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Home My WebLink About20253429 Docusign Envelope ID: 1 AE16BFD-835F-4F9C-B7A3-A891 E43BE395 Use by Special Review (USR) Application Planning Department Use: Date Received: Amount$ Case#Assigned: Application Received By: Planner Assigned: Property Information Is the property currently in violation? x❑ No / ❑ Yes Violation Case Number: Parcel Number State Owned Lands Tax Parcel Number 055536000011 Site Address: TBD Legal Description: SOUTH HALF (S1/2) Section: 36, Township 8N N, Range 67W Zoning District: A Acreage: 39 Within subdivision or townsite? ❑x No/ ❑ Yes Name: Water (well permit#or water district tap #): None Sewer (On-site wastewater treatment system permit# or sewer account#): None Floodplain No/ ❑ Yes Geological Hazard Z No/ ❑ Yes Airport Overlay Z No/ ❑ Yes Project USR Use being applied for: Battery Energy Storage Project Name of proposed business: Weld Energy Storage Project Property Owner(s) (Attach additional sheets if necessary.) Name: Colorado State Land Board Company: POC: David Rodenberq Phone #: (720) 854-3328 Email: david.rodenberq( state.co.us Street Address: 1127 Sherman Street, Suite 300 City/State/Zip Code: Denver, CO 80203 APPLICANT/AUTHORIZED AGENT (Authorization Form must be included if there is an Authorized Agent) Name: Dexter Liu Company: Weld Enemy Center, LLC Phone #4925) 200-7299 Email: dexter.liu(anexteraenergy.com Street Address:700 Universe Boulevard City/State/Zip Code: Juno Beach, FL 33408 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, or 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 ;.#e4egabauthority to sign for the corporation. 3Aa n3oorro24\a.._ 05/7/25 Signature Date Signature Date Dexter Liu Print Print Departments of Planning . -'',,-- Building, Development Review `t 11,,.,, and Environmental Health Ir ' mil, 1402 North 17TH Avenue P.O. Box 758 + `,`� I r� Greeley, CO 80632 Authorization Form 1, (We), Colorado State Land Board , give permission to Weld County Storage, LLC (Owner—please print) (Authorized Agent/Applicant—please print) to apply for any Planning,Building,Access,Grading or OWTS permits on our behalf,for the property located at (address or parcel number) below: Tax Parcel Number 055536000015 Legal Description: South 1/2 of Section 36 , Township 8 N, Range 67 w Subdivision Name: Lot Block Property Owners Information: Address: 1127 Sherman Street Suite 300 Denver, CO 80203 Phone: 720.854.3328 E-mail: david.rodenberg@state.co.us Authorized Agent/Applicant Contact Information: Address: Dexter Liu Phone: 925-200.7299 E_Mail: dexter.liu@nexteraenergy.corn Correspondence to be sent to: Owner Authorized Agent/Applicant X by: Mail_ Email X Additional Info:Authorization form is specific to State Land Board production lease 117300 I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this document,that the information stated above is true and correct to the best of my (our) knowledge. /� `�• 1.,GJ4� t�i Date 1'� �� 1_ Date �, Oci-,--) �`3i�htu e' R ex7`i TCJ Owner Signature i Subscribed and sworn to before me this ', OL day of a QV , 20 by UlarU 'CC1 s L iD it . - My commission expires 1 ID Notary Pu .c SHERRY LEE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20034013043 MY COMMISSION EXPIRES NOVEMBER 10,2026 Docusign Envelope ID:096B79C4-7BC3-4DB7-9D6A-E31BD7D3B955 Departments of Planning 86_ Building, Development Review and Environmental Health 1, V, r ! _ 1402 N 17TH Avenue r! ' . P.O. Box 758 Greeley, CO 80632 Authorization Form I, (We), Colorado State Land Board , give permission to Weld Energy Storage, LLC (Owner— please print) (Authorized Agent/Applicant—please print) to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at(address or parcel number) below: Tax Parcel Number 055536000015 Legal Description: South 1/2 of Section 36 , Township 8 N, Range 67 W Subdivision Name: Lot Block Property Owners Information: Address: 1127 Sherman Street, Denver CO 80203 Phone: (720) 854-3328 E-mail: david.rodenberg@state.co.us Authorized Agent/Applicant Contact Information: Address: Dexter Liu Phone: (925) 200-7299 E-Mail: dexter.liu@nexteraenergy.com Correspondence to be sent to: Owner Authorized Agent/Applicant X by: Mail Email X Additional Info:Authorization Form is specific to State Land Board Production Lease 117300 I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this document, that the information stated above is true and correct to the best of my (our) knowledge. -DocuSigned by. P"a rbitlAbGrO Date September 22, 2025 --E9F88QF5519E421_. Owner Signature STATEMENT OF AUTHORITY Pursuant to C.R.S.§38-30-172,the undersigned executes this Statement of Authority on behalf of Weld Energy Storage, LLC ,a limited liability company (corporation, limited liability company,general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association,government agency,trust or other), an entity other than an individual, capable of holding title to real property(the "Entity"), and states as follows: The name of the Entity is Weld Energy Storage, LLC and is formed under the laws of Delaware The mailing address for the Entity is 700 Universe Boulevard.Juno Beach, Florida 33408 The name and/or position of the person authorized to execute instruments conveying, encumbering,or otherwise affecting title to real property on behalf of the Entity is Dexter Liu The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows(if no limitations, insert"None"): None EXECUTED this / day of !r`ki ,20 2 . p'`� t Signature: Le-As Lc_ Name(printed): Dexter Liu Title (if any): Assistant Vice President STATE OF Ronda ) )SS. l COUNTY OF PLO ) The foregoing instrument was acknowledged before me this ! da of t ibui 20 2 by , ,' I L\1k , on behalf of e 8. St00 r 1.i U-C. ,a \el�-€,tei .. '1i0o(f t Dvv }&4IJJ J Witness my hand and official eal. �-V h 1 ,, . L My commission expires: 2-1P (Date) (Notary Publi ) l J [SEAL] ALEXA NRA PATTEE GUINART • Notary Public gya,� ,F- State of Florida !�;;'. CommiMM507190 "t 4. Expires 7/24/2026 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING I, Jena Griswold, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, Weld Energy Storage,LLC is an entity formed or registered under the law of Delaware ,has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20248096848 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 12/02/2024 that have been posted, and by documents delivered to this office electronically through 12/04/2024 @ 09:10:50 . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 12/04/2024 @ 09:10:50 in accordance with applicable law. This certificate is assigned Confirmation Number 16774025 . I,,-,- //rk' ,.. 11 l I// VVJ - 11 l/'�� /VI 4 1 elb c... , I w it �f� SANE P3U �� I+p�1� sjelY19`5,/j/fit/O-042/06 ,,,,,,,,,••/ Secretary of State of the State of Colorado *********************************************End of Certificate******************************************** Notice: A certificate issued electronically from the Colorado Secretary of State's website is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of State's website, https://www.coloradosos.gov/biz/CertificateSearchCriteria.do entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our website, https://www.coloradosos.gov click"Businesses,trademarks,trade names"and select"Frequently Asked Questions." Delaware Page The First State I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF FORMATION OF "WELD ENERGY STORAGE, LLC", FILED IN THIS OFFICE ON THE SECOND DAY OF OCTOBER, A.D. 2024, AT 3:08 O'CLOCK P.M. _15aa�s ck JarImo EILFIlacli.Sit-velar/al Stoll 5372496 8100 t' ,, $` Authentication: 204542455 SR#20243848515 ' s Date: 10-02-24 You may verify this certificate online at corp.delaware.gov/authver.shtml STATE OF DELAWARE LIMITED LIABILITY COMPANY CERTIFICATE OF FORMATION OF WELD ENERGY STORAGE, LLC The undersigned, an authorized natural person, for the purpose of forming a limited liability company under the provisions and subject to the requirements of the laws of the State of Delaware (including Chapter 18, Title 6 of the Delaware Code and the acts amendatory thereof and supplemental thereto, and known, identified, and referred to as the "Delaware Limited Liability Company Act"), hereby certifies that: FIRST: The name of the limited liability company (hereinafter called the "limited liability company") is Weld Energy Storage, LLC. SECOND: The address of the registered office and the name and address of the registered agent of the limited liability company required to be maintained by Section 18-104 of the Delaware Limited Liability Company Act are: NextEra Registered Agency, LLC 1100 N. Market Street, 4th Floor Wilmington, Delaware 19890 Executed this day, October 2, 2024. r J , By3 Jason B. Pear An Authorized Person State of Delaware Secretary of State Division of Corporations Delivered 03:08 FM 10/0212024 FILED 03:08 PM 10/02/2024 SR 20243848515 - FileNumber 5372496 BURNS `MEDONNELL. 111 Use by Special Review (USR) With Solar Energy Facility [SEF] Supplement Submitted to Weld County, Colorado Weld Energy Storage, LLC. Weld Energy Storage Facility Project No. 145093 3/7/2025 Use by Special Review (USR) With Solar Energy Facility [SEF] Supplement Weld Energy Storage Facility Prepared for Weld Energy Storage, LLC. Subsidiary of NextEra Energy Resources, LLC 700 Universe Blvd. Juno Beach, FL 33408 Submitted to Weld County, Colorado Prepared by Burns & McDonnell Engineering Company, Inc. 9785 Maroon Circle, Suite 400 Centennial, Colorado 80112 BMcD Project No. 145093 3/7/2025 Weld Energy Storage Facility March 7,2025 Diana Aungst Weld County Planning and Zoning Department 1555 N 17th Avenue Greeley, CO 80631 RE: Use by Special Review with Solar Energy Facility Supplement Application for the Weld Energy Storage Project Dear Ms.Aungst: Weld Energy Storage,LLC(Weld Energy Storage)is applying for a Use by Special Review(USR) Permit for the proposed Weld Energy Storage Project(Weld Energy Storage, or Project),which includes a battery energy storage system(BESS)with the capability to deliver 100 MW of power for 4 hours. The Project is situated on approximately 39.1 acres of public land(Project Area),roughly 2.5 miles west of the town of Pierce. The Project Area is within a 320-acre parcel owned by the State of Colorado (Permitting Boundary).Weld Energy Storage will interconnect via a 230-kilovolt(kV) generation tie-in (gen-tie)to the Platt River Power Authority(PRPA) system at a future substation located generally to the west of the Project. The location of the Project is shown in Figure 1 and is described in Table 1. Table 1: Project Location Location Identifier Project Location Address TBD Legal description 23883B S2 36 8 67 (4R); Section 36,Township 8 North,Range 67 West Approximate latitude and longitude center point 40.6146699, -104.8479517 WGS84 Weld County Parcel Number 055536000011 The Weld County Planning and Building Department requested Weld Energy Storage submit a USR Application with a Solar Energy Facility(SEF) Supplement based on the USR Procedural Guide and USR for SEF Supplement checklists. A pre-application meeting was held June 15,2022(PRE22-0133) associated with a larger footprint solar and BESS project;however,this application reflects a stand-alone BESS project only. The application components in the USR Procedural Guide and USR for SEF Supplement checklists are listed in the tables below. Items applicable to the Project are submitted with this letter as separate documents in PDF format in the order outlined in Tables 2 and 3. Owner/Applicant Preparer/Consultant: Weld Energy Storage,LLC. Burns&McDonnell Engineering Company,Inc. Nathan Keiser,Project Developer Jennifer Guigliano,Project Manager 700 Universe Boulevard 9785 Maroon Circle, Suite 400 Juno Beach, FL 33408 Centennial, Colorado 80112 Phone: (720)439-0244 Phone: (619)200-8148 Project: Weld Energy Storage Project ADDRESS TBD Weld Energy Storage, LLC Burns&McDonnell Weld Energy Storage Facility Figure 1: Project Vicinity )1, '--- - .5-1\q_fr7 y _,sli. - 1—"J t • 1 t,i ��s.,. s, _ c Ilb".. -1( \ i. lial,.. ,I,,...,,t ' t‘ ..' - '..--.'L-1 Y-7' kt 46A-kkkr‘*1*(' ' 1 4 .. ...,„1„ir --, ,,,, ... . N_... . .4 1...:I. ''. S-\-'''4i i 11 - II? _ 1, , ,t, , ...,01.;J , f 2,, ...- i k,* 1`.., ) :i,.w...:,g,A \ \ , li. Low ,.,.. ,..,...,,,e fiti I , \ .1.4113; ,sic �� o T' _ ::-.\-VI -1 elt, C..\L'i ' ;s i.-----.. 3 : k\ ./ .. ( p. — • r, --- - . ,-- ' 1 L...‘,571 C 0 --";.' .4 (\ ) 1 \\\ ._1 , \ c'-->j A') Figure A-i:Project Location Scale 124 030 Weld County BESS Project.Weld BESS,LLC.-Weld County.Colorado /\ o.c.s ve,na,M.,,,,.n. CPWeb]BESS.LLC.ESRI, Permitting Boundary uses Q Project Area Boundary 2,000 1,000 0 2,000 — L Scale in Feet �BURNS &M:DONNELL Weld Energy Storage, LLC Burns&McDonnell Weld Energy Storage Facility TABLE OF CONTENTS Page No. WELD COUNTY USR WITH SEF SUPPLEMENT PERMIT REGULATION INDEX V APPLICATION FORM 1-1 AUTHORIZATION FORM 1-3 ARTICLES OF ORGANIZATION OR INCORPORATION DOCUMENTS. INCLUDE STATEMENT/DELEGATION OF AUTHORITY DOCUMENTATION 1-5 1.0 PLANNING QUESTIONNAIRE 1-8 2.0 PUBLIC WORKS QUESTIONNAIRE 2-1 3.0 PRELIMINARY DRAINAGE STUDY/NARRATIVE 3-1 4.0 TRAFFIC NARRATIVE 4-1 5.0 ENVIRONMENTAL HEALTH QUESTIONNAIRE 5-1 6.0 WATER SUPPLY 6-1 7.0 SEWAGE DISPOSAL 7-1 8.0 NOISE STUDY 8-1 9.0 WASTE HANDLING PLAN 9-1 10.0 DUST ABATEMENT PLAN 10-1 11.0 ENGINEERING, DESIGN, AND OPERATIONS PLAN 11-1 12.0 NUISANCE ABATEMENT PLAN 12-1 13.0 DEVELOPMENT STANDARDS STATEMENT 13-1 14.0 WEED MITIGATION PLAN 14-1 15.0 ALTERNATIVES STATEMENT 15-1 16.0 STATEMENT OF TRANSPORTATION CONSTRUCTION IMPACTS 16-1 17.0 LIGHTING PLAN 17-1 18.0 DECOMISSIONING PLAN 18-1 19.0 OWNERS AND INTERESTS IN THE SUBJECT PROPERTY 19-1 20.0 SECURITY 20-1 Weld Energy Storage, LLC TOC-1 Burns&McDonnell Weld Energy Storage Facility LIST OF TABLES Page No. Table 1: Project Location 1 Table 2: USR Procedural Guide Checklist Requirements v Table 3: USR for Solar Energy Facility (SEF) Supplement Requirements Checklist vii Table 4: Project Impacts 1-10 Table 5: Construction Timeline 1-13 Table 6: Permit Matrix 1-20 Table 7: Typical Construction Personnel and Equipment 4-1 Table 8: Colorado Noxious Weeds 14-2 Table 9: Persons/Entities with Interest 19-1 Weld Energy Storage, LLC TOC-3 Burns&McDonnell Weld Energy Storage Facility List of Abbreviations LIST OF ABBREVIATIONS Abbreviation Term/Phrase/Name Applicant Weld Energy Storage, LLC AC Alternating Current AN Audible Noise APCD Air Pollution Control Division APEN Air Pollutant Emissions Notice BESS Battery Energy Storage System BGEPA Bald and Golden Eagle Protection Act of 1940 BLM Bureau of Land Management BMP Best Management Practice Burns&McDonnell Burns&McDonnell Engineering Company, Inc. CDPHE Colorado Department of Public Health and Environment CDWR Colorado Division of Water Resources CFR Code of Federal Regulations CGS Colorado Geological Survey CNHP Colorado Natural Heritage Program CO Colorado CPW Colorado Parks and Wildlife CR County Road CRP Conservation Reserve Program CRS Colorado Revised Statutes CSLB Colorado State Land Board CWA Clean Water Act dBA A-weighted Decibels DC Direct Current DOT Department of Transportation EPA Environmental Protection Agency ESA Endangered Species Act of 1973 FAA Federal Aviation Administration FEMA Federal Emergency Management Agency FHWA Federal Highway Administration FSA Farm Service Agency Gen-tie Generation Tie-In Weld Energy Storage, LLC i Burns&McDonnell Weld Energy Storage Facility List of Abbreviations Abbreviation Term/Phrase/Name HVAC Heating Ventilation and Air Conditioning Ifs Isolated Finds IPaC Information,Planning, and Conservation System kV Kilovolt LLC Limited Liability Corporation Ma Mega Annum MBTA Migratory Bird Treaty Act of 1918 MW Megawatts NA Not Applicable NextEra NextEra Energy Resources,LLC NHD National Hydrography Dataset NIEHS National Institute of Environmental Health Sciences NRCS Natural Resources Conservation Service NRHP National Register of Historic Places NTP Notice-to-Proceed NWI National Wetlands Inventory OAHP Office of Archaeology and Historic Preservation O&M Operations and Maintenance ORRI Overriding Royalty Interest PFYC Potential Fossil Yield Classification PPA Power Purchase Agreement PRPA Platt River Power Authority PUD Planned Unit Development RUSLE Revised Universal Soil Loss Equation ROW Right-of-Way SAM Species Activity Mapping SCADA Supervisory Control and Data Acquisition SEF Solar Energy Facility SHPO State Historical Preservation Office SPCC Spill Prevention, Control, and Countermeasures SWMP Stormwater Management Plan TMDL Total Maximum Daily Loads USACE U.S.Army Corps of Engineers USFWS U.S.Fish and Wildlife Service Weld Energy Storage, LLC ii Burns&McDonnell Weld Energy Storage Facility List of Abbreviations Abbreviation Term/Phrase/Name USGS U.S. Geological Survey USLE Universal Soil Loss Equation USR Use by Special Review WAPA Western Area Power Authority WOTUS Waters of the United States WQCC Water Quality Control Commission Weld Energy Storage, LLC iii Burns&McDonnell Weld Energy Storage Facility List of Abbreviations THIS PAGE INTENTIONALLY LEFT BLANK. Weld Energy Storage, LLC iv Burns&McDonnell Weld Energy Storage Facility Index and Checklists WELD COUNTY USR WITH SEF SUPPLEMENT PERMIT REGULATION INDEX The Weld County USR application package for the proposed Weld Battery Energy Storage System (BESS)Project has been prepared consistent with the USR and SEF Supplement Procedural Guide Application Submittal Requirements(Tables 2 and 3). The following indices has been provided to direct the reader to the sections of this USR Application to correlate to the Weld County Code Chapter 23, Article 2,Division 4 and Article IV,Division 15 and associated criteria for approval or denial. Table 2: USR Procedural Guide Checklist Requirements Required Information Location Planning Requirements Checklist Application Form. Incorporated Authorization Form,if applicable Incorporated Deed identifying the surface estate ownership interest in the property and relevant State Lands Lease; Lease documents. Appendix B Articles of Organization or Incorporation documents if the owner is a Appendix E business entity. Include Statement/Delegation of Authority documentation. Not applicable; Trustee documents if the owner is a Trust. Owner is not a Trust A Certificate of Conveyances(COC)prepared by a Title Company. Once Not Applicable signed,the COC expires within 30 days. A signed Statement of Taxes from the County Treasurer showing no Not Applicable; delinquent property taxes for subject property.The Statement shall be from State Lands Only the current tax year. Completed Planning Questionnaire. Section 1.0 Draft USR map. Appendix C&D Lighting Plan following the standards set forth in Section 23-2-250.D,if Section 17.0 applicable. Landscape and Screening Plan detailing the existing and proposed landscaping, Not Applicable; property maintenance,installation schedule,irrigation method,security and/or Security only privacy fencing,trash enclosure,portable toilet screening,etc.if applicable. fencing described p y g' g' in narrative. Appendix A, Soil Report of the site prepared by the Natural Resource Conservation Service or a Figure 11; soils engineer. Appendix C, 1000ft Soils Exhibit Communication or Decommissioning Plan,if applicable. Section 18.0 Appendix I Weld Energy Storage, LLC v Burns&McDonnell Weld Energy Storage Facility Index and Checklists Required Information Location To be provided Emergency Contact Form. prior to construction Notice of Inquiry(NOI)Form from a municipality or municipalities if the site is located within an Intergovernmental Agreement(IGA)boundary or a Coordinated Not Applicable Planning Agreement(CPA)boundary,if applicable. Buffer Report,signed,of the names,addresses and parcel numbers of the surrounding property owners within 500 feet of the property. Once signed,the Appendix E buffer report expires within 30 days. Community meeting sign-in sheet,minutes,and summary(optional). Not Applicable The names and addresses of any owner,operator of any oil and gas facilities, irrigation ditches/laterals,pipelines,overhead lines,railroad,etc.on the property,if Section 19.0 applicable. A copy of any Surface Use Agreement with mineral owners associated with the Applicable;in subject property,stipulating that the oil and gas activities on the subject property progress and will have been adequately incorporated into the design of the site in accordance with be obtained prior to Section 23-2-160.Z. hearings Application fee.A 50%investigation fee is required if this application is in $2,500.00 response to a violation. Development Review Checklist Completed Public Works Questionnaire. Section 2.0 Section 3.0 A Preliminary Drainage Report or Drainage Narrative. Appendix G A Traffic Impact Study(or Traffic Narrative). I Section 4.0 MS4 Requirements, if applicable. (A Preliminary drainage report providing water quality will be required for the completeness review if the project site falls Not Applicable within an MS4 area.) Environmental Health Requirements Checklist Completed Environmental Health Questionnaire. Section 5.0 Water Supply Documentation.Example:A letter or bill from a water district or municipality,or a well permit or permit application from the State Division of at Applicable Water Resources.Provide a statement if upgrading the water source from agricultural or residential usage to commercial or industrial. Sewage Disposal Documentation.Example:An On-site wastewater treatment Not Applicable system permit or application or bill from a sanitary sewer district. Noise Study including a noise abatement plan documenting the methods to be Section 8.0 utilized to meet the applicable noise standard,as determined by Environmental Appendix H Health. Waste Handling Plan,as determined by Environmental Health. Section 9.0 Dust Abatement Plan,as determined by Environmental Health. Section 10.0 TBD; Engineering,Design and Operations Plan,as determined by Environmental Health. Section 11.0 Weld Energy Storage, LLC vi Burns&McDonnell Weld Energy Storage Facility Index and Checklists Required Information Location Nuisance Abatement Plan(pest,manure,etc.),as determined by Environmental Section 12.0 Health. Preliminary Traffic Impact Analysis Requirements A preliminary traffic impact analysis shall be submitted with the project Section 4.0 application for the application to be considered complete. Table 3: USR for Solar Energy Facility(SEF) Supplement Requirements Checklist Required Information I Location Supplement Application Items Development Standards Statement. Section 13.0 USR Plot Plan: the proposed location of the SEF,support structures,related improvements,and equipment.Include distances from the SEF to the property lot lines,above-ground power lines and other structures.Distances Appendix D to residential structures in the vicinity.Areas of vegetation and landscaping to be added,retained,replaced or removed. Elevation drawings of the proposed facility showing structures,fencing, Appendix D; equipment,and other improvements related to the facility,including specific Elevation Drawing materials,placement and colors. Dust and Weed Mitigation Plan.A description of those methods by which dust Section 10.0 emanating from the proposed SEF and the weeds growing upon the impacted area Section 14.0 will be mitigated. In Process with Platt River Power Utility Company Interconnection Agreement. If proposing to interconnect to a Authority;a Letter utility company,copy of a"letter of intent to interconnect"or interconnection of Intent will be agreement signed by the utility company. provided prior to the hearings Alternatives Statement.Reasonable alternatives to the proposed location shall be adequately assessed,and the proposed action shall be consistent with the best Section 15.0 interests of the people of the County and shall represent a balanced use of resources in the affected area. Statement of Transportation Construction Impacts. Section 16.0 Surface Drainage Analysis. Section 3.0 Appendix G A Decommissioning-Reclamation Plan. Section 18.0 Appendix I Landscaping Plan and/or Fencing Plan,if proposing encroachment into five Not applicable;no hundred(500)residential setback. _ encroachment Floodplain Impact Statement,if applicable. If any FEMA designated Special Flood Hazard Areas(SFHA)exists on the property,detail potential,adverse Not applicable; impacts related to the associated floodplain.Documentation of the historical Project is not flooding activity should be included.A Floodplain Development Permit(FHDP) located in a SFHA will be required if the site is located in a SFHA. Weld Energy Storage, LLC vii Burns&McDonnell Weld Energy Storage Facility Index and Checklists Required Information Location Post-Approval,Prior to Construction Submittal Requirements To be applied for Building Permit application(s)to Department of Building Inspection. prior to construction Prior to applying for a Grading Permit,a final drainage report stamped and signed Appendix G by a Professional Engineer registered in the State of Colorado. To be applied for Grading Permit application to the Department of Public Works. prior to grading Access Permit application if accessing a Weld County road to the Department of To be applied for Public Works. prior to construction Flood Hazard Development Permit(FHDP)if structures will be located in a SFHA Project is not to the Department of Planning Services. located in a SFHA Security. Section 20.0 Weld Energy Storage, LLC viii Burns&McDonnell Weld Energy Storage Facility 1.0 PLANNING QUESTIONNAIRE The following Planning Questionnaire questions have been answered to demonstrate compliance requirements of Weld County Code Section 23-2-260.A,B, C, &E. 1. Explain the proposed use and business name. Weld Energy Storage,LLC(Weld Energy Storage)is applying for a Use by Special Review (USR)Permit for the proposed Weld Energy Storage Project(Weld Energy Storage, or Project), which includes a battery energy storage system(BESS)with the capability to deliver 100 megawatts(MW) of power for 4 hours. The Project will consist of a 25-acre lease area situated within approximately 39 acres of public land(Project Area),roughly 2.5 miles west of the town of Pierce. The Project Area is within a 324.6-acre parcel owned by the State of Colorado (Permitting Boundary).Weld Energy Storage will interconnect via a 230-kilovolt(kV) generation tie-in(gen-tie)to the Platt River Power Authority(PRPA) system at a future substation located generally to the west of the Project. The Applicant and Project Owner is Weld Energy Storage,LLC,a wholly-owned subsidiary of NextEra Energy Resources,LLC (NextEra). 2. Explain the need for the proposed use. The implementation of a BESS facility in Weld County, Colorado,is essential for several key reasons: Enhancing Grid Reliability and Stability: As the demand for electricity continues to grow, a BESS facility will play a crucial role in stabilizing the grid. It will provide backup power during outages and help balance supply and demand, ensuring a reliable electricity supply for residents and businesses in Weld County. Supporting Renewable Energy Integration: Weld County has significant potential for renewable energy generation,particularly from solar and wind sources. A BESS facility will enable the storage of excess energy generated during peak production times,which can then be used during periods of high demand or low production,thereby maximizing the use of renewable energy and reducing reliance on fossil fuels. Economic Benefits: The construction and operation of a BESS facility will create jobs and stimulate economic growth in Weld County. It will attract investment and provide opportunities for local businesses,contributing to the overall economic development of the region. Environmental Impact: By facilitating the increased use of renewable energy, a BESS facility will help reduce greenhouse gas emissions and other pollutants associated with traditional power generation. This aligns with Weld County's commitment to managing environmental quality to preserve the quality of life for County citizens and its goal to encourage innovative and creative approaches to alternative energy sources. Weld Energy Storage, LLC 1-8 Burns&McDonnell Weld Energy Storage Facility Energy Independence and Security: A BESS facility will enhance energy independence by reducing the need for energy imports and increasing the county's self-sufficiency. It will also improve energy security by providing a reliable and resilient energy storage solution that can respond to emergencies and natural disasters. 3. Describe the current and previous use of the land. Current Land Use The current land use within the Project Area and Permitting Boundary is agricultural,including a mix of dryland farming and grazing,and is under the ownership of the State of Colorado. Current land uses are shown in Appendix A,Figure 6. Producing and abandoned oil and gas wells are present within the Permitting Boundary and are shown on Appendix A,Figure 5.No impacts to oil and gas wells will occur due to the location of the Project. Current technology also allows access directionally further reducing the likelihood of impacts to these operations. Previous Land Use Previous land use within the Permitting Boundary and adjacent parcels has historically been agricultural(grazing or dryland farming) land or is under the ownership of the State of Colorado. 4. Describe the proximity of the proposed use to residences. There are no residences inside the Permitting Boundary. The nearest residence to the Permitting Boundary is approximately 400 feet to the southeast. The nearest residence to the Project Area is approximately 2,300 feet to the southwest. The closest residence is a single rural home site;no higher density developed communities are present in the vicinity. 5. Describe the surrounding land uses of the site and how the proposed use is compatible with them. All properties adjacent to the Project are agricultural(grazing or dryland farming)land or are under the ownership of the State of Colorado. The land cover within the Project Area and Permitting Boundary is classified as grassland/herbaceous(USGS,2024). The primary land use is agriculture based, including range land,pastures,hay fields and cultivated crop land.Appendix A,Figure 5 shows existing utilities within and adjacent to the Project Area. Appendix A,Figures 6 and 7 provides an overview of land cover and land use within the Project Area and Permitting Boundary. The proposed use will be compatible with the surrounding land uses. The land uses surrounding the Project Area and Permitting Boundary are agricultural lands used for dryland farming and grazing, scattered residential properties, and oil and gas facilities. The current Project design has incorporated setback standards from parcel boundaries and is not near any residential homes. Weld Energy Storage, LLC 1-9 Burns&McDonnell Weld Energy Storage Facility The Development Footprint will be converted to a BESS and supporting facilities following construction(Appendix A,Figure 4). The BESS facility will be permanent. There will be permanent and temporary impacts associated with the gen-tie line for the interconnection. Error! Reference source not found.4 provides anticipated permanent and temporary impacts, which include footprints of the BESS, access roads, substations,laydown/staging area, structures for the Transmission Facilities,and the collection system structures.Agricultural productivity will be impacted during the operation of the facility; however,the area covers a small footprint in the overall area and will be returned to agriculture use at the end of the Project life.Land use along the proposed gen-tie facilities will be minimally impacted. Table 4: Project Impacts Temporary Impacts Permanent Impacts Total Impacts Facility Component (acres) (acres) (acres) Substation, BESS, -- 8.3 8.3 Laydown/Staging Gen-tie Line' 4 1 5 Access Road(s) -- 1 2 12 Substation Expansion -- 0.7 0.7 Total 4 11 15 1 Gen-tie impacts would occur within an estimated 300-foot corridor to connect to the proposed PRPA substation at a location to be determined.Permanent impacts would be limited to structure pads and access for maintenance which will coincide with the main access road proposed for most of the length. 2 Site has direct access off of County Road 86 with improvement of an existing two-track road.Impacts have been calculated based on a 20-foot wide road extending 1,560 feet. The Permitting Boundary consists of approximately 261.3-acres(80%)of farmland of statewide importance and 63.3-acres(20%)of not prime farmland. The Project Area consists of approximately 32.6-acres(83%)of farmland of statewide importance and 6.4-acres (17%)that is not prime farmland. The Development Footprint consists of approximately 8.8-acres(64%)of farmland of statewide importance and 5.5-acres(36%)of not prime farmland(Appendix A, Figure 8).Weld Energy Storage has sought to minimize impacts to prime farmland in the Project site selection for development. They have extended their lease with the State of Colorado and reduced the acreage to allow ongoing grazing of lands. Land within the BESS development area will be removed from agricultural operations during the life of the Project;however,the area of impact has been minimized and sited to minimize impacts to surrounding agricultural lands. The site will be returned to agricultural use upon decommissioning of the Project. 6. Describe the hours and days of operation(i.e.Monday thru Friday 8:00 a.m.to 5:00 p.m.). During the operation and maintenance phase,the facility will operate around the clock(24 hours per day). There will be ongoing maintenance and potential repairs and could also include augmentation of the BESS. Weld Energy Storage, LLC 1-10 Burns&McDonnell Weld Energy Storage Facility The project's operation is estimated to continue for 30 years. At the end of that time,the facility's operation will be evaluated for decommissioning or repowering in coordination with the approved decommissioning plan. 7. Describe the number of employees including full-time,part-time and contractors.If shift work is proposed, detail number of employees,schedule and duration of shifts. One to two permanent employees will support ongoing operations Monday through Friday during normal work hours(generally between 7 am and 7 pm). Occasional weekend and nightwork may be required for maintenance or repairs. 8. Describe the maximum number of users, patrons, members, buyers or other visitors that the site will accommodate at any one time. The site will not be actively manned and will not provide commercial service.No visitors or other patrons,members,buyers or other visitors would access the site. 9. List the types and maximum numbers of animals to be on the site at any one time (for dairies, livestock confinement operations, kennels,etc.). There will not be any animals on the site. 10. List the types and number of operating and processing equipment. For the BESS,up to 176 containers will house the batteries;however,the number may change based on the model chosen at the time of detailed engineering. The current application is based on CATL batteries but final design could include another equivalent Tier 1 battery manufacturer. The containers housing the batteries will be approximately 40-feet long including the HVAC and DC disconnects and are approximately 13 feet wide by 13 feet tall. The battery enclosures will be placed either on concrete pads or on skids with posts in the ground.Approximately 44 inverters may be used;however,the number will vary based on the final model chosen during detailed engineering. 