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Home My WebLink About20090846.tiff1.88.9 1, ; 9F ! Z7y/ #:1/3/7 -V /7 OOV.OW, •N01H01&0 d3,HOd 033IN0 31V7d 6Z91 HER 0xtr Zl/Srl NOIL VI SHOS 831 V7S AV N33H3 0 10 °w 0981-609-V01 10909 00890100 •80180I80 30N3AV 415 rums /91 Sid 0aneN303HA A4 V ,001 0„I 3MVOS %13'tl508Z18 3113 093 19 3094 08 N009 MY 09113990 391 •93804 03099 093130 800Z •6 1430 3190 1199909Z '0N 31I4 BZI9 '0N 90r eel d W // o + r's a m -0.333 OL .1�tlrvONP1✓� (9-7 it /2 LG! fL [.Ct-Q-G en_i 7/WSW )4•16.). msw OOV1O1OJ 'NO1HSIdG 3NI '83,410d 031IN/1 NVId 1NOrvdO73/I3O 31IS 6Z9/ HS/1 Asa n/su NO11 V1S9/7S 831V75 EOM ammo, 'HOLISM! 7sMOd®JJt no y� (ON19 oo OO N� zCO � o8 w� F 4 ti ti ti 'es ti p an MITMCrog On ilithlOdOnit t I" E 56269 -AI -003 SHEET 3 OF 3 .w .... 00V8070 0 'NOIHJIN9tom; JNI' 13MOd 031IN(I NN]J 3dVJS0NVY 6Z91 8S/1 nN[e'ztic u NO/I VISSOS 831V75 0 Y@ +,` iC` t``��t VIII tiiadarr @ li 4 r a is s.q�at t4Pt tr. 5q Y3 f .f i, i a P :o o v PU,b aoya ° t P ^i p 00 1 o:r 9 15F D F Y A ° Y P bgavlir_ r i {�" P i :i d a t ,,:9•i I .i YI ♦avaanoe ue3eoae iii/ Vl rakette *4 Y a e tl i �F 'v'•f�' L.iCE.itaTi4i1abgt a..''1{'it ,+�9�`4- 44 thia'try-tLL'lO}� iss, '-1629 IN 28, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6M NW, COLORADO R ItirtAtittrir II it u `v�.tt---• e40332 'b31 tit 8:sta ID •Af )� Al, < \p; 10 1, A iV ,Aril ff�8''ya� ,st d�9g5�� R. d� 1 Sabi •,;a,aYi' 0 ° oI �3 :I F Y :I e i' aP Y: a i ii Y la tl I { u £ e : a is 1 � F: I ilk..4-42.32ameeeraewsts- e 1 I 07 cv CC � K a m pce yLL or :� :P NI, 4110 601 Iii €ova -v3 • (4 r�� d :i �i �i I ie 1 ct Lintz' '2 ifrDotestr---- avow Al Nnoo __a' COWP .,. I�_M ........ Fa y e iF :i Aa .N000 ua3aoaa YY Yisl ' gd .i r ON808 Anedoaa w t — o " 6O it tg @ i p 5 ei e MULCH LEGEN �& . _a"B j8 B END g F f' .F F 9 {F p $5 j NATIVE SEED / ®g.{{aa ilW '� Itv. THIS DHANING Is e LANDSCAPE AND -OR This INFORMAliON v d 3 d a $ E §Y B3 a A jj p ��YY9 Q 9 5jii flG llg®��€ gg O x a a c x� 0 ii§68'f� j e $ '' $ I ti re 5pf 8 Ali $ w�� J d3d3 9 y 9 m N a 8 3 3 k ao_ a33 8 i w to W K o u MASTER TREE 9 K y d > 5 P V m NOTE THIS PLAN IS FOR PIATTIN NOT FOR CONSTRUCTION. IRRIGATION CONSTRUCTO :CHITECTS {€ m€d =3� qpY€y 53 g 33 p'� 9 l� € c s § 6 5 E a Ir g"cyV ; I L6 Ii iy El; �Sa i yaa 3gp d 3 3� Y i i E Y Ey ¢ C L_—. ° �l i' �a YY , i EWE e ii 5� qq S u 31 C /2 b V 'wY `J—jj 3p::>�ewse� C 1 '$ 4�9 ekE d' "k ii :. 12 @i 0 3 Ym,'. 2 6 �@ COLORADO MEMORAND Weld County Planning Department GREELEY OFFICE R 1 I' zn n CEIVED TO: Lin Dodge, Planning Services FROM: Clay Kimmi, P.E., CFM L SUBJECT: USR-1629 Slater Substation DATE: March 10, 2010 Weld County Public Works performed a field inspection of the site on March 4, 2010. grading is completed. Dennis Renley requested that Public Works sign off on the final grading permit. finalizing the grading permit. Original & Email: Chris Gathman, Planning Services pc: USR-1629 3-a��/ofiD/l� Page 1 of 1 M:\PLANNING — DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1629\USR-1629 Grading Permit Finalization Memo.DOC The inspection shows that all major Public Works has no objection to 01/49.09- CP4'1 f'L /44s Page 1 of 2 Michelle Martin From: Michelle Martin Sent: Tuesday, February 17, 2009 8:05 AM To: Lin Dodge Subject: FW: United Power Mead substation Lin, Planning and Public works are ok to release the grading permit for United Power's substation (USR-1629). (see email below). Michelle Martin Planner II 4209 CR 24.5 Longmont. CO 80504 mmartiu(dco.weld.co.ns PHONE: (720) 652-4210 x 8730 FAX: (720) 652-4211 Please tell us how we're doing: hap l.'vvww.co.weld.co.usdepartmentsrplanninglcontp improve comments.cfm From: David Snyder Sent: Friday, February 13, 2009 4:55 PM To: Michelle Martin Subject: United Power Mead substation Michelle, The submitted revisions for the United Power Mead substation appear acceptable to Public Works for release of the grading permit. David Snyder, E.I., CFM Engineer Weld County Public Works Department P. O. Box 758 Greeley, CO 80632 oav9-oa'�� A< /9�3 2/17/2009 Site Specific Development Plan and Use by Special Review Permit #1629 United Power's response to the comments and conditions of the Weld County Board of County Commissioners: 1. Prior to recording the plat: a. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators, stipulating that the oil and gas activities have been adequately incorporated into the design of the site, or, show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes may be delineated on the plat in accordance with the State requirements, as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. i. There are no concerns by the mineral owners or operators. Letters are attached, by Nancy Slater and Leslie Slater, the mineral owners, as well as EnCana, the mineral operator, supporting that there are no concerns at this time. b. The applicant shall attempt to address the requirements and concerns of the Town of Mead, as stated in the referral response dated October 10, 2007. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. i. In a memorandum from Joe Gerdom, Town Planner and Dan Dean, the Town Manager dated October 3, 2007; the Town of Mead shared that they would like for United Power to annex into the Town of Mead. Due to the longevity of the approval process, United Power has not had any recent discussions with the Town of Mead regarding annexation. After the Substation is built, United Power will keep the lines of communication open for the possibility of annexation into the Town of Mead. c. The applicant shall attempt to address the requirements and concerns of the Longmont Soil Conservation District, as stated in the referral response dated October 9, 2007. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. i. Prime Farmland: - Lot C will stay agriculture land, it is prime agricultural land. ii. Water Quality: N/A iii. Noxious weeds will be controlled. Contracted landscapers maintain United Power Substation landscaping. iv. Soils Limitations: United Power has done a soil study and is aware of the shrink swell soil. Allowances will be made for the concrete work. d. The applicant shall attempt to address the requirements and concerns of Mountain View Paramedic Service, as stated in the referral response dated September 28, 2007. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. i. Per an email dated August 28, 2008 (attached) LuAnn Penfold the Mountain View Fire Marshall, advised that fire apparatus access roads must be a minimum of twenty feet in width and designed for fire apparatus under all weather conditions. In a letter dated December 20, 2007 from the Slater's "the planned access for the 1/27/2009 Page 1 United Power electrical substation is off of CR 5.5, which will provide all-weather access to Lot A". Please see attached letter. e. The applicant shall attempt to address the requirements and concerns of Weld County Landscape referral, dated September 26, 2007. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. i. Longs Peak Water District has provided a will serve letter to United Power. United Power will purchase a water tap for irrigation of landscaping surrounding the Substation. The landscaping plan is awaiting approval from the Weld County Board of County Commissioners. The will serve letter is attached hereto labeled Exhibit El. f. The applicant shall submit a Dust Abatement Plan, for review and approval, the Environmental Health Services Division of the Weld County Department of Public Health and Environment. Evidence of approval shall be submitted, in writing, to the Weld County Department of Planning Services. i. Weld County Department of Public health and Environment official Lauren Light has approved the dust abatement plan via email. The email, dated September 17, 2008 is attached hereto. g. County Road 5.5 is maintained by the Town of Mead; therefore, the applicant shall obtain an access permit from the Town for this facility. i. Access permit from the Town of Mead has been issued and attached hereto. h. The applicant shall meet the Conditions of Approval, and record the plat for Recorded Exemption #4712, through the Weld County Department of Planning Services. i. United Power has met the conditions of Approval for Recorded Exemption #4712 and has recorded it with the Weld County Department of Planning Services. The applicant shall enter into an Improvements Agreement According to Policy Regarding Collateral for Improvements and post adequate collateral for all required improvements. The agreement and form of collateral shall be reviewed by County staff, and accepted by the Board of County Commissioners, prior to recording the plat. The Improvements Agreement shall include a landscaping and drainage component that is designed by a licensed landscape architect, paid for by the applicant. The Liberty Ranch Homeowners' Association ("Liberty") and Centex Homes ("Centex") shall be provided notice of the proposed Improvements Agreement, and the time and date of the meeting when it will be considered by the Board of County Commissioners. Liberty and Centex shall also be notified of any other hearings or meetings, thereafter, which address the Improvements Agreement. i. United Power has entered into an Improvements Agreement regarding collateral for improvements, and has posted collateral via a Bond in the amount of $1,318,875.00. The agreement and collateral have been reviewed by Weld County staff and is pending approval from the Board of County Commissioners. The improvements agreement included a landscaping and drainage plan that was prepared by Land Architects, a licensed landscape architect. The Liberty Ranch Homeowners' Association and Centex Homes have both reviewed and had adequate time to comment on the plans. United Power is awaiting a hearing and final decision from the Board of County Commissioners. 