows for Telecommunication Antenna
Tower as a Use by Special Review in the A (Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The proposed tower site is located on an 80 acre parcel zoned Agriculture and utilized for
grazing of livestock. Lands to the north, south and west are utilized for dryland agriculture,
including livestock grazing. Land to the east is the new Noble Energy Keota Gas Plant,
USR13-0013, also located on an 80 acre parcel.
There are no residential structures in the immediate area, but one residence is within one
mile north of the Keota substation. In general the property is located in area where the
topography consists of wide expanses of relatively flat topography covered in native
vegetation.
Staff has not received any correspondence in favor or against this request from adjacent
property owners.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The tower site is not located within the 3-mile referral area of a municipality
or a County. The tower location as proposed will meet all setback and offset distances
from all property lines equal to the height of the tower or greater.
E. Section 23-2-220.A.5 — The application complies with Article V of this Chapter if the
proposal is located within any Overlay District Area identified by maps officially adopted by
USR13-0055,page 15
Tri-State Generation and Transmission
Keota Substation to Redtail Substation—Double 115 kV Transmission Line,Two Substations and 250 foot Communications Tower
the County.
The subject property is not located within the Geological Overlay District or the Flood
Hazard Overlay District.
Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County Wide Road Impact Fee Program.
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.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The proposed site is
designated as "High Potential Dry Cropland — Prime if they Become Irrigated" and "Other
Land"" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map.
The site will be utilized for dryland agriculture on areas not fenced for the Keota substation
and tower location site.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation for the Two (2) 115kv Transmission Lines extending approximately 24.7 miles and
Two (2) Substations — Keota Substation at the west terminal and Redtail Substation at the east terminal,
and one (1) 250 foot Communication Tower located at the Keota Substation is based, in part, upon a review
of the application materials submitted by the applicant, other relevant information regarding the request, and
responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall address the requirements of the Department of Public Works as stated
in their referral dated June 3, 2013. (Department of Planning Services)
B. A copy of the signed and recorded (construction and post-construction) lease agreements
(or other acceptable authorization from property owners) shall be submitted to the
Department of Planning Services. (Department of Planning Services)
C. The applicant shall provide documentation that Lot A of RECX13-0117 has been vacated
out of the USR-1723 associated with the Cedar Creek II Wind Farm and that the partial
vacation plat has been recorded per Board of County Commissioner Resolution.
(Department of Planning Services)
D. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR13-0054. (Department of Planning
Services)
2. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
3. The attached Development Standards. (Department of Planning Services)
USR13-0055,page 16
Tri-State Generation and Transmission
Keota Substation to Redtail Substation—Double 115 kV Transmission Line,Two Substations and 250 foot Communications Tower
4. The final location of the permanent 100 foot transmission line easement with
dimension of permanent right-of-way, property ownership, parcel number, all
easements of record, and all physical encumbrances. (Department of Planning
Services)
5. The applicant shall delineate all approved access roads would be created off
County Road 89 and County Road 118 for the Keota and Redtail substations
respectively. Tri-State has submitted Access Road Permit Applications (AP13-
00358 & AP13-00372) and will comply with all County design standards.
(Department of Public Works)
6. County Roads 89, 97, 103, 107, 119, 110, and 118 are designated on the Weld
County Road Classification Plan as local gravel 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
plat. All setbacks shall be measured from the edge of future right-of-way. If the
right-of-way cannot be verified, it shall be dedicated. These roads are maintained
by Weld County. (Department of Public Works)
7. County Road 390 is designated on the Weld County Road Classification Plan as a
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 County Road 390 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. (Department of Public Works)
8. The "Fall Zone" location for the 250 foot in height Communication Tower.
(Department of Planning Services)
3. One month prior to construction activities:
A. Contact the Permitting/Inspection agent for 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 may also
be obtained through the same office. (Department of Public Works)
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 both substation locations. (Department of Public Works)
C. 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. (Department of Public Health and Environment)
4. The applicant shall submit three (3) paper copies or one (1) electronic (.pdf) copy of the plat for
preliminary approval to the Weld County Department of Planning Services. (Department of Planning
Services)
5. Upon completion of Conditions of Approval numbers 1. and 2., above the applicant shall submit a
Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat
shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning
Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-
390 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within
USR13-0055,page 17
Tri-State Generation and Transmission
Keota Substation to Redtail Substation—Double 115 kV Transmission Line,Two Substations and 250 foot Communications Tower
one hundred twenty (120) days from the date of the Planning Commissioners resolution. The
applicant shall be responsible for paying the recording fee. (Department of Planning Services)
6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required one hundred twenty (120) days from the date the application
was signed a $50.00 recording continuance charge may be added for each additional 3 month
period.
7. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format
type is .e00. 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. (Department of Planning Services)
9. The Use by Special Review activity shall not occur nor shall any building or electrical permits be
issued on the property until the Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder. (Department of Planning Services)
USR13-0055,page 18
Tri-State Generation and Transmission
Keota Substation to Redtail Substation—Double 115 kV Transmission Line,Two Substations and 250 foot Communications Tower
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Tri-State Generation and Transmission, Inc.