11. List the types,number and uses of the existing and proposed structures. There are no existing structures within the Project Area. Proposed structures will consist of an onsite substation,BESS area, laydown/staging area, and a generation tie-in line. The BESS will be located within an approximately 5.6-acre fenced area and contain up to 176 battery housing containers and approximately 44 inverters (final numbers may change based on the model chosen at the time of detailed engineering; current application is based on CATL but final design could include another equivalent Tier 1 battery manufacturer). Weld Energy Storage, LLC 1-11 Burns&McDonnell Weld Energy Storage Facility The new onsite substation will be constructed within an approximate 0.7-acre fenced area onsite that will step up power from the 34.5-kV BESS collection lines and deliver it to the gen-tie line. The substation area will also include metering and other supporting equipment.A second step- up transformer may be added to the site based on final design. An additional 0.7 acre of disturbance would occur if this unit is required. Metering and control equipment will be installed in a substation control house, and underground fiber optic communication cables will run between the control house and the BESS inverters. Project data and control signals will be transmitted over the internet to the NextEra Energy control center,where the Project Area will be remotely monitored and controlled 24/7. The controls will include the battery storage charge and dispatch for the following 24 hours,together with emergency conditions. The Project(and this USR application) includes a new 230-kV gen-tie line that will be located within a 100-foot permanent right-of-way(ROW) and transmit power a short distance from the onsite substation to a proposed future PRPA substation located offsite and to the southwest of the Project Area. The line is not expected to exceed 0.3 mile in length. A 150-foot corridor on either side of the proposed gen-tie centerline will be used for temporary impacts associated with construction of the line. The Project will also have ancillary facilities that support the construction, operation, and maintenance of the facility. This may include,but is not limited to,roads,laydown yards, interconnection ROWs, signage,fencing, and lighting. Other support facilities such as parking areas and temporary laydown yards are expected to be located within the BESS development areas and may float within those boundaries depending upon the construction phase and work areas. The Project will include up to 18 temporary and permanent storage facilities including up to 12 temporary facilities(6 temporary construction trailers and 6 temporary construction conexes for storage) and up to 6 permanent storage conexes. Trailers and conexes will be located within the proposed laydown/staging area for the Project. Primary access to the Project will be from U.S. Highway 85. County roads that will be used for access include CR 86,that runs east-west and CRs 23 and 25,which run north-south. Primary proposed Project access road(s)will typically be up to 20 feet wide and composed of 6 inches of Type II Class B aggregate base compacted to a 95 percent minimum dry density. Internal access roads and to the on-site substation, switching station, and BESS will consist of 10-to 20-foot- wide roads with compacted gravel or dirt. Alternative access may occur from Colorado Highway 14 to the same County Roads. 12. Describe the size of any stockpile,storage or waste areas. There are no stockpiles, storage or waste areas within the Project Area. There may be temporary stockpiles during grading and site preparation to include graded onsite soils and/or imported base material for finished surfaces. Grading is expected to balance onsite soils without import or export Weld Energy Storage, LLC 1-12 Burns&McDonnell Weld Energy Storage Facility of soil. Storage conexes may be used onsite and located within the laydown/staging area as described above. 13. Describe the method and time schedule of removal or disposal of debris,junk and other wastes associated with the proposed use. Enclosed containers will be provided for all trash.All construction waste,including trash and litter, garbage, other solid waste,petroleum products, and other potentially hazardous materials,will be removed to a disposal facility authorized to accept such materials. Fuels will be stored onsite during construction in accordance with applicable regulations. There will be no significant amounts of hazardous materials stored permanently at the Weld Energy Storage facility. Collected waste during operations will be stored in the appropriate waste container and will be transported to a regulated disposal or recycling facility on a regular basis; anticipated to be weekly. Maintenance activities are anticipated to occur as scheduled and unscheduled events.Waste from maintenance activities will be disposed of per regulatory requirements and on an as-needed basis. 14. Include a timetable showing the periods of time required for the construction of the operation. Weld Energy Storage is proposing to begin construction of the facility, following approval of the USR permit and other approvals,in third quarter 2025.The Project is intended to be constructed in a single phase. The total construction duration,assuming a single phase,is estimated to take 12 months from notice to proceed(NTP)to fmal connection and commissioning. The work schedule is assumed to include 8-to 10-hour days,with a total of up to six shifts per week(assumed Monday through Saturday).During deliveries of large equipment and loads of supplies to the site, or if delays during construction are experienced and the schedule needs to be maintained,work periods may extend into multiple shifts,nighttime work hours,and up to seven days per week to allow for such deliveries when normal traffic on roadways is less active. Table 5: Construction Timeline Construction Phase Start/Duration Construction Begins November 2025 Site Preparation December 2025/3 months Structural Work February 2026/10 months Electrical February 2026/10 months Utility Work February 2026/10 months Construction End December 2026 Weld Energy Storage, LLC 1-13 Burns&McDonnell Weld Energy Storage Facility 15. Describe the proposed and existing lot surface type and the square footage of each type (i.e.asphalt,gravel,landscaping,dirt,grass,buildings). The project will consist of BESS containers on skids or concrete pads with gravel or base material for dust control on the prepared pad and between containers. The BESS area covers approximately 5.6 acres. The substation area will be a graded surface with a base layer and covers approximately 0.7 acre. If a second step-up transformer is needed, an additional approximately 0.7 acre area would be added to the substation footprint. The laydown yard will be compacted native material. A base layer may be used if needed for dust and/or drainage control.No buildings or pavement is proposed.Access roads will be either native material or gravel/base. 16. How many parking spaces are proposed?How many handicap-accessible parking spaces are proposed? No parking spaces are proposed.No public access is allowed. Onsite parking for construction and operations and maintenance will occur within the site laydown area. 17. Describe the existing and proposed fencing and screening for the site including all parking and outdoor storage areas. The Project will be enclosed by a 6-foot-tall chain-link perimeter fence topped with 1-foot of three-strand barbed wire(total height approximately seven feet). Access to the Project site will be provided through drive-through gates. The main purpose of the fence will be to prevent unauthorized access to the site. Fencing around the substation will be similar,with 7-foot-tall chain-link plus 1-foot of three-strand barbed wire(eight feet tall total). 18. Describe the existing and proposed landscaping for the site. No landscaping is proposed for the Project. The area is currently fallow agricultural and is not subject to active irrigation.No trees or existing landscaping exists and new landscaping is not proposed due to lack of irrigation water. 19. Describe reclamation procedures to be employed as stages of the operation are phased out or upon cessation of the Use by Special Review activity. In the event that generation at the Project site is terminated,Weld Solar will decommission the facility by removing all structures,including foundations to a depth of 3 feet below grade where feasible and requested by landowner,removing re-saleable or salvageable material, and disposing of all unsalvageable material at an authorized site. The soil surface will be restored as Weld Energy Storage, LLC 1-14 Burns&McDonnell Weld Energy Storage Facility close as practicable to its original condition. A draft Decommissioning Plan is included in Appendix I. 20. Describe the proposed fire protection measures. Wildfire is a risk in the Project Area. The Project is located in a semi-arid grassland with active agricultural and herbaceous cover and has a designated fire regime return interval of 21-25-years without fire suppression(LANDFIRE 2022). Wildfire hazard management measures to reduce the risk of fire from Project construction and operation will be included in an Emergency Action Plan to be prepared for the Project prior to construction.Fire management measures will be coordinated with the fire protection district. The Project is located within both the Ault-Pierce and Windsor-Severance Fire Districts. The nearest fire station is located in Pierce, approximately 3 miles east of the Project Area. A fire station is also located in Ault, located approximately 4.2 miles southeast of the Project Area. The site has safety equipment on hand. Fire detection systems will be used in all its battery containers which minimize the risk of a significant fire.Each storage facility is equipped with its own air conditioning or cooling system to ensure it operates within a prescribed temperature range. Storage facilities also employ software controls to shut down battery cells in the event excess heat is detected.An off-site,24-hour control room with trained technicians monitors each site and can remotely shut down the facility,if needed. The Applicant is experienced with operating BESS facilities and designs BESS to meet applicable safety and fire protection standards. The battery module design will undergo rigorous industry testing and certification related to fire safety, in order to minimize the risk that a failure of any single battery cell or module spreads to adjacent batteries or other equipment. Batteries will be continuously monitored by on-site systems to minimize fire risk and automatically detect abnormal conditions and stop operations, if needed. All battery containers will be equipped with fire detection systems. Each storage facility will be equipped with its own air conditioning or cooling system to ensure it operates within a prescribed temperature range to reduce fire risk.BESS facilities also use software controls to shut down battery cells if excess heat is detected. In addition to the on-site automatic monitoring systems, an off-site,24-hour control room with trained technicians will continuously monitor each site and can remotely shut down the facility, if needed. Gas detection systems will operate per National Fire Protection Association requirements. Please refer to the attached BESS Fact Sheet(Appendix J) for more information on BESS facilities and fire safety. Weld Energy Storage, LLC 1-15 Burns&McDonnell Weld Energy Storage Facility 21. Explain how this proposal is consistent with the Weld County Comprehensive Plan per Chapter 22 of the Weld County Code. The Weld County Code,Chapter 22,Comprehensive Plan,has been reviewed and the proposed BESS facility is consistent with the intent of the Comprehensive Plan,including Land Use, Environmental Resources,and Natural Resources. The proposed facility supports Weld County's Alternative Energy Resources Goals and Policies(Sec. 22-5-140)and is consistent with the Economic Development Goals and Policies(Sec. 22-6-20). The current use of the site and the surrounding area is dryland farming and grazing with a few scattered residences and oil and gas facilities. The proposed use will not compromise the goals of agricultural land use or any other land use category. The Project will not impact effective and efficient delivery or place undue strain on adequate public facilities and services or other land use amenities. The proposed use will not compromise the goals of agricultural land use or any other land use category. The Project will not impact effective and efficient delivery or place undue strain on adequate public facilities and services or other land use amenities. Areas of sensitive natural environments, including riparian areas,water bodies, and areas of potentially suitable habitat for threatened and endangered species are not prevalent within the Permitting Boundary(Appendix F; Appendix A,Figure 9). Impacts to environmental resources such as air,water,waste,noise, and public health will be minimal.Mitigation practices will minimize impacts from dust generation and waste products.An erosion control/stormwater management plan will be developed and implemented to prevent or minimize sediment entry to the drainages within the overall Project vicinity. During construction,vegetation may be removed but the site will be stabilized post-construction. Similarly,wildlife may be displaced during construction though small mammals,reptiles, and birds will be able to use the site once the construction period ceases. All areas of potential soil disturbance within the Project Area will be surveyed for noxious weeds before construction begins.Noxious weeds will be managed in all surface disturbed areas. If herbicides are needed to control noxious weeds,they will be applied by a licensed contractor. Equipment will be washed at a commercial facility prior to construction and on-site during construction if weeds are found within or adjacent to the Project Area. A Weld Energy Storage contractor will be responsible for monitoring,treating,and documenting noxious weeds throughout the life of the Project. A Weed Mitigation Plan has been developed that discusses both general and species-specific weed control methods(Section 14.0). Weld Energy Storage, LLC 1-16 Burns&McDonnell Weld Energy Storage Facility 22. Explain how this proposal is consistent with the intent of the zone district in which it is located. (Intent statements can be found at the beginning of each zone district section in Article III of Chapter 23 of the Weld County Code.) The BESS Project would be sited within Agricultural(A) zoning and is an allowed use under Weld County Code 23-3-40. Properties surrounding the Project Area are also designated as Zone District A. This zoning classification is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy development,without the interference of other incompatible land uses. The Project is compatible with the Agricultural Zone District because it will not affect farming activities outside the Project Area, which is only approximately 39.1 acres and more specifically the Development Footprint (approximately 11 acres). The Project is also consistent with other similar land uses in the area, including substations and transmission facilities. 23. Explain how this proposal will be compatible with future development of the surrounding area or adopted master plans of affected municipalities. Land around the subject property is within unincorporated Weld County with the exception of the land to the west between the site and Black Hollow Reservoir.The Project is not anticipated to impact future land uses and will not restrict development of the surrounding area. It is also consistent with existing and future energy development in the area. The adjacent parcel to the west was recently annexed into the Town of Severance and PRPA has constructed a new substation on the parcel immediately to the west of the Weld Energy Storage Project to service its territory. This Project will connect into that substation and is therefore not anticipated to affect planned uses of that land.The subject property is located within the Town of Severance's "Rural Residential Conservation/Agricultural(RRCA)"area as depicted in their Future Land Use Map (FLUM). The subject property is also located within the Town's Growth Management Area. The Town appears to allow energy development such as oil,gas, solar and other ancillary energy uses within the RRCA under Article 6, Division 4, Section 16.6.40.4, titled"Development node industrial sub-zoning". Explain how this proposal impacts the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. Human Hazards BESS Hazards to humans from energy facilities are minimal and are primarily associated with the electrical infrastructure such as electric lines and connections. The greatest hazard is direct contact with the conductors or transformers, irrespective of voltage. Physical contact between a ground object and the high-voltage conductors is not necessary for electrical contact to be made, Weld Energy Storage, LLC 1-17 Burns&McDonnell Weld Energy Storage Facility however; arcing can occur across an air gap. Extreme caution must be used when operating tall machinery and equipment. Given the rural nature of the proposed Project Area and Project setbacks incorporated into the site layout,the hazards of explosion, or other danger to the health, safety,and welfare of employees or the general public are minimal. The bulk of the collection system will be installed underground to minimize the potential for human contact. For the portions of the collection system or transmission lines installed overhead, the potential for human contact will also be minimized due to the height the line is suspended above the ground, and the rural location on private land away from public roads.Furthermore, whether above-ground or below-ground, all transmission lines and collection systems will conform to applicable standards for design clearances,and operations and maintenance. The switchyard substation will be fenced to prevent public access to this area. Safety signs will be posted around all high-voltage facilities and at underground cable crossings along roads in conformance with applicable state and federal regulations. The Applicant is experienced with operating BESS facilities and designs BESS to meet applicable safety and fire protection standards. Fire hazards are described above(Question 20). The Project will be designed to the latest applicable standards. The Applicant has not yet selected a BESS manufacturer. The selected equipment will comply with the latest applicable product certifications,UL 9540 Standard for Energy Storage Systems and Equipment. The Applicant exclusively procures battery modules and inverters that have been UL tested and certified. These tests may include shock, drop, and temperature tests to ensure user safety during installation and operation. Transmission Facilities Given the rural nature of the land comprising the area for the transmission lines,the hazards of explosion or other danger to the health, safety, and welfare of employees or the general public are minimal. The greatest danger from a transmission line is direct electrical contact with conductors. The gen-tie line is short and will be located to the south and/or west from the southwest area of the Project to connect to a PRPA substation. Extreme caution must be exercised when operating vehicles and equipment for any purpose in close proximity to transmission lines. Although the proposed gen-tie line will be designed with overhead ground wires and well- grounded poles to protect the system from lightning,the transmission line poles and conductors may occasionally be hit by lightning during a thunderstorm. Activities near transmission line poles and other tall objects, such as trees, should therefore be avoided during thunderstorms. All the Project's electric facilities will be designed, constructed, operated, and maintained to meet or exceed all applicable standards of design and performance commonly used in the industry. Weld Energy Storage, LLC 1-18 Burns&McDonnell Weld Energy Storage Facility Emergency Procedures The Project is not anticipated to negatively impact the health, safety, and welfare of Weld County citizens. Designs will comply with Colorado Public Utilities Commission requirements as well as national codes and standards for construction,electrical,and fire. NextEra has constructed solar and BESS projects throughout the country and is experienced at site-specific health and safety plans required for this type of project and installs safety and fire detection systems at its energy generation and storage projects that meet or exceed industry standards. Operations and maintenance of the facility include required training for employees and contractors on an Emergency Response Plan, regular inspections and maintenance of equipment,and regular meetings and training sessions at its sites with local first responders to ensure they're prepared to respond to an incident at any of the Project facilities. A Project-wide Emergency Response Plan will be utilized to establish planned response actions in the event of an emergency situation. These actions are intended to minimize health risks to solar plant technicians (when on-site) and people in the surrounding community, as well as minimize adverse impacts to the environment. 24. Describe any irrigation features. 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 Area is not located within any named regional alluvial aquifer(CDWR,2018a); however,the South Platte Alluvial Aquifer runs to the east of the Project Area and partially within the Permitting Boundary. The South Platte Alluvial Aquifer is correlated with Coalbank Creek and the associated tributaries and floodplain area. Groundwater in alluvial aquifers often interacts with surface water and stream systems. Groundwater levels can be expected to fluctuate in response to annual and long-term precipitation cycles, irrigation, surface drainage, and the development of transient,perched water conditions. It is anticipated that groundwater levels will continue to follow trends caused by natural phenomena and patterns of anthropogenic withdrawal. The CDWR well permit database was queried to determine number of drilled water well logs within the proposed Project Area, Gen-Tie Corridor, and Permitting Boundary(Weld County, 2024b; CDWR,2024). Those results are shown in Appendix A,Figure 10.No wells were found within the Permitting Boundary or Project Area. Based on the well mapping data(CDWR, 2018b),the Project will not impact known wells. Although impacts will occur to agricultural lands,the Project applicant has sought to minimize impacts to prime farmland in the selection of parcels for development. They have extended their lease with the state and reduced the acreage to allow ongoing grazing of lands. Land within the BESS Development Footprint will be removed from agricultural operations during Weld Energy Storage, LLC 1-19 Burns&McDonnell Weld Energy Storage Facility the life of the Project; however, the soils will be preserved and the area could be returned to agricultural use upon decommissioning of the Project. 25. Explain how this proposal complies with Article V and Article XI 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 entire area is zoned Agricultural, and there are no overlay zones within the proposed Project Area. The area is used for dryland farming and grazing.No known farmlands within the Project Area have been entered into the Conservation Reserve Program(CRP)under the U.S. Department of Agriculture's Farm Service Agency(FSA). If CRP contracts are identified that will be disturbed by the Project and it becomes necessary for them to be removed from CRP, then Weld Energy Storage will compensate landowners for the lost CRP payments. No floodplains are mapped in the Project Area;however,there is a small section of a Special Hazard Flood Area within the Permitting Boundary to the east of the Project Area that will be avoided by the Project(Appendix A,Figure 9; FEMA,2016). There are no Federal Aviation Administration(FAA) CFR Part 77 restrictions within the vicinity of the proposed Project. A glare study has been prepared, confirming that glare is not anticipated to impact any FAA facilities or airspace.No new transmission structures are proposed that would exceed the height of existing structures in the area. Weld Energy Storage will confirm that the proposed Project will have no impact to any private, commercial,or military airport by obtaining a"Determination of No Hazard"approval from the FAA once layouts have been finalized,if required. 26. Detail known State or Federal permits required for your proposed use(s) and the status of each permit. Provide a copy of any application or permit. Table 6: Permit Matrix FEDERAL PERMITS Item Permit/Approval Agency III Status No. U.S.Fish and Wildlife Service Mountain Prairie Region Office I Migratory Bird Treaty Act and the Bald 134 Union Blvd. Will conduct pre-construction surveys. and Golden Eagle Protection Act Lakewood,Colorado 80228 Compliance (303)236-7905 US EPA,Region 8 1595 Wynkoop Street To be prepared prior to construction or 2 Spill Prevention,Control,and Denver,CO 80202-1129 p p Countermeasures(SPCC)Plan;40 CFR operations as applicable. 303-312-6312 Part 112,or 40 CFR Part 300 Weld Energy Storage, LLC 1-20 Burns&McDonnell Weld Energy Storage Facility STATE PERM' Item Permit/Approval Agency Status No. Colorado Division of Parks and Wildlife No protected species are anticipated within Colorado Division of Parks and Wildlife Northeast Region,Area 4 the Project area.The 25-acre lease area has 3 (CPW)Coordination,State-protected 317 W.Prospect been sited within the 39 acre Project Area to Ft.Collins 80526 avoid sensitive resource areas.Additional species (970)472-4300 outreach is ongoing with CPW and updates will be provided to the County. Colorado Department of Public Health and Colorado Department of Public Health Environment Water Quality Control Division and Environment(CDPHE)General 4300 Cherry Creek Drive South Construction Stormwater Discharge WQCD-B2 Will be obtained prior to construction. 4 Permit;Storm Water Management Plan Denver,CO 80246 (SWMP) (303)692-3500 Colorado Department of Public Health and Environment Water Quality Control Division 4300 Cherry Creek Drive South Will be obtained prior to construction if CDPHE Construction Dewatering Permit WQCD-B2 5 Denver,CO 80246 deemed necessary. (303)692-3500 Colorado State Land Board District 2-North Central o State Land Lease Matthew Pollart Amended on 1/24/2022.Lease#111630 360 Oak Avenue,Suite 110 Eaton,CO 80615 (970)454-5279 Colorado Department of Public Health and Environment CDPHE Air Pollution Control Division Air Pollution Control Division 7 (APCD)Air Pollutant Emissions Notice 4300 Cherry Creek Drive South Will be obtained prior to construction. (APEN) APCD-SS-B 1 Denver,CO 80246 303 692-3500 LOCAL PERMITS Item Permit/Approval Agency Status No. Weld County Department of Planning Services 8 se by Special Review/SEF Supplement 1555 N 17th Ave Subject application. Permit Greeley,CO 80631 (970)353-6100 x 3540 Weld County Department of Public Works 9 Grading Permit1111 H Street Post-approval;to be obtained prior to the Greeley,CO 80632 start of grading activities. (970)304-6496 Weld County Building Compliance Division Building Permit 1555 N.17th Ave Post-approval;to be obtained prior to the Greeley,CO 80631 start of construction activities. (970)353-6100 Weld County Depai tment of Public Works I I'oad Improvement Agreement 111 H Street Post-approval;to be obtained prior to the Greeley,CO 80632 start of construction activities. (970)304-6496 Weld County Department of Public Works 12 ccess Permits1111 H Street Post-approval;to be obtained prior to the Greeley,CO 80632 start of construction activities. (970)304-6496 Weld Energy Storage, LLC 1-21 Burns&McDonnell Weld Energy Storage Facility 2.0 PUBLIC WORKS QUESTIONNAIRE 1. Describe the access location and applicable use types (i.e., agricultural, residential, commercial/industrial, and/or oil and gas) of all existing and proposed accesses to the parcel. Include the approximate distance each access is (or will be if proposed) from an intersecting county road. State that no existing access is present or that no new access is proposed,if applicable. Access will be from County Road 86 on the western section line by improvement of an existing two-track road. The entrance to the facility will be by gates off of a Project Access road from the west. See the Plot Plan (Appendix D). Access to county roads will comply with all applicable County standards and permit requirements and will have adequate sight distance in both directions. Proposed construction haul routes for the Project have been developed (Appendix C; 5-mile Exhibit) and final haul routes will be determined at final engineering design. The haul routes will be provided to the County for approval prior to construction. 2. Describe any anticipated change(s)to an existing access,if applicable. The two-track road off CR-86 will be improved to allow construction and operation and maintenance activity.Access may be compacted native material or aggregate base. 3. Describe in detail any existing or proposed access gate including its location. Manual security gates will be installed at the BESS and Substation. A fence and gate will also be installed around the laydown/staging area. 4. Describe the location of all existing accesses on adjacent parcels and on parcels located on the opposite side of the road. Include the approximate distance each access is from an intersecting county road. There is access to several well pad sites located off CR-86. These will not be impacted by the proposed Project.No other access is present. 5. Describe any difficulties seeing oncoming traffic from an existing access and any anticipated difficulties seeing oncoming traffic from a proposed access. None. 6. Describe any horizontal curve (using terms like mild curve, sharp curve, reverse curve, etc.)in the vicinity of an existing or proposed access. None. 7. Describe the topography (using terms like flat, slight hills, steep hills, etc.) of the road in the vicinity of an existing or proposed access. The access road location is relatively flat and is an existing two-track that will be improved. Weld Energy Storage, LLC 2-1 Burns&McDonnell Weld Energy Storage Facility 3.0 PRELIMINARY DRAINAGE STUDY/NARRATIVE There are intermittent and ephemeral drainages associated with Coal Bank Creek that runs east of the Project Area;however,here are no distinct drainages within the proposed Permitting Boundary or Project Area(Appendix A Figure 9). The implementation of standard construction, erosion,and sedimentation control practices will ensure the minimization of impacts to these drainages from increased turbidity, salinity, and sedimentation. These mitigation measures will include the use of one or more devices such as temporary berms, slope drains, diversion mounds, or sedimentation basins as appropriate. Measures will be implemented during construction to prevent spills of petroleum products or other pollutants that could impact surface water quality. Impervious area would be created by the Project associated with the BESS.Drainage to the substation and BESS area will be controlled and directed around the area by perimeter ditches. Runoff from both the onsite substation and BESS area will be controlled with a detention pond and released at pre-project rates based on final design(see Drainage Study,Appendix G). Weld Energy Storage, LLC 3-1 Burns&McDonnell Weld Energy Storage Facility 4.0 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). The Project is expected to have a maximum peak workforce of approximately 300 workers during construction. Workers are anticipated to travel to the site in person vehicles. Truck trips during road construction are estimated to average 60 to 70 per day, although over a short period of time. An estimated 20 to 30 truck trips per day for deliveries and equipment hauling,mainly associated with the PV system installation and aggregate material for road base. Error! Reference source not found.7 provides the estimate of construction vehicle trips. Table 7:Typical Construction Personnel and Equipment Number of Daily Round Trips Activity (approximate) Equipment Duration Road Construction 60-70 Heavy trucks and semis 6-8 months Hauling water 2 Heavy trucks 6-8 months Deliveries and 20-30 Semis and oversized loads 6-8 months Equipment Hauling (limited to 80,000 lbs total/25-ton load) Generator step up 1 Oversize Load(160,000 lb) 1 trip Worker travel 150 Light duty trucks 12-14 months 2. Describe the expected travel routes or haul routes for site traffic. Two routes from state highways may be used to access the Project site,distributing traffic to minimize impacts to any one community.A primary haul route is proposed from Highway 85 to County Road 86 to the site access road. A second route would extend from State Route 14 to County Road 23 to County Road 86. The haul routes are shown in the 5-mile exhibit in Appendix C. Final haul routes will be determined upon completion of the site layout, Project components, and engineering design. The haul routes will be provided to the County for approval prior to construction. Project personnel will work with the Weld County Engineer to review road use during the construction activities and to develop a maintenance program that will prevent the roads from dropping below agreed-upon quality levels. Tracking pads will be used as necessary at all major construction locations where there is heavy traffic coming from the site onto a county road. The purpose of the tracking pads is to keep excessive mud and debris from leaving the site and being tracked on the county road. Weld Energy Storage, LLC 4-1 Burns&McDonnell Weld Energy Storage Facility 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.). Traffic is expected to be minimal except during the delivery of BESS enclosures and materials. This time frame would be relatively short and follow the primary access route. 4. Describe the time of day that you expect the highest traffic volumes. During peak construction,the traffic hours are expected to be from 6:00 AM through 3:00 PM, depending on season, schedule, amount of daylight, etc. Following the completion of construction of the Project,there will be a significant decrease in the amount of traffic. One or two workers may drive to the site each day,with delivery trucks only for equipment replacement and repair as needed. The traffic hours typically will be from 5:00 AM to 4:00 PM, depending on season, schedule,amount of daylight,etc. Weld Energy Storage, LLC 4-2 Burns&McDonnell Weld Energy Storage Facility 5.0 ENVIRONMENTAL HEALTH QUESTIONNAIRE 1. Discuss the existing and proposed potable water source.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. During construction, water for dust control and drinking water will be obtained by the construction contractor from existing permitted sources. It is likely that bottled water will be used for drinking water during this period. Weld Energy Storage will comply with all local, state, and federal permitting requirements and water rights processes regarding development and use of such sources, if necessary. All necessary permits and approvals have or will be obtained by Weld Energy Storage prior to construction. 2. Discuss the existing and proposed sewage disposal system.What type of sewage disposal system is on the property? If utilizing an existing on-site wastewater treatment system, provide the on-site wastewater treatment permit number. (If there is no on-site wastewater treatment permit due to the age of the existing on-site wastewater treatment system, apply for a on-site wastewater treatment permit through the Department of Public Health and Environment prior to submitting this application.) If a new on-site wastewater treatment system will be installed, please state "a new on-site wastewater treatment system is proposed." (Only propose portable toilets if the use is consistent with the Department of Public Health and Environment's portable toilet policy.) Port-a-jons will be used at a select location in the Project Area during construction which will be used by BESS employees, construction workers, and contractors. 3. If storage or warehousing is proposed,what type of items will be stored? Not applicable. 