1/27/2009 Page 2 J• The applicant shall submit two (2) paper copies of the plat, for the preliminary approval, to the Weld County Department of Planning Services. i. Two paper copies have been submitted for preliminary approval to Michelle Martin of the Weld County Department of Planning Services. k. The plat has been amended to delineate the following: 1. The plat is labeled USR-1629. 2. The attached Development Standards. 3. Examples of signage used in other United Power electrical substations are attached hereto; the pictures are labeled exhibit 3a - e. 4. A 40 -foot turning radius is shown on access to public road. 5. The plat meets the requirements of Section 23-2-380 of the Weld County Code. 6. Easements are referenced on the plat by reception number or a book and page number. 7. County Road 5.5 is classified by the County as an Arterial Roadway, which requires 100 feet of right-of-way at full build -out. The plat delineates the existing right-of-way and also shows the 100 feet dedicated for full build -out. 8. The applicant delineates all on -site lighting. The Weld County Code addresses the issue of on -site lighting, including security lighting, Section 23-3-360. A picture of a light fixture taken from another of United Power substations is attached hereto and labeled 8a. 1/27/2009 Signed this 67 7 day of Robert Broderick, Chief Executive Officer United Power, Inc. Page 3 �i lal ul T w issr NO TRESPASSING VIOLATORS WILL BE PROSECUTED Naravadowp• • • VP' !FETIIW• �v��♦♦♦� SECURITY �� _ i Your (out.hetanc Era y'P ,It r tA BROMLEY SUBSTATION (303) 659-0551 0R (800) 468-8809 • • Keep Out! 44K Hazardous Voltage Inside High voltage equipment inside can shock or burn. No trespassing. Alejar Afuera! Voltaje Peligroso Interior Equipo de alto voltaje dentro puede causar quemaduras y choques electricos. Prohibida la entradas. Nancy I. Slater & Leslie Slater do 13433 Weld County Road 7 Longmont, Colorado 80504 12 December 2008 Department of Planning Services Southwest Office 4209 County Road 24.5 Longmont, CO 80504 Dear Ms. Martin: We would like to thank you for your efforts in processing the paperwork related to Recorded Exemption No. 1207-28-4 RE -4712. In addition, as Jason Maxey and Jay Mendoza (representing United Power) have related to you, we as trustees of the A. Dale Slater Trust B, would like to voice our interest in how the landscaping is completed on the parcel which will contain the electrical substation. Basically, we strongly encourage and support the use of native prairie vegetation to the maximum extent, and do not support the use of ornamental, non-native plant species. The following is a short list of potential benefits derived from the practice of using short - to mid -grass biome prairie species: • Prairie vegetation is adapted to this climate and will require less maintenance in the long-term (e.g., reduced water consumption). • Native grasses and forbs are hardy and can help stabilize soil to minimize erosion. • Land will be restored to its condition prior to its being cultivated. • Prairie vegetation and some wildlife species dependent on it have been substantially reduced in abundance and restoring even small parcels to native habitat will benefit those wildlife species (especially birds such as western meadowlarks). These small birds (as an example) may occupy the periphery of the substation parcel if the appropriate habitat is made available. • This parcel can act as a reservoir from which native prairie can naturally expand to re -occupy adjacent "feral" land (surrounding existing and planned subdivisions). Some of these areas are currently dominated by invasive and undesirable species such as Canadian thistle but eventually could be replaced by native prairie. • Prairie flora and fauna provide enhanced aesthetics to neighbors (spring blooms can be spectacular and the chance to see increasingly rare wildlife is exciting!). I am not familiar with your area of expertise, so I am hesitant to overstep my bounds by providing a list of plants that would be appropriate for this site. I understand that there • • are additional local resource professionals (e.g., Extension Service agents) who would be able to assist in recommending suitable species, if needed. We thank you for considering our desires. We appreciate your oversight of landscaping plans that provide benefits to neighbors by enhancing open spaces while minimizing long-term costs to industries within the County. If you have any questions about the contents of this letter, please contact me as listed below. Sincerely, Leslie Slater P.O. Box 2316 Homer, AK 99603-2316 907-235-1279 e-mail: gazelle@xyz.net cc: J. Maxey, J. Mendoza (United Power) I • • December 12, 2008 Michelle Martin Weld County 4209 CR 24.5 Longmont, CO 80504 Dear Ms. Martin, We as the property's mineral owners have no concerns regarding the minerals of the proposed substation of United Power in the NW WI of the SE ''A of section 28 -3N -68W. Drill window 33, has a very small area in the Southeast corner of Lot A. The oil and gas activities have been adequately incorporated into the design of Lot A, per Recorded exemption No. 4712. Respectfully, A. Dale Slater Trust B Nancy I. S1 er, CO- RUSTEE altar B. slCO-TRUSTEE 485 When recorded return to: United Power c/o Shaman & Howard, LLC Jon Lien 633 17th Street, Suite 3000 Denver, CO 80202 • - 111111111111111111111111III 1111111 III11 III 1111111111111 3594485 1211112008 11:15A Weld County, CO 1 of 4 R 21 00 D 30 01 Steve Moreno Clerk & Recorder SPECIAL WARRANTY DEED LState Documentary Fee o Date /1-,-08 $ 30.0! THIS DEED, made this /OYIL day of December, 2008, between A DALE SLATER TRUST B, a Colorado Trust, and NANCY I. SLATER, of the County of Weld, State of Colorado, Grantors, and UNITED POWER, INC., a Colorado cooperative association, whose legal address is 500 Cooperative Way, Brighton, Colorado 80601, Grantee; WITNESSETH, That the Grantors, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the Grantee, and Grantee's successors and assigns forever, all the real property, together with all improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: LOT A, RECORDED EXEMPTION NO. 1207-28-4 RE -4712, ACCORDING TO THE MAP RECORDED DECEMBER 3, 2008, AT RECEPTION NO. 3592891, BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6T" P.M., COUNTY OF WELD, STATE OF COLORADO, TOGETHER WITH all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the Grantors, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; RESERVING, HOWEVER, UNTO GRANTORS, all geothermal, oil and gas, coal and other minerals under the above -described land (excluding from this reservation all aggregate, sand, gravel, building or construction material) that can be mined or extracted without disturbance of the surface of such land; provided, however, nothing herein shall be construed as reserving unto Grantors (1) any right to locate wells, shafts, pipelines, storage tanks or other facilities or improvements on such land, (2) any easement on, over, or under such land for any purpose, including the transporting or storing of such reserved minerals, or (3) any right to disturb the surface of such land or any improvements thereon. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, and Grantee's successors and assigns forever. The Grantors, for themselves and their successors and assigns, do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee, and its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantors, except Grantors do not warrant that boundary fences are on line or s.W Ws...a.wpd 1219/08 targiltle z'0 74 3(4 • 111111111111111111111111 III 1111111 liii! III 11111 liii liii 3594485 12/11/2008 11:15A Weld County, CO 2 of 4 R 21.00 D 30.01 Steve Moreno Clerk 8 Recorder against encroachments that could, with the passage of time, lead to csims of adverse possession; and except those matters listed and described on Exhibit A, consisting of two pages, attached hereto, and by this reference incorporated herein and made a part hereof. IN WITNESS WHEREOF, the Grantors have caused this Deed to be executed on the date set forth above. A DALE SLATER TRUST B, a Colorado Trust STATE OF COLORADO COUNTY OF /6ou icC'r By; C -Trustee eslie Slater, a/k/a B. Lesl`li Slater, Co - Trustee Nancy I. SIB -r, Invidually ss. The foregoing instrument was acknowledged before me this /01k- day of December, 2008, by Nancy I. Slater, individually, and as a Co -Trustee of the A. Dale Slater Trust B, a Colorado Trust, and by Leslie Slater, a/k/a B. Leslie Slater, as a Co -Trustee of the A. Dale Slater Trust B, a Colorado Trust. Witness my hand and official seal. My commission expires: % 023-/( ry^.SS j oTAP;y • A .G o CF r:OE4 bN Carnr... ,n Erpime Jldy,": n 11 SIdeaslaW s'*d pd 1)/809 Notary Public 2 Li/.".c_ U • 1111111 11111 111111 111111II1111111111111111 11111 1111III 3594485 12/11/2008 11:15A Weld County, CO 3 of 4 R 21.00 D 30.01 Steve Moreno Clerk & Recorder EXHIBIT A TO SPECIAL WARRANTY DEED FROM A. -DALE SLATER TRUST B AND NANCY UNITED POWER, INC. 1. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE - THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES . AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 28, 1881, IN BOOK 20 • AT PAGE 340. 2. RIGHT OF WAY EASEMENT AS GRANTED TO FOR DITCHES IN INSTRUMENT RECORDED DECEMBER 07. 