USR13-0054
1. A Site Specific Development Plan And Special Review Permit for a Major Facility of a Public Utility -
- Two (2) 115kv Transmission Lines extending approximately 24.7 miles and Two (2) Substations —
Keota Substation at the west terminal and Redtail Substation at the east terminal, and one (1) 250
foot Communication Tower located at the Keota Substation in the A (Agricultural) Zone District,
subject to the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
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 both substation locations. (Department of Public Works)
4 There shall be no parking or staging on Weld County Roads. Utilize your private easements or
rights-of-way. (Department of Public Works)
5. The contractor will utilize the Keota/Redtail substation sites for its base of operations with no new
proposed staging or lay-down yards. A 100 foot private right-of-way (easement)will be used for the
transmission line. (Department of Public Works)
6. A Right-of-Way Permit will be required at each County Road crossing, along with approved signing
details. Work with the Weld County Public Works Utility Coordinator. (Department of Public Works)
7. 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. (Department of Public Works)
8. All parking and vehicle storage shall be provided on site; parking shall not be permitted within any
public right-of-way. (Department of Public Works)
9. Since more than one acre is to be disturbed (Keota/Redtail), a Weld County Grading Permit will be
required prior to the start of construction. (Department of Public Works)
10. Building permit maybe required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International Energy
Code; 2011 National Electrical Code; A building permit application must be completed and two
complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A geotechnical engineering report performed by a
registered State of Colorado engineer shall be required or an open hole inspection. (Department of
Building Inspection)
11. At both substation locations, the historical flow patterns and run-off amounts will be maintained on
site. (Department of Public Works)
USR13-0055,page 19
Tri-State Generation and Transmission
Keota Substation to Redtail Substation—Double 115 kV Transmission Line,Two Substations and 250 foot Communications Tower
12. 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. (Department of Public Health and
Environment)
13. 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. (Department of Public Health and
Environment)
14. 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. (Department of
Public Health and Environment)
15. 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.
(Department of Public Health and Environment)
16. Adequate toilet facilities (portable toilets) and handwashing units shall be provided during
construction of the project. (Department of Public Health and Environment)
17. Environmental Protection Measures for Construction Projects, as identified in Appendix B of the
application, shall be adhered to by Tri-State Generation and Transmission and successors.
(Department of Public Health and Environment)
18. 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. (Department of Public Health and
Environment)
19. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
20. Co-location of another antenna by other service providers shall be allowed. (Department of
Planning Services)
21. Upon termination of the use of the communication antenna tower, the equipment shelter, antenna
structure, and associated equipment shall be removed and the premises restored to its original
condition according to the approved Decommissioning Plan. (Department of Planning Services)
22. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County-wide Road Impact Fee Program. (Department of Planning Services)
23. 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 Program. (Department of Planning Services)
24. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
23. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
25. 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
USR13-0055,page 20
Tri-State Generation and Transmission
Keota Substation to Redtail Substation—Double 115 kV Transmission Line,Two Substations and 250 foot Communications Tower
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
26. 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. (Department of Planning Services)
27. 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. (Department of
Planning Services)
28. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and
congestion, and the rural atmosphere and way of life. Without neighboring farms, those features
which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting
and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice for
agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in
their agricultural operations. A concentration of miscellaneous agricultural materials often produces
a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S.,
provides that an agricultural operation shall not be found to be a public or private nuisance if the
agricultural operation alleged to be a nuisance employs methods or practices that are commonly or
reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they cannot
take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right
to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and County roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency
responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by
volunteers who must leave their jobs and families to respond to emergencies. County gravel roads,
no matter how often they are bladed, will not provide the same kind of surface expected from a
paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be
cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not
USR13-0055,page 21
Tri-State Generation and Transmission
Keota Substation to Redtail Substation—Double 115 kV Transmission Line,Two Substations and 250 foot Communications Tower
be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than
urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and
livestock, and open burning present real threats. Controlling children's activities is important, not
only for their safety, but also for the protection of the farmer's livelihood.
