HomeMy WebLinkAbout20140522.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSIO
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMI ,EMI>fiI;
Moved by Joyce Smock,that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR13-0054
APPLICANT: TRI-STATE GENERATION AND TRANSMISSION, INC
PLANNER: KIM OGLE
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 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.
LEGAL DESCRIPTION: THE TRANSMISSION LINE 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, R6OW; 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.
LOCATION: NORTH OF AND ADJACENT TO CR 104;EAST OF AND ADJACENT TO CR 87;
SOUTH OF AND ADJACENT TO CR 120;WEST OF AND ADJACENT TO CR 123.
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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.
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.
RESOLUTION USR13-0054
TRI-STATE GENERATION AND TRANSMISSION, INC
PAGE 2
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 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.
RESOLUTION USR13-0054
TRI-STATE GENERATION AND TRANSMISSION, INC
PAGE 3
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 crossed by the Preferred Alternative. Tri-Stat
received one electronic mail corn mment from a landowner adjacent to the Preferred Alternative,voicing his
preference for the route across Chalk Bluffs and opposed to 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.
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.
RESOLUTION USR13-0054
TRI-STATE GENERATION AND TRANSMISSION, INC
PAGE 4
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.
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.
RESOLUTION USR13-0054
TRI-STATE GENERATION AND TRANSMISSION, INC
PAGE 5
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
required.
Given the relatively short construction schedule, the site will not generate significant demands on
community services such as the school district.
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.
RESOLUTION USR13-0054
TRI-STATE GENERATION AND TRANSMISSION, INC
PAGE 6
The Project area is located within District 1 of the Weld County Sheriffs 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.
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.
RESOLUTION USR13-0054
TRI-STATE GENERATION AND TRANSMISSION, INC
PAGE 7
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 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.
RESOLUTION USR1 3-0054
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PAGE 8
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 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:
RESOLUTION USR13-0054
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PAGE 9
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.
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.
RESOLUTION USR13-0054
TRI-STATE GENERATION AND TRANSMISSION, INC
PAGE 10
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.
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 I
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,
RESOLUTION USR13-0054
TRI-STATE GENERATION AND TRANSMISSION, INC
PAGE 11
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."
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.
RESOLUTION USR13-0054
TRI-STATE GENERATION AND TRANSMISSION, INC
PAGE 12
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 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 Planning Commission 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 December 11, 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 BP Energy North America, LP, Cedar Creek II Wind
Farm and that the partial vacation plat has been recorded per Board of County Commissioner
Resolution dated January 27, 2014. (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)
RESOLUTION USR13-0054
TRI-STATE GENERATION AND TRANSMISSION, INC
PAGE 13
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)
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. 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. 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)
2. 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)
3. 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)
4. 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 one
RESOLUTION USR13-0054
TRI-STATE GENERATION AND TRANSMISSION, INC
PAGE 14
hundred twenty (120) days from the date of the Board of County Commissioners resolution. The
applicant shall be responsible for paying the recording fee. (Department of Planning Services)
5. 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 Board of County
Commissioners Resolution was signed a $50.00 recording continuance charge may be added for
each additional 3 month period.
6. 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 mapsCa2co.weld.co.us. (Department of Planning Services)
7. 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)
Motion seconded by Bruce Sparrow.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bret Elliott
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Mark Lawley
Michael Wailes
Nick Berryman
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Kristine Ranslem,Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on February 4, 2014.
Dated the 4th of February, 2014.
� Digitally signed by Kristine Ranslem
. Date:2014.02.07 07:33:10-07'00'
Kristine Ranslem
Secretary
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 permits may be 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)
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)
RESOLUTION USR13-0054
TRI-STATE GENERATION AND TRANSMISSION, INC
PAGE 16
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 for such entities as
government agencies, public safety operations, utilities and some non-profit organizations, provided
they are judged capable of meeting security requirements,space is available and is within the tower's
structural limits. (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)
25. 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)
26. 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
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
27. 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)
28. 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)
RESOLUTION USR13-0054
TRI-STATE GENERATION AND TRANSMISSION, INC
PAGE 17
29. 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 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,sandburs,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.
