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Home My WebLink About20242192.tiffINVENTORY OF ITEMS FOR CONSIDERATION Applicant Sunlight Farm, LLC Case Number USR24-0010 Submitted or Prepared Prior to Hearing At Hearing 1 Letter from Owen & Kimberly Johnson dated 4/10/2024 X 2 Letter from Randy & Debby Anderson dated 4/14/2024 X 3 Letter from Brad & Lisa Moos X 4 Letter from Brian & Dawn Hamilton (photos attached) X 5 Pivot Energy E-mail dated April 22, 2024 X 6 Correspondence (e -mails) between Brian L Hamilton & Pivot Energy X 7 Correspondence between Kim & Owen Johnson & Pivot Energy X 8 Redacted preparation Service Agreement and seed drilling regarding on Sunlight weed Property spraying, ground X 9 Applicant e-mail Response to Brian & Dawn Hamilton received 7/8/24 X 10 Heat Island Impact Report dated 5/24/2024 X 11 E-mail response Pivot to Hamilton dated 7/29/2024 X 12 E-mail approval from 1.G Pivot Energy received 8/5/2024 re amending condition of X 13 Memo 8/6/2024 to Planning Commission outlined proposed condition 1.G dated X 14 E -Mail received correspondence 3/22/24 and 3/25/24 from Colorado Parks and Wildlife re fencing X I hereby certify that the 14 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. eft. Chris Gathman, Planner III KOSE t ACRES, LLC OWEN & KIM JOHNSON 34285 CR 47 EATON, CO 80615 10 April 2024 TO: Weld County Planning Services Case #USR24-0010 Name: Blanca Lydia Eifert Planner: Chris Gathman SUBJECT: Objection to Solar Energy Facility in the A (Agricultural) Zone L I am writing to object to the proposed Solar Energy Facility in the A (Agricultural) Zone located west of and adjacent to CR 47, and approximately 385 feet north of CR 70. 2, lYP p �' rQ ert y and home is located directly north of the proposed Solar Energy Facility and shares the longest border of any adjacent property. We live in the area because it is agricultural, and the proposed facility detracts from the agricultural aspect in many ways. a. There is a well -documented negative effect on natural wildlife, specifically raptors. Although .h some of the bird deaths are due to unknown reasons caused by solar arrays,, many havebeenmaimed orinjured. This s specifically killed due to physically being p y has been shown to affect water fowl, which include ducks and geese common in the area, when they mistakethe panels a or for lake pond. This could also affect Bald Eagles and several species : of hawks and owls, which are commonly seen on or near the property in question. b. Solar panel arrays significantly detract from the agricultural aesthetics. The land lease is for 20 years, so for a large part of the remainder of our lives, we will have to view the eye � sore that is the solar project multiple times a day as we come and go from our home. This is not something we expected or want to deal with living, in our rural Weld County home. p 3. As a pilot who takes off and lands on our property and has children learning to fly as well, I am concerned with the potential hazards of glare from the project. The main factors that influence theglare are sun position, tilt angle, surface texture, color.-, and location of the panels influ aaccompanying mounting and structure... The proposed location is right off the end of, and adjacent ac ent to, our grass landing strip. . The glare could cause a dangerous situation in the critical phases es of fl(takeoff . ht and landin ), and could cause eye damage according to the Federal l as g Aviation Administration (FAA.gov). 4. we Although vehemently disapprove of the Solar Energy Facility in the proposed location, g if it is approved, there are items that we would like to see implemented, which Pivot Energy re resentatives have verbally indicated they would be willing to accomplish during their ,P informational open house in December, 2023. EXHIBIT !1 irrigated grass stand well -established on the property prior to any solar panel a. An err , _ This � -, is - mitigate ` and their spread to installation(or associated structure). I his important to mitigate weeds p , and soil neighboring agricultural land, increase the visual aesthetics, and to prevent dust erosion. h. Landscape screening — Pivot indicated they would provide an allowance for landscape screening such as trees and shrubs for the neighboring properties. Following the open house meeting, we were informed that it would only apply to neighbors whose residences are within 500 feet p of the solar panels. Our house is more than 500 feet away, but our driveway is 20 feet away,multiple we use multi. le times each day. Therefore, we request that the landscape screening g apply �' l to any interested neighboring property owner, regardless of the "residence" i n from the solar project. Additionally, although our house is more than location 500 feet away, it is located p uphill from the property so we still have a clear view of the proposed location, and would prefer to have it hidden from our view. p the SolarEnergy Facility be denied. However, if approved, it is our � . Our request � s that request and expectation that the aforementioned land preparation and landscaping/screening items be written into the conditional development standards before granting apermit to proceed with the project. XOwen Johnson Owen and Kimberly Johnson KOSEE /Acres, LLC Owners Signed by. JOHNSON.OWEN.CHAUNCEY.1240767f 7 R Weld County Plarin‘rlDeVA Date: 4/14/2024 Case # USR24-0010 To the attention of: Chris Gathman My wife and I are the property owners directly to the South of the property owned by Blanca Eifert. Our address is: 34037 CR 47. We are in favor of the Pivot Energy solar project due to the poor management of the Eifert property. Over the years we have suffered greatly from the dirt blowing from this property causing a great deal of expense to have the drifts removed from our property. I know that the county had to remove 49 truckloads of dirt which drifted and filled the ditches across county road 47 to the East. Our main concern is this: Will Pivot Energy guarantee proper management of the land by establishing ground cover to prevent windblown soil erosion and weed control. I know that our other neighbors have this concern as well. I also know our neighbors have other concerns and 1 hope that Pivot Energy will respect their concerns. Kind regards, R idy and Debbie And rson t,c`t t- , ,, ; 4_,A87/V. CP: 970-443#4894 34037 CR 47 Eaton, CO 80615 Weld County Planning Services Case #USR24-OO1O Name: Blanca Lydia Eifert Planner: Chris Gathman Mr. Gathman Our residence is west of the Eifert property that is under consideration for a Solar Energy Facility. Pivot Energy held an informational open house on December 11, 2023. During this meeting with the surrounding neighbors, they stated several things that neighbors can request to minimize the negative impact of having a solar facility installed next to their properties. Our primary concern, which has been communicated to Pivot Energy, is that there be an irrigated grass stand well -established on the property PRIOR to any vertical installation of solar panels or any associated structure. This is important to mitigate weeds, prevent soil erosion and dust, and be visually more appealing. This is a long -neglected properly which will require a significant effort to produce awell-established stand of grass. We would like Pivot Energy to commit to irrigating newly seeded grass to provide the best opportunity for this to happen. Pivot Energy also indicated that they would provide an allowance for landscape screening. We want them to follow through with this for any adjacent property owner who requests it. It is our expectation that Weld County will require Pivot Energy to meet these conditional development standards bcfore granting them a pennit to proceed with this project. Respectfully, /2 Brad and Lisa Moos 22639 County Road 70 Eaton, CO 80615 970-481-9201 'Il , A ) <; - i it v`•-� ` P � 'E Weld County ' !i, n r O69\. Weld County Planning Services, I am writing this letter in opposition to the proposed project Case #USR24-0010 for Solar Energy Facility in the A zone district on Bianca Eifert's property. My property is directly affected by this solar project proposal. I have attached pictures that show the view from what would be my front porch, that would face directly East. The first picture is what I had planned to look at when I purchased this property when look out to the East with no Solar Panels. The second picture is a simulation from Pivot Energy that shows exactly what I will be looking at when 1 look to the East from my front porch that will be 150 feet away from the property line. The solar panels will be facing directly at my property in the afternoon and evening hours. It is not the landscape view I planned to look at every day when f purchased this property in 2022. When I attended the town hall that Pivot Energy hosted in Eaton the smart remark was "Well you don't have your house built yet, so face it a different direction." While that is easier said than done, I paid for and designed this house to look East from my set location. Moving my planned house to another location on my property changes the layout and design entirely and would incur added costs to me. I have been trying to work with Pivot as cordially as I can, but I am not getting a lot of information. In the town hall Pivot stated they would accommodate and work with us as neighbors and would install landscaping including trees to block some of the panel view and make our Eastern view more palatable. In the third photo I have attached, you can see that Pivot offered bushes, but the bushes are placed on MY property. That's convenient because now it takes up my acreage and then I must take care of, water, and maintain those bushes. It negates their responsibility and doesn't consume any of their land, and uses my dollars and my time to maintain. In the last picture that I attached; Pivot Energy had offered a fence around the property to make a cleaner look of the solar panel project. This is not a very appealing look at all from my property either, and would be a very expensive option for them. Pivot states there is no proof that the solar panel farm increases the temperature at the fence line of the property as well, but when asked about who will be monitoring that daily and if