4. Describe where and how storage and/or stockpile of wastes,chemicals,and/or petroleum will occur on this site. Not applicable. There will not be any storage or stockpiling of wastes, chemicals and/or petroleum products. 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. Not applicable.No fuel will be stored onsite. 6. If there will be washing of vehicles or equipment on site,indicate how the wash water will be contained. Weld Energy Storage, LLC 5-1 Burns&McDonnell Weld Energy Storage Facility Not applicable.No vehicles or equipment will be washed onsite. 7. If there will be floor drains,indicate how the fluids will be contained. Not applicable.There will not be any floor drains for the Project. 8. Indicate if there will be any air emissions(e.g.painting, oil storage,etc.). Air emissions resulting from Project construction activities will be permitted through the CDPHE Air Pollution Control Division (APCD), as required. The permit applications and evidence of Air Pollution Emission Notices (APENs)for the land development activities will be provided to Weld County prior to the start of construction activities if required. It is important to note that Weld County is currently in nonattainment for 8-hour Ozone (03) and APEN reporting thresholds are 1 TPY for NOx and VOCs.Proposed fugitive dust control will be specified on the application form.The draft Dust Abatement Plan is included in Section 10. 9. Provide a design and operations plan if applicable(e.g.composting,landfills,etc.). Not applicable. 10. Provide a nuisance management plan if applicable(e.g.dairies,feedlots,etc.). Not applicable. The Project will not have any nuisances. 11. Additional information may be requested depending on type of land use requested. To be determined. The Project Area was analyzed based on environmental resource data,wildlife, avian,wetland, and archaeological,that was collected during desktop analysis and site surveys to determine if any areas should be avoided due to potential impacts to valuable wildlife, avian,wetland, or archaeological resources.No significant or substantial impacts are anticipated on biological, aquatic, or cultural resources. Biological, aquatic,and cultural resources memorandums are included in Appendix F. Weld Energy Storage, LLC 5-2 Burns&McDonnell Weld Energy Storage Facility 6.0 WATER SUPPLY During construction,water for dust control and drinking water will be obtained by the construction contractor from existing permitted sources. It is likely that bottled water will be used for drinking water during this period. Weld Energy Storage will comply with all local, state,and federal permitting requirements and water rights processes regarding development and use of such sources,if necessary.All necessary permits and approvals have or will be obtained by Weld Energy Storage prior to construction. Weld Energy Storage, LLC 6-1 Burns&McDonnell Weld Energy Storage Facility 7.0 SEWAGE DISPOSAL Onsite sanitary waste or sewage is not proposed. Port-a-jons will be used at a set location in the Project Area during construction which will be used by BESS employees, construction workers, and contractors. Weld Energy Storage, LLC 7-1 Burns&McDonnell Weld Energy Storage Facility 8.0 NOISE STUDY The Project is located in rural Weld County, Colorado.Zoning in the Project Area is classified as Agricultural Zoning District. The Project Area contains cropland, grassland/herbaceous,pasture/hay, and rural residences scattered throughout. The farming activities and vehicular traffic are assumed to be the largest contributor to sound. Due to the Agricultural Zone of the Project Area,there are no specific noise standards under the Weld County Code. Because of this,the County's residential or commercial area limit(i.e., 50 A-weighted decibels—"dBA"during nighttime hours at all adjacent residential,commercial,or non-specified property boundaries)was used as the design basis for assessment of noise-related impacts from the Project. A Noise Study was conducted to assess the potential impacts of the Project on noise levels(Appendix H). The Project will create temporary noise impacts as a result of construction activities,vehicles, and equipment in operation in the area. The construction noise impacts will be concentrated in areas of work and temporary in duration.Any effects will be short-term during construction;however, some noise levels may still be noticeable from the Project due to operation of the inverters/transformers and BESS. The BESS system is likely to create noise during operation as a result of the HVAC systems that maintain temperature requirements in the units. The noise impacts from the BESS are dependent upon the final size of the system and associated impacts. If required to mitigate the impact of noise to meet County standards, soundwalls may be constructed. Based on an analysis of the preliminary site design for the Project,the sound modeling results show the Project-generated sound levels would not exceed the design goal of 50 dBA at adjacent property lines (Appendix H). Overhead transmission lines can create audible noise(AN)via voltage on the system as well as a phenomenon known as corona. AN due to voltage on the system typically has a very low amplitude. Corona noise is caused during wet-weather conditions,typically during foul weather.Both AN and corona noise are often masked by ambient sounds in an area. The background ambient noise level varies with wind,rain,traffic, or other human activity. Because of this, AN and corona noise are typically not a concern for wind farm transmission lines. The noise levels associated with the Project will conform to Weld County requirements for noise associated with the Project. Weld Energy Storage, LLC 8-1 Burns&McDonnell Weld Energy Storage Facility 9.0 WASTE HANDLING PLAN Enclosed containers will be provided for all trash. All construction waste,including trash and litter, garbage, other solid waste,petroleum products, and other potentially hazardous materials,will be removed to a disposal facility authorized to accept such materials. Fuels would be stored onsite during construction in accordance with applicable regulations. There will be no significant amounts of hazardous materials stored permanently at the Project site. Small quantities of lubricants used in the facility will be stored within the O&M building or within similar temporary construction facilities.No explosives will be used for excavation purposes. Construction and O&M activities will comply with all applicable federal, state,and local laws and regulations regarding the use of hazardous substances. The only hazardous chemicals anticipated to be on site 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. In the Project construction contract,Weld Energy Storage will specify a preconstruction meeting with the contractor who will be required to ensure that all applicable laws and NextEra's procedures will be followed. Weld Energy Storage, LLC 9-1 Burns&McDonnell Weld Energy Storage Facility 10.0 DUST ABATEMENT PLAN Wind has been identified as having the highest potential for causing soil erosion during project construction. Fugitive dust emissions will be primarily caused by increased traffic on dirt roads and the construction right-of-way. To minimize wind erosion and fugitive dust emissions during construction, Weld Energy Storage,LLC("Weld Energy Storage")will implement the following Reasonably Available Control Measures: • Minimize site grading and disturb no more earth than required for construction to occur; • Water the disturbed areas, laydown areas and access roads in areas of active construction using water trucks, as determined by the Inspector; if silt in active construction areas reaches two inches,watering will be required as frequently as necessary to control dust; • Water for dust control will be obtained through the Town of Pierce, Colorado; • Control project related traffic speeds on dirt access roads and other disturbed areas; • Speeds will be determined by the county on public roads; • Speeds in construction areas will not exceed fifteen miles per hour(mph); • Speed limits will decrease when excessive winds prevail and where sensitive areas such as public roads may be adjacent to access roads or the project area; Construction traffic signs will be maintained for the duration of the construction activities and will be placed where project access roads intersect public roads. Signs will be designed to endure weather conditions and will be posted in a non-obscured,visible manner; • Temporarily stockpiled soils will be covered or watered to create a semi-hard protective layer to minimize wind erosion, as determined by the Inspector. This treatment would occur after the soil has been excavated. Topsoil and spoils will be stockpiled,with low height profiles where possible. Submission of an Air Pollutant Emission Notification(APEN)to the Colorado Depai fluent of Health and Environment(CDPHE)will be completed prior to grading activities. Weld Energy Storage will ensure that wind erosion BMPs will be"site ready"during forecasted high wind(greater than 25 mph)weather advisories. Weld Energy Storage, LLC 10-1 Burns&McDonnell Weld Energy Storage Facility 11.0 ENGINEERING, DESIGN, AND OPERATIONS PLAN Not anticipated to be required. To be verified by Environmental Health. Weld Energy Storage, LLC 11-1 Burns&McDonnell Weld Energy Storage Facility 12.0 NUISANCE ABATEMENT PLAN Not applicable. No animals are associated with the Project. Weld Energy Storage, LLC 12-1 Burns&McDonnell Weld Energy Storage Facility 13.0 DEVELOPMENT STANDARDS STATEMENT Development standards have been included on the signatory exhibit as required. They will be implemented as applicable to a BESS,per the responses below. 1. Height limitation. Ground-mounted solar collectors shall not exceed twenty-five(25) feet in height, measured from the highest grade below each solar panel to the highest extent of the solar panel rotation. There will not be any ground-mounted solar collectors for the Weld Energy Storage facility. 2. Glare. Concentrated solar glare from solar collectors shall not be directed toward or onto nearby properties or roadways at any time of the day. There will not be any glare from the Weld Energy Storage facility. 3. Setbacks. The improved area shall conform to the setback requirements of the underlying zone. Additionally,the improved area must be at least five hundred(500) feet from existing residential buildings and residential lots of a platted subdivision or planned unit development. The residential setback requirement may be reduced if appropriate screening through landscape or an opaque fence is installed, or upon submittal to Weld County of a waiver or informed consent signed by the residence owner agreeing to the lesser setback. If landscaping or opaque fencing is substituted for setback, a landscaping plan or fencing plan shall first be submitted to and approved by the Department of Planning Services. The improved area is not within 500 feet of any existing residences. The nearest residence to the Project Area is 2,300 feet to the southwest, and the nearest residence to the Permitting Boundary is 400 feet to the southeast. 4. Dust mitigation. The operators of the 5 ACRE SEF shall continuously employ the practices for control of fugitive dust detailed in their dust mitigation plan submitted as required by Subsection B.2., above. Weld Energy Storage has developed a Dust Mitigation Plan in conformance with Weld County requirements and will utilize it during construction activities(Section 10).. 5. Underground cables.All electrical cables on the improved area shall be buried, except for direct current string wires that connect between solar collectors, direct current collection circuits between rows of solar arrays that are no more than four(4)feet above grade crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts (where necessary). All electrical cables will be buried underground up to the onsite substation. Weld Energy Storage, LLC 13-1 Burns&McDonnell Weld Energy Storage Facility 6. Fencing. The 5 ACRE SEF shall be enclosed with a security fence as approved pursuant to a fencing plan submitted to the Department of Planning Services.Appropriate signage shall be placed upon such fencing that warns the public of the high voltage therein. The Project will be enclosed by a 7-foot-tall chain-link perimeter fence topped with 1-foot of three-strand barbed wire (total height approximately eight feet). Access to the Project site will be provided through drive-through gates. The main purpose of the fence will be to prevent unauthorized access to the site. Fencing around the substation will be similar,with 7-foot-tall chain-link plus 1-foot of three-strand barbed wire(eight feet tall total). Cattle guards may be installed with gates,if necessary. 7. Stormwater management. The Operator of the 5 ACRE SEF shall submit a drainage report to comply with required Storm Drainage Criteria pursuant to Chapter 8,Article XI of this Code. Additional requirements for Municipal Separate Storm Sewer System(MS4) areas may be applicable pursuant to Chapter 8,Article IX of this Code. Ground-mounted solar collector systems shall be exempt from impervious surface calculations if the soil under the collectors is designated hydrologic A or B soil groups by the Natural Resources Conservation Service(NRCS). The Operator of the BESS facility has prepared a drainage report to comply with required Storm Drainage Criteria pursuant to Chapter 8,Article XI of this Code as applicable(Appendix G). There are no Municipal Separate Storm Sewer System(MS4)areas within the Project Area. 8. Access permit.Prior to construction of the 5 ACRE SEF,the applicant shall apply for and obtain an approved Access Permit from the Weld County Department of Public Works,pursuant to the provisions of Article XIV of Chapter 8 of this Code. Prior to construction Weld Energy Storage will apply for and obtain an approved Access Permit from the Weld County Department of Public Works,pursuant to the provisions of Article XIV of Chapter 8 of this Code. 9. Existing irrigation systems. The nature and location or expansion of the 5 ACRE SEF must not unreasonably interfere with any irrigation systems on or adjacent to the solar facility. The nature and location of the Weld Energy Storage will not unreasonably interfere with any irrigation systems on or adjacent to the facility. Weld Energy Storage, LLC 13-2 Burns&McDonnell Weld Energy Storage Facility 14.0 WEED MITIGATION PLAN Weld County requires the management of weeds, including noxious weeds, during the construction and operation of projects consistent with the Colorado Department of Agriculture regulations, definitions, and weed categorization lists. The Colorado Department of Agriculture works closely with the state's counties to manage noxious weeds through the Rules Pertaining to the Administration and Enforcement of the Colorado Noxious Weed Act(Noxious Weed Rule, 8 CCR 1206-2) (Colorado Depai tinent of Agriculture, 2018).Management plans have been established for List A,B, and C Species in Colorado. Weld County has an obligation to control noxious weeds on lands within the County as established by the Pest Control Districts Act(Section 35-5-101 et seq.,CRS) and the Colorado Weed Management Act(Section 35-5.5- 101 et seq., CRS). Pursuant to Chapter 15 (Weld County Code Ordinance 2005-10),Article I and II of the Weld County Code,noxious weeds are a public nuisance and are subject to remedies in accordance with the code and state statutes. Eradication is the management plan across the state for List A noxious weeds. Eradication means the reduction of reproductive success of a noxious weed species or specified noxious weed populations in largely un-infested regions to zero and permanently eliminating the species or populations within a specified period of time until the seed bank is eliminated. List B noxious weed species are those for which state,local governments, and other interested parties develop noxious weed management plans designed to stop the continued spread of these species. List C Species have management plans designed to support the efforts of governing bodies to facilitate more effective integrated weed management on private and public lands,but the goal of the plans is to provide additional education,research,and biological control resources to jurisdictions which choose to require management of List C Species. Watch List Species do not have management plans designed to control their spread but have been determined a potential threat to agricultural productivity and environmental values of the state. The Watch List is intended to service as advisory and educational purposes only. Purpose Weld Energy Storage,LLC(Weld Energy Storage)has developed this Weed Mitigation Plan consistent with the 1041 SEF requirements(Section 21-7-330 (B)(13)),and the above Weld County and State requirements,to control the spread of existing noxious weeds in the Development Footprint and potential transfer of noxious weeds to/from the Project area. The goals of the Weed Mitigation Plan are to define measures to protect the natural resources surrounding the Project area from the expansion of existing weeds and spread of new weeds that may result from Project activities and to avoid unintended harm to biological and other sensitive resources from weed management techniques. Weed Potential There is a total of 25 Colorado List A Eradication Species,40 List B Control Species, and 16 List C Suppression Species with potential to occur in the Project Area based on the Colorado Department of Agriculture species lists effective October 2020(Table 1). Watch List species are not included because there are no management plans prescribed to control Watch List species in Colorado. Weld County has a Weld Energy Storage, LLC 14-1 Burns&McDonnell Weld Energy Storage Facility county-specific list(indicated with an *)which includes five (5) List A Species, 36 List B Species, and 10 List C Species. List A Species are set for eradication, List B Species are set for minimum control/suppression around the State and possibly eradication depending on the size of the infestation in a specific County,and List C Species are set for suppression(Weld County,2022a). Noxious weed populations have been documented across disturbance areas in the Project area and will be identified and managed during Project construction and operations. Weeds detected onsite to date include Bull thistle (Cirsium vulgare), field bindweed(Convolvulus arvensis), and Musk thistle(Carduus nutans). Table 8: Colorado Noxious Weeds Common Name Scientific Name List A Species African rue Peganum harmala Bohemian knotweed Polygonumxbohemicum Camelthorn Alhagi maurorum Common crupina Crupina vulgaris Cypress spurge Euphorbia cyparissias* Dyer's woad Isatis tinctoria Elongated mustard Brassica elongata Flowering rush Butomus umbellatus Giant knotweed Polygonum sachalinense Giant reed Arundo donax Giant salvinia Salvinia molesta Hairy willow-herb Epilobium hirsutum* Hydrilla Hydrilla verticillata 'Japanese knotweed Polygonum cuspidatum" Meadow knapweed Centaurea nigrescens Mediterranean sage Salvia aethiopis Medusahead Taeniatherum caput-medusae Myrtle spurge Euphorbia myrsinites* Orange hawkweed Hieracium aurantiacum Parrotfeather Myriophyllum aquaticum Purple loosestrife Lythrum salicaria` Rush skeletonweed Chondrilla juncea Squarrose knapweed Centaurea virgata Tansy ragwort Seneciojacobaea Yellow starthistle Centaurea solstitialis List B Species Weld Energy Storage, LLC 14-2 Burns&McDonnell Weld Energy Storage Facility Common Name Scientific Name Absinth wormwood Artemisia absinthium* Black henbane Hyoscyamus niger' Bull thistle Cirsium vulgare' Bouncingbet Saponaria officinalis* Canada thistle Cirsium arvense* Chinese clematis Clematis orientalis' Common tansy Tanacetum vulgare Common teasel Dipsacus fullonurn Corn chamomile Anthemis arvensis* Cutleaf teasel Dipsacus laciniatus* Dalmatian toadflax,broad-leaved Linaria dalmatica* Dalmatian toadflax, narrow-leaved Linaria genistifolia* Dame's rocket Hesperis matronalis` Diffuse knapweed Centaurea diffusa' Eurasian watermilfoil Myriophyllum spicatum* Hoary cress Cardaria draba` Houndstongue Cynoglossum officinale' iJointed goatgrass Aegilops cylindrica* Leafy spurge Euphorbia esula" Mayweed chamomile Anthemis cotula` Moth mullein Verbascum blattaria* Musk thistle Carduus nutans* Oxeye daisy Leucanthemum vulgare * Perennial pepperweed Lepidium latifolium* Plumeless thistle Carduus acanthoides' Russian knapweed Acroptilon repens* Russian-olive shelterbelt Elaeagnus angustifolia* List C Species Bulbous bluegrass Poa bulbosa Chicory Cichorium intybus* Common burdock Arctium minus' Common mullein Verbascum thapsus" Common St.Johnswort Hypericum perforatum* Downy brome Bromus tectorum' Field bindweed Convolvulus arvensis Halogeton Halogeton glomeratus Weld Energy Storage, LLC 14-3 Burns&McDonnell Weld Energy Storage Facility Common Name Scientific Name Johnsongrass Sorghum halepense* Perennial sowthistle Sonchus arvensis Poison hemlock Conium maculatum* Puncturevine Tribulus terrestris* Quackgrass Elymus repens Redstem filaree Erodium cicutarium Velvetleaf Abutilon theophrasti* Wild proso millet Panicum miliaceum *Indicates Weld County-specific noxious weed species Weed Control Measures Areas of potential soil disturbance within the Project area will be assessed for noxious weeds before construction begins. Pursuant to Chapter 15,Article I and II of the Weld County Code, if noxious weeds exist within the Project or become established because of the proposed Project,Weld Solar will be responsible for controlling the noxious weeds. A Weld Energy Storage designated licensed contractor will be responsible for monitoring,treating, and documenting noxious weeds throughout the life of the Project. To minimize impacts associated with the expansion or introduction of weeds during construction,Weld Energy Storage will implement the following Reasonably Available Control Measures: • Include information on the prevention of weed spread in the Worker Environmental Training. • Minimize site grading and disturb no more earth than required for construction to occur. Noxious weeds will be managed in all surface disturbed areas. • Limit ingress and egress to defined access points and routes. • Verify that equipment and materials(e.g., erosion control materials)brought to the site are weed-seed free. • Equipment will be washed at a commercial facility prior to construction. • Revegetate temporarily disturbed areas as soon as possible after construction is complete to prevent weed establishment; use weed-seed free seed mixes. • Employ manual(hand pulling or trimming, etc.),mechanical(mowing,etc.),and chemical control(herbicides, etc.)methods as appropriate to target weed species. • If herbicides are needed to control noxious weeds,they will be applied by a CDA- certified applicator. Weld Energy Storage, LLC 14-4 Burns&McDonnell Weld Energy Storage Facility • Herbicides may include pre-emergent and/or post-emergent chemicals to control existing weeds and future germination, as needed, and will be targeted based on weed species type and severity of the population. Weld Energy Storage, LLC 14-5 Burns&McDonnell Weld Energy Storage Facility 15.0 ALTERNATIVES STATEMENT Weld Energy Storage performed a rigorous search for ideal solar generation sites within Weld County. The current Project Area was chosen due to several factors, including solar resource, transmission proximity and availability,physical and geographical constraints, safety,land availability,and consensual landowner participation. Weld Energy Storage also considered the siting next to existing infrastructure to minimize changes to the landscape. The Project is proposed on lands adjacent to the currently proposed Black Hollow Solar project to the southwest,the Ault Substation to the southeast,and the proposed PRPA substation to the west as well as several existing transmission and distribution lines. The risk of adverse environmental impacts and geotechnical issues are low within the current proposed site and disturbance to existing land uses surrounding the Project will be minor. Alternatives to the current Project location were evaluated but were dismissed due to the inability to advance at least one of the above factors. The proposed Project presents the most viable design and location with the least adverse impacts of all the alternatives. Weld Energy Storage, LLC 15-1 Burns&McDonnell Weld Energy Storage Facility 16.0 STATEMENT OF TRANSPORTATION CONSTRUCTION IMPACTS 1.Haul route map showing a minimum of one (1)mile traveled road and must include a connection to a paved,publicly-maintained road. See Appendix C for the Haul Route Map. A primary haul route is proposed from Highway 85 to County Road 86 to the site access road. The haul route is shown in the 5-mile exhibit in Appendix C. Final haul routes will be determined upon completion of the site layout,Project components, and engineering design. The haul routes will be provided to the County for approval prior to construction. Project personnel will work with the Weld County Engineer to review road use during the construction activities and to develop a maintenance program that will prevent the roads from dropping below agreed-upon quality levels. 2.Agreement to mitigate construction traffic impacts to the area surrounding the proposed BESS facility. The existing county road network and road condition is not expected to be significantly deteriorated by the relatively low levels of construction traffic from the Weld Energy Storage Project,as the majority of vehicles accessing the site during project construction will be passenger vehicles. As such,no improvements to existing county roads are anticipated in order to adequately serve the project. In the event that construction traffic creates a temporary impact, Weld Energy Storage,LLC agrees to mitigate impacts to the roads surrounding the proposed BESS facility. 3.Describe what impacts construction of the project will have upon transportation patterns in the area intended to be served or affected by the proposal. Existing transportation patterns within the immediate area of the project are not anticipated to be significantly impactful on the local roadway system. The area immediately surrounding the project is primarily agricultural,oil and gas, and energy infrastructure. The existing county road system experiences truck traffic associated with agricultural,industrial,and commercial operations. Traffic volumes would be highest during morning(6-8am) and afternoon(3-6pm)hours. 4.Describe the potential construction impact on roads within the County. A primary haul route is proposed from Highway 85 to County Road 86 to the site access road. Traffic is expected to be minimal except during the delivery of BESS enclosures and materials. This timeframe will be relatively short and follow the primary access route. 5.Identify improvements required to any roads within the County in order to serve the project adequately. None. Weld Energy Storage, LLC 16-1 Burns&McDonnell Weld Energy Storage Facility 17.0 LIGHTING PLAN Low-elevation(less than 14 feet)controlled security lighting will be installed at primary access gates,the onsite substation, and the entrance to the BESS. The lighting is only switched on when personnel enter the area(either manually or with motion sensors). All safety and emergency service signs will be lit when the lights are on. The lighting will be shielded so the light is directed downward. Electrical power to supply the access gate and lighting will be obtained from the local electricity provider. Lighting will only be used in areas where it is required for safety, security, or operations. Weld Energy Storage, LLC 17-1 Burns&McDonnell Weld Energy Storage Facility 18.0 DECOMISSIONING PLAN The design life of the facility equipment(i.e.,BESS,transformers, and interconnect)is 30 years with proposed augmentation. In the event that generation at the Project site is terminated,Weld Energy Storage will decommission the facility by removing all structures, including foundations to a depth of 3 feet below grade where feasible and requested by landowner,removing re-saleable or salvageable material, and disposing of all unsalvageable material at an authorized site. The soil surface will be restored as close as practicable to its original condition. A draft Decommissioning Plan is included in Appendix I. Weld Energy Storage, LLC 18-1 Burns&McDonnell Weld Energy Storage Facility 19.0 OWNERS AND INTERESTS IN THE SUBJECT PROPERTY The State of Colorado is the landowner of parcel included in the Project Area. The Solar Planning Lease application for the Project Area parcel was approved by the Colorado State Board of Land Commissioners and the Board Order is included in Appendix B. Weld Energy Storage has relied upon professional title companies and public information available by Weld County to determine property ownership within the Project Area. All affected parties have been contacted and voluntary lease agreements and easement agreements are being obtained to ensure that property rights are not impaired. The names and addresses of the surface property owners within the Project Area are listed in Table 9 below. Table 9: Persons/Entities with Interest Persons/Entities with Interest Type Address Project Facilities Interest SURFACE-MINERAL 1127 N. Sherman Street, Parcel: 055536000011 OWNER State of Colorado Suite 300 Sec. 36-8N67W Denver, CO 80203 SURFACE-MINERAL Enerplus Resources USA 950 17th Street, Suite 2200 Parcel: 055536000011 OWNER Corporation Denver, CO 80202 Sec. 36-8N67W WORKING INTEREST Titan Oil&Gas, LLC 1001 17th Street, Suite 2000 Parcel: 055536000011 Denver, CO 80202 Sec. 36-8N67W Stelbar Oil Corporation 1625 North Waterfront Parcel: 055536000011 ORRI OWNER Parkway, Ste. 200 Sec. 36-8N67W Inc. Wichita, KS 67206 ORRI OWNER General Publishing 30343 Inverness Lane Parcel: 055536000011 Corporation Evergreen, CO 80439 Sec. 36-8N67W Weld Energy Storage, LLC 19-1 Burns&McDonnell Weld Energy Storage Facility 20.0 SECURITY The applicant will obtain the necessary security in a format consistent with Weld County's requirements prior to the issuance of the USR, if required. The amount of the security will be sufficient to fund the estimated decommissioning/reclamation of the area as required by the Weld County Code. The security will meet the following conditions: 1. Name the Board of County Commissioners of Weld County as the sole beneficiary of the letter of credit; 2. Be issued by an A-rated financial institution based upon a rating provided by S&P,Moody's, Fitch,AM Best,or other rating agency with similar credentials; 3. Include an automatic extension provision or"evergreen clause";and 4. Be "bankruptcy remote," meaning the Security will be unaffected by the bankruptcy of the 5 ACRE SEF operator. Weld Energy Storage, LLC 20-1 Burns&McDonnell DocuSign Envelope ID: DE5FA417-1443-482B-9C4E-DA89688A1E57 pV•cot STATE OF COLORADO _- STATE BOARD OF LAND COMMISSIONERS * * SECOND AMENDMENT TO 1876 SOLAR PLANNING LEASE NO. 111630 This second amendment to Lease No. 111630, dated January 25, 2024, between the State of Colorado, acting by and through the STATE BOARD OF LAND COMMISSIONERS ("Board"), whose address is 1127 Sherman Street, Suite 300, Denver CO 80203 and BOULEVARD ASSOCIATES, LLC, a wholly-owned subsidiary of NEXTERA ENERGY RESOURCES LLC ("Lessee"), whose mailing address is: 700 UNIVERSE BOULEVARD, JUNO BEACH FL 34952. WITNESSETH WHEREAS, Lessee has applied to the Board to amend the existing Lease No. 111630 to extend the term of the lease by two years, NOW THEREFORE, the Board, in consideration of the rental amount provided below, agrees to amend Lease No. 111630, to extend the lease term by two years, ending January 24, 2026. The rental amount for each year of this extension shall be as follows: Year 1 (January 25, 2024 through January 24, 2025): $10,054.00 ($22.00 per acre) Year 2 (January 25, 2025 through January 24, 2026): $10,511.00 ($23.00 per acre) This Amendment is incorporated by reference into the Lease, and except to the extent specifically modified hereby, all other terms and conditions of the Lease shall remain in full force and effect through the end of the Lease term. IN WITNESS WHEREOF, the Board and the Lessee, by their signatures below, agree to the terms of this amendment to Lease No. 111630. BOULEVARD ASSOCIATES, LLC, a wholly-owned subsidiary of NEXTERA ENERGY RESOURCES LLC DocuSigned by: By: 1w 1 LtA 2/16/2024 4u36Zi35E7 48 Signature Date Kevin Gildea Authorized Representative Printed Name Title STATE OF COLORADO ACTING BY AND THROUGH THE STATE BOARD OF LAND COMMISSIONERS c—DocuSigned by: By: Vavtib, rbbtunlas1 J'a-vit1855Rdeferiberg, Real Estate Portfolio Agent 2/16/2024 Date: AMENDMENT 2 TO LEASE NO. 111630 Page 1 of 1 OF•COC k`` — —�4. STATE OF COLORADO yT� o STATE BOARD OF LAND COMMISSIONERS * **1876 * AMENDMENT TO SOLAR PLANNING LEASE NO. 111630 This Amendment to Lease 111630 ("Amendment") dated January 24, 2022 ("Effective Date") is entered into between BOULEVARD ASSOCIATES, LLC a subsidiary of NextEra Energy Resources ("Lessee") and the State Board of Land Commissioners ("Lessor"), where the Lessor and Lessee agree to a two year extension of the Lease to expire on January 24, 2024. The rental amount for each year shall be as follows: Year 1 (January 24, 2022 through January 24, 2023): $ 9,140 Year 2 (January 23, 2024 through January 24, 2024): $ 9,597 The acreage is decreased from 583.07 acres to approximately 457 acres (Township 8 North Range 67 West Section 36) as depicted by the blue hatched area in Exhibit A. This Amendment is attached to and made part of the Lease, and except to the extent specifically modified hereby, all other terms and conditions of the Lease shall remain in full force and effect through the end of the Lease term. Any inconsistency between the terms of this Amendment and the terms of the Lease shall be resolved in favor of this Amendment. Persons signing for Lessee hereby swear and affirm that they are authorized to act on behalf of the Lessee, and acknowledge that Lessor is relying on their representations to that effect. [Signature Page Follows] Page 1 of 2 Lease No. 111630 IN WITNESS WHEREOF, the Lessor and the Lessee, by their signatures below, agree to the amendment of the Lease as specified in this,Amendment: BOULEV ASSOCIA S, LC a subsidiary of NextEra Energy Resources By: 3/21/2022 Sign ture Date Kevin Gildea Authorized Representative Printed Name Title STATE OF COLORADO BY THE STATE BOARD OF LAND COMMISSIONERS By: Day . oden erg, eal tate Portfolio Agent Date: 3/24/22 Page 2 of 2 Lease No. 111630 q 26 - E�-I I BIT A 3o Proposed Solar ��- _-_ _ Planning Lease Area r Weld County SLB Surface Ownership , / , //4,,-,-,-. 7,,,,,, rl' . . de Boulevard Associates ® (SLB planning lease Amendment)-457 ''^, acres _ " Agriculture Leased , ryi/ Land 119 acres "� OEG Surface Pad 8N 67W 361/ '- .- - co.0 7.. .: .. . : 3 a<,,,/////7/// / :4,.: irmAlltir°4-7-t-I illimi. �/r 0 0.1 0.2 Miles 1 :3,000,000 Atid, ,, „: . _. .. . . :. :. 8 . 7N 66W DNR i go 7N 67Wce4 01 06 Es�o HEED Gedreecchnobg6Qso hc,Kam,Micros-oft C O L O R A D O _ -. - _ State Land Board Date,12/21/2020 %r coca STATE OF COLORADO (hQ; moo' STATE BOARD OF LAND COMMISSIONERS \'876% NO. SO - 111630 Solar Energy Planning Lease THIS LEASE is entered into this 25th day of January, 2018 by and between the State of Colorado, acting through its State Board of Land Commissioners ("State Land Board"), whose address is 1127 Sherman Street, Suite 300, Denver, CO 80203, and Boulevard Associates, LLC, a Delaware limited liability company, a wholly owned subsidiary of NextEra Energy Resource ("Lessee", whether one or more), whose address is 700 Universe Boulevard, Juno Beach, FL 33401. 