HomeMy WebLinkAbout20140521.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0054, FOR A MAJOR FACILITY OF A PUBLIC UTILITY (TWO (2)
115KV TRANSMISSION LINES EXTENDING APPROXIMATELY 24.7 MILES AND
TWO (2) SUBSTATIONS - KEOTA AT THE WEST TERMINAL AND REDTAIL AT
THE EAST TERMINAL) AND ONE (1) 250-FOOT TELECOMMUNICATION TOWER
LOCATED AT THE KEOTA SUBSTATION IN THE A (AGRICULTURAL) ZONE
DISTRICT-TRI-STATE GENERATION AND TRANSMISSION, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 26th day
of February, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Tri-State Generation and Transmission, Inc., 1100 W. 116th Avenue,
Westminster, CO 80233-0695, for a Site Specific Development Plan and Use by Special Review
Permit, USR13-0054, for a Major Facility of a Public Utility (two (2) 115kV Transmission Lines
extending approximately 24.7 miles and two (2) substations — Keota at the west terminal and
Redtail at the east terminal) and one (1) 250-foot Telecommunication Tower located at the
Keota Substation in the A (Agricultural) Zone District, on the following described real estate,
being more particularly described as follows:
The Pipeline Route commences at the Keota
substation in Section 17 and enters Sections 16,
15, 14, 13, Township 9 North, Range 61 West; then
into Sections 18, 17, 16, 15, 10, 3, 2, 1, Township 9
North, Range 60 West; then enters Sections 6, 5, 4,
3, 2, 1, Township 9 North, Range 59 West; then
enters Sections 31, 32, 29, 20, 17 and terminates
at the Redtail substation in Section 8, Township 10
North, Range 58 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicant was present, represented by Selina Koler, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 21-3-330 of the Weld County Code.
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2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 21-3-340.A of the Weld County Code as follows:
A. Section 21-3-340.A.1 states: "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 the health, safety, and
welfare of the inhabitants of the neighborhood and County.
B. Section 21-3-340.A.2 states: "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.
C. Section 21-3-340.A.3 states: `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.
1) Scenario A -- Taking no action will result in no power delivery to
our Members and their customers. The No Action Alternative does
not meet the need of the Project.
2) Scenario B -- This alternative will 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 will 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. 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 (4)
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
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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.
3) Alternatives -- Under all action alternatives, the Keota substation
will be located adjacent to the existing 345-kV Laramie River to
Story transmission line approximately one mile south of County
Road (CR) 106 on CR 89.
a) Alternative 1: The transmission line will 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 (1) mile of transmission
line will be constructed outside an existing corridor, and no
new landowners (that weren't impacted by the Cedar
Creek lines) will be impacted. The line will be placed within
500 feet of two residences, and will 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.
b) Alternative 2: The transmission line will follow the existing
Cedar Creek-Keenesburg line north and east out of the
new Keota substation, but will divert from the existing line
approximately 2.4 miles south of where the existing line
turns due east. The line will then follow parcel boundaries
for 2.15 miles where it will turn to the northeast to cross the
Chalk Bluffs. It will then run north for approximately 0.6
mile before turning due east to CR 382. The line will then
follow CRs 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 creates 14.5 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.
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c) 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 CR 382. The transmission line
will follow parcel boundaries along the diversion as much
as possible, but will be located approximately 600-800 feet
north of the parcel boundaries for approximately 2.8 miles
to avoid wind turbines.
Alternative 3 will include 25.3 miles of transmission line
and will impact nine parcels in conservation easements
(5.9 miles). This alternative will create 5.2 miles of new
disturbance outside the existing corridor, but will not come
within 500 feet of residences.
d) 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 CR 105. It then turns north
for 1.25 miles, then east for approximately seven miles to
the east side of CR 119. It then turns north for one mile to
the north side of CR 110. It then turns east and north long
property boundaries for approximately four (4) miles, then
runs north for another three (3) miles and terminates at the
Redtail substation site.
Alternative 4 will include 24.7 miles of transmission line. It
will 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 will be no
disturbance to any parcels currently held in conservation
easements by the CCALT under Alternative 4. Additionally,
the line will not come within 0.5 mile of any residences.