I will get those readings, I get no answer. Pivot Energy advertised they would plant native grass and coverage and have it established for 3 years before the panels can go in. Pivot Energy has no water rights with the land and have mentioned the water is too expensive for them to purchase. The ditch that could run irrigation water to the property has not run water in over 6 years, Pivot Energy has not checked to see if that ditch would hold water if they were able to purchase water. How will they establish and maintain anything other than noxious weeds if they can't purchase or get water to the planted seed? Pivot Energy stated in the townhall they would begin the build process late 2024 or early 2025, and not the mentioned 3 years. I have also asked for the information of the company that is doing the underwriting for Pivot Energy to see what happens to the panels and the property if Pivot Energy should go bankrupt. I have not seen those documents, or seen the information of that company. If there is no underwriter what happens in that scenario? With the hailstorms that Colorado gets annually, what is the mitigation plan if the panels are damaged beyond repair or damaged so severe that they begin to leak the liquid mixture of Lead and Cadmium from the panels? What if it runs off down to water ways? Is there a -bond in place to cover the cost of cleanup and what is the hazardous waste mitigation plan? if that hazardous material is left without mitigation, it could contaminate the ground water and irrigation water. The front glass of most solar panels is 2.8mm or 3.2mm thick, both make the panels more susceptible to severe damage that could cause those leaks. 4mm or thicker glass is recommended to withstand the typical Colorado hail storm. What does Pivot Energy use for the front glass on these panels? These are answers the Planning Commission should have since I can't get seem to get them. Since the Weld County Planning Commission has not set specific regulations and guidelines about these Solar Projects, we are left to fight for our own rights in these matters. I would be more willing to cooperate if Pivot Energy was more transparent and held up their word. In 2 short meetings they have already began to backpedal and go against what they said they would provide in the Townhall Meeting. Brian and Dawn Hamilton 22645 WCR 70 Eaton, Co 80615 TO LOCATION MAP terms. fir Pr,. + • l • ..y isp' • N� • - 1:17, tit - 41sr411#: ` f I t• .Ii wir ISiri sa 04W' .411 Paihr • sjive. s` iss et Ifl ''k•4i > ►• , 2 From: Kyle Hockstad To: Chris Gathman Cc: Kyle Sundman n Subject: USR24-0010 - Pivot Solar 59 Correspondence Date: Monday, April 22, 2024 3:45:39 PM Attachments: C rian =iar ai_teri orresr�or��ience P55��9 2Q240605.0cj Ji iii! Owen Jo 7srC4 if Brad Moos Regaged Service.r areernert P559 202'"0325,od' Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Chris, Please see the attached email threads for our correspondence with the neighbors on this project for the record. For the Hamiltons and Johnsons, these are the only correspondence we have had with them outside of the community meeting in December of 2023. For Brad and Lisa Moos, I have included a redacted service agreement that we entered into with Brad for mitigating weeds and establishing grass on the subject property. We have not had any direct communication, outside notice letters and community meeting invitations, with the Andersons. Thank you, Kyle Kyle HockstaJ1 I Sr. Associate, Project Development khockst' ids piv..tvnergyinet M 303.916.5199 1 Lin Win W 970.344.8350 x737 Pivot Energy I Clean Energy. Clear Choice STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is confidential and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by emailing legal@pivo:erierg'.neJ and delete the message. Thank you. 4/22/24, 11:16 AM Pivot Energy Mail - Proposed Solar Project (PIabswiA-- Proposed Solar Project Kyle Hockstad <khockstad a@pivotenergy.net> Kyle Hockstad <khockstad@pivotenergy.net> Fri, Apr 5, 2024 at 4:03 PM To: "Hamilton, Brian L" <Brian.L.Hamilton@p66.com> Hello Brian, Excellent. Thank you for looking at those. We agree on the fence, as that stark contrast is not what we are aiming for. Regarding the bushes, no they do not have to be placed on your property, but we believe that is often the most effective option, as the closer to the viewer the screening is, the more the viewshed is broken up. The closer we move the bushes to the project, the less effective of a screen they are. We prefer to give neighbors the autonomy and flexibility to install landscaping that is personalized to their liking and more efficacious than what we may install closer to the array, as there are shading and efficiency implications the closer screening is to a solar array. That said, we recognize that where the bushes are placed has implications for who is responsible for maintaining them and want to act in good faith and be as good a neighbor as we can. I am happy to jump on a call next week to discuss further if you would like. Best, Kyle On Fri, Apr 5, 2024 at 1:30 PM Hamilton, Brian L <Brian.L.Hamilton@p66.com>wrote: Yes sir, I was able to take a look at those. Definitely don't like the look of the fence. Are the bushes needed to be placed on MY property? Brian Hamilton Maintenance Reliability Supervisor 303.859.7751 Brian.L.Hamilton@p66.com phillips66 corn Follow us: Twitter I Facebook Linkedln l Instagram Phillips 66 Logo_ _ _ _ -'- From: Kyle Hockstad <khockstad@pivotenergy.net> Sent: Friday, April 5, 2024 1:28 PM To: Hamilton, Brian L <Brian.L.Hamilton@p66.com> Subject: Re: [EXTERNAL]Re: Proposed Solar Project This Message Is From an External Sender This message came from outside your organization. i•.ti4:A?; cnztatvw,terez ertsr si'AI tor .e<eR:i;ewu +xiKewni1ia:g 6Y'rXCi+ Report Suspicious Good afternoon Brian, I saw you were out of town when my prior email was sent over, so wanted to send a follow up to make sure it did not slip through, Please take a look at my last email and let me know if you have any questions. Have a great weekend. Kyle On Fri, Mar 29, 2024 at 1:19 PM Kyle Hockstad <khockstad@pivotenergy.net>wrote: Good afternoon Brian, Thank you for your patience on this simulation, which was completed today Please see the attached document • EXHIBIT In the bottom left of each page, you will see the description of the simulation (page 1 for example being "Photo 1 - On site EXISTING CONDITION"). https://mail.google.corn/mail/u/Onik=baf4674ade&view=pt&search=all&permmsgid=msg-a:r5076165995939349166&dsgt=1 &simpl=msg-a:r50761659 1/8 4/22/24, 11:16 AM Pivot Energy Mail - Proposed Solar Project The midday exposure images show the panels when they are relatively flat, while the afternoon exposure shows the panels when they would be at maximum tilt and facing the west. We also included some screening simulations with shrubs, which are simulated at time of planting and after 5 years of growth. These are not exact by any means, but give a general idea of breaking up the bulk and mass of the view of the solar panels. We included the last image - a 100% opaque fence - to demonstrate what Pivot can unilaterally elect to utilize for the purpose of code compliance. In our opinion, this creates a stark and unnatural contrast, looks more industrial than the panels alone (under which will be grown locally appropriate grass and possibly crop production, the latter of which is in feasibility study) and is a far inferior option to either landscaping or nothing at all. While we appreciate that the solar is a change of use and view from what you currently see when looking at the Eifert's property, we want to do what we can to help the array recede into the landscape as much as possible. We believe the game fence and natural forage underneath does just that, and are open to supporting the installation of landscaping if you would like. Please let me know if you have any questions. Have a good weekend! Best, Kyle On Sun, Mar 24, 2024 at 11:45 AM Hamilton, Brian L <Brian.LHamilton@p66.com>wrote Sounds good thank you for the update. Brian Hamilton Maintenance Reliability Supervisor 303.859.7751 Briantetriamilton@p66.com From: Kyle Hockstad <khockstad@pivotenergy.net> Sent: Friday, March 22, 2024 9:36:16 AM To: Hamilton, Brian L <Brian.L.Hamilton@p66.com> Subject: Re: [EXTERNAL]Re: Proposed Solar Project This Message Is From an External Sender This message came from outside your organization. Good morning Brian, I wanted to provide an update that these simulations are still in progress but will not be completed today. It is looking to be early to mid next week now. Best, Kyle On Fri, Mar 15, 2024 at 12:54 PM Hamilton, Brian L <Brian.L.Hamilton@p66.com>wrote: Thanks Kyle we appreciate it Brian Hamilton Maintenance Reliability Supervisor 303.859.7751 Briant.Hamilton@p66.com phillips66.com Follow us: Twitter I Facebook Linkedln Instagram Phillips 66 Logo IMPIEMS From: Kyle Hockstad <khockstad@pivotenergy.net> Sent: Friday, March 15, 2024 11:49 AM Report Suspicious https://mail.google.com/mail/u/0/?ik=baf4674ade&view=pt&search=all&permmsgid=msg-a:r5076165995939349166&dsgt=1 &simpl=msg-a:r50761659.. 2/8 4/22/24, 11:16 AM Pivot Energy Mail - Proposed Solar Project To: Hamilton, Brian L <Brian.L.Hamilton@p66.com> Subject: Re: [EXTERNAL] Re: Proposed Solar Project This Message Is From an External Sender This message came from outside your organization. Report Suspicious Hello Brian, Great! I have sent the images to our visual simulation partner and will provide those once available. Likely mid to late next week. I will talk with my team and see what options we have for going to the site and placing something illustrating the physical height of the panels. Have a good Friday! Kyle On Thu, Mar 14, 2024 at 12:55 PM Hamilton, Brian L <Brian.L.Hamilton@p66.com>wrote: Those a fairly accurate, maybe 10-15 further east of those points. One thing we had discussed in the townhall, was having something there to give us a visual of how tall the panels would be. That would help give us an idea what may be needed for trees or bushes. Brian Hamilton Maintenance Reliability Supervisor 303.859.7751 Briant.Hamilton@p66.com phillips66 com Follow us: Twitter I Facebook Linkedln Instagram [ Phillips 66 Logo From: Kyle Hockstad <khockstad@pivotenergy.net> Sent: Thursday, March 14, 2024 9:16 AM To: Hamilton, Brian L <Brian.L.Hamilton@p66.com> Subject: Re: [EXTERNAL]Re: Proposed Solar Project This Message Is From an Untrusted Sender You have not previously corresponded with this sender. Hi Brian, These will work great. Report Suspicious Would you be so kind as to drop a pin of where these were taken in google maps, or similar software, and take a screenshot and send that over? Or you can confirm that the locations are where I have marked with the three red dots in the image below, as it looks like these may be correct. https://mail.google.com/mail/u/0/?ik=baf4674ade&view=pt&search=all&permmsgid=msg-a:r5076165995939349166&dsgt=1 &simpl=msg-a:r50761659... 