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HomeMy WebLinkAbout20250834.tiffMEMORANDUM TO: Kim Ogle, Planning Services FROM: Melissa J King, PE, CFM Development Review DATE: April 4, 2024 SUBJECT: USR24-0002 SEF Carson The proposal has been reviewed on behalf of the Weld County Department of Public Works and the Department of Planning and Zoning. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS GENERAL PROJECT INFORMATION/LOCATION Project description: A Site -Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. This project is north of and adjacent to CR 64 and is west of and adjacent to CR 51. Parcel number: 080130400003, 080130400002 Lot B RE -3801. Access is proposed onto CR 64 at AP23-00208 Agricultural. ACCESS Development Review has reviewed the application materials related to access. The parcel has two permitted access points: AP22-00150 — Residential onto CR 51 and AP23-00208 - Agricultural onto CR 64. The SEF is proposing to access CR 64 at the existing, permitted access location (AP23-00208-Agricultural). A commercial access permit shall be obtained; and the access shall be upgraded to meet the commercial standards. Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We strongly encourage you to discuss your access location with Development Review prior to laying out your site plan. All "preliminarily approved" accesses are subject to change during the access permitting process. Please refer to Chapter 8 of the Weld County Code for more information regarding access. ROADS AND RIGHTS -OF -WAY County Road 51 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way. The applicant shall delineate on the site plan the future and existing right-of-way and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. County Road 64 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate on the site plan the future and existing right-of-way and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. Per Chapter 8, Article 13, Section 8-13-30, a Weld County Right -of -Way Use Permit is required for any project that will be occupying, constructing or excavating facilities within, and or encroaching upon, any County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at https://www.weldgov.com/Government/Departments/Public-Works/Permits Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. TRAFFIC No traffic counts are available for this portion of CR 64. The traffic information submitted with the application materials indicated that during construction there will be approximately 50 daily roundtrips of passenger vehicles, equipment hauling trucks, delivery trucks, and fuel delivery trucks and that during operation there will be 1 monthly roundtrip of a utility vehicle. No additional traffic information is needed, at this time. TRACKING CONTROL Tracking control is required to prevent tracking from the site onto public roadways. For access to paved roads, tracking control devices can be double cattle guards with 100 ft. of asphalt or 300 ft of asphalt. For access to gravel roads, tracking control devices must be either double cattle guards with 100 ft. of road base, or road base on all driving surfaces. Temporary Tracking Control shall be used during construction unless permanent tracking control is installed ahead of construction activities. Recycled concrete is not allowed in County right-of-way. Tracking control for unmaintained public right-of-way is required just prior to entering publicly maintained roadways. A variance request for alternatives to the tracking control requirement can be submitted to Development Review for review and consideration. This site requires approved tracking control during construction. ROAD MAINTENANCE AGREEMENT CONSTRUCTION Development Review is requesting a Road Maintenance Agreement including, but not limited to, dust control and damage repair to specified haul routes during construction. Improvements/Road Maintenance Agreement: An example agreement is available at: https://www.weld.gov/Government/Departments/Planning-and-Zoning/Development-Review . DRAINAGE REQUIREMENTS This area IS within a Non -Urbanizing Drainage Area: Non -Urbanizing Drainage Areas typically require detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped site for NON - URBANIZING areas. Detention pond waived and a simple drainage narrative: The applicant has submitted a drainage narrative stating that the site consists of A and B soils. Thus, the site is exempted from stormwater detention per Sec. 23-4-1030.B. of the Code. No additional stormwater management information is needed, at this time. Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from the property. GRADING PERMIT A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications are accepted after the planning process is complete (plan recorded). An Early Release Request Form may be entertained only after the applicant, Public Works and Planning Department have reviewed the referral and surrounding property owner comments. The Early Release Request may or may not be granted depending on referral comments and surrounding property owner concerns. Contact an Engineering representative from the Development Review for more information. A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575. CONDITIONS OF APPROVAL A. A Road Maintenance Agreement is required at this location during construction. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes during construction. (Development Review) B. The USR map shall be amended to delineate the following: 1. County Road 51 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Development Review) 2. County Road 64 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Development Review) 3. Show and label the existing, permitted residential access onto CR 51 and the proposed commercial access location onto CR 64. Include access width and turning radii on the site plan. The applicant must obtain a commercial access permit in the approved location prior to construction. Development Review will review the proposed access locations during the review of the site plan. (Development Review) 4. Show and label the drainage flow arrows. (Development Review) Prior to Construction: A. The approved access shall be permitted and constructed; and tracking control shall be constructed prior to on -site construction. (Development Review) B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Development Review DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review) 2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Development Review) 3. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review) 4. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement. (Development Review) 5. Weld County is not responsible for the maintenance of onsite drainage related features. (Development Review) 6. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) Weld County Department of Public Health and Environment Memorandum To: Kim Ogle From: Lauren Light, Environmental Health Services Date: March 12, 2024 Re: USR24-0002 Applicant: Janice and Donald Carlson, c/o SunShare, LLC dba Goldfinch Solar, LLC Environmental Health Services has reviewed this Site -Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility in the A (Agricultural) Zone District. As no employees will be located at the site, permanent water and sewer is not required. Screened portable toilets, hand washing units and bottled water can be utilized during construction. A dust and weed mitigation plan were submitted and shall be adhered to. We recommend the following requirements are incorporated into the permit as development standards: 1. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. During construction, no permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. 3. During construction, waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. 4. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction of the facility. 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6410 weldhealth.org Public Health Weld County Department of Public Health and Environment 5. During construction, adequate toilet facilities and handwashing units shall be provided. Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers, be screened from public view, and removed when construction is completed. 6. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6410 weldhealth.org Public Health Submit by Email Weld County Referral (Revised) August 6, 2024 The Weld County Department of Planning Services has received the following item for review: Applicant: Janice & Donald Carlson, Case Number: USR24-0002 c/o SunShare, LLC dba Goldfinch Solar, LLC Please Reply By: September 3, 2024 Planner: Molly Wright Project: A Site -Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF) in the A (Agricultural) Zone District Parcel Number: 080130400003-R3182704 Legal: Part of the N1/2 SE1/4 of Section 30, T6N, R64W of the 6th P.M., Weld County of the 6th P.M., Weld County, Colorado. Parcel Number: 080130400002-R3182604 Legal: Lot B of RE -3801, being part of the S1/2 SE1/4 of Section 30, T6N, R64W of the 6th P.M., Weld County of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to County Road 64, west of and adjacent to County Road 51 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. I I" We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature 3¢.4.4.2 Date 8/7/2024 Agency Weld County Oil & Gas Energy Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 Weld County Oil & Gas Energy Department Referral Comments Referring Agency: Weld County Department of Planning Services Reference Number: USR24-0002 - REVISED Associated Parcel: 080130400003-R3182704 & 080130400002-R3182604 OGED Reviewer: Rebecca Sears Review Date: 8/7/2024 The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to comment on the captioned planning case. Staff has completed review of the proposal and have no conflicts with the proposed activity. We have included additional comments below: 1. There are no active or proposed 1041 WOGLA Permits on the associated parcel. There are several oil and gas well sites in the area surrounding the parcel. 