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HomeMy WebLinkAbout20241667.tiffDocuSign Envelope ID: 86ABF3AA-B900-4FE2-AF7A-C7A6C1 F73EF7 USE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE: AMOUNT $ APPLICATION RECEIVED BY DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: P ROPERTY INFORMATION Is the property currently in violation? No /I - Yes Violation Case Number: Parcel Number: 0 Z 9_ 9 - a_ 1 - J_ - _a _0_ - {Lao_ 9_ S ite Address: Legal Description: 7709 E2 31 6 63 EXC UPRR RES Section: , Township E Within subdivision or townsite? N, Range __aa W No IF Yes Name: Water (well permit # or water district tap #): N/A Zoning District: Ag Acreage: 319.3 Sewer (On -site wastewater treatment system permit # or sewer account #): N/A Floodplain No/ Yes Geological Hazard No/ Yes Airport Overlay No/ Yes P ROJECT U SR Use being applied for: M_estim Scale.ri_soiar Facility__ Name of proposed business: Aquamarine Solar, LLC & Beatrix Solar, LLC PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: Steve Wells Company: Wells Ranch Phone #: Street Address: 32010 CR 63 Email: City/State/Zip Code: Gill, CO 80624 APPLICANT/AUTHORIZED AGENT (Authorization Form must be included if there is an Authorized Agent) Name: Kristy Weyerman Company: Aquamarine Solar, LLC & Beatrix Solar, LLC Phone #: Email: Street Address: 1724 Gilpin St City/State/Zip Code: Denver, CO 80218 I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the corporation. Ctivrivia .64mApc. 4/19/2024 I 12:33 PM MDT S ignature Date Signature Date Corrina Kumpe P rint Print 07/22 9 DocuSign Envelope ID: 28E9F5E1-D3BC-47D7-9367-A7789A231 C8E USE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE: AMOUNT $ APPLICATION RECEIVED BY DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: P ROPERTY INFORMATION Is the property currently in violation? Parcel Number: 0 7 9 9 3 S ite Address: 40.450°, -104.479° No / r Yes Violation Case Number: 1 _1 _0 0 _0 0 4 Legal Description: 7887 W2SE4/E2SW4 24 6 66 Section: 31 , Township 6 N, Range 63 W Zoning District: Ag Acreage: 319 Within subdivision or townsite? P No IF Yes Name: nia Water (well permit # or water district tap #): Receipt: 9058333/Permit: 183 -RD Sewer (On -site wastewater treatment system permit # or sewer account #): N/A Floodplain No/ Yes Geological Hazard P ROJECT U SR Use being applied for: Medium -Scaled Solar Facility Name of proposed business: Aquamarine Solar, LLC No/ Yes Airport Overlay No/ Yes PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: Steve Wells Company: Wells Ranch Phone #: Email: Street Address: 32010 CR63 City/State/Zip Code: Gill, CO 80624 APPLICANT/AUTHORIZED AGENT (Authorization Form must be included if there is an Authorized Agent) Name: Kristy Weyerman Development Manager; Jake Bobrow, VP Development; Corrina Kumpe, COO Company: Aquamarine Solar, LLC Phone #: (303) 7728-4112 Email: kwyerman@mysunshare.com Street Address: 1724 Gilpin St City/State/Zip Code: Denver, CO 80218 I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the corporation. CorrmA 6Att. 10/12/2023 1 9:33 AM MDT S ignature Corrina Kumpe Date Signature Date P rint Print 07/22 9 (Owner — please print) DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1402 NORTH 17TH AVENUE PO BOX 758 GREELEY CO 80632 AUTHORIZATION FORM give permission to SunShare, LLC d /a Aquamarine Solar, LLC (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: 079931100004 Legal Description: A portion of Section 31 Township 6N, Range 63 Subdivision Name: Property Owners Information: Address:32010 County Road 63, Gill, Co 80651 Lot Block Phone: E-mail: Authorized Agent/Applicant Contact Information: Address: 1724 Gilpin St, Denver, CO 80218 ( }3) 728-4112 Phone: welisranchsba@gmail1com E -Mail: bsc ott@rnysunshare.com Correspondence to be sent to: Owner EL Authorized Agent/Applican d by: Mail Email Additional Info: 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. Owner Signature Date `'1f "frr d3 Date Owner Signature Subscribed and sworn to before me this c77b day of Sievien _ . My commission expires 45///rte "771 07122 SANDRA BURKACKI NOTARY PUBLIC • STATE OFCOLORADO Notary r9 #20164017409 M Commission ExJres 5/11/2024 20 4;23 by Notary Public 11 DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1402 NORTH 1 -7TH AVENUE PO BOX 758 GREELEY CO 80632 AUTHORIZATION FORM I, (We), S fc I G-' I S , give permission to Aquamarine Solar, LLC & Beatrix Solar, LLC (Owner — please print) Wells Ranch (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: Legal Description:7709 E2 31 6 63 EXC UPRR REof Section Township N, Range W g31 6g 63 Subdivision Name: Property Owners Information: Address: 32010 CR 63., Gill, CO 80624 Phone: E-mail: Authorized Agent/Applicant Contact Information: Address: 1724 Gilpin St., Denver, CO 80218 Phone: 970-373-6323 Lot Block E -Mail: kweyerman@mysunshare.com Correspondence to be sent to: Owner ri Authorized Agent/Applicant by: Mail Email Additional Info: 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. Owner Signature Date Li- Owner Signature Subscribed and sworn to before me this day of ci�„ / 7, My commission expires 2 // 2025" Notary Public SANDRA BURKACKI NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20164017409 MY COMMISSION EXPIRES MAY 11, 2028 Date Lk" f % - y , 20 ,_>7by 07/22 11 Use by Special Review - Solar Energy Facility Questionnaire Aquamarine Solar, LLC (Phase 1) & TBD Solar, LLC (Phase 2) PID 079931100004 1. Explain the proposed use and business name. Aquamarine Solar, LLC & TBD Solar, LLC propose a Solar Energy Facility (SEF) to be placed on Weld County PID 079931100004. The SEFs will have a total capacity of 10,000 kW AC and will cover approximately 54.31 acres on the west half of the northeast parcel. The SEFs are constructed through Xcel Energy's Solar*Rewards Community Program. This program was implemented by the Colorado Public Utilities Commission in 2010 and mandates that Xcel work with independent, third -party solar developers to provide local energy production at the electric distribution level and provide ratepayers with the option to choose their energy source. This program combats potential full monopolization by Xcel in the generation and sale of energy to customers in Xcel territory. Furthermore, in order to win an award for our Aquamarine and TBD solar project, Aquamarine Solar, LLC & TBD Solar, LLC had to compete against numerous other solar developers in a selective RFP process — a process which ultimately yields the best prices and quality of work for consumers. Aquamarine Solar, LLC & TBD Solar, LLCs projects will allow for a safe and well-timed addition of energy to the grid. Distributed energy projects like this have the added benefit of strengthening the local electric grid and creating a more resilient local electricity system. The projects, and their relatively small footprint, will complement Weld County's numerous other energy generation industries and County's place as the energy capital of Colorado. The Aquamarine Solar, LLC & TBD Solar, LLC projects will allow consumers to have a choice in their energy supply. With the construction of this project, Xcel customers in Weld County and all throughout the front range will have the ability to decide if they would like to subscribe to a portion of the solar array's output, thereby giving them 100% solar energy (an alternative to Xcel's one and only choice for consumers). 2. Explain the need for the proposed use. The project meets a multitude of needs in the community: The Landowner does not have water rights for this parcel. Should this parcel ever be considered for agricultural production, the landowner would be required to find water from a different system, and either rent or purchase the water rights. The market rates also make the purchase of water (were it to even become available) wholly uneconomical as costs would far exceed any possible return on investment. Furthermore, the topsoil would need to be reestablished on the entirety of the parcel, meaning the potential for future ag production is near nonexistent without an immense amount of labor and capital, leaving the potential for any return on investment equally unlikely. The addition of these SEFs provides the opportunity for a long-term, predictable income stream while simultaneously fortifying the grid in Weld County. Rather than the parcel sitting as vacant rangeland, the construction of the SEFs can provide local jobs and a long-term asset that will create energy at a competitive price to the benefit of Weld County residents. Residents in Xcel territory have not traditionally had a choice in who their utility provider is and where their energy comes from. Community solar solves this issue by providing ratepayers with 1724 Gilpin Street, Denver, CO 80218 ® info@mysunshare.com • 800.793.0786 • MYSUNSHARE.COM a Sur Share COMWONITY 5OIA.L 41111 010 itt„1/4 an opportunity for choice, and an option to choose locally generated electricity. Weld County, and Colorado as a whole, is experiencing massive growth in electricity consumption. More electricity generation is needed to meet this need. Local solar projects like this help the state and county diversify its electricity sources and have local generation that result in a more stable and resilient grid. Weld County has long been the energy capital of Colorado and adding solar to the County will further diversify the County's energy mix and further its role as an energy leader in Colorado. Weld County's Comprehensive plan specifically calls out a goal of supporting "responsible energy and mineral development"This project meets the definition of responsible (see answer to question 21) . 3. Describe the current and previous use of the land. The current and previous land use is vacant rangeland; however, this parcel is zoned for agriculture. 4. Describe the proximity of the proposed use to residences. There are no residences on this parcel, however there is one residence to the northeast within 500 feet of the phase two proposed SEF at parcel number 079930400009. 5. Describe the surrounding land uses of the site and how the proposed use is compatible with them. The surrounding parcel to the west is a dairy/feed lot, the parcels to the south and east are rangeland and the parcels to the north are rangeland and cropland. All parcels surrounding this facility have/had oil and gas operations on them. From a health and safety perspective, solar is a compatible use for the surrounding lands. It produces no airborne or soil -leaching contaminants, making it safe for the nearby crops and any other agricultural production taking place. This addition will pose no health or safety threat to these uses. Solar is also one of the few uses for land that also contains active or abandoned oil and gas infrastructure. SEFs are not inhabited, and oil and gas contamination pose no threat to the solar array. Solar is a safe and non -disruptive use for this parcel; it is primed to be placed amidst an area with various uses. 6. Describe the hours and days of operation (i.e., Monday through Friday 8:00 a.m. to 5:00 p.m.). Once construction is complete, the SEFs will continuously operate 24/7, but only producing power during daylight hours. The proposed SEFs will use single -axis trackers, which will angle the solar modules accordingly as the sun shifts in the sky. These trackers allow for maximized energy production. While the array will be running all day, it will create no disturbances. Solar arrays are nearly silent and produce no smoke, smog, vapors, or dust. Construction will run during normal business hours for the duration of about 3 months. 