3/8 4/22/24, 11:16 AM Pivot Energy Mail - Proposed Solar Project That way we can georeference the locations of these photos for the simulation. Best, Kyle On Wed, Mar 13, 2024 at 5:22 PM Hamilton, Brian L <Brian,L.Hamilton@p66_com> wrote: Let me know if these work. This would be from our back porch of where our house is planned. Brian Hamilton Maintenance Reliability Supervisor 303.859.7751 Brian.L.Hamiltori@p66.com From: Kyle Hockstad <khockstad@pivotenergy.net> Sent: Wednesday, March 13, 2024 12:42:54 PM To: Hamilton, Brian L <Brian.L,Hamilton@p66.com> Subject: Re: [EXTERNAL]Re: Proposed Solar Project This Message is From an Untrusted Sender You have not previously corresponded with this sender, Hi Brian, Report Suspicious Certainly. Views from one or two vantage points would be ideal, with the points being those you believe would be most materially impacted from an eastern view perspective. Ideally, a photo from where your home porch or backyard will be and, if significantly different from the backyard, the view from where any main window(s) overlooking the parcel will be. Yes, we can meet you on location to discuss options after we create the simulations. Best, Kyle On Wed, Mar 13, 2024 at 12:15 PM Hamilton, Brian L <BrianL.Hamilton@p66.com>wrote: Thank you Kyle. How many and from what vantage points? We can do multiple views, But what would you like to see? After you send that would we be able to meet on our location to discuss options? Brian Hamilton Maintenance Reliability Supervisor 303.859.7751 Brian.L.Hamilton@p66.com phillips66 corn Follow us: Twitter I Facehook Linkedln Instagram ^"Phillips 66 Logo From: Kyle Hockstad <khockstad@pivotenergy.net> Sent: Wednesday, March 13, 2024 11:41 AM To: Hamilton, Brian L <Brian.L.Hamilton@p66.com> Subject: Re: [EXTERNAL]Re: Proposed Solar Project This Message Is From an Untrusted Sender You have not previously corresponded with this sender. Good morning Brian, Report Suspicious https://mail.google.com/mail/u/0/?ik=baf4674ade&view=pt&search=all&permmsgid=msg-a:r5076165995939349166&dsgt=l &simpl=msg-a:r50761659.. 4/8 4/22/24, 11:16 AM Pivot Energy Mail - Proposed Solar Project Thank you for following up on this. There has not been too much progress on this project as of yet. We are currently evaluating weed management and grass establishment options for the parcel. Regarding showing what the panels may look like from your parcel, a good option is for us to provide a visual simulation from the view of your property. With that, would you be so kind as to email me some photos from your property viewing the Eifert's? We can then overlay our site plan and digitally add the project. This gives a good frame of reference for landscaping and screening options. The higher quality the photos, the better our simulation can be. Smartphone cameras can work as well however. Best, Kyle On Tue, Mar 12, 2024 at 5:33 PM Hamilton, Brian L <Brian.L.Hamilton@p66.com>wrote: Good evening Kyle , Has there been any progress with this project? We haven't heard anything. We had talked in the town hall about your company coming out to show us a sample of what the panels would look like so we could judge height and size and such from our property. Has there been any progress on this? We would like to get an idea of these things so we knew what to expect and what to look at for some landscape/trees. Brian Hamilton Maintenance Reliability Supervisor 303.859.7751 Brian.L.Hamilton@p66.com From: Kyle Hockstad <khockstad@pivotenergy.net> Sent: Friday, December 8, 2023 11:07:46 AM To: Hamilton, Brian L <Brian.L.Hamilton@p66.com> Subject: [EXTERNALIRe: Proposed Solar Project This Message Is From an Untrusted Sender You have not previously corresponded with this sender. Report Suspicious Hello Brian, I hope your week is closing out well. Wanted to follow up to ensure you received the Eaton Community Meeting information and see if you are able to attend. Hope to see you there. We are happy to schedule a call to discuss this project with you if you are unable to attend. Have a great weekend! Best, Kyle On Fri, Dec 1, 2023 at 4:13 PM Kyle Hockstad <khockstad@pivotenergy.net>wrote: Hello Brian, Thank you for your email and input regarding our proposed project. We provide these community letters and engagement platforms for just this reason, as feedback and input are integral to our process. With the letter you received regarding this project, you should have also received a community event invitation, where we would be happy to meet with you and discuss your concerns, comments, and input. I have attached a digital invitation to that meeting that includes location and timing details. Thank you for your input and we hope to see you at the community meeting. If you are unable to attend for any reason, we would be happy to schedule a phone call to discuss further. Have a great evening and weekend. Best, Kyle On Fri, Dec 1, 2023 at 8:04 AM Hamilton, Brian L <Brian.L.Hamilton@p66.com>wrote: Good morning Kyle, I am responding in regards to the proposed solar project at 34101 CR 47 Eaton. https://mail.google.com/mail/u/0/?ik=baf4674ade&view=pt&search=ail&permmsgid=msg-a:r5076165995939349166&dsgt=1 &simpl=msg-a:r50761659 . 5/8 4022/24, 11:16 AM Pivot Energy Mail - Proposed Solar Project I am not in favor of this project at all. Since my property is adjacent to the west of the proposed site, I do n ot want to look at a field of solar panels every day. I have plans to build our house facing the east which would be looking directly at the panels. The panels would also be facing directly at me every evening. I do not see how a 27 -acre field of solar panels blends in with the surrounding environment. There are farms and fields of crops and pastures, how does a 27 -acre field of black solar panels blend in with that? You state that after construction your site will have no on -site employees, no noise, and will generate no e missions or traffic in the area Who and how will you maintain the site? There will still be exposed ground under the panels, in which someone has to maintain that area, as you stated 4-8 times annually. Aren't those on -site employees and do they not create traffic going into and out of the area? If the plan is to mow that area doesn't that create noise, emissions, and on -site employees? A typical lawnmower produces 75 decibels of noise, if the area will be maintained multiple times annually, and that size of area, I think there will be far more noise than "no noise". 50-60 decibels is the sound of normal conversation, that is more than "no noise" as you stated in your letter. There will be the sound of normal conversation n ext to my property 24/7 from the invertors? How and will the local neighbors have a say in if this property is going to have sheep to maintain the area under the panels? The sheep may disrupt the animals on my property causing other issues for me as a neighbor. How will this solar panel site reduce my energy bill being adjacent to the property. What does that reduction look like on a cloudy rainy or snowy day? Once construction has been completed and you say there will be no on site employees, how does that develop workforce opportunities to local residence? Are you going to prioritize hiring residence that live within a certain area surrounding this solar project? What revenue will this solar project create? How much will that be long-term? What is the amount of tax dollars from a 27 acre solar project that will be created to go towards said schools, roads, and other community resources? I would like to be a part of a town hall if there is something made available to ensure our voices are heard instead of a mailed letter. This is not a project 1 support even with the shift in energy innovation, and the demands from our government. I don't see the benefits from consuming farmable ground that can provide so much more for families in need than what a solar panel farm can provide. Brian Hamilton Maintenance Reliability Supervisor 303.859.7751 Brian.L.Hamilton@p66.com phillips66 corn Follow us: Twitter Facebook I Linkedln Instagrarn Kyle I-iockst td I Sr. Associate, Project Development khockstad@pivotenergy.net M 303.91(6.5199 Linkedln W 970.344.8350 x737 Pivot Energy I Clean Energy. Clear Choice Kyle i--14.0< :'std I Sr. Associate, Project Development khockstad@pivotenergy.net M '301916.5199 I Linkedln W 970,344.8350 x737 Pivot Energy I Clean Energy. Clear- Choice STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is confidential and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, https://mail.google.corn/mail/u/0/?ik=baf4674ade&view=pt&search=all&permmsgid=msg-a:r5076165995939349166&dsgt=l &simpl=msg-a:r50761659.. 