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Home My WebLink About20042668.tiff CORRECTED RESOLUTION (Corrected as to Legal Description) RE: APPROVE PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT #1339 - ROCKY MOUNTAIN ENERGY CENTER, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, by Resolution dated February 6, 2002, the Board did approve Use by Special Review Permit#1339 to operate a power generation facility operation for Rocky Mountain Energy Center, LLC on the following described real estate, to-wit: Part of Section 7, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board has received a request from Rocky Mountain Energy Center, LLC, 1200 17th Street, Suite 770, Denver, Colorado 80202, to vacate a portion (approximately 107 acres) of said Special Review Permit#1339, and WHEREAS,the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said partial vacation, conditional upon the following: 1. Pursuant to Section 23-2-200.G.5 of the Weld County Code, the applicant shall submit a revised Partial Vacation Use by Special Review Plat, conforming to Section 23-2-260.D of the Weld County Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Use by Special Review Permit#1339 be, and hereby is, partially vacated, with the abovementioned condition. 11111111111111111111111111111 I I I 1111111 I I 111111 I I I 11111 3489555 07/11/2007 01:33P Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2004-2668 PL1582 O V• pact ols4- 1 'I Y'0-7 PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT#1339 - ROCKY MOUNTAIN ENERGY CENTER, LLC PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 8th day of September, A.D., 2004. BOARD OF COUNTY COMMISSIONERS W D , COLORADO ATTEST 7� C UNTY �,9�, /( Robert D. Masden, Chair Weld County Clerk tot e-L, '% Lle c.� William H. Jer Pro-Tem BY: Deputy Clerk to the Bo M. eile APPROJ/ D AS • cy Day' E. Lon County Attorney Glenn Vaad Date of signature: C la/ld HBO 11111 DIRE 1111111 111111 III 'IIII IIII IIII 3489555 07/11/2007 01:33P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2004-2668 PL1582 MEMORANDUM I -rip TO: Board of County Commissioners August 24, 2004 IFROM: Monica Mika, Department of Planning Services enter SUBJECT: Partial Vacation-Rocky Mountain Ener y Center CO9 O ' D EC: Lee Morrison, Asst County Attorney The Department of Planning Services has reviewed a request for partial vacation for Rocky Mountain Energy Center, LLC. Use by Special Review Permit number 1339. The parcel for vacation is described as a 107 acre parcel located in Section 7, T5N, R65W of the 6th PM, Weld County, Colorado. Pursuant to Section 23-2-200 G of the Weld County Code, and after review of the original case file, and in consultation with the County Attorney's office, staff recommends approval of the vacation of that portion of the USR shown as the 107 acre well field site located near Kersey. This will result in a decrease in the land mass occupied by the USR by eliminating the well field site which is not being used for This recommendation is condition upon the applicant's submittal of revised plats in accordance with Section 23-2-260 D of the Code. M:\WPFILES\Voneen\Monica work\Calpine Partial Vacation8-16-04.doc 2004-2668 all • CALPINE Ilk Rocky Mountain Energy Center, LLC 120017 Si,Ste.770 DENVER,CO 80202 • 720.946.1338 720.359.9140 (FAX) July 30, 2004 • Sent by Fed-Ex 0 3 2004 Ms. Monica Daniels-Mika RECEIVED Department of Planning Services 1555 North Seventeenth Avenue Greeley, Colorado 80631 RE: Request for Partial Vacation—Rocky Mountain Energy Center, LLC Use by Special Review Permit No. 1339 Dear Ms. Daniels-Mika: Pursuant to Section 23-2-200(G) of the Weld County Code, Rocky Mountain Energy Center, LLC ("RMEC") respectfully requests a partial vacation of its Use by Special Review Permit No. 1339 (USR Permit). See Attachment 1, USR Permit. RMEC does not need the approximately 107-acreWell Field Site located near Kersey to operate its power generation facility operations near Hudson, Colorado. Therefore, RMEC requests that the Well Field Site be vacated from USR Permit coverage. The recorded plat for the USR Permit includes several references to the Well Field Site. See Attachment 2, Copy of Recorded Plat. These references include: USR Sheet 1 - Site Specific Development Plan—Paragraph 2; -Vicinity Map of Well Field Site USR Sheet 2 - Property Description Per Title Commitment #2002727000 (Well Field Site) USR Sheet 5 -Rocky Mountain Energy Center Well Field Site July 30, 2004 Page 2 RMEC appreciates your consideration of this matter. Please let me know if you have any questions. Sincerely, ¶o 6\Ilnnain Mari Gillman Project Development Enclosures 3260946_I.DOC ATTACHMENT 1 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1339 FOR A USE BY RIGHT,AN ACCESSORY USE,AND A USE BY SPECIAL REVIEW IN THE INDUSTRIAL ZONE DISTRICT(POWER GENERATION FACILITY, INCLUDING TWO HEAT RECOVERY STEAM GENIERATOR/COMBUSTION TURBINE GENERATOR EXHAUST STACKS APPROXIMATELY 175 FEET IN HEIGHT, ONE AUXILIARY BOILER STACK APPROXIMATELY 120 FEET IN HEIGHT,AND TWO HEAT RECOVERY STEAM GENERATORS THE DIMENSIONS OF EACH BEING APPROXIMATELY 90 FEET TALL.BY 150 FEET LONG BY 40 FEET WIDE,A 107-ACRE WELL FIELD SITE,AN APPROXIMATELY 8-MILE LONG GAS PIPELINE AND AN APPROXIMATELY 22- MILE WATER PIPELINE)AND AGRICULTURAL USE BY RIGHT IN THE A (AGRICULTURAL)ZONE DISTRICT-ROCKY MOUNTAIN ENERGY CENTER,LLC WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 6th day of February, 2002,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Rocky Mountain Energy Center, LLC, do David Perkins, 26 West Dry Creek Circle, Littleton, Colorado 80120,for a Site Specific Development Plan and Use by Special Review Permit#1339 for a Use by Right, an Accessory Use,and a Use by Special Review in the Industrial Zone District(Power Generation Facility,including two heat recovery steam generator/combustion turbine generator exhaust stacks approximately 175 feet in height, one auxiliary boiler stack approximately 120 feet in height,and two heat recovery steam generators the dimensions of each being approximately 90 feet tall by 150 feet long by 40 feet wide, a 107-acre Well Field site,an approximately 8-mile long Gas Pipeline)and an approximately 22-mile Water Pipeline and Agricultural Use by Right in the A(Agricultural) Zone District on the following described real estate, to-wit: Power Generation Facility: Section 31, Township 2 North, Range 64 West of the 6th P.M.,Weld County, Colorado Well Field Site: Section 7,Township 5 North, Range 64 West of the 6th P.M.,Weld County, Colorado Various parcels along the Gas Pipeline and Water Pipelines • WHEREAS, said applicant and representatives were present at said hearing, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and 2002-0143 PL1582 SPECIAL REVIEW PERMIT#1339- ROCKY MOUNTAIN ENERGY CENTER, LLC PAGE 2 WHEREAS,the Board of County Commissioners heard all of the testimony and statements of those present,studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and,having been fully informed,finds that this request shall be approved for the following reasons: 1. The submitted materials are In compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.8 