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Home My WebLink About20252282.tiffUSA BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE: AMOUNT $ APPLICATION RECEIVED BY DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: P ROPERTY INFORMATION (Attach additional sheets if necessary.) Proposed use: See Narrative Section 1; Construct 2 Combustion Units (CT Units 7&8) at Fort St. 'rain Generating Station Is the property currently in violation? No / Yes Violation Case Number: S ite Address: 9379 County Road 34, Weld County Parcel Number: 1 2 0 9 w 1 0_ 0 w 0 0 0 0 6 Legal Description: See Attachment H Zoning District: 1-3 Acreage: 628.64 Within subdivision? ✓ No I Yes Townsite?No /UYes Section: 10 , Township 03 N, Range 67 'UV If yes, subdivision or townsite name: Floodplain No / Yes Geological Hazard ✓ No in Yes Airport Overlay No / Yes PROPERTY OWNER(S) (Attach additional sheets if necessary.) N ame: Public Service Company of Colorado, a Colorado corporation conducting business as Xcel Energy Company: Phone #: Street Address: Email: 1800 Larimer Street, Suite 400 City/State/Zip Code: Denver CO 80202 N ame: Company: Phone it: Street Address: City/State/Zip Code: Email: APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.) Name: Jennifer Chester, SR. Manager, Siting & Land Rights Company: Xcel Energy Phone 303.285.6533 Email: jennifer.l.chester@xcelenergy.com Street Address: 1800 Larimer Street, Suite 400 City/State/Zip Code: Denver CO 80202 I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the corporation. 1 gnature Jennifer Chester Signature Date Print Print 8/12121 9 STATEMENT OF AUTHORITY 1. This Statement of Authority concerns an entity named: Public Service Company of Colorado The type of entity is a corporation. The entity is formed under the laws of Colorado. The mailing, address for the entity is: Public Service Company of Colorado Attn: Senior Manager, Siting & Land Rights 1800 Larirner St., Ste. 400 Denver, Co 80202 5. The name and position of each person authorized to execute licenses, and/or instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: Jennife • L. Chester, Senior• Manager, Siting & Land Rights 6. The authority of the foregoing person(s) to bind the entity is limited as follows: Ms. Chester's authority to bind the entity is limited to the value of the financial obligation being no greater than $500,000.00. 7. Other matters concerning the manner in which the entity deals with interests in real property: Jennifer L. Chester has authority to act on behalf of Public Service Company of Colorado regarding land use acquisition and permitting on State, Federal and privately owned lands within the State of Colorado. This Statement of Authority shall b►e effective for one year from the date of recording, unless sooner amended,. revoked, or terminated by the recording of a subsequent instrument. 8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30- 172,C.R.S. Signature Page to Follow Page 1 of 2 STATEMENT OF AUTHORITY — PSCo (2024) Executed this day of / l talVd1 , 2025. Name: Kristin L. Westlund STATE OF MINNESOTA ss. COUNTY OF itsmort ; t N The foregoing instrument was acknowledged before me this rday of eve •- , 2025, by Kristin. L. Westlund, Asst. Corporate Secretary, Xcel Energy Services, Inc. as an Authorized Agent for Public Service Company of Colorado, a Colorado corporation. Witness my hand and official seal. SUSAN M NERHEIM NOTARY PUBLIC MINNESOTA My Commission Expires Jan. 31, 2028 My Commission Expires: la,. 3 f , T Notary Public Page 2 of 2 STATEMENT OF AUTHORITY — PSCo (2024) AMENDED AND RESTATED ARTICLES OF INCORPORATION OF XCEL ENERGY INC. (a Minnesota Corporation) As Amended May 16, 2012 These Amended and Restated Articles of Incorporation of Xcel Energy Inc., a corporation incorporated under Chapter 302A of the Minnesota Statutes, the Minnesota Business Corporation Act, supersede and take the place of the existing Restated and Amended Articles of Incorporation and all prior amendments thereto. ARTICLE I. NAME AND ADDRESS The name of this Corporation is Xcel Energy Inc. The address of the registered office of the Corporation is 380 Jackson Street #700, St. Paul, Minnesota 55101. The name of the registered agent of the Corporation is Corporation Service Company. ARTICLE II. PURPOSE The Corporation is organized for general business purposes, including but not limited to acquiring, maintaining and operating facilities by or through which the Corporation can provide communication, transportation, water, light, heat, or power to the public and to acquire and hold rights and franchises for the occupation and use of property for providing public utility services. ARTICLE III. DURATION The period of duration of this Corporation shall be perpetual. ARTICLE IV. DIRECTORS 1. Board of Directors The management of this Corporation shall be vested in a Board of Directors composed of not less than seven and not more than fifteen members, who shall be elected by the shareholders of the Corporation in the manner provided by the Bylaws. It shall not be necessary that directors be shareholders in the Corporation. The number of directors shall be fixed from time to time in such manner as may be provided by the Bylaws. Vacancies in the Board caused by an increase in the number of directors or by death, resignation, disqualification, or other cause, may be filled by the remaining directors or by the shareholders at an annual or special meeting, as may be provided by the Bylaws. 2. Action Without a Meeting Any action required or permitted to be taken at a meeting of the Board of Directors of the Corporation not needing approval by the shareholders under the Minnesota Business Corporation Act may be taken by written action signed, or consented to by authenticated electronic communication, by the number of directors that would be required to take such action at a meeting of the Board of Directors at which all directors were present. • ARTICLE V. DESCRIPTION OF CAPITAL STOCK The total authorized number of shares that may be issued by the Corporation and that the Corporation will henceforth be authorized to have is one billion seven million (1,007,000,000) of the par value per share hereinafter set forth. A description of the classes of shares and a statement of the number of shares in each class and the relative rights, voting power, and preferences granted to and restrictions imposed upon the shares of each class are as follows: 1. Authorized Number and Classes of Shares Such shares shall be divided into two classes to be designated, respectively, Preferred Stock and Common Stock. The total authorized number of shares of Preferred Stock is seven million (7,000,000) having a par value of one hundred dollars ($100.00) per share, and the total authorized number of shares of Common Stock is one billion (1,000,000,000) having a par value of two dollars and fifty cents ($2.50) per share. 2. Issuance and Terms of Preferred Stock The Preferred Stock may be issued in series, each of which series shall have such distinctive designation as may be fixed by the Board of Directors prior to the issuance or allotment of any share of such series, provided that such designation shall in each case include the words "Preferred Stock." The Board of Directors is hereby authorized to fix from time to time, in respect of shares of Preferred Stock at the time unallotted, the dividend rates and times of payment, the redemption price, the liquidation price or preference as to assets in voluntary liquidation, and the other relative rights and preferences of the shares of any series of Preferred Stock and the number of shares constituting any series of Preferred Stock. 3. Cumulative Voting No shareholder of the Corporation shall have any cumulative voting rights. 4. Rights of Unissued Stock or Other Securities No holder of any stock of the Corporation shall be entitled, as of right, to purchase or subscribe for any part of any issued shares of stock of the Corporation or for any additional shares of stock, of any class or series, which may at any time be issued, whether now or hereafter 2 authorized, or for any rights, options, or warrants to purchase or receive shares of stock or for any bonds, certificates of indebtedness, debentures, or other securities convertible into shares of stock, or any class or series thereof; but any such unissued or additional shares, rights, options, or warrants or convertible securities of the Corporation may, from time to time, be issued and disposed of by the Board of Directors to such persons, firms, corporations or associations, and upon such terms, as the Board of Directors may, in its discretion, determine, without offering any part thereof to any shareholders of any class or series then of record; and any shares, rights, options or warrants or convertible securities which the Board of Directors may at any time determine to offer to shareholders for subscription may be offered to holders of shares of any class or series at the time existing, to the exclusion of holders of shares of any or all other classes or series at the time existing, in each case as the Board of Directors may, in its discretion, determine. ARTICLE VI. LIMITATION OF DIRECTOR LIABILITY A director of the Corporation shall not be personally liable to the Corporation or its shareholders for monetary damages for breach of fiduciary duty as a director, except to the extent provided by applicable law for (i) liability based on a breach of the duty of loyalty to the Corporation or the shareholders; (ii) liability for acts or omissions not in good faith or that involve intentional misconduct or a knowing violation of law; (iii) liability based on the payment of an improper dividend or an improper repurchase of the Corporation's stock under Section 559 of the Minnesota Business Corporation Act (Minnesota Statutes, Chap. 302A) or for liability arising under Section 80A.76 of Minnesota Statutes for the unlawful sale of securities; (iv) liability for any transaction from which the director derived an improper personal benefit; or (v) liability for any act or omission occurring prior to the date this Article VI becomes effective. If the Minnesota Business Corporation Act is further amended to authorize the further elimination or limitation of the liability of directors, then the liability of a director of the Corporation in addition to the limitation on personal liability provided herein, shall be limited to the fullest extent permitted by any amendment to the Minnesota Business Corporation Act. Any repeal or modification of this Article by the shareholders of the Corporation shall not adversely affect any limitation on the personal liability of a director of the Corporation existing at the time of such repeal or modification. VII. AMENDMENT OF BYLAWS Authority to make and alter the Bylaws of the Corporation is hereby vested in the Board of Directors of the Corporation, subject to the power of the shareholders to change or repeal such Bylaws; provided, however, the Board of Directors shall not make or alter any bylaw fixing their number, qualifications, classifications, or term of office. VIII. MAJORITY VOTING Subject to the rights, if any, of the holders of one or more classes or series of preferred stock issued by the Corporation, voting separately by class or series to elect directors in accordance with the terms of such preferred stock, each director shall be elected at a meeting of shareholders by the vote of the majority of the votes cast with respect to the director, provided 3 that directors shall be elected by a plurality of the votes present and entitled to vote on the election of directors at any such meeting for which the number of nominees (other than nominees withdrawn on or prior to the day preceding the date the Corporation first mails its notice for such meeting to the shareholders) exceeds the number of directors to be elected. For purposes of Article VIII, action at a meeting shall mean action at a meeting which satisfies the notice and quorum requirements imposed by the bylaws of the Corporation, except as otherwise provided by law, and a majority of the votes cast means that the votes entitled to be cast by the holders of all then outstanding shares of voting stock of the Corporation that are voted "for" a director must exceed the votes entitled to be cast by the holders of all then outstanding shares of voting stock of the Corporation that are voted "against" that director. 4 CERTIFICATE OF AUTHORITY I, Kristin Westlund, do hereby certify that I am the Assistant Secretary of Public Service Company of Colorado, a Colorado corporation (the "Company"), and I do hereby further certify the authority of the Jennifer L. Chester, Manager, Siting and Land Rights, on behalf of the Company has authority to act on behalf of the Company. In witness whereof, the undersigned has hereunto set their hand as of the 4th day of May, 2023. 0844 Kristin Westlund Assistant Secretary FORT ST. VRAIN GENERATING STATION COMBUSTION UNITS 7 AND 8 2 Table 1 provides the Township, Range, Quarter -Quarter Sections, and Section (and lots, as appropriate) of the 6th Principal Meridian; Weld County, Colorado, for the subject parcel (parcel 120910000006) subject to this Application. Table 1: Township, Range, and Section of Fort St. Vrain Generating Station Parcel Leal Descri •tion 21173 ALL SEC 10 3 67 (16R8SHT) Section, Township & Ran • e Section 10, Township 03 North, Range 67 West Weld County Site Selection and Construction Of Major Facilities of a Public Utility Application Resolution Approve Timeline Extension Agreement for Major Amended Use by Special Review Permit, 1 MJUSR25-08-1647, for a 1041 Major Facility of a Public Utility and Authorize Chair to Sign — Public Service Company of Colorado, an Xcel Energy Company 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 has been presented with a Timeline Extension Agreement for Major Amended Use by Special Review Permit, 1MJUSR25-08-1647, for a 1041 Major Facility of a Public Utility between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Planning Services, and Public Service Company of Colorado, an Xcel Energy Company, commencing upon full execution of signatures, with further terms and conditions being as stated ii said agreement, and Whereas, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the Timeline Extension Agreement for Major Amended Use by Special Review Permit, 1 M,J U SR2S-08-1647, for a 1041 Major Facility of a Public Utility between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Planning Services, and Public Service Company of Colorado, an Xcel Energy Company, be, and hereby is, approved. Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign said agreement. cc : PL-CDE/MpJ/bpi/ cs) cf (BB /KM) ° io t fzs 2025-1944 PL1942 Timeline Extension Agreement for Major Amended Use by Special Review Permit, 1 MJU R25-08-1647, for a 1041 Major Facility of a Public Utility — Public Service Company of Colorado, an Xcel Energy Company Page 2 The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 9th day of July, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro -Tern: Aye Jason S. Maxey: Aye Lynette Peppier: Aye Kevin D. Ross: Excused Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 2025-1944 PL1942 MEMORANDUM To: Board of County Commissioners From: Diana Aungst, Principal Planner Subject: 1 MUSR25-08-1647 Timeline Extension Date: July 9, 2025 Public Service Company of Colorado, conducting business as Xcel Energy is seeking approval of a 1041 for a Major Facility of a Public Utility for an expansion for Fort Saint Vrain. The procedure outlined in Chapter 21 of the Weld County Code are impractical timelines identified that neither the applicant nor the planning staff can effectively meet. Staff is presenting a signed timeline extension agreement for the Board of County Commissioners to accept that shows that the applicant and the County are willing to waive the timelines of the Weld County Code. Planning staff supports this timeline extension request. 2025-1944 7/q FL -1947. TIMELINE EXTENSION AGREEMENT BETWEEN THE COUNTY OF WELD, COLORADO AND PUBLIC SERVICE COMPANY OF COLORADO MAJOR FACILITIES OF A PUBLIC UTILITY 1041 PERMIT 1MJUSR25-OS-1647 July , 2025 INTRODUCTION The County of Weld, Colorado (the "County") and Public Service Company of Colorado, a Colorado corporation conducting business as Xcel Energy ("PSCo") (each individually a "Party," or collectively the "Parties") hereby enter into this Timeline Extension Agreement (the "Agreement") effective as of July , 2025, to define the applicable deadlines for review and final action by the County on PSCo's revised Major Facilities of a Public Utility 1041 Permit application 1MJUSR25-08-1647. ARTICLE I. BACKGROUND Section 1.01 PSCo is proposing to construct, maintain, and operate at the Fort St. Vrain Generating Station located in the County, two new natural gas fired combustion turbines, including the potential future conversion of such turbines to a hydrogen fuel source subject to administrative review of the fuel change, and including the installation of a selective catalytic reduction on the existing Fort St. Vrain Generating Station CT Unit 2 Heat Recovery Steam Generator (the "Project"). Section 1.02 PSCo filed an application with the County requesting approval of the Project pursuant to the Weld County, Colorado, Chapter 21, Article III, Division 3, Permit Program for Site Selection and Construction of a Major Facility of a Public Utility ("County Code") for "site selection and construction of major facilities of a public utility. Section 1.03 As required by the County Code, PSCo held a pre -application meeting with the County to discuss the Project on December 13, 2024. Section 1.04 PSCo submitted the original application for the Project under the County Code on March 13, 2025. Section 1.05 After submitting the original application, PSCo was notified by the County's Department of Planning Services of additional information that must be supplied by PSCo to complete the application. In response, PSCo resubmitted the application with the requested information (the "Application") on April 17, 2025. Section 1.06 After reviewing the information and receiving the Application fee, the County's Department of Planning Services determined that the Application was complete on April 25, 2025 in accordance with the County Code. Section 1.07 The County sent the application out for comments from referral agencies on April 28, 2025, which comments were due from the referral agencies on May 27, 2025. Section 1.08 The County has represented to PSCo that there are legitimate business reasons for not placing this case on the July 1, 2025 Planning Commission meeting. Section 1.09 The Weld County Planning Commission Bylaws state in Article V, Section A that the Planning Commission shall meet on the first and third Tuesday of each month, but it is the Planning Commission's practice to meet on just the first Tuesday of each month. Section 1.10 PSCo's Application and the County's review of the same are subject to various state statutes, including C.R.S. §§ 29-20-108(2) and 24-65.1-501(2) (the "Major Facilities Statutes"), unless superseded by agreement between the Parties. Section 1.11 Under C.R.S. § 29-20-108(2), local land use applications which relate to "the location, construction or improvement" of major electrical facilities require final local government action within 90 days after submission of a final application. If, within 28 days after receiving such an application, the local government notifies the applicant of any additional information that must be supplied to complete the application, the period for the local government to take final action begins when the applicant provides the requested information. Otherwise, the period within which the local government must take final action begins on the date the application was submitted. If the local government does not take final action within those 90 days or a different agreed -upon deadline, the application "shall be deemed approved." C.I.S. § 29-20-108(2) allows local governments and applicants to set a timeline for review and approval of such applications by agreement that departs with these statutory deadlines. Section 1.12 C.R.S. § 24-65.1-501(2) requires local governments to publish a hearing notice for a 1041 application within 30 days after receipt of an application. The initial public hearing, in turn, must take place between 30 and 60 days after publication of the notice. Section 1.13 Weld County Code Sec. 31-2-250 also includes deadlines associated with 1041 applications. Specifically, upon the Department of Planning Services' determination that the application is complete, it must: (1) set a Planning Commission public hearing date that cannot be more than thirty (30) days after the complete application is submitted; (2) provide certain notices and post signs about the application and the public hearing at least ten (10) days prior to the public hearing; (3) refer the application to referral agencies for comment with a deadline to respond within twenty-eight (28) days; and (4) prepare staff comments for the Planning Commission. After the Planning Commission public hearing and recommendation on the 1041 permit application, the Board of County Commissioners must hold a public hearing on the application within 45 days. That public hearing also requires certain notices at least 10 days prior. Weld County Code Sec. 31- 2-300 and 21-2-310. Section 1.14 The County has represented to PSCo that there are legitimate business reasons for not placing the PSCo Application on the July 1St Planning Commission meeting , and PSCo desires to give the County a full and fair opportunity to review and consider the Application. 2 Section 1.15 Accordingly, the Parties have come to an agreement to set the deadlines described in Attachment A attached hereto for the County's review and final action on the Application. Section 1.16 The County and PSCo mutually acknowledge that this Agreement is supported by appropriate and adequate consideration. ARTICLE IL TERMS OF AGREEMENT The Parties stipulate and agree to an alternative review timeline for the final local government action on the Application as described below. Section 2.01 Notwithstanding anything to the contrary in the Major Facilities Statutes and the County Code, the County shall be held to the schedule of deadlines for review of and final action on the Application and all related, applicable materials including but not limited to a Road Maintenance Agreement and 1041 USR Map (collectively, the "Project Materials"), as set forth in Attachment A attached hereto and incorporated herein. Section 2.02 The scheduled public hearing dates set forth in Attachment A shall not be rescheduled or continued unless upon mutual written agreement of the Parties. In such event, the County shall set the Project Materials to be heard at the next regular meeting of the appropriate reviewing body. Section 2.03 If the County does not take final action on the 1041 Application by the date set forth in Attachment A, the 1041 Application shall be deemed by the County to be approved. Section 2.04 The Parties agree that this Agreement and the alternative review and final local government action timeline set forth in Attachment A are reasonable. ARTICLE III. MISCELLANEOUS Section 3.01 Other than modification of the deadlines as outlined in Attachment A, by entering into this Agreement neither party waives any rights or obligations contained within the Major Facilities Statutes or any other Colorado Statute, common law, or County Code applicable to the Project. Section 3.02 This Agreement shall not be binding on any future applications for projects, by PSCo or otherwise, within the County. Section 3.03 The undersigned is authorized to enter into this Agreement on behalf of PSCo. PSCo has full corporate power and authority to carry out its obligations hereunder and consummate the transactions contemplated hereby. This Agreement has been duly executed and delivered by PSCo, and constitutes a legal, valid, and binding obligation of PSCo enforceable against PSCo in accordance with its terms. [Signatures on the following page.] 3 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed and delivered as of the dates set forth below. Date: 7/3/25 Date: JUL 0 9 2025 ATTEST: By: Name: Esther E. Gesick Title: Clerk the Board Jeito;ei PUBLIC SERVICE COMPANY OF COLORADO, a Colorado Corporation Conducting Business as Xcel Energy Name' Jennifer L. Chester Title: Sr. Mgr., Siting & Land Rights COUNTY OF WELD, COLORADO By: Name: Pe L. Buck Title: Chair, Board of Weld County Commissioners By:fMi6wi6uqoriName: Houstan Aragon Title: Deputy Clerk the Board APPROVED AS TO FORM: By: Name: Karin McDQugal Title: Deputy County Attorney 4 Date JUL 0 9 2025 2oZ5 -Iq 4y ATTACHMENT A Alternative Review and Final Local Government Action Timeline Task Completion Date / Deadline Original Application Submitted March 13, 2025 Additional Information Requested by County March 27, 2025 Revised Application Submitted April 17, 2025 Additional Information Accepted by County April 23, 2025 Payment Complete Of Application Fee / Application Deemed April 25, 2025 Agency Referral Period Begins April 28, 2025 Agency Referral Period Ends May 27, 2025 Initial Prepared Staff Report and Conditions of Approval July 10, 2025 County Conditions And of PSCo Approval Meet Regarding Staff Report and No Later Than July 16, 2025 County the Application. Planning to provide Commission Notice of and the BOCC Public Hearing on the 1041 with July 16, 2025 Final Prepared Staff Report and Conditions of Approval July 29, 2025 Public Application Planning Hearing and Commissioners with Recommendation the Planning Commission to on the BOCC by August 5, 2025 Public Commissioners on the 1 Hearing 041 Application with on the the Application Board of County and Final Decision August 20, 2025 If Commissioners Maintenance BOCC the Application for approval is on Agreement approved August will 20, by 2025, be presented the the Board Road of to County the August 25, 2025 Attachment A — Pg. 1 Houstan Aragon From: Sent: To: Cc: Subject: Karin McDougal Monday, July 7, 2025 10:52 AM Houstan Aragon Maxwell Nader; Chloe White; Jan Warwick; Jessica Reid; Diana Aungst; Esther Gesick RE: Xcel Energy - 1 MJUSR25-08-1647 - Timeline Extension Agreement - signed Good for placement and you may stamp my signature Karin McDougal Deputy County Attorney Weld County Attorney's Office 1150 "0" Street Greeley, CO 80631 970-400-4396 STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. From: Houstan Aragon <haragon@weld.gov> Sent: Monday, July 7, 2025 10:19 AM To: Karin McDougal <kmcdougal@weld.gov> Cc: Maxwell Nader <mnader@weld.gov>; Chloe White <cwhite@weld.gov>; Jan Warwick <jwarwick@weld.gov>; Jessica Reid <jreid@weld.gov>; Diana Aungst <daungst@weld.gov>; Esther Gesick <egesick@weld.gov> Subject: RE: Xcel Energy - 1MJUSR25-08-1647 - Timeline Extension Agreement - signed Importance: High Karin, Please review and advise as to placement on the Wednesday, July 9, 2025, Agenda. Likewise, please authorize CTB to stamp your name approving the agreement as to Form. Kindly, COUNTY, CO Houstan Aragon Deputy Clerk to the Board Desk: 970-400-4224 P.O. Box 758, 1150 O St., Greeley, CO 80632 OM CD Join Our Team 1 ATTACHMENT C: USE BY SPECIAL REVIEW QUESTIONNAIRE ("1041 QUESTIONNAIRE") See Fort St. Vrain Generatinc Station Unit 7 and 8 New Gas Turbine Pro'ect - February 2025 - document starting on page 50 for additional information. FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 i List of acronyms and abbreviations 1041 APEN ASCE BMP CCR CDOT CEP CPUC CPW CRS CT dB(A) GE MW NHD NOx NWI Pathway PSCo ROW S CR SWMP TCA U SFWS U SR WOTUS Xcel Energy Areas and Activities of State Interest (1041) Air Pollutant Emissions Notice American Society of Civil Engineers Best Management Practice Code of Colorado Regulations Colorado Department of Transportation Clean Energy Plan Colorado Public Utilities Commission Colorado Parks and Wildlife Colorado Revised Statutes Combustion Turbines A -weighted decibels General Electric Megawatt National Hydrography Dataset Nitrous oxide National Wetland Inventory Colorado's Power Pathway P ublic Service Company of Colorado Right -of -Way S elective Catalytic Reduction Stormwater Management Plan Temporary Construction Area U .S. Fish and Wildlife Service U se by Special Review Waters of the U.S. P ublic Service Company of Colorado, an Xcel Energy company DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 ii Tables Table 1: Employees and Shifts per Phase 5 Table 2: Project Construction Activities 6 Table 3: Land Use Permit Requirements and Applicability to the Project 177 Table 4: Special -Status Species Potentially Occurring w/ 1 Mile of Proposed Project 233 Table 5: Daily Vehicle Trips during Construction 422 DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 1 Use by Special Review (USR) Questionnaire Supplemental Questions for 1041 Major Facilities of Public Utilities The sections that follow address potential impacts from the construction, maintenance, and operation of the Fort St. Vrain Generating Station Combustion Turbine (CT) Units 7 and 8 which includes the potential future conversion of CT Units 7 and 8 to a hydrogen fuel source subject to administrative review of the fuel change, and including the installation of a Selective Catalytic Reduction (SCR) on the existing Fort St. Vrain Generating Station CT Unit 2 Heat Recovery Steam Generator (HRSC), (Project) located in unincorporated Weld County, Colorado, on parcel 120910000006 (subject parcel) as well as proposed mitigations where appropriate. The Project area as defined in this document is the 2.8 -acre location within the subject parcel that contains the new CT Units 7 and 8 and foundation area (Attachment B). The Project is proposed by Public Service Company of Colorado (PSCo), an Xcel Energy company. 1. Describe the type of facility. Specify where applicable: a. The voltages and lengths of transmission lines. No transmission lines are proposed as part of the Project. b. Power source and generating capacity. The Project will include the installation of two nominal 182.1 -megawatt (MW) natural gas -fired combustion turbines (CT) at the existing Fort St. Vrain Generating Station, for a total of 364.2 megawatts of additional generating capacity. CT Units 7 and 8 will connect into, and be powered by, the existing natural gas infrastructure that serves the Fort St. Vrain Generating Station. CT Units 7 and 8 will utilize General Electric (GE) 7F.05 gas turbines. The GE 7F.05 gas turbine with the DLN 2.6+ combustion system is currently capable burning 5 percent hydrogen -by -volume. CT Units 7 and 8 are not permitted by the State of Colorado to use hydrogen as a fuel source at this time. GE's current schedule is to have CT units that are capable of burning 100 percent hydrogen by 2035. Xcel Energy plans to convert the turbines to burn 100 percent hydrogen prior to 2050. c. The functions and sizes of substations. No new substations or additions to the existing Fort St. Vrain Substation are proposed as part of the Project. DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 2 d. The capacities of storage tanks and types of petroleum derivative to be stored. Xcel Energy anticipates a temporary 2,388 -gallon, double -walled, red -dye diesel tank will be stored on the subject parcel in support of the Project construction operations. A 500 -gallon gasoline fuel cube will be kept at the maintenance shop on the subject parcel. 5 -gallon gas cans for small tools and aerosol cans (spray paint) will be kept in flammable liquid storage cabinets away from the power block. e. Corridor locations. No transmission line or pipeline corridors are proposed as part of the Project. f. Service area. The Project will add generating capacity to the Fort St. Vrain Generating Station, which will serve customers in Weld County and Northern Colorado. g. Resource area (e.g., source of power being generated or transmitted). The Project will add two new CT Units, known as CT Units 7 and 8, and associated facilities to Xcel Energy's existing Fort St. Vrain Generating Station. Natural gas will be used by CT Units 7 and 8 to generate power and the power will be distributed through the existing transmission network. See also the response to Supplemental Question 1.b of this 1041 Questionnaire. h. Applicable support facilities (e.g., pollution control, parking areas, landscaping, etc.) to be provided. The Project includes a Temporary Construction Area (TCA) located adjacent to the Project area that will include two temporary parking areas to be used during construction, temporary haul route, temporary laydown and stockpile yard as shown in Attachment B, 1041 Permit Map. The temporary construction areas will be removed upon completion of construction. As described in the response to review criteria 21-3-340(A)(14) in Section 5 of this 1041 Application, best management practices (BMPs) will be used during construction to control sediment and runoff from work areas. Compliance with applicable federal, state, and county construction and waste management procedures will prevent accidental spills or runoff of sediment or contaminants to waterbodies or groundwater. The Project will also include the installation of post combustion nitric oxide and nitrogen dioxide (NOx) controls by means of Selective Catalytic Reduction (SCR) on the existing Fort St. Vrain CT Unit 2 Heat Recovery Steam Generator to meet currently permitted emission requirements. The addition to CT Unit 2 will not increase visible floor area, DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 3 height, or massing of CT Unit 2, as the additions will be to existing equipment and will be located within those equipment enclosures. With the addition of CT Units 7 and 8, which will not have post emission controls, the SCR installation on CT Unit 2 will allow for netting of the NOx emissions to allow the new CT Units 7 and 8 to operate with a higher capacity factor prior to reaching permit emission limits. Prior to initiating any earth -disturbing activities, appropriate BMPs will be installed. Topsoil and other relevant materials will be salvaged or stockpiled as necessary. All stockpiles will incorporate stormwater BMPs to minimize sediment transport and topsoil erosion. BMPs such as sediment traps, rock check dams, straw wattles, and diversion ditches will be implemented as applicable. Check dams may be utilized within ditches to reduce water flow velocity. Upon completion of clearing and grubbing of the Project area and TCA, excavation will commence as needed. BMPs installed during initial earth - disturbing activities will remain in place throughout construction. Open excavations will be barricaded at the end of each workday for safety measures. When feasible, excavated materials will be stored uphill from the excavation. For stockpiles located downhill, erosion and sediment control measures will be implemented to prevent sediment transport. Soils will be backfilled in reverse excavation order, with topsoil applied as the final layer. Excess excavated materials will be disposed of properly. Construction staff will consult with Xcel Energy Environmental Services prior to the reuse or disposal of excess soil. Xcel Energy Environmental Services will advise on any necessary sampling and laboratory analysis that may be required prior to reuse or disposal and will identify an appropriately permitted disposal facility for excess soil, as applicable No public parking spaces are needed for the Project. Temporary haul routes, internal to the subject parcel and located within the TCA, will be constructed for use during construction and maintenance. Access to the Project area and TCA will be restricted from the public. Employee access to those areas will be from the existing access to the Fort St. Vrain Generating Station through internal access points. The existing access to the Fort St. Vrain Generating Station will be used for access to the Project area along with the access located south of the main entrance that was approved in 2022 AP22- 00409. Once construction has been completed, areas not needed for operations and maintenance will be reclaimed in a manner generally similar to the condition prior to construction (including by re -seeding in accordance with Xcel Energy's vegetation management standards and Stormwater Management Plan). DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 4 2. Describe the projected development schedule. Specify where applicable: a. Estimated maximum number of employees, number of shifts and employees per shift during the construction, operation and maintenance phases of the project. During construction, Xcel Energy expects staffing to vary during different phases of the Project. Generally, construction staff is categorized in one of three categories: staff employees, craft employees, and vendor employees. At peak activity, up to 50 staff employees are anticipated on site. At peak activity, 205 craft employees are anticipated and 10 vendor employees are anticipated, with these numbers varying depending on the construction phase. Xcel Energy anticipates that, for all construction staff, up to 265 construction staff may be on site at peak activity. During operations, the Project will be staffed by the existing Fort St. Vrain Generating Station employees. It is anticipated that one 10 -hour shift per day (Monday through Saturday) will be worked during construction up to January 1, 2027, when it is anticipated that two 10 - hour shifts (Monday through Saturday) will occur until July 1, 2027. If additional hours are anticipated for shift work, a 24 -hour work permit will be obtained from Weld County. The Project will be staffed, following construction completion, by the existing onsite employees. Upon completion, the Project will be operated and monitored 24 hours a day, 7 days a week, 365 days a year to provide safe and reliable generation service. The Project will be inspected regularly to look for any damage or concerns on these components: • Lube b e oil system • Turbine compartment • Combustion system o Fuel nozzles assemblies o Flowsleeves o Liners o Transition pieces • Turbine nozzles, buckets and shrouds; stages 1, 2, and 3 • Exhaust frame • Inlet case and duct work • Inlet evaporative cooling and filter assemblies • Stack condition • Exhaust ductwork • Inlet and exhaust silencers • Generator compartment DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 5 • Piping systems • Instrumentation Table 1 shows the estimated maximum number of employees, number of shifts, and employees per shift during the construction and operation and maintenance phases of the Project. Table 1: Estimated Employees and Shifts per Phase Construction Phase Construction 140 - 190 employees Em lo ees Ave ra • e Shifts Em • loyees • er Shift One 10 -hour shift Monday to Saturday up to 01/01/2027 Two simultaneous 10 - hour shifts Monday to Saturday from 01/01/2027 to 07/01/2027 50 full time employees, up to 265 employees consisting of full time, part time and craft employees. Operations Maintenance Existing Fort St. Vrain Generating Station Employees 2-6 employees Daily Annually Existing Fort St. Vrain Generating Station Employees 2-6 employees b. Any future phases or extensions of the facility and relationship of the facility (if currently foreseen) to larger programs and plans. The installation of the two new CT Units 7 and 8 allows for Xcel Energy to continue to provide reliable and safe electric generation and service to northern Colorado and Weld County. CT Units 7 and 8 are powered by natural gas and are capable of burning 5 percent hydrogen -by -volume at the time of writing. CT Units 7 and 8 are not currently permitted by the State of Colorado to use hydrogen as a fuel source. GE's current schedule is to have CT units that are capable of burning 100 percent hydrogen by 2035. Xcel Energy plans to convert the turbines to burn 100 percent hydrogen prior to 2050. Xcel Energy is seeking approval in this 1041 Permit of the potential future use of hydrogen as the fuel source for the CT Units 7 and 8 if and when allowed by the State of Colorado, subject to administrative review by Weld County staff. The Colorado's Power Pathway transmission line (U5R23-0039) and substation equipment additions (AMSPR23-0010) are currently under construction on the subject parcel. The Project will connect into the existing Fort St. Vrain Generating Station, which is also connected with the substation equipment additions associated with Colorado's Power Pathway. DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 6 c. Timetable for planning (e.g., federal permits, other state permits, local zoning, etc.). A timetable for obtaining required federal, state, and local permits is described in response to Supplemental Question 15.b.i of this 1041 Questionnaire. d. Estimated beginning and completion of construction and beginning of operation of facility. Construction is estimated to begin Summer 2025 and be completed by Spring 2027, with operation of the Project anticipated in Summer 2027. A summary of the phases of construction for the Project in Weld County is shown in Table 2. Many variables factor into the schedule for projects of this magnitude. The construction schedule is contingent on acquiring all necessary permits, labor, and materials. Table 2: Project Construction Activities Ste • Rough Grading/Tub Excavation Construction Activities Construction and routes, TCA topsoil via installation activities removal will of and include perimeter segregation, preparation fencing, of temporary and grading. the Project haul area Foundations, Utilities, backfill and Tub Construction piping, electrical activities duct will bank, include foundations, installation and of stormwater underground controls. Final Condition Stabilized Construction swale and activities basin conversion will include to grading permanent to final condition. contour and Combustion Turbine Installation Unit Construction connecting Station operational. infrastructure, CT activities will 7 and and include 8 to preparing installing existing CT CT Units Fort St. Vrain Units 7 and 7 and 8, Generating 8 to become Units Restoration Construction conditions. activities include returning TCA to pre-existing 3. Describe hazards and emergency procedures. Specify where applicable: a. Hazards, if any, of fire, explosion and other dangers to the health, safety and welfare of employees and the general public. CT Units 7 and 8 are built and maintained to meet or exceed safety standards, such as those specified by the National Electric Safety Code, International Organizations of Standardization (ISO) 21789 Gas Turbine Safety Standard, National Electrical Manufactures Association (NEMA) MG 2, National Fire Protection Association (NFPA) standards. Every effort is made to ensure safety in construction, operation, and maintenance of CT Units 7 and 8. CT Units 7 and 8 are designed to withstand extreme DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 7 weather conditions and will be designed to handle extreme wind and snow loads, similar to the existing CT Units. Xcel Energy will operate and monitor CT Units 7 and 8 in the same manner as the six existing CT units are currently operated and monitored. Emergency shut off procedures are in place in case of an emergency for existing CT U nits and will be included for CT Units 7 and 8. The CT Units are powered by natural gas and are connected to the natural gas lines currently located at the Fort St. Vrain Generating Station. The natural gas lines are monitored 24/7 and feature emergency valve shutoffs to stop the supply of natural gas to the existing CT Units and the proposed CT Units 7 and 8. Only authorized Xcel Energy employees and emergency services personnel, in case of an emergency, are allowed onsite and allowed to access the existing CT Units and proposed CT Units 7 and 8. For the safety of the general public, unauthorized personnel are not permitted to come into contact with the existing CT Units and proposed CT Units 7 and 8. Personal Protective Equipment is required for all employees working on the P roject during construction, and current Personal Protective Equipment requirements implemented at the Fort St. Vrain Generating Station will be maintained during operation of the existing CT Units and proposed CT Units 7 and 8. b. Hazards, if any, of environmental damage and contamination due to materials used at or activities taking place at the proposed facility. Chemicals that may be used during construction and operation are those found in diesel fuel, gasoline, coolant (ethylene glycol), and lubricants in machinery. Hazardous materials will not be drained onto the ground or into streams or drainage areas. Enclosed containment will be provided for trash disposal. Construction waste, including trash and litter, garbage, other solid waste, petroleum products, and other potentially hazardous materials, will be removed and taken to a disposal facility permitted to accept such materials. Construction, operation, and maintenance activities will comply with applicable federal, state, and local laws and regulations regarding the use of hazardous substances. Construction activities will be performed using methods that prevent entrance or accidental spillage of solid matter, contaminants, debris, and other pollutants and wastes into flowing streams or dry watercourses, lakes, and underground water sources. Activities will follow BMPs for the management of waste to avoid and minimize effects from potential spills or other releases to the environment. S hort-term, temporary increases in fugitive dust and construction equipment exhaust (fumes) are anticipated during construction activities. These are not expected to cause a public nuisance. Once CT Units 7 and 8 are in operation, traffic at the Fort St. Vrain Generating Facility is not expected to increase from its current level. As a result, DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 8 increased dust or exhaust from vehicles accessing the site is not expected during operations. A Construction Permit application was submitted to the Colorado Air Pollution Control Division on 4/30/2024 and is included as Attachment O. The application included the required APEN forms (for CT Units 7 & 8, and CT Unit 2). The application covers the addition of CT Units 7 and 8 as well as the addition of SCR controls on the existing CT Unit 2. When issued, the permit will include requirements for CT Units 7 and 8 and the existing CT Unit 2 which is impacted from a NOx standpoint because the reduction in NOx emissions from the addition of the SCR controls is being done to offset NOx emissions from two new CT Units 7 and 8. Xcel Energy will determine if a General Permit GP03 — Land Development permit and the supporting APEN will be required via an assessment of the proposed disturbance and excavation work. The assessment will consider total contiguous acreage that excavation activity will occur on and the total duration that excavation activities will occur. While preliminary estimates are available on excavation activity and duration, Xcel Energy will wait for finalization of those estimates (to occur after the review comments are received for the 1041 application). Based on confirmation of excavation acreage and duration Xcel Energy will determine if a General Permit GP03 — Land Development Permit is needed for construction activities involving excavation and will submit an application to the Colorado Air Pollution Control Division as appropriate. Note that coverage under a potential GP03 permit would begin on the date the application is submitted. c. Emergency procedures to be used in the event of fire, explosion or other event which may endanger the public health, safety and welfare. The Fort St. Vrain Generating Facility is located within the Platteville-Gilcrest Fire District. Xcel Energy's facilities are designed, constructed, operated, and maintained to meet or exceed all applicable snow loads, seismic loads, and wind loads. The Project will be designed to resist snow loads in accordance with American Society of Civil Engineers (ASCE) 7, Chapter 7 and Colorado Design Snow Loads, 2016 which includes a ground snow load of 35 pounds per square foot. The Project will be designed to meet Seismic Design Category B per ASCE 7, Section 11.6. The Project will be designed to meet wind loads per ASCE 7 and the International Building Code, which includes the basic wind speed of 115 miles per hour and the 10 -year mean recurrence interval wind speed of 78 miles per hour. As noted in the pre -application comments, Attachment Q, no building permits will be required for the Project. DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 9 d. Xcel Energy's Fort St. Vrain Generating Station is staffed 24 hours a day and all equipment is monitored and controlled from the onsite control rooms where event response is coordinated. In the rare event of an emergency, onsite operations staff will likely be aware of an issue before the general public or emergency responders. The site is secured by a perimeter fence line to prevent access by the general public and all other unauthorized personnel. If emergency responders are needed, the onsite operating staff will make the emergency call for help from the control room. If additional access controls or assistance is needed, the control will also contact Xcel Energy's internal Security Operations Center (SOC) for further access requirements and emergency assistance. Emergency responders will be met by onsite operations staff and escorted to the location of the needed emergency services. Xcel Energy personnel receive safety training for handling emergency situations including review of the site -specific Emergency Action Plan. Xcel Energy also coordinates closely with local fire departments and first responders and consults with them to discuss any concerns within their response area. Xcel Energy offers free online safety training to fire departments and first responders that is based on national standards through the Responding to Utility Emergencies Program. The Weld County 1041 USR Procedural Guide Major Facility of a Public Utility includes a requirement for a draft emergency incident action plan if applicable. Xcel Energy's Emergency Response Procedures are provided as Attachment U. Any prevalent natural hazards that will affect or be affected by development, and describe mitigating measures to be taken to reduce danger due to such natural hazards. Xcel Energy natural gas facilities are specifically designed for the locations where they are placed. Geotechnical studies are conducted to identify subsurface conditions and determine foundation specifications. No natural hazards have been identified within the Project area and it is not anticipated that the Project will be affected by any prevalent natural hazards. See also the response to Supplemental Question 3c of this 1041 Questionnaire. 4. Summarize major natural and socioeconomic environmental constraints as they affect the site selection and construction of the facility as proposed. A discussion of environmental constraints is described in the response to Supplemental Question 15 of this 1041 Questionnaire. According to the U.S. Census Bureau (U.S. Census Bureau 2023), Weld County had a total estimated population of 359,442 in 2023. This is an increase of approximately DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 10 9.3 percent since the 2020 Census. U.S. Census demographics from 2023 for Weld County show a 51 percent male and 49 percent female distribution of the predominantly 91 percent white population. Per capita income in Weld County in 2023 was $41,661, approximately 17 percent lower than the statewide estimate of $50,489 (U.S. Census Bureau 2023). In November 2024, unemployment in Weld County was 4.7 percent according to the U.S. Department of Labor: Bureau of Labor Statistics (FRED 2025a). The November 2024 statewide average for unemployment was 4.3 percent (FRED 2025b). Xcel Energy anticipates that at peak construction activity up to 265 construction workers will be needed for construction. Construction crews may reside in the area during construction. The continued provision of reliable and safe electricity to Weld County from the Fort St. Vrain Generating Station will continue to benefit the growing area and is supportive of all types of employment within the County. The underlying major natural and socioeconomic environmental factors of the area did not factor in the location of the P roject, as the Project is an addition to the existing Fort St. Vrain Generating Station that is providing a direct benefit to Weld County and communities in Northern Colorado. 5. Summarize the effects of the proposed site selection and construction upon the natural and socioeconomic environment of the impact area as applicable to submission requirements. Included should be an analysis of impacts upon agricultural productivity and agricultural resources and upon vested water rights. An analysis of the effects of the proposed site selection and construction upon the socioeconomic environment of the impact area is provided in the response to S upplemental Question 4 of this 1041 Questionnaire. An analysis of impacts upon agricultural productivity and agricultural resources is provided in the response to S upplemental Question 15.b.ii and the response to Planning Question 6 of this 1041 Questionnaire. No impacts to agriculturally productive land is anticipated because of the P roject. The Project will not require additional water rights for construction, maintenance, or operation and will not affect existing water rights. The Project area is currently vacant land adjacent to and within the Fort St. Vrain Generating Station. 6. Include analysis of the long-term effects of the proposed site selection and construction upon the physical and socioeconomic development of the impact area. The development of the Project is anticipated to provide local economic benefits during construction. Continued provision of reliable and safe electricity generated from the Fort St. Vrain Generating Station represents a clear benefit to Weld County and is supportive DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 11 of the physical and socioeconomic development of the County. The Project allows for consistent, reliable, and safe electric generation to continue at the Fort St. Vrain Generating Station. The long-term effect on the impact area will be positive as construction jobs will be created for the construction of the Project and post - construction, CT Units 7 and 8 will contribute to the provision of reliable and safe electricity to the impact area. See also the response to Supplemental Question 4 of this 1041 Questionnaire. 7. Include a description of a program to minimize and mitigate adverse impacts and to maximize the positive impacts of the proposed site selection and construction. The Project will mitigate and minimize adverse impacts as described in the responses to Supplemental Question 15 of this 1041 Questionnaire. 8. Include analysis of nonstructural alternatives to the project such as conservation of energy use, no development or management (different scheduling, conservation programs, facility design, land trades, etc.), if applicable. The purpose of the Project is to supplement and provide further stabilization to the electricity generation at the Fort St. Vrain Generating Station. CT Units 7 and 8 will integrate into the existing Fort St. Vrain Generating Station. No non-structural alternatives are viable. See the response to Supplemental Question 15.iv of this 1041 Questionnaire. 9. Include analysis of reasonable structural alternatives to the Project such as alternate locations and routes, alternative types of facilities, use of existing rights -of -way, joint use of rights -of -way with other utilities, and upgrading of existing facilities. Xcel Energy issued a Request for Proposal for new generation in Colorado, including wind, natural gas, solar and battery storage. Xcel Energy evaluated many sites and unit configurations and selected this Project for development, along with other natural gas, wind, and solar sites. DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 12 10. Include analysis of air and water pollution impacts and control alternatives. Air Quality Weld County is in attainment with National Ambient Air Quality Standards for the following criteria pollutants: particulate matter, carbon monoxide, nitrogen oxides, sulfur dioxide, and lead (EPA 2025). The Denver Metropolitan Area is designated nonattainment for the 8 -hour ozone National Ambient Air Quality Standards 2015 Standard — Moderate Classification of 0.081 up to but not including 0.093 parts per million. The Denver Metropolitan Area consists of Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, Jefferson, and parts of Larimer and Weld counties. The Project will also include the installation of post combustion nitric oxide and NOx controls by means of SCR on the existing Fort St. Vrain CT Unit 2 Heat Recovery Steam Generator to meet currently permitted emission requirements. The addition to CT Unit 2 will not increase visible floor area, height, or massing of CT Unit 2, as the additions will be to existing equipment and will be located within those equipment enclosures. With the addition of CT Units 7 and 8, which will not have post emission controls, the SCR installation on CT Unit 2 will allow for netting of the NOx emissions to allow the new CT Units 7 and 8 to operate with a higher capacity factor prior to reaching permit emission limits. Short-term effects are anticipated from a temporary increase in construction vehicles, which may increase fumes and fugitive dust, construction equipment exhaust (fumes), and clearing and preparing areas for construction (dust). The short-term effects are not expected to cause a public nuisance. If a nuisance arises during construction, the nuisance will be mitigated in coordination with Weld County. It is anticipated that an average of 10 semitrucks per day will be utilized during peak construction activities. On average, four concrete truck deliveries will be made daily. On average, one construction equipment delivery per day is expected. One lattice boom crane will be delivered to the TCA and four forklifts will be delivered to the TCA. Dust control will utilize a water truck to wet the gravel roads and daily sweeping of existing Fort St. Vrain asphalt roads. Xcel Energy will determine if a General Permit GP03 — Land Development Permit with the Colorado Air Pollution Control Division for construction activities related to excavation will be required following the receipt of comments from Weld County for this 1041 application and will follow state standards to control the release of fugitive dust related to construction, as necessary. During operation, the Project will not generate trips in excess of those currently experienced to the site. Visits from personnel will be limited to emergencies or DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 13 maintenance and inspection activities and increased fumes, exhaust, and dust during operations are not expected. Water Resources An analysis of water resources impacts and control measures is provided in the responses to Supplemental Questions 15.c.i and 15.d.i of this 1041 Questionnaire. 11. Include analysis of design alternatives concerning access, landscaping, architectural controls, and so forth. Access to the site is from Weld County Road 19.5 provided via the main entrance to the Fort St. Vrain Generating Station and the existing access point south of the main entrance. Access is not proposed to change to the site and the current access is designed and capable of supporting the Project. Temporary haul routes will be installed internally to connect the Project area to the existing access on the site. The Project is located in the interior of the site and the nearest residential structure is approximately 0.75 mile from the Project area. CT Units 7 and 8 will be located next to the existing CT Units 5 and 6 and the new CT Units 7 and 8 will be similar in style and design as CT Units 5 and 6. The turbine enclosure will be a light grey, metal steel unit and the stack will be an aluminum color, carbon steel stack. 12. Include analysis of hydrologic, atmospheric, geologic, pedologic, biotic, visual and noise impacts. An analysis of atmospheric impacts is provided in the response to Supplemental Question 10 of this 1041 Questionnaire. An analysis of hydrologic, geologic, pedologic, biotic, visual, and noise impacts is provided in the responses to Supplemental Question 15 of this 1041 Questionnaire. 13. Include surface and subsurface drainage analysis. • A Stormwater Drainage Study is included with this application (Attachment D) and more information can be found in the response to Engineering Question 3 of this 1041 Questionnaire. DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 14 14. Applicants seeking a permit for the site selection and construction of transmission lines or substations shall submit the following additional documents and information: a. Computer modeled electromagnetic field measurements within the proposed transmission line easement for that portion of transmission line between substations or transition sites; and Not applicable. The Project does not propose site selection and construction of transmission lines or substations. b. Measures taken to comply with the concept of prudent avoidance with respect to planning, siting, construction and operation of transmission lines, which may be those steps taken to comply with the Colorado Public Utilities Commission's Rule 18(1), or similar authority, for projects where other similar authority is applicable. Not applicable. The Project does not propose site selection and construction of transmission lines or substations. 15. Specific submittal requirements. The following information may also be required: a. Detailed description of the need for the proposed development or activity, including but not limited to: i The present population of the area to be served and the total population to be served when the project is operating at full capacity. The Project will provide reliable, safe and affordable power to 1.6 million Coloradans throughout the State of Colorado, including population within Weld County, who depend on Xcel Energy for electric service. ii The predominant type of users or communities to be served by the proposal. The Project will support residents of northern Colorado including Weld County. Communities served include the municipalities and counties of northern Colorado and is supportive of private users including agricultural, residential, commercial, industrial, and recreational users in northern Colorado. DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 15 The percentage of the design capacity at which the current system is now operating. The Fort St. Vrain Generating Station is currently rated at 1,060 megawatts with the existing 6 CT Units in operation. See the response to Supplemental Questions 15.a.iv and 15.a.v of this 1041 Questionnaire. iv The relationship of the proposal to the applicant's long-range planning and capital improvements programs. The Colorado Public Utilities Commission (CPUC) recently found that granting authority to Xcel Energy to move forward with acquiring the resources in the Alternative Portfolio, including its gas resources, is in the public interest. The CPUC furthermore found that thermal generation such as that proposed with Unit 7 and 8 is a necessary component of the Clean Energy Plan (CEP) set forth for within the 2021 Electric Resource Plan and CEP that guides energy development goals of Xcel Energy (Xcel Energy 2025). The Project allows for Xcel Energy to construct thermal generation in order to boost system reliability while the CEP is being implemented. v A description of why public convenience and necessity require a facility of the size and nature proposed. CT Units 7 and 8 are each nominal 182.1 -megawatt natural gas -fired CTs. The 364.2 megawatts of power generated by the Project is necessary to continue the generation of safe and reliable power at the Fort St. Vrain Generating Station. The addition of the two new CT Units 7 and 8 allows Xcel Energy to increase grid stability by providing electric generation that can be used to balance potential intermittency of renewable energy sources. These generation projects may provide other additional economic development through increased jobs associated with construction and local tax -based revenue associated with land usage. The size and nature of the Project is necessary to support the existing facilities and support future projects. vi A description of the user needs and user patterns to be fulfilled by the proposed project. See the response to Supplemental Question 15.a.v of this 1041 Questionnaire. vii A description of the relationship of the project to other existing and planned utility facilities of a similar nature, other communication or energy generation and transmission facilities, local government capital improvement programs and special district expansion programs. The Project supports Xcel Energy's energy generation and transmission facilities at the existing Fort St. Vrain Generating Station. CT Units 7 and 8 support the continued safe, DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 16 reliable, and economical electric service provided to northern Colorado from the Fort St. Vrain Generating Station. This Project is related to the Colorado's Power Pathway transmission project Fort St. Vrain Substation equipment additions (permitted separately by Weld County), as the new CT Units 7 and 8 are proposed to interconnect at the Fort St. Vrain Substation. The Project is not related to local government capital improvement programs or special district expansion programs. b. Environmental impact analysis — land use. i Describe the relationship of the project to local land use, policies and comprehensive plans and to policies and plans adopted or under preparation by federal, state, regional or other affected local governmental agencies. An analysis of the Project's consistency with the Weld County Comprehensive Plan (Weld County, Colorado, Charter and County Code Chapter 22, Comprehensive Plan; Weld County 2024) is provided as Attachment K. Federal, state, and local permits and approvals may be required prior to Project construction. Multiple Colorado statutory provisions and local government land use plans and controls apply to the Project, including approval of a Certificate of Public Convenience and Necessity from the CPUC; notice, consultation, and permit approvals from Weld County, and notice to owners of a mineral estate. All necessary land use, environmental, and construction permits, approvals and authorizations will be obtained prior to the start of and during construction as required and may include but are not limited to major land use permits, right-of-way (ROW) permits, road use agreements, access permits, oversize/overweight permits, grading permits, and stormwater permits. Xcel Energy anticipates avoiding impacts to jurisdictional waters of the U.S. (WOTUS) and State -regulated waters with this Project and therefore does not anticipate that the Project will require authorization by the U.S. Army Corps of Engineers under Section 404 of the Federal Clean Water Act or the State of Colorado's Temporary Authorization program administered by the Colorado Water Quality Control Division. The regulatory requirements identified by Xcel Energy are described in Table 3. Table 3 is intended as an illustrative list of the permits and approvals that may be required for the Project, but other permits or approvals may be required. DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 Table 1: Land Use Permit Requirements and Applicability to the Project 17 Jurisdiction Title Tri Need gas Colorado • • facility er for new natural in Statuto Reference Status Colorado Utilities Commission Public Certificate Convenience Necessity of Public and CRS Rule 4 3102, CCR 40-5-101, 1303 723-1 and 3206, CRS and Rules 4 CCR et seq., 3002, 723-3 and Expected filing is 3/15/25. Notification Intention Permit for Facilities Major Application to Electrical of Submit location, improvement Filing application construction, major natural permit electrical gas for facilities or of or CRS 29-20-108 11/26/24 Government State Requirements, Mineral Notice Owners and local Public an application development government hearing by for a on CRS 24-65.5-103 In CRS will owners Vrain the owners right than and separate notification. accordance provide Weld 24-65.5-103, Generating to 30 may associated may receive days County also hearing notice choose before waive with the Station hearing. regarding the to the with notice the their the to statute applicant waive Fort hearing mineral prior not right Mineral St. their less to to a Colorado Department Public Environment Health of and Construction General Permit Waste Plan and Management Stormwater Solid Construction that or greater disturb sites one acre 5 CCR 1002-61 be obtained prior to To construction. Construction APEN Permit Operation Units SCR. of 7 and new CT 8 and 5 CCR 1001-14 April 30, 2024 Land Air Emissions Pollutant Development Notice Construction disturbance than duration 6 months 25 acres longer greater or than *** Colorado II.D.1.j., provide II.E.3.j. statutory Regulation reference*** number 3, Spring 2025 TBD, DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 18 Jurisdiction Title Tri • • er Statutory Reference Status Weld County 1041 (this Application document) interest Proposed development activity of a public of (major state utility) of an facility Weld Code Activities County, County Chapter of Colorado, State Charter 21 Areas Interest; Charter and and County Weld Anticipated 2025 submittal March 13, Weld County Grading Permit Required foundation construction Combustion Units for and of Turbine Weld County Code, Section 8-12.30 Anticipated 2025 submittal Summer Weld County Access Permit Proof permit statement the access governing need of (or an permit) access written releasing for entity an from Weld 30.1 County Code, Section 8-14- Weld 00409 County approved Access in 2022. Permit AP22- CRS = Colorado Revised Statutes CCR = Code of Colorado Regulations DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 19 ii Detail the agricultural productivity capability of the land affected by the proposal (SCS classification). The current approved land use for the subject parcel is 1-3 (Heavy Industrial) which was approved through Weld County Zoning Case Z-76 in 1966. The Project area is currently vacant land and is an allowed use within the 1-3 (Heavy Industrial) zone encumbering the site. No impacts to agricultural productivity are anticipated and the Project does not remove agriculturally productive land from the County. The current use of the Project area within the subject parcel is undeveloped land associated with the existing Fort St. Vrain Generating Station and is functionally vacant open land. iii Specify how the proposed development will utilize existing easements or rights -of -way for any associated distribution or collector networks. The Project does not propose linear transmission or pipeline infrastructure. The Project is located within the PSCo fee -owned subject parcel zoned 1-3 (Heavy Industrial). c. Environmental impact analysis — water resources. i Documentation of the historical flooding activity should be included. Detail potential, adverse impacts related to the associated floodplain. A map showing floodplains within the vicinity of the Project is provided as Attachment L. The northeastern corner of the subject parcel does feature a portion of the 500 -year and 100 -year floodplain. This area is west of Weld County Road 19.5, is outside of the Project area, and will not be impacted by the Project. The Project area avoids floodplains and the Project will minimize adverse impacts to floodplains via the use of erosion and sediment control BMPs during construction. ii Describe the potential adverse effects of the proposal upon plant and animal life dependent upon the water resources in question. Existing Vegetation The Project area consists of vacant land. Management Areas and Priority Habitat Federal, state, and local agencies designate areas to help conserve habitats critical to migratory birds and other sensitive species (e.g., National Wildlife Refuges, National Grasslands, State Parks, and State Wildlife Areas). No federally or state -managed conservation areas are within 1 mile of the Project. In addition, no Critical Habitat designated by the U.S. Fish and Wildlife Service (USFWS) is mapped in the Project area (USFWS 2024d). DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 20 Beyond these priority habitats, the Project generally avoids impacts to surrounding habitat. Measures will be implemented to minimize the spread of noxious weeds on the subject parcel. The Project will adhere to BMPs and erosion control measures outlined in the Stormwater Management Plan. Special Status Wildlife A desktop analysis of a 1 -mile area surrounding the Project area within Weld County was completed to characterize the environmental setting of the Project and to evaluate the potential for occurrence of special -status species based on available habitat and is this analysis is included here. The analysis included the Project area plus a 1 -mile buffer. The buffer was used to evaluate biological resources that could be influenced by the Project construction, maintenance, or operation (e.g., raptor nests). To assess the potential for occurrence of special -status species within the County, the following publicly available information was reviewed: • Google Earth Aerial Imagery (Google 2025) • National Land Cover Database (USGS 2025) • USFWS Information for Planning and Consultation (online tool (USFWS 2025a) • USFWS Critical Habitat Portal (USFWS 2025b) • Colorado Natural Heritage Program Conservation Data Explorer -CODEX (CNHP 2025) • Colorado Parks and Wildlife (CPW) Species Activity Mapping Data (CPW 2025a) • CPW State Species List (CPW 2025b) • CPW Online species profiles and distribution information (CPW 2025c) d. Environmental impact analysis — significant environmentally sensitive factors. Detail the potential impact of the proposal upon each feature: A map of Significant Environmentally Sensitive Factors is provided as Attachment M. i Marshlands and wetlands. A desktop analysis of the Project was completed to identify potentially jurisdictional wetlands and other WOTUS that may be subject to regulation under Section 404 of the Clean Water Act. The following digital information was evaluated for a 1 -mile radius around the Project area: • USFWS National Wetland Inventory (NWI) dataset (USFWS 2022c) DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 21 • U.S. Geological Survey National Hydrography Dataset (NHD; USGS 2025a) The Significant Environmentally Sensitive Factors illustrates the mapped NWI and NHD locations within the subject parcel boundary. No NWI or NHD mapped areas are located within the Project area. The major NHD-mapped drainages associated with wetlands and other WOTUS features located near the Project area include the South Platte River, Saint Vrain River, and associated unnamed tributaries (USGS 2025b). NWI-mapped features associated with these drainages include freshwater emergent wetlands (USFWS 2025c) that are located in the northwest quarter of the subject parcel. No impact to marshlands and wetlands is anticipated as a result of the Project, as the Project area is not located in an area featuring freshwater emergent wetlands or any other mapped NWI or NHD feature and the Project will adhere to BMPs and erosion control measures outlined in the Stormwater Management Plan. ii Groundwater recharge areas, if applicable. No groundwater discharge areas are located near the Project. No impacts to groundwater recharge areas are anticipated. BMPs will be used during construction to control sediment and runoff from work areas. Compliance with applicable federal, state, and county construction and waste management procedures will prevent accidental spills or runoff of sediment or contaminants to waterbodies or groundwater. ill Potential natural hazards. No areas of geologic hazards or geologic areas of importance are located near the Project. No significant natural hazards have been identified in the areas planned for the Project. Professional engineers who will guide construction do not foresee any unusual risks. Xcel Energy facilities are specifically designed for the locations where they are placed. Geotechnical studies will be conducted for the Project to identify subsurface conditions and determine foundation specifications. iv Forests and woodlands. There are no forests or woodlands located in the Project area. v Critical wildlife habitat. The USFWS Information for Planning and Consultation online tool and CPW online databases were used to identify federally and state protected species that may occur near the Project in Weld County, including species listed or proposed for listing under the Endangered Species Act, bald eagles (Haliaeetus leucocephalus) and golden eagles (Aquila chrysaetos), protected under the Bald and Golden Eagle Protection Act, and state listed threatened or endangered species (CPW 2024a, CPW 2024b, CNHP 2025, USFWS 2025a, USFWS 2025b). In addition to the federally and state listed DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 22 species that receive regulatory protection, state Species of Concern were also evaluated. Although Species of Concern do not receive any regulatory protection, they have been identified by the state as having management interest either due to declining populations or habitat loss. A total of 18 special -status wildlife species were identified as potentially occurring within 1 mile of the proposed Project (Analysis Area). Table 4 outlines the likelihood of occurrence of each species within the Analysis Area based upon review of known species ranges, habitat requirements, land cover data, and aerial imagery. DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 23 Table 4: Special -Status Species Potentially Occurring within 1 Mile of Proposed Project Common Mammals Federal/ State Name Scientific Name Status' Habitat Associations/ Ran • e Likelihood of Occurrence2 Black prairie -tailed dog Cynomys ludovicianus - / SC lives Occurs prairie they within live in the in habitat colonies and the overall eastern below raise and species their they third 6,000 construct young. range. of feet Colorado, elevation. burrows Analysis in shortgrass where Area species is Moderate within the - suitable Analysis Area. habitat exists The The Preble's meadow jumping mouse Zapus hudsonius preblei FT/ ST Riparian undisturbed Analysis species; suitable habitat Johnstown, occurs vegetation Area however, habitat. grassland Colorado. is approximately within the with nearest and the Project adjacent, nearby known area mapped 4 miles range preferably water does of not occupied northwest sources. this contain near The Moderate within St. Vrain the - suitable Analysis Creek. Area habitat along exists The Birds Bald eagle Haliaeetus leucocephalus BGEPA SC / Large of water. mile within fish. east rivers, the Nesting Active of northwest the lakes, nest is Analysis typically site and mapped corner reservoirs Area; in of large the approximately roost Analysis with trees site an close is abundance Area. mapped to 0.55 High with Analysis - close active Area. nests proximity are to present the Eastern Rail Black Laterallus jamaicensis ssp. jamaicensis FT including Marshes saltmarshes, and riparian wet and meadows marshes, impounded across coastal wetlands. North prairies, America, in Low Weld mostly River - this of County in the southeast species lower and is uncommon occurs Arkansas Colorado. Ferruginous hawk Buteo regalis - I SC lone Occurs sagebrush high species in trees, area breeding arid like or cliffs, and saltbush a knoll. open rock range. outcrops, The plains, habitats Analysis including and or deserts. on Area the ground is grasslands, Nests within in in a Moderate habitat Analysis is Area. - suitable present within nesting the Golden eagle Aquila chrysaetos BGEPA / - Open Nesting Analysis native occurs Area habitats on is within cliffs, with overall an knolls, abundance species of and raised range. areas. prey. Moderate foraging the Analysis - golden habitat Area. is eagle present within The Long curlew -billed Numenius americanus - I SC Occurs in reservoirs, Area is within grasslands playas, species and in close wet breeding meadows. proximity range to ponds, Analysis Moderate may utilize — the long adjacent -billed curlew aquatic The DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 24 Common Name Scientific Name Federal/ State Status' Habitat Associations/ Ran! e Likelihood of Occurrence2 habitat Creek. provided by St. Vrain Piping plover3 Charadrius melodus FT Platte Species / ST in Reservoirs, areas to related Laramie be Nebraska. considered and activities River sparse lakes, Basins if North vegetation. and the which rivers Project Platte, with may sand affect species include Platte, and listed gravel only water and species needs - Unlikely impacts - no downstream are anticipated. River This will South Western burrowing owl Athene cunicularia hypugaea - I ST Open sloping mammal perimeters occurs habitats terrain. in burrows. this of with prairie species' Nesting low Often or typically dog breeding found colonies. sparse vegetation occurs nesting The range. in in Analysis the small on gently Area High nest prairie - within this species the dog Analysis burrows is are likely Area present. to if Whooping crane3 Grus americana FE / SE lagoons. Freshwater the species. marshes, Analysis wet Area prairies, is outside shallow the lakes, range and for Unlikely not since been - 2010. whooping observed cranes in Colorado have The Fish Iowa Darter Etheostoma exile - / SC Habitat headwaters, Analysis species. includes Area creeks, is clear, within and slow the small vegetated known to medium range perennial rivers. for this The High native (St. -The Vrain Analysis habitat Creek). for this Area species overlaps Pallid sturgeon3 Scaphirhynchus albus FE Platte Species / - River Large Missouri range considered activities River Nebraska. river for Basins River). the North systems if the species. which Platte, Project may with Analysis firm will affect species include sandy Platte, Area listed bottoms is outside only water and species needs -related Laramie (i.e., of in to the be Unlikely impacts - no downstream are anticipated. The This South Reptiles Common gartersnake Thamnophis sirtalis - / SC Occurs is within often the in found grasslands, near overall species water. prairies, The range. streams, Analysis wetlands, Area and t is Moderate occur due to from the Vrain within adjacent Creek. - South this the species Analysis riparian Platte River could Area habitat or St. Insects DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 25 Common Monarch butterfly Name Scientific Name Federal/ State Status' Habitat Associations/ Ran! e Likelihood of Occurrence2 Danaus plexippus FPT / - Found occur The plants species in in a wide grasslands requires to lay their variety and eggs. milkweed of prairie habitats habitats (Asclepias and are in Colorado. spp.) known host to Moderate occur present. if milkweed - this species host plants could are Suckley's Cuckoo Bee Bumble Bombus suckleyi FPE / - This exclusively habitat bee grassy and species (Bombus shrub of areas, its in areas, is the known a social nests occidentalis), urban and host parks mountain parasite of species, other and which gardens, and bees. meadows. nesting the includes It Western occupies chaparral open occurs bumble the Unlikely outside species. - the the Analysis known Area range is for this Plants Ute tresses ladies'- orchid Spiranthes diluvialis / - Moist terraces, 6,500 range meadows feet. for floodplains, this species. associated Analysis and with oxbows Area is perennial at within elevations the stream below known Moderate occur associated in Analysis the near northwest Area. - this wetland with species St. corner habitat Vrain of could Creek the FT The Western fringed orchid3 prairie Platanthera praeclara FT / - Unplowed associated calcareous with tallgrass prairies and prairie sedge habitat. meadows Unlikely not Area. occur - suitable within the habitat Analysis does Invertebrates Cylindrical papershell Scaphirhynchus albus - / SC Headwater and hosts. this sandy species. lakes bottoms; Analysis or low requires Area -gradient warm is within streams the water known with fish range muddy for for High within - suitable St. Vrain habitat Creek. is present The 1 FE = Federally Endangered, Federally Proposed Endangered, FPT=Federally Proposed Threatened, FT = Federally Threatened, ST = State Threatened, SE = State Endangered, SC = Colorado Species of Concern, BGEPA = Bald and Golden Eagle Protection Act 2 Likelihood of Occurrence: Unlikely —unsuitable habitat in project and vicinity; Low —marginally suitable habitat in project and vicinity; Moderate —suitable habitat present in project, or species known to occur in habitat similar to project; High —highly suitable habitat present in project, or known populations exist in project vicinity. 