6/8 a 4/22/24, 11:16 AM Pivot Energy Mail - Proposed Solar Project you are hereby notified that any dissemination, distribution, or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by emailing legal@pivotenergy.net and delete the message. Thank you. Kyle tiocicstati I Sr. Associate, Project Development khockstad@pivotenergy.net M 303.916.5199 I Linkedln W 970.344.8350 x737 Pivot Energy J Clean Energy. Clear Choice STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is confidential and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by emailing legal@pivotenergy.net and delete the message. Thank you. MGM Kyle Frocicstati I Si: Associate, Project Development khockstad@pivotenergy.net M 301916.5199 I Linkedln W 970.344.8350 x737 Pivot Energy I Clean Energy. Clear Choice STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is confidential and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by emailing legal@pivotenergynet and delete the message. Thank you. Kyle flockstad I Sr. Associate, Project Development. khockstad@pivotenergy_net M 303.916.51991 Linkedln W 970.344.8350 x737 Pivot Energy I Clean Energy. Clear Choice STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is confidential and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by emailing legal@pivotenergy.net and delete the message. Thank you. Kyle Elockstrid Si: Associate, Project Development khockstad@pivatenergy.net vi 30 3.916.5199 I Linkedln W 970.344.8350 x737 Pivot Energy I Clean Energy. Clear Choice STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is confidential and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by emailing legal@pivotenergy.net and delete the message. Thank you. I Sr. Associate, Project Development khockstad@pivotenergy.net lti1 303 916.5199 I Linkedln W 970.344.8350 x737 Pivot Energy I Clean Energy Clear Choice STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is confidential and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by emailing legal@pivotenergynet and delete the message. Thank you. https://mail.google.com/mail/u/0/?ik=baf4674ade&view=pt&search=all&perrnmsgid=msg-a:r5076165995939349166&dsqt=1 &simpl=msg-a:r50761659, 7/8 4/22/24, 11:16 AM Pivot Energy Mail - Proposed Solar Project Kyle Eiockstad I Sr. Associate, Project Development khockstad@pivotenergy.net NI 303.916.5199 I Linkedln W 970.344.8350 x737 Pivot Energy I Clean Energy. Clear Choice Kyle Hockstacu I Sr. Associate, Project Development khockstad@pivotenergy.net M 303.916.5199 I Linkedln W 970.344.8350 x737 Pivot Energy I Clean Energy. Clear Choice STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is confidential and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by emailing legal@pivotenergy.net and delete the message. Thank you. Kyle Hockstad I Sr. Associate, Project Development khockstad@pivotenergy.net M 303.916.5199 Linkedln W 970.344.8350 x:737 Pivot Energy I Clean Energy. Clear Choice Outlook -Phillips 6.png 4K https://mail.g oogle.com/mail/u/0/?ik=baf4674ade&view=pt&search=all&permmsgid=msg-a:15076165995939349166&dsqt= l &simpl=msg-a:r50761659 . 8/8 4/22/24, 11:11 AM Pivot Energy Mail - Eifert CR 47 Project timad1/4, scroffr Kyle Hockstad <khockstad@pivotenergy.net> Eifert CR 47 Project Kyle Hockstad <khockstad@pivotenergy.net> Thu, Apr 11, 2024 at 12:30 PM To: Kim and Owen Johnson <koseehomes@gmail.com> Hello Owen, You are most welcome! That is great to hear Brad is willing to include your children in the vegetative management process as well and we are excited to involve the community in the project! Providing screening for driveways outside requirements set by Weld County code is not something we provide for both financial and precedent reasons. For this project in particular, our screening efforts, and resources, are being largely allocated to create an aesthetically pleasing project with established grass and a minimally impactful game fence. The goal will be to help the array recede into the landscape as much as possible. Though direct vegetative screening is not something we can offer for your driveway, we want to be as good of neighbors as we can, so I have a couple ideas to propose: 1. Should we install vegetation anywhere on the site, we'd be happy to connect you with our vendor and you could hire them directly to install landscaping as you see fit. The hope would be that since Pivot will be paying the "fixed cost" so to speak of getting them out to the site, etc. you might realize savings for a more limited scope along your driveway. 2. The other benefit we can offer is for your family to subscribe to one of Pivot's local Community Solar projects and receive a larger savings discount than typically offered to subscribers. Typical savings are 10%, where we would be willing to offer you 20% should the project be completed. We'd be happy to connect you with our subscription team to learn more about this, but the short of it is that it's a guaranteed savings, no termination fee, no strings attached structure. On your new drivers: for the intersection of your driveway and CR 47, the array itself should set back from the road with plenty of room for safety. Our current site plans have the project fence 35' back from the ditch running N -S on the west side of CR 47, with an additional 16' of setback from the fence to the array. So, roughly, there will be a 51'+ setback to the array on CR 47, which should provide plenty of space for your family to see south when stopping at the end of the driveway. Also, the fence will be a cedar post game fence (the same fencing Colorado Parks and Wildlife uses) that is easy to see through. I have included an example of what this fencing generally looks like below. Please do not hesitate to reach out with any further questions. Thank you again for your time and for engaging in a collaborative discussion. Best, Kyle PS, If we ultimately have additional flexibility in the construction level designs of the project, we're noting for our engineering team your preference that the array be as far south (away from your driveway) and west (away from CR47) as possible. No guarantees (I'm not an engineer), but just want to let you know that we'll do our best to work with you in good faith on this. https://mail.google.com/mail/u/0/?ik=baf4674ade&view=pt&search=all&permmsgid=msg-a:r-5405038543798594134&dsgt=1 &simpl=msg-a:r-5405038.: 1/3 4/22/24, 11:11 AM Pivot Energy Mail - Eifert CR 47 Project On Thu, Apr 11, 2024 at 8:37 AM Kim and Owen Johnson <koseehomes@gmail.com>wrote Kyle, Thank you for all the information! I've spoken with Brad about vegetative management and he's willing to include my kids in the process. With regard to dwelling setbacks, I understand our house is not within 500'. That being said, our driveway is adjacent to the property so we see it multiple times every day. If your company is willing to work with us for vegetative screening we'd be very grateful. Also, as I have a teenager driving and 2 more kids who will be driving in the next few years, what is the project setback distance from CR 47? With the high amount of traffic on CR 47 (with people often driving well above the speed limit), I'm concerned that the solar project will create a dangerous situation when exiting our driveway. Thanks again for your communications. Respectfully, Owen On Tue, Apr 2, 2024, 12:39 PM Kyle Hockstad <khockstad@pivotenergy.net>wrote: Hello Mr. Johnson, Thank you for your message and for participating in our "town hall". Pivot takes pride in our commitment to engage with and take feedback from the community surrounding our projects. We know that you lived there first and want to be as respectful and collaborative as your neighbor is pursuing a change of use on their property. From your comments, it appears we are generally in alignment with expectations around this project, which I'm happy to see. Grass and Vegetative Management O We are actually working with your neighbor, Brad Moos, to preemptively improve the Eifert parcel within the next few weeks (we got some photos today and it is already looking better!). We learned from Brad that by investing in pre -seeding during the spring season/moisture, the grass has the best chance of establishing prior to any solar construction. The added benefit is that regardless of whether our project comes to fruition, our good -faith investment will create a much more visually appealing parcel with less nuisance/weed issues for neighbors like you. ® I think it is a wonderful idea to involve your children in maintaining the parcel if/when this project comes to fruition. We are currently in talks with Brad Moos for an ongoing vegetation management plan that includes drip irrigation once the project is active and we will ask Brad to specifically include opportunities for you children (and others) to be part of the project. Pivot Energy actively works with 4-H already, so this is right in our wheelhouse. 6 Landing Strip and Site Access • Regarding utility lines and poles, anything outside the Eifert property is Xcel Energy's domain, so cannot comment on what their plans will be. However, we are interconnecting on the southeast corner of the Eiefert property, so it is highly unlikely any further infrastructure would be required to the north. O The site access will be from the current Eifert driveway located in the southeast corner of the parcel. Your driveway to the north will not be used for this project. • Landscaping O For landscaping and screening, Pivot complies with the section of Weld County code that relates to setbacks from residential buildings. In short, if the array is within 500', Pivot has the option to install landscaping or opaque screening at our discretion, or work with neighbors inside that radius to find an alternative that works for everyone. Often times, we offer to have a professional landscaper install screening on the neighbor's property as it's closer to the viewpoint and does better effectuating the intent of the screening. At the town hall we discussed these options but want to be clear for the record that we did not "offer to landscape around the border of the system" — that is never something we offer as its unnecessarily expensive, usually ineffective, and causes a stark and unnatural contrast which we think actually makes the entire area look worse. o That said, your residence falls outside of the setback requirement at almost 1000' from the nearest corner of the array, so this is not applicable. Rest assured though, as we note above, Pivot is working hard to ensure that there is a full and well maintained, aesthetically pleasing grass strand under the panels at all times. We also use a simple game fence around our sites which, when combined with vegetation under and around the panels, we think further helps the project recede into the landscape and hope you'll agree. https://mail.google.com/mail/u/0/?ik=baf4674ade&view=pt&search=all&permmsgid=msg-a:r-5405038543798594134&dsgt=1 &simpl=msg-a:r-5405038... 