USR13-0055,page 22
Tri-State Generation and Transmission
Keota Substation to Redtail Substation—Double 115 kV Transmission Line,Two Substations and 250 foot Communications Tower
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3549
p ` - i FAX: (970)304-6498
r �
January 06, 2014
GRAY STEVE
TRI-STATE GENERATION AND TRANSMISSION
1100 W 116TH AVE
WESTMINSTER, CO 80233
Subject: USR13-0054 - A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR A MAJOR FACILITY OF A PUBLIC UTILITY (TWO (2) 115KV TRANSMISSION LINE
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 COMMUNICATION
TOWER LOCATED AT THE KEOTA SUBSTATION IN THE A(AGRICULTURAL)ZONE DISTRICT
On parcel(s)of land described as:
THE PIPELINE ROUTE COMMENCES AT THE KEOTA SUBSTATION IN SECTION 17 AND ENTERS
SECTIONS 16, 15, 14, 13, T9N, R61W; THEN INTO SECTIONS 18, 17, 16, 15, 10, 3, 2, 1, T9N, R60W;
THEN ENTERS SECTIONS 6, 5, 4, 3, 2, 1, T9N, R59W; THEN ENTERS SECTIONS 31, 32, 29, 20, 17,
AND TERMINATES AT THE REDTAIL SUBSTATION IN SECTION 8, T10, R58W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 4, 2014, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on February 26, 2014
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcou ntyplan ningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
F2ason:I am the author of thisdocument
Date:2014.01.0614:54:09-0700'
Kim Ogle
Planner
N DEPARTMENT OF PLANNING SERVICES
"••••• Lia ti 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
!. PHONE: (970)353-6100, Ext. 3549
S' ? FAX: (970)304-6498
November 27, 2013
GRAY STEVE
TRI-STATE GENERATION AND TRANSMISSION
1100 W 116TH AVE
WESTMINSTER, CO 80233
Subject: USR13-0054 - A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR A MAJOR FACILITY OF A PUBLIC UTILITY (ONE (1) 115KV TRANSMISSION LINE 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 COMMUNICATION TOWER
LOCATED AT THE KEOTA SUBSTATION IN THE A(AGRICULTURAL)ZONE DISTRICT
On parcel(s)of land described as:
THE PIPELINE ROUTE COMMENCES AT THE KEOTA SUBSTATION IN SECTION 17 AND ENTERS
SECTIONS 16, 15, 14, 13, T9N, R61W; THEN INTO SECTIONS 18, 17, 16, 15, 10, 3, 2, 1, T9N, R60W;
THEN ENTERS SECTIONS 6, 5, 4, 3, 2, 1, T9N, R59W; THEN ENTERS SECTIONS 31, 32, 29, 20, 17,
AND TERMINATES AT THE REDTAIL SUBSTATION IN SECTION 8, T10, R58W OF THE 6TH P.M.,
WELD COUNTY, COLORADO
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
If you have any questions concerning this matter, please call.
Respectfully,
114_
J Digitally signed by Kristine Iansiem
Mason:I am the author of this document
Date:2013.11.2708:19:45-0700'
Kim Ogle
Planner
MEMORANDUM
To: Board of County Commissioners
From: Kim Ogle, Planning Services
Subject: Partial Vacation of USR-1723
c Cedar Creek II Wind Farm
BP Wind Energy North America, Inc.
Date: January 27, 2014
The Department of Planning Services has received the attached letter dated December 19,
2013 from H. Steven Gray, Manager, Land Rights Acquisition for Tri-State Generation and
Transmission, Inc., requesting the partial vacation of a twenty (20) acre parcel of land created via
Recorded Exemption No. RECX13-0117 and located in the West one-half of Section 8, Township
10 North, Range 58 West of the 61h P.M., Weld County, Colorado. This land is currently
encumbered by the Special Use Permit No. 1723 for BP Energy, Inc. who has a 230 kV
transmission line crossing the northern 100 feet of this Section.
This request comes as a condition of approval for the pending USR13-0054, a Site Specific
Development Plan and Special Review Permit for a Major Facility of a Public Utility -- Two (2)
115kv Transmission Lines extending approximately 24.7 miles and Two (2) Substations — Keota
Substation at the west terminal and Redtail Substation at the east terminal, and one (1) 250 foot
Communication Tower located at the Keota Substation in the A (Agricultural) Zone District.
The applicant has submitted evidence of correspondence between Tri-State and Mr. Eric
Stidman representative for BP Energy concerning this request, dating back to late November 2013.
Mr. Stidman has had conversations with the Planning office concerning this issue on November 8,
December 3, and December 20, 2013 and January 3, 2014 and has also corresponded by
electronic mail on November 14 and December 5, 2013.
In conversation with Mr. Stidman, acting on behalf of BP Energy, Inc. Mr. Stidman verbally has
indicated a willingness to be an active participant in this partial vacation process. Further, Counsel
for BP Energy and outside Counsel on retainer has and continues to have discussion with Tri-State
regarding this request.
Mr. and Mrs. Eugene Nelson, Nelson Ranches Inc. have indicated in writing that the request by
Tri-State is supported by Nelson Ranches as current property owner.
Background information
January 22, 2009 Grant of Easement and Easement Agreement for Transmission Facilities,
signed by Nelson Ranches, Inc. and BP Wind Energy North America, Inc. for
an easement described as the North100 feet of the West one-half of Section
8, Township 10 North, Range 58 West of the 6" P.M., Weld County,
Colorado. The document was recorded via Reception No. 3600880
May 19, 2010 Board of County Commissioners approved USR-1723 for a Site Specific
Development Plan and Use by Special Review Permit for a Major Facility
of a Public Utility (A wind energy facility with a generating capacity up to
250.5 megawatts (MW) along with a 230-kilovolt (kV) electric transmission
line, an interconnection facility to tie into an existing 72-mile transmission
line, existing collector transmission lines, up to three permanent 80-meter
meteorological towers, one (1) substation, an operations and
maintenance building/facility, and one (1) temporary batch plant and
construction facility) in the A (Agricultural) Zone District.
