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Enron Mail |
See my comments [in red] below.
Fred "Way, Karen S. - CHI" <karen.way@piperrudnick.com< on 09/21/2000 05:15:36 PM To: "'rusty.stevens@enron.com'" <rusty.stevens@enron.com<, "'fred.mitro@enron.com'" <fred.mitro@enron.com<, "'kay.mann@enron.com'" <kay.mann@enron.com< cc: "Gershon, Mark A. - CHI" <Mark.Gershon@piperrudnick.com< Subject: livingston county proposed conditions to special use Following are the proposed conditions to special use which we will be submitting to the County for their review and attachment to the final zoning approvals. Please review and discuss any comments with me or Mark Gershon. PROPOSED CONDITIONS TO SPECIAL USE FOR LIVINGSTON ENERGY CENTER (the "Facility") TITAN LAND DEVELOPMENT CO., L.L.C. ("Titan") SOUTHEAST INTERSECTION OF 1400 N. AND 1700 E. ROADS (the "Property") 1. The operation of the Facility shall satisfy all Illinois Environmental Protection Agency noise pollution requirements. 2. Titan shall enter into a roadway agreement with the County and Township Highway Commissioners under which Titan assumes responsibility for repair of, maintenance of, and debris removal on Township and County roadways during construction of the Facility. 3. Contingent upon all property owners' written approval being secured, Titan shall have installed at most four monitoring wells on at most four properties within one and one-half miles surrounding the Property. One monitoring well each shall be installed on a property to the north, south, east, and west. Titan shall monitor well levels on each of the properties on a quarterly basis and shall make such monitoring information available to the County Engineer at his request for five years following issuance of the final Certificate of Occupancy. If no adverse impact due to the operation of the Facility is found during the first five year monitoring period, then Titan shall monitor well levels for each of the properties two (2) times per year and shall make such monitoring information available to the County Engineer upon his request for the life of the Facility. 4. The [delete maximum] number of power generating units shall be limited to a maximum of ten (10). 5. Titan shall have repaired or replaced any drainage tile broken on the Property during construction and operation of the Facility that would adversely impact any surrounding property owner. 6. The site plan for the Facility shall allow no greater than forty percent (40%) of the site's total acreage to be developed with non-landscaped areas, open space, or agricultural uses [I don't think this is quite correct -let's discuss] 7. Upon permanent cessation of use of the Facility as an electric generation facility, Titan shall remove all above ground buildings, equipment, footings, appurtenances and structures, including accessory buildings and equipment. 8. Titan shall make those stormwater improvements identified on the attached Stormwater Management Plan. Additionally, a) upon adoption by Pontiac Township and Eppards Point Township of the Area-wide Stormwater Management study prepared by Farnsworth & Wylie (the "Study") for the Property and the surrounding area and b) upon written agreement to proceed with the stormwater management improvements identified in the Study by those property owners whose properties are identified by the Study as requiring stormwater management improvements, Titan shall commit to make those stormwater management improvements identified in the Study for the Property. Titan shall provide a corporate guaranty to the County in the amount of fifty-five thousand dollars ($55,000) with a C.P.I. escalator as security for making those stormwater management improvements identified in the Study for the Property. Titan shall construct such improvements contemporaneously with other such improvements being completed in the Study area. 9. Construction of each phase of the Facility from initiation to completion is estimated to require from six (6) to twelve (12) months subject to weather constraints, acts of God, materials availability, strikes and other labor issues, changes in regulations affecting development and construction, and other constraints not within the control of Titan. Within twelve months following issuance of the final Certificate of Occupancy all improvements shall be completed and all construction equipment and trailers shall be removed. Karen S. Way Piper Marbury Rudnick & Wolfe 203 N. LaSalle Chicago, Illinois 60601 email: karen.way@piperrudnick.com (ph) 312-368-2152 (fax) 312-630-6347 ____________________________________________________________________________ The e-mail address and domain name of the sender changed on November 1, 1999. Please update your records. The information contained in this communication may be confidential, is intended only for the use of the recipient named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and delete the original message and any copy of it from your computer system. Thank you. For more information about Piper Marbury Rudnick & Wolfe, please visit us at http://www.piperrudnick.com/ ____________________________________________________________________________
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