1. DESCRIPTION OF THE PREMISES The State Land Board leases to the Lessee and Lessee leases from the State Land Board, exclusively for the purposes indicated below, the trust lands, in the County(s) of4, Colorado, described as follows (the "Premises") and subject to all existing easements and right-of-ways of third parties, and the rights of existing surface and mineral lessees and surface patentees, and further subject to the terms, conditions, and agreements set out in this Lease: TOWNSHIP - RANGE - P.M. Description of Land Meridian Township Range Section Acres Type Frac Pt NE, NW, S2 6 8N 67W 36 583.07 Surface Total 583.07 acres 2. CONDITION OF LEASED PREMISES Lessee represents that Lessee has had an opportunity to inspect the Premises prior to entering into this lease, and Lessee accepts the Premises in their present condition and acknowledges that the Premises are in all respects suitable for the purposes permitted. The State Land Board disclaims any and all obligation to provide access to the Premises across adjacent land or to fence, make any repairs to or construct any improvements upon the Premises, and the State Land Board does not warrant that the Premises are suitable for the permitted purposes. Lessee acknowledges that it is solely responsible for performing its own due diligence and for becoming fully familiar with the condition of the land and any applicable restrictions, uses, or other conditions that might affect its development or use for a particular purpose. 3. USE OF THE LEASED PREMISES The use of the Premises shall be limited to solar energy development studies. Lessee shall not produce for sale any power under this Lease. Lessee shall have the right of access only for the purpose of determining the feasibility of solar energy conversion to electrical power, including studies of wind speed, wind direction, solar insolation, air temperature and other related and relevant meteorological data; extracting soil samples, for the purpose of determining the feasibility of installing solar panels and Reused March 19 2015 Page 1 of 16 related power generation facilities, meteorological towers, and solar measurement equipment; and undertaking any other activities that Lessee reasonably determines are necessary, useful or appropriate to accomplish the foregoing, including the right of ingress to and egress from the Premises by means of existing roads and lanes. No activities are allowed or shall commence on the Premises without first obtaining written approval of the State Land Board for such activities. Lessee must provide information to the State Land Board sufficient for the State Land Board to determine and evaluate Lessee's proposed work activities, including but not limited to the location and number of meteorological towers and the full extent of all activities that will occur on or impact the surface. The State Land Board may require changes to Lessee's proposed work activities. 4. LEASE TERM This lease is effective for the term of three (3) years, being until the 24th day of January, 2021, (the "Initial Term") subject to the covenants and agreements herein. 5. EXTENSION TERM The State Land Board and the Lessee may agree to an extension of this lease for a period up to one (1) additional year (the "Extension Term") on terms and conditions set forth by the State Land Board and agreed to by both parties provided a notice of intent to enter into such extension shall be given in writing to the State Land Board no later than ninety (90) days prior to the expiration of the Initial Term. In the notice of intent, Lessee may request a reduction in the area of the Premises to be leased during the Extension Term. Lessee may not reduce the size of the leased Premises by less than contiguous tracts of approximately 160 acres or Governmental lot corresponding to a quarter section. The rental rate during the Extension Term shall be $14.00 per acre. The initial term and any extension term are collectively referred to herein as the "term". 6. RENTAL The rental amount for each year shall be as follows: Year 1: $10.00 per acre. Year 2: $11.00 per acre. Year 3: $12.00 per acre. Rental shall be paid to the Lessor in advance of the date this lease commences and upon each Anniversary Date thereafter. The "Anniversary Date" shall mean the date one-year after this lease is entered into, and each subsequent one-year date thereafter during the Term. Lessee shall pay the rental at the office of the State Board of Land Commissioners, Denver, Colorado. 7. EXCLUSIVE RIGHT TO NEGOTIATE SOLAR ENERGY AND PRODUCTION LEASE A. Exercise of Exclusive Right to Negotiate Solar Energy Production Lease Lessee may at any time within the term of the lease exercise an Exclusive Right to Negotiate a Solar Energy Production Lease by giving the State Land Board at least ninety (90) days written notice of intent to enter into such lease on the Premises, or a portion of the Premises. The State Land Board and Lessee will make a good faith effort to negotiate the Solar Energy Production Lease. Re\ised March 19,2015 Page 2 of 16 B. Exclusive Right to Negotiate Lease This lease does not guarantee Lessee a Solar Energy Production Lease, only the exclusive right to negotiate with and request approval from the State Land Board for a Solar Energy Production Lease during the Term of this lease, subject to the terms and conditions contained herein and subject to the approval of the State Land Board. C. Conditions Lessee must provide and have in place the following information, documentation, permits, plans, approvals, etc., and provide the same to the State Land Board as a condition of and before the State Land Board will consider allowing the exercise of the Exclusive Right to Negotiate and the granting of a Solar Energy Production Lease. i. Project Plans that include: a) the timing of solar energy development from feasibility studies and planning to construction and operations, b) capital cost projections, c) the proposed use for each tract of state land, d) maps and plats that indicate the project area, the state sections, and the location of solar panels, access roads, overhead and underground electrical transmission lines, electrical transformers, energy storage facilities, telecommunications equipment, power generation facilities, meteorological towers and solar measurement equipment, control buildings, maintenance yards, and other related facilities and equipment, and, e) any other land use plans required to develop the project, including the transmission component from the solar farm to the interconnect. ii. Financial information and documentation that demonstrates a) the financial wherewithal and creditworthy record of the project developer, b) experience in developing large solar energy projects, c) compliance with the requirements and laws necessary to do business in the State of Colorado, and, d) financial arrangements and partnerships in place to accomplish the required capital investment. iii. Estimates of revenue the state may realize as a result of this land use. iv. Details regarding the marketing and sale of the electricity, including information on existing or potential power purchase agreements. v. Information and documentation indicating compliance with all federal, state, county, and local government land use laws, rules, regulations, permits, codes, and ordinances, including the status of the appropriate county land use permit, a copy of which must be provided to the State Land Board. vi. Environmental analyses and studies that are required by any federal, state, or county agency or regulation, including but not limited to the study of the impacts to avian and raptor activity and evidence of efforts to work cooperatively with and mitigate or resolve issues and concerns raised by the Colorado Division of Wildlife. Revised March I9.2015 Page 3 of 16 vii. Information regarding other work performed or to be performed to ensure that the project is constructed and operated in such a manner as to avoid or minimize potential impacts to sensitive plant and animal wildlife resources. D. One-Year Notice to Other Lease Holders Lessee acknowledges by signing of this lease that they realize the Premises may have active agricultural leases and/or other use leases at present and the State Land Board is required to give a one-year notice of cancellation of any part or all of the agricultural lease prior to the construction of permanent solar generation facilities if the Lessee determines through their planning process to request a Solar Energy Production Lease and proceed with construction of permanent facilities. 8. INSURANCE The Lessee at its sole cost and expense, shalt during the entire term hereof procure, pay for and keep in full force and effect the following types of insurance: A. Property Insurance A policy of property insurance covering all insurable Authorized Improvements located on the Premises (except for land, foundation, excavation, and other matters normally excluded from coverage), in an amount not less than necessary to comply with any co-insurance percentage stipulated in the insurance policy. Such insurance shall afford protection against at least the following: (i) loss or damage from fire and other perils normally covered by the standard extended coverage endorsement; and (ii) such risks as shall customarily be covered with respect to projects similar in construction, location and use, including all perils normally covered by the standard "all risk" endorsement where such is available. B. Liability Insurance A comprehensive policy of public liability insurance covering the Authorized Improvements and Premises insuring the Lessee in an amount not less than that necessary to protect the State Land Board from its maximum liability under the Governmental Immunity Act, CRS §24-10-114, and covering bodily injury, including death to persons, personal injury and property damage liability. Such coverage shall include, without limitation, legal liability of the insured for property damage, bodily injuries and deaths of persons in connection with the operation, maintenance or use of the Premises. C. Other Risks In addition, the Lessee shall obtain insurance against such other risks of a similar or dissimilar nature, as the State Land Board shall deem appropriate. D. General Provisions of Insurance Policies i. All policies of insurance carried by the Lessee shall name the Lessee as insured and all liability policies carried by the Lessee shall name the State Land Board as additional insureds. The policy shall contain a provision that it cannot be cancelled or materially altered either by the insured or the insurance company until thirty (30) days prior written notice thereof is given to the Lessee and the State Land Board. The Lessee shall furnish to the State Land Board the annual Certificate of Insurance which must reference both this lease number and the legal description of the Premises. ii. No policy of insurance shall include a deductible clause in an amount greater than $500 or 1% of the face amount of the policies. Revised March 19.2015 Page 4 of 16 iii. Under CRS 24-10-114, the liability insurance coverage must be in the amount of at least $600,000.00 per incident for each lease held by the Lessee. Lessee will be notified if this amount is changed by the State of Colorado. iv. Notwithstanding anything to the contrary contained herein, the Lessee's obligation to carry insurance as provided herein may be brought within the coverage of a "blanket" policy or policies of insurance carried and maintained by the Lessee, so long as such policy(s) segregates the amount of coverage applicable to the Premises. 9. RESTORATION BOND If the Lessee intends to disturb the surface or subsurface of the property for any reason during the term of this Planning Lease, the Lessee shall execute a bond (or other sureties as may be approved by the State Land Board) at the time this lease is executed by the parties in an amount to be determined based on the intended disturbance. The bond shall guarantee restoration or/and revegetation of the Premises to a native grassland condition or to such other conditions as may be approved by the State Land Board. The bond shall consist of cash, bank certificate of deposit, or other sureties as may be approved by the State Land Board. However, if the bond is other than cash, the bond must be in a form that will guarantee payment in cash to the State Land Board upon receipt by any bank or insurance company of written demand by the State Land Board, without further condition. Lessee shall commence restoration work not less than six months prior to the expiration of this lease. The State Land Board shall return the bond to the Lessee if and when it deems that the Premises have been restored or revegetated to the required conditions. 10.CONSTRUCTION OF IMPROVEMENTS A. No improvement shall be placed on the Premises by the Lessee without prior written authorization of the State Land Board. Lessee may request in writing, permission to construct temporary improvements related to planning and research for potential solar energy development. The State Land Board will consider such requests and respond in writing of approval or denial of the request and any additional terms if any. Such written authorization shall not be unreasonably denied. Lessee shall provide any designs, construction plans or building specifications requested by the State Land Board when the State Land Board is considering authorization of improvements. Improvements placed upon the Premises by the Lessee with the State Land Board's written authorization shall be referred to herein as "Authorized Improvements". B. Upon the termination of this lease, and provided Lessee is not then in breach of or in default under this lease, all Authorized Improvements and other property of Lessee shall, at the Lessee's option, either be removed by Lessee without damage to the Premises or sold by Lessee to a subsequent lessee pursuant to paragraph 21 of this lease. C. All Authorized Improvements or property not so removed or sold within thirty (30) days after termination of this lease shall be deemed abandoned and may, at the State Land Board's option, be removed by the State Land Board at the Lessee's expense, retained by the State Land Board for use by subsequent lessees, or sold by the State Land Board with all proceeds going to the State Land Board. The State Land Board shall be entitled to recover from the Lessee the costs of removing any improvements and personal property pursuant to paragraph 21 of this lease. Lessee shall not be entitled to sell, remove, alter or receive compensation for any Authorized Improvements or property at any time the Lessee is in default or breach of any term, provision or covenant of this lease. Revised March 19.2015 Page 5 of 16 D. Ownership of Authorized Improvements Upon Premises. The State Land Board and the Lessee acknowledge, covenant and agree that any Authorized Improvements, including all appurtenances and additions thereto, erected at any time upon the Premises by the Lessee shall immediately upon erection or installation be the property of and belong to the Lessee for the Term of this lease subject to the requirements and conditions of this lease. 11.OPERATIONS A. No more of the surface of the Premises shall be disturbed than is reasonably necessary for the purpose for which this lease is issued. B. This lease does not grant exclusive use of the land described, and the Premises shall be available for other surface uses, including livestock grazing. This lease is subject to all leases, rights-of-way, and other agreements now in effect on said land, and the Lessee is to cooperate with, and not to interfere with, nor prevent the operations of any lessee or permittee. C. Lessee shall be responsible for the control and eradication of noxious weeds on the Premises insofar as the presence of such noxious weeds is the result of Lessee's actions. Lessee shall cooperate with other existing or future lessees or permittees to control and eradicate noxious weeds on the Premises; including cost sharing in weed control and eradication for up to one year after this lease is terminated. Said cost sharing will be at the sole discretion of the State Land Board. D. Lessee is to provide drainage and erosion control structures, fences, gates, cattle guards, or any other facilities necessary to protect the Premises. E. Excavations, facilities, Authorized Improvements and Lessee's Property shall be maintained in a safe condition to prevent injury to persons, livestock, and wildlife. F. All operations of the Lessee shall be conducted in a workmanlike and reasonable manner, and all necessary precautions shall be taken to avoid damage to the Premises. Any damage done by Lessee to the Premises, native grass or timber, or state-owned improvements, shall be paid for by Lessee to the State Land Board including any cost for reclamation and revegetation. Damage to private property on the Premises, including fences, crops, irrigation structures, wells, livestock, and privately-owned improvements, caused by the actions of the Lessee shall be paid by Lessee to the surface lessee or owner thereof. G. No refuse, waste, or litter of any kind shall be left on the land by Lessee. H. Lessee shall not permit the storage of or spill of any toxic or hazardous material on the Premises while in its possession. No underground storage facilities are authorized. I. No minerals of any kind, including but not limited to oil, gas, sand, gravel, or stone, found on the Premises, shall be sold by the Lessee unless purchased from State Land Board. J. No off road traffic allowed. K. No wood collection or tree cutting allowed. L. Disturbing, dislodging, damaging, defacing, destroying or removing historical archaeological, paleontological, or cultural sites or artifacts is prohibited. M. Disturbing, dislodging, damaging, defacing, destroying any improvement, fixture, item, object or thing placed or located in, under or upon the land is prohibited. Rey ised March 19,2015 Page 6 of 16 N. This permit does not grant a right to enter State Trust Lands to which there is no public access. 0. Any uses or activities not within the scope of this lease are not allowed unless prior written approval from the State Land Board is granted. P. There shall be no disposal of sewage, liquid or solid waste on the Premises by Lessee, unless approved by the State Land Board during the lease term. Any project plans that require disposal of sewage shall comply with applicable laws and regulations and be approved by the State Land Board prior to being filed with any local government. Q. Lessee may not store on the Premises any materials, product, or equipment not directly related to the Lessee's operations on the Premises. 12.NO PARTNERSHIP Nothing in this lease shall cause the State Land Board in any way to be construed as a partner, a joint venturer or associated in any way with the Lessee in the operation of the Premises, or subject the State Land Board to any obligation, loss, charge or expense connected with or arising from the operation or use of the Premises or any part thereof. 13. MAINTENANCE AND REPAIR The State Land Board shall have no duty of maintenance or repair with respect to the Premises, any Authorized Improvements. Or any Lessee's property thereon. The Lessee shall keep and maintain the Premises, Lessee's property, and Authorized Improvements thereon in constant good order and repair in the same condition as when initially constructed, ordinary wear and tear excepted. All repairs made by the Lessee shall be at least equal in quality to the original Authorized Improvements. 14.DAMAGE OR DESTRUCTION In case of damage to or destruction of the Premises or any part thereof, by any cause whatever resulting from the Lessee's activities, the Lessee shall give or cause to be given to the State Land Board prompt notice of such occurrence and shall promptly proceed with due diligence to repair, restore, replace or rebuild so as to make the Premises at least equal in quality to the original condition, or restore the same to such modified plans as shall be previously approved in writing by the State Land Board. If Lessee fails to repair, restore, replace or rebuild, Lessee shall be liable and agrees to pay the State Land Board or the State Land Board's surface lessee (depending on the ownership of the property damaged) for all damage to the surface, livestock, crops, pasture, hay, or other agricultural products, water wells, reservoirs, or other improvements, caused by Lessee's activities and operations on the Premises. Damages shall be determined by the average of three independent quotes obtained from three mutually acceptable consultants familiar with the compensation paid for such damages. These obligations shall not terminate upon the termination, surrender or expiration of the lease, but shall continue until the surface is returned to at least equal quality to the original condition. 15. TAXES, UTILITIES AND OTHER EXPENSES It is understood and agreed that all taxes, assessments, insurance, utilities and other operating costs including those which could otherwise result in a lien being placed against the Premises as well as the cost of all repairs, remodeling, renovations, alterations, and improvements, and all other direct costs, charges and expenses of any kind whatsoever respecting the Premises shall be borne by the Lessee and not by the State Land Board so that the rental return to the State Land Board shall not be reduced, offset or Revised March 19,2015 Page 7 of 16 diminished directly or indirectly by any cost or charge, nor subject to suspension or termination for any cause. 16.INSPECTION RIGHTS The State Land Board or its authorized representatives may from time to time, at any reasonable hour, and with or without notice, enter upon and inspect the Lessee's books, accounts and records, the Premises, any portion thereof, and the Authorized Improvements or other improvements thereon to ascertain and secure compliance with this lease, but without obligation to do so or liability therefore. Lessee hereby grants to the State Land Board a non-revocable license for such access over and across Lessee's other lands during the term of this lease. 17.LIABILITY AND INDEMNITY The State Land Board shall not be liable to the Lessee, its agents, employees, invitees, patrons or any other person whomsoever, for injury to or death of any person or damage to or loss of property in, upon or adjacent to the Premises or other property contiguous or appurtenant thereto, which may arise during the Lessee's development, use or occupancy of the Premises or by any person so doing through or under the Lessee or with its permission, express or implied. The Lessee further waives any claim against the State Land Board regarding the State Land Board's approval or disapproval of any plans or specifications whether or not defective. The Lessee agrees to indemnify the State Land Board, to the extent allowed by law, and save it harmless against and from any and all claims by or on behalf of any person(s), firm(s), corporation(s) arising from the conduct or management of or from any work or thing whatsoever done on or about the Premises and to indemnify and save the State Land Board harmless against and from any and all claims arising during the term hereof from: (i) any of those matters specified in this Article; (ii) any breach or default on the part of the Lessee hereunder; and (iii) any act or omission of the Lessee or any of its agents, contractors, servants, assignees, employees, invitees or licensees, on or about the Premises or other property contiguous or appurtenant to the Premises, including all costs, attorney's fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against the State Land Board by reason of any such claim upon notice from the State Land Board, the Lessee covenants to promptly effect the dismissal thereof or to diligently resist and defend such action or proceeding by counsel satisfactory to the State Land Board, at the sole cost and expense of the Lessee. This provision shall survive the termination, cancellation, surrender, or relinquishment of this Lease and any cause of action by the State Land Board to enforce it shall not be deemed to accrue until the State Land Board's actual discovery of said liability, claim, loss, damage, or expense. 18.RESERVATIONS TO THE STATE LAND BOARD A. This lease is subject to any and all presently existing easements, rights-of-way and other interests, whether or not visible on the ground; and, in addition to its reversion upon termination of this lease, the State Land Board hereby reserves: B. The right to sell, exchange, or otherwise dispose of all or any portion of the Premises during the term of this lease. C. The right to lease all or any portion of the premises to other persons for the purposes of exploring for and removing timber, minerals, ores, metals, coal, asphaltum, oil, gas, sand, gravel, clay, quarry Re ised March 19.2015 Page 8 of 16 products, peat, geothermal resources, and all other naturally occurring resources, together with reasonable and adequate rights of entry and surface rights necessary or convenient to exercise such reserved rights. D. All water, water rights, ditch rights, water stock and/or ditch stock appurtenant to or used in connection with the Premises including wells, rights in ditch, water in canal organizations or companies. All such uses shall be and remain the property of the State Land Board. The Lessee may not explore, drill, or establish any water use right or well without written permission of the State Land Board. If the Lessee establishes or adjudicates any water right or use on the Premises, it shall be in the name of the State Land Board. Water rights and any improvement required to bring this water to the surface shall become the property of the State Land Board, without cost, upon termination of this Lease for any cause whatsoever allowed by the terms herein. Under no circumstance may ground water be withdrawn without first having secured the permission of the State Land Board. Additional payment may be required for the use of any waters as may be defined as tributary or non-tributary allowed by terms herein. E. The right at any time to grant a right-of-way upon, over, under, through, or across all or any part of the Premises for any ditch, reservoir, railroad, communication system, electric power line, pipeline, schoolhouse, or other lawful purpose. Such grants shall be compatible with the rights and privileges granted to Lessee herein, and shall be subordinate to the rights of Lessee. Any new grant of easement or right-of-way upon, over, or across the Premises shall include provisions requiring that any and all damages caused to any structures or Authorized Improvements placed upon the surface of the Premises subsequent to the date hereof shall be repaired by and at the expense of the party to whom the easement or right-of-way was granted. F. The right to put the Premises to additional uses by granting additional leases, permits, access, or rights to the Premises or any portion thereof, at any time and for any purpose, including but not limited to hunting, fishing and other recreational purposes. G. All rights, privileges and uses of every kind or nature not specifically granted to Lessee by this lease. H. The right to dispose of surface where the State Land Board is the surface owner subject to the terms and conditions of this lease. I. The right at any time to place the Premises into the Stewardship Trust as set forth in Section 10 (1)(b)(I) of Article IX, of the State Constitution. Placement into the Stewardship Trust can be made under conditions such that this placement will not unreasonably interfere with the rights and privileges of Lessee. 19.ASSIGNMENTS, SUBLEASING AND ENCUMBRANCES A. This lease shall be binding on the parties hereto, their heirs, representatives, successors and permitted assigns. B. This lease shall not be assigned, transferred or sold, voluntarily or by operation of law, without the prior written consent of the State Land Board. It shall be understood that any name change, or changes in ownership of the Lessee shall be considered an assignment. Consent to an assignment shall be at the State Land Board's sole discretion and upon such terms and conditions as determined by the State Land Board. Revised March 19,2015 Page 9 of 16 C. Assignment or other transfer without written consent of the State Land Board shall not result in a novation of this lease, and shall, nevertheless, make the assignee responsible and liable, along with the Lessee, for performing this lease. The acceptance by the State Land Board of any payment due hereunder from any person other than the Lessee shall not be deemed a waiver by the State Land Board of any provision of this lease or to be consent to any assignment. D. Subleasing, encumbering, pledging or otherwise transferring this lease is expressly prohibited under the terms of this lease. E. The State Land Board's approval of an Assignment shall not relieve Lessee from any liability that may have arisen under the lease prior to the Assignment. 20.DEFAULTS AND REMEDIES A. Defaults The occurrences of any one or more of the following events shall constitute a default hereunder by the Lessee: i.Failure by the Lessee to make any payment of rental or other payment of additional rental or charge required to be made by the Lessee hereunder, as and when due. ii. Use of the Premises by the Lessee, its successors and assigns or attempted use of the Premises for any other purpose than those permitted by this lease without the written consent of the State Land Board. iii. Failure by the Lessee to perform any of the covenants, conditions or requirements contained herein. Any of the above events of default may be cured by the Lessee within thirty (30) days after written notice thereof from the State Land Board to the Lessee in accordance with the "Miscellaneous, Notices" section of this lease. If the nature of the Lessee's default is such that more than thirty (30) days are reasonably required to cure such default, then the Lessee shall not be deemed to be in default if the Lessee shall commence such cure within said thirty (30) day period and thereafter diligently pursue such cure to completion. B Remedies In any event of default and in addition to any or all other rights or remedies of the State Land Board hereunder or by the law provided, the State Land Board may exercise the following remedies at its sole option: i) Termination. Terminate the Lessee's right to possession of the Premises by any lawful means, in which case this lease shall terminate and the Lessee shall immediately surrender possession of the Premises to the State Land Board according to the terms of the "Surrender" section of this lease. In such event of termination the State Land Board shall be entitled to recover from the Lessee: 1) The unpaid rental, taxes and damages which have accrued up until the time of termination together with interest; and 2) Any other amount necessary to compensate the State Land Board for the Lessee's failure to perform its obligations under this lease or which would be likely to result therefrom, including, but not limited to, the cost of recovering possession of the Premises, expenses of reletting, Reci<ed March 19,2015 Page 10 of 16 including necessary repair, renovation and alteration of the Premises, reasonable attorneys fees, and any other reasonable costs. 3) The interest shall be one and one-half percent (1-1/2%) per month. Said interest shall accrue from the dates such amounts accrued to the State Land Board until paid by the Lessee. ii) Rental During Unlawful Detainer. In any action for unlawful detainer commenced by the State Land Board against the Lessee by reason of any default hereunder, the reasonable rental value of the Premises for the period of the unlawful detainer shall be two (2) times the current rental and other charges or payments to be made by the Lessee under this lease for such period. iii) Cumulative Rights. The rights and remedies reserved to the State Land Board, including those not specifically described, shall be cumulative, and the State Land Board may pursue any or all of such rights and remedies, at the same time or separately. 21.SURRENDER Upon expiration or termination of this lease, the Lessee shall peaceably and quietly leave, and surrender possession of the Premises to the State Land Board, and at its own expense shall promptly and diligently within thirty (30) days remove, demolish and/or clear off from the Premises all Authorized Improvements, other improvements, and personal property and restore the surface to its original condition. Any Authorized Improvements and personal property remaining after thirty (30) days shall, at the option of the State Land Board, become the property of the State Land Board. In addition, State Land Board shall be entitled to recover from the Lessee the costs of removing any Authorized Improvements, facilities and personal property and the costs of restoring the surface to its original condition. This right to recover costs shall remain in effect after the termination or expiration of this lease. Notwithstanding any provisions to the contrary, the Lessee shall have no right to remove, alter or demolish all or part of the Lessee's Authorized Improvements or personal property at anytime the Lessee is in default or breach of any term, provision or covenant of this lease. 22.HAZARDOUS SUBSTANCES A. The Lessee shall not place, store, use or dispose on the Premises, temporarily or permanently, any substance that is hazardous, toxic, dangerous or harmful or which is defined as a hazardous substance by the Comprehensive Environmental Response Compensation and Liability Act, 42USC9601. These substances shall be referred to collectively as "hazardous substances". B. The Lessee is also prohibited from storing any gasoline or other fuel on the Premises without the State Land Board's prior written permission. C. The Lessee shall immediately notify the State Land Board of all spills, releases, inspections, correspondence, orders, citations, notices, fines, response and/or cleanup actions, and violation of laws, regulation or ordinance which affect the Premises. D. Lessee shall be solely liable for all liability, damages, costs or claims, including attorneys' fees arising from or in connection with activities caused or permitted by Lessee, or which Lessee knew or should have reasonably known about concerning hazardous substances and hereby indemnifies the State Land Board against the same. Revised March 19.2015 Page 11 of 16 23.CONDEMNATION A. If all of the Premises are taken by any public authority under the power of eminent domain, this lease shall terminate as of the date possession was taken by said public authority pursuant to such condemnation. If part of the Premises is taken and, in the opinion of either the State Land Board or the Lessee, it is not economically feasible to continue this lease, either party may terminate this lease. B. Such termination by either party shall be made by notice to the other party given not later than thirty (30) days after possession is so taken. If part of the Premises is taken and neither the State Land Board nor the Lessee elects to terminate this lease the payment due under this lease shall be abated in the same proportion as the portion of the Premises so taken bears to the whole of the Premises. C. All damages awarded for the taking or damaging of all or any part of the Premises, or State Land Board-owned improvements thereon, shall belong to and become the property of the State Land Board, and the Lessee hereby disclaims and assigns to the State Land Board any and all claims to such award. The State Land Board shall not claim any interest in any Authorized Improvements. D. If the temporary use (defined as less than one year) of the whole or any part of the Premises shall be taken at any time during the term of this lease, the Lessee shall give prompt notice thereof to the State Land Board; however, the term, rentals and other obligations of the Lessee under this lease shall not be reduced or affected in any way. The Lessee shall be entitled to compensation as determined by applicable law for any such temporary taking of the Premises. 