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. During construction: Construction during daytime hours will range from 7 to 14 during the early mobilization and site preparation stage with site construction workers peaking at 50 to 60 workers midway through the project and reducing back down to 7 and 14 workers during the final commissioning and testing stage. Once operational: The SEFs will have a maintenance crew visit once quarterly (or as needed if damage occurs due to weather), otherwise the SEFs will be unmanned. 1724 Gilpin Street, Denver, CO 80218 ® info@mysunshare.com • 800.793.0786 • MYSUNSHARE.COM 1lprc§Hti YI 41111 010 itt„1/4 8. Describe the maximum number of users, patrons, members, buyers or other visitors that the site will accommodate at any one time. N/A. This proposed use will be for energy production only and will not host patrons, etc. 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.). Aquamarine Solar, LLC & TBD Solar, LLC value the prominence of agriculture in Weld County, and we often make efforts to support the industry when constructing SEFs. One practice that we offer at our SEFs is working with a local sheep rancher (with whom we have a pre-existing partnership), offering our site as grazing land for his sheep. This allows for the SEF site's vegetation to be maintained, while benefiting a local rancher (rather than employing mechanical mowers). We will have to complete a more thorough analysis of the current vegetation of the area to determine if there is enough growth for the sheep. Should we move forward with sheep grazing, there will be approximately 60 sheep present onsite. The site will be fully fenced in, containing the sheep, and the rancher will have access to the site whenever needed. The sheep will visit for a few weeks at a time, as frequently as needed onsite. 10. List the types and number of operating and processing equipment. There will be an estimated total for both phases of 20,230 695w monocrystalline modules, 125kVA inverters, and rows of single -axis trackers. The system consists of string level DC to AC conversion inverters, main equipment pads with AC Recombiners, switchgear and MV step up transformers that connect to Xcel's grid. 11. List the types, number and uses of the existing and proposed structures. There will be no structures associated with the proposed solar facility other than the solar array itself, which will be used for energy generation. 12. Describe the size of any stockpile, storage, or waste areas. During the construction phases, there will be materials and equipment that may need a laydown yard located on the interior of the facility, see site sheet 9 of the USR plan (laydown area). When the construction is completed, there will be in place a metal conex container for storing spare modules and other spare parts. 13. Describe the method and time schedule of removal or disposal of debris, junk and other wastes associated with the proposed use. During the construction phases, waste will be stored in refuge dumpsters, which will be emptied on a regular basis or as needed. Once the facilities are operational, there will be no waste or refuge produced from the solar operation. 14. Include a timetable showing the periods of time required for the construction of the operation. • Solar Facility Components First Deliver Day 1 • Perimeter Fence Installation Day 1 to Day 11 • Solar Panel Foundation Installation Day 1 to Day 30 • Racking, Trenching, Wiring Day 30 to Day 64 • Solar Panel Installation Day 64 to Day 94 • Inspection & Set Meters Day 94 to Day 99 • System Testing & Commissioning Day 99 to Day 109 1724 Gilpin Street, Denver, CO 80218 ® info@mysunshare.com • 800.793.0786 • MYSUNSHARE.COM a Sur Share COMWONITY 5OIA.L 41111 010 itt„1/4 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 subject area (54.3 acres) is currently agricultural land and will need to be re -seeded within the construction area. Following the completion of the construction for each phase, disturbed areas within the limits of construction, such as roadcuts, utility trenches, and other areas where vegetation has been removed, altered, or eliminated, will be reseeded with native seed mix. There will be approximately 35,500 square feet of gravel area including the gravel access, gravel laydown, and the hammerhead turnaround. There will be two (2) concrete transformer pads of approximately 3400 square feet combined. 16. How many parking spaces are proposed? How many handicap -accessible parking spaces are proposed? There will be two (2) temporary internal parking spaces for vehicles servicing facility. There will be no ADA parking spaces, as this is not a facility for general public use. 17. Describe the existing and proposed fencing and screening for the site including all parking and outdoor storage areas. To comply with the National Electric Code, there will be an 8' tall game fence installed around the entire perimeter of the site. The fence and gate will be constructed of 4" X 4" welded rod material. The two (2) internal parking spaces on the site plan are temporary. There will be no outdoor storage associated with this proposed solar facility. 18. Describe the existing and proposed landscaping for the site. The entire area of the parcel is a mixture of lower maintenance dryland seed mix. The unaffected area's landscaping will not change. Once the construction phase is completed, the affected area within the solar facility fence will be seeded with the seed mixture that the landowner has given. 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. Once the sites are no longer used for the proposed solar facility, the panels, racking, cabling, inverters, and all associated equipment will be removed from the site and recycled and/or disposed of in a responsible manner. The sites will be returned to the condition it was in prior to the solar facilities being constructed with the exception of certain site improvements desired by the landowner or system design such as re -grading, leveling, vegetation, and/or soil improvements. Solar leaves behind no ground contamination, so there will be no hazardous elements left behind on the land. 20. Describe the proposed fire protection measures. The subject property is within the Galeton Fire Protection District. Fire access within the facility will be via a 20' -wide gravel driveway, with a hammerhead or an acceptable hammerhead alternative turnaround at the end of the drive. Grasses within the solar facilities will be mowed as needed, to help prevent the spread of range fires. Maintenance will be performed regularly each quarter, as well as on an as -needed basis, to monitor and maintain the electrical wiring of the system. 21. Explain how this proposal is consistent with the Weld County Comprehensive Plan per Chapter 22 of the Weld County Code. The Weld County Comprehensive Plan addresses goals and objectives for natural resources (Weld County Code, Chapter 22, Sec.22-2-60). The proposed use of the subject property as a 1724 Gilpin Street, Denver, CO 80218 ® info@mysunshare.com • 800.793.0786 • MYSUNSHARE.COM a Sur Share COMWONITY 5OIA.L 41111 010 itt„1/4 solar power generation facility is consistent with the goals and policies of this section. Section B states one goal of Weld County's is "Support responsible energy and mineral development." The County outlines the steps for this goal, and these following steps in particular, are supported by the SEF: "1. Ensure that surface development reasonably accommodates mineral extraction." Aquamarine Solar, LLC & TBD Solar, LLC's SEFs work well when located near oil and gas activity as solar does not have to follow the same health and safety restrictions that inhabited buildings do. "3. Require that energy and mineral resource development conserve the land and minimize the impact on surrounding land and the existing surrounding land uses." The standard lifetime of an SEF is 20-40 years. At the end of its life, our SEFs will be fully decommissioned, and the land that it stands atop will be fully restored. Additionally, this project should allow the land to go fallow for many years, improving the soil conditions for possible future agricultural use, should the landowner decide to change this parcel into an agriculture production instead of rangeland. Solar produces no contamination or noise pollution and will pose no threat to surrounding land uses. "5. Energy development facilities should preserve agricultural areas and enhance the rural landscape." When decommissioned, the SEFs will leave behind uncontaminated agricultural lands with renewed soil. During its lifetime, the solar array will have native vegetation growing beneath it, contributing to Weld County's vegetative health and supporting local pollinator communities. 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.) "Agriculture in the COUNTY is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land USES. The A (Agricultural) Zone District was established to maintain and promote agriculture as an essential feature of the COUNTY. The A (Agricultural) Zone District 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 subject property is zoned Agricultural (A). Solar Facilities are permitted as a Use by Special Review in the Agricultural zone district. The Use by Special Review process allows for adequate review by the Planning staff, Planning Commission, and the Board of County Commissioners, to ensure compatibility with surrounding land uses. Additionally, citizens are afforded adequate opportunities to express their concerns in the public hearing setting before any solar facility can be constructed on agriculturally- zoned land. Within the stated intent of the "Agricultural" Zone District is the specific reference to "natural resource extraction" and "energy development". This proposed solar power generation plant is in compliance with the intent of the "Agricultural" Zone District. Solar facilities allow farmers and ranchers another use for their land and a viable stream of income beyond traditional farming and ranching uses. The SEF does not permanently stand on the land, or contaminate it, allowing for the landowner should they decide to use this land for agricultural purposes after the 20-40 year SEF lifecycle. 1724 Gilpin Street, Denver, CO 80218 ® info@mysunshare.com • 800.793.0786 • MYSUNSHARE.COM 1lprc§Hti YI 41111 010 itt„1/4 23. Explain how this proposal will be compatible with future development of the surrounding area or adopted master plans of affected municipalities. This subject parcel does not fall within an Intergovernmental Agreement Boundaries and therefore not impactful to the master plans of any municipalities in Weld County. Additionally, the proposed solar facility will be compatible with the remainder of the surrounding Area, which remains unincorporated. Much of the surrounding area is now, and will probably remain, agricultural in nature. In addition, oil/gas production will likely continue in the surrounding area. Solar development is very compatible with farming and ranching uses and oil/gas development. Renewable projects provide farmers and ranchers a viable alternate use to traditional farming and ranching uses on their land. Since there are no permanent structures being built as part of this proposal, the land can be returned to its agricultural use once the economic viability of the solar facility has ended. 24. Explain how this proposal impacts the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. This development will positively impact the health, safety, and welfare of the inhabitants of the surrounding area and County. The SEF will create no airborne or ground contaminants, making it nonhazardous for residents near and far. The SEF is also nearly silent when operating, thus will not contribute to any noise pollution. The SEF will produce local electricity without adding any pollution to the air. The SEF will be fully fenced in with a security fence, making it inaccessible for trespassers and preventing potential hazardous situations. Aquamarine Solar, LLC & TBD Solar, LLC will build the SEFs according to both building codes and Xcel's standards and will pose no threat to the health and viability of the electric grid, locally or throughout the front range. The addition of solar energy to the grid will further diversify the energy mix supplied by Xcel, preventing dependence on any one source of fuel and eliminating the risks associated. The SEFs will also provide Weld County residents (who are Xcel customers) with the opportunity to choose their energy source and energy provide, increasing consumer choices and economic freedom. 