3 Platte River Species = Water -related activities or uses in the Platte River Basins may affect these species in downstream reaches. DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 26 Of these 18 species, five federally protected or proposed threatened species (Preble's meadow jumping mouse [Zapus hudsonius preblei], golden eagle, bald eagle, monarch butterfly [Danaus plexippus], and Ute ladies' -tresses orchid [Spiranthes diluvialis]) and one state -protected species (western burrowing owl [Athene cunicularia hypugaea]) were determined to have a moderate or high likelihood of occurrence within the Analysis Area. Preble's meadow jumping mouse and Ute ladies' -tresses habitat is restricted to the Saint Vrain River in the northwest portion of the Analysis Area and will not be impacted due to construction of the Project. Bald eagles are known to nest adjacent to the Analysis Area along St. Vrain Creek and South Platte River, and golden eagles may use the Analysis Area for foraging. Although the Analysis Area is adjacent to a known bald eagle nest, the Analysis Area is outside CPW's 0.5 -mile human encroachment buffer as described in CPW's Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors (CPW 2020). Habitat for the proposed threatened monarch butterfly may be present within the Analysis Area if milkweed (Asclepius spp.) is present. Proposed threatened species are not statutorily protected under the Endangered Species Act; therefore, Project impacts to the monarch butterfly are not unlawful. Western burrowing owls may utilize the Analysis Area for nesting if prairie dog burrows are present. In addition to listed species, CPW tracks and maps data for big game species habitat throughout the state (CPW 2025a). Mule deer (Odocoileus hemionus) habitat was identified within the Analysis Area, including a mule deer concentration area, migration corridor, winter and severe winter range, and winter concentration area. In addition, the Analysis Area contains a white-tailed deer (Odocoileus virginianus) concentration area and winter range. No other big game species habitat is mapped in the Analysis Area. Potential impacts to wildlife species would primarily be associated with the permanent construction footprint of the Project. In addition, increased noise and equipment movement during construction may temporarily displace wildlife species from the immediate workspace area. Any permanent or temporary impacts are considered minimal due to the Project's small footprint and normal wildlife movements would be expected to resume after construction has been completed. To avoid or minimize potential Project impacts to eagles and other migratory birds and raptors, tree/vegetation clearing will be conducted during the nonbreeding season for birds (September 1 through April 15) if feasible. If vegetation clearing cannot occur during the nonbreeding season, vegetation clearance surveys, raptor nest surveys, and burrowing owl surveys may be conducted per USFWS and CPW guidance to identify avian nesting activity and determine appropriate avoidance buffers (CPW 2020, CPW 2021) or monitor active nest sites until determined to be inactive. DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 27 vi Public outdoor recreation areas. No local public outdoor recreation areas are present in the vicinity of the Project (Weld County, 2025). No impacts to recreation areas are anticipated. vii unique areas of geologic, historic or archeological importance. A cultural resources desktop review including a review of potential historic and archeological importance was conducted for the Project area. The cultural resources desktop review report is included in Attachment W. This analysis included a site file search and literature review. Cultural resource records were reviewed using archaeological site files and the Colorado Cultural Resource Online Database (Compass) maintained by the Colorado Historic Society Office of Archaeology & Historic Preservation. Included in the Compass database are records of properties listed in the National Register of Historic Places. The cultural resources desktop review was conducted for the Project Area) and a 1 -mile buffer surrounding the Project Area (Research Area). Five previously recorded cultural resources were documented in the Research Area. Of these resources, none are located within the Project Area. An additional ten potential historic sites were identified through the search of available data historic maps, historic imagery, and GLO plats. None of the potential historic resources are located within the Project Area. If an unanticipated discovery of a cultural or historic resource, human remains, or paleontological resource is encountered, construction crews will comply with the protocol outlined in the Unanticipated Discovery Plan for the Project. Along with the cultural resource analysis, an analysis of geological areas of importance such as high points, bluffs, and areas of significant topographic relief were also considered. A geotechnical study has been completed, Attachment V, and will be utilized to determine the size and type of foundations needed to support the Project as well as soil resistivity. No significant natural hazards have been identified in the Project area. Professional engineers will guide construction and do not foresee any unusual risks. DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 28 a Environmental impact analysis — Visual aesthetics and nuisance factors. i Identify key locations where the facility can be viewed from and its proximity to residences, simulate the appearance of the facility, and identify noise pollution or obnoxious odors which may stem from the proposal. Visual/Aesthetic Resources Visual analysis from public right of way to the east, south, west and north of the Fort St. Vrain Generating Station are included Attachment N. The visual analysis shows current views of the Fort St. Vrain Generating Station and calls out where the new CT Units 7 and 8 will be located. Views from surrounding public roads were prioritized in selecting the locations of the key viewpoints. A visual resource inventory based on available CDOT — Colorado Scenic and Historic Byways (CDOT 2025) and Discover Weld (Discover Weld 2025) data found no designated, state or local scenic resources within 2 miles of the Project. The existing visual landscape in the area around the Project consists of the existing Fort St. Vrain Generating Station and associated equipment involved with current and former methods of electric generation at the Fort St. Vrain Generating Station, transmission lines and substations, oil and gas facilities, and open agricultural lands that feature pivot -irrigated crops and pastureland. Trees are sparse in the immediate surrounding area, with mature vegetation associated with the South Platte River and Saint Vrain Creek being at least 0.5 mile from the Project area. Industrial facilities are present in the area, including communication facilities, oil and gas wells, natural gas compressor stations, and oil and gas pipelines. Electric distribution lines are visible throughout the area and are generally located along roads. No major roadways are located near the Project area, with the closest Interstate, Interstate 25, being located approximately 5.5 miles west of the Project area and the closest state and U.S. Highway, U.S. Highway 85, located approximately 2.5 miles to the east. Two local roads exist in proximity to the Project area, with County Road 19.5, the road that provides access to the Fort St. Vrain Generating Station being approximately 0.25 mile west of the Project area and Weld County Road 34 being approximately 0.75 mile south of the Project area. Three residences are located within a 1 -mile radius of the Project area (Attachment A, Vicinity Ma ID) Visual impacts of the Project will vary based on proximity and viewpoint. With increased distance, the scale of the Project will be minimized. The new CT Units 7 and 8 will look similar in nature to the existing CT Units 5 and 6 onsite and will not substantially change views in the immediate surrounding area. The new CT Units 7 and 8 are placed directly to the east and next to the existing CT Units 5 and 6. The new CT Units 7 and 8 will be similar in bulk, mass and height as the existing CT Units 5 and 6. The alignment of the DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 29 n ew CT Units 7 and 8 to the east of the existing CT Units, and the general alignment of the Project to the east of the existing Fort St. Vrain Generating Station, minimizes the impacts of the new CT Units 7 and 8 on the views looking west. The existing Fort St. Vrain Generating Station includes larger existing equipment immediately west of the P roject and the introduction of the new CT Units 7 and 8 will not change views looking west from residential parcels, open space, and public ROWs, as the new CT Units 7 and 8 will blend into the existing visual profile looking west. The Project is intermittently visible from the closest ROW, Weld County Road 19.5, in certain locations along Weld County Road 19.5 between Weld County Road 34 and Weld County Road 36 depending on the viewpoint along Weld County Road 19.5. The intermittent view of the P roject from Weld County Road 19.5 is due to the Project being located east of the existing Fort St. Vrain Generating Station which places the new CT Units 7 and 8 approximately a quarter mile from Weld County Road 19.5. Existing vegetation and n atural changes in topography along with the location of CT Units 7 and 8 to the east of the existing equipment at the Fort St. Vrain Generating Station keeps the new CT Units 7 and 8 intermittently screened from views on Weld County Road 19.5. Vegetation associated with Saint Vrain Creek (to the west and north of the site) and the South P latte River (to the east and north of the site) provides natural screening from areas to the east, north, and west of the subject parcel and helps to minimize the visual impact of the new CT Units 7 and 8. The new CT Units 7 and 8 will be the most visible from views from the south looking north, specifically from Weld County Road 34. The visual character of Weld County Road 34 between Saint Vrain Creek and the South Platte River is a mixture of industrial and agricultural, with large industrial uses including n atural gas compressor stations to the south of the road and the existing Fort St. Vrain Generating Station to the north of the road dominating the visual character of the roadway and area. There are three residences within a mile radius of the Project area, with the closest two residences located on land owned by Xcel Energy and generally located to the south and west of the Project area (Attachment A, Vicinity Map). The distance between the existing residences in the surrounding area and the new CT Units 7 and 8 minimizes potential visual impacts to those residences. The Project does not create any major new visual impacts or materially change the visual impacts caused by the existing Fort St. Vrain Generating Station. Noise and Nuisance Factors The CPUC provides reasonableness determinations associated with noise and requires Certificate of Public Convenience and Necessity applicants to evaluate the expected level of noise of the Project. Xcel Energy is required to meet state standards as outlined in 4 OCR 723-3. DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 30 Construction -related noise will result in temporary short-term increases in noise in areas where construction and staging are taking place. Short-term noise is anticipated during the foundation preparation and construction of the Project from construction equipment such as grading equipment, cranes, heavy machinery, and trucks. The operational noise from CT Units 7 and 8 will not substantially add to the noise produced from the existing facility. The noise level from the Project will comply with the maximum permissible noise level of 80 A -weighted decibels (dB(A)) between 7:00 a.m. 9:00 p.m. and 75dB(A) between 9:00 p.m. — 7:00 a.m. for industrial areas or construction activities as required by Section 14-9-40 of the Weld County, Colorado Charter and County Code (Weld County 2024). ii Where significant, map or describe areas within view of project. Visual analysis from key locations where the Project can be viewed are provided in Attachment N. See the response to Supplemental Question 15.e.i of this 1041 Questionnaire for the description of areas within view of the Project. iii Describe proposed mitigation strategy. The Project area is located directly to the east of the existing CT Units 5 and 6, which were installed in 2009. The Project is similar in nature to those existing CT units 5 and 6 and has been sited towards the center of the subject parcel in an effort to reduce new visual impacts. The new CT Units 7 and 8 will look similar in nature to the existing CT Units at the Fort St. Vrain Generating Facility and will not substantially change views in the immediate surrounding area. The closest residence to the Project is approximately 0.75 mile south of the site. Visual analysis is shown from the surrounding ROWs (Attachment N). The Project will be intermittently visible from the closest ROW, Weld County Road 19.5, in certain locations along Weld County Road 19.5 between Weld County Road 34 and Weld County Road 36. Depending on the viewpoint along Weld County Road 19.5 the Project may be visible. The intermittent view of the Project from Weld County Road 19.5 is due to the Project being located east of the existing Fort St. Vrain Generating Station which places the new CT Units 7 and 8 at its closest approximately a quarter mile from Weld County Road 19.5. Existing vegetation and natural changes in topography along with the location of CT Units 7 and 8 to the east of the existing equipment at the Fort St. Vrain Generating Station keeps the new CT Units 7 and 8 intermittently screened from views on Weld County Road 19.5. Vegetation associated with Saint Vrain Creek (to the west and north of the site) and the South Platte River (to the east and north of the site) provides natural screening of the new CT Units 7 and 8 from view from areas to the east, north, and west of the subject parcel. Visual impacts are mitigated by locating the Project in the center of the subject parcel DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 31 which maximizes the visible distance of the Project to adjacent private property and public rights of way. f. Environmental impact analysis — Transportation impacts. i Describe what impacts the proposal will have upon transportation patterns in the area intended to be served or affected by the proposal. Construction of the Project will require construction vehicles and workers to access the site via the existing access drives off of Weld County Road 19.5. Once construction is complete, temporary access drives will be removed and the existing internal driveway will provide permanent access to the new installed CT Units 7 and 8 at the Fort St. Vrain Generating Station. The Project will use BMPs and traffic control during construction and post -construction restoration. Operation of the Project will not result in changes to traffic generated by the use. A traffic narrative is provided in Section 5.3 and a preliminary traffic impact analysis is provided as Attachment I of the 1041 Application. ii Describe the potential impact on roads within the County. Temporary impacts to the public traveling on roads in the immediate vicinity of the Project may occur during the construction phase of the Project. Once the Project is in operation, no public road impacts are anticipated. During construction, a Traffic Control Plan will be used to control potential impacts to roads within the County. Necessary road use and ROW permits will be obtained from Weld County as needed prior to construction. iii Identify improvements required to any roads within the County in order to serve the project adequately. No road improvements are anticipated to be required to serve the Project. DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 32 g. Environmental impact analysis — less damaging alternatives. If the Planning Department determines that the nature or extent of the proposal involves the potential for significant environmental damage or warrants examination of specific, less environmentally damaging alternatives, the Planning Department may request that the Board require the applicant evaluate and present information on such alternatives as part of the application. Required information on alternatives may include, but shall not necessarily be limited to, information on the environmental impacts and cost-effectiveness of the alternatives in relationship to the proposal presented. To Xcel Energy's knowledge, the Planning Department has neither determined that the Project warrants examination of specific, less environmentally damaging alternatives, nor made a request to the Board of County Commissioners to require such additional materials. The CPUC recently found that granting authority to Xcel Energy to move forward with acquiring the resources in the Alternative Portfolio, including its gas resources, is in the public interest. The CPUC furthermore found that thermal generation such as that proposed with CT Unit 7 and 8 is a necessary component of the CEP set forth within the 2021 Electric Resource Plan and CEP that guides energy development goals of Xcel Energy. The Project allows for Xcel Energy to construct thermal generation in order to boost system reliability while the CEP is being implemented. DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 33 Planning Questions 1. Explain, in detail, the proposed use of the property. Include, at a minimum, the following: a. Current or previous use of the land, if any. The Xcel Energy Fort St. Vrain Generating Station is located on a 628.64 acre parcel (subject parcel) in unincorporated Weld County at 9379 Weld County Road 34 (Weld County 2025; see Attachment A, Vicinity Map). The installation of the new CT Units 7 and 8 and facilities associated with the Project will be located adjacent to and east of the existing CT Units 5 and 6 at Fort St. Vrain Generating Station, all located within the subject parcel (See Attachment B: USR Map). The subject parcel is located entirely within the 1-3 (Heavy Industrial) zone district. The zoning of the subject parcel has been 1-3 (Heavy Industrial) since 1966 when the Zoning Case Z-76 was approved for Fort St. Vrain Generating Station. Since that zoning approval, the subject parcel has been used for the Fort St. Vrain Generating Station. The present use of the subject parcel consists of the approved use at the Fort St. Vrain Generating Station, which includes the generating station, electric substation, combustion turbines, and associated natural gas pipelines and electric transmission lines. The land where the Project will be placed is currently vacant and adjacent to existing CT Units 5 and 6. b. Describe the uses surrounding the site and explain how the proposed use is compatible with them. Existing land uses present near the Project facilities include natural gas compressor station facilities, communication facilities, oil and gas pipelines, and several existing high -voltage transmission lines and electric distribution lines. Agricultural facilities located near the Project include cultivated crops and vacant land. The addition of the Project to the Fort St. Vrain Generating Station will not change the existing use and will remain compatible with the existing and future use of the surrounding area. The Project will not materially alter the nature or scope of the Fort St. Vrain Generating Station, and the area will remain largely unchanged from the addition of the Project as CT Units already exist on the subject parcel. c. Describe the proximity of the proposed use to residential structures. The area surrounding the Fort St. Vrain Generating Station is rural and lightly populated. Saint Vrain Creek flows northeast into the South Platte River approximately 1.5 miles to the north of the site. The presence of the rivers to the east and west of the DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 34 site creates a natural separation of the area from existing agricultural and residential land uses located to the east and west of the rivers. Agricultural land uses immediately surround the subject parcel. The closest residences to the Project include one residence approximately 0.75 mile to the west, and an existing residence located on the subject parcel in the southeast corner of the subject parcel at the intersection of Weld County Road 34 and Weld County Road 21, approximately 0.75 mile from the Project. Existing residences are shown on Attachment A, Vicinity Map. d. Describe the hours and days of operation (e.g. Monday thru Friday 8:00 a.m. to 5:00 p.m.). The Project, once in operation, will be in operation 24 hours a day, 7 days a week, 365 days a year. See the response to Supplemental Question 2 of this 1041 Questionnaire. e. List the types, number, and uses of the proposed structures to be erected. A description of the Project is provided in Section 1.4 of this 1041 Application. f. Describe the size of stockpile, storage or waste areas to be utilized, if any. A 2.5 -acre temporary stockpile area will be used during construction, described in Section 1.1.e.2 of this 1041 Application. Following construction, the stockpile area will be restored. Once the Project is operational, no permanent stockpile, storage, or waste areas will be required. g. Describe the method and time schedule of removal or disposal of debris, junk and other wastes associated with the proposed use. Construction waste will be contained in numerous roll -off dumpsters, tippy dumpsters, and trash cans around the site. Debris, junk, and other waste will be hauled off site on a regular schedule. Required federal, state, and county construction and waste management procedures will be followed to prevent accidental spills or runoff of sediment or contaminants to waterbodies or groundwater. Once construction has been completed, construction equipment and materials will be removed from the site and waste products from the construction process will be properly disposed of as needed. The management, transportation, and disposal of waste generated by the Project will be in accordance with applicable local, state, and federal regulations. Areas that will not be needed for operations and maintenance will be reclaimed in a manner generally similar to their condition before construction. DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 35 h. Include a time table showing the periods of time required for the construction of the operation. See the response to Supplemental Question 2 of this 1041 Questionnaire. L Describe the type of lot surface proposed and the square footage of each type (e.g. asphalt, gravel, landscaping, dirt, grass, buildings). The new CT Units 7 and 8 and the associated foundation area will be approximately 2.8 acres and will be concrete. Within the TUA is the temporary parking and haul areas which will consists of gravel and occupy approximately are 5.5 acres. The temporary laydown yard is 8.1 acres, and the temporary stockpile area is 2.5 acres with both areas being located within the TUA and consisting of dirt and grass. All disturbed areas will be reclaimed in a manner generally similar to their condition before construction. j. How many parking spaces are proposed? How many handicapped (ADA) parking spaces are proposed? During Project construction, two temporary parking areas within the existing Fort St. Vrain Generating Station will be required for construction staff. Once construction has been completed, the temporary parking areas will be reclaimed. No permanent public parking spaces are required for the Project because the existing Fort St. Vrain Generating Station has sufficient parking for operation and maintenance staff. k. Describe the proposed screening for all parking and outdoor storage areas. No fencing or screening is proposed because no additional permanent parking or outdoor storage areas are proposed. I. Describe the existing and proposed landscaping for the site. The Fort St. Vrain Generating Station has existing landscaping at the main entrance to the facility on Weld County Road 19.5. Landscaping is not proposed for the Project. The Project is set back at least 10 feet from all public ROWs. The Project is directly adjacent to industrial uses and conforms with the character of the area. In addition, the Project will be located approximately 0.75 mile from the nearest residence. m. Describe the type of fence or other screening proposed for the site. Permanent fencing is proposed to surround the stockpile, laydown, parking, stormwater infiltration basin, and Units 7 and 8, as shown in the Site Plan (Attachment B). Permanent fencing around the perimeter of the Project area and TCA will remain on the subject parcel after construction is completed and TCAs have been returned to existing conditions. The eastern boundary of the existing fence on the subject parcel runs north/south through the middle of the Project area. The permanent fencing for the DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 36 Project will essentially move the existing fence to the east of the new CT Units 7 and 8, in the same manner that fence is currently located east of CT Units 5 and 6. The Project proposes to have the eastern boundary of the permanent fence run north/south in a similar manner to how the existing fence does currently, with the fence being located further to the east to enclose the entirety of the Project. n. Describe reclamation procedures to be employed as stages of the operation are phased out or upon cessation of the activity. Once construction has been completed, TCA will be restored in a manner generally similar to its condition prior to construction. Areas not needed for ongoing operations and maintenance will be reclaimed and/or reseeded as soon as practicable. o. Describe the proposed fire protection measures. The existing Fort St. Vrain Generating Station can support the fire water, potable water, and service water needs for the new CT Units 7 and 8. The underground fire water system for CT Units 5 and 6 will be tied to the new CT Units 7 and 8 in two locations (one tie per unit). A new fire loop with hydrants will be installed for the new CT Units 7 and 8. 2. Explain how this proposal is consistent with the Weld County Comprehensive Plan. The Project is compatible with the future development of the surrounding area and directly aligns with many of the County Comprehensive Plan goals provided in Chapter 22 of the Weld County Code. An analysis of how the Project is compatible with the County Comprehensive Plan is provided with Attachment K. 3. Explain how this proposal is consistent with the intent of the zone district in which it is located. The Project is located in unincorporated Weld County within the 1-3 (Heavy Industrial) Zone District. Weld County Code Section 23-3-330.A defines the intent "of the 1-3 Zone District is to provide a zone to accommodate industrial USES that require larger amounts of space, are more resource -intensive than light industrial, and have limited public access. Properties zoned 1-3 should be located near transportation infrastructure such as highways, railroads, or AIRPORTS". Twelve Use by Special Review applications have been approved for the site along with two 1041 applications, two Site Plan applications, and a Zoning Case. The Weld County Zoning Case Z-76 established the use of the subject parcel as a Generation Facility, and it has remained as one since. The intent of the zoning district for the subject parcel is to have a Generation Facility located on the subject parcel. The proposal is for the installation of two new CT Units 7 DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 37 and 8 at the Fort St. Vrain Generating Station, which will be used to continue to provide reliable and safe electricity in compliance with the 1-3 Zone District. Once in operation, the Project will not create adverse impacts to the existing agricultural uses resulting from uncontrolled and undirected business, industrial, or residential land uses. During construction, no impacts to natural resources or agricultural lands are anticipated. As part of the land rights process, Xcel Energy will identify easements or ROWs for other utilities, canals, or roads. The Project will not cause any undue interference with existing mineral extraction, easements, or ROWs during construction and operation. 4. Explain how this proposal will be compatible with future development of the surrounding area or adopted master plans of affected municipalities. The addition of the Project at the Fort St. Vrain Generating Station will not change the existing use and will remain compatible with the existing and future use of the surrounding area. The additional equipment at the Fort St. Vrain Generating Station will be located directly adjacent to the existing CT Units 5 and 6 on the subject parcel zoned 1-3 (Heavy Industrial), a use previously permitted for the Fort St. Vrain Generating Station. This co -location of these facilities will minimize additional land disturbance and impacts to the surrounding area. The Project will not materially alter the nature or scope of the existing Fort St. Vrain Generating Station. See also the response to Planning Question 3 of this 1041 Questionnaire. 5. Explain how this proposal complies with Article V and Article Xl of Chapter 23 if the proposal is located within any Overlay Zoning District (Airport, Geologic Hazard, or Historic Townsites Overlay Districts) or a Special Flood Hazard Area identified by maps officially adopted by the County. The Project is not located in any airport, geologic hazard, historic townsites overlay districts, or special flood hazard areas. 6. If the proposed use is to be located in the A (Agricultural) Zone District, explain your efforts to conserve prime agricultural land in the locational decision for the proposed use. The Project is not proposed in the A (Agricultural) Zone District. DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 38 7. Explain whether this proposal interferes with the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. The Project does not interfere with the protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. The Project improves the health, safety, and welfare of the inhabitants of the neighborhood and the County by providing additional safe and reliable power generation at the Fort St. Vrain Generating Station. Electricity generated from the Project is used by residents of Weld County and the continued provision of reliable and safe power is paramount to maintaining the high quality of life in Weld County. The Project layout mitigates and minimizes, to the furthest extent possible, the impacts to the health, safety, and welfare of the adjacent agricultural and residential properties. The Project will not affect wetlands or critical habitats in Weld County. Sensitive natural resource areas, including wetlands and critical habitats for wildlife, will not be impacted by the Project. DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 39 Environmental Health Questions 1. What is the drinking water source on the property? If utilizing a drinking water well include either the well permit or well permit application that was submitted to the State Division of Water Resources. If utilizing a public water tap include a letter from the Water District, a tap or meter number, or a copy of the water bill. Potable water for the existing site is supplied by Central Weld County Water District. A Will Serve Letter from the Central Weld County Water District is included with this application as Attachment Y. 2. What type of sewage disposal system is on the property? If utilizing an existing septic system provide the septic permit number. If there is no septic permit due to the age of the existing septic system, apply for a septic permit through the Department of Public Health and Environment prior to submitting this application. If a new septic system will be installed please state "a new septic system is proposed." Only propose portable toilets if the use is consistent with the Department of Public Health and Environment's portable toilet policy. Domestic wastewater is treated through a pre-package system that includes a pre - aeration unit before flowing to a lagoon with two aeration cells and then through a polishing pond. The outflow from the polishing pond can be chlorinated if needed. Effluent from the system is comingled with treated industrial process wastewater and discharged to either Saint Vrain Creek or South Platte River under the Fort St. Vrain facility Colorado Discharge Permit System (CDPS) Individual Industrial Major Permit (CO -0001121). Portable toilets will be utilized during construction and will be removed from the subject parcel once construction of CT Units 7 and 8 is completed. DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 40 3. A 5,000 gallon vault is utilized for the CT Units 3&4 chemistry lab restroom only. A variance for the installation was approved by Weld County on May 28, 2008, ISDS Permit No. SP -0800019. Aseptic system is in use at the visitor center on the west side of County Road 19.5 (ISDS Permit No. G-880162). If storage or warehousing is proposed, what type of items will be stored? No warehouse storage is proposed. The TCA will be used during construction to stage construction equipment and for materials storage. At the end of construction, all equipment will be removed from the TCA. 4. Describe where and how storage and/or stockpile of wastes, chemicals, and/or petroleum will occur on this site. For chemicals and waste storage, a Connex with double wall containment will be used to store materials until those materials can be tested, verified, and then removed for disposal. The Connex will be located in the TCA and will be removed the subject parcel after construction and post -construction activities are completed. The management, transportation, and disposal of waste generated by the Project will be in accordance with applicable local, state, and federal regulations. 5. If there will be fuel storage on site, indicate the gallons and the secondary containment. State the number of tanks and gallons per tank. Xcel Energy anticipates a 2,388 -gallon, double -walled, red -dye diesel tank will be stored on the subject parcel in support of the Project construction operations. A 500 -gallon gasoline fuel cube will be kept at the maintenance shop on the subject parcel. 5 -gallon gas cans for small tools and aerosols (spray paint) will be kept in flame cabinets away from the power block. The fuel storage discussed in this section will be removed from site once construction and post construction activities are completed. 6. If there will be washing of vehicles or equipment on site, indicate how the wash water will be contained. No vehicle wash facilities are proposed. DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 41 7. If there will be floor drains, indicate how the fluids will be contained. Drain hubs at grade are located throughout the existing Fort St. Vrain Generating Station. The drains gravity feed into a common underground header draining into an underground Oil -Water -Separator vessel tank. 8. Indicate if there will be any air emissions (e.g. painting, oil storage, etc.). The Project will include the installation of post combustion nitric oxide and NOx controls by means of SCR on the existing Fort St. Vrain CT Unit 2 Heat Recovery Steam Generator to meet currently permitted emission requirements. The addition to CT Unit 2 will not increase visible floor area, height, or massing of CT Unit 2, as the additions will be to existing equipment and will be located within those equipment enclosures. With the addition of CT Unit 7 and 8, which will not have post emission controls, the SCR installation on CT Unit 2 will allow for netting of the NOx emissions to allow the new CT Units 7 and 8 to operate with a higher capacity factor prior to reaching permit emission limits. For the new CT Units 7 and 8, exhaust gas is monitored using Continuous Emissions Monitoring to ensure that permit emission limits are maintained. 9. Provide a design and operations plan if applicable (e.g. composting, landfills, etc.). The Project is not a composting or landfill facility. 10. Provide a nuisance management plan if applicable (e.g. dairies, feedlots, etc.). The Project is not a dairy or feedlot. 11. Additional information may be requested depending on type of land use requested. The Weld County Environmental Health Department has not requested any additional information. DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 42 Engineering Questions 1. Include a traffic narrative with the information below. A traffic impact study may be required. Improvements to adjacent streets/roads may be necessary to provide adequate safe and efficient transportation to and from the site. An Improvements Agreement may be required. a. The projected number of vehicle trips (average per day, maximum per day, peak hour data) to and from the site and the type of vehicles (passenger, semi -truck, etc.). The approximate duration and estimated roundtrips per day per vehicle type for the construction of the Project are provided in Table 6. Table 5: Daily Vehicle Trips during Construction Major Construction Tasks Grading preparation Area and Use pproximate onstruction Duration (Weeks) 10 pproximate Daily Passenger rips 40 Car Approximate Daily Deliveries, Truck Vehicle 1 1 Trucks, -Approximate Total Daily Roundtrips 42 Delivery Semi trips Truck Semi by Type Truck Temporary 23 85 2 Delivery 3 Semi trucks 90 Foundation Installation Trucks Installation CT equipment Unit p ment and and set 8 52 225 4 delivery 6 Semi trucks trucks 235 a 7 Commissioning and close project out 41 85 2 Delivery 3 Semi trucks 90 Trucks DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 43 b. Describe how many roundtrips/day are expected for each vehicle type: Passenger Cars/Pickups, Tandem Trucks, Semi-Truck/Trailer/RV (Roundtrip = 1 trip in and 1 trip out of site) See response to Item 1 a. Xcel Energy anticipates that at peak Passenger Vehicle Round Trips will be 225 per day, Semi -trucks will be 10 per day, and on average 4 Concrete Truck deliveries per day. c. Describe the expected travel routes for site traffic. Access is from Weld County Road 19.5 via the main entrance to the Fort St. Vrain Generating Station and from the access road south of the main entrance. Construction traffic will utilize a temporary internal haul route that provides access to two temporary parking areas and temporary laydown area (see Attachment B). The temporary internal haul route connects to internal access drives within the Fort St. Vrain Generating Station, which connect to the access points on Weld County Road 19.5. Vehicles and trucks supporting construction of the Project will access the site via Weld County Road 19.5 and will follow the haul route detailed in Attachment S. The haul route to the site will utilize the existing access from the Fort St. Vrain Generating Facility on to Weld County Road 19.5. From the access point, the haul route will travel south on Weld County Road 19.5 to Weld County Road 34 where it will travel east .5 miles to Weld County Road 21 and then travel south to State Highway 66 where the route will then travel east along State Highway 66 to its intersection with US Highway 85 in Platteville, CO. The Project will not generate any additional traffic to the site after construction is complete. d. Describe the travel distribution along the routes (e.g. 50% of traffic will come from the north, 20% from the south, 30% from the east, etc.) See response to Item 1c. e. Describe the time of day that you expect the highest traffic volumes to and from the site. The highest traffic volumes will occur between 6 a.m. and 8 a.m. when personnel arrive to begin work. Deliveries will be mostly between 7:30 a.m. and 12 p.m. On days that concrete is being poured, traffic associated with concrete trucks will be between 2 p.m. and 6 p.m. End -of -day traffic is expected to peak between 4:30 p.m. and 6 p.m. DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 44 2. Describe where the access to the site is planned. Access is from Weld County Road 19.5 via the main entrance to the Fort St. Vrain Generating Station and from the access road south of the main entrance (see Attachment B). 3. Drainage Design: Design and construction of a detention pond as described in an approved Drainage Report is required unless the project falls under an exception to stormwater detention requirements per code. (See below.) Does your site qualify for an exception to stormwater detention? If so, describe in a drainage narrative the following: a. Which exception is being applied for? Include supporting documentation. The drainage variance requested is to install an infiltration basin instead of a detention basin, which is typically required by Weld County. Reasons for this request include but are not limited to existing conditions show that onsite water drains to an infiltration basin, review of surrounding topography reveals that installation of an outlet is not feasible, and geotechnical tests of infiltration rates onsite show a sufficient rate of infiltration to meet Weld County's drainage timing requirements. For additional information, please refer to the Stormwater Drainage Study included with this application (Attachment D). b. Does the water flow onto the property from an offsite source? If so, from where? The proposed improvements and laydown are generally located on a ridgeline. No additional water flows onto the Project from sources outside of the subject parcel. For additional information, please refer to the Stormwater Drainage Study included with this application (Attachment D). c. Describe where the water flows to as it leaves the property. Water captured in the Project will be infiltrated and thus does not leave the subject parcel. Water from the laydown area is naturally split by a ridgeline. Water west of the ridge will remain onsite to infiltrate. Water east of the ridge continues to drain east on the subject parcel owned by Xcel Energy until eventually flowing into the South Platte River. For additional information, please refer to the Stormwater Drainage Study included with this application (Attachment D). DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 45 d. Describe the direction of flow across the property. Water captured from the existing CT Units 5 and 6 is conveyed via culverts to a perimeter ditch that outlets into an existing infiltration basin. The remaining area covered by development of CT Units 7 and 8 and the laydown yard is split by a ridgeline. Stormwater on the west side of the ridgeline drains to a low point on the northwest corner of the area. Stormwater on the east side of the ridgeline drains generally northeast and ultimately flows into the South Platte River. All of the land draining eastward up to South Platte River is owned by Xcel Energy. For additional information, please refer to the Stormwater Drainage Study included with this application (Attachment D). e. Describe the location of any irrigation facilities adjacent to or near the property. No impacts to any irrigation ditch from construction or operation of the Project is anticipated. f. Describe any previous drainage problems with the property. Xcel Energy is not aware of any previous drainage problems with the subject parcel. 4. If your site does not qualify for an exception, the following applies: a. A Drainage Report summarizing the detention pond design with construction drawings and maintenance plan shall be completed by a Colorado Licensed Professional Engineer and adhere to the drainage related sections of the Weld County Code. The site does qualify for an exception. This section does not apply. b. The Drainage Report must include a certification of compliance, which can be found under the Development Review webpage on the Planning and Zoning website, stamped and signed by the PE. The site does qualify for an exception. This section does not apply. c. See the attached Drainage Report Review Checklist. The site does qualify for an exception. This section does not apply. DE 9818258.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 46 Building Questions 1. List the type, size (square footage), and number of existing and proposed structures. Show and label all existing and proposed structures on the USR drawing. Label the use of the building and the square footage. See the 1041 Permit map (Attachment B) for location existing equipment on site. 2. Explain how the existing structures will be used for this USR. The existing generating facilities and equipment will continue to be used as they are currently, with facilities and equipment on site continuing to support the Fort St. Vrain Generating Station. The new CT Units 7 and 8 and SCR will integrate into the existing facilities and equipment and will not change the use of the existing facilities and equipment. 3. List the proposed use(s) of each structure. Section 1.1.a of the 1041 Application describes the proposed natural gas fired CT Units 7 and 8 and Section 1.1.b of the 1041 Application describes the proposed SCR. 1.1.a and 1.1.b in the following pages. DE 9818258.1 Xcel Energy® FORT ST. VRAIN GENERATING STATION UNIT 7 AND 8 NEW GAS TURBINE PROJECT WELD COUNTY SITE SELECTION AND CONSTRUCTION OF MAJOR FACILITIES OF A PUBLIC UTILITY FEBRUARY 2025 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 Application Submittal Requirements (Sec. 21-3-330) i Re. uirement Location in this Permit A • • lication A. These utility, application except submittal for requirements requirements which have shall been apply waived to all as applications provided in for a development these Section 1041 permit Regulations. for a major facility of a public Not applicable B. Submittal requirements for all applications for a development permit for a major facility of a public utility, where applicable: Sec. 2 1 The a. b. c. d. following The Because effective The of Date the name name, applicant. of preparation, are all presentation of the maps address general proposed and requirements and revision plans and telephone should development box, may be accurately written for number any used or for scale, map use illustrate of or and public the graphic plan applicant, total presentation, required the number application. scale designer, and hereunder. of the acres north map engineer, arrow under scale Minimum for consideration. and surveyor each requirements size map. should and any be other include: large consultants enough for Sec. Attachment 2.2.h, Sec. 2.2.i, B 2. The alignment a. b. c. d. twenty the transmission information. to applicant The or either The such The disturbed but exceptions of The disturbed be Assessor. such The before days pipeline which constructed ensure application including names planned names names County access, information, before or side (1,320) the corridor applicant the must or or In date projects, of or and and crossed those and crossed lines, The will the the access including addition, accuracy feet other provide for that under addresses addresses addresses more require public centerline when County such has at of for holding encumbrances, the to by by than least the the actual the hearing consideration which the copies access. the the such of that application boundaries will following ten applicant such of of project of mortgages, of to the activity activity information require all the the persons knowledge. (10) the of mineral information last on surface any extent names proposed the site or or feet shall is information at that search at of access interest submitted, application. and or development judgments, least development the the below shown the property and provide entities was the for time property alignment to information but or addresses the holders the compiled means right-of-way in shall such concerning of with surface, the a and owners liens, extent the certificate proposed which which not information that shall the an with records application and of interest easements, shown be require of is is such applicant an excluding title all the compiled the be agreements the the stating to surface interest of provided. the information of project in subject in subject the steps have for be the the intends any foundation use transmission physically contract County the and property records in which been project site real of which of any of process verified the the title and to updated be property real Clerk were site, use application, rights, of application insurance updated disturbed, owners have structures within the to property and by taken in which line a obtain been proposed rights County which no manner one for Recorder later and to again shall except in for or thousand five entered excluding -of proposed the ensure pipeline a the attorney's -way, Clerk than legal above reasonably no be hundred to applicant case and later the for be the ten right into reservations, and to -ground projects: three transmission physically mineral County (10) than entire of accuracy title (500) by Recorder be to projects compiled the physically designed opinions. days ten hundred utilize proposed interests feet date (10) of line or to on the of Sec. 6.6, Attachment Sec. 1.1.d, 6.8, Sec. Sec. G, Attachment 2.2.1., 6.9, Sec. H 3. Section a. b. The The 1041 map dimensions Permit shall be Map: of delineated the map shall on reproducible be thirty-six material (36) inches approved wide by by the twenty-four Department (24) of inches Planning high. Services. Sec. 2.1, Attachment B Attachment A, Attachment D DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 Requirement c. The map shall include certificates for the property owner's signature (excepting linear facilities), the Planning Commission, the Board of County Commissioners and the Clerk to the Board. The required content of the certificates is available from the Department of Planning Services. d. Vicinity Map. A vicinity map shall be drawn on the Use by Special Review Permit Plan Map. i. The exact scale of the vicinity map shall be determined at the time of the preapplication conference, taking into consideration the type and size of the proposed project, as well as the type and complexity of the information to be mapped. ii. The vicinity map shall delineate all of the required information within a one -half -mile radius of the property (one thousand [1,000] feet for linear facilities) proposed for the Section 1041 Permit. iii. The following information shall be shown on the vicinity map: a. Section, township and range. b. Scale and north arrow. c. Outline of the perimeter of the parcel proposed for the site. (For linear facilities, the proposed centerline and width of any corridor to be considered for the Section 1041 Permit.) d. The general classifications and distribution of soils over the parcel under consideration. Soil classification names and agricultural capability classifications must be noted in the legend. (These requirements are generally not applicable to linear facilities). e. Locations and names of all key roads, irrigation ditches and water features. f. Location of all residences within a one -half -mile radius, existing and proposed accesses to the property proposed for the facility (excepting linear facilities), any abutting subdivision outlines and names, and the boundaries of any adjacent municipality. g. Any other relevant information within a one -half -mile distance of the perimeter property proposed for the facility as may be reasonably required by the County to meet the intent and purpose of this Chapter. Location in this Permit Application ii 4 Plot Plan. A plot plan of the facility area shall be drawn on the Section 1041 Permit Map. a. The exact scale of the plot plan shall be determined at the time of the preapplication conference, taking into consideration the type and size of the proposed project, as well as the type and complexity of the information to be mapped. b. The plot plan shall outline the boundaries of the parcel being considered for the facility. c. The plot plan shall include the location and identification of all of the following items which are presently existing within a two -hundred -foot radius of the boundaries of the Section 1041 Permit area as well as within the area itself; it shall also include the proposed features and structures of the facility (some of the following may not be applicable to linear facilities): i. All public rights -of -way of record, including names. ii. All existing and proposed structures. iii. All utility easements or rights -of -way for telephone, gas, electric, water and sewer lines. iv. Irrigation ditches. v. Adjacent property lines and respective owners' names (may be shown on vicinity map instead). vi. All hydrographic features including streams, rivers, ponds and reservoirs (including names). vii. Topography at two -foot contour intervals or at intervals as determined necessary by the Planning Department. (Linear facilities shall include appropriate topographic data derived from USGS maps or an equivalent database.) Attachment B DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 iii Requirement Location in this Permit Application viii. ix x xi. xii. xiii Location Service structures Location Complete Location, facilities Location Such Planning the provision requirements additional of or and shall of areas by proposed traffic amount, any Commission or ordinance a design provide soil flood information of circulation size of moderate survey for of this information hazard, or in storm and the the Chapter effect. and parcel. and type as Board or water geologic study parking may severe of and regarding management any be of prepared the hazard reasonably County plan proposed soil policies limitations showing revegetation by or Commissioners landscaping, a devices mineral of soils required Chapter locations as resource defined engineer or and by structures reclamation.) 22 the in and fencing, of order by this or sizes areas. Department the scientist (excepting walls, to Code Natural (excepting determine and for berms of Resources any the Planning linear that uses linear or other other the facilities). and facilities). Services, applicable Conservation application screening. associated the Code (Linear meets 5. The a. following Description items of and the information: present use and zoning. Sec. 2.2.a b. A sketch i. If a or map power showing plant is proposed, the following: the area within ten (10) miles from the site. Sec. 2.2.b, Attachment E ii. For transmission a distance of two lines or (2) miles pipelines, beyond any provide a map reasonable showing alternative all existing studied. transmission lines (115 kV or greater) for Not applicable c. lines For upgrades and pipelines of existing within transmission one (1) mile lines (115 on either side kV or greater), of the proposed provide alignment. a sketch showing all existing transmission Not applicable d. For another all other major major facility facilities is proposed. of a public utility, provide a sketch showing the area within five (5) miles of the site if Not applicable e. i. ii. iii. iv. ix. Type v. vi. vii. viii. The Power The For The Corridor Service Resource transported). Describe of facility voltages functions pipeline capacities source area. locations. applicable - specify area and and and projects, of (e.g., lengths the where generating sizes support the storage source of applicable: of diameters transmission substations. of facilities capacity. tanks power and and being (e.g., lines. lengths types generated pollution of of petroleum pipelines. control, or transmitted, derivative parking areas, to be source landscaping, stored. of petroleum derivative etc.) to be being provided. Sec. Supplemental 2.2.e, Attachment Question C 1 — f. i. ii. iii. iv. Projected larger Estimate operation Specify Specify Estimate development programs maximum any timetable beginning and future maintenance and for phases schedule: number and plans. planning completion or phases of employees, extensions (e.g., of federal of the of construction project. number the permits, facility of and other shifts and beginning relationship state and employees permits, of operation of the local per facility zoning, of shift (if facility. during currently etc.). the construction, foreseen) to Sec. Supplemental 2.2.f, Attachment Question C 2 — g. Hazards and emergency procedures: Sec. Supplemental 2.2.g, Attachment Question C - 3 DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 iv Requirement i. ii. iii. iv. Describe the Describe taking Describe the Describe measures general public place hazards, hazards, emergency any health, to public. at be prevalent the taken if if safety proposed any, any, procedures to of of and natural reduce fire, environmental facility. welfare. hazards explosion danger to be used that due and damage in will to other the such affect and event natural dangers or contamination of be fire, affected hazards. to the explosion health, due by to or development, safety other materials and event welfare and used which describe at of may employees or activities endanger mitigating and Location Application in this Permit h. Name, address and telephone number of the applicants. Sec. 2.2.h i. Name and address of the fee owners of the property proposed for the Section 1041 Permit, if different from above. Sec. 2.2.i j. Legal description of the property under consideration. Sec. 2.2.j, Attachment H k. Total acreage of the parcel, right-of-way or corridor under consideration. Sec. 2.2.k I. Existing land use of the parcel, right-of-way or corridor under consideration. Sec. Planning 2.2.1, Attachment Question 1.b C — m. Existing land uses of all properties adjacent to said parcel, right-of-way or corridor. Sec. Attachment 2.2.m, Attachment C 1.b B, — n. Present zone and overlay zones, if appropriate. Sec. 2.2.n o. Signatures of the applicant and fee owners or their authorized legal agent. Sec. 2.2.o, Attachment I 6. Summarization construction of of the major facility natural as proposed. and socioeconomic environmental constraints as they affect the site selection and Sec. Supplemental and 15 2.3, Attachment Questions C - 4 7. Summarization environment upon agricultural of of the productivity the impact effects of area and the as applicable agricultural proposed site to resources selection submission and and requirements. upon construction vested water Included upon rights. the should natural be and socioeconomic an analysis of impacts Sec. Supplemental and 15 2.4, Attachment Questions C - 4 8. Analysis development of the of long-term effects the impact of area. the proposed site selection and construction upon the physical and socioeconomic Sec. Supplemental 2.5, Attachment Question C - 6 9. A description proposed site of selection a program and to minimize construction. and mitigate adverse impacts and to maximize the positive impacts of the Sec. Supplemental 2.6, Attachment Question C - 15 10. Analysis (different of scheduling, nonstructural conservation alternatives programs, to the project facility such design, as conservation land trades, of etc.), energy if use, applicable. no development or management Sec. Supplemental 2.7, Attachment Question C — 8 11. Analysis facilities, of use reasonable of existing structural rights -of alternatives -way, joint use to the of rights project -of such -way as with alternate other utilities locations and upgrading and routes, of alternative existing types facilities. of Sec. Supplemental 2.8, Attachment Question C — 9 12. Analysis of air and water pollution impacts and control alternatives. Sec. Supplemental 15.c.i, 2.9, Attachment and 15.d.i Questions C - 10, 13. Analysis of design alternatives concerning access, landscaping, architectural controls and so forth. Sec. Supplemental 2.10, Attachment Question C - 11 14. Submission area of of providing a proposed new form or upgraded of development services and agreement facilities necessary to meet costs to serve of affected the proposed political project. subdivisions in the project Sec. 2.11 15. Analysis of hydrologic, atmospheric, geologic, pedologic, biotic, visual and noise impacts. Sec. Supplemental and 15 2.12, Attachment Questions C - 10 DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 V Requirement Location Ap • lication Sec. 2.13, in Attachment this Permit D 16. Surface and subsurface drainage analysis. 17. A condition Decommissioning of approval Plan. of the Adequate Decommissioning financial assurance Plan. to cover the decommissioning of the facility may be required as a Sec. 2.14, Attachment J 18. information Any preapplication reasonable other information conference. during continuances the required public if This the by limitation hearing applicant the Board on the shall so or application, requests. the not Planning preclude in order the Department Board to provide from and requesting which communicated the applicant the applicant to the shall applicant to be provide granted at the additional Sec. 2.15 C. information Specific Department, make required social impacts an submittal informed only is in if warranted the on such requirements. decision the proposed Department's County by the on the project residents size These sole application. and is of additional discretion, or scope such lands. It of is size the requirements if the and the proposed intention Planning scope that shall project of Department these it is be imposed in order Regulations reasonably determines for on the likely the that Board applicant to that the have the of following County significant by need the information for Commissioners Planning the environmental additional shall to be or 1. Detailed description of the need for the proposed development or activity, including but not limited to: Sec. 3.1, Attachment C a. The full capacity. present population of the area to be served and the total population to be served when the project is operating at Sec. Supplemental i 3.1.a, Attachment Question C — 15.a. b. The predominant type of users or communities to be served by the proposal. Sec. Supplemental 15.a.ii 3.1.b, Attachment Question C — c. The percentage of the design capacity at which the current system is now operating. Sec. Supplemental 15.a.iv 3.1.c, and Attachment 15.a.v Question C — d. The relationship of the proposal to the applicant's long-range planning and capital improvements programs. Sec. Supplemental 15.a.iv 3.1.d, Attachment Question C — e. A description of why public convenience and necessity require a facility of the size and nature proposed. Sec. Supplemental 15.a.v 3.1.e, Attachment Question C — f. A description of the user needs and user patterns to be fulfilled by the proposed project. Sec. Supplemental 15.a.v 3.1.f, Attachment Question C — g. A description communication special district of expansion the relationship or energy generation programs. of the and project transmission to other existing facilities, and local planned utility government facilities capital of improvement a similar nature, programs other and Sec. Supplemental 15.a.vii 3.1.g, Attachment Question C — 2. Environmental Impact Analysis Sec. 3.2 a. Land use: Sec. 3.2.a i. Describe plans the adopted relationship or under of preparation the project by to federal, local land state, use, regional policies and or other comprehensive affected local governmental plans and to policies agencies. and Sec. Supplemental 3.2.a.1, Attachment Question C — 15.b.i DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 vi Requirement Location Ap Sec. Supplemental 15.b.ii • lication in 3.2.a.2, this Attachment Permit Question C ii. Detail the agricultural productivity capability of the land affected by the proposal (SCS classification). — iii. Specify distribution how or the collector proposed networks. development will utilize existing easements or rights -of -way for any associated Not applicable b. Information regarding other utility facilities. Sec. 3.1.b i. A map development. showing each existing major facility of a public utility within the County of the type proposed for Sec. 3.1.b.1, Attachment F c. Water resources: Sec. 3.2.c i. On the Documentation the associated map of the floodplain. of the base area, historical or flooding another appropriate activity should map, be indicate included. any Detail flood potential, plain associated adverse impacts with the related proposal. to Sec. and Supplemental Attachment 3.2.c.1, Attachment C Question 15.c.i L ii. Describe the resources in question. potential adverse effects of the proposal upon plant and animal life dependent upon the water Sec. Supplemental 15.c.ii 3.2.c.2, Attachment Question C — d. Significant environmentally sensitive factors: Sec. 3.2.d i. Identify proposed feature: and development locate on a map or activity of appropriate and its scale vicinity, the and juxtaposition detail the potential of any of impact the following of the features proposal upon present each in the Sec. and Supplemental 15.d.i Attachment 3.2.d.1, through Attachment 15.d.vii C - Questions M a) Marshlands and wetlands. Sec. Supplemental 3.2.d.1, Attachment Question C - 15.d.i b) Groundwater recharge areas, if applicable. Sec. Supplemental 15.d.ii 3.2.d.1, Attachment Question C - c) Potential natural hazards. Sec. Supplemental 15.d.iii 3.2.d.1, Attachment Question C - d) Forests and woodlands. Sec. Supplemental 15.d.iv 3.2.d.1, Attachment Question C - e) Critical wildlife habitat. Sec. Supplemental 15.d.v 3.2.d.1, Attachment Question C - f) Public outdoor recreation areas. Sec. Supplemental 15.d.vi 3.2.d.1, Attachment Question C - g) Unique areas of geologic, historic or archeological importance. Sec. Supplemental 15.d.vii 3.2.d.1, Attachment Question C - e. Visual aesthetics and nuisance factors: Sec. 3.2.e DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 vii Requirement Location Ap • lication Sec. and Attachment Supplemental 3.2.e.1, in this Attachment Permit C - Question 15.e.i N i. Identify appearance key locations of the where facility, the and identify facility can be noise viewed pollution or from and its obnoxious proximity odors to which residences, may stem simulate from the the proposal. ii. Where significant, map or describe area within view of project. Sec. and Supplemental 15.e.ii Attachment 3.2.e.2 , Attachment Question C - N iii. Describe proposed mitigation strategy. Sec. Supplemental 15.e.iii 3.2.e.3, Attachment Question C - f. Transportation impacts: Sec. 3.2.f i. Describe affected what by the impacts proposal. the proposal will have upon transportation patterns in the area intended to be served or Sec. Supplemental 3.2.f.1, Attachment Question C - 15.f.i ii. Describe the potential impact on roads within the County. Sec. Supplemental 3.2.f.2, Attachment Question C - 15.f.ii iii. Identify improvements required to any roads within the County in order to serve the project adequately. Sec. 3.2.f.3, Attachment Y g. Less damaging alternatives: Sec. 3.2.g i. If significant alternatives, information the Planning environmental on the Department such Planning alternatives damage Department determines or as part that warrants may of the the request examination application. nature that or extent the of Board specific, of the require proposal less the environmentally applicant involves the evaluate damaging potential and for present Sec. and Supplemental Attachment 3.2.g.1, Attachment C - Question 9 B ii. Required environmental information impacts on alternatives and cost-effectiveness may include, of the but alternatives shall not necessarily in relationship be limited to the to, information proposal presented. on the Sec. and Supplemental Attachment 3.2.g.2, Attachment C - Question 9 B 3. Applicants following seeking additional a documents permit for the and site information: selection and construction of transmission lines or substations shall submit the Not applicable. a. Computer portion of modeled transmission electromagnetic line between field substations measurements or transition within sites; the proposed and transmission line easement for that Not applicable. b. Measures operation Commission's taken of transmission Rule to comply 18(I), with lines, or similar the which concept authority, may of be those for prudent projects steps avoidance where taken to other with comply respect similar with to authority the planning, Colorado is applicable. siting, Public construction Utilities and Not applicable. D. these Waiver of Section submittal 1041 requirements. Regulations. Specific submittal requirements may be waived by the Planning Department, as provided in Sec. 4 DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 1041 Use by Special Review (USR) Procedural Guide Major Facility of a Public Utility Application Submittal Requirements Checklist viii 1041 Requirement Requirements Use by Special Checklist Review (USR) Procedural Guide Major Facility of a Public Utility Application Submittal Location in this Permit Application A copy of the pre -application meeting minutes provided by Planning Services. Sec. 6.1, Attachment Q Application form. Sec. 6.2, Attachment I Authorization form, if applicable. Sec. 6.3, Attachment Incorporation documents if the owner is a business entity (LLC, etc.), or trust documents. Sec. 6.4, Attachment R Completed Questionnaire. Sec. 6.5, Attachment C A of surface (excluding development an County such certified the ownership list owners property Clerk was list mineral which and assembled of of update names, property owners interests) Recorder. is the from addresses for (the subject within 500 a in title If surface the feet any 30 or of list days real abstract and the estate) on was the either property application. of assembled the corresponding within side company application proposed of 1,320 The the source or attorney, from feet centerline submission Parcel to the of be records of Identification the physically of such derived property, date. the list of from the proposed disturbed shall County Number(s) except such be alignment, the for or records Assessor, assigned transmission crossed records or and of from the by the the by to the applicant the line interest County activity records projects, County shall holders or Assessor, of certify Assessor for the which or that Sec. 6.6, Attachment G The property, names and if applicable. addresses of any owner, operator, or user of any irrigation ditch, lateral, or pipeline that traverses the Sec. 6.7, Attachment AA A stipulate or the copy shall subject of provide an that property. agreement the oil written with and gas evidence the activities that mineral on an adequate owners the subject associated attempt property with has have the been subject been made adequately to property, mitigate incorporated the if applicable. concerns into Such of the the agreement design mineral of owners the shall site on Sec. 6.8, Attachment AA A copy subject land of the most held recent by the applicant, deed to the such property as a and, if lease agreement, the applicant trust is not documents, the property Statement owner, of evidence Authority, of or interest similar in the evidence. Sec. 6.9, Attachment A Certificate Insurance of or Abstract Conveyances (Chain Company. The of date Title) of form certification provided of by the the form Department must be of within Planning Services 30 days of the and date completed of application. by a Title Not applicable. A application signed Statement materials. of Taxes from the County Treasurer showing no delinquent property taxes for the area referred to in the Sec. 6.11, Attachment T A copy of a document showing evidence of adequate water supplyje.g., well permit or letter from water district). Sec. 6.12, Attachment Y A copy (OWTS) of a (septic)) document permit). showing evidence of adequate methods of sewage disposal (e.g., onsite wastewater treatment system Sec. 6.13, Attachment Z (IGA) A signed boundary Notice of or Inquiry a Coordinated from a municipality Planning Agreement or municipalities (CPA) if boundary, the site if is located applicable. within an Intergovernment Agreement Sec.6.14, Initiate Weld County to A drainage report, preliminary drainage study, or drainage narrative, as determined by Public Works. Sec.6.15, Attachment Engineering Attachment C — Question D, 3 A traffic study or traffic narrative including a traffic control plan, as determined by Public Works. Sec.6.16, Engineering Attachment Question C 1 — DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 ix Requirement Location Application Not Applicable in this Permit A sign Article plan IV, detailing Division 2 type, and Appendices size and number 23-C of through desired signs E, if applicable. with images following the standards set forth in Chapter 23, A nuisance abatement plan, if applicable. Sec. 6.18, Attachment O A landscape and screening plan, if applicable. Not applicable A decommissioning required as a condition plan, of if approval. applicable. Adequate financial assurance to cover the decommissioning of the facility may be Sec. 6.20, Attachment J A draft emergency incident action plan, if applicable. Sec.6.21 Attachment U A standard, noise study if applicable. including a noise abatement plan documenting the methods to be utilized to meet the applicable noise Sec. 6.22, Attachment O A instances applicant soil report when shall of the detail the site soil the prepared report methods by indicates to the be Natural the employed existence Resource of to mitigate moderate Conservation the or limitations. severe Service soil or by limitations a soils engineer for the or uses scientist. proposed, In the those Sec. 6.23, Attachment V Community meeting sign -in sheet, minutes, and summary (qptional). Not applicable The Fees circumstance, application are set by waive, fee the ($10,000). Board reduce, of County or Note: amend Fees Commissioners. the are non-refundable fees set forth County in and Staff the Weld due is not County when authorized the Planning application to negotiate Fee is Schedule. determined fees and cannot, to be complete. under any Application when determined application fee to will be be complete paid Investigation fee, due only if this is a violation case. (50% of the application fee.) Not applicable The access, application planned including for access such copies to the access. of project any site and the access or right-of-way means the applicant agreements intends which to use to obtain have been entered a legal into by right the to date utilize of the such Sec.1.1.d, The crossed holding encumbrances, knowledge. names by mortgages, and addresses the activity at least judgments, or development to the of persons extent liens, easements, shown or which entities in is the the with contract records subject an interest rights, of of the the in application, rights County any real -of -way, Clerk property excluding and reservations, Recorder proposed mineral exceptions or to interests of be which physically but or applicant other disturbed including those has actual or Sec.6.28 least information information information The disturbed constructed shall compiled not names require to provide the or and the and crossed more extent a the be have be certificate compiled use updated addresses been than shown steps of by title 10 updated the which again in and of activity feet the stating insurance verified no mineral below records the were no later or taken later the process in or interest development than a attorney's of than surface, the to manner 10 by ensure 10 holders County days days which excluding reasonably title which the before opinions. before with Clerk the accuracy is an applicant the the foundation and interest designed the public subject The Recorder of date compiled the County in that hearing of structures information. to any the and ensure the real will on application such application County require the property the for information, above The accuracy application. Assessor. that in County is proposed -ground the the submitted, of last case when In will such to transmission addition, search of such require information, be and projects physically that information that for the to such such lines, applicant the be but at was shall Sec. 6.8, Attachment Z 1041 electronic USR (.pdf) map. format. The applicant Upon shall approval, submit the the applicant draft map shall for submit preliminary approval a 24" x 36" map to on the Mylar. Department of Planning Services in Attachment B A sketch i. If a or map power showing plant is proposed, the following: the area within 10 miles from the site. Attachment E ii. For beyond transmission lines, any reasonable provide alternative a map studied. showing all existing transmission lines (115 kV or greater) for a distance of 2 miles Not applicable DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 x Requirement iii. For and upgrades pipelines of within existing 1 mile transmission on either lines side (115 of the proposed kV or greater), alignment. provide a sketch showing all existing transmission lines Location in Application this Permit Not applicable iv. For all other major facilities of a public utility, provide a sketch showing the area within 5 miles of the site. Not applicable v. Indicate any floodplains, if required. Attachment L A map required. showing each existing major facility of a public utility within the County of the type proposed for development, if Attachment F i. If required, proposed identify development Marshlands and and wetlands. locate or activity on a map and its of vicinity, appropriate and scale detail the the juxtaposition potential impact of any of the of the proposal following upon features each feature: present in the Attachment C, 15.d.i Supplemental M; Attachment Question ii. Groundwater recharge areas, if applicable. Attachment Supplemental 15.d.ii C, Question iii. Potential natural hazards. Attachment Supplemental 15.d.iii C, Question iv. Forests and woodlands. Attachment C, 15.d.iv Supplemental P; Attachment Question v. Critical wildlife habitat. Attachment Supplemental 15.d.v C, Question vi. Public outdoor recreation areas. Attachment Supplemental 15.d.vi C, Question vii. Unique areas of geologic, historic or archeological importance. Attachment C, 15.d.vii Supplemental V; Attachment Question DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 Use by Special Review Questionnaire ("1041 Questionnaire") xi Requirement Supplemental Questions for 1041 Major Facilities of Public Utilities Location Application in this Permit 1 Describe a. The the voltages type of and facility. lengths Specify of transmission where applicable: lines. Attachment Supplemental 1.a C, Question b. Power source and generating capacity. Attachment Supplemental 1.b C, Question c. The functions and sizes of substations. Attachment Supplemental 1.c C, Question d. The capacities of storage tanks and types of petroleum derivative to be stored. Attachment Supplemental 1.d C, Question e. Corridor locations. Attachment Supplemental 1.e C, Question f. Service area. Attachment Supplemental 1.f C, Question g. Resource area (e.g., source of power being generated or transmitted). Attachment Supplemental 1.g C, Question h. Applicable support facilities (e.g., pollution control, parking areas, landscaping, etc.) to be provided. Attachment Supplemental 1.h C, Question 2. Describe a. Estimated the projected maximum development number schedule. of employees, Specify where number of applicable: shifts and employees per shift during the construction Attachment Supplemental 2a C, Question b. Any plans. future phases or extensions of the facility and relationship of the facility (if currently foreseen) to larger programs and Attachment Supplemental 2b C, Question c. Timetable for planning (e.g., federal permits, other state permits, local zoning, etc.). Attachment Supplemental 2c C, Question d. Estimated beginning and completion of construction and beginning of operation of facility. Attachment Supplemental 2d C, Question 3. Describe a. Hazards, public. hazards and emergency if any, of fire, explosion procedures. and other Specify where dangers to the applicable: health, safety and welfare of employees and the general Attachment Supplemental 3a C, Question DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 xii Requirement b. Hazards, proposed if facility. any, of environmental damage and contamination due to materials used at or activities taking place at the Location Application Attachment Supplemental 3b in this C, Permit Question c. Emergency safety and welfare. procedures to be used in the event of fire, explosion or other event which may endanger the public health, Attachment Supplemental 3c C, Question d. Any taken prevalent to reduce natural danger hazards due to that such will natural affect or be affected hazards. by development, and describe mitigating measures to be Attachment Supplemental 3d C, Question 4. Summarize the facility major as proposed natural and socioeconomic environmental constraints as they affect the site selection and construction of Attachment Supplemental C, Question 4 5. Summarize impact productivity area the effects as applicable and agricultural of the to submission resources proposed site requirements. and upon selection vested and Included water construction should rights. upon be an the natural analysis and of impacts socioeconomic upon environment agricultural of the Attachment Supplemental C, Question 5 6. Include development analysis of the of the impact long-term area. effects of the proposed site selection and construction upon the physical and socioeconomic Attachment Supplemental C, Question 6 7. Include proposed a description site selection of a and program to construction. minimize and mitigate adverse impacts and to maximize the positive impacts of the Attachment Supplemental C, Question 7 8. Include management analysis of (different nonstructural scheduling, alternatives conservation to the programs, project such facility as conservation design, land of trades, energy etc.), use, if applicable. no development or Attachment Supplemental C, Question 8 9. Include facilities, analysis use of of existing reasonable rights structural -of -way, joint alternatives to use of rights the -of -way project with such other as alternate utilities, locations and upgrading and of routes, alternative existing facilities. types of Attachment Supplemental C, Question 9 10. Include analysis of air and water pollution impacts and control alternatives. Attachment Supplemental C, Question 10 11. Include analysis of design alternatives concerning access, landscaping, architectural controls, and so forth. Attachment Supplemental C, Question 11 12. Include analysis of hydrologic, atmospheric, geologic, pedologic, biotic, visual and noise impacts. Attachment Supplemental C, Question 12 13. Include surface and subsurface drainage analysis. Attachment Supplemental Question Attachment 13; C, D 14. Applicants following a b. Computer of Measures operation Commission's transmission additional seeking modeled taken of transmission a Rule documents line to permit electromagnetic between comply 18(I), for lines, the or and with similar site information: substations the which selection concept field authority, may measurements or be and transition of those for prudent construction projects steps sites; avoidance within taken where of and the transmission with to other proposed comply respect similar with lines transmission to authority the planning, or substations Colorado is applicable. line siting, easement Public shall construction Utilities submit for that the and portion Attachment Supplemental Question 14.a C, Attachment Supplemental Question14.b C, 15. Specific a. Detailed submittal description requirements. of the need The following for the information proposed development may also be required: or activity, including but not limited to: Attachment Supplemental Question C, 15.a. i DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 Requirement i. The full capacity. present population of the area to be served and the total population to be served when the project is operating at Location in Application this Permit ii. The predominant type of users or communities to be served by the proposal. Attachment Supplemental Question15.a.ii C, iii. The percentage of the design capacity at which the current system is now operating. Attachment Supplemental Question15.a.iii C, iv. The relationship of the proposal to the applicant's long-range planning and capital improvements programs. Attachment Supplemental Question15.a.iv C, v. A description of why public convenience and necessity require a facility of the size and nature proposed. Attachment Supplemental Question15.a.v C, vi. A description of the user needs and user patterns to be fulfilled by the proposed project. Attachment Supplemental Question 15.a.vi C, vii. A description communication and special of district the or relationship energy expansion generation of programs. the and project to other transmission existing facilities, and local planned utility government, facilities capital of improvement a similar nature, other programs Attachment Supplemental Question15.a.vii C, b. i. Environmental Describe adopted or impact the under relationship analysis preparation of — the land by use. project federal, to state, local land use, regional or policies other and affected comprehensive local governmental plans and to agencies. policies and plans Attachment Supplemental Question15.b.i C, ii. Detail the agricultural productivity capability of the land affected by the proposal (SCS classification). Attachment Supplemental Question15.b.ii C, iii. Specify or collector how the networks. proposed development will utilize existing easements or rights -of -way for any associated distribution Attachment Supplemental Question15.b.iii C, c. i. Environmental Documentation associated impact floodplain. of analysis the historical — water flooding resources. activity should be included. Detail potential, adverse impacts related to the Attachment Supplemental Question15.c.i C, ii. Describe resources the in question. potential adverse effects of the proposal upon plant and animal life dependent upon the water Attachment Supplemental Question15.c.ii C, d. i. Environmental upon Marshlands each feature: impact and analysis wetlands. significant environmentally sensitive factors. Detail the potential impact of the proposal Attachment Supplemental Question15.d.i C, — ii. Groundwater recharge areas, if applicable. Attachment Supplemental Question15.d. C, ii DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 xiv Requirement iii. Potential natural hazards. Location Application Attachment Supplemental Question15.d.iii in this C, Permit iv. Forests and woodlands. Attachment Supplemental Question15.d.iv C, v. Critical wildlife habitat. Attachment Supplemental Question15.d.iv C, vi. Public outdoor recreation areas. Attachment Supplemental Question 15.d.vi C, vii. Unique areas of geologic, historic or archeological importance. Attachment Supplemental Question 15.d.vii C, e. Environmental impact analysis — Visual aesthetics and nuisance factors. Attachment Supplemental Question15.e.i C, i. Identify of the facility, key locations where and identify the noise facility pollution can be viewed or obnoxious from and odors which its proximity may stem to residences, from the proposal. simulate the appearance Attachment Supplemental Question 15.e.ii C, ii. Where significant, map or describe areas within view of project. Attachment Supplemental Question15.e.ii C, iii. Describe proposed mitigation strategy. Attachment Supplemental Question15.e.iii C, f. Environmental impact analysis — Transportation impacts. Attachment Supplemental Question 15.f. C, i i Describe affected what by the impacts proposal. the proposal will have upon transportation patterns in the area intended to be served or Attachment Supplemental Question 15.f. C, i ii. Describe the potential impact on roads within the County. Attachment Supplemental Question15.f.ii C, iii. Identify improvements required to any roads within the County in order to serve the project adequately. Attachment Supplemental Question15.f.iii C, 1 g less Environmental extent environmentally of the proposal impact analysis involves damaging less potential damaging for significant the alternatives. Planning environmental Department If the Planning may damage request Department or warrants that determines the examination Board require that the of the nature specific, applicant or Attachment Supplemental Question15.g C, — the alternatives, DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 xv Requirement evaluate include, alternatives and but shall in present relationship not information necessarily to the on be limited proposal such alternatives presented. to, information as part on the of the application. environmental impacts Required information and cost-effectiveness on alternatives of the may Location in Application this Permit Planning Questions 1 Explain, in detail, the proposed use of the property. Include, at a minimum, the following: Attachment Question 1 C, Planning a. Current or previous use of the land, if any. Attachment Question 1.a C, Planning b. Describe the uses surrounding the site and explain how the proposed use is compatible with them. Attachment Question 1.b C, Planning c. Describe the proximity of the proposed use to residential structures. Attachment Question C, 1.c Planning d. Describe the hours and days of operation (e.g. Monday thru Friday 8:00 a.m. to 5:00 p.m.). Attachment Question C, 1.d Planning e. List the types, number, and uses of the proposed structures to be erected. Attachment Question 1.e C, Planning f. Describe the size of stockpile, storage or waste areas to be utilized, if any. Attachment Question 1.f C, Planning g. Describe the proposed method use. and time schedule of removal or disposal of debris, junk and other wastes associated with the Attachment Question 1.g C, Planning h. Include a time table showing the periods of time required for the construction of the operation. Attachment Question 1.h C, Planning i. Describe the grass, buildings). type of lot surface proposed and the square footage of each type (e.g. asphalt, gravel, landscaping, dirt, Attachment Question 1.i C, Planning j. How many parking spaces are proposed? How many handicapped (ADA) parking spaces are proposed? Attachment Question 1.j C, Planning k. Describe the proposed screening for all parking and outdoor storage areas. Attachment Question 1.k C, Planning I. Describe the existing and proposed landscaping for the site. Attachment Question 1.1 C, Planning m. Describe the type of fence or other screening proposed for the site. Attachment Question 1.m C, Planning n. Describe activity. reclamation procedures to be employed as stages of the operation are phased out or upon cessation of the Attachment Question 1.n C, Planning o. Describe the proposed fire protection measures. Attachment Question 1.o C, Planning 2. Explain how this proposal is consistent with the Weld County Comprehensive Plan. Attachment Question Attachment 2 and C, K Planning 1 3. Explain at the beginning how this proposal of each is consistent zone district section with the intent in Article of III the zone of Chapter district 23.) in which it is located. (Intent statements can be found Attachment Question 3 C, Planning DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 xvi Requirement Location Application in this Permit 4. Explain affected how municipalities. this proposal will be compatible with future development of the surrounding area or adopted master plans of Attachment Question 4 C, Planning 5. Explain Zoning maps officially how District this (Airport, adopted proposal Geologic by complies the County. Hazard, with Article or Historic V and Article Townsites XI of Overlay Chapter 23 Districts) if the or proposal a Special is located Flood Hazard within any Overlay Area identified by Attachment Question 5 C, Planning 6. in If the the proposed locational use decision is to be located for the proposed in the A (Agricultural) use. Zone District, explain your efforts to conserve prime agricultural land 1 Attachment Question 6 C, Planning 7 neighborhood Explain whether this and the proposal County. interferes with the protection of the health, safety and welfare of the inhabitants of the Attachment Question 7 C, Planning Environmental Health Questions 1. What application Water is the District, that drinking was a tap water submitted or meter source to number, the on the State or property? a Division copy of If of the utilizing Water water a Resources. bill. drinking water If utilizing well include a public either water the tap well include permit a letter or well from permit the Attachment Environmental Question 1 C, Health 2. What number. Department please Public type Health state If there of of "a sewage and is Public new no septic Environment's disposal septic Health system permit and system Environment portable due is is to proposed." on toilet the the age prior property? Only policy. of to the submitting propose existing If utilizing portable septic this an application. existing toilets system, if the septic apply If use a new system for is a septic septic consistent provide system permit with the through septic will the be Department installed permit the of Attachment Environmental Question 2 C, Health 3. If storage or warehousing is proposed, what type of items will be stored? Attachment Environmental Question C, 3 Health 4. Describe where and how storage and/or stockpile of wastes, chemicals, and/or petroleum will occur on this site. Attachment Environmental Question 4 C, Health 5. If there per tank. will be fuel storage on site, indicate the gallons and the secondary containment. State the number of tanks and gallons Attachment Environmental Question 5 C, Health 6. If there will be washing of vehicles or equipment on site, indicate how the wash water will be contained. Attachment Environmental Question 6 C, Health 7. If there will be floor drains, indicate how the fluids will be contained. Attachment Environmental Question 7 C, Health 8. Indicate if there will be any air emissions (e.g. painting, oil storage, etc.). Attachment Environmental Question 8 C, Health 9. Provide a design and operations plan if applicable (e.g. composting, landfills, etc.). Attachment Environmental Question 9 C, Health 10. Provide a nuisance management plan if applicable. Attachment Environmental Question C, 10 Health DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 xvii 11. Requirement Additional information may be requested depending on type of land use requested. Location Application Attachment Environmental Question in 11 this C, Health Permit Engineering Questions 1. Include streets/roads Agreement a. The type a traffic projected of may vehicles narrative may be be required. number (passenger, necessary with of the vehicle information to semi provide trips -truck, below. adequate (average etc.). A safe per traffic day, impact and efficient maximum study transportation may per day, be peak required. to and hour data) Improvements from the to site. and from to An the adjacent Improvements site and the Attachment Engineering C, Question 1.a b. Describe Truck/Trailer/RV how many (Roundtrip roundtrips/day = 1 are expected trip in and 1 for trip out each of site) vehicle type: Passenger Cars/Pickups, Tandem Trucks, Semi- Attachment Engineering C, Question 1.b c. Describe the expected travel routes for site traffic. Attachment Engineering C, Question 1.c d. Describe from the the east, travel etc.) distribution along the routes (e.g. 50% of traffic will come from the north, 20% from the south, 30% Attachment Engineering C, Question 1.d e. Describe the time of day that you expect the highest traffic volumes to and from the site. Attachment Engineering C, Question 1.e 2. Describe where the access to the site is planned. Attachment Engineering C, Question 2 3. Drainage unless for a. the an exception Which Design: project exception to Design falls stormwater under is and construction an exception detention? being applied for? If of to Include so, a stormwater detention describe supporting in pond detention a as described requirements drainage documentation. narrative in an the approved per following: code. (See Drainage below.) Report is required Does your site qualify Attachment Engineering Attachment C, Question D 3.a; b. Does the water flow onto the property from an offsite source? If so, from where? Attachment Engineering C, Question 3.b c. Describe where the water flows to as it leaves the property. Attachment Engineering C, Question 3.c 3.d d. Describe the direction of flow across the property. Attachment Engineering C, Question e. Describe the location of any irrigation facilities adjacent to or near the property. Attachment Engineering C, Question 3.a f. Describe any previous drainage problems with the property. Attachment Engineering C, Question 3.f 4. If your a. A completed Code. site Drainage does by not Report a qualify Colorado for summarizing an exception, Licensed the detention Professional the following pond applies: design Engineer with and construction adhere to the drawings and drainage related maintenance sections of plan the shall Weld be County Attachment Engineering C, Question 4.a b. The webpage Drainage on the Report Planning must include and a certification Zoning website, stamped of compliance, and which signed by can the be PE. found under the Development Review Attachment Engineering Attachment Engineering Attachment C, Question C, Question D 4.b 4.c; c. See the attached Drainage Report Review Checklist. DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 xviii Requirement Location in this Permit Application Building Questions 1. List the type, size (square footage), and number of existing and proposed structures. Show and label all existing and proposed structures on the USR drawing. Label the use of the building and the square footage. Attachment C, Building Question 1 Explain how the existing structures will be used for this USR. Attachment C, Building Question 2 List the proposed use(s) of each structure. Attachment C, Building Question 3 DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 xix CONTENTS 1 Introduction 1 1.1 Description of Facility Error! Bookmark not defined. 