November 24, 2010 The USR-1723 Plats recorded via Reception No. 3734501
The Department of Planning Services is recommending approval of this partial vacation of
the Nelson Ranches, Inc. for a parcel of land located in the West one-half of Section 8,
Township 10 North, Range 58 West of the 6th P.M., Weld County, Colorado more specifically
described as Lot A of RECX13-0117 located in the SW4SW4SWS4 of Section 8, being a 20
acre parcel of land, pending Plat recordation of RECX13-0117. This recommendation is
presented for approval as the proposed parcel does not impact the transmission line
easement located south of and adjacent to County Road 120 on a Transmission Line
Easement of 100 feet in width.
Enclosures:
Tri-State Generation and Transmission letter dated December 19, 2013
Cedar Creek Wind Farm and Transmission Line Plot Plan dated November 24, 2010
Cedar Creek Wind Farm and Transmission Line Plot Plan dated November 24, 2010 delineating 20 acre partial
vacation of lands per this request for consideration
Cedar Creek Wind Farm and Transmission Line Plot Plan dated November 24, 2010 delineating 20 acre partial
vacation of lands and 100 foot easement for Transmission Line and Transmission Facilities, per this
request for consideration
Letter of Authorization from Ms. Cathy Nelson, Secretary/Owner on behalf of Nelson Ranches dated September
18, 2013
Grant of Easement and Easement Agreement for Transmission Facilities between Nelson Ranches and BP Wind
Energy North America, Inc. dated January 22, 2009
Correspondence from Mr. and Mrs. Nelson of Nelson Ranches supporting Tri-State's request
Sent Electronically to:
Eric Stidman, BP Energy, Inc. Eric.Stidman@bp.com
Steve Gray, Tri-State G&T sgrav@tristategt.orq
Selina Koler, Tri-State G&T skoler@tristategt.orq
Nelson Ranches, Inc.
Documents sent January 20,2014
January 20, 2014
Weld County Board of County Commissioners
c/o Mr. Kim Ogle
Planning and Building Department
1555 N. 17" Ave.
Greeley, CO 80632
RE: Tri-State Generation and Transmission Association, Inc. Redtail Substation
Project
Dear Mr. Ogle,
As the owner of the West half of Section 8, Township 10 North, Range 58 West of the 6th
PM, Weld County Colorado,Nelson Ranches, Inc. requests removal ofUSR-1723 from
the South 950 feet of the West 950 feet of that section in support of the application of Tri-
State Generation and Transmission Association for a land use permit to build an electrical
substation there.
Sincerely,
Nelson Ranches, Inc.
< ' tin
,_ ?to - 2/
F 1 F_, c
QTRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC.
1100 W. 116TH AVENUE • P.O. BOX 33695 • DENVER, COLORADO 80233 •303-452-6111
December 19, 2013
Weld County Board of County Commissioners
do Mr. Kim Ogle
Planning and Building Department
1555 N. 17th Ave.
Greeley, CO 80632
RE: Tri-State Generation and Transmission Association, Inc. Redtail
Substation Project
Dear Mr. Ogle,
As you know, Tri-State Generation and Transmission Association, Inc. needs to
construct a new electrical substation to be known as the Redtail Substation to
serve growing loads in northeast Weld County. Tri-State holds a contract for the
purchase of 20 acres of property for that purpose in the West half of Section 8,
Township 10 North, Range 58 West of the 6th PM, Weld County Colorado. The
"Property" is described as the south 950 feet of the west 950 feet of Section 8.
Tri-State filed an application for a Recorded Exemption (RECX13-0117)
associated with the Property on October 7, 2013.
All of Section 8 is currently encumbered by Use by Special Review Permit No.
USR-1723 associated with the Cedar Creek II Wind Farm and Transmission Line
(the "USR") held by BP Energy ("BP"). The administrative approval of the
Recorded Exemption requires Tri-State to seek removal of the USR from the
Property. County staff and Tri-State staff have contacted BP and requested its
cooperation in removing the Property from the USR, but have received neither an
agreement nor any objection to such removal by BP. Upon information and
belief, County staff spoke to the BP representative by telephone in November of
2013. Tri-State staff contacted the same BP representative by email on
November 20, 2013. On December 5, 2013, BP requested additional information
which was provided by Tri-State the same day. Tri-State contacted BP by email
again on December 13 and by telephone on December 18, 2013. As of today's
date, BP has not responded.
Because of the failure of BP to timely respond to its request, Tri-State must
unilaterally move the Board of County Commissioners, on behalf of itself and
Nelson Ranches, Inc. (the current owner of the Property) to remove the USR
from the Property in order to meet its schedule and its obligations to its members.