25. 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. While this land is zoned for agriculture, it should not be considered as prime farmland. The Weld County Code defines prime and non -prime farmland as follows: "FARMLAND - WELD COUNTY NONPRIME: NONPRIME FARMLAND is low capability land that is not considered important land for food production. It may be composed of poorer soils prone to erosion or may have topographical limitations such as slopes or gullies." "FARMLAND - WELD COUNTY PRIME: The availability of a consistent supply of quality water must exist in order to have PRIME FARMLANDS. PRIME and PRIME if irrigated lands fall into upper capability classes as defined by the Natural Resource Conservation Service and Colorado State University Cooperative Extension Service and should be protected equally if irrigation water is available and they are located within a reasonable distance of water delivery STRUCTURES." For the following reasons, Aquamarine Solar, LLC & TBD Solar, LLC believes this parcel falls into the nonprime farmland category: 1) This parcel should be considered Non -Prime Farmland because there are no water rights to farm on the lands. 1724 Gilpin Street, Denver, CO 80218 ® info@mysunshare.com • 800.793.0786 • MYSUNSHARE.COM a Sur Share COMWONITY 5OIA.L 41111 010 itt„1/4 26. 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. This location does not fall within any of the zoning districts. 27. 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. Aquamarine Solar, LLC & TBD Solar, LLC will need to apply for the following permits to complete this SEF: County: Access Permit State: COR400000 Stormwater Discharge to be applied for and obtained following USR issuance Federal: N/A 1724 Gilpin Street, Denver, CO 80218 ® info@mysunshare.com • 800.793.0786 • MYSUNSHARE.COM a Sur Share COMWONITY 5OIA.L Use by Special Review for a Solar Energy Facility Aquamarine Solar, LLC (Phase 1) & TBD Solar, LLC (Phase 2) Parcel ID No. 079931100004 Public Works/Development Review 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. Response: There are no existing access permits on this parcel. 2.Describe any anticipated change(s) to an existing access, if applicable. The access will be built up for a safer access into the parcels. 3.Describe in detail any existing or proposed access gate including its location. To comply with the National Electric Code, there will be an 8' tall game fence installed around the entire perimeter of the site, with a gate located at the access location, approximately 1,000 ft north of the access point off AA Street. The proposed fence and gate will be constructed of 4" X 4" 6 GA galvanized wire mesh welded to frame. The gate will remain closed and locked at all times except during construction and quarterly maintenance periods. 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. Per the Weld County Assessor's Map, the only documented access permits near the proposed SEF are as follows: Permit No.: AP 19-00338 Holder: Wells Ranch c% Build West Construction Type: Agriculture Approximate Distance and Direction from SEF: 846 ft NE Approximate Distance and Direction from Intersection of WCR 64 and WCR 61: 4,431 ft E Permit No.: AP21-00580 Holder: Acre Farms LLLP Type: Agriculture Approximate Distance and Direction from SEF: 2,640 ft W Approximate Distance and Direction from Intersection of WCR 64 and WCR 61: 196 ft S 1724 Gilpin Street, Denver, CO 80218 ® info@mysunshare.com • 800.793.0786 • MYSUNSHARE.COM a Sur Share COMWONITY 5OIA.L 41111 010 itt„1/4 5. Describe any difficulties seeing oncoming traffic from an existing access and any anticipated difficulties seeing oncoming traffic from a proposed access. Response: There are no difficulties seeing oncoming traffic from our proposed/existing access. The surrounding land is flat and free of vegetation, providing a clear plain view. 6. Describe any horizontal curve (using terms like mild curve, sharp curve, reverse curve, etc.) in the vicinity of an existing or proposed access. Response: There are no horizontal curves in the vicinity. All roads are straight in the area. 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. Response: Per field inspection, the topography of the portion of WCR 64 that runs near our proposed access is very flat and provides a clear plain of view. 1724 Gilpin Street, Denver, CO 80218 ® info@mysunshare.com • 800.793.0786 • MYSUNSHARE.COM a Sur Share COMWONITY 5OIA.L Use by Special Review for a Solar Energy Facility Aquamarine Solar, LLC (Phase 1) & TBD Solar, LLC (Phase 2) Parcel ID No. 079931100004 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. Response: N/A - Since this is an unmanned facility, no water supply is being proposed. During the construction phase of the project, the contractor will provide the work crew with potable water via portable water coolers. 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 an 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.) Response: N/A — Since this is an unmanned facility, no septic system is being proposed. During the construction phase, the contractor will provide a portable toilet for the construction crew. 3. If storage or warehousing is proposed, what type of items will be stored? Response: A steel container (8' X 40) is being proposed to store equipment and spare parts for the solar facility. The container is proposed to be positioned in the interior of the solar arrays, which should lessen its visual impact. The container will be painted a light tan to help blend the container with the natural environment. 4. Describe where and how storage and/or stockpile of wastes, chemicals, and/or petroleum will occur on this site. Response: N/A - There will be no stockpiles of wastes, chemicals, or petroleum associated with this facility. 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. Response: N/A — There will be no fuel storage associated with this facility. 6. If there will be washing of vehicles or equipment on site, indicate how the wash water will be contained. Response: There will be no washing of vehicles or equipment on site, with the exception of washing mud from the tires of vehicles leaving the site during the construction phase. There will be a 25' X 16' track mat located near the access drive at Weld County Road 64. This mat will consist of 1-3" washed rock, 6" thick, over a Mirafi HP 270 Geotextile or equivalent base. 1724 Gilpin Street, Denver, CO 80218 ® info@mysunshare.com • 800.793.0786 • MYSUNSHARE.COM a Sur Share COMWONITY 5OIA.L 7. If there are floor drains, indicate how the fluids will be contained. Response: N/A; there will be not floor drains associated with this facility 8. Indicate if there will be any air emissions (e.g., painting, oil storage, etc.). Response: N/A; There will be no air emissions associated with this facility. 9. Provide a design and operations plan if applicable (e.g., composting, landfills, etc.). Response: N/A; There will be no composting or landfills associated with this facility. 10. Provide a nuisance management plan if applicable (e.g., dairies, feedlots, etc.). Response: N/A 11. Additional information may be requested depending on the type of land use requested. Response: Understood. Water Supply Documentation: The facility will be unmanned and will not need water to be supplied. During construction all construction personnel will bring in potable water from offsite. Sewage Disposal Documentation: The facility will be unmanned and will not need sewage disposal systems onsite. A portable toilet will be provided to construction personnel during construction activities. 1724 Gilpin Street, Denver, CO 80218 ® info@mysunshare.com • 800.793.0786 • MYSUNSHARE.COM a Sur Share COMWONITY 5OIA.L Colorado Secretary of State Colorado Secretary of State ID#: 20231399638 Document #: 20231399638 Filed on: 04/11/2023 03:12:38 PM Paid: $1.00 Articles of Organization for a Limited Liability Company filed pursuant to § 7-90-301 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.) The domestic entity name of the limited liability company is Aquamarine Solar, LLC The principal office street address is 1724 Gilpin Street Denver CO 80218 US The principal office mailing address is 1724 Gilpin Street Denver CO 80218 US The name of the registered agent is Registered Agents, Inc. The registered agent's street address is 1942 Broadway Street Ste. 314C Boulder CO 80302 US The registered agent's mailing address is 1942 Broadway Street Ste. 314C Boulder CO 80302 US The person above has agreed to be appointed as the registered agent for this entity. The management of the limited liability company is vested in Managers There is at least one member of the limited liability company. Person(s) forming the limited liability company CO Land Acquisitions, LLC 1724 Gilpin Street Denver CO 80218 US Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., and, if applicable, the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing Adam Davenport 1724 Gilpin Street Denver CO 80218 US Colorado Secretary of State Articles of Organization for a Limited Liability Comp Colorado Secretary of State ID#: 20241294885 Document #: 20241294885 Filed on: 03/12/2024 02:47:44 PM Paid: $50.00 any filed pursuant to § 7-90-301 and § 7-80-204 of the Colorado Revised Statu The domestic entity name of the limited liability company is Beatrix Solar, LLC The principal office street address is 1724 N Gilpin St Denver CO 80218 US The principal office mailing address is 1724 N Gilpin St Denver CO 80218 US The name of the registered agent is Registered Agents Inc. The registered agent's street address is 1942 Broadway Street STE 314C Boulder CO 80302 US The registered agent's mailing address is 1942 Broadway Street STE 314C Boulder CO 80302 US The person above has agreed to be appointed as the registered agent for this entity. The management of the limited liability company is vested in Managers There is at least one member of the limited liability company. Person(s) forming the limited liability company CO Land Acquisitions LLC 1724 N Gilpin St Denver CO 80218 US tes (C.R.S.) Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., and, if applicable, the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing Mackenzie Miller 1724 N Gilpin St Denver CO CO 80218 US III MII IU li III II IDI Iffil I I I I I I I I I I I 2024025575 Page: 1 of 3 03/28/2024 02:21 PM City & County of Denver Electronically Recorded PREPARED BY AND WHEN RECORDED RETURN TO: CO Land Acquisitions, LLC 1724 Gilpin Street Denver, CO 80218 (Space above this line for Recorder's use only) R $23.00 D $0.00 MIS STATEMENT OF AUTHORITY (Section 38 30-i72, CRS.) 1. This Statement of Authority relates to an entity named Beatrix Solar, LLC. 2. The type of entity is a limited liability company. 3. The entity is formed under the laws of the State of Colorado. 4. The mailing address of the entity is 1724 Gilpin Street, Denver, Colorado 80218. 5. The name of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity are: David Amster-Olszews i, as President and CEO of Global Sun Holdings, Inc. Cortina Kumpe, as Chief Operating Officer of Global Sun Holdings, Inc. 6. The authority of the foregoing persons to bind the entity is not limited. 7. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of §38 -3O -i72, C.P.S. 8. This Statement of Authority amends and supersedes in all respects any prior Statement of Authority executed on behalf of the entity. Executed this ATS day of March 2024. [Signature Page Follows] City & County of Denver 2024025575 2 of 3 IN WITNESS WHEREOF, the undersigned has caused this Statement of Authority to be executed as of the date set forth above. Beatrix Solar, LLC a Colorado limited liability company By: CO LAND ACQUISITIONS LLC, a Colorado limited liability company Its: Sole Member and Manager By: SUNSHARE LAND HOLDINGS, LLC a Colorado limited liability company Its: Sole Member and Manager By: SUNSHARE DEVELOPMENT COMPANY, INC. a C o l o rado corporation Its: Manager By: SUNSITARE, LLC a Colorado limited liability company Its: Sole Shareholder By: SUNSHARE COMPANY HOLDINGS, LLC a Delaware limited liability company Its: Sole Member and Manager By: GLOBAL SUN HOLDINGS, INC. a Colorado corporation Its: Manager By: Corrina ati.ng Officer City & County of Denver 2024025575 3 of 3 SITE OF COLORADO CITY AND COUNTY OF DENVER ) ss. The foregoing instrument was acknowledged before me this a day of March 2024, by Corrina Kumpe, Chief Operating Officer of Global Sun Holdings, Inc, a Colorado corporation, as the manager of SunShare Company Holdings, LLC, a Delaware limited liability company, as the sole member and manager of SunShare, LLC, a Colorado limited liability company, as the sole shareholder of SunShare Development Company, Inc., a Colorado corporation, as the manager of SunShare Land Holdings, LLC, a Colorado limited liability company, as the sole member and manager of CO Land Acquisitions LLC, a Colorado limited liability company, as the sole member and manager of Beatrix Solar, LLC, a Colorado limited liability company. My commission expires: a witness my hand and official seal: MACKENZIE MARIE MILLER NOTARY PUBLIC STATE OF COLORADO NOTARY 10 20224044820 MY COMMISSION EXPIRES NOVEMBER 28, 2026 PREPARED BY AND WHEN RECORDED RETURN TO: CO Land Acquisitions, LLC 1724 Gilpin Street Denver, CO 80218 (Space above this line for Recorder's use only) STATEMENT OF AUTHORITY (Section 38-30-172, C,R.S.) 1. This Statement of Authority relates to an entity named Aquamarine Solar, LLC. 2. The type of entity is a limited liability company. 3. The entity is formed under the laws of the State of Colorado. 4. The mailing address of the entity is 1724 Gilpin Street, Denver, Colorado 80218. 5. The name of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity are: David Amster-Olszewski, as President and CEO of Global Sun Holdings, Inc. Corrina Kumpe, as Chief Operating Officer of Global Sun Holdings, Inc. 6. The authority of the foregoing persons to bind the entity is not limited. 7. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of §38-30-172, C.R.S. 8. This Statement of Authority amends and supersedes in all respects any prior Statement of Authority executed on behalf of the entity. Executed this a ' day of April 2023. [Signature Page Follows] IN WITNESS WHEREOF, the undersigned has caused this Statement of Authority to be executed as of the date set forth above. AQUAMARINE SOLAR, LLC a Colorado limited liability company By: COLAND ACQUISITIONS LLC, a Colorado limited liability company Its: Sole Member and Manager By: SUNSHARF COMPANY HOLDINGS, LLC a Delaware limited liability company Its: Sole Member and Manager By: GLOBAL SUN HOLDINGS, INC. a Colorado corporation Its: Manager By: STATE OF COLORADO ss. CITY AND COUNTY OF DENVER Corrinaing Officer The foregoing instrument was acknowledged before me thisdiday of April 2023, by g g Cortina Kumpe, Chief Operating Officer of Global Sun Holdings, Inc, a Colorado corporation, as the manager of SunShare Company Holdings, LLC, a Delaware limited liability company, as the sole member and manager of CO Land Acquisitions LLC, a Colorado limited liability company, as the sole member and manager of Aquamarine Solar, LLC, aColorado limited liability company. MACKENZIE MARIE MILLER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20224044820 MY COMMISSION EXPIRES NOVEMBER 28 2325 If f My commission expires: lt `�' � �°1'o�U' Witness my hand and official seal: fir' p� Notary Public 12/31/2002 13:09 9703523165 WOBB • • • RECISTR kTION STATEMENT FOR REGjsTBAIRIN AS A REGISTERED LIMITED LTAATI,ITy PARTNERSTOP OR A REGISTERED LIMITED LIABILITY LIMITED PARTNERsmP Form 525 Revised July 1, 2002 Filing fee: $50.00 Dclives hi: Colorado Secretary or State Business Division, 1560 Broadway, Suite 200 Denver, Co 80202 5169 This document must be typed or machine pxiritcd. Copies of filed documents may be obtained at imm.9asystatestpius . PAGE 04/05 FREDsyystrokrogivsos trosE . �it • s 50200 SECRETARY OF STATE 12.3€ -- JU2 12:33:00 nnuvE beACE FOR OFFICE US ONLY Pursuant to § 7-60-144, Colorado Revised Statutes (C.R.S.), the individual named belS causes registration statement to be delivered to the Colorado Secretary of State for filing and states as follows: 1- The name of the partnership or limited partnership is: Wells Ranch L.P. 2. The name of the limited liability partnership or limited liability limited pp artnershi is: Wells Ranch LLLP • The jurisdiction of its formation (if other than Colorado) is: N/A • 4. The address of its principal office is: 32010 WCR 63, Gill, CO 80624 5. If the principal office of the registered limited liability partnership is not in Colorado, the name and street address of its Colorado registered agent for service of process is: N/A 6. The partnership* has approved this registration statement in the manner provided in its parnership agreement or, if not so provided, such statement has been approved by all of it's general partners. 7. The (a) name or names, and (b) mailing address or addresses, of any one or more of the individuals who cause this document to be delivered for filing, and to whom the Secretary of State may deliver notice if filing of this document is refused, are: Steven T. Wells, 32010 WCR 63, Gill, CO 80624 * As used in this statement, partnership refers to a general partnership limited partnership fanned 1u Coloiddo or a or a ip p foreign limited liability partnership or limited liability limited partnership formed and registered in a jurisdiction other than Colorado. If formed in Colorado, a l=imited partnership must first or simultaneously file a Certificate of Limited Partnership. p • OPTIONAL: The electronic mail and/or Internet address for this entity is/are: •e-mail: .� Web site The Colorado Secretary of State may contact the following authorized person regarding this document: Jeffrey T. fedingfield, 822 7th Street, Suite 760, Grceloy, CO 80631 voice: (970) 3524161; fax: (970) 352-3165; e-mail: jbedingfield@wobb-llp.com • • %. '= Pt 1TER UPDATE t;OMPI R.IR Received 12-31-2002 12:01 From -9703523165 To -Colorado Secretary o Page 004 12/31/2002 13:09 9703523165 • . . l WOBB CERTDICATE OF LIMITED PARTNERSHIP Form 500 Revised July 1, 2002 Filing fee: $50.00 D 1ivw to: Colorado Secretary of State Business Division, 1560 Broadway, Suite 200 Denver, CO 80202-5169 This document must be typed ox machine printed Copies of filed documents may be obtained at yv-w.sos.sjtat.cu, us . • PAGE 02/05 FILED DONEITA DAVIDSON COLORADO SECRETARY • STATL ('00213635'13 C S 50400 SECRETARY OOF STATE 12-31-2002 12:33:00 ABOVE SPACE FOR 'Nina USE ONLY Pursuant to § 7-52-201, Colorado Revised Statutes (C.R.S), the individual named below causes this Certificate of Limited Partnership to be delivered to the Colorado Secretary of State for Ailing, and states as follows: 1. The name of the Limited Partnership is: Wells Ranch L.P. a. The partnership is converted fin a domestic limited pa ership from a gcncrat partnership. The partnership's former name was Wells Ranch Partnership. c. The vote by the partners for conversion to a limited partnership and for registering g as a limited liability partnership was unanimous. 2, The street address of the limited partnership's registered office in Colorado is: b. partner. • • • 32010 WCR 63, Gill, CO 80624 and the name of the registered agent at such address is: Steven T. Wells 3. There arc at least two (2) partners in the partnership, at least one(1)of whom is a li "tep limited • 4. The name and business, l esideuce or mailing address of each general partner is: NAME ADDRESS • Steven T. Wells 32010 WCR 63, Gill, CO 80624 5. The (a) nine or names, and (b) mailing address or addresses, of any one or more of the individuals who cause this document to be delivered for filing, and to whom the Secretary of e may deliver notice if Slat t filing of this document is refused, are: Stcvcn T. Wells, .32010 WCR 63, Ctll, CO 80624 OPTIONAL: The electronic mail and/or Internet address for this entity is/are: e mail: Web site _ • The Colorado Secretary of State may contact the following anthorized person regarding this document: Jeffrey T. Bedingfield, �' g g d, 822 7th Street, Suite 760, Greeley, COCCU R(.1631 voice: (970) 352-3161; fax: (970) 352-3165; e-mail: ibedingleid@wobb-llp.cnn 4 nOmPoTER UPDATE OOM PLC PS • Received 12-31-2002 12:01 From -9703523165 To -Colorado Secretary o Pare 002 4867182 11/16/2022 08:06 Total Pages: 4 Rec Fee: $28:00 Car..ly...Koppes .-. Clerk and .Recorder, Weld County, PREPARED BY AND • WHEN RECORDED RETURN TO: CO Land Acquisitions, LLC 1724 Gilpin Street • Denver, CO 80218 (Space above this line for Recorder's use only) EM RANDUM SOLAR :EN LEASE AGREEMENT. .. v.»....wM.c....ia.v.,....-.r.'>)3XCCt1k.'RPV4dS9xi'iifr'Xd3F SOLAR ....... ....... .u.F. u.4 u .....,. .. ... /17XNVkYnY.rJ1,1LIPii�. THIS .MEMORANDUM OF SOLAR ENERGY LEASE AGREEMENT (this "Short Form ) is.. made September 20, 2022 (the "Effective Date" by and between WELLS RANCH LLLP, a Colorado limited liability limited partnership With an address of 2010 \ R 63, GILL, CO 80624 ("Landlord" and • CO LAND ACQUISITIONS LLC, a Colorado limited liability company, with an address at 1724 Gilpin Street, Denver., CO 80218 ("Tenant"). 1. Lease. Landlord and Tenant have executed a Solar Energy Lease Agreement (the "Leas.' ) dated as of the Effective Date, by which Landlord leases to Tenant and Tenant leases from . Landlord, the real property (the "Leased Premises") located in Weld. County Colorado, and more particularly described on Exhibit A attached hereto and incorporated by reference. . 2. . The Lease consists of two term periods, described as follows: The "Development Tom' commences on the Effective Date and ends on the sooner to occur of i years after the Effective Date, or (ii) the date on which the Operations Term (defined below) commences for any portion or portions of the Leased Premises for each Solar Energy System construction n cycle that achieves a commercial operations date and increases the generation capacity by more than onesihundred 100 kW on the Leased Premises and any contiguous parcels (b) The "Operations Term" is a 21 year term for the portion or portions of the Leased Premises that automatically commences on the commercial operations date. Tenant will have the option and right to extend the Operations Term for up to 2 successive and continuous year periods [Remainder ofpage intentionally left blank; signature pages tofollow] o 4867182 11 /16/2022 08:06 Page .2..of 4 SIGNATURE PAGE TO MEMORANDUM OF SOLAR ENERGY LEASE IN WITNESS WHERE F, Landlord has executed this Short Form of Solar Energy Lease as of -the date ftt. set forth above! LANDLORD: • WELLS RANCH CLEF A Colorado -Limited Lia Ility Limited Partnership STATE OF COLORADO ss. COUNT..... . Short Form of Solar Energy Lease • Agreement was' .acknowledged before m by TNESS my bard and of a seal. SANDRA BUR -MACK! TARP Plait STATE OF COLORADO Notary :ID #20164017409 orttrnission Expires /1112024 Wham, Commission Expires: Notary Pub 1l 4867182 11 /16/2022 08:06 Page 3 o 4 SIGNATURE PAGE TO MEMORANDUM NDUM F SOLAR ENERGY LEASE IN WITNESS WHEREOF, Tenant has executed this bore Form of Solar Energy Lease as of the date first set forth above. WANT: COLAN ACQUISITIONS LLCI a Colorado limited liability cOmpany . • SunShare.Company Holdings LLC, Delaware limited liability company Manager • yCti3'f..x+S"f7:Y:V7. aY93H:nYi Name: Coma Its: Chief Operating Officer STATE.OF COLORADO CITY AND COUNTY OF DENVER Short .6 Solar Energy Lease Agreement was acknowledged before me -- on #;0. . _ ,a,..