of the Weld County Code as follows: a. Section 23-2-230.B.1 —The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinances In effect. By dedicating a small portion of the site for improvements,the applicant has made an attempt to preserve prime farm land. Further,as stated in the application materials, no"Prime"farm ground will be taken out of production. Of the 633 acres at the Power Generation Facility site, only 88 acres will be used for facility purposes. The Well Field site will continue to be predominately agricultural as only ten of the 107 acres will be used for Well Field activities. Presently,the Well Field site location is in sub-irrigated pasture and a portion of the Power Generation Facility site is in agricultural production served by a center pivot irrigation system. According to the application materials,the existing center pivot will continue to irrigate the Power Generation Facility site. The application satisfies the following goals as cited from Chapter 22 of the Weld County Code. Section 22-2-60.A.1 (A.Goal 1)states."the application preserves prime farmland for agricultural purposes which foster the economic health and continuance of agriculture." The design and layout of both sites has attempted to preserve agricultural lands,and historic farming practices will continue. According to the application materials both parcels will retain existing water rights to irrigate the farm ground. The Power Generation Facility was designed to be located on a partially sloped area west of the cultivated portion of the site. Additionally,existing infrastructure is available by rail lines and Interstate 1-76. As a Condition of Approval local roadway upgrades will be required. Section 22-2-60.B.1 (A. Goal 2)states, 'the application allows commercial and industrial uses which are directly related to or dependent upon agriculture to locate within agricultural zoning when the impact to surrounding properties is minimal, and where adequate services and infrastructure are available." The majority of the land surrounding the Power Generation Facility will serve as a buffer between existing residential units within the vicinity of the site and the industrial and commercial development occurring adjacent to the municipal limits of the Town of Hudson. 2002-0143 PL1582 SPECIAL REVIEW PERMIT#1339- ROCKY MOUNTAIN ENERGY CENTER, LLC PAGE 3 Section 22-2-60.C.1 (A. Goal 3)states, 'Discourage urban-scale residential, commercial and industrial development which is not located adjacent to incorporated municipalities." The Town of Hudson Industrial Park is located west of and adjacent to the site. This Industrial park is presently under development and has been Identified by the Town of Hudson for heavy industrial uses. As cited in Section 22-3-10.A, "the effective and efficient delivery of adequate public service is one of the primary purposes and benefits of effective land use planning "Furthermore, Section 22-3-10.O states,"one of the basic objectives of the County Is to plan and coordinate a timely, orderly, and efficient arrangement of public facilities and services." Public Facilities and Service Goals as referenced in Section 22-3-50.A.1 (P.Goal 1)states"... to promote efficient and cost effective delivery of public facilities and services." Further, Section 22-3-50.8.1 (P.Goal 2) "...requires adequate facilities to ensure the health, safety and general welfare of the present and future residents of the County." The proposed Power Generation Facility, including the 107-acre Well Field site, and approximately an eight-mile long Gas Pipeline, and an approximately 22-mile Water Pipeline and agricultural uses allowed as a Use by Right have been reviewed and the attached Development Standards and Conditions of Approval will ensure protection of the health safety and welfare of the residents and the County. b. Section 23-2-230.8.2—The proposed use is consistent with the intent of the A(Agricultural)Zone District. Section 23-3-310.B.1 of the Weld County Code provides for a use permitted as a Use by Right and Accessory Use or a Use by Special Review in the Industrial Zone District for a Power Generation Facility. The attached Development Standards and Conditions of Approval will mitigate impacts to the surrounding community. Well Field site activities are considered as a use clearly incidental and accessory to the operations of a Use Allowed by Right in the A(Agricultural)Zone District. Additionally, one residential structure is located on each parcel. Both these structures are viewed as principal structures and are a Use by Right. c. Section 23-2-230.B.3—The uses which will be permitted will be compatible with the existing surrounding land uses. The Power Generation Facility Property is contiguous with the Town of Hudson's municipal boundary, and as such, is directly contiguous with the Town's Industrial Park. A Waste Water Treatment Facility has been planned for a portion of the adjoining industrial park. Other industrial applications are occurring adjacent to the Power Generation Facility site. Several large agricultural operations surround the site in all directions. Many of these farming operations have been approved through the Use by Special Review process. The Town of Hudson reviewed this application and found no conflicts with Its Interests. The Town of Keenesburg also reviewed this application and found no conflicts with its 2002-0143 PL1582 SPECIAL REVIEW PERMIT#1339- ROCKY MOUNTAIN ENERGY CENTER, LLC PAGE 4 interests, but did suggest the need to enter into a Water Agreement with the applicant. The Well Field site is located in a predominately agricultural area. Surrounding land uses are in agricultural production. The Introduction of the wells will not adversely effect the visual appeal of the site. d. Section 23-2-230.B.4—The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect,or the adopted Master Plans of affected municipalities. The Towns of Hudson and Keenesburg reviewed this application and found no conflict to their interests. The Power Generation Facility site location is outside of the Town of Keenesburg's Intergovernmental Agreement Area and the Town of Kersey's Intergovernmental Agreement Area does not include the Well Field site location. e. Section 23-2-230.B.6—The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The area within the Use By Spedal Review area has been designated as"Prime if Irrigated"and"Non-prime", by the Important Farmlands of Weld County, dated 1979. A portion, 545 acres, of the Power Generation Facility site has been designed to preserve existing farmland and environmentally sensitive areas. Due to well site activities, ten acres of the Well Field site will be disturbed and the existing agricultural land uses will continue. The existing farm house will be used as a primary dwelling. Further, on both sites the existing agricultural use will be maintained by the use of the water rights presently associated with the farming practices on both sites. f. Section 23-2-230.8.7—The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250,Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The Weld County Sheriffs Office and the Hudson Fire District reviewed this application and found no conflicts with their interests. The Weld County Department of Public Health and Environment reviewed this application and recommended approval with the attached Conditions of Approval which will ensure the safety and welfare of the inhabitants of the County are maintained. 