2/3 4/22/24, 11:11 AM Pivot Energy Mail - Eifert CR 47 Project Do you have any specific ideas of things your kids could help Brad with for long-term vegetation management? We'll certainly bring that up with him and get back to you with suggestions. Thank you for your time and for reaching out! Please let me know if you have any further questions. Best, Kyle On Mon, Apr 1, 2024 at 12:10 PM Kim and Owen Johnson <koseehomes@gmail.com>wrote: Mr. Hockstad, Good morning! I am the owner to the north of the Eifert property and have the longest border with the Eifert property. At the "townhall" meetings your representatives assured us your company would be willing to landscape around the border of the solar project. I had an estimate from a local landscaping company done. The estimate is for the border on my property, and along the County Road on behalf of the neighbors to the east. I would also like to inform you that our property is used as a landing strip so no additional power lines are allowed to be erected next to our property (nor taller ones). If you were willing to bury the power lines along the property border, I would support that. The representatives also mentioned that native grasses & flora would be planted and maintained under the solar panels. That is important to us for aesthetics, but more importantly to keep the spread of weeds out of our hay & crops. Also, we have children that participate in agricultural pursuits (4H, FFA, etc), and they would be interested in being hired to maintain the grass levels through sheep/ goat grazing, which could be good advertising for your company. Also, I wanted to make sure it was clear from the Eiferts that our driveway is not to be used for anything other than our own personal access use. There is no public/project access allowed to the Eifert property from our driveway (north of the Eiferts). Thank you for your time, Owen Johnson KOSEE Acres, LLC Live at (34285 CR 47, Eaton, CO) Kyle Hockstad 1 Sr. Associate, Project Development khockstad@pivotenergy.net M 303,916.5199 Linkedln W 970.344.8350 x737 Pivot Energy I Clean Energy. Clear Choice STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is confidential and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by ernailing legal@pivotenergy.net and delete the message. Thank you. Kyle Hockstad Sr. Associate, Project Development khockstad@pivotenergy.net M 303.91 6.5199 Linkedln W 970.3411.8350 x737 Pivot Energy I Clean Energy. Clear Choice https://mail.google com/mail/u/0/?ik=baf4674ade&view=pt&search=all&permmsgid=msg-a:r-5405038543798594134&dsgt=l &simpl=msg-a:r-5405038... 3/3 SERVICE AGREEMENT This Services Agreement (the "Agreement") is made as of 03/25/2024(the "Effective Date"), by and between Brad Moos (the "Contractor") and Pivot Energy Renewable Services LLC (the "Client"). Contractor and Client may be referred to herein in the singular as a "Party" and collectively as the "Parties." In consideration of the mutual promises hereinafter set forth, the Parties hereby agrees as follows: I. Services. The Contractor shall provide, as independent contractor, all necessary labor, materials, equipment, supplies, accessories, transportation, and services required for the completion of all work (referred to herein as "Services") described by this Agreement and more specifically described in Exhibit A, (the "Scope of Services"). The Contractor agrees to provide evidence of services completed, as described in Exhibit B, (the "Evidence of Completed Services"). 2. Pricing. Client shall pay Contractor for performance of the Services (the "Contract Price"). Client will pay undisputed invoices within thirty (30) days of receipt. Any additional work proposed by either Party must receive prior written approval of both parties at an agreed upon price. Unless otherwise expressed hereon, prices include all sales, use, excise, or similar taxes. Contractor shall be responsible for any permit or governmental fees associated with the Services. Final payment shall constitute a waiver of all claims for payment by Contractor relating to the Contractor 's Services under the Agreement, but shall in no way relieve the Contractor of its obligations under this Agreement. The parties agree that all representations, indemnifications, and other obligations of the Contractor shall survive the execution, performance, or termination hereof and shall continue thereafter and may be enforced by Client. 3. Term. This Agreement shall commence on the Effective Date and continue until completion of the Scope of Services. Contractor shall complete the Services within 60 days of the Effective Date. 4. Legal Access and Authorization. Client hereby authorizes Contractor to access the property located at 34101 County Road 47, Eaton, Colorado 80615, 40.496178 latitude, -104.622921 longitude (the "Property") for performances of the Services. 5. Warranty. The Services shall be performed by qualified personnel having full knowledge and experience in work of the nature to be performed. The Contractor shall turn the Services over to the Client free and clear of all claims or liens. Contractor agrees to comply with all labor law requirements and practices, including participation, non- discrimination, equal opportunity, and local hiring and agrees to monitor and review and report compliance to Client during the course of the Services. 6. Work Product. All field data, field notes, computations, mapping, reports, final drawings, documents and other data produced by Contractor or its subcontractors in performing its obligations under this Agreement shall remain the property of Client. 7. Subcontractors. Contractor will be responsible for all work performed by any subcontractor. 8. Safety. Contractor shall comply with all applicable laws and applicable procedures otherwise in effect at the Property regarding safety, security and fire protection to prevent accidents and injuries to persons or damage to property on or about the Property, including the Property. 9. Insurance. Contractor shall provide Client with a certificate of insurance evidencing Contractor's coverage for the following limits of insurance, in form and with an insurance carrier satisfactory to Client: Commercial General Liability Automobile, Workers' Compensation, minimum required by law; and Employer's Liability The Contractor's insurance shall apply on a primary and non- contributory basis. All of Contractor's insurers must have a minimum Best's rating of A -X. The Client and its affiliates, agents, employees, directors, and officers shall be added as "Additional. Insureds" to the Commercial General Liability and Automobile policy. 10. Indemnification. Contractor agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Client, its affiliates, officers, directors and employees from all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by Contractor's negligent performance of professional services under this Agreement and that of its subcontractors or anyone for whom Contractor is legally liable. Neither the Client nor Contractor shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence or of the negligence of others. 11 Termination. If the other Party has committed any material breach of its obligations under this Agreement and has failed to cure such breach within thirty (30) days of written notice by the non -breaching Party (or, if such breach is not reasonably curable within thirty (30) days, has failed to begin and continue to work diligently and in good faith to cure such breach), then such non -breaching party may terminate this Agreement and/or pursue any remedies available at law or equity, as so limited herein. 12. Limitation of Damages. Neither Party will under any circumstances be liable for any indirect, special, incidental or consequential damages of any nature, whether based on contract, tort or other legal theory including, without limitation, business interruption costs or loss of profit or revenue, even if the other Party has been advised of the possibility of such damages. Notwithstanding the foregoing, such limitation of liability shall not be applicable to (i) a party's gross negligence, intentional misconduct, or fraud, (ii) damages covered by insurance, or (iii) for any third party indemnification obligations. 13. Lien Waivers. Contractor shall furnish, if requested by Client, all necessary lien waivers, affidavits, or other documents, in form satisfactory to Client, required to keep Client's premises free from any and all liens or claims for liens, arising out of labor, materials, or equipment furnished hereunder. 2 14. Compliance with Laws. Contractor shall comply with all applicable laws, rules, regulations, and orders of any governmental authority. 15. Miscellaneous a. Confidential ity. All commercial matters that exist between Client and Contractor are strictly confidential and will not be discussed or divulged to any third party, except to Client's or Contractor's Representatives. The receiving Party shall be responsible for any breach of the terms of this Agreement applicable to Representatives by any Representatives to whom the receiving Party has disclosed confidential information. References to "Representatives" in this Agreement shall mean, with respect to either Party hereto, its affiliates and the officers, directors, employees, agents, financing sources, current and prospective investors, consultants, contractors, and advisors (including counsel and accountants) of such Party and its affiliates and representatives of any of the foregoing. b. Entire Agreement. This Agreement contains all agreements of the Parties with respect to its subject matter. No prior agreement or understanding pertaining to any such matter will be effective. This Agreement may be modified only by a writing signed by the Parties. All exhibits and schedules attached to this Agreement are incorporated by this reference. c. Severability. If any provision or provisions of this Agreement shall be held invalid, illegal, or unenforceable, then the validity, legality, and enforceability of the remaining provisions shall in no way be affected or impaired thereby and the Parties shall negotiate in good faith to restore insofar as practicable the benefits to each Party that were affected by such ruling. d. Governing Lair. This Agreement shall be governed by the laws of the State of Colorado, without giving effect to its principles of conflicts of law. Venue will be in the state where the project is located and each of the parties hereby consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum. EACH PARTY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT TO A JURY TRIAL IN ANY ACTION BASED ON THIS AGREEMENT, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT TO EACH PARTY'S ENTERING THIS AGREEMENT. e. Counterparts. This Agreement may be executed in multiple counterparts and by facsimile or electronic signature, each of which shall be deemed an original and all of which together shall constitute one instrument. f. Waiver. No waiver of any of the terms and conditions of this Agreement shall be effective unless in writing and signed by the Party against whom such waiver is sought to be enforced. g - Assignment. No Party shall assign or transfer this Agreement, or any interest herein, without the prior written consent of the other Party which shall not be unreasonably withheld, delayed or conditioned. Notwithstanding the foregoing, the Contractor hereby specifically consents to the assignment of this Agreement by Client to any lender or other entity providing financing for the project or to an entity under common ownership or control of Client. [Signatures on the Next Page] Executed by the parties below through their authorized representatives, as of the Effective Date. Client: Pivot Energy Renewable Services LLC By: `,4 sada"' Name: Kyle Sundman Title: Authorized Representative 5 Contractor: [ Brad Moos v' By: D.