2. The parcel includes four (4) plugged and abandoned (PA) wells listed in Table 1 below. Additional information regarding these plugged and abandoned wells is available from the Energy & Carbon Management Commission (ECMC). OGED recommends that the Applicant review this information and contact the responsible operator regarding well infrastructure that may have been abandoned in place prior to conducting operations in proximity to the wells. API Operator Well Title Well Status 05-123-14679 PDC Energy Inc. Uhrich #33-30 PA 05-123-19566 PDC Energy Inc. Uhrich #43-30 PA 05-123-13685 PDC Energy Inc. Blehm #30-1 PA 05-123-22167 PDC Energy Inc. Blehm #44-30 PA 3. The parcels include one (1) active Location Assessment for Pipeline (LAP), listed in Table 2 below. OGED requests that the Applicant coordinate operations in proximity to existing pipelines with the operator(s). LAP Operator Product Diameter 19-0012 DCP Operating Company, LLC Natural Gas pipeline 20 -inch 1. The USR lands may include additional oil and gas related infrastructure, such as off -location flowlines or pipeline which are a use by right and not regulated by Weld County. OGED requests that the applicant reviews flowline data available from the ECMC map viewer and utilize Colorado 811 prior to any excavation activities. These comments and recommendations are based upon the review of the application materials submitted by the applicant and other relevant information available on the E -Permit site. Submit by Email Weld County Referral March 7, 2024 The Weld County Department of Planning Services has received the following item for review: Applicant: Janice and Donald Carlson, Case Number: USR24-0002 c/o SunShare, LLC dba Goldfinch Solar, LLC Please Reply By: April 4, 2024 Planner: Kim Ogle Project: A Site -Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF) in the A (Agricultural) Zone District Parcel Number: 080130400003-R3182704 Legal: Part of the N1/2 SE1/4 of Section 30, T6N, R64W of the 6th P.M., Weld County, Colorado. Parcel Number: 080130400002-R3182604 Legal: LOT B REC EXEMPT RE -3801; PART S1/2 SE1/4 OF SECTION 30, T6N, R64W of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to County Road 64, west of and adjacent to County Road 51. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Rebecca Sears Date 3/13/2024 Agency Weld County Oil & Gas Energy Department Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 Weld County Oil & Gas Energy Department Referral Comments Referring Agency: Weld County Department of Planning Services Reference Number: USR24-0002 Associated Parcel: 080130400003-R3182704 & 080130400002-R3182604 OGED Reviewer: Rebecca Sears Review Date: 3/13/2024 The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to comment on the captioned planning case. Staff has completed review of the proposal and have no conflicts with the proposed activity. We have included additional comments below: 1. There are no active or proposed 1041 WOGLA Permits on the associated parcel. There are several oil and gas well sites in the area surrounding the parcel. 2. The parcel includes four (4) plugged and abandoned (PA) wells listed in Table 1 below. Additional information regarding these plugged and abandoned wells is available from the Energy & Carbon Management Commission (ECMC). OGED recommends that the Applicant review this information and contact the responsible operator regarding well infrastructure that may have been abandoned in place prior to conducting operations in proximity to the wells. API Operator Well Title Well Status 05-123-14679 PDC Energy Inc. Uhrich #33-30 PA 05-123-19566 PDC Energy Inc. Uhrich #43-30 PA 05-123-13685 PDC Energy Inc. Blehm #30-1 PA 05-123-22167 PDC Energy Inc. Blehm #44-30 PA 3. The parcels include one (1) active Location Assessment for Pipeline (LAP), listed in Table 2 below. OGED requests that the Applicant coordinate operations in proximity to existing pipelines with the operator(s). LAP Operator Product Diameter 19-0012 DCP Operating Company, LLC Natural Gas pipeline 20 -inch 1. The USR lands may include additional oil and gas related infrastructure, such as off -location flowlines or pipeline which are a use by right and not regulated by Weld County. OGED requests that the applicant reviews flowline data available from the ECMC map viewer and utilize Colorado 811 prior to any excavation activities. These comments and recommendations are based upon the review of the application materials submitted by the applicant and other relevant information available on the E -Permit site. PROJECT: MEMORANDUM TO: Kim Ogle DATE: March 11, 2024 FROM: Melissa J King, PE, CFM , Development Review SUBJECT: USR24-0002 Goldfinch Solar Carson Property A Site -Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF) in