2002-0143 PL1582 SPECIAL REVIEW PERMIT#1339- ROCKY MOUNTAIN ENERGY CENTER, LLC PAGE 5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Rocky Mountain Energy Center, LLC,for a Site Specific Development Plan and Use by Special Review Permit#1339 for a Use by Right, an Accessory Use, and a Use by Special Review in the Industrial Zone District(Power Generation Facility, including two heat recovery steam generator/combustion turbine generator exhaust stacks approximately 175 feet in height,one auxiliary boiler stack approximately 120 feet in height, and two heat recovery steam generators the dimensions of each being approximately 90 feet tall by 150 feet long by 40 feet wide, a 107-acre Well Field site, an approximately 8-mile long Gas Pipeline and an approximately 22-mile Water Pipeline)and Agricultural Use by Right in the A(Agricultural)Zone District on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Use by Special Review Permit shall be adopted and placed on the Use by Special Review Plat prior to recording. The completed plat shall be delivered to the Weld County Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 60 days of approval by the Board of County Commissioners. Extension beyond this time may be administratively granted. 2. Prior to recording the Plat A. The applicant shall submit the Contingency Plan for review and approval to the Weld County Department of Public Health and Environment, Emergency Management Office, and the Department of Planning Services. B. All ditch and irrigation structures shall be identified by name and a copy of all Irrigation and ditch agreements shall be Included in the record. C. The applicant shall comply with any requirements cited from the Cultural Resource Study. D. A defined parking area on the plant facility and Well Field site shall be identified. The parking areas shall meet the parking requirements of Appendices 23.A and 23.B of the Weld County Code. E. The applicant shall submit the appropriate Air Pollution Emission Notice (A.P.E.N.)and an Emissions Permit application to the Air Pollution Control Division of the Colorado Department of Public Health and Environment for the power plant facility and the construction of the gas and water lines. Furthermore,the applicant shall submit evidence of application to the Department of Planning Services. F. The applicant shall provide evidence to the Weld County Department of Public Health and the Environment that any existing or constructed well(s)have been appropriately permitted/registered with the Colorado Division of Water Resources. Submit evidence of approval/compliance to the Department of Planning Services. 2002-0143 PL1582 SPECIAL REVIEW PERMIT#1339 - ROCKY MOUNTAIN ENERGY CENTER, LLC PAGE 6 G. The facility shall provide evidence that all waste treatment and disposal systems are designed to meet the"Zero Liquid Discharge'criteria described in the application materials. The systems shall be designed by a registered professional engineer. All waste water treatment systems shall comply with all applicable rules and regulations. The applicant shall submit evidence of approval/compliance to the Department of Planning Services. H. The applicant shall provide evidence to the Department of Planning Services of an agreement between the applicant and the Burlington Northern Railroad for the installation of signals and gates at the railroad crossing on Weld County Road 51 and Weld County Road 16, if needed. I. The applicant shall submit a Weed Management Plan to the Department of Public Works and receive approval. Furthermore, the applicant shall submit evidence of approval/compliance to the Department of Planning Services. J. The applicant shall adhere to the improvements and maintenance activities for Weld County Road 51,from U.S. Highway 34 north to the entrance of the Well Field site, as specified in the November 5, 2001, Memorandum from Weld County Department of Public Works. K. The applicant shall provide evidence of approval from the Colorado Department of Transportation (COOT) regarding improvements, If required by CDOT,for the 1-76 Frontage Road,the I-76/Weld County Road 49 interchange and construction activities, and the intersection of the 1-76 Frontage Road and Weld County Road 51. L. The applicant shall enter Into an Improvements Agreement for paving Weld County Road 51 from the 1-76 Frontage Road to Highway 52. M. The applicant shall submit a final executed surface use agreement relating to oil and gas interests at the power plant site between Anacapa Land Company, LLC, and RME Petroleum Company,and RME Land Corporation to the Department of Planning Services. 3. Prior to commencement of construction activities to which the requirement relates: A. A Lighting Plan,detailing on and off site impacts, shall be reviewed and approved by Weld County Department of Planning Services staff. The plan shall incorporate exterior lighting designed with hooded downward illumination. B. The applicant shall obtain a Storm Water Discharge Permit from the Colorado Department of Public Health and Environment,Water Quality Control Division,for the construction of the Well Field, gas and water lines,and the construction of the Power Generation Facility and Well 2002-0143 PL1582 SPECIAL REVIEW PERMIT#1339 - ROCKY MOUNTAIN ENERGY CENTER, LLC PAGE 7 Field Site,if applicable. Submit evidence of approval/compliance to the Department of Planning Services. C. The applicant shall receive approval for use of right-of-way in accordance with the County utility permitting process. The standard for installation on any gravel roads shall be to return the road to a width of 24 feet with 3:1 fore slopes and a minimum of 4 Inches of compacted Class 6 gravel or the existing width and depth whichever is greater. The standard for paved roads shall be the width of the existing roadway. The applicant shall show that the installation of lines will not inhibit future roadway construction for rights-of-way which currently do not have any improvements. 