1.1.a Natural Gas Fired Comubstion Turbines 2 1.1.b Selective Catalytic Reduction 4 1.1.c Stormwater Infilitration Basin 4 1.1.d Project Areas 4 1.1.e Temporary Construction Areas 5 1.1.e.1 Laydown Yard 5 1.1.e.2 Stockpile Area 5 1.1.f Construction Process 6 1.1.f.1 Temporary Construction Areas 5 1.1.f.2 Temporary Construction Areas 5 2 Application Submittal Requirements (21-3-330)(B) 1010 2.1 Section 1041 Permit Map (21-3-330(B)(3) and 21-3-330(B)(4)) 10 2.2 Project Information (21-3-330(B)(5)) 10 2.2.a Present Use and Zoning (21-3-330(B)(5)(a)) 10 2.2.b Sketch Map of the Area Within Ten Miles from the Site (21-3- 330(B)(5)(b)) 10 2.2.c Sketch Map of All Existing Transmission Lines and Pipelines Within One Mile on Either Side of the Proposed Alignment (21- 3-330(B)(5)(c)) 10 2.2.d Sketch Map of Utility Facilities within Five Miles of Proposed Facility (21-3-330(B)(5)(d)) 11 2.2.e Type of Facility (21-3-330(B)(5)(e)) 11 2.2.f Projected Development Schedule (21-3-330(B)(5)(f)) 11 2.2.g Hazards and Emergency Procedures (21-3-330(B)(5)(g)) 11 2.2.h Name, Address, and Telephone Number of the Applicant (21-3- 330(B)(5)(h)) 11 2.21 Name and Address of the Fee Owners of the Property (21-3- 330(B)(5)(i)) 11 2.2.j Legal Description of the Property Under Consideration (21-3- 330(B)(5)(j)) 12 2.2.k Total Acreage of the Parcel, Right -of -Way or Corridor Under Consideration (21-3-330(B)(5)(k)) 12 2.2.1 Existing Land Use of the Parcel, Right -of -Way or Corridor Under Consideration (21-3-330(B)(5)(l)) 12 2.2.m Existing Land Uses of All Properties Adjacent to Said Parcel, Right -of -Way or Corridor (21-3-330(B)(5)(m)) 12 DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 xx 2.2.n Present Zone and Overlay Zones (21-3-330(B)(5)(n)) 12 2.2.o Signatures of the Applicant and Fee Owners or Their Authorized Legal Agent (21-3-330(B)(5)(0)) 13 2.3 Summarization of Major Natural and Socioeconomic Environmental Constraints (21-3-330(B)(6)) 13 2.4 Summarization of the Effect upon the Natural and Socioeconomic Environment of the Impact Area (21-3-330(B)(7)) 13 2.5 Analysis of the Long -Term Effects of the Proposed Site Selection and Construction upon the Physical and Socioeconomic Development of the Impact Area (21-3-330(B)(8)) 13 2.6 Description of a Program To Minimize and Mitigate Adverse Impacts and To Maximize Positive Impacts (21-3-330(B)(9)) 13 2.7 Analysis of Nonstructural Alternatives to the Project (21-3-330(B)(10)) 14 2.8 Analysis of Reasonable Structural Alternatives to the Project (21-3- 330(B)(11)) 14 2.9 Analysis of Air and Water Pollution Impacts and Control Alternatives (21- 3-330(B)(12)) 14 2.10 Analysis of Design Alternatives Concerning Access, Landscaping, Architectural Controls (21-3-330(B)(13)) 14 2.11 Proposed Form of Development Agreement (21-3-330(B)(14)) 14 2.12 Analysis of Hydrologic, Atmospheric, Geologic, Pedologic, Biotic, Visual and Noise Impacts (21-3-330(B)(15)) 14 2.13 Surface and Subsurface Drainage Analysis (21-3-330(B)(16)) 15 2.14 Decommissioning Plan (21-3-330(B)(17)) 15 2.15 Additional Information (21-3-330(B)(18)) 15 3 Specific Submittal Requirements (21-3-330)(C)) 15 3.1 Need for the Proposed Development or Activity (21-3-330(c)(1)) 15 3.1.a Present Population and Total Population to Be Served (C)(1)(a) 15 3.1.b Predominant Type of Users or Communities to be served (C) (1)(b) 15 3.1.c Percentage of the Design Capacity of Current System (C)(1)(c) 15 3.1.d Relationship of the Proposal to the Applicant's Long -Range Planning and Capital Improvements Programs (C)(1)(d) 15 3.1.e Public Convenience and Necessity for Proposed Project (C)(1)(e) 16 3.1.f User Needs and User Patterns to Be Fulfilled (C)(1)(f) 16 3.1.g Relationship to Other Existing and Planned Utility or Energy Generation and Transmission Facilities, Local Government Capital Improvement Programs, or Special District Expansion Program (C)(1)(g) 16 DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 xxi 3.2 Environmental Impact Analysis (21-3-330(C)(2)) 17 3.2.a.1 Use of Existing Easements or Rights -of -Way for Associated Distribution or Collector Networks (C)(2)(a)(iii) 17 3.2.b Information Regarding Other Utility Facilities (C)(2)(b) 17 3.2.b.1 Map each Existing Major Facility of a Public Utility of the Type Proposed for Development (5)(C)(2)(b)(i) 17 3.2.c Water Resources (C)(2)(c) 17 3.2.d Significant Environmentally Sensitive Factors (C)(2)(d) 18 3.2.d.1 Map of and Description of Impacts on Sensitive Features Present in the Proposed Development or Activity and Its Vicinit (C)(2)(d)(i) 18 3.2.e Visual Aesthetics and Nuisance Factors (C)(2)(e)) 19 3.2.e.1 Describe Mitigation Strategies (C)(2)(e)(iii) 19 3.2.f Transportation Impacts (C)(2)(f) 20 3.2.g Less Damaging Alternatives (C)(2)(g) 20 3.3 Additional Requirements for Site Selection and Construction of Transmission Lines or Substations (21-3-330(C)(3)) 20 4 Waiver of Submittal Requirements (21-3-330(D)) 20 5 Approval Requirements 21 6 1041 USR Procedural Guide Planning Requirements Checklist 29 6.1 Pre -Application Meeting Minutes 29 6.2 Application Form 29 6.3 Authorization Form 29 6.4 Articles of Organization or Incorporation 29 6.5 1041 Questionnaire 30 6.6 Certified List of the Names, Addresses, and Parcel Numbers of the Surrounding Property Owners 30 6.7 Names and Addresses of Any Owner, Operator of Any Irrigation Ditch, Lateral, or Pipeline on the Property 30 6.8 Surface Use Agreement with Mineral Owners 30 6.9 Deed 30 6.10 Certificate of Conveyances 30 6.11 Statement of Taxes 30 6.12 Evidence of Adequate Water Supply 31 6.13 Evidence of Adequate Sewage Disposal 31 6.14 Notice of Inquiry Form 31 6.15 Drainage Narrative 31 6.16 Traffic Narrative 31 6.17 Sign Plan 32 DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 xxii 6.18 Nuisance Abatement Plan 32 6.19 Landscape and Screening Plan 32 6.20 Decommissioning Plan 32 6.21 Emergency Incident Action Plan 32 6.22 Noise Study 33 6.23 Soil Report 33 6.24 Community Meeting Sign -In Sheet, Minutes, and Summary 33 6.25 Application Fee 33 6.26 Investigation Fee 33 6.27 Planned Access and Access Agreements 33 6.28 Names and Addresses of Persons or Entities with an Interest in any Real Property Proposed to be Physically Disturbed or Crossed 33 6.29 Names and Addresses of Mineral Interest Holders with an Interest in any Real Property Proposed to be Physically Disturbed or Crossed 34 6.30 1041 USR Map 34 6.31 Map Showing Area Within Ten Miles of the Site 34 6.32 Map Showing Each Major Facility of a Public Utility within the County of the Type Proposed 34 6.33 Map of Features Present in the Vicinity and Potential Impact of the Proposal 34 7 Compliance with Review Criteria 23-2-220.A and 23-2-230.B 35 8 Compliance with Design Standards 23-2-240.A 36 9 Compliance with Operation Standards 23-2-250 38 10 References 40 TABLES Table 1: CT Units Dimensional Characterics Error! Bookmark not defined. Table 2: Aniticipated Equipment Types and Amounts to be Present During Construction 7 FIGURES Figure 1: Typical CT Unit 4 DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 xxiii ATTACHMENTS Attachment A: Vicinity Map Attachment B: 1041 USR Map Attachment C: 1041 Questionnaire Attachment D: Stormwater Drainage Study Attachment E: 10 -Mile Sketch Map Attachment F: Oil and Natural Gas Facilities Attachment G: Certified List of Adjacent Property Owners Attachment H: Legal Description and Deed Attachment I: Application Form Attachment J: Decommissioning Plan Attachment K: Project Consistency with the Weld County Comprehensive Plan Attachment L: Water Resources Map Attachment M: Significant Environmentally Sensitive Factors Map Attachment N: Visual Analysis Attachment O: Noise Study Air Study and nuisance abatement plan Attachment P: Land Cover Attachment Q: Pre -Application Meeting Minutes Attachment R: Articles of Incorporation Attachment S: Haul Route Attachment T: Statement of Taxes Attachment U: Emergency Response Procedures Attachment V: Soil Report Attachment W: Cultural Resources Desktop Review Attachment X: Noxious Weed Control Measures Attachment Y: Water Service Letter Attachment Z: Sanitary Sewer Service Attachment AA: Mineral Estate Owners DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 xxiv DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 xxv LIST OF ACRONYMS AND ABBREVIATIONS 1041 Areas and Activities of State Interest Permit APEN Air Pollutant Emissions Notice Application 1041 Permit Application BMP Best Management Practice CDPHE Colorado Department of Public Health and Environment CEP Clean Energy Plan CPUC Colorado Public Utilities Commission CT Combustion Turbine dBA A -Weighted Decibel kV Kilovolt Pathway Colorado's Power Pathway PSCo Public Service Company of Colorado SWMP Stormwater Management Plan TCA Temporary Construction Area Tetra Tech Tetra Tech, Inc. USR Use by Special Review Xcel Energy Public Service Company of Colorado, an Xcel Energy company DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 1 1 INTRODUCTION Public Service Company of Colorado, an Xcel Energy company (Xcel Energy), proposes to construct, maintain, and operate at the Fort St. Vrain Generating Station located in unincorporated Weld County, two new natural gas fired Combustion Turbines, known as Combustion Turbine Units 7 and 8 (CT Units 7 and 8), including the potential future conversion of CT Units 7 and 8 to a hydrogen fuel source subject to administrative review of the fuel change, and including the installation of a Selective Catalytic Reduction (SCR) on the existing Fort St. Vrain Generating Station CT Unit 2 Heat Recovery Steam Generator (HRSG), referred to as the Project. Xcel Energy is submitting this 1041 Permit Application (Application) for a permit to locate and construct Major Facilities of a Public Utility or Public Agency (1041 permit), pursuant to the Weld County, Colorado, Chapter 21, Article III, Division 3, Permit Program for Site Selection and Construction of a Major Facility of a Public Utility (Weld County 1041 Regulations; Weld County 2024). This Application package was prepared per the requirements of the Weld County 1041 Regulations. The Application also was prepared based on direction provided by Weld County representatives during the Pre -Application Conference held on December 13, 2024. 1.1 DESCRIPTION OF FACILITY The Project will install two natural gas fired combustion turbines (CT) and associated facilities at Xcel Energy's existing Fort St. Vrain Generating Station located at 16805 Weld County Road 19.5 (parcel 120910000006; subject parcel) in unincorporated Weld County (see Attachment A, Vicinity Map). The subject parcel includes the existing Fort St. Vrain Generation Station, water treatment basins, natural gas infrastructure, electrical equipment, and existing facilities located inside a secured fenced area. The Colorado Public Utilities Commission (CPUC) recently found that granting authority to Xcel Energy to move forward with acquiring the resources in the Alternative Portfolio, including its gas resources, is in the public interest (CPUC 2024). The CPUC furthermore found that thermal generation such as that proposed with the Project is a necessary component of the Clean Energy Plan (CEP) set forth for within the 2021 Electric Resource Plan and Clean Energy Plan that guides energy development goals of Xcel Energy (CPUC 2024). The Project allows Xcel Energy to construct thermal generation in order to boost system reliability while the CEP is being implemented (CPUC 2024). The Project will also include the installation of post -combustion nitric oxide and nitrogen dioxide (NOx) controls by means of SCR on the existing CT Unit 2 HRSG to meet DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 2 currently permitted emission requirements. The addition to CT Unit 2 will not increase visible floor area, height, or massing of CT Unit 2 as the additions will be to existing equipment and will be located within those equipment enclosures. With the addition of the CT Units 7 and 8, which will not have post emission controls, the SCR installation on CT Unit 2 will allow for netting of the NOx emissions to allow the new CT Units 7 and 8 to operate with a higher capacity factor prior to reaching permit emission limits. The Project area as defined in this document is the approximately 2.8 -acre area within the subject parcel that contains CT Units 7 and 8 and their associated foundation area (Attachment B, 1041 Permit Map). To support the construction and operation of the P roject, a Stormwater Infiltration Basin will be installed to handle drainage from the CT U nits 7 and 8 along with drainage from the temporary haul route being installed around the new CT Units 7 and 8. A new temporary haul route is proposed around and to the east of CT Units 7 and 8 and will provide access to two temporary parking areas for construction staff and will provide access to a temporary 8.1 acre laydown yard and temporary 2.5 acre stockpile area. The temporary laydown yard, stockpile area, parking areas, and haul route are to support the construction of the CT Units 7 and 8 and will be removed upon completion of construction. The approximately 27.9 -acre area which includes the temporary laydown yard, stockpile area, parking areas, and haul route is located within an area of the subject parcel referred to as the Temporary Construction Area (TCA). During construction, there will be excavated soil that will be stored and managed in the stockpile area. During construction, the stockpile area will be protected with Best Management Practices (BMPs). The stockpile will be removed and the area reclaimed at the end of construction. Permanent fencing is proposed to surround the stockpile, laydown, parking, stormwater infiltration basin, and CT Units 7 and 8, as shown in Attachment B, 1041 Permit Map. Fencing around the perimeter of the Project area and TCA will remain on the subject parcel after construction is completed and TCA has been returned to existing conditions. The eastern boundary of the existing fence on the subject parcel runs north/south through the middle of the Project area. Therefore, for construction of this Project the fence will be moved to the east of the new CT Units 7 and 8, in the same manner that fence is currently located east of CT Units 5 and 6. The eastern boundary of the fence will run north/south in a similar manner to how the existing fence does currently, with the fence being located further to the east to enclose the Project. P roject construction is anticipated to begin in Summer 2025, and the planned in-service date is October 2027. 1.1.a Natural Gas Fired Combustion Turbines The Project will include the installation of two nominal 182.1 megawatt natural-gas fired combustion turbines at the existing Fort St. Vrain Generating Station, for a total of 364.2 DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 3 megawatts of additional generating capacity. The layout of the new equipment would be approximately parallel and east of the existing CT Units 5 and 6 and the Project will be oriented similar to CT Units 5 and 6 with the stacks on the north and the electrical interfaces on the south (see Attachment B, 1041 Permit Map). The new CT Units 7 and 8 will utilize General Electric (GE) 7F.05 gas turbines. The GE 7F.05 gas turbine with the DLN 2.6+ combustion system is currently capable of burning 5 percent hydrogen -by -volume today. The CT Units 7 and 8 are currently not permitted by the State to use hydrogen as a fuel source. Turbine manufacturer's current schedule is to have CT units that are capable of burning 100 percent hydrogen by 2035. Xcel Energy plans to convert the CT Units 7 and 8 to burn 100% hydrogen prior to 2050. Xcel Energy is seeking approval in this 1041 permit of the potential future use of hydrogen as the fuel source at these facilities if and when allowed by the PUC, subject to administrative review by Weld County. The new CT Units 7 and 8 are fueled by natural gas piped to the subject parcel via existing pipelines. The Fort St. Vrain Generating Station includes Balance of Plant systems, such as compressed air system, that support the operation of the existing and proposed CT Units and turbine accessory skids. CT Unit 7 and 8 will each have its own closed cooling water loop and fin -fan coolers. The water supply will be coming from the existing Fort St. Vrain Generating Station. CT Units 7 and 8 will be installed on a combined reinforced -concrete mat foundation with reinforced concrete pedestals to bear the equipment as necessary. See Table 1 for CT Unit Dimensional Characteristics, and a representative illustration of a CT Unit is shown in Figure 1. Table 1: CT Units 7 and 8 Dimensional Characteristics Characteristic Anticipated Design Maximum Height Stack 100 feet Stack color materials and Carbon be ASTM1011 steel; Finished or equivalent. painted light grey, exterior cladding shall Turbine area enclosure 24.6' x 22' = 541.2 square feet Turbine materials enclosure and color Steel; 10111 finished or equivalent. painted light grey, exterior cladding shall be ASTM CT area Unit 7 and 8 2.8 acres (unit is on pier foundations) DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 4 Figure 1: Typical CT Unit (Illustrative) 1.1.b Selective Catalytic Reduction Installation of post combustion nitric oxide and nitrogen dioxide (NOx) controls by means of Selective Catalytic Reduction (SCR) on the existing Fort St. Vrain CT Unit 2 Heat Recovery Steam Generator (HRSG) are provided to meet air permit requirements with the CT Units 7 and 8 additions. With the addition of the CT Units 7 and 8, which will not have post emission controls, the SCR installation on CT Unit 2 will allow for netting of the NOx emissions to allow the new CT Units 7 and 8 to operate with a higher capacity factor prior to reaching permit emission limits. 1.1.c Stormwater Infiltration Basin While Weld County Code generally prohibits retention facilities (section 5.10.1 of the Weld County Engineering and Construction Criteria Manual), a variance was granted in 2008 to Xcel Energy allowing the use of a retention (infiltration) basin for stormwater management. A detention solution to drain the basin is not feasible because the existing topography would cause the construction limits to extend beyond the subject parcel boundaries. Therefore, the Project proposes following a similar approach for the addition of CT Units 7 and 8. The Certificate of Compliance, which includes a variance request, is attached in the stormwater drainage study (Attachment, D). The proposed variance shall not jeopardize the public health, safety, and welfare of public and private property. DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 5 1.1.d Project Access Access to the Fort St. Vrain Generating Station will be via the main entrance to the Fort St. Vrain Generating Station from Weld County Road 19.5 and via the existing utility access located south of the main Fort St. Vrain Generating Station entrance on Weld County Road 19.5. Construction vehicles and equipment will access the Fort St. Vrain Generating Station via the existing graveled apron off Weld County Road 19.5. Temporary haul routes will be connected to the access drives, providing access to the Project area and TCA as shown in Attachment B. No upgrades are proposed within the County right-of-way. Xcel Energy will acquire any necessary grading, stormwater, and erosion control permits and comply with permit requirements. A temporary internal haul route is proposed around and to the east of CT Units 7 and 8 to provide access to temporary parking areas for construction staff and the laydown yard and stockpile area (described in Section 1.1.e). The temporary internal haul route will be entirely located within the parcel. The temporary internal haul route will be removed upon completion of construction. The construction haul route to the subject parcel will utilize the existing access from the Fort St. Vrain Generating Station on to Weld County Road 19.5. From the access point, the haul route will travel south on Weld County Road 19.5 to Weld County Road 34, where it will travel east 0.5 mile to Weld County Road 21 and then travel south to State Highway 66, where the route will then travel east along State Highway 66 to its intersection with US Highway 85 in Platteville, CO. See the proposed haul route as shown in the Haul Route Map (Attachment S). 1.1.e Temporary Construction Area A TCA will be used during construction to stage construction equipment and materials including construction trailers, cranes, and equipment to be installed. The TCA will consist of two temporary parking areas, a temporary internal haul route connecting the parking areas and Project area to the existing internal haul routes and public access points on the subject parcel and will include the temporary laydown area and stockpile area. Some of the areas within the TCA may require grading to level out the area for equipment placement and materials storage. The proposed TCA needed for the Project is represented in the 1041 USR Map (Attachment B). No proposed improvements at the TCA will be permanent, and the TCA will be restored in a manner generally similar to preconstruction conditions. Additional details about the TCA are discussed in the following sections. DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 6 1.1.e.1 Laydown Yard An 8.1 -acre laydown yard will be used during construction of the Project. The laydown yard will be located on the parcel, north of CT Units 7 and 8, as shown in Attachment B, 1041 USR Permit Map. A temporary 4 -foot -high barbed wire chain link security fence will be installed around the laydown yard during construction. Materials will be delivered to the laydown yard at the onset of construction. Construction crews will mobilize each day from the parking areas within the TCA to the Project area to complete work within the Project area. Following construction, all equipment will be removed, and the laydown yard will be restored. 1.1. e. 2 Stockpile Area A 2.5 -acre stockpile area will be used to temporarily store excavated soils during construction. The stockpile area will be located on the parcel, north of the new CT Units 7 and 8, as shown in Attachment B, 1041 USR Permit Map. A temporary 4 -foot -high barbed wire chain link security fence will be installed around the stockpile area during construction. Following construction, the temporary security fence will be removed, and the stockpile area will be restored. 1.1J Construction Process 1.1.f.1 Construction Activities Project construction activities generally include the following steps: • Step 1: Includes rough Grading/Tub Excavation which consists of construction activities that include preparation of the Project area and TCA via installation of perimeter fencing, temporary haul routes, topsoil removal and segregation, and grading. • Step 2: Includes installation of foundations, utilities, and tub backfill including construction activities that consist of installation of underground piping, electrical duct bank, foundations, and stormwater controls. • Step 3: Includes final stabilized condition including construction activities that consist of grading to final contour and swale and basin conversion to permanent condition. • Step 4: Includes installing CT Units 7 and 8 and includes connecting CT Units 7 and 8 to the existing Fort St. Vrain Generating Station. • Step 5: Includes post construction activities consisting of returning the TCA to pre-existing conditions. DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 7 1.1 ,12 Construction Staffing, Vehicles, and Equipment During construction, Xcel Energy expects staffing to vary during the different steps. Generally, construction staff is categorized in one of three categories: staff employees, craft employees, and vendor employees. At peak activity, up to 50 staff employees are anticipated on the subject parcel. 205 craft employees and 10 vendor employees are anticipated at peak activity, with these numbers varying depending on the construction phase. Xcel Energy anticipates that, at peak activity for all construction staff, up to 265 construction staff may be on the subject parcel. During operations, the Project will be staffed by the existing Fort St. Vrain Generating Station employees. Thus, there will be no increase to the Fort St. Vrain Generating Station staff for operation of the Project. Type and amount of construction equipment and vehicles will vary during construction depending on the phase of construction. Table 2 provides the anticipated equipment types and amounts to be present during construction. Table 2: Anticipated Equipment Types and Amounts to be Present During Construction. Crane Equipment Type Amount at Peak Construction 4 Manlifts 7 Forklifts 4 Diesel Welder Machines 4 Diesel Light Plants 8 Diesel Generators 2 Grader CAT 140 (180 hp) 1 Loader 4 CY (CAT 950, IT62, JD644, WA250, L120) 1 1 Skid Steer — Tracked 1 78 — 84" Single Drum / Combo / Vibro 1 Excavator 30-35 MT 1 Dozer 70-80 HP — CAT D3, D4 / JD 450 1 Dozer 180-200 HP — CAT D6t / JD 850 Walk Behind Roller (2 -Drum) 1 55 — 60" Single Drum / Smooth / Vibro 1 1 Excavator 40-49 MT 1 CAT 966, JA744, WA500, L150 — Loader 4.5CY 1 Excavator 36-39 MT DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 8 It is anticipated that one 10 -hour shift per day (Monday through Saturday) will be worked during construction until January 1, 2027, when there will then be two 10 -hour shifts until July 1, 2027. If additional hours are anticipated for shift work, a 24 -hour work permit will be obtained from Weld County. The maximum number of construction workers on the subject parcel is estimated to be 265 employees at peak. Project construction is expected to be completed in three steps over the duration of the construction schedule. Upon completion, CT Units 7 and 8 will be operated and monitored onsite 24 hours a day, 7 days a week, 365 days a year to provide safe and reliable electric service. CT Units 7 and 8 will be inspected regularly along with annually by Borescope Inspection, to look for any damage or concerns on these components: • Lube oil system • Turbine compartment • Combustion system o Fuel nozzles assemblies o Flowsleeves o Liners o Transition pieces • Turbine nozzles, buckets and shrouds; stages 1, 2, and 3 • Exhaust frame • Inlet case and duct work • Inlet evaporative cooling and filter assemblies • Stack condition • Exhaust ductwork • Inlet and exhaust silencers • Generator compartment • Piping systems • Instrumentation DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 9 It is anticipated that at peak, up to 10 semi -trucks may visit the subject parcel per day. An average of up to four concrete truck deliveries per day along with one construction equipment delivery per day are expected. Included with equipment delivery is the delivery of cranes, forklifts, and heavy equipment such as skid steers, dozers, and excavators. Heavy equipment will remain on the subject parcel upon delivery until the construction phase during which the equipment is being used is completed. The impact on local public roads will vary day-by-day depending on the construction phase. To mitigate any potential impacts to Weld County roads, Traffic Control Plans will be prepared and followed during construction. DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 10 2 APPLICATION SUBMITTAL REQUIREMENTS (21-3-330)(B) 2.1 SECTION 1041 PERMIT MAP (21-3-330(B)(3) AND 21-3-330(B)(4)) The 1041 Permit Map is provided as Attachment B. 2.2 PROJECT INFORMATION (21-3-330(B)(5)) 2.2.a Present Use and Zoning (21 -3-330(B)(5)(a)) The Xcel Energy Fort St. Vrain Generating Station is located on a 628.64 acre parcel in unincorporated Weld County at 9379 Weld County Road 34 (Weld County 2025; see Attachment A, Vicinity Map). The installation of the new CT Units 7 and 8 and facilities associated with this Project will be located adjacent to the east of the existing CT Units 5 and 6 at Fort St. Vrain Generating Station, all located within the same subject parcel (See Attachment B, USR Map). The subject parcel is located entirely within the 1-3 (Heavy Industrial) zone district. The zoning of the subject parcel has been 1-3 (Heavy Industrial) since 1976 when the Zoning Case Z-76 was approved for Fort St. Vrain Generating Station. Since that zoning approval, the subject parcel has been used for the Fort St. Vrain Generating Station. The present use of the subject parcel consists of the approved use as Xcel Energy's Fort St. Vrain Generating Station which includes the generating station electric substation, combustion turbines and associated natural gas pipelines and electric transmission lines. The land where the new CT Units 7 and 8 will be placed is currently vacant and adjacent to the existing CT Units 5 and 6 foundations. 2.2.b Sketch Map of the Area Within Ten Miles from the Site (21-3- 330(B)(5)(b)) A map showing the area within 10 miles of the Project is provided as Attachment E. 2.2.c Sketch Map of All Existing Transmission Lines and Pipelines Within One Mile on Either Side of the Proposed Alignment (21 -3-330(B)(5)(c)) Weld County Code Section 21-2-330(B)(5)(c) only applies to upgrades of existing transmission lines. The Project does not involve any upgrades to existing transmission lines. 2.2.d Sketch Map of Utility Facilities within Five Miles of Proposed Facility (21 -3-330(B)(5)(d)) Weld County Code Section 21-2-330(B)(5)(d) only applies to other major facilities of a public utility. The Project does not involve other major facilities of a public utility. See DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 11 Attachment F for a map of existing oil and natural gas facilities in Weld County, including Natural Gas Processing Plants and Existing Gas Power Plants. 2.2.e Type of Facility (21-3-330(B)(5)(e)) See the response to Supplemental Question 1 in the 1041 Questionnaire (Attachment C). 2.2.f Projected Development Schedule (21-3-330(B)(5)(f)) See the response to Supplemental Question 2 in the 1041 Questionnaire (Attachment C). 2.2.g Hazards and Emergency Procedures (21-3-330(B)(5)(g)) See the response to Supplemental Question 3 in the 1041 Questionnaire (Attachment C). 2.2.h Name, Address, and Telephone Number of the Applicant (21-3- 330(B)(5)(h)) The following information shows the applicant's contact information to address Section 21-3-330(B)(5)(h). Applicant: Jennifer Chester Xcel Energy Senior Manager, Siting and Land Rights 1800 Larimer Street Denver, CO 80202 303-285-6533 2.2.i Name and Address of the Fee Owners of the Property (21-3- 330(B)(5)(i)) The parcel is owned in fee by Public Service Company of Colorado, an Xcel Energy company. The contact information for Public Service Company of Colorado per the Weld County Property Portal (Weld County 2024) is: Public Service Company of Colorado Tax Service Department P.O. Box 1979 Denver, CO 80201-1979. DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 12 2.2.j Legal Description of the Property Under Consideration (21-3- 330(B)(5)(j)) The legal description of the Project is provided as Attachment H. 2.2.k Total Acreage of the Parcel, Right -of -Way or Corridor Under Consideration (21 -3-330(B)(5)(k)) The total acreage of the subject parcel is 628.639 acres. 2.2.1 Existing Land Use of the Parcel, Right -of -Way or Corridor Under Consideration (21 -3-330(B)(5)(l)) The existing Land Use of the subject parcel is considered Urban by the Weld County Comprehensive Plan and generally can be categorized as Power Plant/Generating Facility. The parcel has been used as a Power Plant since the 1970's, with Weld County Zoning Case Z-76, approved in 1966, establishing the zoning of the parcel as 1-3 (Heavy Industrial). The Power Plant use of the subject parcel was established by the Zoning Case Z-76 and a Power Plant use of the subject parcel has remained since that approval. 2.2.m Existing Land Uses of All Properties Adjacent to Said Parcel, Right - of -Way or Corridor (21-3-330(B)(5)(m)) Existing land uses present adjacent to the Fort St. Vrain Generating Station include industrial facilities, oil and gas wells and facilities, communication facilities, oil and gas pipelines, and several existing high voltage transmission lines and electric distribution lines. Four residences are located within a 1 -mile radius of the Project, with the closest two residences being approximately 0.75 mile from the Project (the closest two residences are located on land owned by Xcel Energy, as seen in Attachment A). Agricultural facilities located near the Project include cultivated crops and open grazing land. Other linear infrastructure, including railroads and local roads exist in proximity to the Project. The confluence of the Saint Vrain Creek and South Platte River is approximately 1.75 miles north of the Project. 2.2.n Present Zone and Overlay Zones (21 -3-330(B)(5)(n)) The Project is located in unincorporated Weld County in the 1-3 (Heavy Industrial) Zone District and is located in a Weld County Opportunity Zone (Weld County 2024). Opportunity Zones as defined by the Weld County Comprehensive Plan are areas where "zone changes to C (Commercial), I (Industrial), and Planned Unit Development containing C and I uses are preferred". The Project is included in the 1-3 (Heavy DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 13 Industrial) Zone, is designated an Urban Land Use, and is located within a Weld County Opportunity zone, all of which is supportive land use and zoning for the Project. 2.2.o Signatures of the Applicant and Fee Owners or Their Authorized Legal Agent (21-3-330(B)(5)(0)) S ignatures of the applicant and fee owners or their authorized legal agent are provided in the completed Application Form, Attachment I. 2.3 SUMMARIZATION OF MAJOR NATURAL AND SOCIOECONOMIC ENVIRONMENTAL CONSTRAINTS (21-3-330(B)(6)) A discussion of major natural and socioeconomic environmental constraints as they affect the site selection and construction of the Project is provided in the responses to S upplemental Questions 4 and 15 of the 1041 Questionnaire (Attachment C). 2.4 SUMMARIZATION OF THE EFFECT UPON THE NATURAL AND S OCIOECONOMIC ENVIRONMENT OF THE IMPACT AREA (21-3- 330(B)(7)) A discussion of effects of the Project on the natural and socioeconomic environment of the impact area and methods to minimize and mitigate these impacts is provided in the responses to Supplemental Questions 4 and 15 of the 1041 Questionnaire (Attachment C). 2.5 ANALYSIS OF THE LONG-TERM EFFECTS OF THE PROPOSED S ITE SELECTION AND CONSTRUCTION UPON THE PHYSICAL AND SOCIOECONOMIC DEVELOPMENT OF THE IMPACT AREA (21-3-330(B)(8)) A discussion of the long-term effects of the Project upon the physical and socioeconomic development of the impact area is provided in the response to S upplemental Question 6 of the 1041 Questionnaire (Attachment C). 2.6 DESCRIPTION OF A PROGRAM TO MINIMIZE AND MITIGATE ADVERSE IMPACTS AND TO MAXIMIZE POSITIVE IMPACTS (21- 3-330(B)(9)) The Project will mitigate and minimize adverse impacts as described in the responses to S upplemental Question 15 of the 1041 Questionnaire (Attachment C). DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 14 2.7 ANALYSIS OF NONSTRUCTURAL ALTERNATIVES TO THE PROJECT (21-3-330(B)(10)) An analysis of nonstructural alternatives to the Project is provided in the response to Supplemental Question 8 of the 1041 Questionnaire (Attachment C). 2.8 ANALYSIS OF REASONABLE STRUCTURAL ALTERNATIVES TO THE PROJECT (21 -3-330(B)(11)) An analysis of reasonable structural alternatives to the Project is provided in the response to Supplemental Question 9 of the 1041 Questionnaire (Attachment C). 2.9 ANALYSIS OF AIR AND WATER POLLUTION IMPACTS AND CONTROL ALTERNATIVES (21-3-330(B)(12)) An analysis of air and water pollution impacts and control alternatives is provided in the responses to Supplemental Questions 10, 15.c.i, and 15.d.i of the 1041 Questionnaire (Attachment C). 2.10 ANALYSIS OF DESIGN ALTERNATIVES CONCERNING ACCESS, LANDSCAPING, ARCHITECTURAL CONTROLS (21-3-330(B)(13)) An analysis of design alternatives is provided in the response to Supplemental Question 11 of the 1041 Questionnaire (Attachment C). 2.11 PROPOSED FORM OF DEVELOPMENT AGREEMENT (21-3- 330(B)(14)) No new or upgraded public services or facilities are anticipated to be needed to serve the Project in Weld County. 2.12 ANALYSIS OF HYDROLOGIC, ATMOSPHERIC, GEOLOGIC, PEDOLOGIC, BIOTIC, VISUAL AND NOISE IMPACTS (213- 330(B)(15)) An analysis of hydrologic, atmospheric, geologic, pedologic, biotic, visual, and noise impacts is provided in the responses to Supplemental Questions 10 and 15 of the 1041 Questionnaire (Attachment C). DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 15 2.13 SURFACE AND SUBSURFACE DRAINAGE ANALYSIS (21-3- 330(B)(16)) Xcel Energy will comply with permit application requirements, County Standards, and construction protocol to ensure that the Project does not violate water quality standards. A Stormwater Drainage Study is provided as Attachment D. 2.14 DECOMMISSIONING PLAN (21-3-330(B)(17)) A Decommissioning Plan is provided as Attachment J. ADDITIONAL INFORMATION (21-3-330(B)(18)) No additional information has been requested to date. 3 SPECIFIC SUBMITTAL REQUIREMENTS (21-3-330)(C)) 3.1 NEED FOR THE PROPOSED DEVELOPMENT OR ACTIVITY (21-3- 330(C)(1)) 3.1.a Present Population and Total Population to Be Served (C)(1)(a) A description of the population to be served is provided in the response to Supplemental Question 15.a.i of the 1041 Questionnaire (Attachment C). 3.1.b Predominant Type of Users or Communities to Be Served (C)(1) (b) The Project is an addition of CT Units 7 and 8 to the existing Fort St. Vrain Generating Station and will add generating capacity to the Fort St. Vrain Generating Station, which will be used by communities throughout Weld County and northern Colorado. See the response to Supplemental Question 15.a.ii of the 1041 Questionnaire (Attachment C). 3.1.c Percentage of the Design Capacity of Current System (C)(1)(c) See the response to Supplemental Questions 15.a.iv and 15.a.v of the 1041 Questionnaire (Attachment C). 3.1.d Relationship of the Proposal to the Applicant's Long -Range Planning and Capital Improvements Programs (C)(1)(d) The Project will support Xcel Energy's Clean Energy Plan (Xcel Energy 2021). See the response to Supplemental Question 15.a.iv of the 1041 Questionnaire (Attachment C). DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 16 3.1.e Public Convenience and Necessity for Proposed Project (C)(1)(e) The Colorado Public Utilities Commission (CPUC) recently found that granting authority to Xcel Energy to move forward with acquiring the resources in the Alternative Portfolio, including its gas resources, is in the public interest (CPUC 2024). The CPUC furthermore found that thermal generation such as that proposed with the Project is a necessary component of the CEP set forth for within the 2021 Electric Resource Plan and Clean Energy Plan that guides energy development goals of Xcel Energy (CPUC 2024). The Project allows Xcel Energy to construct thermal generation in order to boost system reliability while the CEP is being implemented (CPUC 2024). See the response to Supplemental Question 15.a.v of the 1041 Questionnaire (Attachment C). 3.1.f User Needs and User Patterns to Be Fulfilled (C)(1)(f) A detailed description of user needs and user patterns to be fulfilled by the Project are described in the response to Supplemental Question 15.a.v of the 1041 Questionnaire (Attachment C). Generally, the user needs and patterns are for electricity and the Project helps to continue to provide consistent electricity to agricultural, residential, commercial, and industrial customers. 3.1.g Relationship to Other Existing and Planned Utility or Energy Generation and Transmission Facilities, Local Government Capital Improvement Programs, or Special District Expansion Program (C)(1)(g) A detailed description of the relationship of the Project to other existing and planned energy generation and transmission facilities is provided in the response to Supplemental Question 15.a.vii of the 1041 Questionnaire (Attachment C). The Project is not related to local government capital improvement programs or special district expansion programs. This project is supportive of the continued provision of electricity to users in northern Colorado and Weld County and is approved by the CPUC. The CPUC recently found that granting authority to Xcel Energy to move forward with acquiring the resources in the Alternative Portfolio, including its gas resources, is in the public interest. The CPUC furthermore found that thermal generation such as that proposed with the new CT Units 7 and 8 is a necessary component of the CEP set forth for within the 2021 Electric Resource Plan and CEP that guides energy development goals of Xcel Energy. The Project allows for Xcel Energy to construct thermal generation in order to boost system reliability while the CEP is being implemented. DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 17 3.2 ENVIRONMENTAL IMPACT ANALYSIS (21-3-330(C)(2)) 3.2.a Land Use (C)(2)(a)) Relationship of Project to Local Land Use, Policies, and Comprehensive Plans (C)(2)(a)(i) A description of federal, state, and local permits and approvals that may be required prior to the Project construction is provided in the response to Supplemental Question 15.b.i of the 1041 Questionnaire (Attachment C). An analysis of the Project consistency with the Weld County Comprehensive Plan is provided as Attachment K. Agricultural Productivity Capability of the Land Affected by the Proposal (C)(2)(a)(ii) The Project will not diminish agricultural productivity as explained in the response to Supplemental Question 15.b.ii of the 1041 Questionnaire (Attachment C). 3.2.a.s1 Use of Existing Easements or Rights -of -Way for Associated Distribution or Collector Networks (C)(2)(a)(iii) The Project does not require associated distribution or collector networks; therefore, this requirement is not applicable. 3.2.b Information Regarding Other Utility Facilities (C)(2)(b) 3.2.b.7 Map each Existing Major Facility of a Public Utility of the Type Proposed for Development (5) (C) (2) (b) (i) A map showing existing natural gas power plants within Weld County is provided as Attachment F. 3.2.c Water Resources (C)(2)(c)) Map of Floodplains and Potential Impacts Associated with Proposal (C)(2)(c)(i) A map showing floodplains within the vicinity of the Project is provided as Attachment L. The Project avoids regulated floodplains associated with Saint Vrain Creek and South Platte River as described in the response to Supplemental Question 15.c.i of the 1041 Questionnaire (Attachment C). DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 18 Potential Adverse Effects Upon Plant and Animal Life (C) (2) (c) (ii) The Project will avoid or minimize impacts to plant and animal life. The Project area and TCA have already been disturbed and are generally not supportive of plant and animal life. An analysis of potential adverse effects to plant and animal life is provided in the response to Supplemental Question 15.c.ii of the 1041 Questionnaire (Attachment C). 3.2.d Significant Environmentally Sensitive Factors (C)(2)(d) 3.2.d.1 Map of and Description of Impacts on Sensitive Features Present in the Proposed Development or Activity and Its Vicinity (C) (2) (d) (i) A map of Significant Environmentally Sensitive Factors is provided as Attachment M. A description of potential impacts on sensitive features is provided in the subsections below and in the response to Supplemental Questions 15.d.i through 15.d.v.ii of the 1041 Questionnaire (Attachment C). Marshlands and Wetlands (C)(2)(d)(i)(a) The Project area does not include any marshlands and wetlands. An analysis of potential impacts to marshlands and wetlands is provided in the response to Supplemental Question 15.d.i of the 1041 Questionnaire (Attachment C). Groundwater Recharge Areas (C)(2)(d)(i)(b) No groundwater recharge areas have been identified within the Project area. An analysis of potential impacts to groundwater recharge areas is provided in the response to Supplemental Question 15.d.ii of the 1041 Questionnaire (Attachment C). Potential Natural Hazards (C)(2)(d)(i)(c) No significant natural hazards have been identified in the areas planned for the Project development in Weld County. An analysis of potential impacts to potential natural hazards and risks from potential natural hazards is provided in the response to Supplemental Question 15.d.iii of the 1041 Questionnaire (Attachment C). Forests and Woodlands (C)(2)(d)(i)(d) The Project is not located in the area of any forests or woodlands. An analysis of potential impacts to forests and woodlands is provided in the response to Supplemental Question 15.d.iv of the 1041 Questionnaire (Attachment C). DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 19 Critical Wildlife Habitat (C)(2)(d)(i)(e) An analysis of potential impacts to wildlife species is provided in the response to Supplemental Question 15.d.v of the 1041 Questionnaire (Attachment C). Public Outdoor Recreation Areas (C)(2)(d)(i)(f) No impacts to recreation areas are anticipated; see the response to Supplemental Question 15.d.vi of the 1041 Questionnaire (Attachment C). No public outdoor recreation areas are on the subject parcel, and none are located within the Project area. Unique Areas of Geologic, Historic or Archeological Importance (C)(2)(d)(i)(g) An analysis of areas of geologic, historic, or archaeological importance is provided in the response to Supplemental Question 15.d.vii of the 1041 Questionnaire (Attachment C ) 3.2.e Visual Aesthetics and Nuisance Factors (C)(2)(e)) Key Facility Viewing Locations, Facility Simulations, and Pollution or Obnoxious Odors (C)(2)(e)(i)) An analysis of potential visual impacts and noise and nuisance factors is provided in the response to Supplemental Question 15.e.i of the 1041 Questionnaire (Attachment C). Visual analysis from key locations where the Project can be viewed are provided in Attachment N. Map or Describe Area within View of Project (C) (2) (e) (II) Visual analysis from key locations where the Project can be viewed are provided in Attachment N. An analysis of the area within view of the Project is provided in the response to Supplemental Question 15.e.ii of the 1041 Questionnaire (Attachment C). 3.2.e.7 Describe Mitigation Strategies (C)(2)(e)(iii) Proposed mitigation strategies to minimize visual impacts, noise, and nuisance factors are provided in the response to Supplemental Question 15.e.iii of the 1041 Questionnaire (Attachment C). DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 20 Transportation Impacts (C)(2)(f) Impacts upon Transportation Patterns (C)(2)(f)(i) Construction of the Project is not expected to cause significant effects to Weld County transportation and any impacts will be temporary in nature; see the response to Supplemental Question 15.f.i of the 1041 Questionnaire (Attachment C). Impacts on County Roads (C)(2)(t)(ii) Temporary impacts to Weld County roads are described in the response to Supplemental Question 15.f.ii of the 1041 Questionnaire (Attachment C). Necessary road use and right-of-way permits will be obtained from Weld County as needed prior to construction. Required Improvements to County Roads (C) (2) (f) (iii) Improvements to County Roads are not anticipated to be required. The Project does not warrant improvements to the County Roads proposed to be used as detailed in the Haul Route Map (Attachment S). 3.2.g Less Damaging Alternatives (C)(2)(g) Potential for Significant Environmental Damage (C)(2)(g)(i) An analysis of alternatives considered is summarized in the response to Supplemental Question 9 of the 1041 Questionnaire (Attachment C). Information on the Environmental Impacts and Cost -Effectiveness of the Alternatives (C) (2) (g) (II) An analysis of alternatives considered is summarized in the response to Supplemental Question 9 of the 1041 Questionnaire (Attachment C). 3.3 ADDITIONAL REQUIREMENTS FOR SITE SELECTION AND CONSTRUCTION OF TRANSMISSION LINES OR SUBSTATIONS (21-3-330(C)(3)) Not applicable. The Project does not propose site selection or construction of transmission lines or substations. DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 21 4 WAIVER OF SUBMITTAL REQUIREMENTS (21-3-330(D)) Xcel Energy is not requesting any waiver of the submittal requirements in the 1041 Regulations. Xcel Energy has not been asked to submit any additional information not required by the 1041 Regulations. 5 APPROVAL REQUIREMENTS In accordance with Section 21-3-340(A) of the Weld County, Colorado, Charter and County Code (Weld County 2024), this section describes how the site selection, construction, maintenance, and operation of the Project comply with the approval criteria for the Board of County Commissioners' approval of the Project. Each criterion from Section 21-3-340(A) is listed, followed by a description of how the Project will comply. (1) The health, welfare and safety of the citizens of this County will be protected and served. The Project is a necessary improvement to the electric generation system in Colorado. The location, construction, and operation of the Project will comply with applicable federal, state, and local regulations and is located in the existing Fort St. Vrain Generating Station which has provided power to Colorado for almost 50 years. Provision of safe and reliable electricity is a fundamental component of ensuring the health, welfare and safety of the citizens of Weld County and the Project aids in the continued provision of an absolute necessity, electricity. The Project will be designed, constructed, operated, and maintained to meet applicable standards of design and performance set forth in the National Electric Safety Code, International Organizations of Standardization (ISO) 21789 Gas Turbine Safety Standard, National Electrical Manufactures Association (NEMA) MG 2, National Fire Protection Association (NFPA) standards. The Project will be designed to minimize the risks from natural hazards, such as high winds and floods. Additional information on design and hazard avoidance and mitigation is provided in the response to Supplemental Question 3 of the 1041 Questionnaire (Attachment C). (2) The natural and socio-economic environment of this County will be protected and enhanced. The Project is sited to minimize impacts to natural resources as described in the responses to Supplemental Questions 4 and 15 of the 1041 Questionnaire (Attachment C). The Project is located at the existing Fort St. Vrain Generating Station DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 22 with the new CT Units 7 and 8 being located adjacent to the existing CT Units 5 and 6 on the subject parcel. The location of the new CT Units 7 and 8 minimizes potential n atural environment impacts that could be associated with a project of the magnitude of this Project, as the location of the new CT Units 7 and 8 is within an area already used for electricity generation and is located in an area that does not host any natural or environmentally sensitive areas. The Project will enhance the socio-economic environment in Weld County during the construction period as the construction of the Project will require contract labor which will drive potential employment opportunities for residents of Weld County. Once in operation, the Project will facilitate ongoing job opportunities and tax revenue by contributing to the continued successful electric generation from the Fort St. Vrain Generating Station. The addition of the two new CT Units 7 and 8 allows for Xcel Energy to increase grid stability by providing electric generation that can be used to balance potential intermittency of renewable energy sources. Supporting renewable energy sources increases the viability of renewable energy development within Weld County and n orthern Colorado, providing additional job opportunities for Weld County residents. The provision of reliable and safe electricity is paramount to the economic success of any community. (3) All reasonable alternatives to the proposed action, including use of existing rights - of -way and joint use of rights -of -way wherever uses are compatible, have been adequately assessed and the proposed action is compatible with and represents the best interests of the people of the County and represents a fair and reasonable utilization of resources in the impact area. The CPUC recently found that granting authority to Xcel Energy to move forward with acquiring the resources in the Alternative Portfolio, including its gas resources, is in the public interest (CPUC 2024). The CPUC furthermore found that thermal generation such as that proposed with the Project is a necessary component of the CEP set forth for within the 2021 Electric Resource Plan and CEP that guides energy development goals of Xcel Energy. The Project allows for Xcel Energy to construct thermal generation in order to boost system reliability while the CEP is being implemented. The Project is approved by the CPUC and it represents the use and application of best technology and industry standards for generating electric energy. The Project utilizes the best available technology to continue to provide reliable electricity generation to u sers in Weld County and northern Colorado. (4) A satisfactory program to mitigate and minimize adverse impacts has been presented. DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 23 The Project will mitigate and minimize adverse impacts as described in the responses to Supplemental Question 15 of the 1041 Questionnaire (Attachment C). The location of CT Units 7 and 8 at the existing Fort St. Vrain Generating Station next to existing CT Units 5 and 6 helps to mitigate and minimize potential adverse impacts that could be associated with a project of the magnitude of the Project. (5) The nature and location or expansion of the facility complies with all applicable provisions of the master plan of this County, and other applicable regional, metropolitan, state, and national plans. The Project is not inconsistent with any adopted county, regional, metropolitan, or state master plans or comprehensive plans. An analysis of the Project consistency with the Weld County Comprehensive Plan (Weld County, Colorado, Charter and County Code Chapter 22, Comprehensive Plan; Weld County 2024a) is provided as Attachment K. Weld County Zoning Case Z-76 establishing the zoning of the Parcel as 1-3 (Heavy Industrial). The power plant use of the subject parcel was established by the Zoning Case Z-76 and a power plant use of the subject parcel has remained since Zoning approval. The Project is located within a Weld County Opportunity Zone (Weld County 2024). Opportunity Zones as defined by the Weld County Comprehensive Plan are areas where "zone changes to C (Commercial), I (Industrial), and Planned Unit Development containing C and I uses are preferred". The Project is included in the 1-3 (Heavy Industrial) Zone, is designated an Urban Land Use, and is located within a Weld County Opportunity zone, all of which is supportive land use and zoning for the Project. Regarding transportation, the Project will mitigate impacts to Weld County roads through use of BMPs and traffic control during construction, and post -construction restoration. As detailed in the response to criteria 3, the Project has received approval from the CPUC and has been identified as a key component to the execution of the CEP. (6) The nature and location or expansion of the facility does not unduly or unreasonably impact existing community services. The Project will not negatively affect the existing emergency health care facilities, social services, or law enforcement services as described in the response to Supplemental Question 4 of the 1041 Questionnaire (Attachment C). The Project does not change land use in the immediate area as the Project represents an addition to the current existing permitted Fort St. Vrain Generating Station. Current uses adjacent to the Project will not be impacted by the Project as the Project is located within the existing Fort St. Vrain Generating Station, thereby preserving desirable community and rural patterns which currently exist. Adjacent agricultural activities will not be impacted by the Project. The Project will not negatively impact existing DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 24 community facilities such as roadways, utilities, and natural resources as the Project is located on a parcel already approved for the use of the Project and on a parcel that is designed and laid out to be supportive of the proposed use. The Project will enhance the continued provision of electricity to Weld County and northern Colorado at large. (7) The nature and location or expansion of the facility will not create an expansion of the demand for government services beyond the reasonable capacity of the community or region to provide such services, as determined by the Board of County Commissioners. The Project will not require additional local government services beyond those currently provided in the area. The Project creates no additional demand for transportation infrastructure, educational facilities, housing, water (other than water for construction), wastewater treatment, or public transportation. The Fort St. Vrain Generating Facility is located within the Platteville-Gilcrest Fire District. The Project will not cause any additional demand for fire protection services as the existing fire protection system serving the Fort St. Vrain Generating Station has the capacity to support the new CT Units 7 and 8. As described in the response to Supplemental Question 10 of the 1041 Questionnaire (Attachment C), it is anticipated that an average of 10 semitrucks per day will be utilized during peak construction activities. On average 4 concrete truck deliveries will be made daily. On average, one construction equipment delivery per day is expected. One lattice boom crane and four forklifts will be delivered to the Project area. The impact to local roads will vary day-by-day during the construction process. Traffic Control Plans will be prepared and followed during construction to reduce potential impacts to traffic on Weld County roads during construction. (8) The facility site or expansion area is not in an area with general meteorological and climatological conditions which would unreasonably interfere with or obstruct normal operations and maintenance. The Project is not located in an area with meteorological or climatological conditions that would unreasonably interfere with normal operations and maintenance. The Project is designed to minimize the risks from natural hazards such as high winds and floods. (9) The nature and location of the facility or expansion will not adversely affect the water rights of any upstream, downstream, or agricultural users, adjacent communities or other water users. No adverse effects to water rights of any upstream, downstream, or agricultural users, adjacent communities or other water users are anticipated. DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 25 (10)Adequate water supplies are available for facility needs. Water trucks will be utilized during construction to wet gravel roads. Included with this application is a letter from Central Weld County Water District describing the water service provided to the subject parcel and describes the capacity of Central Weld County Water District to continue to serve the subject parcel, see Attachment Y. (11) The nature and location of the facility or expansion will not unduly interfere with any existing easements for or rights -of -way, for other utilities, canals, mineral claims, or roads. Public Service Company of Colorado owns the subject parcel that the Project will be built on. The Project is sited to avoid any existing easements or rights -of -way, for other utilities, canals, mineral claims, or roads. (12)Adequate electric, gas, telephone, water, sewage, and other utilities exist or shall be developed to service the site. Adequate gas, telephone, water, sewage, or other utility services are present at the subject parcel and the Project will not require any services to be developed. (73) The nature and location for expansion of the facility will not interfere with any significant wildlife habitat or adversely affect any endangered wildlife species, unique natural resource or historic landmark within the impact area. Sensitive natural resources and wildlife interests were not located within the Project area. The Project will not affect unique natural resources or historic landmarks in Weld County. (74) The nature and location or expansion of the facility, including expected growth and development related to the operation and provision of service, will not significantly deteriorate water or air quality in the impact area. Construction activities will be performed by methods that prevent entrance or accidental spillage of solid matter, contaminants, debris, or other pollutants and wastes into flowing streams or dry watercourses, lakes, and underground water sources. Activities will follow BMPs for the management of waste to avoid and minimize effects from potential spills or other releases to the environment. Construction of the Project will not create runoff in excess of previous levels and will not change existing topography or adversely affect drainage. No alteration in the pattern or intensity of surface drainage will occur as a result of construction or operation of the Project. DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 26 Xcel Energy will comply with permit application requirements, Weld County standards, and construction protocols to ensure that the Project does not affect water quality. Prior to construction, a Storm Water Permit for Construction Activities will be obtained from CDPHE, and a site -specific Stormwater Management Plan (SWMP) will be developed. S hort-term effects to air quality are anticipated from a temporary increase in construction vehicles, which may increase fumes and fugitive dust, construction equipment exhaust (fumes), and clearing and preparing areas for construction (dust). The short-term effects are not expected to cause a public nuisance. If a nuisance arises during construction, the nuisance will be mitigated in coordination with Weld County. A Construction Permit application was submitted to the Colorado Air Pollution Control Division on April 30, 2024 and is included as Attachment O. The application included the required Air Pollutant Emissions Notice (APEN) forms (for CT Units 7 and 8, and CT U nit 2). The application covers the addition of the CT Units 7 and 8 as well as the addition of SCR controls on the existing CT Unit 2. When issued, the permit will include requirements for the CT Units 7 and 8 and the existing CT Unit 2 which is impacted from a NOx standpoint because the reduction in NOx emissions from the addition of the S CR controls is being done to offset NOx emissions from the two new CT Units 7 and 8. Xcel Energy will apply for a CDPHE APEN for land development prior to construction and follow state standards to control the release of fugitive dust related to construction, if necessary. The APEN will be required for a disturbance greater than 25 contiguous acres and land development activities longer than 6 months. (15) The geological and topographic features of the site are adequate for all construction, clearing, grading, drainage, vegetation, and other needs of the facility construction or expansion. Xcel Energy has conducted a geotechnical study and included that study with this application as Attachment V. In addition to the geotechnical study, Xcel Energy has institutional knowledge of the area because Xcel Energy owns and operates the existing Fort St. Vrain Generation Station, which include the existing CT Units 5 and 6 that were installed in 2009. CT Units 5 and 6 are similar in nature and function to the proposed CT U nits 7 and 8. Based upon investigations to date and knowledge of the area, Xcel Energy does not believe there are significant risks from geological hazards associated with the Project. The Parcel is relatively flat with little variation in topography. The Project will not significantly change the existing topography. (76) The existing water quality of affected state waters will not be degraded below state and federal standards or established baseline levels. DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 27 Construction activities will be performed by methods that prevent entrance or accidental spillage of solid matter, contaminants, debris, and other pollutants and wastes into flowing streams or dry watercourses, lakes, and underground water sources. Activities will follow BMPs for the management of waste to avoid and minimize effects from potential spills or other releases to the environment. Water quality will be maintained during construction through BMPs and the site -specific SWMP. The Project will not impact the quantity or quality of water flowing off of the subject parcel. (17) The proposed project will not have a significantly adverse net effect on the capacities or functioning of streams, lakes and reservoirs in the impact area, nor on the permeability, volume, recharge capability, and depth of aquifers in the impact area. The Project avoids any wetlands, streams, lakes, and reservoirs as none are located within the subject parcel. Water quality will be maintained during construction through BMPs and the site -specific SWMP. The Project will not impact aquifers. See Attachment L for a map of water resources including floodplain, hydrology and water body information in the vicinity of the Project. (78) The benefits of the proposed developments outweigh the losses of any natural resources or reduction of productivity of agricultural lands as a result of the proposed development. Construction and operation of the Project will result in minimal permanent impacts to natural resources or agricultural lands. The Project is located on a parcel owned by Public Service Company of Colorado that has been zoned 1-3 (Heavy Industrial) since 1976 when the Weld County Zoning Case Z-76 established the zoning of the Parcel as 1-3 (Heavy Industrial). The subject parcel has been operated as a power plant since its zoning approval and the proposed use continues that use of the property. The land use of the subject parcel allows for electric generation such as that proposed to continue to be the use of the subject parcel. The development of the Project in Weld County is anticipated to provide local economic benefits during construction and will benefit consumers by continuing to provide consistent electricity. The Project will enhance the continued provision of electricity to Weld County and northern Colorado at large. (19) The applicant has obtained or will obtain all property rights, permits and approvals necessary for the proposed project, including surface, mineral and water rights and easements for drainage, disposal, utilities, access, etc. If the applicant has not obtained all necessary property rights, permits and approvals, the Board may, at its discretion, grant the permit conditioned upon completion of the acquisition of such rights prior to issuance of a zoning or building permit by the County. DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 28 Prior to commencing each component of the Project, Xcel Energy will obtain all applicable permits and approvals necessary for such component of the Project. All property rights for the Project have been obtained, as evidenced by the Title Commitment included with this application as Attachment H. (20) The proposed project (nonlinear facilities) will not present an unreasonable risk of exposure to or release of toxic or hazardous substances within the impact area. The determination of effects of the project shall include the following considerations: (a) The means by which outdoor storage facilities for fuel, raw materials, equipment and related items are adequately enclosed by a fence or wall. Xcel Energy anticipates a 2,388 -gallon, double -walled, red -dye diesel tank will be stored on the subject parcel in support of the Project construction operations. A 500 -gallon gasoline fuel cube will be kept at the maintenance shop on the subject parcel. 5 -gallon gas cans for small tools and aerosols (spray paint) will be kept in flame cabinets away from the power block. For chemicals and waste storage, a Connex with double wall containment will be used to store materials until those materials can be tested, verified, and then removed for disposal. The Connex will be located in the temporary parking and laydown yard area within the Project area. In addition to storage of fuel and chemicals, raw materials such as construction materials, aggregate, and earthwork will be stored within a temporary 8.1 -acre laydown yard and temporary 2.5 -acre stockpile area. Equipment and vehicles associated with construction activities will be located within the temporary parking areas. All materials, fuel, equipment, and related items listed above will be located within a permanently fenced in area that encompasses the TCA and Project Area. The fuel storage discussed in this section will be removed from site once construction and post construction activities are completed. (b) The likelihood of hazardous materials or wastes being moved off the site by natural causes or forces. It is unlikely that hazardous materials or wastes will be moved off the subject parcel by natural causes or forces. While hazardous materials or wastes will be stored on the subject parcel, they will be done in a safe and secure manner. Construction waste will be contained in numerous roll -off dumpsters, tippy dumpsters, and trash cans around the site. Debris, junk, and other waste will be hauled off site on a regular schedule. Required federal, state, and county construction and waste management procedures will be followed to prevent accidental spills or runoff of sediment or contaminants to waterbodies or groundwater. Once construction has been completed, construction equipment and materials will be removed from the site and waste products from the construction process will be properly disposed of as needed. Areas that will not be needed for operations and maintenance will be reclaimed in a manner generally similar DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 29 to their condition before construction. The management, transportation, and disposal of waste generated by the Project will be in accordance with applicable local, state, and federal regulations. (c) Containment of inflammable or explosive liquids, solids or gases. Xcel Energy anticipates a 2,388 -gallon, double -walled, red -dye diesel tank will be stored on the subject parcel in support of the Project construction operations. A 500 -gallon gasoline fuel cube will be kept at the maintenance shop on the subject parcel. 5 -gallon gas cans for small tools and aerosol cans (spray paint) will be kept in flammable liquid storage cabinets away from the power block. The fuel storage discussed in this section will be removed from site once construction and post construction activities are completed. (21) The scope and nature of the proposed project will not unnecessarily duplicate existing services within the County. The scope of the Project does not duplicate any existing services within Weld County. The Project fills a need for increased stability of electricity -generating capacity as detailed within the CEP. The Project will enhance the continued provision of electricity to Weld County and northern Colorado at large. (22) If the purpose and need for the proposed project are to meet the needs of an increasing population within the County, area and community development and population trends demonstrate clearly a need for such development. The Project will provide reliable, safe and affordable power to 1.6 million Coloradans who depend on Xcel Energy for electric service. The Project will enhance the continued provision of electricity to Weld County and northern Colorado at large. 6 1041 USR PROCEDURAL GUIDE PLANNING REQUIREMENTS CHECKLIST 6.1 PRE -APPLICATION MEETING MINUTES Xcel Energy participated in a pre -application meeting with Weld County representatives on December 13, 2024. A copy of the pre -application meeting minutes provided by Planning Services is provided as Attachment Q. DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 30 6.2 APPLICATION FORM The completed application form is provided as Attachment I. 6.3 AUTHORIZATION FORM Public Service Company of Colorado is the fee owner of the property subject to this Application. 6.4 ARTICLES OF ORGANIZATION OR INCORPORATION The Articles of Incorporation of Xcel Energy are provided as Attachment R. 6.5 1041 QUESTIONNAIRE The completed 1041 Questionnaire, which addresses Supplemental Questions for 1041 major facilities of public utilities, Planning questions, Environmental Health questions, Engineering questions, and Building questions, is provided as Attachment C. 6.6 CERTIFIED LIST OF THE NAMES, ADDRESSES, AND PARCEL NUMBERS OF THE SURROUNDING PROPERTY OWNERS Attachment G contains a certified list of names, addresses, and the corresponding Parcel Identification Numbers assigned by the County Assessor of the owners of property within 1,320 feet of the parcel where the Project will be located. 6.7 NAMES AND ADDRESSES OF ANY OWNER, OPERATOR OF ANY IRRIGATION DITCH, LATERAL, OR PIPELINE ON THE PROPERTY The names and addresses of the owner/operator of any irrigation ditch, lateral, or pipeline on the parcels crossed by the proposed transmission route is included as Attachment S. The Beeman Ditch is located south of the Project area and will not be impacted by the Project. Xcel Energy has reached out to Beeman Ditch to notify the ditch company of the Project. 6.8 SURFACE USE AGREEMENT WITH MINERAL OWNERS Mineral estate owners are listed in Attachment AA. Xcel Energy will address mineral estate owner notification and related matters pursuant to C.R.S. § 24-65.5-103. 6.9 DEED A copy Xcel Energy's deed for the subject parcel is provided as Attachment H. DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 31 6.10 CERTIFICATE OF CONVEYANCES Conveyances are not required for the Project. 6.11 STATEMENT OF TAXES Xcel Energy has no delinquent taxes for the parcels owned by it in Weld County, as demonstrated in Attachment T. 6.12 EVIDENCE OF ADEQUATE WATER SUPPLY See evidence of adequate water supply in the form of a Will Serve letter from Central Weld Water District (Attachment Y). 6.13 EVIDENCE OF ADEQUATE SEWAGE DISPOSAL The Project will utilize the existing sewage treatment facilities which have capacity to handle to any sewage disposal needs from the Project, as confirmed by Xcel Energy and shown in Attachment Z. During construction portable toilets will be utilized and will be removed from the subject parcel upon completion of construction of CT Units 7 and 8. 6.14 NOTICE OF INQUIRY FORM Xcel Energy understands that Weld County will initiate this form if required for the Project. 6.15 DRAINAGE NARRATIVE A Drainage Narrative is provided in the response to Engineering Question 3 in the 1041 Questionnaire (Attachment C). A Stormwater Drainage Study is included with this application as (Attachment D). 6.16 TRAFFIC NARRATIVE 1. Describe how many roundtrips/day are expected for each vehicle type: Passenger Cars/Pickups, Tandem Trucks, Semi-Truck/Trailer/RV (Roundtrip = One (1) trip in and One (1) trip out of site). See the response to Engineering Question 1.b in the 1041 Questionnaire (Attachment C). 2. Describe the expected travel routes or haul routes for site traffic. DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 32 The haul route to the subject parcel will utilize the existing access from the Fort St. Vrain Generating Station on to Weld County Road 19.5. From the access point, the haul route will travel south on Weld County Road 19.5 to Weld County Road 34 where it will travel east 0.5 miles to Weld County Road 21 and then travel south to State Highway 66 where the route will then travel east along State Highway 66 to its intersection with US Highway 85 in Platteville, CO. See the proposed haul route as shown in the Haul Route Map (Attachment S). Once traffic is on the subject parcel, temporary internal haul routes as shown on the USR Map (Attachment B) will be utilized. 3. Describe the travel distribution along the routes (e.g., 50% of traffic will come from the north, 20% from the south, 30% from the east, etc.). See the response to Engineering Question 1.d in the 1041 Questionnaire (Attachment C). 4. Describe the time of day that you expect the highest traffic volumes. The highest traffic volumes will occur between 6 a.m. and 8 a.m. when personnel arrive to begin work. Deliveries will be mostly between 7:30 a.m. and 12 p.m. On days that concrete is being poured, traffic associated with concrete trucks will be between 2 p.m. and 6 p.m. End -of -day traffic is expected to peak between 4:30 p.m. and 6 p.m. See the response to Engineering Question 1.e in the 1041 Questionnaire (Attachment C). 6.17 SIGN PLAN No signage is proposed. 6.18 NUISANCE ABATEMENT PLAN No nuisances are anticipated as a result of the Project. See the response to Supplemental Question 15.e in the 1041 Questionnaire (Attachment C) and see Attachment O for the noise study. 