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HomeMy WebLinkAbout20110656 PLANNED UNIT DEVELOPMENT (PUD) CHANGE OF ZONE APPLICATION • FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# /$ CASE it ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 0 2 0 3 - 1 9 - 0 _ 0 0 . 0 0 3 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us) (Include all lots being included in the application area.If additional space is required,attach an additional sheet.) Legal Description 19676 All 19 11 66 , Section 19 ,Township 11 1 North, Range 66 West Property Address (If Applicable) n/a Existing Zone District: AG Proposed Zone District: PUD Total Acreage: 664.13 Proposed#/Lots 1 Average Lot Size: n/a Minimum Lot Size: n/a Proposed Subdivision Name: Niobrara Energy Pk. Proposed Area (Acres) Open Space: TBD Are you applying for Conceptual or Specific Guide? Conceptual 0 Specific 0 FEE OWNER(S)OF THE PROPERTY(If additional space is required,attach an additional sheet.) Name: Niobrara Energy Park LLC Work Phone# 970.612.4100 Home Phone# Email Address craig@harrisionresource.com Address: 2725 Rocky Mountain Ave.,Suite 400 City/State/Zip Code Loveland CO 80538 • APPLICANT OR AUTHORIZED AGENT(See Below Authorization must accompany applications signed by Authorized Agent) Name: Same as owner Work Phone# Home Phone# Email Address Address: City/State/Zip Code UTILITIES: Water: Individual well Sewer: ISDS Septic System Gas: Propane Electric: Poudre Valley REA Phone: Fiber optic backbone-approx.3900'east DISTRICTS: School: Ault-Highland RE-9 • Fire: Nunn Post: Carr I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. I (we),the undersigned, hereby request hearings before the Weld Count 'ng Commission and the Board of County Commissioners the proposed Change of Zone forth I scribed unincorporated area of Weld County, Colora . I- 7- 1 ( E - 1 - t ( Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date • EXHIBIT 2011-0656 a7 No Weld County Public Works Dept. 3-' # < 1111H Street ACCESS PERMIT o o„ r„ P.O. Box 758 APPLICATION FORM 'i• i Q`- Greeley,CO 80632 L/C w0 Phone: (970)304-6496 Fax: (970)304-6497 Applicant Property Owner(If different than Applicant) Name Craig Harrison Name Rawah Resources,LLC Company Niobrara Energy Park,LLC Address 2725 Rocky Mountain Avenue,Suite 400 Address 2725 Rocky Mountain Avenue,Suite 400 City Loveland State CO Zip 80538 City Loveland State CO Zip 80538 Phone (970)612-4100 Business Phone (970)612-4100 Fax (970)612-4106 Fax (970)612-4106 E-mail craig@harrisonresource.com E-mail craig@harrisonresource.com ♦= Existing Access A= Proposed Access Parcel Location&Sketch The access is on WCR 126 Nearest Intersection:WCR 126 &WCR US Hwy 85 WCR �V Distance from Intersection 3/4 mile Parcel Number 020319000003 S Section/Township/Range 19/11/66 .r CC C •Is there an existing access to the property?OYES NO 0 N 3 yr 3 Number of Existing Accesses N/A / e:cr�-es ?s - ' Road Surface Type&Construction Information \y V Asphalt El Gravel O Treated O Other — WCR mite \ Culvert Size&Type unknown at this time (2-If Materials used to construct Access asphalt Construction Start Date unkown Finish Date unknown Proposed Use °Temporary(Tracking Pad Required)/$75 °Single Residential/$75 ®Industrial/$150 °Small Commercial or Oil&Gas/$75 °Large Commercial/$150 °Subdivision/$150 °Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? ONo OUSR ORE ®PUD °Other Required Attached Documents - Traffic Control Plan -Certificate of Insurance -Access Pictures (From the Left, Right, & into the access) By accepting this permit,the undersigned Applicant,under penalty of perjury,verifies that they have received all pages of the permit application;they have read and understand all of the permit requirements and provisions set forth on all pages;that they have the authority to sign for and bind the Applicant,if the Applicant is a corporation or other entity;and that by virtue of their signature the •pplicant is bound by and agrees to comply with all said permit requirements and provisions,all Weld County ordinances, and state laws regarding facilities construction. Signature Printed Name Date Approval or Denial will be issued in minimum of 5 days. Approved by Revised Date 6/29/10 �VyJ Weld County Public Works Dept. -4 1111 H Street ACCESS PERMIT �7;5.0r y% P.O. Box 758 G•4`, . Greeley,CO 80632 APPLICATION FORM </CwPhone: (970)304-6496 Fax: (970)304-6497 Applicant Property Owner(If different than Applicant) Name C ( (n1� N „ • , - Name ecLrYtc GLVj ap1111( alt- Company \(1t;Ufti�� `'Cef7-ADU cc (S {.-C Address Address 2725 tktCH *I1(1 Acst1 61,44/40 City State Zip City Ltv and State 0) Zip U0G Phone Business Phonel t1CD U 2— 'UDC) Fax Fax ‘17C 't E-mail E-mail CfO.( 0U11V5OflI LC3riCi.cor ' A=Existing Access A= Proposed Access • Parcel Location&Sketch The access is on WCR i 2G' Nearest Intersection:WCR 1,G.,O &ArcleFr tJ16 85 WCR Distance from Intersection appl1b)( `S"lc- 01 Parcel Number O2O9)\1 3 oc 0 00 /��Section/Township/Range �"l — I 1— It 1F' T 5 r 6 • Is there an existing access to the property? YES NO N 3 3 Number of Existing Accesses Road Surface Type &Construction Information Asphalt `� Gravel Treated Other A wca l Culvert Size &Type aAAV N, 01 -U, s hYV.t' Materials used to construct Access /^6Q y W1\k/ , Construction Start Date Finish Date Proposed Use �tA.Vl.fi\0W1?1 &t t(AL5 +lyfC- c Temporary (Tracking Pad Required)/$75 o Single Residential/$75 ra industrial/$150 c'Small Commercial or Oil&Gas/$75 o Large Commercial/$150 o Subdivision/$150 o Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? c No o USR E RE o PUD olOther '76/)c . Required Attached Documents -Traffic Control Plan -Certificate of Insurance -Access Pictures(From the Left, Right, & into the access) By accepting this permit,the undersigned Applicant,under penalty of perjury,verifies that they have received all pages of the permit application:they have read and understand all of the permit requirements and provisions set forth on all pages;that they have the authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity; and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances,and state laws • regarding facilities construction. Signature Printed Name Date Approval or Denial will be issued in minimum of 5 days. Approved by Revised Date 6/29/10 Kim Ogle From: David Bauer �ent: Friday, February 18, 2011 11:35 AM o: Kim Ogle Cc: Donald Carroll; Clayton D. Kimmi; Heidi Hansen; Janet Carter Subject: Harrison Niobrara Draft Resolution Attachments: Edited Resolution 2-18-11.doc; Edited Resolution W Chgs Accpted 2-18-11.doc Kim, Attached is our latest attempt at the resolution for the Harrison Niobrara Energy Park. I'm sending you both the mark- up that has a few changes to the one you prepared with our first edits, and I'm sending that same document with all our changes accepted—I couldn't read it in the markup—too messy. Note that we moved the Improvements Agreement submittal to "Prior to Recording the Plat"—that because we usually do it that way and include anything that came up in the hearings. We also further consolidated the drainage items—we can specify what we want in our comments on the submitted reports, we don't need to clutter up the resolution. Do look at what was item AC (now deleted)—we don't need that drawing/plan—it will be part of the drainage report and construction drawings anyway. We tweaked item AD language regarding correcting the plat to show the actual location of the curve on WCR 126. Item 6B basically re-states the requirements of the first Final Plat drainage report for each Subsequent plat, and each of those must conform to the Master Drainage plan. • Let me know if you have any comments—we reduced the thing down to 6 pages !! Any points awarded for that?? David Bauer, P.E., CFM Weld County Engineer - Development Weld County Public Works P.O. Box 758 Greeley, Colorado 80632 (970) 304-6496 Jas' x W CPR;C(y%� Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. • 1 • II= GROUP larxiscapearchdecture I planning I ilusfabo' February 1, 2011 RE: Niobrara Energy Park Meeting with Weld County Planning Staff Agenda Items of discussion In order to have a productive Planning Commission meeting, what do we need to do? 1. Staff support/ staff's position 2. Any potential problems 3. Referrals at the 24th hour Other questions/clarifications: 1. Division of Wildlife— ECS report now 2. Marketing trailer 3. Division of Water Resources - subdivision 4. Development Guide—conceptual vs. specific 5. Referrals and process at time of Final Plan review 6. Timing of Final Plan review 7. Request that all appeals go to BCC instead of BOA • • 444 Mountain Ave. m. 970532Y 91 Berthoud,CO8 513 WEB TBGroup.us = GROUP • lardscapeadrtec>,re I I tstraion February 4, 2011 RE: Niobrara Energy Park Meeting with Weld County Planning Staff Agenda Items of discussion In order to have a productive Planning Commission meeting, what do we need to do? 1. Staff support/ staff's position q tor oNi wI 1vn;Ee_- 2. Any potential problems 3. Referrals at the 24'' hour Other questions / clarifications: 1. Division of Wildlife — ECS report now (au,- v)ett,,) 2. Marketing trailer ftvc-yr /sr ti-644uc0, 3. Division of Water Resources - subdivision 4. Development Guide —conceptual vs. specific 5. Referrals and process at time of Final Plan review 6. Timing of Final Plan review 7. Request that all appeals go to BCC instead of BOA • • 444 Mountain Ave. TEL 970.5:V.5891 Batha4,CO80513 I WEB TBGroup.us NIOBRARA ENERGY PARK • HORIZONTAL OIL SERVICES / RENEWABLES / RESEARCH January 24,2011 Mr. Kim Ogle Department of Planning Services Greeley Planning Office 1555 N. 17th Avenue Greeley,Colorado 80631 Re: Niobrara Energy Park PUD Change of Zone Dear M.. Ogle, The Niobrara Energy Park consists of 635 acres located 2 miles east of Carr,between Interstate-25 and Highway 85. The park could provide land uses that support and expand the development of energy resources in Weld County. hi February 2010,news of EOG Resources' horizontal well in Weld County, Colorado, astonished oil companies and investors across the country. The famous "Jake"well, which taps into the Niobrara formation, flowed an average of 1,750 bbl. of oil and 360,000 cu. ft. of gas a day for eight days straight. Over the next 12 months,the Jake produced over 80,000 barrels of oil. Oil companies from around the world have been coming to the area to buy land mineral leases, including Chesapeake Energy,Noble Energy, Anadarko, Continental Resources, • Gulfport Energy Corporation, Rex Energy Corporation, Slawson Exploration and Devon Energy. The site of the Niobrara Energy Park is in the heart of this activity. The Niobrara Energy Park could be a revolutionary center that may integrate fossil fuel,natural gas and renewable energy sources, including solar and other renewables as electrical generation facilities. It could produce energy in the most efficient and environmentally responsible manner possible. Energy storage facilities on site would help accommodate peak demands. Secondly, the site may provide facilities catering to the oil and gas industry. Finally,the Niobrara Energy Park could be a research hub where our nation's scientists, energy experts, engineers, higher education institutions, and other organizations can conduct groundbreaking energy and energy systems integration research. By combining old and new energy sources, this project could be the first"Hybrid" Energy Park in America. In the last 10 years, many businesses involved in clean or renewable energy have chosen northern Colorado as an ideal location for their clean energy initiatives,projects and businesses. Colorado Governor Bill Ritter has committed Colorado to advancing renewable energy and energy efficiency research and development,even signing into law aggressive renewable energy legislation that further solidifies Colorado's reputation as a trendsetter in the New Energy Economy. Together, many are working hard to establish our state as a leader in alternative energy development and research. Rawhide Energy Station is one of the cleanest power plants in the country, operating below all state and Federal emission standards.The station provides electricity to the cities of Fort Collins, Loveland, Longmont and Estes Park. It is located 10 miles west of the proposed Niobrara Energy • Park. Niobrara I ncigy Park 2725 Rocky Mountain A vcnuc Suite 400 I ovcland.CO 30535 The Cheyenne gas hub is one of 26 massive gas hubs in the United States. It compresses and transfers six billion cubic feet per day, which translates to approximately$11 billion in natural gas per year to • the east and south. The liquids gas line at the Cheyenne hub transports liquid gas in a southeasterly direction. It is located three miles north of the proposed Niobrara Energy Park. Xcel Energy's Ponnequin Wind Farm comprises 44 wind turbines capable of generating up to 30 megawatts. It is located six miles north of the proposed Niobrara Energy Park. Cedar Creek Wind Farm, owned by BP Wind Energy,has entered into a long-term power purchase agreement with Public Service Company of Colorado, an Xcel Energy company. Cedar Creek's location, approximately 25 miles east of the Niobrara Energy Park, allows access to existing transmission lines to deliver clean wind energy to its customers. Abound Solar, based in Loveland, produces thin-film photovoltaic modules designed to replace traditional forms of electricity generation for utility-scale commercial installations. The solar panel production facility is located 60 miles south of the proposed Niobrara Energy Park. Vestas is the world leader in supplying high-tech wind power systems, and the preferred provider of wind turbines, services and solutions in North America. Since 1979,Vestas has supplied more than 41,000 wind turbines in 65 countries. The company's North American manufacturing operations are based in Colorado,with a blade factory in Windsor and a nacelle factory in Brighton. These are just a few examples of the developments in the areas surrounding the Niobrara Energy Park. It is with great excitement that we propose our plans to support Colorado's New Energy Economy. Electric • Niobrara Energy Park's site is directly wired to the Ault substation 22 miles south, the most important load interconnect in Colorado. The park also adjoins Poudre Valley REA 7-megawatt existing Rockport substation, located immediately across the street from the property. Approximately 1 'A megawatts of this energy would be available for internal park uses. The property has one-mile frontage on a newly reconstructed double 230 kV line. Western Area Power Authority is running electricity on one of the 230 lines. Tri State Generation is running 