1921. IN BOOK 654 AT PAGE 40. 3. RIGHT OF WAY EASEMENT AS GRANTED TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH CO IN INSTRUMENT RECORDED MAY 07, 1930, IN BOOK 894 AT PAGE 382. 4. TERMS. CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED JANUARY 21. 1947 IN BOOK 1196 AT PAGE 70. . 5.. RIGHT OF WAY EASEMENT AS GRANTED TO TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION INC IN INSTRUMENT RECORDED SEPTEMBER 17, 1976, UNDER RECEPTION NO. 1699297 IN BOOK 777.- 6. OIL AND GAS LEASE RECORDED APRIL 11, 1979 UNDER RECEPTION NO. 1787002 IN BOOK 865 AND ANY AND ALL ASSIGNMENTS THEREOF. OR INTEREST THEREIN. AFFIDAVIT OF PRODUCTION RECORDED NOVEMBER 26, 1979 AT RECEPTION NO. 1809855 IN BOOK 888„ 7. RIGHT OF WAY EASEMENT AS GRANTED TO PANHANDLE EASTERN PIPE LINE CO IN INSTRUMENT RECORDED OCTOBER 12, 1982. UNDER RECEPTION NO. 1906198 IN BOOK 979 , A111111111 NI 111111 {II 111111111111 �� 11111 �� 3594485 12111/2008 11:15A Weld County, CO 4 of 4 R 21.00 D 30.01 Steve Moreno Clerk & Recorder Exhibit A, continued 9. 8 RIGHT OF WAY EASEMENT AS GRANTED TO ST VRAIN SANITATION DISTRICT IN INSTRUMENT RECORDED MARCH 02, 2006, UNDER RECEPTION NO. 3367232. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF RECORDED EXEMPTION NO. 1207-28-4RE-4712 RECORDED DECEMBER 3. 2008 AT RECEPTION NO. 3592891. 10 TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENTS RECORDED DECEMBER 03. 2008 AT RECEPTION NO. 3592723. 11 TAXES AND ASSESSMENTS FOR 2008, PAYABLE JAN. 1, 2009. ins Page 2 of 2 Page 1 of 2 Michelle Martin From: Adrian Mendoza [amendoza@UnitedPower.com] Sent: Monday, October 20, 2008 10:54 AM To: Purdy, Linda; Michelle Martin; Dean Hubbuck; Don McDaniel Cc: David Foster; mmeyer@rothgerber.com Subject: RE: Slater Substation Mitigation Plan comments Linda, Thank you for your comments regarding the proposed landscaping of the Slater Electrical Substation. After internal discussion regarding these comments, United Power is going to install both a chain link fence with barbed wire and a ten foot cedar fence with masonry brick corners. The Irrigation water system will be tapped off of Mrs. Slater's property and run along the north end, of Mrs. Slater's property, from east to west. If you have any other comments or questions please do not hesitate to contact me. Best regards, Jay Mendoza From: Purdy, Linda [mailto:Linda.Purdy@Centex.com] Sent: Thursday, October 16, 2008 10:40 AM To: Adrian Mendoza Cc: David Foster Subject: Slater Substation Mitigation Plan comments Jay: In light of our noted absence at the September 3rd informational gathering, please accept the following comments to the proposed landscaping of the Slater Electrical Substation. Fencing The proposed plan does not specify what type of perimeter fencing will be constructed. The original plan called for a 10' solid cedar fence on the entire perimeter of the facility. In light of the proximity of the facility to an existing residential neighborhood, Centex would still like a solid perimeter fence. Chain link is obviously transparent and climbable, creating a potential attractive nuisance. Irrigation Water The proposed landscaping will require an irrigation system. Centex would like to know where the irrigation system will be tapped and how water will be provided. United Power's efforts to mitigate the visual impacts of the facility are greatly appreciated. Thank you in advance for your timely response to our comments noted above. Linda M. Purdy Division Land Manager 303.705 5219 office 1303.792.9811 fax I Linda.Purdy(@centex.com Centex Homes I Denver Division 10333E Dry Creek Rd. # 300 ] Englewood_ CO 80112 Centex 10/20/2008 • ENCANATM EnCana Oil & Gas (USA) Inc. VIA US MAIL and E -Mail October 7, 2008 Ms. Michelle Martin Weld County 4209 CR 24.5 Longmont, CO 80504 Re: United Power Substation SE/4 Sec 28 -3N -68W Weld Co., CO Dear Ms. Martin: • 370 17th Street Suite 1700 WBiyepver, CO 80202 S0Ur6o�nl H:fs /in/. 0O -p T eU�� 00 eat Feet C08 FO re (303) 623-2300 Ia,: (303) 623-2400 www.encana.com We are in receipt of the proposed site plan for the proposed substation of United Power in the NW/4SE/4 of Section 28 -3N -68W. As a mineral and oil and gas leasehold owner in the SE/4 of Section 28 we have met with and reviewed the proposed plan of United Power. Please be advised that EnCana has no objection to the site plan as proposed. In the event the proposal changes we would appreciate being contacted for further review. Very truly yours, 411 i Kent C. Craig Land Negotiator Cc: Mr. Adrian Mendoza ' Trade -Mark of EnCana Corporation. Used under license. Mark A. Meyer Attorney at Law 303.628.9570 mmeyer@rothgerber.com R,„f-..-._ J ROT1-1GF.RBER JOHNSON t. LYONS LLP Denver • Colorado Springs • Casper October 2, 2008 Via U.S. Mail and E -Mail to: david(aifostergraharn.com David Foster, Esq. Foster Graham Milstein Miller Calisher LLP 621 17th Street, 19th Floor Denver, Colorado 80293 Re: Case No. USR-1629; Slater Substation Dear Mr. Foster: One Tabor Center, Suite 3000 1200 Seventeenth Street Denver, Colorado 80202-5855 Telephone 303.623.9000 Fax 303.623.9222 www.rothgerber.com In response to your October 1, 2008 letter, attached please find the following documents: 1. August 25, 2008 letter sent out by United Power to the various homeowners, and to Centex Homes ("Centex") and the Liberty Ranch Homeowners Association (the "Liberty Ranch HOA"). United Power used the same addresses for Centex (Centex Homes, Inc., Denver Division, P.O. Box 2834, Portland, OR 97208) and the Liberty Ranch HOA (Liberty Ranch HOA, 390 Interlocken Cresent 4500, Broomfield, CO 80021) that have been used with success in the past. Again, please let us know if these addresses have been changed; 2. Draft Grading Plan, Draft Landscape Plan, and Draft Grading Sections (each dated August 22, 2008), which documents were mailed with the August 25, 2008 letter; 3. Draft Landscape Plan (with vicinity map), Draft Grading Plan (with vicinity map), Landscape Sections, and Vicinity Map, which documents were distributed at the September 3, 2008 meeting; and 4. View Along Weld Co. Road 5.5 at Installation (Looking South), View Along Weld Co. Road 5.5 at Approximately 5 Years (Looking South), View Along Saddle Drive at Installation (Looking Southwest), View Along Saddle Drive at Approximately 5 Years (Looking Southwest), and View of Substation (Looking Northeast), which documents were distributed at the September 3, 2008 meeting. {00603984 / 11 ROTI-IGERBE-R JOHNSON Fd LYONS LLP David Foster, Esq. October 2, 2008 Page 2 Please note that the notices sent to Centex and the Liberty Ranch I-IOA were sent in the same manner and at the same time as the notices sent to the homeowners, many of whom attended the meeting. We are not aware of any problems with the mailing and did not receive the notices back that were sent to Centex or the Liberty Ranch HOA. We are further surprised of your client's being unaware of the landscaping meeting in light of the prior proceedings in this matter, where the homeowners, Centex and the Liberty Ranch IIOA were communicating and working together as a united group. Nevertheless, in my September 24, 2008 letter to you, we expressed United Power's willingness to meet with Centex and the Liberty Ranch HOA and encouraged your clients to call United Power directly to schedule a time to meet at United Power's offices to go over the designs and other information that was presented at the meeting. In addition, as stated in that letter, copies of materials sent with the meeting notice and presented at the meeting have been and are available through the Planning Department at the South Weld County office located at 4209 CR24.5, Longmont, CO 80504. We anticipate that your clients will review the attached documents and provide comments directly to United Power, without the need to continue to involve either you or me. Let me know if you have any questions about the attached. Sincerely, ROTHOERBER JOHNSON & LYONS LLP Mark A. Meyer MA M/mi Enclosures cc: Bruce Barker, Esq. Ms. Michelle Martin Richard K. Clark, Esq. (00603984 / 1) • FOSTER GRAHAM MILSTEIN MILLER CALISHER LLP ATTORNEYS AT LAW October I, 2008 VIA FIRST CLASS MAIL VIA E-MAIL TRANSMISSION Richard K. Clark, Esq. Mark A. Meyer, Esq. Rothgerber, Johnson & Lyons, LLP 1200 17th Street, Suite 3000 Denver, Colorado 80202 Re: Case No. USR-I629, Site Specific Development Plan and Use By Special Review for a Major Facility of a Public Utility or Public Agency (Electrical Substation) Dear Messrs. Clark and Meyer: We received your letter dated September 24, 2008 wherein you claim that notice was sent to both Centex Homes and to the Liberty Ranch Homeowners Association concerning your client's recent September 3, 2008 meeting announcing its plan to various individual residents, These notices were never received by our clients who have in fact "checked their mail." We also note that the attached email sent to you by Cynthia Treadwell of our offices on September 25, 2008 requesting copies of the notice letters you claim your client sent has gone unanswered for a week. Certainly your client retained a copy of the notices evidencing fulfillment of express Adams County Board of County Commissioners (`BOCC") conditions concerning completion of the application for the proposed substation. In that regard, also attached is a copy of the Hearing Certification from Slily 16, 2008 wherein specific discussion of cooperation with our clients concerning the landscaping plan and the express requirement of notification to Centex Homes and the Liberty Ranch Homeowners Association regarding the requirements