4. Prior to issuance of Certificate of Occupancy A. In the event the well site maintenance building or any structure located on the power plant property is equipped with a floor drain,the applicant must apply for an Underground Injection Control (UIC)Class V Injection Well permit through the Environmental Protection Agency, or provide evidence that the applicant is not subject to this requirement. Submit evidence of approval to the Department of Planning Services. B. All septic systems located on the property shall have appropriate permits from the Weld County Department of Public Health and Environment. My existing Septic system(s)which is not currently permitted through the Weld County Department of Public Health and Environment will require an I.S.D.S. Evaluation prior to the issuance of the required septic permits. In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current regulations. Submit evidence of approval/compliance to the Department of Planning Services. C. An I.S.D.S. or Package Sewage Treatment Plant shall be installed at the Power Plant to treat sanitary wastes. In the event a septic system is installed, it shall be designed and installed according to the Weld County I.S.D.S. Regulations. In the event a package plan is the chosen method of treatment for sanitary wastes, the plan shall comply with all requirements of the Water Quality Control Division of the Colorado Department of Public Health and Environment. Submit evidence of approval/compliance to the Department of Planning Services. D. The applicant shall provide evidence that a permanent, potable water supply has been obtained to serve the power plant that complies with the Colorado Primary Drinking Water Regulations(5 CCR 1003-6). Submit evidence of approval/compliance to the Department of Planning Services. E. The applicant shall supply a Storm Water Drainage Report in accordance with Section 23-2-240.A.5. Submit evidence of approvalcompliance to the Department of Planning Services. 2002-0143 PL1582 SPECIAL REVIEW PERMIT#1339-ROCKY MOUNTAIN ENERGY CENTER, LLC PAGE 8 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 6th day of February,A.D., 2002. BOARD OF COUNTY COMMISSIONERS W�DD,'CIO'UN CO ORADO � � ^^�l ATTEST: aa %e GI:aWVaad, hair Clerk to the Board ` l David . ng, Pro-Tern 1 1961 ep rk to the Board � t ale ,AS F M: it.A-w .z pNf IFiAtfirtam H.ckek ty Marne Robe . Masden Date of signature: a° 2002-0143 PL1582 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ROCKY MOUNTAIN ENERGY CENTER, LLC USR#1339 1. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 2. The Site Specific Development Plan and Use by Special Review Permit is for a Use by Right,an Accessory Use,or a Use by Special Review in the Industrial Zone District(Power Generation Facility, including a 107-acre Well Field site,an approximately eight-mile long Gas Pipeline and an approximately 22-mile Water Pipeline) in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated herein. In accordance with the application, the RMEC design will preserve a significant amount of farmland and environmentally sensitive area of the Power Generation Facility Property for the term of the Use by Special Review Permit. 3. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 4. The applicant shall supply an approved water agreement demonstrating that adequate water can be made available to the site for a 30-year period. This information shall be provided to the Department of Planning Services two years prior to the expiration of the agreement with the City of Aurora. 5. All liquid and solid wastes,as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 6. No permanent disposal of wastes shall be permitted at this site. 7. Waste materials shall be handled,stored, and disposed in a manner that controls fugitive dust,.blowing debris, and other potential nuisance conditions. 8. Fugitive dust shall be controlled on this site. 9. The facility shall adhere to the maximum permissible noise levels allowed In the Industrial Zone District as delineated in Section 25-12-103,C.R.S. 10. Adequate toilet facilities shall be provided for employees and the public. 11. The applicant shall provide adequate toilet facilities(Port-A-Potty)during the construction of phases of the project. 12. The facility shall provide bottled water for drinking during construction of the project. 13. The facility shall maintain compliance with all requirements of the Water Quality Control Division of the Colorado Department of Public Health and Environment. 2002-0143 PL1582 DEVELOPMENT STANDARDS-ROCKY MOUNTAIN ENERGY CENTER, LLC(USR#1339) PAGE 2 14. The power plant shall be equipped with an adequate water supply for drinking and sanitary purposes. The water supply shall comply with all applicable portions of the Colorado Primary Drinking Water Regulations (5 CCS 1003-6). 15. The facility shall operate as a"Zero Liquid Discharge"site. With the exception to sanitary wastes, no liquids shall be disposed into the earth. 16. The facility shall not impact off-site air temperatures. 17. The facility shall adhere to all rules and regulations of the Air Pollution Control Division of the Colorado Department of Public Health and Environment. 18. The landscaping on site shall be maintained in accordance with the approved Landscape Plan. 19. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 20. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250.Weld County Code. 21. There will be no staging or parking of equipment or vehides on Weld County roads adjacent to the proposed facilities. Only on-site parking shall be utilized for this activity. All access drives and parking areas shall be surfaced with asphalt or equivalent and shall be graded to prevent drainage problems. 22. All new buildings will require review and building permit approval. Plans for buildings and foundations shall be designed by a Colorado professional architect or engineer. 23. Hours of operation for construction of the facility shall occur Monday through Saturday from 6:00 a.m. to 6:00 p.m.,with the understanding that for critical construction activities,there will be a need for 24 hours of operation on occasion,with 24 hours of advance notification to the Department of Planning Services,and at commission time of the plant there will be a need for 24 hours of operation. 24. Pursuant to Section 404 of the Clean Water Act, the Department of the Army shall be notified if any work associated with this project requires the placement of dredge or fill materials, and any excavation associated with a dredge or fill project, either temporary or permanent, in waters of the United States. 25. In accordance with Section 23-2-200.E of the Weld County Code, If the Use by Special Review has not commenced from the date of approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive. The County shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the Use by Special Review. If the Use by Special Review is revoked,it shall be necessary to follow the procedures and requirements of Division 4 of the Weld County Code in order to reestablish any Use by Special Review. 2002-0143 PL1582 DEVELOPMENT STANDARDS- ROCKY MOUNTAIN ENERGY CENTER, LLC(USR#1339) PAGE 3 26. Personnel from the Weld County Departments of Public Health and Environment, Public Works,and Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 27. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 28. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may reason for revocation of the Permit by the Board of County Commissioners. 29. If necessary,the applicant shall supply a Water Augmentation Plan approved by the Water Court within 30 days of such Water Court approval. 30. The applicant shall pursue an agreement with the Town of Keenesburg for use of the capacity of the water lines. 2002-0143 PL1582 ATIACMIENT 2 i unNuIIIIiNIu nvIIumIwMl PERMIT NUMBER USR-1339 I ma1 amelo ROCKY MOUNTAIN ENERGY CENTER, LLC I t,.