115 kV on the second line engineered to carry 230 kV. A third, older line operated by the Western Area Power Administration is 230 kV and also parallels the park property for one mile and connects the Ault substation to the Archer substation. Gas Three major filtered gas lines parallel the east side of the property: Xcel, Colorado Interstate Gas and Kinder Morgan. These lines connect with the Cheyenne gas hub approximately three miles north of the site, which is the ideal "tie-in" location. Internet Backbone speed internet is located ' mile away from a three-mile existing AT&T empty conduit, which connects to the Rockport Fiber Re-Gen Station. Separate fiber regeneration stations contain AT&T, Level 3, Qwest and Sprint fiber backbone. The optical fiber transmission line,known as an OC-192 / STM-64x/ 10G SONET, is a network line with transmission speed up to 9953.28 Mbit/s. Location • The Niobrara Energy Park site is located 20 miles from the I-25/1-80 interchange, one of the most important crossroads for mountain region transportation servicing the Niobrara oil play. 1-25 is 5 miles to the west. US Highway 85 is % mile east. Niobrara Lnergy Park 2725 Rocky Mountain Avenue Suite 400 Loveland,CO 50538 Workforce • Approximately 307,000 people live within a 30-mile radius of the Niobrara Energy Park property, which equates to approximately 200,000 people in the general workforce and 70,000 in the 21-34 age group. The location is a 30-minute drive from Fort Collins and Greeley, Colorado,and a 20-minute drive from Cheyenne, Wyoming. In October 2009,only two Niobrara horizontal wells had been drilled in northern Colorado. As of January 2011, 251 new pennits have been issued and 75 horizontal wells have been drilled. Estimates are that each Niobrara well could yield anywhere from 250,000 barrels to 500,000 barrels, with total yields exceeding 2 billion barrels. EOG Resources is the major player, drilling 20+horizontal wells east of the Niobrara Energy Park site in 2010 alone. Another oil company has set surface casing on 22 horizontal wells on state mineral lands and plans to drill this year. Slawson has drilled three horizontal test wells near the property, one of which, "Moonshine,"reported in November 2010 that it had produced 650 barrels of oil in a 24- hour period.Noble has drilled its first test well 2 '/z miles north of the Energy Park site, and Anadarko has recently drilled two horizontal monitoring test wells south of the Energy Park site. The proposed Niobrara Energy Park has already received written support from the Colorado Office of Economic Development and International Trade, the Colorado Energy Research Institute at Colorado School of Mines, Colorado State University's Research Foundation,Upstate Colorado Economic Development and the Northern Colorado Economic Development Corporation,among many others. In summary, Niobrara Energy Park,LLC is requesting to rezone the entire section of property to PUD • in order to create a flexible entitlement and land use process that will allow the project to provide approvals in a quick and responsive way, which is critical to attract the intended users. The intent of this request is to receive approval of a flexible PUD zoning that consists of a list of intended uses for the site. Accompanying documentation includes a Change of Zone Development Guide outlining major components of the Energy Park development. It is the applicant's intent to request that the Board of County Commissioner's allow review and approval of each land use administratively. In this economy and the competitive marketplace it is critical to create a project that hits the market, is creative, flexible and responsive. We feel that with the ongoing assistance of Weld County, we can achieve these things and create a successful project that will be a great addition to the County and our region. Thank you for your consideration. We look forward to working with Weld County on this exciting new project. Sincerely, Craig Harrison • Managing Member Niohrara Inergy Park 2725 Rocky Mountain Avenue Suite 400 Loveland. CO R053R • Niobrara Energy Park Planned Unit Development (PUD) Change of Zone Development Guide January 24,2011 Component One- Environmental Impacts. 1. Noise and vibration. Noise and vibration will be regulated per Industrial standards of the Weld County Health Department and any other state or local jurisdiction standards. 2. Smoke, dust and odors. The industrial users within the proposed Energy Park will adhere to all applicable state or local jurisdiction's thresholds for smoke, dust or odors. 3. Heat,light and glare. Heat generated by a user will be mitigated as required by Weld County Code. Light and glare will be minimized by the use of diffused or down directional light sources in order to minimizes impacts on adjacent properties. 4. Visual/aesthetic impacts. Since the Energy Park is a master-planned project, each potential land use will be evaluated at the time of site plan approval. • 5. Electrical interference. There is no known electrical interference associated with potential land uses. If this occurs, it will be regulated by the PUC or other regulatory agency. 6. Water pollution. There will be a master drainage plan to address on-site water quality and quantity for stormwater runoff. Weld County and Urban Drainage criteria requires that developed stormwater quantity be limited to the 5-yr historic release rate and that"full-spectrum" detention facility design be implemented for water quality purposes. Temporary and permanent erosion control measures, or BMP's,will be implemented during construction for water quality purposes. The master drainage plan will be provided with the first Site Plan submittal to the County. An Erosion Control Plan is required to be submitted with the Change of Zone application. The Erosion Control Plan includes a comprehensive list of BMP's that may be utilized during the development and construction of the project. 7. Wastewater disposal. Once the individual uses are determined for each site plan, percolation tests will be conducted and the septic systems will be specifically engineered for each site, if septic is necessary. 8. Wetland removal. The property is in native grasslands and has been used only for grazing purposes. No known • wetlands exist on the site. 1 9. Erosion and sedimentation. The property will utilize erosion and sediment control measures, or Best Management Practices (BMP's)during construction and for final site stabilization. Erosion control measures will be • in place per local and state standards. An Erosion Control Plan is included in the Change of Zone Application submittal that includes a comprehensive list of BMP's that may be utilized during the construction of the project. 10. Excavating,filling and grading. Grading permits will be obtained for any construction that disturbs one acre or more in surface area per State of Colorado requirements. Grading permits may be required, depending on level of disturbance for each site and land use. Grading and erosion control will be per Best Management Practices. 11. Drilling,ditching and dredging. The oil and gas operations will Fe drilling for sub-surface minerals and will follow construction plans per State Statutes. 12. Mr pollution. Potential air pollution caused by the users will be regulated per local, state and federal emission standards. 13. Solid waste. Waste and trash will be contained on site in dumpsters and will be hauled off site for disposal by a commercial refuse company. • 14. Wildlife removal. The Division of Wildlife is a referral agency and will be reviewing each site as it comes in for approval. 15. Natural vegetation removal. The property will be reclaimed after construction. Any significant vegetation removed will be mitigated as deemed necessary. A Stormwater Management Plan/Report will be required by the Colorado Department of Public Health and Environment in order to receive a Stormwater Discharge Permit for construction. This report will aid the site contractors in determining areas of the site where vegetation removal is appropriate, and where it is not. The Stormwater Management Plan will also describe in more specific terms the replacement seeding and/or vegetation types. 16. Radiation/radioactive material. If any use produces radiation by industrial processing, it will have to adhere to all applicable federal regulations. 17. Drinking water source. Applicant will not divide the Property into less than 35 acre parcels. Accordingly, this PUD will not be a"subdivision"at change of zone or at the time of final plat,because it is within an exception to the definition of"subdivision" found at C.R.S. § 30-28-10100)and Weld County Code § 24-1-40,both of which expressly exclude divisions of land into lots of 35 acres or greater • from the definition of"subdivision." Applicant has already obtained four(4) exempt 2 commercial well permits from the Division of Water Resources, each associated with different quarter-quarter sections of the Property. Applicant will not divide the property into less than 35 acre parcels and will comply with the requirements of commercial exempt wells. • 18. Traffic impacts. The developer acknowledges that there may be impacts to the local road and regional highway networks and is prepared to work with the State and County representatives in developing viable solutions to mitigate these transportation related impacts. As each site develops, traffic impact studies will be prepared to determine impacts and improvements. The park will pay its pro-rata share of any required improvements to the roadway system Component Two—Service Provision Impacts. 1. Schools. The Energy Park is located within the Ault-Highland (RE-9) school district. The site will contain industrial uses and not residential uses. However, the energy/gas/oil industry will create new jobs and more people with families moving into the area, thus creating a potential impact on the current school system. 2. Law Enforcement. The Weld County Sheriff will provide law enforcement to this development. 3. Fire Protection. Fire protection will be provided by the Nunn Volunteer Fire Department, located in the Town of Nunn 16 miles to the South of the development. The applicant/developer will meet with • the fire department as uses are identified to ensure adequate services will be provided. 4. Ambulance. Weld County Paramedic Services will provide emergency medical treatment and ambulance services to the site. 5. Transportation. It is anticipated that there will be a paved main loop road through the site,with two connection points to County Road 126 with a secondary loop road off of the primary loop for access to the northwest quadrant of the site. It is anticipated that these loop roadways may require a Collector classification at full build out if traffic warrants it. A Collector roadway includes an 80' right-of-way, one lane of traffic in either direction,with a center turn lane and paved shoulder on both sides of the street. A Local classification roadway system may be required for further access into and around site pad areas, and for access into parking lot areas and loading zones. It is anticipated that there will be one or more roadway crossings of Little Owl Creek. These roadway crossings will be designed and sized to adequately convey all onsite and offsite storm drainage. The roadway system is anticipated to be paved with asphalt and it is not known at this time the extent to which curb and gutter will be incorporated into the roadway system for this site. It is not known at this time if the roadways will be within publicly dedicated right-of-way or if • the internal roadway system will be private, with private maintenance and upkeep. Note: The right-of-way will be public right-of-way with a privately maintained road. 3 6. Traffic Impacts Analysis. The developer acknowledges that there may be impacts to the local road and regional highway networks and is prepared to work with the State and County representatives in developing • viable solutions mitigate to these transportation related impacts. The developer will work specifically with CDOT regarding the potential technical transportation impacts as the application moves forward. As each site develops, traffic impact studies will be prepared to determine impacts and improvements. The park will pay its pro-rata share of any required improvements to the roadway system 7. Storm Drainage. There will be a master drainage plan to address on-site water quality and quantity for stormwater runoff. The master drainage plan will be provided with the first Site Plan submittal to the County. Little Owl Creek is a natural drainage way through the western and central portions of the site. It is anticipated that the developed storm drainage system will direct stormwater towards this natural conveyance channel and will incorporate detention ponds as necessary to control stormwater flow to the allowable release rate into Little Owl Creek. Thus, detention ponds will most likely be sited along Little Owl Creek drainage way. Weld County and Urban Drainage criteria requires that developed stormwater quantity be limited to the 5-yr historic release rate and that"full-spectrum"detention facility design be implemented for water quality purposes. The Little Owl Creek drainage channel originates far upstream of the project site and will need to be analyzed for basin characteristics in its entirety to understand the full impact that this natural drainage course may have on the project site. Accordingly, all offsite flows entering onto the project site will be accounted for in terms of channel sizing, roadway crossings, etc. Analysis of all offsite flows will accompany the master drainage plan to be submitted with the • first user site plan. 8. Utility Provisions. It is anticipated that adequate utilities will be available to the site as follows: Water: Individual or community well per approved permits Sewer: ISDS Septic System or trucked off-site Gas: Propane available adjacent to site Electric: Poudre Valley REA available adjacent to site Phone: Fiber-optic available 3900' east 9. Water Provisions. Applicant will not divide the Property into less than 35 acre parcels. Accordingly,this PUD will not be a"subdivision"at change of zone or at the time of final plat,because it is within an exception to the definition of"subdivision"found at C.R.S. § 30-28-101O0)and Weld County Code § 24-1-40,both of which expressly exclude divisions of land into lots of 35 acres or greater from the definition of"subdivision." Applicant has already obtained four(4) exempt commercial well permits from the Division of Water Resources, each