&ad Moos (Mar 2420241606 MDT) Name: Brad Moos Title: Authorized Representative Exhibit A Scope of Services Service Cost ' er Acre Total Cost at 27 Acres Weed Spraying and Ground Preparation Drill Seeding Labor Smooth Brome Seed Total Cost 6 Exhibit B Evidence of Completed Services To provide completion evidence for the services listed in Exhibit A, the Contractor shall provide the following deliverables to the client at the completion of each service. The Client understands these requirements do not guarantee performance and only serve to showcase the services have been completed in good faith. 1. Weed Spraying and round_Preparat on a. The Contractor shall provide photos of before and after services have been completed. Photos shall include equipment and herbicides utilized, the state of the project area prior to mitigation and preparation, and the state of the project area after mitigation and preparation. b. The contractor shall provide, in writing, a brief description of the services completed. 2. Drill Seed ingSmooth. Brome Seed a. The Contractor shall provide photos of before and after services have been completed. Photos shall include equipment and seed -type utilized, the state of the project area prior to drill seeding, and the state of the project area after drill seeding. b. The contractor shall provide, in writing, a brief description of the services completed. 7 7/8/24, 1:17 PM Pivot Energy Mail - Pivot Solar 59 LLC Follow Up r4L Kyle Hockstad <khockstad@pivotenergy.net> Pivot Solar 59 LLC Follow Up 1 message Kyle Hockstad <khockstad@pivotenergy.net> To: "Hamilton, Brian L" <Brian.L.Hamilton@p66.com> Cc: Kyle Sundman <ksundman@pivotenergy.net> Hello Brian and Dawn, Mon, Jul 8, 2024 at 1:12 PM I hope you both are doing well, and your summer is off to a nice start. I wanted to check in to see if you had any further questions regarding the project and the simulation photos I sent a few months ago. Happy to discuss these further and evaluate options. We also received your objection letter from the County planners, and I wanted to take a moment to address the concerns you raised Landscaping and Screening • We certainly do want to work with you and the other neighbors in the area to implement vegetation, landscaping, and/or screening to make the project as palatable as we can. The simulation images we sent are potential options and not final, and we are willing to place vegetation closer to the project, if that is desired. Again, we find that vegetation right next to the project is not as effective as providing a stipend for neighbors to landscape their own properties as they please, but it is still a valid option. ▪ Grass Coverage / Vegetation Management o Pivot intends to irrigate the subject parcel if doing so is financially feasible. We are evaluating our options and plan to implement a form of drip irrigation for grass or crop establishment, which will likely be overseen and managed by Brad Moos. We have already been working with Brad to evaluate water and vegetation management and believe that we have a viable path forward. We feel working with someone who a) has a strong background in agronomy and b) has aligned interests with the rest of the neighbors of this site, seeing as he also has a strong preference for the solar project to be as aesthetically pleasing and unassuming as possible, was the best option for everybody. O In an effort of good faith, Pivot has already contracted with Brad this spring to weed, seed, and spray the Eifert's property to establish grass as far in advance to panel installation as we can. If you visit the property this summer, you will see Brad has done a great job of getting the grass started and is continuing weed mitigation efforts. • Solar Project Ambient Temperatures O I have not received any requests for this information, so please forward those emails if possible. I cannot find any messages from you on this. o To answer your questions, the studies we have found and conducted show that solar projects can have a slightly lower temperature (around 0.7 °F) than the surrounding area, as the panels absorb part of solar radiation rather than reflecting it back into the local vicinity. These effects can even be enhanced with proper vegetative management practices under the panels, alternatively to a vacant field. I have attached a recent report supporting this. O We also employ remote monitoring systems for a variety of factors, one of which is temperature. We not only monitor the ambient site temperatures, but the front and back of each solar module as well. These are all carefully and continually monitored to ensure optimum project operation. • Underwriting • I apologize if I missed any emails from you regarding your underwriting request, but I have not seen any messages from you with this request. Would you please resend them? o To answer your question, we provide a bond to the county that covers decommissioning costs should anything happen to Pivot. The bond covers decommissioning costs for project removal, in the unlikely event Pivot was unable to continue managing the project. • For our underwriters, we work with First Citizens Bank and our bonding is managed by RLI Corp. • Hail and General Damage • As mentioned, we closely monitor our systems and immediately address any damage or abnormalities, as these result in production loss. Our teams quickly replace any damaged panels. https://mail.google.com/mail/u/0/?ik=baf4674ade&view=pt&search=all&permthid=thread-a:r3585027110590408689&simpl=msg-a:r388037991673551 1/2 7/8/24, 1:17 PM Pivot Energy Mail - Pivot Solar 59 LLC Follow Up ® Specifically for hail, when a storm is coming through, our panels have a "hail stow" setting where the panels are oriented vertically to minimize their exposure and impact potential, so the hail more glances off the panels rather than hit straight on. We have not seen significant damage from hailstorms in the past. For example, the recent storms that came through the front range (which hailed on several of our projects) did not damage any panels, while cars and roofs were significantly impacted. o For panel materials, our panels meet all local and federal standards for safety. Generally, we use bi-facial panels, with 2 mm of glass on either side of the solar cells, for a total thickness of 4 mm. I also wanted to clarify there are no liquids in the panels and they are almost entirely composed of silicon and aluminum. They also have a layer of encapsulation film on either side of the solar cells, so should the glass break for any reason, the silicon wafer cells are still protected. I am happy to discuss further with you in person as well and come by for a site visit. Please let me know if you have any further questions Best regards, Kyle Kyle Hockstad Sr. Associate, Project Development d: 303,916 6199 w: 970 344,8360 x737 LinkedIn V Energy Powering Progress. Certified Corporation HEAT ISLAND IMPACT REPORT_LeiZhao_20240515.pdf 1286K https://mail.google.com/mail/u/0/?ik=baf4674ade&view=pt&search=ail&permthid=thread-a:x3585027110590408689&simpl=msg-a:r388037991673551 2/2 HEAT ISLAND IMPACT REPORT - EXECUTIVE SUMMARY Impact Study on Heat Island Effect of a Proposed Solar Project Prepared For: PIVOT ENERGY INC. 1601 Wewatta St., Suite 700 Denver, CO 80202 Submitted By: Lei Zhao Assistant Professor Civil and Environmental Engineering University of Illinois Urbana -Champaign May 14th 2024 1 EXECUTIVE SUMMARY The Pivot Energy Inc. is proposing a 5MW AC community solar project — Bureau Solar 2 LLC (hereafter the "Project") that will occupy approximately 29.3 acres of farmland in the Bureau County (site plan attached below as Fig. 1). The Project will consist of arrays of solar photovoltaic (PV) panel and farm hay and/or alfalfa between the arrays, as well as plant corn outside the project fence in the remaining 10 acres of the parcels. As an Assistant Professor in the Department of Civil and Environmental Engineering at the University of Illinois Urbana -Champaign, I (Lei Zhao, Ph.D.) have been invited to provide an objective, in-depth assessment on whether the proposed project will result in any significant heat island (i.e., localized increase in near -surface air temperature) effect. This abbreviated report summarizes the analysis and assessment results based on literature review of peer -reviewed scientific papers published in top -ranked journals (including my own research laboratory's work) and some initial quantitative estimates (see Methodology below). This assessment report can be included by the Pivot Energy Inc. for submission in their application for entitlement for the Project development. I have conducted a thorough literature review on the climatic effects of solar PV/solar farm implementation across scales. Both the state-of-the-art studies and my own analyses have shown that implementation of community- or local -scale solar farm (i.e., arrays of solar PV panels) is highly unlikely to cause any local warming (i.e., heat island) effect. Many studies including my own groups' have shown that the development of a solar farm could actually have a slight local cooling effect due to its biophysical effect on the land -atmosphere interactions. This is particularly the case when the electricity generated by the solar farm is not largely consumed on site, which applies to this proposed Project. In addition, this Project also proposes to farm hay grass or alfalfa between the arrays and grow corn right outside the project fence in the parcels. This will further enhance the local cooling effect due to the potential increase evapotranspiration from the grass and corn field. In summary, I conclude that the proposed Project is highly unlikely to cause any _ r - -- . aF.A.ti4..fm.