24. LIENS AND CLAIMS A. Mechanics' Liens The Lessee shall not suffer or permit to be enforced against the Premises, or any part thereof, or any Authorized Improvements thereon, any mechanics', materialmen's, contractors', or subcontractors' liens arising from, or any claim for damage growing out of, the work of any construction, repair, restoration, replacement or improvement, or any other claim or demand howsoever the same may arise, but the Lessee shall pay or cause to be paid all of said liens, claims, or demands, before any action is brought to enforce the same against the Premises or Authorized Improvements. The Lessee agrees to defend, indemnify and hold the State Land Board and the Premises free and harmless from all liability for any and all such liens, claims, demands, and actions (collectively, the "liens") together with reasonable attorney's fees and all costs and expenses in connection herewith. B. Rights to Contest Notwithstanding the foregoing, if the Lessee shall in good faith contest the validity of any such lien, then the Lessee shall at its sole expense defend itself and the State Land Board against the same and shall pay and satisfy any adverse expense or cost or adverse judgment that may be rendered thereon before the enforcement thereof against the State Land Board or the Premises, upon the condition that if the State Land Board shall require, the Lessee shall furnish a surety bond satisfactory in form and amount to the State Land Board. Said bond shall not be less than one hundred twenty percent (120%) of such contested lien indemnifying the State Land Board against liability for the same, and holding the Premises free from the effect of such lien. Revised March 19,20I5 Page 12 of 16 C. Posted Notice The Lessee shall, upon execution of this lease at its cost, prepare a Notice, pursuant to CRS 538-22-105, and cause the same to be posted for the purpose of protecting the State Land Board against any liens or encumbrances upon the Premises by reason of work, labor, services or materials contracted for or supplied to the Lessee. D. The State Land Board's Liens To secure the payment of any Rental that becomes due, and to satisfy all reasonable costs and fees incurred by the State Land Board in recovering said Rental, the State Land Board shall have a contractual lien on any and all Authorized Improvements (the "Rent Lien") and their proceeds in any disposition. Any security interest granted in any Authorized Improvement, including a collateral assignment, will be subordinate to the Rent Lien. Lessee has the affirmative obligation to give notice of these Liens to any lender, investor or prospective secured party. The State Land Board agrees to work with Lessee's lenders, investors, or prospective secured parties to make satisfactory arrangements for the suspension or discharge of such liens. 25. MISCELLANEOUS E. False Statements Any false certification or statement by the Lessee in the application, public disclosure statement or qualification of financial responsibility statement required to be submitted with the application for the lease, or in any other document or report required to be submitted under this lease, shall at the discretion of the State Land Board, result in termination of this lease and an action for damages. F. Lease Document Controls In the event of inconsistency or conflict between this lease and documents incorporated herein by reference, this lease shall control. G. Compliance With Laws The Lessee shall comply with all applicable federal, state and local ordinances, regulations and laws including but not limited to criminal, land use, fencing, noxious weed, environmental, wetlands protection, hazardous waste, health and safety laws, ordinances and regulations regarding the Premises and activities conducted thereon or by virtue thereof. Furthermore, the Lessee shall not use or permit the Premises to be used in violation of any such rule, regulation or law; or for any purpose tending to damage or harm the Premises or improvements thereon or adjacent thereto, or the image or attractiveness thereof; or for any improper, offensive or immoral use or purpose; or in any manner which shall constitute waste, nuisance or public annoyance. The Lessee shall immediately notify the State Land Board of all spills, releases, inspections, correspondence, orders, citations, notices, fines, response and/or cleanup actions, and violation of laws, regulation or ordinance which affect the Premises. H. Lessee's Authority If the Lessee is an entity other than an individual, each individual executing this lease on behalf of said entity represents and warrants that he or she is duty authorized to execute and deliver this lease on behalf of said entity and that this lease is binding upon said entity in accordance with its terms. The Lessee shall deliver a certified copy of the appropriate document evidencing authorization for such execution. Revised March 19,2015 Page 13 of 16 I. Entire Agreement This lease and all documents incorporated herein by reference represent the entire agreement between the parties hereto. No oral agreement or implied covenant shall be held to vary the provisions hereof. J. Amendments This lease shall not be amended or ratified except by written document executed by the parties hereto. K. Certain Rules of Construction Time is of the essence in the performance of this lease. Unless the context clearly implies otherwise, each and every act to be performed or obligation to be fulfilled by the Lessee under this lease shall be performed or fulfilled at the Lessee's sole cost and expense. Lessee's failure to perform any of its obligations under this Lease in a timely manner shall be a breach of this lease. L. Governing Law and Venue This lease shall be governed by and construed in accordance with the laws of the State of Colorado and venue shall be in the City and County of Denver or the county in which the premises is located. M. Notices Every notice, demand, request, designation, consent, approval or other document or instrument required or permitted to be served hereunder shall be in writing, shall be deemed to have been duty served on the day of receipt and shall be sent by United States mail, postage prepaid. The parties may change the place for serving of such papers on it, or provide for the delivery of not more than two (2) additional copies, by giving the other party at least ten (10) days prior written notice to such effect. N. Severability If for any reason provisions of this lease or the application thereof to any person or circumstances, shall to any extent, be deemed invalid or unenforceable, the remainder of this lease shall not necessarily be affected thereby and each provision of the lease shall be valid and enforceable to the fullest extent permitted by law. O. Costs of Suit: Attorney's Fees In the event that the State Land Board shall, without fault on the State Land Board's part, be made party to any litigation instituted by the Lessee or by any third party against the Lessee, or by or against any person holding under or using the Premises by license of the Lessee, or for the foreclosure of any lien for labor or material furnished to or for the Lessee or any such other person or otherwise arising out of or resulting from any action or transaction of the Lessee or of any such other person, the Lessee hereby indemnifies and holds the State Land Board harmless from and against any judgment rendered against the State Land Board or the improvements or any part thereof, and all costs and expenses, including reasonable attorney's fees, incurred by the State Land Board in or in connection with such litigation. This provision shall survive the termination, cancellation or relinquishment of this lease. P. Archaeology It is contrary to state and federal law to excavate, appropriate or disturb any historical, prehistorical or archaeological site or resource on any lands administered by the State Land Board. Discovery of a suspected site or resource shall be immediately brought to the attention of the State Land Board and the State Archaeologist. Revised March 19,2015 Page 14 of 16 26. HOLDING OVER If Lessee remains in possession of the Premises after the termination of this lease (by expiration or otherwise) Lessee shall be liable for rental during such holdover possession. The reasonable rental during a holdover possession shall be two (2) times the current rental. At the State Land Board's option, the Lessee shall be construed to be in possession of the Premises and to be occupying the same so long as the Premises are used in any way to any extent by Lessee, or so long as any of his authorized or unauthorized improvements remain on the Premises. Continued occupancy shall not establish a new or extended lease term or other right, no matter how long maintained and regardless of the State Land Board's knowledge thereof. 27.ONGOING OBLIGATIONS Termination, surrender, or relinquishment shall not release or excuse Lessee from any liability: (i) for known or unknown waste or damage to the Premises, including environmental damage which arose from, or in connection with, Lessee's use or occupancy of the Premises; (ii) to the State Land Board, including all rent owed under this Lease, which accrued prior to the date of such relinquishment; (iii) from the obligations to restore or revegetate the surface and to maintain or remove Authorized Improvements or other Lessee property; or (iv) from any other requirement of this lease that survives the Termination of this Lease. Upon relinquishment, Lessee shall not be entitled to a refund of any rent previously paid. Any term, condition, restriction, reservation or covenant that gives rise to any rights or claims of the State Land Board against Lessee shall be deemed to survive the termination, relinquishment, surrender or abandonment of this lease until all claims and issues have been settled or resolved. 28.STATE LAND BOARD'S AUTHORITY This lease is entered into pursuant to the authority granted to the State Land Board by Colorado state law. 29. ADDITIONAL CONDITIONS Additional conditions, if any, are set forth below or on an attached rider, and made a part hereof. 30. NO WAIVER No failure by either party to exercise and no delay in exercising any right, power or privilege hereunder will operate as a waiver hereof, nor will any single or partial exercise of any right or privilege hereunder preclude further exercise of the same right or the exercise of any right hereunder. A waiver on one or more occasions of any provisions hereof shall not be deemed a continuing one. [Signature Page Follows] Revised March 19,2015 Page 15 of 16 IN WITNESS WHEREOF, THE STATE LAND BOARD AND THE LESSEE, BY THEIR SIGNATURES BELOW, AGREE TO THE TERMS OF THIS LEASE: Lessee: kt / {'i,c17 y C7; )to ci Signature Printed Name ,Arta,din 0Y1 U d lamp rese Vytkt k1 v'. of $oU,I -voa.r P s sac i c 1-e S LL C Position Entity STATE OF COLORADO BY THE r. 0 LA_ c o111 STATE ARD OF LAND COMMISSIONERS r . : - • ,�.. '•, �l� O 0 Appr e by. � rsss ,; �i Titl 11 I1‘CiLORi6° Application Number 4058 TRMS1343 Revised March I9,2015 Page 16 of 16 OF'CO, — o STATE OF COLORADO y o STATE BOARD OF LAND COMMISSIONERS # "" * 1876 RENEWABLE ENERGY PLANNING LEASE EXTENSION RIDER LEASE NO. 111630 This Lease Extension Rider ("Rider") dated this 10th day of February, 2021 ("Effective Date") is entered into between BOULEVARD ASSOCIATES, LLC, A Delaware limited liability company, a wholly owned subsidiary of NextEra Energy Resources LLC ("Lessee") and the State Board of Land Commissioners ("Lessor") in accordance with Section 5 of Lease No. 111630 ("Lease") and conditioned upon the payment of additional consideration in the amount of $ 8,162.98, Lessor authorizes a one year extension of the Lease to expire on the 25th day of January, 2022 for the following specific area, legally described as: DESCRIPTION OF LAND TOWNSHIP RANGE SECTION Frac. pt. NE, NW, S2 8N 67W 36 This Rider is attached to and made part of the Lease, and except to the extent specifically modified hereby, all other terms and conditions of the Lease shall remain in full force and effect through the end of the Lease term. Any inconsistency between the terms of this Rider and the terms of the Lease shall be resolved in favor of this Rider. Persons signing for Lessee hereby swear and affirm that they are authorized to act on behalf of the Lessee, and acknowledge that Lessor is relying on their representations to that effect. IN WITNESS WHEREOF, Lessor and Lessee, by their signatures below, agree to the amendment of the Lease as specified in this Rider: BOULEVARD ASSOCIATE LLC, A Delaware limited liability Company, a wholly owned subsidiary of NextEra Ene y Resourc C r By: 2/12/2021 Signature Date Kevin Gildea Authorized Representative Printed Name Title STATE OF COLORADO BY THE STATE BOARD OF LAND MMISSIONERS By: f . David S. Rodenberg, Real Estat Portfolio Agent Date: February 16, 2021 Revised DOL 20190207 APPENDIX F - BIOLOGICAL/AQUATIC AND CULTURAL RESOURCES REPORTS Appendix El Biological Resources Report Appendix F2 Aquatic Resources Report Appendix F3 Cultural Resources Report Appendix Fl Biological Resources Report BURNS McDONNELL. November 27, 2024 Brandon Smith Environmental Manager Weld BESS, LLC 700 Universe Blvd. Juno Beach, Florida 33408 Re: Protected Species Review Weld BESS Project Weld County, Colorado Brandon Smith: Burns and McDonnell has been contracted by Weld BESS, LLC to review SWCA's Biological and Aquatic Resources Inventory report dated September 2022 for the Weld Solar project to provide a professional opinion and addendum to the report to address the Project's scope change from a solar project to a battery energy storage system (BESS). The current Weld Bess Project (Project) footprint that was originally surveyed is being reduced from approximately 1,500 acres to approximately 39.1 acres (Attachment A: Figure A-1). Burns & McDonnell reviewed the approximately 39.1-acre Project Area and the approximately 324.6-acre Permitting Boundary that the Project Area is located in to determine if there are any protected species that may be impacted by Project implementation. The Biological and Aquatic Resources Inventory Report is included in Appendix J2 of the Use by Special Review application. Summary of Findings Based on a review of SWCA's Biological and Aquatic Resources Inventory Report, no federally or state-listed threatened and endangered species were identified in the updated approximately 39.1-acre Project Area or the approximately 324.6-acre Permitting Boundary. Burns and McDonnell environmental scientists reviewed the U.S. Fish and Wildlife Service's list of threatened and endangered species that have the potential to occur in the Project Area and Permitting Boundary and determined that no new species have been identified since the SWCA Biological and Aquatic Resources Inventory Report. There is No Effect to federally-listed threatened and endangered species and No Impact to state-listed threatened and endangered species within the Project Area and Permitting Boundary. Nesting habitat for migratory birds is not present within the Project Area or Permitting Boundary. Habitat for bald and golden eagles is not present within the Project Area or Permitting Boundary. No impacts to migratory birds or bald and golden eagles are anticipated. 777 Main St.Suite 2500\Fort Worth,TX 76102 0 817-377-0361 \burnsmcd.com BURNS & 1SDONNELL. Brandon Smith Weld BESS, LLC November 27, 2024 Page 2 No federally determined critical habitat has been designated in the Project Area or Permitting Boundary for any threatened or endangered species; therefore, no impact to critical habitat resulting from the proposed Project would occur. Thank you for the opportunity to provide environmental services to Weld BESS, LLC. Please contact me at (817) 570-0068 or jmjorgensen@burnsmcd.com if you have any questions regarding the information provided. Sincerely, Jared Jorgensen Senior Environmental Scientist Attachments: Attachment A- Project Location Figure Attachment B - USFWS Threatened and Endangered Species List 777 Main St.Suite 2500\Fort Worth,TX 76102 0 817-377-0361 \burnsmcd.com ATTACHMENT A - PROJECT LOCATION FIGURE ..,_, ,: , c., , . . . .,, ,,,,„,„,,,,r,„ , ., .,.. _....._ , ,.„ 1,.....,.., --- N,,,), N....:1/4.\:,‘":::',.. ,z..,,,,..._ ,. ( j1 — '��-- _ �._ - -a. - ,- .._ `-. _ -_. � -�- 1 _. � 'sue - �� (,) \Hit ..---",-,_„,.„.._., i f •, . i .. liiills`') 'A. 1., ._ 1 . ,,,,,_i\ ... ,,it.:-:_..-______,..) 1..,,,,,,,_ f.,-- ,_ --.-..?1,, IlIA. ,.: , s -.. -4-1.- 1 il ''''.----6.' -1(--.1 ' . 1... ' '''''':-. i 4 - %tql :i KR t :,k-�#...�:SIP ti.. 1..,,,„„._ . t.,.... ... .„...., .._._._ ____ ,, _ ,,,,,,„aw LG 1i Low di ' " (\ ik ,,,- . \ . .,, , . ---,---- ) I tiki- rF iy y 1 (Z1 y IR -.-L- y . A ,+I wo' �f-, 1. r-� _ .k. ,- -- °' e - 1 1 13 N-\\(\\II I I I° i 11 }5 , .{� - -.., '.: Ilit . C II - -.7--- 3 )1 ' I/ .ii. \ ,... --L.,.., 4. _ `'� \ , g \ -,- I .--'7 "--..„,,...,...,„\\...„2.12. '''''';-::''''''\\\\N . . -.*...., -'--N''-'\\--\''''' '—'11r-riN\-)\=LIICL1 heN.-- :.! Figure A-1: Project Location Scale'1:24,000 Weld County BESS Project, Weld BESS, LLC. - Weld County, Colorado Date:11/26/2024 Data Sources:Burns&McDonnell, I N0�2TH Weld BESS,LLC.,ESRI, II-1II M Permitting Boundary Il USGS �-' _ M Project Area Boundary 2,000 1,000 0 2,000 R. - L Scalein Feet =IIIIIr BURNS MSDONNELL, www.burnsmcd.cum CLINK>C:\Users\cmwestmoreland\OneDrive</LINK>-Gwn;&McDonnell\Texas GIS\Fort Worth\NextEra\145093-Weld Bess\DataFiles\ArcPro\Weld Bass CW-LAPTOP-2S94RG3Vaprx ATTACHMENT B - USFWS THREATENED AND ENDANGERED SPECIES LIST I •. W'I 11 V 1•V1 111.1111 United States Department of the Interior FISH AND WILDLIFE SERVICE Colorado Ecological Services Field Office Denver Federal Center P.O.Box 25486 Denver,CO 80225-0486 Phone: (303)236-4773 Fax: (303)236-4005 In Reply Refer To: 11/15/2024 17:50:02 UTC Project Code: 2025-0020304 Project Name: Weld BESS Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act(Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the IPaC website at regular intervals during project planning and implementation for updates to species lists and information.An updated list may be requested through the IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) Project code: 2025-0020304 11/15/2024 17:50:02 UTC (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: https://www.fws.gov/sites/default/files/documents/endangered-species-consultation- handbook.pdf Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act(MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project-related impacts.Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts, see https://www.fws.gov/program/migratory-bird-permit/what- we-do. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project-related stressors or minimize the exposure of birds and their resources to the project-related stressors. For more information on avian stressors and recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation- migratory-birds. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. 2 of 8 Project code: 2025-0020304 11/15/2024 17:50:02 UTC Attachment(s): ■ Official Species List OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Colorado Ecological Services Field Office Denver Federal Center P.O. Box 25486 Denver, CO 80225-0486 (303) 236-4773 3 of 8 Project code: 2025-0020304 11/15/2024 17:50:02 UTC PROJECT SUMMARY Project Code: 2025-0020304 Project Name: Weld BESS Project Type: Power Gen - Other Project Description: BESS Site Project Location: The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@40.614228350000005,-104.84781649481118,14z Counties: Weld County, Colorado 4 of 8 Project code: 2025-0020304 11/15/2024 17:50:02 UTC ENDANGERED SPECIES ACT SPECIES There is a total of 8 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. Note that 2 of these species should be considered only under certain conditions. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries', as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. 5 of 8 Project code: 2025-0020304 11/15/2024 17:50:02 UTC MAMMALS NAME STATUS Preble's Meadow Jumping Mouse Zapus hudsonius preblei Threatened There is final critical habitat for this species.Your location does not overlap the critical habitat. Species profile:https://ecos.fws.gov/ecp/species/4090 General project design guidelines: https://ipac.ecosphere.fws.gov/project/2Z SKBBMHUFBQ3BEJVO6ZIM76OQ/documents/ generated/6861.pdf BIRDS NAME STATUS Eastern Black Rail Laterallus jamaicensis ssp.jamaicensis Threatened No critical habitat has been designated for this species. Species profile:https://ecos.fws.gov/ecp/species/10477 Piping Plover Charadrius melodus Threatened Population: [Atlantic Coast and Northern Great Plains populations]-Wherever found,except those areas where listed as endangered. There is final critical habitat for this species.Your location does not overlap the critical habitat. This species only needs to be considered under the following conditions: ■ Project includes water-related activities and/or use in the N.Platte, S.Platte,and Laramie River Basins which may affect listed species in Nebraska. Species profile:https://ecos.fws.gov/ecp/species/6039 Whooping Crane Grus americana Endangered Population:Wherever found,except where listed as an experimental population There is final critical habitat for this species.Your location does not overlap the critical habitat. Species profile:https://ecos.fws.gov/ecp/species/758 FISHES NAME STATUS Pallid Sturgeon Scaphirhynchus albus Endangered No critical habitat has been designated for this species. This species only needs to be considered under the following conditions: ■ Project includes water-related activities and/or use in the N.Platte, S.Platte,and Laramie River Basins which may affect listed species in Nebraska. Species profile:https://ecos.fws.gov/ecp/species/7162 INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile:https://ecos.fws.gov/ecp/species/9743 FLOWERING PLANTS 6 of 8 Project code: 2025-0020304 11/15/2024 17:50:02 UTC NAME STATUS Ute Ladies'-tresses Spiranthes diluvialis Threatened No critical habitat has been designated for this species. Species profile:https://ecos.fws.gov/ecp/species/2159 Western Prairie Fringed Orchid Platanthera praeclara Threatened No critical habitat has been designated for this species. Species profile:https://ecos.fws.gov/ecp/species/1669 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S)MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. 7 of 8 Project code: 2025-0020304 11/15/2024 17:50:02 UTC IPAC USER CONTACT INFORMATION Agency: Burns & McDonnell Name: Kelli Mahmoud Address: 777 Main Street Address Line 2: Suite 2500 City: Fort Worth State: TX Zip: 76102 Email kdmahmoud@burnsmcd.com Phone: 8322141216 8 of 8 I •. W'I 11 V 1•V1 111.1111 United States Department of the Interior FISH AND WILDLIFE SERVICE Colorado Ecological Services Field Office Denver Federal Center P.O.Box 25486 Denver,CO 80225-0486 Phone: (303)236-4773 Fax: (303)236-4005 In Reply Refer To: 11/26/2024 22:09:34 UTC Project Code: 2025-0024925 Project Name: Weld BESS Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act(Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the IPaC website at regular intervals during project planning and implementation for updates to species lists and information.An updated list may be requested through the IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) Project code: 2025-0024925 11/26/2024 22:09:34 UTC (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: https://www.fws.gov/sites/default/files/documents/endangered-species-consultation- handbook.pdf Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act(MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project-related impacts.Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts, see https://www.fws.gov/program/migratory-bird-permit/what- we-do. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project-related stressors or minimize the exposure of birds and their resources to the project-related stressors. For more information on avian stressors and recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation- migratory-birds. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. 2 of 8 Project code: 2025-0024925 11/26/2024 22:09:34 UTC Attachment(s): ■ Official Species List OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Colorado Ecological Services Field Office Denver Federal Center P.O. Box 25486 Denver, CO 80225-0486 (303) 236-4773 3 of 8 Project code: 2025-0024925 11/26/2024 22:09:34 UTC PROJECT SUMMARY Project Code: 2025-0024925 Project Name: Weld BESS Project Type: Power Gen- Other Project Description: Permitting Boundary of BESS Project Location: The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@40.614195249999995,-104.84122548019565,14z .s:5 Counties: Weld County, Colorado 4 of 8 Project code: 2025-0024925 11/26/2024 22:09:34 UTC ENDANGERED SPECIES ACT SPECIES There is a total of 8 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. Note that 2 of these species should be considered only under certain conditions. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries', as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. 5 of 8 Project code: 2025-0024925 11/26/2024 22:09:34 UTC MAMMALS NAME STATUS Preble's Meadow Jumping Mouse Zapus hudsonius preblei Threatened There is final critical habitat for this species.Your location does not overlap the critical habitat. Species profile:https://ecos.fws.gov/ecp/species/4090 General project design guidelines: https://ipac.ecosphere.fws.gov/project/IGIFXG7ZXZBW5CJBD7MVMADZ2E/documents/ generated/6861.pdf BIRDS NAME STATUS Eastern Black Rail Laterallus jamaicensis ssp.jamaicensis Threatened No critical habitat has been designated for this species. Species profile:https://ecos.fws.gov/ecp/species/10477 Piping Plover Charadrius melodus Threatened Population: [Atlantic Coast and Northern Great Plains populations]-Wherever found,except those areas where listed as endangered. There is final critical habitat for this species.Your location does not overlap the critical habitat. This species only needs to be considered under the following conditions: ■ Project includes water-related activities and/or use in the N.Platte, S.Platte,and Laramie River Basins which may affect listed species in Nebraska. Species profile:https://ecos.fws.gov/ecp/species/6039 Whooping Crane Grus americana Endangered Population:Wherever found,except where listed as an experimental population There is final critical habitat for this species.Your location does not overlap the critical habitat. Species profile:https://ecos.fws.gov/ecp/species/758 FISHES NAME STATUS Pallid Sturgeon Scaphirhynchus albus Endangered No critical habitat has been designated for this species. This species only needs to be considered under the following conditions: ■ Project includes water-related activities and/or use in the N.Platte, S.Platte,and Laramie River Basins which may affect listed species in Nebraska. Species profile:https://ecos.fws.gov/ecp/species/7162 INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile:https://ecos.fws.gov/ecp/species/9743 FLOWERING PLANTS 6 of 8 Project code: 2025-0024925 11/26/2024 22:09:34 UTC NAME STATUS Ute Ladies'-tresses Spiranthes diluvialis Threatened No critical habitat has been designated for this species. Species profile:https://ecos.fws.gov/ecp/species/2159 Western Prairie Fringed Orchid Platanthera praeclara Threatened No critical habitat has been designated for this species. Species profile:https://ecos.fws.gov/ecp/species/1669 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S)MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. 7 of 8 Project code: 2025-0024925 11/26/2024 22:09:34 UTC IPAC USER CONTACT INFORMATION Agency: Burns & McDonnell Name: Kelli Mahmoud Address: 777 Main Street Address Line 2: Suite 2500 City: Fort Worth State: TX Zip: 76102 Email kdmahmoud@burnsmcd.com Phone: 8322141216 8 of 8 Appendix F2 Aquatic Resources Report BURNS &McDON NELL November 27, 2024 Brandon Smith Environmental Manager Weld BESS, LLC 700 Universe Blvd. Juno Beach, Florida 33408 Re: Biological and Aquatic Resources Review Weld BESS Project Weld County, Colorado Brandon Smith: Burns and McDonnell has been contracted by Weld BESS, LLC to review SWCA's Biological and Aquatic Resources Inventory Report dated September 2022 for the Weld Solar Project to provide a professional opinion and addendum to the report to address the Project's scope change from a solar project to a battery energy storage system (BESS). The current Weld Bess Project (Project) footprint that was originally surveyed is being reduced from approximately 1,500 acres to approximately 39.1 acres (Attachment A: Figure A-1). Burns & McDonnell reviewed the approximately 39.1-acre Project Area and the approximately 324.6-acre Permitting Boundary to determine if there are any natural resources that may be impacted by Project implementation. The Biological and Aquatic Resources Inventory Report is included in Appendix J2 of the Use by Special Review application. Summary of Findings Burns and McDonnell environmental scientists reviewed topography maps, NWI and NHD data, and the SWCA Biological and Aquatic Resources Inventory Report. One NHD feature occurs within the Project Area, and five NHD features occur in the Permitting Boundary (Attachment A: Figure A-2). According to the SWCA Biological and Aquatic Resources Inventory Report, there are no delineated wetlands in the updated Project Area or Permitting Boundary. Mapped National Wetlands Inventory (NWI) and National Hydrography Dataset (NHD)features were assessed and determined to be vegetated upland swales and ditches within dryland agricultural fields. 777 Main St.Suite 2500\Fort Worth,TX 76102 0 817-377-0361 \burnsmcd.com BURNS McDONNELL. Brandon Smith Weld BESS, LLC November 27, 2024 Page 2 Thank you for the opportunity to provide environmental services to Weld BESS, LLC. Please contact me at (817) 570-0068 or jmjorgensen@burnsmcd.com if you have any questions regarding the information provided. Sincerely, Jared Jorgensen Senior Environmental Scientist Attachments: Figure A-1: Project Location Figure A-2: Potential WOTUS ATTACHMENT A - PROJECT FIGURES ..,_, ,: , c., , . . . .,, ,,,,„,„,,,,r,„ , ., .,.. _....._ , ,.„ 1,.....,.., --- N,,,), N....:1/4.\:,‘":::',.. ,z..,,,,..._ ,. ( j1 — '��-- _ �._ - -a. - ,- .._ `-. _ -_. � -�- 1 _. � 'sue - �� (,) \Hit ..---",-,_„,.„.._., i f •, . i .. liiills`') 'A. 1., ._ 1 . ,,,,,_i\ ... ,,it.:-:_..-______,..) 1..,,,,,,,_ f.,-- ,_ --.-..?1,, IlIA. ,.: , s -.. -4-1.- 1 il ''''.----6.' -1(--.1 ' . 1... ' '''''':-. i 4 - %tql :i KR t :,k-�#...�:SIP ti.. 1..,,,„„._ . t.,.... ... .„...., .._._._ ____ ,, _ ,,,,,,„aw LG 1i Low di ' " (\ ik ,,,- . \ . .,, , . ---,---- ) I tiki- rF iy y 1 (Z1 y IR -.-L- y . A ,+I wo' �f-, 1. r-� _ .k. ,- -- °' e - 1 1 13 N-\\(\\II I I I° i 11 }5 , .{� - -.., '.: Ilit . C II - -.7--- 3 )1 ' I/ .ii. \ ,... --L.,.., 4. _ `'� \ , g \ -,- I .--'7 "--..„,,...,...,„\\...„2.12. '''''';-::''''''\\\\N . . -.*...., -'--N''-'\\--\''''' '—'11r-riN\-)\=LIICL1 heN.-- :.! Figure A-1: Project Location Scale'1:24,000 Weld County BESS Project, Weld BESS, LLC. - Weld County, Colorado Date:11/26/2024 Data Sources:Burns&McDonnell, I N0�2TH Weld BESS,LLC.,ESRI, II-1II M Permitting Boundary Il USGS �-' _ M Project Area Boundary 2,000 1,000 0 2,000 R. - L Scalein Feet =IIIIIr BURNS MSDONNELL, www.burnsmcd.cum CLINK>C:\Users\cmwestmoreland\OneDrive</LINK>-Gwn;&McDonnell\Texas GIS\Fort Worth\NextEra\145093-Weld Bess\DataFiles\ArcPro\Weld Bass CW-LAPTOP-2S94RG3Vaprx Nt , ,_ - \ ry �' 4i I �• ry �• r r • d a. WAIL 7 Figure A-2: Potential Waters of the U.S. Scale:1:7,200 Weld County BESS Project, Weld BESS, LLC. - Weld County, Colorado Date:11/26/2024 Data Sources:Burns&McDonnell, I No TH Weld BESS LLC.,ESRI, I�-"I' M Permitting Boundary — NHD Stream/River USGS NHD,°SFWSNWI 11110-' _ M Project Area Boundary NWI Wetland 600 300 0 600 Al iR - L Scale in Feet .—"? I W$ r I BM1RNS i � DONNELL, www.burnsmcd.curn <LINK>C::\Users\cmwestmoreland\OneDrive</LINK>-Burns&McDonnell\Texas GlS\Fort Worth\NextEra\145093-Weld Bess\DataFiles\ArcPro\Weld Bass_CW-LAPTOP-2S94RG3Vaprx Appendix F3 Cultural Resources Report BURNS McDONNELL. November 27, 2024 Brandon Smith Environmental Manager Weld BESS, LLC 700 Universe Blvd. Juno Beach, Florida 33408 Re: Cultural Resources Review Weld BESS Project Weld County, Colorado Brandon Smith: Burns & McDonnell has been contracted by Weld BESS, LLC to review SWCA's Cultural Resources Inventory Report dated September 2022 for the Weld Solar project to provide a professional opinion and addendum to the report to address the Project's scope change from a solar project to a battery energy storage system (BESS). The Weld BESS Project (Project) footprint that was originally surveyed is being reduced from approximately 1,500 acres to approximately 39.1 acres. Burns & McDonnell reviewed the approximately 39.1-acre Project Area and the 324.6-acre Permitting Boundary that the Project Area is located within to determine if there are any cultural resources that may be impacted by Project implementation (Attachment A: Figure A-1). The SWCA Cultural Resources Inventory Report is included in Appendix J1 of the Use by Special Review application. Summary of Findings Based on a review of SWCA's Cultural Resources Inventory Report, no previous or newly recorded cultural resources are located within the updated Project Area or Permitting Boundary. Additionally, a Burns & McDonnell Archaeologist consulted with Colorado's Compass Database to confirm that as of November 2024, no new cultural resources have been identified within the Project Area or Permitting Boundary (Attachment A: Figure A-2). If cultural materials are encountered during construction, work should cease in the immediate area and Weld BESS, LLC should contact the Office of Archaeology & Historic Preservation (OAHP)to consult on further actions that may be necessary to protect the cultural materials. Work may continue in areas where no cultural materials are present. 777 Main Street\Fort Worth,TX 76102 0 817-377-0361 \burnsmcd.com BURNS McDONNELL. Brandon Smith Weld BESS, LLC November 27, 2024 Page 2 Thank you for the opportunity to provide cultural resources services to Weld BESS, LLC. Please contact me at (682) 990-9365 or dmmartin@burnsmcd.com if you have any questions regarding the information provided. Sincerely, Miles Martin Natural & Cultural Resources Project Manager Attachments: Figure A-1: Project Location Figure A-2: Cultural Resources Review ATTACHMENT A - PROJECT FIGURES ..,_, ,: , c., , . . . .,, ,,,,„,„,,,,r,„ , ., .,.. _....._ , ,.„ 1,.....,.., --- N,,,), N....:1/4.\:,‘":::',.. ,z..,,,,..._ ,. ( j1 — '��-- _ �._ - -a. - ,- .._ `-. _ -_. � -�- 1 _. � 'sue - �� (,) \Hit ..---",-,_„,.„.._., i f •, . i .. liiills`') 'A. 1., ._ 1 . ,,,,,_i\ ... ,,it.:-:_..-______,..) 1..,,,,,,,_ f.,-- ,_ --.-..?1,, IlIA. ,.: , s -.. -4-1.- 1 il ''''.----6.' -1(--.1 ' . 1... ' '''''':-. i 4 - %tql :i KR t :,k-�#...�:SIP ti.. 1..,,,„„._ . t.,.... ... .„...., .._._._ ____ ,, _ ,,,,,,„aw LG 1i Low di ' " (\ ik ,,,- . \ . .,, , . ---,---- ) I tiki- rF iy y 1 (Z1 y IR -.-L- y . A ,+I wo' �f-, 1. r-� _ .k. ,- -- °' e - 1 1 13 N-\\(\\II I I I° i 11 }5 , .{� - -.., '.: Ilit . C II - -.7--- 3 )1 ' I/ .ii. \ ,... --L.,.., 4. _ `'� \ , g \ -,- I .--'7 "--..„,,...,...,„\\...„2.12. '''''';-::''''''\\\\N . . -.*...., -'--N''-'\\--\''''' '—'11r-riN\-)\=LIICL1 heN.-- :.! Figure A-1: Project Location Scale'1:24,000 Weld County BESS Project, Weld BESS, LLC. - Weld County, Colorado Date:11/26/2024 Data Sources:Burns&McDonnell, I N0�2TH Weld BESS,LLC.,ESRI, II-1II M Permitting Boundary Il USGS �-' _ M Project Area Boundary 2,000 1,000 0 2,000 R. - L Scalein Feet =IIIIIr BURNS MSDONNELL, www.burnsmcd.cum CLINK>C:\Users\cmwestmoreland\OneDrive</LINK>-Gwn;&McDonnell\Texas GIS\Fort Worth\NextEra\145093-Weld Bess\DataFiles\ArcPro\Weld Bass CW-LAPTOP-2S94RG3Vaprx • i 5WL.156 • •`' • • if • -.4' . ‘ „At _i -.' _ - . , WL.LM.NR89• ► .. ‘ " 'mow ` 11 -ill‘'. --)1 .. it 1 :i - 1 _ _ ' r 1 rl V,,, ,. ., i. ...„ -, r kr.n"IMrq 1 I''' . - . - , 1 i''' t t 0�I f I :::.,, IL.. 111 I «.` - ti WL.ENR1 .