Alternative 4 will not cross the Chalk Bluffs and will be
located approximately two (2) 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).
4) Public Outreach -- Tri-State mailed a letter to all landowners along
the four proposed routes explaining the Project and the purpose
that it will serve. The letter identified the purpose and location of
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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 will 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-State received one electronic mail
comment 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 will 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 will consist
of approximately 222-296 structures, with the number of structures
typical per mile listed as 9-12 poles. The structures will be a self
weathering steel structure spaced approximately 400-600 feet
apart. The poles will 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 will have up to six
conductors and an overhead optical ground wire. Transmission
poles will be directly embedded in soil, except at changes in
direction of the line. At these locations, the poles will 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.
D. Section 21-3-340.A.4 states: "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, indicating 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
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agricultural. The parcels that will 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 will occur at
structure sites. Construction will occur primarily in an area that has been
previously disturbed, and impacts to native vegetation communities are
expected to be minimal. Most access will be overland in nature or along
existing roads, and minimal vegetation will be disturbed from roads. The
preferred alternative transmission line route will cross three
named-drainages, Wild Horse Creek, Igo Creek, and North Pawnee
Creek. The drainages will likely be spanned by the transmission line so
no impacts will 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
will occur, Tri-State will notify the Army Corps of Engineers and
construction will 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. CPW
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 will be considered and vetted with CPW.
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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 will 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 will 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 will be minimized. All practical efforts will 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 will minimize
impacts to wildlife along the transmission line and at the substations.
To preclude avian electrocutions and minimize collision risk, Tri-State will
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.
E. Section 21-3-340.A.5 states: "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.
F. Section 21-3-340.A.6 states: "The nature and location or expansion of the
facility does not unduly or unreasonably impact existing community
services." The applicant states careful site planning will be developed with
only a localized loss of agricultural land quality. Ground disturbance
generally will 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 thirty (30) construction workers will be employed during the
course of the approximately eight-month construction period. The
maximum number of construction workers at any one time will be
approximately thirty (30).
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The Project will generate infrequent trips to the transmission line and
substations during operation; the line will be inspected annually and
occasionally for maintenance.
No adverse effects on county roads are anticipated. Tri-State will work
with the Weld County Department of Public Works to determine the
appropriate access to the construction area. All mobile construction
equipment will be certified to operate on Interstate highways. There may
be short periods of time when traffic will be halted on CRs 89 and 118 to
allow construction vehicles to enter and exit the construction area. No
improvements to Weld County roads will be required.
Given the relatively short construction schedule, the site will not generate
significant demands on community services such as the school district.
G. Section 21-3-340.A.7 states: "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 will 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, will 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 will be the only land removed from current use. Land
between the transmission structures will 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 Sheriffs Office 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
North Colorado Medical Center, located in Greeley. None of these
services are expected to be affected, unless emergency situations occur.
There are no adverse socioeconomic impacts associated with the Project.
The Project will not cause any residents or businesses to be displaced.
The Project will generate additional tax revenue for Weld County.
H. Section 21-3-340.A.8 states: "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.
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Section 21-3-340.A.9 states: "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 water or groundwater, nor will it affect groundwater
recharge. Existing drainage patterns will be preserved. Permanent
facilities will not be located in stream channels, appropriately sized
culverts will be installed to maintain channel flow and morphology. The
Project will have no impacts on vested water rights. Construction water
and water to suppress dust during construction activities will be trucked
into the site.
J. Section 21-3-340.A.10 states: "Adequate water supplies are available for
facility needs.Bottled water will be used during construction of the
transmission line."
K. Section 21-3-340.A.11 states: "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.
L. Section 21-3-340.A.12 states: `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.
M. Section 21-3-340.A.13 states: "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. CPW
recommended species-specific surveys for Plains Sharp-tailed Grouse
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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
setbacks cannot be applied due to timing constraints, other alternative
mitigation measures will be considered and vetted with CPW.