In support of its motion, Tri-State submits that the removal of the USR from the
Property will have no impact upon BP, or the Cedar Creek II Wind Farm and
Transmission Line. The Property lies over two miles from the nearest wind
turbine as shown on the USR Plat. Indeed, the Property is not within the "Wind
Energy Facility" portion of the platted area at all. Section 8 is included only within
the "Transmission Line" portion of the platted area (See USR Plat Page 2). The
transmission line referenced in the USR Plat (and BP's associated easement) is
limited to the north 100 feet of section 8 (See USR Plat Page 16). The north
boundary of the Property is over 4,000 feet south of the transmission line. BP has
built nothing in any portion of the Property, and the USR Plat identifies no
proposed improvements on or near the Property. Presumably no improvements
could be built there by BP without an amendment to the USR.
Tri-State has filed an application for a 1041 land use permit associated with its
proposed substation. It plans to present its request to the Board of County
Commissioners early in 2014. Removal of the existing USR from the Property will
allow the permitting process to move forward without impacting the ability of BP
to continue to operate its wind farm and transmission line. Therefore, Tri-State
respectfully requests removal of USR-1723 from the South 950 feet of the West
950 feet of Section 8, Township 10 North, Range 58 West of the 6th P.M., Weld
County, Colorado, as shown on the attached plat, and requests that a hearing be
held before the Board of County Commissioners as soon as is practicable.
Sincerely,
`">
FI. St 'vc'r`reray
Ntanager, Land-Rights Acquisition
Tri-State Generation and Transmission Association, Inc.
Cc: Eric Stidman, BP Energy
Nelson Ranches, Inc.
Encl: USR-1723 Plot Plat, Page 2 and 16
USR-1723 Plot Plat, Page 2 with proposed amendment
Landowner Letter of Authorization from Nelson Ranches, Inc. to Tri-State
A Touchstone Energy Cooperative p"ry`
0 TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC.
1100 W. 116TH AVENUE • P.O. BOX 33695 • DENVER, COLORADO 80233 • 303-452-6111
Nelson Ranches, Inc.
58900 CR 382
Grover, CO 80729
RE: Tri-State Generation and Transmission Association, Inc. Keota Substation
Project
Dear Mr. and Mrs. Nelson,
As you know, Tri-State Generation and Transmission Association, Inc. needs to
construct a new electrical substation to be known as the Redtail Substation on
property that you currently own in the West half of Section 8, Township 10 North,
Range 58 West of the 6th PM, Weld County Colorado. Tri-State needs to obtain
land use permits and other permits related to development of the substation from
Weld County. Because In-State is the applicant for all such permits, but is not
yet the owner of the property, Weld County requires your authorization as the
owner of the property to allow Tri-State to apply for and pursue all such permits.
Please acknowledge your consent by signing this letter where indicated below.
Thank you for your assistance. Should you have any questions, please do not
hesitate to contact me at 303-254-3649.
Sincerely,
H. Steven Gray
Manager, Land Rights Acquisition
Approved and agreed to as set forth herein.
By: ( Q7-A- 77/e-1 f�tit_
Name: Oec 1A y Ai e Ts c'r�,
Title: 5c = r c.>-t-lt v t{ / ti ry rye,,^
r--
Date: 9 Lep/i�
A Touchstone Eneigytoopezntive 03,
11111 111111 111111 HID 111111111 BE I1111111 "..
3600880 01/22/2009 02:45P Weld County, CO
880 1 of 10 R 51.00 D 0.00 Steve Moreno Clerk& Recorder
For Recorder's Use Only
Recording Requested By and
When Recorded Return to:
Land Manager
BP Wind F.nerg3 North America Inc.
700 Louisiana. 33k?Floor
Houston. TX 77002
(713)35-4-2130
GRANT OF EASEMENT AND EASEMENT AGREEMENT
FOR TRANSMISSION FACILITIES
THIS GRANT OF EASEMENT AND EASEMENT AGREEMENT FOR TRANSMISSION
FACILITIES (this "Agreement")is made, dated and effective as of January 7, 2009 (the "Effective
Date'), between Nelson Ranches, Inc (collectively, and ]including its/his/her/their executors,
representatives, heirs, successors and assigns, "Grantor"), and BP Wind Energy North America
Inc.,a Virginia corporation ("Grantee"). Grantor is the sole owner of certain property located in
Weld County, Colorado, as more particularly described in Exhibit A attached hereto and made part
hereof(the "Property").
I. Grant of Transmission Easement. For good and valuable consideration, the legal
sufficiency of which is hereby acknowledged by Grantor, Grantor hereby grants to Grantee and its
successors and assigns, an exclusive easement ("Transmission Easement") on, along, over, under
and across a portion of the Property one hundred (100) feet wide (such portion of the Property, the
"Easement Area" as more particularly described in Exhibit B attached hereto and made part
hereof), for the right to erect, construct, reconstruct, replace, remove, maintain and use the
following from time to time a line of towers or poles, with such wires and cables as from time to
time are suspended therefrom, and/or underground wires and cables, for the transmission of
electrical energy and/or for communication purposes, and all necessary and proper foundations,
footings, crossarms and other appliances and fixtures for use in connection with said towers, poles,
wires and cables on, along, over, under and across the Easement Area. The Easement Area may
exceed 100 feet in width by up to 50 feet in limited situations to the extent reasonably necessary to
accommodate guy wires needed to enable a transmission line to turn a corner. Said towers, poles,
wires, cables, foundations, footings, crossarms, appliances, fixtures, facilities and rights-of-way
are herein collectively called the"Transmission Facilities."