•P II ra f 1Wh1••-1 tans I-i y�]�? :Ai ._ marlin 4me;a in omasshin gu.M y • ii— • • ., —. a.erte a..1 u....4o•Ma - I II i loi - - ...tat �.•- .r e...•aiF 7:11:41,t7.2.1:1," ..,...a a .. _ tl T -y,} • .mss_%_ 1 .i. Witty linable - r . -' .1a h i .. tJ.A I i •'' .4 It -I •4n1 — . 1t f`IY++}¢ ..a tlr _ id; t .- wL_i'11:{ tAti -7 clef. lialli{Y'1 t r r. : •:._'a r.. _ wrw�i� t . .• ams.fii, () Q} ..cr . =.' 4 4itrorss-, > L 4 e .. 1.A tak..h H..er .. '. - -: s11M+y..Id Wei •aa3i/� 4, 1 I e ... / a_ W C C a ?1l it fii e . ent y d J e J =- -n-i IAl-C Y e fl na . ..b4 .Y! 6 -11 -at _.. Iesea1/44,47eit y' .4n MY -. - Wialarest ere, Jai aro son r icp V Ci 9 91401 ; P, p Y I. � 'µM1 pt AM r,. a -'.9d! %Y.4. 4 - �.I..e. Fig. 1 Site plan of the proposed Bureau Solar 2 LLC project 2 METHODOLOGY The assessment methodology consists of two main analysis approaches. 1. Literature review. I have conducted a thorough literature review on recent published scientific papers on studying the climatic impacts of implementing solar PV panels across scales, and performed comparative and meta- analyses. 2. Quantitative estimation. My research group has developed a physics -based analytic method that can quantitatively estimate the temperature effects caused by various biophysical changes to the land surface1 . The method has been published in top scientific journals: Nature2'4, Nature Geosciences, and Nature Communications3, and has been widely used in various climate impacts applications. This analytic method is based on urban surface energy balance principles, and attributes the temperature change (ST) to contributions from changes in surface biophysical parameters including albedo, evaporation, convection efficiency, heat storage and anthropogenic heat addition (Equation 1). ST = �° (Aa)K1 + (i f}1 (Rn — Qs + QAH)W2) (1) Z+f 1+f with, Rn = (1—a)K1+,---(1—€)L1—Ea7'a — A pC 3 1 f— (1+—) r- fit af2 0 P Cp (AV) P where T — surface temperature, 20 — local climate sensitivity (= 1 /4ca 3), f — energy redistribution factor, kit* — apparent net radiation, p — air density, Cp — specific heat of air at constant pressure, ra — aerodynamic resistance to heat diffusion, /3 — Bowen ratio, a — surface albedo, K1 — incoming solar radiation, L1 — incoming longwave radiation, QS — stored heat, QAH - anthropogenic heat release, E - surface emissivity, a — Stefan - Boltzmann constant, Ta — air temperature at the blending height. This analytic model, together with the Project specs given by Pivot Energy Inc., are used to estimate is local temperature change (i.e., heat island) effect. RESULTS 1. Literature review: effect of solar photovoltaics (PV) on the urban environment Renewable energy installations in urban areas offer low to zero carbon emissions, offset capital -intensive investments for network upgrade, and impart local energy independence and network security. These installations modify urban surface properties and affect the urban environment through changes in urban energy balance. Solar PVs in urban areas can perturb urban air temperatures and impact building heating and cooling energy demand. Solar PV converts part of the incident solar radiation to electricity that would otherwise be absorbed by the urban environment, lowering the urban air temperature and 3 the cooling load of buildings, curbing the need for air-conditioning. In addition, the generated electricity, when consumed on -site, can replace non-renewable energy imports that would lead to additional waste heat being released, hence further cooling the urban environment. Local -scale modeling studies that dynamically simulate the interactions between solar PVs and the urban environment report 0.1 to 1°C of cooling in urban air temperature. Berardi and Graham (2020)8 simulated rooftop solar PVs using the ENVI-met model over a neighborhood in Brampton, Ontario consisting of mainly two-story detached homes. They found around 0.1°C reduction air temperature during a heat wave day when all building roofs are covered with PV. Taha (2013)9 uses mesoscale and meso-urban meteorological models to evaluate the effect of solar PVs on urban air temperature in Los Angeles, California, and found a cooling effect of 0.15 to 0.20°C. Salamanca et al. (2016)10 used the Weather Research and Forecasting (WRF) model coupled to the multilayer building energy (BEP+BEM) system to characterize the effect of solar roof on 2-m air temperature and citywide air-conditioning electricity consumption in Arizona. When all roofs are covered with rooftop solar panels, they found a temperature reduction of 0.2 - 0.4°C during the daytime and 0.4 - 0.8 °C during the nighttime (Fig. 2). Ma et al. (2017)11 that also used the WRF model found a daily maximum temperature reduction of up to 1°C in the city center, and 0.4 - 0.8 °C in surrounding areas in Sydney, Australia, when all building roofs are replaced with solar roofs. (a) 34 20 LIJ 5 I I 2 0 z Phoenix A 33 90 �I o^ 33.60 a) 33 30 4 33.00 32 70 34 20 (c) w S F- O AN. • • 4 a�. a et.,•if - r • a •, y. • • ••,.,` 1,��• , rs - i.e.*..• }• is.• - 4 s.• . • �a, F.' • an a -' j} •' a dit . 4, .9 4.1 I.w r a r= 1 l S a . I • • :•a t•�, �wR to • • • i t 2 l t 40 • as .. • s a.▪ . ` a • a Ps.a ' -; • f • I T i -112M -112.4 -112.0 -1116 Longitude (°} 32.60 32.40 - 9.--- 32 20 =ti D • 32.00 -\ 3180-+ M 4 4 31 60 Sie i• �a • O 0 V 0 u • • Tucson ma•y} M • • � al� t A 1 S r r 4 �• • IP TV • • t 0 • 6 /�• ■ • Y appoini • I ■F a a 11 a • L I- . , . I 32 60 -a-4-74.-74-71, .AA - Og.a. s•.. r . • • I i O P 32.40 �• 32.20 a) J 32.00 31.80 - • oD I, U a4 • I• a 4 31 60 - ▪ I I T-11 _ • • • -111.6 -111.4 -111.2 -1110 -110.8 -110.6 Longitude (°j (b) 0.8 0.6 0.4 0.2 0.1 0.1 - 0 2 - 0.4 -0.6 -0 8 0.8 i Mrs 0.6 -- 0.4 0.2 0.1 - -0.1 - 0.2 OA -0.6 -0.8 4 Fig. 2 Modeled mean 2-m air temperature differences between all solar roofs and control (original roofs) averaged for the entire 10 -day extreme heat period in July 2009 during nighttime hours (a, b) and during daytime hours (c, d) for Phoenix (left) and Tucson (right) regions, respectively. Urban land use is bounded by black contours. Adapted from Salamanca et al. (20].6), Fig. 3. A global -scale study Hu et al. (2016)12 used the Community Earth System Model to investigate the local, regional, and global climate effects of large-scale implementation of solar PV, including both rooftop solar panels and solar farm. This study also finds a slight cooling effect (r 0.34K on average) resulted from the solar PV implementation at broader scales (Fig. 3). a Control Temperature b SPDU-Control 288 23 K -0 34 K II 255 265 275 285 295 305 -1,0 -0.5 1 -0.1 0.1 0.5 1 0 Fig. 3 Surface temperature. a, Surface temperature in the Control experiment. b, Surface temperature anomaly relative to the Control experiment in the solar PV experiment. The numbers at the upper right corner of each panel represent the global average. Stippling indicates the changes are statistically significant at the 95% level using a double -sided Student's t -test. Adapted from Hu et al. (2016), Fig. 1. 2. Quantitative estimate The presence of a solar panel converts a portion of the solar radiation into electricity. In another word, part of the solar radiation that originally heats up the land surface is now turned into electricity that will be used elsewhere. Therefore, conversion of an original land surface to solar PV would cool the near -surface airs °' 12. This biophysical effect of solar PV is essentially like as an "albedo" effect in the surface energy balance (Equation 1). Based on the average solar PV parameters of the proposed Project, we can use Equation 1 to estimate its temperature effect. The solar PV panel used in the Project has an average albedo of 0.10 and an average electricity conversion efficiency of 25%, giving a heat removal rate equivalent to having a surface albedo of 0.33. Based on Equation 1, we estimate that the solar PV will slightly lower the near -surface temperature by an average amount of - 0.3 °C K in the daytime and 0.1 °C in the nighttime. In addition to this "albedo" effect, the Project also propose to farm hay or alfalfa grass 5 between the arrays and grow corn outside the project fence in the remaining 10 acres of the parcels. The vegetated (grass and corn) land cover of the project site will further increase the evapotranspiration, thus leading to additional cooling effect. Using the analytic model (Equation 1), we estimate this evapotranspirative cooling effect would be 0.1 - 0.2 °C in the daytime and nearly 0 °C. Putting the two effects together, we estimate that the proposed Project would only slightly lower the near -surface air temperature by an average amount of— 0.4 °C in the daytime and 0.1 °C in the nighttime. CONCLUSION Based on the literature review and initial quantitative analysis using our analytic model and the Project specs, we can conclude that the proposed Project by Pivot Energy Inc. in the Bureau County will not result in, if any, a discernible local warming (i.e., heat island) effect. The Project might actually have a slight cooling benefit which comes from a combined effect of solar PV's conversion of solar heat into electricity and the enhanced evapotranspirative cooling from the vegetated fraction. These findings are consistent with the published literature. Lei Zhao, Ph.D. Assistant Professor Department of Civil and Environmental Engineering (CEE) The Grainger College of Engineering Institute for Sustainability, Energy, and Environment (iSEE) National Center for Supercomputing Applications (NCSA) University of Illinois at Urbana -Champaign 6 PREPARER Dr. Lei Zhao is an Assistant Professor in the Department of Civil and Environmental Engineering, Institute for Sustainability, Energy, and Environment (iSEE), and the National Center of Supercomputing Applications at the University of Illinois Urbana -Champaign (UIUC). His research concerns the physical and engineering processes in the atmospheric boundary layer where most human activities and environmental systems are concentrated, with a particular focus on built surfaces and urban environments. He combines theory, numerical modeling, remote sensing and in situ observations, and cutting -edge machine learning methods to study land - atmosphere interaction and environmental fluid mechanics that relate to urban climatology and hydrology, urban climate change, impacts, and adaptation. Dr. Zhao is the recipient of the U.S. NSF CAREER Award, the Timothy Oke Award (2023) from the International Association for Urban Climate, and the American Geophysical Union (AGU) Global Environmental Change Early Career Award (2023). He received his Ph.D. degree in atmospheric physics from Yale University and B.S. degree from Nanjing University. Before joining at UIUC, he worked as a postdoctoral fellow at Princeton University. Website: !ittps://cee.illinois.edu/direct rr'proiiIc/lei/hao Reference: 1. Zhao, L., Lee, X. & Schultz, N. M. A wedge strategy for mitigation of urban warming in future climate scenarios. Atmospheric Chem. Phys. 17, 9067-9080 (2017). 