„.. by Carina K.umpe, Chief Operating Officer of SunShareCompany Holdings Ldings L.LC.,Manager of CO Land Acquisitions LLC.. WITH ES S•m hand arid official seal w CommissionExpires: Notary Public 10 KUEHL NOTARY PUBLIC STATE OF COLD NOTARY ID 20214021329 MMISSI0N JUNE 20 4.867.1.82... 11/16/202208:06 ..AM... Page 4 of 4 EXHIBIT TO MEMORANDUM OF SOLAR ENERGY LEASE AGREEMENT THE FOLLOWING REAL PROPERTY LOCATED IN THE COUNTY OF WELD, STATE COLORADO: LEGAL _DESCRIPTION AND MAP F I HIE PROPERTY SUBJECT TO THE LEASEHOLD ESTATE Legal Description: A portion of East Y2 of Section 31, Township 6 North, Range 63 West, of the 6th Principal Meridian, County of Weld, State of Colorado. Parcel Number 079 1100004 Lease Area: 60 acres as shown in the hashed area in the map below* Solar Energy Development and Operations Lease Agreement CONFIDENTIAL 'Wells Ranch LLLP—CO Land Acquisitions LLC (unShare); 19/2022 Page 1 o119 • Use by Special Review for a Solar Energy Facility Aquamarine Solar, LLC (Phase 1) & TBD Solar, LLC (Phase 2) Parcel ID N o . 07 9931100004 ALTERNATIVES STATEMENT Aquamarine Solar, LLC & TBD Solar, LLC selected this site after thoughtful consideration of the Weld County development standards and Xcel Solar Rewards Community Program requirements. Aquamarine Solar, LLC & TBD Solar, LLC are leasing this land from Wells Ranch, Steve Wells. This project is in the landowner's best interest, Mr. Wells, owner of the parcel, currently has this land as vacant rangeland ground as he does not own any water rights to produce any crops on. The payments generated from the leases will provide the landowner with diversified sources of income. In contrast to agricultural/ranching earnings, the payments generated by the solar leases will be regular, fixed payments, and will increase annually without fail. Solar is ultimately one of the best uses that the landowner could pursue in this area. Solar produces no pollutants or contaminants; making it safe for the surrounding mixed uses. Additionally, solar produces no noise pollution, no heavy traffic, and the system will be screened from the public, and therefore this use will not cause any nuisances. The project is not located within a residential neighborhood. Solar is not a permanent use either and the land will be returned to its current state after the system is retired. Even with solar present onsite, this project will still benefit the agricultural community of Weld County by serving as a grazing field for local sheep ranchers. Aquamarine Solar, LLC & TBD Solar, LLC are solely responsible for the management of all vegetation within the permitted area. Rather than mowing, should the landowner and Aquamarine Solar, LLC & TBD Solar, LLC decide to, we will work in partnership with a Weld County rancher, with whom we have a pre- existing relationship. The rancher's sheep will graze on the vegetation, providing his flock with a free food source while keeping the site pristine. During operations the land will lie fallow allowing time for soils to replenish nutrients and minerals. When the solar facility is removed the project area can be returned to farming. This use doesn't conflict with existing land use and is done with an eye toward improving future land use. Aquamarine Solar, LLC & TBD Solar, LLC develop solar facilities on land that produce the highest and best use and intends to leave the land in a better place than when the project began. As presented in this application, this project is in compliance with the Weld County is developed with a focus on good stewardship of the land and a neighborly spirit. Kristy Weyerman Project Development Manager Aquamarine Solar, LLC & TBD Solar; LLC Phone: 970-373-6323 E-MAIL: keyerman@mysunshare.com 1724 Gilpin Street, Denver, CO 80218 • info@mysunshare.com • 800.793.0786 • MYSSUNSHARE.COM Use by Special Review for a Solar Energy Facility Aquamarine Solar, LLC (Phase 1) & TBD Solar, LLC (Phase 2) Parcel ID No. 079931100004 DEVELOPMENT STANDARDS STATEMENT Aquamarine Solar, LLC & TBD Solar, LLC, are Colorado limited liability company, are pleased to present our application for a Use by Special Review for a Solar Energy Facility ("SEF") on property owned by Wells Ranch and located on Parcel ID No. 079931100004 in the NE/4; SE/4 of Section 31, Township 6 North, Range 63 West of the 6th P.M. in Weld County, CO. Aquamarine Solar, LLC is proposing a 5,000 kW AC (7,002 kW DC) SEF and TBD Solar, LLC is proposing a 5,000kW AC (7,002 kw DC) SEF both will occupy approximately 54.31 acres on the W/2SE/4 of the roughly 319 acre parcel. The current zoning on the parcel is Agricultural (A), however the parcel currently sits as vacant rangeland ground. This 10,000 kW -AC project will use standard photovoltaic technologies that have been proven safe and effective through deployment across the United States in thousands of utility or commercial -scale solar developments. The solar panels are mounted to single axis tracking arrays, which sit parallel to the ground and follow the path of the sun across the sky. The panels face east in the morning, lay flat at noon, and face west in the evening. The tracking arrays produce DC current, which is converted into AC current by inverters for synchronization and delivery of energy into the utility's distribution grid at a utility transformer. The modules utilize a non -reflective glass which eliminates glare concerns and all electrical cables on the improved area will be buried, except for the 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, switch yards, and circuits voltages greater than 34.5 kilovolts (where necessary.) There will be no permanent employees on site during operation, and maintenance visits are expected to occur quarterly on average. The appearance of the solar arrays is uniform and symmetrical. Solar panels will not exceed ten (10) feet in height above the grade, at maximum tilt. The facility will be constructed in accordance with IBC 2021 and NEC 2020 and will be surrounded by an 8' high game fence made of 4' X 4" reinforced mesh. All setbacks are in accordance with the development standards and are identified on T.100 of the Sketch Plan. Fence details are on page C.102 of the Sketch Plan. The landowners of adjacent parcels sharing borders with the project parcel will also be notified. Please see the enclosed Buffer Report and an example Neighboring Landowner Notice Letter for details. Aquamarine Solar, LLC & TBD Solar, LLC will use historic access for these SEFs off WCR 64 and will therefore need to cooperate with Weld County for traffic analysis and access permit. The access turns south off WCR 64 and is located approximately 0.60 miles west of the intersection WCR 64 and WCR 61. This access point has historically been used by the landowner for access to this field. A small road will be built and used as a shared access with the landowner. The entrance to the site will include a 25' wide all-weather access driveway with an acceptable alternative to a hammerhead turnaround. The project sites have no areas of extreme sloping and will not require any grading work. The SEFs will abide by all dust mitigation standards laid out by the County, as described in our Dust Mitigation 1724 Gilpin Street, Denver, CO 80218 ® info@mysunshare.com • 800.793.0786 • MYSUNSHARE.COM 1§Htitlprc 41111 010 itt„1/4 Plan. The soil of the project area is classified as Type A/B and may require the addition of a detention pond onsite to aid in runoff management. The project is not located within any FEMA designated Special Flood Hazard Areas. The Stormwater Management shall be addressed via the attached Surface Drainage Analysis. Conceptual design details can be found in the enclosed Sketch Plan. The operational life of an SEF is generally between 20-40 years. The SEF has an initial 20 -year contract with Public Service Company of Colorado (Xcel) to sell power into the Xcel Electric grid, and the major equipment components have warranty options for up to 30 years, with a useful life of 35-40 years. Upon decommissioning, Aquamarine Solar, LLC & TBD Solar, LLC will entirely remove all SEF components (fencing, steel racking, cabling, solar panels, and associated interconnection equipment) and undertake measures to restore the land to its original state, as addressed in the attached Decommissioning Plan. Aquamarine Solar, LLC & TBD Solar, LLC will obtain all required permits and approvals, including utility interconnection agreements, prior to commencing construction. The project engineers and general contractor will be made up of local experienced individuals licensed in Colorado, who will ensure that all required codes and standards are followed throughout the design and construction. The project will comply with all applicable provisions in the Weld County Code. Aquamarine Solar, LLC & TBD Solar, LLC looks forward to working with Weld County to successfully complete this proposed development and bring the benefits of community solar energy to the County. 1724 Gilpin Street, Denver, CO 80218 ® info@mysunshare.com • 800.793.0786 • MYSUNSHARE.COM a Sur Share COMWONITY 5OIA.L Use by Special Review for a Solar Energy Facility Aquamarine Solar, LLC & TBD Solar, LLC (Phase 1) & TBD Solar, LLC (Phase 2) Parcel ID No. 079931100004 STATEMENT OF TRANSPORTATION CONSTRUCTION IMPACTS In partial fulfillment of Weld County's USR application requirements, this Traffic Narrative has been prepared for the proposed Solar Facilities located along WCR 64, west the intersection of WCR 64 and WCR 61 (the Project). This narrative is intended to provide traffic -related information and identify potential Project impacts to affected roadways within Weld County. The following information is included in this narrative: • Project Location, Components and Construction Schedule • Designated Travel Route • Daily Vehicle Trip Generation • Conclusions Project Location, Components and Construction Schedule Location - The Projects will occupy approximately 54.31 acres (within Weld County Parcel No. 079931100004) located off WCR 64, west of the intersection of WCR 64 and WCR 61, in a portion of the W2NE4 in Section 31, Township 6N, Range 63W. Components - The Projects generally includes (total for both phases): 10 -megawatt (MVV) alternating (AC) or 14 MW (DC) solar energy conversion system comprised of 20,230 tracker solar modules mounted on steel I -beams for each phase; concrete pad -mounted transformer and interconnect; inverters mounted at the end of array rows; an access drive with room for emergency turn around; and perimeter fence with gate. Construction Schedule — Once the use by special review permit is finalized, the construction phase is anticipated to take approximately one hundred & nine (109) days. Based on this, the following preliminary schedule has been prepared for each phase: • Solar Facility Components First Deliver • Perimeter Fence Installation • Solar Panel Foundation Installation • Racking, Trenching, Wiring • Solar Panel Installation • Inspection & Set Meters • System Testing & Commissioning Designated Travel Route Day 1 Day 1 to Day 11 Day 5 to Day 30 Day 30 to Day 64 Day 64 to Day 94 Day 94 to Day 99 Day 99 to Day 109 The designated travel route includes State Highway 392 to WCR 59, south approximately 2 miles, then east onto WCR 64 for approximately 1.6 miles, then south into location. The following is a brief description of the access route roadways. 