« `,, y Ir -� �.. _• ' K-1,7---: -i=a _"ems , y _. - _ I • 1111111t111% 5WL.3167—/ + _ ti * II p WL.LM.R62 5WL.3167.6 •,. WI/E.R 4L.2�c7..7:\` _ _ _ 5WL.8076.4 —• - • y Figure A-2: Cultural Resources Review Scale:1:27,600 Weld County BESS Project, Weld BESS, LLC. - Weld County, Colorado Date:11/26/2024 Data Sources:Burns&McDonnell, NO TH Weld BESS LLC.,ESRI, M Permitting Boundary Archaeological Site Il CHECompass NO=11- _ Feet 0 1,150 2,300 177 Project Area Boundary Previous Investigation I { I Al - R. - Meters I 350 700 7-"? IMIIIIIr I BURNS i MSDONNELL, www.burnsmcd.cum <LINK>C.'\Users\cmwestmoreland\OneDrive</LINK>-Burns&McDonnell\Texas GlS\Fort Worth\NextEra\145093-Weld Bess\DataFiles\ArcPro\Weld Bass_OW-LAPTOP-2S94RG3Vaprx BURNS &'IEDONNELL.. Decommissioning Cost Estimate Study Weld Energy Storage, LLC Weld Energy Storage Project Project No. 145093 12/11/2024 Weld Energy Storage Facility 18.0 DECOMISSIONING PLAN The design life of the facility equipment(i.e.,BESS,transformers, and interconnect)is 30 years with proposed augmentation. In the event that generation at the Project site is terminated,Weld Energy Storage will decommission the facility by removing all structures, including foundations to a depth of 3 feet below grade where feasible and requested by landowner,removing re-saleable or salvageable material, and disposing of all unsalvageable material at an authorized site. The soil surface will be restored as close as practicable to its original condition. A draft Decommissioning Plan is included in Appendix I. Weld Energy Storage, LLC 18-1 Burns&McDonnell Decommissioning Study Table of Contents TABLE OF CONTENTS Page No. 1.0 INTRODUCTION 1-1 1.1 Study Overview 1-1 1.2 Project Overview 1-1 1.3 Applicable Regulations 1-1 1.4 Site Visit 1-1 2.0 PROJECT OVERVIEW 2-1 2.1 Battery Energy Storage System 2-1 2.2 Electrical Cabling 2-1 2.3 Project Substation 2-1 2.4 Transmission Line 2-2 2.5 Access Roads 2-2 2.6 Maintenance Facility 2-3 3.0 DECOMMISSIONING PLAN 3-1 3.1 Decommissioning Plan 3-1 3.2 General Decommissioning Assumptions 3-2 4.0 RESULTS 4-1 APPENDIX A - PROJECT SITE LAYOUT Weld Energy Storage, LLC TOC-1 Burns&McDonnell Decommissioning Study Table of Contents LIST OF TABLES Page No. Table 4-1: Estimated Decommissioning Costs (2024$) 4-1 Weld Energy Storage, LLC TOC-2 Burns&McDonnell Decommissioning Study List of Abbreviations LIST OF ABBREVIATIONS Abbreviation Term/Phrase/Name Applicable Regulations Requirements of decommissioning determined as defined in section 1.3 BESS Battery energy storage system BMP Best management practices Burns&McDonnell Burns&McDonnell Engineering Company, Inc. Developer Weld Energy Storage,LLC Project Weld Energy Storage Project Project Site Location of the Project in Weld County, Colorado Study Decommissioning Plan/Decommissioning Obligation Cost Evaluation Zoning Ordinance Weld County Ordinance Section No. 23-4-1030 Weld Energy Storage, LLC i Burns&McDonnell Decommissioning Study Disclaimers DISCLAIMERS Burns&McDonnell Engineering Company, Inc. ("Burns&McDonnell") do not provide legal, accounting, or tax advice. The reader is responsible for obtaining independent advice concerning these matters. That advice should be considered by reader,as it may affect the content,opinions, advice,or guidance given by Burns&McDonnell. Further,Burns&McDonnell has no obligation and has made no undertaking to update these materials after the date hereof,notwithstanding that such information may become outdated or inaccurate. These materials serve only as the focus for consideration or discussion; they are incomplete without the accompanying oral commentary or explanation and may not be relied on as a stand-alone document. The information, analysis, and opinions contained in this material are based on publicly available sources, secondary market research, and financial or operational information, or otherwise information provided by or through Burns&McDonnell clients whom have represented to Burns&McDonnell they have received appropriate permissions to provide to Burns&McDonnell, and as directed by such clients,that Burns&McDonnell is to rely on such client-provided information as current, accurate, and complete. Burns&McDonnell has not conducted complete or exhaustive research, or independently verified any such information utilized herein, and makes no representation or warranty, express or implied,that such information is current, accurate,or complete. Projected data and conclusions contained herein are based (unless sourced otherwise)on the information described above and are the opinions of Burns& McDonnell which should not be construed as definitive forecasts and are not guaranteed. Current and future conditions may vary greatly from those utilized or assumed by Burns&McDonnell. Burns&McDonnell has no control over weather; cost and availability of labor,material, and equipment; labor productivity; energy or commodity pricing; demand or usage;population demographics;market conditions; changes in technology,and other economic or political factors affecting such estimates, analyses, and recommendations. To the fullest extent permitted by law, Burns&McDonnell shall have no liability whatsoever to any reader or any other third party,and any third party hereby waives and releases any rights and claims it may have at any time against Burns&McDonnell,Burns&McDonnell Engineering Company,Inc., and any Burns&McDonnell affiliated company,with regard to this material, including but not limited to the accuracy or completeness thereof. Any entity in possession of,or that reads or otherwise utilizes information herein,is assumed to have executed or otherwise be responsible and obligated to comply with the contents of any Confidentiality Weld Energy Storage, LLC i Burns&McDonnell Decommissioning Study Disclaimers Agreement and shall hold and protect its contents, information, forecasts, and opinions contained herein in confidence and not share with others without prior written authorization. Weld Energy Storage, LLC ii Burns&McDonnell Decommissioning Study Introduction 1.0 INTRODUCTION 1.1 Study Overview Burns &McDonnell Engineering Company,Inc. ("Burns&McDonnell")was retained by Weld Energy Storage,LLC("Developer")to conduct a decommissioning cost evaluation(the"Study") for the proposed Weld Energy Storage Project(the"Project"). The objective of the Study was to review the Project and to make a recommendation regarding the decommissioning plan for retiring the facility at the end of its useful life, due to decommissioning responsibility falling on the developer or owner per the 1041 Solar Energy Facility regulation. 1.2 Project Overview The proposed Weld Energy Storage Project will be located in Weld County, Colorado ("Project Site"), approximately 4 miles west of the town of Pierce. At the time of the Study the facility had not yet achieved commercial operation. The Study is based upon preliminary design information and will be updated based upon the final design. 1.3 Applicable Regulations Decommissioning obligations are not currently regulated in applicable federal or state law. Decommissioning obligations are also not currently regulated for energy storage facilities in local law; however,the Weld County Ordinance Section No. 23-4-1030("Zoning Ordinance", "Applicable Regulations") addresses decommissioning requirements for a solar energy facility and requires removal of all solar project equipment, structures, and facilities to a depth of 36 inches below grade. As such,this Study has adopted the solar ordinance and assumes that(i) all above-grade structures associated with the Project will be removed and(ii) all Project equipment, structures, and supporting facilities will be removed to a depth of 36 inches below grade, in each case in accordance with the Zoning Ordinance. 1.4 Site Visit Burns&McDonnell did not visit the Project as part of this Study. The contents of this evaluation are based exclusively upon desktop analysis by Burns&McDonnell. Weld Energy Storage, LLC 1-1 Burns&McDonnell Decommissioning Study Project Overview 2.0 PROJECT OVERVIEW The decommissioning cost evaluation for the Study was prepared by Burns&McDonnell based on the following assumptions regarding the Project facilities. The overall Project configuration that was used as the basis for this Study is shown in Appendix A. 2.1 Battery Energy Storage System The Project includes 176 CATL EnerC battery containers with CATL 3.2V 306Ah lithium ion phosphate battery cells.Weights, dimensions, and specifications for the Battery Energy Storage System("BESS") equipment were pulled from product specifications provided by the client for purposes of this Study. The fenced area of the Project encompasses approximately 6 acres; approximately 2,500 linear feet of fence was assumed to be installed. The land within the perimeter fencing is predominantly agricultural. Approximately 25%of this area was assumed to be disturbed and require grading and reseeding as part of decommissioning. In addition to removal of surfacing material,all above-grade equipment within the perimeter fence of the Project will be removed as part of decommissioning, including the containers and fencing. All salvageable materials will be loaded onto trucks and hauled to a scrap yard for recycling. All other materials will be loaded onto trucks and hauled to a local landfill for disposal. All below-grade equipment and foundations associated with the Project will be removed to a depth of 36 inches below grade in accordance with the Applicable Regulations. Voids left from the removal of the below-grade foundations will be backfilled with surrounding soils and fine graded to provide suitable drainage. 2.2 Electrical Cabling Below-grade cabling was assumed to be buried at a minimum depth of 36 inches below grade. At this depth,all cables are assumed to remain in place after the Project is decommissioned as they exceed the depth requirement set forth in the Applicable Regulations. However, if the demolition contractor deems the salvageable value of the cabling to be greater than the cost for removal,the contractor may elect to remove the cabling at its own cost. 2.3 Project Substation Power from the BESS project is delivered via power cables to an on-site collector substation where it is transformed to 230 kV. The Project substation was assumed to consist of one 230-kV main power Weld Energy Storage, LLC 2-1 Burns&McDonnell Decommissioning Study Project Overview transformer,one 230-kV breaker, and other typical equipment, including disconnect switches,lightning masts, control building, and other ancillary equipment.Weights, dimensions, and specifications for this equipment were each assumed by Burns&McDonnell for purposes of this Study. All above-grade equipment within the perimeter fence of the substation will be removed as part of decommissioning, including transformers,breakers,buildings, crushed rock surfacing,and fencing. All salvageable materials will be loaded onto trucks and hauled to a scrap yard for recycling. All other materials will be loaded onto trucks and hauled to a local landfill for disposal. All below-grade equipment and foundations associated with the substation will be removed to a depth of 36 inches below grade in accordance with the Applicable Regulations.Voids left from the removal of the below-grade foundations will be backfilled with surrounding soils and fine graded to provide suitable drainage. 2.4 Transmission Line No design information was available for the Project transmission line at the time this Study was written, so it was assumed that the Project will be interconnected to the regional electric transmission grid through a 345-kV transmission line. The approximately 1,800-feet, 345-kV overhead line transfers power from the on-site collector substation to the point of interconnection and was assumed to consist of approximately 4 steel pole structures. All above-grade equipment associated with the transmission line(up to the point of change of ownership) will be removed as part of decommissioning,including structures, conductors, and cabling.All salvageable materials will be loaded onto trucks and hauled to a scrap yard for recycling. All other materials will be loaded onto trucks and hauled to a local landfill for disposal. All below-grade equipment and foundations associated with the transmission line will be removed to a depth of 36 inches below grade in accordance with the Applicable Regulations. Voids left from the removal of the below-grade foundations/structures will be backfilled with surrounding soils and fine graded to provide suitable drainage. 2.5 Access Roads The Project will utilize access roads to support construction and allow for vehicle access to facilitate inspections and maintenance during operation. Access roads were assumed to be 26-feet wide and be surfaced with 6 inches of crushed rock. A total of approximately 4,300 linear feet of access roads was assumed to be installed. Weld Energy Storage, LLC 2-2 Burns&McDonnell Decommissioning Study Project Overview All crushed rock surfacing will be removed from the access roads. The removed crushed rock will be loaded into dump trucks and hauled offsite. Crushed rock can be recycled and reused and typically has a salvage value as a commodity equal to or greater than the cost to haul to an end user. However, for the purpose of this Study,the cost to remove the crushed rock,load it into dump trucks, and haul it offsite was assumed to be at the expense of the Project. Areas where crushed rock surfacing has been removed will be fine graded to provide suitable drainage. In right-of-way and non-agricultural areas,the ground will be seeded to prevent erosion. 2.6 Maintenance Facility The Project is not expected to include an on-site operations and maintenance building, so this was excluded from the Study. Weld Energy Storage, LLC 2-3 Burns&McDonnell Decommissioning Study Decommissioning Plan 3.0 DECOMMISSIONING PLAN 3.1 Decommissioning Plan When it is determined that the Project should be retired,the Project equipment will be removed as noted herein.It was assumed that the Project will incur costs for removal and disposal of the energy storage components, foundations,and other Project facilities,as well as for the restoration of the site following the removal of equipment.However,the above-grade steel, aluminum, and copper equipment is expected to have significant scrap value to a salvage contractor that will offset a portion of the decommissioning costs. All recyclable materials will be recycled to the extent possible,while all other non-recyclable waste materials will be disposed of in accordance with state and federal law. Prior to commencing activities associated with foundation removal, crushed rock surfacing removal, or any other earthwork, an approved erosion control plan will need to be developed by the demolition contractor. Best management practices("BMPs")applicable at the time that decommissioning activities occur will need to be implemented by the contractor for control of storm water runoff. Since decommissioning activities are not anticipated to occur for 20 years or more,BMPs may differ from current standards, although if decommissioning takes place in the near future,Burns&McDonnell would anticipate BMPs such as silt fencing,proper compaction, seeding, and mulching practices to be implemented. BMPs will need to be reviewed by the contractor prior to commencing decommissioning activities to determine the appropriate BMPs at that time. To the extent necessary,permits relating to decommissioning activities will need to be obtained,including permits from the state and local level as well as from the Environmental Protection Agency. Demolition will be dependent on state and local requirements and how the solar system is designated per zoning requirements. The costs included in this Study are expected to be sufficient for a demolition contractor to develop suitable plans for the control of surface water drainage and water accumulation as well as for backfilling,soil stabilization,compacting, and grading prior to commencing demolition activities. As part of decommissioning, all disturbed areas at the site will be returned to as close to predevelopment conditions as practicable. The cost estimates provided herein include activities and costs to return the land to a condition suitable for agricultural use subsequent to decommissioning of the Project. The activities associated with the decommissioning plan described above are anticipated to be completed within a 6-month timeframe, including approximately two months for planning,and permitting activities; approximately three months for demolition; and approximately one month for site restoration. Per the Zoning Ordinances, decommissioning will begin within 12 months after the power production has ceased, Weld Energy Storage, LLC 3-1 Burns&McDonnell Decommissioning Study Decommissioning Plan and it will not exceed 12 months in duration from the start of the decommissioning. Additional time may be required for post-decommissioning activities, including monitoring of new vegetation. However,this timetable and the cost estimates below should provide sufficient time and budget to comply with any applicable health and safety regulations. 3.2 General Decommissioning Assumptions In addition to other assumptions noted herein,the following general assumptions were utilized for the Study's decommissioning cost estimates: 1. All costs are presented in current(2024)dollars using a site cost index of 101.1%for Fort Collins, Colorado. 2. The estimate is based on information provided by Weld Energy Storage,LLC. Other Project- related information was assumed by Burns&McDonnell. 3. An approved disposal facility will be used for the disposal of debris from decommissioning activities. If an approved disposal facility such as Larimer County Landfill is used for the disposal of demolition waste,the hauling distance is approximately 20 miles from the Project and the cost for disposal of debris and concrete is $41 per ton. If an approved battery recycling center such as Fort Collins Batteries Plus is used to recycle spent batteries,the hauling distance is approximately 13 miles from the Project and the cost for disposal of batteries is $4.50 per pound. 4. Scrap values are based upon an average of monthly American Metal Market prices;the most recent 12-month period(December 2023 through November 2024)was used for this estimate. These values include the cost to haul the scrap via truck and/or rail to the major market which provides the best market at the time of this Study is Houston,Texas. Prices used include: a. Steel scrap value of$255.04 per net ton b. Copper scrap value of$3.17 per net pound c. Aluminum scrap value of$0.42 per net pound 5. All containers and chemical storage tanks owned by the Project were assumed to be drained and the contents disposed of prior to demolition; these costs are excluded from the estimate.No allowances are included for unforeseen environmental remediation activities. 6. All underground equipment will be removed to a depth of 36 inches below grade in accordance with the Applicable Regulations.All non-hazardous structures or foundations greater than 36 inches below grade will remain and are excluded from the decommissioning estimate. 7. It was assumed that all disturbed areas will be restored to original grade,reclaimed with native soils, seeded, and replanted with native vegetation consistent with the surrounding land use. Weld Energy Storage, LLC 3-2 Burns&McDonnell Decommissioning Study Decommissioning Plan 8. Transformers will be removed and processed on-site. The cost to drain and dispose of transformer oil off-site is included in the decommissioning cost estimate. 9. The Project laydown yards utilized during construction of the Project were assumed to have been previously reclaimed and restored;no further grading, seeding, or other restoration of these areas is included in this estimate. 10. Cost estimates include 5 percent indirect and 20 percent contingency. 11. Market conditions may result in cost variations at the time of contract execution. 12. Valuation and sale of land,as well as replacement generation costs, are excluded from this scope. Weld Energy Storage, LLC 3-3 Burns&McDonnell Decommissioning Study Results 4.0 RESULTS The total cost to decommission the Project at the end of its useful life,based on the assumptions noted herein, is estimated to be approximately$5,431,300; a detailed breakdown of these costs is included in Table 4-1 below. Table 4-1: Estimated Decommissioning Costs (2024$) Project Facilities Cost BESS Decommissioning $ 4,302,800 Electrical $ 39,600 Roads $ 27,000 Perimeter Fencing $ 26,100 Concrete/Debris $ 21,800 Project Substation $ 218,400 Transmission Line $ 10,400 Site Restoration $ 11,700 Total Estimated Cost $ 4,657,800 Owner Indirects(5%) $ 232,900 Contingency(20%) $ 931,600 Total Gross Cost $ 5,822,300 Estimated Scrap/ Salvage Value $ (391,000) Total Net Cost $ 5,431,300 Weld Energy Storage, LLC 4-1 Burns&McDonnell APPENDIX A - PROJECT SITE LAYOUT • • . - • ;- • • Weld Energy Storage Project 11.BURNS Weld County, Colorado '"A MSDONNELL Weld Energy Storage, LLC II BURNS &1cDON NELL. CREATE AMAZING. 1111111066, Burns&McDonnell World Headquarters 9400 Ward Parkway Kansas City, MO 64114 O 816-333-9400 jjsrncd.com 33-3690 APPENDIX G - DRAINAGE STUDY BURNS �MEDONNELL, • Preliminary Drainage Report Weld Solar BESS and Substation PROJECT NO. 145093 REVISION 0 DECEMBER 11 , 2024 • December 2024 Preliminary Drainage Report Revision 0 Index & Certification Client Name Weld BESS, LLC Report Title Preliminary Drainage Report Project No. 145093 Report Index Chapter Number Number Chapter Title of Pages 1. Introduction 1 2.0 Site Description 1 3.0 Drainage Design Criteria 2 4.0 Drainage Design 1 5.0 Drainage Facility Design 1 6.0 Conclusion 1 AppendixA Report Checklist 3 Appendix B Drainage Map Figures 2 Appendix C NOAA Data 4 Appendix D Soil Survey 2 Appendix E FEMA Firm Map 1 Appendix F Detention Calculations 4 Certification I hereby certify,as a Professional Engineer in the state of Colorado,that the information in this document was assembled under my direct personal charge.This report is not intended or represented to be suitable for reuse by Weld BESS, LLC or others without specific verification or adaptation by the Engineer. 14.1104. L C' ' y� Joshua Lee, P.E.Colorado P.E. License 45206 rCs G� , Cal • � 520 Date: December 9, 2024 �l+ 2/09/2024 ONA L Weld BESS,LLC December 2024 Preliminary Drainage Report Revision 0 Contents 1.0 Introduction 1-1 1.1 Description 1-1 1.2 Scope of Work 1-1 2.0 Site Description 2-1 2.1 Location 2-1 2.2 Pre-Development Site Characteristics 2-1 2.3 Hydrological Soil Data 2-1 2.4 Fema Flood Zone 2-1 2.5 Post-Development Site Characteristics 2-1 3.0 Drainage Design Criteria 3-1 3.1 Regulations 3-1 3.2 Storm Drainage Criteria 3-1 3.3 Precipitation Data 3-1 3.4 Calculation Methodologies 3-2 4.0 Drainage Design 4-1 4.1 Drainage Basins 4-1 4.1.1 Off-Site Basin"OFF-1" 4-1 4.1.2 Basin 1 4-1 5.0 Drainage Facility Design 5-1 5.1 General Concept 5-1 5.2 Pre-Development Runoff 5-1 5.3 Post-Development Peak Runoff 5-1 5.4 Detention Facility Design 5-1 6.0 Conclusion 6-1 6.1 Weld County Code Compliance Statement 6-1 6.2 Drainage System Maintenance 6-1 APPENDIX A-REPORT CHECKLIST APPENDIX B-DRAINAGE MAP FIGURES APPENDIX C—NOAA DATA APPENDIX D—SOIL SURVEY APPENDIX E—FEMA FIRM MAP APPENDIX F—DETENTION CALCULATIONS Weld BESS,LLC December 2024 Preliminary Drainage Report Revision 0 Tables Table 1 —NOAA Precipitation Estimates 3-1 Table 2—Pre-Development Peak Runoff 5-1 Table 3—Post-Development Peak Runoff 5-1 Table 4—Detention Pond Design Information 5-2 Weld BESS,LLC December 2024 Preliminary Drainage Report Revision 0 1 .0 Introduction 1.1 Description This Preliminary Drainage Report is prepared on behalf of Weld BESS, LLC in support of the permitting process for construction of a Battery Energy Storage System (BESS)for the Weld Solar Project in Weld County,Colorado.The project consists of developing a section of rangeland that has an area of approximately 33 acres into a solar generation facility.The purpose of this report is to describe the expected hydrologic conditions for the facility and to document its plan for compliance with applicable stormwater requirements.Standards presented in Chapter 8,Article XI of Weld County Code and the Mile High Flood District's Urban Storm Drainage Criteria Manual(USDCM)are adhered to in this report and analysis. 1.2 Scope of Work Construction will include a BESS,substation,staging area,access road,and associated equipment.The scope of work also includes some limited clearing,grubbing,and excavation.The purpose of this Preliminary Drainage Report is to present the pre-and post-development stormwater runoff conditions and show that the proposed stormwater detention pond will maintain pre-development stormwater runoff conditions. Burns& McDonnell outlined drainage basins and analyzed pre-and post-development runoff to determine the impact of the installation of the facility and how to maintain historical flows and drainage patterns.The drainage report checklist is included in Appendix A. Introduction Weld BESS,LLC 1-1 December 2024 Preliminary Drainage Report Revision 0 2.0 Site Description 2.1 Location The Weld BESS is in Weld County,Colorado, bounded to the north by rangeland,to the east and south by the defunct irrigation ditch,and to the west by an unnamed dirt access road.The project site is located in the southwest corner of Section 36,T8N, R67W in Weld County,Colorado. 2.2 Pre-Development Site Characteristics The Weld BESS Project site and surrounding areas are located within the(A)Agricultural zone of Weld County,classified as a non-urbanizing area.The site is located on property owned by the State of Colorado and Titan Oil&Gas LLC that binds the property to the north and east, Linda D Blehm Trust and David L Drake Trust to the south,and Berrado Holdings LLD to the west.The existing property characteristics can be found in Figure 1. The existing project area generally flows north to south over gently sloping rangeland,consisting of entirely pervious area.To the south of the site there is a defunct irrigation ditch that collects all flows from the project area. Runoff flows along the ditch until it can break out into larger drainage ways. 2.3 Hydrological Soil Data Soil survey data obtained from the Natural Resources Conservation Services(NRCS)shows that the project site is comprised of majority Ascalon fine sandy loam which are classified under Hydrologic Soil Group(HSG) B.The NRCS soil survey report can be found in Appendix D. 2.4 Fema Rood Zone Based on the Federal Emergency Management Agency(FEMA)Flood Insurance Rate Maps(FIRM) Map No. 08123C1205E for Weld County,Colorado,effective date January 20,2016,the site is located within Zone X. Zone X is an area determined to be outside the 0.2%annual chance(500-year flood event). Rainfall amounts for statistical storm events(1-year to 500-year)are included in Table 1.The flood hazard map is provided in Appendix E. 2.5 Post-Development Site Characteristics Construction will include the BESS,substation,staging area,access roads,inverters,transformers and associated equipment.Construction will also include a small amount of site clearing,excavation,and grading to promote effective drainage across the site. The proposed development will utilize drainage channels that will route existing off-site flows from the north around the project area.On-site flows will be routed via overland flow towards a detention pond located southwest of the substation area. The pond outlet will discharge into the defunct irrigation ditch to the south of the project area. Site Description Weld BESS,LLC 2-1 December 2024 Preliminary Drainage Report Revision 0 3.0 Drainage Design Criteria 3.1 Regulations This Drainage Report was prepared in compliance with regulations presented in Weld County Code Ordinance 2019-12.The calculations and analysis summarized in this report were prepared in accordance with Chapter 8,Article XI of Weld County Code,and the USDCM methods presented by the Mile High Flood District.This analysis utilizes the rational method as the project area is less than 90 acres. 3.2 Storm Drainage Criteria Weld County storm drainage standards are based on criteria set forth in the USDCM with supplemental criteria presented by Weld County in Article XI,Storm Drainage Criteria.The Drainage Criteria presented by Weld County are adhered to in this Report.The applicable criteria for storm drainage design at the Weld Solar Project are as follows: • Peak stormwater runoff flows for both pre-and post-development site conditions were calculated for the 10-year and 100-year, 1-hour precipitation design storm data; • The detention pond was sized with the capacity to store the post-development sire runoff volume produced by the 1-hour, 100-year design storm and the Water Quality Capture Volume(WQCV); • The detention pond outlet structure was designed with capacity to discharge no more than the pre- development site runoff rate produced by the 1-hour, 10-year design storm. Pre-development imperviousness is assumed to be 2%. 3.3 Precipitation Data To aid in runoff calculations, point precipitation data provided by the National Oceanic and Atmospheric Administration(NOAA)was obtained.The data taken from NOAA Atlas 14,Volume 8,Version 2 is shown in the following table and can be referenced in Appendix C of this Report.The NOAA precipitation estimates for a 24-hour design storm for varying recurrence intervals is provided in Table 1. Table 1—NOAA Precipitation Estimates Recurrence Interval 1-Hour Depth 24-Hour Depth (years) (inches) (inches) 1 0.717 1.50 2 0.868 1.75 5 1.16 2.22 10 1.45 2.66 25 1.92 3.36 50 2.33 3.97 100 2.79 4.63 200 3.30 5.37 500 4.06 6.43 1000 4.68 7.31 Drainage Design Criteria Weld BESS,LLC 3-1 December 2024 Preliminary Drainage Report Revision 0 3.4 Calculation Methodologies Soil type data for each Existing Basin was obtained from the NRCS Web Soil Survey of the property as seen in Attachment C. HSGs are classified from A to D with Group A soils having high filtration rates and low runoff potential and Group D soils having low infiltration rates and high runoff potential.The natural ground cover is classified as pasture,grassland, or rangeland in fair condition. The rational method (USDCM Workbook UD-Rational_v2.00)was used to calculate the pre-and post- development runoff rates for the substation, BESS,and staging area.Stormwater detention pond volume requirements and outlet structure design were calculated using the Rational Method and the USDCM Workbook UD-Detention_v4.06. Drainage Design Criteria Weld BESS,LLC 3-2 December 2024 Preliminary Drainage Report Revision 0 4.0 Drainage Design 4.1 Drainage Basins A topographic survey of the site was prepared and used as a basis of analysis for the project.There are no existing on-site drainage facilities.One existing drainage basin was identified as sending flows from the north to the project area.In the proposed condition,drainage channels will be utilized to route all off-site flows around the project site to maintain historical drainage patterns. In order to compare the pre-and post- development runoff conditions effectively,the project area was broken into its own basin in the pre-and post-development scenarios with the existing flows from the north being considered an off-site basin. Basins designated with an"EX" prefix denote pre-development basins and basins designated with "PD"denote post-development basins. 4.1.1 Off-Site Basin "OFF-1" Off-Site Basin 1 is located north of the project area.The basin covers 15.67 acres of rangeland with runoff flowing south towards the project area. Flows from this basin will be routed around the project area via drainage channels before entering the defunct irrigation ditch. 4.1.2 Basin 1 Basin 1 encompasses the portion of the project site that will be impacted by construction,covering 10.92 acres. Pre-development basin EX-1 consists entirely of rangeland flowing south via overland flow to the defunct irrigation ditch. In the post-development condition, basin PD-1 will consist of a gravel staging and substation area,gravel access roads,and BESS equipment and structures.The impervious area of the basin will increase in the post- development condition,with all flows being routed southwest to a proposed detention basin. Drainage Design Weld BESS,LLC 4-1 December 2024 Preliminary Drainage Report Revision 0 5.0 Drainage Facility Design 5.1 General Concept The Weld BESS Project includes the construction of a BESS,substation,and staging area with associated access roads and equipment pads,see Figure 2 for post-development conditions. Existing flows from the north will be re-routed around the project area continuing historical drainage patterns flowing south to the defunct irrigation ditch.All on-site flows will be routed southwest to a proposed detention basin that will outfall into the defunct irrigation ditch which generally drains towards the east discharging into larger drainage ways. 5.2 Pre-Development Runoff Pre-development peak runoff for the project site basin and off-site basins,calculated using the rational method, including time of concentration is summarized in Table 2. Hydrologic calculations were completed using MHFD's published Rational Method Workbook and are included in Appendix F. Figure 1 shows the pre-development conditions. Table 2—Pre-Development Peak Runoff Time of 10-Year Peak 100-Year Peak Basin Area(Acres) Concentration Flow(cfs) Flow(cfs) (Min) Off-1 15.67 33.91 2.22 22.97 EX-1 10.92 27.88 1.74 17.98 5.3 Post-Development Peak Runoff Post-development peak runoff for the project site basin, calculated using the rational method, including time of concentration is summarized in Table 2. Hydrologic calculations were completed using MHFD's published Rational Method Workbook and are included in Appendix F. Figure 2 shows the post-development conditions. Table 3—Post-Development Peak Runoff Time of 10-Year Peak 100-Year Peak Basin Area(Acres) Concentration Flow(cfs) Flow(cfs) (Min) PD-1 10.92 23.33 8.82 26.79 5.4 Detention Facility Design The proposed detention basin is an extended detention basin designed to have the capacity to store the post- development 100-year runoff volume and the WQCV with an outlet structure designed to discharge no more than the pre-development 10-year runoff flow rate.The detention pond was designed using the MHFD UD- Detention Workbook;full analysis provided in Appendix F.Table 4 shows the detention pond design information. Drainage Facility Design Weld BESS,LLC 5-1 December 2024 Preliminary Drainage Report Revision 0 Table 4—Detention Pond Design Information Required Pre-Development Pond 100-Year Provided Max Depth(ft) Volume(ac-ft) 10-Year Flow(cfs) Outfall(cfs) Volume(ac-ft) 1.65 1.74 1.50 4.30 2.71 The detention pond design also includes an emergency spillway on the southern end of the pond as well as one foot of freeboard between the 100-year water surface elevation and the top of pond. Drainage Facility Design Weld BESS,LLC 5-2 December 2024 Preliminary Drainage Report Revision 0 6.0 Conclusion 6.1 Weld County Code Compliance Statement In review of the installation of the Solar Generation Facility,the development was found to be compliant with the County Code for Weld County, Chapter 8,Article XI of Weld County Code,and the USDCM requirements. Drainage design has been completed to maintain the historical flow patterns and runoff rates for the area to prevent damage to downstream properties from the increase in runoff rates,velocity,or concentration. 