placed on United Power's application is mentioned no fewer than five times, with the sixth recitation being confirmation of the following language for the Resolution of the BOCC related to the hearing: 621 SEVENTEENTH STREET ♦ 19TH FLOOR • DENVER, COLORADO 80293 303 333 9810 PHONE • 303 333 9786 FAX WWW.FOSTERGRAHAM,C❑ M • Richard K. Clark, Esq. Mark A. Meyer, Esq. October 1, 2008 Page 2 The Improvements Agreement shall include a landscaping and drainage component that is designed by a licensed landscape architect, paid for by the applicant. The Liberty Ranch Homeowners Association ("Liberty") and Centex Homes ("Centex") shall be provided notice of the proposed Improvements Agreement, and the time and date of the meeting when it will be considered by the Board of County Commissioners. Liberty and Centex shall also be notified of any other hearings and any other meetings thereafter which address the Improvements Agreement. Again, it is our clients' position that United Power cannot return to the Board of County Commissioners at this time representing that the conditions for approval have been satisfied. You have come forward with no proof of notice and we have yet to see the proposed plan much less comment on it or offer our collaboration. Sincerely, FOSTER, GRAHAM, MILSTEIN, MILLER & CALISHER, LLP cc: Bruce Barker, Esq. Michelle Martin David Win. Poster • • Page 1 of I Cynthia M. Treadwell From: Cynthia M. Treadwell Sent: Thursday, September 25, 2008 10:37 AM To: 'mmeyer@rothgerber.com' Cc: Dan Foster; Purdy, Linda Subject: United Power Substation Mr. Meyer: We received your response email concerning the notice issue. We would like copies of the letters/notices that you believe were sent to Centex Homes and the Liberty Ranch Homeowners Association as well as any certifications of notice or other evidence of satisfaction of notice requirements lodged with the BOCC and/or Planning departments concerning the recent meeting. Thank you, Cynthia M. Treadwell Foster Graham Milstein Miller & Calisher LLP 621 Seventeenth St., 19th Floor Denver, CO 80293 (303)333-9810 (303)333-9786 (fax) www.fosteygraham.com PLEA E NOTE' This email message is intended only for the use of the individual or entity to which It is addressed and may contain information that is pdvileged, contidendal, and/or exempt from disclosure. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited: If you have received this communication in error, please notify us immediately: FEDERAL TAX ADVICE.DISCLAIMER. We are required by U.S. Treasury Regulations to inform you that, to the extent this message includes any federal tax advice, this message is not intended or written by the sender to be used, and cannot be used, for the purpose of avoiding federal tax penalties. 9/30/2008 • Mark A. Meyer Attorney at Law 303.628.9570 mmeyere rothgerber.com R,,,, ROTHGERBER JOHNSON 8 LYONS LLP Denver • Colorado Springs • Casper September 24, 2008 Via U.S. Mail and E -Mail to: davidAfostergraham.com David Foster, Esq. Foster Graham Milstein Miller Calisher LLP 621 17th Street, 19th Floor Denver, Colorado 80293 Re: Case No. USR-1629; Slater Substation Dear Mr. Foster: One Tabor Center, Suite 3000 1200 Seventeenth Street Denver, Colorado 80202-5855 Telephone 303.623.9000 Fax 303.623.9222 www.rothgerber.com We are in receipt of your September 22, 2008 letter regarding the September 3, 2008 meeting held by United Power, Inc., relating to the Slater Substation. In that letter, you state that "neither Centex Homes nor the Liberty Ranch Homeowners Association was ever notified of this meeting." United Power held this meeting, and as it has done in the past, sent advance notice of the meeting to both Centex Homes and the Liberty Ranch Homeowners Association. The addresses used were the same as those used in prior notices, which previous notices were obviously received. Please have your clients double check their mail. To the extent their notice addresses have changed, please provide us with the new addresses. You should also note that United Power has once again gone above and beyond its notice requirements by sending notice of this meeting to persons located in areas beyond the area surrounding the substation required for such notice. While Centex Homes and Liberty Ranch Homeowners Association missed the meeting, please note that copies of materials presented at the meeting are available through the Planning Department at the South Weld County office located at 4209 CR24.5, Longmont, CO 80504. Moreover, to the extent they have a desire to hear the presentation made at the meeting, we encourage them to call United Power directly to schedule a time to meet at United Power's offices. United Power is more than willing to meet with them and go over the designs and other information that was presented at the meeting. (00601'73/ I) • • ROTHGERBER JOHNSON FS LYONS LLP David Foster, Esq. September 24, 2008 Page 2 Sincerely, ROTHGERBER JOHNSON & LYONS LLP Mark A. Meyer cc: Bruce Barker, Esq. Ms. Michelle Martin Richard K. Clark, Esq. {00601173 / 1 MCS FOSTER GRAHAM MILSTEIN MILLER CALISHER LLP ATTORNEYS AT LAW September 22, 2008 VIA FIRST CLASS MAIL VIA E-MAIL TRANSMISSION Richard IC. Clark, Esq. Mark A. Meyer, Esq. Rothgerber, Johnson & Lyons, LLP 1200 17`h Street, Suite 3000 Denver, Colorado 80202 Re: Case No. USR-I629, Site Specific Development Plan and Use By Special Review for a Major Facility of a Public Utility or Public Agency (Electrical Substation) Dear Messrs. Clark and Meyer: It has come to our attention that on September 3, 2008, United Power conducted an "informational" meeting with various individual homeowners in the area affected by the proposed electrical substation. It is our understanding that the home owners were notified by letter of this meeting. It is also our understanding that United Power announced its plan and those in attendance were told that the next step was United Power's meeting with the Planning Department to obtain final approval. Neither Centex Homes nor the Liberty Ranch Homeowners Association was ever notified of this meeting. We believe this violates both the conditions imposed upon approval of this project and the agreements on the record at the July 16, 2008 hearing in this matter concerning how this matter would proceed. Among other things, United Power was required to work with interested parties to develop an acceptable mitigation plan. We do not believe that United Power can return to the Board of County Commissioners at this time representing that the conditions for approval have been satisfied. Please call me at your earliest convenience to discuss this matter. 621 SEVENTEENTH STREET • 19TH rLDOR ♦ DENVER, COLORADO S0293 303 333 9810 PHONE + 303 333 9786 FAX WWW. FOSTERSRAHAM.COM • M Richard K. Clark, Esq. Mark A. Meyer, Esq. September 22, 2008 Page 2 Sincerely, FOSTER, GRAHAM, MILSTEIN, MILLER & CALISHER, LLP cc: Bruce Barker, Esq. Michelle Martin David Wm. Foster Page 1 of 2 Michelle Martin From: Lauren Light Sent: Tuesday, September 23, 2008 11:41 AM To: Michelle Martin Subject: RE: United Power Substation Dust Abatement plan I thought they were going to send a plan. I will go ahead and put this in the file and call it good to go Lauren Light Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) From: Michelle Martin Sent: Tuesday, September 23, 2008 11:37 AM To: Lauren Light Subject: FW: United Power Substation Dust Abatement plan Does this help „Ilea .yeektein Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720) 652-4211 From: Adrian Mendoza[mailto:amendoza@UnitedPower.com] Sent: Wednesday, September 17, 2008 1:25 PM To: Michelle Martin Subject: FW: United Power Substation Dust Abatement plan Here is Lauren Lights approval email. Please add it to the USR packet of information that I delivered this morning. Thanks, Jay From: Lauren Light [mailto:llight@co.weld.co.us] Sent: Wednesday, September 17, 2008 12:07 PM To: Adrian Mendoza Subject: RE: United Power Substation Dust Abatement plan 09/23/2008 Page 2 of 2 this is sufficient for a dust control plan. Please include with your submittal and include the USR number. Lauren Light Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) From: Adrian Mendoza [mailto:amendoza@UnitedPower.com] Sent: Tuesday, September 16, 2008 2:23 PM To: Lauren Light Subject: United Power Substation Dust Abatement plan Mrs. Light, Thank you for the voice mail that you left for me yesterday. I wanted to present you the language that United Power will detail in the contract regarding the dust abatement plan. After listening to your voicemail, I do not see us having any problems with having a water truck on site just in case we need it. However, the county requires in writing evidence of approval. So below is the language that we will have in the contract for the contractors. "The CONTRACTOR shall perform all work in such a manner as to minimize dust emissions, including but not limited to, application of water to haul roads and the work site. The CONTRACTOR shall install track pads at the entrance and exit to the property per City and County specifications. Any waste material deposited on a public road or street shall be removed and the surface cleaned to a condition that existed prior to construction." Will you reply to this email to verify that this will suffice? Thanks, Jay Mendoza Joint Use and ROW Administrator 303-637-1275 (Direct) 303-304-4106 (Cell) amendoza anunitedpower.com United Power P.O. Box 929 Brighton, CO 80601 09/23/2008 • • Page 1 of 2 Michelle Martin From: Adrian Mendoza [amendoza@UnitedPower.com] Sent: Monday, September 22, 2008 7:46 PM To: Michelle Martin Cc: Jason Maxey Subject: RE: Letter from David Foster Attachments: Jay - SlaterSub Mail List.xls Michelle, As stated before, I mailed out this info to everyone within a half mile of the substation. County Code requires us to mail out info to 500 feet of the substation, and United Power decided to mail to everyone within a half mile. I have attached the mail list that we mailed info to and highlighted Centex and the HOA. This is the same mailing address that we have always mailed to. Thanks, Jay Mendoza From: Michelle Martin [mailto:mmartin@co.weld.co.us] Sent: Monday, September 22, 2008 3:52 PM To: Adrian Mendoza; Jason Maxey Subject: FW: Letter from David Foster Was Centex homes and the HOA notified of the meeting? Please see attached letter. Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720) 652-4211 From: Debbie Leebove[mailto:dleebove@fostergraham.com] Sent: Monday, September 22, 2008 1:12 PM To: mmeyer@rothgerber.com; rclark@rothgerber.com Cc: David Foster; Bruce Barker; Michelle Martin; Cynthia M. Treadwell Subject: Letter from David Foster Mr. Meyer and Mr. Clark, Please see the attached letter from David Foster. Thank you, 09/24/2008 • • Page 2 of 2 Debbie Leebove Executive Assistant to David Wm. Foster Foster Graham Milstein Miller & Calisher, LLP 621 17th Street, 19th Floor, Denver, CO 80293 Firm: 303-333-9810 Direct: 303-962-7082 Fax: 303-333-9786, www.fostergraham.com PLEASE NOTE: This email message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and/or exempt from disclosure. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately. FEDERAL TAX ADVICE DISCLAIMER: We are required by U.S. Treasury Regulations to inform you that, to the extent this message includes any federal tax advice, this message is not intended or written by the sender to be used, and cannot be used, for the purpose of avoiding federal tax penalties. 09/24/2008 Michelle Martin From: Sent: To: Subject: Bruce Barker Wednesday, September 17, 2008 8:45 AM Michelle Martin RE: USR-1629 Just put the BOCC certificate on the plat. Original Message From: Michelle Martin Sent: Wednesday, September 17, 2008 7:58 AM To: Bruce Barker Subject: USR-1629 Bruce, I am reviewing the plats for USR-1629 (United Power) and I am not sure what certificates to have placed on the plat. Typically with public utilities it's just the PC certificate but in this case the BOCC approved the substation. Should both certificates go on the plat or just the BOCC certificate? Michelle Martin Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720) 652-4211 1 • • Page 1 of 1 Adrian Mendoza From: Adrian Mendoza Sent: Tuesday, September 16, 2008 2:23 PM To: 'flight@co.weld.co.us' Subject: United Power Substation Dust Abatement plan )FT Mrs. Light, Thank you for the voice mail that you left for me yesterday. I wanted to present you the language that United Power will detail in the contract regarding the dust abatement plan. After listening to your voicemail, I do not see us having any problems with having a water truck on site just in case we need it. However, the county requires in writing evidence of approval. So below is the language that we will have in the contract for the contractors. "The CONTRACTOR shall perform all work in such a manner as to minimize dust emissions, including but not limited to, application of water to haul roads and the work site. The CONTRACTOR shall install track pads at the entrance and exit to the property per City and County specifications. Any waste material deposited on a public road or street shall be removed and the surface cleaned to a condition that existed prior to construction." Will you reply to this email to verify that this will suffice? Thanks, Jay Mendoza Joint Use and ROW Administrator 303-637-1275 (Direct) 303-304-4106 (Cell) amendoza@unitedpower.com United Power P.O. Box 929 Brighton, CO 80601 F 9/16/2008 'Tow.of Mead Box 626 Mead, Colorado 80542 (970)-535-4477 pal • TOWN OF MEAD STREET, DRIVEWAY, AND CULVERT PERMIT APPLICATION 1. Applicant: Name United Power, Inc. Address PO Box 929 2. Address or location of access CR 5.5 Section 7R Phone 303-659-0551 rage i cm L Receipt No. Permit No. ()Sol 23 City Brighton State— Zip 80601 Subdivision Liberty Ranch Block Street Distance from intersecting street or adiatia access Township 361 Range OW Side of the street Lot N SE or W 3. Is there an existing access to the property? Yes No X # of accesses Reason for additional access This access would be for United Power's new electrical substation Estimated Daily Traffic in/out. Cars/Trucks 1— 5 per month* Tractor Trailer *After construction is completed. 4. Site Sketch: (Sketch here or attach drawings) Drawings attached , �Iry� F /coNkvos 0° -00124,0 �.1 5. Mead Public Works Recommendations: Culvert Other Comments Size Length 6. Town of Mead Street, Driveway, and Culvert Policy (See Back) 7. Proposed use: Permanent Residential/Agricultural Industrial Temporary Commercial Subdivision Special Conditions: PERMIT FEES: MINIMUM FEE: Driveway or Culvert: $125.00 FEES DUE FOR THIS PERMIT: Review Fees: Inspection Fees: SIGNED: Sheet/Subdivision: $525 TOTAL: Approved Denied TOWN OF MEAD DEPT. OF PUBLIC WORKS OR TOWN ENGINEER TOWN OF MEAD ST.•T, DRIVEWAY, AND CULVERT PO•Y • • STREET, DRIVEWAY°AND CULVERT PERMITS REQUIRED A Mead Street, Driveway, and Culvert Permit will be required for all new roads, streets, driveways or other means of providing ingress or egress to lands adjoining town street rights -of -way. Access will be limited to one per legal parcel unless otherwise approved. This policy shall apply to all new and existing streets, driveways, and culverts servicing property within the Town of Mead, including properties which are within other municipalities or counties but which access Mead streets. MATERIALS AND METHODS —_ practices and placement of ay shall conform to the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, Current Edition, a copy of which is available for public review at the Town of Mead Department of Public Works. DRIVEWAY DESIGN STANDARDS All driveways shall be constructed in accordance with the detail drawing included herein. No access approach shall have an effective turning radius of less than 20 feet. A minimum effective turning radius of 50 feet shall be used for access intended to accommodate truck traffic. TEMPORARY DRIVEWAYS Any driveway which is not for use by the general public and which will be closed after being used for only a limited time maybe considered a temporary driveway. The limited time shall be specified on the permit and shall not exceed 60 days. The requirement for temporary driveways will be the same as for permanent driveways. Temporary driveways shall not block existing drainage features. When the driveway is closed, all materials shall be removed and the site restored to its original condition by the permittee. NEW STREET/SUBDIVISION The Town of Mead will review all proposed Town streets during the standard development application and review process. For proposed streets that will be in the County or another municipality, but whose access must come directly from a Town of Mead street, the Town must review the subdivision Construction Documents and Traffic Impact Study to determine the acceptability of the proposed access location, width, passage of drainage, etc. for conformance with Town standards and specifications. RETROFITTING A ROAD ACCESS The owner, at their expense, may be required to modify driveway access when the Department of Public Works has determined that it is necessary in order to protect the safety of the traveling public, improve drainage conditions or provide for public roadway improvements. DRIVEWAY OR STREET CULVERTS The owner of property shall pay for materials and the cost of installation for new driveway or street culverts whenever the installation of a culvert is made necessary I. The creation of a new access from private property to a Town street; 2. By any alteration of natural flow of water across private property by the owner, or 3. For any other reason created by any owner of private property. The culvert shall be installed according to the specifications of the Department of Public Works as to -size and location in the Town street right-of-way in which such culverts may be installed. Culvert size and flow line will be determined in accordance with standard engineering practices. The property owner shall be responsible for cleaning the borrow ditch to accommodate the new culvert pipe and insuring proper drainage. DRIVEWAY AND/OR CULVERT MAINTENANCE After installation, such owner or occupier shall be responsible for the maintenance and repair of the driveway and/or any related drainage culvert. If, after installation, such owner or occupier is notified of the need for maintenance or repair of the culvert, the owner or occupier shall have 5 days to make such repair and/or maintenance as may be required for the protection of the Town's streets and related appurtenances within right-of-way. If the required maintenance or repair is not completed within the time allotted, the Town may do the work and the responsible property owner will be billed for the cost thereof. ENFORCEMENT In the case of new construction, the Town's building inspector will not issue a certificate of occupancy or conduct a final inspection until the required driveways and/or culverts, when required, are installed in accordance with the provision herein. STATE LAWS No portion of this policy is intended to authorize any person to alter the flow of water in any manner contrary to the