2. Payment. In consideration of the rights granted hereunder, Grantee agrees to pay
Grantor the amounts set forth in the Fee Schedule attached hereto("Fee Schedule").
3. Construction Activities. During the construction of the Transmission Facilities, Grantee
may use for construction purposes an additional fifty (50) feet of land in total on either or both
sides of the Easement Area Grantee will use commercially reasonable efforts to minimize
surface disturbance on the portion of the Property lying outside of the Easement Area during
construction. Grantee shall notify Grantor of the commencement and completion of
H0003: 1534015 Page l of9
111111111111111111111111 IIII 11111 111111 111 11111 IIII IIII
3600880 01/22/2009 02:45P Weld County, CO
2 of 10 R 51.00 D 0.00 Steve Moreno Clerk& Recorder
construction.
4. Access. The Transmission Easement is also for the right of ingress to and egress from
Transmission Facilities (whether located on the Property or elsewhere), over and along the
Property by means of roads and lanes thereon if existing, or otherwise by such route or routes as
Grantee may construct from time to time, provided, however, that Grantee shall consult with
Landowner on the location of any such roads and lanes prior to their construction Grantee shall
also have the right to maintain and improve such roads and lanes.
S. Term and Termination. Subject to the terms and conditions of this Agreement, the term of
this Agreement shall commence on the Effective Date and continue in perpetuity unless earlier
terminated by Grantee by written notice to Grantor. An "Event of Default" shall exist under this
Agreement if: (a) Grantee fails to pay Grantor the post-construction payment that is due in the
attached Fee Schedule after commencement of construction of the Transmission Facilities on the
Property by the earlier of (i) the thirtieth (30th) day after commencement of construction or
(ii) December 31, 2018 (the "Payment Expiration Date") or (6) Grantee defaults in the
performance of any other covenant or agreement contained in this Agreement and (c) either such
default in (a) and (b) hereof continues uncured for a period of sixty (60) days after written notice
thereof from Grantor to Grantee, unless such default cannot be reasonably cured within such sixty
(60)-day period, in which case no Event of Default shall exist if Grantee, within such sixty (60)-
day period, commences to cure such default and thereafter prosecutes the cure of such default in
good faith and with due diligence. Upon the occurrence of an Event of Default, Grantor may
terminate this Agreement by recording in the Real Property Records of the county in which the
Property is located ("County.Records") a declaration stating that this Agreement has terminated by
reason of the occurrence of an Event of Default. Upon the expiration or earlier termination of this
Agreement, Grantee shall promptly de-energize any electrical lines or facilities in, on or over the
Easement Area, remove the Transmission Facilities from the surface of the Easement Area, and
restore said surface to approximately the same condition as the Easement Area was in on the
Effective Date.
6. Assignment. Grantee may assign this Agreement or its rights with respect to the
Transmission Easement, in whole or in part, without the need for Grantor's consent. This
Agreement shall run with the land. This Agreement shall inure to the benefit of, and be binding
upon, Grantor and Grantee and their respective transferees, heirs, successors and assigns and all
persons claiming under them
7. Compliance with Laws. Grantee shall comply with all laws, regulations and rules
governing the erection, construction, reconstruction, replacement, removal, maintenance and use of
the Transmission Facilities,
8. Costs. All costs and expenses incident to the erection, constntction, reconstruction,
replacement, removal, maintenance and use of the Transmission Facilities including the trimming
and cutting of any trees and underbrush shall be borne by Grantee.
11O1'03'1153404 5 Page 2 of 9
•
11111111111111111111111111111111111111111111111111101
3600880 01/22/2009 02:45P Weld County, CO
3 of 10 R 51,00 D 0.00 Steve Moreno Clerk& Recorder
9. Grantor's Right to Use the Easement Area. Grantor retains the right to use the Property,
including the Easement Area, for all purposes not inconsistent with the rights granted to Grantee by
this Agreement.
10. Indemnity. (a) Grantee shall, at all times, save and hold harmless and indemnity Grantor,
its officers, partners, agents, contractors and employees, from and against all losses, damages,
expenses, claims, demands, suits and actions, including, but not limited to, all claims for personal
injuries and property damage outside the Easement Area, to the extent caused by the negligence or
willful misconduct of Grantee, its officers, partners, agents, contractors and employees. (b)
Grantor shall, at all times, save and hold harmless and indemnity Grantee, its officers, partners,
agents, contractors and employees, from and against all losses, damages, expenses, claims,
demands, suits and actions, including, but not limited to, all claims for personal injuries and
property damage within the Easement Area, to the extent caused by the negligence or willful
misconduct of Grantor, its officers, partners, agents, contractors and employees.