associated with different quarter-quarter sections of the Property. Applicant will not divide the property into less than 35 acre parcels and will comply with the requirements of commercial exempt wells. • 4 10. Sewage Disposal Provisions. Once the individual uses are determined for each site plan,percolation tests will be conducted • and the septic systems will be specifically engineered for each site, if sewage disposal is necessary for that use. 11. Structural Road Improvement Plan. It is anticipated that there will be a paved main loop road through the site, with two connection points to C.R. 126 with a secondary loop road off of the primary loop for access to the northwest quadrant of the site. It is anticipated that these loop roadways may require a Collector classification at full build out if traffic warrants it. A Collector roadway includes an 80'right-of-way, one lane of traffic in either direction, with a center turn lane and paved shoulder on both sides of the street. a Local classification roadway system may be required for further access into and around site pad areas, and for access into parking lot areas and loading zones. It is anticipated that there will be one or more roadway crossings of Little Owl Creek. These roadway crossings will be designed and sized to adequately convey all onsite and offsite storm drainage. The roadway system is anticipated to be paved with asphalt and it is not known at this time the extent to which curb and gutter will be incorporated into the roadway system for this site. It is not known at this time if the roadways will be within publicly dedicated right-of-way or if the internal roadway system will be private, with private maintenance and upkeep. Component Three—Landscaping Elements. • Due to the nature of the uses proposed for the Energy Park, no landscape is proposed. Based on State Statutes, the Park's water wells cannot be used for landscape irrigation. Component Four—Site Design. The conceptual site plan included in this submittal indicates potential pad sites for a wide variety of various uses.The pads are located considering the location of potential roadways, topography and natural drainage areas such as the Little Owl Creek. Energy-related uses are located on the east side of the property adjacent to the substation and power lines. Natural drainage would be utilized as natural storm water transportation channels and for storm water detention. The amount and types of industrial and commercial uses will be determined as market trends dictate. Final site plans will be provided when specific uses are known for this site. Component Five—Common Open Space usage. An open space corridor or pockets of open space may be appropriate along or near the Little Owl Creek drainage. Little Owl Creek will be the natural confluence for stormwater runoff on the site and will dictate,to some degree, the developed runoff patterns for the project site. Therefore, open channels for stormwater and detention facilities will likely be positioned along Little Owl Creek. Certain types of open and more natural stormwater facilities are often paired with open space areas.Native vegetation like prairie grasses would be typical of this type of open space and would allow detention ponds to blend more naturally with the surrounding areas. A pedestrian trail along the natural drainage route, which could double as an access roadway for stormwater facility maintenance,could provide lunch-time recreation and access to open space for employees • of the Energy Park. 5 A master stormwater drainage plan, to be prepared in the future when site specific users are determined will address how developed stormwater components can be incorporated into the natural topography and open space areas. • Component Six—Signage. Any signage associated with the Energy Park will meet the requirements of Chapter 23 of the Weld County Code. Component Seven— RUA Impact. The Energy Park is not located within a RUA. Component Eight—Intergovernmental Agreement Impacts. There are no IGA's associated with the Niobrara Energy Park PUD. • • 6 • Niobrara Energy Park Planned Unit Development (PUD) Summary of Concerns/Responses to Referral Agency Comments January 24,2011 1. Weld County Department of Public Health and Environment The Weld County Department of Public Health and Environment provided comments in a memo dated January 10, 2011, that indicated that any temporary water source would require approval from either the Board of Health,if a cistern is utilized, or the Board of County Commissioners if bottled water is supplied. We are requesting approval at this time to be able to utilize temporary water sources for this project, either via storage in a cistern or imported bottled water should the need arise. The letter also noted that there are no preliminary percolation test results provided at this time and was asking that percolation data be provided with the Change of Zone submittal. However, this letter acknowledged that individual percolation tests will be required for each lot when septic permits are applied for. It was agreed upon in the phone conversation between Craig, Trevor,Tom, and Kim on January 6, 2011.that it is indeed more logical to provide percolation test data at the time of Site Plan and will accompany individual septic permits.Therefore, no percolation test data will be provided at this time. 2. Weld County Emergency Management Office No comments received at time of Sketch Plan referral. • 3. Weld County Sheriff's Office No comments received at time of Sketch Plan referral. 4. Weld County Public Works Site Plan—the Change of Zone plat submitted with the Change of Zone application will simply show the boundary of the PUD. It will not include a roadway network with dedicated rights-of- way at this time. Due to the conceptual nature of the site layout at this time it would be very premature to show any roadway alignments or dedicate any rights-of-way. Drainage Analysis—The Public Works comments asked that a Change of Zone drainage report be submitted with the Change of Zone application and plat to include the following details: existing and proposed culverts, overall drainage area boundary, sub-basin boundaries, flow arrows, detention ponds, vicinity map showing the offsite drainage basins,hydrologic and hydraulic computations for onsite and offsite flows,culvert sizing at CR 126, channel location and sizing; also including a proposed grading plan showing channels, swales, detention areas, access roads,and building sites. However, due to the conceptual nature of the site layout at this time, it would be premature to include any drainage computations or proposed grading plans at this time, thus is was agreed upon in the phone conversation with County staff on January 3, 2011, that a master drainage plan will need to be developed for the entire site when the first user comes in,which will also be concurrent with the Final Plat.The master drainage plan will better be able to address all the above noted items in a report when the first user comes on line. Also noted in the phone conversation by staff on January 3`d, the offsite flows in Little Owl Creek may be significant and are of concern. Staff expressed the need to determine the • magnitude of offsite flows so that the client is aware of all potential ramifications of the offsite flows passing through the site such as roadway crossings and channel sizing. The applicant, 1 Craig, acknowledged that the flows may be significant,but that determining their magnitude at this point is untimely, but agreed that understanding these in the future is imperative. • An Erosion Control Plan showing a comprehensive list of BMP's that may be utilized during the development of this project is included with the Change of Zone application, as per the application checklist, and to show that we are anticipating a responsible course of action as it relates to the handling of water quality and erosion control during the development for this site. Traffic Analysis—The Public Works comments asked that a detailed traffic study be submitted with the Change of Zone application. However, it was agreed upon in a phone conversation with County staff on January 3, 2011,that detailed traffic analysis and reports will be submitted for each user or site application that comes in. Thus, each user may trigger a traffic load threshold that may require some sort of roadway improvement. The applicant, Craig Harrison and his development team will need to decide how to handle the phasing and funding of roadway improvements. It is acknowledged, as stated in the comments, that the project will be responsible for funding roadway improvements triggered by this development,and that the two existing accesses allowed off of CR 126 will be utilized and that other accesses on CR 126 will not be granted. Geotechnical Soils Report—The Public Works comments asked that a revised geotechnical report be submitted with the Change of Zone application to include a preliminary pavement design and reference to the IBC in lieu of the UBC. The team will submit a revised geotechnical report with preliminary pavement design at the time of the first site plan. 5. Weld County Building Department The Weld County Building Department provided a referral dated December 28, 2010 and had no comments on this Rezone. • 6. Weld County Code Compliance The letter from the Department of Planning Services, dated January 5, 2011 indicated that the Weld County Department Code Compliance provided comments in a referral dated January 3, 2011. We have not received these comments to date. 7. Weld County Department of Planning Services Although 25 land use referrals were sent out and only eight agencies responded, the applicant is requesting to move forward with a Change of Zone for this property, even without benefit of discussions with all the individual referral agencies and without benefit of lengthy analysis for drainage, traffic, etc. We have acknowledged that there are issues that will need to be solved once there are end users,but that the issues don't need to be uncovered and/or solved yet. This letter also stated some requirements for the Change of Zone plat, such as: showing the internal road network for primary roads accessing from CR 126, showing existing right-of-way for all adjacent county roads and future right-of-way on CR 126, all easements and encumbrances within the PUD area,and all improvements to county road right-of-way. The Change of Zone plat will not show the internal road network for primary roads as the alignment of said roads has not yet been finalized,but it is acknowledged on the site plan and other maps provided in the Change of Zone application that this project intends to have two accesses off of CR 126. The existing right-of-way for county roads has been shown,and the future right-of- way for CR 126 is also shown. All known existing easements and encumbrances are shown. Any improvements to country roads are not shown at this time as they are not known • Finally, the applicant has been advised by County staff to provide a"Development Guide"that is neither specific nor conceptual. The Guide addresses to the best of our knowledge the eight 2 major components required in Section 27-6-10. The cover letter request that the Board of County Commissioners allow review and approval of each land use administratively. It is the applicant and design team's understanding that this Change of Zone request is to receive • approval of a flexible PUD zoning that consists of a list of intended uses for the site. 8. Weld County Ambulance Services No comments received at time of Sketch Plan referral. 9. Colorado Division of Water Resources/State Engineers Office The letter from the Division of Water Resources,dated December 8, 2010, indicated that the comments provided will not address the adequacy of water supply or the ability of the water supply plan to satisfy County regulations. Applicant will not divide the Property into less than 35 acre parcels. Accordingly,this PUD will not be a"subdivision"at change of zone or at the time of final plat,because it is within an exception to the definition of"subdivision" found at C.R.S. § 30-28-101O0)and Weld County Code § 24-1-40,both of which expressly exclude divisions of land into lots of 35 acres or greater from the definition of"subdivision." Applicant has already obtained four(4) exempt commercial well permits from the Division of Water Resources, each associated with different quarter-quarter sections of the Property. Applicant will not divide the property into less than 35 acre parcels and will comply with the requirements of commercial exempt wells. 10. Colorado Department of Transportation Per phone conversation from Gloria on January 4, 2010, there are no issues with the PUD Rezone at this time. She stated that as plans progress CDOT concerns will be primarily I-25 and Highway 85 traffic. She also acknowledged that it is early in the process and premature to require further information at this time, as long as the applicant acknowledges that transportation impacts will need to be studied and mitigated with subsequent submittals. • 11. Colorado Water Conservation Board No comments received at time of Sketch Plan referral. 12. Colorado Oil & Gas Conservation Commission No comment. 13. Colorado Division of Wildlife No comments received at time of Sketch Plan referral. 14. West Greeley Soil Conservation District Per referral received on November 30, 2010 there is no conflict with proposed plans. 15. FEMA No comments received at time of Sketch Plan referral. 16. Army Corp of Engineers No comments received at time of Sketch Plan referral. 17. FE Warren AFB No comments received at time of Sketch Plan referral. 18. WAPA • No comments received at time of Sketch Plan referral. 3 19. Weld RE-9 School District No comments received.The letter from the Department of Planning Services, dated January 5, 2011 indicated that we should meet with the school District RE-9 to discuss their • requirements/concerns with the existing school bus route as it relates to the proposed project. However, Craig Harrison stated in his phone conversation with County staff on January 6, 2011 that he did not believe the school bus route to be a relative topic at this point in time and indicated to staff that we will hold off on contacting the school district until future site plan applications warrant it. 20. Poudre Valley REA No comments received at time of Sketch Plan referral. 21. Public Service Company of Colorado/Xcel Energy Comments from letter dated January 3, 2011 duly noted. 22. Colorado Interstate Gas No comments received at time of Sketch Plan referral. 