PC my ovdes
p__) / )41
Motion: Forward Case USR13-0052 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Jordan Jemiola, Seconded by Nick Berryman.
Vote: Motion carried by unanimous roll call vote (summary:Yes= 6).
Yes: Bruce Sparrow, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick Berryman.
CASE NUMBER: USR13-0053
APPLICANT: PTI USA MANUFACTURING LLC
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (STORAGE AREA FOR MODULAR UNITS)
PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN
FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: PARCEL B REC EXEMPT RE-226 EXC; PART NE4 SECTION 3, T4N, R68W
OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO HWY 60 AND WEST OF AND ADJACENT TO
INTERSTATE 25.
Diana Aungst, Planning Services, presented Case USR13-0053, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Brett Koth, PTI, 390 Mountain View Avenue, Berthoud, Colorado, stated that they are trying to increase
their output of these modular units from their factory from 16 to 20 per week. The storage currently has
space for 30 units and they are requesting additional area for storage.
Commissioner Lawley asked if they intend to annex into the Town of Johnstown. Mr. Koth said that they
do not intend to annex into Johnstown. He added that they have no interest in developing the land; they
intend to only use the site as storage.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR13-0053 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Jordan Jemiola, Seconded by Nick Berryman.
Vote: Motion carried by unanimous roll call vote(summary: Yes=6).
Yes: Bruce Sparrow, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick Berryman.
CASE NUMBER: USR13-0054
APPLICANT: TRI-STATE GENERATION AND TRANSMISSION, INC
PLANNER: KIM OGLE
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. -
TWO (2) SUBSTATIONS - KEOTA AT THE WEST TERMINAL EXHIBIT
AT THE EAST TERMINAL) AND ONE (1) 250 FOOT CO
TOWER LOCATED AT THE KEOTA SUBSTATION IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: THE TRANSMISSION LINE COMMENCES AT THE KEOTA SUBSTATION
IN SECTION 17 AND ENTERS SECTIONS 16, 15, 14, 13, T9N, R61 W;
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.
LOCATION: NORTH OF AND ADJACENT TO CR 104; EAST OF AND ADJACENT TO CR
87; SOUTH OF AND ADJACENT TO CR 120; WEST OF AND ADJACENT TO
CR 123.
Kim Ogle, Planning Services, presented Case USR13-0054, reading the recommendation and comments
into the record. A letter was received from James Borgell, Holland and Hart Attorneys who represent BP
Wind Energy of North America, who have concerns with the Tri-State project with respect to the crossing
agreement adjacent to the proposed Keota substation site and the eventual loss of revenue associated
with shutting down the Cedar Creek Project. The Department of Planning Services recommends
approval of this application with the attached conditions of approval and development standards.
Don Carroll, Public Works, reported on the required permits that the applicants will need to submit such
as road crossings, right-of-way permits, etc. Additionally, staff reviewed the proposed traffic, access and
drainage conditions and the requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Selena Koler, Tri-State Generation and Transmission, 1100 W 116th Avenue, Westminster, Colorado,
stated that they would like to add the proposal of a staging area due to the change of the double circuit
steel poles needed in the area to store these during construction. They have negotiated an agreement
with the landowner for 50 acres at County Roads 104 and 390.
The Chair asked about the James Borgell letter regarding the crossing of the Cedar Creek Wind Farm
project. Ms. Kohler said that when they construct the Keota substation they will need an outage on the
Cedar Creek line that the letter was referencing. She added that they are currently in communications
with Infigen and Public Service to schedule that outage. They think they may need four (4) days;
however they may get it down to two (2) days of outage during the day and back on at night.
The Chair asked if all the easements have been acquired. Ms. Soler said that they are in the process of
acquiring them but have not received all of them.
Commissioner Berryman said that the staging area is a new request. Mr. Ogle said that staff will take this
under advisement internally and there will be a stipulated agreement to allow the use of the staging of the
poles. Mr. Carroll added that Public Works would like to see a sketch plan and assign them a temporary
access.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Noel Pace, 938 Logan Court, Loveland, Colorado, stated that the Pawnee Grasslands are a pretty unique
site and anything that would disturb the views would be a problem. He offered alternate routes.