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 will not occur from the Project. The Project will not impact
hydrologic flow of surface water or groundwater, nor will it affect
groundwater recharge.
To preclude avian electrocutions and minimize collision risk, Tri-State will
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.
N. Section 21-3-340.A.14 states: "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 will last approximately
seven to eight months. Construction activities associated with the
proposed transmission line and substations will 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 will 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 will 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 will 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
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re-established, some minor amount of additional dust could occur. The
generation of dust will be monitored by Tri-State, and the appropriate
action will 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 will result from operation of the transmission line or
substations.
There will be no direct impacts to water quality associated with regular
operation or maintenance of the transmission line and substations. The
Project will not create runoff in excess of historic levels and will not
adversely affect drainage. There will be no alteration in the pattern or
intensity of surface drainage as a result of construction or operation of the
transmission line and substations.
O. Section 21-3-340.A.15 states: "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 will be overland in
nature or along existing roads, and minimal vegetation will 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 will occur at structure sites. Construction
will occur in an area that has been previously disturbed, and impacts to
native vegetation communities are expected to be minimal.
P. Section 21-3-340.A.16 states: "The existing water quality of affected state
waters will not be degraded below state and federal standards or
established baseline levels." There will 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.
Q. Section 21-3-340.A.17 states: "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
will not measurably impact surface water or groundwater quality.
Additionally, there will be no long-term impacts to surface water or
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groundwater hydrology as a result of construction or operation of the
transmission line. The Project will not impact hydrologic flow of either
surface water or groundwater, nor will it affect groundwater recharge.
Further, subsurface drainage will not be impacted by the proposed
transmission line. There will be no direct impacts to water quality
associated with regular operation or maintenance of the transmission line.
Project construction will not create runoff in excess of previous site levels
and will not change existing topography or adversely affect drainage.
There will 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 will be implemented
prior to construction, including a Storm Water Permit for Construction
Activities which will be acquired from the Colorado Department of Public
Health and Environment.
R. Section 21-3-340.A.18 states: "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.
S. Section 21-3-340.A.19 states: "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.
T. Section 21-3-340.A.20 states: "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:
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1) The means by which outdoor storage facilities for fuel, raw materials,
equipment and related items are adequately enclosed by a fence
or wall.
2) The likelihood of hazardous materials or wastes being moved off
the site by natural causes or forces.
3) Containment of inflammable or explosive liquids, solids or gases.
There will be temporary storage of construction materials at the proposed
Project site. Construction, operation, and maintenance activities will
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 will 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 will be provided for all trash. All construction
waste, including trash and litter, garbage, other solid waste, petroleum
products, and other potentially hazardous materials will 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.
U. Section 21-3-340.A.21 states: "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 will provide for future reliability
needs and operational flexibility under transmission contingencies,
increasing the reliability to the loads in the area.
V. Section 21-3-340.A.22 states: "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
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the double circuit 115kV 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 1,070 feet west of CR 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.
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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 I 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 1,900 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 will
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 will not eliminate the
site build at the Keota Substation. The use of additional radio paths will
require addition FCC transmit frequency pairs to be available in an area
that is 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.
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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 23-2-230 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230 of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) 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."
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B. Section 23-2-230.B.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 23-2-230.8.3 -- 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 (1) mile north of the Keota substation. In
general the property is located in an 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 23-2-230.B.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 three-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 23-2-230.6.5 — The application complies with Chapter 23,
Article V, of the Weld County Code, 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 lot
will be required to adhere to the fee structure of the County-Wide Road
Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.B.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.
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G. Section 23-2-230.B.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 the health, safety, and
welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Tri-State Generation and Transmission, Inc., for
a Site Specific Development Plan and Use by Special Review Permit, USR13-0054, for a Major
Facility of a Public Utility (two (2) 115kV Transmission Lines extending approximately 24.7 miles
and two (2) substations — Keota at the west terminal and Redtail at the east terminal) and one
(1) 250-foot Telecommunication Tower located at the Keota Substation in the A (Agricultural)
Zone District, on the parcel of land described above be, and hereby is, granted subject to the
following conditions:
1. Prior to recording the plat:
A. The applicant shall address the requirements of the Department of Public
Works, as stated in the referral dated December 11, 2013.