1724 Gilpin Street, Denver, CO 80218 ® info@mysunshare.com • 800.793.0786 • MYSUNSHARE.COM 41111 010 itt„1/4 Both State Highway 392 and WCR 59 are paved roadways with State Highway 392 at a posted speed of 65 mph and WCR 59 posted speed of 55 mph. WCR 64 is a gravel road with a posted speed of 55 mph. At the access into the location is a historical access used by the landowner. Project -related traffic is not expected to impact on the area. Daily Vehicle Trip Generation and Distribution Project development may be divided into the following 3 phases: material and equipment delivery; facility construction; and facility maintenance). The following Table 1 illustrates the estimated average daily trip generation by vehicle type for each Project phase. Table 1— Vehicle Trip Generation Project Phase (Time) Vehicle Type Estimated Gross Vehicle Weight Number of Vehicles Per Day Maximum and Average Vehicle Trips Per Day Equipment (approx. Material and Delivery 1 week) ConexContainerand Delivery Trucks 30,000-50,000 lbs. 5-10 10-20 Equipment Hauling Trucks 20,000-40,000 lbs. 0-2 0-4 Max —14/Ave - 8 Solar Facility Installation (3-4 months) Passenger Vehicles 2,000 to 10,000 lbs. 5-12 10-24 Fuel Truck 20,000 to 30,000 lbs. 1 2 Material Delivery Truck 20,000 to 30,000 lbs. 1 2 Max — 28/Ave - 20 Operations (ongoing once operational) Utility Vehicle (Pickup Truck) 2,000 to 10,000 lbs. 1 per month or less Max — 2/Ave - 0 As illustrated in Table 1, the majority of traffic generated as a result of solar facility installation shall occur during the 3 -4 -month solar facility installation (max 28/ave 20vtpd). This traffic will generally be site worker passenger vehicles. Most of the heavy truck traffic including conex container delivery (30- 50 conex containers/delivery trucks) and equipment (rubber tire loader, pile driver, forklift) delivery and pickup will travel to and from the Project between 8:00 AM and 4:30PM. Project -related traffic during all phases will not be significant during AM and PM peak periods. Conclusions 1. The Projects are expected to generate up to 24 vehicle trips per day during material and equipment delivery (anticipated to be one week at the beginning of the project and one week at the end of the project), 24 vehicle trips per day during solar facility installation (3-4 months) and 2 vehicle trips per month during solar facility operation. 2. Daily Project -related truck traffic is not expected to impact AM and PM peak traffic periods. The construction of the Project should not negatively impact the transportation pattern in the area. 3. As proposed, the solar facility installation (material/equipment delivery approximately 1 - week, solar facility installation approximately 3 months and approximately once per month for solar facility operations) is not anticipated to create adverse traffic -related impacts in the area or on Weld County roads. Based on anticipated vehicle type and weight (from Table 1), the Project is not anticipated to degrade/damage Weld County roads. 1724 Gilpin Street, Denver, CO 80218 ® info@mysunshare.com • 800.793.0786 • MYSUNSHARE.COM a Sur Share COMWONITY 5OIA.L 4. There are no anticipated improvements required to any Weld County roads in order to serve the Project, since after the construction period, the facility is unmanned. Aquamarine Solar, LLC & TBD Solar, LLC agree to mitigate construction traffic impacts to the area surrounding the proposed Solar Energy Facility. 1724 Gilpin Street, Denver, CO 80218 ® info@mysunshare.com • 800.793.0786 • MYSUNSHARE.COM Decommissioning/Reclamation Plan For a USR Permit Aquamarine Solar, LLC (Phase 1) & TBD Solar, LLC (Phase 2) In Compliance with: (Section 23-4-1030 B of the Weld County Code) Case Number: TBD Wells Ranch (Parcel ID No. 079931100004) Prepared for: Weld County Department of Planning Services 1555 North 17t" Avenue Greeley, CO 80631 Prepared by: Aquamarine Solar, LLC & TBD Solar, LLC Denver, Colorado 4vie I SunShare COMMUNITY SOLAR Date Prepared: November 9, 2023 1.0 Overview As a condition of approval for the Site -Specific Development Plan and Use by Special Review (USR) permit, Weld County required that Aquamarine Solar, LLC & TBD Solar, LLC prepared a Decommissioning/Reclamation Plan for the solar facilities, that is to be reviewed and approved by the Weld County Department of Planning Services. The intent of this Decommissioning/Reclamation Plan is to provide a comprehensive plan for removal of the solar facilities after its useful life and/or the termination of power generation operations; and to return the subject property to conditions that existed prior to the solar facility's construction. The solar power generation facilities have an estimated useful life of 30 years or more, with an opportunity for a life of 50 years or more with equipment replacement and repowering. At the end of the useful life of the facilities, Aquamarine Solar, LLC & TBD Solar, LLC will cease power generation, decommission the facilities, and remove the components of the facilities from the subject property. The site will be reclaimed and returned to the agricultural use that existed prior to the facilities being constructed (or if the landowner requests to keep the land and access roads as is). This Decommissioning/Reclamation Plan is subject to refinement should future best practices or alternate methods be developed by the solar industry, during the life of these facilities. Aquamarine Solar, LLC & TBD Solar, LLC will follow solar industry standards and best management practices (BMPs) that exist at the time of decommissioning and reclamation of the site. 1.1 Procedures for Decommissioning the Solar Facilities After Useful Life & Termination of Power Generation The solar facilities consist of numerous recyclable materials, including glass, semiconductor material, steel, aluminum, copper, and plastics. When the facilities reach the end of its operational life, the component parts can be dismantled, and for the most part, salvaged or recycled at properly licensed facilities. Some site features, such as internal roads, driveways, drainage features/improvements, and electrical interconnections may remain on the site, depending upon the anticipated future use of the property. All such improvements, that are scheduled to remain after the decommissioning of the site, will be approved by the Weld County Department of Planning Services. The following steps will be followed in the decommissioning of the solar facilities: ■ Approximately one year prior to the planned decommissioning of the facilities, Aquamarine Solar, LLC & TBD Solar, LLC will schedule a pre -closure meeting with the Weld County Department of Planning Services to discuss the process for the site decommissioning and restoration. The final decommissioning details will be developed through consultation with the Weld County Department of Planning Services and other departments and agencies that have jurisdiction over activities in the decommissioning process. Any required permits will be obtained prior to implementation of the Decommissioning/Reclamation Plan. ■ Appropriate temporary (construction -related) erosion and sedimentation controlled BMPs will be applied during the decommissioning phase of the project. The BMPs will be inspected on a regular basis to ensure proper functionality. ■ Per 23-4-1030.4b: Effectively, the decommissioning of the solar facilities proceeds in reverse order of the installation including all installed equipment will be removed at least three (3) feet below grade: 1. A site -specific health and safety plan shall be developed, prior to beginning decommissioning activities, which incorporates the specific sequence and procedures to be followed. 2. Coordination with local departments and agencies to develop route plans and obtain necessary permits for the transportation of materials and equipment to and from the site. 3. The solar facilities shall be disconnected from the utility grid. This process will be coordinated with Xcel Energy. 4. PV modules shall be disconnected, collected, and transported to a properly licensed recycling facility. 5. Above ground and underground electrical interconnection and distribution cabling shall be removed and salvaged or recycled off -site at an approved recycling facility. 6. The aluminum racking that supports the PV modules shall be removed and salvaged or recycled off -site at an approved recycling facility. 7. PV module support steel and support posts shall be removed and salvaged or recycled off -site at an approved recycling facility. 8. Electrical and electronic devices, including transformers, semiconductors materials, inverters, and batteries, shall be removed and salvaged or recycled off -site at an approved recycling facility. 9. Concrete foundations shall be removed and will be recycled off -site at an approved concrete recycling facility. 10. Fencing shall be removed and will be recycled off -site at an approved recycling facility. 11. The site will be restored to its original condition (or if the landowner requests to keep the land and access roads as is), including any necessary sculpting of soils to match existing natural contours and the re -seeding of native grasses. Any soil that had been re -located for construction purposes will be redistributed on the site or used for landscaping purposes. Soils will be compacted for those areas where foundations or piers have been removed. 1.2 Equipment to be Used for the Decommissioning of the Solar Facilities The decommissioning of the solar facilities will be undertaken using traditional heavy construction equipment, including front-end loaders, bull dozers, cranes, excavators (track- mounted and rubber -tired), water tankers, trucks, and pick-ups. Semi -trucks will be used to transport materials to off -site salvage or recycle centers. 1.3 Dust Mitigation During the Decommissioning Phase Water tankers will be used to help control dust while the decommissioning activities are occurring on the site. During the decommissioning of the facilities, Aquamarine Solar, LLC & TBD Solar, LLC will exercise BMPs to limit fugitive dust from being airborne and traveling beyond the property lines. Dust control efforts will be monitored by the site foreman on a regular basis to ensure fugitive dust is adequately controlled. Water spray will be applied, as needed, to unpaved areas during periods of dry weather. Care will be taken not to over -apply water and create mud. Vehicle tracking devices will be installed at truck exit drives, per the requirements of Weld County. Vehicles operating on the site during the decommissioning phase will limit their speed to 15 mph or less, to minimize dust emissions. 1.4 Decommissioning/Reclamation Cost Estimates Decommissioning/reclamation cost estimates, which shall be updated every five (5) years from the establishment and submittal of the Security, shall include all costs associated with the dismantlement, recycling, and safe disposal of facilities components and site reclamation activities, including the following elements: Decommissioning: Fencing Structures Modules Electrical Site Restoration $3,000.00 $60,000.00 $30,000.00 $20,000.00 $25,000.00 Total $138,000.00 Clarifications — Inclusions and Exclusions 1. Based on project drawings provided. 2. Includes the specified appropriate project management and mobilization to adhere to the project schedule. 3. Breakouts are provided for accounting purposes only. 4. All work is to be done in a single phase. 5. Includes recycling of steel, aluminum, modules, and copper. 6. Includes restoration of the site back to like conditions before the solar array was installed. Scope specifically includes: 1. Electrical permit fees included. 2. Removal and disposal of game fence. 3. Removal of racking support structure and foundations. 