6.2 Drainage System Maintenance During construction, inspections for the performance of drainage controls will be conducted bi-weekly and after a major precipitation event. Nearby drainage facilities affected by site drainage will be observed daily by site personnel and cleaned within one day of any observance of sediment or debris. Conclusion Weld BESS,LLC 6-1 Appendix A - Report Checklist DEVELOPMENT REVIEW GENERAL REQUIREMENTS DRAINAGE REQUIREMENTS — To be submitted with every application. A preliminary drainage report and detention pond design shall be submitted with your application materials. To have a complete application, the preliminary drainage report shall include detailed information for all highlighted items on the attached Drainage Report Checklist. (It is possible that your project qualifies for an exception to stormwater detention per Weld County Code, Section 8-11-40.1. If determined as such, a drainage narrative as described in Section 8-11-40 shall be provided. All eight narrative items must be addressed for a complete application.) If using the Rational Method to calculate your site's historic and developed stormwater runoff, coefficients and spreadsheets located on the Weld County website shall be used. Links for downloads are provided below. Please note that Urban Drainage Full Spectrum Detention is NOT allowed. • Urban Drainage Rational Section https://www.weldgov.com/files/sharedassets/public/departments/public-works/documents/urban- drainage rational-section-2007.pdf • Ration Method Runoff Coefficients, C-values https://www.weldgov.com/files/sharedassets/public/departments/public-works/documents/pages- from-050-cha pter-05-ru noff-2008-04-rev.pdf • Peak Runoff Prediction Workbook— Rational Method https://www.weldgov.com/files/sharedassets/public/departments/public-works/documents/ud- rational-v1.02a.xls • Urban Drainage Storage (Modified FAA Method for Pond Sizing) https://www.weldgov.com/files/sharedassets/public/departments/public-works/documents/urban- drainage storage-2011.pdf • Detention Pond Basin Volume Estimating Spreadsheet for Modified FAA Method https://www.weldgov.com/files/sharedassets/public/departments/public-works/documents/ud- detention v2.35.xls • Certification of Compliance https://www.weldgov.com/files/sharedassets/public/departments/public- works/documents/certificate-of-compliance-08022019.pdf Drainage Report Checklist ,„,„ r _ � Project Name: L.01, f-; p The purpose of this checklist is to assist the applicant's Engineer with developing a drainage report that V J ✓ \ _v supports the intent of the Weld County Code using commonly accepted engineering practices and methodologies. Is the project in the MS4? ❑Yes ❑ No If yes,the following requirements in blue apply.See Chapter 8,Article IX of the Weld County Code. Report Content Construction Drawings ▪Weld County Case Number ❑ Stamped by PE ❑ Certificate of Compliance signed and stamped by a M Engineering scale & north arrow Colorado Licensed PE M Property lines, rights-of-way, and easements M Description/Scope of Work M 1' Contours &elevations (existing & proposed) M Location (County Roads, S-T-R) M Pre-and post-development drainage basins • Nearby water features and ownership M Arrows depicting flow direction ❑ Total acres vs. developed acres M Time of concentration critical path 1 Hydrological soil types/maps ❑ Drainage design points M FEMA Flood Zones ❑ Improvements labeled ❑ Urbanizing or non-urbanizing ❑ Permanent control measure and associated drainage M Methodologies used for report&analysis features labeled 'No Build/No Storage', include (full spectrum is not accepted) design volume https://www.weldgov.com/departments/public wo ❑ Cross sections for open channels, profiles for pipes rks/development review ❑ Elevations for inverts, flow lines, top of grates, ❑ Base Design Standard used for permanent control orifice(s), etc. measure design in the MS4 ❑ Pipe specs (size, material, length, slope) ❑ Discussion of offsite drainage routing ❑ Outlet and spillway details ❑ Conclusion statement indicating that the design will adequately protect public health, safety, and general Maintenance Plan welfare and have no adverse impacts on public ❑ Frequency of onsite inspections rights-of-way or offsite properties ❑ Repairs, if needed Hydrology and Hydraulic Analysis El Cleaning of sediment and debris M Design Storm/ Rainfall Information El Vegetation maintenance (NOAA Atlas or Local Data) ElManufacturer maintenance specifications, if ❑ Release Rate calculations applicable ❑ Post construction site imperviousness Other Required Documents (If Applicable) M Hydrologic calculations (historic&developed basins) ❑ Variance Request and documentation—explain ❑ Hydraulic calculations for proposed drainage hardship, applicable code section, and proposed improvements (swales, culverts, riprap, pond, outlet, mitigation. Variances will not be granted for the Base spillway, WQCV outlet, etc.) Design Standard requirement in the MS4. Detention/WQCV calculations Highlighted Items=Minimum Requirements for Preliminary Drainage Report *Note:Additional information maybe necessary on a case by case basis* Department of Planning and Zoning I Development Review 11555 N. 17th Avenue,Greeley,CO 80631 I Ph:970-400-6100 www.weldgov.comlGovernmentlDepartmentslPlanning-and-ZoninglDevelopment-Review Sec.8-11-40. Drainage policy—DRAINAGE NARRATIVE Exceptions to stormwater detention shall not jeopardize the public health,safety,and welfare of public and private property. No stormwater detention will be required for sites that meet any of the following conditions. Requirements of the Municipal Separate Storm Sewer System (MS4)areas remain applicable.Public Works will confirm if the development qualifies for an exception based upon the information provided by the applicant. Exceptions shall be supported with an approved DRAINAGE NARRATIVE,which must describe at a minimum: 1. Any existing and proposed improvements to the property. 2. The exception being requested for consideration. 3. Where the water originates if it flows onto the property from an off-site source. 4. Where the water flows as it leaves the property. 5. The direction of flow across the property. 6. Previous drainage problems with the property, if any. 7. The location of any irrigation facilities adjacent to or near the property. 8. Any additional information pertinent to the development. Exceptions to the stormwater detention shall be limited to the following uses: 1. Use by Right or Accessory Use in the A(Agricultural)Zone District. 2. Zoning Permits for accessory storage,commercial vehicles,home occupations,or manufactured homes in the A(Agricultural)Zone District. 3. A second dwelling permit in the A(Agricultural)Zone District. 4. Towers including, but not limited to,wind and telecommunication towers. 5. Pipelines or transmission lines,excluding laydown yards, metering sites,substations,and any other above ground appurtenances. 6. Gravel pits if the stormwater drains into the gravel pit. Releases from the site shall comply with the Weld County Storm Drainage Criteria,including dewatering.Topographical information shall be provided. 7. Residential developments where all the following conditions exist. This exception shall be supported by calculations signed and stamped by a Colorado Licensed Professional Engineer: a) Nine(9)lots or fewer. b) The average lot size is equal to,or greater than,three(3)acres per lot. c) Downstream roadway criteria are not exceeded. d) The total post-development imperviousness for the rural residential development does not exceed ten percent (10%), assuming that all internal roads and driveways are paved,or will eventually be paved. 8. Development of sites where the change of use does not increase the imperviousness of the site. 9. Non-Urbanizing areas where the total pre-existing and post development impervious area produces stormwater runoff of less than, or equal to,five(5)cfs for the 1-hour, 100-year,storm event.This exception shall be supported by calculations signed and stamped by a Colorado Licensed Professional Engineer. 10. Parcels with total area less than,or equal to,one(1.0)gross acre. 11. An individual parcel with an unobstructed flow path and no other parcel(s) between the Federal Emergency Management Administration (FEMA)regulatory floodplain channel and the project. 12. A parcel greater than one (1)gross acre and less than, or equal to,five(5)gross acres in size is allowed a onetime exception for a new two thousand (2,000)sq.ft. building or equivalent imperviousness. 13. A parcel greater than five(5)gross acres in size is allowed a onetime exception for a new four thousand five hundred(4,500)sq.ft. building or equivalent imperviousness. 14. Concentrated Animal Feeding Operation (CAFO), Animal Feeding Operations (AFO) and Housed Commercial Swine Feeding Operation(HCSFO)which are covered and approved by the Colorado Discharge Permit System(CDPS)regulations. Portions of the site not included or covered by the CDPS permit,shall comply with the Weld County Storm Drainage Criteria. Appendix B - Drainage Map Figures _. ti _ \` LEGEND M I \ \ — — PROJECT AREA s'S + PROPERTY LINE \ \ \ -:: EXISTING 2'CONTOUR \ \ ' \ \\ \ -5250 EXISTING 10'CONTOUR \ \ MAJOR BASIN AREA BOUNDARY \\ \ ••• ••• TIME OF CONCENTRATION FLOW PATH + \ LIMIT OF SITE TOPOGRAPHY LIMIT OF SITE TOPOGRAPHY I \ ®____--BASIN ID _2-YR RUNOFF BASIN DESIGNATION 910, COEFFICIENT .100-YR RUNOFF COEFFICIENT — — — — — — AREA(ACRES) • \ \. PARCEL:055535000002 \ OWNER:BERRADO HOLDINGS LLC - • \ PARCEL:055536000011 \ OWNER:TITAN OIL&GAS LLC STATE OF COLORADO I - - Watershed Peak Flows OFF-1 1562 0007 APEAK I 10-YEAR PEAK- nc 06 \ I I BASIN ID RUNOFF(C S) 1RU OFF(CFS) AREA(AC) OFF-1 2.22 22.97 15.67 EX-1 1.74 17.98 10.92 / \ . . Alk AC. 94 1 • • f 1 DEFUNCT I IRRIGATION DITCH / _. , J /\ D 200' 4DD ) "�, _._ ) NORTH SCALE IN FEET (W _- r � 0_101 ' -g—mw-ia=mmr_._.= ______ __ �ii COUNTY ROAD 86jill4 - — FIGURE 1 • - E A- PRE-DEVELOPMENT F PARCEL: 0502100002 1� , i. - PARCEL:070501000010 ,BURNS DRAINAGE BASIN MAP r'', OWNER:DAVID L DRAKE TRUST MSDONNELL RAMSEY TERRY W LIN:D D BLEHM TRUST �M_DONNELL WELD SOLAR PROJECT m.p �. • BERG-RAMSEY JENNIFER L 4, •,r+. WELD COUNTY, COLORADO IIBMCD.BURNSMCD.COM1DFSICLIENTS1ENSINEXTERA1145093_CHOICECITYSLRIDESIGNICADDIDWGSIFIGURES1145093F1-DRNG.DWG,HHARRIS3,1219/20241:30 PM ,_ \ ti _\ \` LEGEND \ — — PROJECT AREA S',,S \ \ PROPERTY LINE \ \'` EXISTING 2'CONTOUR \ \ 1 \ \\ \ -5250 EXISTING 10'CONTOUR \I \ \ MAJOR BASIN AREA BOUNDARY \ \ ••• ••• TIME OF CONCENTRATION FLOW PATH \+ \\ LIMIT OF SITE TOPOGRAPHY LIMIT OF SITE TOPOGRAPHY I \ ®___---BASIN ID _2-YR RUNOFF BASIN DESIGNATION 910, COEFFICIENT -100-YR RUNOFF COEFFICIENT AREA(ACRES) PARCEL:055535000002 \ _ OWNER:BERRADO HOLDINGS LLC PARCEL:055536000011 OWNER:TITAN OIL&GAS LLC 0 1 I STATE OF COLORADO I k Watershed Peak Flows • OFF-1 PROJECT AREA 10-YEAR PEAK 100-YEAR PEAK o_m \ BASIN ID AREA(AC) Ac Da RUNOFF(CFS) RUNOFF(CFS) DRAINAGE SWALE OFF-1 2.22 22.97 15.67 \ A — — — — — — I PD-1 8.82 26.79 10.92 BESS / STAGING AREA , DRAINAGE SWALE /% H!J -ilk. j __ 41 .III — II AC os o o DRAINAGE SWALE l • DEEM Dee DETENTIONS LJ � DEEEED DEE /// POND DIIiJJ oD D®e D DEE — J /1 / II SUBSTATION \ X It _ $— DEFUNCT x 11P1 IRRIGATION DITCH I -J PROJECT AREA 1 �� D 200 400 NORTH x SCALE IN FEET ilih grir — - _ II- _ — _.� �. COUNTY ROAD 86 MININIMMIMIMIMMIMIMMMIMIMMIMIIP. FIGURE 2 I POST-DEVELOPMENT PARCEL:070502100002 PARCEL:070501000010 BURNS DRAINAGE BASIN MAP OW C � OWNER:DAVID L DRAKE TRUST) OWNER:RAMSEY TERRY W LINDA D BLEHM TRUST �MDONNELL WELD SOLAR PROJECT C �..• BERG-RAMSEY JENNIFER L ' r a, •Abi; WELD COUNTY, COLORADO . \\BMCD.BURNSMCD.COM1DFS1 CLIENTS\ENS\NEXTERA1145093_CHOICECITYSLR\DESIGN\CADD\DWGS1FIGURES\145093F1-DRNG.DWG,HHARRIS3,12/9/202,11.31 PM Appendix C - NOAA Data °F NOAA Atlas 14,Volume 8,Version 2 orLocation name: Pierce,Colorado,USA* hi w Latitude:40.6244°,Longitude:-104.8376° f norm Elevation: 5149.02 ft** i. ,pry 0. it ESRI Mapsk'1*N,Mr.•sr **source:USGS POINT PRECIPITATION FREQUENCY ESTIMATES Sanja Perica,Deborah Martin,Sandra Pavlovic,Ishani Roy,Michael St.Laurent,Carl Trypaluk,Dale Unruh,Michael Yekta,Geoffery Bonnin NOAA,National Weather Service,Silver Spring,Maryland PF tabular I PF graphical I Maps & aerials PF tabular PDS-based point precipitation frequency estimates with 90% confidence intervals (in inches)1 Average recurrence interval(years) Duration 1 2 5 10 25 50 100 200 500 1000 5-min 0.241 0.291 0.386 0.480 0.629 0.761 0.907 1.07 1.31 1.51 (0.193-0.298) (0.232-0.360) (0.308-0.479) (0.380-0.597) (0.489-0.832) (0.571-1.01) (0.654-1.23) (0.735-1.48) (0.860-1.85) (0.953-2.12) 10-min 0.353 0.425 0.565 0.702 0.921 1.11 1.33 1.57 1.92 2.21 (0.283-0.437) (0.340-0.527) (0.450-0.702) (0.556-0.875) (0.716-1.22) (0.836-1.48) (0.957-1.80) (1.08-2.16) (1.26-2.70) (1.40-3.11) 15-min 0.431 0.519 0.690 0.857 1.12 1.36 1.62 1.91 2.34 2.69 (0.345-0.533) (0.415-0.642) (0.549-0.855) (0.678-1.07) (0.873-1.49) (1.02-1.80) (1.17-2.19) (1.31-2.64) (1.54-3.29) (1.70-3.79) 30-min 0.587 0.705 0.935 1.16 1.52 1.85 2.20 2.60 3.18 3.67 (0.470-0.726) (0.564-0.872) (0.745-1.16) (0.919-1.45) (1.18-2.02) (1.39-2.45) (1.59-2.98) (1.79-3.59) (2.09-4.49) (2.32-5.17) 60-min 0.717 0.868 1.16 1.45 1.92 2.33 2.79 3.30 4.06 4.68 (0.574-0.887) (0.694-1.07) (0.925-1.44) (1.15-1.81) (1.49-2.54) (1.75-3.10) (2.01-3.78) (2.27-4.56) (2.66-5.72) (2.96-6.59) 2-hr 0.848 1.03 1.39 1.74 2.31 2.82 3.38 4.01 4.93 5.69 (0.682-1.04) (0.828-1.27) (1.11-1.71) (1.39-2.15) (1.81-3.04) (2.13-3.71) (2.46-4.54) (2.78-5.49) (3.27-6.90) (3.64-7.96) 3-hr 0.915 1.11 1.51 1.89 2.52 3.07 3.69 4.38 5.39 6.23 (0.739-1.12) (0.899-1.36) (1.21-1.85) (1.51-2.33) (1.98-3.30) (2.33-4.03) (2.69-4.93) (3.05-5.98) (3.60-7.51) (4.01-8.67) 6-hr 1.04 1.28 1.74 2.17 2.85 3.45 4.10 4.82 5.87 6.73 (0.846-1.26) (1.04-1.55) (1.40-2.11) (1.74-2.65) (2.25-3.68) (2.63-4.47) (3.01-5.42) (3.39-6.51) (3.95-8.09) (4.38-9.29) 12-hr 1.24 1.50 1.97 2.41 3.10 3.70 4.35 5.06 6.10 6.94 (1.02-1.50) (1.22-1.80) (1.60-2.37) (1.95-2.92) (2.46-3.96) (2.84-4.74) (3.22-5.68) (3.59-6.77) (4.14-8.32) (4.56-9.50) 24-hr 1.50 1.75 2.22 2.66 3.36 3.97 4.63 5.37 6.43 7.31 (1.23-1.79) (1.43-2.09) (1.81-2.65) (2.16-3.19) (2.68-4.25) (3.07-5.04) (3.46-6.00) (3.84-7.11) (4.42-8.71) (4.85-9.92) 2-day 1.71 2.02 2.56 3.05 3.79 4.41 5.07 5.78 6.79 7.60 (1.42-2.03) (1.67-2.39) (2.11-3.04) (2.50-3.64) (3.03-4.71) (3.43-5.52) (3.80-6.48) (4.16-7.56) (4.70-9.08) (5.10-10.2) 3-day 1.87 2.19 2.74 3.25 4.00 4.63 5.29 6.01 7.02 7.84 (1.55-2.20) (1.81-2.58) (2.26-3.24) (2.66-3.85) (3.20-4.94) (3.61-5.76) (3.99-6.73) (4.35-7.81) (4.89-9.34) (5.29-10.5) 4-day 1.99 2.32 2.90 3.42 4.19 4.82 5.50 6.22 7.24 8.05 (1.66-2.34) (1.93-2.73) (2.40-3.41) (2.81-4.04) (3.36-5.14) (3.77-5.98) (4.16-6.96) (4.51-8.05) (5.06-9.59) (5.46-10.7) 7-day 2.26 2.66 3.35 3.94 4.79 5.46 6.15 6.87 7.86 8.63 (1.88-2.63) (2.22-3.11) (2.79-3.92) (3.26-4.63) (3.84-5.80) (4.28-6.68) (4.67-7.69) (5.01-8.80) (5.52-10.3) (5.91-11.4) 10-day 2.50 2.96 3.73 4.37 5.27 5.96 6.67 7.39 8.35 9.08 (2.09-2.90) (2.47-3.44) (3.11-4.34) (3.62-5.11) (4.22-6.32) (4.68-7.25) (5.07-8.27) (5.40-9.38) (5.89-10.9) (6.25-12.0) 20-day 3.24 3.77 4.63 5.34 6.31 7.05 7.78 8.51 9.47 10.2 (2.73-3.73) (3.17-4.34) (3.88-5.35) (4.45-6.19) (5.09-7.48) (5.57-8.47) (5.96-9.54) (6.28-10.7) (6.74-12.2) (7.09-13.3) 7.09-13.3) 30-day 3.83 4.41 5.34 6.10 7.12 7.90 8.66 9.42 10.4 11.1 (3.23-4.38) (3.72-5.05) (4.49-6.13) (5.10-7.03) (5.77-8.40) (6.27-9.43) (6.67-10.6) (6.99-11.8) (7.45-13.3) (7.80-14.5) 45-day 4.51 5.18 6.23 7.08 8.21 9.06 9.87 10.7 11.7 12.4 (3.82-5.14) (4.38-5.90) (5.26-7.12) (5.95-8.12) (6.67-9.61) (7.21-10.7) (7.63-12.0) (7.95-13.2) (8.42-14.9) (8.77-16.1) 60-day 5.05 5.81 7.00 7.96 9.21 10.1 11.0 11.8 12.9 13.6 (4.29-5.73) (4.93-6.60) (5.93-7.97) (6.70-9.09) (7.48-10.7) (8.08-11.9) (8.52-13.3) (8.85-14.6) (9.31-16.3) (9.66-17.6) 1 Precipitation frequency(PF)estimates in this table are based on frequency analysis of partial duration series(PDS). Numbers in parenthesis are PF estimates at lower and upper bounds of the 90%confidence interval.The probability that precipitation frequency estimates (for a given duration and average recurrence interval)will be greater than the upper bound(or less than the lower bound)is 5%.Estimates at upper bounds are not checked against probable maximum precipitation(PMP)estimates and may be higher than currently valid PMP values. Please refer to NOAA Atlas 14 document for more information. Back to Top PF graphical PDS-based depth-duration-frequency (DDF) curves Latitude:40.5244°, Longitude: -104.8376° 14 I i I Average recurrence -- interval (years} 10 - 1 2 a o S -. — 5 -a c — 10 c u 6 - — 25 • — 50 . — 100 it 4 — 200 500 2 ., — 100c 0' i i i i •ir E E rLJ A rw 4. 7y -0-0 v -0 -0 -0 v v un o u7 0 0 .a rN rw rh 4 r: 6 r €3 ui€s ,--1 rn Ln rNJ m v Duration 14 - i - i i i i i i 12 • c 10 • Duration C • — 5-min — 2-day cu 8 • — 10-min — 3-day ' 15-min — 4-day u 6 — 30-min — 7-day u — 60-min — 10-day a — 2-hr — 20-clay — 3-hr — 30-day — 12-hr — 50-day —I -= I - i I I I 24-hr 0 �i 1 2 5 10 25 50 100 200 500 1000 Average recurrence interval (years) NOAA Atlas 14,Volume 8,Version 2 Created(GMT):Tue Jun 28 19:10:13 2022 Back to Top Maps & aerials Small scale terrain 3km1 2miI Large scale terrain 074 •-= re' -I--7_ Cheyenne 2'• At• FOrtC0111115 • I •Greeley Long Peak 4345 iii . ,Longmont Boulder, Denver 100km 60mi Large scale map 7(3; Cheyenne Fort Coll. I ,Greeley 1_ongniont Boulder , rm. 100km VIF L-4121101 60mi Large scale aerial ft Cheyenne Fort Coltins Greeley Longmont .Boulder Denver 100km 60mi Back to Top US Department of Commerce National Oceanic and Atmospheric Administration National Weather Service National Water Center 1325 East West Highway Silver Spring,MD 20910 Questions?:HDSC.Questions@noaa.gov Disclaimer Appendix D - Soil Survey Hydrologic Soil Group—Weld County,Colorado,Southern Part 3 N O c 512100 512200 512300 512400 512500 512603 512700 512800 512900 513000 513100 513200 513300 513400 513500 513603 513700 513800 40°3710"N 40°3710"N 1 V PROJECT SITE 8 8 W Per i / W s— 411* VY41 5 40 I = - - County Road 86., goal IM75p Uoy 0)0t� 31G d5ll l 152 tthHo aml)D., 40°36'33"N - 40°36'33"N 512100 512200 512303 512400 512500 512600 512700 512800 512900 513000 513100 513200 513300 513400 513500 513600 513700 513800 3 � iD N Map Scale:1:7,970 if prirdesJ on A landscape(11"x 8.5")sheet. Meters S N 0 100 200 400 600 c A1 0 350 700 1400 21 Map projection:Web Mercator Comer coordinates:WG584 Edge tics:UTM Zone 1300N WGS84 USDA Natural Resources Web Soil Survey 12/5/2024 Conservation Service National Cooperative Soil Survey Page 1 of 4 Hydrologic Soil Group—Weld County,Colorado,Southern Part MAP LEGEND MAP INFORMATION Area of Interest(A01) a C The soil surveys that comprise your AOI were mapped at Area of Interest(AOI) O C/D 1:24,000. Soils D Warning:Soil Map may not be valid at this scale. Soil Rating Polygons n A a Not rated or not available Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil n AID Water Features line placement.The maps do not show the small areas of Streams and Canals contrasting soils that could have been shown at a more detailed B scale. Transportation n BID ._,_, Rails Please rely on the bar scale on each map sheet for map n C ti Interstate Highways measurements. C/D US Routes Source of Map: Natural Resources Conservation Service Web Soil Survey URL: D Major Roads Coordinate System: Web Mercator(EPSG:3857) n Not rated or not available Local Roads Maps from the Web Soil Survey are based on the Web Mercator Soil Rating Lines projection,which preserves direction and shape but distorts Background • • A distance and area.A projection that preserves area,such as the II Aerial Photography Albers equal-area conic projection,should be used if more • • A/D accurate calculations of distance or area are required. B This product is generated from the USDA-NRCS certified data as .,i B/D of the version date(s)listed below. • • C Soil Survey Area: Weld County,Colorado,Southern Part Survey Area Data: Version 23,Aug 29,2024 • • C/D Soil map units are labeled(as space allows)for map scales .`. D 1:50,000 or larger. . . Not rated or not available Date(s)aerial images were photographed: Jun 8,2021—Jun 12, Soil Rating Points 2021 A The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background a A/D imagery displayed on these maps.As a result,some minor • B shifting of map unit boundaries may be evident. • B/D USDA Natural Resources Web Soil Survey 12/5/2024 Conservation Service National Cooperative Soil Survey Page 2 of 4 Appendix E - FEMA Firm Map NOTES TO USERS LEGEND _ SPECIAL RANNUAL CH SUANCE BJECT 0 not necessarily IAROSE all re.suaaa toofloodinz Flood �m"ocal a am o E MS.'S ,s a1.0.-E =Is E ....Ito..THE =a.."n see Jos got°en.mnem. m.mawmmanq'm. should for ra �olrvs PANEL... l "m ..th I,m�o cmft.Amavaai Jos..,p.n..... po sources of small oraaeYare naps nma,tlnio,mrysYon�ry a"o ia0 - 40-37 3a' w.Haas nom Mewn1=ee ww.a.ra To obtain more debated Elevations(SEEM "ga"m^ry + - + e.re a ,wanxmwemoe- elerMoravaMwbeenn"edemineduser re eenema..to consult Me Fleur rcw PPrrofieaanFFoca"�Uata sneer Summary of SYMaler Elevations lades mMelletl '." E n MAYFS)Ran that avnmWnee MS FIRM U - - _ , . - zawsa MmNW M>awnsmsnnm should be aware that BEEs _ round.for flood rnsurance.ing watiOn � • - - 19 SO.MI to3.lxwy was et meat,Maws ...ions These BFEs are OogO FT elmuld not.used as Me sole flood elevation data present.in Me FFIISReeppo Of rt snoula be wllzm in cnnlundon"gly.1 ,(Id(°linty xone>o m iW .,Imusly.e.flow on slog.ewe.avenge �saenva.ran .>omamamaeem.. WARM drnnar.one r oodel.management. I nincorporated:r,.t> • zoxzra ...mom Has.mmemmary gamma nen the ms annual man. Coa.I Base Flood Elevations shown n on this se map tall.,() —ZONEq • �m�s aware tat coastal flo.elevations o Wean.Summary of Sn wars InsuranceEleVahone table In the Flood also Report ror MI5�ndw mre.El ore 3} 35 36 ->. 31 �� mre.w �and. a�mn�Of se:h a Mm,Mesed for ea PROJECT SITE ode m ryronml mxl m®swmn M n��na m Me Rood..were mmp lee d m lmemdaree • 1 zoos. aaemi. .m a rMaml max,,�FIm a n an Maleu wnalaeret pnawim ¢'-t requirements tsOf the Naholmul Fboa'neaten.Pregran,FdoewaYRwidths ® FLOOOwATARHS M ZONE AE Hand Other Mis aaoa rem Mway data ere prov n the Flood nauraim Study epos s _• me tamma erlmrtnamMM 'S6®^adIction I >K on.a wmmMapuam�aepratW�nW!anss�moe of catana nsperJal Flora Marra Area mar l»aaenea Mnope cpmml 1• ' °""' weaa m structores Study Report Sern 1 ann t= `' 1 OTHER FLOOD AaFgS n y E:<a::::.a The pMercatrojection o i earn. Amps rmmrF=a.m rh'e m .ee am - -- _ sea I 1 oTM AREAS Pea in F RM adjacent I s6 may differer in map features across tuned..Wanda/Jae a di Pm fferences do nd _ a nom... aned a ZONE4 -MCMIele.rOne On thIS Map are refer..to Me North American V..Datum of I • 1 St 1RasbSO FT I�\.�Y COASTAE&1RRIER RESOURCES SYSTEM(CMG)AREAS 1988 These flood devotions must be conlpered to structure and gnu.Me.l.s referencebetw.nMe g t,;,.1 O ERWISEP=o,EF�AR (oPAM � ional Survey et o1an weNMe o.G Survey tx. anm,aaw�a,,,,m.mmle,maras aM.sm..wm Ncs Information Sem. J. t .ma rnnm mew B..homday Y (301)71pgzaz Maryland zgatO azaz .... � . 4• - via ,ae s'awmmxwum.R mamasnd,m°eaena evagpn aamptwn.m a o<avan-mamm(nn,«e.nrn m.na # .` �~mod °r�nw4•'"`�lre Geode.surrey att(301)M.Ogu Or v weealeeat 816/8rww an maaeWV Ss • � 'Y setae, reel maevnae. sn emnma,emaaon�n Base I fr ....::_. aoaumawnn a oaommer groum mao FIRM on from pnorogmpnv eama"xop3dogrevM �.. 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Profiles and mewaY W r�SA • � Iy rn p°rated,lrens OFT °X InsumnCe Study w 1 ys that ddfer from what is shown on t ) renaldrea his map � s-._ a ",1 i .4..ew stream channel configurations As a result,Pm aeuus EA n.a Mr... a. .m„ene,.M Corpora. mme1 8 1- L .a J *} -6N o Hen m users should cont.eappooPrare 1l ' F` +�•nx m,e community t corporate Honors.publication Because changes due to annexes.or a _ 1= - EFFecrre w.etejammvlSION.T° a Rase ref an oven ,map of Me P county showing d w h...OMB >vast of ma map repo, oammun Faoa n Oates for each mmmnnln aawma n son which can...OMB 6 11 ' '\ �'•2e .. 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EFFECTIVE DATE QI °" JANUARY 20,2016 S Federal Emergency MSaagemnlAgnq Appendix F - Detention Calculations Calculation of Peak Runoff using Rational Method Designer:Clare Harris Version 2.00 released May 2017 Select UDFCD location for NOAA Atlas 14 Rainfall Depths from the pulldown list OR enter your own depths obtained from the NOAA website(click this linkl 0.395(1.1-Cs) tmiuimvm=5(urban) Company:Burns&McDonnell t�= 033 Computed t,=t;+tr tmlalmvm=10(non-urban) 2-yr 5-yr 10-yr 25-yr 50-yr 100-yr 500-yr Date:12/9/2024 Cells of this color are for required user-input S+. 1-hour rainfall depth,P1(in)=I 0.83 I 1.09 I 1.33 I 1.69 I 1.99 I 2.31 I 3.14 Project:Weld Solar Cells of this color are for optional override values Li Lt Lt a b c a*Pi Location:Weld County Cells of this color are for calculated results hosed on overrides tr= _ 60KSt 60Vt Regional t,=(26-17i)+ 60(14i+9) Sr Selected to=max(tmm;mvm,min(Computed tc, ens Regional On)) Rainfall Intensity Equation Coe fficients Coefficits=D8.50 I 10.00 I 0.786 I l(in/hr)=(b+tc)° Q(cfs)=CIA Runoff Coefficient,C Overland(Initial)Flow Time Channelized(Travel)Flow Time Time of Concentration Rainfall Intensity,I(in/hr) Peak Flow,Q(cfs) Subcatchment Area NRCS Percent Overland U/S Elevation D/S Elevation Overland Overland Channelized U/S Elevation D/S Elevation Channelized NRCS Channelized Channelized Name (ac) Hydrologic Imperviousness 2-yr 5-yr 10-yr 25-yr 50-yr 100-yr 500-yr Flow Length (ft) (ft) I Flow Slope Flow Time Flow Length Computed Regional Selected Soil Group 9 (ft) (ft) Flow Slope Conveyance Flow Velocity Flow Time I.(min) t,(min) I.(min) 2-yr 5-yr 10-yr 25-yr 50-yr 100-yr 500-yr 2-yr 5-yr 10-yr 25-yr 50-yr 100-yr 500-yr Li(ft) (Optional) (Optional) Si(ft/ft) t;(min) L,(ft) (Optional) (Optional) S,(ft/ft) Factor K V,(ft/sec) t,(min) OFF-1 15.67 B 2.0 0.01 0.01 0.07 0.26 0.34 0.44 0.54 500.00 0.020 34.94 650.00 0.020 7 0.99 10.94 45.88 33.91 33.91 1.20 1.59 1.94 2.46 2.90 3.37 4.58 0.16 0.30 2.22 10.10 15.42 22.97 38.98 EX-1 10.92 B 2.0 0.01 0.01 0.07 0.26 0.34 0.44 0.54 500.00 0.020 34.94 175.00 0.020 7 0.99 2.95 37.89 27.88 27.88 1.35 1.78 2.18 2.77 3.26 3.78 5.14 0.13 0.24 1.74 7.90 12.07 17.98 30.51 PD-1 10.92 B 34.5 0.24 0.27 0.34 0.47 0.52 0.59 0.66 300.00 0.020 20.67 375.00 0.020 7 0.99 6.31 26.98 23.33 23.33 1.49 1.97 2.41 3.06 3.60 4.18 5.69 3.93 5.80 8.82 15.56 20.48 26.79 41.12 DETENTION BASIN STAGE-STORAGE TABLE BUILDER MHFD-Detention,Version 4.06(July2022) Project: Basin Me ec_ - i — MAME Depth Increment= ft PERMANENT ORNAOC9 Optional Optional P6OL Example Zone Configuration(Retention Pond) Stage-Storage Stage Override Length Width Area Override Area Volume Volume Description (ft) Stage(ft) (ft) (ft) (ft') Area(ft') (acre) ,(ft') , (ac-ft) Watershed Information Top of Micropool — 0.00 -- -- -- 23,044 0.529 Selected BMP Type= EDB — 1.00 -- — -- 25,568 0.587 24,306 0.558 Watershed Area= 10.92 acres -- 2.00 -- -- -- 28,220 0.648 51,200 1.175 Watershed Length= 1,000 ft — 3.00 — — -- 31,000 0.712 80,810 1.855 Watershed Length to Centroid= 600 ft -- 4.00 -- — -- 33,909 0.778 113,264 2.600 Watershed Slope= 0.020 ft/ft — 5.00 -- — -- 36,945 0.848 148,691 3.413 Watershed Imperviousness= 34.50% percent — 6.00 -- — — 40,110 0.921 187,219 4.298 Percentage Hydrologic Soil Group A= 0.04/4 percent -- -- — -- Percentage Hydrologic Soil Group B= 100.0% percent -- — -- -- Percentage Hydrologic Soil Groups C/D= 0.0% percent -- — — -- Target WQCV Drain Time= 40.0 hours — -- — -- Location for 1-hr Rainfall Depths=User Input — — — — After providing required inputs above including 1-hour rainfall -- — -- depths,click'Run CUHP'to generate runoff hydrographs using — -- -- — the embedded Colorado Urban Hydrograph Procedure. Optional User Overrides — -- — — Water Quality Capture Volume(WQCV)= 0.150 acre-feet acre-feet — — — — Excess Urban Runoff Volume(EURV)= 0.391 acre-feet acre-feet — — — — 2-yr Runoff Volume(P1=0.86 in.)= 0.219 acre-feet 0.86 inches -- — — -- 5-yr Runoff Volume(P1=1.16 in.)= 0.349 acre-feet 1.16 inches -- -- — — 10-yr Runoff Volume(P1=1.45 in.)= 0.549 acre-feet 1.45 inches — — — — 25-yr Runoff Volume(P1=1.92 in.)= 1.017 acre-feet 1.92 inches — — -- — 50-yr Runoff Volume(P1=2.33 In.)= 1.382 acre-feet 2.33 inches -- — — -- 100-yr Runoff Volume(P1=2.79 In.)= 1.852 acre-feet 2.79 inches — — — -- 500-yr Runoff Volume(P1=4.06 In.)= 3,042 acre-feet 4.06 inches -- — — -- Approximate 2-yr Detention Volume= 0.205 acre-feet -- — — -- Approximate 5-yr Detention Volume= 0.310 acre-feet -- — — — Approximate 10-yr Detention Volume= 0.471 acre-feet — — — -- Approximate 25-yr Detention Volume= 0.621 acre-feet — — — — Approximate 50-yr Detention Volume= 0.704 acre-feet -- — -- — Approximate 100-yr Detention Volume= 0.877 acre-feet — — -- Define Zones and Basin Geometry — -- — — Zone 1 Volume(WQCV)= 0.150 acre-feet -- -- -- -- Zone 2 Volume(100-year-Zone 1)= 0.727 acre-feet -- -- — -- Select Zone 3 Storage Volume(Optional)= acre-feet — -- — -- Total Detention Basin Volume= 0.877 acre-feet — — — — Initial Surcharge Volume(ISV)= user ft' -- — — -- Initial Surcharge Depth(ISD)= user ft -- — — -- Total Available Detention Depth(Hmr,i)= user ft — -- — — Depth of Trickle Channel(HTJ= user ft — — — — Slope of Trickle Channel(Sir)= user ft/ft -- -- -- -- Slopes of Main Basin Sides(Seer)= user H:V -- -- — -- Basin Length-to-Width Ratio(Rme)= user — -- -- -- Initial Surcharge Area(Aisu)= user ft' -- — — -- Surcharge Volume Length(Len)= user ft -- — — — Surcharge Volume Width(Wb-u)= user ft — -- — — Depth of Basin Floor(Hrcooe)= user ft -- -- — — Length of Basin Floor(L,o00= user ft -- -- -- -- Width of Basin Floor(W,008)= user ft -- -- — -- Area of Basin Floor(Arcoan)= user ft, — -- — — Volume of Basin Floor(VRonn)= user ft -- -- — __ Depth of Main Basin(Hpea)= user ft -- -- — -- Length of Main Basin(Lena)= user ft -- — — — Width of Main Basin(Wpea)= user ft — -- — — Area of Main Basin(Apes)= user ft' — -- — — Volume of Main Basin(Nees)= user fts __ __ __ __ Calculated Total Basin Volume(Vmmi)= user acre-feet -- -- — -- Pond-BESS Prelim DR.dsm,Basin 12/9/2024,1:31 PM DETENTION BASIN OUTLET STRUCTURE DESIGN MHFD-Detention, Version 4.06(July 2022) Project: Basin ID: - - °N "'l'i�EI Estimated Estimated } Z �� Stage(ft) Volume(ac-ft) Outlet Type vcuoe EuRv yyacn I Zone 1(WQCV) 0.28 0.150 Orifice Plate \'.--oaIFIE l Zone 2(100-year) 1.53 0.727 Weir&Pipe(Circular) ZONE I au, PanrlIWJn- ORIFICES Zone 3 POOL Example Zone Configuration(Retention Pond) Total(all zones) 0.877 User Input:Orifice at Underdrain Outlet(typically used to drain WQCV in a Filtration BMP) Calculated Parameters for Underdrain Underdrain Orifice Invert Depth= N/A ft(distance below the filtration media surface) Underdrain Orifice Area= N/A ft2 Underdrain Orifice Diameter= N/A inches Underdrain Orifice Centroid= N/A feet User Input: Orifice Plate with one or more orifices or Elliptical Slot Weir(typically used to drain WQCV and/or EURV in a sedimentation BMP) Calculated Parameters for Plate Centroid of Lowest Orifice= 0.00 ft(relative to basin bottom at Stage=0 ft) WQ Orifice Area per Row= 3.306E-02 ftz Depth at top of Zone using Orifice Plate= 0.28 ft(relative to basin bottom at Stage=0 ft) Elliptical Half-Width= N/A feet Orifice Plate:Orifice Vertical Spacing= 4.00 inches Elliptical Slot Centroid= N/A feet Orifice Plate:Orifice Area per Row= 4.76 sq.inches(use rectangular openings) Elliptical Slot Area= N/A ft2 User Input: Stage and Total Area of Each Orifice Row(numbered from lowest to highest) Row 1(required) Row 2(optional) Row 3(optional) Row 4(optional) Row 5(optional) Row 6(optional) Row 7(optional) Row 8(optional) Stage of Orifice Centroid(ft) 0.00 0.30 Orifice Area(sq.inches) 4.76 4.76 Row 9(optional) Row 10(optional) Row 11(optional) Row 12(optional) Row 13(optional) Row 14(optional) Row 15(optional) Row 16(optional) Stage of Orifice Centroid(ft) Orifice Area(sq.inches) User Input: Vertical Orifice(Circular or Rectangular) Calculated Parameters for Vertical Orifice Not Selected Not Selected Not Selected Not Selected Invert of Vertical Orifice= ft(relative to basin bottom at Stage=0 ft) Vertical Orifice Area= ft2 Depth at top of Zone using Vertical Orifice= ft(relative to basin bottom at Stage=0 ft) Vertical Orifice Centroid= feet Vertical Orifice Diameter= inches User Input: Overflow Weir(Dropbox with Flat or Sloped Grate and Outlet Pipe OR Rectangular/Trapezoidal Weir and No Outlet Pipe) Calculated Parameters for Overflow Weir Zone 2 Weir Not Selected Zone 2 Weir Not Selected Overflow Weir Front Edge Height,Ho= 1.00 ft(relative to basin bottom at Stage=0 ft) Height of Grate Upper Edge,Ht= 1.00 feet Overflow Weir Front Edge Length= 4.00 feet Overflow Weir Slope Length= 4.00 feet Overflow Weir Grate Slope= 0.00 H:V Grate Open Area/100-yr Orifice Area= 56.72 Horiz.Length of Weir Sides= 4.00 feet Overflow Grate Open Area w/o Debris= 11.14 ft2 Overflow Grate Type= Type C Grate Overflow Grate Open Area w/Debris= 5.57 ft2 Debris Clogging%= 50% User Input:Outlet Pipe w/Flow Restriction Plate(Circular Orifice,Restrictor Plate,or Rectangular Orifice) Calculated Parameters for Outlet Pipe w/Flow Restriction Plate Zone 2 Circular Not Selected Zone 2 Circular Not Selected Depth to Invert of Outlet Pipe= 0.00 ft(distance below basin bottom at Stage=0 ft) Outlet Orifice Area= 0.20 ft2 Circular Orifice Diameter= 6.00 inches Outlet Orifice Centroid= 0.25 feet Half-Central Angle of Restrictor Plate on Pipe= N/A N/A radians User Input:Emergency Spillway(Rectangular or Trapezoidal) Calculated Parameters for Spillway Spillway Invert Stage= 3.00 ft(relative to basin bottom at Stage=0 ft) Spillway Design Flow Depth= 0.51 feet Spillway Crest Length= 25.00 feet Stage at Top of Freeboard= 4.51 feet Spillway End Slopes= 4.00 H:V Basin Area at Top of Freeboard= 0.81 acres Freeboard above Max Water Surface= 1.00 feet Basin Volume at Top of Freeboard= 3.01 acre-ft Routed Hydrograph Results The user can override the default CUHP hydrographs and runoff volumes by entering new values in the Inflow Hydrographs table(Columns W through AF). Design Storm Return Period=i WQCV EURV 2 Year 5 Year r 25 Year 50 Year 100 Year 500 Year One-Hour Rainfall Depth(in)= N/A N/A 0.86 1.16 1.45 1.92 2.33 2.79 4.06 CUHP Runoff Volume(acre-ft)= 0.150 0.391 0.219 0.349 0.549 1.017 1.382 1.852 3.042 Inflow Hydrograph Volume(acre-ft)= N/A N/A 0.219 0.349 0.549 1.017 1.382 1.852 3.042 CUHP Predevelopment Peak Q(ds)= N/A N/A 0.1 0.5 2.4 7.6 11.0 15.5 26.6 OPTIONAL Override Predevelopment Peak Q(cfs)= N/A N/A Predevelopment Unit Peak Flow,q(cfs/acre)= N/A N/A 0.01 0.05 0.22 0.69 1.01 1.42 2.43 Peak Inflow Q(cfs)= N/A N/A 2.5 4.1 6.7 13.4 18.0 23.5 38.0 Peak Outflow Q(cfs)= 0.1 0.2 0.1 0.2 0.3 1.1 1.3 1.5 16.5 Ratio Peak Outflow to Predevelopment Q= N/A N/A N/A 0.4 0.1 0.1 0.1 0.1 0.6 Structure Controlling Flow= Plate Plate Plate Plate Plate Outlet Plate 1 Outlet Plate 1 Outlet Plate 1 Spillway Max Velocity through Grate 1(fps)= N/A N/A N/A N/A N/A 0.1 0.1 0.1 0.1 Max Velocity through Grate 2(fps)= N/A N/A N/A N/A N/A N/A N/A N/A N/A Time to Drain 97%of Inflow Volume(hours)= 36 49 42 48 55 56 56 57 51 Time to Drain 99%of Inflow Volume(hours)= 40 I 54 47 53 61 64 66 68 65 Maximum Ponding Depth(ft)= 0.28 0.72 0.37 0.58 0.91 1.55 2.06 2.71 3.33 Area at Maximum Ponding Depth(acres)= 0.55 0.57 0.55 0.56 0.58 0.62 0.65 0.69 0.73 Maximum Volume Stored(acre-ft)= 0.150 0.396 0.194 0.311 0.500 0.884 1.214 1.651 2.094 Pond-BESS Prelim DR.xlsm,Outlet Structure 12/9/2024,1:32 PM BURNS ‘ MSDONNELL APPENDIX H - NOISE STUDY BURNS�MSDONNELL WELD BESS , LLC SOUND STUDY WELD BESS PROJECT NO. 145093 REVISION 0 DECEMBER 2024 CONTENTS EXECUTIVE SUMMARY I 1.0 Acoustic Terminology 1-1 2.0 Applicable Regulations and Guidelines 2-1 2.1 State of Colorado 2-1 2.2 Weld County 2-1 2.3 Regulation Summary 2-2 3.0 Predictive Modeling 3-1 3.1 Methodology 3-1 3.2 Project Sound Sources 3-1 3.3 Model Results 3-2 4.0 Conclusion 4-1 APPENDIX A— FIGURES TABLES Table 1-1: Typical Sound Pressure Levels Associated with Common Sound Sources 1-2 Table 2-1: State of Colorado Maximum Permissible Noise Levels 2-1 Table 2-2: Weld County, CO Sound Level Limits 2-2 Table 3-1: Sound Modeling Parameters 3-1 Table 3-2: Modeled Source Sound Level Assumptions 3-2 Sound Study List of Abbreviations List of Abbreviations Abbreviation Term/Phrase/Name BESS battery energy storage system CadnaA Computer Aided Noise Abatement dB decibels dBA A-Weighted decibels EPA Environmental Protection Agency HVAC heating ventilation and air conditioning Hz Hertz IEEE Institute of Electrical and Electronics Engineers ISO International Organization of Standardization Leg equivalent-continuous