- POWER GENERATION FACILITY SITE SPECIFIC DEVELOPMENT PLAN A PORTION OF THE SOUTH ONE-HALF OF SECTION 31, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE USE BY SPECIAL REvTLW PERMIT DEVELOPMENT STANDARDS ROCKY OF THE SIXTH P.M., WELD COUNTY, COLORADO MOUNTAIN ENERGY CENTER, LLC USR-1339 //11 SI JRVFYOR'S STATEMENT: 1, THE USE BY SPECIAL RENEW ACIMTY SHALL NOT OCCUR. NOR SHALL MO'BUILDING OR ELECTRlcM SHEET 1 OF S I,DON E. JGINSdH,A REtlBTEflED PRaF'EM90NM UND SURVEYOR IN TIE STATE Oi THE OFFICE OF THE WELD COUNTY CLERK NTIL TtiE UsE BY Snow.AND RECORDER. RENEW PUT IS READY TO BE RECORDED IN PLAT ENTITLED _ Rd00Y M a1NS AREENBERGYTCENIER, LLC.I POWER CENERATI NR:iTY WAS PHEPIARED BY 2. THE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT IS FOR A USE BY RIGHT,AN PLANT SITE ME OR MNDFR MY DEECT SWERNSON, IS BASED UPON AN ALTA/ACSu LAND PAR ACCESSORY USE, OR A USE BY SPECIAL RENEW IN THE INDUSTRAL ZONE DISTRICT(POWER GENERATION SURWY PREPARED BY MNHARD CWSIATNC, LTD.IN MAY Of 2002. AND THAT THIS PLAT FACILITY, INCLUDING A 10]-ACRE WELL FELD SITE, AN MPROXWATELY EIGHT-MILE LONG GAS PIPELINE AND AN \/ \� IS PREPARED IN ACCORDANCE MTh THE CURRENT APPLICABLE 2002. RD5 FHA 'USE BY APPROXIMATELY 22-MU WATER PIPELINE) IN THE A(AGRCULTIMAL) ZONE DISTRICT.AS INDICATED IN THE ) \ •` _ ( SPECIAL RENEW AS DICTATED AND OUTIJNFD BY WELD COUEV,ANDARDS 'ALSO B MTH TIE CURRENT MWUCABIE STANDARDS CA PRACTICE FOR Lµ0 DO, I W SO 2 JSR PARTIN SONS fl ASSIFICATIQN; STATE OF COARM0.FOR AU INFORMATION REGARDING EASEMENTS.ORMIO R SURVEYING F-WAY. OR y MPLICATIdN MATERIALS ON FILE AND SUBJECT TO THE DEVELOPMENT STANDARDS STATED HEREIN. IN ACCORDANCE THE TTIE OF RECORD. MHHARD CONSULTIN4 LTD. RFLEO UPON TIL COIGHTS.. S NUMBER <C<C`;:'.{ CORN THE NTALLY TON, THE E DESIGN HALL PRESERVE A SIGNIFICANT AMOUNT OF RII.FARMLAND AND , .- 1NVWONIIENTALLY OF THITAE N FOR THE TERM OF THE USE BY RIGHT P RSUANREVIEW PFRWT. ,. j..,11 \ - �.�• SO AOO.l11IRAL 200166223 C-4 AND 200272]00 PREPARED BY SIEWART T1LE QUMANtt COMPANY YM t ANNE SLOE UMTADOR6 CAPAM UTY CLASS 3. APPROVAL THIS MAN MAY CREATE A VESTED PROPERTY PURSUANT TO SECTION 23-8-10 OF V YI.. Z Y �%r^F ( ) EFFECTIVE MAY 3, 2002. THE WELD COUNTY CODE. 1 • ',i j' 10 yW'pyl OL�AI 0-3% SEVERE V(Na dRMGGATED) FOR AND ON BEHALF OF MANHARD CONSULTING. LTD. T 0 C. THE APPIDPNT AVAILABLE TLL SUPPLY AN ARPROVED WATER AD. THS I ORMATI N SHA TN AT ADEpMTE COMER DE BE MADE ANNITO THE SITE FORA 30-PRIOR TO THIS INFORMATION SHALL BE FRONDED TO THE � . 15 COLBY LOµ 1-S% SLIGHT lk(MPoGATED) w DEPARTMENT DOI E. JOHNSON OF AURORA. OF PLANNING SERVICES TWO YEARS PRIOR TO THE EXPIRATION OF THE AGREEMENT WITH THE CITY H a!` IVe(NONIRRICATED) - REGISTERED PROFESSIONAL LAND SURVEYOR • F z O N YY p � s 18 CtlBY A 3-91L MODERATO We(pOIRRIWIEO) COLORADO REGISTRAIDN NUMBER 35583 a .W.H.8 y NOTICE: ACCgNING TO COLORADO LAW YW MUST COMMENCE µY LEGAL ACTION BASED 0 F o E 5. ALL LQUID MID SOLID WASTES.AS DEFINED IN THE SOLID WASTES DISPOSAL SITES AND FACRRIEB ACT, - .AI`1� . \4• W I gSEN FINE Ile(IRRIGATED) UPON ANY DEFECT IN MIS SURVEY MTH., THREE YEMS AFTER YW FIRST CTION BA 7, G SECTION 30-20-100.5,C.R.5., SHALL BE STORED MID REMOVED FOR FINAL DISPOSAL N A MASER THAT / 1v1\\ ywa " AT SANDY. 1-3% SLIGHT ) SUCH DEFECT W NO EVENT MAY µY ACTION BASED UPON ANY AFFECT W THIS SURVEY W Z 0; PROTECTS AGAINST SURFACE AID OF WASTES ATER LL& PZIAIDN. T • LOAM ATESHINGLE IOU(NGNIRI6GAIE0) BE COMMENCED WORE MAN TEN YEARS FROM THE DATE OF THE CERIPMATDN SHOYRI 6. NO TE MATERIALS T DISHALLL HANDLED. SHALL D. PERMITTED AD INTH SITE.A �°� ` ` �' C 60 X 3-9% M00ERBRE Vie( C1E0) NFRELW. M ]. WASTE SHALL BE NMOEp. STORED.AND DISPOSED IN A MANNER THAT CONTROLS FIORE TO ' U F DUST, BLOWING DEBRIS, AND OTHER POTENTIAL NUISANCE CONDITIONS _H r 1, DVS L BOUNDARY Z ] ≥?o I!) Q 3$ 8. FUGITIVE DUST SHALL BE CONTROLLED ON THIS SITE • . `4 • ;)l SOUS CI ASSIFlGTION: PI ANNING COMMISVON CERTIFICATION; 5 W z n` IE COATS O, 9. THE FACILITY SHALL ADHERE TO THE MAXImUm5-12-1 . SIBLE HOSE LEVELS MEOWED N THE INDUSTRIAL • H , IMP NAME SLOPE C4 W ZONE DISTRICT AS DEIMFATED IN SECTION 25-12-10], C.RS. • , ,` \ ; LY L 4 C THIS 5 TO CERTIFY MAT TIE MELD CHANTY BANNING COMMISSION HAS CERTIFIED AND W ,X O1 3_\ f AWOU-SEN S 0-txROOD DOES HEREBY RECOMMEND TO THE BOARD OF CHANTY COMMISSIONERS, MELD CHANTY W Z 'Ai 10. ADEQUATE TOAST iADILITIE5 SHALL BE PROVIDED FOR EMPLOYEES MID THE N&1C. �f� \N�® L ` '+ai1 Ag1F111M 0-i% COC RATIO, FOR ITS CONFIRMATION. APPROVAL AND ADOPTION OF MIS 51E 9+ECIFiC W p •- t j pSOtN DEVELOPMENT PLAN AND U BY SP OAL RENEW AS SHOWN AND DERrRIBFD THEREON 11. THE APPLICANT SHALL PROVIDE ADEQUATE TOUT FACMIFS (PORT-MPoTTY) DURING THE CONSTRUCTION a �A N 25 ANAL AY 0-I% THIS DAY OF _� 20�. .51 z a o PISSES OD THE PROJECT. �Zk a V - 12. THE FACILITY SHALL PROVIOE BOTTLED WATER FOR DPoNXWG DURING CONSTRUCTION OF THE PROJECT. ya - ! -2B HRVETSUII 1-3fG - CHAIR. COUNTY PENNING COMMISSION Z 44. 0 13. THE FACILITY SHALL MAINTAIN COMPLIANCE VAIN AL REQUIREMENTS Of THE WATER DIW CONTROL HUDSON `y •• LOAM W w win DIVISION a TIC COLORA00 DEPARTMENT OF PUBLIC HEALTH AND EHNRONMEE. '�ORi LMRM Q W ) I SB O.M 0-1% RQ o 14. THE POWER PLUG SCOWL BE EQUIPPED WITH AN ADEQUATE WATER SUPPLY FOR DRINKING AND SANITARY r. OLNEY }5% .BOARD OF COUNTY COMMISSIONERS CERTIFICATION: m S PURPOSES THE WATER SUPPLY OVAL COMPLY WRH ALL APR rAM F PORTIONS BF THE CGIDWDO mowerL f ANDY LONE DRINKING WATER REGULATIONS (5 CCS 1003-6). F.:: , / 15. THE FACILITY SHALL OPERATE AS A'ZERO UOUID DISCHARGE-WE OATH THE EXCEPTION TO SANITARY _ MIS IS O.DOES H TAT THY.BOARD O COUNTY THIS SITE SPE .WELD CHANTY;-... 4 VICINITY MAP 70 MILD LOAM 1-s, AND USE BY SIRE HEREBY REVIEW AND AND ADOPT SITE SPEC6lC DEVELOPMENT PLAN WASTES,NO LIOUMTS SHALL BE OSP0SED INTO THE EARTH. .^..,: 7' moon AND USE BY SPECIAL RENEW µp OD ENT STANDARDS ASS SHOR AND DESCRIBED 16. THE FACILITY SHALL NOT IMPACT OFF-SITE AIR TEMPERATURES, HEREON THIS_2.1 DAY Q , •17. THE FACILITY STALL ADHERE TO ALL RULES AND REGULATIONS OF THE NR POWAY)", CONTROL OMSDN " -1 OF THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND DMRONMEM. _ �'^V) \J yo / ,T.. ( IS. THE LANDSCAPING ON SITE WALL BE 'MAIMED IN ACCORDANCE:KIN THE APPROVED LANDSCAPE PLAN.' ) . TR.WMR. BOAR6,CPT1 OWN ! . ' SOE.S AREA`DEL,EATION AND DEFTIIDONS WERE OBTAINED FROM . 4 .- ATTEST `.'y V e •Y,Tr 19. THE PROPERTY OWNER OR 0,WELD OH SHALL BE RESPONSIBLE FOR COMPLTYNG WITH THE DESIGN VMVYI'.OF WTI COLT' rn0RAR0 'SRITHFRN PMT':(US J •V•V��wwAAAA11ll 11IMWWWHMMMM / .,� STANDARDS OF SECTION 23-Z-240,WELD COUNTY CODE. Of,MMILULTRE;1960) It L ) MELD.COUNTY DESK TO THE.BOARD I 20. THE PROPERTY OWNER OR OPERATOR SHALL BE RESPONSIBLE.FOR COMPLYING WITH THE OPEPATKKI } �' ' ; M,'T_ STANDARDS OF SECTION 23-2-250,WELD COUNTY CODE. Y OAIFD:__..C' a�� -.'N .•'Wrl 21. THERE WILL BE NO STAGING OR PARKING OF EQUIPMENT OR VEHICLES ON WELD COUNTY ROADS ADJACENT' WELL FIFO D SITE 'A DEPUTY OFIM TO ME BOARD _ V TO THE PROPOSED FACILITIES. ONLY ON-SITE PARKING SHALL BE UTILIZED FOR THIS ACTMTY,ALL ACCESS DRIVES' PROPOSED GAS AND WATER PIPFIJNF. ROUTE 4 n I y'w J AND PARKING AREAS SHALL BE SURFACED 00TH ASPHALT OR EDINA AND MLENT NMI BE GRADED TO PREVENT vs / _ 22. ALL NEW BUILDINGS WILL REQUIRE REVIEW AND WILDING PERMIT APPROVAL PLANS FOR BUILDINGS AND .iYl�yMillal kliitakir 1D �� PROPERTY OWNER'S CFRTFlCATON; F FOUNDATIONS SHALL BE DESIGNED BY A COLORADO PROFESSIONAL ARCHITECT Ot ENGINEER. yA,R��TW"? E� - - z 6 /ti'�"•� a aJ :, 1 THE UNpEH51GNED PROPERTY OWNER ROCKY MWNTNN ENERGY CENTER,LLC,DOES HEREBY V �. , F3 HOURS lK OP03PTON FIH THE UNUCTDN DA THE FACBR.Y OCCUR MONDAY 1MRWCH,ThERE Y j -.