23. Kinder Morgan No comments received at time of Sketch Plan referral. 24. Tri-State Comments from referral received December 17, 2010 duly noted. 25. Nunn F-12 Fire Protection District • No comments received at time of Sketch Plan referral. 26. Postal District The letter from the Department of Planning Services, dated January 5, 2011 indicated that we should meet with the appropriate postal district to discuss the need for a common mail box location, and that the location should be shown on the Change of Zone plat. However, Craig Harrison stated in his phone conversation with County staff on January 6, 2011 that he did not believe the mail box location to be a relative topic at this point in time and indicated to staff that we will hold off on contacting the postal district until future site plan applications warrant it. • 4 • Niobrara Energy Land Use Definitions 1. Cogeneration Electric Plant -Also known as combined heat and power(cogeneration)or CHP, and total energy, is a very efficient,clean,and reliable approach to generating power and thermal energy from a single fuel source such as natural gas or biomethane. Cogeneration plants recover the"waste heat"that is otherwise discarded from conventional power generation to produce thermal energy. This energy is used to provide cooling or heating for industrial facilities, district energy systems,and commercial buildings. Through"waste heat recovery,"cogeneration power plants achieve typical effective electric efficiencies of 70%to 90%—a dramatic improvement over the average 33%efficiency of conventional fossil-fueled power plants. 2. Photovoltaic energy cogeneration—A system which uses solar cells to convert light into electricity. A photovoltaic system consists of multiple components, including cells, mechanical and electrical connections and mountings and means of regulating and/or modifying the electrical output. 3. Geothermal Production - Electricity generated from geothermal energy. Technologies in use include dry steam power plants, flash steam power plants and binary cycle power plants.The most common process is the steam flash process, which incorporates steam separators to take the steam from a flashing geothermal well and passes the steam through a turbine that drives an • electric generator. 4. Fuel Cell Development -A facility for the research and development of an electric cell in which the chemical energy from the oxidation of a gas fuel is converted directly to electrical energy in a continuous process. 5. Compressed Air Energy Storage(CAES)—A facility that stores energy generated at one time for use at another time. At utility scale, energy generated during periods of low energy demand(off- peak) can be released to meet higher demand(peak load)periods. There are three types of storage. (1)Adiabatic storage retains the heat produced by compression and returns it to the air when the air is expanded to generate power. (2)Diabatic storage dissipates the extra heat with intercoolers(thus approaching isothermal compression)into the atmosphere as waste. (3) Isothermal compression and expansion approaches attempt to maintain operating temperature by constant heat exchange to the environment. 6. Cloud Computing Centers-Using facilities of a third party provider on the Internet (the "cloud") to store, deploy and run applications. Cloud computing takes two forms. It may refer to "utility" computing in which only the hardware and software infrastructure(operating system, databases, etc.) are offered, or it may refer to "software as a service" (SaaS), which includes the business applications as well. Regardless whether the cloud is infrastructure only or includes applications, major features are self service, scalability and speed. • • 7. Telecom Hotel/Network Station -Is also known as a colocation centre or carrier hotel which is a type of data centre where multiple customers locate network, server and storage gear and interconnect to a variety of telecommunications and other network service provider(s)with a minimum of cost and complexity. 8. Data Center-Is a facility used to house computer systems and associated components, such as telecommunications and storage systems. It generally includes redundant or backup power supplies, redundant data communications connections, environmental controls and security devices. 9. Helipads-a common abbreviation for helicopter landing pad. It is a small, designated area, usually with a prepared surface, on a heliport, airport, landing/takeoff area,apron/ramp, or movement area used for take-off, landing, or parking helicopters. A helipad includes a touchdown area,hover point touchdown, or hover point. A helipad is denoted by the letter"H". 10. Smart Grid Facility—A facility that controls and monitors an electricity network utilizing digital technology. A smart grid delivers electricity from suppliers to consumers using two-way digital communications to control devices such as appliances at consumers'homes; this saves energy, reduces costs and increases reliability and transparency. It overlays the ordinary electrical grid with an information and net metering system, that includes smart meters. 11. Alternative Energy Creation/Manufacturing/Distribution Facility—A facility which produces • or distributes a form of energy in which the energy produced refers to any source of usable energy intended to replace fuel sources without the undesired consequences of the replaced fuels. 12. Energy Storage Technologies—A facility in which a method and specific technique for storing energy derived from some primary source in a form convenient for use at a later time when a specific energy demand is to be met, often in a different location. These types may include but are not limited to battery, flywheel(FES), chemical conversion and magnetic storage. • • Niobrara Energy Park PUD Allowed Uses: General Statement The Planned Unit Development(PUD) is intended to allow an alternative method for property owners and developers to apply flexibility in developing their land that is generally not possible under the normal application of Chapters 23 and 24 of the Weld County Code.The PUD objectives are to encourage innovations in commercial and industrial development so that the growing demands of industry and the population may be met.This includes creating a PUD that results in encouraging a more efficient use of land and economic provisions of public and private services; including the provision to provide for necessary services and amenities, while granting the flexibility in development to promote the most efficient use of the land.The PUD promotes an integrated planning model in order to achieve the above, and to address the growing demands of the County. Specific and Similar Uses Allowed as Permitted Uses By Right: 1. Utility service facilities; major facilities of public utilities such as oil, gas, solar, wind or electric generation. 2. Co-generation electric plant. 3. Electric substation. 4. Gas compressor station. 5. Gas gathering and processing facility. • 6. Oil and gas production facilities. 7. Oil and gas post production facilities. 8. Oil and gas storage facilities. 9. Oil tank farm collection and terminal facility. 10. Water disposal facility. 11. Water injection wells. 12. Storage of fresh water for hydraulic drilling and fracing operations. 13. Oil operation equipment storage. 14. Storage of sand and chemicals used in the fracture stimulation process. 15. Oil field construction equipment and material storage. 16. Photovoltaic energy cogeneration. 17. Solar energy. 18. Wind generators/turbines and hybrid wind use. 19. Alternative energy creation facility. • 20. Alternative energy manufacturing facility. 21. Alternative energy distribution facility. 22. Geothermal production. • 23. Energy storage technologies; including but not limited to batteries, flywheel(FES), chemical conversion and magnetic. 24. Fuel cell development. 25. Compressed air storage. 26. Data centers. 27. Cloud computing centers. 28. Telecom hotel/network station. 29. Research laboratories. 30. Commercial research schools. 31. Public school extension classes. 32. Police and fire stations. 33. Heavy manufacturing, processing. 34. Offices for use by operators of uses. 35. Retail sales when accessory to uses on site. 36. Microwave, commercial radio,television or other communications transmission or relay towers. • 37. Any use of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature. 38. Outdoor storage. 39. Salvage yard(in connection with energy products). 40. Asphalt or concrete batch plant. 41. Loading areas or structures. 42. Parking areas or structures. 43. Mobile homes for caretakers or security personnel. 44. Recreational facilities for the use of employees on site. 45. Areas for parking vehicles or equipment. 46. Cargo containers. 47. Helipads when they are accessory to uses. Specific Uses Excluded as Permitted Uses By Right: 1. Uranium mining and milling. 2. Coal power plants. • • Notes: • It is acknowledged that these uses, or uses similar that are related to energy and data, are emerging technologies and that the above list may not be inclusive. The intent of this zoning is to allow and encourage energy and technology uses that are consistent and compatible with the other uses in this PUD. As technology evolves and uses are requested that are NOT listed in this PUD or applicable Industrial or Commercial Zone Districts, an administrative appeal with fmal decision by the Board of County Commissioners may be requested in lieu of review by the Board of Adjustment. The developer acknowledges that uses within this PUD will undergo an Administrative Final Plat and Site Plan Review process for each individual parcel. • • NIOBRARA ENERGY PARK • HORIZONTAL OIL SERVICES / RENEWABLES / RESEARCH January 7, 2011 Mr. Kim Ogle Department of Planning Services Greeley Planning Office 1555 N. 17'h Avenue Greeley, Colorado 80631 Re: Niobrara Energy Park PUD Change of Zone Dear Mr. Ogle, The Niobrara Energy Park consists of 635 acres located 2 miles east of Can, between Interstate-25 and Highway 85. The park could provide land uses that support and expand the development of energy resources in Weld County. In February 2010, news of EOG Resources' horizontal well in Weld County, Colorado, astonished oil companies and investors across the country. The famous "Jake" well, which taps into the Niobrara formation, flowed an average of 1,750 bbl. of oil and 360,000 cu. ft. of gas a day for eight days straight. Over the next 12 months,the Jake produced over 80,000 barrels of oil. Oil companies from around the world have been coming to the area to buy land mineral leases, including Chesapeake Energy, Noble Energy, Anadarko, Continental Resources, • Gulfport Energy Corporation, Rex Energy Corporation, Slawson Exploration and Devon Energy. The site of the Niobrara Energy Park is in the heart of this activity. The Niobrara Energy Park could be a revolutionary center that may integrate fossil fuel, natural gas and renewable energy sources, including solar and other renewables as electrical generation facilities. It could produce energy in the most efficient and environmentally responsible manner possible. Energy storage facilities on site would help accommodate peak demands. Secondly, the site may provide facilities catering to the oil and gas industry. Finally, the Niobrara Energy Park could be a research hub where our nation's scientists, energy experts, engineers, higher education institutions, and other organizations can conduct groundbreaking energy and energy systems integration research. By combining old and new energy sources,this project could be the first"Hybrid"Energy Park in America. In the last 10 years, many businesses involved in clean or renewable energy have chosen northern Colorado as an ideal location for their clean energy initiatives, projects and businesses. Colorado Governor Bill Ritter has committed Colorado to advancing renewable energy and energy efficiency research and development,even signing into law aggressive renewable energy legislation that further solidifies Colorado's reputation as a trendsetter in the New Energy Economy. Together, many are working hard to establish our state as a leader in alternative energy development and research. Rawhide Energy Station is one of the cleanest power plants in the country, operating below all state and Federal emission standards. The station provides electricity to the cities of Fort Collins, Loveland, Longmont and Estes Park. It is located 10 miles west of the proposed Niobrara Energy Park. • Niobrara Energy Park 2725 Rocky Mountain Avenue Suite 400 Loveland, CO 80538 The Cheyenne gas hub is one of 26 massive gas hubs in the United States. It compresses and transfers six billion cubic feet per day, which translates to approximately $11 billion in natural gas per year to the east and south. The liquids gas line at the Cheyenne hub transports liquid gas in a southeasterly • direction. It is located three miles north of the proposed Niobrara Energy Park. Xcel Energy's Ponnequin Wind Farm comprises 44 wind turbines capable of generating up to 30 megawatts. It is located six miles north of the proposed Niobrara Energy Park. Cedar Creek Wind Farm, owned by BP Wind Energy, has entered into a long-term power purchase agreement with Public Service Company of Colorado, an Xcel Energy company. Cedar Creek's location, approximately 25 miles east of the Niobrara Energy Park, allows access to existing transmission lines to deliver clean wind energy to its customers. Abound Solar, based in Loveland, produces thin-film photovoltaic modules designed to replace traditional forms of electricity generation for utility-scale commercial installations. The solar panel production facility is located 60 miles south of the proposed Niobrara Energy Park. Vestas is the world leader in supplying high-tech wind power systems, and the preferred provider of wind turbines, services and solutions in North America. Since 1979,Vestas has supplied more than 41,000 wind turbines in 65 countries. The company's North American manufacturing operations are based in Colorado, with a blade factory in Windsor and a nacelle factory in Brighton. These are just a few examples of the developments in the areas surrounding the Niobrara Energy Park. It is with great excitement that we propose our plans to support Colorado's New Energy Economy. Electric Niobrara Energy Park's site is directly wired to the Ault substation 22 miles south,the most important • load interconnect in Colorado. The park also adjoins Poudre Valley REA 7-megawatt existing Rockport substation, located immediately across the street from the property. Approximately 1 '/2 