6.19 LANDSCAPE AND SCREENING PLAN A landscaping plan is not proposed as a part of the Project. Visual analysis from key locations where the Project can be viewed are provided in Attachment N. The anticipated impact to views from public right of way and surrounding areas is provided in the response to Planning Question 1.m in the 1041 Questionnaire (Attachment C). No new major visual impacts or material changes to the existing visual impacts of the Fort St. Vrain Generating Station are anticipated from the Project and no screening plan is proposed. DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 33 6.20 DECOMMISSIONING PLAN The Decommissioning Plan is provided as Attachment J. 6.21 EMERGENCY INCIDENT ACTION PLAN Xcel Energy's Fort St. Vrain Generating Station is staffed 24 hours a day and all equipment is monitored and controlled from the onsite control rooms where event response is coordinated. In the rare event of an emergency, onsite operations staff will likely be aware of an issue before the general public or emergency responders. The site is secured by a perimeter fence line to prevent access by the general public and all other unauthorized personnel. If emergency responders are needed the onsite operating staff will make the call for help from the control rooms. Emergency responders will be met by onsite operations staff and escorted to the location of the needed emergency services. Xcel Energy personnel receive safety training for handling emergency situations including review of the site -specific Emergency Action Plan. Xcel Energy also coordinates closely with local fire departments and first responders and consults with them to discuss any concerns within their response area. Xcel Energy offers free online safety training to fire departments and first responders that is based on national standards through the Responding to Utility Emergencies Program. The Weld County 1041 USR Procedural Guide Major Facility of a Public Utility includes a requirement for a draft emergency incident action plan if applicable. Xcel Energy's Emergency Response Procedures are provided as Attachment U. Xcel Energy also coordinates closely with local fire departments and first responders and consults with them to discuss any concerns within their response area. Xcel Energy offers free online safety training to fire departments and first responders that is based on national standards through the Responding to Utility Emergencies Program. NOISE STUDY The Project will remain within state and county noise statutes as described in the response to Supplemental Question 15.e of the 1041 Questionnaire (Attachment C). A noise study is included with the 1041 Application, see Attachment O. 6.22 SOIL REPORT A Soil Report of the subject parcel prepared by the Natural Resource Conservation Service is provided as Attachment V. 6.23 COMMUNITY MEETING SIGN -IN SHEET, MINUTES, AND SUMMARY Weld County is not requiring a community meeting for the Project. DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 34 6.24 APPLICATION FEE The application fee will be submitted once this Application has been deemed complete by Weld County. 6.25 INVESTIGATION FEE Not applicable. 6.26 PLANNED ACCESS AND ACCESS AGREEMENTS See Section 1.1.d of this Application. 6.27 NAMES AND ADDRESSES OF PERSONS OR ENTITIES WITH AN INTEREST IN ANY REAL PROPERTY PROPOSED TO BE PHYSICALLY DISTURBED OR CROSSED The parcel is owned in fee by Public Service Company of Colorado. The contact information for Public Service Company of Colorado per the Weld County Property Portal (Weld County 2024) is: Public Service Company of Colorado Tax Service Department P.O. Box 1979 Denver, CO 80201-1979. 6.28 NAMES AND ADDRESSES OF MINERAL INTEREST HOLDERS WITH AN INTEREST IN ANY REAL PROPERTY PROPOSED TO BE PHYSICALLY DISTURBED OR CROSSED See response to Section 6.8, Surface Use Agreement with Mineral Owners, of this Application. 6.29 1041 USR MAP The 1041 USR Map is provided as Attachment B. 6.30 MAP SHOWING AREA WITHIN TEN MILES OF THE SITS A map showing the area within 10 miles of the Project is provided as Attachment F DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 35 6.31 MAP SHOWING EACH MAJOR FACILITY OF A PUBLIC UTILITY WITHIN THE COUNTY OF THE TYPE PROPOSED A map showing existing natural gas power plants within Weld County is provided as Attachment F. 6.32 MAP OF FEATURES PRESENT IN THE VICINITY AND POTENTIAL IMPACT OF THE PROPOSAL The Significant Environmentally Sensitive Factors Map (Attachment M) includes the following features in the vicinity of the proposed transmission line subject to this Application: • Marshlands and wetlands • Groundwater recharge areas if applicable. • Potential natural hazards • Forests and woodlands • Critical wildlife habitat • Public outdoor recreation areas • Unique areas of geologic, historic or archeological importance The discussion of significant environmentally sensitive factors is included in Section 3.2.d of this 1041 Application and the response to Supplemental Question 15.b, 15.c, and 15.d of the 1041 Questionnaire (Attachment C). 7 COMPLIANCE WITH REVIEW CRITERIA 23-2-220.A AND 23-2- 230.B 1. That the proposal is consistent with in Chapter 22 (the Weld County Comprehensive Plan) and any other applicable code provisions or ordinances in effect. An analysis of the Project consistency with the Weld County Comprehensive Plan is provided as Attachment K. 2. That the proposal is consistent with the intent of the district in which the use is located. DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 36 The Project is located in the 1-3 (Heavy Industrial) zone district and is consistent with the intent of this district as described in the response to Planning Question 3 of the 1041 Questionnaire (Attachment C). 3. That the uses which would be permitted will be compatible with the existing surrounding land uses. The Project is located in the 1-3 (Heavy Industrial) zone district and is compatible with existing land use as described in the response to Planning Question 1.b of the 1041 Questionnaire (Attachment C). 4. That the uses which would be permitted will be compatible with the future development of the surrounding area as permitted by the existing zone and with future development as projected by Chapter 22 of this Code and any other applicable code provisions or ordinances in effect, or the adopted master plans of affected municipalities. The Project is compatible with future development as described in the response to Planning Question 4 of the 1041 Questionnaire (Attachment C). 5. That the application complies with Articles V and XI of this Chapter if the proposal is located within an overlay zoning district or a special flood hazard area identified by maps officially adopted by the county. The Project is not located within an overlay zoning district or special flood hazard area. 6. That if the use is proposed to be located in the A (Agricultural) Zone District, the applicant has demonstrated a diligent effort has been made to conserve prime farmland in the locational decision for the proposed use. The Project is not located in an area of prime farmland as described in the response to Planning Question 6 of the 1041 Questionnaire (Attachment C). 7. That there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the county. The Project will not interfere with the protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County as described in the response to Planning Question 7 of the 1041 Questionnaire (Attachment C). 8 COMPLIANCE WITH DESIGN STANDARDS 23-2-240.A 1. Adequate water service in terms of quality, quantity and dependability is available to the site to serve the uses permitted. DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 37 Included with this application is a letter from Central Weld County Water District describing the water service provided to the subject parcel and describes the capacity of Central Weld County Water District to continue to serve the subject parcel, see Attachment Y. No adverse effects to water rights of any upstream, downstream, or agricultural users, adjacent communities or other water users is anticipated. 2. Adequate sewer service is available to the site to serve the uses permitted. The Project will utilize the existing sewage treatment facilities which have capacity to handle to any sewage disposal needs from the Project, as confirmed by Xcel Energy and shown in Attachment Z. Portable toilets will be utilized during construction and once construction of CT Units 7 and 8 are completed will be removed from the subject parcel. 3. If soil conditions on the site are such that they present moderate or severe limitations to the construction of structures or facilities proposed for the site, the applicant has demonstrated how such limitations can and will be mitigated. Xcel Energy has conducted a geotechnical study and included that study as Attachment V. In addition to the geotechnical study, Xcel Energy has institutional knowledge of the area because it owns the existing Fort St. Vrain Generating Station, which includes the existing CT Units 5 and 6 that were installed in 2009. CT Units 5 and 6 are similar in nature and function to the proposed CT Units 7 and 8. Based upon investigations to date and knowledge of the area, Xcel Energy does not believe there are significant risks from soil conditions associated with the Project. 4. Adequate fire protection measures are available on the site for the structures and facilities permitted. Xcel Energy's Fort St. Vrain Generating Station is staffed 24 hours a day and all equipment is monitored and controlled from the onsite control rooms where event response is coordinated. In the rare event of an emergency, onsite operations staff will likely be aware of an issue before the general public or emergency responders. The site is secured by a perimeter fence line to prevent access by the general public and all other unauthorized personnel. If emergency responders are needed the onsite operating staff will make the call for help from the control rooms. Emergency responders will be met by onsite operations staff and escorted to the location of the needed emergency services. Xcel Energy personnel receive safety training for handling emergency situations including review of the site -specific Emergency Action Plan. Xcel Energy also coordinates closely with local fire departments and first responders and consults with them to discuss any concerns within their response area. Xcel Energy offers free online safety training to fire departments and first responders that is based on national standards through the Responding to Utility Emergencies Program. The Weld County 1041 USR Procedural Guide Major Facility of a Public Utility includes a DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 38 requirement for a draft emergency incident action plan if applicable. Xcel Energy's Emergency Response Procedures are provided as Attachment U. Xcel Energy also coordinates closely with local fire departments and first responders and consults with them to discuss any concerns within their response area. Xcel Energy offers free online safety training to fire departments and first responders that is based on national standards through the Responding to Utility Emergencies Program. The existing Fort St. Vrain Generating Station can support the fire water, potable water, and service water needs for the new CT Units 7 and 8. The underground fire water system at CT Units 5 and 6 will be tied to the new CT Units 7 and 8 at two locations. A new fire loop with hydrants will be installed for the new CT Units 7 and 8. See Attachment U for the Emergency Response Procedures. 5. Uses shall comply with the stormwater drainage criteria requirements set forth in this Code. A Drainage Narrative is provided in the response to Engineering Question 3 in the 1041 Questionnaire (Attachment C) and a Stormwater Drainage Study (Attachment D) is included with the application. 6. All parking and vehicle storage shall be provided on the site. Parking and loading areas shall be designed and constructed in accordance with Division 1 of Article IV of this Chapter. No public parking spaces are needed for the Project. Temporary parking for construction employees is shown in Attachment B. No permanent public parking spaces are required for the Project because the existing Fort St. Vrain Generating Station has sufficient parking for operation and maintenance staff. 7. The use shall comply with all the Bulk Standards requirements of the zone district. Section 23-3-340 of the Weld County, Colorado, Charter and County Code includes the bulk standards requirements of the 1-3 (Heavy Industrial) zone district. The Project complies with setback, offset, distance from oil and gas facilities, and lot coverage standards. The Project is not requesting approval of animal units. 8. The access shall be located and designed to be safe; ingress and egress shall not present a safety hazard to the traveling public or to the vehicle accessing the property. For uses generating high traffic volumes and large number of large, slow - accelerating vehicles, acceleration and deceleration lanes may be required to mitigate a potential traffic hazard. DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 39 Access to the Project will be from Weld County Road 19.5. All necessary access permits will be obtained prior to construction. See the response to Engineering Question 2 in the 1041 Questionnaire (Attachment C). 9. New accesses to public rights -of -way shall be constructed in accordance with this Code. No new access to public rights -of -way are proposed. See the response to Engineering Question 2 in the 1041 Questionnaire (Attachment C). 10. Buffering or screening of the proposed use from adjacent properties may be required in order to make the determination that the proposed use is compatible with the surrounding uses. buffering or screening may be accomplished through a combination of berming, landscaping and fencing. No screening is proposed. See the response to Planning Question 1.m in the 1041 Questionnaire (Attachment C). 11. Uses by Special Review in the A (Agricultural) Zone District shall be located on the least prime soils on the property in question unless the applicant can demonstrate why such a location would be impractical or infeasible. The Project is not located in the Agricultural Zone District (it is located in the 1-3 zone district), so this is not applicable to the Project. The Project has been sited to conserve prime farmland as described in the response to Planning Question 6 of the 1041 Questionnaire (Attachment C). 12. The placement of signs on the site shall comply with the requirements of Article IV, Division of this Chapter. No signs are proposed. 13. Trash collection areas or facilities shall be screened from public rights -of -way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind- or animal -scattered trash. Enclosed containment will be provided for trash disposal. Construction waste, including trash and litter, garbage, other solid waste, petroleum products, and other potentially hazardous materials, will be removed and taken to a disposal facility permitted to accept such materials. Construction waste will be contained in numerous roll -off dumpsters, tippy dumpsters, and trash cans around the Project area and TCA. Debris, junk and other wastes will be hauled off site every Monday, Wednesday, and Friday. The management, transportation, and disposal of waste generated by the Project will be in accordance with applicable local, state, and federal regulations. DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 40 9 COMPLIANCE WITH OPERATION STANDARDS 23-2-250 A. The operation of the USES shall comply with the noise standards enumerated in Section 25-12-101, et seq., C.R.S. The CPUC provides reasonableness determinations associated with noise and requires Certificate of Public Convenience and Necessity applicants to evaluate the expected level of noise of the proposed Project. Xcel Energy is required to meet state standards as outlined in the Code of Colorado Regulations (Section 4 Code of Colorado Regulations 723-3). See the response to Supplemental Question 15.e.i of the 1041 Questionnaire (Attachment C) and the noise study (Attachment O) for more information. B. The operation of the USES shall comply with the air quality regulations promulgated by the Colorado Air Quality Control Commission. A Construction Permit application was submitted to the Colorado Air Pollution Control Division on 4/30/2024 and is included as Attachment O. The application included the required APEN forms (for CT Units 7 & 8, and CT Unit 2). The application covers the addition of the CT Units 7 and 8 as well as the addition of SCR controls on the existing CT Unit 2. When issued, the permit will include requirements for the CT Units 7 and 8 and the existing CT Unit 2. CT Unit 2 is impacted from a NOx standpoint because the reduction in NOx emissions from the addition of the SCR controls is being done to offset NOx emissions from two new CT Units 7 and 8. Xcel Energy will determine if a General Permit GP03 — Land Development Permit with the Colorado Air Pollution Control Division for construction activities related to excavation will be required following the receipt of comments from Weld County for this 1041 application and will follow state standards to control the release of fugitive dust related to construction, as necessary. See the response to Supplemental Question 10 of the 1041 Questionnaire (Attachment C ) C. The operation of the USES shall comply with the water quality regulations promulgated by the Colorado Water Quality Control Commission. The Project will comply with applicable federal and state regulations. Xcel Energy will comply with permit application requirements, County Standards, and construction protocols to ensure that the Project does not violate water quality standards. Prior to construction, a Storm Water Permit for Construction Activities will be obtained from CDPHE. An analysis of water resources impacts and control measures is provided in the response to Supplemental Question 15 and Engineering Question 3 of the 1041 Questionnaire (Attachment C). D. The USES shall comply with the following lighting standards: DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 41 1. Sources of light, including light from high -temperature processes such as combustion or welding, shall be shielded so that light rays will not shine directly onto ADJACENT properties where such would cause a nuisance or interfere with the USE on the ADJA CENT properties; and No lighting is proposed that will shine directly onto adjacent properties where it would cause a nuisance or interfere with the use on adjacent properties. The Fort St. Vrain Generating Station has an outdoor lighting system that provides lighting levels consistent with the Illuminating Engineering Society standards to allow basic operator movement throughout the Fort St. Vrain Generating Station. Existing lighting on the subject parcel will remain as it currently is being used. 2. Neither direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROADS and no colored lights may be used which may be confused with or construed as traffic control devices. The location of the Project within the existing Fort St. Vrain Generating Fort St. Vrain Generating Station positions CT Units 7 and 8 near the center of the subject parcel and away from public or private streets/roads. There is no anticipated impact from light associated with the Project on traffic traveling on adjacent roads. E. The USES shall not emit heat so as to raise the temperature of the air more than five degrees (5°) Fahrenheit at or beyond the LOT line. The temperature at the lot line at -grade will not rise more than 5 five degrees (5°) Fahrenheit. The CT exhaust stack height is 100 feet for the exhaust gas to distribute into the atmosphere. F. Property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. In no event shall the property owner allow the growth of NOXIOUS WEEDS. The Fort St. Vrain Generating Station has implemented measures to minimize the spread of noxious weeds on the subject parcel and will continue to do so with this Project. See the Noxious Weed Control Measures provided in Attachment X. G. Any off -site and onsite Improvements Agreement shall be made in conformance with the County policy on collateral for improvements. Xcel Energy will negotiate an Improvements Agreement with Weld County prior to construction, if required. No off -site improvements are anticipated to be required. DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 42 10 REFERENCES CDOT (Colorado Department of Transportation). 2025. Colorado Scenic and Historic Byways, Available online at: https://www.codot.gov/travel/colorado-byways. Accessed February 2025 CNHP (Colorado Natural Heritage Program). 2024. Statewide Elements by 7.5 -minute USGS Quadrangle (shapefile). Available online at: https://cnhp.colostate.edu/maps/cnhp- spatial-layers/#element. Accessed December 2025. Colorado Public Utilities Commission (CPUC). 2024. Minute 61:14-62:5 of the Public Utilities Commission of the State of Colorado, Reporter's Transcript, Docket No. 21A-0141 E, 11/07/2024. CPUC. 2024. Minute 81:12-82:10, 83:8-13, 87:4-22 Public Utilities Commission of the State of Colorado, Reporter's Transcript, Docket No. 21A -0141E, 11/07/2024. CPW (Colorado Parks and Wildlife). 2020. Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors (2020). Available online at: https://cpw.state.co.us/Documents/WildlifeSpecies/LivingWithWildlife/Raptor-Buffer- Guidelines.pdf. Accessed January 2025. CPW. 2021. Recommended Survey Protocol and Actions to Protect Nesting Burrowing Owls. Available online at: https://cpw.state.co. us/Documents/WildlifeSpecies/LivingWithWildlife/Recommended- Survey-Protocol-Burrowing-Owls.pdf. Accessed January 2025. CPW. 2024a. All Species Activity Mapping Data. Updated January 6, 2022. Available online at: https://www.arcgis.com/home/search.html?restrict=false&sortField=relevance&sortOrder =desc&searchTerm=Colorado+Parks+and+Wildlife+owner%3Arsacco#groups. Accessed January 2025. CPW. 2024b. Threatened and Endangered Species List. Available online at CPW All Species Activity Mapping Data - Overview (arcgis.com) Available online at: https://cpw.state.co. us/threatened-and-endangered-wildlife#2194562455-3850163126. Accessed January 2025. Discover Weld. (Discover Weld County). 2025. Discover Attractions, History & Heritage. Available online at: https://www.discoverweld.com/Home. Accessed February 2025. EPA (U.S. Environmental Protection Agency). 2025. Current Nonattainment Counties for All Criteria Pollutants. Available online at: https://www3.epa.gov/airquality/greenbook/ancl.html. Accessed February 2025. FRED (Federal Reserve Economic Data). 2025a. Unemployment Rate in Weld County, Colorado. Available online at: https://fred.stlouisfed.org/series/COWELD3URN. Accessed January 2025. DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 43 FRED. 2025b. Unemployment Rate in Colorado. Available online at: https://fred.stlouisfed.org/series/COUR. Accessed January 2025. Google. 2024. Google Earth Pro Aerial Imagery. Available online at: https://earth.google.com/web/. Accessed January 2024. NLCD (National Land Cover Database). 20123. National Land Cover Database. Available online at https://www.mrlc.gov/data?f%5B0%5D=category%3ALand%20Cover&f%5B1 %5D=year %3A2019. Accessed January 2025. U SFWS (U.S. Fish and Wildlife Service). 2025a. USFWS Information for Planning and Consultation (IPaC). Available online at: https://ecos.fws.gov/ipac/. Accessed January 2025 U SFWS. 2025b. Threatened & Endangered Species Active Critical Habitat Report. Available online at: https://ecos.fws.gov/ecp/report/table/critical-habitat.html. Accessed January 2025 U SFWS 2025c. National Wetland Inventory Mapper. Available online at: https://fwsprimary.wim.usgs.gov/wetlands/apps/wetlands-mapper/. Accessed January 2025 U SFWS. 2024d. USFWS Threatened and Endangered Species Active Critical Habitat Report. Available online at: https://ecos.fws.gov/ecp/report/table/critical-habitat.html. Accessed January 2025. U SGS (U.S. Geological Survey). 2025. Land Cover Database. Multi -Resolution Land Characteristics (MRLC) Consortium. Available online at: https://www.mrlc.gov/viewer/. Accessed January 2025. U SGS. 2025a. National Hydrography Dataset. Available online at: https://www.usgs.gov/national-hydrography/national-hydrography-dataset. Accessed January 2025. U SGS. 2025b. USGS Historical Topographic Map Explorer. Available online at: https://ngmdb.usgs.gov/topoview/viewer/#15/30.1212/-81.5196. Accessed February 2025 Weld County. 2024. Weld County, Colorado Charter and County Code. Version: October 10, 2024. Available online at: https://library.municode.com/co/weld county/codes/charter and county code?nodeld= CH14HEAN ARTIXNO S14-9-40MAPENOLE. Accessed February 2025. Weld County. 2025. Weld County Property Portal: Zoning. Available online at: https://www.co.weld.co.us/maps/zoning/. Accessed January 2025. Xcel Energy. 2021. Our Energy Future: Destination 2030, 2021 Electric Resource Plan and Clean Energy Plan. March 31, 2021. Available online at: DE 9818271.1 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNITS 7 AND 8 44 https://www.xcelenergy.com/company/rates and regulations/resource plans/clean ene rgy plan. Accessed February 2025. DE 9818271.1 ATTACHMENT K: CONFORMANCE WITH COMPREHENSIVE PLAN (CHAPTER 22, ARTICLE II) Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION UNITS 7 AND 8 i CONTENTS Section 22-2-30, Land use goals and objectives 1 Sec. 22-2-30(A), Commit to the Economic Future of Agriculture 1 22-2-30(A)(1), Land use changes should not inhibit agricultural production nor operations. 1 22-2-30(A)(2), Limit the density and intensity of development to maintain agricultural areas. 1 22-2-30(A)(3), Respect for Agricultural Practices Regarding Water Resources 1 22-2-30(A)(4), Farming or ranching operations are not considered a nuisance as long as they employ common or reasonable agricultural practices. 2 Sec. 22-2-30(B), Locate urban development in urban areas 2 22-2-30(B)(1), Encourage annexation of urban -scale development. Zone changes and subdivisions within one -quarter mile of municipal limits are strongly discouraged. Property owners who want to rezone or subdivide their property are encouraged to contact the municipality about annexation. 2 22-2-30(B)(2), Urban -scale development shall only be placed where urban services, including public water, are available. 2 22-2-30(B)(3), Urban -scale residential development belongs in municipalities; therefore, the County shall discourage residential developments with more than nine lots or an overall density of more than one unit per acre in unincorporated areas. 2 22-2-30(B)(4), Pursue Coordinated Planning Agreements with all municipalities within the County3 Sec. 22-2-30(C), Harmonize development with surrounding land uses 3 22-2-30(C)(1), Transition between land use types and intensities with buffers. Uses that are incompatible with existing uses must be able to mitigate conflicts. 3 22-2-30(C)(2), Establish residential development options based on compatibility, proximity to municipalities, and availability of services that reflect the desired density and character of that location. 3 22-2-30(C)(3), Encourage development that preserves land for agriculture, rangeland, wetlands, and critical habitats 3 Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION UNITS 7 AND 8 ii 22-2-30(C)(4), Require access easements and privately maintained rights -of -way to have recorded maintenance agreements to ensure adequate access4 22-2-30(C)(5), Encourage consolidation of nonconforming lots4 22-2-30(C)(6), Encourage the preservation, restoration, and reuse of historical structures and landmarks 4 22-2-30(C)(7), Encourage subarea planning and collaboration to enhance certain areas of the County4 Sec. 22-2-30(D), Collaboration on County -Wide Transportation and Land Use Plans. 4 22-2-30(D)(1), When the Comprehensive Plan is updated, the Transportation Plan should be updated as well. 4 22-2-30(D)(2), Ensure that land use change proposals comply with applicable transportation plans, functional classifications, and access control plans adopted by the County 4 Section 22-2-40, Economic development goals and objectives 5 Sec. 22-2-40(A), Support of Compatible Economic Development Opportunities: 5 22-2-40(A)(1), Identify target areas where the County is able to encourage shovel -ready commercial and industrial development. 5 22-2-40(A)(2), Foster partnerships that increase the predictability or certainty of economic development and limit jurisdictional competition. 5 22-2-40(A)(3), Plan and invest in a robust transportation system that connects markets and population centers 5 22-2-40(A)(4), Innovate, develop, and capitalize on the necessary tools and funding mechanisms to incentivize economic development 5 22-2-40(A)(5), Encourage agglomeration economies of synergistic businesses6 22-2-40(A)(6), Promote small business incentive programs to encourage small business owners6 Section 22-2-50, Environmental goals and objectives 6 Sec. 22-2-50(A), Encourage responsible and sustainable water usage' 6 22-2-50(A)(1), Connection to public water and sewer services shall be taken into consideration for development approval. 6 22-2-50(A)(2), Promote alternative conservation strategies and tools to minimize water usage, such as recycling and reuse 6 Sec. 22-2-50(B), Protect water quality within the County: 6 Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION UNITS 7 AND 8 iii 22-2-50(B)(1), Support the reduction of stormwater erosion and runoff. 6 22-2-50(B)(2), Encourage development of master drainage plans and regional detention facilities. 7 22-2-50(B)(3), Prevent surface and groundwater contamination. 7 S ec. 22-2-50(C), Minimize flood losses: 7 22-2-50(C)(1), Identify flood -prone areas of the County that are not already designated on a Flood Insurance Rate Map (FIRM). 7 22-2-50(C)(2), Encourage development to locate outside of flood -prone areas to reduce the loss of life and property. 7 Section 22-2-60, Natural Resource Goals and Objectives 8 S ec. 22-2-60(A), Preserve Wetlands and Critical Habitats: 8 22-2-60(A)(1), Wetlands and critical or unique habitat areas, such as habitats of endangered or unique species, and migration, breeding, and spawning areas, should be identified in application materials as potential limiting site factors. 8 22-2-60(A)(2), Protect native plants by enforcing noxious weed removal 9 S ec. 22-2-60(B), Support responsible energy and mineral development9 22-2-60(B)(1), Ensure that surface development reasonably accommodates mineral extraction. 9 22-2-60(B)(2), Ensure that infrastructure, such as adequate roads and utilities, exists or can be made available prior to development of energy and mineral resource production facilities. 9 22-2-60(B)(3), Require that energy and mineral resource development conserve the land and minimize the impact on surrounding land and the existing surrounding land uses. 10 22-2-60(B)(4), Energy development should be coordinated with seasonal production schedules associated with agricultural activities10 22-2-60(B)(5), Energy development facilities should preserve agricultural areas and enhance the rural landscape. 10 Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION UNITS 7 AND 8 iv LIST OF ACRONYMS AND ABBREVIATIONS BMP Best Management Practice CPW Colorado Parks and Wildlife FEMA Federal Emergency Management Agency FIRM Flood Insurance Rate Map NWI National Wetland Inventory NHD National Hydrography Dataset ROW Right -of -Way TCA Temporary Construction Area USFWS U.S. Fish and Wildlife Service WOTUS Waters of the United States Xcel Energy Public Service Company of Colorado, a Colorado corporation conducting business as Xcel Energy Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION UNITS 7 AND 8 1 SECTION 22-2-30, LAND USE GOALS AND OBJECTIVES SEC. 22-2-30(A), COMMIT TO THE ECONOMIC FUTURE OF AGRICULTURE 22-2-30(A)(1), Land use changes should not inhibit agricultural production nor operations. Construction and operation of the Fort St. Vrain Generating Station Combustion Turbine (CT) Units 7 and 8 Project (Project) will not inhibit agricultural production nor operations. The subject parcel (parcel 120910000006) is zoned 1-3 (Heavy Industrial) and has been zoned as such since the approval of Zoning Case Z-76 (recorded 10-10-1966). The Project is an allowed use within the current zoning for the subject parcel and no change to the approved land use for the subject parcel is proposed by the Project. The Project area as defined in this document is the 2.8 acre location within the subject parcel that contains the new CT Units and foundation area. The Project includes a Temporary Construction Area (TCA) located adjacent to the Project area that will include two temporary parking areas to be used during construction, temporary haul route, temporary laydown and stockpile yard as shown in Attachment B, 1041 Permit Map. The temporary construction areas will be removed upon completion of construction. The Project area is located on vacant land within the subject parcel. Current agricultural production and operations located on the subject parcel, generally to the south of the Project area, will not be impacted by the Project. 22-2-30(A)(2), Limit the density and intensity of development to maintain agricultural areas. The proposed density and intensity of development will maintain the current land use of the subject parcel. The Project area is located adjacent to the existing Fort St. Vrain Generating Facility and the Project furthers the continued generation of electricity on the subject parcel. Location of the Project minimizes impacts to agricultural areas by locating the CT Units 7 and 8 next to the existing CT Units 5 and 6. 22-2-30(A)(3), Respect for Agricultural Practices Regarding Water Resources. The Project will respect agricultural practices regarding water resources and not result in adverse impacts on water resources related to agricultural practices. A Stormwater Drainage Study is included as Attachment D of the 1041 Application and drainage from the Project area will be retained within the site to mitigate any potential impacts to water resources. Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION UNITS 7 AND 8 2 22-2-30(A)(4), Farming or ranching operations are not considered a nuisance as long as they employ common or reasonable agricultural practices. Weld County Right to Farm Statement Xcel Energy understands and respects the operations of long-established agricultural, farming, and ranching practices within unincorporated Weld County as expressed in the Right to Farm Statement. The uses and enjoyment of property by the neighboring landowners are not expected to impact the Project. SEC. 22-2-30(B), LOCATE URBAN DEVELOPMENT IN URBAN AREAS 22-2-30(B)(1), Encourage annexation of urban -scale development. Zone changes and subdivisions within one -quarter mile of municipal limits are strongly discouraged. Property owners who want to rezone or subdivide their property are encouraged to contact the municipality about annexation. Because the Project is a public utility project, this County goal does not apply. Xcel Energy understands the reasoning for this goal and supports the idea that development near municipal boundaries should consult with that neighboring municipality about the possibility of annexation before requesting any rezoning, land use, or subdivision approval from the County. 22-2-30(B)(2), Urban -scale development shall only be placed where urban services, including public water, are available. The Project is located on the subject parcel that is zoned 1-3 and is serviced by Central Weld County Water District. A will serve letter from Central Weld County Water District is included with the1041 Application materials as Attachment Z. 22-2-30(B)(3), Urban -scale residential development belongs in municipalities; therefore, the County shall discourage residential developments with more than nine lots or an overall density of more than one unit per acre in unincorporated areas. No urban residential development or subdivision of land is requested in this Application. Therefore, this comprehensive plan goal does not apply to the Project. However, Xcel Energy acknowledges this County goal to discourage residential development in unincorporated areas. Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION UNITS 7 AND 8 3 22-2-30(B)(4), Pursue Coordinated Planning Agreements with all municipalities within the County. Because the Project is a public utility project, this County goal does not apply. Xcel Energy understands the reasoning for this goal and supports the idea that Coordinated Planning Agreements should be pursued for urban development within incorporated areas of the County. SEC. 22-2-30(C), HARMONIZE DEVELOPMENT WITH SURROUNDING LAND USES 22-2-30(C)(1), Transition between land use types and intensities with buffers. Uses that are incompatible with existing uses must be able to mitigate conflicts. Xcel Energy recognizes the County's goal to establish transitions between land use types, buffer intensities, and mitigate conflicts with existing uses. The Project is sited within the 1-3 zone district within Weld County. The Project is directly adjacent to industrial uses and conforms with the character of the area. 22-2-30(C)(2), Establish residential development options based on compatibility, proximity to municipalities, and availability of services that reflect the desired density and character of that location. Xcel Energy acknowledges Weld County's goal to establish residential development options that are compatible with surrounding uses, character, and desired density of the nearby municipalities. No residential development is requested in this Application. Therefore, this comprehensive plan goal does not apply to the Project. 22-2-30(C)(3), Encourage development that preserves land for agriculture, rangeland, wetlands, and critical habitats. The Project is located at the Fort St. Vrain Generating Station and is located directly adjacent to the existing CT Units 5 and 6. The subject parcel is zoned 1-3 and has received numerous approvals for uses similar to that proposed at the Fort St. Vrain Generating Station. The Project is directly adjacent to industrial uses and conforms with the character of the area. The Project facilities have been sited to minimize surface -use impacts to the surrounding community and preserve land for agriculture, rangelands, wetlands, and critical habitat areas. As such, the Project is in alignment with this goal. See the response to Section 22-2-30(A). Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION UNITS 7 AND 8 4 22-2-30(C)(4), Require access easements and privately maintained rights - of -way to have recorded maintenance agreements to ensure adequate access. The Project will use the existing access permitted for the Public Service Company of Colorado (PSCo) fee -owned Fort St. Vrain Generating Station. No new access or right-of-way are required for the Project. 22-2-30(C)(5), Encourage consolidation of nonconforming lots. Xcel Energy acknowledges that the County wishes to encourage consolidation of nonconforming lots. The Project is a public utility project and Xcel Energy is not requesting to subdivide parcels within the County, nor does it create or cross any known nonconforming lots. As such, this goal does not apply to the Project. 22-2-30(C)(6), Encourage the preservation, restoration, and reuse of historical structures and landmarks. Xcel Energy acknowledges that Weld County encourages the preservation, restoration, and reuse of historical structures and landmarks. No historical sites or landmarks are located in the Project area. 22-2-30(C)(7), Encourage subarea planning and collaboration to enhance certain areas of the County. See Xcel Energy's response to Section 22-2-30(B)(4). SEC. 22-2-30(D), COLLABORATION ON COUNTY -WIDE TRANSPORTATION AND LAND USE PLANS. 22-2-30(D)(1), When the Comprehensive Plan is updated, the Transportation Plan should be updated as well. Xcel Energy acknowledges the importance of updating the Transportation Plan for the County alongside the Comprehensive Plan. This goal does not directly apply to the Project. 22-2-30(D)(2), Ensure that land use change proposals comply with applicable transportation plans, functional classifications, and access control plans adopted by the County. The Project is located at the existing Fort St. Vrain Generating Station which has had three Temporary Access Permits (TAP22-023, TAP23-0001, TAP23-0002) granted in the last 3 years and has had an access permit AP22-00409 granted in 2022. The Project complies with applicable transportation plans and access control plans adopted by the County. The haul route Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION UNITS 7 AND 8 5 to the site will utilize the existing access from the Fort St. Vrain Generating Facility on to Weld County Road 19.5. From the access point, the haul route will travel south on Weld County Road 19.5 to Weld County Road 34 where it will travel east .5 miles to Weld County Road 21 and then travel south to State Highway 66 where the route will then travel east along State Highway 66 to its intersection with US Highway 85 in Platteville, CO. The proposed haul route is included with the 1041 Application as Attachment S. SECTION 22-2-40, ECONOMIC DEVELOPMENT GOALS AND OBJECTIVES Sec. 22-2-40(A), Support of Compatible Economic Development Opportunities: 22-2-40(A)(1), Identify target areas where the County is able to encourage shovel -ready commercial and industrial development. Xcel Energy acknowledges that the County wishes to encourage commercial and industrial development and identify shovel -ready areas. This goal does not directly apply to the Project. 22-2-40(A)(2), Foster partnerships that increase the predictability or certainty of economic development and limit jurisdictional competition. Xcel Energy acknowledges the County's goal to foster partnerships that increase the predictability or certainty of economic development and limit jurisdictional competition. While the Project does not directly create partnerships, the Project will ensure safe, reliable, and economical natural gas service for potential economic development in Weld County. 22-2-40(A)(3), Plan and invest in a robust transportation system that connects markets and population centers. As the Project is a public utility project, this goal does not directly apply to the Project. The Project will not impact the existing transportation system. 22-2-40(A)(4), Innovate, develop, and capitalize on the necessary tools and funding mechanisms to incentivize economic development. The Project represents a significant investment by Xcel Energy at the Fort St. Vrain Generating Facility. CT Units 7 and 8 are each nominal 182.1 -megawatt natural gas fired combustion turbines. The 364.2 megawatts of power generated by the Project is necessary to continue the generation of safe and reliable power at the Fort St. Vrain Generating Facility. The addition of the two new CT Units allows Xcel Energy to increase grid stability by providing electric generation that can be used to balance potential intermittency of renewable energy sources. The Project may provide other additional economic development through increased jobs associated with construction and local tax -based revenue associated with land usage. The Project will ensure a safe, reliable, and economical electric service to the public, boost the Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION UNITS 7 AND 8 6 regional economy, and create jobs during its construction. Xcel Energy acknowledges the need for the local community to have tools and funding mechanisms to properly incentivize economic development. The Project is a public utility project and is not directly related to funding mechanisms for incentivizing economic development, however; therefore, this goal does not directly apply to the Project. 22-2-4((A)(5), Encourage agglomeration economies of synergistic businesses. The Project is supportive of the Weld County and generally the northern Colorado economy by providing safe reliable electricity to residential, commercial and agricultural businesses within Weld County. 22-2-40(A)(6), Promote small business incentive programs to encourage small business owners. Xcel Energy acknowledges the County's goal to promote small business incentive programs in hopes of encouraging small businesses to locate or relocate within the County. This goal does not directly apply to the Project. SECTION 22-2-50, ENVIRONMENTAL GOALS AND OBJECTIVES Sec. 22-2-50(A), Encourage responsible and sustainable water usage: 22-2-50(A)(1), Connection to public water and sewer services shall be taken into consideration for development approval. The Project will be serviced by the Central Weld County Water District, the public water service currently serving the Fort St. Vrain Generating Facility. A will serve letter from Central Weld County Water District is included with this 1041 Application as Attachment Y. The onsite sewer service will continue to be used to serve the Fort St. Vrain Generating Facility and the Project will not require any additional sewer services as stated in Attachment Z. 22-2-50(A)(2), Promote alternative conservation strategies and tools to minimize water usage, such as recycling and reuse. Xcel Energy acknowledges the County's goal to promote alternative conservation strategies and tools to minimize water usage, such as recycling and reuse as water is and will continue to be an extremely valuable resource. See Xcel Energy's response to Section 22-2-50(A)(1). SEC. 22-2-50(B), PROTECT WATER QUALITY WITHIN THE COUNTY: 22-2-50(B)(1), Support the reduction of stormwater erosion and runoff. While Weld County code generally prohibits retention facilities (section 5.10.1 of the Weld County Engineering and Construction Criteria), a variance was granted in 2008 to Xcel Energy Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION UNITS 7 AND 8 7 allowing the use of a retention (infiltration) basin for stormwater management at the Fort St. Vrain Generating Facility. A detention solution to drain the basin is not feasible because the existing topography would cause the construction limits to extend beyond the subject parcel. Therefore, the Project proposes following a similar approach for the addition of the CT Units. The Certificate of Compliance, which includes a variance request, is attached in the Stormwater Drainage Study included with this 1041 Application as Attachment D. This proposed variance shall not jeopardize the public health, safety, and welfare of public and private property and will support the reduction of stormwater erosion and runoff. 22-2-50(B)(2), Encourage development of master drainage plans and regional detention facilities. Xcel Energy acknowledges the County's goal to encourage master drainage plans and regional detention facilities when development in an area or a region of the County requires such development based on the infrastructure improvements proposed for a given area. See the response to 22-2-50(B)(1) for a description of the on -site retention facility proposed for the Project. 22-2-50(B)(3), Prevent surface and groundwater contamination. The stormwater drainage study includes design measures that combined with the stormwater management plan (SWMP) will mitigate drainage related impacts to wetlands and other surface and groundwater contamination to the extent practicable. No impact to marshlands and wetlands is anticipated as a result of the Project as the Project area is not located in an area featuring freshwater emergent wetlands or any other mapped National Wetland Inventory or National Hydrography Dataset feature, as shown in Attachment F. Sec. 22-2-50(C), Minimize flood losses: 22-2-50(C)(1), Identify flood -prone areas of the County that are not already designated on a Flood Insurance Rate Map (FIRM). Xcel Energy acknowledges the County's goal to identify flood -prone areas that are not already on the Flood Insurance Rate Map (FIRM) provided by FEMA. Xcel Energy has institutional knowledge of the Project area and has not identified flood -prone areas within the Project area. 22-2-50(C)(2), Encourage development to locate outside of flood -prone areas to reduce the loss of life and property. The Project area is located outside of flood -prone areas, as shown in Attachment F. Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION UNITS 7 AND 8 8 SECTION 22-2-60, NATURAL RESOURCE GOALS AND OBJECTIVES Sec. 22-2-60(A), Preserve Wetlands and Critical Habitats: 22-2-60(A) (1), Wetlands and critical or unique habitat areas, such as habitats of endangered or unique species, and migration, breeding, and spawning areas, should be identified in application materials as potential limiting site factors. An analysis of critical wildlife habitat within 1 mile of the Project area including an analysis of potential habitats of endangered or unique species, and migration, breeding, and spawning areas is included in Supplemental Question 15.c.ii of Attachment C. Five federally protected or proposed threatened species (Preble's meadow jumping mouse, golden eagle, bald eagle, monarch butterfly, and Ute ladies' -tresses orchid) and one state -protected species (western burrowing owl) were determined to have a moderate or high likelihood of occurrence within the Analysis Area of the proposed Project in Weld County. Preble's meadow jumping mouse and Ute ladies' -tresses habitat is restricted to the northwest portion of the Analysis Area (St. Vrain Creek) and will not be impacted due to construction of the Project. Bald eagles are known to nest adjacent to the Analysis Area along the South Platte River, and golden eagles may use the Analysis Area for foraging. Although the Analysis Area is adjacent to a known bald eagle nest, the Analysis Area is outside CPW's 0.5 mile human encroachment buffer as described in CPW's Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors (CPW 2020). Habitat for the proposed threatened monarch butterfly may be present within the Analysis Area if milkweed (Asclepias spp) is present. Proposed threatened species are not statutorily protected under the ESA; therefore, Project impacts to the monarch butterfly are not unlawful . However, the monarch butterfly is likely to be listed as threatened in the future. Western burrowing owls may utilize the Analysis Area for nesting if prairie dog burrows are present. In addition to listed species, CPW tracks and maps data for big game species habitat throughout the state (CPW 2025a). Mule deer (Odocoileus hemionus) habitat was identified within the Analysis Area, including a mule deer concentration area, migration corridor, winter and severe winter range, and winter concentration area occur within the Analysis Area of the proposed Project. In addition, the Analysis Area contains a white-tailed deer (Odocoileus virginianus) concentration area and winter range. No other big game species habitat is mapped in the Analysis Area. Potential impacts to wildlife species would primarily be associated with the permanent construction footprint of the Project. In addition, increased noise and equipment movement during construction may temporarily displace wildlife species from the immediate workspace area. Any permanent or temporary impacts are considered minimal due to the Projects small footprint and normal wildlife movements would be expected to resume after construction has been completed. Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION UNITS 7 AND 8 9 To avoid or minimize potential project impacts to eagles and other migratory birds and raptors, tree/vegetation clearing will be conducted during the nonbreeding season for birds (September 1 —April 15) if feasible. If vegetation clearing cannot occur during the nonbreeding season, vegetation clearance surveys, raptor nest surveys, and burrowing owl surveys may be conducted per USFWS and CPW guidance to identify avian nesting activity and determine appropriate avoidance buffers (CPW 2020, CPW 2021) or monitor actives nest sites until determined to be inactive. 22-2-60(A)(2), Protect native plants by enforcing noxious weed removal. Xcel Energy acknowledges the County's goal to protect native plants through the regular removal of noxious weeds as needed from a development area. The Fort St. Vrain Generating Station will continue to remove noxious weeds if they are present on site. Sec. 22-2-60(B), Support responsible energy and mineral development. 22-2-60(B)(1), Ensure that surface development reasonably accommodates mineral extraction. The Project will not cause any undue interference with existing mineral extraction, easements or right-of-way during construction and operation. In accordance with the statute Colorado Revised Statutes 24-65.5-103, Xcel Energy will provide notice to the mineral owners associated with the Fort St Vrain Generating Station prior to the Weld County hearing. Mineral owners may choose to waive their right to receive the notice not less than 30 days before the hearing and may also waive their right to a separate hearing regarding notification. 22-2-60(B)(2), Ensure that infrastructure, such as adequate roads and utilities, exists or can be made available prior to development of energy and mineral resource production facilities. Xcel Energy acknowledges the County's goal to ensure that the proper infrastructure is in place or can be made available before development of any energy or mineral resource production facility is allowed, as this is in the best interests of the health, safety, and welfare for everyone living and working in the County around this type of development. The Project will use the existing access permitted for the PSCo fee -owned Fort St. Vrain Generating Station. No new access or right-of-way are required for the Project. Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION UNITS 7 AND 8 10 22-2-60(B)(3), Require that energy and mineral resource development conserve the land and minimize the impact on surrounding land and the existing surrounding land uses. The Project will install necessary infrastructure while minimizing impact on surrounding land. The addition of proposed new equipment to the Fort St. Vrain Generating Station will not change the existing use and will remain compatible with the existing and future use of the surrounding area. The additional equipment at the Fort St. Vrain Generating Station will be located directly adjacent to the existing Xcel Energy facility on a parcel zoned for industrial use previously permitted for the Fort St. Vrain Generating Station. This co -location of these facilities will minimize additional land disturbance and impacts to the surrounding area. 22-2-60(B)(4), Energy development should be coordinated with seasonal production schedules associated with agricultural activities. The additional equipment at the Fort St. Vrain Generating Station will be located directly adjacent to the existing Xcel Energy facility on a parcel zoned for industrial use previously permitted for the Fort St. Vrain Generating Station. The Project will not impact seasonal production schedules associated with agricultural activities. 22-2-60(B)(5), Energy development facilities should preserve agricultural areas and enhance the rural landscape. The addition of proposed new equipment to the Fort St. Vrain Generating Station will not change the existing use and will remain compatible with the existing and future use of the surrounding area. The additional equipment at the Fort St. Vrain Generating Station will be located directly adjacent to the existing Xcel Energy facility on a parcel zoned for industrial use previously permitted for the Fort St. Vrain Generating Station. As the Project is co -located with the existing facilities at the Fort St. Vrain Generating Station, the Project will not impact agricultural lands and will result in minimal permanent impacts to the rural landscape. Weld County Site Selection and Construction of Major Facilities of a Public Utility Application Colorado Department of Public Health and Environment Public Service Company of Colorado Ft. St. Vrain CONSTRUCTION PERMIT 94WE609 Initial Approval / Modification 2 Date Issued: June 18, 2025 489320 COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 1of41 AIR POLLUTION CONTROL DIVISION COLORADO CONSTRUCTION PERMIT FACILITY NAME: Ft. St. Vrain Station FACILITY ID: 123-0023 ISSUE DATE: ISSUED TO: Public Service Company of Colorado 1800 Larimer Street Suite 1300 Denver, Co 80202 Nature of Business: CONSTRUCTION PERMIT NUMBER 94WE609 Initial Approval / Modification 2 PLANT SITE LOCATION: Ft. St. Vrain Station 16805 County Road 19 1/2 Platteville, CO 80651 Weld County Combustion Turbine Electric Generating Station Primary SIC: 4911 Description of Modification 2: Modification 2 adds and SCR on to turbine 002 (AIRS ID 004) to control NOx. COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 2 of 41 TABLE OF CONTENTS: Section I — General Activities and Summary 1. Permitted Activities 2. Alternative Operating Scenarios 3. Nonattainment Area New Source Review (NANSR) and Prevention of Significant Deterioration (PSD) 4. Summary of Emission Units Section II — Specific Permit Terms 1. T002 & T003 — Two (2) Combustion Turbines Capable of Simple or Combined Cycle Operation 2. Continuous Emission Monitoring Systems (CEMS) Section III — Additional Requirements & General Conditions Appendix A Permit Acronyms Appendix B VOC Correlation Equations COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 3 of 41 Section I — General Activities and Summary 1. Permitted Activities a. This facility is a decommissioned nuclear power generating facility. Nuclear operations ceased at this facility in 1989 and decommissioning was completed in 1996. The repowering of this facility utilized a large portion of the non-nuclear assets such as the steam turbine, the cooling water system, condensate and feed water system, water treatment systems, and a substation. This facility consists of five (5) natural gas fired combustion turbines and three (3) heat recovery steam generators (HRSG). The capacity of the steam turbine is 330 megawatts (MW). The output rating of the entire plant varies based on ambient temperature with more generation in the winter and less generation in the summer. The facility generates approximately 965 MW (summer rating) of electricity. The turbines are numbered as follows: T001 (turbine No.1) is the steam turbine, T002 (turbine No. 2) is the No. 1 combustion turbine, T003 (turbine No. 3) is the No. 2 combustion turbine, T004 (turbine No. 4) is the No. 3 combustion turbine, T005 (turbine No. 5) is the No. 4 combustion turbine and T006 (turbine No. 6) is the No. 5 combustion turbine. Combustion turbines 2 and 3 each generate approximately 135 MW of electricity and each HSRG, which includes duct burners for supplemental firing, will add approximately 100 MW of electrical capacity. Combustion turbine 4, which commenced operation in April 2001, generates approximately 135 MW of electricity and the HRSG, which includes a duct burner for supplemental firing, will add approximately 100 MW of electrical capacity. T002 (Turbine No. 2) is controlled by a selective catalytic reduction (SCR) control. These combustion turbines and HRSG combinations can be run in three modes: simple cycle (combustion turbine only), combined cycle (combustion turbine with HRSG) with no fuel fired in the duct burners and combined cycle (combustion turbine with HRSG) with fuel fired in the duct burners. In simple cycle operation, exhaust from the combustion turbine is discharged through the bypass stack. In combined cycle operation, the exhaust gas from the turbine passes through the HRSG first and then exits out the HRSG stack. Combustion turbines No. 5 and 6, which commenced operation in April 2009, each generate approximately 146 MW. Turbines 5 and 6 can only operate in simple cycle mode. In addition to the combustion turbines, significant emission units at this facility consist of an auxiliary boiler fueled by natural gas, one cooling water tower, one service water tower, a 500 gal gasoline tank, cold cleaner solvent vats, two (2) diesel fuel -fired engines driving an emergency generator and one (1) diesel fuel -fired engine driving an emergency fire pump. The facility is located approximately three miles north and west of Platteville, Colorado. The area in which the plant operates is designated as attainment for all criteria pollutants except ozone. It is classified as non -attainment for the 8 -hr ozone standard and is part of the 8 -hr Ozone Control Area as defined in Regulation No. 26, Part A. The 8 -hr Ozone Control Area has been classified as a serious non -attainment area effective January 27, 2020. COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 4 of 41 There are no affected states within 50 miles of the plant. Rocky Mountain National Park, Eagle's Nest National Wilderness Area and Rawah National Wilderness Area, Federal Class designated areas, are within 100 kilometers of the plant. b. Until such time as this permit is modified or revoked, the permittee is allowed to discharge air pollutants from this facility in accordance with the requirements, limitations, and conditions of this permit. 2. Alternative Operating Scenarios a. The permittee shall be allowed to make the following changes to its method of operation without applying for a revision of this permit. i. Turbines No. 2, and 3 may be operated as follows: 1. The combustion turbines may be operated as simple cycle combustion turbines as specified under Section II. 2. The combustion turbines may be operated as combined cycle combustion turbines with no supplemental fuel being fired in the duct burners as specified under Section II. 3. The combustion turbines may be operated as combined cycle combustion turbines with supplemental fuel being fired in the duct burners as specified under Section II. b. The facility must contemporaneously with making a change from one operating scenario to another, maintain records at the facility of the scenario under which it is operating (Colorado Regulation No. 3, Part A, Section IV.A.1). 3. Nonattainment Area New Source Review (NANSR) and Prevention of Significant Deterioration (PSD) a. This facility is categorized as a PSD major stationary source (potential to emit of PM, PM10, NOX and CO > 100 tons/year). Future modifications at this facility resulting in a significant net emissions increase (see Colorado Regulation No. 3, Part D, Sections II.A.27 and 44) or a modification which is major by itself (Potential to Emit > 100 tons/year) for any pollutant listed in Colorado Regulation 3, Part D, Section II.A.44 for which the area is in attainment or attainment/maintenance may result in the application of the PSD review requirements. b. This source is categorized as a NANSR major stationary source (Potential to Emit of NOX > 50 tons/year). Future modifications at this facility resulting in a significant net emissions increase (see Regulation No. 3, Part D, Sections II.A.27 and 44) for VOC or NOX or a modification which is major by itself (Potential to Emit > 50 tons/year of either VOC or NOX) may result in the application of the NANSR review requirements. 4. Summary of Emission Units a. The emission units regulated by this permit are the following: COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 5of41 Emission No./Facility ID. Unit Number AIRS Point Description Startup Date Pollution Control Device T002 004 Turbine, Equipped MMBtu/hr MMBtu/hr), General Turbine (combined MMBtu/hr Conjunction No. Model / 299480, Duct Electric / �' May with and Natural cycle No. (turbine be y Natural Burners. duct with Combustion GE rated Operated p operation) burner Gas a Frame 1,477 HRSG Gas at Fired. 1,899 422 in Fired 7FA, ' (combined 2022 February modified (simple operation) March operation) Turbine NSPS p (Triggered KKKK) cycle 1998 Spring gg 1996 cycle was ) Dry Burners Low & SCR NOx 005 Turbine, Serial Equipped MMBtu/hr MMBtu/hr), General Turbine (combined MMBtu/hr Conjunction No. Model / 297096, hr Duct Electric / �' May with and Natural cycle No. (turbine be Natural Burners. duct with Combustion GE rated Operated p operation) burner Gas a Frame 1,412 HRSG Gas at Fired. 1,834 422 in Fired 7FA, January (combined 2021 simple operation) April operation) Turbine modified NSPS p (triggered 1999 KKKK) gg cycle 1999 was cycle Fall ) Dry Burners Low NOx COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 6 of 41 Section II — Specific Permit Terms 1. T002 & T003 — Two (2) Combustion Turbines Capable of Simple or Combined Cycle Operation Simple Cycle - Two (2) Combustion Turbines Combined Cycle (No Supplemental Fuel) - Two (2) Combustion Turbines & Two (2) Heat Recovery Steam Generators (HRSG) with No Fuel Fired in Duct Burners Combined Cycle (With Supplemental Fuel) — Two (2) Combustion Turbines & Two (2) Heat Recovery Steam Generators (HRSG) with Fuel Fired in Duct Burners Unless otherwise specified, the limitations identified are per combustion turbine/HRSG Parameter Permit Condition Number Limitations Short Term Limitations Long Term Compliance Emission Factor Monitoring Method Interval Monitoring BACT Requirements 1.1 N/A N/A N/A See 1.1 Condition See 1.1 Condition NOx 1.2 Simple Cycle 15 average, below During 100 average During Testing turbines combined): 100 average Combined Supplemental 17 average, below During 100 average During Testing turbines combined): ppmvd ppmvd ppmvd ppmvd ppmvd Cycle Mode Startup Combustion (not Startup Combustion (not except T002, except T002, — @ @ to @ Cycle @ @ to Mode 15% 15% No 15% 15% Fuel: 15% as and exceed T003 as and exceed T003 Supplemental Mode O2 provided Shutdown: O2 Tuning O2 O2 provided Shutdown: O2 Tuning or & & Combined on on 90 on on on 90 T004 — a a 1 a hrs/yr a With 1 a hrs/yr -hr 1 and 1 -hr 1 and for -hr -hr for -hr Fuel: for for See Term Limitations, AIRS 004 2) by tons/yr AIRS 005 3) by tons/yr is is Short (Turbine limited 85.01 (Turbine limited 496.1 Point Point N/A Continuous Emission Monitoring System Continuously T004 COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 7 of 41 Parameter Permit Condition Number Limitations Short Term Limitations Long Term Compliance Emission Factor Monitoring Method Monitoring Interval less 100 average On Applies Combined 15 provided 96 96 temperatures Averaging For apply, average ppm ppm ppm ppmvd and than periods the After to @ @ @ of for 75% time Both Cycle 15% 15% 15% applicable applicable @ when Modifications below: less 15% of Simple O2, O2 O2 is Modes: peak 30 than multiple O2 except when when -day load standard standards on and 0°F operating operating rolling. a as standards 1 -hr is the at at CO 1.3 Simple Cycle 15 average, below During 1000 average During Testing turbines combined): 1000 average Combined Supplemental 48 average, below During 1000 average During Testing turbines combined): 1000 average ppmvd ppmvd Mode ppmvd ppmvd ppmvd ppmvd Cycle except Startup and Combustion (not T002, and except Startup and Combustion (not T002, and @ Cycle @ — to to Mode 15% @ 2,060 @ 2,060 15% @ 2,060 @ 2,060 No and Fuel: and as 15% exceed T003 15% as 15% exceed T003 15% Supplemental Mode O2 provided lbs/hr lbs/hr O2 provided lbs/hr lbs/hr or Shutdown: Tuning Shutdown: Tuning on O2 & O2 on O2 & O2 Combined on 90 T004 on — on 90 T004 on a a hrs/yr With hrs/yr 1 -hr a and a 1 -hr a and a for 1 1 for 1 1 -hr -hr -hr -hr Fuel: for for See Term Limitations, Also by tons/yr 465.4 Short limited N/A Continuous Emission Monitoring System Continuously COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 8 of 41 Parameter Permit Condition Number Limitations Short Term Limitations Long Term Compliance Emission Factor Monitoring Method Monitoring Interval SO2 1.4 For Each 0.35 Ibs/MMBtu, Average On and For Each Duct 0.06 lb/MMBtu Burner: After Combustion Combustion Modifications: on a Turbine: 3 -Hour Turbine Rolling and See Term Limitations, Also by 4.7 Short limited tons/yr N.A Fuel Restriction & Monitoring System Continuous Only Quality Natural Used & Continuously Pipeline as Gas fuel is VOC 1.5 Simple No 1.4 Average Combined Supplemental 1.7 Average Supplemental ppmvd ppmvd Cycle and @ Cycle @ 15% Fuel: 15% Combined Fuel: — O2, With O2, on a on a Cycle 1 -Hour 1 -Hour See Term Limitations, Also by tons/yr 21.4 Short limited N/A Continuous Monitoring System Continuously — PM 1.6 For 0.1 (3) For Duct 0.1 (3) Ibs/MMBtu, 1 lbs/MMBtu, 1 Each -hr Each -hr Burner tests tests Combustion Combustion Together: the the average average Turbine: Turbine of of and three three See Term Limitations, Also by tons/yr Short limited 39.4 See Condition 1.6 Recordkeeping Calculation and Compliance Testing Monthly, Every Years Five (5) PM10 1.7 9 lbs/hr 39.4 tons/yr See Condition 1.7 Recordkeeping Calculation and Compliance Testing Monthly, Every Years Five (5) Natural Usage Gas 1.8 N/A For 004 002): 10,899.75 MM For 005 003): Simple and/or Combined Cycle Supplemental Fuel: AIRS (Turbine scf/yr. AIRS (Turbine Cycle Without Point Point N/A Recordkeeping Monthly COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 9of41 Parameter Permit Condition Number Limitations Short Term Limitations Long Term Compliance Emission Factor Monitoring Method Interval Monitoring 12,507 MMscf/yr Combined Cycle Supplemental Fuel: 16,090 MMscf/yr With Sulfur of Content Natural Gas 1.9 N/A N/A N/A See Condition 1.9 See Condition 1.9 Continuous Emission Monitoring System Requirements 1.10 N/A N/A N/A See 1.10 Condition See 1.10 Condition Fuel Meter Flow 1.11 N/A N/A N/A See 1.11 Condition See 1.11 Condition NSPS Provisions General 1.12 N/A N/A N/A As by General Provisions Required NSPS As by General Provisions Required NSPS Performance Test Requirements 1.13 N/A N/A N/A EPA Method Reference See 1.13 Condition Opacity Only — State 1.14 Not to Exceed 20% See Term Limitations Short N/A Fuel Restriction Only Quality Natural Used Pipeline as Gas Fuel is Opacity 1.15 Not Provided to Exceed for in 20% 1.16 Except Below as See Short Term Limitations N/A Fuel Restriction Only Quality Natural Used Pipeline as Gas Fuel is Opacity 1.16 For Not Periods (6) Minutes Certain Minutes to Operational Exceed Aggregating in 30%, any 60 for More Consecutive Activities a Period than of Six — See Term Limitations Short N/A Fuel Restriction Only Quality Natural Used Pipeline as Gas Fuel is Regulation 26, Section Requirements Part II.A B, No. 1.17 NOX Not When ppm When 96 When 0°F: ppm Emissions to @ 96 Exceed: burning operating operating 15% ppm @ 15% O2 @ natural 15% from at O2 at < 75% temperatures O2 Each gas (NG): peak Turbine 15 load: < See Term Limitations Short N/A Continuous Emission Monitoring System Nox & Calculation & See 1.18 Emission Condition for (Calendar Continuously For Emissions Annually Year) Maintain Records Capacity Factor NOx for of and COLORADO Air Pollution Control Division Department of Public Health & Envir muent Page 10 of 41 Parameter Permit Condition Number Limitations Short Term Limitations Long Term Compliance Emission Factor Monitoring Method Interval Monitoring Compliance rolling 1.18.3.1.d Maintain Combustion Recordkeeping average Records is Process based as Requirements noted of on Capacity Adjustment a 30 in Condition -day Factor and NSPS KKKK Requirements Subpart General 1.18 See Condition 1.19 See Short Term Limitations N/A See 1.19 Condition See 1.19 Condition 1.1 These combustion turbines/HRSGs/duct burners are subject to the requirements of the Prevention of Significant Deterioration (PSD) Program. Best Available Control Technology (BACT) shall be applied for control of Nitrogen Oxides (NOX), Carbon Monoxide (CO), Volatile Organic Compounds (VOC) and Particulate Matter (PM and PM10). BACT has been determined as follows: 1.1.1.2 1.1.1.3 BACT for NOX has been determined to be Dry Low NOX (DLN) Combustion Systems with emission limits. The DLN combustion systems shall be operated and maintained in accordance with manufacturer's recommendations and good engineering practices. BACT for CO has been determined to be good combustion practices/monitoring systems capable of meeting the emission limitations in Condition 1.3.1 BACT for VOC has been determined to be good combustion practices/monitoring systems capable of meeting the emission limitations in Condition 1.5.1 1.1.1.4 BACT for PM and PM10 has been determined to be use of pipeline quality natural gas. 1.2 Nitrogen Oxide (NOX) emissions shall not exceed the following limitations: 1.2.1 1.2.1.2 The BACT emission limits for each combustion turbine/HRSG/duct burner are as follows: 1.2.1.1 Except as provided for in Conditions 1.2.1.3 and 1.2.1.4 below, emissions of NOX shall not exceed 15 ppmvd at 15 % 02, on a 1 -hour average. This standard applies when operating in either simple cycle mode or combined cycle mode without supplemental fuel. Except as provided for in Conditions 1.2.1.3 and 1.2.1.4 below, emissions of NOX shall not exceed 17 ppmvd at 15 % 02, on a 1 -hour average. This standard applies when operating in combined cycle mode with supplemental fuel. COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 11 of 41 1.2.1.3 During periods of startup and shutdown emissions of N0X shall not exceed 100 ppmvd at 15% 02, on a 1 -hr average. 1.2.1.4 1.2.1.5 1.2.1.6 1.2.1.7 1.2.1.8 During periods of combustion tuning and testing emissions of N0X shall not exceed 100 ppmvd at 15% 02, on a 1 -hour average. Use of this N0X emission limit for purposes of combustion tuning and testing shall not exceed 90 hours in any calendar year for turbines T002,1003 and T004 combined. Records of the number of hours each turbine undergoes combustion tuning and testing shall be recorded and maintained and made available to the Division upon request. "Startup" means the setting in operation of any air pollution source for any purpose. Setting in operation for this turbine begins when fuel is first combusted in the turbine or when commencing a combined cycle startup from simple cycle operation (turbine drops out of L30 -Out combustion configuration) and ends 30 minutes after the turbine clears L30 -Out. L30 -Out refers to the condition where the unit is operating above the emissions compliance combustion reference temperature (CRT) curve and the L52G breaker is closed. The station control system and the unit's data acquisition and handling system (DAHS) utilized by the continuous emission monitoring systems indicates which mode the turbine is operating in. A record of when L30 -Out combustion configuration plus 30 minutes is achieved is stored in the unit's DAHS. "Shutdown" means the cessation of operation of any air pollution source for any purpose. The cessation of operation for these turbines begins when the command signal is initiated to shutdown the unit and ends when fuel is no longer being fired in the turbine. "Combustion Tuning and Testing" means the operation of the unit for the purpose of performing combustion tuning and testing operations after a unit overhaul or as part of routine maintenance operations. Combustion tuning and testing can occur throughout the range of the operating conditions. Compliance with these N0X limitations shall be monitored using the continuous emission monitoring system (CEMS) required by Condition 1.10, as follows: Except as provided for in Condition 1.2.1.10, all valid CEMS concentration (ppm) data points, excluding startup and shutdown data points shall, at the end of each clock hour, be summarized to generate the one -hour average N0X concentration in accordance with the requirements in 40 CFR Part 75 and Condition 5.2.1.3.b of this permit. Data used to generate the one -hour average N0X concentration shall not include replaced data, nor shall the data be bias - adjusted. Replaced data shall be reported as monitor down time in the quarterly reports required by Condition 5.5. Each clock hour average N0X concentration shall be compared to the limitations in Conditions 1.2.1.1, 1.2.1.2 or 1.2.1.4, as appropriate. COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 12 of 41 1.2.1.9 All valid CEMS concentration (ppm) data points, excluding non -startup and non - shutdown data points shall, at the end of each clock hour be summarized to generate the average NOX concentration in accordance with the requirements in 40 CFR Part 75 and Condition 5.2.1.3.b of this permit. Data used to generate the average NOX concentration shall not include replaced data, nor shall the data be bias -adjusted. Replaced data shall be reported as monitor down time in the quarterly reports required by Condition 5.5. Each clock hour average NOX concentration shall be compared to the limitation in Condition 1.2.1.3. In the event that the startup ends within a clock hour or the shutdown begins within a clock hour, all non -startup and/or non -shutdown concentration (ppm) data points within that clock hour shall be averaged together to generate the average NOX concentration in accordance with the requirements in 40 CFR Part 75 and Condition 5.2.1.3.b of this permit and that average concentration shall be compared to the limitations in Conditions 1.2.1.1, 1.2.1.2 or 1.2.1.4, as appropriate. 1.2.1.10 The emission limitation in Condition 1.2.1.4 applies to any clock hour in which combustion tuning and testing activities occur. 1.2.1.11 The emission limitation in Condition 1.2.1.2 applies to any clock hour in which fuel is fired in the duct burner. 1.2.2 For purposes of 40 CFR Part 60 Subpart KKKK, NOX emissions from each combustion turbine/HRSG/duct burner are subject to the following requirements: The requirements in this Condition 1.2.2, as well as Conditions 1.4.4 and 1.19 reflect the rule language in 40 CFR Part 60 Subpart KKKK as of the latest revisions to 40 CFR Part 60 Subpart KKKK published in the Federal Register on March 20, 2009 (including the revisions to test methods published October 7, 2020). However, if revisions to this Subpart are promulgated at a later date, the owner or operator is subject to the requirements contained in the revised version of 40 CFR Part 60 Subpart KKKK. Please note that proposed revisions to 40 CFR Part 63 Subpart KKKK were published in the Federal Register on August 29, 2012 to address a petition for reconsideration filed by the Utility Air Regulatory Group (UARG) on September 5, 2006 regarding the July 2006 final rule and to address other technical and editorial issues. Therefore, the requirements below may change in the future. You must meet the emission limits for NOX specified in Table 1 to this subpart. (§ 60.4320(a)). The requirements in Table 1 that apply to these units are as follows: 1.2.2.1 Except as provided for below, NOX emissions shall not exceed 15 ppm at 15%02. COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 13 of 41 1.2.2.2 When operating at less than 75% of the peak load, NOX emissions shall n ot exceed 96 ppm at 15% 02. 1.2.2.3 When operating at temperatures less than on 0 °F, NOX emissions shall n ot exceed 96 ppm at 15% 02. 1.2.2.4 For operating periods during which multiple emissions standards apply, the applicable standard is the average of the applicable standards during each hour. For hours with multiple emissions standards, the applicable limit for that hour is determined based on the condition that corresponded to the highest emissions standard. (§ 60.4380(b)(3)) Note that the NOX emission limits in this Condition 1.2.2 are not applicable during times of startup, shutdown and malfunction. However, those instances during startup, shutdown and malfunction when the NOX limitation is exceeded shall be identified in the excess emission reports required by Condition 5.5. Compliance with the above NSPS KKKK NOX emission shall be monitored using the continuous emission monitoring systems (CEMS) required by Condition 1.10, as follows: 1.2.2.5 All CEMS data must be reduced to hourly averages as specified in §60.13(h). (60.4350(a)) 1.2.2.6 1.2.2.7 1.2.2.8 For each unit operating hour in which a valid hourly average, as described in §60.4345(b), is obtained for both NOX and diluent monitors, the data acquisition and handling system must calculate and record the hourly NOX emission rate in units of ppm or lb/MMBtu, using the appropriate equation from method 19 in appendix A of this part. For any hour in which the hourly average 02 concentration exceeds 19.0 percent 02 (or the hourly average CO2 concentration is less than 1.0 percent CO2), a diluent cap value of 19.0 percent 02 or 1.0 percent CO2 (as applicable) may be used in the emission calculations. (60.4350(b)) If you have installed and certified a NOX diluent CEMS to meet the requirements of part 75 of this chapter, states can approve that only quality assured data from the CEMS shall be used to identify excess e missions under this subpart. Periods where the missing data substitution procedures in subpart D of part 75 are applied are to be reported as monitor downtime in the excess emissions and monitoring performance report required under §60.7(c). (60.4350(d)) Calculate the hourly average NOX emission rates, in units of the e mission standards under §60.4320, using either ppm for units complying with the concentration limit or the equations in §60.4350(f) for units complying with the output based standard. (60.4350(f)) COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 14 of 41 1.2.2.9 For combined cycle and combined heat and power units with heat recovery, use the calculated hourly average emission rates from 60.4350(f) to assess excess emissions on a 30 unit operating day rolling average basis, as described in §60.4380(b)(1). (60.4350(h)) 1.2.2.10 Further provisions regarding reporting excess emissions are provided for in Condition 5.6.3. Initial Performance Test Requirements 1.2.2.11 1.2.2.12 1.2.3 If you elect to install a CEMS, the performance evaluation of the CEMS may either be conducted separately or (as described in §60.4405) as part of the initial performance test of the affected unit. (60.4400(b)(5)) If you elect to install and certify a NOX-diluent CEMS under §60.4345, then the initial performance test required under §60.8 may be performed in the following alternative manner (60.4405): a. Perform a minimum of nine RATA reference method runs, with a minimum time per run of 21 minutes, at a single load level, within plus or minus 25 percent of 100 percent of peak load. The ambient temperature must be greater than 0 °F during the RATA runs. (60.4405(a)) b. For each RATA run, concurrently measure the heat input to the unit using a fuel flow meter (or flow meters) and measure the electrical and thermal output from the unit. (60.4405(b)) c. Use the test data both to demonstrate compliance with the applicable NOX emission limit under §60.4320 and to provide the required reference method data for the RATA of the CEMS described under §60.4335. (60.4405(c)) d. Compliance with the applicable emission limit in §60.4320 is achieved if the arithmetic average of all of the NOX emission rates for the RATA runs, expressed in units of ppm or lb/MWh, does not exceed the emission limit. (60.4405(d)) Nitrogen Oxide (NOX) emissions from AIRS point 004 (T002) shall not exceed 85.01 tons/yr while Nitrogen Oxide (NOX) emissions from AIRS point 005 (T003) shall not exceed 496.1 tons/yr. Compliance with annual emission limitation shall be monitored using the Continuous Emission Monitoring System (CEMS) required by Condition 1.10. For any hour in which fuel is combusted in the turbines, including periods of startup, shutdown and malfunction, the permittee shall program the DAHs to calculate lb/hr NOX emissions in accordance with the requirements in Condition 5.2.1.3.b of this permit and 40 CFR Part 75, including any replaced data and the data shall be bias -adjusted, if warranted. COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 15 of 41 For AIRS point 004 (T002), the rolling twelve (12) -month emission total for compliance with annual process limits shall be restarted post SCR installation and operation. Therefore, SCR installation and operation will mark the separation of the previous rolling twelve (12) -month emission total record and will begin a new rolling twelve (12) -month emission total. The previous rolling twelve (12) -month emission total will not include any months post SCR installation and operation. Historical records of pre -SCR emission records must still be maintained to ensure compliance with previous emission limits that were pre -SCR installation and operation. Airs Point 004 shall have an SCR (selective catalytic reduction) to reduce the NOX emissions. The SCR must be maintained and operated to e nsure satisfactory performance. The owner or operator must monitor compliance with this condition through the results of approved compliance tests (when required), compliance with the Operating and Maintenance Plan, compliance records, and other methods as approved by the Division. (Reference: Regulation Number 3, Part B, Section III.E.) Specifically hourly mass NOX emissions (in lb/hr) shall be calculated by multiplying the hourly NOX lb/MMBtu value (which includes replaced or bias -adjusted data, as applicable) by the hourly heat input value (MMBtu/hr) (which includes replaced data from the fuel flow measurement, as applicable). The hourly NOX lb/MMBtu and heat input values shall be determined using equations F-5 or F-6, as appropriate for the diluent monitored by the CEMS and F-20 in Appendix F of 40 CFR Part 75. The resulting NOX lb/hr value is then multiplied by the unit operating time for that hour to produce a NOX lbs value. Hourly NOX mass emissions (Ibs) shall be summed and divided by 2000 lb/ton to determine monthly NOX emissions (in tons). Monthly emissions (in tons) from each combustion turbine/HRSG/duct burner shall be used in a twelve month rolling total of emissions to monitor compliance with the annual emission limitation. Each month a n ew twelve month total shall be calculated using the previous twelve months data. 1.3 Carbon Monoxide (CO) emissions shall not exceed the following limitations: 1.3.1 The BACT Carbon Monoxide (CO) emission limit for each combustion turbine/HRSG/duct burner is as follows: 1.3.1.1 Except as provided for in Conditions 1.3.1.3 and 1.3.1.4 below, e missions of CO shall not exceed 15 ppmvd at 15% 02, on a 1 -hour average. This standard applies when operating in either simple cycle mode or combined cycle mode without supplemental fuel. COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 16 of 41 1.3.1.2 1.3.1.3 1.3.1.4 Except as provided for in Conditions 1.3.1.3 and 1.3.1.4 below, e missions of CO shall not exceed 48 ppmvd at 15% 02, on a 1 -hour average. This standard applies when operating in combined cycle mode with supplemental fuel. During periods of startup and shutdown emissions of CO shall not exceed 1,000 ppmvd at 15% 02, on a 1 -hr average and 2,060 lbs/hr. In the event that emissions of CO exceed 1,000 ppmvd at 15% 02, it shall be considered a violation of the CO BACT emission limit if CO emissions exceed 2,060 lbs/hr and not a violation if emissions are less than or equal to 2,060 lbs/hr. During periods of combustion tuning and testing emissions of CO shall n ot exceed 1,000 ppmvd at 15% 02, on a 1 -hour average and 2,060 lbs/hr. In the event that emissions of CO exceed 1,000 ppmvd at 15% 02, it shall be considered a violation of the CO BACT emission limit if CO e missions exceed 2,060 lbs/hr and not a violation if emissions are less than or equal to 2,060 lbs/hr. Use of this CO emission limit for purposes of combustion tuning and testing shall not exceed 90 hours in any calendar year for turbines T002, T003 and T004 combined. Records of the number of hours each turbine undergoes combustion tuning and testing shall be recorded and maintained and made available to the Division upon request. 1.3.1.5 "Startup" shall have the same definitions as provided for in Conditions 1.2.1.5 and 1.2.1.6. 1.3.1.6 "Shutdown" shall have the same definition as provided for in Condition 1.2.1.7. 