law of the State of Colorado regarding water rights or drainage. DEFINITION Permittee: Owner of property to be accessed from a Town street or otherwise subject to these policies. Any application by the occupant of the property for a permit must be accompanied by written and notarized authority or other appropriate documentation which evidences the occupant's authority. Street: Streets are defined as rural or non -rural streets having borrow or drainage ditches, or constructed with curbs and gutters as defined in the Town Code. by: • • Page 1 of 2 Adrian Mendoza From: Adrian Mendoza Sent: Monday, September 08, 2008 8:11 AM To: 'bill@pollockonline.com' Subject: FW: Slater Electrical Substation Information Gathering Session Attachments: Presentation View 1-1.pdf; Presentation View1-5.pdf; Presentation View2-1.pdf; Presentation View2-5. pdf This came back as undeliverable, so here is another attempt... From: Adrian Mendoza Sent: Monday, September 08, 2008 8:09 AM To: 'bill@pllockonline.com' Cc: Adrian Mendoza Subject: FW: Slater Electrical Substation Information Gathering Session Mr. Pollock, I have attached four maps for your review. The maps depict the view from WCR 5.5 and the view from Saddle Drive. The 3-D renderings include at installation view as well as at approximately 5 years. The open house went well with all who attended. United Power (I) appreciated the feedback and the openness of all the residents. I think we answered everyone's questions because most everyone left the meeting in a pleasant mood regarding the landscaping of the Slater Sub. There were a couple comments that were popular that evening. One comment being that there is a noticeable open area on the north side of the sub, where the risers come down from the transmission lines into the substation. This open area is landscaped with shrub massings (a mix of evergreen and deciduous 15' ht. max), and small evergreen trees. The reason that this landscape design is designed this way is because; United Power (like all electric utilities) must meet clearance code. This code is a safety implementation for the public and the utility itself Another comment was about the view of the substation driving eastbound on Hwy 66. One resident was concerned about being able to see the substation as they drove home. My response was the natural contours of the land of the Silengo property sink, and thus it was going to be natural for people to view a part of the substation as its current state. Also, there is a subdivision planned for the Silengo Property. I wouldn't be accurate in discussing the timeline about that project, but I do know that there has been a lot of work and hours spent coming up with a development plan for that parcel of land. The big comment or question posed to United Power was the following: Will United Power landscape the area directly North on Centex's Property. This area has been designated a green belt area by Centex, but because Centex has left the state, they are not going to invest anymore into the Liberty Ranch development. This is a possibility; United Power hired Land Architects, who represented Centex at the Board of County Commissioners hearing, and together we have come up with this landscaping project that has worked out well for everyone involved. My response that night to the residents was, we will take this comment back to the senior management at United Power and discuss it. We will also need to discuss this with the planning department, as well as the county commissioners. A couple other things that I pointed out to the group that I would like to point out to you sir. At the hearing we presented that this substation would have a 10' Cedar wood fence with masonry corners. Because United Power is adding all of the trees and landscaping the fence would not be visible from the North, East, or South end of the property. Planned on the west side is a 10' cedar fence, however no masonry corners. On the other sides we will have a chain link fence. All drainage from our property is constructed to stay within the property bounds. 9/11/2008 • • Page 2 of 2 I hope this helps you and answers your two questions. I am also available to discuss this further if you have any other questions. Please contact me via email, or if after hours, feel free to contact me via my cell phone at 303- 304-4106. Sincerely, Jay Mendoza From: Bill Pollock [mailto:bill@pollockonline.com] Sent: Sunday, September 07, 2008 11:26 AM To: SlaterSubLandscape Cc: 'Bill Pollock' Subject: Slater Electrical Substation Information Gathering Session I was unable to attend the meeting held September 3rd. If possible, might you forward notes taken and materials distributed .. it would be appreciated. A review of the material you sent announcing the information gathering session seems to demonstrate United Power's commitment to the concerns of the Liberty Ranch residents. I was wondering about the perspective provided though .. it seems to be a view from the northeast. What would the perspective be from directly north, i.e. driving south on Wrangler Way? Would the view of the substation be as occluded? Thanks for the attention .. Bill Pollock 13682 Wrangler Way Mead, CO 80542 303-775-0077 9/11/2008 • • Name J et+rr`3>> s o nctck4 DeCca ?may . �� U tit e4 7-31ar Y lr F\ D1< M LD REGISTRATION Slater Sub Informational Gathering September 3, 2008 Address /3 702 wpftwyeee k)ay 1370 l,)ran7lo/ LL)CJ/ f3 b6/ ‘tiaNat ite �3s9/ritJeIWit ,t"(\ v�1 a.. I< ✓ 13133 SadiQ pr. Wee 1 t o 4 Qm o nh T- /373/ t ray'l,- h' y Z6 co 8ro:dk, pr )nie3 svdklfedv, aGIp (6r,tll.c Or 13 LoC_,K, Phone 303 y Kr -1-714 3o3 221,9 35? 9930-533 -nff 1Lo L(cc- L/3el 3—c' 3S-/3Ce(p 12m-519- 31 SS 303 S3z�&-6r -42O g'345-9 (sc.- -flp^BCDlS Memo: Slater Substation Landscaping Informational Gathering September 03, 2008 On August 25, 2008 United Power mailed out, a packet of information regarding the landscaping design for the Slater Substation, to all property owners within one half mile of the Substation site. One packet, addressed to Great Western Railroad, was returned via the U.S. Postal Service with a stamp stating "moved, no order." United Power took no further action to contact Great Western Railway. Residents arrived at the Liberty Grange Hall at approximately 6:30p.m. United Power had light refreshments for the attendees, which consisted of cookies, soda, and water. Upon the resident's arrival, United Staff welcomed them, and had them sign in. At approximately 6:40pm a comment was made to get started, because this particular resident expected the meeting to start at 6:30pm. I explained that in the letter mailed out, I had listed Land Architects presentation to start at 7:00pm sharp. I further explained that I would like to wait until 7:00pm because that was what I had stated in the letter. We compromised and started the meeting at 6:54p.m, just a few minutes early. As I started the meeting, I welcomed and thanked the residents for attending the gathering. I introduced United Power staff, (Donald McDaniel, Heidi Storz, and Jay Mendoza). Next, I explained the agenda for this gathering. I commented about the comment cards that were on the table. I asked for those that had questions to wait until after Land Architects presentation. I assured everyone that all comments would be heard and answered. I explained that United Power had set up a special email address for anyone who might have comments after that night. I explained that the email address would stay open until 5:00pm September 8, 2008; which would allow them 5 full days and six nights for them to email me any comments. I further explained that I would be available via my direct contact information for anyone that had comments. Land Architects made the presentation which lasted about twenty minutes. After the presentation, we had many questions. Questions ranged from the height of the trees at installation to expected height at full growth and concerns about maintenance of the green areas. One recurrent concern is a noticeable open area on the north side of the sub, where the risers come down from the transmission lines into the substation. This open area is landscaped with shrub massings (a mix of evergreen and deciduous 15' ht. max), and small evergreen trees. The reason that this landscape design is designed this way is because Tri-State Generation and Transmission, like all electric utilities, must meet National Electrical Safety Code clearances. This code is a safety implementation for both the public and the utility. Another resident commented was about the view of the substation driving eastbound on Hwy 66. One resident was concerned about being able to see the substation as they drove home. My response was the natural contours of the land of the Silengo property sink, and thus it was going to be natural for people to view a part of the substation in its current state. Also, there is a subdivision planned for the Silengo Property. I wouldn't be accurate in discussing the timeline 1 about that project, but I do know that there has been a lot of work and hours spent coming up with a development plan for that parcel of land. The key comment or question posed to United Power was whether United Power would landscape the area directly north on Centex's property. This area was designated a green belt area by Centex, but because Centex has left the state, they are not going to invest more money into the Liberty Ranch development at this time. United Power hired Land Architects, who represented Centex at the Board of County Commissioners hearing and helped develop their master plan