2. Zhao, L., Lee, X., Smith, R. B. & Oleson, K. Strong contributions of local background climate to urban heat islands. Nature 511, 216-219 (2014). 3. Cao, C. et at Urban heat islands in. China enhanced by haze pollution. Nat. Commun. 7, 12509 (2016). 4. Zhang, K. et at Increased heat risk in wet climate induced by urban humid heat. Nature 1-5 (2023) doi:10.1038/s41586-023-05911-1. . 5. Wang, W. et at Global lake evaporation accelerated by changes in surface energy allocation in a warmer climate. Nat. Geosci. 11, 410-414 (2018). 6. Kammen, D. M. & Sunter, D. A. City -integrated renewable energy for urban sustainability. Science 352, 922-928 (2016). 7. Sailor, D. J., Anand, J. & King, R. R. Photovoltaics in the built environment: A critical review. Energy Build. 253, 111479 (2021). 8. Berardi, U. & Graham, J. Investigation of the impacts of microclimate on PV energy efficiency and outdoor thermal comfort. Sustain. Cities Soc. 62, 102402 (2020). 9. Taha, H. The potential for air -temperature impact from large-scale deployment of solar photovoltaic arrays in urban areas. Sol. Energy 91, 358-367 (2013). 7 10. Salamanca, F., Georgescu, M., Mahalov, A., Moustaoui, M. & Martilli, A. Citywide Impacts of Cool Roof and Rooftop Solar Photovoltaic Deployment on Near -Surface Air Temperature and Cooling Energy Demand. Bound -Layer Meteorol. 161, 203-221 (2016). 11. Ma, S. et at The impact of an urban canopy and anthropogenic heat fluxes on Sydney's climate. Int. J. Climatol. 37, 255-270 (2017). 12. Hu, A. et at Impact of solar panels on global climate. Nat. Clint Change 6, 290-294 (2016). 8 From: Hamilton Urian1, To: Kyfe Hockstaci Cc: Chris_Gathmari; Ky e Sundman Subject: Re: [EXTERNALJPivot Energy Hamilton Land Visit Follow Up Date: Monday, July 29, 2024 2:32:22 PM Attachments: 0ut1oekarti i 6k 1i QuiLsctoK!,a crrnf , ct»l Caution: This email originated from outside ofWeld County Government Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon Kyle, I have 2 landscape companies scheduled for this week to come take a look and give us estimates on that section. Yes, we did email Chris, we were mainly looking for information on what the meeting was going to look like. We are able to attend the meeting for a short time before we have to leave for the airport. We didn't want to miss anything if we could help it. Brian Hamilton P66 Mechanical Tech Specialist Supervisor 301859.7751 Brian.L. Hamilton @p66.com ph.illips6f _com Follow us: TWilter, I Facebpok I Ltn_kedin ! Instagram From: Kyle Hockstad <khockstad@ pivote nergy. net> Sent: Monday, July 29, 2024 2:04 PM To: Hamilton, Brian L cBrian.L.Hamilton@p66.com> Cc: Chris Gathman ccgathman@weld.gov>; Kyle Sundman <ksundman@pivotenergy.net> Subject: [EXTERNALJPivot Energy Hamilton Land Visit Follow Up This Message Is From an External Sender This message came from outside your organization. Report Suspicious Hello Brian and Dawn, I hope you both had a nice weekend and are keeping cool in this heat. I wanted to thank you both for hosting me on your land and walking me through your property and your concerns. Please, do not hesitate to reach out with any further questions or concerns. To ensure we are all on the same page, three of us came to the following idea: • We are going to evaluate providing vegetative screening on the east side of your eastern fence, in the northern section of the property, where the clearest view of the Eifert's property is. The idea is, we will extend the irrigation line from your current garden area to the new Chris Gathman From: Sent: To: Cc: Subject: Kyle Sundman <ksundman@pivotenergy.net> Monday, August 5, 2024 3:58 PM Maxwell Nader Chris Gathman; Kyle Hockstad; Diana Aungst; Joshua Kruger Re: USR24-OO1O recommendation Caution: This email originated from outside of Weld County Government Do not click links or open attachments unless you recognize the sender and know the content is safe. Max - Thanks for the quick chat this morning. We understand and appreciate the County's excitement to see Pivot pursue a novel approach to dual use on this site by taking a dry, unirrigated parcel and revive it by entering into a third party agreement with a neighbor to bring water to site. As you know, Pivot has spent considerable time and effort to date engaging the community & vetting potential vegetation management partners for the project. We've - at our own cost and risk - gone ahead and made a significant investment to clean up the property and pre -seed with a locally appropriate and site stabilizing grass mix to better prepare the site for construction and what we hope to be an irrigated grass stand and/or crop production under the site (at the discretion of our vegetation management partner). We would respectfully ask that to ensure discretionary approval for the project is kept with the Weld County BOCC, condition G is revised in accordance with the below recommendation from Pivot's Senior Counsel, Josh Kruger, who is CC'd here (and available to answer questions if needed). "The applicant shall present evidence to the Department of Planning Services that the applicant is making commercially reasonable and good faith efforts to obtain irrigation water for the site. The applicant shall continue to make commercially reasonable and good faith efforts to to obtain irrigation water for the site." We will further submit evidence of this agreement to the County (reserving the right to redact business terms) once the agreement is codified. As I mentioned this morning, we are on final redline turns with the proposed vegetation management provider and expect to reach an agreement in the near term. If you are unable to make the change to the above language, please consider this our formal request to continue tomorrow's hearing to the next available date. Thanks again - we are proud of our industry leading dual use efforts which recognize, protect and when possible improve the agricultural integrity of Weld County's lands. On Sat, Aug 3, 2024 at 9:10 AM Maxwell Nader crrnader weictigov> wrote: Kyle, MEMORANDUM TO: Weld County Planning Commission DATE: August 6, 2024 FROM: Chris Gathman 6° t-, SUBJECT: Request to amend USR24-a01 Q condition of approval 1,G The applicant has requested to replace condition of approval 1.G with the following condition: The applicant shall present evidence to the Department of Planning Services that the applicant is making commercially reasonable and good faith efforts to obtain irrigation water for the site. The applicant shall continue to make commercially reasonable and good faith efforts to obtain irrigation water for the site. EXHIBIT 13 Chris Gathman From: Sent: To: Cc: Subject: Marette - DNR, Brandon <brandon.marette@state.co.us> Monday, March 25, 2024 2:11 PM Hamous-Miller - DNR, Lexi Kyle Sundman; Jackson Davis - DNR; Chris Gathman Re: Pivot Solar 59 - Weld County USR24-0010 Caution: This email originated from outside of Weld County Government. Do not dick links or open attachments unless you recognize the sender and know the content is safe. Thanks Lexi, My two cents are since Pivot has to have NEC fencing, I would suggest Pivot state just that. If it comes up during the county meetings, just say something like, "It's not CPW's preferred wildlife -friendly fencing, since big game cannot access this habitat anymore, though smaller mammals can still use it." Regards, Brandon B. Marette, CWB® Northeast Region Energ Liaison LI Direct (720) 88070819 6060 Broadway, Denver, CO 80216 hrandon.marette@state.co.ass CPWs Energy Webpage CPWs Wildlife Movements Webpage J THINK SAFETY FIRST! 41) 0 On Fri, Mar 22, 2024 at 3:33 PM Hamous-Miller - DNR, Lexi eLexi,ha ous-rnifler Pstate_co.us> wrote: Hi Kyle, I agree with the last statement "more wildlife friendly than any alternative, while still complying with safety and electrical code requirements", but I still would not say that we approve of it/prefer it. You may be able to say something along the lines of "Pivot has designed the fence to be as wildlife friendly as possible given the requirements of NEC" and then explain how it is wildlife -friendly, maybe? Brandon may have more thoughts on this since he has had more experience. -Stay Wild, Lexi Hamous, MS (She/Her) Northeast Region Land Use Coordinator Colorado Parks and Wildlife 1 EXHIBIT I itµ • 11,4 47" FABRIC (INCLUDING GUAGES) ;,ti H 1 ,: ; t,, c; A; • STAGGER HOG UUINsiG5 O/ WIRE TIES AT t '—( ' ALTERN4TING IN1E" AL W PE'; 1i Smooth 'Increase visibility with a PVC cover, high -visibility wire, flagging, or a top tell.) bid • +� 1r—�rF 9 a maid I0 r t i ►` Smooth IDEAL WILDLIFE -FRIENDLY FENCE NI r .i r it It /h.. 6. _ ' -- s. — - _____ Stay Wild, Lexi Hamous, MS (She/Her) Northeast Region Land Use Coordinator Colorado Parks and Wildlife 6060 Broadway, Denver; CO 80216 303-916-2987 Lexikia m ou s -M iller@state.cosus CPW's Energy ebpag 42" Hello