� AGREE TO TIESITE SPECEIC DEVELOPMENT PLAN AND ENE Y S DATER.REO CC . FROM 6UDAM. TO 6:00P.M.,WITH THE UNDERSTANDING TART FOR OF ADVANCE NOTIFICATION E5,MERE MLL - Lop STANDARDS TH 1[ DAY _ `. .BLA NEED FOR 24 HOURS OF OPERATION on OCCASION.HUH 24 THE HOURS U ADVANCE WILL EIG NE TO THE : PtD4r9b• d .4WN ,P R AA9Usf_ AS DESCRIBED IM W uH O DEPARTMENT OF TWINING SEFMCES, AND AT COMPASSION TIME OF ME PIANO THERE WXL BE A NEED FOR 24 �yJ' M� '^�, I,si`,•• PP HOURS OF OPERATION. i�1'55.�Cl�II! W 0 Atc p 24. PURSUANT TO SECTION 404 OF THE CLEAN WATER ACT ,THE DEPARTMENT OF THE ARMY SKILL BE ilf^`� O"HY D.J W - NOTIFIED IF M Y WORK ASSOCIATED WITH THIS PROJECT REQUIRES THE PLACEMENT OF OF�OGE OR FILL MATERIALS TTT ,�7�I��y HHR - ROO(Y MWNTAN ENERGY CENTER,LLC FIFw I� CO AND ANY EXCAVATON ASSOCIATED WITH A DREDGE OR FILL PROJECT, EITHER TEMPORARY)IR PERMANENT, IN - mr ,4 •.. I.,T ds ICO WATERS Of THE UNTIED STALES. NH ,3 . } 25. IN ACCORDANCE WITH SECTION 23-2-200.E OF TIE WELD COON CODE. IF THE USE BY SPECYL RENEW 1 •+ I ; �' L• z OO = Q HAS NOT COMMENCED FROM THE DATE OF APPROVAL OR IS DISCONTINUED FORA PERIOD OF THREE (3) K>se Robert L LamAW 6 CONSECUTNE YEARS, R SHALL BE PRESUMED NACTNE. THE COUNTY SHOJI.NOTATE MI INIM7PARVE HEAn4O N, HD Ai i We President I- _- d TO CONSIDER WHETHER TO GRAM AN EXTENSOR OF THE TO COMMENCE ME USE OR THE USE BY S' F, SPECIAL RENEW. IF THE USE BY SPECIAL RENEW IS RD/OKED, R SMALL BE NECESYRY TD FOLLOW THEi,. W O W CC E$$ PROCEDURES MUD REQUIREMENTS OF DMSION 4 OF TE REID COUNTY CODE IN ORDER TO REESTABLISH ANY {A, P(ypla NnNAA I:. `w UJ y USE BY SPECIAL RENEW. �, •"- Os ; 26. PERSONNEL FROM THE WELD COUNTY DEPARTMENTS OF PUBNG HEALTH AND ENVIRONMEE, PUBIC WORKS. TA:, SS �' A AND PUNNMG MEMICES SHALL. BE GRANTED ACCESS ONTO THE PROPERTY AT µY RFASEUBLE THE IN ORDETt Y A TO ENSURE THE ACTNmES CABBED OE ON THE PROPERTY COMPLY Ws THE DLVELOPLEE STANDARDS STATED • 'A-+ 6 I� V t HEREIN AND AU APPUCABIE WELD COUNTY REGULATIONS. pJ N W BY,.L71Y O q 27. THE USE BY SPECIAL RENEW AREA SHALL BE LIMITED TO THE PLANS SHOWN HEREON MO GOERNEO BY . _ / il 3i TaIeHYM , ` L7 u THE FOREGOING STANDARDS AND ALL APPLICABLE WELD COUNTY REGULATIONS. S116STANTVL OIANCES FROM THE , AT-Y FaPLANS OR DEVELOPMENT STANDARDS AS SHOWN OR STATED SHALL REQUIRE THE APPROVAL Of All AMENDMENT S OF THE PERMIT BY THE YIELD COUNTY BOARD OF COUNTY COMMIbmUNLFM.BEFORE SUCH CHANGES FROM THE `VICINITY MAP VICINITY MAP PLANS OR DEVELOPMENT STANDARDS ARE PERMITTED. MO'OTTER CHANCES SHAL BE EYED IN THE OFFICE OF SCALE:ITx THE DEPARTMENT OF PLANNING SERVICES: ' SCAT£:RLx i , A Aom I 28. THE PROPERTY OWNER OR OPERATOR SHALL BE RESPONSIBLE FOR COMPLYING 00TH AL OF ME Am.r.. C& FOREGOING DEVELOPMENT STANDARDS. NONCOMPLIANCE WM ANY OF THE FOREGOING DEVELOPMENT STANDARDS MAY BE REASON FOR REVOCATION OF THE PERMIT BY THE BOARD OF COUNTY COMMISSDNERS. , ttn +lV. } 29. IF NECESSARY,THE ARROGANT SHALL SUPPLY A WATER AUGMENTATION PUN APPROVED BY.THE WATER COVE WRHIN 30 DAYS or SUCH WATER CHART APPROVAL .: •••07/,2/0[ T •_, ` ' n c .—.. Ns G J0. THE APPLICANT SHALL PURSUE AN AGREEMENT WITH THE TOWN OF KEFNESEARO FOR M OF THE. N 9 CAPACITY OF THE WATER LINES. " .,, . .. 1 SHEET 1 IIIIIIIIIIIIIIIIIIIMIIIIIMIIIIIIIIIIIIII PERMIT NUMBER USR-1339 I' IN 6XWO 0 °&I "" Tatha ROCKY MOUNTAIN ENERGY CENTER, LLC WE 01/30 42 0 JA.W W' HEW CO - 1 POWER GENERATION FACILITY A PORTION OF THE SOUTH ONE-HALF OF SECTION 31, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 1 SIXTH P.M., WELD COUNTY, COLORADO SHEET 2 OF 5 Ii LEGAL DESCRIPTION PER TITLE COMMITMENT #200166223 C-4 (POWER GENERATION FACILITY PROPERTY) LEGAL DESCRIPTION PER TITLE COMMITMENT #200272700 (WELL FIELD SITE) = 0 PREPARED BY STEWART TITLE GUARANTY CO. EFFECTIVE JUNE 05, 2002 PREPARED BY STEWART TITLE GUARANTY CO. EFFECTIVE JUNE 4,2002 - S PARCEL I: A PARCEL OF LAND LOCATED IN THE EAST ONE-HALF OF SECTION 7, AND THE NORTHEAST NW 1/4 OF THE NW 1 4 OR THE N 1 2 OF LOT 3, SECTION 6, TOWNSHIP 1 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF ONE-QUARTER OF SECTION 18. TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE 6TH P.M., 1--1 • F v` / / / WELD • COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: E K In .< WELD. STATE OF COLORADO. . L BEGINNING AT THE SOUTHEAST CORNER OF SECTION 7, TOWNSHIP 5 NORTH. RANGE 64 O Z/E PARCEL 2:SECTION 31. TOWNSHIP 2 NORTH, RANGE 64 WEST Of THE 6TH P.M., EXCEPT A TRACT OF LAND LOCATED IN THE E 1/2 Of SECTION WEST OF THE 6TH P.M„ WELD GOVNTY, COLORADO; W .W. s 31, TOWNSHIP 2 NORTH, RANGE 64 WEST Of THE 6TH P.M., WELD COUNTY, COLORADO, AND BEING MORE PARTICULARLY DESCRIBED c > L+3 THENCE NORTH 00'00'00" EAST A DISTANCE OF 3081.00 FEET ALONG THE EAST LINE OF Z I$ t AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 31 AND CONSIDERING THE EAST LINE OF SAID SECTION 31 SAID SECTION 7; p TO BEAR SOUTH 00'00'00" WEST AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE SOUTH 82'59'58" WEST A DISTANCE OF 225.15 FEET; Q(I) '"1 '3 0 THENCE SOUTH 00'00'00" WEST ALONG THE EAST LINE OF SAID SECTION 31, 2752.65 FEET; U a THENCE NORTH 90.00'00" WEST, 140.00 FEET; THENCE SOUTH 64'03'55" WEST A DISTANCE OF 247.93 FEET; • F. .4 THENCE NORTH 00'00'00" EAST, 75.00 FEET; THENCE SOUTH 86'47'48" WEST A DISTANCE OF 915.62 FEET; IC 14 A t THENCE NORTH 87.46'30" WEST, 1098.55 FEET; THENCE SOUTH 82'48'24" WEST A DISTANCE OF 327.51 FEET; X ILI 0 2 THENCE NORTH 00'12'30" EAST, 2609.35 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 31; THENCE SOUTH 08'22'23" EAST A DISTANCE OF 590.18 FEET; W THENCE NORTH 88'48'10" EAST, ALONG THE NORTH LINE OF SAID SECTION 31, 1228.50 FEET TO THE POINT Of BEGINNING. THENCE SOUTH 78'16'14" WEST A DISTANCE OF 126.74 FEET; Z, ZO 4,.o SAID TRACT OF LAND CONTAINS 75.135 ACRES MORE OR LESS, INCLUDING THE COUNTY ROAD RIGHTS OF WAY ALONG THE NORTHERLY THENCE SOUTH 06'32'51' EAST A DISTANCE OF 82.91 FEET; AND EASTERLY BOUNDARIES AND 72.415 ACRES MORE OR LESS, EXCLUDING SAID ROAD RIGHTS OF WAY. THENCE SOUTH 30'55'03" WEST A DISTANCE OF 181.95 FEET; 1�y.� L1 CG mo • AND EXCEPT, THAT PORTION CONVEYED TO THE BURLINGTON AND COLORADO RAILROAD COMPANY, BY INSTRUMENT RECORDED IN BOCK THENCE SOUTH 4T64'51" WEST A DISTANCE OF 111.35 FEET; L-, Z z g 86, PAGE 457, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THENCE SOUTH 36'55'24" WEST A DISTANCE OF 189.11 FEET; . W GI THENCE SOUTH ]9'36'54" EAST A DISTANCE OF 162.21 FEET; A STRIP OF LAND FOR RIGHT OF WAY AND OTHER RAILROAD PURPOSES, 100 FEET WIDE, BEING 50 FEET IN WIDTH ON EACH SIDE OF THENCE SOUTH 29'28'33" EAST A DISTANCE OF 21.00 FEET; 0 0_ THE CENTER LINE OF THE BURUNGTON AND COLORADO RAILROAD AS NOW LOCATED, THENCE SOUTH 56'14'21" EAST A DISTANCE OF 116.74 FEET; >th- THENCE SOUTH 04'14'06' EAST A DISTANCE OF 573.73 FEET; AND EXCEPT THAT PORTION CONVEYED TO THE COUNTY OF WELD, STATE OF COLORADO. BY INSTRUMENT RECORDED IN 800K THENCE SOUTH 12'58'35' EAST A DISTANCE OF 133.11 FEET; 967. PAGE 463, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THENCE SOUTH 20'58'25" EAST A DISTANCE OF 93.55 FEET; ' THENCE SOUTH 52'19'45" WEST A DISTANCE OF 22.66 FEET; \,(�!" ALL THAT STRJP OR PARCEL OF GROUND LYING WITHIN THE BOUNDARIES OF THE NW 1/4 OF SECTION 31, TOWNSHIP 2 NORTH OF THENCE SOUTH 25'52'W EAST A DISTANCE OF 75.57 FEET; +.