megawatts of this energy would be available for internal park uses. The property has one-mile frontage on a newly reconstructed double 230 kV line. Western Area Power Authority is running electricity on one of the 230 lines. Tri State Generation is running 115 kV on the second line engineered to carry 230 kV. A third, older line operated by the Western Area Power Administration is 230 kV and also parallels the park property for one mile and connects the Ault substation to the Archer substation. Gas Three major filtered gas lines parallel the east side of the property: Xcel, Colorado Interstate Gas and Kinder Morgan. These lines connect with the Cheyenne gas hub approximately three miles north of the site, which is the ideal "tie-in" location. Internet Backbone speed internet is located 'mile away from a three-mile existing AT&T empty conduit, which connects to the Rockport Fiber Re-Gen Station. Separate fiber regeneration stations contain AT&T, Level 3, Qwest and Sprint fiber backbone. The optical fiber transmission line, known as an OC-192 / STM-64x/ 10G SONET, is a network line with transmission speed up to 9953.28 Mbit/s. • Niobrara Energy Park 2725 Rocky Mountain Avenue Suite 400 Loveland,CO 80538 Location The Niobrara Energy Park site is located 20 miles from the I-25/1-80 interchange, one of the most important crossroads for mountain region transportation servicing the Niobrara oil play. 1-25 is 5 • miles to the west. US Highway 85 is 1/4 mile east. Workforce Approximately 307,000 people live within a 30-mile radius of the Niobrara Energy Park property, which equates to approximately 200,000 people in the general workforce and 70,000 in the 21-34 age group. The location is a 30-minute drive from Fort Collins and Greeley, Colorado, and a 20-minute drive from Cheyenne, Wyoming. In October 2009, only two Niobrara horizontal wells had been drilled in northern Colorado. As of January 2011, 251 new permits have been issued and 75 horizontal wells have been drilled. Estimates are that each Niobrara well could yield anywhere from 250,000 barrels to 500,000 barrels, with total yields exceeding 2 billion barrels. EOG Resources is the major player, drilling 20+ horizontal wells east of the Niobrara Energy Park site in 2010 alone. Another oil company has set surface casing on 22 horizontal wells on state mineral lands and plans to drill this year. Slawson has drilled three horizontal test wells near the property, one of which, "Moonshine," reported in November 2010 that it had produced 650 barrels of oil in a 24- hour period. Noble has drilled its first test well 2 1/2 miles north of the Energy Park site, and Anadarko has recently drilled two horizontal monitoring test wells south of the Energy Park site. The proposed Niobrara Energy Park has already received written support from the Colorado Office of Economic Development and International Trade,the Colorado Energy Research Institute at Colorado • School of Mines, Colorado State University's Research Foundation, Upstate Colorado Economic Development and the Northern Colorado Economic Development Corporation, among many others. In summary, Niobrara Energy Park, LLC is requesting to rezone the entire section of property to PUD in order to create a flexible entitlement and land use process that will allow the project to provide approvals in a quick and responsive way, which is critical to attract the intended users. The intent of this request is to receive approval of a flexible PUD zoning that consists of a list of intended uses for the site. Accompanying documentation includes a Change of Zone Development Guide outlining major components of the Energy Park development. Subsequent Final Plat and Site Plan Review are requested to be reviewed and approved administratively. In this economy and the competitive marketplace it is critical to create a project that hits the market, is creative, flexible and responsive. We feel that with the ongoing assistance of Weld County, we can achieve these things and create a successful project that will be a great addition to the County and our region. Thank you for your consideration. We look forward to working with Weld County on this exciting new project. Since Craig Harrison Managing Member • Niobrara Energy Park 2725 Rocky Mountain Avenue Suite 400 Loveland, CO 80538 . t • Niobrara Energy Park Planned Unit Development(PUD) Change of Zone Development Guide January 7,2011 Component One - Environmental Impacts. 1. Noise and vibration. Noise and vibration will be regulated per Industrial standards of the Weld County Health Department and any other state or local jurisdiction standards. 2. Smoke, dust and odors. The industrial users within the proposed Energy Park will adhere to all applicable state or local jurisdiction's thresholds for smoke, dust or odors. 3. Heat,light and glare. Heat generated by a user will be mitigated as required by Weld County Code. Light and glare will be minimized by the use of diffused or down directional light sources in order to minimizes impacts on adjacent properties. 4. Visual/aesthetic impacts. Since the Energy Park is a master-planned project, each potential land use will be evaluated at • the time of site plan approval. 5. Electrical interference. There is no known electrical interference associated with potential land uses. If this occurs, it will be regulated by the PUC or other regulatory agency. 6. Water pollution. There will be a master drainage plan to address on-site water quality and quantity for stormwater runoff. Weld County and Urban Drainage criteria requires that developed stormwater quantity be limited to the 5-yr historic release rate and that "full-spectrum" detention facility design be implemented for water quality purposes.Temporary and permanent erosion control measures, or BMP's, will be implemented during construction for water quality purposes.The master drainage plan will be provided with the first Site Plan submittal to the County. An Erosion Control Plan is required to be submitted with the Change of Zone application. The Erosion Control Plan includes a comprehensive list of BMP's that may be utilized during the development and construction of the project. 7. Wastewater disposal. Once the individual uses are determined for each site plan, percolation tests will be conducted and the septic systems will be specifically engineered for each site, if septic is necessary. 8. Wetland removal. The property is in native grasslands and has been used only for grazing purposes. No known • wetlands exist on the site. 1 I 9. Erosion and sedimentation. The property will utilize erosion and sediment control measures, or Best Management Practices • (BMP's)during construction and for final site stabilization. Erosion control measures will be in place per local and state standards. An Erosion Control Plan is included in the Change of Zone Application submittal that includes a comprehensive list of BMP's that may be utilized during the construction of the project. 10. Excavating,filling and grading. Grading permits will be obtained for any construction that disturbs one acre or more in surface area per State of Colorado requirements. Grading permits may be required, depending on level of disturbance for each site and land use. Grading and erosion control will be per Best Management Practices. 11. Drilling,ditching and dredging. The oil and gas operations will be drilling for sub-surface minerals and will follow construction plans per State Statutes. 12. Air pollution. Potential air pollution caused by the users will be regulated per local, state and federal emission standards. 13. Solid waste. Waste and trash will be contained on site in dumpsters and will be hauled off site for disposal by a commercial refuse company. • 14. Wildlife removal. The Division of Wildlife is a referral agency and will be reviewing each site as it comes in for approval. 15. Natural vegetation removal. The property will be reclaimed after construction. Any significant vegetation removed will be mitigated as deemed necessary. A Stormwater Management Plan/Report will be required by the Colorado Department of Public Health and Environment in order to receive a Stormwater Discharge Permit for construction. This report will aid the site contractors in determining areas of the site where vegetation removal is appropriate, and where it is not. The Stormwater Management Plan will also describe in more specific terms the replacement seeding and/or vegetation types. 16. Radiation/radioactive material. If any use produces radiation by industrial processing, it will have to adhere to all applicable federal regulations. 17. Drinking water source. Four commercial well permits have been received from the State to provide commercial in- house water. The commercial exempt well permits allow for commercial uses and it has been acknowledged that these permits do not allow for domestic(residential), industrial, or • landscape uses. Well permit numbers are: 284364, 284365, 284366, and 284367. Copies of the 2 well permits are included here for reference. If additional water is required, the applicant will comply with all Colorado Division of Water Resources and State requirements. • 18. Traffic impacts. The developer acknowledges that there may be impacts to the local road and regional highway networks and is prepared to work with the State and County representatives in developing viable solutions to mitigate these transportation related impacts. As each site develops, traffic impact studies will be prepared to determine impacts and improvements. The park will pay its pro-rata share of any required improvements to the roadway system Component Two— Service Provision Impacts. 1. Schools. The Energy Park is located within the Ault-Highland (RE-9) school district. The site will contain industrial uses and not residential uses. However, the energy/gas/oil industry will create new jobs and more people with families moving into the area, thus creating a potential impact on the current school system. 2. Law Enforcement. The project is within the Weld County Law Enforcement District. The Weld County Sheriff will provide law enforcement to this development. 3. Fire Protection. Fire protection will be provided by the Nunn Volunteer Fire Department, located in the Town of Nunn 16 miles to the South of the development. The applicant/developer will meet with • the fire department as uses are identified to ensure adequate services will be provided. 4. Ambulance. Weld County Paramedic Services will provide emergency medical treatment and ambulance services to the site. 5. Transportation. It is anticipated that there will be a paved main loop road through the site, with two connection points to County Road 126 with a secondary loop road off of the primary loop for access to the northwest quadrant of the site. It is anticipated that these loop roadways may require a Collector classification at full build out if traffic warrants it. A Collector roadway includes an 80' right-of-way, one lane of traffic in either direction,with a center turn lane and paved shoulder on both sides of the street. A Local classification roadway system may be required for further access into and around site pad areas, and for access into parking lot areas and loading zones. It is anticipated that there will be one or more roadway crossings of Little Owl Creek. These roadway crossings will be designed and sized to adequately convey all onsite and offsite storm drainage. The roadway system is anticipated to be paved with asphalt and it is not known at this time the extent to which curb and gutter will be incorporated into the roadway system for this site. It is not known at this time if the roadways will be within publicly dedicated right-of-way or if the internal roadway system will be private, with private maintenance and upkeep. Note: The • right-of-way will be public right-of-way with a privately maintained road. 3 6. Traffic Impacts Analysis. The developer acknowledges that there may be impacts to the local road and regional highway • networks and is prepared to work with the State and County representatives in developing viable solutions mitigate to these transportation related impacts. The developer will work specifically with CDOT regarding the potential technical transportation impacts as the application moves forward. As each site develops, traffic impact studies will be prepared to determine impacts and improvements. The park will pay its pro-rata share of any required improvements to the roadway system 7. Storm Drainage. There will be a master drainage plan to address on-site water quality and quantity for stormwater runoff. The master drainage plan will be provided with the first Site Plan submittal to the County. Little Owl Creek is a natural drainage way through the western and central portions of the site. It is anticipated that the developed storm drainage system will direct stormwater towards this natural conveyance channel and will incorporate detention ponds as necessary to control stormwater flow to the allowable release rate into Little Owl Creek. Thus, detention ponds will most likely be sited along Little Owl Creek drainage way. Weld County and Urban Drainage criteria requires that developed stormwater quantity be limited to the 5-yr historic release rate and that "full-spectrum"detention facility design be implemented for water quality purposes. The Little Owl Creek drainage channel originates far upstream of the project site and will need to be analyzed for basin characteristics in its entirety to understand the full impact that this natural drainage course may have on the project site. Accordingly, all offsite flows entering onto the project site will be accounted for in terms of channel sizing, roadway crossings, etc. • Analysis of all offsite flows will accompany the master drainage plan to be submitted with the first user site plan. 8. Utility Provisions. It is anticipated that adequate utilities will be available to the site as follows: Water: Individual or community well per approved permits Sewer: ISDS Septic System or trucked off-site Gas: Propane available adjacent to site Electric: Poudre Valley REA available adjacent to site Phone: Fiber-optic available 3900' east 9. Water Provisions. Four commercial well permits have been received from the State to provide commercial in- house water. The commercial exempt well permits allow for commercial uses and it has been acknowledged that these permits do not allow for domestic(residential), industrial, or landscape uses. Well permit numbers are: 284364, 284365,284366, and 284367. Copies of the well permits are included here for reference. If additional water is required, the applicant will comply with all Colorado Division of Water Resources and State requirements. 