1.3.1.7 "Combustion Tuning and Testing" shall have the same definition as provided for in Condition 1.2.1.8. Compliance with these CO limitations shall be monitored using the continuous emission monitoring system (CEMS) required by Condition 1.10, as follows: 1.3.1.8 Except as provided for in Condition 1.3.1.9, all valid CEMS concentration (ppm) data points, excluding startup and shutdown data points shall, at the end of each clock hour be summarized to generate the average CO concentration in accordance with the requirements in 40 CFR Part 75 and Condition 5.2.1.3.b of this permit. Data used to generate the one - hour average CO concentration shall not include replaced data. Replaced data shall be reported as monitor down time in the quarterly reports required by Condition 5.5. Each clock hour average CO concentration shall be compared to the limitations in Conditions 1.3.1.1, 1.3.1.2 or 1.3.1.4, as appropriate. COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 17 of 41 1.3.2 1.3.1.9 All valid CEMS concentration (ppm) data points, excluding non -startup and non -shutdown data points shall, at the end of each clock hour be summarized to generate the average CO concentration in accordance with the requirements in 40 CFR Part 75 and Condition 5.2.1.3.b of this permit. Data used to generate the average CO concentration shall not include replaced data. Replaced data shall be reported as monitor down time in the quarterly reports required by Condition 5.5. Each clock hour average CO concentration shall be compared to the limit in Condition 1.3.1.3. In the event that a startup ends within a clock hour or shutdown begins within a clock hour, all non -startup and/or non -shutdown concentration (ppm) data points within that clock hour shall be averaged together to generate the average CO concentration in accordance with the requirements in 40 CFR Part 75 and Condition 5.2.1.3.b of this permit and that average concentration shall be compared to the limitations in Conditions 1.3.1.1, 1.3.1.2 or 1.3.1.4, as appropriate. 1.3.1.10 The emission limitation in Condition 1.3.1.4 applies to any clock hour in which combustion tuning and testing activities occur. 1.3.1.11 The emission limitation in Condition 1.3.1.2 applies to any clock hour in which fuel is fired in the duct burner. Carbon Monoxide (CO) emissions from each combustion turbine/HRSG/duct burner shall not exceed 465.4 tons/yr. Compliance with this requirement shall be monitored using the Continuous Emission Monitoring System (CEMS) required by Condition 1.10. For any hour in which fuel is combusted in the turbines, including periods of startup, shutdown and malfunction, the permittee shall program the DAHs to calculate lb/hr CO emissions in accordance with the requirements in Condition 5.2.1.3.b of this permit and 40 CFR Part 75, including any replaced data, if warranted. Specifically hourly mass CO emissions (in lb/hr) shall be calculated by multiplying the hourly CO lb/MMBtu value (which includes replaced date in accordance with the provisions in Part 75 for NOX replacement, as applicable) by the hourly heat input value (MMBtu/hr) (which includes replaced data from the stack flow measurement, as applicable). The hourly CO Ib/MMBtu and heat input values shall be determined using equations F-5 or F-6 (for NOX), as appropriate for the diluent monitored by the CEMS and F-20 in Appendix F of 40 CFR Part 75. The resulting CO lb/hr value is then multiplied by the unit operating time for that hour to produce a CO lbs value. Hourly CO mass emissions (lbs) shall be summed and divided by 2000 lb/ton to determine monthly CO emissions (in tons). Monthly emission (in tons) from each combustion turbine/HRSG/duct burner shall be used in a twelve month rolling total of emissions will be maintained to COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 18 of 41 monitor compliance with the annual emission limitation. Each month a new twelve month total shall be calculated using the previous twelve months data. 1.4 Sulfur Dioxide (SO2) emissions shall not exceed the following limitations: 1.4.1 Sulfur Dioxide (SO2) emissions from each combustion turbine shall not exceed 0.35 lbs/MMBtu, on a 3 -hour rolling average (Colorado Regulation No. 1, Section VI.B.4.c.(ii) and VI.B.2). In the absence of credible evidence to the contrary, compliance with the sulfur dioxide limitation is presumed since only pipeline quality natural gas is permitted to be used as fuel in the turbines. In the absence of credible evidence to the contrary, compliance with the above requirements is presumed since only pipeline quality natural gas is permitted to be used as fuel. The natural gas used as fuel shall meet the requirements in Condition 1.9. 1.4.4 For purposes of 40 CFR Part 60 Subpart KKKK, the combustion turbine/HRSG/duct burner is subject to the following requirements: 1.4.5 If your turbine is located in a continental area, you must comply with either 60.4330(a)(1), (a)(2), or (a)(3). (60.4330(a)) You must not burn in the subject stationary combustion turbine any fuel which contains total potential sulfur emissions in excess of 26 ng SO2/J (0.060 lb SO2/MMBtu) heat input. If your turbine simultaneously fires multiple fuels, each fuel must meet this requirement. (60.4330(a)(2)) In the absence of credible evidence to the contrary, compliance with the fuel gas sulfur limit is presumed since only pipeline quality natural gas is permitted to be used as fuel in the turbine. The natural gas used as fuel shall meet the requirements in Condition 1.9. Sulfur Dioxide (SO2) emissions from each combustion turbine/HRSG/duct burner shall not exceed 4.7 tons/yr. Compliance with the annual limitation shall be monitored using the continuous monitoring system required by 40 CFR Part 75, as adopted by reference in Colorado Regulation No. 18. A twelve month rolling total of emissions will be maintained to monitor compliance with the annual emission limitation. Each month a new twelve month total shall be calculated using the previous twelve months data. 1.5 Volatile Organic Compound (VOC) emissions shall not exceed the following limitations: 1.5.1 The BACT Volatile Organic Compound (VOC) emission limit for each combustion turbine/HRSG/duct burner is as follows: COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 19 of 41 1.5.1.1 1.5.1.2 1.5.2 Emissions of VOC shall not exceed 1.4 ppmvd at 15% 02, on a 1 -hour average. This standard applies when operating in either simple cycle mode or combined cycle mode without supplemental fuel. Emissions of VOC shall not exceed 1.7 ppmvd at 15% 02, on a 1 -hour average. This standard applies when operating in combined cycle mode with supplemental fuel. Compliance with the VOC limitations shall be monitored using the VOC correlation (VOC emissions vs. heat input) that has been approved by the Division and programmed into the data acquisition and handling system (DAHS). The data in the DAHS shall at the end of each hour, be summarized to generate the average VOC concentration. The emission limits in Condition 1.5.1.2 apply to any clock hour in which fuel is fired in the duct burner. The equations used in the VOC correlation are included in Appendix G of this permit. Volatile Organic Compounds emissions from each combustion turbine/HRSG/duct burner shall not exceed 21.4 tons/yr. Compliance with the VOC limitation shall be monitored using the VOC correlation (VOC emissions vs. heat input) that has been approved by the Division and programmed into the data acquisition and handling system (DAHS). The equations used in the VOC correlation are included in Appendix G of this permit. A twelve month rolling total of emissions will be maintained to monitor compliance with the annual emission limitations. Each month a new twelve month total shall be calculated using the previous twelve months data. 1.6 Particulate Matter (PM) emissions shall not exceed the following limitations: 1.6.1 1.6.2 Particulate Matter (PM) emissions from each combustion turbine shall not exceed 0.1 lbs/MMBtu, the average of three (3) 1 -hr tests (Colorado Regulation No. 1, Section III.A.1.c). In the absence of credible evidence to the contrary, compliance with the particulate matter limitation is presumed since only pipeline quality natural gas is permitted to be used as fuel in the turbines. Particulate Matter (PM) emissions from each combustion turbine and duct burner together shall not exceed 0.1 lbs/MMBtu, the average of three (3) 1 -hr tests (Colorado Regulation No. 1, Sections II.A.1.b, c and d). In the absence of credible evidence to the contrary, compliance with the particulate matter limitation is presumed since only pipeline quality natural gas is permitted to be used as fuel in the turbines and duct burners. Note that the numeric PM standards for combined cycle operation were determined using the design heat input for the turbines (1,323 MMBtu/hr for Turbine 2 and 1,373 MMBtu/hr for Turbine 3) and duct burners (each 450 MMBtu) in the following equation: COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 20 of 41 PE (turbine + duct burner) = PET x FIT + PEDB x FIDB FIT + FIDB Where PE = particulate standard in lbs/MMBtu PEDB = 0.5 x (FI)-0.26 lbs/MMBtu PET = 0.1 lbs/MMBtu Fl = fuel input in MMBtu/hr 1.6.3 Particulate Matter (PM) emissions from each combustion turbine/HRSG/duct burner shall not exceed 39.4 tons/yr. The annual emission limitation includes both filterable and condensable particulate matter. Compliance with this limitation shall be monitored as follows: 1.6.3.1 Monthly emissions of PM shall be calculated using the emission factors identified in the table below in the following equation: Unit Emission (lb/MMBtu) Factor for PM Emission (lb/MMBtu) Factor for PM10 Source of Factor Emission Unit 2 — Simple Cycle 0.003 0.003 February 28, 2019 Unit Cycle 2 — Combined 0.004 0.004 February 26 & 27, 2019 Unit 3- Simple Cycle 0.002 0.002 March 6, 2019 Unit Cycle 3 Combined 0.002 0.002 March 5. 2019 — Tons/month = [EF (lbs/MMBtu) x monthly heat input to turbine (MMBtu/mo)] 2000 lbs/ton The monthly heat input to the turbine/HRSG/duct burner shall be determined using the data acquisition and handling system (DAHS) for the CEMS required by Condition 1.10. A twelve month rolling total of emissions will be maintained to monitor compliance with the annual emission limitation. Each month a new twelve month total shall be calculated using the previous twelve months data. 1.6.3.2 Performance testing shall be conducted in accordance with the requirements in Condition 1.13. 1.7 Particulate Matter less than 10 microns (PM10) emissions from each combustion turbine/HRSG/duct burner shall not exceed 9 lbs/hr and 39.4 tons/yr. The hourly and annual emission limitations include both filterable and condensable particulate matter. Compliance with these limitations shall be monitored as follows: 1.7.1 Monthly emissions of PM10 shall be calculated using the emission factors identified in the table in Condition 1.6.3.1 in the following equation: Tons/month = [EF (lbs/MMBtu) x monthly heat input to turbine (MMBtu/mo)] COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 21 of 41 2000 lbs/ton The monthly heat input to the turbine/duct burner shall be determined using the data acquisition and handling systems (DAHS) for the CEMS required by Condition 1.10. A twelve month rolling total of emissions will be maintained to monitor compliance with the annual emission limitations. Each month a new twelve month total shall be calculated using the previous twelve months data. Compliance with the hourly limitation shall be monitored by dividing the monthly emissions by the number of hours operated each month. 1.7.2 Performance testing shall be conducted in accordance with the requirements in Condition 1.13. 1.8 Natural Gas Consumption for each T002 (AIRS 004) turbine/HRSG/duct burner shall not exceed the following limitations: 1.8.1 The total fuel consumption shall not exceed exceed 10,889.75 MMscf/yr. Natural Gas Consumption for each T003 (AIRS 005) turbine/HRSG/duct burner shall not exceed the following limitations: 1.8.2 When operating in either simple cycle mode or combined cycle mode without supplemental fuel natural gas consumption shall not exceed 12,507 MMscf/yr. 1.8.3 When operating in combined cycle mode with supplemental fuel natural gas consumption shall not exceed 16,090 MMscf/yr. The natural gas consumption for each combustion turbine/duct burners shall be monitored using the data acquisition and handling systems (DAHS) for the continuous emission monitoring system (CEMS) required by Condition 1.10. Monthly natural gas consumption from each turbine/duct burner shall be used in rolling twelve month total to monitor compliance with the annual natural gas consumption limitations. Each month a new twelve month total shall be calculated using the previous twelve months data. Note that if any time during the 12 -month rolling period natural gas has been fired in the duct burners, the 16,090 MMscf/yr natural gas consumption limit shall apply for T003 (AIRS 005), while the 10,889.75 MMscf/yr natural gas consumption limit shall continue to apply for T002 (AIRS 004). The permitteee shall maintain records of the operating mode (simple cycle or combined cycle without fuel fired in the duct burners versus combined cycle with fuel fired in the duct burners) of each turbine/HRSG/duct burner. 1.9 The permittee shall maintain records demonstrating that the natural gas burned has a total sulfur content less than 0.5 grains/100 SCF. Natural gas that meets this sulfur limitation is considered pipeline quality natural gas as defined in 40 CFR Part 72. The demonstration shall be made using any of the methods identified in 40 CFR Part 75 Appendix D, Section 2.3.1.4.(a). These records shall be made available to the Division upon request. 1.10 For each combustion turbine/HRSG/duct burner, continuous emission monitoring systems (CEMS) shall be installed, certified, calibrated, maintained and operated for measuring NOX (including diluent gas either C02 or O2) and CO emissions. The CEMS shall meet the COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 22 of 41 requirements in Condition 5 of this permit. Monthly emissions of NOX and CO from the continuous emission monitoring system shall be used as specified by Conditions 1.2.3 and 1.3.2 to monitor compliance with the annual NOX and CO emission limitations. 1.12 1.13 Each turbine/HRSG/duct burner shall be equipped with an in -line fuel flow meter that meets the requirements in 40 CFR Part 75 Appendix D to measure fuel combusted in each turbine. Fuel flow data shall be recorded on a data acquisition and handling system as specified in 40 CFR Part 75 Appendix D. These combustion turbines/HRSGs/duct burners are subject to 40 CFR Part 60, Subpart A - General Provisions, as adopted by reference in Colorado Regulation No. 6, Part A. Specifically, these units are subject to the following requirements: 1.12.1 1.12.2 No owner or operator subject to the provisions of this part shall build, erect, install, or use any article, machine, equipment or process, the use of which conceals an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous diluents to achieve compliance with an opacity standard or with a standard which is based on the concentration of a pollutant in the gases discharged to the atmosphere. At all times, including periods of startup, shutdown, and malfunction owners and operators shall to the extent practicable, maintain and operate any affected facility including associated air pollution control equipment in a manner consistent with good air pollution control practice for minimizing emissions. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the Division which may include, but is not limited to monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source. The source shall conduct compliance tests for each combustion turbine/HRSG/duct burner, when operating in simple cycle mode and combined cycle mode with supplemental fuel every five (5) years to monitor compliance with the PM and PM10 emission limitations in Conditions 1.6.3 and 1.7. The compliance tests shall be conducted in accordance with the requirements of 40 CFR Part 60 Subpart A § 60.8 using EPA Test Methods 5 and 202. Note that the previous compliance tests for these units were completed as follows: Unit Source of Factor Emission Unit 2 Simple Cycle February 28, 2019 — Unit Cycle 2 Combined February 26 & 27, 2019 — Unit 3- Simple Cycle March 6, 2019 Unit Cycle 3 — Combined March 5. 2019 COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 23 of 41 The compliance test must be conducted in accordance with the APCD Compliance Test Manual (as updated and amended by the Division, see at https://cdphe.colorado.gov/compliance-and- enforcement), including deadlines for preparation and submittal of the protocol for Division review and approval and for submittal of the test report. All compliance testing must be approved by the Division prior to conducting the test. 1.14 1.15 1.16 State -only Requirement: No owner or operator may discharge, or cause the discharge into the atmosphere of any particulate matter which is greater than 20% opacity (Colorado Regulation No. 6, Part B, Section II.C.3). This opacity standard applies to each combustion turbine/HRSG/duct burner. In the absence of credible evidence to the contrary, compliance with the opacity limitation shall be presumed since only pipeline quality natural gas is permitted to be used as fuel in the turbines and duct burners. Except as provided for in Condition 1.16 below, no owner or operator of a source shall allow or cause the emission into the atmosphere of any air pollutant which is in excess of 20% opacity. This opacity standard applies to each combustion turbine/HRSG/duct burner. In the absence of credible evidence to the contrary, compliance with the opacity limitation shall be presumed since only pipeline quality natural gas is permitted to be used as fuel in the turbines and duct burners. No owner or operator of a source shall allow or cause to be emitted into the atmosphere any air pollutant resulting from the building of a new fire, cleaning of fire boxes, soot blowing, start-up, process modifications, or adjustment or occasional cleaning of control equipment which is in excess of 30% opacity for a period or periods aggregating more than six (6) minutes in any sixty (60) consecutive minutes (Colorado Regulation No. 1, Section II.A.4). This opacity standard applies to each combustion turbine/HRSG/duct burner. In the absence of credible evidence to the contrary, compliance with the opacity limitation shall be presumed since only pipeline quality natural gas is permitted to be used as fuel in the turbines and duct burners. 1.17 The turbines and duct burners are subject to the requirements in Colorado Regulation No. 26, Part B, Section II.A as follows: Note that the language below is from Colorado Regulation No. 26, adopted by the Colorado Air Quality Control Commissions (AQCC) on December 2, 2024 (effective February 14, 2025). However, if revisions to Colorado Regulation No. 26, Part B, Section II.A are published at a later date, the owner or operator is subject to the requirements contained in the revised version of Section II.A. 1.18.1 Applicability (Regulation No. 26, Part B, Section II.A.1) 1.18.2 1.18.1.1 Except as provided in Section II.A.2., the requirements of this Section II. apply to owners and operators of any stationary combustion equipment that existed at a major source of NOx (greater than or equal to 100 tpy NOx) as of June 3, 2016, located in the 8 -Hour Ozone Control Area. (Regulation No. 26, Part E, Section II.A.1.a) Exemptions (Regulation No. 26, Part B, Section II.A.2) COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 24 of 41 The following stationary combustion equipment are exempt from the emission limitation requirements of Section II.A.4., the compliance demonstration requirements in Section II.A.5., and the related recordkeeping and reporting requirements of Sections II.A.7.a-e. and II.A.8, but these sources must maintain any and all records necessary to demonstrate that an exemption applies. These records must be maintained for a minimum of five years and made available to the Division upon request. Qualifying for an exemption in this section does not preclude the combustion process adjustment requirements of Section II.A.6., when required by II.A.6.a. Once stationary combustion equipment no longer qualifies for any exemption, the owner or operator must comply with the applicable requirements of this Section ILA. as expeditiously as practicable but no later than 36 months after any exemption no longer applies. Additionally, once stationary combustion equipment that is not equipped with CEMS or CERMS no longer qualifies for any exemption, the owner or operator must conduct a performance test using EPA test methods within 180 days and notify the Division of the results and whether emission controls will be required to comply with the emission limitations of Section II.A.4. (Regulation No. 26, Part B, Section II.A.2) 1.18.3 1.18.2.1 1.18.2.2 Any stationary combustion equipment whose utilization is less than 10% of its capacity factor on an annual average basis over a 3 -year rolling period for stationary combustion turbines and compression ignition reciprocating internal combustion engines. (Regulation No. 26, Part B, Section II.A.2.a.(ii)) Any stationary combustion equipment with total uncontrolled actual emissions less than 5 tpy NOx on a calendar year basis. (Regulation No. 26, Part B, Section II.A.2.d) Emission Limitations (Regulation No.26, Part B, Section II.A.4) By October 1, 2021, no owner or operator of stationary combustion equipment specified in Section II.A.1.a. may cause, allow, or permit NOx to be emitted in excess of the following emission limitations. When demonstrating compliance using continuous emissions monitoring pursuant to Section II.A.5.c.(i), the following emission limitations are on a 30 -day rolling average basis, unless otherwise specified. (Regulation No. 26, Part B, Section II.A.4. 1st paragraph) 1.18.3.1 Stationary combustion turbines with a maximum design heat input capacity equal to or greater than 10 MMBtu/hr and which commenced construction on or before February 18, 2005 must comply with the following NOx emission limits (Regulation No. 26, Part B, Section II.A.4.b.(i)) a. 15 ppm at 15 percent O2 or 54 ng/J of useful output (0.43 lb/MWh). COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 25 of 41 b. Turbines operating at less than 75 percent of peak load 96 ppm at 15 percent O2 or 590 ng/J of useful output (4.7 lb/MWh). c. Turbines operating at temperatures less than 0 °F 96 ppm at 15 percent O2 or 590 ng/J of useful output (4.7 lb/MWh). d. For units with heat recovery and CEMS, determine compliance on a 30 -day rolling average. (Regulation No. 26, Part B, Section II.A.4.b.(i)(A)) e. For operating periods during which multiple emissions standards apply, the applicable standard is the average of the applicable standards during each hour. For hours with multiple emissions standards, the applicable limit for that hour is determined based on the condition that corresponded to the highest emissions standard. (Regulation No. 26, Part B, Section II.A.4.b.(i)(C)) f. Emissions exceeding the NOx emission limits in Section II.A.4.b.(i) at any time, including during times of startup, shutdown, malfunction, fuel switching, tuning, and testing must be reported as specified in Section II.A.8.a.(i). (Regulation No. 26, Part B, Section II.A.4.b.(i)(D)) 1.18.4 1.18.3.2 Stationary combustion turbines subject to the categorical limits in Section II.A.4.b.(i) or (ii) (Condition 1.18.3.1) above and stationary combustion turbines with a maximum design heat input capacity less than 10 MMBtu/hr must comply with the combustion process adjustment requirements contained in Section II.A.6. while burning gaseous fuel, liquid fuel, or any combination thereof, when required by Section II.A.6.a. (Regulation No. 26, Part B, Section II.A.4.b.(iii)) Compliance (Regulation No. 26, Part B, Section II.A.5) 1.18.4.1 By October 1, 2021, for stationary combustion equipment that existed at a major source of NOx (greater than or equal to 100 tpy NOx) as of June 3, 2016, the owner or operator of an affected unit must determine compliance with the applicable emission limitations contained in Section II.A.4. according to the applicable methods contained in this Section II.A.5. (Regulation NO. 26, Part B, Section II.A.5.a) 1.18.4.2 Compliance with the NOX limits in Condition 1.18.3.1 shall be monitored using the NOX CEMS required by Condition 1.10. COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 26 of 41 1.18 1.18.5 The combustion process adjustment and associated recordkeeping requirements in Condition 10 apply to any turbine or duct burner with actual, uncontrolled emissions equal to or greater than 5 tons per year of NOX. (Colorado Regulation No. 26, Part B, Section II.A.6.a.(i)) 1.18.6 Recordkeeping. (Regulation No. 26, Part B, Section II.A.7) 1.18.6.1 1.18.6.2 The following records must be kept for a period of five years and made available to the Division upon request (Regulation No. 26, Part B, Section II.A.7): The stationary combustion equipment's (turbines) annual capacity factor on a calendar year basis. (Regulation No. 26, Part B, Section II.A.7.d) All sources qualifying for an exemption under Section II.A.2. must maintain all records necessary to demonstrate that an exemption applies. (Regulation No. 26, Part B, Section II.A.7.g) You must operate and maintain your stationary combustion turbine, air pollution control equipment, and monitoring equipment in a manner consistent with good air pollution control practices for minimizing emissions at all times including during startup, shutdown, and malfunction. (60.4333(a)) COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 27 of 41 2. Continuous Emission Monitoring Systems (GEMS) The following requirements apply to the NOX, CO and diluent (either 02 or C02) continuous emission monitoring systems (CEMS) required by Conditions 1.10, 2.8 and 8.10. 2.1 Monitoring Requirements For each turbine (i.e., combustion turbine or combustion turbine/HRSG/duct burner), a continuous emission monitoring system shall be installed, calibrated, and operated on the exhaust stack to determine and record the following. 2.1.1 Concentration of Oxides of Nitrogen; ppmvd corrected to 15% 02, hourly average and 24 -hour average (Turbine 4 only), in the exhaust; Emissions of Oxides of Nitrogen; tons/month, rolling twelve month; Concentration of Carbon Monoxide; ppmvd corrected to 15% 02, hourly average, in the exhaust; 2.1.2 2.1.3 2.1.4 Emissions of Carbon Monoxide; lbs/hr, tons/month, rolling twelve month; 2.1.5 Average combustion turbine load; 2.1.6 Load at which steam turbine is operating; and 2.1.7 Operating mode — startup, shutdown and/or standard operation. 2.2 Equipment and QA/QC Requirements 2.2.1 The Continuous Emission Monitoring Systems are subject to the following requirements: 2.2.1.1 Except as provided for below, the Co monitors are subject to the applicable requirements of 40 CFR Part 60. The monitoring systems shall meet the equipment, installation and performance specifications of 40 CFR Part 60 Appendix B, Performance Specification 4/4A. These CEMS are subject to the quality assurance/quality control requirements in 40 CFR Part 60 Appendix F and Subpart A § 60.13 and Condition 5.2.1.3 of this permit. a. The CO CEMS data shall meet the applicable "primary equipment hourly operating requirements" for hourly average calculation methodology specified in 40 CFR Part 75 Subpart B § 75.10(d). b. Annual CO monitor relative accuracy (RA) testing will be performed in ppm @ 15% 02 measurement units, and COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 28 of 41 will be performed according to 40 CFR Part 60, Appendix B, Performance Specification 4A. c. Relative accuracy test audit (RATA) frequency will be determined according to 40 CFR Part 75 Appendix B. 2.2.2 2.2.1.2 Except as provided for below, the NOX (and diluent) monitors are subject to the applicable requirements of 40 CFR Part 75. The monitoring systems shall meet the equipment, installation and performance specification requirements in 40 CFR Part 75, Appendix A. These CEMS shall meet the quality assurance/quality control requirements in 40 CFR Part 75, Appendix B, the conversion procedures of Appendix F and Condition 5.2.1.3 of this permit. 2.2.1.3 The NOX and CO CEMS are subject to the following requirements: 2.2.2.2 a. Relative Accuracy Test Audits (RATAs): RATAs shall be conducted in the units (e.g., lb/MMBtu, ppm) of the e mission limitation for all of the emission limitations that are applicable to the emissions unit. The RATAs for e missions units that have annual emission limitations (tons/yr) will be conducted in terms of pounds per hour (lb/hr). b. The DAHS shall be able to record and manipulate the data in the units (e.g., lb/MMBtu, ppm) of the emission limitation and meet the reporting requirements for all for the emissions limitations that are applicable to the e missions unit. Quality assurance/quality control plans shall be prepared for the continuous emission monitoring systems as follows: 5.2.2.1 The quality assurance/quality control plan for the CO monitors shall be prepared in accordance with the applicable requirements in 40 CFR Part 60, Appendix F, except that gas cylinder audit (GCA) testing is not required during quarters with less than 168 hours of operating time. The quality assurance /quality control plan for the NOX (and diluent) monitors shall be prepared in accordance with the applicable requirements in 40 CFR Part 75, Appendix B. The quality assurance/quality control plans shall be made available to the Division upon request. Revisions shall be made to the plans at the request of the Division. COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 29 of 41 2.3 General Provisions 2.3.1 2.3.2 2.3.3 2.3.4 2.3.5 2.3.6 NOX (and diluent) monitors: The permittee shall ensure that all continuous emission monitoring systems required are in operation and monitoring unit emissions at all times that the unit combusts any fuel except as provided in 40 CFR Part 75 § 75.11(e) and during periods of calibration, quality assurance, or preventative maintenance performed pursuant to 40 CFR Part 75 § 75.21 and Appendix B, periods of repair, periods of backups of data from a data acquisition and handling system or recertification performed pursuant to 40 CFR Part 75 § 75.20. (40 CFR Part 75 § 75.10(d)). CO monitors: Except for system breakdowns, repairs, calibration checks, and zero and span adjustments required under § 60.13(d), all continuous monitoring systems shall be in continuous operation and shall meet minimum frequency of operation requirements as set forth in § 60.13(e)(2). (40 CFR Part 60 Subpart A § 60.13(e)). Alternative monitoring systems, alternative reference methods, or any other alternatives for the required continuous emission monitoring systems shall not be used without having obtained prior written approval from the appropriate agency, either the Division or the U.S. EPA, depending on which agency is authorized to approve such alternative under applicable law. Any alternative continuous emission monitoring systems must be certified in accordance with the requirements of 40 CFR Part 75 prior to use. All test and monitoring equipment, methods, procedures and reporting shall be subject to the review and approval by the appropriate agency, either the Division or the U.S. EPA, depending on which agency is authorized to approve such alternative under applicable law, prior to any official use. The Division shall have the right to inspect such equipment, methods and procedures and data obtained at any time. The Division may provide a witness(s) for any and all tests as Division resources permit. A file suitable for inspection shall be maintained of all measurements, including continuous monitoring system, monitoring device, and performance testing measurements; all continuous monitoring system performance evaluations; all continuous monitoring system or monitoring device calibration checks; adjustments and maintenance performed on these systems or devices; and all other information required by applicable portions of 40 CFR Part 60 Subpart A and Appendices B and F and 40 CFR Part 75. Records shall be maintained of the occurrence and duration of any startup, shutdown, or malfunction in the operation of the source; any malfunction of the air pollution control equipment; or any periods COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 30 of 41 during which a continuous monitoring system or monitoring device is inoperative (40 CFR Part 60 Subpart A § 60.7(b), as adopted by reference in Colorado Regulation No. 6, Part A). 2.4 Data Replacement Requirements For periods when quality assured data is not available from the continuous e mission monitoring systems the data replacement procedures in 40 CFR Part 75 Subpart D shall be used for determining the total (annual) emissions. Although carbon monoxide emissions are not specifically referenced in the Subpart D procedures, the CEM data acquisition system will be programmed to substitute carbon monoxide emissions using the same procedures specified for oxides of nitrogen. For purposes of monitoring compliance with the annual e mission limitations (tons/yr) replaced and bias -adjusted data shall be included when assessing compliance with the annual limitations. Note that since CO e missions are not subject to requirements in 40 CFR Part 75 the CO emission data is not required to be bias -adjusted. 2.5 Recordkeeping and Reporting Requirements 2.5.1 2.5.1.2 2.5.1.3 Each owner or operator required to install a continuous monitoring device shall submit excess emissions and monitoring systems performance report (excess emissions are defined in applicable subparts and this permit) and/or summary report form (see Condition 5.5.2) to the Division quarterly. All reports shall be postmarked by the 30th day following the end of each calendar quarter. (§ 60.7(c), revised to stipulate quarterly reporting. Written reports of excess emissions shall include the following information: 5.5.1.1 The magnitude of excess e missions computed in accordance with 40 CFR Part 60 Subpart A § 60.13(h) and Division guidelines, as applicable, any conversion factor(s) u sed, and the date and time of commencement and completion of each time period of excess emissions and the process operating time during the reporting period. (§ 60.7(c)(1)) Specific identification of each period of excess emissions that occurs during startups, shutdowns, and malfunctions of the affected facility. The nature and cause of any malfunction (if known), the corrective action taken or preventative measures adopted. (§ 60.7(c)(2)) The date and time identifying each period during which the continuous monitoring system was inoperative except for zero and span checks and the nature of the system repairs or adjustments (§ 60.7(c)(3)). 2.5.1.4 When no excess emissions have occurred or the continuous monitoring system(s) have not been inoperative, repaired, or COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 31 of 41 adjusted, such information shall be stated in the report (§ 60.7(c)(4)). 2.5.2 The summary report form shall contain the information and be in the format shown in figure 1 of § 60.7 unless otherwise specified by the Division. One summary report form shall be submitted for each pollutant monitored at each affected facility. (§ 60.7(d)) If the total duration of excess emissions for the reporting period is less than 1 percent of the total operating time for the reporting period and CMS downtime for the reporting period is less than 5 percent of the total operating time for the reporting period, only the summary report form shall be submitted and the excess emission report described in Condition 5.5.1 need not be submitted unless requested by the Division. (§ 60.7(d)(1)). If the total duration of excess emissions for the reporting period is 1 percent or greater of the total operating time for the reporting period or the total CMS downtime for the reporting period is 5 percent or greater of the total operating time for the reporting period, the summary report form and the excess emission report described in Condition 5.5.1 shall both be submitted. (§ 60.7(d)(2)) 2.6 Specific Provisions for NSPS Subpart KKKK The requirements in this Condition 5.6 reflect the rule language in 40 CFR Part 60 Subpart KKKK as of the latest revisions to 40 CFR Part 60 Subpart KKKK published in the Federal Register on March 20, 2009. However, if revisions to this Subpart are promulgated at a later date, the owner or operator is subject to the requirements contained in the revised version of 40 CFR Part 60 Subpart KKKK. Please note that proposed revisions to 40 CFR Part 63 Subpart KKKK were published in the Federal Register on August 29, 2012 to address a petition for reconsideration filed by the Utility Air Regulatory Group (UARG) on September 5, 2006 regarding the July 2006 final rule and to address other technical and editorial issues. Therefore, the requirements below may change in the future. 2.6.1 As specified in 40 CFR Part 60 Subpart KKKK § 60.4345(a), if a Part 75 NOX CEMS is used, the RATA shall be performed on a lb/MMBtu basis. 2.6.2 As specified in 40 CFR Part 60 Subpart KKKK § 60.4350(d) (Conditions 2.5.2.7 and 8.2.2.7) and approved by the Division, only quality assured data from the CEMS shall be used to identify excess emissions. Periods where the missing data substitution procedures in Subpart D of Part 75 are applied are to be reported as monitor downtime in the excess emission reports specified in Condition 5.5. COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 32 of 41 2.6.3 2.6.3.2 2.6.3.3 For the purpose of reports required under Condition 5.5, periods of excess emissions and monitor downtime that must be reported are defined as follows: 5.6.3.1 An excess emissions is any unit operating period in which the 4 -hour or 30 -day rolling average NOX emission rate exceeds the applicable emission limit in §60.4320. For the purposes of this subpart, a "4 -hour rolling average NOX emission rate" is the arithmetic average of the average NOX emission rate in ppm or ng/J (lb/MWh) measured by the continuous emission monitoring equipment for a given hour and the three unit operating hour average NOX emission rates immediately preceding that unit operating hour. Calculate the rolling average if a valid NOX emission rate is obtained for at least 3 of the 4 hours. For the purposes of this subpart, a "30 -day rolling average NOX emission rate" is the arithmetic average of all hourly NOX emission data in ppm or ng/J (lb/MWh) measured by the continuous emission monitoring equipment for a given day and the twenty-nine unit operating days immediately preceding that unit operating day. A new 30 -day average is calculated each unit operating day as the average of all hourly NOX emissions rates for the preceding 30 unit operating days if a valid NOX emission rate is obtained for at least 75 percent of all operating hours. (§ 60.4380(b)(1)) A period of monitor downtime is any unit operating hour in which the data for any of the following parameters are either missing or invalid: NOX concentration, CO2 or O2 concentration, fuel flow rate, steam flow rate, steam temperature, steam pressure, or megawatts. The steam flow rate, steam temperature, and steam pressure are only required if you will use this information for compliance purposes. (§ 60.4380(b)(2)) For operating periods during which multiple emissions standards apply, the applicable standard is the average of the applicable standards during each hour. For hours with multiple emissions standards, the applicable limit for that hour is determined based on the condition that corresponded to the highest emissions standard. (§ 60.4380(b)(3)) Section III — Additional Requirements & General Conditions ADDITIONAL REQUIREMENTS 1. All previous versions of this permit are superseded upon issuance of this permit. 2. The permit number and AIRS ID number must be marked on the subject equipment for ease of identification. (Reference: Regulation Number 3, Part B, Section I I I. E. ) (State -only enforceable) 3. A Revised Air Pollutant Emission Notice (APEN) must be filed: (Reference: Regulation Number 3, Part A, Section II.C.) C. ) COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 33 of 41 a. By April 30 of the year following a significant increase in emissions. A significant increase in emissions is defined as follows: For any criteria pollutant: For sources emitting less than one hundred (100) tons per year, a change in actual emissions of five (5) tons per year or more, above the level reported on the last APEN submitted; or For volatile organic compounds (VOC) and nitrogen oxide (N0x) sources in an ozone non -attainment area emitting less than one hundred (100) tons of VOC or nitrogen oxides per year, a change in actual emissions of one (1) ton per year or more or five percent (5%), whichever is greater, above the level reported on the last APEN submitted; or For sources emitting one hundred (100) tons per year or more of a criteria pollutant, a change in actual emissions of five percent (5%) or fifty (50) tons per year or more, whichever is less, above the level reported on the last APEN submitted; or For sources emitting any amount of lead, a change in actual emissions, above the level reported on the last APEN submitted, of fifty (50) pounds of lead For any non -criteria reportable pollutant: If the emissions increase by fifty percent (50%) or five (5) tons per year, whichever is less, above the level reported on the last APEN submitted to the Division. b. Whenever there is a change in the owner or operator of any facility, process, or activity. c. Whenever new control equipment is installed, or whenever a different type of control equipment replaces an existing type of control equipment. d. Whenever a permit limitation must be modified. e. No later than thirty (30) days before the existing APEN expires. 4. The permit holder must construct and maintain exhaust stack heights as listed in the table below. Equipment Facility ID AIRS Point above Minimum stack ground level height (m) T007 014 30.48 T008 015 30.48 T002_C C 004 53.34 T002_SC 004 31.7 T003_CC 005 53.34 T003_SC 005 31.7 T004_CC 008 53.34 T004_SC 008 31.7 010 41.15 T005 TO06 011 41.15 AUXBLR 001 31.09 COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 34 of 41 ENG01 N/A 31.39 ENG02 N/A 5.18 5. Public access must be precluded in all areas within the modeling receptor exclusion zone as submitted with the modeling in the application. The exclusion zone must be fenced and posted with no trespassing signs. (Reference: Regulation Number 3, Part B, Section III.B.5.) 6. All equipment currently covered by an existing Title V permit must comply with all monitoring, reporting, and record keeping requirements outlined in the current Title V Operating Permit. (Reference: Regulation Number 3, Part B, Section III.E.) General Terms and Conditions 7. This permit and any attachments must be retained and made available for inspection upon request. The permit may be reissued to a new owner by the Division as provided in Regulation Number 3, Part B, Section II.B. upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. 8. If this permit specifically states that final approval has been granted, then the remainder of this condition is not applicable. Otherwise, the issuance of this construction permit is considered initial approval and does not provide "final" approval for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of 25-7-114.5(12)(a) C.R.S. and AQCC Regulation Number 3, Part B, Section III.G. Final approval cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. Once self -certification of all points has been reviewed and approved by the Division, it will provide written documentation of such final approval. Details for obtaining final approval to operate are located in the "Requirements to Self -Certify for Final Approval" section of this permit. The operator must retain the permit final approval letter issued by the Division after completion of self -certification with the most current construction permit. 9. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity(ies) specifically identified in this permit. If subsequent operations or testing at the source indicate the information supplied to obtain this permit and relied upon in the creation and issuance of this permit is inaccurate, the source must submit an application to modify the permit to address the inaccuracy(ies). (Reference: Regulation Number 3, Part B, Section III.E.) Permit History Issuance Date Description Issuance 1 May 26, 1995 Issued to Public Service Company of Colorado. Issuance 2 Issuance Addition control operating source modification. NOx. have of SCR Updating permit gone to language turbine through permit 002 since title (AIRS to incorporate all V updates before ID 004) this to for title this V This NOTES TO PERMIT HOLDER (AS OF DATE OF PERMIT ISSUANCE) 1) The production or raw material processing limits and emission limits contained in this permit are based on the production/processing rates requested in the permit application. These limits COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 35 of 41 2 3 4 5 may be revised upon request of the permittee providing there is no exceedence of any specific emission control regulation or any ambient air quality standard. A revised air pollutant emission notice (APEN) and application form must be submitted with a request for a permit revision. (Reference: Regulation Number 3, Part B, Section II.A.4.) ) This source is subject to the Common Provisions Regulation Part II, Subpart E, Affirmative Defense Provision for Excess Emissions During Malfunctions. The permittee must notify the Division of any malfunction condition which causes a violation of any emission limit or limits stated in this permit as soon as possible, but no later than noon of the next working day, followed by written notice to the Division addressing all of the criteria set forth in Part II.E.1. of the Common Provisions Regulation. The following emissions of non -criteria reportable air pollutants are estimated based upon the process limits as indicated in this permit. This information is listed to inform the operator of the Division's analysis of the specific compounds emitted if the source(s) operate at the permitted limitations. AIRS Point Pollutant CAS # Uncontrolled Emission (lb/year) Rate emissions reportable? Are the Controlled Emission (lb/year) Rate 004 005 EtAcetaldehyde 75070 2320 YES N/A 004 005 EtFormaldehyde 50000 8260 YES N/A 004 005 EtToluene 108883 3360 YES N/A 004 005 EtXylene 1300207 1640 YES N/A 004 005 EtNickel N/A 2920 YES N/A 004 005 EtManganese g N/A 2040 YES N/A The emission levels contained in this permit are based on the following emission factors: Emission Factors for AIRS Point 004 &t 005: CAS Pollutant Uncontrolled Unit Source - PM, PM10 PM2.5 Et 0.0066 lb/MMBTU AP -42 - SO2 0.0034 lb/MMBTU AP -42 - CO 0.082 lb/MMBTU AP -42 - V0C 0.0021 lb/MMBTU AP -42 75070 Acetaldehyde 0.0000912 lb/MMBTU ICCR 50000 Formaldehyde de 0.000318 lb/MMBTU Stack Test 108883 Toluene 0.00013 lb/MMBTU AP -42 1300207 Xylene 0.000064 lb/MMBTU AP -42 In accordance with C.R.S. 25-7-114.1, each Air Pollutant Emission Notice (APEN) associated with this permit is valid for a term of five (5) years from the date it was received by the Division. A revised APEN must be submitted no later than thirty (30) days before the five-year COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 36 of 41 6 term expires. Please refer to the most recent annual fee invoice to determine the APEN expiration date for each emissions point associated with this permit. For any questions regarding a specific expiration date call the Division at (303)-692-3150. This facility is classified as follows: Applicable Requirement Status Operating Permit Major Source: NOx, VOC NANSR Major Source: NOx, VOC 7) Full text of the Title 40, Protection of Environment Electronic Code of Federal Regulations can be found at the Code of Federal Regulations Website. Part 60: Standards of Performance for New Stationary Sources Regulation Type CFR Citation Subpart Name NSPS 60.1 -End Subpart A - Subpart KKKK 8) The permit holder is required to pay fees for the processing time for this permit. An invoice for The permit holder is required to pay fees for the processing time for this permit. An invoice for these fees will be issued after the permit is issued. Failure to pay the invoice will result in revocation of this permit. The permit holder must pay the invoice within thirty (30) days of receipt of the invoice. (Reference: Regulation Number 3, Part A, Section VI. B. ) 9) Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the Division to be necessary to assure compliance with the provisions of Section 25-7-114.5(7)(a), C.R.S. 10) Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of a condition hereof must constitute a rejection of the entire permit and upon such occurrence, this permit must be deemed denied ab initio. This permit may be revoked at any time prior to self -certification and final authorization by the Division on grounds set forth in the Colorado Air Pollution Prevention and Control Act and regulations of the AQCC including failure to meet any express term or condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by the applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AQCC for review of the Division's action. (Reference: Regulation Number 3, Part B, Section III.F. 11) Section 25-7-114.7(2)(a), C.R.S. requires that all sources required to file an Air Pollutant Emission Notice (APEN) must pay an annual emission fee. If a source or activity is to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification, annual fee billing will terminate. 12) Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and Control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S. COLORADO Air Pollution Control Division Department of Public Health & Erwirortment Page 37 of 41 APPENDIX E Permit Acronyms Listed Alphabetically: AIRS - Aerometric Information Retrieval System AP -42 - EPA Document Compiling Air Pollutant Emission Factors ADEN - Air Pollution Emission Notice (State of Colorado) APCD - Air Pollution Control Division (State of Colorado) ASTM - American Society for Testing and Materials BACT - Best Available Control Technology BTU - British Thermal Unit CAA - Clean Air Act (CAAA = Clean Air Act Amendments) CCR - Colorado Code of Regulations CEM - Continuous Emissions Monitor CF - Cubic Feet (SCF = Standard Cubic Feet) CFR - Code of Federal Regulations CO - Carbon Monoxide COM - Continuous Opacity Monitor CRS - Colorado Revised Statute EF - Emission Factor EPA - Environmental Protection Agency FI - Fuel Input Rate in MMBtu/hr FR - Federal Register G - Grams Gal - Gallon GPM - Gallons per Minute HAPs - Hazardous Air Pollutants HP - Horsepower HP -HR - Horsepower Hour (G/HP-HR = Grams per Horsepower Hour) LAER - Lowest Achievable Emission Rate LBS - Pounds M - Thousand MM - Million MMscf - Million Standard Cubic Feet MMscfd - Million Standard Cubic Feet per Day N/A or NA - Not Applicable NOx - Nitrogen Oxides NESHAP - National Emission Standards for Hazardous Air Pollutants NSPS - New Source Performance Standards P - Process Weight Rate in Tons/Hr PE - Particulate Emissions PM - Particulate Matter PMio - Particulate Matter Under 10 Microns PPM Parts Per Million PPMV Parts Per Million, by Volume COLORADO Air Pollution Control Division Department of Public Health Lr Environment Page 38of41 PPMVD Parts Per Million, by Volume, Dry PSD - Prevention of Significant Deterioration PTE - Potential To Emit RACT - Reasonably Available Control Technology SCC - Source Classification Code SCF - Standard Cubic Feet SIC - Standard Industrial Classification SO2 - Sulfur Dioxide TPY - Tons Per Year TSP - Total Suspended Particulate VOC - Volatile Organic Compounds a COLORADO Air Pollution Control Division Department of Public Health Lr Environment Page 39of41 APPENDIX C VOC Correlation Equations Turbine 2 Revision 1- May 2000 For all Turbine 2 Equations: y= VOC (lb/hr or ppm) x= Heat Input (MMBtu, CT: simple cycle, Duct Burners: combined cycle) Simple Cycle, ppm MMF Model: y=(a*b+c *x^d)/(b+x^d) Coefficient Data: a = -10.70408 b = 29.46769 c = 1.859911 d = 0.808016 Simple Cycle, lbs/hr MMF Model: y=(a*b+c*x^d)/(b+x^d) Coefficient Data: a= -17013.15 b = 934.6225 c = 7.491049 d = 2.20199 Turbine 3 Revision 1 — May 2000 For all Turbine 3 equations: y= VOC (lb/hr or ppm) x= Heat Input (MMBtu, CT: simple cycle, Duct Burners: combined cycle) Simple Cycle, ppm Richards Model: y=a/(l+exp(b-cx)^(1/d)) Coefficient Data: a = 0.51302 b = 0.555636 c = -0.004311 d = 29.75011 Simple Cycle, lbs/hr a COLORADO Air Pollution Control Division Department of Public Health Lr Environment Page 40of41 MMF Model: y=(a*b+c*x^d)/(b+x^d) Coefficient Data: a = -849.1986 b = 228.2923 c = 3.014795 d = 1.807953 COLORADO Air Pollution Control Division Department of Pu.bl c Health& EnvAratiment Page 41of41 Permit Number: Date Issued: Issued To: COLORADO Air Pollution Control Division Department of Public Healkh. Et Erwironment CONSTRUCTION PERMIT 24WE0182 (Issuance 1) June 18, 2025 489320 Public Service Company of Colorado Facility Name: Plant AIRS ID: Physical Location: County: General Description: Facility Name 123-0023 16805 County Rd 19 1/2 Weld County Power Plant Equipment or activity subject to this permit: Equipment Facility ID AIRS Point Description p 1007 014 One (1) generation: Fuel Make: Model: Serial Design Usage: Simple Number: General 7F.05 rating:1,943.7 Natural Cycle Electric TBD Gas Combustion MMBTU/hr Turbine for electricity 015 One (1) generation: Fuel Make: Model: Serial Design Usage: Simple Number: General 7F.05 rating:1,943.7 Natural Cycle Electric Combustion MMBTU/hr Turbine for electricity 1008 TBD Gas THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT C.R.S. (25-7-101 et seq), TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: REQUIREMENTS TO SELF -CERTIFY FOR FINAL APPROVAL 1. Point(s) 014, 015: You must notify the Air Pollution Control Division (Division) no later than fifteen (15) days after commencement of operation under this permit by submitting a Notice of Startup (NOS) to the Division. The NOS must be submitted using the Division's online COLORADO Air Pollution Control Division Department of Public l-ealth 49 Environment Page 1 of 13 submission tool on the Division's self -certification webpage. Failure to notify the Division of startup of the permitted source is a violation of AQCC Regulation Number 3, Part B, Section III.G.1, and can result in the revocation of the permit. 2. Within one hundred and eighty (180) days after commencement of operation or issuance of this permit, whichever is later, compliance with the conditions contained on this permit must be demonstrated to the Division. It is the permittee's responsibility to self -certify compliance with the conditions. Failure to demonstrate compliance within 180 days may result in revocation of the permit or enforcement action by the Division. Information on how to certify compliance was mailed with the permit or can be obtained from the Division's website. Search for "Colorado air permit self -certification" in a search engine to find self -certification information. (Reference: Regulation Number 3, Part B, Section III.G.2.) 3. This permit will expire if the owner or operator of the source for which this permit was issued: (i) does not commence construction/modification or operation of this source within eighteen (18) months after either, the date of issuance of this construction permit or the date on which such construction or activity was scheduled to commence as set forth in the permit application associated with this permit; (ii) discontinues construction for a period of 18 months or more; or (iii) does not complete construction within a reasonable time of the estimated completion date. The Division may grant extensions of the deadline per Regulation Number 3, Part B, Section III.F.4.b. F.4. b. (Reference: Regulation Number 3, Part B, Section III.F.4.) F.4. ) 4. Point(s) 014, 015: Within one hundred and eighty (180) days after commencement of operation or issuance of this permit, whichever is later, the operator must complete all initial compliance testing and sampling as required in this permit and submit the results to the Division as part of the self -certification process. (Reference: Regulation Number 3, Part B, Section 5. Point(s) 014, 015: The owner or operator must develop an operating and maintenance (O&M) plan, along with a recordkeeping format, that outlines how the applicant will maintain compliance on an ongoing basis with the requirements of this permit. Compliance with the O&M plan must commence at startup. Within one hundred and eighty (180) days after commencement of operation or issuance of this permit, whichever is later, the owner or operator must submit the OEtM plan to the Division. Failure to submit an acceptable operating and maintenance plan could result in revocation of the permit. Note that the Division may modify the monitoring requirements as part of the Title V Operating Permit if this facility is subject to Title V permitting. (Reference: Regulation Number 3, Part B, Section III.G.7.) ) 6. Within thirty (30) days after commencement of operation or issuance of this permit, whichever is later, the permit number and AIRS ID number must be marked on the subject equipment for ease of identification. (Reference: Regulation Number 3, Part B, Section II I. E.) (State only enforceable.) 7. Point(s) 014, 015: The serial number of the subject equipment must be provided to the Division within one hundred and eighty (180) days after commencement of operation or issuance of this permit, whichever is later. (Reference: Regulation Number 3, Part B, Section III.G.2.) EMISSION LIMITATIONS AND RECORDS 8. Emissions of air pollutants must not exceed the following limitations. Monthly records of the actual emission rates must be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation Number 3, Part B, Section II.A.4.) ) COLORADO Air Pollution Control Division Department of Public Health 49 Environment Page 2 of 13 Quarterly Limits for AIRS Point 014 (tons per quarter): Quarter PM PM10 PM2,5 NO), S02 V0C CO Emission Type January - March 0.62 1.17 1.17 11.59 0.45 1.05 10.05 Point April - June 0.53 1.00 1.00 9.89 0.38 0.89 8.57 Point July - September 0.53 1.00 1.00 9.89 0.38 0.89 8.57 Point October - December 0.62 1.17 1.17 11.59 0.45 1.05 10.05 Point Quarterly Limits for AIRS Point 015 (tons per quarter): Quarter PM PM10 PM2,5 N0X S02 V0C CO Emission Type January - March 0.62 1.17 1.17 11.59 0.45 1.05 10.05 Point April - June 0.53 1.00 1.00 9.89 0.38 0.89 8.57 Point July - September 0.53 1.00 1.00 9.89 0.38 0.89 8.57 Point October - December 0.62 1.17 1.17 11.59 0.45 1.05 10.05 Point Note: Quarterly limits are based on the following percentage of the annual limits: Jan to Mar - 26.99%, Apr to Jun - 23.01%, Jul to Sep - 23.01%, and Oct to Dec - 26.99%. Annual Limits (tons per year): Equipment Facility ID AIRS Point PM PM�o PM2.5 NO), S02V0C CO Emission Type 014 2.31 4.33 4.33 42.96 1.66 3.88 37.25 Point 1007 1008 015 2.31 4.33 4.33 42.96 1.66 3.88 37.25 Point See "Notes to Permit Holder" for information on emission factors and methods used to calculate limits. During the first twelve (12) months of operation, compliance with both the quarterly and annual emission limitation(s) is required. After the first twelve (12) months of operation, compliance with only the annual limitation(s) is required. Compliance with the annual limits must be determined on a rolling twelve (12) -month total. By the end of each month a new twelve-month total is calculated based on the previous twelve months' data. The permit holder must calculate actual emissions each month and keep a compliance record on site or at a local field office with site responsibility for Division review. These emission limits have been established based on the anticipated pattern of operation including: start, shutdown and normal operation. For pollutants not continuously monitored, emission tracking and compliance demonstration shall use the method demonstrated within "Notes to Permit Holder" to calculate emissions. The owner or operator must submit an Air Pollutant Emission Notice (APEN) and receive a modified permit prior to the use of any other method of calculating emissions. PROCESS LIMITATIONS AND RECORDS 9. This source must be limited to the following maximum consumption, processing and/or operational rates as listed below. Monthly records of the actual process rate must be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation Number 3, Part B, Section II.A.4.) ) Process/Consumption Limits: COLORADO Air Pollution Control Division Department of Public Health 49 Environment Page 3 of 13 Equipment Facility ID AIRS Point Process Parameter Annual Limit 1007 014 Consumption p of natural g as 2,383,805 MMBTU 1008 015 Consumption p of natural g as 2,383,805 MMBTU Quarterly Limits for AIRS Point 014 (MMBTU per quarter): Quarter Process Parameter Quarterly Limit January - March Consumption of natural gas 643,389 April - June Consumption of natural gas 548,514 July - September Consumption of natural gas 548,514 October - December Consumption of natural gas 643,389 Quarterly Limits for AIRS Point 015 (MMBTU per quarter): Quarter Process Parameter Quarterly Limit January - March Consumption of natural gas 643,389 April - June Consumption of natural gas 548,514 July - September Consumption of natural gas 548,514 October - December Consumption of natural gas 643,389 Note: Quarterly limits are based on the following percentage of the annual limits: Jan to Mar - 26.99%, Apr to Jun - 23.01%, Jul to Sep - 23.01%, and Oct to Dec - 26.99%. During the first twelve (12) months of operation, compliance with both the quarterly and annual process limitation(s) is required. After the first twelve (12) months of operation, compliance with only the yearly limitation(s) is required. Compliance with the annual process limits must be determined on a rolling twelve (12) -month total. By the end of each month a new twelve-month total is calculated based on the previous twelve months' data. The permit holder must calculate monthly process rates and keep a compliance record on site or at a local field office with site responsibility, for Division review. STATE AND FEDERAL REGULATORY REQUIREMENTS 10. Visible emissions must not exceed twenty percent (20%) opacity during normal operation of the source. During periods of startup, process modification, or adjustment of control equipment visible emissions must not exceed thirty percent (30%) opacity for more than six minutes in any sixty (60) consecutive minutes. Opacity must be determined using EPA Method 9. (Reference: Regulation Number 1, Sections II.A.1. Et 4.) 11. This source is subject to the odor requirements of Regulation Number 2. (State -only enforceable) 12. Point 001: This source is subject to the New Source Performance Standards requirements of Regulation Number 6, Part A, Subpart KKKK, Standards of Performance for Stationary Combustion Turbines including, but not limited to, the following: [The requirements below reflect the rule language of 40 CFR Part 60 Subpart KKKK published in the Federal Register on 10/7/2020. However, if revisions to this Subpart are published at a COLORADO Air Pollution Control Division Department of Public Health 49 Environment Page 4 of 13 later date, the owner or operator is subject to the requirements contained in the revised version of 40 CFR Part 60, Subpart KKKK.] a. These turbines are exempt from NSPS Subpart GG. (560.4305(b)) b. Nitrogen Oxide Emissions Limits (560.4320) (Note: Compliance shall be monitored on a 4 -hour rolling average basis as per 560.4350(g)) i. NOx emissions shall not exceed 15 ppm at 15% O2 or 54 ng/J of useful output (0.43 lb/MWh); c. Sulfur Dioxide Emissions Limits (560.4330) i. SO2 emissions shall not exceed 0.9 lb/MWh gross output (560.4330(a)(1)); or ii. Operator shall not burn any fuel that contains total potential sulfur emissions in excess of 0.060 lb SO2/MMBtu heat input. (560.4330(a)(2)) d. General Requirements (560.4333) Operator must operate and maintain your stationary combustion turbine, air pollution control equipment, and monitoring equipment in a manner consistent with good air pollution control practices for minimizing emissions at all times including during startup, shutdown and malfunction. (560.4333(a)) e. NOx Monitoring (5560.4340 and 60.4345) Operator must perform annual performance tests in accordance with § 60.4400 to demonstrate continuous compliance. If the NOX emission result from the performance test is less than or equal to 75 percent of the NOX emission limit for the turbine, you may reduce the frequency of subsequent performance tests to once every 2 years (no more than 26 calendar months following the previous performance test). If the results of any subsequent performance test exceed 75 percent of the NOX emission limit for the turbine, you must resume annual performance tests. (560.4340(a)); or ii. As an alternative, operator must install, calibrate, maintain and operate one of the following continuous monitoring systems: 1. Continuous emission monitoring as described in §60.4335(b) and 60.4345 or 2. Continuous parameter monitoring as described in as described in 60.4340(b)(2)(1) -(iv) f. SO2 Monitoring (560.4365 or 5560.4360 and 60.4370) i. The operator shall comply with §60.4365 or with both §560.4360 and 60.4370 to demonstrate compliance with SO2 emissions limits. g• Reporting (560.4375) i. For each affected unit required to continuously monitor parameters or emissions, or to periodically determine the fuel sulfur content under this COLORADO Air Pollution Control Division Department of Public Health 49 Environment Page 5 of 13 subpart, you must submit reports of excess emissions and monitor downtime, in accordance with 560.7(c). Excess emissions must be reported for all periods of unit operation, including start-up, shutdown, and malfunction. (560.4375(a)) ii. For each affected unit that performs annual performance tests in accordance with §60.4340(a), you must submit a written report of the results of each performance test before the close of business on the 60th day following the completion of the performance test. (560.4375(b)) h. Excess Emissions and Monitor downtime (60.4380) i. For the purposes of reports required under 60.7(c), periods of excess emissions and monitor downtime that must be reported are defined as follows: 1. An excess emissions is any unit operating period in which the 4 -hour or 30 -day rolling average NOx emission rate exceeds the applicable emission limit in §60.4320. For the purposes of this subpart, a "4 -hour rolling average NOx emission rate" is the arithmetic average of the average NOx emission rate in ppm or ng/J (lb/MWh) measured by the continuous emission monitoring equipment for a given hour and the three unit operating hour average NOx emission rates immediately preceding that unit operating hour. Calculate the rolling average if a valid NOx emission rate is obtained for at least 3 of the 4 hours. For the purposes of this subpart, a "30 -day rolling average NOx emission rate" is the arithmetic average of all hourly NOx emission data in ppm or ng/J (lb/MWh) measured by the continuous emission monitoring equipment for a given day and the twenty-nine unit operating days immediately preceding that unit operating day. A new 30 -day average is calculated each unit operating day as the average of all hourly NOx emissions rates for the preceding 30 unit operating days if a valid NOx emission rate is obtained for at least 75 percent of all operating hours. (560.4380(b)(1)) 2. A period of monitor downtime is any unit operating hour in which the data for any of the following parameters are either missing or invalid: NOx concentration, CO2 or O2 concentration, fuel flow rate, steam flow rate, steam temperature, steam pressure, or megawatts. The steam flow rate, steam temperature, and steam pressure are only required if you will use this information for compliance purposes. (560.4380(b)(2)) 3. For operating periods during which multiple emissions standards apply, the applicable standard is the average of the applicable standards during each hour. For hours with multiple emissions standards, the applicable limit for that hour is determined based on the condition that corresponded to the highest emissions standard. (5 60.4380(b)(3)) i. Performance Tests (560.4405 Et §60.4415) i. Initial performance testing for NOx shall be conducted in accordance with §60.4405. COLORADO Air Pollution Control Division Department of Public Health 49 Environment Page 6 of 13 ii. Unless operator chooses to comply with §60.4365 for exemption of monitoring the total sulfur content of the fuel, then initial and subsequent performance tests for sulfur shall be conducted according to §60.4415. In addition, the following requirements of Regulation Number 6, Part A, Subpart A, General Provisions, apply. (40 CFR part 60, Subpart A) j. At all times, including periods of start-up, shutdown, and malfunction, the facility and control equipment shall, to the extent practicable, be maintained and operated in a manner consistent with good air pollution control practices for minimizing emissions. Determination of whether or not acceptable operating and maintenance procedures are being used will be based on information available to the Division, which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source. (Reference: Regulation Number 6, Part A. General Provisions from 40 CFR 60.11) k. No article, machine, equipment or process shall be used to conceal an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous diluents to achieve compliance with an opacity standard or with a standard which is based on the concentration of a pollutant in the gases discharged to the atmosphere. (§ 60.12) 1. Written notification of construction and initial startup dates shall be submitted to the Division as required under § 60.7. m. Records of startups, shutdowns, and malfunctions shall be maintained, as required under § 60.7. n. Written notification of continuous monitoring system demonstrations shall be submitted to the Division as required under § 60.7. o. Written notification of opacity observation or monitor demonstrations shall be submitted to the Division as required under § 60.7. p• Excess Emission and Monitoring System Performance Reports shall be submitted as required under § 60.7. q. Performance tests shall be conducted as required under § 60.8. r. Continuous monitoring systems shall be maintained and operated as required under § 60.13. 13. When operating at less than 75 percent of peak load or operating at temperatures less than 0°F NOx emissions shall not exceed 96 ppm at 15 % O2 or 590 ng/J of useful output (4.7 lb/MWh); (Reference: Regulation Number 26, Part B Sections II.A.4.b) b) 14. Point(s) 014 Et 015: This source is located in an ozone nonattainment or attainment - maintenance area, and is therefore subject to the Reasonably Available Control Technology (RACT) requirements of Regulation Number 3, Part B, Section III.D.2.a. The requirements of condition number 12 above were determined to be RACT for this source. OPERATING Et MAINTENANCE REQUIREMENTS 15. The owner or operator must develop an operating and maintenance (O&M) plan, along with a recordkeeping format, that outlines how the applicant will maintain compliance on an ongoing COLORADO Air Pollution Control Division Department of Public Health 49 Environment Page 7 of 13 basis with the requirements of this permit. Compliance with the Om plan must commence at startup. Within one hundred and eighty 180) days (after commencement of operation or issuance of this permit, whichever is later, the owner or operator must submit the O&M plan to the Division. Failure to submit an acceptable operating and maintenance plan could result in revocation of the permit. Note that the Division may modify the monitoring requirements as part of the Title V Operating Permit if this facility is subject to Title V permitting. (Reference: Regulation Number 3, Part B, Section III.G.7.) ) COMPLIANCE TESTING AND SAMPLING Initial Testing Requirements: 16. Within one hundred and eighty (180) days of startup, the owner or operator must demonstrate compliance with Condition 10, using EPA Method 9 to measure opacity from the turbines. 17. Within one hundred and eighty days (180), the owner or operator must demonstrates compliance with Condition (NSPS Quad KKKK). For NOx compliance, testing must demonstrate an emission standard of 15 ppm at 15% O2 across a rolling 4 hour average. This can instead be demonstrated through the use of CEMS. For SO2 compliance, valid purchase contracts, tariff sheets or transportation contracts must specific that the fuel sulfur content of the natural gas is less than 20 grains of sulfur per 100 scf or that the maximum total sulfur content for fuel oil is 0.05 weight percent or less. Or, representative fuel sampling data must meet the requirement of 40 CFR 75 Appendix D sections 2.3.1.4 or 2.3.2.4 which show that the sulfur content of the fuel does not exceed the 0.060 lb SO2/MMbtu heat input. Periodic Testing Requirements: 18. Within 14 calendar months of the previous performance test, the owner or operator must demonstrates compliance with Condition (NSPS Quad KKKK). For NOx compliance, testing must demonstrate an emission standard of 15 ppm at 15% O2 across a rolling 4 hour average. This can instead be demonstrated through the use of CEMS. For SO2 compliance, valid purchase contracts, tariff sheets or transportation contracts must specific that the fuel sulfur content of the natural gas is less than 20 grains of sulfur per 100 scf or that the maximum total sulfur content for fuel oil is 0.05 weight percent or less. Or, representative fuel sampling data must meet the requirement of 40 CFR 75 Appendix D sections 2.3.1.4 or 2.3.2.4 which show that the sulfur content of the fuel does not exceed the 0.060 lb SO2/MMbtu heat input. ADDITIONAL REQUIREMENTS 19. The permit number and AIRS ID number must be marked on the subject equipment for ease of identification. (Reference: Regulation Number 3, Part B, Section III.E.) (State -only enforceable) 20. A Revised Air Pollutant Emission Notice (APEN) must be filed: (Reference: Regulation Number 3, Part A, Section II.C.) C. ) a. By April 30 of the year following a significant increase in emissions. A significant increase in emissions is defined as follows: For any criteria pollutant: For sources emitting less than one hundred (100) tons per year, a change in actual emissions of five (5) tons per year or more, above the level reported on the last APEN submitted; or For volatile organic compounds (VOC) and nitrogen oxide (NOx) sources in an ozone non -attainment area emitting less than one hundred (100) tons of VOC or nitrogen COLORADO Air Pollution Control Division Department of Public Health 49 Environment Page 8 of 13 oxides per year, a change in actual emissions of one (1) ton per year or more or five percent (5%), whichever is greater, above the level reported on the last APEN submitted; or For sources emitting one hundred (100) tons per year or more of a criteria pollutant, a change in actual emissions of five percent (5%) or fifty (50) tons per year or more, whichever is less, above the level reported on the last APEN submitted; or For sources emitting any amount of lead, a change in actual emissions, above the level reported on the last APEN submitted, of fifty (50) pounds of lead For any non -criteria reportable pollutant: If the emissions increase by fifty percent (50%) or five (5) tons per year, whichever is less, above the level reported on the last APEN submitted to the Division. b. Whenever there is a change in the owner or operator of any facility, process, or activity. c. Whenever new control equipment is installed, or whenever a different type of control equipment replaces an existing type of control equipment. d. Whenever a permit limitation must be modified. e. No later than thirty (30) days before the existing APEN expires. 21. The permit holder must construct and maintain exhaust stack heights as listed in the table below. Equipment Facility ID AIRS Point above Minimum stack ground level height (m) T007 014 30.48 T008 015 30.48 T002_C C 004 53.34 T002_SC 004 31.7 T003_CC 005 53.34 T003_SC 005 31.7 T004_CC 008 53.34 T004_SC 008 31.7 T005 010 41.15 T006 011 41.15 AUXBLR 001 31.09 ENG01 N/A 31.39 ENG02 N/A 5.18 22. Public access must be precluded in all areas within the modeling receptor exclusion zone as submitted with the modeling in the application. The exclusion zone must be fenced and posted with no trespassing signs. (Reference: Regulation Number 3, Part B, Section III.B.5.) B. 5. ) 23. All equipment currently covered by an existing Title V permit must comply with all monitoring, reporting, and record keeping requirements outlined in the current Title V Operating Permit. (Reference: Regulation Number 3, Part B, Section III.E.) E. ) COLORADO Air Pollution Control Division Department of Public Health 49 Environment Page 9 of 13 GENERAL TERMS AND CONDITIONS 24. This permit and any attachments must be retained and made available for inspection upon request. The permit may be reissued to a new owner by the Division as provided in Regulation Number 3, Part B, Section II.B. upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. 25. If this permit specifically states that final approval has been granted, then the remainder of this condition is not applicable. Otherwise, the issuance of this construction permit is considered initial approval and does not provide "final" approval for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of 25-7-114.5(12)(a) C.R.S. and AQCC Regulation Number 3, Part B, Section III.G. Final approval cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. Once self -certification of all points has been reviewed and approved by the Division, it will provide written documentation of such final approval. Details for obtaining final approval to operate are located in the "Requirements to Self -Certify for Final Approval" section of this permit. The operator must retain the permit final approval letter issued by the Division after completion of self -certification with the most current construction permit. 26. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity(ies) specifically identified in this permit. If subsequent operations or testing at the source indicate the information supplied to obtain this permit and relied upon in the creation and issuance of this permit is inaccurate, the source must submit an application to modify the permit to address the inaccuracy(ies). (Reference: Regulation Number 3, Part B, Section III.E.) Permit History Issuance Date Description Issuance 1 This Issuance Issued to Public Service Company of Colorado. NOTES TO PERMIT HOLDER (AS OF DATE OF PERMIT ISSUANCE) 1) The production or raw material processing limits and emission limits contained in this permit are based on the production/processing rates requested in the permit application. These limits may be revised upon request of the permittee providing there is no exceedence of any specific emission control regulation or any ambient air quality standard. A revised air pollutant emission notice (APEN) and application form must be submitted with a request for a permit revision. (Reference: Regulation Number 3, Part B, Section II.A.4.) ) 2) This source is subject to the Common Provisions Regulation Part II, Subpart E, Affirmative Defense Provision for Excess Emissions During Malfunctions. The permittee must notify the Division of any malfunction condition which causes a violation of any emission limit or limits stated in this permit as soon as possible, but no later than noon of the next working day, followed by written notice to the Division addressing all of the criteria set forth in Part II.E.1. of the Common Provisions Regulation. 3) The following emissions of non -criteria reportable air pollutants are estimated based upon the process limits as indicated in this permit. This information is listed to inform the operator of the Division's analysis of the specific compounds emitted if the source(s) operate at the permitted limitations. Emission factors were derived from Natural Gas operation per AP -42 Tale 3.1-3. These emission factors were converted to an anticipated average natural gas heating value of 1084.6 Btu/scf instead of the assumed 1020 BTU/scf due to an average of 3 years of representative data at the facility. COLORADO Air Pollution Control Division Department of Public Health 49 Environment Page 10 of 13 AIRS Point Pollutant CAS # Uncontrolled Emission (lb/year) Rate emissions reportable? Are the Controlled Emission (lb/year) Rate 014 015 &t 1,3 -Butadiene 106990 2.18 NO N/A 014 015 EtAcetaldehyde 75070 202.79 NO N/A 014 015 &t Acrolein 107028 32.45 NO N/A 014 015 &t Benzene 71432 60.84 NO N/A 014 015 EtEthylbenzene 100414 162.23 NO N/A 014 015 &t Formaldehyde 50000 3599.50 YES N/A 014 015 EtNaphthalene p 91203 6.59 NO N/A 014 015 &t PAH N/A 11.15 NO N/A 014 015 &t Propylene py Oxide 75569 147.02 NO N/A 014 015 &t 108883 659.06 YES N/A Toluene 014 015 &X y lene 1330207 324.56 NO N/A 4 The emission levels contained in this permit are based on the following emission factors: Normal Operation Emission Factors for AIRS Point 014 &t 015: Pollutant Uncontrolled Units Source PM 0.0018 lb/MMBTu Vendor PM10 0.0036 lb/MMBTu Vendor PM2.5 0.0036 lb/MMBTu Vendor SO2 0.0139 lb/MMBTu Vendor NOX 0.03438 lb/MMBTu Vendor CO 0.01576 lb/MMBTu Vendor VOC 0.00153 lb/MMBTu Vendor Startup Emission Factors for AIRS Point 014 &t 015: Pollutant Uncontrolled Units Source PM 3.2 lb/event Vendor PM10 3.2 lb/event Vendor PM2.5 3.2 lb/event Vendor SO2 0.0139 lb/MMBTu Vendor NOX 45.1 lb/event Vendor CO 207 lb/event Vendor COLORADO Air Pollution Control Division Department of Public l-ealth 49 Environment Page 11 of 13 Pollutant Uncontrolled Units Source VOC 25 lb/event Vendor Note: There is no data for SO2 in relation to startup or shutdown, so lb/hour emission factor from normal operation has been used. Shutdown Emission Factors for AIRS Point 014 &t 015: Pollutant Uncontrolled Units Source PM 1.5 lb/event Vendor PM10 1.5 lb/event Vendor PM2.5 1.5 lb/event Vendor SO2 0.0139 lb/MMBTu Vendor NOx 26.1 lb/event Vendor CO 112 lb/event Vendor VOC 10.3 lb/event Vendor 5 6 Note: There is no data for SO2 in relation to startup or shutdown, so lb/hour emission factor from normal operation has been used. In accordance with C.R.S. 25-7-114.1, each Air Pollutant Emission Notice (APEN) associated with this permit is valid for a term of five (5) years from the date it was received by the Division. A revised APEN must be submitted no later than thirty (30) days before the five-year term expires. Please refer to the most recent annual fee invoice to determine the APEN expiration date for each emissions point associated with this permit. For any questions regarding a specific expiration date call the Division at (303)-692-3150. This facility is classified as follows: Applicable Requirement Status Operating Permit Major Source: NOx, VOC NANSR Major Source: NOx, VOC 7) Full text of the Title 40, Protection of Environment Electronic Code of Federal Regulations can be found at the Code of Federal Regulations Website. Part 60: Standards of Performance for New Stationary Sources Regulation Type CFR Citation Subpart Name NSPS 60.1 -End Subpart A - Subpart KKKK 8) The permit holder is required to pay fees for the processing time for this permit. An invoice for these fees will be issued after the permit is issued. Failure to pay the invoice will result in revocation of this permit. The permit holder must pay the invoice within thirty (30) days of receipt of the invoice. (Reference: Regulation Number 3, Part A, Section VI. B. ) 9) Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the Division to be necessary to assure compliance with the provisions of Section 25-7-114.5(7)(a), C.R.S. 10) Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of a condition hereof must constitute a rejection of the entire permit and upon such occurrence, this permit must be deemed denied ab initio. This permit may be COLORADO Air Pollution Control Division Department of Public l-ealth 49 Environment Page 12 of 13 revoked at any time prior to self -certification and final authorization by the Division on grounds set forth in the Colorado Air Pollution Prevention and Control Act and regulations of the AQCC including failure to meet any express term or condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by the applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AQCC for review of the Division's action. (Reference: Regulation Number 3, Part B, Section III.F.) 11) Section 25-7-114.7(2)(a), C.R.S. requires that all sources required to file an Air Pollutant Emission Notice (APEN) must pay an annual emission fee. If a source or activity is to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification, annual fee billing will terminate. 12) Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and Control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S. COLORADO Air Pollution Control Division Department of Public Health 49 Environment Page 13 of 13 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 FORT SAINT VRAIN DECOMMISSIONING PLAN FSV Unit 7 and Unit 8 Dispatchable Generation Project December 19, 2024 Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 TABLE OF CONTENTS INTRODUCTION SCHEDULE PROJECT RISKS NEXT STEPS SCOPE OF WORK ATTACHMENTS Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 INTRODUCTION Decommissioning of the Ft. St. Vrain, will be a complex task and will require thorough planning, preparation and execution. There are numerous parties both within Public Service Company of Colorado ("PSCo") and outside of the company that will be affected and must be involved in the process. This Report will summarize the steps taken to manage the decommissioning. Details of the actual process will be developed with the CPCN filing just prior to the end of the FSV Unit 7 and Unit 8 operation. Plant Description Ft. St. Vrain is in Weld County, CO. Address is 16805 Weld County Road 19 1/2 Platteville, CO 80651. Ft. St. Vrain is comprised of a two nominal 200MW GE 7FA.05 gas turbines. Construction is planned to begin in Q2 of 2025. The plant is at a site that is primarily rural with a combined cycle gas fired plant and two simple cycle gas turbines existing surrounded by farm and pastureland. The two new units will be located east of the existing units. Purpose of Report The purpose of this report is to identify the scope of work required to successfully decommission the Ft. St. Vrain. The report consolidates activities related to decommissioning scope of work into the following categories. • Administrative • Business Issues • External Business Issues • Site Restoration • Environmental • Asset Recovery This report will be updated when the decommissioning contract is awarded. Report Organization The basis of the report is the detailed scope of work and the supplemental studies and reports included as Attachments when available. The report includes summary level sections for: • Schedule • Project Risks • Next Steps • Scope of Work Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 Project Team The core Project team will consist of Plant operations personnel and members from the Energy Supply Engineering & Construction, Rates, Capital Asset Accounting, Environmental, and Investment Recovery Departments. SCHEDULE The Project schedule integrates all of the activities of the Ft. St. Vrain including Plant operations activities required to successfully implement the decommissioning. Ft. St. Vrain shutdown or repowering is anticipated to occur in late 2065. Activities to support decommissioning of Ft. St. Vrain will begin at that time. Final dates will be established by PSCo closer to the estimated 2065 date. PROJECT RISKS Prior to final approval of the decommissioning, scope, cost, and schedule, a formal risk management plan will be developed to assist with management of the Electric Generation Facility. An initial itemization of Project risks is presented below. • Safety — Demolition activities present unique construction and environmental safety issues. • Environmental/Demolition Interface — Areas and equipment must be formally released from an environmental perspective before demolition activities are begun. • Asset Recovery/Demolition Interface — PSCo must clearly define what assets they will be handling outside of the demolition contract. The boundaries ultimately affect contractor bid prices. Also, the removal of equipment (by Buyer) must be coordinated by PSCo so as not to impact the demolition contractor. • Permits & Approvals — The extent of demolition and removal may be governed by local and state regulations and must be finalized before the definitive demolition scope is established. The terms of this Decommissioning Plan ("Plan") shall be binding upon Ft. St. Vrain, PSCo or its successors and Assigns. Weld County have the right to review this final Plan to confirm it is consistent with their requirements and ordinances. If decommissioning does not proceed in accordance with the Plan, the counties shall have the right, but not the requirement, to enter the property and cause the appropriate abandonment and decommissioning measures as determined by the approved Plan. • Technical Feasibility — Technical issues may present themselves as the scope is firmed up. • Community Relations — Demolition work will be visible in the surrounding area and site activities could have impacts on noise and dust emissions. Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 • Contractor Costs — Contractor bids for demolition are dependent on market value of scrap materials and the ability to provide definitive scope descriptions. Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 NEXT STEPS The following are recommended steps for items to be resolved in preparation for Ft. St. Vrain decommissioning in 2065. Decommissioning Planning - These items are needed to complete the planning phase of the Project. • Plant Site Use • Environmental hazard identification Project Implementation - These items are part of the scope of work. • Develop List And Schedule Of Permit Requirements • Implement Pre -Shutdown Asset Recovery Program • Evaluate Site Grading Plans • Evaluate Excavation And Backfill Requirements • Confirm Demolition Contracting Strategy And Potentially Issue Bid Package • Perform Site Environmental Field Survey • Determine Schedule/Cash Flow • Prepare and submit update filing regarding the Ft. St. Vrain Removal Plan to the CPUC • Update Ft. St. Vrain Decommissioning Plan for 2065 Budget Cycle Plant Business Issues - Internal & External • Negotiate End -of -Life Contracts Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 SCOPE OF WORK Administrative 1-1 Plant Records Business Issues 2-1 Accounting and Regulatory External Business Issues 3-1 Environmental/Other permitting Site Restoration 4-1 Site Utilities — Remaining Services 4- 2 Plant Site Demolition 4-3 Site Restoration Environmental 5-1 Hazardous Materials 5-2 Materials Management Asset Recovery 6-1 Plant Equipment 6-2 Spare Parts Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 Administrative 1.1 Plant Records 1. Project Description Locate all Plant records and consolidate to a single location (where possible) and evaluate the disposition of those records in compliance with all records retention rules There may be records that can be destroyed prior to Plant closing. There are also records that need to be kept for several years or indefinitely. Determine which records are destroyable. Mark and prepare records that can be destroyed once the Plant closes. If there are documents that can already be sent to the Xcel Energy Corporate Office to be microfilmed, prepare a file listing those documents, and prepare the documents and microfilm. Files that are currently located at Plant personnel respective desks will be put in a general file cabinet in the print room area. These would be active and inactive files. A file management system will be used for checking out documents and files. Electronic media containing documents related to Plant operations will be copied to back up files and sent to secured storage per the current company rules. The "last backup" date will be determined by Plant management and will occur on or before retirement. 2. Problem or Opportunity Definition Retain documents control for historical information for the Plant or site. Manage retained documents and dispose of or manage those whose retention period has expired. Standard retention guidelines will be adhered to. 3. Project Assumptions Records, files and documents, which need to be accessible, should continue to be kept on file at the General Office. 4. Project Alternatives The Project alternatives are options for the handling of hard copy files and are dependent upon the retention requirements. Below are examples of alternatives to document management: Shredding: Shredding of documents can be done one of two ways. The Xcel Energy Corporate office can be contacted and they will dispatch a truck to Ft. St. Vrain for on -site shredding or the materials can be taken to the General Office and have the records shredded there. Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 Microfilm: Materials to be microfilmed must be prepared before they are sent to the General Office (or final filing area) for microfilming. Preparation includes removal of staples, paper clips, marking the pages if they are double sided and creating flag sheets for each folder (document identification) . Grouping the documents and papers in "like" categories makes it easier to find specific information later. 5. Project Risks a. Risk: Files could be lost Solution: Maintain a file management log to track status, use a document check-out system. b. Risk: Untimely document disposal Solution: Proper Training and certain individuals to handle disposal task. c. Risk: Document security and control Solution: Proper Training, certain individuals to handle documents, use a document check-out system, Documents/files to be kept in records room. d. Risk: Inadequate historical records retention for Plant or site Solution: Review retention schedule before proceeding. e. Risk: Hard copy to electronic file transfer quality Solution: Procedure would be stopped and alternative document transfer would be chosen. Business Issues 2.1 Accounting/Regulatory Issues a) The Project team will work with the Capital Asset Accounting department to ensure that corporate policies are adhered to. b) The Project shall file a Notice of Termination of Operations with Weld County. External Business Issues 3.1 Environmental/Otherpern-utting Storm Water Management Plan A Storm water Management Plan (SWMP) will be developed and a storm water construction permit acquired prior to demolition activities. The Storm water Management Plan will include erosion control measures during demolition and ground disturbance, and post demolition erosion and storm water control measures. It may also need to include discharge from a detention pond. Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 Demolition The demolition contractor will meet the general fugitive dust requirements in Reg 1. They will employ control measures as necessary to manage the fugitive dust. This activity will most likely not require a permit. Site Restoration 4.1 Site Utilities 1. Project Description Utilities (i.e. water, electric, phone, Internet) are required and/or desired during the decommissioning process. Determination of what utilities are actually required will be made after a demolition contractor is retained. The site utilities that need to be in -place can be categorized as temporary or permanent. a Temporary: site electric, water, telephone and Internet, and sewer service may be set up to support demolition and site restoration activities. h Permanent: Utilities that will need to stay in place, during and after the decommissioning, so as not to disrupt continued service to the substation. 2. Problem or Opportunity Definition One Project challenge will be to carry out site demolition so as not to disrupt services to the Substation Facility. This is considered a permanent facility and will stay in service. 3. Project Assumptions a Electrical feeder cables from the substation must remain in service, until an Electrical Equipment Enclosure building is installed in the substation to provide power, SCADA, and relay protection for the substation. h Buildings - All buildings, substations, and associated utilities will be removed unless they are required to remain for purposes other than the Project. c Electrical - The demolition contractor may utilize some current sources of electricity available to them on site during the demolition period. Once the demolition on the main Plant building reaches a stage where the contractor can no longer use the current buildings' electrical sources, they will provide their own source of electricity to support the remaining decommissioning process. d Water - The demolition contractor may utilize some current sources of water available to them on site during the demolition period. Once the demolition on the main Plant building reaches a stage where the contractor can no longer use the Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 current buildings' water sources, they will provide their own source of water to support the remaining decommissioning process. All underground piping associated with the current buildings' water system will ultimately be removed. The site's main potable water source will be capped, at a location yet to be determined, and left in a condition such that it can be used for future site development. c Sewer - All piping associated with the current buildings' sewer system will be removed. f Temporary utility services can be run to areas of the site to support decommissioning activities if the permanent systems are unavailable 4. Project Alternatives a Use existing utilities as long as possible and schedule the decommissioning activities so that utility dependent activities occur early in the schedule. h Install temporary utilities as required to support decommissioning assuming permanent systems are unavailable. This would require installing a new waterline from a point on the existing city water line not exposed to decommissioning activities. 5. Alternatives Evaluation Existing utilities will be used as long as they do not affect the safe decommissioning of the Plant. This will be determined in more detail after the decommissioning contract has been awarded. 6. Project Risks The risk associated with this phase is not providing enough building heat and other utilities prior to and during the environmental cleanup and demolition phases. a Lack of heat will make demolition more difficult. h Building heat may be required to maintain reliability of site fire protection system. 7. Accounting/Regulatory Issues The project team will work with the Capital Asset Accounting department to ensure that corporate policies are adhered to. Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 4.2 Plant Site Demolition 1. Project Description This project consists of two nominal 200 MW GE 7F.05 gas turbines and underground electrical systems and other structures. The turbines and associated infrastructure will be demolished and removed; underground foundations and utilities will be removed to a depth of 3 feet or as agreed to by Company and Weld County. Disposal of hazardous and non -hazardous wastes are included in the demolition scope of work. 2. Problem or Opportunity Definition Demolition of the Project facilities is the most significant cost item to the overall Plant decommissioning program. Determinations have been made as to the extent of facility removal as dictated by lease and easement requirements or agreements with Weld County. Demolition activities will be closely coordinated with environmental remediation, asset recovery and site restoration planning. These items are addressed separately in this report. 3. Project Scope ■ All Project structures will be demolished. ■ Out buildings to be demolished include warehouses, shops, storage buildings, etc. • Building and equipment foundations will be removed to 3 ft below grade or as agreed to between Weld County and Company. ■ Provisions for the removal of structures, debris and cabling, including those below the soil surface to depth, 36 inches in Weld County. • Site water well structure and piping will be demolished. ■ Scrap material will be salvaged by demolition contractor. ■ Site will be graded to allow normal storm water drainage. Site will be prepared to restore pre-existing vegetation as required after final grading is completed. 4. Procurement Plan/Contracting Plan Scope of work and procurement must be closely coordinated with remediation activities, asset recovery and site restoration. The demolition and other building hazards work will be included in a single contract. The majority of the contract can be performed on a lump sum basis but should have mechanisms in place to make adjustments for "unknowns" particularly with regard to building hazards removal work. Bidders will be nationally recognized Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 demolition/remediation/asset recovery contractors and they will be selected through a pre -qualification process. The demolition contractor may assist (at buyer's expense and liability) with removal of recovered assets under a separate contract. In the event that certain areas or assets are released prior to Plant shutdown, smaller contracts may be issued to support remediation, asset recovery or demolition. The work could potentially be self -performed by PSCo. 5. Preliminary Cost Estimate PSCo will work with members from the Energy Supply Engineering & Construction, Rates, Capital Asset Accounting, Environmental, and Investment Recovery Departments to assess the below requirements and provide the necessary submittals to Weld County. In Weld County, Ft. St. Vrain will bear the sole responsibility for any damages done to federal, state, county, municipal, and private property during the decommissioning phase of the FSV Units 7 and Unit 8. A good faith estimate of the decommissioning costs certified by a Professional Engineer to be updated every five (5) years following year 15 of the Project shall be provided to Weld County. Financial assurance is to begin at year fifteen (15) of the Project unless there is abandonment of decommissioning of the Project prior to that time, and secured by Ft. St. Vrain for the purpose of adequately performing decommissioning, an amount equal to the decommissioning costs. Ft. St. Vrain is required to provide financial assurance for decommissioning to Weld County in one of the following forms: • Self -bond, upon proof of adequate assets, equity or resources; • Surety bond from a reputable company to the satisfaction of the County; • A federally insured certificate of deposit; • A government -backed securities; • A corporate guarantee from a reputable company to the satisfaction of the County; • Letter of credit; or • Cash Financial assurance is to begin at year fifteen (15) of the Project unless there is abandonment of decommissioning of the Project prior to that time, and secured by Ft. St. Vrain for the purpose of adequately performing decommissioning, an amount equal to the decommissioning costs. Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 Financial assurance may be cancelled by the surety only after ninety (90) days written notice to the Weld County Board of County Commissioners, and upon receipt of the Board's written consent, which may be granted when the requirements of the financial assurance have been fulfilled. The county shall have the right to access financial assurance described within the bond and through forfeiture proceedings which shall occur only in the event that abandonment and decommissioning does not comply with this Plan and a cure period of 60 days has expired. 6. Milestone Schedule The demolition phase of the Project may begin following Plant shutdown. As previously discussed, specific Plant areas or assets could be released prior to shutdown if desired. The durations associated with each of the demolition phase activities are presented below. The total duration for all demolition related work is estimated at 12 months when the work is sequenced and must be completed within 18 months in Weld County and 12 months once electricity production has ceased in Weld County. Time extensions may be granted if needed by the Land Use Administrator in Weld County. 7. Project Risks Prior to final approval of Project scope, cost, and schedule, a formal risk management plan will be developed to assist with management of the Project. An initial itemization of Project risks is presented below. a Safety — Demolition activities present unique construction and environmental safety issues. h Environmental/Demolition Interface — Areas and equipment must be formally released from an environmental perspective before demolition activities are begun. c Asset Recovery/Demolition Interface — PSCo must clearly define what assets they will be handling outside of the demolition contract. The boundaries ultimately affect contractor bid prices. Also, the removal of equipment (by Others) must be coordinated by PSCo so as not to impact the demolition contractor. d Permits & Approvals — The extent of demolition and removal may be governed by local and state regulations and must be clarified before the definitive demolition scope is established. e Technical Feasibility Technical Project issues may present themselves as Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 the Project scope is firmed up. £ Community Relations — Demolition work will be visible in the surrounding area. Noise and dust control must be addressed in contractor requirements. g Contractor Costs — Contractor bids for demolition are dependent on market value of scrap materials. 8. Accounting/Regulatory Issues All permits must be obtained prior to the start of demolition activities. The Project team will work with the Capital Asset Accounting department to ensure that corporate policies are adhered to. 9. Tax/Legal Issues The accounting guidelines presented in this report will be followed. The demolition contracts will be set up to identify costs associated with salvage and asset recovery. 10. Operations Impacts Not applicable. 11. Training Requirements PSCo personnel assigned to manage site demolition activities will be trained in specific remediation, hazard identification, safety and other demolition topics. 4.3 Site Restoration 1. Project Description The site facilities and structures will be decommissioned and the site restored per the requirements of the Storm Water Management Plan (SWMP) and other site permits. This includes final backf "ing, grading and seeding. Final grading will conform to the SWMP. This plan expressly provides that the County must review and approve all decommissioning and reclamation plans, and compel any reasonable rework, as mutually agreed to between the County and the Company, as specified in Section 111 (B) (13) (i). 2. Problem or Opportunity Definition The site will be engineered to facilitate site drainage following removal or modification of existing site drainage elements. The site will also be landscaped to provide stability to remaining site elements. 3. Project Assumptions Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 a Where feasible and appropriate for restoration, Ft. St. Vrain shall revegetate the site with native grasses and plants. Final grading and landscaping will be part of the demolition contractor's responsibilities. Environmental 5.1 Hazardous Materials 1. Project Description Ft. St. Vrain facilities contain no known Asbestos Containing Materials (ACM) nor suspected ACM. Certain Hazardous materials may be present on site. PSCo's Environmental group has performed site surveys to develop a general understanding of those materials. A site environmental survey will also be performed prior to demolition activities to identify any soil contamination in various areas of the Plant site. Soils will require assessment for potential contaminants during the demolition phases of the Project. A Materials Management Plan will be developed for the evaluation and management of soils, as well as other materials generated from the demolition and decommissioning activities, e.g., inert construction debris, oils, and other liquids. The Materials Management Plan will identify the final disposition process and location for each type of material generated during the demolition/decommissioning process. 2. Problem or Opportunity Definition Cost and schedule impacts during the demolition process can be minimized by providing better definition of material quantities and locations. Any Hazardous materials discovered during the demolition process will be remediated in -situ. 3. Project Assumptions • An environmental survey will be performed prior to awarding the demolition contract and will be referenced from the contract. • The demolition contractor will be responsible for all hazardous materialdisposal. 4. Project Alternatives Not Applicable. 5. Alternatives Evaluation Not Applicable. Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 6. Selected Solution Later. 7. Procurement Plan/Contracting Plan Final hazardous material remediation will be the responsibility of the demolition contractor. a. Third Party Oversight —PSCo personnel or an owner's representative will provide oversight. They will be responsible to release areas for demolition activities and to provide guidance on contingency operations. Air monitoring to assure that compliance is maintained with applicable permits will be part of this oversight. 8. Milestone Schedule The end -use benefits of the Hazardous Waste Assessment will be optimized by confirming the contracting strategy for abatement and demolition. Specific areas of the assessment can then target boundaries or work toward stronger definition of hazards where they have a greater commercial impact. 9. Project Risks Potential Project risks include: • Worker health and safety impacts. • Improper abatement and disposal of hazardous materials. • Schedule and cost impacts for dealing with unknowns. 10. Accounting/Regulatory Issues A permit must be obtained from the appropriate agencies prior to the start of demolition activities. The Project team will work with the Capital Asset Accounting department to ensure that corporate policies are adhered to. 11. Operations Impacts The environmental surveys will be coordinated with Plant operations. 12. Training Requirements Training and certification requirements for personnel/companies performing professional and construction services will be addressed in their agreements. Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 5.2 Materials Management A Materials Management Plan will be developed for the evaluation and management of soils, as well as other materials generated from the demolition and decommissioning activities, e.g., inert construction debris, oils, and other liquids. The Materials Management Plan will identify the final disposition process and location for each type of material generated during the demolition/decommissioning process. • Bulk Products/Tanks/Vessels o There are no tanks present for the storage of bulk chemicals other than petroleum products (e.g., turbine oil, diesel fuel, mineral oil, used oil, etc.) . • Soils o During the demolition phases of the Project, soils will require assessment for potential contaminants. Soils which are determined "clean" will be designated white, with potential use as clean fill at the Project location. Soils which may be contaminated will be designated as orange and temporarily stockpiled for chemical analysis to determine if any special waste handling requirements apply. Those soils which are determined to be contaminated relative to Colorado Soil Evaluation Values (CSEV) will be designated red and appropriately managed for disposal or further processing. o A strategy will be developed to identify what would trigger consideration for potential inclusion in the State of Colorado's Voluntary Clean-up Program (VCUP). o The Materials Management Plan will also include the identification of clean fill material which might be needed from an off propertysource. • Demolition Debris o Inert demolition debris such as brick, block or concrete, etc. can be crushed and recycled • Electronic Wastes (monitors, computers, circuit boards, etc.) o Electronic wastes occur throughout the facility in various computer monitors, displays, and controls. Due to the potential for the presence of heavy metals (i.e., lead, cadmium, mercury, etc) electronic equipment is regulated as a universal waste. Any electronic equipment that can be reused or sold is not regulated. It is only when the equipment is considered a waste and will be disposed of. All electronic waste will be accumulated, inspected to ensure mercury switches have been removed and then sent to an approved e -waste recycling facility. Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 • Lead Acid Batteries o There are locations for lead acid batteries on site. Lead acid batteries are relatively easy to remove and recycle. PSCo handles large numbers of lead acid batteries annually and numerous approved vendors are available for recycling. All lead acid batteries will be removed and recycled once they are no longer needed. Caution will be taken to ensure the batteries are not damaged (broken) or do not spill while being handled. • Lighting o Used lamps (various fluorescent, HID, mercury vapor, and sodium lamps). Nearly all used lamps are regulated as universal wastes for disposal except simple incandescent lamps. All Universal Waste lamps must be collected and managed appropriately, as a regulatedwaste. o It is doubtful that accumulation of Universal Wastes (i.e. lamps, batteries, mercury switches, and electronic equipment) would exceed 5,000 kg at any one time. If it does, the facility would be regulated as a Large Quantity Handler and additional recordkeeping requirements would apply. Notification to the State is also required prior to reaching that status. o As an alternative to boxing individual lamps for recycles, it may be more cost effective, in labor and transportation charges, to crush and drumthe lamps before recycling. ■ Ballasts - All ballasts will be removed, inspected and segregated appropriately prior to disposal. ■ Light housing/fixture — once the lamps and ballast has been removed, the metal lamp housing can be managed as scrap metal. • Mercury Containing Equipment and Devices o Precautions should always be taken when handling free mercury or mercury -containing equipment. Spills greater than 1 pound (approximately 2 tablespoons) must be reported. o If mercury is encountered during demolition, the equipment will be isolated. If the mercury -containing device is large, then the mercury can be recovered and sent off -site for recycling. If the equipment is small, it may be possible to send the entire device off -site. Small mercury containing capsules, such as those found in thermostats, can be removed and collected for future recycling. • Motors, Pumps, Gearboxes, and Assorted Mechanical Equipment o All equipment that will be removed and sold or scrapped should have any lubricating oil or hydraulic oil removed prior to disposition. Lubricating oil will be managed as "used oil" which requires limited testing/analysis and is easily managed and recycled. Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 o Equipment to be scrapped will also be inspected for the presence of capacitors. If capacitors are present, they will be removed and evaluated to ensure they do not contain PCBs. If not marked as PCB free, then they will be managed as PCB containing waste. o If the equipment is to be sold or utilized elsewhere, it can be left intact and there is no need to remove capacitors or lubricating fluids. • Oil Filled Electrical Equipment o There are oil filled transformers at Ft. St. Vrain. These units will be addressed when the Plant is retired. • Petroleum Products (gasoline, diesel fuel, lube oils, used oil) o There are no underground petroleum storage tanks present at Ft. St. Vrain. Nor are there any regulated above ground petroleum storage tanks, consequently no notifications to regulatory agencies are required. o Lubricating oils from pumps, motors, etc. — All equipment that will be removed and scrapped will have any lubricating oil removed prior to disposal. Lubricating oil can be managed as "used oil" which requires limited testing/analysis and is easily managed and recycled. • Capacitors o Capacitors can be found associated with electric and electronic equipment. All electric and electronic equipment that will be disposed of or scrapped and has the potential to contain capacitors will be inspected to ensure the capacitors do not contain PCBs. If the capacitor does not indicate its non - PCB, it will be removed from the item to be scrapped and collected for proper disposal. • Refrigeration Equipment (Chlorofluorocarbon Containing Equipment) o Assorted small air conditioners, refrigerators, and water coolers are located throughout the Plant. These items cannot be disposed of or scrapped until the refrigerant has been recovered by a qualified vendor. • Septic Tank & Leach Fields o Abandoned septic tanks and vaults will be pumped and filled with soil, or removed and the excavation filled and compacted to the existing grade. • Structural Steel & Scrap metals o Structural steel and various metals can be recycled for their scrap value. Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 Asset Recovery 6.1 Plant Equipment 1. Project Description Most of the Ft. St. Vrain equipment will be in the final stages of its life cycle. The final disposition of remaining Plant assets will be reviewed in the following order: 1) Redeployed within PSCo, 2) Sold in the open marketplace, or 3) Included as assets for scrap credit as part of the demolition contract. An Investment Recovery Specialist will conduct an on -site inventory review as part of this Project to determine an estimate of fair market value and options for disposition of individual assets. It is likely that there will not be a significant amount of recovery from Plant equipment. Most components that are able to be recovered are expected to be small in value. Scrap metal, however, has a significant recovery value. PSCo plans on putting scrap metal recovery into the decommissioning contractor's scope to offset their bid. 2. Problem or Opportunity Definition Equipment assets may be able to be redeployed within PSCo or sold in the open market with value being credited back to the Plant. It is assumed that the highest level of use for the equipment and materials follows the order presented below: a. Redeployment within PSCo, then b. Sale to a third party, then c. Scrap recovery 3. Project Assumptions a. Most of the Ft. St. Vrain equipment will be in the final stages of its life cycle. b. Reuse of the Plant systems as a whole is not feasible because of the equipment condition; therefore asset recovery should be conducted on a component basis. c. Final market value of equipment will be highly impacted by market conditions and equipment condition at Plant shutdown. 4. Project Alternatives Disposition Method The potential disposition methods are listed below: a. Auctions b. Negotiated Sales c. Sealed Bids Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 5. Alternatives Evaluation Disposition Method a. Auctions - Auctions require buyers to be present which wouldlimit interested parties. b. Negotiated Sales - Negotiated sales allow for targeted marketing and a high degree of buyer interaction. This lends itself well for more expensive used equipment. c. Sealed Bids - Solicitation of sealed bids allows for targeted marketing. This lends itself well for standard used equipment or categories of equipment. Process provides integrity and control. 6. Selected Solution A combination of solicitation of sealed bids and negotiated sales is the recommended approach for dispositioning. Use of the negotiated sale is critical to the successful dispositioning of major Plant equipment because of the vintage of the equipment and limited buyer applications. Other equipment with more universal applications or that has well documented operating and maintenance history can be sold using the sealed bid process. The auction options were eliminated because of the age of equipment and the buyer limitations associated with an on -site auction. 7. Procurement Plan/Contracting Plan PSCo's investment recovery department will self -perform pre -shutdown recovery inventorying. Construction removal support could be performed by PSCo's in- house construction group or outsourced to a local contractor. Operating spare parts will be managed and contracted for separately by PSCo's strategic material logistics department. Efforts will be made to package spare parts with the sale of equipment. Capital spare parts will be handled as part of the capital equipment process. Remaining equipment that is not successfully dispositioned by PSCo or the investment recovery consultant will be assigned to the demolition contractor. The Project management team will provide management of the overall investment recovery process with support from PSCo's investment recoverydepartment. 8. Preliminary Cost Estimate The market evaluation included capital equipment, operating spare parts and capital spare parts. See Attachment C for details of the Investment Recovery Study. The equipment will be sold on an "As -Is" "Where -Is" basis, so the buyers will be responsible for removal costs. Operating spare parts and their budget impacts are addressed in Section 6-2 Spare Parts - PSCo. Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 9. Milestone Schedule A Milestone Schedule will be developed prior to site decommissioning. 10. Project Risks The following is a summary list of potential asset recovery risks: • Market Values - The estimated market values are highly dependent on current market conditions and final condition of equipment. • Asset Recovery/Demolition — The scope of equipment included in the investment recovery process must clearly be identified as separate from PSCo transfers and demolition contractor work. • Buyer Removals — Buyers have the responsibility to remove equipment. The work will have to be coordinated by PSCo so as not to disturb other site activities and maintain Project schedules. • Contract Terms — Contract terms with the investment recovery consultant and buyers must limit any post sale liabilities to PSCo. 11. Accounting/Regulatory Issues The transfer or sale of any equipment will be handled per PSCo procedures and requirements. In general, all sales within PSCo over $50,000 and third party sales over $100,000 must receive CPUC approval prior to sale. Because of the statutes and rules as well as recent Commission rulings, even though sales of salvaged equipment has not required permission in the past, the CPUC may require the Company to formally request permission to salvage equipment to another affiliate (if over $50,000) or third party (if over $100,000). The Project team will work with the Capital Asset Accounting department to ensure that corporate policies are adhered to. 12. Tax/Legal Issues Transfer or sale of assets will be handled per PSCo procedures and requirements. The legal requirements for tide to equipment, liabilities and other elements will need to be closely coordinated with the investment recovery consultant. 13. Operations Impacts An early start of asset recovery activities must be coordinated with Ft. St. Vrain operations. Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 6.2 Spare Parts 1. Project Description The current Project plan includes an inventory work -down process. The materials, if not transferred within PSCo, will be required to go through the Energy Supply obsolete material handling process to either be sold or scrapped through Investment Recovery. It has been determined that all obsolete material "written off" will be recorded as an expense to Ft. St. Vrain's O&M budget in the year they are written off. Energy Supply Strategic Material Logistics are responsible for managing the write off process. If desired, the obsolete material handling process could begin on a limited basis prior to shutdown. 2. Problem or Opportunity Definition It will be necessary to determine what materials will become obsolete to Ft. St. Vrainas a result of the decommissioning. This material, if not transferred within PSCo, will be required to go through the Energy Supply obsolete material handling process to either be sold or scrapped through Investment Recovery. 3. Project Assumptions M&S Inventory A preliminary write off schedule will be completed, identifying M&S inventory that will become obsolete to the Facility. The Project plan is to include an inventory work - down process as well as the final obsolete material handling process. 4. Accounting/Regulatory Issues In general, all sales outside of PSCo but within PSCo over $50,000 and third party sales over $100,000 must receive CPUC approval prior to sale. The Project team will work with the Capital Asset Accounting department to ensure that corporate policies are adhered to. Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 ATTACHMENT O: NOISE AND EMF STUDY Weld County Site Selection and Construction of Major Facilities of a Public Utility Application June 12, 2024 XCEL ENERGY Fort Saint Vrain 230/345 kV Line Eastern Plains Project Magnetic Field and Audible Noise Study Revision A PROJECT NUMBER: 0250772 0000 PROJECT CONTACT: KIVA MARTZ, P.E. ALAN LOPEZ BARQUERA EMAIL: KIVA. MARTZ@POWERENG. COM ALAN.LOPEZBARQUERA@POWERENG.COM OPEZBARQUERA@ POWERENG. COM PHONE: (207)-869-1284 (602)-812-5845 eftyAPOWER ENGINEERS POWER ENGINEERS, INC. 230/345 KV LINE AUDIBLE NOISE & MAGNETIC FIELD REPORT PREPARED FOR: XCEL ENER G Y PREPARED BY: SAWYER HEBERT - 207-869-1237 - SAWYER.HEBERT@POWERENG. COM WALTER AYALA - 858-810-5393 - WALTER.ALAYA@POWERENG.COM COM REVISION HISTORY REV. ISSUE DATE ISSUED FOR PREP BY CHKD BY APPD BY NOTES A 2024-06-12 Appvl SAH WAA NJW Issued for Review & Approval "Issued For" Definitions: - "Prelim" means this document is issued for preliminary review, not for implementation - "Appvl" means this document is issued for review and approval, not for implementation - "Impl" means this document is issued for implementation - "Record" means this document is issued after project completion for project file FRE 24-0151-01940 0250772_0000 (2024-06-12) SH REV. A POWER ENGINEERS, INC. TABLE OF CONTENTS 1.0 EXECUTIVE SUMMARY 1 2.0 PROJECT DESCRIPTION 2 3.0 DATA 2 4.0 PUC RULES 4 4.1 APPLICABLE RULES FOR AUDIBLE NOISE 4 4.2 APPLICABLE RULES FOR MAGNETIC FIELDS 4 5.0 ANALYSIS METHODOLOGY 5 5.1 AUDIBLE NOISE 5 5.2 MAGNETIC FIELDS 5 6.0 RESULTS 5 6.1 AUDIBLE NOISE (AN) RESULTS 5 6.2 MAGNETIC FIELD RESULTS 9 7.0 CONCLUSIONS 11 LIST OF TABLES Table 1: Magnetic Field & Audible Noise Results 1 Table 2: Audible Noise Results 6 Table 3: Magnetic Field Results 9 LIST OF FIGURES Figure 1: Project Layout 2 Figure 2: New Double Circuit Line Phasing 3 Figure 3: Audible Noise Levels Deemed Reasonable By Rule 32060 by Zoning Designation 4 Figure 4: Audible Noise 230 kV — Rain 6 Figure 5: Audible Noise 230 kV — Fair Weather (Dry) 7 Figure 6: Audible Noise 345 kV — Rain 8 Figure 7: Audible Noise 345 kV — Fair Weather (Dry) 9 Figure 8: Magnetic Field 230 kV 10 Figure 9: Magnetic Field 345 kV 11 FRE 24-0151-01940 0250772_0000 (2024-06-12) SH REV. A 1 POWER ENGINEERS, INC. 1.0 EXECUTIVE SUMMARY Public Service Company of Colorado (Public Service of the Company) contracted POWER Engineers, Inc. (POWER) with investigating audible noise and magnetic field effects for impacts of the new Fort Saint Vrain transmission line as part of the Phase 1 expansion of the Fort Saint Vrain Substation. Phase 1 expansion of the substation consisting of two new bay positions for terminating the new double circuit transmission lines, located in Colorado. Two potential voltage levels for the new transmission line are reviewed in this analysis, 230 kV and 345 kV. The purpose of this report is to set forth the expected maximum level of magnetic fields that could be experienced at the edge of the property line and the projected level of audible noise at the edge of the property line. This is consistent with Colorado Public Utilities Commission (PUC) Rule 3206 — Construction or Extension of Transmission Facilities (4 CCR 723-3-3206), in support of Public Service's application for a Certificate of Public Convenience and Necessity (CPCN) for construction of the new wind project. This report will be submitted to PUC with the CPCN application. This analysis provides documentation of audible noise and magnetic field results for the ACSR 954 kcmil Cardinal conductor with the new 230/345 kV line within its own stand-alone ROW. The audible noise results [dB(A)] and the magnetic field results calculated in this study were calculated at the property line of the site. The property line is at an estimated 2,550 feet beyond the transmission line, the calculated audible noise results were reviewed against the lowest value specified by Colorado's Public Utilities Commission (PUC) Rule 3206 (1), which is 50 dB(A), applicable for residential zoning. The magnetic field results at the property line were reviewed against the 150 milliGauss (mG) level specified in PUC Rule 3206(e). The magnetic field results were reviewed at 25%, 50%, and 100% of the conductor current carrying capacity. Table 1 shows the results of the two voltage levels reviewed in this analysis within the property line. The results are within PUC reference limit for magnetic fields, and the audible noise results are within reference limit for residential zoning. Table 1: Magnetic Field & Audible Noise Results Case Location Deemed Reasonable Level (PUC Rule 3206) Results 230 kV* 345 kV** Audible Noise 2,563 Feet Beyond New T -Line 50 dB(A) (Residential) 28.6 dB(A) 30.7 dB(A) Magnetic Field 2,563 Feet Beyond New T -Line 150 mG 0.07 mG 0.2 mG *230 kV case operating at 100% of nominal voltage and at a line current of 1,200A per phase **345 kV case operating at 100% of nominal voltage and at a line current of 2,400A per phase FRE 24-0151-01940 0250772_0000 (2024-06-12) SH REV. A 1 POWER ENGINEERS, INC. 2.0 PROJECT DESCRIPTION The Fort Saint Vrain Substation is located northwest of Platteville, Colorado. The Project is planning a three -span, 230 kV or 345 kV, transmission line for connection with two new current transformers outside of Fort Saint Vrain Substation. Figure 1 provides an overview of the Project Layout. • • 5315775313- '•*; - 5315-6a L[)13-7 z !i w Ij 531,!0531 5-5 �'y44_ FT STVRAIN SIN YARD 53155313-5 5327-FSV"R-SUB1 Tie -FSVR-SUB A;14.1.53 27-1 i 5.313 -1:2 FIFA( 53 21)-1 5 531 531 5313- 3 -�'•1' t2 r713:1541; n 27 -2 EVIr4. apritv-A1 Lurie' 53.07-1 PRPA(5317')-35311-82 ' r--_ I 0, ,lr. Pr t u a t � - 5327-3 : 5307,2 — . ..5307-3 5307-4 53 ost 5311-795327_5 5311-7'8 5307-5 C 4,684.5' 5327-6 2 _7 _ 5311-7'7 5311-76 a I p 5327-8 53 _ 531 32 - ('4 Lef r_ 3 Ly Figure 1: Project Layout 3.0 DATA Data for the new double circuit Transmission Line is listed below. The maximum loading of the line was provided by The Company and based on a single -conductor bundle arrangement if connected at 230 kV or a two -conductor bundle arrangement if connected at 345 kV. • 954 ACSR Cardinal (1.196 -inch complete conductor diameter) • 100% Conductor carrying capacity of 1,200 amperes per conductor. FRE 24-0151-01940 0250772_0000 (2024-06-12) SH REV. A 2 POWER ENGINEERS, INC. The structures reviewed for the new Transmission Line is provided in Figure 2. Dimensions shown were used in calculations to obtain audible noise and magnetic field results. Additional data used in the audible noise and magnetic field calculations for the new transmission line are listed below. • Average line elevation: 4,800 feet • Operating voltage: 230 kV / 345 kV (100% of nominal) • Conductor minimum heights: 30 feet (230 kV) / 35 feet (345 kV) • Conductors per bundle: One conductor (230 kV) / Two conductors & 18 -inch bundle spacing (345 kV) • Shield wire: Two 3/8" EHS Steel static wires • Phase arrangement per Figure 2. S1 L 7 4 9 4 . 1) S2 ,41 I A TC)._ 10 25 7 2.., I 01 5875 tinbedmentt 12-61 72'-6" S1 PICK ONL BELOW MRK-HDT-003007 (3 CHARACTER) NRK.HDI-DO4-0OIT (4 CHARACTER) r CIRCUIT NUR — EE C&4STRUCIION DOCUMENTS FOR LOCATIONS S2 241 O� 2 4-I (TYP. ALL ARIA CONNECTIONS) AEiaAL 1lIIARMEMG SIGNS SEE CONSTRUCTION DOCUMENTS FOR LOCATIONS artuata 13, DETAIL (TYP) — GND -341407 ItYP. A11 SLIP 'FOR 1MISCONSW1 ONLY) i— GNDJY184 341.1'12 GND-ROO.SD1-012 (ENGINEER TO DETERMNE G$D.Rl0.001•013, 4114, OR 015 ARE REQUIRED FOR SPECIFIC LOCATIONSI GROUND LINE 230 kV 345 kV Figure 2: New Double Circuit Line Phasing FRE 24-0151-01940 0250772_0000 (2024-06-12) SH REV. A 3 POWER ENGINEERS, INC. The new Transmission Line's right-of-way is on The Company's owned property. Audible noise and magnetic field results were performed at the nearest property line from the expected location of the new transmission line. No parallel transmission lines were identified for the transmission line path and considered in this analysis. Any changes to the data presented could affect the results of the study. 4.0 PUC RULES 4.1 Applicable Rules for Audible Noise PUC Rule 3206 requires new transmission facilities comply with Rule 3206(0 for audible noise. Audible noise compliance limits are detailed in Rule 3206(f), which states the following: The filing shall include the projected level of noise radiating beyond the property line or right-of-way (as applicable) at a distance of 25 feet. Rule 3206(f j(II) provides that proposed levels of noise at or below the values listed in Figure 3, identified by land use zoning designation, are deemed reasonable by rule and need not be mitigated to a lower level: (A) Residential 50 db(A) (B) Commercial 55 db(A) (C) Light industrial 65 db(A) ;D) Industrial 75 db(A) Figure 3: Audible Noise Levels Deemed Reasonable By Rule 3206(f) by Zoning Designation Rule 3206(0(III) further provides that proposed noise levels will not be subject to further review if the proposed noise threshold is 50 dB(A) or below, regardless of use of the land. 4.2 Applicable Rules for Magnetic Fields PUC Rule 3206 requires new transmission facilities comply with Rule 3206(e) for magnetic field strengths. Magnetic field levels are detailed in Rule 3206(e), which states the following: The filing shall include the expected maximum level of magnetic fields that could be experienced under design conditions at the edge of the transmission line right-of-way or substation boundary, at a location of one meter above ground. In addition, Rule 3206(e)(III) provides that "proposed magnetic field levels of 150 mG (milliGauss) and below are deemed reasonable by rule and need not be mitigated to a lower level." FRE 24-0151-01940 0250772_0000 (2024-06-12) SH REV. A 4 POWER ENGINEERS, INC. 5.0 ANALYSIS METHODOLOGY The audible noise and magnetic field analysis were performed using the Bonneville Power Administration's (BPA) Corona and Field Effects Program (CAFEP) software version 3. CAFEP uses the electrical and physical characteristics of the transmission line to calculate resulting fields and interference effects from the transmission lines. Audible noise is primarily a function of the maximum operating voltage of conductors. Each conductor was tested at 100% maximum voltage of the line. Magnetic fields are primarily a function of the line current loading, which varies over time. The magnetic fields calculations were performed at 25%, 50%, and 100% conductor loading. The values of these effects are typically of concern at various points across and just outside the right- of-way (ROW). Therefore, values reported include the maximum values within the ROW, along with the calculated values at the property line. For the analysis, results were analyzed at a minimum conductor height (near mid -span, at maximum sag), as this location will produce the controlling case scenario. Therefore, the audible noise values presented in this report are conservative. 5.1 Audible Noise Audible noise is calculated as an equivalent A -weighted sound -pressure level in decibels [dB(A)]. The L50 audible noise values represent the predicted average noise levels. The actual value is expected to be at or below this calculated L50 value 50% of the time, and above the value the other 50% of the time. Audible noise values are analyzed at the edge of property line for this transmission line and at a height of five feet above the ground per IEEE Std 656-2018. 5.2 Magnetic Fields The reported magnetic field values are the magnetic flux density at a given point in space. Magnetic flux density is calculated in gauss or milligauss (mG). Magnetic fields are analyzed at the edge of right-of-way for transmission lines and at a height of one meter (3.28 feet) above ground per IEEE Std 644-2019 and consistent with PUC Rule 3206(e). 6.0 RESULTS Results for audible noise and magnetic field calculations are detailed in the following sections. 6.1 Audible Noise (AN) Results The calculated results of the audible noise (AN) levels for the specified conductor type are shown in Table 2. Audible noise levels are analyzed at the centerline and at the edge of the property line. FRE 24-0151-01940 0250772_0000 (2024-06-12) SH REV. A 5 POWER ENGINEERS, INC. Table 2: Audible Noise Results Audible Noise (dBA) Per Location Case RAIN FAIR Edge of Property Line Maximum Edge of Property Line Maximum Deemed Reasonable Level [Residential] (PUC Rule 3206) 50 N/A 50 N/A 230 kV Line 28.6 49.3 3.6 24.3 345 kV Line 30.7 50.4 5.7 25.4 As seen in Table 2, the audible noise results meet PUC reference limit for residential zoning. Figure 4 and Figure 5 show plots of the audible noise results for foul weather (rain) and fair weather (dry) conditions for the 230 kV line, respectively. Figure 6 and Figure 7 show plots of the audible noise results for foul weather (rain) and fair weather (dry) conditions for the 345 kV line, respectively. Audible Noise (do) 50 40 30 20 10 0 -2700 Audible Noise (Rain) Edge of Property Line 4 -- Limit = 50 dBA (Edge of Property Line) I . • -1800 -900 0 Distance from Centerline (feet) 900 1800 2700 ACSR 954 kcmil Figure 4: Audible Noise 230 kV - Rain FRE 24-0151-01940 0250772_0000 (2024-06-12) SH 6 REV. A POWER ENGINEERS, INC. ers ei •V 50 40 30 20 10 0 -2700 Audible Noise (Fair) Edge of Property Line Limit = 50 dBA (Edge of Property line) I J` Z _T IL i i -1800 -900 a Distance from Centerline (feet) 940 18 00 2730 ACSR 954 kcniil Figure 5: Audible Noise 230 kV - Fair Weather (Dry) FRE 24-0151-01940 0250772_0000 (2024-06-12) SH REV. A 7 POWER ENGINEERS, INC. 40 1 10 0 -2700 Audible Noise (Rain) Edge of Property Line Limit = 50 dBA (Edge of Property Line) ------ 0---;0-- A.Sig / .,� i Y !9 -1800 -900 0 Distance from Centerline (feet) 900 1800 2700 ACSR 954 komil Figure 6: Audible Noise 345 kV Rain FRE 24-0151-01940 0250772_0000 (2024-06-12) SH REV. A 8 POWER ENGINEERS, INC. ono • •V z ars 5D 4D 3D 90 ID 0 Audible Noise (Fair) Edge of Prapert/ Line Limit = 50 dBA (Edge of Property Line) 1 1 9 f t -27)0 -900 D Distance from Centerline (feet) 900 1800 2700 ACSR 954 kcmil Figure 7: Audible Noise 345 kV - Fair Weather (Dry) 6.2 Magnetic Field Results The calculated magnetic field levels are shown in Table 3. Magnetic field results are analyzed within the right-of-way and at the property line at 25%, 50%, and 100% of conductor carrying capacity. Table 3: Magnetic Field Results Case Magnetic Field (mG) Property Line Maximum within ROW 230 kV 345 kV 230 kV 345 kV Deemed Reasonable Level [Residential] (PUC Rule 3206) 150 N/A 25% of Conductor Capacity 0.02 0.05 60.2 102 50% of Conductor Capacity 0.04 0.10 121 204 100% of Conductor Capacity 0.07 0.20 241 408 Figure 8 and Figure 9 show plots of the magnetic field results at various line loading capacities for the 230 kV and 345 kV lines, respectively. FRE 24-0151-01940 0250772_0000 (2024-06-12) SH 9 REV. A POWER ENGINEERS, INC. Magnetic Field ,6.1 t V t 2 250 f i 150 100 50 Ci Edge of Proms Line Limit = 150 ri G (Edge of Property line) -2700 -1800 -900 0 900 Distance from Centerline (feet) 1800 2700 ACSR 954 kcmil -100% ACSR 954 kcmil - 50% ACSR 9M kcmil - 25% Figure 8: Magnetic Field 230 kV FRE 24-0151-01940 0250772_0000 (2024-06-12) SH REV. A 10 POWER ENGINEERS, INC. Magnetic Field Edge of Property Line 450 400 350 300 t= 250 cn 209 150 100 50 0 Limit = 150 mG (Edge of Property Line) 1� -2700 -1800 -900 0 Distance from Centerline (feet) 900 1800 270 ACSR 954 kcrnil - 100% ACSR 954 kcmil - 50% ACSR 954 kcmil - 254 Figure 9: Magnetic Field 345 kV 7.0 CONCLUSIONS Audible noise levels [dB(A)] were compared against the lowest value specified by PUC Rule 3206 (1), which is 50 dB(A) for residential zoning at the property line. Audible noise results are below the 50 dB(A) audible noise limit at the nearest property line from Fort Saint Vrain Substation. Magnetic fields were analyzed at the edge of the property line and compared against the 150 mG specified value of PUC Rule 3206(e). The magnetic fields are below the 150 mG limit at the edge of the property line. FRE 24-0151-01940 0250772_0000 (2024-06-12) SH REV. A 11 FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 ATTACHMENT N: VISUAL ANALYSIS Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 Visual Analysis Visual analysis from public right of way that surrounds the Fort St. Vrain Generating Station is provided here, with the visual analysis photos taken from the following locations: • Weld County Road 19.5 approximately .8 miles north of the Project area. • Weld County Road 36.5 approximately 1.25 miles northwest of the Project area. • Weld County Road 17 approximately 1.8 miles west of the Project area. • Weld County Road 34 approximately .75 miles south of the Project area. • Weld County Road 23 approximately 1.1 miles east of the Project area. See Figure 1 for the location of the photos taken for the visual analysis. The existing visual landscape in the area around the Project consists of the existing Fort St. Vrain Generating Station and associated structures involved with current and former methods of electric generation at the Fort St. Vrain Generating Station, transmission lines and substations, oil and gas facilities, and open agricultural lands that feature pivot -irrigated crops and pastureland. Trees are sparse in the immediate surrounding area, with mature vegetation associated with the South Platte River and Saint Vrain River being at least 0.5 mile from the Project area. Industrial facilities are present in the area, including communication facilities, oil and gas wells, natural gas compressor stations, and oil and gas pipelines. Electric distribution lines are visible throughout the area and are generally located along roads. No major roadways are located near the Project area, with the closest Interstate, Interstate 25, being located approximately 5.5 miles west of the Project area and the closest state and U.S. Highway, U.S. Highway 85, located approximately 2.5 miles to the east. Two local roads exist in proximity to the Project area, with County Road 19.5, the road that provides access to the Fort St. Vrain Generating Station being approximately 0.25 mile west of the Project area and Weld County Road 34 being approximately 0.75 mile south of the Project area. Three residences are located within a 1 -mile radius of the Project area (Attachment A, Vicinity Ma ID) Visual impacts of the Project will vary based on proximity and viewpoint. With increased distance, the scale of the Project will be minimized. The CT Units will look similar in nature to the existing CT Units 5 and 6 onsite and will not substantially change views in the immediate surrounding area. The CT Units are placed directly to the east and next to the existing CT Units 5 and 6. The new CT Units will be similar in bulk, mass and height as the existing CT Units 5 and 6. The following set of photos includes visual representations of CT Units 7 and 8 where they would be potentially visible. Visual representations of CT Units 7 and 8 were developed by duplicating the current CT Units 5 and 6 within the photo in the proposed location of CT Units 7 and 8. Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 Figure 1. Fort St. Vrain Generating Station CT Units 7 and 8 visual analysis key map. ter.: a. amp V,V ld_C_ourty Road o,ly Road -36 As seen in Figure 1 above, 5 photos were taken from public ROW within a range of .75 miles to 1.25 miles from the Project area (shown in white at the center of the image). Location of where the photos were taken was driven by the presence of existing vegetation, topography and structures in the area with the locations chosen representing locations where the Project area would be most visible. Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 Figure 2. North — Weld County Road 19.5 Approximate location of CT Unit 8 * Existing CT Unit 6 Approximate location of CT Unit 7* Existing CT Unit 5 * Simulated representations of CT Units 7 and 8 shown in Figure 2 are representations and are subject to change. The representations were developed by duplicating CT Units 5 and 6 within the photo and placing the duplicated image in the location of CT Units 7 and 8. Figure 2 shows the Fort St. Vrain Generating Station from the north looking south along Weld County Road 19.5. The location was chosen as it shows the Project area most clearly along Weld County Road 19.5 as views of the project area along Weld County Road 19.5 are blocked intermittently by existing vegetation, existing structures and topography. Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 Figure 3. West — Weld County Road 36.5 Approximate location of CT Unit 8* Approximate location of CT Unit 7* * Simulated representations of CT Units 7 and 8 shown in Figure 2 are representations and are subject to change. The representations were developed by duplicating CT Units 5 and 6 within the photo and placing the duplicated image in the location of CT Units 7 and 8. Figure 3 shows the Fort St. Vrain Generating Station from the northwest looking southeast from Weld County Road 36.5, just west of the Saint Vrain River (vegetation shown in the foreground). The location of where the picture was taken was chosen as it is as close to the Fort St. Vrain Generating Facility the photo could be taken before the Project area is blocked from view by existing vegetation along the Saint Vrain River. Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 Figure 4. West — Weld County Road 17 Y Approximate location of CT Units 7 & 8. Figure 4 shows the Fort St. Vrain Generating Station from the west looking east along Weld County Road 17. The existing Fort St. Vrain Generating station blocks from view the Project area along Weld County Road 17 which is approximately 1.75 miles from Weld County Road 17. Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 Figure 5. South — Weld County Road 34 Approximate location of CT Unit 7* Existing CT Unit 5 Approximate location of CT Unit 8* Existing CT Unit 6 * Simulated representations of CT Units 7 and 8 shown in Figure 2 are representations and are subject to change. The representations were developed by duplicating CT Units 5 and 6 within the photo and placing the duplicated image in the location of CT Units 7 and 8. Figure 5 shows the Fort St. Vrain Generating Station from the south looking north on Weld County Road 34 at a distance of approximately .75 miles. The open area shown in the foreground in Figure 5 is land owned by Xcel Energy and is a part of the Fort St. Vrain Generating Station. The area along Weld County Road 34 in this photo is industrial in nature as to the south of Weld County Road is an existing Natural Gas compressor station. Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 Figure 6. East — Weld County Road 23 Approximate location of CT Units 7 & 8 outlined in dashed yellow. e ei. Cf�'a `.' '''.'`�. se, .e a1N..44447vs+r ..4..i TeY' V ` 1y��•�i -r - fie • ' -;iC.Yv76\�'yr '.l"L ♦.ILIA t r`er c .. 3 •. Kr Lfi...ld4'4 r .ya-''��7 .tS.N- i tt 1�� Figure 6 shows the Fort St. Vrain Generating Station from the east looking west on Weld County Road 23 from approximately 1.1 miles away. The mature vegetation visible in the foreground of the photo is existing vegetation along the South Platte River. CT Units 7 and 8 are located in front of CT Units 5 and 6 in this photo and the visible profile of the CT Units 7 and 8 is backdropped by the existing Fort St. Vrain Generating Station. Visual impacts of CT Units 7 and 8 on views west is mitigated by the location of the CT Units 7 and 8 within the existing Fort St. Vrain Generating Station. Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 ATTACHMENT W: CULTURAL RESOURCES DESKTOP REVIEW Weld County Site Selection and Construction of Major Facilities of a Public Utility Application CULTURAL RESOURCES DESKTOP REVIEW Proposed Fort St Vrain Generating Station Unit 7 and 8 \ew Gas Turbine Project, Weld County, Colorado January 2025 Prepared for Xcet Energy 0 XceIEnergy° Xcel Energy, 1800 Larimer Street, Suite 1600 Denver, CO, 80202 Prepared by TETRA TECH 390 Union Blvd, Suite 400, Lakewood, CO, 80228 r • lb I. l TETRA TECH ES -1 Cultural Resource Desktop Study Fort St. Vrain Generating Station Unit 7 and 8 New Gas Turbine Project Table of Contents 4.0 5.0 6.0 CONCLUSIONS 5 7.0 RECOMMENDATIONS 5 8.0 REFERENCES 6 1.0 INTRODUCTION 1 2.0 CULTURAL RESOURCES REGULATIONS AND POTENTIAL APPLICABILITY.. ••••• .. •••••• . •••••• 1 3.0 RESULTS OF DESKTOP REVIEW FOR CULTURAL RESOURCES 2 3.1 Previous Cultural Resource Investigations 2 3.2 Previously Identified Cultural Resources 2 3.2.1 National Register of Historic Places Properties and Districts 3 3.2.2 Historic Cemeteries 3 3.2.3 Historic Markers 3 3.2.4 Potential Historic Resources 3 NATIVE AMERICAN CONSIDERATIONS4 SITE PROBABILITY5 List of Tables Table 1. Previously Conducted Cultural Resource Surveys within the Research Area 2 Table 2. Previously Recorded Cultural Resources within the Research Area 3 Table 3. Potential Historic Resources within the Research Area 3 Figure 1. Figure 2. List of Figures Aerial imagery (1/24k scale) of the Fort St. Vrain Generating Station Unit 7 and 8 New Gas Turbine Project and Research Area. Topographic map (1/24k scale) of the Fort St. Vrain Generating Station Unit 7 and 8 New Gas Turbine Project and Research Area. r • lb I. l TETRA TECH I Cultural Resource Desktop Study Fort St. Vrain Generating Station Unit 7 and 8 New Gas Turbine Project Acronyms and Abbreviations COMPASS CRS GLO NHPA PA NRHP Project Project Area Research Area TCP Tetra Tech Xcel Cultural resource database maintained by the Colorado State Historic Preservation Office Colorado Revised Statutes General Land Office National Historic Preservation Act National Register of Historic Places Fort St. Vrain Generating Station Unit 7 and 8 New Gas Turbine Project Area encompassing the approximate location of Unit 7 and Unit 8 Project Area and a 1 -mile buffer surrounding the Project Area Traditional Cultural Property Tetra Tech, Inc. Xcel Energy r • lb I. l TETRA TECH ii Cultural Resource Desktop Study Fort St. Vrain Generating Station Unit 7 and 8 New Gas Turbine Project 1.0 INTRODUCTION The purpose of this report is to describe the results of a site file search and literature review for Xcel Energy (Xcel) in support of the proposed Fort St. Vrain Generating Station Unit 7 and 8 New Gas Turbine Project (Project), in Weld County, Colorado. The Project will be on private land. For the purposes of this review, the term "Project Area" refers to the area encompassing the approximate location of Unit 7 and Unit 8 (Figures 1 and 2). A Tetra Tech, Inc. (Tetra Tech) archaeologist conducted the search and literature review of the Project Area and a 1 -mile buffer surrounding the Project Area (Research Area). The Research Area is located within the Johnstown (2022), Milliken (2022), Gowando (2022), and Platteville (2022) quadrangles in Sections 2, 3,10,11,14 and 15 of Township 3 North Range 67 West. 2.0 CULTURAL RESOURCES REGULATIONS AND POTENTIAL APPLICABILITY A number of state and federal laws intended to protect cultural resources may apply to the proposed Project. The following laws may apply to federal, state, or private land on which federal actions (e.g., federal permitting or funding) are required, or where state and local statutes apply. Federal: Section 106 of the National Historic Preservation Act (NHPA) requires federal agencies to take into account the effects of their undertakings on historic properties and to provide the Advisory Council on Historic Preservation with a reasonable opportunity to comment. In addition, federal agencies are required to consult on the Section 106 process with State Historic Preservation Offices, Tribal Historic Preservation Offices, Indian T\tribes (to include Alaska Natives Tribes]), and Native Hawaiian Organizations. At this time no Federal nexus exists for the Project. State: The Colorado Historical, Prehistorical, and Archaeological Resources Act of 1973 (Colorado Revised Statutes [CRS]) Title 24 - Article 80 Section 4 [CRS 24-80-401 to CRS 24-80-410]) was created to "coordinate, encourage, and preserve" Colorado's archaeological and paleontological resources. It sets in place the permitting system for archaeological survey and excavation on State land, including the qualifications of permitted archaeologists and the reporting requirements. The law makes it a Class 2 misdemeanor to knowingly appropriate, excavate, injure, or destroy any archaeological or historical resource on any land that is considered a political subdivision of the State without a valid permit. State: Colorado Revised Statutes Title 24 - Article 80 Section 13 (CRS 24-80-1301 to CRS 24-80-1305) provides procedures when an unmarked human burial is discovered and the penalties for knowingly disturbing an unmarked burial. Upon the discovery of human remains, the coroner or chief medical officer must be notified. The State Archaeologist will appoint a qualified archaeologist to examine the remains. It is a Class 1 misdemeanor to knowingly disturb human remains. Local: Weld County has a Land Use Code (Article 4, Division 4, Section Sec. 21-4-400 (M)), which states that the "The proposed project shall not interfere with the preservation of cultural resources, including historical structures and sites." r • lb I. l TETRA TECH 1 Cultural Resource Desktop Study Fort St. Vrain Generating Station Unit 7 and 8 New Gas Turbine Project 3.0 RESULTS OF DESKTOP REVIEW FOR CULTURAL RESOURCES A site file search and literature review were completed by requesting inventory and geographic information system data from the Colorado Office of Archaeology and Historic Preservation online platform COMPASS, the cultural resource database, on January 20, 2025. The COMPASS database includes records of previously recorded historic sites, precontact sites, paleontological sites, isolated finds and properties listed on the National Register of Historic Places (NRHP). The geographic information system data provided for this Project was produced by digitizing site locations from an electronic map. Although the digitization of these locations may be accurate, it is based upon data collected from multiple sources over a 40 -year span, and therefore, may not accurately represent a given site location or site boundary's full extent. 3.1 Previous Cultural Resource Investigations Within the Research Area six cultural resource investigations have been conducted (Table 1). The prior investigations consist of cultural resource surveys conducted for transmission and pipeline projects and a U.S. Department of Agriculture Natural Resource Conservation Service survey. None of the surveys intersect the Project Area. The Project Area has not been surveyed. Table 1. Previously Conducted Cultural Resource Surveys within the Research Area Manuscript No. Author Title Year WL.SC.NR61 Ebert, Thomas H. Weld Survey County Report Limited on Private Results Cultural Lands-Hergert Resources Farms, LLC 2011 WL.E.R24 Lee, Jennie Borresen A Proposed Lateral Class Ill Pipeline, Cultural El Paso Weld Resource Corporation County, Inventory Cig Colorado Fort for St. the Vrain 2004 WL.AE.NR1 Walth, Cherie K. Public Station Resource 1304-02) Service to Inventory Cig Company Tie -In 12 Weld -Inch of Colorado County, Pipeline, Colorado St. Cultural Vrain (No. Meter 2002 MC.E.R28 Spath, Carl Kn Pipeline Colorado: Wattenberg System Cultural Transmission, Adams and Resource Weld Inventory L.L.C. Counties, Front Report Runner #6 1998 WL.E.R1 O'Neil Brian Public Vrain Colorado Service 230 kV Company Transmission of Colorado Line Weld Ault County, to Fort St. 1989 WL.E.R10 Barclay, Metcalf Dulaney and Michael D. Colorado Pipeline Weld County, Intensive Interstate Colorado Gas Inventory Company's for (Original Cultural and Front Addendum) Resources, Range 1998 3.2 Previously Identified Cultural Resources Within the Research Area, five cultural resources have been previously documented (Table 2). All five sites are historic, and none are located within the Project Area. Of the five sites, two are eligible and three are not eligible for the NRHP. The eligible sites are discussed below. r • lb TETRA TECH 2 Cultural Resource Desktop Study Fort St. Vrain Generating Station Unit 7 and 8 New Gas Turbine Project Table 2. Previously Recorded Cultural Resources within the Research Area Site Number Time Period Site Type NRHP Eligibility 5WL.885 Historic Barrett N.L. Swank #1- Ft. St. Vrain #14 Recommended Not Eligible 5WL.1317.3 Historic Union Pacific Bridge 37.32 Determined Eligible 5WL.1317.7 Historic Union Pacific Railroad, Dent Branch Determined Eligible 5WL.2206.8 Historic Beeman Ditch (Segment) Determined Not Eligible 5WL.4806 Historic Elisha Lines Homestead Determined Not Eligible The two eligible sites are segments of 5WL.1317, the Dent Branch of the Union Pacific Railroad, which has been determined eligible for listing on the NRHP. Site 5WL.1317.3 consists of a bridge used to cross Saint Vrain Creek west of the Project Area. Site 5WL.1317.7 consists of an intact segment of the railroad, with multiple bridges and culverts, located west of the Project Area. 3.2.1 National Register of Historic Places Properties and Districts No NRHP listed or eligible properties or districts are located within the Research Area. The closest NRHP property is Fort Vasquez (70000169), located approximately 4.3 miles northwest of the Project. 3.2.2 Historic Cemeteries No historic cemeteries were identified through the COMPASS records search or the search of additional records. 3.2.3 Historic Markers No historic markers were identified in the Research Area. 3.2.4 Potential Historic Resources In addition to the records search through COMPASS, records of properties listed on the NRHP and State Register of Historic Places, historic maps, historic imagery, and General Land Office (GLO) plats were reviewed to determine if vestiges of trails, cemeteries, or historic structures are present within the Research Area (Table 3). Table 3. Potential Historic Resources within the Research Area Resource Type Resource Name Source Trail Unnamed 1863 Plat map by George E. Pierce (BLM GLO 1863) Trail Unnamed 1863 Plat map by George E. Pierce (BLM GLO 1863) Structure Unnamed Greeley Quadrangle, 1:125,000 series (USGS 1902) Structure Unnamed Greeley Quadrangle, 1:125,000 series (USGS 1902) Structure Unnamed Greeley Quadrangle, 1:125,000 series (USGS 1902) Structure Unnamed Greeley Quadrangle, 1:125,000 series (USGS 1902) Structure Unnamed Greeley Quadrangle, 1:125,000 series (USGS 1902) Structure Unnamed Greeley Quadrangle, 1:125,000 series (USGS 1902) Structure Unnamed Greeley Quadrangle, 1:125,000 series (USGS 1902) r • lb TETRA TECH 3 Cultural Resource Desktop Study Fort St. Vrain Generating Station Unit 7 and 8 New Gas Turbine Project Resource Type Resource Name Source Structure Unnamed Greeley Quadrangle, 1:125,000 series (USGS 1902) Within the Research Area, ten potential historic resources have been observed (Table 3). Of the ten resources, two are unnamed trails and eight are unnamed structures. None of the potential cultural resources are located within the Project Area 4.0 NATIVE AMERICAN CONSIDERATIONS There are no Native American reservation lands in the Research Area. The Colorado Commission of Indian Affairs website indicates that two federally recognized Tribes are present within the State of Colorado (Colorado Commission of Indian Affairs 2025): • Southern Ute Indian Tribe • Ute Mountain Ute Indian Tribe The U.S. Department of Housing and Urban Development Tribal Directory Assessment Tool website lists 12 tribes that may have interests in Weld County, Colorado, due to cultural and historical affiliations (U.S. Department of Housing and Urban Development 2025): • Apache Tribe of Oklahoma, • Cheyenne and Arapaho Tribes, Oklahoma, • Comanche Nation, Oklahoma, • Eastern Shoshone Tribe of the Wind River Reservation, Wyoming, • Fort Belknap Indian Community of the Fort Belknap Reservation of Montana, • Jicarilla Apache Nation, New Mexico, • Navajo Nation, Arizona, New Mexico, and Utah, • Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation, Montana, • Osage Nation, Oklahoma, • Shoshone -Bannock Tribes of the Fort Hall Reservation, Idaho, • Southern Ute Indian Tribe of the Southern Ute Reservation, Colorado, • Ute Mountain Ute Tribe, Colorado Even though this review did not identify any Native American considerations pertaining to the Research Area, consultation with Native American tribes is recommended. Consultation with Native American groups is generally conducted on a government -to -government basis, and formally the responsibility of the Federal or State agency responsible for the issuance of a project permit, if one is required. However, agencies may request the assistance of project proponents in tribal outreach. Native American consultations might require the identification of Traditional Cultural Properties (TCP)s. Although it is unlikely, the possibility of TCPs within the Research Area should not be ignored. A TCP generally can be defined as a property that is eligible for inclusion on the NRHP because of its association with cultural practices or beliefs of a living community that are important in maintaining the continuing cultural identity of the community. Traditional Cultural Properties are afforded the r • lb I. l TETRA TECH 4 Cultural Resource Desktop Study Fort St. Vrain Generating Station Unit 7 and 8 New Gas Turbine Project same protection under the law as significant archaeological sites; they are often difficult to recognize and may not come to light through the conduct of archaeological or historical surveys. The existence and significance of such locations often can be ascertained only through interviews and consultation with traditional cultural practitioners. 5.0 SITE PROBABILITY A review of historic and modern imagery through Google Earth indicates that a large portion of the Project Area has been impacted by energy development and agricultural activities. While disturbance has occurred, there is still potential for unrecorded cultural resources to exist in the Research Area. For example, precontact archaeological resources are often found in association with streams, springs, hilltops, and areas with ideal hunting vantage points. Historic resources are often found in proximity to modern roads and water. However, even outside of historically preferred areas, additional resources may exist in the Project Area. 6.0 CONCLUSIONS This records search identified five previously recorded cultural resources in the Research Area. Of these resources, none are located within the Project Area. An additional ten potential historic sites were identified through the search of available data historic maps, historic imagery, and GLO plats. These include two unnamed trails and eight unnamed structures. The low density of sites identified within the Research Area may be a function of a general lack of surveys and archaeological investigations in the region, rather than an actual lack of resources, as a large portion of the Research Area has not been previously surveyed. Tetra Tech advises that u ndocumented cultural resources may be present within the Project Area. 7.0 RECOMMENDATIONS It is Tetra Tech's understanding that the proposed Project will be privately funded and will be constructed entirely on private lands. Therefore, no cultural resource survey is required for the Project. However, Tetra Tech still recommends conducting a reconnaissance level survey for due diligence purposes at any locations where the Project may cause ground disturbance. If the Project design suggests a local or state permit will be required, a full cultural resource evaluation and survey may be required. If the Project design suggests that a federal permit will be required (for example, Bureau of Land Management, Clean Water Act Section 404, U.S. Environmental Protection Agency, Federal Communications Commission, Federal Energy Regulatory Commission, and others), or a federal trigger exists (such as federal funding or federal land), the Project would be subject to Section 106 of the NHPA, thereby requiring a cultural investigation to satisfy the lead agency's responsibilities u nder the NHPA. This will also generate pertinent information for Project design and construction that may assist in the avoidance and minimization of potential impacts to significant cultural resources. Tetra Tech recommends that cultural resources that are listed as supporting, contributing, eligible, n eeds data, or are unevaluated, should be avoided, if possible, during the construction of the Project. Tetra Tech further recommends a 50 -foot buffer of avoidance be designated for these cultural resources during Project planning. The cultural resources that are listed as non-contributing, non - r • lb I. l TETRA TECH 5 Cultural Resource Desktop Study Fort St. Vrain Generating Station Unit 7 and 8 New Gas Turbine Project supporting, or not eligible for listing in the NRHP require no further management. Unrecorded potential sites should be avoided if possible. If not, Tetra Tech recommends they be recorded and officially assessed for the NRHP prior to disturbance. Tetra Tech recommends that a detailed Unanticipated Discovery Plan be developed and implemented in the event an unanticipated discovery of archaeological resources or human remains occurs. The Unanticipated Discovery Plan should detail the specific protocols and notifications required by CRS Title 24 —Article 80 Section 13 (CRS 24-80-1301 to CRS 24-80-1305) for discovery of human remains or previously unknown archeological resources. 8.0 REFERENCES BLM GLO (Bureau of Land Management General Land Office Records). 1863. Plat Image. https://glorecords.blm.gov/details/survey/default.aspx?dm id-174075&sid—iuulszfp.juf&sury eyDetailsTablndex=1, accessed January 20, 2025. Colorado Commission of Indian Affairs. 2025. "Historic Tribes of Colorado." Electronic document, https://ccia.colorado.gov/tribes/historic-tribes-of-colorado, accessed January 20, 2025. U.S. Department of Housing and Urban Development. 2025. "Tribal Directory Assessment Tool." Electronic document, https://egis.hud.gov/tdat/, accessed January 20, 2025. USGS (U.S. Geological Survey). 1902. "Greeley Quadrangle." Topographic. National Geologic Map Database project (NGMDB). https://ngmdb.usgs.gov/ht- bin/tv_browse.pl?id=6b1006c0164f876f2f7a1bef6f130e21, accessed January 20, 2025 r • lb I. l TETRA TECH 6 Cultural Resource Desktop Study Fort St. Vrain Generating Station Unit 7 and 8 New Gas Turbine Project FIGURES r • lb I. l TETRA TECH Cultural Resource Desktop Study Fort St. Vrain Generating Station Unit 7 and 8 New Gas Turbine Project Figure 1. Aerial imagery (1124k scale) of the Fort St. Vrain Generating Station Unit 7 and 8 New Gas Turbine Project and Research Area. 0 TETRA TECH Cultural Resource Desktop Study Fort St. Vrain Generating Station Unit 7 and 8 New Gas Turbine Project 0.5 1 0.5 1 Gowan da Kilometers ---Milliken 1� Platteville 2 Miles FORT ST. VRAIN GENERATING STATION UNIT 7 AND 8 NEW GAS TURBINE PROJECT USGS Topographic Map Project Overview Weld County, Colorado R] TETRA TECH Project Components Land Management _ J Project Area Private Research Area State Boundaries County PLSS Township PLSS Section I _ USGS 7,5m Quadrangle NOT FOR CONSTRUCTION 1:24,000 �u+ P4 4 via Jl • es .Vet • r1 ., r4 - "- Y! A ./-u. r • .„#... •.f, r •-aeL or: urea • ,, . M •-•`7 ,.J ip I -4'!" let! (: 1.0 n. 4.» Figure 2. Topographic map (1/24k scale) of the Fort St. Vrain Generating Station Unit 7 and 8 New Gas Turbine Project and Research Area. r lb TETRA TECH FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 ATTACHMENT U: EMERGENCY RESPONSE PROCEDURES Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 Emergency Response Fort St. Vrain Station is a secured facility with access limited to authorized personnel only. Emergencies at the station pose little threat to the general public and initial response to any operational situation at the station is handled by the onsite staff. Any subsequent support that the station needs in responding to an emergency is summoned via the shift control operator dialing 911 to gain the needed emergency services as outlined below. • 16805 Weld County Road 19%, Platteville, CO 80651 Site Address & Phone #: • (970) 336-2090 • Activate evacuation signal/ alarm per facility procedure. Emergency Warning/ Evacuation/ Accountability • Leave the area and go to the designated evacuation assembly area in Control Room for Managers and Ops, all others, to report to area adjacent the Control Room. Use the stairs, NOT elevators. • Managers/ designees conduct headcount and report to control room/ emergency coordinator. Medical Emergency/Rescue • Do not attempt first aid or rescue if you could become a victim. • Call the plant emergency number above or 911 to request an ambulance. • Do not move the affected person unless necessary to prevent further injury. • NOTE: Confined space, high angle, etc., rescue performed only by qualified responders Fire • Check scene for hazard & injuries. Follow medical section for injuries. • Activate the fire alarm/response, if not already activated, and exit the area. • Call the plant emergency number above or 911 to report the fire. • Perform accountability per the Site EAR • NOTE: Use portable fire extinguishers only if trained to do so. Health and Safety of the Public • If an emergency threatens the health and safety of the surrounding community, notify plant management. Plant management will contact: Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION TURBINE UNIT 7 AND 8 • Xcel Energy Community Relations representative for area or site at: • Xcel Energy Media Relations at (612) 215-5300 Severe Weather/ Natural Disasters • Listen for weather/disaster alerts and announcements. • Go to the area(s) listed in Site EAP or shelter under sturdy object. • Move away from any glass area. • Account for all building occupants if building is evacuated. Hazardous Materials Spill/Release • Secure the Area • Assess the conditions • Notify appropriate personnel: • 911 as appropriate • Environmental 24/7 Hotline: PSCO 303-571-7100 • Contact Site Manager or Senior Ops Manager • Take Action based on your knowledge of the material, the associated hazards, available PPE and your training. Security Event: Physical Threat, Bomb Threat, Suspicious Items, Trespassers, Active Shooter • Call 911 to report the situation. • Contact the Enterprise Command Center (ECC) 612-330-6900. • Restrict Access to the area. • Refer to site EAP security section and follow appropriate checklists. L Security Event: Cyber Threat • Contact Regional Administrators and Network Delegates. • Contact the Enterprise Command Center (ECC) 612-330-6900. • Refer to Cyber section of the Site EAR Building Disruptions: Power Outage Flooded Building Elevator Emergency • Report the condition to the Site Manager or Senior Ops Manager. • Specific condition is evaluated to determine health, safety, and security impacts on employees as well as estimated length of disruption. • Site Manager or Senior Operations Manager determine the proper course of action. Weld County Site Selection and Construction of Major Facilities of a Public Utility Application FORT ST. VRAIN GENERATING STATION COMBUSTION UNITS 7 AND 8 i Legend Q Fort St. Vrain Generating Station Haul Route Project Area Subject Parcel Boundary Transportation (CDOT 2021) U.S. Highway State Highway Local Road Boundary (DOLA 2021,Weld County 2022) Municipal Boundary Public Land Survey System (BLM 2020) Township/Range Section NAIP Imagery 2023 e PRELIMINARY, SUBJECT TO CHANGE The information contained herein is believed to be accurate and suitable for limited internal uses only. Xcel Energy/Public Service Company of Colorado makes no warranty as to the accuracy or suitability of any information contained herein for use by third parties. The accuracy of this map and the information depicted should be verified prior to use. The user shall assume all risk and responsibility for any and all damages, including consequential damages, which may arise from the user's reliance on this information. 0 1,000 2,000 Feet Fort Collins • LARIMER COUNTY BOULDER CO9U NTY JEFFERSON COUNTY WELD COUNTY DENVER: COUNTY ADAMS COUNTY MORGAN COUNTY Revised: 2/5/2025 I NOT FOR CONSTRUCTION Path: Z:11163_0111_Ft_St_Vrain_Substation\Layouts\MAPX\Permitting\FSV_1041_Layouts.aprx Haul Route Map 1111111 uiu limo nil iiui m iiiiini iii nm iiii im 2770462 05/24/2000 03:46P JA Suki Tsukamoto 1 of 7 R 35.00 D 0.00 Weld County CO L-(&/?