-•.;,-( nLJ ,' RANGE 64 WEST OF THE 6TH P.M., AND DESCRIBED AS FOLLOWS: THENCE SOUTH 63'34'14" EAST A DISTANCE OF 283.05 FEET; V ., THENCE SOUTH 05'28'08" EAST A DISTANCE OF 306.29 FEET; COMMENCING AT A POINT WHICH IS THE NORTHWEST CORNER OF SECTION 31, TOWNSHIP 2 NORTH. RANGE 64 WEST; THENCE87'13'24" SOUTHERLY ON SECTION LINE FOR A DISTANCE OF 403.1 FEET; THENCE NORTH 48'16' EAST FOR A DISTANCE OF 48.9 FEET TO THE THENCE SOUTH 8T 13'24" EAST A DISTANCE OF 371.90 FEET; POINT OF BEGINNING WHICH IS STATION 1737+93 ON CENTER UNE OF HIGHWAY; THENCE SOUTHERLY PARALLEL TO SECTION LINE THENCE SOUTH 00'00'39" EAST A DISTANCE OF 428.86 FEET TO A POINT ON THE FOR A DISTANCE OF 81.5 FEET TO A POINT WHICH IS ON THE RIGHT OF WAY LINE OF THE CHICAGO, BURLINGTON AND QUINCY SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 7; • RAILROAD; THENCE NORTHEASTERLY ON A 1' CURVE ON THE RIGHT OF WAY LINE OF THE CHICAGO, BURLINGTON AND QUINCY THENCE NORTH 89'59'21" EAST A DISTANCE OF 172.53 FEET ALONG SAID SOUTH LINE: RAILROAD FOR A DISTANCE OF 814.6 FEET TO A POINT ON THE SECTION UNE WHICH IS 50 FEET AT RIGHT ANGLES FROM THE THENCE SOUTH 76'39'06" EAST A DISTANCE OF 419.24 FEET; CENTER LINE OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD; THENCE WESTERLY ON SECTION LINE FOR A DISTANCE OF 220 THENCE SOUTH 72'30'15" EAST A DISTANCE OF 210.25 FEET; FEET WHICH IS STATION 1732+37.2 ON CENTER LINE OF HIGHWAY AND 448.1 FEET EASTERLY FROM THE NORTHWEST CORNER OF THENCE SOUTH 68'38'16" EAST A DISTANCE OF 172.75 FEET; . SECTION 31; THENCE EASTERLY ON SECTION UNE FOR A DISTANCE OF 97.1 FEET; THENCE SOUTH 48'16"WEST FOR A DISTANCE OF THENCE NORTH 00'00'07" WEST A DISTANCE OF 223.07 FEET TO A POINT ON SAID 0 420.6 FEET; THENCE SOUTHERLY PARALLEL TO SECTION LINE FOR A DISTANCE OF 81.2 FEET, WHICH IS THE POINT OF BEGINNING, SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 7; a THENCE NORTH 89'59'21" EAST A DISTANCE OF 20.23 FEET ALONG SAID SOUTH UNE AND EXCEPT THAT PORTION CONVEYED TO THE COLORADO STATE HIGHWAY DEPARTMENT BY INSTRUMENT RECORDED IN BOOK 1538, PAGE TO THE POINT OF BEGINNING. C 168, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COUNTY OF WELD, STATE OF COLORADO. F 0 Co . @ BEGINNING AT A POINT ON THE WEST LINE OF SECTION 31, TOWNSHIP 2 NORTH, RANGE 64 WEST, FROM WHICH THE NORTHWEST Z CI n CORNER OF SECTION 31 BEARS NORTH 1'05' WEST, A DISTANCE OF 337.1 FEET; THENCE ALONG THE WEST LINE OF SECTION 31. V Lc 7 k NORTH 1'05' WEST, A DISTANCE OF 337.1 FEET TO THE NORTHWEST 'CORNER OF SECTION 31; THENCE ALONG THE NORTH LINE OF SECTION 31. NORTH 8B'58' EAST. A DISTANCE OF 413.0 FEET TO THE EXISTING NORTHERLY RICHT OF WAY OF STATE HIGHWAY NO. 0 CC x 2; THENCE ALONG THE EXISTING NORTHERLY RIGHT OF WAY OF STATE HIGHWAY NO. 2, SOUTH 49'43' VEST, A DISTANCE OF 532.9 0 0 CO T FEET, MORE OR LESS. TO THE POINT OF BEGINNING. COUNTY OF WELD, STATE OF COLORADO. W CC P AND ALSO THAT PART OF THE NE 1/4 OF THE NW 1/4 OF SECTION 6, TOWNSHIP 1 NORTH, RANGE 64 WEST OF THE 6TH P.M., WELD z f W COUNTY. COLORADO DESCRIBED AS FOLLOWS: BEGINNING AT THE NW CORNER OF SAID NE 1/4 NW 1/4: THENCE EAST ALONG THE m & NORTH SECTION LINE 850 FEET; THENCE SOUTH ALONG A LINE PARALLEL TO THE WEST SECTION LINE OF SAID SECTION 6 A Z Z 7 SL DISTANCE OF 575 FEET; THENCE WEST ALONG A LINE PARALLEL TO THE SOUTH BOUNDARY LINE OF SAID SECTION 6 A DISTANCE OF Z F 850 FEET; THENCE NORTH 575 FEET MORE OR LESS. TO THE POINT OF BEGINNING. WELD COUNTY. COLORADO. 0 F. E O a R W 1 m NOTE. a THE USR-1339 PROPERTY IS LOCATED SC k WITHIN PARCEL 2. S. CC 1 a F 4 t I yy no,m CB. _ Y w""• 6J.P 6 DAIL m _07/22/01 •00u. N1.5,__ E SHEET 8 0DFA IM MINN IIIINIimuauuuiufN PERMIT NUMBER USR-1339 tr 2911010 10186'8902 94:410 Weld Cesar CO 1I 8N 6fl10.10 69.00 IA."Sold"1[Wat94 ROCKY MOUNTAIN ENERGY CENTER, LLC LEGAL DESCRIPTION: PERMIT NUMBER USR-i}39 P OW ER GENERATION FACILITY NOTE: (POWER GENERATION FACILITY) THE FOLLOWING LEGAL DESCRIPTION WAS PROVIDED TO MANHARD CONSULTING LTD. BY ROCKY MOUNTAIN ENERGY CENTER, LLC AND DOES NOT REPRESENT A MONUMENTED FIELD SURVEY FOR THIS PORTION OF THE OVERALL PROPERTY BY MANHARD CONSULTING, LTD. A PORTION OF THE SOUTH ONE-HALF OF SECTION 31, TOWNSHIP 2 NORTH, RANGE 64 WEST ° A PORTION OF SECTION 31. TOWNSHIP 2 NORTH, RANGE 64 NEST OF THE MI 'r1 OF THE 6TH P.M., WELD COUNTY COLORADO PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: SHEET 3 OF 5 BEGINNING AT A POINT THAT BEARS NORTH 6829'37-EAST, 1642.88 FEET FROM THE SOUTHWEST CORNER OF SECTION 31. TOWNSHIP 2 NORTH, RANGE 64 WEST �K11fit. — OF THE 8TH P.M., AND RUNNING THENCE NORTH 90"03'21' EAST 1961.35 FEET; s __ THENCE SOUTH-,Q9'55'09'EAST 1966.30 FEET; THENCE SOUTH 00201'08' WEST 1 ! 1958.51 FEET; THENCE SOUTH 89'59'53' WEST 1967.57 FEET TO THE POINT OF 0 r-- C BEGINNING. �9na,4/ CONTAINING 88 ACRES,MORE OR LESS IN WELD COUNTY. COLORADO, 9E- RA PI•0201 .p..I..+w,we I BEING A PORTION OF ASSESSOR'S PARCEL NUMBER 130531000025. 3 / NA 2 my ERs+u q xyp A�A� w Its,+n S Iur piPflL/le]OM12i�N9oi1 7.-•� rMOIa.18NW wCi /Y YW � � .• Y 4WI;x / Feu CR311-51-101.C ¢¢°p 1 x ty y,g ® MI w^". • Y1ep'w 444,AI NON Aco AYR \ room "i5 CgM.E IIOAO M r. _._ a. c2262‘2"21 fMI'50# r -_ - ---------_ ._ ,_-.. -�_ ,-_. .� usmc..aa.. ... I —_______ -__- ., u t \ 7 w MOIR[ +.-«. �„., SURVEY NOTES: PARCEL• WADS 1 p '"'s sows muttICOI �'4 o Q g��I�, (�w,,g 'p"'�� 1) VERTICAL DATUM: ELEVATIONS SHOWN ON SHEET 3 OF 4 ARE BASED ON THE ' y ooKRv�lAsn,Alop epR RA xrlp ,m, /� /� I I SY$' 1A'R'SIMHr COLORADO DEPARTMENT OF TRANSPORTATION CONTROL MONUMENT NUMBERCO �'a Iml t a CMS A xu,R.N.MONO ams+ J 95Ym JI "CPH5 BEING A 3 INCH ALUMINUM CAP FOUND,LOCATED AT MILE POST 34.45. L, wwMtlw•COMMON nce dada wlnAxr.[w w PAGE ar ..."6.I. I ifs CIAORADO INTERSTATE JB, AS SHOWN ON THE C0.2,0,,,,,,2,172=2::. ter] p Z L m IwRW,ern tow wr rAw w /4'1'3/N .%// e. . . M1 x TRAHSPO Of' S PLANS ENTI 493 'CDFE PROJECT 44METE THE 1� Z' 2. 1� �iN; • '�'� •L ME ELEVATION Of SAID POINT IS 4939.12 FEET(1505.444 METERS) AS REPORTED BY 1� La. O.) g- / �l 1. I I I/ -_ MARK WRRERO, COLORADO DEPARTMENT OF TRANSPORTATION, 970-350-2173. Cn > (J a s Q!;-:: " NOM rn.-r{-( ZCi)/ %�/ ® J' . F— �.