10. Sewage Disposal Provisions. Once the individual uses are determined for each site plan, percolation tests will be conducted • and the septic systems will be specifically engineered for each site, if sewage disposal is necessary for that use. 4 t • 11. Structural Road Improvement Plan. It is anticipated that there will be a paved main loop road through the site, with two connection points to C.R. 126 with a secondary loop road off of the primary loop for access to the northwest quadrant of the site. It is anticipated that these loop roadways may require a Collector classification at full build out if traffic warrants it. A Collector roadway includes an 80'right-of-way, one lane of traffic in either direction, with a center turn lane and paved shoulder on both sides of the street. a Local classification roadway system may be required for further access into and around site pad areas, and for access into parking lot areas and loading zones. It is anticipated that there will be one or more roadway crossings of Little Owl Creek. These roadway crossings will be designed and sized to adequately convey all onsite and offsite storm drainage. The roadway system is anticipated to be paved with asphalt and it is not known at this time the extent to which curb and gutter will be incorporated into the roadway system for this site. It is not known at this time if the roadways will be within publicly dedicated right-of-way or if the internal roadway system will be private,with private maintenance and upkeep. Component Three—Landscaping Elements. Due to the nature of the uses proposed for the Energy Park, no landscape is proposed. Based on State Statutes,the Park's water wells cannot be used for landscape irrigation. • Component Four—Site Design. The conceptual site plan included in this submittal indicates potential pad sites for a wide variety of various uses. The pads are located considering the location of potential roadways,topography and natural drainage areas such as the Little Owl Creek. Energy-related uses are located on the east side of the property adjacent to the substation and power lines. Natural drainage would be utilized as natural storm water transportation channels and for storm water detention. The amount and types of industrial and commercial uses will be determined as market trends dictate. Final site plans will be provided when specific uses are known for this site. Component Five— Common Open Space usage. An open space corridor or pockets of open space may be appropriate along or near the Little Owl Creek drainage. Little Owl Creek will be the natural confluence for stormwater runoff on the site and will dictate,to some degree, the developed runoff patterns for the project site. Therefore, open channels for stormwater and detention facilities will likely be positioned along Little Owl Creek. Certain types of open and more natural stormwater facilities are often paired with open space areas. Native vegetation like prairie grasses would be typical of this type of open space and would allow detention ponds to blend more naturally with the surrounding areas. A pedestrian trail along the natural drainage route,which could double as an access roadway for stormwater facility maintenance, could provide lunch-time recreation and access to open space for employees of the Energy Park. • A master stormwater drainage plan, to be prepared in the future when site specific users are determined will address how developed stormwater components can be incorporated into the 5 t natural topography and open space areas. Component Six—Signage. • Any signage associated with the Energy Park will meet the requirements of Chapter 23 and 26 of the Weld County Code. Component Seven—RUA Impact. The Energy Park is not located within a RUA. Component Eight—Intergovernmental Agreement Impacts. There are no IGA's associated with the Niobrara Energy Park PUD. • • 6 • Niobrara Energy Park Planned Unit Development(PUD) Summary of Concerns/Responses to Referral Agency Comments January 7,2011 1. Weld County Department of Public Health and Environment The Weld County Department of Public Health and Environment provided comments in a memo dated January 10,2011,that indicated that any temporary water source would require approval from either the Board of Health, if a cistern is utilized, or the Board of County Commissioners if bottled water is supplied. We are requesting approval at this time to be able to utilize temporary water sources for this project,either via storage in a cistern or imported bottled water should the need arise. The letter also noted that there are no preliminary percolation test results provided at this time and was asking that percolation data be provided with the Change of Zone submittal.However, this letter acknowledged that individual percolation tests will be required for each lot when septic permits are applied for. It was agreed upon in the phone conversation between Craig, Trevor,Tom, and Kim on January 6,2011,that it is indeed more logical to provide percolation test data at the time of Site Plan and will accompany individual septic permits. Therefore,no percolation test data will be provided at this time. 2. Weld County Emergency Management Office No comments received. • 3. Weld County Sheriffs Office No comments received. 4. Weld County Public Works Site Plan—the Change of Zone plat submitted with the Change of Zone application will simply show the boundary of the PUD. It will not include a roadway network with dedicated rights-of- way at this time. Due to the conceptual nature of the site layout at this time it would be very premature to show any roadway alignments or dedicate any rights-of-way. Drainage Analysis—The Public Works comments asked that a Change of Zone drainage report be submitted with the Change of Zone application and plat to include the following details: existing and proposed culverts,overall drainage area boundary, sub-basin boundaries,flow arrows,detention ponds,vicinity map showing the offsite drainage basins,hydrologic and hydraulic computations for onsite and offsite flows, culvert sizing at CR 126,channel location and sizing; also including a proposed grading plan showing channels, swales,detention areas, access roads, and building sites.However,due to the conceptual nature of the site layout at this time, it would be premature to include any drainage computations or proposed grading plans at this time,thus is was agreed upon in the phone conversation with County staff on January 3, 2011,that a master drainage plan will need to be developed for the entire site when the first user comes in,which will also be concurrent with the Final Plat. The master drainage plan will better be able to address all the above noted items in a report when the first user comes on line. Also noted in the phone conversation by staff on January 3r°,the offsite flows in Little Owl Creek may be significant and are of concern. Staff expressed the need to determine the • magnitude of offsite flows so that the client is aware of all potential ramifications of the offsite flows passing through the site such as roadway crossings and channel sizing. The applicant, 1 Craig,acknowledged that the flows may be significant,but that determining their magnitude at this point is untimely, but agreed that understanding these in the future is imperative. • An Erosion Control Plan showing a comprehensive list of BMP's that may be utilized during the development of this project is included with the Change of Zone application,as per the application checklist, and to show that we are anticipating a responsible course of action as it relates to the handling of water quality and erosion control during the development for this site. Traffic Analysis—The Public Works comments asked that a detailed traffic study be submitted with the Change of Zone application. However, it was agreed upon in a phone conversation with County staff on January 3,2011,that detailed traffic analysis and reports will be submitted for each user or site application that comes in. Thus, each user may trigger a traffic load threshold that may require some sort of roadway improvement. The applicant, Craig Harrison and his development team will need to decide how to handle the phasing and funding of roadway improvements. It is acknowledged,as stated in the comments,that the project will be responsible for funding roadway improvements triggered by this development, and that the two existing accesses allowed off of CR 126 will be utilized and that other accesses on CR 126 will not be granted. Geotechnical Soils Report—The Public Works comments asked that a revised geotechnical report be submitted with the Change of Zone application to include a preliminary pavement design and reference to the IBC in lieu of the UBC. The team will submit a revised geotechnical report with preliminary pavement design at the time of the first site plan. 5. Weld County Building Department The Weld County Building Department provided a referral dated December 28,2010 and had no comments on this Rezone. • 6. Weld County Code Compliance The letter from the Department of Planning Services,dated January 5,2011 indicated that the Weld County Department Code Compliance provided comments in a referral dated January 3, 2011. We have not received these comments to date. 7. Weld County Department of Planning Services The letter from the Department of Planning Services,dated January 5,2011 indicated that the PUD Sketch Plan map submitted delineated 17 areas or lots and that the planning staff considered that to mean 17 lots, or an"urban scale"development.As also indicated in the comments below for the Colorado Division of Water Resources,the applicant Craig Harrison agreed to limit the PUD to no more than 9 lots that would require a water source,thus the requirement for the support services such as central water, sewer,roads,and storm drainage may be modified because any lots above the 9-lot non-urban threshold will not require a water source. The applicant further understands that the Planning Department has agreed the water supply issues do not need to be addressed with this Change of Zone application and will be addressed during the referral process Although 25 land use referrals were sent out and only eight agencies responded,the applicant is requesting to move forward with a Change of Zone for this property,even without benefit of discussions with all the individual referral agencies and without benefit of lengthy analysis for drainage,traffic,etc. We have acknowledged that there are issues that will need to be solved • once there are end users,but that the issues don't need to be uncovered and/or solved yet. 2 This letter also stated some requirements for the Change of Zone plat, such as: showing the internal road network for primary roads accessing from CR 126, showing existing right-of-way for all adjacent county roads and future right-of-way on CR 126, all easements and • encumbrances within the PUD area,and all improvements to county road right-of-way. The Change of Zone plat will not show the internal road network for primary roads as the alignment of said roads has not yet been finalized,but it is acknowledged on the site plan and other maps provided in the Change of Zone application that this project intends to have two accesses off of CR 126. The existing right-of-way for county roads has been shown, and the future right-of- way for CR 126 is also shown.All known existing easements and encumbrances are shown. Any improvements to country roads are not shown at this time as they are not known Finally,the applicant has been advised by County staff to provide a"Development Guide"that is neither specific nor conceptual. The Guide addresses to the best of our knowledge the eight major components required in Section 27-6-10. It is the applicant and design team's understanding that this Change of Zone request is to receive approval of a flexible PUD zoning that consists of a list of intended uses for the site. Subsequent Final Plat and Site Plan Review are requested to be reviewed and approved administratively. 8. Weld County Ambulance Services No comments received. 9. Colorado Division of Water Resources/State Engineers Office The letter from the Division of Water Resources,dated December 8,2010, indicated that the comments provided will not address the adequacy of water supply or the ability of the water supply plan to satisfy County regulations. It is acknowledged that proving the adequacy of water supply for this project will be the responsibility of the applicant in the future,to accompany Site Plan or Final Plat submittals. • The letter acknowledged that additional water may be trucked-in for high water uses and that this type of activity would need to also be approved by the Weld County Health Department. It should be noted that the application will no longer indicate"man camps"as a potential use for trucked-in water. Four commercial well permits have been received from the State to provide commercial in- house water. The commercial exempt well permits allow for commercial uses and it has been acknowledged that these permits do not allow for domestic(residential), industrial(production uses),or landscape uses. Well permit numbers are: 284364, 284365, 284366, and 284367. It is acknowledged that the wells must be operated in accordance with their permitted terms;and if the property is to be subdivided,the cumulative effect of all wells in a subdivision will be considered when evaluating material injury to decreed water rights and the wells will need to be included in an augmentation plan. The letter from the Department of Planning Services,dated January 5.2011 states that PUD zone districts shall be serviced by an adequate water supply, and that all urban scale PUD's(10 or more lots)are to be served by a public water system as defined by Weld County Code. Per Craig Harrison's phone conversation with Trevor, Tom, and Kim on January 6, 2011, Craig agreed to limit the PUD to no more than 9 lots having a well or water supply, and any amount of lots more than 9 would not apply for or require a water source. So as resolved in that phone conversation,this team will not be providing written evidence of compliance,or of adequate water supply at this time, but that these requirements will be met in the future with Site Plan/Final Plat submittals. • 3 All relevant requirements included in the December 8,2010 letter will be complied with as appropriate at the time of development. • 10. Colorado Department of Transportation Per phone conversation from Gloria on January 4,2010,there are no issues with the PUD Rezone at this time. She stated that as plans progress CDOT concerns will be primarily I-25 and Highway 85 traffic. She also acknowledged that it is early in the process and premature to require further information at this time,as long as the applicant acknowledges that transportation impacts will need to be studied and mitigated with subsequent submittals. 