11. Maintenance. Grantee shall have the right to make all foreseen and unforeseen and
ordinary and extraordinary changes and repairs which may be required to the Transmission
Facilities, and to maintain and keep the Easement Area in good order, repair and condition,
including but not limited to trimming, cutting and removing trees and underbrush anywhere on
the Property as reasonably necessary if any limbs, branches or other parts are within the
Easement Area, When Grantee performs such maintenance activities, Grantee shall remove all
debris created (such as, but not limited to, tree limbs, underbrush, etc.) and dispose of such
debris offsite.
12, Financing.
12.1 Grantee may collaterally assign, mortgage or otherwise encumber its interest in
this Agreement to a Financing Party (as hereinafter defined) under a Mortgage (as hereinafter
defined). The term "Financing Party" means any institution (including any trustee or agent of
behalf of such institution) providing debt or other financing to Grantee or its successors or assigns.
The term "Mortgage" shall mean any mortgage, deed of trust, deed to secure debt or other security
instrument by which Grantee's interest under this Agreement is mortgaged, conveyed, assigned or
otherwise transferred to secure a debt or other obligation to a Financing Party. Each Financing
Party who provides notice to Grantor of its Mortgage shall be referred to as"Mortgagee."
12.2 So long as any Mortgage remains in effect, this Agreement shall not be
modified, and Grantor shall not accept a surrender of the Property or a termination or release of
this Agreement prior to the expiration of the term hereof, without the prior consent of all
Mortgagees.
12.3 Grantor, upon providing Grantee any notice of 0) default under this Agreement
or(ii) termination of this Agreement, shall at the same time provide a copy of such notice to each
Mortgagee. Such Mortgagee shall have the same period, after the giving of such notice, for
remedying any default or causing the same to be remedied (but shall have no obligation to remedy
or cause the remedy of any default), as is given Grantee after the giving of such notice to Grantee
to remedy the default specified in any such notice. Grantor shall accept such performance by or at
nonn.a,nssan4i Page 3 of9
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4 of 10 R 51.00 0 0.00 Steve Moreno Clerk 8 Recorder
the instigation of such Mortgagee as if the same had been done by Grantee.
12.4 Grantor shall execute such estoppel certificates (certifying as to such matters
as Grantee may reasonably request, including, without limitation, that no default then exists
under this Agreement to Grantor's knowledge, if such be the case) and/or consents to assignment
and/or non-disturbance agreements as Grantee or any Mortgagee may reasonably request from
time to time.
12.5 In case of the termination of this Agreement as a result of any default or the
bankruptcy, insolvency or appointment of a receiver in bankruptcy for Grantee, Grantor shall
give prompt notice to the Mortgagees. Grantor shall, upon written request of the first priority
Mortgagee, made within forty (40) days after notice to such Mortgagee, enter into a new
easement agreement with such Mortgagee, or its designee, within twenty (20) days atter the
receipt of such request. Such new easement agreement shall be effective as of the date of the
termination of this Agreement by reason of default by Grantee, and shall be tirr a term equal to
the remainder of the term of this Agreement and upon the same terms, covenants, conditions and
agreements as contained in this Agreement. Upon the execution of any such new easement
agreement, the Mortgagee shall agree in writing to perform or cause to be performed all of the
covenants and agreements set forth in this Agreement to be performed by Grantee to the extent
that Grantee failed to perform the same prior to the execution and delivery of the new easement
agreement.
13 Grant to Utility. Grantee shall have the right to grant to any utility the right to
construct, operate and maintain Transmission Facilities in the Easement Area pursuant to any
standard form of easement or other agreement used by utility.
14 Notices All notices, requests and communications ("Notice") under this Agreement
shall be given in writing, by (i) personal delivery (confirmed by the courier delivery service), (ii)
facsimile and confirmed in writing by mail, or (iii) first class certified mail, postage prepaid,
return receipt requested, to the individuals and addresses indicated below:
(a) If to Grantor:
Nelson Ranches, Inc.
58900 County Road 382
Grover, CO 80729
(b) If to Grantee:
BP Wind Energy North America Inc.
700 Louisiana, 33`d Floor
Ilouston, TX 77002
Attention: Land Manager
Facsimile: (713) 354-2120
(c) If to Mortgagee upon Notice of Default or Tennination
11O11N:11 5.1404.5 Page 4 of 9
1 11111 11111 IIIIII 11111111llP1 !1111IIIII III 1111111111111
3600880 01/22/2009 02. ld County, rk
5 of 10 R 51.00 D 0.00 Steve Moreno Clerk& Recorder
At the address indicated in Mortgagee's notice sent to Grantor under Section 12.1
hereof
Except as expressly provided herein, any Notice provided for herein shall become effective only
upon and at the time of first receipt by the party to whom it is given, unless such Notice is only
mailed by certified mail, return receipt requested, in which case it shall be deemed to be received
five (5) business days after the date that it is mailed. Any party may, by proper written notice
hereunder to the other party, change the individual address to which such Notice shall thereafter
be sent.