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.
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.
D. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0054.
2) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
3) The attached Development Standards.
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.
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5) The applicant shall delineate all approved access roads will be
created off CR 89 and CR 118 for the Keota and Redtail
substations respectively. Tri-State has submitted Access Road
Permit Applications (AP13-00358 and AP13-00372) and will
comply with all County design standards.
6) CRs 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 buildout. 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.
7) CR 390 is designated on the Weld County Road Classification
Plan as a collector road, which requires 80 feet of right-of-way at
full buildout. There is presently 60 feet of right-of-way. An
additional 10 feet shall be delineated on the plat as future CR 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.
8) The "Fall Zone" location for the 250-foot in height Communication
Tower.
2. One month prior to construction activities:
A. The applicant shall contact the Permitting/Inspection agent for Weld
County Department of 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.
B. A vehicle tracking pad will be required at all crossings to keep from
tracking mud or debris onto Weld County roads, and at both substation
locations.
C. The applicant shall submit evidence of an Air Pollution Emission Notice
(APEN) application from the Air Pollution Control Division, Colorado
Department of Public Health and Environment. Alternately, the applicant
can provide evidence from the APCD that they are not subject to these
requirements.
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3. Upon completion of Condition of Approval #1 and #2 above, the applicant shall
submit an electronic version (.pdf), or three (3) paper copies, of the plat to the
Weld County Department of Planning Services for preliminary approval. The plat
shall be prepared in accordance with the requirements of Section 23-2-260.D of
the Weld County Code. Upon approval of the plat, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat and additional requirements shall be submitted within one
hundred twenty (120) days from the date of the Board of County Commissioners
Resolution. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The applicant shall
be responsible for paying the recording fee.
4. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall added for each additional three (3)
month period.
5. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). 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.
6. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of February, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: I� � '
�1� Do}�glas ftademac e �1` Fesr, air
Weld County Clerk to the Board ♦�'�+�
n n ' *y rbara Kirkmeyer, •ro-Tem
BY: a�• J '0. -(-j i I .� _
( — ,
De Clerk to the Boa � �
p
an P. Conway
A D A M: a .# I) 1 .1L-J
Mike Fr n
Co n y Attorney
i liam F. Garcia
Date of signature: 1 L4
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TRI-STATE GENERATION AND TRANSMISSION, INC.
USR13-0054
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0054, is
for a Major Facility of a Public Utility (two (2) 115kV Transmission Lines extending
approximately 24.7 miles and two (2) substations — Keota at the west terminal and
Redtail at the east terminal) and one (1) 250-foot Telecommunication Tower located at
the Keota Substation in the A (Agricultural) Zone District, subject to the Development
Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
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.
4 There shall be no parking or staging on Weld County Roads. The applicant shall utilize
the private easements or rights-of-way.
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.
6. A Right-of-Way Permit will be required at each County Road crossing, along with
approved signing details. The applicant shall work with the Weld County Public Works
Utility Coordinator.
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.
8. All parking and vehicle storage shall be provided on site; parking shall not be permitted
within any public right-of-way.
9. Since more than one (1) acre is to be disturbed (Keota/Redtail), a Weld County Grading
Permit will be required prior to the start of construction.
10. Building Permits maybe required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2011 National Electrical Code. A Building Permit
Application must be completed and two (2) 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 Colorado registered
engineer shall be required or an Open Hole Inspection.
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11. At both substation locations, the historical flow patterns and runoff amounts will be
maintained on-site.
12. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
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, Section 30-20-100.5, C.R.S.
14. Waste materials shall be handled, stored, and disposed of 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.
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.
16. Adequate toilet facilities (portable toilets) and hand washing units shall be provided
during construction of the project.
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.
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.
19. The operation shall comply with all applicable rules and regulations of the state and
federal agencies and the Weld County Code.
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, they do not interfere with public safety communications, and are
within the tower's structural limits.
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.
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.
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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 Programs.
24. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
25. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
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.
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.
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.
29. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat and recognized at all times.
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