11. Colorado Water Conservation Board No comments received. 12. Colorado Oil & Gas Conservation Commission No comment. 13. Colorado Division of Wildlife No comments received. 14. West Greeley Soil Conservation District Per referral received on November 30, 2010 there is no conflict with proposed plans. 15. FEMA No comments received. 16. Army Corp of Engineers • No comments received. 17. FE Warren AFB No comments received. 18. WAPA No comments received. 19.Weld RE-9 School District No comments received. The letter from the Department of Planning Services,dated January 5, 2011 indicated that we should meet with the school District RE-9 to discuss their requirements/concerns with the existing school bus route as it relates to the proposed project. However, Craig Harrison stated in his phone conversation with County staff on January 6, 2011 that he did not believe the school bus route to be a relative topic at this point in time and indicated to staff that we will hold off on contacting the school district until future site plan applications warrant it. 20. Poudre Valley REA No comments received. 21. Public Service Company of Colorado/Xcel Energy Comments from letter dated January 3, 2011 duly noted. 22. Colorado Interstate Gas • No comments received. 4 23. Kinder Morgan No comments received. • 24.Tri-State Comments from referral received December 17, 2010 duly noted. 25. Nunn F-12 Fire Protection District No comments received. 26. Postal District The letter from the Department of Planning Services, dated January 5, 2011 indicated that we should meet with the appropriate postal district to discuss the need for a common mail box location,and that the location should be shown on the Change of Zone plat. 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CC j F1 5 0 0 w 0 F- 0 0 Z 0 1 >- d U w z J Q ---_co C z co< rx 0 I}- 0 z z ce y Z 4 7 N O c Q Q. i w Y a 00 ct . — 1 Q 0 O w w WU w 0 H- C 0 0 J Q � 0 lf) ) N J >— c °° Q 2 w a W ct 0 2 O w Q Q 5 0 J >- ) c� oo Y � z a > Ua w0 O oz z0 ' Q O , Oa O L n- z 0 i z w � 00 wcn z 0 Q ce o w_ cr 411 CL 0 0 S... . 0 z = w w w CL - X COi CD z : z w Z z >- U- 3 0 S . } O re 2 a O 0 0 �- � z z Q) Q Q Z Z o � z I ry w (i)>- 0 o i >- a � w I z u) Z W Q i Q z COQ z RI • cc) C• r dlt University School of Global Environmental Sustainability IOA Johnson Hall February 10, 2011 1036 Campus Delivery Fort Collins,Colorado 80523-1036 (970)492-4215 fax:(970)492.4130 www,soges.<olostatc.ed u Mr. Craig Harrison,President Harrison Resource Corporation 2725 Rocky Mountain Avenue Suite 400 Loveland, CO 8O538 Dear Craig, Thank you for the extensive material you provided me regarding your plans for the Niobrara Energy Park, And,thank you for further spending time with me on the phone answering the many questions I posed regarding the next steps you are undertaking to move the project forward. After studying your plans for the project, I am offering my support for the Niobrara Energy Park. While there are many economic benefits to the State of Colorado and the Northern Colorado region,your • Park,as planned, fits with the hybrid clean energy model which I believe to be critical for moving down the path of developing a clean energy economy. Because the plan provides for the Park to involve both natural gas extraction,and the build out of renewable energy technologies,we benefit from demonstrating the side-by-side capability of these two endeavors. Likewise, with the transmission lines in close proximity to the park, those entities in Northern Colorado currently researching and developing smart grid technologies can partner with you to test new smart grid technologies at scale. I know you have support from a variety of those smart grid entities, and that was helpful in my decision to offer my support. Finally, it is my hope that as you build the Park,and as you focus efforts on developing renewable energy and natural gas energy production, you will look for ways to partner with the Center for The New Energy Economy at CSU,of which I am the director. Best of luck in the next stages of building the Niobrara Energy Park. Sincerely, 4. -'61.4#4104- Bill Ritter,Jr. • Director Center for The New Energy Economy Colorado State University ALc itilii .EYE -h1 £ttpro rte' • Colorado Energy Research Institute Colorado School of Mines 303/273-3506 http://www.ceri-mines.org Golden, Colorado 80401-1887 December 05, 2010 Mr. Craig Harrison, President Harrison Resource Corporation 2725 Rocky Mountain Ave Suite 400 Loveland,CO 80538 Dear Mr. Harrison, On behalf of the Colorado School of Mines, it is my great pleasure to write this letter in strong support of your planned Hybrid Energy Park in NW Weld County, Colorado. The United States and most other advance industrial nations are undergoing a dramatic change in our energy systems, driven by the dual needs for greater energy security and lower environmental impact, including reduced emissions of CO2. The greatest technical challenge in this transition is how to effectively manage the hybrid fossil plus renewable energy infrastructure that necessarily will be part of this transition. Your proposed energy park could become a national center of learning in how to best manage this kind of a change. • The proposed energy park will contain a 'base load' natural gas infrastructure,already by far the lowest emission form of all fossil energy. Secondly,the plan to add wind and solar energy generation facilities at the park(and in surrounding districts)opens the door for renewable energy backed up by gas generation, a very promising technology that already is getting a lot of support across the nation. Thirdly,and this is where your park concept moves beyond anything planned elsewhere in the U.S.,you have the option of adding energy storage facilities on the site, both for peak shavings of renewable energy and for natural gas trading counter-cyclical to the daily(and seasonal)demand pattern. The fourth novel concept that you are adding into the energy park is the one that would be of the greatest value to the research universities here in Colorado: providing facilities and access at the energy park for energy systems integration research. As mentioned above, there are great technical challenges related to the optimal design of hybrid systems. The one issue alone of optimal design of a wind farm backed up by a natural gas plant is already becoming a core. research issues that we at the Colorado School of Mines together with colleagues at NREL and COGA are starting some basic modeling research around. Adding potentially multiple wind farms,solar generators and energy storage into the mix makes it even vastly more complex,and interesting from a research perspective,because of the even greater gains in efficiency and emissions reductions that such a multi-component energy park generating facility might provide. The Colorado School of Mines,which is perhaps the only university in the U.S. that is entirely dedicated to research in `energy,earth and the environment', is very pleased to endorse your plan for this energy park. We would also be pleased to start a working partnership with you to engage our best scientists and engineers to work with your development team to ensure that the planning • and build-out of the energy park would meet these dual objectives: maximize the value of the park as an energy provider while at the same time optimize the integration of renewable and fossil energy generation facilities to provide this energy with the lowest possible environmental • footprint of any energy facility in the nation. At CSM we have a number of relevant expert faculty members in optimization analysis of complex engineering systems (of which your planned energy park is certainly one), economics modeling, solar energy (particularly photovoltaic energy), wind turbine design, and the integration of multiple wind turbines in large plants. Our professors in all these areas would certainly be quite interested in working with you on this project. Yet an additional point: part of the revenue stream for this park will come from oil produced from the Niobrara and Greenhorn formations on the property. This form of oil production is in itself quite novel, based on extraction of oil directly out of the regional `source rock',rather than localized pools of conventional oil fields, which of course is the foundation for most of the global oil industry. Here at CSM we already have team of geologists, geophysicists and petroleum engineers who are quite heavily engaged with EOG and most other `shale oil' producing companies and they would also be please to engage with you in terms of additional research on these unique oil production technologies at the energy park. Finally, let me also stress the unique research partnerships that exist between CSM, CSU, CU and NREL. There are three institutional frameworks in place for such research collaboration: the Colorado Energy Research Institute (CERI), the Colorado Renewable Energy Collaboratory, and the Alliance for Sustainable Energy. As your energy park evolves, I believe there would be opportunities for all our four research institutions to engage with you and apply the best research talents anywhere to help grow your Hybrid Energy Park into a facility that will demonstrate how • engineering optimization of hybrid energy facilities can combine the best fossil and renewable resources into a very efficient, low environmental footprint, and economically strong energy provider. Yours sincerely, Qa / ti t i lip l Dr.Dag Nummedal,Director Colorado Energy Research Institute Colorado School of Mines Golden,CO 80401 Ph: 303.384.2506 Cell:303.868.0826 nummedall:mines.edu • caL"Cmic.,aSU ctus RLMF ARCH FOUND 1ITON • . _ ILL October 29,2010 Craig, It was good meeting with you this week,and I enjoyed hearing about your Niobrara Energy Park. In fact, I can say we are very excited about the research element that we discussed. The potential to integrate oil, wind and solar in one area would be a first for our researchers here at CSU. I've now had the chance to talk with several people around campus, and everyone seems truly enthusiastic. • I amhopeful that your entitlements go well, so that we will have the opportunity to work together. /^\ S Stu MacMillan • �ICCCCCh1i( a C.d�tI`" c": CC I Ale 11 v Colorado Cleantech Industry Association , fit January 3, 2011 Mr. Craig Harrison, President Harrison Resource Corporation 2725 Rocky Mountain Avenue, Suite 400 Loveland, CO 80538 Dear Mr. Harrison: In my role at the Colorado Cleantech Industry Association(CCIA), I have had the pleasure to review the materials for the Niobrara Energy Park and am impressed by what you have put together and accomplished in such a short period of time. • I'm most pleased that you also plan to incorporate research and pilot projects on the site. Due to the potential for integration of energy sources apparent in the park and the research and development opportunities, I see tremendous promise for the involvement of Colorado's cleantech industries. I have not seen another project like yours that brings together the petroleum extraction industry, renewable energy projects, natural gas infrastructure and immediate access to the electricity grid like the Niobrara Energy Park. Please don't hesitate to call on the CCIA if we can be of any assistance moving this project forward. All the best, Christine Shapard Executive Director • Colorado C;eantech !ndns`ry Assoc!ation • 1445 Market Street Denver CD 80202 • 303.823.2890 e�ww coloradocle pile] h cum • info scoloradoc!eantech com PcatcLLrYL (Th.C f lci November 2, 2010 Mr. Craig Harrison President Harrison Resource Corporation 2725 Rocky Mountain Avenue Suite 400 Loveland, CO 80538 Dear Mr. Harrison, It was a pleasure meeting with you and learning more about the Niobrara Energy Park project. It is exciting to see the potential for creating an energy park with wind, solar, and natural gas assets. The location near the Colorado/Wyoming border is excellent for this type of project for a variety of reasons— • It is adjacent to grid and substations, without any space constraints • Wind is to the north, and coal to the west • • Excellent solar radiation • Close proximity to gas and electric hubs Other potential opportunities facilitated by this project include firming renewable power production and opening possibilities for research and development and innovative power projects. We write this letter in support of the Niobrara Energy Park and wish you the best in bringing the Park to fruition. Sincerely, Dr. Sunil Cherian CEO • 255 Linden St., Suite 201 •Fort Collins•Colorado 80524•Tel: 970.449.8500 flL(tdthhtIC 4- Lahr hcius rvta t I • From: Craig Harrison jmailto:craic@harrisonresource.coml Sent: Monday, February 21, 2011 9:16 PM To: Trevor Jiricek; Tom Parko Cc: flotis@nocolegal.com; Jim Birdsall; Cathy Mathis; Don Taranto; Heather McDowell Subject: Hank Brown letter of support HANK BROWN Feb. 21, 2011 Mr. Craig Harrison, President Harrison Resource Corporation 2725 Rocky Mountain Ave., Suite 400 Loveland, Colorado 80538 Dear Mr. Harrison, I was encouraged to learn of your proposal to develop the Niobrara Energy • Park. Northern Colorado will benefit greatly from this opportunity. The access to federal grants relating to energy research and the proximity to Colorado State University will be positive factors in expanding opportunity in the northern part of the state. Our nation will be transitioning to an ever increasing portion of its energy coming from renewable sources. While there is a genuine debate as to how quickly this transition will occur it is clear that your integrated approach to energy production will draw national attention. This focus on Northern Colorado and the new job opportunities that will accompany your project will benefit our community. Thank you for your innovative project. Count me as a strong proponent. Sincerely, Hank Brown • Colorado Eo. mo m G 'C `(ymlir C'5u �,rQ 511-p,=, ., • fan Gwvn. : _. .. Dan 4F.n, w a Ex�-L Iii • November 19,2010 Mr. Craig Harrison Harrison Resource Corporation 2725 Rocky Mountain Avenue, Suite 400 Loveland,CO 80538 Dear Craig, I have looked at the proposed Niobrara Energy Park project,and I am offering my support to this innovative project. Following are the important benefits I see: • Concentrates many users close to the big Niobrara oil play that adjoins the electric and gas grid. • Brings additional active commerce to this area of our state and your county. • Creates high-quality jobs for the 200,000-strong workforce within a 30-mile radius of the project. • Supports important research activities. • Primed for solar,wind and other renewable energy development. • Ideal transportation location near I-25 and the 1-25/I-80 hub. • As you have mentioned, several large oil, solar and wind companies have shown strong interest in this Energy Park concept. [believe this project could be an important stimulus to our Colorado economy. Sincerely, ctpMo Don Marostica Executive Director,Colorado Office of Economic Development&International Trade • `CLC 1L11 ld L Potion c 'eorat NORTHERN • COLORADO ECONOMIC DEVELOPMENT CORPORATION November 17, 2010 Mr. Craig Harrison Harrison Resource Corporation 2725 Rocky Mountain Ave, Suite 400 Loveland, CO 80538 Dear Craig, It is very exciting to hear about your Niobrara Energy Park. The project has several strategic advantages for Northern Colorado. First, since our region has a strong history in traditional and renewable energies, your park will be an outstanding asset in strengthening our economy through the continued growth of these industries. Second, with Colorado State University (CSU) close by, this project could enhance their clean energy research and offer new venues to integrate traditional energy into their work. Finally, the park offers an additional asset to Northern Colorado's value proposition as we seek • to attract and retain the high-quality jobs your park would bring to our region. I wish you the very best in moving the project forward, and I look forward to seeing the Niobrara Energy Park come to fruition. Best, is Michael Masciola COO & Senior Vice President Northern Colorado Economic Development Corporation • 3553 Clydesdale Parkway, Suite 230 • Loveland,CO 80538 •ph.