Roman Fedyk, Whiting Petroleum, 1700 Broadway, Denver, Colorado, expressed support of the project
and stated that it is important to get electrical energy to that site as they continue with their development.
They have a lot of infrastructure going in that is utilizing gas engine driven and diesel engine equipment
and this will allow them to operate more efficiently.
Ms. Koler said that they initially started with the two (2) oil and gas facilities that they needed to connect
to. She added they looked at the routes offered by Mr. Pace and came up with a study area. Additionally
they look at the opportunities and constraints in this area, primarily the Pawnee National Grasslands and
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the routes they chose specifically avoided all crossings of the Pawnee. She added that they looked at
environmentally sensitive areas such as the Chalk Bluffs. Additionally, they try to stay away from
residences and oil and gas wells. The military infrastructure also requires a 1 mile separation from all
those facilities. Ms. Koler stated that through outreach to the surrounding property owners and the
Colorado Parks and Wildlife they focused their attention to the southern route and it was more
accommodating to the landowners as well. Ms. Koler said that they did speak with Mr. Pace, although his
property isn't crossed by the preferred route he is an adjacent landowner.
Steve Gray, Tri-State Generation and Transmission, 1100 W 116th Avenue, Westminster, Colorado, said
that once they were convinced to use the southern route, they did reach out to all the surrounding
landowners including Mr. Pace. He said that Mr. Pace's concern was that he didn't want Tri-State on his
property. Therefore in response to that they rerouted the line to avoid his property.
Mr. Ogle requested an amendment to Development Standard 5 by deleting "with no new proposed
staging or lay-down yards" from the first sentence. He added that these comments were written prior to
the request of the staging area.
Motion: Amend Development Standard 5 as stated by staff, Moved by Nick Berryman, Seconded by
Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Sparrow, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick Berryman.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. Ms. Soler referred to Development Standard 22 and
requested that it be removed. She added that they believe this is in reference to the communication
tower building and said that as a public service agent according to the building code we are not required
to get building permits for electric equipment enclosures. Ms. Koler clarified that it is in reference to
Section 105.2.3 of the Building Code and stated that this building is pre-manufactured and are inspected
at the factory.
Brad Yatabe, County Attorney, stated that he would recommend leaving the development standard as
written so that in the future if building permits are required they would have to adhere to obtaining building
permits.
Ms. Koler stated that they are in agreement with the conditions of approval and development standards.
Motion : Forward Case USR13-0054 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Joyce Smock, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Sparrow, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick Berryman.
CASE NUMBER: USR13-0055
APPLICANT: NOBLE ENERGY INC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR A NON-1041 MAJOR FACILITY OF A PUBLIC UTILITY (16-INCH HIGH
PRESSURE CRUDE OIL PIPELINE) IN THE A (AGRICULTURAL) ZONE
DISTRICT
LEGAL DESCRIPTION: THE PREFERRED PIPELINE ROUTE COMMENCES IN THE NE4
SECTION 21 AND ENTERS SECTIONS 16, 9, 8, 7, 6 T9N, R59W; THEN
INTO SECTIONS 1 , 2, 3, 10, 9, 8, 17, 20, 19, AND 18, T9N, R60W; THEN
ENTERS SECTIONS 13, 14, 15, 22, 21 , 20, 19, 30, 25, AND 36, T9N, R61W
THEN ENTERS SECTIONS 1 , 12, 13, 24, 25, 36, AND 35, T8N R62W,
THEN ENTERS SECTIONS 2, 3, 4, 5, 6 T7N, R62W; THEN ENTERS
SECTIONS 1 AND 2, T7N, R63W,; THEN ENTERS SECTION 35, 26 AND
TERMINATES IN THE NE4 OF SECTION 25, T8N, R63W OF THE 6TH
P.M., WELD COUNTY, COLORADO
LOCATION: THE PIPELINE IS GENERALLY LOCATED SOUTH OF CR 112; WEST OF CR
115; NORTH OF CR 86 AND EAST OF CR 71 .
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