I5. Applicable Law. This Agreement shall be construed and enforced in accordance with the
laws of the State of Colorado.
16. Integration; Amendment. This Agreement, when executed, approved and delivered,
together with all exhibits attached hereto, shall constitute the entire agreement between the
parties and there are no other representations or agreements, oral or written, except as expressly
set forth herein. This Agreement may not be amended or modified except by a written
agreement signed by the parties hereto.
17. Inaccuracy of Legal Description or Ownership. In the event of any inaccuracy in the
description of the Property or Easement Area in Exhibit A or Exhibit B, respectively, or in the
description of the parties in whom title to the Property is vested, Grantor and Grantee shall
amend this Agreement to correct such inaccuracy in order to accomplish the intent of Grantor
and Grantee
I S. Record. Grantor and Grantee agree that this Agreement (without the Fee Schedule)
shall be recorded in the County Records.
19. Severability. If any terms or provisions of this Agreement are deemed to be invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby.
20. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be deemed to be an original agreement, and all of which shall constitute one agreement.
IN WITNESS WHEREOF, Grantor and Grantee have caused this Agreement to be executed and
delivered by their duly authorized representatives as of the Effective Date.
"GRANTOR"
R,O-4 ltsl
Name: Nelson ;Cinches, Inc
uouo3:u s 3404 5 Page 5 of 9
111111111111 11111111111111111111111111 11111 11111111
3600880 01122(2009 02:45P Weld County, CO
6 of 10 R 51.00 0 0.00 Steve Moreno Clerk & Recorder
STATE OF Qoloradb )
) ss:
COUNTY OF uaIA )
he foregoing instrument was acknowledged before me by
)118611pIa1 dub 7)1G . Eh! tart this lay of dm DArr , 2009
ILe1 c�
Witness my hand and official seal.
4' Silt) -
p 1/2[11,1444.1i
Public
My Commission Expires: 12_71k11
l 1
r �`
MARGARET F. lTUFINETT
ti NOTARY PUBLIC
STATE O` CO-ORAD0
>_ - - - -
,.
11O1 TO] 153404-5 Page 6 of 9
I MINI1110 11111111111111111111II22/2009 02:45P 11111III 11111 1111
7 0l 10 R 51.00 0 0.00 Steve Moreno Clerk & Recorder
"GRANTEE"
BP Wind Energy North America Inc.
By mL° yCL , /) e1
Name: D.E. Brea of r�—
Title. Attorney-In-Re
STATE OF T KG_5 )
) ss:
COUNTY OF. /I .rri5 )
n
On Yan .1 4ry __.. 2009, before me, .ere n,1er t9. ma?nss
Notary Public, personally appeared D. c. Srnota f- , personally
known to me(or proved to me on the basis of satisfactory evidence)to be the person
whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the instrument
the person or the entity upon behalf of which the person acted, executed the instrument.
Witness my hand and official seal.
Lrr„-r1,✓ c4� Mg 2
Nitfiry Public
My Commission Expires: A/ovembo- O411 c2O/A_
.01;;;;,,, JENNIFER A. MANESS
•
Notary Public,State of Texas
`O,/�4-` My Commission Expires
November 04,2012
1101w: 155404 5 Page 7 of 9
1111111 11111 111111111111 till 1111 1111 IIIii II II it
3600880 01/2212009 02:45P Weld County, CO
B of 10 R 51.00 D 0.00 Steve Moreno Clerk 6 Recorder
Exhibit A
THE PROPERTY
All that certain real property located in Weld County, State of Colorado, to wit:
The west '/ of section 8 and the west '/of section 7, all in Township 10 north of Range 58
west of the 6a' P.M
And
All of section 12, all of section 11, the north 'h of section 10, all in Township 10 north of
Range 59 west of the 6th P.M
no1103 a 33404 5 Page 8 of 9
It1111111Ill111111IIII1111(liii111111III111111111111
3600880 01122/2009 02:45P Weld County, CO
9 of 10 R 51.00 D 0.00 Steve Moreno Clerk &Recorder
Exhibit B
EASEMENT AREA
Please see attached map.
uonn3,1 L53404 5 Page 9 of 9
IIIN 1111 111111 11111 1111 11111 11111 III111111III IIII
3600880 01122/2009 02:45P Weld County, CO
10 of 10 R 51.00 0 0.00 Steve Moreno Clerk& Recorder
The north 100 feet of the west ! of section 8, the north 100 feet of the west '/Z of
section 7, all in Township 10 north of Range 58 west of the 6th Principal Meridian,
Weld County, Colorado; excepting there from any road rights of way and
encumbrances of record.
And
The north 100 feet of section 12, the north I 0 feet of section 11, the north 100
feet of section 10, all in Township 10 north of Range 59 west of the 6th Principal
Meridian, Weld County, Colorado; excepting there from any road rights of way
and encumbrances of record.
—Note: This sketch is meant to depict the legal description of the easement. It does
not represent a momunented land survey.
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