for the development. Together we have developed this substation landscaping project to address everyone's concerns. My response that night to the residents regarding this additional parcel was that, we will take this comment back to the senior management at United Power for discussion. We will also need to discuss this with the planning department, and county commissioners. I shared a couple other changes with the group. At the Board of County Commissioners hearing the design showed the substation would have a 10' Cedar wood fence with masonry corners. Since United Power is now adding all of the trees and landscaping the fence would not be visible from the north, east, or south ends of the property. Consequently we are planning a 10' cedar fence on the west side without masonry corners. On the other three side's United Power will install a chain link fence. All drainage from the substation property is constructed to stay within the property bounds. With there being no further comments or questions, the meeting was dismissed. One interesting and gratifying comment was made by a resident. He thanked United Power for the hard work put in for the landscaping of this sub. In the following days after our meeting, United Power did not hear any comments from the residents at Liberty Ranch. An email came in directly from on Sunday, September 7, 2008 from Mr. Bill Pollock. I have attached that email as well as my response to this memo. Jay Mendoza Attachments hereto: Packet mailed out 08/25/08, Sign -in sheet, Mr. Pollock email and response. 2 • • Page 1 of 2 Adrian Mendoza From: LuAnn Penfold [Ipenfold@frehousemail.com] Sent: Thursday, August 28, 2008 12:36 PM To: Adrian Mendoza Subject: Re: Slater Substation Hi, The International Fire Code states that fire apparatus access roads must be a minimum of 20 feet in width and designed to suppport the imposed loads of fire apparatus in all weather conditions (75,000 pounds). LuAnn Penfold, Fire Marshal amendoza@UnitedPower.com wrote: From: "Adrian Mendoza" <amendoza@UnitedPower.com> To: <lpenfold@mountainviewfire.org> Subject: Slater Substation Date: Thu, 28 Aug 2008 11:29:55 -0600 Hi Mrs. Penfold, This email is a follow up to my voicemail that I left at 11:25 on 08/28/08. Like I mentioned to you, in some of the paper work that is required by Weld County, United Power must meet requirements for the approval of the Substation. The entrance to our substation will be of CR 5.5, and we will have this unmanned station with big gate entrances. Our utility vehicles will be able to access them easily, and so to will your emergency equipment vehicles if need be. I need from you access requirements, so I can verify that our sub meets those requirements. Thanks for your time, Jay Mendoza Joint Use and ROW Administrator 303-637-1275 (Direct) 303-304-4106 (Cell) amendoza nu n itod powe r.com 8/28/2008 • • Page 2 of 2 United Power P.O. Box 929 Brighton, CO 80601 ********************* THE WEB'S SOURCE FOR FIRE SERVICE TRAINING Drill Downloads, Live Events, Article Features & More http://www.firehouse.com/training/ GET THE BEST FIREFIGHTING CONTENT & FEATURES Join Firehouse.com's MembersZone Today http://cros.firehouse.com/launch/ 8/28/2008 02/07/2008 16:23 72357783 ALASKAMAR MENWR PAGE 04 December 20, :1007 Weld County Planning and Zoning 4209 CR 24 1 Longmont, CO 80504 RE: Recorded Exemption (RE -4712) To Whom It May Concern: This letter addresses the concerns of the Mountain View Fire Protection District as stated in the referral response dated October 1, 2007. There are no new residences or buildings planned for Lots A, B du C. No new water supply for fire protection is required for these lots. The planned access for the United Power electrical substation is bff of CR 5,5, which will provide all-weather access to Lot A. Sincerely, vu_a-4c Nancy I. SI ettoma. G { 4k Barbara Leslie Slater • ZNITED POWER Your Touchstone Energy® Partner %ift..tac August 25, 2008 To Whom It May Concern: United Power would like to invite you to an informational gathering session regarding the landscaping of the Slater Electrical Substation, on September 3, 2008, from 6:30pm to 8:00pm at the Liberty Hall Grange. The Liberty Hall Grange building is located at the intersection of Highway 66 and County Road 5. United Power has retained Land Architects, a well established landscaping firm in the Northern Colorado area, to design the landscaping for the Slater Substation. Land Architects will be presenting their draft proposal at 7:00pm sharp, and a question and comment session will follow their presentation. The electrical substation is located one- half mile south of Highway 66, east of County Road 5.5. The draft landscaping proposal is attached for your review. United Power has set up a special email address for comments regarding the landscaping of the Slater Substation. The email address is slatersublandscape@unitedpower.com. Also, comments can be made to me at (303) 637-1275 or my direct email at amendoza@unitedpower.com. Joint Use & ROW Administrator United Power, Inc. UNITED POWER, INC. PO BOX 929 • Brighton, CO 80601 303-659-0551 • 800-468-8809 • fax 303-659-2172 www.unitedpower.com h 1 1 --.__._1_ 1 `t ti III 1 I 1 IIII I • waS a v Q nsl mat VIM 1j_,INis, ,ea as48i.. z S z pct. ; PP tit -C 113M L1 rest r ' r I. Rip Rap Swale 0 z a W ti / J0 ► • Gcc. "•e •c.- rl r. eett i w i 3t z Proposed Swede Itar',ame. sfaii web 4/464 l9.j- - aM 4. Ye i1 Proposed Fence F. xisting drrlgabon Ditch /`tea //art �/`!'art1- 0 O Proposed Detention ba I ley ulullIUaaateme tr-reat?sNs/— - �1 to Q 0 , I W6._ _ __- et i i Slater Substation ' 4% Sua ex.iS taw r. at ocia jartFortaa0c rnr0 _ -" *ea a a a o a at, b r i - c •ws Mat yin i /ialasaasl/sa tame to ua1J1s naa/aafu sa/aatimai Wafawns&toms set t 1 rt C Ca - C, C • ss� CD CD C C • 0 V !44 l' I II 1 I I I I I I , I I Iel I 1 J I 11 I, • Y Il II It II it N A • Is I 1 I I • I J Tc r 4I f t /wean egg $111•11/4 M•INL a fir AIlle/ /1.119 4 SKI rs* 119MR • I s • lI • A I 1� 1 1 1 1' 1 I I I I I I I • , r • • a y uu 4WIp7 , Lisp um Kits I.IMI,4il9 wsITi1/ SIM 1••••Mad A r 0 ■ • • • g 1 r--44408 1 r lei 11c Qi 1 Y� I V i a) • C CD C 0 I 1 i I rI qfl Nis aallananiaat/ MIaOilltirtiliahsane esteammet— t C e- C mCC �i 2 I II•bars • 4 aft. it +•. Zit-9 d3M l' - H ��._•e`.'_•• a S i I A wgii! d$SCS. t -�---- -• $ w [ES s — =.c'o I Curl 0J C g Fl U C CD C C a 41 CALL [LOCAL in ite ►fficials approve ectrical building tipn is very important for (United Power)" said Dick Clark, United Power attorney. "Without this substation/they cannot continue to supply the By Kacia Munshaw electrical demand of the Longmont Times -Call area." ror United Power officials, Officials of the company rviding the electricity need- j said theybegan reseaching the of placing a . to keep the homes of their substnson ]intim growing area 000 is a top,priority. bacleino004 and felt;ihempnsh -howeverwith the growth to get started on the project 'n throughout the southwest after they received numerous !id Countyarea, supplying complaints, of low voltage, a demand was becoming a from residents near the Mead �blem. area in late 2006 and early the solution, said company ,.2002 icials, is to build an electri- 1 substation along Colo. ghway between Weld Coun- roads 5 and 7. During a hearing before ald County commissioners Wednesday, the substation is approved after months of bate. "It is a bit of relief," said qy Whitmore, director of ex- mai affairs for UnitedPow- "Now we can get to improv- ;that area. Service isim- rtant to us." United Power submitted eir application into the Weld minty Planning and Zoning commission in September. to application Was contested homeowners in the Liberty inch housing development ;:ated in Mead, bordering e proposed substation loca m. The dispute between the ewer company)and residents ant before the Weld County tmmissioners at a hearing co Wednesday, • The dispute over the loci - m of the power facilitystart [ in September when United Aver submitted an applica- on into Weld County Plan- ng and ZoningCommission build the electrical substa-- on who feared what having a ibstationnext totheir'p p-1 ties would do theithOStae clues. rst< The application+was dent*d ;the commfssiomtin'the - tTt acing by the'commission be- fuse members feltthat there ould be'greateconomic dam- es done to the Liberty anch area and that there wld be another location tore suitable, said planner [ichelle Martin: This was overturned by a air to one vote by county ommissioners. "This location and substa- After reviewing various possible areas to build the structure, it was concluded that the projected location wouldallow them to supply the needed power. A group of about 15 Liberty Ranch homeowners were at Wednesday's hearing=to ask` the commissioners,taunder stand their concerns for their homes.. "We are speaking from the heart today," said Liz Alexan- der, president of the Liberty Ranch Home Owners Associa- tion. "We are contesting the location and what it is going to do to us as property owners." Alexander, said they under- stand the necessity behind the project, but they felt there were other locations possible that would -not take-awayfrom the visual effects of home, therefore decreasingiheir. property values. Alexander, who was repre sentmg the community,. said that researchbe had done showed that home'values would go down withha+substa lion so close, people would choose to not move into a_de velopment with a substation as a neighbor and health is- sues could "arise. "Liberty Ranch residents tfeel wehavebeen-overlooked ,in this issue," Alexander said: To help