-- I • P(d- joo7 — P 3 Right -of -Way 3140, Book 31 App 00/015 This Right -of -Way made this 21st day of March, 2000 between the State of Colorado ("Grantor"), acting by and through the State Board of Land Commissioners (aka State Land Board), and Public Service Company of Colorado (" Grantee"): Witnesseth Whereas, Grantee has applied to the State Land Board for a right-of-way across certain portions of state trust lands for the purpose of constructing, operating, and maintaining an above -ground 230/345 kV electric powerline, and ON iuewnOOG Whereas, the State Land Board has approved the application subject to the terms and conditions va set forth herein. N O Now therefore, the State Land Board, in consideration of the terms and conditions herein, and for the consideration of Thirty Nine Thousand One Hundred and No/ 100 Dollars ($39,100.00), grants unto the Grantee, a right-of-way for a 30 year term for the purpose of constructing, operating, and maintaining an above -ground 230/345 kV electric powerline across certain portions of state trust lands described as follows: Township 3 North, Range 66 West, 6 PM, Weld County, Colorado Section 16: West 75 feet of the East 127.5 feet Powerline to be centered east -west in said parcel, more particularly described as follows: Beginning at the Northeast Corner of said Section 16; Thence 588°34'28"W along the northerly line of the Northeast Quarter of said Section 16, a distance of 52.51 feet to the Point of Beginning; Thence S00°09'04"E along a line 52.50 feet westerly of and parallel with the easterly line of said Northeast Quarter of Section 16, a distance of 2637.39 feet; Thence S00°08'54"E along a line 52.50 feet westerly of and parallel with the easterly line of the Southeast Quarter of said Section 16 a distance of 2639.04 feet, whence the Southeast Corner of said Section 16 bears N88°49'21 "E, along the southerly line of said Southeast Quarter of Section 16 a distance of 52.52 feet; Thence S88°49'21 "W along said southerly line of the Southeast Quarter of Section 16 a distance of 75.01 feet; 1 1111111 nisi iiiuii nii iiiii uniiiini iii nui im P'R0182 Od1M7000 03AAP JP S�q T�oNamalo 2 of 7 R 35.00 D 0.00 Weld County CO Thence N00°08'54"W along a line 52.50 feet westerly of and parallel with said easterly line of the Southeast Quarter of Section 16, a distance of 2640.39 feet; Thence N00°09'04" W along a line 52.50 feet westerly of and parallel with said easterly line of the Northeast Quarter of Section 16 a distance of 2635.72 feet; Thence N88°34'28"E along the northerly line of said Northeast Quarter of Section 16, a distance of 75.02 feet to the Point of Beginning. Contains 9.08 acres, more or less. Township 1 South, Range 64 West, 6 PM, Adams County, Colorado Section 36: NW4 Beginning at the Northwest Corner of said Northwest Quarter of Section 36; Thence S89°40'29"E along the northerly line of said Northwest Quarter of Section 36, a distance of 1487.97; Thence $61°18'59"W, 18'59" W, a distance of 1676.28 feet; Thence 14101 ° 13'26"W along the westerly line of said Northwest Quarter of Section 36, a distance of 813.20 feet to the Point of Beginning. Contains 13.88 acres, more or less. Terms and Conditions 1. This right-of-way grant is made for the sole purpose described, and for the singular use by the Grantee named herein. No other purpose or use is permitted. If Grantee uses or attempts to use the lands for any other purpose whatsoever, then this right-of-way shall become void and of no effect, and shall revert to the State Land Board or its successors. 2. This right-of-way grant is not exclusive. It is subject to any and all uses, easements and rights -of -way granted previously. The State Land Board reserves the right to use, or permit the use of, these same lands for any new purpose which will not unreasonably interfere with or endanger any of the facilities of the Grantee, or use thereof. Grantee agrees to permit and not interfere with such new or additional uses. 3. The Grantee shall not sublet or assign, in whole or in part, this right-of-way unless the State Land Board, at its sole discretion, gives written authorization. Any transfer or assignment, or attempted transfer or assignment, of any of the rights granted, without such consent in 1111111 mu iiniii nu iiiii m 1811111 III IINI IIII IIII 111016E A6'YYE000 03:,6P Aguq Twgmop 3 of 7 R 35.00 D 0.00 Weld County CO writing, shall be absolutely void, and at the option of the State Land Board, shall terminate this agreement. 4. The State Land Board reserves the right at any and all times during the continuance of the right-of-way to sell, exchange, or otherwise dispose of the lands. 5. If Grantee fails to construct the facility or facilities described above within two (2) years from date hereof, this grant shall be subject to cancellation at the option of the State Land Board. If the State Land Board agrees to extend such construction period, the State Land Board may fix additional consideration at the time of completion of construction of said facilities. 6. Upon completion of construction of the herein described facility, the Grantee agrees to restore the land, as near as practicable to its original condition, unless otherwise agreed to in writing by the State Land Board. 7. The Grantee shall not fence or otherwise obstruct free and open access to and travel upon, said land, without written authorization from the State Land Board. No surface installation of any kind is authorized by this grant unless specifically mentioned herein. 8. If the facility for which said right-of-way is granted is to be enlarged, replaced, relocated, or added to in the future, the Grantee shall advise the State Land Board of such change and furnish surveys, plats, and description of the change to the State Land Board for approval. In that event the State Land Board may, at its sole discretion, require the Grantee to pay additional consideration. Grantee shall not establish a water use, water permit, or water right unless the State Land Board at its sole discretion gives written authorization. If the Grantee uses or establishes any water right on the state land, for any use on or off state land, such right shall become and remain the property of the State Land Board. 10. All rights to any and all minerals, ores, and metals of any kind and character, and all coal, asphaltum, oil, gas, geothermal resources, or other substances in or under said land are reserved to the State of Colorado. If the State Land Board desires to occupy or use, or permit the occupancy or use of, the lands which are subject to the right-of-way herein granted, or any portion thereof, for any purpose with which the aforesaid facilities would interfere, including the mining, removing, or recovering of all minerals, ores, and metals of every kind and character and all coal, asphaltum, geothermal, steam, and other substances in or under said land, then the State Land Board may require the Grantee to relocate, raise, lower, disconnect, or otherwise adjust its facilities after first receiving not less than ninety (90) days' prior written notice from the State Land Board. In such event, the Grantee shall be furnished a similar right-of-way over and across state land, where available and suitable, free of charge to relocate, raise, lower, disconnect or otherwise adjust said facilities. 3 111111111111 1111111 1111 1111111111111111111111111111 IIII 2770462 06/24/2000 03:18P JA fluid hulminaW 4 or 7 P 35,00 0 0.00 Weld County CO 11. The right-of-way granted herein shall continue until termination for cause or expiration of term, whichever occurs first. If the said use of facilities are abandoned or become inoperable for twelve (12) consecutive months, this right-of-way or any unused portion thereof shall automatically and without notice terminate. 12. The Grantee may remove the facilities during the term granted. Upon such removal, the right-of-way shall terminate, except that temporary removal of said facility during maintenance or approved reconstruction shall not terminate this grant. 13. Upon termination of this right-of-way either for cause or by expiration of term, the Grantee shall restore the premises as nearly as possible to the condition they were in prior to the grant and construction of the original right-of-way, unless otherwise requested or agreed to by the State Land Board. 14. The Grantee assumes all liability arising from the exercise of this right-of-way, including but not limited to the risk of all injuries, including death, resulting therefrom to persons and damage to property, including loss of use thereof, and all taxes, fees, assessments or charges, resulting directly or indirectly, wholly or in part, from this right-of-way and to indemnify, save harmless and defend the State Land Board from and against any and all liability arising therefrom. 15. The Grantee will pay full compensation to the State Land Board for damages to its property, rights, franchises or privileges, including liabilities and damages to its lessees and other third parties resulting from acts, omissions or use of the lands or rights granted under this right-of- way. 16. Failure to comply with any term or condition contained in this right-of-way grant shall be grounds for termination by the State Land Board. 17. Plats and surveys performed by Merrick Engineers & Architects and dated November 1999 were submitted by the applicant to depict the location of this grant. Said plats are hereby made a part of this right-of-way document for locational purposes, but shall not prevail over the terms and conditions herein. Approved and granted: State of Col ado, by the State Bo of Land Com ion ennis DeVore, Right -of -Way Manager 111111 IIIII 1111111 IIII IIIII III IIIIIIII IN IIIII IIII IIII 6 af� A 35.00 �0:0 WeItlJCaunN CO �mab Approved and accepted: Public Servicc Company off Colorado Signature Nicholas B. Fees, Manager Siting & Land Rights, New Century Sarutsi Printed Name Title or Position 11th IIIII 1111111 IIII 11111 III ilhllllt III 11111 1111 IIII 2770462 a ��w�o° o.00 :wia JA Tsukamoto SEC 16 0 125 250 540 S 88'34`28" W 2649.87' S 1000 I inch • 500 It. N 88'34'28" E 75.02' POINT OF BEGINNING S 88'34'28" W 52.51' POINT OF COMMENCEMENT NE COR. SEC. 16 STATE OF COLORADO 9.084 ACRES SE COR. SEC. 16 MORE OR LESS N88'49'21"E 52.52' S 88'49'21" W 75.01' N 88'49'21" E 2613.52' CO Csl 75.00' 75,001 • Nts- Cn CV 0 z JJ rg 44 Oral a44 o O U, a w -52.5G' 52.50' gd- CD 0) CD Kit1� h-1 CC 44 LC) E~ O O f PREPARED BY MER' IC 4 COMPANY STATE OF COLORADO 0 Public Service Company of Colorado Public Service SECTION 16 TOWNSHIP 3 NORTH RANGE 66 WEST SCALE:1 = 500 6!h PRINCIPAL MERIDIAN, WELD COUNTYt COLORADO DOCUMENT NO. AGENT: DRAWN BY: rdn DATE: 9-15-99 I 11111 1111111 IIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIn Z}/p�gp UYLIIYAOo 03:/6P JA 6uMi TauWmdo 7 of 7 R 35,00 0 0.00 Weld County CO SEC 26 f i i i 5264.33 POINT OF BEGINNING NW COR OF THB NM lf4 OF SEC s6 0 e 0 s 0 0 0 0 r i s i i oci cc c.1 If) O N 0 • SEC 35 L'A 0 125 250 500 1000 1 inch it 500 ft. i WESTERLY LINE OF THE NW 1/4 1 A SEC 25 2648.26' STATE OF COLORADO 13.884 ACRES MORE OR LESS NW 1/4 SEC 36 ..N err 4 PREPARED BY MERRICK & COMPANY STATE OF COLORADO 0 Public Service Company of Colorodo Public Service SECTION 36 TOWNSHIP 1 SOUTH ,RANGE 64 WEST SCALE:1 " a 500 6th PRINCIPAL MERIDIAN, ADAMS COUNTY, ; ` COLORADO DOCUMENT NO. AGENT: i.. b DRAWN BY: rdn DATE: 11-30-99 i • STATE dwg "r 4 4 r BOCK1090 PAGE29G (Nt 111 0 FED 1. 71 Recorder} j+► APO No. C -13C0 0 7 0 0 . CO'c1ocLt l ("Tar, Recorck, RIGHT OF WAY NO. 532 Book 5. 4104111140 - • Mae - a • • P. THIS INDENTURE, Made this 27th day of Sepoember, A. D. 1930, between the STATE OF COLORADO, by its duly authorized officers, party of the first part, and the PUBLIC SERVICE COMPANY OF COLORADO, of Denver, Colorado, party of the second part, WITNESSETH: WHEREAS, the party of the second part has made application to the State Board of Land Commissioners, having control of the lands held by the State of Colorado, for a right -of -way over, upon and across the tracts of school land hereinafter described for the construction, erection and maintenance of a power transmission line, and WHEREAS, the said State Board of Land Commissioners has, in manner and form as provided by statute, granted such right-of-way for the purpose aforesaid upon the terms and conditions hereinafter set forth, and has duly authorized the proper officers of said State to execute right-of-way deed, NOW, THEREFORE, THESE PRESENTS WITNESSETH: That the party of the first part, in consideration of the premises, and the further con- s ideration of the sum of Four Hundred and No/100 Dollars ($400.Ooy' lawful money of the United States by the party of the second part to the party of the first part in hand paid, the receipt whereof is here- by confessed and acknowledged, has granted and by these presents does grant unto the party of the second part, its successors and assigns, a right-of-way over, upon and across Section 16, Township 3 North, Range 66 Nest of the 6th P. M. more particularly described as follows: A r r 0 0 C ,' Qf 1 r 8004090 PAGE 2. 3 A strip of land 45 feet in width for power line purposes entirely along, parallel and adjacent to a line thirty feet West of the East boundary of Section 16, Township 3 North, Range 66 West, containing in all the following areas: Sub --division Secticn Town ship Range Area. 1 a r i 1 Nt N s N a a a 16 1 a a a a a 1 a a a 1 a a 3 North 66 West 1.36 acres 16 3 North 66 West 1.36 3 North 66 West 1.35 " 3 North 66 West 1.36 Total acreage - 5.44 acres. It is expressly understood and agreed by and between the parties hereto, as follows: NE 4 SE* 16 sEtt sit 16 1. That all rights to any and all minerals, ores and metals of every kind and character and all coal, asphaltum, oil and other like substances in or under said land are reserved to the party of the first part. 2. That the party of the second part s hal l not fence or others wise obstruct free and open access to and travel upon, over and across the land. 3. That the party of the first rst part shall have the right at any and all times during the continuance of the easement hereby granted to lease, sell or to otherwise dispose of said tract or parcel of land and to use the same for all purposes, except as necessarily limited by the erection and maintenance of poles and wires and apparatus attached thereto. 4. That any and all poles or other supports and all materials used in the construction of said transmission line, erected upon said land for the purpose of carrying wires for the transmission of electricity shall be of the latest and most approved type for such purposes. 5. That the party of the first part may at all times go upon said premises, and in any part thereof, for the purpose of inspecting the construction and operation of the same, and of asoor taining whether or not daid party of the second part, and those holding thereunder, by or fron him, are carrying out the terms, covenants and agreements of this grant. 6. That this right-of-way is made subject to any and all ease- ments and rights -of -way heretofore legally obtained, and now in full force and effect, if any there be. gis 1090 PAGE 294. Q U • 7. That this grant of righteof-'way is made for the sole and only purpose hereinabove set forth and no other, and in the event that the second party, its successors or assigns, shall at any time use or attempt to use the same for any other purpose whatsoever, shall abandon or discontinue the use of the land for the purpose hereinabove set forth, then this grant shall become void and of no effect, and any rights hereunder granted to second party shall terminate upon notice to that effect being served upon the party of the second part, to whom such righteof eway was granted, at its last known' post -office address, as provided for by statute. • IN WIIVESS MMEREOF the party of the first part has caused these presents to be executed in its name and on its behalf by Raymond Miller, president, Arthur H. King, Register and Will R. Murphy, Engineer, of the State Board of Land Commissioners, and has caused the seal of the State Board of Land Commissioners to be hereto attached by said Register of said State Board of Land Commissioners, all the day and year first above written. a .31» STATE BOARD OF LAND COMMISSIONERS. X2.2_2 e star. } N k0" sw eat �o � •11 .• -• 15249 `241) 'sr"). fit, No 892065 DEED FOR FOR The State Board of Land Commissioners TO STATE OF COLORADO COUNTY - - COUNTY SS. I hereby certify that this instrument was for record in my ofice at.�� filed FEB 6A le 19___-, and is duly recorded in book /0 COMPIMPei c ni_e ..588 _ ^. W '� % I 0 ON 0 111 Ni Poi %A1 •o N C C► rwe cr+ I i I • 911 ‘4) VI Net% iik 1st' 1 a °Y'-'.�... •-- : :�A F �• S+i ▪ 'ti: `-:i\:::i= ]3__tdyr:e.:da:a+.- YY'k't'sx'?._...'-s-�_ a • • �� ,��;.-,i.;N.:�-•_ .,F:i:��r�ti:.:. s..-.sa•:-:('... '�C1/41: tie1i:. -. •iy. l •+SYy Recorded at ) 036 N O Y 3y ffF1'119. 67 Roc. No 1509605 Ann Spomeri Recorder WARRANTY DEED • THIS DEED, Made this 1 -- day of November, 1967, in the year of our Lord one thousand nine hundred and sixty-seven between. 1480 WELTON, INC., a corporation duly organized and existing under and by virtue of the laws of the State of Colorado, of the first part, and PUBLIC SERVICE COMPANY OF COLORADO, a corporation duly organized and existing under and by virtue of the laws of the State of Colorado, of the second part: WITNESSETH, That the party of the first part, for and in consideration of the sum of One Hundred and No/100 Dollars ($100.0O) and other good and valuable consideration to the said party of the first part, in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowl- edged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said party of the second part, its successors and assigns for- ever, all the following described tracts of land, situate, lying and being in the County of Weld, and State of Colorado, to -wit: That part of the Northeast Quarter of Section 34, Township 4 North, Range 67 West of the 6th P.M., 1 ying East of the UNION PACIFIC RAILROAD right of way, EXCEPTING THEREFROM the Southeast Quarter of the said Northeast Quarter. • The Southeast Quarter of Section 34, Township 4 North, Range 67 West of the 6th P.M., EXCEPT that portion of the said Northeast Quarter of the South- east Quarter lying North of the Platte River as said river ran over and across said land on August 20, 1918. The Southwest Quarter of the Southwest Quarter of Section 35, Township 4 North, Range 67 West of the 6th P.M. _.••••••••••_ • - -- _.: .i." :.. ,. .:.:::',. ..._..�.'-ice:-S' •J4Y"i+ L".Y --C=- ..--. ii. >.+Y.4F :" -- .:-�areit`4:. ar a,Y.' ; Lc. • • /1503605 f I • • • The West Half of the West Half of Section 2, Township 3 North, Range 67 West of the 6th P.M. The East Half of Section 3, Township 3 North, Range 67 West of the 6th P.M. The North Half of the Southwest Quarter and all o f the Northwest Quarter lying South of the North Bank of the St. Vrain River in Section 3, Town- ship 3 North, Range 67 West of the 6th P.M. The Southeast Quarter of Section 10, Township 3 North, Range 67 West of the 6th P.M. The West Half of the Northeast Quarter and the West Half of Section 11, Township 3 North, Range 67 West of the 6th P.M. TOGETHER with all water, ditch, lateral, canal and reservoir rights, water filings, flumes, pipe lines, dams, and rights of way therefor, and springs and wells, owned and used in connection with or in any- wise appurtenant to the above described lands, or any of them, including, but not limited to, nine shares of the stock of the Beeman Irrigating Ditch and Milling Company (represented by Certificate No." 207); a 2/98ths interest in the Hewes and Cook Ditch, said interest being a part of priority No. 13 of the date of May 6, 1866, for 27.45 cubic feet per second of time and priority No. 23 as of August 10, 1871, for 71.11 cubic feet per second o f time in Water District No. 2 from the South Platte River; all right, title and ownership in and to the Jay Thomas Ditch and the water decreed thereto or used in connection therewith decreed for 18 cubic feet per second of time; any rights owned to water from Western Mutual Ditch Company and the right to carry water therein; and any and all rights of way or easements, appurtenant to or u sed in connection withsaid lands and waters used thereon. SUBJECT TO reservations in United States patents, railroad deeds, public roads and any and all rights o f way or easements now existing over and across the above described lands or any of them; subject to any mineral reservations of record. TOGETHER with all crops now growing upon said real estate and all and singular the hereditaments and appurtenances there- unto belonging, or in anywise appertaining, and the reversion and 2- a - .:-i..�f..c�.f _. •- ._ z"_i.ta t : xis' '•-. '.v.e z.J �.' .`+e�.a.{ ...i �.:.. �Y. '.i. ....,. :. �N':.-1.w G.:.:..::. �d.. �'U��..vi= "LfJ. .S�.#-�:�->T � [i r :as .a...aK".:un,.ii.::..R.Ct Yx G`...r .�..i': oQ � tie 588 1S - � =�� .. - 03605 • • I • Oi t a i i • • reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto PUBLIC SERVICE COMPANY OF COLORADO, the said party of the second part, its successors and assigns forever. • And the said party of the first part, for itself, its successors and assigns, does covenant, grant, bargain and agree to and with the said party of the second part, its successors and assigns, that at the time of the ensealing and delivery of these presents it is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever, subject, however, to any lien arising by virtue of said lands or any of them being included within the boundaries of Northern Colorado Water Conservancy District and Platte Valley Soil Conservation District, The Platteville Fire Protection Dis- trict, and Little Thompson Valley Water District, and except the lien of 1967 general real estate taxes payable in 1968, and 0 the above bargained premises in the quiet and peaceable possession -3 - r...L:..4-.6,c .s -,l ;..re _S.SaL�'A_Y‘maicL"rria..miyt1•••Xa" .: .rru. - -��.tix.., +_ 4 4 588 a ige:+.+•R'L�� r t • • 1509605 Li •.s• of the said party of the second part, itssuccessors and assigns, against all and every person or persons lawfully claiming or to • claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND DEFEND. IN WITNESS WHEREOF, The said party of the first part has hereunto set its hand and seal the day and year first above written. elbwk t• • '1111114 • a Yard 3 • • Secretary STATE OF COLORADO CITY AND COUNTY OF DENVER ss. 1480 WELTON, INC. By 446e President The foregoing instrument was acknowledged before me this 30th day of October , 1967, by R. T. Person e ?resident, and W. W. Howell of 1480 Welton, Inc. WITNESS my hand and official seal. My commission expires _ .{1ow••.••,. • • 1ati r • t•�•I tti �; •'•, `• 11.16 $: ••L•v••• • $ . Y ••- -•I • I• -•• . ♦!•• • a i ,i• '—t: • • I. stir} t 4�. � � �» 1ti } ' • Y• • • •, • •••.•• I • • a November 5 , . 1969 Notary Public Secretary ftn t :VEll FOR EXECUTION LEE. BRYANS, KELLY & STANSFIELD ATTORNEYS j� a • 5oa* 543 p , , fir Reco'd at_ I W O 10 1965 -- ~` lock a if., 1469551 ANN SPOMER Rec.,..�on No.. Recordei, 0 0 CD I l ki If „Lk cct st . THIS DEED, Made this 5th day of August • in the year of our Lord one thousand nine hundred and Sixty—five between Leo Smits and Alice smits County of weld of Colorado, of the first part, and Agent, existing under and by virtue of the of the second part: of the and State VAN S CHAACK LAND COMPANY, a corporation organized and laws of the State of Colorado RECORDER'S STAMP WITNESSETH, That the said part ies of the first part, for and in consideration of the sum of Other valuable consideration and Ten and no/100 DOLLARS, to the said part ies of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, ha Vegranted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said party of the second part, its successors and assigns forever, all of the following described lot or parcel of land, situate, lying and being in the v, - County of Weld and State of Colorado, to -wit: E1/2NE1/4, Sec, 10, Twp. 3 N. Range 67 W., 6th P, M., together with two shares of the capital stock of the Beeman Irrigation Ditch and Milling Company, and any and all other ditch, water, well, irrigation and reservoir rights of grantors whether represented by direct appropriations or interests in ditch, irrigation or reservoir corporations, appertaining to the above des- cribed premises,4ncluding but not restricted to an interest in a well and pumping plant in the southeast corner of the subject prem- ises which are shown on map recorded in Book 7 of maps, page 38, geld County records- and together with an undivided half interest in all oil, gas and other minerals in and under th e e surface of said premises. k, z% tee :J.13.41! IC)• c . ate` U . y� com is§ion expires es, . . it• . ♦j `''••Italia •-• %NV 1/4" TOGETHER with all and singular the hereditaments and appurtenances thereunto 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 said part ies of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said party of the aeq nd. Dart, its successors and assigns forever. And the said parties of the first part for LL�!eir them selves . j errs, executors, and administrators, do covenant, grant, bargain and agree to and with the said party of the second part, its successors and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha ye good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever, except 1965 general taxes and one-half of oil, gas and other inerals reserved in deed recorded in Book 1464, page 340, and the above bargained premises in the quiet and peaceful possession of the said party of the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part lesof the first part shall and will WARRANT AND FORESTER DEFEND. IN WITNESS WHEREOF, The said parties of the first part ha ve hereunto set their hand S and seal S the day and year first above written. Signed, Sealed and Delivered in the Presence of Leo Smits ) [SEAL] Alice Smits STATE OF COLOR� DO 13"41ity and county of irtit) "finnan. instrument was acknowledged before me +, X Le • • . .. � o Smits and Alice Smits. I. 1' °• . { �tI4N SS -••m y hand and official seal. �-� [SEAL] [SEAL] - this 5th day of August, n -Z..242 Notary Public .1 No. 952 WARRANTY DEED TO CORPORATION —For Photographic Record. —Bradfox d -Robinson Printing Company; 4t: I • tPW EXEC .l 1 • • No1469551, ✓ • WARRANTY DEED • • yE TO 1 STATE OF COLORADO, County of..-. - _- . as, I hereby certify that this instrument was filed for record in my office this day of AUS 0 J96hLD.io . tesawarato'clock.,_ _-_..M., and duly recorded • c. 4 I r . • in Book Recorder. lgeef 7 /7>t) 2Reta, By. ... ...... ... Ze/ ,A.22.., Deputy. Fees, $ 1Suit to)% .;>/e7: /etc' Send future tax statements to: 42 '-o r .. 2-64 °RADFORD-ROBINSON PTO. Co.. DENVER • 4. At z r r s I 3 • • • • • • r I • • • ) • r • • • • •. 1 J 1 • 4 4 1 r r•• 1 . • • $ • • 4 I r 3 • 1 r • • r r S. • • • • 1 r ni_e ..588 _ ^. W '� % I 0 ON 0 111 Ni Poi %A1 •o N C C► rwe cr+ I i I • 911 ‘4) VI Net% iik 1st' 1 a °Y'-'.�... •-- : :�A F �• S+i ▪ 'ti: `-:i\:::i= ]3__tdyr:e.:da:a+.- YY'k't'sx'?._...'-s-�_ a • • �� ,��;.-,i.;N.:�-•_ .,F:i:��r�ti:.:. s..-.sa•:-:('... '�C1/41: tie1i:. -. •iy. l •+SYy Recorded at ) 036 N O Y 3y ffF1'119. 67 Roc. No 1509605 Ann Spomeri Recorder WARRANTY DEED • THIS DEED, Made this 1 -- day of November, 1967, in the year of our Lord one thousand nine hundred and sixty-seven between. 1480 WELTON, INC., a corporation duly organized and existing under and by virtue of the laws of the State of Colorado, of the first part, and PUBLIC SERVICE COMPANY OF COLORADO, a corporation duly organized and existing under and by virtue of the laws of the State of Colorado, of the second part: WITNESSETH, That the party of the first part, for and in consideration of the sum of One Hundred and No/100 Dollars ($100.0O) and other good and valuable consideration to the said party of the first part, in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowl- edged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said party of the second part, its successors and assigns for- ever, all the following described tracts of land, situate, lying and being in the County of Weld, and State of Colorado, to -wit: That part of the Northeast Quarter of Section 34, Township 4 North, Range 67 West of the 6th P.M., 1 ying East of the UNION PACIFIC RAILROAD right of way, EXCEPTING THEREFROM the Southeast Quarter of the said Northeast Quarter. • The Southeast Quarter of Section 34, Township 4 North, Range 67 West of the 6th P.M., EXCEPT that portion of the said Northeast Quarter of the South- east Quarter lying North of the Platte River as said river ran over and across said land on August 20, 1918. The Southwest Quarter of the Southwest Quarter of Section 35, Township 4 North, Range 67 West of the 6th P.M. _.••••••••••_ • - -- _.: .i." :.. ,. .:.:::',. ..._..�.'-ice:-S' •J4Y"i+ L".Y --C=- ..--. ii. >.+Y.4F :" -- .:-�areit`4:. ar a,Y.' ; Lc. • • /1503605 f I • • • The West Half of the West Half of Section 2, Township 3 North, Range 67 West of the 6th P.M. The East Half of Section 3, Township 3 North, Range 67 West of the 6th P.M. The North Half of the Southwest Quarter and all o f the Northwest Quarter lying South of the North Bank of the St. Vrain River in Section 3, Town- ship 3 North, Range 67 West of the 6th P.M. The Southeast Quarter of Section 10, Township 3 North, Range 67 West of the 6th P.M. The West Half of the Northeast Quarter and the West Half of Section 11, Township 3 North, Range 67 West of the 6th P.M. TOGETHER with all water, ditch, lateral, canal and reservoir rights, water filings, flumes, pipe lines, dams, and rights of way therefor, and springs and wells, owned and used in connection with or in any- wise appurtenant to the above described lands, or any of them, including, but not limited to, nine shares of the stock of the Beeman Irrigating Ditch and Milling Company (represented by Certificate No." 207); a 2/98ths interest in the Hewes and Cook Ditch, said interest being a part of priority No. 13 of the date of May 6, 1866, for 27.45 cubic feet per second of time and priority No. 23 as of August 10, 1871, for 71.11 cubic feet per second o f time in Water District No. 2 from the South Platte River; all right, title and ownership in and to the Jay Thomas Ditch and the water decreed thereto or used in connection therewith decreed for 18 cubic feet per second of time; any rights owned to water from Western Mutual Ditch Company and the right to carry water therein; and any and all rights of way or easements, appurtenant to or u sed in connection withsaid lands and waters used thereon. SUBJECT TO reservations in United States patents, railroad deeds, public roads and any and all rights o f way or easements now existing over and across the above described lands or any of them; subject to any mineral reservations of record. TOGETHER with all crops now growing upon said real estate and all and singular the hereditaments and appurtenances there- unto belonging, or in anywise appertaining, and the reversion and 2- a - .:-i..�f..c�.f _. •- ._ z"_i.ta t : xis' '•-. '.v.e z.J �.' .`+e�.a.{ ...i �.:.. �Y. '.i. ....,. :. �N':.-1.w G.:.:..::. �d.. �'U��..vi= "LfJ. .S�.#-�:�->T � [i r :as .a...aK".:un,.ii.::..R.Ct Yx G`...r .�..i': oQ � tie 588 1S - � =�� .. - 03605 • • I • Oi t a i i • • reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto PUBLIC SERVICE COMPANY OF COLORADO, the said party of the second part, its successors and assigns forever. • And the said party of the first part, for itself, its successors and assigns, does covenant, grant, bargain and agree to and with the said party of the second part, its successors and assigns, that at the time of the ensealing and delivery of these presents it is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever, subject, however, to any lien arising by virtue of said lands or any of them being included within the boundaries of Northern Colorado Water Conservancy District and Platte Valley Soil Conservation District, The Platteville Fire Protection Dis- trict, and Little Thompson Valley Water District, and except the lien of 1967 general real estate taxes payable in 1968, and 0 the above bargained premises in the quiet and peaceable possession -3 - r...L:..4-.6,c .s -,l ;..re _S.SaL�'A_Y‘maicL"rria..miyt1•••Xa" .: .rru. - -��.tix.., +_ 4 4 588 a ige:+.+•R'L�� r t • • 1509605 Li •.s• of the said party of the second part, itssuccessors and assigns, against all and every person or persons lawfully claiming or to • claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND DEFEND. IN WITNESS WHEREOF, The said party of the first part has hereunto set its hand and seal the day and year first above written. elbwk t• • '1111114 • a Yard 3 • • Secretary STATE OF COLORADO CITY AND COUNTY OF DENVER ss. 1480 WELTON, INC. By 446e President The foregoing instrument was acknowledged before me this 30th day of October , 1967, by R. T. Person e ?resident, and W. W. Howell of 1480 Welton, Inc. WITNESS my hand and official seal. My commission expires _ .{1ow••.••,. • • 1ati r • t•�•I tti �; •'•, `• 11.16 $: ••L•v••• • $ . Y ••- -•I • I• -•• . ♦!•• • a i ,i• '—t: • • I. stir} t 4�. � � �» 1ti } ' • Y• • • •, • •••.•• I • • a November 5 , . 1969 Notary Public Secretary ftn t :VEll FOR EXECUTION LEE. BRYANS, KELLY & STANSFIELD ATTORNEYS j� a • an 590 y Recorded at..l d • I.[.-o'cfvcR:.......:.M JAN 5 #968 _.____.....s.........� 'der V IN,EXED Form 340-10-0667 151 Rao. No ......_...---Ann Spomer, Reco k:-.... kil /1^' L t c� k Ni ttt CO UN ,-{ UN ral an re on r- tit '0 .,,,J 4aV b \• � et C 0 T . • `� r r ,..._, �' 4y at_. / 8th THIS DEED, Made this day of November 'in the [year of our Lord, one thousand nine hundred and Sixty -s even -between CULLEN and C. SHIRLEY ODENBAUGH E. EVELYN ODENBAUGH, STANLEY L. ODENBAUGH ODENBAUGH State of Colorado, of the first part, and PUBLIC SERVICE COMPANY OF COLORADO .a corporation organized and existing under and by virtue of the laws of the State of Colorado, of the second part: • WITNESSETH, That the said ies ° of first part, for and in consideration of the sum of part -the DOLLARS, Thousand Two Hundred ($18,200) Eighteen 'whereof to the said part ies of the first part in hand paid by the said party of the second part, the receipt is by do hereby confessed and acknowledged, ha V e granted, bargained, sold and 'conveyed, and these presents grant, bargain, sell, convey and confirm, unto the said party of the second part, its successors and 'assigns forever, "Premises"), all the following described lot or parcel of land (hereinafter called the situate, lying and being in the County of Weld and State of Colorado, to -wit: , I si The North 300 feet of the SW4 of Section 12,fail `,1 Township 3 North, Range 67 West of the 6th - p _ P.M., Weld County, Colorado . ll{l{ l;H�.\'�I{I": R E= V E N .0 E 7 _ f ,' • i _ .� _1: EIT;:UMENTARY; r III it '� �1 ilk v i 0-•f esi �. �' 'a-- CENTS{�� IN•,'16,'t {(ElENIE1 Z 11 • • _ v r; 1•((t- ^ IL.A) IV'15.vt%k ,. _ N el 31 N I' Q► TOGETHER with all and singular the hereditaments and appurtenances PP thereunto g� belonging, g, 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 said part ieS of the first part, either in law or equity, of, in and to the above bargained Premises, with the hereditaments and appurtenances. RESERVING, however, to the Grantor(s) as the owner (s) of land abutting the Premises, and to the Grantors %3. UN I a � 0 _ O 43 �1 successors in such ownership, the following: The right and privilege to use the Premises for agricultural use and operation so long as such use does not interfere with any use of the Premises which the Grantee, its successors or assigns may at time or times desire to make, provided the Grantor(s) their heirs, executors, administrators and assigTjs relieve the Grantee, its successors or assigns from any and all liability in making such agricultural ,,us'e o 1 tke.�e ��,. � d tnises. � The Grantee, its successors and assigns shall not ' be liable for damage caused to property ((grQRhig"or, of ee wise) on the Premises. The Grantor(s) their heirs, executors, administrators and assigns &'-all at; u q ban any right to erect or maintain any buildings or other structures, or to plant any trees, or to ;brc1 any so&on the Premises. �` O E AG 'O HOLD the said Premises above bargained and described, with the appurtenances, unto the • ) aif ia t1 �t1�e eco d part, its successors and assigns forever. And the said part ies of the first part, for V �� sel �. executors, and administrators, do covenant, grant, bargain and agree to and with f. Ate °parr � e�� _ , the its of- second part, successors and assigns, that at the time of the ensealing and delivery of tie �Ie�Ys •'; they ooq p� }{�� arewell seized y of the Premises above conveyed, as of sure, absolute 7 I�JI l I. 4 good, perfect, and indefeasible estate of inheritance, in law, in fee simple, and ha ye right, full and lawful to bargain, good power authority grant, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever, except real estate taxes for the year 19678 1?y able general in 1968, and subsequent � Y ears. _payable - Excepting and reserving unto the Sellers, their heirs and assigns all oil and gas and other minerals, except sand and gravel, in, on or under the above described land, provided however that no portion of the surface of the above described land shall be used by the Sellers, their heirs, assigns or legal representatives for the purpose of prospecting for, drilling for, mining or recovery of any such oil, gas and other minerals. Oil, or other mineral gas be will not removed to such an extent to undermine or disturb any structures which may be erected on the above described and the above bargained Premises in the property. quiet and peaceable possession of the said of the second its successors and assigns, against all and lawfully party part, every person or persons claiming or to claim the whole or any part thereof, the said part ieS of the first part shall and will WARRANT AND FOREVER DEFEND. c i S i <ri 6 IV 1511582 aooK 590 N co rei Jr: tl IN WITNESS WHEREOF, The said part ies of the first part have caused this instrument to be the day and year first above written. Shirly E. Odenbaugh , STATE OF COLORADO, ' County of Weld e Cullen C. Odenbaug Stanle Odenbaugh 'as. 1 The foregoing instrument was acknowledged before me this b. 196?,",spy .Cullen C•, Odenbaugh, Evelyn Odenbaugh, 'sand Shirley E. Odenbaugh <my -hand and officiaT seal. ssexpires • 3. 9Th 0 . rJ U �`V '-i 7 . •s. O .••, v. F C pL ,,. .rria It •• • STATE OF COLORADO, County of The foregoing instrument was acknowledged before me this 19 , by WITNESS my hand and official seal. My commission expires STATE OF COLORADO, County of The foregoing instrument was acknowledged before me this 19 , by • My notarial commission expires WITNESS my hand and official seal. O z T E, QDENBAUGH • ecuted [SEAL] [SEAL] [SEAL] day of Sexceer Stanley L. Odenbaugh day of Notary Public. day of as as Notary Public. President and Secretary of a corporation. O C -�o • M ca uris?? us as ro pri 0 0 a w .0 1-r ro 0 0 b SI V w O and is duly recorded in book I . Notary Public. .8 is to _to goy H 0W� alO rz, got VOA. 1-1MM W 03 Sa SOCh w UC7 1967 Recorded at_...a �,� ».� ..... Iock._.._ .? t., ....... ------'.. 587 Re ion No "`1.506603 _ ect. i co CD In grkt c 0 C .1/400 • KNOW ALL MEN BY THESE PRESENTS, That, Whereas, Charles A. Quimby,Jr.and Mary E. Quimby of the County of : Weld by their Deed of Trust dated the 15th day of December , 19 65 , and duly recorded in the office of the County Clerk and Recorder of the County of Weld , in the State of .Color do, o the 18thi ' -d. y of January 19 66 in Book 558 Keceptato a Jo . 11+8a ° e ed to the Public Trustee P g Y in said Weld County, certain property in said Deed of Trust described in trust to secure to the order of John E. Lett and Marjorie M. Lett the payment of the indebtedness mentioned therein. • RECORDER'S STAMP AND, WHEREAS, said indebtedness has been partially paid and the purposes of said trust have been partially satisfied • NOW, THEREFORE, at the request of the legal holder of the indebtedness secured by said Deed of Trust, and in consideration of the premises, and in further consideration of the sum of Two Dollars to me in hand paid, the receipt whereof is hereby acknowledged, I, as the Public Trustee in said Weld County, do hereby remise, release andquit-claim unto the present owner or ow.uers of the property hereinafter described and unto the heirs, successors and assigns of said owner or owners forever, all the right, title and interest which I, as such Public Trustee have in and to that part and portion of the property, set forth and described in the aforesaid Deed of Trust, described as follows, to -wit The North 300 feet of the Southeast quarter (SE } of .Section 12, Township 3 North, Range 67 West, of the 6th Principal Meridian, County of Weld, State of Colorado. situate, lying and being in the Colorado. County of Weld and State of , TO HAVE AND TO HOLD THE SAME, Together pith all and singular the privileges and appur- tenancesthereto belonging forever.' And further, that, as to the above described property, the said. Trust Deed is to be considered as fully and absolutely rele a • ed, cancelled and forever discharged. WITNESS my hal dzand seal this 6th -`'' ' day a 9cto r ,19 6 STATE OF COLORADO, County of Weld The foregoing instrument was acknowledged before me this s1lrtrrio,f r ,,,� 19 67 ' by Martin G. Field 4� 1 -.*s*r� rp �•, as the .,,. ,, � .�R��,�..d , Colorado. Alt At? f .> 't y�• c.em$*spires :� -'.` " c As the Public Trustee insaid 1 .t un ness my ha-IAknA Official seal. a � s. '1ff�rrrr+rrf�i�r�>>,� To the •Public . Trustee in said Notary Public. County. of Weld County of 6th Public Trustee in the said • • (SEAL) Weld day of Please execute this release, the indebtedness secured by the above mentioned Deed of Trust having been partially paid and satisfied. John E. �et-Pe legal bolder ofetbe indebtedness secured by said Deed of Trust. -'a Sc• H p rn • o N q.uaum$ oa ao,j N °°°` 58'7 Form 84a1a-466? Rec. No.i...,,s.. - 15088 nn Spamerd Recirdec �►tu'rr 1 r �'fA, OCT 131967 Recorded __o/cfocit MM►MH TED i i O' CJ ri CO CO !I1 t --I N:I re 1 '41 Ts, vi 0 crt CD • • • • • • • �• • • i r. • THIS DEED, Made this l.lth day of October in the year of our Lord, one thousand nine hundred and sixty— s even between CULLEN HILDENBRANDT and ONIE M. HILDENBRANDT State of Colorado, of the first part, and _ PUBLIC SERVICE COMPANY OF COLORADO a corporation organized and existing under and by virtue of the laws of the State of Colorado, of the second part: WITNESSETH, That the said part i e S of the first part, for and in consideration of the sum of Eighteen Thousand Two Hundred ($18,200) -DOLLARS, to the said part ies of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said party of the second part, its successors and assigns forever, all the following described lot or parcel of land (hereinafter called the "Premises"), situate, lying and being in the County of Weld and State of Colorado, to -wit: The North 300 feet of the SW1 of section 7, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado; EXCEPT the right of way of the Union Pacific Railroad Company; and EXCEPT that portion thereof conveyed to the Department of Highways, State of Colorado by Special Warranty Deed recorded in Book 1490, Page 442, Weld County Records • 0 1-- fa TOGETHER with an and singular the hereditaments and appurtenances thereunto 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 said part ie S of the first part, either in law or equity, of, in and to the above bargained Premises, with the hereditaments and appurtenances. RESERVING, however, to the Grantor(s) as the owner (s) of land abutting the Premises, and to the Grantors successors in such ownership, the following: The right and privilege to use the Premises for agricultural use and operation- so long as such use does not interfere with any use of the Premises which the Grantee, its successors or assigns may, at. time or times desire to make, provided the Grantor(s) their heirs, executors, administrators ,,.and.:assigns relieve the Grantee, its successors or assigns from any and all liability in making such agricultural uselpf,the Premises. The Grantee, its successors and assigns shall not be liable for damage caused to property (growing_ .or otherwise) on the Premises. The Grantor(s) their heirs, executors, administrators and assigns shall ;at'no',tie have any right to erect or maintain any buildings or other structures, or to plant any trees, or to break any'. nattal sod on the Premises. "TO HAJE AND TO HOLD the said Premises above bargained and described, with the appurtenances, unto the said party of -;the canldapart, its successors and assigns forever. And the said part i e g of the first part, for them .sblviO , / enrs, executors, and administrators, do covenant, grant, bargain and agree to and with -the. said party of the second part, its successors and assigns, that at the time of the ensealing and delivery of ;th'ese t'presents, they arevell seized of the Premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha Ve good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever, except general real estate taxes for the year 1967, payable in 1968, and subsequent years and the above bargained Premises in the quiet and peaceable possession of the said party of the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part iesof the first part shall and will WARRANT AND FOREVER DEFEND. cc CQ Cg ref r-- 0 tin frai • teis U a f" ld.s Cs; .. 6 '°°` 58"Y 1508818 -z 0 • • • IN WITNESS WHEREOF, The said part ies s the day and year first above written. Signed, Sealed and Delivered in the Presence of of the first part ha ye caused this instrument to be executed STATE OF COLORADO, County of The foregoing instrument was acknowledged before me this ,,..19{,7,, by Cullen Hildenbrandt and Onie (zZIccn%gcv4/[SEAL] Cullen Hildenbrandt Onie M. Hildenbrandt • • .V NI SS my hand and official seal. •• • • Ilkkcamairidision expires > x>114Y:;t4. 1967 c bva1 • °F CG1. `i1 .•:••t► . - STATE OF COLORADO, County of The foregoing instrument was acknowledged before me this 19 , by [SEAL] lI th day of October M. Hildenbrandt arctistil.4-614,0404 WITNESS my hand and official seal. My commission expires STATE OF COLORADO, County of The foregoing instrument was acknowledged before me this 19 , by Ss. EAL] day of Notary Public. My notarial commission expires WITNESS my hand and official seal. cc co cto To. • • s O U • tit co day of as as Notary Public. President and Secretary of a corporation. • I hereby certify that this rl CvD 05 r-4 cD o� 13/4 EM e. b O 0 .t4 0 and is duly recorded in book • Notary Public. E S VIa et oatiaO E- O �W � w CS 0:1 42 e. luocz PEx o +3 ari •r4 •r4 PO CI •ri Q f 5001 Form 340-10-0667 601 Recorded at Rec. No. . °43o-ciock 0CT 161968 -1...NM.MI.MnNs/inavar n 1239 Ann ter, Recorder INDEXED to CO a r4 • • It THIS DEED, Made this 3rd day of September one thousand nine hundred and Sixty eight between J. BURTON TUTTLE in the year of our Lord, State of Colorado, of the first part, and PUBLIC SERVICE COMPANY OF COLORADO a corporation organized and existing under and by virtue of the laws of the State of Colorado, of the second part: WITNESSETH, That the said part y of the first part, for and in consideration of the sum of Fifty Thousand ($50,000) and other good and valuable considerftEs, to the said part y of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, ha S granted, bargained, sold and conveyed, and by these presents do es grant, bargain, sell, convey and confirm, unto the said party of the second part, its successors and assigns forever, all the following described lot or parcel of land (hereinafter called the "Premises"), situate, lying and being in the County of Weld and State of Colorado, to -wit: The North 300 feet of the SEA of Section 7, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado; EXCEPT a strip of land 200 feet wide on each side of the center line of the Union Pacific Railroad as reserved by the Union Pacific Railroad Company in Warranty Deed recorded in Book 445, Page 285, Weld County Records; and EXCEPT that portion thereof included within a strip of land 130 feet wide, extending 70 feet right and 60 feet left of the center line of the Platte Valley Canal, as conveyed to The Farmers Reservoir and Irrigation Company by Warranty Deed recorded in Book 559, Page 264, weld County Records; ALSO, the North 300 feet of the SEh of Section 8, Township 3 North Range 66 West of the 6th P.M., Weld County, Colorado TOGETHER with all and singular the hereditaments and appurtenances thereunto 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 said part y of the first part, either in law or equity, of, in and to the above bargained Premises, with the hereditaments and appurtenances. RESERVING, however, to the Grantor(s) as the owner(s) of land abutting the Premises, and to the Grantors successors in such ownership, the following: The right and privilege to use the Premises for agricultural use and operation so long as such use does not interfere with any use of the Premises which the Grantee, its successors or assigns may, at time or times desire to make, provided the Grantor(s) his heirs, executors, administrators .and -assign•s the Grantee, its successors or assigns from any and all liability in making such agricultural use of'the =Premises. The Grantee, its successors and assigns shall not be liable for damage caused to property (growing or ot►j.eawise) on the Premises. The Grantor(s) hi.s heirs, executors, administrators and assigns 3shali�at n6 Lithe aye any right to erect or maintain any buildings or other structures, or to plant any trees, or to :break any na'tural,sodeon the Premises. 1-1 TO HAVE .ENO HOLD the said Premises above bargained and described, with the appurtenances, unto the "::` said party of..the'bseiond part, its successors and assigns forever. And the said part y of the first part, for .seje f \ � heirs, executors, and administrators do e S covenant,bargain ' , ti 0: �, q' " grant, bargaiand agree to and with the, Said pant` of the second part, its successors and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the Premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha S good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other -grants; bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever, except general real estate taxes for the year 1968, payable in 1969, and subsequent years , and existing easements for utilities roads and ditches and mineral reservations heretofore made, 4 and the above bargained Premises in the quiet and peaceable possession of the said party of the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. Ct CO L 0 tar In vi 0 o. cn r-- ref CD 1522939 Boon 601 IN WITNESS WHEREOF, The said part y the day and year first above written. Signed, Sealed and Delivered in the Presence of of the first part has caused this instrument to be executed • • [SEAL] J. Burton Tuttle [SEAL] :STATE OF COLORADO, ss. .. County of Weld j The foregoing instrument was acknowledged before me this 19 6$ , by J,, Burton Tuttle mitio. �•�'' '' 41'a. rSs y hand -and official seal. .1 �1 C Yl jsslne Aires'‘(-: . �f^ it • ti ' • • �'• �B�� •'� r '. • . X • • . OF COI° is,STATE OF COLORADO, • .41S Olt OP10th" PM County of The foregoing instrument was acknowledged before me this 19 , by WITNESS my hand and official seal. My commission expires STATE OF COLORADO, County of The foregoing instrument was acknowledged before me this 19 , by 3rd day of September Notary Public. day of My notarial commission expires WITNESS my hand and official seal. 0) 0) N 1 z L.... tifltoru.T Ltt1e Y N A STATE OF COLORADO, 4a H .5 'Ti C) CD 0 b O) elk O 0 as as I it and is duly recorded in book day of ce p. Notary Public. President and Secretary of a corporation. • L Notary Public. P.O goovtop 01! aoct rWU CO rulg AnOn 4 gal r id 0 O 0 .ri 03 -9 'b •� Q r N Form 340-10-0664 Recorded a! ' corer:i lc Race No tosessysikktawort n Sportier, Records! V nsik '1$ trel tos r.04 te C O Y•1 THIS DEED, Made this • J 62,-3 'CO) dayof, one thousand nine hundred and Sixty-" e fight L between PETE OSTERMILLER and. MARGARET. OSTERMILLEP. in the year of our Lord, r State of Colorado, of the first part, and PUPLIC SERVICE COMPANY OF COLORADO a corporation organized and existing under and by virtue of the laws of the State of Colorado, of the second part: WITNESS TE, That the said part ies ' of the first part, for and in consideration of the sum .of. Seven Thousand Five Hundred ($7,500) DOLLARS, to the said part les of the first part in hand paid by the said party of the second part, the receipt whereof is herebyconfessed and acknowledged, ha ye granted, bargained, sold and conveyed, and by these presents do grant,bargain, sell,convey and confirm, unto the said party of the second part, its successors and assigns forever, all the following described lot or parcel of land (hereinafter called the "Premises"), situate, lying and being in the County of Weld and State of Colorado, to -wit: The East 300 feet and the North 300 feet of the SEA of Section 8, Township 3 North, Range 66 West of the 6th P.M., Weld' County, Colorado TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all. the estate, right,title, interest, claim and demand whatsoever of the said part .i e S of the first part, either in law or equity, of, in and to the above bargained Premises, with the hereditaments and appurtenances. RESERVING, however, to the Grantor(s) as the owner(s) of land abutting :the. Premises, and to the grantors successors in such ownership, the following: The right and privilege to use the Premises for .agricultural use and operation so long as such use does not interfere with any use of the Premises which the Grantee, its successors or .'as"1"." "toy at time or times desire to make, provided the Grantor(s) their, . heirs, executors, administrators ,10.M f + 'eve the Grantee, its successors or assigns from any and all liability in makingsuch agricultural ... gr�cultural /use of tla& i jses. The Grantee, its successors 'and assigns shall not ° be liable for damage caused to •. b property (a se) on, the Premises. The Grantor(S) their heirs, °:executors, administrators and .assigns shall .4$j hive any right to : erect or maintain any buildings or others structures, tt, ..... ,�g tz'uctures,. or to plant any trees, or to break any nlsod on the Premises. AND TO HOLD the said : Premises above .bargainedained and: described, with the appurtenances, unto the eart,' its successors- and assigns forever. the saidpart i e s of the first part, fox 'executors, and: administrators, do covenant, : grant, bargain and agree to and with ei said .party of the : second :part, its successors and Assigns, that .at the tune of the ' delivery of thesei eusealing and .xesezxte,th� +�.1"e .• p Y , wen. seized of the Premises above conveyed, as of good, sure, perfect, absolute and indefeasible' estate of inheritance, in law, in fee simple,: and have good right, fullpower and lawful authority to grant, bargain, sell and convey the same: in manner and; form as aforesaid, and, that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever, except ::general real estate gazes for the year' 1967, payable in 1968, and 'subsequent years, I and the above bargained Premises in the quiet and peaceable possession of the said party of the second part, its successors and assigns, against all and ever y person or persons lawfully claiming or to claim the whole or any part thereof, thesaid part ies of the first part shall and will WARRANT AND FOREVER DEFEND. 5 ion' mt:9757frgT7Fr. tv I 0 0 oa •o wolt 593 a. Zi 1 3 II 1515263 oras. IN WITNESS WHEREOF, The said part ies s of the first part ha v a caused this instrument to. be executed the day aid year first above written. Signed, Sealed and Delivered in the Presence of STATE OF COLORADO, Pete Os term. l ier [SEAL] [SEAL] iss. County of Weld 1d . The foregoing instrument was acknowledged before me this .5171 by Pete Ostermilier and Margaret Osterutiller red Ostermiller ,,.►'f►+4WSS my hand and official seal. .� ?.. •!/• ' `•' My co sstpn expires *\\/... [\ J. _ a flY . .'ss on Cpires- May 22, 1971 tP B r . -17". . se psi'.. S1.:a•••a ,Kit` STATE OF COLORADO, C,0 County of The foregoing instrument was acknowledged before me this 19 , by WITNESS my hand and official seat My commission expires ISEAL3 day .of %A ti A Rl. Notary Public, day of STATE OF COLORADO, County of The foregoing instrument was acknowledged before me, this 19 ,by • My notarial commission expires WITNESS my hand and official seal. c czx tei 'i STATE OF COLORADO caw day of as as Notary Public. President and Secretary of a corporation. ct 0 O. O _ate Wesit .1 0. 0 c) o 0 e4.4 zs H. 0 0 .0 0 0 Iz Notary Public. • ra 'fdOroo A03-4 Pte`°. a i4 a Q. t) .c•. a 1 0 14. Attn: David Kent Howard 03 O1 Q t'1 I BOOK O Form 34040-0661Ill Recorded af..._l.0 recta fl 4.._.M__. 2 4196.,..E INDEXFO 597ft [CAI 0 THIS DEED, Made this 10th day of July in the year of our Lord, one thousand nine hundred and sixty eight between MABEL E. BRATTAIN of Weld County, State of Colorado, of the first part, and . PUBLIC SERVICE COMPANY OF COLORADO a corporation organized and existing under and by virtue of the laws of the State of Colorado, of the second part: in the WITNESSETH, That the said party of the first part, for and consideration of sum of DOLLARS, Nine Thousand and No/100 ($9,000) to the hereby said part confessed y and of the acknowledged, first part ha S in hand paid granted, bargained, by the said sold party and of the second part, conveyed, and by these the receipt whereof presents do is es grant, bargain, sell, convey and confirm, unto the said party of the second part, its successors and assigns forever, called "Premises"), lying being all the following described lot or parcel of land (hereinafter the situate, and in the County of Weld and State of Colorado, to -wit: The North 300 feet of the Southwest one quarter (SW1) of Section 9, Township 3 North, Range 66 West of the 6th Principal Meridian. Subject to the existing County road and the right of way of the Platte Valley Ditch. • ,1 . •• •' 0 O%• W TOGETHER with all and singular the hereditaments and appurtenances thereunto 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 said part y of the first part, either in law or equity, of, in and to the above bargained Premises, with the hereditaments and appurtenances. RESERVING, however, to the Grantor(a as the owner(fl of land abutting the Premises, and to the Grantors to Q . G r0 neni successors in such ownership, the following: The right and privilege to use the Premises for agricultural use and operation so long as such use does not interfere with any use of the Premises which the Grantee, its successors or . at time or times desire to make, provided the Grantor(*) her heirs, executors, administrators oassips ,lfiay . anti •aM e'g is. felieve the Grantee, its successors or assigns from any and all liability in making such agricultural ` ':remises. The Grantee, its use, tl;b successors and assigns shall not be liable for damage caused to property of_ '' (gZ- w o3t1iarwise) on the Premises. The Grantor %) her heirs, executors, administrators and assigns shall tt no fide lave any right to erect or maintain any buildings or other structures, or to plant any trees, or to break ffayal sod on the Premises. TO:1AND TO HOLD the said Premises above bargained and described, with the appurtenances, unto the .paid ',he pa sett, y)of" the her second part, heirs, executors, its successors and assigns and administrators, forever. And the do es covenant, said part y bargain and of the first part, agree to and for , grant, with the the its said party of second part, successors and assigns, that at the time of the ensealing and delivery of these presents, she i S well seized of the Premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha s good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from former bargains, all and other grants, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever, except general real estate taxes for the current year and subsequent years and mineral reservations of record and the above bargained Premises in the quiet and peaceable possession of the said party of the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part 7 of the first part shall and will WARRANT AND FOREVER DEFEND. 9 -' o _3o v°°t 597 1519021 tit -'a. IN WITNESS WHEREOF, The said party the day and year first above written. Signed, Sealed and Delivered in the Presence of • of the first part ha s caused this instrument to be executed • • STATE OF COLORADO, County of Boulder The foregoing instrument was acknowledged before me this 1968,by by Mabel E. Brattain S. Mabel E. Brattain [SEAL] [SEAL] [SEAL] 0•a ‘kE Uil 1 e•.•''"•M'yr sion expires •r \OTA r �� . v . • + • - • o s' • ugL ••o • •4• • fr WI�TNESS my hand and official seal. ��,, f • V '. STATE OF COLORADO, County of The foregoing instrument was acknowledged before me this 19 , by WITNESS my hand and official seal. My commission expires STATE OF COLORADO, County of The foregoing instrument was acknowledged before me this 19 , by 10th day of July .S.ecsd Notary Public. day of My notarial commission expires WITNESS my hand and official seal. e'1 eq 0 Co; rat z • W W p •1 cts in wR a) at • t day of as as I hereby certify that this instrument was Cji ca 0 a •� a O 1 eris obi and is duly recorded in book 1 Notary Public. President and Secretary of a corporation. Notary Public. .2 S .S a � o gd CP 17,1 a,., � A g p4 a H rgie Fui Cd x O x o vr1 H b A A = 4) aseramieveur _ Form 340-10-0667 6(11 recorded at. j..Q &cloak_... 1527531 Rte, No FEB 141969 .Ann Spomer, Re;PrdMBEXED ten tt rafts LIN fed Nf N t tit rat m w Us • THIS DEED, Made this • 9th one thousand nine hundred and sixty-nine EDWARD DILL and RUTH F. DILL day. of January between in the year of our Lord, State of Colorado, of the first part, and PUBLIC SERVICE COMPANY OF COLORADO a corporation organized and existing under and by virtue of the laws of the State of Colorado,of the second part: WITNESSETH, That the said parties of the first part, for and in consideration of the sum of Twenty Seven Thousand Five Hundred ($27,500.00 ) to the said part ies of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, ha ire granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said party of the second part, its successors and assigns forever, all the following described lot or parcel of land (hereinafter called the "Premises"), situate, lying and being in the County of Weld and State of Colorado, to -wit: fleweelimp000e010MWOMPOMMIIMIPS0MmeOW DOLLARS, The North 300 feet and the East,.. 225 feet of the SE4 of Section 9, Township 3 North, Range 66 West, of the 6th Principal Meridian, Weld County, Colorado; EXCEPT those portions thereof included within a strip of land 130 feet wide, extending 70 feet to the right and 60 feet to the left of the centerline of the Platte Valley Canal, as conveyed to The Farmers Reservoir and Irrigation Company by Warranty Deed recorded in Book 359, Page 100, Weld County Records. TOGETHER with all and singular the hereditaments and appurtenances thereunto 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 said part ies of the first part, either in law or equity, of, in and to the above bargained Premises, with the hereditaments and appurtenances. RESERVING, however, to the Grantor(s) as the owner (s) of land abutting the Premises, and to the Grantors successors in such ownership, the following: The right and privilege to use the Premises for agricultural use and operation so long as such use does not interfere with any use of the Premises which the Grantee, its successors or assigns may at time or times desire to make, provided the Grantor(s) their heirs, executors, administrators andiaasigns _relieve the Grantee, its successors or assigns from any and all liability in making such agricultural use& 4 `tl g ' erriises. The Grantee, its successors and assigns shall not be liable for damage caused to property (growing ei otherwise) on the Premises. The Grantor(s) their heirs, executors, administrators and assigns 'shall ht enAe have any right to erect or maintain any buildings or other structures, or to plant any trees, or to .bleak any natual.sod on the Premises. - To .HAV I ANIII TO HOLD the said Premises above bargained and described, with the appurtenances, unto the v �a J a said pa ° f=tli_ - sec.ond part, its successors and assigns forever. And the said part ies of the first part, for .thegv.! s /ti r irs, executors, and administrators, do covenant, grant, bargain and agree to and with : -the d• arty of :the second part, its successors and assigns, that at the time of the ensealing and delivery of present8 hey are well seized of the Premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha Ve good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever, except general._real estate taxes for the year 1968 payable in 1969 and subsequent years, and existing easements. for utilities roads and ditches and mineral reservations heretofore made, and the above bargained Premises in the quiet and peaceable possession of the said party of the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any rt thereof, the said parties of the first part shall and will WARRANT AND FOREVER DEFEND. d 8124 oN co �� ' o co rnn 3 Edo co (Cm re: m CO O -C BOOK 6136 1527531 a . _ S. 41 x : • • IN WITNESS WHEREOF, The said part ies of the first part ha ve caused this instrument to be executed the day and year first above written. Signed, Sealed and Delivered in the Presence of r Edward Dill [SEAL] [SEAL] STATE OF COLORADO, ss. County of Weld .1 The foregoing instrument was acknowledged before me this 19 69,by by Edward Dill and Ruth F. Dill L F N iPI SS my hand and official seal. • C0nl�ni$si0n expires ..• y\k TA. 23 La: " �ssian expires May 22, 1971 �971 ol•4'•1 PUB 0‘,./() . . Q tri N rot l STATE OF COLORADO, County of The foregoing instrument was acknowledged before me this 19 , by WITNESS my hand and official seal. My commission expires STATE OF COLORADO, County of The foregoing instrument was acknowledged before me this 19 , by SS. 9th [SEAL] day of January ,SCarceirtZ- Notary Public. day of My notarial commission expires WITNESS my hand and official seal. C z Etarri3 .11..and. 9 4 • • V day of as 88 Notary Public. President and Secretary of a corporation. I hereby certify that this • a. filed for record in my office at rof cna co W L.L. and is duly recorded in book 03 Notary Public. .3 0 Vngit 44 o gss E U • Sird .r w W“:4o .� W alal eE r pa .a wct 58E Form 840-10.066? 1*_ kecorcled ate‘ o'clock Roc. No e M OCT 3 19b .. ........._.,Ann Spomer, Rec: rde[ r l O% of 0 LIN NI '— *, a O-• 0 0 0 • THIS DEED, Made this72 o2 one thousand nine hundred and sixty-seven day of between September ESTHER F. GAUMER and JOHN A. GAUMER in the year of our Lord, State of Colorado, of the first part, and PUBLIC SERVICE COMPANY OF COLORADO a corporation organized and existing under and by virtue of the laws of the State of Colorado, of the second part: WITNESSETH, That the said part i e S of the first part, for and in consideration of the sum of Ten Dollars ($10) and other good and valuable consideration wnn to the said part ies of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, ha ye granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said party of the second part, its successors and assigns forever, all the following described lot or parcel of land (hereinafter called the "Premises"), situate, lying and being in the County of Weld and State of Colorado, to -wit: cn The East 225 feet of the SEA of Section 21, Township 3 North, Range 66 West of the 6th P.M.. Weld County, Colorado, subject to any portion of the existing County road therein, Consideration $2, 231.50 :UN;TED STATES :INTERNAL REVEUUI=zi "DOCUMENTARY) rl � OCT - 3'61 ‘--a - METER "�sasoaoeaaea .10172 5, mumS _.._ soma ommemilm ....-dre TOGETHER with all and singular the hereditaments and appurtenances thereunto 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 said part i e s of the lint part, either in law or equity, of, in and to the above bargained Premises, with the hereditaments and appurtenances. RESERVING, however, to the Grantors) as the owner(s) of land abutting the Premises, and to the Grantors successors in such ownership, the following: The right and privilege to use the Premises for agricultural use and ,operation so long as such use does not interfere with any use of the Premises which the Grantee, its successors or assigns may at time or times desire to make, provided the Grantor(s) their heirs, executors, administrators and assigns relieve the Grantee, its successors or assigns from any and all liability in making such agricultural use of the'.'Premises. The Grantee, its successors and assigns shall not be liable for damage caused to pro perty (growing or-zthetwise) on the Premises. The Grantor(s) their heirs, executors, administrators and assigns Int,shall �a`E'no a 4:very right to erect or maintain any buildings or other structures, or to plant any trees, or to b ak n5a on the Premises. • 'O HOLD the said Premises above bargained and described, with the appurtenances, unto the •soid)i OPthe its successors and assigns forever. And the said part ies of the first part, for �'- fl �v • , e12s, executors, and administrators, do covenant, grant, bargain and agree to and with the •'s 'd a .•'the secondpart, its successors and assigns, .' • •••••• ' \ ` • ar that at the time of the ensealing and delivery of these preents,. they ell seized of the Premises above conveyed, as of good, sure, perfect, absolute and indefeasible testate of inheritance, in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are ficeeTand clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever, except general real estate taxes for the year 1967, payable in 1968, and subsequent years re any J and the above bargained Premises in the quiet and peaceable possession of the said party of the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. sopx ON $ueum3oQ ••:\ d it (' 2 N O 0 0 m 9oca 586 1508464 IN WITNESS WHEREOF, The said parties of the first pant have caused this instrument to be executed the day and year first above written. Signed, Sealed and Delivered in the Presence of a t s • STATE OF COLORADO, fu. [SEAL] Esther F. Gaumer [SEAL] isa. County of Weld J TImiformg2ing instrument was acknowledged before me this CIC/Fster F. Gaumer and John A. Gaumer 1 . 1, .WITNES? n' tusl and official seal. -7 0 :.: ! .!1 o P w . UB‘> w � . . C0 I Inv :- expires Qet /fog -a_ o at a/ STATE OF COLORADO, County of The foregoing instrument was acknowledged before me this 19 , by WITNESS my hand and official seal. My commission expires STATE OF COLORADO, County of The foregoing instrument was acknowledged before me this 19 , by Ss. [SEAL] day of September gkreitica,t4C- day of Notary Public. My notarial commission expires WITNESS my hand and official seal. J xo....150N464 SS. as as day of Notary Public. President and Secretary of a corporation. al rol w 9i and is duly recorded in book . .f t. • • • Notary Public. • I ;:A 727, C`1 `°'585 Form 840-10-0667 _ __y` �r AUG 3.QL�..u.�.O�trOCR....i_ ....M nn Spomer, ,corder CD clb tEN Tms DEED, Made this rowe one thousand nine hundred and s ixty-s even f ad day of August between LAURA A. SARCHET in the year of our Lord, State of Colorado, of the first part, and PUBLIC SERVICE COMPANY OF COLORADO a corporation organized and existing under and by virtue of the laws of the State of Colorado, of the second part: o , WITNESSETH, That the said part y of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable considerations, to the said part y of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, ha S granted, bargained, sold and conveyed, and by these presents do es grant, bargain, sell, convey and confirm, unto the said party of the second part, its successors and assigns forever, all the following described lot or parcel of land (hereinafter called the "Premises"), situate, lying and being in the County of Weld and State of Colorado, to -wit: The East 225 feet of the NE4 of Section 21, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado O M r AU630'67 PO METER :4464666660 .10172 :INTERNAL PEVEHUE "DOCUMENTARY 'nQT--z SD S. S • TOGETHER with all and singular the hereditaments and appurtenances thereunto 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 said part y of the first part, either in law or equity, of, in and to the above bargained Premises, with the hereditaments and appurtenances. RESERVING, however, to the Grantor(s) as the owner(s) of land abutting the Premises, and to the Grantors successors in such ownership, the following: The right and privilege to use the Premises for agricultural use and operation so long as such use does not interfere with any use of the Premises which the Grantee, its successors or assigns may at time or times desire to make, provided the Grantor(s) her heirs, executors, administrators and assigns relieve the Grantee, its successors or assigns from any and all liability in making such agricultural use ,of „the Premises. The Grantee, its successors and assigns shall not be liable for damage caused to property (growing-or•otherwise) on the Premises. The Grantor(s) her heirs, executors, administrators and assigns s yal• Lit in ikInthave any right to erect or maintain any buildings or other structures, or to plant any trees, or to • , ••''6realc ,n ntl sod on the Premises. '' J (tit AND TO HOLD the said Premises above bargained and described, with the appurtenances, unto the • F sail "Aro", of a tecond part, its successors and assigns forever. And the said part y of the first part, for V‘ �iy : 'heirs, executors, and administrators, do es covenant, grant, bargain and agree to and with e safd a `,f,• he secondpart, its successors and assigns, that at the time of ' :Os P gn , the ensealulg and delivery of the n e%ts1sbhe 1 S well seized of the Premises above conveyed, as of good, sure, perfect, absolute and e',indfeaAfb .e§fate of inheritance, in law, .1"",,, ,, %,, 111 fee simple, and hag good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever, except general real estate taxes for the year 1967, payable in 1968 and subsequent years, and the above bargained Premises in the quiet and peaceable possession of the said party of the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. � 585 tit • • . • . , • 000 *944 ire la La V de• • IN WITNESS WHEREOF, The said part y the day and year first above written. Signed, Sealed and Delivered in the Presence of of the first part ha S r - C . v C a _e STATE OF COLORADO, County of Weld } caused this instrument to be executed ataxite74-----[SEAL] Laura A. Sarchet [SEAL] [SEAL] ,11n1Pke4f foifig instrument was acknowledged before me this ura A. Sarchet and and official seal. t ibn5 expires a,.m to { STATE OF COLORADO, County of The foregoing instrument was acknowledged before me this 19 , by WITNESS my hand and official seal. My commission expires STATE OF COLORADO, County of The foregoing instrument was acknowledged before me this 19 , by 88. I. 88. My notarial commission expires WITNESS my hand and official seal. a; H cloy 3 r3� 88 as day of August c,ere-fa-a-acd day of day of Notary Public. Notary Public. President and Secretary of a corporation. w co • taiNsA .g .4 ca tba Cob Jai cel 41-4 ItH CO ettIVC .5 M 0 w CO 0) 0 0 0 0 .5 ersi 0 Oft Notary Public. • s soot 589 Form 840-10-0667 • /1 '`�� , DEC 111967 worded pt be. No Annowanbilleasirarlilinsmingl 1510 730 Simmer, Record 'VDEXrO ree I K K P iergi c..3 !Lk c. THIS DEED, Made this 6" day of one thousand nine hundred and Sixty-seven between EUNICE OSMUN off- - Inn in the year of our Lord, State of Colorado, of the first part, and PUBLIC. SERVICE COMPANY OF COLORADO a corporation organized and existing under and by virtue of the laws of the State of Colorado, of the second part: WITNESSETH, That the said part y of the first part, for and in consideration of the sum of One Thousand Five Hundred Sixty-six ($1,566.00) DOLLARS, to the said part y of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents do es grant, bargain, sell, convey and confirm, unto the said party of the second part, its successors and assigns forever, all the following described lot or parcel of land (hereinafter called the "Premises"), situate, lying and being in the County of Weld and State of Colorado, to -wit: The East 225 feet of the NE1 of Section 28, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado, Subject to the following: a I (1) That portion of the existing county road located on the above described premises; (2) the existing right of way for electrt� transmission and/or electric distribution lines across a strip 45 feet in width parallel and adjacent to the county road upon the east side of said land; and (3) the right of way for ditches or canals in place on the 16th day of June, 1937 and which were reser ved to G. W. Hammitt in that certain conveyancedatedJune 16, 1937, and recorded in Book 1085 at page 394 of the records of Weld County, Colorado E, R' � METER wiieaodaoael,O,40172 111 11 -{NiTED J It E w7 lN1ERti1+� P.iVEUJE DOCUMENTARY. CIENCIO so wais -�. TOGETHER with all and singular the hereditaments and appurtenances thereunto 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 said part y of the first part, either in law or equity, of, in and to the above bargained Premises, with the hereditaments and appurtenances. RESERVING, however, to the Grantor(s) as the owner(s) of land abutting the Premises, and to the Grantors successors in such ownership, the following: The right and privilege to use the Premises for agricultural use and operation so long as such use does not interfere with any use of the Premises which the Grantee, its successors or assigns may at time or times desire to make, provided the Grantor(s) her heirs, executors, administrators anti assigns relieve the Grantee, its successors or assigns from any and all liability in making such agricultural use of the Premises. The Grantee, its successors and assigns shall not be liable for damage caused to property (growing or otherwise) on the Premises. The Grantor(s) her heirs, executors, administrators and assigns shall at no time have any right to erect or maintgin any.: buii ings .or other structures, or to plant any trees, or to break any natural sod on the Premises. -;;,� .. , JL {+ . e ; TO HAVE AND TO HOLD the said rre ' vs. above bargained andMescribed, yith the appurtenances, unto the said party of the second part, its succeta and assigns foreter. And kilt said p & y of the first part, for her self , her heirs, executors, and atir trait� ors, do a s, ; cove t, grant, argain and agree to and with the said party of the second part, its succe' sJK "andorligna.;thst at- # e If the ensealing and delivery of these presents, she is well . seized `6fathe Pteiiiista above conveyed, as -of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha S good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other -grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever, except general real estate taxes for the year 19671 payable in 1968, and subsequent years, A and the above bargained Premises in the quiet and peaceable possession of the said party of the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. E C. d C. Cs?? 0 0 Q.. 1-4 6 sc 589 1510730 Z.. IN WIT14ESS WHEREOF, The said part y of the first part ha S caused this instrument to be executed the day and; year first above written. Signed, Sealed and Delivered in the Presence of f • .F' • CAL IFOaIJl4 . STATE OF County of mom ORANGE The foregoing instrument was acknowledged before me this 5th 19 67, by Eunice Osmun .. faCPnearl.We [SEAL] Eunice Osmun WITNESS my hand and official seal. My commission expires 6-1-71 STATE OF COLORADO, County of The foregoing instrument was acknowledged before me this 19 , by l s8. J Nunn M. BY VC* maw Public Meta otCalor* p,iadpul omn it on. c_s WITNESS my hand and official seal. My commission expires STATE OF COLORADO, County of The foregoing instrument was acknowledged before me this 19 ,by 4 day of December day of .0671, [SEAL] [SEAL] Notary Public. My notarial commission expires WITNESS my hand and official seal. t Vor ai g 11tAA CPs w • i • fir/' 4a Tmmi 1.41 ce Ds � 1O 0 w , re O a) tiq O as as and is duly recorded in book day of to a ti Notary Public. President and Secretary of a corporation. Notary Public. S CJ p Do g >k Z C 44 M goob H U a °64 4POU g0 L r. W Vfis cdmikri pq N • %oo* 585 Form 340-10-0667 Recorded at o'clock _ SEP51 961 074 Rec. Ne....�..�._ 15 .:,,•-•....,,,.... ......Ann 5 mer Recorder Po niktiata UN I 49 69 THIS DEED, Made this 30TH day of 02 July AUGUST in the year of our Lord, one thousand nine hundred and Sixty-seven between DAVID H. SARCHET and JOYCE E. SARCHET State of Colorado, of the first part, and PUBLIC SERVICE COMPANY OF COLORADO a corporation organized and existing under and by virtue of the laws of the State of Colorado, of the second part: WITNESSETH, That the said part ieS of the first part, for and in consideration of the sum of Ten Dollars ($10) and other good and valuable considerations 46=RX to the said part I e s of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, ha ye granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said party of the second part, its successors and assigns forever, all the following described lot or parcel of land (hereinafter called the "Premises"), situate, lying and being in the County of Weld and State of Colorado, to -wit: The East 225 feet of the SEA of Section 28, and the East 225 feet of the NE14 of Section 33, all in Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado; EXCEPT those portionsthereofincluded within a strip of land sixty feet wide conveyed to The Farmers Reservoir and Irrigation Company by Warranty Deed recorded in Book 383, Page 382, Weld County Records, subject to any portion of the County roads therein. N— O 0 IJ LiN; CD STATES _-_ :INTERNAL F.EVE!NUE _D0CUMENTARY- GO ..oase � w F3era .�4 TOGETHER with all and singular the hereditaments and appurtenances thereunto 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 said part ies of the first part, either in law or equity, of, in and to the above bargained Premises, with the hereditaments and appurtenances. RESERVING, however, to the Grantor(s) as the owner (s) of land abutting the Premises, and to the Grantors successors in such ownership, the following: The right and privilege to use the Premises for agricultural use and operation so long as such use does not interfere with any use of the Premises which the Grantee, its successors or assigns may at time or times desire to make, provided the Grantor(s) their heirs, executors, administrators and assigns relieve the Grantee, its successors or assigns from any and all liability in making such agricultural ,t�..,, uwof .the Premises. The Grantee, its successors and assigns shall not be liable for damage caused to property _ ` l (growjig•en4the ise) on the Premises. The Grantor(s) their heirs, executors, administrators and assigns shall' atrnatim"have any right to erect or maintain any buildings or other structures, or to plant any trees, or to Slink ah�� .eityr'ral �od� on the Premises. ^ Teill*V AN)) TO HOLD the said Premises above bargained and described, with the appurtenances, unto the sa�d�p r• q)egond part, its successors and asaigns.;forever. And the said part i e s of the first part, for s • :is:Ws, executors, and administrators, do covenant, grant, bargain and agree . „ . g gr to and with -thee .> he second part, its successors and assigns, gns, that at the time of the ensealing and delivery of , gel ,they aregell seized of the Premises above conveyed, as of good, sure, perfect, absolute and indefeasible le'state of inheritance, in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or ,nature soever, except general real estate taxes for the year 1967 payable in 1968, and subsequent years and the above bargained Premises in the quiet and peaceable possession of the said party of the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. P p' 8 z 0 was a5,74 y./ r 8°CIt 585 1507451 as IN WITNESS WHEREOF, The said part ies S the day and year first, above written. Signed; Sealed and Delivered in the Presence of of the first part have caused this instrument to be executed • STATE OF COLORADO, County of Weld 4 �o G_. A r ` S� l �' • wlow, : "� a �'Z `" L`��[SEAL] David H. Sarchet [SEAL] The foregoing instrument was acknowledged before me this 19r""o+•,:, David H. Sarchet and • r.. 11 19 h`apd and official seal. •• corn i siort expires pv8V STATE OF COLORADO, County of The foregoing instrument was acknowledged before me this ce E. Sarchet So' day of July Joyce E. Sarchet , by WITNESS my hand and official seal. My commission expires STATE OF COLORADO, County of The foregoing instrument was acknowledged before me this 19 , by [SEAL] ter-aftecd day of Notary Public. My notarial commission expires WITNESS my hand and official seal. • ing it) gem V J H DENVER, COLORADO } SS. as as day of Notary Public. President and Secretary of a corporation. C) rei cis ce a> 1ti C, 4 o W a .5 M b O DA w rci C) O to C) and is duty recorded in book ge) a j Notary Public. FORT ST. VRA i N GENERAT i NG FAC i L i TY COMBUST i ON UN i TS 7 AND 8 Legend O Fort St. Vrain Generating Facility Proposed Fort St. Vrain Area for New Combustion Turbine Engines (CT units 7 & 8) Subject Parcel Boundary Boundary (COOT 2021, DOLA 2021, Weld County 2022) Municipal Transportation (CDOT 2021, BTS 2020) Local Road Existing Electric Infrastructure (HIFLD 2021) 69kV Transmission Line 230kV Transmission Line Significant Environmentally Sensitive Factors* (NWI 2020, NHD 2020, NLCD 2019, CSU 2020) Perennial Stream - - - - - - - Intermittent Stream • NWI Wetland Forested Area Swamp/Marsh Critical Wildlife Habitats (Tetra Tech Field Survey, 2024) 0 iii Bald Eagle Nest (0.5mi Buffer) Ute Ladies Tresses & Prebles Meadow Jumping Mouse Suitable Habitat Burrowing Owl Suitable Habitat NAIP Imagery 2023 *No groundwater discharge areas, geologic hazards, or geologic areas of importance near proposed work area subject to 1041 permit application e 0 PRELIMINARY, SUBJECT TO CHANGE The information contained herein is believed to be accurate and suitable for limited internal uses only. Xcel Energy/Public Service Company of Colorado makes no warranty as to the accuracy or suitability of any information contained herein for use by third parties. The accuracy of this map and the information depicted should be verified prior to use. The user shall assume all risk and responsibility for any and all damages, including consequential damages, which may arise from the user's reliance on this information. 1,000 Feet 2,000 Revised: 1/17/2025 I NOT FOR CONSTRUCTION Path: Z:11163_0111 _Ft_St_Vrain_SubstationlLayouts\MAPXIPermitting\FSV_1041 _EnvSensitiveFactors.aprx Significant Environmentally Sensitive Factors FORT ST. VRAIN GENERATING STATION COMBUSTION UNITS 7 AND 8 Legend 0 Fort St. Vrain Generating Station d Project Area Subject Parcel Boundary Transportation (CDOT 2021) Interstate U.S. Highway State Highway Railroad Boundary (DOLA 2021,Weld County 2022) County State Existing Oil and Natural Gas Facilities (EPA PPNC 2025, Ventyx 2021, Weld County WOGLA 2025) Existing Gas Power Plants Natural Gas Processing Plants O Weld Oil and Gas Location Assessments e PRELIMINARY, SUBJECT TO CHANGE The information contained herein is believed to be accurate and suitable for limited internal uses only. Xcel Energy/Public Service Company of Colorado makes no warranty as to the accuracy or suitability of any information contained herein for use by third parties. The accuracy of this map and the information depicted should be verified prior to use. The user shall assume all risk and responsibility for any and all damages, including consequential damages, which may arise from the user's reliance on this information. 