4. Module removal, packaging, and recycling. 5. Removal of electrical distribution equipment, transformers, and electrical equipment pads. 6. Removal of electrical DC string wiring and AC underground. 7. Site restoration. 8. Safety and protection as required. Waste disposal fees and containers. 9. Temporary Restrooms and site facilities for workers. Specifically excludes: 1. Payment and Performance Bond. 2. All utility specific tie in work to disconnect the site outside of property. 3. Engineering, fees, errors, omissions additional design intent not clearly delivered or identified on the referenced drawings. 4. Import or export of soils. 1.5 Financial Assurance to Cover the Decommissioning of the Solar Facilities In the Board of County Commissioners' Resolution dated rDate TBD1 , 2023, the Board requires Aquamarine Solar, LLC & TBD Solar, LLC to provide financial assurance to the County in the form of a surety bond, in an amount established by the Director of the Department of Planning Services, to ensure proper decommissioning of the facilities. The surety bond is to name the Board of County Commissioners of Weld County as beneficiary and be current and active at all times during the life of the permit. The required surety bond will be provided as part of this Decommissioning/Reclamation Plan. Weld County shall have the right to draw upon the irrevocable standby letter of credit, or other form of financial security, to pay for decommissioning in the event that the holder has not commenced decommissioning/reclamation activities within ninety (90) days of the Board of County Commissioners' order or resolution directing decommissioning/reclamation. Prepared by: Kristy Weyerman Project Development Manager 41111 010 • • Aquamarine Solar, LLC Drainage Narrative Exemption Memo PID 079931100004 Per Weld County Code, Section 8-11-40.1.. an exception is sought for this project. The proposed Aquamarine Solar project includes the development of an 8,003kW DC solar array system within a fenced area of 13.39 acres. The site is located east of intersection CR 64 and CR61 and owned by Wells Ranch. The existing site is solely vacant land with no significant drainage features and ground slopes below 2%. Proposed improvements to the project include the installation of a perimeter security fence, solar array mounted on driven steel piers, inverter equipment, and access road to said inverter equipment. The project access will connect via standard driveway connection off CR64. No below grade drainage features are expected to be installed for the proposed project. Proposed at grade stormwater and water quality controls will be per requirements set by Urban Storm Drainage Criteria Manual. No significant grading is expected for the proposed project. Runoff enters the site from the north/northeast and flows through the site to the south/southeast. The area immediately upstream of the site is an open field to the east. No previous drainage issues with the site have been presented. The project is comprised of an area that includes only hydrologic soil groups A and B. See figure 1 below for information taken from the NRCS website for the proposed project area. Figure 1: Aquamarine Solar Soil Hydrological Group Weld County, CO Tax Parcel Bwndory S&•URGO SExi trittikegal Group Pro)ect Fenade)e Group A Grwo B RaM.oac IMMt NRC2):BSt ESNs (.'Y14' Mal Con 94 4) 1724 Gilpin Street, Denver, CO 80218 ® info@mysunsharecom • 800.793.0786 • MYSUNSHARE.COM 1 Sur Share CGMWVNITY 5?IA.L Dust and Weed Mitigation Plan For a Solar Facility Aquamarine Solar, LLC (Phase 1) & TBD Solar, LLC (Phase 2) In Compliance with: (Section 23-4-1030 H of the Weld County Code) Case Number: USR - TBD Wells Ranch (Parcel ID 079931100004) Prepared for: Weld County Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 Prepared by: Aquamarine Solar, LLC & TBD Solar, LLC Denver, Colorado 1§49950ffet Date Prepared: November 9, 2023 1.0 Overview As a condition of approval for the Site -Specific Development Plan and Use By Special Review, Weld County required that Aquamarine Solar, LLC & TBD Solar, LLC prepare a Dust and Weed Mitigation Plan for the solar facility, that is to be reviewed and approved by the Weld County Department of Planning Services. The intent of this Dust and Weed Mitigation Plan is to provide a comprehensive plan for control of dust, noxious weeds, and any drainage issues that could cause erosion from the solar facility. 1.1 Dust Mitigation During the Construction Phase Water tankers will be used to help control dust while the construction activities are occurring on the site. During the construction of the facility, Aquamarine Solar, LLC & TBD Solar, LLC will exercise Best Management Practices (BMPs) to limit fugitive dust from being airborne and traveling beyond the property lines. Dust control efforts will be monitored by the site foreman on a regular basis to ensure fugitive dust is adequately controlled. Water spray will be applied, as needed, to unpaved areas during periods of dry weather. Care will be taken not to over -apply water and create mud. Vehicle tracking devices will be installed at truck exit drives, per the requirements of Weld County. Vehicles operating on the site during the construction phase will limit their speed to 15 mph or less, to minimize dust emissions. 1.2 Noxious Weed Management The Colorado Department of Agriculture (CDA) and Weld County both require landowners to prevent the spread of State Listed Noxious Weeds. Construction activities on the site have the potential to introduce new noxious weed species to the site or spread existing species on to or off the site. This noxious weed management program was developed to prevent further spread of noxious weeds. Aquamarine Solar, LLC & TBD Solar, LLC will comply with CDA and Weld County regulations through implementation of this plan. Periodic reviews and updates to this plan will be completed as necessary to keep it current with noxious weed control issues. This plan will be implemented throughout the life of the solar facility. Appropriate management actions will be implemented whenever noxious weed species are observed growing within the project area. The goals of weed management are to: 1. Identify and manage noxious weeds within and immediately adjacent to the project areas to be disturbed and after the area has been reclaimed. 2. Conduct pre-treatment and post -treatment evaluations and continue or modify treatment measures as necessary. 3. Minimize the potential for transportation and importation of noxious weed species. 4. Educate field personnel in order to encourage compliance with weed management program goals and assist with identification and control efforts. To prevent or minimize the infestation and spread periodic inspections of the project area during the beginning, middle, and end of the growing season will evaluate presence or absence, degree of invasion, and the response of previous treatments. Aquamarine Solar, LLC & TBD Solar, LLC's operational staff will conduct regular site inspections and ensure implementation of this plan. Specific treatment methodologies and timetables will be developed based on species of concern, location and extent of the infestation(s), and other pertinent factors. 1.2 (a) Noxious Weed Prevention Noxious weeds are spread through dispersal of seed and/or transport of plant propagules (i.e., spores, seeds, roots, etc.). The most effective way to control noxious weeds is to prevent their introduction into the site in the first place. A combination of methods and practices will be employed to prevent the introduction of weed species and their regeneration within the project area. The following methods and practices may be employed, either singly or in combination, to prevent the introduction of weeds into the solar site: 1. A thorough cleaning of equipment will be conducted before entering the project area to prevent the introduction of seed and plant propagules from other sites. 2. Seed mixtures used for revegetation or temporary site stabilization will be free of noxious weeds. 3. Hay, straw, and/or other materials used for mulch or other purposes will be certified weed free. 4. A periodic inspection will be conducted to identify any new weed infestations that may have occurred. Any new infestations will be scheduled for management before they become well established and/or spread. 5. Communication and coordination with adjacent landowners whose property is infested with noxious weeds that may threaten the site should occur. Establishing partnerships for weed management within the local area is essential for successful long-term weed management. 6. Noxious and pest weed infestations that threaten natural and reclaimed areas will be treated with accepted Integrated Weed Management (IWM) methods. These methods are further discussed below. 1.2(b) Integrated Weed Management (IWM) An Integrated Weed Management approach will be implemented for the treatment of noxious weeds within the project area. An IWM approach enables selection of one or more weed management methods based on site specific environmental conditions and control needs. The following weed management methods will be considered for the project area: 1. Cultural — Planting native or desirable plant species for site colonization and promoting healthy vegetation communities in reclaimed areas. Prevent unnecessary disturbance through precise planning of construction projects and other activities. Prompt revegetation of disturbed areas. 2. Mechanical — Mowing, pulling, disking, and plowing may be used on weedy species for which these treatments are effective. 3. Biological — Introduction of insects or other biologic agents which are known to inhibit or prevent reproduction of noxious weed species. If biological agents are employed, control methods will be coordinated with the Colorado Department of Agricultural Insectary in Palisade, Colorado. 4. Chemical — Application of appropriate herbicides by a licensed applicator. All herbicides will be applied in accordance with the manufacturer's label and in accordance with Colorado laws. In some cases, only one control method may be warranted, while in other cases a combination of control methods may be appropriate. Control methods selected will be dependent upon species of concern, and the location and extent of the infestation. The use of IWM methods will protect pollinators, reduce hazards to wildlife, reduce the possibility of herbicide resistance, and minimize persistence and mobility of herbicides in the soil. Weed control methods and practices will be applied in a manner that conforms to applicable federal, state, and local laws. 1.2(b)1 - Cultural Control Germination and establishment of noxious weeds can be reduced by following accepted revegetation and vegetation management techniques that favor the growth of desirable plants. These include prompt seeding and revegetation of disturbed areas with appropriate seed mixes, maintaining optimum fertility and moisture levels, planting at optimum density of pure live seed, minimizing use of fertilizers, and selecting suitable species for revegetation. Minimizing areas of disturbance and exposed soil prevents opportunities for aggressive species to establish. A revegetation plan has been developed for the site that utilizes native species that are well- adapted to the site. Seeding native species in conjunction with other management practices will provide some level of competition with noxious weeds and minimize the opportunity for new infestations to become established. 