sound level MW megawatt NEMA National Electrical Manufacturers Association Project Weld BESS PWL sound power level SPL sound pressure level the Act Noise Control Act of 1972 BURNS`1cDONNELL° Weld BESS, LLC Sound Study Executive Summary Executive Summary Burns & McDonnell conducted a sound study for Weld BESS, LLC's proposed Weld BESS Project ("Project"). The Project is a planned 100-megawatt("MW")battery energy storage system ("BESS")with an associated substation in Weld County, Colorado. Project sound sources include the inverters, BESS containers equipped with heating, ventilation, and air conditioning ("HVAC") equipment, and transformers. The State of Colorado and Weld County provide sound level limits applicable to the Project. The State sound level limits would only apply if no municipal or county sound level limits were applicable to the Project, or the local sound level limits were less stringent than the State's criteria. Weld County has an established noise ordinance that is as stringent as the State's. Therefore, the Weld County Colorado Charter and County Code Section 14-9-40 limits are applicable to the Project. Based on the County Code, the Project is limited to 50 A-weighted decibels (dBA)during nighttime hours at all adjacent residential, commercial, or non-specified property boundaries. The design goal for the Project is 50 dBA at all adjacent property lines. The Project's operational sound levels are predicted to be in compliance with the sound level limits. BURNS`McDONNELL Weld BESS, LLC Sound Study Acoustic Terminology 1 .0 Acoustic Terminology The term"sound level"is often used to describe two different sound characteristics:sound power and sound pressure. Every source that produces sound has a sound power level ("PWL"). The PWL is the acoustical energy emitted by a sound source and is an absolute number that is not affected by the surrounding environment. The acoustical energy produced by a source propagates through media as pressure fluctuations. These pressure fluctuations, also called sound pressure levels ("SPL"), are what human ears hear and microphones measure. Sound is physically characterized by amplitude and frequency. The amplitude of sound is measured in decibels ("dB") as the logarithmic ratio of a sound pressure to a reference sound pressure (20 micropascals). The reference sound pressure corresponds to the typical threshold of human hearing. To the average listener, a 3-dB change in a continuous broadband sound is generally considered "just barely perceptible"; a 5-dB change is generally considered "clearly noticeable"; and a 10-dB change is generally considered a doubling (or halving, if the sound is decreasing) of the apparent loudness. Sound waves can occur at many different wavelengths, also known as the frequency. Frequency is measured in hertz ("Hz") and is the number of wave cycles per second that occur. The typical human ear can hear frequencies ranging from approximately 20 to 20,000 Hz. Normally, the human ear is most sensitive to sounds in the middle frequencies (1,000 to 8,000 Hz) and is less sensitive to sounds in the lower and higher frequencies. As such, the A-weighting scale was developed to simulate the frequency response of the human ear to sounds at typical environmental levels. The A-weighting scale emphasizes sounds in the middle frequencies and de-emphasizes sounds in the low and high frequencies. Any sound level to which the A-weighting scale has been applied is expressed in A-weighted decibels, or dBA. For reference, the A-weighted sound pressure level and subjective loudness associated with some common sound sources are listed in Table 1-1. The C-weighting scale, expressed as C-weighted decibels or dBC, does not discriminate against low frequencies and measures more uniformly over the frequency range of 30 to 10,000 Hz. Sound in the environment is constantly fluctuating, as when a car drives by, a dog barks, or a plane passes overhead. Therefore, sound metrics have been developed to quantify fluctuating environmental sound levels. The equivalent-continuous sound level ("Leq") is the arithmetic average of the varying sound over a given time period and is the most common metric used to describe sound. BURNS`MSDONNELL° 1-1 Weld BESS, LLC Sound Study Acoustic Terminology Table 1-1: Typical Sound Pressure Levels Associated with Common Sound Sources Sound Pressure Subjective Level (dBA) Evaluation Environment 140 Deafening Jet aircraft at 75 feet 130 Threshold of pain Jet aircraft during takeoff at a distance of 300 feet 120 Threshold of feeling Elevated train 110 Jet flyover at 1,000 feet Very loud 100 Motorcycle at 25 feet 90 Propeller plane flyover at 1,000 feet 80 Moderately loud Diesel truck (40 mph) at 50 feet 70 Loud B-757 cabin during flight 60 Moderate Air-conditioner condenser at 15 feet 50 Private Office 40 Quiet Farm field with light breeze, birdcalls 30 Quiet residential neighborhood Very quiet 20 Rustling leaves 10 Just audible -- 0 Threshold of hearing -- Sources: (1)Adapted from Architectural Acoustics,M. David Egan, 1988 (2)Architectural Graphic Standards,Ramsey and Sleeper, 1994 BURNS`MSDONNELL° 1-2 Weld BESS, LLC Sound Study Applicable Regulations and Guidelines 2.0 Applicable Regulations and Guidelines Federal, state, and county regulations were reviewed to determine the applicable overall sound level limits for the Project. The Noise Control Act of 1972 (the Act) mandated a national policy: "...to promote an environment for all Americans free from noise that jeopardizes their health or welfare, to establish a means for effective coordination of Federal research activities in noise control, to authorize the establishment of Federal noise emission standards for products distributed in commerce, and to provide information to the public respecting the noise emission and noise reduction characteristics of such products." As required by the Act, the Environmental Protection Agency ("EPA") established criteria for protecting the public health and wellbeing. However, these criteria do not constitute enforceable Federal regulations or standards. The EPA has since delegated regulatory authority to local entities. Therefore, no Federal noise regulations apply to this Project. 2.1 State of Colorado The State of Colorado has established sound level limits for stationary sound sources in the State to protect, "serenity and quality of life in the state of Colorado."The noise limits are provided in the Colorado Revised Statues, Title 25—Public Health and Environment, Article 12— Noise Abatement, Section 103— Maximum Permissible Noise Levels. This section provides sound level limits for sources emitting noise to residential, commercial and industrial zoned properties. The maximum permissible noise levels provided in the section are presented below in Table 2-1. Table 2-1: State of Colorado Maximum Permissible Noise Levels Zone Sound Pressure Level (dBA) (Daytime I Nighttime) Residential 55/50 Commercial 60/ 55 Light Industrial 70/65 Industrial 80/75 Source:Colo. Rev.Stat.§25-12-103 Section 108 — Preemption of the statute provides, "Except as provided in sections 25-12-103(12) and 25- 12-110, this article shall not be construed to preempt or limit the authority of any municipality or county to adopt standards that are no less restrictive than the provisions of this article." 2.2 Weld County The Weld County Colorado Charter and County Code, Section 14, Article IX—Noise, provides noise limits for general sources located within unincorporated territories of Weld County. Section 14-9-40 provides maximum permissible noise levels applicable to the Project. Sound level limits are provided for various land uses both during daytime (7:00 am — 9:00 pm) and nighttime (9:00 pm — 7:00 am) periods. A summary of the Weld County Code sound level limits is provided in Table 2-2. BURNS`MSDONNELL° 2-1 Weld BESS, LLC Sound Study Applicable Regulations and Guidelines Table 2-2: Weld County, CO Sound Level Limits Land Use Sound Pressure Level (dBA) (Daytime 1 Nighttime)a Residential Property or Commercial Area 55/50 Industrial Area or Construction Activities 80/75 Non-specified Areas 55/50 Source:Weld County Colorado Charter and County Code§14-9-40 (a)"Between the hours of 9:00 pm and 7:00 am,the noise levels set forth above may be exceeded by up to ten(10)decibels for up to fifteen(15)minutes in a one-hour period."(Weld County Code Section 14-9-40-C) 2.3 Regulation Summary The State sound level limits would only apply if no municipal or county sound level limits were applicable to the Project, or the local sound level limits were less stringent than the State's criteria. Weld County has an established noise ordinance that is as stringent as the State's. Therefore, the Weld County Section 14- 9-40 limits are applicable to the Project. Based on the County Code, the Project should be limited to 50 dBA during nighttime hours at all adjacent residential, commercial, or non-specified property boundaries (i.e., all locations that are not industrial land use). BURNS`MSDONNELL. 2-2 Weld BESS, LLC Sound Study Predictive Modeling 3.0 Predictive Modeling 3.1 Methodology Sound modeling was performed using the industry-accepted sound modeling software Computer Aided Noise Abatement ("CadnaA"), version 2024. The software is a scaled, three-dimensional program, which takes into account air absorption, terrain, ground absorption, and reflections and shielding for each piece of noise-emitting equipment and predicts sound pressure levels. The model calculates sound propagation based on International Organization of Standardization ("ISO") 9613-2:2024, General Method of Calculation. ISO 9613-2 assesses the sound level propagation based on the octave band center-frequency range from 31.5 to 8,000 Hz. The ISO standard considers sound propagation and directivity. The software calculates sound propagation using omnidirectional, downwind sound propagation and worst-case directivity factors. In other words, the model assumes that each piece of equipment propagates its maximum sound level in all directions at all times. Empirical studies accepted within the industry have demonstrated that modeling may over-predict sound levels in certain directions, and as a result, modeling results generally are considered a conservative measure of the Project's actual sound level. The modeled atmospheric conditions were assumed to be calm, and the temperature and relative humidity were left at the program's default values. Reflections and shielding were considered for sound waves encountering physical structures. Terrain elevations were included in the model to account for surface effects. Ground absorption values can range from 0.0 (fully reflective surface) to 1.0 (fully absorptive surface). Ground absorption was set to 0.25 onsite for gravel and as 1.0 offsite for vegetative covered agricultural land. All sound modeling parameters used are provided in Table 3-1. Table 3-1: Sound Modeling Parameters Model Input Parameter Value Onsite Ground Absorption 0.25 Offsite Ground Absorption 1.0 Number of Reflections 2 Receptor Height 5 feet above grade Temperature 50°F Humidity 70% 3.2 Project Sound Sources Project equipment was input into the model at the locations provided in the Project layout as shown in Figure A-1 of Appendix A. The Project's major noise-emitting equipment includes the substation transformer, the inverters, and the BESS containers. The substation transformer sound level was provided by the Developer to be 75 dBA sound pressure level per the National Electrical Manufacturers Association ("NEMA"). This sound pressure level, according to Institute of Electrical and Electronics Engineers("IEEE") Standard C57.12.90, is an average of measurements along the equipment envelope,6 feet from fan-cooled surfaces and 1 foot from the tank. The inverter skid sound levels were estimated based on past projects of similar size and scope. The BESS battery containers each have a chiller located on one end of the container. The chiller fan noise can be BURNS`MSDONNELL. 3-1 Weld BESS, LLC Sound Study Predictive Modeling limited through low-noise fan operation and silencing to 78 dBA at 3 feet from the container. For the BESS, every four (4) battery containers requires one inverter. The modeled sound levels for the noise-emitting equipment included in the Project are listed below in Table 3-2. Table 3-2: Modeled Source Sound Level Assumptions Equipment Number of Sources Modeled Modeled Modeled Sound Pressure Level Sound Power Level a Battery Container 176 78 dBA at 3 feet 86 dBA Inverter(PCS) 44 85 dBA at 3 feet 100 dBA Substation Transformer 1 75 dBA per NEMA b 96 dBA (a)Sound power level estimated based on the provided sound pressure level and dimensions of the unit. (b)Average sound pressure level measured around the unit in accordance with the IEEE C57.12.90 standard 3.3 Model Results Sound pressure levels were predicted at the Project property line in the noise modeling software using the provided sound level inputs and the assumptions listed above. The modeling results have been demonstrated in previous studies to conservatively approximate real-life measured sound from a source when extraneous sounds are not present. To meet the property line limits, low-noise equipment may be required on the BESS containers and inverters.The sound levels modeled for this equipment are common and achievable. However,the selected technology for the equipment may require mitigation to meet those specified in the table above. The use of equipment specifications will be coordinated with final equipment design to comply with the Weld County property line limit of 50 dBA. Figure A-2 of Appendix A shows the sound level contours, including the 50- dBA limiting sound level contour for the Project. It can be seen in Figure A-2 that the Project would not exceed the Weld County sound level limits along the adjacent property lines. BURNS`1cDONNELL° 3-2 Weld BESS, LLC Sound Study Conclusion 4.0 Conclusion Burns & McDonnell conducted a sound study of the Weld BESS Project proposed to be located in Weld County, Colorado. The proposed Project sound levels were modeled using industry-accepted sound modeling software to predict future sound levels at the property lines and in the surrounding community. Project transformers, inverters, and battery containers are expected to be the significant sound-emitting sources associated with the Project and were modeled based on Developer-provided general arrangement drawings. A number of conservative assumptions were applied to the model to predict worst-case sound pressure levels at distance. The model results were then compared to the identified applicable regulations. Using the equipment sound levels specified in this report, the Project is predicted to meet the 50-dBA property-line limit at all adjacent property lines. BURNS`1cDONNELL° 4-1 Weld BESS, LLC APPENDIX A - FIGURES 1 2 1 4 4 B r 4 9 10 11 12 13 14 15 • l!PRELIMINARYRELIMINARY GEN-TIE ROUTE : ®i . MATE SUBSTATION LOCATION, A r R62(TYP) I \I rI i Fir BESS LAYDOWN TEMPORARY O (2 ACRES) R28'(TYP) PCS(TYP) ICONSTRUCTION I1TRAILER(TYP) jII 817E NEW• i �_00% XI 1/ 0B o000 ji D0000D0000DII1 D0000D /ri D0000DI 0 1, .r 1 D0000DDB ?LIARY 26' —.26,f / J�D .i }/- I= r I I' D L ACCESS ROAD _ '1 I — FUTURE AUGMENTATION 1 ��i UNIT(TYP) ' I I UoOOOD DOO 1 ; t BESS PROJECT SUBSTATION I I U o 0 0 o U U O O 1 I i o 0 0 0 0 o I I I Uo0OMU Uoo j 0 0 0 0 0 o PROPOSED SETBACK-��r I 00000U Uoo I D000=D Doo j 0==0 0 0 _._._._. D0000i Doo I i I 0000� �oo� el\ GEN-TIE POLE(TYP) `,.". BESS PLAN VIEW NOTES: G 1.FINAL LAYOUT SUBJECT TO CHANGE BASED ON 6.WETLANDS,FLOODPLAINS,AND OTHER ENERGY STORAGE SYSTEM DESCRIPTION LEGEND: FINAL ENVIRONMENTAL,CIVIL,GEOTECHNICAL, ENVIRONMENTAL CONSTRAINTS NOT AND AUTHORITY HAVING JURISDICTION CONSIDERED IN LAYOUT DEVELOPMENT. NAMEPLATE I 100 MW/400 MWh —r—x— PROPERTY LINE REQUIREMENTS. 7.PCS SKID AND BATTERY ENCLOSURE SIZING 2.EQUIPMENT QUANTITIES,CONFIGURATION,AND AND QUANTITIES PROVIDED BY OWNER. —•— FENCE FOOTPRINT SUBJECT TO CHANGE BASED ON FINAL THESE QUANTITIES HAVE NOT BEEN VERIFIED SETBACK BESS TECHNOLOGY SELECTION AND ADDITIONAL BY THE BESS EOR. �/� GATE PROJECT DUE DILIGENCE. 3.CONSTRUCTION LAYDOWN,PARKING,TRAILERS, • MATERIAL LIST OPERATION AND MAINTENANCE BUILDINGS,AND OTHER FACILITIES CONSIDERED BUT SUBJECT TO k NUMBER OF BESS CONTAINERS(BOL) 128 ABBREVIATION UST: CHANGE BASED ON ADDITIONAL PROJECT DUE NUMBER OF BESS CONTAINERS(EOL) 178 Doi IGENCEADING AND STORMWATER NOT BESS-BATTERY ENERGY STORAGE SYSTEM CONSIDERED IN LAYOUT NUMBER OF PCS(BOL) 32 BOL-BEGINNING OF LIFE C1NSIDEREATER SUPPLY,INYOUT AS DEVELOPMENT.FIREWATER PRELIMINARY-NOT NUMBER OF PCS(EOL) 44 TYP-TYPICCAL OF LIFE 5.LOOP,AND/OR HYDRANTS NOT INCLUDED OR CONSIDERED IN LAYOUT DEVELOPMENT. FOR CONSTRUCTION ♦BURNS `MSDONNELL Rgure A-1 9400 WARD PARKWAY Proles Ioomrad KANSAS CITY,MO 84114 145093 816-333-9400 damng A 1d0824 ADO .LT ISSUED FOR RENEW BorneAMcOonnelEngineenngCo.Inc. LAYOUT - re.A designed Waled sheet of sheets no.I date I by dalI desciption no.I date by I cad description A DAVIS I A DAMS WELD COUNTY,COLORADO file 145O93_BESS-LarouLdwp 4 Path:Z:\Clients\ENS\Nextera\145093ChoiceCitySlr\Studies\Modeling\Noise\GIS\Weld County Solar GIS Project\Weld County Solar GIS Project with BESS.aprx gweger 12/5/2024 _ Service La er Credits:World Ima.e Maxar F 4: Sound Level . i i ti_'�'�' •1%. Contours (dBA) 45 dBA 1 • . 50dBA ,di. 1 I 55 dBA 1 1 60dBA 1 1 65 dBA 1 40 dBA 1 'moo dBA M dBAr, ,. . 4-7:: _ 1 - 1 t 1 1 1 1 \\\'''''''N's-----..„___________/ 1: 1111 A. t 1 1 'tt 1 . Or i K, t �. Substation Transformer m Property Line NU Figure A-2 BESS Container BURNS Inverter 400 200 0 400 `McDONNELL" Weld BESS Sound Level Contours Scale in Feet Source:ESRI,Burns&McDonnell Issued:12/5/2024 BURNS �MSDONNELL. APPENDIX J - BESS FACT SHEET Fact Sheet Battery Energy Storage Systems and fire safety Fires involvin. battery storage systems are rare. Our energy storage projects are engineered to meet the ilighest standards of safety and tire protection. • Energy storage systems typically Insist of racks of batteries, not unlike the kind used in common electronic devices like laptops and smart phones » Batteries contain organic material that may be flammable, but only in rare and extreme conditions Each battery is continuously monitored by an on-site system to automatically detect abnormal conditions and stop operations, if needed • An off-site, 24-hour control room with trained technicians also constantly monitors each site and can 'motely shut down , if needed • All of the battery module designs included in our facilities andergo rigorous industry testing and ed to fire safet,;, in order to minimize the risk that a failure of any single battery cell or module spreads to adjacent batteries or other equipment • Each storage facility is equipped with is own air conditioning or cooling system to ensure it operates within the ideal temperature range » Our company will coordinate with first responders and fire officials to safely 0 -af any damage in compliance with local, state and federal regulations BATTERY TESTING Our company operates a cutting-edge battery testing facility in Riviera Beach, Fla. Here,we study battery performance to help optimize our maintenance and replacement schedules for our battery storage systems. While lithium ion batteries are the most commercially viable technology today,we are also evaluating other battery chemistries and technologies to IIIIIIIIImra continue to advance this growing industry. V, . 7- : ,--,--,- ilk. 1111 \ kill, "---Svii161144111 41(1111 ,iiiiiiiiill 108446 From: Goebel, Mark To: Shani Porter Subject: RE:Annexation-Weld Energy Storage Date: Wednesday,September 10,2025 11:07:41 AM Attachments: image002.pnq imaae003.onq image004.pnq image005.png image006.pnq Good afternoon Shani, I understand and respect the Town's position. I will be in Colorado next week and have time Tue or Wed. Please let me know if you are available and I can stop by. I would like to see how we can still work together on this project and discuss possibly annexing and permitting the neighboring solar project. If this does not work maybe we can jump on a Teams call later next week. Talk soon, Mark From: Shani Porter<sporter@townofseverance.org> Sent: Monday, September 8, 2025 4:01 PM To: Goebel, Mark<Mark.Goebel@nexteraenergy.com> Cc: Nicholas Wharton <nwharton@townofseverance.org>; Lindsay Radcliff Coombes <lcoombes@townofseverance.org> Subject: RE: Annexation -Weld Energy Storage Good afternoon Mark and thank you for email—we are more than happy to meet, but the Town position will not change. The Town will object to the development of this property outside the Town boundaries as we firmly believe it should be annexed. The annexation would be in accordance with the Cooperative Planning Agreement we have in place with Weld County as the property abuts Town limits and is within our growth management area. Shani Porter iiii Planning Director Office: 470686-1218 Web:www.townofseverance.org 3 S.Timber Ridge Parkway,Severance,CO 80550 TOWN PRIDE through Leadership,Service and Collaboration. OO©O Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain privileged,confidential,or otherwise protected information.If you have received this communication in error,please immediately notify the sender by return email and destroy the transmission.Any disclosure,copying, distribution,or taking any action concerning this communication's contents or attachments by anyone other than the named recipient is strictly prohibited. From: Goebel, Mark<Mark.Goebel@nexteraenergy.com> Sent: Friday, September 5, 2025 2:53 PM To: Shani Porter<sporter@townofseverance.org> Cc: Nicholas Wharton <nwharton@townofseverance.org>; Lindsay Radcliff Coombes <Icoombes@townofseverance.org> Subject: RE: Annexation -Weld Energy Storage Good afternoon Shani, I hope your week is going well. I understand the Town's desire to annex the project, however,the State/landowner has declined to annex the property.The property is not an enclave or municipally owned and therefore we can't pursue annexation without the landowner's consent. We want to maintain a relationship with the town but for this project I'm bound by the landowner's decision. Is it possible for us to connect and discuss the Town's position and how we can work together? Mark From: Shani Porter< > Sent: Friday, August 29, 2025 11:34 AM To: Goebel, Mark<Mark.Goebel@nexteraenergy.com> Cc: Nicholas Wharton <nwharton@townofseverance.org>; Lindsay Radcliff Coombes <lcoombes@townofseverance.org> Subject: RE: Annexation -Weld Energy Storage Good morning Mark The Town Council will require this development to be annexed and permitted through the Town. If you choose to proceed through Weld County,the Town will object.As stated previously,the Town will make every effort to meet your contractual obligations while adhering to State Statute and our own municipal code. We look forward to working with you. Please let me know if you have any questions. Shani Porter Planning Director .1---*% \t. Office: 970-686-1218 Web:www.fownofseverance.org 3 S.Timber Ridge Parkway,Severance,CO 80550 TOWN PRIDE through Leadership,Service and Collaboration. OO©O Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain privileged,confidential,or otherwise protected information.If you have received this communication in error,please immediately notify the sender by return email and destroy the transmission.Any disclosure,copying, distribution,or taking any action concerning this communication's contents or attachments by anyone other than the named recipient is strictly prohibited. From: Goebel, Mark<Mark.Goebel@nexteraenergy.com> Sent:Thursday, August 28, 2025 7:47 AM To: Shani Porter<sporter@townofseverance.org> Subject: RE: Annexation -Weld Energy Storage Good morning Shani, Wanted to follow up and see if we could discuss the outcome of the Town Council meeting on Tuesday. Mark From: Shani Porter<soorter@townofseverance.org> Sent: Wednesday, August 13, 2025 10:55 AM To: Goebel, Mark<Mark.Goebel@nexteraenergy.com> Cc: Nicholas Wharton <nwharton@townofseverance.org>; Lindsay Radcliff Coombes <Icoombes@townofseverance.org> Subject: RE: Annexation -Weld Energy Storage Good morning Mark and thank you for your email. I have shared this email with our Town Management who in turn will be discussing this email and future steps with our Town Council during an executive session at their regular scheduled meeting on August 26th. The Town will provide a response following that meeting. Shani Porter Planning Director Office: 970-686-1218 Web:www.fownofseverance.org 3 S.Timber Ridge Parkway,Severance,CO 80550 • iv. • TOWN PRIDE through Leadership,Service and Collaboration. OO©O Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain privileged,confidential,or otherwise protected information.If you have received this communication in error,please immediately notify the sender by return email and destroy the transmission.Any disclosure,copying, distribution,or taking any action concerning this communication's contents or attachments by anyone other than the named recipient is strictly prohibited. From: Goebel, Mark<Mark.Goebel@nexteraenergy.com> Sent: Monday, August 11, 2025 8:38 AM To: Shani Porter<sporter@townofseverance.org> Subject: RE: Annexation -Weld Energy Storage Good morning Shani, Thank you for your patience as we researched your question regarding use tax estimates. Given the complexities of determining accurate tax calculations for battery storage projects, we engaged outside counsel to ensure we provided you with reliable information. Use Tax Estimates: Weld Energy Storage:We estimate the use tax amount to be$30k.This was primarily impacted by our tax counsel finding that the battery storage containers themselves,which make up the bulk of the cost, are not considered construction or building material. They concluded the following: The battery energy storage system components located within the company's modular, skid- mounted containers do not meet the definition of"construction or building materials"as that term has been authoritatively construed by the Colorado Court of Appeals and, subsequently, affirmed by the Colorado Supreme Court. See Bd. of Cty. Comm'rs of Rio Blanco v. ExxonMobil Oil Corp., 222 P.3d 303, 303 (Colo. 2009). Each unit retains its identity, is readily removable, and does not form part of a building or structure integrated into real property. These are precisely the attributes the ExxonMobil court relied upon in excluding similar industrial assets from construction use tax • Solar Component: Due to the early development stage of our solar site,we cannot provide a definitive estimate at this time. However, based on our planned 150 MW capacity,you can reference the Black Hollow Solar payment structure to calculate a reasonable approximation of our expected contribution to the town.This is something that we as NextEra would be interested in working with the town on and can discuss the benefits with the land owners for the project. State Land Board Annexation Update: I've been in discussions with the State Land Board regarding potential annexation as well.They have declined to pursue annexation at this time and have provided the attached email outlining their position for your records. Please let me know if you have any questions and/or would like to discuss any of these details by phone. Respectfully, Mark Goebel Project Director- Development Office: 561-694-7472 Cell: 772-285-2791 700 Universe Blvd. Juno Beach, FL 33401 N xT ra- ENER 1' AFSQURI S From: Shani Porter<sporter@townofseverance.org> Sent: Monday,July 21, 2025 4:59 PM To: Goebel, Mark<Mark.Goebel@nexteraenergy.com> Subject: RE: Annexation -Weld Energy Storage If you could do it for both—of course the storage being the most important at this point, and solar(with a planned map area)for the future would be great.—and yes, sorry about your connection Shani Porter Planning Director Office: 970-686-1218 TOWN OF Web:www.townofseverance.org SEvERANEF3 S.Timber Ridge Parkway,Severance,CO 80550 • 1920 2020 • C� r 4fTENNIA0*". TOWN PRIDE through Leadership,Service and Collaboration. OO©O Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain privileged,confidential,or otherwise protected information.If you have received this communication in error,please immediately notify the sender by return email and destroy the transmission.Any disclosure,copying, distribution,or taking any action concerning this communication's contents or attachments by anyone other than the named recipient is strictly prohibited. From: Goebel, Mark<Mark.Goebel@nexteraenergy.com> Sent: Monday,July 21, 2025 2:37 PM To: Shani Porter<sporter@townofseverance.org> Subject: Re: Annexation -Weld Energy Storage Hi Shani, Sorry I lost you, but I could hear you regarding the use tax. I am assuming you want this for the current storage project and not our future solar project but want to confirm. Thanks! Mark Get Outlook for iOS From: Shani Porter<sporter( townofseverance.org> Sent: Monday,July 21, 2025 8:44:33 AM To: Goebel, Mark<Mark.Goebel@nexteraenergy.com> Subject: RE: Annexation -Weld Energy Storage Good morning Mark—I am available all day today to speak about this annexation. Shani Porter Planning Director .1---*% \t. Office: 970-686-1218 Web:www.fownofseverance.org 3 S.Timber Ridge Parkway,Severance,CO 80550 TOWN PRIDE through Leadership,Service and Collaboration. OO©O Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain privileged,confidential,or otherwise protected information.If you have received this communication in error,please immediately notify the sender by return email and destroy the transmission.Any disclosure,copying, distribution,or taking any action concerning this communication's contents or attachments by anyone other than the named recipient is strictly prohibited. From: Goebel, Mark<Mark.GoebelPnexteraenergy.com> Sent: Sunday,July 20, 2025 7:05 AM To: Shani Porter<snorterPtownofseverance.org> Subject: RE: Annexation -Weld Energy Storage Hi Shani, No problem. I can provide what was discussed with State Land Board and then hopefully connect on Monday to get your thoughts. I spoke with David Rodenberg at the State Land Board who oversees their renewable energy program. David understands the contract start date of January 2026 that we have with our customer, and I explained the general timeline of when we felt we could be annexed and permitted through the Town of Severance. He informed me that the annexation would need to be approved by the board and based on their schedule, approval would not happen until September/October. Due to schedule risk,the State Land Board is not interested in annexing the parcel at this time. I asked him about annexing the possible solar project that we have that sits on the same state land as well as other contiguous parcels adjacent to the Black Hollow Solar site adding that if the town wants to annex our site there is a high likelihood that our permit would get approved. David said,they would be interested at that point as it increases the likelihood of us building the project and State Land Board receiving annual revenue. Going forward, I want to maintain our relationship with the Town of Severance and will start discussing possible annexation with our landowners for our possible solar project. If you would like to discuss on Monday, I have a meeting to attend from 10-1 MST but otherwise, I am available. Respectfully, Mark Goebel Project Director- Development Office: 561-694-7472 Cell: 772-285-2791 700 Universe Blvd. Juno Beach, FL 33401 Ir r Tera- ENER 1'et_ RESOURCES From: Shani Porter<sporterPtownofseverance.org> Sent: Friday,July 18, 2025 9:26 AM To: Goebel, Mark<Mark.Goebel@nexteraenergy.com> Subject: Re: Annexation -Weld Energy Storage Mark- I need to reschedule our call to Monday if possible please. r"""*....\ Shani Porter ili Planning Director Office:970-686-1218 Web:www.fownofseverance.org 3 S.Timber Ridge Parkway,Severance,CO 80550 • i • TOWN PRIDE through Leadership,Service and Collaboration. From: Goebel, Mark<Mark.Goebel@nexteraenergy.com> Sent:Thursday, July 17, 2025 3:14:04 PM To: Shani Porter<snorter@townofseverance.org> Subject: RE: Annexation -Weld Energy Storage Hi Shani, Ok, sounds great. I will reach out at 9:30 EST. Mark From: Shani Porter<sporter( townofseverance.org> Sent:Thursday, July 17, 2025 1:32 PM To: Goebel, Mark<Mark.GoebeI nexteraenergy.com> Subject: Re: Annexation -Weld Energy Storage Hi Mark- I am out of the office today traveling. I could speak tomorrow between 8-l0am eastern time if that works for you. If not we will have to connect on Monday. Shani Porter Planning Director Offiee:970-686-12f18.t �. wwwownfseverance.org SIEVE � of Wb:A. 3 S.Timber Ridge Parkway,Severance,CO 80550 I'b TOWN PRIDE through Leadership,Service and Collaboration. From: Goebel, Mark<Mark.Goebel@nexteraenergy.com> Sent:Thursday, July 17, 2025 9:52:55 AM To: Shani Porter<sborter@townofseverance.org> Subject: RE: Annexation -Weld Energy Storage Good Morning Shani, I was able to discuss annexation with the State Land Board. Would you happen to have time today/tomorrow to connect and discuss? Only time I can't do is 4 or later today. Thanks! Mark From: Shani Porter<sporter@townofseverance.org> Sent: Friday,July 11, 2025 11:21 AM To: Goebel, Mark<Mark.Goebel@nexteraenergy.com> Subject: RE: Annexation -Weld Energy Storage Hi Mark—attached, is the Use Tax Agreement for BHS that would be similar to one we would develop for your project and is how we would determine the economic value of the battery storage facility. Shani Porter Planning Director Office: 970-686-1218 TOWN OF Web:www.townofseverance.org SEvERANEF3 S.Timber Ridge Parkway,Severance,CO 80550 • 1920 2020 • C� r 4(TEA/NIAL'4*". TOWN PRIDE through Leadership,Service and Collaboration. OO©O Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain privileged,confidential,or otherwise protected information.If you have received this communication in error,please immediately notify the sender by return email and destroy the transmission.Any disclosure,copying, distribution,or taking any action concerning this communication's contents or attachments by anyone other than the named recipient is strictly prohibited. From: Goebel, Mark<Mark.GoebelPnexteraenergy.com> Sent: Friday,July 11, 2025 7:55 AM To: Shani Porter<sporterPtownofseverance.org> Subject:Annexation -Weld Energy Storage Good Morning Shani, Following up after your planning meeting yesterday. Would you happen to have a few milestones for permitting and annexation that I could provide to State Land Board to understand and make a decision on annexation? I am relatively open today so let me know if you want to jump on a call to discuss anything. Thanks, and talk soon. Respectfully, Mark Goebel Project Director- Development Office: 561-694-7472 Cell: 772-285-2791 700 Universe Blvd. Juno Beach, FL 33401 NExTera ENERGY RESOURCES 1861 Notice of Inquiry �l Weld County coU1 TY Pre-application Case# PRE22-0133 Date of Inquiry 6/15/2022 Municipality Severance CPA Name of Person Inquiring NextEra Energy Resources, LLC c/o Nathan Keiser Property Owner Multiple Planner Michael Hall Planner Phone Number (970)400-3528 Planner Email Address mhall@weldgov.com Legal Description Multiple Parcel Number Multiple- 055526000005, 055526000004, 055536000015, 055536000011, 055536000016, 055331000004, 055331000005 Nearest Intersection CR 25 & CR 86 Type of Inquiry 1041 SOLAR ENERGY FACILITY+/-1478 ACRES The above person met with County Planning staff about developing a parcel of land inside your designated Intergovernmental Agreement/Coordinated Planning Agreement Boundary. 4:IL/gat/ County Planner's signature Would you like to pursue annexation of this property? NO x YES Date of Contact 6.16.22 Comments: The Town of Severance finds no conflict with its interests. The Town asks that all future submittals be sent to the Town for review. Abdul Ba rza k Digitally signed by Abdul Barzak Date:2022.06.2821:16:20-06'00' Town Planner 6.28.22 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. Weld County Planning Department 1555 N 17th Ave, Greeley, CO 80631 — (970) 400-6100 — (970) 304-6498 Fax 20181107 Hello