(970)667 0905 •fx. (970)669 4680• www.ncedc.com co�'1L�i1'll�- ;2 t l(Hot UPSTATECOLORADO December 30, 2010 Craig Harrison, President Harrison Resource Corporation 2725 Rocky Mountain Ave., Suite 400 Loveland, Colorado 80538 Dear Craig: As the lead organization responsible for providing local economic development services throughout Weld County, we have observed with great interest the progress associated with your planned Hybrid Energy Park. We understand that this Park is intended to provide much- needed services to support the continued exploration of the Niobrara play located in north Weld • County. Our organization is certainly supportive of activity that leverages the economic impact of such a significant resource as the Niobrara. It seems clear that extraction of oil and gas from the Niobrara has the potential to stimulate the creation of perhaps thousands of jobs and hundreds of millions of dollars of investment in Weld County. As such, we believe that if completed, the Park could serve as a stimulus for sustained economic activity throughout Weld County. Upstate Colorado Economic Development will be available to you and your project to provide support as you develop and implement plans to bring the Park to reality. We appreciate your sharing your plans with us, and look forward to working with you to meet short term and long term goals associated with maximizing the economic potential of this new and very important opportunity. Sincerely, ji(er raseimatiteir•-•—.---.—._,_ Larry Burkhardt President/CEO • Supporting Job Opportunities in Greeley and Weld County Communities AVANZALIA RENEWABLES LLC 0A51 r�.((4 30 A.- ava nza ! ia New YRockefeller cY P 01.# 104 10112 renewabtes TEL:646 666 9766 www.avanzalia.us • Att, Craig Harrison Harrison Resource Corporation 2725 Rocky Mountain Avenue#400 Loveland,CO.80538 New York, October 25th 2010 Dear Sir, After visiting the Niobrara area site and analyzing the conditions for construction and interconnection capabilities of the lot,we would like to express the interest of AVANZALIA RENEWABLES and THE PATAKI-CAHILL GROUP in developing a Solar Power Facility on the property.We believe that the location is ideal for the installation of at least 30 MW of solar generation(which can be increased if future demand for energy so requires). In summary,the positive characteristics of the site include: • the geographical advantage of being in an area with good solar radiation and very limited extreme temperatures in summer that would otherwise negatively affect the performance of the solar modules; • proximity to a transmission line that makes interconnection very convenient and cost efficient; • • the demographic density of 3 cities within a 50 miles radius whose demand loads could use the renewable energy without the need for long distance transportation; • the ability to match peak power consumption with peak production of the solar generation facility; • the ability to add another renewable generation resource to a region with a high concentration of production and extraction activities, including oil extraction,gas distribution and electric generation facilities(including coal fired generation and wind) Taken together,these characteristics provide a very attractive template for the development of a large solar plant that Avanzalia and their partners would like to move forward with.Avanzalia offers its experience,technical expertise and financial support to this project, combined with The Pataki-Cahill Group's experience in the Energy and Environmental sectors,and looks forward to making it a reality in the near fu re Sincer ly Martin Molina CEO AVANZALIA RENEWABLES LLC • fCt tYL cj.Jeor( • NIOBRARA ENERGY PARK HORIZONTAL OIL SERVICES / RENEWABLES / RESEARCH Letters of Support . —ac- _ _ -. II posts . \ d 73 It I. lie"ir .ti..... 1MM MSrinw r i I•• o'a el•ed• - _ jar wiliii t ale XAO ... at-wr' r • _es e F w. ...t. - , ..:-.- - ..., . _,-.; 7i4... -Th..z. --,- - -4.. !..5._ _ ,, „le: 4- Abez - • --Jr- - . . . • , fial..�.w- g�- 1 /c.. .1 ...... - - - - IMI ,..--limwrompre..fte-, yearn7t7wes--...mwormitAZ , Ihkri 1 1-11 T . . . . . . N.......c)vas.., .... _, • , , . . .\ �_ t -4 ..,u ' v s rte_ isiAL . . • i' I ' _ . -/ IHI (:, I ' 1 .' r ._ A f ' f ., ` I '( 1 ." \''il fl‘(- `' E.� I-II .COf•1 CONTACT: CRAIG HARRISON HARRISON RESOURCE CORPORATION 2725 ROCKY MOUNTAIN AVE STE #400 LOVELAND CO 80538 • EMAIL CRAIG@HARRISONRESOURCE.COM WEBSITE: HARRISONRESOURCE.COM Ronald A. Thiel Cc75piocr PO Box 3170 Cheyenne, WY 82003 • November 1, 2010 To Whom It May Concern: Mr. Craig Harrison contacted me and sent email data in reference to his proposed Niobrara Energy Park project. I have the following comments listed below. 1. We neighbor Mr. Harrison's property on the west side. 2. His project should create jobs for this locality. 3. Project would certainly increase tax base for Weld County. 4. The potential for green energy production exists on this site. 5. He has laid this project out in a systematic way. • 6. I don't see anything negative about having a facility like this in the area. 7. What we need in this country (especially right now) are people who are willing to take the risk and ultimately produce jobs for our citizens. 8. I have no problem with a facility such as the Niobrara Energy Park as a neighbor. Yours Truly, Ron Thiel • I�'IT tvy t-1, (C '1. • From: <papagolf73@aol.com> Date: Sun, Dec 19, 2010 at 7:58 PM To: craig@harrisonresource.com To whom it may concern: Our family owned this property for 85 years before selling it this past August. We still own 80 Acres that border it. We have no objection to the rezoning or the proposed energy park as we understand it. If you need more information you can contact me at Box 202 Eaton, Co. 80615 or 970 454 2058. Don & Jean Chadwick • • �'1�ItiZ� r 22&LIzIn c7turyri t- a 410 17° sleet Suite 1260 Denver, CO 80202 Main 303.350.2000 • us..r. tn., Fax 303.350.2001 all to nce-e ng in eenng.com January 12, 2010 Mr.Craig Harrison Harrison Resource Corporation 2728 Rocky Mountain Avenue, Suite 400 Loveland, CO,80538 (970)812-4100 cracQha_ rr resource.com Re: Niobrara Energy Park-Natural Gas Infrastructure Report-Alliance Reference 31000900 Dear Craig, Alliance Wood Group Engineering, I.P. thanks you again for the opportunity to participate in the Niobrara Energy Park project. This is an exciting innovative project with some forward thinking green opportunities. It is our pleasure to have completed the Natural Gas Infrastructure Report as requested. Our report is a technical feasibility study of the natural gas pipelines at the proposed Niobrara Energy Park(NEP)site, as well as the nearby Cheyenne Hub. The results of our study show direct taps into gas pipelines on the adjacent property are not feasible. However, running pipelines in a corridor between the NEP site and the Cheyenne Hub(only three miles away)offers access to multiple supply pipelines for power generation fuel gas,as well as easy access to the premiere US markets for residue sales gas and extracted liquids. The Cheyenne Hub is one of 28 natural gas wheeling hubs in the US, and approximately 5-7%of the daly gas flow in the US passes through the Cheyenne Hub. Additionally, power generation at the site has easy access to electrical transmission Infrastructure. • We think this project offers unique opportunities and hope that you will consider us for future services and participation. We look forward to offering any additional services that will assist you. Best regards, Alliance Wood Group Engineering, L.P. Charles W. Law, Jr., P.E. Vice President, Onshore Business cc. Darin Hittle Alex Epstein Cassie Pickering AWGE file number—31000900 • HiL pfYcr1' Cw January 4, 2011 • Mr. Craig Harrison Harrison Resource Corporation 2725 Rocky Mountain Ave, Suite 400 Loveland, CO 80538 RE: Niobrara Energy Park— Pre-Feasibility Study Dear Mr. Harrison: Exponential Engineering Company (EEC) is pleased to present our Pre-Feasibility Study for the Niobrara Energy Park. The Study evaluates the potential generation interconnection capacity for the site. Exponential The analysis indicates the Niobrara Energy Park has the potential to interconnect Engineering and transmit up to 90 megawatts of energy to remote customers such as Xcel Energy (PSCO), Tri-State G&T, or Platte River Power Authority. In general, the Company electrical power produced would flow south to the Ault Substation, a significant electrical hub for connection to potential customers. The availability of recently upgraded transmission capacity immediately adjacent to 328 Airpark Dr, the Energy Park site makes it of particular value and minimizes the potential Fort Collins, • interconnection costs, thereby reducing overall power production costs. Colorado 80524 Supplementary natural gas generation at the Energy Park to reduce the variability of Phone: (970)207-9648 power from regional renewable energy sources has the potential to produce Fax:(970)207-9657 economic benefit for the site. Based on our preliminary analysis, EEC believes that the Niobrara Energy Park concept is viable and merits further analysis and inquiry regarding potential energy customers. Please feel free to contact me at (970) 207-9648 x103 or Tyler at x117 if you have any questions. Sincerely, d6 G - -12) Thomas A. Ghidossi, P.E. Tyler Swaney President Electrical Engineer • \'e,,.cyxmcniid lcnginccrin g.com caPoudre Rat � c /7( Valley EA \Ir. 1I nri,on. President Ilarrisou Resource(corporation '7'7) Rocky Aloalntuiu Avcnuc Suite 41111 I ,,vchild_ ( kdoLido X11„R Suhjeel: Niohr,ua bnerg� Park Dear(lulu: It is ah(ans a ple,uure to talk kith vnl about proposed projects because coo do such all ill-depth re ic(\ of all the htccts to gel the \\hole picture of vv hat is required. As far as l'oudre Valle� Rural I leetric ;Association I I'VRP.A) is concerned. vvc are certainly encouraged to learn oldie holistic nature of this project. It not only has electric load requirements butt also the potential for phnto�oh;lie cogeneration as part ofthe total mix. At the Niobrara i ncrg> Park site. there is a double circuit 230 kV constructed transmission line along the easterlt edge. ()ne of the 230 kV circuits belongs to Western Area I'ovv er Administration and the other belongs to I ri-Slate Generation and l ransntission Association. wholesale potter supplier l he latter is operated al 115 kV no\\ and is the source for our Rockport Substation located just across the road at the southeast corner of)our site lh t • substation vcould be the source foram immediate electric requirements. .As:dlyays. I'ouJre Valle> Rural Itlectrie Association is reads. ((filling and able to provide anv electrical needs in accordance kith our published rules and regulations. I hank )ou for pro\idiue earl\ insight to sour proposed project. II coo bane am questions in the future.please do not hesitate to contact inc. Sineerelc / 1-.James lip rile. P.F. Manager I]tgineering Services jilt I'� tutuA.ill •' Burch k1ni, A..ut tutu,.MIL)kh:A l'arl.a.ro• I Curt( tints• iolmoi •Su ?l;•9711 --'b I 2 it 1 7r MI;2? 2:;u • rr'cic perea..om • p're'""pv rea.uan • Certificate Of Taxes Due •ccount Number R0090786 Certificate Number 35093 rcel 020319000003 Order Number 25095682 Assessed To Vendor ID 14 CHADWICK DONALD K& LAND TITLE OF FT COLLINS 37637 CR 39 No.202 772 WHALERS WAY STE 100 EATON,CO 80615-9013 FT COLLINS,CO 80525 Legal Description Situs Address 19676 ALL 19 11 66(5R) Year Charges Billed Payments Balance 2009 Tax $155.33 $155.33 $0.00 Grand Total Due as of 05/20/2010 $0.00 Tax Billed at 2009 Rates for Tax Area 0915-0915 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.8040000* $47.21 AG-GRAZING LAND $9,686 $2,810 SCHOOL DIST RE9 26.1620000 $73.52 Total $9,686 $2,810 NUNN FIRE 2.3320000 $6.55 AIMS JUNIOR COLLEGE 6.3120000 $17.74 HIGH PLAINS LIBRARY 3.2550000 $9.15 WEST GREELEY CONSERVATION 0.4140000 $1.16 Taxes Billed 2009 55.2790000 $155.33 *Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-SEPTEMBER 1,REAL PROPERTY- PTEMBER 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. PECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISIONERS, THE COUNTY CLERK,OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number,personal property taxes,transfer tax or misc.tax collected on behalf of other entities,special or local improvement district assessments or mobile homes,unless specifically mentioned. I,the undersigned,do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof,I have hereunto set my hand and seal. TREASURER,WELD COUNTY,John R.Lefebvre,Jr. 1400 N. 17th Avenue Greeley,CO 80631 • May 20, 2010 1:34:12 PM Page 1 of 1 • FILE CONTAINS CD WITH DIGITAL COPIES OF APPLICATION MATERIALS • PLEASE SEE ORIGINAL FILE • Hello