�'w' 2)BASIS OF BEARINGS: THE BEARINGS- SHOWN HEREON ME BASED ON THE F N o NORTH ONE OF THE NORTHEAST ONE-QUARTER Of SECTION 8, TOWNSHIP I CO .l 3•• Boon TeP-.I R, NORTH, RANGE 84 NEST OF THE SIXTH PRINOPAL MERIDIAN.CH MWUNENIED ON THE T.Q 4• •a ica 2sw EAST END BY A FOUND /6 REBAR MIDI A 3-1/4 INCH ALUMINUM CAP STAMPED a / =1:0.,I Is5om POCKY LOMAAS Can NCO B" "LS 8935, 1987' MD ON THE WEST END BY A FOUND /8 REBAR WITH A 2 INCH a Z �_ / ® � TIN a6a,, y, on[Mwnew. RADON A e Cm 07 A NEWIY ALUMINUM CAP STAMPED "LS 25937, 2000'. THE BEARING OF SAID LINE IS SOUTH 02. I I I Vii. AAUPA SITpops x� RAN @lo>MT waste WEST, 10TH ALL OTHER BEARINGS CONTAINED HERON RELATIVE THERETO. Cd1 p . /' ..,� ® , EWalt rot I 3)THE UNITS OF THE 100 YEAR FLOOD PLNN SHOWN HEREON WERE z O 'la' O GRAPHICALLY PLOTTED FROM FLOW INSURANCE RATE MAP, COMMUNITY PANEL U' a ,.c / nAmv svAT WC.w OHM a2'�. ,/ I Im••no R11 /it v.wTUEA4w I NUMBER 080266-09000, WITH AN EFFECTIVE DATE OF SEPTEMBER 28, 1982, ANC L 7 '- I % n7 ReM L2w `!ce, . I o aaK9.trIl 1 u I.ENO 0.0.IWsscs DO NOT REPRESENT A FIELD SURVEY OF THE FLOW PLAIN UNITS BY MANHARD W z a.o nyw n ImwMLr :no comma*I ,'I II aWR5 i bl9nt I CONSULTING,LTD. W nS n I J6i6'6+ I u.. * 4)ALTA/ACSM LAND TITLE SURVEY SHOWN ON SHEET 2 OF 4 PREPARED BY o W,/,�yespp I " 57L- MANHARD CONSULTING LID. IN MAY OF 2002, LS 34593. ALTA/ACSM LAND TIRE".87Fr1( — ruto a as.cx 9a I —++—,14 SURVEY SHOWN ON SHEET 4 OF 4 PREPARED BY MANHARD CONSULTING LID. IN iisum w[nR� c1 MAY OF 2011,LS 33202. 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S00 IL AAA SHEET ewn A't"inI/a .4 I BI II LS NI I I\4I//RmxA C LAY V SWIM M iitl), I , .[L+viL • 5b A OF J LS 3 PERMIT NUMBER USR-1339 I1140111111111111041IP 1WsM COllll1111 ROCKY MOUNTAIN ENERGY CENTER, LLC POWER GENERATION FACILITY ■d�6 fl W�B 001Y w:� NbN gw.bneY A PORTION OF THE SOUTH ONE-HALF OF SECTION 31, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., WELD COUNY COLORADO S 8555'09' E SHEET 4 OF 5 1966.30' /� -trc- y NORTH LINE OF USR 88495 ACRE PARCEL .. 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IIII Y • 11NIIA.1 IIFIIIIIU II n.scaRENAM vrz PUMPS 0 Z 0 K '• . aa IM 1OIII IIIY } II »:R`""TmEN pnwaER Z 0 _ rvn III w I I is XRSG aownw TMI< �H.�Ryy .5 .s o II a Sa.NEAT RE<oxRr crew GENERATOR<xRsc) W Z >.scb w�' q /6 III a NIA xxCTON s,• Z 2 a Id,�I A - — - € �.c fu ' �' R II ; x aus/WCC BLDG (AT TWINE oca) co I I - �6F° _ I 37 src vAL srzAw UNIT yl h .1. SB.fNE/SERM'E BIA TOM CL C Q -- �� 1 p 40 PERNANC FOR dBC 4A 17 Ma STORAGE / - p �g 10 OYWI5IRATICN AND IPING 1ANa BUILDING. i J q I�. _ _ _ ___ —�=—T— £ : ii, pp o: g3;$ ii.us MEAiEawc si IICI T -7...-_—= �.� — I _ Id NEL GAS CEWtlxI NEATER10 =z9S '7.. NoWe _ N= � _ 19.48.<FOC ING/� _ y 'z L 50.CE/NA1PAi/�/ si- - � _ _ 'C _ __ _ _ 51.CAOxN�l/!//H z`+ —��' ='-�3'_ '2�3`s e _ es:FIRE WAASNHLo Aw wMP ��yy I'I II VII ,( - r C � ' �� I 54.EQUIPMENT DRAM SUW IN 1 P ry� I e I 'l \ �\ \ I' ss.xmuxr W uoruim(NOT SHOFAR) �III�11 Oh i J9z9 ,_ ° - / / /l l l d7 / "f < < < C. i !_ _lL-� / ( ) k .. 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II 1 N ■ I IH u I 4,,,, lilli yy, 1IIIj11IIIIIII'..7- III II i 0 +IVI �hIIII11h111111GRAPHIC SCALE a..WN., caNLx w liI Ml� ly 0 � Y • ■ R A.w Ir m !I` 1 II�hIIE LPL 3 e' -- •9 T1'1 _ JJJI1111) I I w m� ' �_ JI I j III i4 V /�I f ) �I1q,4 _ __— ---=—,-r=-,== =2.=., — = II' % - ■�■ ■� mm w_9/Ivoe S Id SOUiHWE CORNER�9E\U$R _ _ „• �� ET6 4 PM ROOD \l 7/ ."Wi.A.'cix� i iii __ PERMIT NUMBER USR-1339 1 rr IIIIVIIUIIVIUIIINI�VIIUIII@IIIIIIiIUUVlIII —�_z ) s� . 2110101000(x12952 IMP W,u cm.n.co 0 H 0 R00.00 00,00 J.A. AI. S r,TIURaY ROCKY MOUNTAIN ENERGY CENTER, LLC GRAPHIC SCALE WELLFIELD SITE A PORTION OF THE EAST ONE-HALF OF I W RD`r 1 7 Isom- 120 m. SECTION 7, AND A PORTION OF THE NORTHEAST ONE QUARTER OF SECTION 18, TOWNSHIP 5 I NORTH, RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, COLORADO I SECSHEET OF PAULHE NS NE ea+uER- w rW I :� . — E.LINE SECTION]-isn-R. SEC 01111739 N C0t000-S 44. (Tusts OF REARM) N 00'00 000' E 5308,.005 COUNTY ROAD 0111(eme m,pAa 273) ` —_ I raw , OF BEGINNING N 00'00077` W SMOKING ]-r.w.91.LS I x .' x m me y POINT YY: r..w.-x a.w. x — ('223.J1/a•NUN.CMFOUND RON PIPE yYIdt1WG 1921.LS]1V' 0 • o2• -- , I " _�� '( W M POMP '°° "L �N 8959'21' E S 88'38'16' E C �'> . Y_; MAw rwwwD /. 20.23' I 772.73' a s' E co i in co I / o WC•SON1 R' 1 \ y' I 1."11 ✓1 CO n r. \v-CwEcnox uxE //flea O. // S 72'30'15' E E"1 a o f CHaD£O x�� ANACAPA LAND COMPANY U.C. / / 21015 w \ m \ .R x,m\� Z a COSTING DAT ROAD / U1 c + �mma� a !-. o" \` PROPOSED AREA: // , � �o� m z �1 lti107.100 AC. OR 4,665,255 S.F. w Em41M6 DRY Row ..E'°" /*� I/ • S 7419.24'' E r+�! W Z, m x 419.24' k.�Ji M O o y, �i a — II fir°` �/ uNL•7+ as Z W z °-7 Ed-'I// I3 In /+ N 89'39'21` E MMm.�J _ r,mm �/ •\ 172.53' ('- S I P4fP05ED 1 '°. e U rs. • lam"' la SITE aR 5 '/ MM7 {train „its.] -- PROPOSED I .!r" S 00'00'39` E P I I/caL[cmx LINE ...mot n ma`I1 °"a •o m / / jf 428.86' �> m 1' I' y® I / ti //� ran / I r �,� aw /weaoaD /, x'a U �'� TOLL 9£ / . hA I I K a 0C. yf�a or I NM:�� Nx // .M'xmY 0N.TLL� G x, ,fm, tnr. Im em, // ,-/I7 / f4V l xv[ N eF'6 I- 0 CO $ I % PROPOSED ROAD 9Ra05FD /�w ma - '"= U CC C 1 S I mxc h ///`coL.ECTM Lrc r / / n N O I /r, wo. ,z ! 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"r.`*'''f,../''_. 3 O. �' �4J x .Ex MIRE FENCE 9 08'22'23'E '% Y }�Y3 .K3'�r �•M.EI 6 -Ex PROMO NON FENCE S 7876'14' W ',� \A ` 52552` U S -Ex.ovsmaro%++Es 126.74' PROPOSED 0.YMOARr S' `� 9 0414'06' E 57333. 5 1258'35' E O _min's- '- S 06'32'51' E CC IS/ ✓ + 61 133.11' �S 1 4 Cadet sn.-.eax -Ex,W1M/mALE S 5614'21'E O -E%STORM MANHOLE 82.91' g3• W b S 2058'25` E Io -Ex STORM CATCH BASIN ft 116.74' AME MYNA 2c u 'VII KLEIN 93.55' Y o -En STORM PUT c \ iq S 29'28'33' E S 5219'45- W • 3 .ALL FUREO So SECTION 5 4754'51- W 2100' 22.66' Ey ® .E%SANITARY MANHOLE 111.35' y, C S F ©.Ex.DUKE ENERGY CAS MARKER '. .. Y % 4 . .FOrws �dp•irp2t.� S 7916'54*21 E a ammo., 07/22/02 OAP-CORRUGATED OCTAL PIPE I'alhl' r' a/�``��E%.LECIW WS 1ME M,1N cum SHEET 8 Ltd mo s pNIE£R M ANDES 9MC OF Page 1 of 2 Esther Gesick From: Esther Gesick Sent: Tuesday, July 03, 2007 2:04 PM To: Esther Gesick Subject: FW: Partial Vacation Resolution - USR#1339 - Rocky Mountain Energy Center, LLC Attachments: re042668A.wpd; re042668A.doc From: Esther Gesick Sent: Thursday, June 28, 2007 4:08 PM To: 'Georginne Dudash' Subject: RE: Partial Vacation Resolution - USR #1339 - Rocky Mountain Energy Center, LLC Hi Georginne, Unfortunately, because the Resolution was from 2004, two of the Commissioners have since left office and I have to have at least three original signatures. Chair Long is out of the office and will not return until after the 4th of July holiday. Once I have his signature, then it will be sent to recording and I will definitly follow-up with copies, etc. I've attached the version that is being signed. Thanks for your patience in this matter. Esther E. Gesick Deputy Clerk to the Board 915 10th Street Greeley, CO 80631 (970)356-4000 X4226 (970)352-0242 (fax) From: Georginne Dudash [mailto:GDudash@hollandhart.com] Sent: Thursday, June 28, 2007 4:01 PM To: Esther Gesick Subject: RE: Partial Vacation Resolution - USR #1339 - Rocky Mountain Energy Center, LLC Importance: High Esther: Please let me know if the Resolution relating to this partial vacation was corrected, approved and sent to be recorded. If so, please email a copy of the corrected resolution to me so I can forward it to the title company; if not, let me know when it is scheduled to be approved. Thank you! -Georginne Georginne Dudash Holland & Hart LLP 555 17th Street, Suite 3200 Denver, CO 80202 Phone (303) 295-8258 7/5/2007 Hello