0 5 10 Miles COUNTY LARIMER COUNTY ort Collins • Greeley WELD COUNTY MORGAN COUNTY COLORA CLEAR CREEK COUNTY PARK COUNTY OGt Denver ARAPAHOE COUNTY DOUGLAS COUNTY ELBERT COUNT`'i ding' AN NTY WASHINGTON COUNTY LINCOLN COUNTY Revised: 2/5/2025 I NOT FOR CONSTRUCTION Path: Z:11163_0111_Ft_St_Vrain_Substation\Layouts\MAPX\Permitting\FSV_1041_Layouts.aprx Existing Oil & Natural Gas Facilities - Weld County -sei, CD %o 0' gri Ni .101 0 z. IY toot 588 7\v, (C-3) /^ f \`G 5 II ) ) `. • J�`' (, .THIS DEED, <\\C \) year N> ^ v/ Ode \NN of our L one /), < I(� r n-- .r reeccrded h1`� >�// 15096 ( � /O)' WARRANTY DEED Sv ) �,, .L,\ 1 tgli (C)) (��)) I')l this ' da rof November, 1 6'7', in the ((314N A '\'-> <\\/) thousand ,fir ,rie hundred andrip ty-seven betwe�* es,,% o o l or a d and existing 1480 WELT � ID�'C� , a corp ��i n duly g n� 9'� under by virtue o f 4, laws of the s,` a of Colorado r\ the fire part, and PUB SERVICE COMP >OF COLORADO, a;4 erporation (CJ (C) c fly organised and/' existing under `\mid by virtue o ►e laws of (\/> / 'J)/ I l 7\ / k ro,' the State of(Colorado, , of the(, econd part: n (;:>\-e' / /J`� / v> \1 (. (C, , n WI SSETH, That th „arty of the firt2part, for and, consid atton of the spa-` of One Hundred K*nd No/100 Dolla ,) ,1 i �,1 Al �1 S1 {;00 , a0) and othe -`:;food and valuabl-': consideration ,t the • said \I } I `Jl > _(1. (ci iCS�V (,�'�^V • c/7 -/,>.__/ C 4 )Y/ f )� �/ >party of the first part, in hand;yvpa2id by the saidyyNparty of the . /-> \,.../ ,/,./ V f---0'1 j second pa.rt4�`.,e receipt whe, f is hereby co/ssed and acknow </ ./ /� '\ r >/ \> . } edged, 1$\>granted, barge ied , sold and c9. eyed , and by tY?.\ \ , ,r-- presnt's does grant, bargain, sell, co.�nvy and confirm ,unto the _t �t �.ce\ \ \ \. 77) \l J `/ / ? Olia party of the and •part, its ecessors and as( gns for- \ / •.,, ;> 'ever ," all the ; /lowing describ crib v \ / .NV and being R5the County of AZ., and State o;"alorado, tow-'wi t part of the Nc `a:least Quarter <(1 -/section 34, wnship 4 North,``Wtinge 67 West ofe 6th P.M., lying East of the UNION PACIFIC, RAILROAD right off'\. way, EXCEPTItc1G 'HEREFROM the Soil east Quarter, k the said Nr�n}s east Quarter • � %�= �) (c'r The sou \past Quarter of,-. detion 34, ToWn4 tp 4 North - tinge 67 West of a 6th P.M., 44flPT that s z. of the said k tiheast Quarter, ' the South - Pox' eaQuarter lying $*th of the Plat `/River as ,`, s d river ran ov�,-'and across sal,.}.`.and on August \�-> 1918. <46 L /o The Sout iwesp }`ouarter of the ` thwest Quarter(FWf- Section .35 ,ecitswnship 4 North,;;} Range 67 West dl) the 6th <`\ j) '\Y '\. P.M• i'9) Plet/ tracts of • land((ssituate," lying ;Q)�> \`\ Ne <7>N? VS 1967 K■s!.ttrtrtttttvrrvrf • ►S N/ .> Ann Spomerj Recordet 1 -- A s ,-�11/4 1 74 IL • ir a soot • / <. r 58S� I / \ 7-7N."j (\•i \C `'� r \ *"west west Half of West Half of;; - ction 2, \ (CSC ' j'i Township 3 Nort), \ Range 67 Westf\of' the 6th P.M. J' ,(S> The East Ha.,,. S f Section 3, 10ffiship 3 North,..,, , Range 67 Wes' of the 6th P.:% i ( ;``/'; \ •i The NoHalf of the s e rt? t \hwest Quarter:7'd \d all of ." Northwest Quark lying South q$'>the North rBan --\\off' the St. Vra Skiver in Sect.44\v3, 't 3, Town- ., 7W7I P.M. 3 North, Range`67 West of the \.J l 0J 50 9 6 cis 1 / tC, /I (r.:O "\\/ \ / cfn ,A' The Southeast Qkarter of SectionclOt Township 3;sy \North, Range.V7> $7 West of the 6 ;r; P.M. /\\4, l �\ \/, \ �// \� rr\ \\/• Ji Cam'/ \�/ ..The ' West H,`f of the Northeast Quarter and,`,ie `/ West Halt,5of Section 11, Ownship 3 Nort °/�� ange \, 67 west(, ` the 6th P.M�\rr�>�' c \C7 <;\cs. C \ - TOq 3ER with all w$%t, ditch, lat041, canal and 3t> ,---- r$ ervoir rights , `WS'ter filings, , mnes , pipe line4; chi ) ns , and rights way therefor, `'nd springs and � , we\ 1s , owned a used in conneton with or in;4417- --‘ hy-- -- > wise a urtena t to the above ascribed lands(, :ter () any of them Including, but tgdt limited to, litne shares of the stock of theBeeman Irrigatig Ditch and N•1.i Company re \'Sented by Cer \cite No. 207); / /98ths intere/$;,, (min the Hewes ) Cook Djrtc said interest </b in a part of \tt.ority No. 1340g the date of MS 6, 1866, for 04).45 cubic r - a ,r -A r* t per second o<t ime and priori\ " No. 23 as of ,� Aagu s t ,. 10 , 1871,s,\\far 71..11 cubic Feet per secon ` . -• `of time in Wat District No. /.t�from the South,; (T)�- Platte River c\tit e`�and ownershi -' ;7.J V;` 1 . right, _1 p �`��•- and to the L* Thomas Ditch \and the water de±eed 1 thereto GR sed in connecean therewith d ' ,Jv`^eed < \ti:\\c ':N\ for 18 .F s feet per �s 'nd of time; ar4. ±fights owned4 / water from W \keern Mutual Ditc> Company and r'ii.\ e right to carte water therein,;�;;and any and aIX' fights of way .c 'easements, appt#tenant to or u*fld in connectio )With said land ,and waters use d\ thereon. s"1 SUBJECT TO nervations in U (,ed States pat )r/t \Y: '\; ( t s railroad 4ee''s , public roa. •Y and any and a/`•~ rights % % / of way o\asements now e*iS ting over ang*ross the above deribed lands ornny of them • siISjec t to any miner,,, reservations 4'C -record. ( \\ I \ .J i (J ns </vZ) />:,\> -`; `` pro s now row ♦ u on said real `estate am; ETHER with a 1 � �� p g �,�~' p �,�> :\‘->) \, and ailand singular ate hereditament•\, and appurtenants there-• Cy, \\✓ ( \I • , • ' \\(' Cy` \ u belonging, otFrIn anywise appe, , wining , and th��?; teversion and/ NJ: • y.4'\,> k. </ X \ \, \I \ l /-\ \ N/• /6:55\4/ ‘;1 /C/3',\ cC \ ! ( \\./ :\\J I i 1 • 8Oa • �t, for itselfits A grant, barga, : V and agree %r tot`sand with the s i i party of the\second part, iced% successors (Rand assigns, .1 *t at the time(, /.> • • / /7• N/ r\ ` / `l L:i these prea as- of g , { ^_`�' the enseali14 d delivery *? \ ^` `\ " C it is well ,'' ized of the p 4mises above cp *eyed, ,>\ , / <`. cam/' sure, perfe, absolute an&indefeas ib1e e'ate of 7 1 xnh .lance , in lawfee s imple �r`/ d has good r/ t, full {\c ;, `' ) fir\v� / {��ti;, fit `� / 1 -� ( O tC..' tC.�' f�j'1 lyer and laWfui�\\ uthority to g�`4nt, bargain, s, and convey < \ r s%,--,./ c -' r `r te: /' \ ; / /\.\\ CC\\\ iJ '`` \� 5� r\ \ < ,\ -s? 'the' same iri$tther�'\' and form t ,-'" ; aresal.d , and, the same arL': �. \�' ,'i>�> 'i i �i` l i>\\.j /;\.; i>"'.l' w)" free - and c I!ar from all f�'�r and other t'g 1ants , bargain \, sales , -�I < `�.� 2 ' < -�� \ V-/ <\ \/ liens, A taxes , as ses sment-s and encumbrances of whatever -find or 6 �� \ r \ • nat::fie soever, subie t, however, t!any lien arise - by virtue - ,• \/\\\fi 7 ,'V of • / ?\�/ \�> 588 'cis-Ny r., (() K\O) <,'2v • I \_ i509Go5 < Q � ti 47 I We) S•„._2 C. •..N/'> i I. rever n .ons, remainder \and remainders L,\ rents, issues and profits they±bf : and all tlierestate, rightMit1e , interns claim and (59 mand ihatsoey of the said„ rty of the f ,fit part, eithW' '• � • in law or e tty, -of, in an \ o the above \ ?gained premi -e :AA{o} with the<;ereditaments appurtenance" > ;\,>) \\ r • PTO HAVE AND TO/ : OLD the - said p mises above ba: gained and ,<)) �ibed, (' I ' With ih \appurtenances*Ito PUBLIC SER 'CE COMPANY \ r COLORADO, the/said party of:;,` ie second party its successor<:r' /V `J> and i tar_ ever. . a /; ass gn�\ (Y A‘jthe said party\of the; first succsstors and assigthal, does covenant? (\CJ,) C3) /> \ . r r>N/' r -a `I (NEV ccs) CE('' said lands of\any of them 1:!..l; gincluded wi ,i/n the boundarri2 ) ,--,,, , \ (f& Northern c i orado Water Cps ervancy Dist t and Platte ,^ 1 l ey , Soil cons rvation Distric ) The Platteville Fire Protects n Oise �� / l (\J trict;�\and Little Thoipson Valley Wattr/District; anc except the;\ } en of 1967 ral / areal est 0! taxes pa abl.e/Sin 1968 and \/ ., \i \, \Vi • -the above .barga$\• NY \ `,/ Y N.. /-. �„ r �l?` % /e,7`,/ i Gj\\i\ d premises irk; the quiet and �cc-) ��>\ /, ^ \ \S> I\• , ceable possession C'•,.\;. /N\/ e 'I r> <\�\ i 1 <I' • N O01 V 58 , / \•\: ( CC) • /\ "7;) y -se- (.,; G <`y) KS-)) 1509600y .<"\/•.. \ \.\ /',j^> \) of the^,said party of the second partNe,, 4\.s successors •� assigns, aga*liet- all and even) person or pe (ins lawfully c 41 fning or to KS'aim the whole any part they\. A, the said pa ey of the first`;\ � CI ' ' "• part shall a'r; ''wil >WARRANT 4 � IN fltESS WHEREOF 9<^\;. ) .\/ hereub set its hand ,1d \ < written, (';\' + • • lb \ ` S ecretary STATE op COLORADO / CITY AND } I 0 t` a O 0J� (\cam ,C; OF DENVER DEFEND. /p , J `�> 7.\\\ " � `vN i , v .,/,/\ \. "� < (-(--N> v- I ` I . e said party ",Mi ' the first pa NA.a.s \�)l ,, v N. seal the da�nd year first��ove ( , P,S) (c ) \�-J \•--/ 0 WE LION SA\ S , \N. ,• \` ar.w• $:; Ve re Pre si Let \ `N,' - ' The forego tt; ' instrument w Yacknowledged • /N111 _se /6> ≥,f 30th day o -� October 1967. r Pre s .it. and W. �_ \\> tOwe �. �. t • 41•6\.‘" 4: • I. • • of 1480 c\Welton, Inc. > ( � `2141•ITNES S my hair 1 My commissear expires • (1‘. iii\i> .-t.; • •• e�• 'i ce/' <44 ilk 'N `• r'.. ,3. ' :' 'r,{7 \ •7-' 1. . : N . (N ., 'A : - • -. t - ),01,4446,;;: 4 • •<\\) ) [[ :S:PI ['C';,, rr rb - %;�;'f '' cy ti`'` . •••, . •.• • •, I A • •_. \� v' ( \ \ \„S \.J o`\ \, 4 --1---and official \. /7 5, 1969 N -' '- V id./\v i> • ore me this' j\\>`,: )) Person_,_, <' g I'• I Sire to ct)) 1 A A.\ \ .�` v `,• ` Ci) \ C' () /\i)lam \ Vi `1 Notary Public < ` • •. % i- u • / \Y1 i4 O'VED FOR EXECUTION L?L $YANS, KELLY & STANS.P�b l ATTORNEYS :/\(`�.,) /\ ' 8Y �.1 / \ , t , M ye r--ee trai • Jou a1 / �. - 1 / Q ) .1 D EC: -2. 7 , c, ! IZ' \`�' 'Recorded at4M �1. ` / V l ock.... ...M ., i. f� ea.* SAY M.�Y Set /lt,%N`y; (c� " ;'`' ((Th) ,....4 \ • • I. 5$tL.±m..._)OM (7--. —Records stc:o_ - Reception NoI . ...., .._..I..„ w. i �ecorde Jr`� i /-�` �. •:^�_,�j - rte_\. ( . - ( 7. �D \o • •\. s, \ 4• y, , S. DEED, Made this _7 ^�'/' l.3 th day of ,ceriber -#lie year of our Lord one/ fit' usand nine hundred and ' )Xty-- f iv e - 6666 / � < � . - ' ? .1>N1 between ,.,`J/ C..`3) LEO L .cs- EABO and MARY i /LEABC'• • 1 \ •••• ♦ - • ' • N • \ '•% \` J (—`—y.%. > rder's Stamp Nashfille, . Tennessee .. /_'1� o i e) � <ci <c/ \ i. of the first\p and PUBLIC' SE7VDCE COMPANY OF \ 4 c_ ) \ t . '..,.. ` J ' ' • COLORPi)Q= �} a eoi4p*'ta'tion (✓) ,I. s'• 4:: `� organised -and existing under andc,by- virtue of the laws of he`,State of \✓ • ' ' ; :olOr'3do �� , of the seconc"(„ • :. . O 'c�P11�, ESSE`ni, That the (la part ].e sof the first a ; vier and in consideration �'W.f he sui, of 3� e Dollar and , her good and v , fable cons ides. ins - 4 ` ' , lie:.., ' % \to the said part ies tie. ;f the first part in hand/010y the said pang of the c ind part, the-:eceipt t C\ ' (-, v e , -\ 1 '-Z •, . r. . - `-,y is .hereby confessed a tSA nowledged, ha ye rye ed, released, sold, cony y /' and QITIT CLAIMER,,-, _;r. - these presents do c s•remise, release, sell, cod and QUIT CLAIM untcr th said party- of the' second <p•45L :its ►!�a k. {\' ) • • .nc .uding. al,.l ± ight, title ate `- ii terest of g th.ors. in and' t -o s;;\,�-/ .-, successors and assess forever, all the right, tits, interest, claim and demand which the said partlelf-r°' i the first part haV e1,. ..in and to the following /described property LA, situate, 3yin `a d being in the ",? 1 County of` �' Weld Colorado, Wit; ( e, (l_) 1i .v/ < and State of (C)) 11) I' " / r r Section 3, -_S44E1/4. Section 4; ( � /at portion oz ;S, a and I; \ ,{ }��-'j�7��<i\;\./‘ \\ \\ \ Section 9 �} /`- ' \ j�� i� T{ �.•(,N,\2 •(, N /\y�'�� Pacific "�j'+ - . /`�. \ �'\' , , , ✓ NE -4- and �7f -`�I"!,, Section 1y i. - east of the V nS \Vr ri i i a L i .L i '.V/ iiroad : right -way; and NWT and /N1 SW1 Section IO all in .. ;: , , Y NTownship 3. North'; Range 67 Wes t of the 6th Print al ✓ _ �� L A -' ' <42 \ ,� ` • —1 NI >`\\, r \ \ 7%\i `.,/ -*' % Signed, Sealed and ae ered in the Presence of \ r V t. .ir rat:v4i f1 'i'o'uoLD't'ne same, ieether with all and singuia the appurtenances and priiiSges thereunto beIon or.zh anywise thereunto a rig ; title, interest and clainv_,, ` i,i Wig, r ., � PP _�:rl��.�ing, and all the estate, atsaever, of the said part ies of the first part, eithe - law or equity, to the onli roper use, benefit and behao) of the said party of then“ ond part, its successors ad/$ssigns forever. -'- ' /'s'` '• a deal the day aril year'' fit above written. i's(C) ',• < —\� �lV C2 L_ 0 laaitee ,.r:itd,4 • `/ 2/•„\ / STATE OF MI=4M Te nrie s se County 4g / .�< N- ) `, /it) \••? , �'\i /N;•• KN‘NS The foregoing instxuhV'was acknowledged beforg we this 1 ,1• ( Q/ I• 4il- all oil, gaS5�and other mine<t` .• ♦s in and undet:; Said land and, {a- ;; t , ` :r ' right, ti,:le and interest,/,of grantors aris/ang by virtue of,',the reservat4 m n contained in' ineral deed ex isted by grantortt.o., Ceorge,",» VC smera. andl4et'a M. vosorera dged -January 2, r_005, recorded in Book . l4Q.8/?age 349, weld `aunty. Records. 'Ct.. / DOVUME1'1&11IL • • . tr an:o S'T.1T7tS 1NTtItkusilur t'E IIMLIARS eir%�•,,:. 66.66 t 4`1'!•lni*StiT S S;C3(i��tNAL 1 t%tt: 1 ��V i: a)fl1��I�t ( • , \~ ..r \ • ' \:\\/ /`�\` \; \ ,'`, \< <rl, A C 1 /-.' NT / n, , \: `:/ • 1 r " 1) -NI ITNESS WHEREOF/SO to said parties of the, t part ha Ve hereunto Slieir hand s Csa { < <• tjic> . „ `../ ) .\ / • N,�S>~ I.\<;/ / /•)N' dad) of December `' • rr<� r/.``'' ;,t c) A. D.19 65by* LemL'. Leabo and ; rr L. LeaboAS /•\,\> ', 9 My commission a °pares I� -S, 39 N.*/ Witness my hand 41 Ord 25, 'y Commission .. a 1 C\ AL] [SEAL] [SEAL] and official seal. C ion c _, r r.+•�.t*i • 444.44.* • • • ' • l r_yr jp°11,4',.‘';.(:::: • • C r. w (/ ) \ here insert name or } es ; U by person acting in re \entative or official capacitk ) attorney -in -fact, then ins 'tame of person as executor,; t�ey-ia•fact or other capac\ jor description; if by o1LicAr: Tt <,•-s �`-1 poration then Insert na.qq��ee`'��c "such officer or officers, as R&o'presldent or other officers o uch corporation, naming it.1-11,.. . </n�;• `� Acknowledgment, Bessie •41727. <N') - •. </ •5\ n $ ' '/ , v' n `, \ '/ , C'` -�` \�� `�`i,'`Y •t: ' No. 522. QUIT CI�AI*' )EED TO CORPORATION. --Robinson Printing Company: 41.24-46 Stout Street, Denver. Colo &. N"• /7/, >�? *It by natural persona Sr sersona / • • • , • ' } ./1 4 43LJi37 B 1 ' " EEC 02380337 ©'x`128/94 13:08 ' 5 MARY ANN FEU s E icy CLERK & R M1, L DEED KNOW AN BY THESE PRES: JI Q79 10 . 0O 1/002 y� DER WELD CO, C f<& - S Acliat FUEL RESOURCESEVELOPMENT CO., a arado corporation with ipal offices at 1‘7th Street, Suite 2100 Denver, Colorado 80202, ein "Grantor", for and i nsideration of thm of Ten Dollars ($10 and other good and v e consideration, the r and sufficiency hick are hereby acknc geed, has anted. bar a • g � ,gr , sold, conveyed, tar ed, assigned and C elivered, and by these eats does hereby gran ,�;. `gain, sell, convey, tr , assign and deliver unto PUBLIC SER, OMFANY OF COL 0, a Colorado corpo with principal offices at 1225 17th Street a 1900, Denver, Colo 80202, herein "Grant 1 of Grantor's right, ti and interest in an&t all of the oil, gas and r minerals in and unde that may be produced the following4ibed lands situated in County, State of Coln , to wit: T_ownshit� 3 North. R A An undivided one - Section 11: 4 i@g �5 1e.67West1thP,M. \' urth mineral interest in: , except a 5.865 acre s c�dcribed in that certain @Book 644, Reception nu of Weld County, Co An `Sided one-half mineral est in: S 4 3: S/2SW/4 ma 4: SEl4SE/4 ' ection 9: Section 10: %© containing 453acres, more or less, to r with the right of ingr d egress at all times purpose of o ng and developing sai .s for oil, gas and oth erals, and marketing �' e therefrom, , the right to remove said lands all of Grantef property and improve , and Grantor relees and relinquishes u to rantee all of Grantors fights of dower and homes ead. f land more fully ral Deed recorded in 1566357, in the Recoita NE/4 = t of the Union Pacifi (18.0.. „&) cJ N/ i4, Ei2NE/4 i road right-of-way ©-Y A A full mineral est (8/8ths) in: o Section 29: ©a"L206 acre tract in the r .' /4NW/4 more fully deabed in that certain Deed did on or about April 21, W9, recorded in Book P, Page 298, in the Reof Weld County, Colora%,© . eS his sale and convey. - • : e made subject to any g under any valid and sting oil and gas lease u erstood that Grantees wave receive and enj hich may accrue uude 1 erms of such lease or from and after the dat eof, precisely as if Gr is herein conveyed an the owner of the i Grant aloes no warranty of and to the is and rights herein c Sp HAVE AND TO H all rights of any less es of record heretofo bonuses, rents, royal insofar as they cover had been at the date o essor therein. d, either express or i Yale the above described ther-� .; belonging, unto Gran its successors and assi 4 : ° orever. IN WITNESS W OF, Grantor has caul ese presents to be exe.. • and its corporate day •Afehtiee \® assigns now xecuted, it being @5 and other benefits ove described land, icNc? tion of any such leaser as to the tide of Graz ' in to be affixed hereto ATTESt cr6� Assis . ecretay <© }3� is and rights, and all urtenances FUEL RES QU t DEVELOPMENT C By: . Donal ..• Peterson Vic- W esident and General M ;)ger a 1 u � B EEC 02380337 ©227 MARY ANN FEU � STATE OF ��ARADQ e7) CITY CITX A&thJwn' OF DENVER' 4-s /-4 @ <s @ D c) @ © 28/�13:08 0.00 2/002 r ER WELD CO r CO zIN CLERK & RE t ce e foregoing instrume as acknowledged before iils. / = day of y Donald. L. • Peters ice 'President and Ge Manager, and Kate etary. of Fuel Resources ' tvelopment Co., a Color corporation. V WITNESS m,.F. d and official seal. % , • rMy i 6}Y' fission es: ..' -IVO`� (99� . S. • �:••..1..•. r . • •P• •` 1/4 '• r.•'•'¶1 -A• . . . .• s.. • - ..L 1• 4 ef (de Notary Publi &- 'IC. ®C° 4 � � d © @ © © d .2. @s) @ iver, Assistant 4 t, @9T C2- C2' e �O t �0 4 4 .. @ @O b. 05? c -K> d�s> eSS> d Se • ©-Y�J tmoo �°�o moo �°�o# i b C� c� @j> 2j Cc' <Cs r' \; r• ' • a I a Cr% • .•.••- •( h_ • 01L4'I rD) GAS LEAS •\. 4 THIS A01-;,EEM kiVT, Entered Into; this the - "'• l$•day ot—_ Public aervrice Cerupany of ,C 1Orado , a . Co].orad a� Corporation. :P. O..c'�lbx 840; Denver, Ccv ?okado • 80201 _. ; 3P. a lessor, • - i. t. aft., lessor, for and In consideration acittelie -sum of __Deilterrs in hand \ ,• -'• paid and of the co+►en{ttits, sand agreements here;ttal:er contsti�si to be ,yeaflc f:e:ed • by the lessee, has this dale 'E•canted, leased, and let and by C =3c?presents does hereby grant, to tw acid let etclutively unto the lv'st •the 4 prof with other oil and gas leaseseel to all or an!' part of the laudeetres �dred Ptecal and other exploratory work. Mottrilfng core drilit:.g, and the drilling."rneining. ssiwtBeall gasoline anti n11 other'•g$ses and their respective constituent? Vapors, s n , for constructing roads, laying . pipteNtioes. building tanks. storing oil. ;I - lding powers, stations. telephone/1,104 and other structures thereon ,:r tteessary or :oak/intent for the econnmica. opera lo3i' ot. said land .alone or conjointtx`�: •i.h 'neighboring lands, to produce„ suave, take rare of, and manufacture 411 of such 1, ` \, (Too' a _.' c-slsstances. WOe toe'eld and for housing and,. o tAling employees, said tract of lesidS'with any reversionary rights then being situated in the County of_" ._:y:L_ \ Township 3 Nortbi=;, \Mange 67 West: S:Oction' 2: WWWil Sect:, . n 3: NE1, SW1, The part of • 0 - NW/lying' South of the North Bank, of the St. • Vrain Ri•, Section 4: SENSES; Section g: vet, , All;. SectiofL<t.0 : All;' Section ,Th WANE;, . E'NW1/4 , - NEW).901/4, 1/4, SE' • ; ;'��\\, Section 34: NEB- last of UPRR ROW E at SE�NE�, Township 4,--�I�arth, Range 67 ��es��`\> - , • Girth of St . Vrain-r. •fiver Section 35 SW1SW1/4 i SEA exce��-.:mat portion l�an \ -� �": ≤; •. •.��r ��' Tr,,� i' .... (' `` '-bereinatter called Fuel, Re- sources Devre1optte Co. , P.O. Box 84Q,„, Denver, . Colorado (80201 and-.--x_�. re s�nafter called lessee, does aitneest (C.-77 f > ` .� 7 `• �° - . •� ` r-• herei:eof ter de: cribed land, and with the :Ahoy. unitize this lease or any par ther\ebtss hereinafter provided, for the purpose of carrying on geological, geopki at•ootoperating for, producing, and saving -Ali at the oil, gas, casinehead gM Y). Ca 0 CD t' StrtttgF f - • -(ei ,ttbd described ae follows: >. Colorado • A 4 • __, ' .4M� ✓ - ) '3&4North in Sections ' . TownshSp, - Rest e< West 250� ---• lung ,.• and cortsstlilisg�., acres, more or1a.,✓' 2. l fyls 'lease shall remain in force fa 't3i:;term of Five `5 \clams and es tong thereafter as oil, (gyeta.stnghead gas, casinghead gaso1liioonr any tethe products covered by this lease, can be produced. �_,.\� `, Ceti- Z The lessee shall deliver to lessor eXrdyalty. free of cost, on the lease, .• •alto the pipe line to which tesseeet �.konnect its wells the equal one-ei t4 part . .�'' •-.. ,. , •fi�rr, otK� W Cal peodttcrd and saved from thee. asid premises, or at the lessee's oettibti nay pay to the lessor to: suctioset-esgath royalty the market prlcay,•••ar Ca of Metered! and gravity prevailing on t1t;>dss such oil is run into the pipe<libe-••or into storage tanks. �' zee s• 4- The lessee shall monthly ,pit,$- ;lessor as royalty on gas Marketed teen each west where gas only is lonittleeor_-eighth, fie) of the proceeds/ tOo!d at the �``_)titell, or ii marketed by lessee off 0, ?Wesel premises, then one -eighth .n a pt its market value at the weal. �Oihe)Je;sce shall pay the lessor: lay ;,% -eighth I tea, ` -of the proceeds received by Abe ee frosts the sale of castnghead gOieeproduced front any oil well; ;lei teat- tthth t?,l of the value, at the rpatiiio"ot the well, '' „-%. computed at the prevatttnd • eeek$te price. of- the casinghead gas. ; pxo$ced from any oil welt and use � bg. 'essee off the leased premises •Otirs.eilYs purpose or ce •.i used on the teased premises ,heAtta: lessee tor purposes other titan, th \'development and operation the;•o.1.,''`)C'essor shall have the priviieee at •$tt' own risk and • . � expense of using gas. from ab eggs welt on said land for stoves ally ti side lights in the principal dwell -OW -,g', located on the leased premises 'byt'htsking hiss own connections thereto. 11rhere gas from ;e well or Wells, capable of producin /'•eas only. is nit sold or used for a period of one year. lessee shall pay of tender as royalty, an amount equal to the denyeoental. le provided in paragraph i'Oe hereof. payable arnun!ly at the epd'kt each year during which such eta is not sold or used. - and whsle said r'oyaiteets sti paid or teisdercd'this lease shall -he held as a producing property/b.-rider paragraph numbered two here*& N - 5. If operations Tfor the drilling -of a welt for oil ore§dare not commenced on said tai d7,01t.'o; before the 1 day of ! -• �� r ..19-.. tease shall to .cell ate as to both artfes unless t •% • ` \ / , this 'np n ess sfloe he tkssee shaft on or before said dater/pray or tender to the lessor .�r..+w.w...M• Dam at (• (.y: , e'er' •__�• '—,• ••— r or its 3:3CCtyeoss. fie Milt• HIVS, ak.4 its elect land or tne'tlst oil and . vac_ or 'in :the pentala.,'triHt•,coruc bereundtr: • �� $ the sum ot.,,. ,�'- -> t Dotiars, which shah'`\ap•°' crate a .si'•geritat and cover the' privilege of_ tetering the commencement of opoea�tic�fts for drilling for a period of/-cin.e`ttiear. In like manner and upon;\iliac' payn•ce'ot1tg•,of tenders the commencement ot• Opera Lions for drilling may further byeeOetorred for like periods successiveloeyel payments or tenders may be Mode by chee C t•;drafc of -lessee or any assignee thereof. mailed or dente:ed on or before'lrlse rental paying 'date, either direct -so lessor or assigns or to said et oittory bar K..'affit it is understood and agreed ;liar -nit consideration first recited herein, the down payment, covers nut Orgy. the privilege granted to the date, ;a said clew rental is payable. as aforesaid, but'giso the lessee's option of extendtsig,etheit period as aforesaid and any Arid all other rights conferred: Notw�4t tetiending ttieereeath of the lessor or his saicceseolO.1n interest. the payment or tendeteeeoft rentals In the manner above elS, t:•Ie binding on the heirs, devis: ' executors, . orb administrators of such persons__•. ( r : i CI) d. If at any time prior to the(dicebvery of oil or gas on this land -rtdi during the term of this lease, theelessee shell drill a dry hole, or holrkjeon this land, - s-- is lease shall not terminate.sproveled operations for the drilling aeon eea shalt be commenced •by •tire\_,tiekt ensuing rental paying date.:'` ---provided the ;`--s ` ', lessee begins or resumes the• -pater nt at rentals in the manner ace amount heretnsabove provided, anti in> this event the prededing psragrt his twee gov- erning the payment of rentals•'-8n�c •the manner and effect thereof{'•shalt continue in force. \, ,_ `. > ♦ \ ' \ .� \ -' 1. In case said lessor ow,iste a less interest in the above described land than the entire and undivided) fee simple estate therein then titet- yatties and rent - acs herein provided for shall be'paid the said lessor only in the peeportion which his interest bears to the whole and undivided lee. However, such rental shall be increased at the next, succeeding rental .anniversary afters any reversion occurs to cover the interest so acquired. !,, \ < • B. The lessee shalt Stave the right to use. free of cost.,•gas, oil and water found on said lands for its' operations thereon, except' water front the was of the lease:. When ref uited/by lessor. the lessee shall bury,tts pipe lines below plow depth and,shali' pay for damage caused- by its,✓epeesfelons to growing crops on said land. 140 .weft stialt be drilled nearer than 200 feet 'to the house or barn now on said ttcmises without written consent or the. lessor. ' Lessee shall -have the tight at any Latta';dbr1ng. or aittr the expiration .otetkti• lease to remove aitl ma,c:iinery, ; i$4ares. houses, buildings and other:••s'iritc:ures: placed on • said premises. inctuding'Tc right to. draw and remove all ta•;lug, but lessee shall be under no obligation to do so. nor shalt lessee be, tinier any obtiggation to restore the surface• -to Iits"pr1ginal condition, where any alteration's or changes were due to operretton reasonably necessary under threOle≥ase. - • • - 9. It the estate of either 'party hereto is assigneeetated the privilege of sasigning in w'ltitle or in part is expressly aalowedl. '-ihd covenants hereof shalt extend to the heirs devisees, executors, administrators. successors, and assigns,. but no change of ownership in the land or in the rentals or royalties or any sum, 'due under t i*/)ease shall be •binding on the leseee/until it has been furnished wlthcett'fter the original recorded instrument/Of conveyance or a duly ce:tititg'`'., - copy thereof -Ogle a certified copy at the will ofo a-nyydeceased owner and of the prctbateetheceof, or certified copy of the --Proceedings showing appointmen teotte • . an admwtst;ator for the estate of any. deceased; •owner, whichever is appropriate, '¢gather with all original recorded iftStrrirnents of conveyance or duty • ceras/ fled cotes.:\hereof necessary in showing a ciantioiste chain of title back to lessor••,tat the full interest claimed. and alloativance payments of rentals made`:ltie under�41tbie receipt of said documents shatli} be Binding on any direct or lndire4seitignee, grantee. ,devisee, adminiettater, executor, or heir of lessor.''o ore.° ttitnif the leased -premises are now odt--• tbit'tt hereafter be owned in sever trade in separate tracts, the premliex>nevertheless shaft be developed mo*--oper- ' ittedeet4ione lease, and all royalties accrinizsgt hereunder shalt be treated as fc tOeMirety and shall be divided amoitig .and paid. to such separate owe rsNt'n the ptq iOrtion that the acreage owned b eMich separate owner bears to the -eeotkre leased acreage, There shalt beetles obligation on the part- of the k'keo to off- - Asteowells on separate tracts into whte"tt:t'ht land covered by this lease ma/rise/hereafter divided by sate. dcolse? `descent or otherwise or to. fur: U *i-``separaate ' ut�asuring or receiving tanks. It ,isiteyeby agreed, that in the event t.h-i$,,iease shall be assigned as to a pat'b\br as to parts of the above described land avid ;'\t$E-?solder or owner of any such pate or parts shalt make default in (the' payment of the proportionate pert bt the rent due front. him or therlite. Ouch default . •.l -shalt not operate to defeat or it:ifl�eea' this lease insofar as it covers. tiotiert of said land upon which theelessee or any assignee hereof shall tdz ••itae payment • r '' '-> of said rentals. If it any timeytkeee be as many as four parties en esled to rentals or royalties. lesser toy withhold payments thereof • unless and until • all � e• parties des!gnate. In writing. Ineetaecordaste instrument to be fitederith the lessee, a common. agent etketeceive all payments due • ttereunderc and to execute ' . \ ' division end 'transfer ordereetero behalf of said parties. and their e3'dive successors in title. <''\, --12.' Lute: hereby =wr,rnu'te /and nitwit to defend the -title :o ih1-tand herein described and ogrceS't) at the icistc. St Its -option, uss►t pay and-den.l.astbi-i tehob or in part any teepc. *O 'gages, or tether tient widtth:toe levied. or anewed on or esaira_t tilt above described lends sandeeia .t t.,t, in ck_iciscs •suee oAiirs, A r • r ' 12; •Notwithstandii•• anything in this Jesse contained/ ti* the contrary, it is expressly agreed that If lessee shalt commence operations for drilling at any - 2 time -white this Ieast;itein force, this lease shall rernatin--fisteforce and its terms shall coatenbeiso. long as such operations are pto`3ecuted and, if production e tree •results therefrom. pietas long as production continue -Oct 1` ;•., ; L') - 13. • If withitte-he•/prlmary term of. this lease \ /\ --', proc�ij�tidn on the leased premises shat ; from any cause, this •tease ;its It ,rat tear.€irate• provided opera- ' . ttons for the. driltin$ of a 'well shall -be commenced bee a or on the next ensuing rental Paying date; or, provided lessee tieg`iftr or. • resumes the payment of (tems) rentals in the manner and: amount, hereinbefore provided. If. after the expiration of the -primary term of this tease. 'productitere on the leased premises shaU cease from nlny,.•`,cause. this•: lease shall not 'terml!tate provided lessee resumes operstians:-for drilling a well within sixty 4(0-i,. t! t s from such -cessation, and thia'\•eoe • lease shalt_: irefir, ain in force during , the , prosecusieint of such operations and. if pectd•tsction results therefrom, then aselciee ss production .continues , • ' / . 14_ I eeselet may at tsny time surrender or.• Csntrel this lease in whole or In q , .... y plaiting same of-• pq,ft, delivering or- matting such het atr.tu- hits' arssor; or •b record Ma proper county.. In case' sail! tta is surrendered and canceled a . f; only a portion of the •acreage covered- thereby.- then all paymen s \.stpd --labilitaej. the:eafter accruing' under the. t5tp ;i\ot said - lease as to the portion('$ta\trcled shalt cease and determitie� 4.0e any -rentals - thereatter .paid trnay 'be appoi tjorted on an acreage bsasis, 'but as $ ti portion at the acreage not relees\ed /the terms and provisions at this••.,1ea to shall continua and: remain .in chef Jarce an tt +Nett far alt purposes.•• ''�>: ;es . . <48. • is provisions hereof.' express efirefrreplied. shalt be subject to all federal and state law and the orders .;d(i ;es; or iegulations (and: Interpret .`t��iin there- ., 0!! governmental agencies admicai`'stering the same. and this lease a ,�}-lt?not be in any way terminsted,4to-ity or partially nor shalt -the tO etc\pe habit •la•:dittnages for eta:lure• to.comp'ly kietscany-of the express or knelled prQ�d ons hereof such failure accords;,With any such laws:orde=s; �.rules,.+tr',`segulatiorts ', iE' r interpretations• thereofr.- If ter ee't\hi•ould•be prevented during the lasteslr'months of the primary term he eo,f,itrorn drilling a :we►l hereunder botobe'order.of any ,\ •.. nstita:ted authority having. jticiedict'loa •thereover: or if lessee. shoutdotie!unsble during said period to dril it eteell hereunder due .to • eeuilisstent"ftten:e'ssary in the — ;=drilling thereof not- being: avaitabtz'-on- account -of any cause. theeoitiimary term of this lease shall cn- tireue until- six mnonths• after.,ssI&oode :is suspended- ece of acrd jor said equipntent.•_ts �sra,4, fe;`. but. the ,lessee shall pray delayer eiftals herein provided during such 'exrcnded time. . • '' . -L`•• ' A. N... ; • 10. l.asset \tifttekby(`f►J a sly =grunted the -right and it teenage +which Lessee may excercise;' t` etty time either. before: or -after:9ra4uction -•'has.-been e. • \es/ � obtained. upon -14640w • ea°•ti ' any premises consolidated here*ttM to consolidate the gas lessehoiC4state created by.• the executibtie Bell" •deliver} . at • this lease. • orr`.s ttyt: p {t * a e4f::,wlth • any other gas leasehold estate or estates. to form one or ,more • gas- operating unit* of:: approxtmately:_,£40 : acres each. If with': qp, rOO • it ttt'•ssgtieite,Ated by Lessee,' IRAQI.- or- agrees to accept and shall receivd',out of thegas-productiontroil;;eacb�'iuch tunitsu •-ch:. portion .. of the.ai y ,�'CIAt to f. aloe•s: out• -of this test, placed in such unit bears to the dtel number of acres4lncltidid ,rs saait•ptsit:J,: ghe commence- •rnent :otter # fi >•a!"'sf• .O tee eetirtinued` opertyflbn >`iir ; production of gas from. accts ieting well. on,. any' portion.; loft.-a� ;iiiitrating unit shalt, be - venistr aek r Id"$ted •'us ttte o es'ctnsent' or. •cgf�ipte,tion of - a. welt. or the cantinueil,,operation of, or production• of g'ss; 'fritme awes! On _each :and ., all net .tire 7' ' p• n', such. `apeatttinte-Onit;- provided, that the provision -�s t'this paragraph shalt' not affects! tieFpaysieettt .or noa•aaycnent of '' deih t t lr o• its of this pore'tntses not included in a unit, but ;th'is:lease as 'to such portions of . tbk4C)senitses knot.'included in ' a - •-unit, • hilt.1 e� : d,`. •.e a sepae tirase...In the eleent portions of the above , descrf [' lands are included '.in seve'rat etsb ts, • each ':portion.'=so included • shall::.chi4e . particulereewner or owners of the • lands under each separate lease shall. be: solely'entitled to the' benefits of and fleets +it b i t' _ 4t srr ;under • each, separate lease. Lessee shalleexecute in writing and record in the, c nveyhnce''reeords •of. the. county.;e is h .•�,.. •,• er.an s • d `� .�i x sn rt idp v e_ '•,i :. ,: ' ; •. ,� ,`,. res .- e`' fi b : aaS J ' ti5� t.u6g%e' sa i usage- • t't. I.��•i r . • ; _72gi�s.•..ttt nilitio 'tutted stipulations. s al% extend •to rtt►ti' be binding on all successors of slid'\ reeior and lessee. • • ottti`\J - !• „tit• t.\ \, \,\i \, •�\/. IfQ'4'r`��£Cjl�;' it�l1e \Mind year • first above written. •{ `,,\ { ;'; ' tests �¢ ;�� tSEAki:,,.• •,: • ' ` tlit 3>~� lie S • r I :+d ' '�> K. A :e Coin of Colgt41 \ (SEAL) • (SEALI eta' at Pel Printed by P&M Prin \ ; 511 16th St.. Suite 222, (soa : 1681 BOOK I `� STATE C3 COUNTY L OFD • IN • / 4. ;-• \,; , .(.`.184 i , . Ok1ahoait; K.ats�e, �iiv�Mexito, yarning, Montah .Colorado,. Utah, !'�fIbraalia North Dakota, South . Dakota ACKNOWLEDGMENT— INDMp UAIL BEF R E ME, the urideirsigne& a -Mary Public,.In and for �. �' unty and State. on this : vas k'.7^ . / ( o I • ( .. ) I ( ) I' .,�.. ,•.; • personally app s/fed: add � •� t, • \\N,1� , �I•- ,� it ,..\ ,I`+/ (, �`)-. �,I ( `.) ,I I, >) �•1 ) �� to me known ( ;,�'e the identical personc ribed in and who execut c • , / •., 1/4 As \. C �; '1 , N1/4,- ; / • • j` \\? ,V• ' `I . s,'•.` • 3 ' ,_ ; . \ �> C\. `'\ - - /, \\., > > _\ ) /--- `J the within an /;foregoing instrument of writing and acknowledged to me' lr4t duly executettthe same as and volunt r ''act 'and. deed for the uses,`a ' purposes therein set forth: \,,,)-/ • se IOC `,� t N•\/ l ✓` i �> \I w ( (Jj ,I " ^ (' •cs') (Cs) ) • JN'S: ITNESS WHEREOF. I�ChaTie hereunto set my hand ,,=-affixed my . notarial seal til \`zhty and year last above'"a ttS. • l'1�f i ` mmission Expires. • <; !, ' ' `+.\ \ \\, \ \ , • STATE OF c,, L t .5 ; Nat to ,� Public. COUNTY OF tw•=l /,`'> BEFORE Iti, i `,_/ 11. '•1/4. `` N. • \\\�' t \J+I `,...._/ Oklahoma, Katmai, New Moko, Wyoming, Montana, Colarado, Utah, Nebraska. Stgrth Dakota, South Dakota, 47.--,.., ACKNOWDGMENT --•'- INDDU,.C, . (c)I (,c (,c)I. �c' undersigned, a Notaryl ,,ublic, in and for said Coup' ;and State, on this • : day of_ •1 •�a} 19�, ' ..., personally appeared.. '• • ••••••/ ,1 , t.. \ i ._,. , ,,/ _ . \ +,/ • ya, .,//' N.% `) - /•\ \ �,\ ' •l N. ,, /45", \ /l`+ \: an/ cr, / / �� \ n I' . /G/^, \. ../..„r„\:,<.. • . . - ./..,...,,,, \./. • {.. .\1> \ \ C NA/ /' +`r „� tP\ 7▪ me known to be the idea ''I�4_ -person , described. 104 a(04,;+who executed \�. ��' '/ ' :. '• ;- \',•.`''��/'.- ,_ ;\`� /\lam Jt\`*.„.• <\ `tile within ant foregoing,' in r Mont of writing and ackno; ged to me that duly executed the same as.: _,' free \' and vctihurttary act 'a ri.C\.)) t ~ .•:`••:).‘"••• dec or the uses. and ,purposes the -Sin set forth. ,v;• `^' / --,- I - / - . - .1 IN- WITNESS.. , 1±IEREOF, I have , hereunto,- et' my hand and affixed my7-tarial seal the day . and year- a t above written. ':, \I•' < + r (`f 'j• ' _ : ( C,''I ('C`j^I �'� `c . Notary Publie. � I -, ••••-•1 j, •• /> C\`,: > • ,�~. �.. COUNTY 1 OF D �i\'.• .enve,�. /\ /, . . (rte_ 1 rte_ �,! (��\,'! r-, - ,. r—��' /! .\ b.' `> - \ A > \` tV > .. \\‘>' p ^ > '\ -. >^ -TAB or- COLORADO .DO <-\\5-' \ , .,,,./ ‘,.:....\\> , SS \\(5 >.\„ • S, . n \ .J I \' V• �\,\ SAS \ NA< 1 S (34 v �R f •tomf � /^\.! • ,(_ -,..`l\..' \.i.a' �\ ) t�• �+ (' C) I ( ( ) ( C) I -'�»• �'." �Lt imp hand anc�ffxcaal seal. (c-in\'`.�;' � a. -.1:e i �-an e,res November 1'•3981 ilit .The fore \glnq instrument caas;acknowledaed befo � me thisda f s. < N• N„\e,"‘„>, - Nov r • '19 80,, J. K. Fuller \, t 19th ,,��\\ \�- / ''Vice kliesident, '��+`"t' � , ASSISTANT Secretary, of Publa • any of Colorad ? ,. a- Colorado ~~' cozporatIon .: • /+,+,,• , Aiwy as. Johnson l ei • /. • \ f\ • l ,, \ (-,-*<\\• .: ;.a \,' G' •' /`.' `, `' s.\ . "-J -._./ \N.,/ , \ t • , ' 1 ' +`i • Tie v/ •A 1 , . I s• L . `4.\/ r r; I. t' T :I •.• + .- 1 t • -_ N V I 0' ve a A ,717>, \7J • • • (f`(• ` I\ • .t Ty T \ :l tag i '0 • . a, • \\1 ( ) I - \ I c /! 1,\ / /\ ,,\. N. S - C 1*' St 6:• \ i 2::\;:/:•.>17%;\ ‘‘.7 • I S / • v.' <\` ) J t )C_ 4 • • N er 4 s• e e ) • r' \; r• ' • a I a Cr% • .•.••- •( h_ • 01L4'I rD) GAS LEAS •\. 4 THIS A01-;,EEM kiVT, Entered Into; this the - "'• l$•day ot—_ Public aervrice Cerupany of ,C 1Orado , a . Co].orad a� Corporation. :P. O..c'�lbx 840; Denver, Ccv ?okado • 80201 _. ; 3P. a lessor, • - i. t. aft., lessor, for and In consideration acittelie -sum of __Deilterrs in hand \ ,• -'• paid and of the co+►en{ttits, sand agreements here;ttal:er contsti�si to be ,yeaflc f:e:ed • by the lessee, has this dale 'E•canted, leased, and let and by C =3c?presents does hereby grant, to tw acid let etclutively unto the lv'st •the 4 prof with other oil and gas leaseseel to all or an!' part of the laudeetres �dred Ptecal and other exploratory work. Mottrilfng core drilit:.g, and the drilling."rneining. ssiwtBeall gasoline anti n11 other'•g$ses and their respective constituent? Vapors, s n , for constructing roads, laying . pipteNtioes. building tanks. storing oil. ;I - lding powers, stations. telephone/1,104 and other structures thereon ,:r tteessary or :oak/intent for the econnmica. opera lo3i' ot. said land .alone or conjointtx`�: •i.h 'neighboring lands, to produce„ suave, take rare of, and manufacture 411 of such 1, ` \, (Too' a _.' c-slsstances. WOe toe'eld and for housing and,. o tAling employees, said tract of lesidS'with any reversionary rights then being situated in the County of_" ._:y:L_ \ Township 3 Nortbi=;, \Mange 67 West: S:Oction' 2: WWWil Sect:, . n 3: NE1, SW1, The part of • 0 - NW/lying' South of the North Bank, of the St. • Vrain Ri•, Section 4: SENSES; Section g: vet, , All;. SectiofL<t.0 : All;' Section ,Th WANE;, . E'NW1/4 , - NEW).901/4, 1/4, SE' • ; ;'��\\, Section 34: NEB- last of UPRR ROW E at SE�NE�, Township 4,--�I�arth, Range 67 ��es��`\> - , • Girth of St . Vrain-r. •fiver Section 35 SW1SW1/4 i SEA exce��-.:mat portion l�an \ -� �": ≤; •. •.��r ��' Tr,,� i' .... (' `` '-bereinatter called Fuel, Re- sources Devre1optte Co. , P.O. Box 84Q,„, Denver, . Colorado (80201 and-.--x_�. re s�nafter called lessee, does aitneest (C.-77 f > ` .� 7 `• �° - . •� ` r-• herei:eof ter de: cribed land, and with the :Ahoy. unitize this lease or any par ther\ebtss hereinafter provided, for the purpose of carrying on geological, geopki at•ootoperating for, producing, and saving -Ali at the oil, gas, casinehead gM Y). Ca 0 CD t' StrtttgF f - • -(ei ,ttbd described ae follows: >. Colorado • A 4 • __, ' .4M� ✓ - ) '3&4North in Sections ' . TownshSp, - Rest e< West 250� ---• lung ,.• and cortsstlilisg�., acres, more or1a.,✓' 2. l fyls 'lease shall remain in force fa 't3i:;term of Five `5 \clams and es tong thereafter as oil, (gyeta.stnghead gas, casinghead gaso1liioonr any tethe products covered by this lease, can be produced. �_,.\� `, Ceti- Z The lessee shall deliver to lessor eXrdyalty. free of cost, on the lease, .• •alto the pipe line to which tesseeet �.konnect its wells the equal one-ei t4 part . .�'' •-.. ,. , •fi�rr, otK� W Cal peodttcrd and saved from thee. asid premises, or at the lessee's oettibti nay pay to the lessor to: suctioset-esgath royalty the market prlcay,•••ar Ca of Metered! and gravity prevailing on t1t;>dss such oil is run into the pipe<libe-••or into storage tanks. �' zee s• 4- The lessee shall monthly ,pit,$- ;lessor as royalty on gas Marketed teen each west where gas only is lonittleeor_-eighth, fie) of the proceeds/ tOo!d at the �``_)titell, or ii marketed by lessee off 0, ?Wesel premises, then one -eighth .n a pt its market value at the weal. �Oihe)Je;sce shall pay the lessor: lay ;,% -eighth I tea, ` -of the proceeds received by Abe ee frosts the sale of castnghead gOieeproduced front any oil well; ;lei teat- tthth t?,l of the value, at the rpatiiio"ot the well, '' „-%. computed at the prevatttnd • eeek$te price. of- the casinghead gas. ; pxo$ced from any oil welt and use � bg. 'essee off the leased premises •Otirs.eilYs purpose or ce •.i used on the teased premises ,heAtta: lessee tor purposes other titan, th \'development and operation the;•o.1.,''`)C'essor shall have the priviieee at •$tt' own risk and • . � expense of using gas. from ab eggs welt on said land for stoves ally ti side lights in the principal dwell -OW -,g', located on the leased premises 'byt'htsking hiss own connections thereto. 11rhere gas from ;e well or Wells, capable of producin /'•eas only. is nit sold or used for a period of one year. lessee shall pay of tender as royalty, an amount equal to the denyeoental. le provided in paragraph i'Oe hereof. payable arnun!ly at the epd'kt each year during which such eta is not sold or used. - and whsle said r'oyaiteets sti paid or teisdercd'this lease shall -he held as a producing property/b.-rider paragraph numbered two here*& N - 5. If operations Tfor the drilling -of a welt for oil ore§dare not commenced on said tai d7,01t.'o; before the 1 day of ! -• �� r ..19-.. tease shall to .cell ate as to both artfes unless t •% • ` \ / , this 'np n ess sfloe he tkssee shaft on or before said dater/pray or tender to the lessor .�r..+w.w...M• Dam at (• (.y: , e'er' •__�• '—,• ••— r or its 3:3CCtyeoss. fie Milt• HIVS, ak.4 its elect land or tne'tlst oil and . vac_ or 'in :the pentala.,'triHt•,coruc bereundtr: • �� $ the sum ot.,,. ,�'- -> t Dotiars, which shah'`\ap•°' crate a .si'•geritat and cover the' privilege of_ tetering the commencement of opoea�tic�fts for drilling for a period of/-cin.e`ttiear. In like manner and upon;\iliac' payn•ce'ot1tg•,of tenders the commencement ot• Opera Lions for drilling may further byeeOetorred for like periods successiveloeyel payments or tenders may be Mode by chee C t•;drafc of -lessee or any assignee thereof. mailed or dente:ed on or before'lrlse rental paying 'date, either direct -so lessor or assigns or to said et oittory bar K..'affit it is understood and agreed ;liar -nit consideration first recited herein, the down payment, covers nut Orgy. the privilege granted to the date, ;a said clew rental is payable. as aforesaid, but'giso the lessee's option of extendtsig,etheit period as aforesaid and any Arid all other rights conferred: Notw�4t tetiending ttieereeath of the lessor or his saicceseolO.1n interest. the payment or tendeteeeoft rentals In the manner above elS, t:•Ie binding on the heirs, devis: ' executors, . orb administrators of such persons__•. ( r : i CI) d. If at any time prior to the(dicebvery of oil or gas on this land -rtdi during the term of this lease, theelessee shell drill a dry hole, or holrkjeon this land, - s-- is lease shall not terminate.sproveled operations for the drilling aeon eea shalt be commenced •by •tire\_,tiekt ensuing rental paying date.:'` ---provided the ;`--s ` ', lessee begins or resumes the• -pater nt at rentals in the manner ace amount heretnsabove provided, anti in> this event the prededing psragrt his twee gov- erning the payment of rentals•'-8n�c •the manner and effect thereof{'•shalt continue in force. \, ,_ `. > ♦ \ ' \ .� \ -' 1. In case said lessor ow,iste a less interest in the above described land than the entire and undivided) fee simple estate therein then titet- yatties and rent - acs herein provided for shall be'paid the said lessor only in the peeportion which his interest bears to the whole and undivided lee. However, such rental shall be increased at the next, succeeding rental .anniversary afters any reversion occurs to cover the interest so acquired. !,, \ < • B. The lessee shalt Stave the right to use. free of cost.,•gas, oil and water found on said lands for its' operations thereon, except' water front the was of the lease:. When ref uited/by lessor. the lessee shall bury,tts pipe lines below plow depth and,shali' pay for damage caused- by its,✓epeesfelons to growing crops on said land. 140 .weft stialt be drilled nearer than 200 feet 'to the house or barn now on said ttcmises without written consent or the. lessor. ' Lessee shall -have the tight at any Latta';dbr1ng. or aittr the expiration .otetkti• lease to remove aitl ma,c:iinery, ; i$4ares. houses, buildings and other:••s'iritc:ures: placed on • said premises. inctuding'Tc right to. draw and remove all ta•;lug, but lessee shall be under no obligation to do so. nor shalt lessee be, tinier any obtiggation to restore the surface• -to Iits"pr1ginal condition, where any alteration's or changes were due to operretton reasonably necessary under threOle≥ase. - • • - 9. It the estate of either 'party hereto is assigneeetated the privilege of sasigning in w'ltitle or in part is expressly aalowedl. '-ihd covenants hereof shalt extend to the heirs devisees, executors, administrators. successors, and assigns,. but no change of ownership in the land or in the rentals or royalties or any sum, 'due under t i*/)ease shall be •binding on the leseee/until it has been furnished wlthcett'fter the original recorded instrument/Of conveyance or a duly ce:tititg'`'., - copy thereof -Ogle a certified copy at the will ofo a-nyydeceased owner and of the prctbateetheceof, or certified copy of the --Proceedings showing appointmen teotte • . an admwtst;ator for the estate of any. deceased; •owner, whichever is appropriate, '¢gather with all original recorded iftStrrirnents of conveyance or duty • ceras/ fled cotes.:\hereof necessary in showing a ciantioiste chain of title back to lessor••,tat the full interest claimed. and alloativance payments of rentals made`:ltie under�41tbie receipt of said documents shatli} be Binding on any direct or lndire4seitignee, grantee. ,devisee, adminiettater, executor, or heir of lessor.''o ore.° ttitnif the leased -premises are now odt--• tbit'tt hereafter be owned in sever trade in separate tracts, the premliex>nevertheless shaft be developed mo*--oper- ' ittedeet4ione lease, and all royalties accrinizsgt hereunder shalt be treated as fc tOeMirety and shall be divided amoitig .and paid. to such separate owe rsNt'n the ptq iOrtion that the acreage owned b eMich separate owner bears to the -eeotkre leased acreage, There shalt beetles obligation on the part- of the k'keo to off- - Asteowells on separate tracts into whte"tt:t'ht land covered by this lease ma/rise/hereafter divided by sate. dcolse? `descent or otherwise or to. fur: U *i-``separaate ' ut�asuring or receiving tanks. It ,isiteyeby agreed, that in the event t.h-i$,,iease shall be assigned as to a pat'b\br as to parts of the above described land avid ;'\t$E-?solder or owner of any such pate or parts shalt make default in (the' payment of the proportionate pert bt the rent due front. him or therlite. Ouch default . •.l -shalt not operate to defeat or it:ifl�eea' this lease insofar as it covers. tiotiert of said land upon which theelessee or any assignee hereof shall tdz ••itae payment • r '' '-> of said rentals. If it any timeytkeee be as many as four parties en esled to rentals or royalties. lesser toy withhold payments thereof • unless and until • all � e• parties des!gnate. In writing. Ineetaecordaste instrument to be fitederith the lessee, a common. agent etketeceive all payments due • ttereunderc and to execute ' . \ ' division end 'transfer ordereetero behalf of said parties. and their e3'dive successors in title. <''\, --12.' Lute: hereby =wr,rnu'te /and nitwit to defend the -title :o ih1-tand herein described and ogrceS't) at the icistc. St Its -option, uss►t pay and-den.l.astbi-i tehob or in part any teepc. *O 'gages, or tether tient widtth:toe levied. or anewed on or esaira_t tilt above described lends sandeeia .t t.,t, in ck_iciscs •suee oAiirs, A r • r ' 12; •Notwithstandii•• anything in this Jesse contained/ ti* the contrary, it is expressly agreed that If lessee shalt commence operations for drilling at any - 2 time -white this Ieast;itein force, this lease shall rernatin--fisteforce and its terms shall coatenbeiso. long as such operations are pto`3ecuted and, if production e tree •results therefrom. pietas long as production continue -Oct 1` ;•., ; L') - 13. • If withitte-he•/prlmary term of. this lease \ /\ --', proc�ij�tidn on the leased premises shat ; from any cause, this •tease ;its It ,rat tear.€irate• provided opera- ' . ttons for the. driltin$ of a 'well shall -be commenced bee a or on the next ensuing rental Paying date; or, provided lessee tieg`iftr or. • resumes the payment of (tems) rentals in the manner and: amount, hereinbefore provided. If. after the expiration of the -primary term of this tease. 'productitere on the leased premises shaU cease from nlny,.•`,cause. this•: lease shall not 'terml!tate provided lessee resumes operstians:-for drilling a well within sixty 4(0-i,. t! t s from such -cessation, and thia'\•eoe • lease shalt_: irefir, ain in force during , the , prosecusieint of such operations and. if pectd•tsction results therefrom, then aselciee ss production .continues , • ' / . 14_ I eeselet may at tsny time surrender or.• Csntrel this lease in whole or In q , .... y plaiting same of-• pq,ft, delivering or- matting such het atr.tu- hits' arssor; or •b record Ma proper county.. In case' sail! tta is surrendered and canceled a . f; only a portion of the •acreage covered- thereby.- then all paymen s \.stpd --labilitaej. the:eafter accruing' under the. t5tp ;i\ot said - lease as to the portion('$ta\trcled shalt cease and determitie� 4.0e any -rentals - thereatter .paid trnay 'be appoi tjorted on an acreage bsasis, 'but as $ ti portion at the acreage not relees\ed /the terms and provisions at this••.,1ea to shall continua and: remain .in chef Jarce an tt +Nett far alt purposes.•• ''�>: ;es . . <48. • is provisions hereof.' express efirefrreplied. shalt be subject to all federal and state law and the orders .;d(i ;es; or iegulations (and: Interpret .`t��iin there- ., 0!! governmental agencies admicai`'stering the same. and this lease a ,�}-lt?not be in any way terminsted,4to-ity or partially nor shalt -the tO etc\pe habit •la•:dittnages for eta:lure• to.comp'ly kietscany-of the express or knelled prQ�d ons hereof such failure accords;,With any such laws:orde=s; �.rules,.+tr',`segulatiorts ', iE' r interpretations• thereofr.- If ter ee't\hi•ould•be prevented during the lasteslr'months of the primary term he eo,f,itrorn drilling a :we►l hereunder botobe'order.of any ,\ •.. nstita:ted authority having. jticiedict'loa •thereover: or if lessee. shoutdotie!unsble during said period to dril it eteell hereunder due .to • eeuilisstent"ftten:e'ssary in the — ;=drilling thereof not- being: avaitabtz'-on- account -of any cause. theeoitiimary term of this lease shall cn- tireue until- six mnonths• after.,ssI&oode :is suspended- ece of acrd jor said equipntent.•_ts �sra,4, fe;`. but. the ,lessee shall pray delayer eiftals herein provided during such 'exrcnded time. . • '' . -L`•• ' A. N... ; • 10. l.asset \tifttekby(`f►J a sly =grunted the -right and it teenage +which Lessee may excercise;' t` etty time either. before: or -after:9ra4uction -•'has.-been e. • \es/ � obtained. upon -14640w • ea°•ti ' any premises consolidated here*ttM to consolidate the gas lessehoiC4state created by.• the executibtie Bell" •deliver} . at • this lease. • orr`.s ttyt: p {t * a e4f::,wlth • any other gas leasehold estate or estates. to form one or ,more • gas- operating unit* of:: approxtmately:_,£40 : acres each. If with': qp, rOO • it ttt'•ssgtieite,Ated by Lessee,' IRAQI.- or- agrees to accept and shall receivd',out of thegas-productiontroil;;eacb�'iuch tunitsu •-ch:. portion .. of the.ai y ,�'CIAt to f. aloe•s: out• -of this test, placed in such unit bears to the dtel number of acres4lncltidid ,rs saait•ptsit:J,: ghe commence- •rnent :otter # fi >•a!"'sf• .O tee eetirtinued` opertyflbn >`iir ; production of gas from. accts ieting well. on,. any' portion.; loft.-a� ;iiiitrating unit shalt, be - venistr aek r Id"$ted •'us ttte o es'ctnsent' or. •cgf�ipte,tion of - a. welt. or the cantinueil,,operation of, or production• of g'ss; 'fritme awes! On _each :and ., all net .tire 7' ' p• n', such. `apeatttinte-Onit;- provided, that the provision -�s t'this paragraph shalt' not affects! tieFpaysieettt .or noa•aaycnent of '' deih t t lr o• its of this pore'tntses not included in a unit, but ;th'is:lease as 'to such portions of . tbk4C)senitses knot.'included in ' a - •-unit, • hilt.1 e� : d,`. •.e a sepae tirase...In the eleent portions of the above , descrf [' lands are included '.in seve'rat etsb ts, • each ':portion.'=so included • shall::.chi4e . particulereewner or owners of the • lands under each separate lease shall. be: solely'entitled to the' benefits of and fleets +it b i t' _ 4t srr ;under • each, separate lease. Lessee shalleexecute in writing and record in the, c nveyhnce''reeords •of. the. county.;e is h .•�,.. •,• er.an s • d `� .�i x sn rt idp v e_ '•,i :. ,: ' ; •. ,� ,`,. res .- e`' fi b : aaS J ' ti5� t.u6g%e' sa i usage- • t't. I.��•i r . • ; _72gi�s.•..ttt nilitio 'tutted stipulations. s al% extend •to rtt►ti' be binding on all successors of slid'\ reeior and lessee. • • ottti`\J - !• „tit• t.\ \, \,\i \, •�\/. IfQ'4'r`��£Cjl�;' it�l1e \Mind year • first above written. •{ `,,\ { ;'; ' tests �¢ ;�� tSEAki:,,.• •,: • ' ` tlit 3>~� lie S • r I :+d ' '�> K. A :e Coin of Colgt41 \ (SEAL) • (SEALI eta' at Pel Printed by P&M Prin \ ; 511 16th St.. Suite 222, (soa : 1681 BOOK I `� STATE C3 COUNTY L OFD • IN • / 4. ;-• \,; , .(.`.184 i , . Ok1ahoait; K.ats�e, �iiv�Mexito, yarning, Montah .Colorado,. Utah, !'�fIbraalia North Dakota, South . Dakota ACKNOWLEDGMENT— INDMp UAIL BEF R E ME, the urideirsigne& a -Mary Public,.In and for �. �' unty and State. on this : vas k'.7^ . / ( o I • ( .. ) I ( ) I' .,�.. ,•.; • personally app s/fed: add � •� t, • \\N,1� , �I•- ,� it ,..\ ,I`+/ (, �`)-. �,I ( `.) ,I I, >) �•1 ) �� to me known ( ;,�'e the identical personc ribed in and who execut c • , / •., 1/4 As \. C �; '1 , N1/4,- ; / • • j` \\? ,V• ' `I . s,'•.` • 3 ' ,_ ; . \ �> C\. `'\ - - /, \\., > > _\ ) /--- `J the within an /;foregoing instrument of writing and acknowledged to me' lr4t duly executettthe same as and volunt r ''act 'and. deed for the uses,`a ' purposes therein set forth: \,,,)-/ • se IOC `,� t N•\/ l ✓` i �> \I w ( (Jj ,I " ^ (' •cs') (Cs) ) • JN'S: ITNESS WHEREOF. I�ChaTie hereunto set my hand ,,=-affixed my . notarial seal til \`zhty and year last above'"a ttS. • l'1�f i ` mmission Expires. • <; !, ' ' `+.\ \ \\, \ \ , • STATE OF c,, L t .5 ; Nat to ,� Public. COUNTY OF tw•=l /,`'> BEFORE Iti, i `,_/ 11. '•1/4. `` N. • \\\�' t \J+I `,...._/ Oklahoma, Katmai, New Moko, Wyoming, Montana, Colarado, Utah, Nebraska. Stgrth Dakota, South Dakota, 47.--,.., ACKNOWDGMENT --•'- INDDU,.C, . (c)I (,c (,c)I. �c' undersigned, a Notaryl ,,ublic, in and for said Coup' ;and State, on this • : day of_ •1 •�a} 19�, ' ..., personally appeared.. '• • ••••••/ ,1 , t.. \ i ._,. , ,,/ _ . \ +,/ • ya, .,//' N.% `) - /•\ \ �,\ ' •l N. ,, /45", \ /l`+ \: an/ cr, / / �� \ n I' . /G/^, \. ../..„r„\:,<.. • . . - ./..,...,,,, \./. • {.. .\1> \ \ C NA/ /' +`r „� tP\ 7▪ me known to be the idea ''I�4_ -person , described. 104 a(04,;+who executed \�. ��' '/ ' :. '• ;- \',•.`''��/'.- ,_ ;\`� /\lam Jt\`*.„.• <\ `tile within ant foregoing,' in r Mont of writing and ackno; ged to me that duly executed the same as.: _,' free \' and vctihurttary act 'a ri.C\.)) t ~ .•:`••:).‘"••• dec or the uses. and ,purposes the -Sin set forth. ,v;• `^' / --,- I - / - . - .1 IN- WITNESS.. , 1±IEREOF, I have , hereunto,- et' my hand and affixed my7-tarial seal the day . and year- a t above written. ':, \I•' < + r (`f 'j• ' _ : ( C,''I ('C`j^I �'� `c . Notary Publie. � I -, ••••-•1 j, •• /> C\`,: > • ,�~. �.. COUNTY 1 OF D �i\'.• .enve,�. /\ /, . . (rte_ 1 rte_ �,! (��\,'! r-, - ,. r—��' /! .\ b.' `> - \ A > \` tV > .. \\‘>' p ^ > '\ -. >^ -TAB or- COLORADO .DO <-\\5-' \ , .,,,./ ‘,.:....\\> , SS \\(5 >.\„ • S, . n \ .J I \' V• �\,\ SAS \ NA< 1 S (34 v �R f •tomf � /^\.! • ,(_ -,..`l\..' \.i.a' �\ ) t�• �+ (' C) I ( ( ) ( C) I -'�»• �'." �Lt imp hand anc�ffxcaal seal. (c-in\'`.�;' � a. -.1:e i �-an e,res November 1'•3981 ilit .The fore \glnq instrument caas;acknowledaed befo � me thisda f s. < N• N„\e,"‘„>, - Nov r • '19 80,, J. K. Fuller \, t 19th ,,��\\ \�- / ''Vice kliesident, '��+`"t' � , ASSISTANT Secretary, of Publa • any of Colorad ? ,. a- Colorado ~~' cozporatIon .: • /+,+,,• , Aiwy as. Johnson l ei • /. • \ f\ • l ,, \ (-,-*<\\• .: ;.a \,' G' •' /`.' `, `' s.\ . "-J -._./ \N.,/ , \ t • , ' 1 ' +`i • Tie v/ •A 1 , . I s• L . `4.\/ r r; I. t' T :I •.• + .- 1 t • -_ N V I 0' ve a A ,717>, \7J • • • (f`(• ` I\ • .t Ty T \ :l tag i '0 • . a, • \\1 ( ) I - \ I c /! 1,\ / /\ ,,\. N. S - C 1*' St 6:• \ i 2::\;:/:•.>17%;\ ‘‘.7 • I S / • v.' <\` ) J t )C_ 4 • • N er 4 s• e e ) • • •--V , :-• ' • • BO . C•\? \: • J u ' Q tea :5 • •v/ r / 0 -.�.: i't• ! • tar. O "�\.'t_%.� • • K f ��, 4 *.a .rJ +F I r J \ N r\J \ //•.‘ '▪ . • \J ! • ' 10221 lie darand year first above written. ,� .„ ) • 1\ �'-`-' THEPOUDRE VALLEY N ZONAL BANK QFv ?FORT COLLINS; s -stee a L _n_ l B_n'-ing(3Ssociation CO Co 0 I. 0 -- ( >/I • STATE OF COLORADO,( "�; _/ , County of t: `,,,The foregoing.instrument " e\\,,z): acknowled acknowledged before me h f N -� g 2 2nd I �' �•-' �-'✓' S) r ; N. -. ,,, `\ a MAR 24'66 '")19 66,,by - . Robef \\ . Dunn -, • . / ,,:\ -• a iiike4aa+;a. UNI1 D SL TATES,<t &ooCuMEutikv sale •rryrinni aa• ,, day .o`'areh, as e ;\` \.z Donald R Rose '5) • : Y a �c shier • ME, POUDRE ,'� _ LEY- / NATIONAL NIK OF FORT CoLLTS , �.. ,VJ •\ \ \ ' at .oral Rankin :ssociation o "�' . "airily:4i? c.- ..ti... i y.coromisst I V.. b. �'", ; ar /'\' •,,_ •"'+ . . i• r f . • •- :. • `��.\\ \� S • I , •' ) • J C''� `• S D , Made th y` T' ' 22nd r 4 day//4P> • March, Y \ in the year of our Lord 'thousand nine hundred and <. tyas ix, between' THE POD VALLEY' NATIO4 • BAI *{ OF FORT .COLL S , - ¶, tee, : a Nationa51' ':Banking . Associa4:' • 1 MAR 24 196 • I y �4.. ter/ ANN SPOMER Recorder. rrn ,- 't�+.�,R-Gt �-r�e g5,+re+.S.,.... ! C ? _ the ..etr_a- __kc.'7 +— 1 P SERVICE. CO11F1�� . OF COLORADO, a �cotoration duly organized a+n`•{I•'_ sting under and by virtud:2.4' the laws, s , +,' he State of Co1orad` " , oft "second part, �.,,,'� WITNESSET,H, That, party of the first p x�dr and in • consideration of / it � „ ✓;, \,, ,. : and valuable risideration and m and no/I00 -7,^z44 . l / r- 1 - '1 t order's Stamp • \ •IN• / / •: \\'. \\ ,/ / A „ t'( S, um of other goo DOLLA$; (r7 -,:‘,J , ,\,,r te to the said party(*4 the\first part in hand paidrn the said party of the secQjipart, the receipt whereof�•Whereby confessed and;/4.clmowledged, bath remised, released, sold, conveyed and QVIT CLAIMED, and by these presents Both remise, rel?gise;�sell, convey and QUIT Cant unto the said party of,,Ahe\ second part,' its success s— nd assigns CJ 1 • forever, it' �e right, title, interest, c ' Wand dei-nand which the s party of the first part Sin and to the '' followi ;described lands . and? 1nera1s• situate, I I ( and being in the County,of " ' Weld \, ,,�� and State -of• Colorado, to -wit: , Tl%.*und .Z1'ided. ;hi6e--fourths - rote Est in and tot .'\",: of lowing : Tw,'0\?;5 N o , Range ( E6'7N v70;.....6th 6th P. ,14,1i-35N/Sec. 10: ASV ' Cs/including all -. . ght, title --and , c C' \�`i terest of 'gr ,tor in and to a, \'oil:, gas and a er minerals of , every 'kind .a '' .nature in and ` der said lands, •' bgether with th 1L-.-i3•ifman I I right to. gc, Son said lands .; purposes of zfrang and expiora Odin (The }in eat of this deed _4 s to convey all _�9f the oil, gas aa�d other mineraa reserved by Wi f 'am F e Brownell/4h' i deed to Ida L :Q S'oder- e g, — ' d Roy -W. Saderre_ g, recorded in, Ook 779, page 5$ _= Weld Coury records • `t / ,! %••`vh •\` /> c,•;\';40 RAVE AND TO ROLp ie same, together with all (ar ' singular the appurtenance iiid privileges thereunto \I5bonging, or in anywise th\ rO , ito appertaining, and all tJli C€btate, right, title, interest` 4,: claim whatsoever, of the <\ • said party of the first paS:t jher in law or equity, to t epniy proper use, benefit andj:iehaof of the said partyof tk#Rt.::'{r' IN' WITNESS !1EwEOF, The said party e'f �e first part bath caused < '/corporate name to be herUnto �i subscribed by its ./ ' President nn-A�' ti;corporate seal to be hereu 'o,' ffixed attested by its N', ei Attest: /Th.\, • 66. Li(-roi4 I: Cashier' •o r s . pg 0 < e • - ,: CO S fin - . i • ��\j .;. 9 .4 1 "l • , . • JJJ �•. • \N ; II $ 4• , . \ 1��♦jam• .. ; ; : 7. • ..' • cif f - .:� \ `. fir. )' :; rch 17.; 1: F;� ` off icial, \/"; ei 5v President a / 1 tit fti _ ":1 • r t=; /•...,• ;•• :< Rn • fel Rn A T'! No..8?5. QUIT CLAW r4): --Corporation to Corporation. —Braciford7Robin.aonifl59iting Company, 1824-46 Stout St0e/e)Denverk Colorado • • N second part, its success,0\ and assigns forever. s, 111 Basin Operating Com 370 17th Street, Suite 1800 Denver, CO 80202 Office 303/685-8000 Fax 303/685-8010 • Surface Damages Agreement Between P.S.C. Farms (Ben R. Houston, Agent) 9053 WCR 34 Platteville, Colorado 80651 (303) 785-2408 and Basin Operating Company for a well drilled in the SW/4NW/4 Section 10 Township 3 North, Range 67 West BASIN Basin Operating Company agrees to take every reasonable precaution and to make every reasonable effort to minimize the disruption of the property. This includes: 1. To stockpile the top soil in areas where the surface area is disturbed by Basin's operations, and at the completion of Basin's operations, to reshape the disturbed lands as near as possible to its original contour. During the backfilling of any pits, well, or other excavations that were dug, the soil shall be compacted to prevent subsidence. 2. To restore the surface and any abandoned well site and any road to a level condition, including compaction, if necessary. 3. To fence all producing wells, tanks and equipment and all other improvements with a protective fence at least fifty two inches (52") high with a 5 strand fence. If requested, leave a permanent fence around the location until grass is established. To notify the surface owner at least seven (7) days prior to entering upon the premises for drilling purposes and Basin's intention to drill. Execution of this agreement by the parties identified below shall serve as each party's consent to waive the mandatory fourteen (14) day notice, (should such rule apply), as set forth in Rule 1002.b of the Wattenberg Special Area Rules established by the Colorado Oil and Gas Conservation Commission. 5. To refrain from using permanent ground anchors. Psc \a - Kq4 Surface Damages Agreement Page 2 6. Each drillsite and access thereto shall be shotgun fenced or otherwise marked to ensure that vehicles and other equipment and personnel moving to and from the drillsite remain within a defined roadway or path and to avoid unnecessary surface disturbance and to prevent the intrusion of livestock upon the drillsite. 7. Restoration of the lands shall commence as soon as practicable after drilling and completion activities are concluded. Restoration shall be made as near as practicable to its condition when Basin first entered onto the lands. 8. Access to the wellsite shall be as shown on the attached plats (See Exhibit "A"). The tank battery/treater facilities shall be as shown on the attached Exhibit "A". Permanent access roads shall be approximately 15 feet wide. Basin agrees to construct the roads using a road base as necessary and install culverts to insure proper water drainage. Basin also agrees to maintain roads accessible for ingress and egress in and to any and all wellheads and tank battery/treater facilities. Basin agrees to maintain weed control along the access roads and around the tank battery/treater facility areas. 10. Notification of Basin's plans to recomplete or workover any well on the lands shall be given to Surface Owner 15 days prior to entering the lands with equipment. Basin shall use all reasonable efforts to coordinate any recompletion or workover of any well on the lands with Surface Owner so as not to interfere with normal farming and irrigation operations. Should the recompletion or workover operations on such well(s) cause the Surface Owner to lose cash crop on the lands, upon Surface Owner's proof to Basin or the actual dollar amount of crop loss from the lands directly caused by Basin's recompletion or workover activities, Basin will reimburse Surface Owner for actual dollar amount of crop loss from such lands, and repair or reimburse Surface Owner for any additional actual damages caused by its future operations. 11. Basin shall be responsiblefor damage to Surface Owner's water systems, livestock, and fences on the lands that may be caused as a direct result of Basin's drilling and completion operations. 12. Basin agrees to comply with all applicable federal, state and local laws, rules and regulations including, without limitation, environmental laws, in its use and enjoyment of the lands covered hereby. Surface Owner will not be held liable for any environmental damages caused as a direct result of Basin's drilling operations. 13. Basin agrees that all drillsites and pipelines shall be located at least one-half mile away from the Fort St. Vrain Nuclear Reactor Building. Surface Damages Agreement Page 3 14. Basin agrees that all drillsites and pipelines shall be located at least one-half mile away from the Independent Spent Fuel Storage Installation USFSI). This Surface Damages Agreement is intended to cover all damages which occur as the result of the location, drilling, completion, equipping and operation of the referenced well, including, but not limited to, Basin's re-entry upon the referenced lands for the purposes of recompletion or reworking operations on the referenced well. This Surface Damages Agreement is also intended to cover all surface damages occasioned by location and use of the access road to the well, location, use and servicing of tank batteries and flow lines or gas gathering lines on the referenced lands. Prior to the commencement of drilling operations for this well, Basin agrees to pay the surface owner the sum of Three Thousand Dollars ($3,000.00) as payment for surface damages relating to drilling and completion of any specific well and for the installation of the production equipment and flow line required for the production of oil and gas from that well. It is specifically understood that the $3,000.00 shall not cover any damages to existing growing crops at the drillsite resulting from Basin's operations. The intent of both parties is to base any crop damages on the selling price of specific crops on a per acre basis. It is Basin's obligation to reestablish a proper seedbed, or, in the case of perennial vegetation, to re -seed in accordance with the standards set forth by the USDA Soil Conservation Service for "critical area treatment" as described in Wattenberg Special Area Rules 1004.b.(2) as established by the Oil and Gas Conservation Commission of the State of Colorado unless specifically noted by P.S.C. to Basin. Execution of this Agreement by the parties identified below shall serve as each party's consent to waive the thirty (30) day notice as set forth in the Wattenberg Special Area Rules 1002.a as established by the Oil and Gas Conservation Commission of the State of Colorado. This Agreement shall be binding on any subsequent surface owner(s) and represents the full and complete agreement between the parties. Any additional provisions would have to be agreed to in writing by both the surface owner and Basin. • Surface Damages Agreement Page 4 See Exhibit "A" attached hereto and made a part of this Agreement. Signed: Steven A. Tracy, Agent for k io _ Basin Operating Company P.S.C. FARMS Ben R. Houston, Agent Tax I.D. ft S?'O?005i r7 Date: `> 74-( 0' 0 0 4,6 44.47/ N C3 C MON 55 6 ^l rt 14-71 +�� r _ .z .J p Recorded at—. Reception No. < �__," \ 1'''`, ' > r \'' DEC 1 sp re �' r�r ...../, >/,I..t!secori1S. i � ..1C..._I `::...... ANN SPOJ' 3 - -a:-,_ " ;/,h+\% /8>+\% DEED'aade thitN L i$•,.the. year o* ofre ,l td, bne thousand nine hundrecj, cI 9th day of !opec 1 eri F• - s ty f.ve '•�•• between V TACK LAND COMP Agent �R C Ni n lco oratz • "1dui o aced and'existing ` r der and by Virtue of tha SS o1 the Stn j f . Colorado , •.• ,. (c), >(; (•` v/ of the. first par ; cild OF C RA1� ` . p►NY OLtJ" \. , •\, ., / \ 2/ • '\ \ r •\\ . C\ • > Jr" :, • r'' .,;1,11/corporation duly organ. et` d existing under and by,tkirtfie of the laws of the State/ Colorado r.; second part; I ucisin..TI, kbSSET e hat -the said,party of.the i', can part, for and in siderr, •r • and Vaiu4bleconsideration and Ten and n0406 • TS • r r. .J , • (1i ()am'\ l' s ',`1 , of t of the •sum of Other ,good 6 DOLLARS :• N), (N)1 \ ,•. -_- . to the 'sa � party'a;the first part i '` and paid by the said Partyl` /`It`he.second.pnrt, the I ceip , dhereaf fa hereby confess Land acknowledged; hatby; anted, bargabled, sold and•.co iveyed; and. by'these -presets,-: es grant, bargain, v sell;:009y an4confi,rfa, unto theWig•party of the second pa L its succesors and' assigns ver, all the following ) gibed or parce1C1: ',- of land, situate, lying tar�`;e ,being in the .. -, pity of Weld - �;. ,�♦,,,ai1 _ State of Colorado, to-'�.,_' Trap 3 T , N s ,, palS:0 X6'7 W-. a 6th '. �'>, +,.,~ - . Sec . a _. /;\+,_. SsW1 Sec • j.4 ; %,; `SE �4SE�; Sec. 9 :%x.11 land lying ';> ≥st of the, Un0.5)4,, ♦,.> ~'`� ere . , Sec. 11Qi 7W�,.- ' Sec. :.,�,,, Pa+o�.f�.c �si2.x�oac� right-a.�--tasy~ � n SEA; -Seca Z4? That part of4'„,4 descrW.d as follows: _Ms ginning atthe northeast corer of said Sec';' = 4 , thence S : 1,64! West' -23et. , thence S , 045' E. 213 ft. 'tong fence line --:t, iron pipe•; l tfipnce N. 6900' : ,3 32- ft: along e e line to Corn ` post's thenci . 6045' E. 30M; ' ft . to raiiro �'-'tie placed in % Y -'fence iin+ ��r°'Yithence--•N.., 892 O.' ,;'E . 301.7 feet .o,\• he point of beginning; and fteher including e following:. 1044;:_"asement , approx : ate;ly 720 ft. (01i,:Ot of the nortl.ktiOt corner and z P$ oxixnateiy 40. g ">south of the,. ( ;` :+ forth line of thi NEB. of • Sec. 15ir;`\, p. 3 N. , Rant ': 7 W. of the 6tW;" <. e\\ <, I -F , :14 . , • togethe<g w .th • right of ' Y ktes•s and egre s.lad the right iyd '�' punp water : • \,'r well, ' and •pip.l'Ine over strip:=:,f/ land 10 I ft. wA the, 'north ..alie of . which is (4G7:ft. south of t 7'north line sof , ` m1/4 comm nlcsng at said we ;l and running weptNVto the west li e'o said NE7, -`)and all rights/ tlo that certain / igation well 4" Bated in the 1=brner of said p0-,#). 15. All gra r .' s interest i sand, to a ' \� i . ti i//�' `� '// /ri\�: , certa i well and pumps g plant located ).4n. the southeast)• , orner of the" pENE1/4 of said S,. -,4 10 as shown o -+/map recorded inipook 7 of n4 , page 38, We.1d,° ounty . records ;c>`:,`c ' O irrigation /�e.l s with pumps 'd motors the re,�• ('•J, 1 "and all cas ink" 'i pipelines an4' elated equiprnen � pertaining to a`i`d irrigation w41s, together wiSdwelling house\` d all other i *t;vements locat `4. pon / the WINE 1/4 cit' said Sec. 10 �'' ``;`� \ J 1 (mil ti6 Any and:() 1 ditch, Ovate'��ell, irri atici Fond reservoir�cs of �,1 g [ grant../;whether repre$eb,.- 'p ted by directropriations or) Interests in d± th, irrigation ck reservoir comp .es appertaininla')Ito the abcii& described pre_ %ses, including ;-hut not restrict&%€o 91 shares �"the capital st4,`� r of The Beema.r. , �ra•,.±rigating Ditc]$id Milling Com{ ( La ) ( i. i 1 l '- ' / . ( Cr ``cony; an undivi / one-half inteest in and to ; 'certain ditch and its approp ttions and prioti.-ties of irrigat can water known tom`:; \ Goose Quill pitch; together wa all oil and g..% and other mine,is in and un'e*Ny€he surface of,/,421 of said 1ands7.>:. *cept those ree ved by previouSJ/owners more specifically set forth below. 1` + //AN? `` / 0 ) \4/ ‘47.2 ♦ \, t) i. (. ♦ \\ > PUBLIC SERV'Z _ J r No. 994A. W1nY j?I�—�Ci rpoxatiaa to Corporation. rd Robinson• \i .-. Printing Company/ ( ♦ \ ') .\ .+ V ;4.45 Stout Street, Denver, Colorado<,; ,; \ t. `, .), / a S I/. "�_. .\LJ , + C O) \ \. .-' . '-'i ,\ coy \*:f'' ti i • is C‘N/2 \ / / /-��\/ </---._�,/r rp\`\/ /"'... � \ir ,/`� S\,i • \'b , Y . .• \ vO HAVE AND- TO •HOT$ \arh"e said premises above bi fined and described, wit}t;t `appurtenances unto the_(. .\/5✓ </�' T. -party -4)i 4,1ie'`second part l,s successors_ and assign t, ever. And the said '.' Val schaack 7 \ /,. /1•-•',? \? /; \) /i/)\ ;r,�j\/ ;hand Company, : J eat, 1. <; ; , 1 `:� { I l I (c) ) party of the first, for itself, its successors. -\ ,v. _ �� assigns, 'cloth covenant; ,��nt, 'bargain and agree tc, 4�i:� `�vath the said. party.: of the`6cond part, its successor' and,, assigns, that at the tirne-`Qf the ensealing and delivery of these (� prez:{ants } i7'. 'ell seile�i tff t3ie premises c�rnvey�ed, as of good;. �ur�,� v' cct,- absolute`and; indef0 ible. estate of inheritanc?, law, in fee simple, and 1,141:0:i. ►ood right, full ewer 4.4,14awful \` ,, ,,,,,,,,/ p authority to �zVant,\rgain, sell and convey t ime in manner and. fora• 4resaid,- and that the , sa `-ire free. and clear From. ornier..and other b's aing 'pales liens, taxes i essments and incunnbranceb-of whatever kind or nutur �oever grant?, �' _1 'pale's,. r � except re \ a ations of mire, �/a . rote_ ve sts as• p `et _ forth ,n the ollowing ,- 4g, ds recorded in Woks' and pages , teinafter set4�rth: . 'o' Book 1589 ; 181 ,/?5,..? > /a . Book 116 6/ \ eage 23 ect.,``l-v> . 5. Book 1.24 t page 579 3. Book 12 9 , )/)page 1 6, Book 1,41 44 ; page 349• and and and r- .\\ 1%\\ -',. I/` aS Ni I \ _,/ /\. /` O.; 'N., , --s `/ > , % .`,,`.; 7. Bp k 779; page 53.4;,1 ;\ /..1 except lghts of way got public roads aria' utilities of ,,record; �. ge . )i taxes far 19 •S payable in 196-6--cand subsequent:, -wears, <a C v) (<,/ <v speOtal improvement(4\istrict assess � its, if any, \^_ `,J _/ \-�/ /`•., .^ /'N. /•. �' /� /n.- 'NI' • \ •ter-% \\\> > \\> j/ \ D._/ �.: \ \ \ • \/‘%,, \``\ V t IN, `\ `\\r \\ \\\,/ l'.. \ -\5 �d <� d'I the above bargained pro n '&es in the quiet and peac bic possession of the sae 1 s party of the second part,-. /\ o />;f., .,on a . y claiming g, �,,5 c am he whole or any/, t i c _ 1\: ,i 'hereunto <succes ,ors and assigns rah all find every person z�� erfi s lawfully I 1 t thereof, the said party c tae first part shall and wV,WARR&NT AND FORE'L' %DEFEND. % / SIN W INES*, EREOF, The said part-'; ,f%` the first part bath ca .aN y/its corporate name to a , u ' preisident, and it? corporate ecu! to be hereunto a•ffixed, attested by its , ' ,CI NS, .s ci're u � r and year first above �v/r n. =%' f ') / '!r ( 1 / fir.. \ <r \\ - ' • • teAttea �. 4 ; V f- , `' t• A Nl �C K LAND P j ` a Colo- , < , � r"N 'IC' 1 1.J • � ✓ <•\Ji\ `� ../ \\ b 7 '' ) OGeacl \\ \,\�..r '' /l \ w`• \ \/ • `'\- /' C. v • • / \n CC7 _ (o s CNV V' -V < C1 1 \;•v/' /15 N, < .17s5 S'• r , • C. \ / I ; . ,I r < r, - TQGET with all and singular t�l \ lereditaments and tnppurtoances thereunto b-elongin .,��o,r in anywise V/ y appertaini isnd the reversion and rev. ons,'tcrnainder and rema5 dvrs, rent., issue's and prof Hereof • and all ../,.--, .`"•-- - l r \ -- -' • - - �\\).`'/. a •�. • the- esta �,\.±ight; title, interest, clairi -j d demand whatsoever of /t4trysaid party of the first pat either in law or equity, o 'in and to the above •bargai dd premises, With t'h& Eerec areents and. appurtenances. - . Book 1464;/ ge 340 F (/{\ }\r A ORO \ S. • i5 7<,') , <, ►5. ecrett'_ry, i / \\'I \J ) "s./ 1, S ypoti�r . t /1 \t • r--;4 'J. • . • • : ,".>, -i' .1 ittier f'; .\� , -J• ••1 r w 1 - 1 w \ ! :C\\` e - /ice'• ) •\/ • •F /`,\\� . c, STATE or COLORADO, i r •I • I• , g ity..'gni ,, .gonnty of...l. . \,j •„„ 'N> ,j, •C):•.i • <0./:7 ••M•• •.M9. •.. - M. -MIN \ GS. • • ;1 c 5 • 1 1- . }. 1 7--"••• i ; \�✓ ^ ``, - /—\ \> 1 :;�• 1,• IMO a t1Pr 4• `� .: • r- ' a notary ptib d in and for _said: v SO 0.1•01,•• jw..M.w.w.r{.w... M+• •.-+ I •N •.. • • {. .o •. •. • MM..wHM..aH•.•r.1y.•{. • •.w{•MNti.M....•-•I l Ni) • �"" Denver ^• Qo lit; in the ;State aforesa ,. -hereby certify that Pa l,•L.Le• , •( / . ✓ ( rte\. .•- C"""--?••• , •\ , . , , r� C. FA. F Se r • cat\ - /11t\te‘e ♦M I•'••.•••••••M••• a.1••I 6-40 ••»••-••.»V�\i••• M••w•ry•w.•-•••«•. ••l••M•••Osr•{I.M 0•�.. •.+'� "• ` \ on perswhose names are subscrzb4.2# the foregoing deed as hti," it I. <: c 1 • • r,l- i^ ' (C)) and secretary I, J-= , executed the sate respectively as •••••...•• {\.1 f • s•••....• Van...S skac -...Lra1•t _. mpaia --- , a erporation, and who are knaim to one to be \,1 �• `:� such offi espectively, appeared bet itife) me this day in person, ana everally acknowledged: 'pli 1the seal affixed ti C(< ,l ( 1. C 'i v , • to th€ fO regoing instrument is theCco poste seal of said corporation; that the same was thereunto affixed by the • N! ter \l, - / \, ``. `t,‘%/said. `\/ \I. '/ \_'`•, antiiority of said corporation cat said instrument was by \,7 ''authority subscribed with it,s corporate i\ ,• *{.�� ,� \ �}, �j .try`.. ,. „,-,,:,-.\ ,. 1 "Iaster ••...••.••• «, •1•E•,,:' .�.is the ....... ----�ti• ,;�.:.....•._secretary thereof; t t -by the• SM•••1 •—..•...•.• ......... a••••••••••••••••••-• J N. / C f' / /-- \ \ \ name; that the , t �;; \,,�/ /l • / j ._ \ / f\ authority of sal(eorporatiou they respectivp1�r subscribed their names tha$eio as ...president a ............._...m. secretarey. ancrthat they signed, sealed and delivered the said Instruraen't of writing as their free iM volunt ary, act „.tt 1 T f I `4> /f • ; ro free and voluz r y act and deed of said cor retion, for the uses and purposes therein. set forth. . I �`✓ ,-ter\, <.,,c7„,.:5„ f 1 i • iii'' '\` '\ ' \\\•� •i "\\ iven £t'4,tand 9S3'i i dap of �4 � _ .A D l9_� ? anal seal this.— ,, • �_, 1 f'� '7•[[�f �-M�� PIy•+.��♦►� r • t�.�:�s �> '\,, % Oc iw V b e 1 , O�' 7 19 49. '..� ' J `\ ``✓ +• ex,apt1 a• } ; --:\ ) .-`�•�\% /`-�\,' ♦ ."`•'-./' ff 1 J/) \ f ' <L , „�y J ••r Ois� �/ •.._._�__`".� .. •1/4 'v / , C • • N. ,1 .4 - ••``) \\ /r\ ,\/ <\\ / - . t Notary Public. X11 "\\„/ A ) , C/ c- / • \ '4 . •_w•. • z• Notice of Inquiry Weld County Department of Planning Services Pre -application Case # PRE24-0321 Date of Inquiry 12/13/24 Municipality Firestone CPA Name of Person Inquiring Jennifer Chester Property Owner Public Service CO of Colo (Xcel) Planner Diana Aungst Planner Phone Number 970-400-3524 Planner Email Address daungst@weld.gov Legal Description Section 10, T3N, R67W Parcel Number 120910000006 Nearest Intersection CR 34 and CR 19.5 Type of Inquiry Add two combustion turbines to Ft. St. Vrain The above person met with County Planning staff about developing a parcel of land inside your designated Intergovernmental Agreement/Coordinated Planning Agreement Boundary. Sri County Planner's signature Would you like to pursue annexation of this property? NO X YES Date of Contact 4/17/25 Comments: Outside of Firestone' s planning area per IGA with Platteville Digitally signed by Pamela Howard DPI C=US E=phoward@firestoneco gov O=Town of Firestone CH=Pamela Howard Pamela Howard Reason lam approving this document Date 2025 04 17 14.13 06-06' 00' Planning Manager 4/17/25 Signature of Municipality Representative Title Date Please sign and date to acknowledge that the applicant has contacted you and return this signed form to Weld County Department of Planning Services. Department of Planning Services 1402 N 17th Ave, PO Box 758, Greeley, CO 80632 970-400-6100 I www.weld.gov 20230310 Notice of Inquiry Weld County Department of Planning Services Pre application Case # PRE24-0321 Date of Inquiry 12/13/24 Municipality Johnstown CPA Name of Person inquiring Jennifer Chester Property Owner Public Service Co of Colo (Xcel) Planner Diana Aungst Planner Phone Number 970-400-3524 Planner Email Address daungstweld.gov Legal Description Section 10, T3N, R67W Parcel Number 120910000006 Nearest Intersection CR 34 and CR 19.5 of Inquiry Add two combustion turbines to Ft. St. Frain Type The above person met with County Planning staff about developing a parcel of land inside your designated Intergovernmental Agreement/Coordinated Planning Agreement Boundary. z%.\ Cyc County Planner's signature Would you like to pursfrinnexatian of this property? NO YES Date of Contact itufi34 Comments: I i I \AIM 16,V%g. 6 b YzA7i- ri-iitei %•itc Ili • ?click's ektietel4 6,1\7 Lk eht liA coriyitischovi . Intitpi4U 4 til,(42,,% :� •' e • r r�'tative Title SA, Dateiet Please sign and date to acknowledge that the applicant has contacted you and return this signed form to Weld County Department of Planning Services. Department of Planning Services 1402 N 17th Ave, PO Box 7587 Greeley, CO 80632 970-400-6100 I www.weld.gov 20230310 Notice of Inquiry Weld County Department of Planning Services Pre -application Case # PRE24-0321 Date of Inquiry 12/13/24 Municipality Mead CPA Name of Person Inquiring Jennifer Chester Property Owner Public Service CO of Colo (Xcel) Planner Diana Aungst Planner Phone Number 970-400-3524 Planner Email Address daungstAweld.gov Legal Description Section 10, T3N, R67W Parcel Number 120910000006 Nearest Intersection CR 34 and CR 19.5 Type of Inquiry Add two combustion turbines to Ft. St. Drain The above person met with County Planning staff about developing a parcel of land inside your designated Intergovernmental Agreement/Coordinated Planning Agreement Boundary. County Planner's signature Would you like to pursue apnexation of this property? NO Date of Contact 4/il ia Comments: otH ;,()Aileile, ,rivtito YES ��✓.; af✓frie,d 0.4 icfcifRkl of the phboOeC 9-1/gar Signature of Municipality Representative Title Date Please sign and date to acknowledge that the applicant has contacted you and return this signed form to Weld County Department of Planning Services. Department of Planning Services 14O2 N 17th Ave, PO Box 758, Greeley, CO 80632 970-400-6100 I www.weld.gov 20230310 Notice of Inquiry Weld County Department of Planning Services Pre -application Case # PRE24-0321 Date of Inquiry 12/13/24 Municipality Milliken CPA Name of Person Inquiring Jennifer Chester Property Owner Public Service CO of Colo (Xcel) Planner Diana Aungst Planner Phone Number 970-400-3524 Planner Email Address daungst@weld.gov Legal Description Section 10, T3N, R67W Parcel Number 120910000006 Nearest Intersection CR 34 and CR 19.5 Type of Inquiry Add two combustion turbines to Ft. St. Vrain The above person met with County Planning staff about developing a parcel of land inside your designated Intergovernmental Agreement/Coordinated Planning Agreement Boundary. Sri County Planner's signature Would you like to pursue annexation of this property? NO YES Date of Contact 4.16.25 Comments: Milliken will be interested to review the tranportation plan when the project is submitted. Thank you. Community Development Dir, 4.16.25 Signature of Municipality Representative Title Date Please sign and date to acknowledge that the applicant has contacted you and return this signed form to Weld County Department of Planning Services. Department of Planning Services 1402 N 17th Ave, PO Box 758, Greeley, CO 80632 970-400-6100 I www.weld.gov 20230310 Notice of Inquiry Weld County Department of Planning Services Pre -application Case # PRE24-0321 Date of Inquiry 12/13/24 Municipality Platteville CPA Name of Person Inquiring Jennifer Chester Property Owner Public Service CO of Colo (Xcel) Planner Diana Aungst Planner Phone Number 970-400-3524 Planner Email Address daungst@weld.gov Legal Description Section 10, T3N, R67W Parcel Number 120910000006 Nearest Intersection CR 34 and CR 19.5 Type of Inquiry Add two combustion turbines to Ft. St. Vrain The above person met with County Planning staff about developing a parcel of land inside your designated Intergovernmental Agreement/Coordinated Planning Agreement Boundary. Sri County Planner's signature Would you like to pursue annexation of this property? NO X YES Date of Contact 4/15/2025 Comments: While this property is in our urban growth area, therequest is just an amendment to the pre-existing Fort St. Vrain Generating Station. The Town has no concerns with the addition of the two turbines. Town Planner 4/25/2025 SignaturQ?of Municipa y Representative Title Date Please sign and date to acknowledge that the applicant has contacted you and return this signed form to Weld County Department of Planning Services. Department of Planning Services 1402 N 17th Ave, PO Box 758, Greeley, CO 80632 970-400-6100 I www.weld.gov 20230310 Weld County Treasurer Statement of Taxes Due Account Nurnber 80282587 Parcel 120910000006 Legal Description Sites Address 21 173 ALL SEC 10 3 67 (16R8S1 L1') 9379 COUNTY ROAD 34 WELD Account: R0282587 PUBLIC SERVICE CO OF COLO TAX SERVICE DEPARTMENT PO BOX 1979 DENVER, CO 80201-1979 Year f,r\ Il1;t'f �.5t Fees Payments Balance Grand Total Due as of 04`10;2025 $0.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1 TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH Weld County Treasurer's Office 1400 N 17th Avenue PO Box 458 Greeley, CO 80632 Phone: 970-400-3290 rr��he Set t Pursuant to the Weld County Subdivision Ordinance. the attached Statement of Taxes Due issued by the Weld County Treasurer are evidence that as of this date, all current and prior year taxes related to this parcel have been paid in full. Signed: Hello