work with the resi- dents, commissioners; agreed to the substation under the terms that United Power would workwith the Liberty Ranch U0A and Centex Homes who owns the,develop ment, Whitmore said United Pow- er is willing to work with the residents to make the substa- tion as visually appealing as possible. • S Michelle Martin From: Sent: To: Cc: Subject: The new WHEREAS is: Bruce Barker Wednesday, July 16, 2008 7:21 PM Esther Gesick Michelle Martin Slater Trust WHEREAS, the Applicant has offered an amendment to the application such that the total acreage is 7.67 acres, and the Board hereby finds and determines that such change is not considered to be a substantial or material change for the purposes of the Weld County Code, and The change to 1.I. is to delete the last sentence, and then add the following: The Improvements Agreement shall include a drainage and landscaping component that is designed by a licensed landscape architect paid for by the Applicant. The Liberty Home Owners Association and Centex Homes shall be provided notice of the proposed Improvements Agreement and the time and date of the meeting when the it shall be considered by the Board. Liberty and Centex shall be notified of any other hearings or meetings thereafter which address the Improvements Agreement. Town of Mead P.O. Box 626 441 Third Street Mead, Colorado 80542-0526 (970) 535-4477 Office (970) 535-0831 Fax July 7, 2008 Mr. William Jerke, Chairman Weld County Board of Commissioners 915 10th Street, 3rd Floor P. O. Box 758 Greeley CO 80632 Dear Chairman Jerke: The Board of Trustees for the Town of Mead has directed me to write a letter objecting to the proposed location of the substation for United Power adjacent to the Liberty Ranch Subdivision in the Town of Mead. The Board of Trustees is requesting that the County Board of Commissioners deny the request to site the facility in its proposed location for the following reasons: • The proposed facility does not comply with the Mead Comprehensive Plan which calls for residential uses at this site as well as on all sides of this property. • The proposed facility is incompatible with the adjacent neighborhood. • The proposed facility will have a negative impact on adjacent property values. • The proposed facility will have a negative impact on the future development of adjacent properties in the general vicinity of the proposed substation. • The proposed facility will have a negative impact on the health, safety and welfare of adjacent residents. • The proposed facility will have a negative visual impact on nearby residents. • The owner/developer of the facility cannot mitigate the negative impacts of the facility. • The owner/developer has not properly investigated ail reasonable alternatives. On behalf of the residents of Mead the Board of Trustees objects to the proposed location for an electrical substation by United Power. The Board of Trustees urges the Weld County Board of Commissioners to deny the application by United Power for an electrical substation in this location. Thank you for your consideration of our request. Very truly yours, Dan J. Dean Town Manager FOSTER GRAHAM MILSTEIN MILLER CALISHER LLP ATTORNEYS AT LAW June 6, 2008 Mr. Bill Jerke, BOCC Chairman Weld County Colorado 915 10`11 Street Greeley, Colorado 80642 VIA E-MAIL TRANSMISSION AND FIRST CLASS MAIL Re: Applicant — United Power Case No. USR-1629, Site Specific Development Plan and Use by Special Review for a Major Facility of a Public Utility or Public Agency (Electrical Substation) Dear Chairman Jerke: Upon returning to my office from the hearing on Wednesday June 4111, we identified two scheduling conflicts with the June 25°i hearing. First, 1 slid not have the opportunity to vet this date and time with two of my law partners who will be handling a large portion of the hearing. Neither of them is available on the 25`1' as they will both be out of town. Second, in listening to the important arguments the entire BOCC articulated in determining that a de novo hearing was appropriate, many of the people you want to hear from will have work related conflicts with any hearing scheduled for 9:00 a.m. We ask you to please consider scheduling an evening hearing for this matter, or at the very least, an afternoon hearing. Again, please know that my client is grateful for your consideration of this request. Sincerely, FOSTER MILSTEIN MILLER & CALfSHER, LLP David Wm. Foster cc: Mr. Bruce T. Barker, County Attorney Mr. Richard K. Clark, Mr. Mark A. Meyer 621 SEVENTEENTH STREET O 19TH FLOOR O DENVER, COLORADO 80293 303 333 9810 PHONE O 303 333 9786 FAX WWW.FOSTERGRAHAM.COM Michelle Martin From: Sent: To: Cc: Subject: Attachments: BOCC Letter equesting New Hea. Mark, Esther Gesick Friday, June 06, 2008 3:31 PM Mark Meyer Bruce Barker; Debbie Leebove; David Foster; Michelle Martin FW: Letter to Weld Cty BOCC requesting new hearing date BOCC Letter Requesting New Hearing Date_6-6-08.pdf I received the attached letter requesting a continuance of the case for USR #1629 (Slater/United Power) currently scheduled for June 25, 2008. In working with Mr. Foster's assistant, I understand that they are proposing a continuance to Wednesday, July 16, 2008, at 1:30 p.m. Please consult with your associates and let me know if this will work with your schedules. I will also note that, at this time there are no other hearings scheduled, all five Commissioners are scheduled to be in attendance, and a continuance would also be supported by the Department of Planning Services. Esther E. Gesick Deputy Clerk to the Board 915 10th Street Greeley, CO 80631 (970)356-4000 X4226 (970)352-0242 (fax) Original Message From: Debbie Leebove[mailto:dleebove@fostergraham.com] Sent: Friday, June 06, 2008 3:08 PM To: Esther Gesick Cc: David Foster; Cynthia M. Treadwell; Dan Calisher; lmpurdy@centexhomes.com Subject: Letter to Weld Cty BOCC requesting new hearing date Esther, Please forward the attached letter to Mr. Jerke from David Foster. We appreciate your help in forwarding the letter to Mr. Barker, Mr. Clark and Mr. Meyer as well. Thank you very much, Debbie Leebove Executive Assistant to David Wm. Foster Foster Graham Milstein Miller & Calisher, LLP 621 17th Street, 19th Floor, Denver, CO 80293 1 CD 4s..t u O a N° i b ai tri arcs as c, m y "44: U. a�o tie at ri d •m , flits .G 2.48 ,c 3 o d. i'.o6'r6 • • Michelle Martin From: Sent: To: Cc: Subject: David and Mark: Bruce Barker Thursday, April 17, 2008 10:24 AM Mark Meyer; David Foster Esther Gesick; Michelle Martin RE: Appeal Timeline This is the e-mail message I just got from Esther Gesick, Deputy Clerk to the Board: "I just got word from the transcriptionist that she was able to get an FTR tech to fix her Player, so she is doing her best to meet the 25th deadline. I'll keep you posted." I think the schedule that you both have come up with will work. I would think that we could have Esther certify everything in the record except the transcript and get that to you by tomorrow. Esther and I will then push to get the transcript done by the 25th. If that sounds OK to both of you, I will get the resolution redoing the schedule done today to put on the agenda for Monday. Bruce. Original Message From: Mark Meyer [mailto:mmeyer@rothgerber.com] Sent: Thursday, April 17, 2008 9:57 AM To: Bruce Barker; David Foster Subject: Re: Appeal Timeline Bruce: Please confirm these dates work for you to include in the draft BOCC Resolution. You had mentioned the possibility that you will be sending out a certified copy of the record, excluding and in advance of obtaining the transcript. For the proposed timing to work, we will need to confirm that this works for you and that we will be able to receive this information in the next day or two. In addition, as David references, the timing schedule below assumes that the transcript will be received by Friday, April 25th, and hopefully sooner. Thank you. Mark A. Meyer, Esq. Rothgerber Johnson & Lyons LLP 1200 17th Street, Suite 3000 Denver, Colorado 80202 Phone: (303) 623-9000 Facsimile: (303) 623-9222 E-mail: "mmeyer@rothgerber.com" s******** ***** ************************************************************* NOTICE: This electronic mail transmission may constitute an attorney -client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail, so that our address record can be corrected. ************************************************************+...« ********** »> "David Foster" cdavid@fostergraham.com> 4/17/2008 9:36 AM »> I am okay with the timeline provided to me by Mark below: 1 • • Wed April 30 - United Power submit complaint Tues May 6th Response due Friday May 9th - United Power reply Wed May 14th - Hearing This assumes that a full record, including transcript, is received by Friday, April 25th or sooner. Bruce, if this works for your purposes with the BOCC, we are capable of making these deadlines work for us and our client. David Wm. Foster, co -managing partner Foster Graham Milstein Miller & Calisher LLP 621 Seventeenth St., 19th Floor Denver, CO 80293 (303)333-9810 (303)333-9786 (fax) www.fostergraham.com <http://www.fostergraham.com/> PLEASE NOTE: This email message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and/or exempt from disclosure. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately. FEDERAL TAX ADVICE DISCLAIMER: We are required by U.S. Treasury Regulations to inform you that, to the extent this message includes any federal tax advice, this message is not intended or written by the sender to be used, and cannot be used, for the purpose of avoiding federal tax penalties. 2 Hello