1.2 (b) 2 - Mechanical Control Mechanical Control of noxious weeds can be an effective tool to physically disrupt noxious weed growth and seed development. A combination of mechanical methods may be used including tilling or disking, mowing, hand-held weed trimmers, mulching, hand -pulling, hoeing, or livestock grazing. Mechanical weed control practices must be applied with correct timing to maximize their effectiveness in preventing vegetation development or seed production. Annual weedy species may be readily controlled with mowing or physical removal. Perennial species such as Dalmatian toadflax have extensive root systems. For such weed species, mowing may only control seed production without seriously affecting the plant's survival. Mowing after seed production has occurred may spread the plants. Disking or tilling areas containing perennial noxious species may increase the area of infestation due to root sprouting. In most cases, mechanical control methods used alone are not effective against noxious weed species. 1.2 (b) 3 - Biological Control Biological control of noxious weeds can be an effective tool to physically disrupt plant growth and seed development. A combination of biological methods may be used including introduction of insect weed predators and species -specific plant diseases. Biological weed control methods and practices will be applied with appropriate timing to maximize their effectiveness in preventing seed production. It must be noted that the use of biological controls normally does not eradicate an infestation of weeds; rather they are capable of reducing weed species vigor and reproduction. The Colorado Department of Agriculture's Biological Pest Control Program has on -going biological control programs for several noxious weed species. Note, the use of insect bio-controls typically require large populations of the target weed to sustain the population of bio-control agents. Biological controls should not be expected to eliminate the entire infestation of a noxious weed, but instead to bring the infestation down to a more manageable level. 1.2 (b) 4 - Chemical Control Chemical control of noxious and pest weeds can be an effective tool to disrupt plant growth and seed development. Herbicides can kill targeted species, prevent development and/or germination of noxious weed seed, can be used with minimal disturbance to soils, and in some cases, can be selective to specific species or groups of plants. Herbicides must be applied at the appropriate time to maximize their effectiveness in preventing seed production, for disrupting plant establishment and growth, or achieving kill of noxious species. To avoid development of resistance to a particular herbicide through repeated use over prolonged periods of time, herbicides with varying modes of action to be used. Also, herbicides will be applied according to manufacturer's label recommendations (i.e., application rate, method, and timing) to prevent development of plant resistance. Herbicide selection will be based on weed emergence, timing of application, past applications, and ground and weather conditions during the applications. Successful IWM begins with an understanding of the target plant species and the environment within which it grows. Next, the physiologic effects of an herbicide on plant growth and development must be understood. Understanding a pesticide's chemical nature is also important in minimizing impacts to non -target species, the applicator, endangered species, and pollinators, as well as surface water runoff hazards and leaching into groundwater. Every herbicide label contains information regarding environmental hazards. This information will be evaluated for each herbicide considered for use at the site and herbicides will be selected which pose minimal to no environmental hazards. All pesticides will be handled with care and applied by qualified personnel. Properly identifying the weed problem and the most effective chemical control method for use during the plant growth cycle is critical to effective weed control. Equipment will be properly calibrated before herbicides are applied and appropriate Personal Protective Equipment (PPE) will be used. Empty containers will be disposed of promptly, safely and in accordance with product labeling. Herbicides vary in the amount of time after an application before it is safe to re-enter the treated area without protective clothing and equipment. The site re-entry time is affected by the rate of application, size of the area treated and the amount of time to be spent in the field. For the safety of employees and contractors, the Restricted Entry Interval (REI) listed on the herbicide's label will be followed. Appropriate herbicide application records will be maintained as specified by the CDA. 1.2 (c) — Monitoring and Follow -Up Even with effective weed management strategies, it often takes several seasons to eradicate or bring weed populations to an acceptable level. With well -established infestations, it is likely that a seed bank has developed in the soil capable of producing new plants for many years. An infestation of weeds can easily re -invade treated areas in one growing season if control and treatment activities are prematurely curtailed. Weed management efforts should be carried out over an adequate number of growing seasons to realize effective weed management within the target area. As with all weed management, this multi -season effort is best served by effective documentation of control efforts and continued vigilance in successive seasons of management. Information can be used to modify treatment priorities and weed management strategies over time. Vigilance is required against new infestations that may be moving into the site. These new sources of infestation may be worked into prevention and management plans as necessary. This weed management plan will be modified over time as site conditions change. Weed management strategies and priorities can be modified as weed infestations change in response to continued control efforts. 1.3 — Drainage and Erosion Control Installation of the solar facility will not alter existing drainage patterns or flow rates on the site and runoff water quality will not be impacted by the solar facility components. Installation of water quality or detention facilities would require clearing, grubbing, grading, and reseeding of a portion of the site and would likely increase the potential for erosion, sediment transport and concentrated flow. Accordingly, water quality and detention are not recommended for this project. Appropriate temporary (construction -related) erosion and sedimentation control Best Management Practices (BMPs) will be applied during the construction phase of the project. The BMPs will be inspected on a regular basis to ensure proper functionality. Prepared by: Kristy Weyerman Project Development Manager Use by Special Review for a Solar Energy Facility Aquamarine Solar, LLC (Phase 1) & TBD Solar, LLC (Phase 2) Parcel ID No. 079931100004 FENCING PLAN Aquamarine Solar, LLC & TBD Solar, LLC propose two SEF's that will encroach within Weld County's 500- foot setback from any residences. There is one parcel that has a residential building within 500 feet of the proposed SEF area. Aquamarine Solar, LLC & TBD Solar, LLC propose the following fencing plan for the purposes of visual mitigation: A six-foot tall, offset -picket composite privacy fence at the northeast corner of the proposed TBD Solar, LLC SEF site. The proposed fence is a composite fencing rather than wood due to its increased durability. Additionally, the offset -picket design will provide opaque screening while also allowing wind to pass through (and therefore mitigating potential hazardous situations that could arise during high winds). This fence is proposed in addition to the security fence running the entire perimeter of the project. Please see the fencing plan and additional fence details on the next page. Gilcrest Solar, LLC has used this exact method of screening for our Gilcrest V SEF, also in Weld County, to great success. 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A KNC XPAD LOCK WILL DE PLKED ON chApc GATE OR KNOX 6O$'MTh GATE AC€E55 KEYS WU SZ MOWCIED A" THE MMMN t1JRRAMCX !fOIR FIRE DEPARTPARJF ACCESS. I WILDUFt AND SCIILtNIMG Etta INT£GF.AITON WILL sob A PCS! 9:tti tN tttlfr FOOT W1L0LMP et 4 LNCt It fta& mOo!1 V-IttLDr PMG wet Orange line = Possible Fence Screening 4 IYPICAt WOW FBCE. SCRERONG OR LIKE 1,RISWI4JTE • s�TnShare COMMUNITYSOLAR 1724 Gilpin Street, Denver, CO 80218 info@mysunshare.com • 800.793.0786 • MVSUNSHARE.COM Use by Special Review for a Solar Energy Facility Aquamarine Solar, LLC (Phase 1) & TBD Solar, LLC (Phase 2) Parcel ID No. 079931100004 FLOODPLAIN IMPACT STATEMENT There are no FEMA designated Special Flood Hazard Areas (SFHA) existing on the subject property, PID no. 079931100004. Therefore, no Floodplain Impact Statement is required. Please see the Weld County Assessor Map below. i i066 FHDPI5-0066 FHDP-811 100 Year A Du `'tear A P.Ir SW 1724 Gilpin Street, Denver, CO 80218 ® info@mysunshare.com • 800.793.0786 • MYSUNSHARE.COM 'SuShare COMWrONITY 5OIA.L Use by Special Review - Solar Energy Facility Aquamarine Solar, LLC (Phase 1) & TBD Solar, LLC (Phase 2) PID 079931100004 Landscaping & Screening Plan Seed mix: TURF mix BRAND 'Es EE GREELEY, COLORADO BullS Brand Low Grow Mix 2023 A mixture of lower maintenance cool season grasses that establish well in cooler areas below 8000 ft. elevation. The lower growth habit of the grasses lends itself to infrequent or no mowing. Well -suited for erosion control and transition turf areas. 303/4 Crested Wheatgrass, Ephraim 250%o Intermediate Ryegrass, VNS 20Wo Sheep Fescue, VNS 15%/o Chewings Fescue, VNS 1043/0 Forage Bluegrass, Ginger 101 East C Street Rosd Drill Seeding Rate 20-25 lbs. per acre Broadcast Seeding Rate 30-35 lbs. per acre Small Areas: 1-21bs. per 1000 sq. ft. Available in S0 Ib., 25 lb., and 5 lb. bags Not tine Sdggest _ _ . _ _ Sirs unit, r f, F Scst fr Orsslay. CO 50831 970 3.56-4710 office infoebuKolnbrandseec1_corn 970.356- 1 267 fix 1724 Gilpin Street, Denver, CO 80218 • info@mysunshare.com • 800.793.0786 • MYSUNSHARE.COM „AT, ISunShare COMMUNITY SOLAR FOR COMMERCIAL OR INDUSTRIAL BUILDINGS, PLEASE COMPLETE THE FOLLOWING INFORMATION: Business Name: Address: Business Owner: Home Address: Aquamarine Solar, LLC 1724 Gilpin Street, SunShare LLC Phone: 808-793-0786 City, state, zip: Denver, CO 80218 Phone: City, state, zip: List up to three persons in the order to be called in the event of an emergency: NAME Corrina Kumpe TITLE COO PHONE 862-571-3162 ADDRESS 1724 Gilpin Street, Denver, CO 80218 Business Hours: UTILITY SHUT OFF LOCATIONS: Main Electrical: Gas Shut Off: Days: TBD at Point of Common Coupling, Utility Meter N/A Exterior Water Shutoff: N/A Interior Water Shutoff: N/A 07/22 12 Weld County Treasurer Statement of Taxes Due Account Number RI 175786 Legal Description 7709 E2 31 6 63 EXC U PRR RES Parcel 079931100004 Situs Address Account: R1175786 WELLS RANCH 32010 COUNTY ROAD 63 GILL, CO 80624-9314 Year Tax Charge Tax Interest 2022 $66.22 $0.00 Total Tax Charge Fees Payments Balance $0.00 ($66.22) $0.00 $0.00 Grand Total Due as of 10/26/2023 $0.00 Tax Billed at 2022 Rates for Tax Area 0737 - 0737 Authority WELD COUNTY SCHOOL DIST RE7 GALETON FIRE AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY WEST GREELEY CONSERVATION Taxes Billed 2022 * Credit Levy Mill Levy 15.0380000* 9.5530000 4.0000000* 63070000 3.1810000 0.4140000 Amount $25.87 $16.43 $6,88 $10,85 $5,48 $0.71 38.4930000 $6622 Values AG -GRAZING LAND Total Actual $6,523 Assessed $1,720 $6,523 $1,720 ALL TAX LIEN`ALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR. TO ADVERTISING AND DISTRAINT WARRANT FEES. Weld County Treasurer's Office 1400 N 17th Avenue PO Box 458 Greeley, CO 80632 Phone: 970-400-3290 Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer are evidence that as of this date, all current and year taxes prior in � related to this parcel have been paid full. Signed: Date: 10 ilat4 1g0D-3 Hello