the A (Agricultural) Zone District PARCELS: 080130400002 Lot B RE -3801; 080130400003. FLOODPLAIN: If the proposed SEF and any associated appurtanances (e.g. interal access roads) are to be located on and/or in the floodplain for Lone Tree Creek, as depicted on the Firm Panel 08123CO-1575F, a floodplain permit is required. It is noted that there is an NHD Flowline that crosses the northern parcel. This Flowline has not been studied for the area affected by a 1% annual chance flood. No development or storage should occur that would constrain the flows of this Flowline. c� r; c� 100 Year Floodplain associated iith Lone Tree Creel ir= Oka sir - N HD Flowline 8433190 :11 Sian -atr r CONDITION OF APPROVAL: Any improvements or new construction in the floodplain require a Flood Hazard Development Permit. (Development Review - Floodplain) DELINEATE ON THE PLAT: Show the floodplain and floodway (if applicable) boundaries on the USR map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. (Development Review - Floodplain) DEVELOPMENT STANDARDS: 1. Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map. Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. (Development Review - Floodplain) 2. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified. (Development Review - Floodplain) Galeton Fire Protection District Solar Facility (Non Residential) Requirements 2.0 1. National Electrical Code Compliance Will the facility be constructed in accordance with all applicable National Fire Protection Association Standards including NFPA 70 aka the National Electric Code? 2. Emergency Response Plan & Contacts: Will the facility develop, submit, file, and maintain an Emergency Response Plan (ERP) with the district? Where will your current facility contacts be maintained? We prefer contacts to be listed the site as well. 3. Fire Department Training & Planning: Will the facility train the District's Fire Officers on the ERP upon operation and retrain any significant modifications to the plan? This training can be as simple as a meeting during business hours to review the contents of this memo and the ERP. 4. Critical Shutoffs: How will the facility identify the location of all critical shut offs, disconnects and no-go areas? 5. Vegetation Management: How will the facility control vegetation around panels and distribution equipment as not to become a receptive fuel bed that propagates wildfire that either starts interior to or from adjacent properties? 6. Security: How will the facility ensure physical security of all critical infrastructure to prevent trespass, theft, attractive nuisance, and vandalism? 7. Wildfire Break: Will the facility provide a fire break 10' in width maintained to mineral soil, rock, or pavement around the perimeter of the facility to minimize the likelihood of a fire originating in the facility from spreading to other properties? A two track road or other suitable alternatives (tilling to mineral soil) will be considered. lithe parcel is bordered by tilled agricultural land, public roads, ditches or two tracks these may be used. 8. Address Signs: The facility may provide their own address sign with 4" or greater and well contrasted facing the best public access. The District will provide an address sign free of charge from our program upon request for installation by facility. l Submit by Email , Weld County Referral March 7, 2024 The Weld County Department of Planning Services has received the following item for review: Applicant: Janice and Donald Carlson, Case Number: USR24-0002 c/o SunShare, LLC dba Goldfinch Solar, LLC Please Reply By: April 4, 2024 Planner: Kim Ogle Project: A Site -Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF) in the A (Agricultural) Zone District Parcel Number: 080130400003-R3182704 Legal: Part of the N1/2 SE1/4 of Section 30, T6N, R64W of the 6th P.M., Weld County, Colorado. Parcel Number: 080130400002-R3182604 Legal: LOT B REC EXEMPT RE -3801; PART S1/2 SE1/4 OF SECTION 30, T6N, R64W of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to County Road 64, west of and adjacent to County Road 51. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, pleasecall the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ✓r We have reviewed the request and find that it does does nat omply with our Comprehensive Plan because: 44 LACt r<rus,,Au ST ri We have reviewed the request and find no conflicts with our interests. E' See attached letter. Signature �� "-ale_ Date AO- Z 7 7. Agency ,41G( C- Cry 04 're;w.:ti S Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 CONSENT/CROSSING AGREEMENT This Consent/Crossing Agreement (this "Agreement") is made, dated and effective as of this day of . 2024, by and between NGL Crude Terminals, LLC, a Delaware limited liability company with an address of 6120 South Yale Avenue Suite 1300 Tulsa, Oklahoma 74136 (together with successors and assigns, "Utility") and (together with its successors and assigns, "Solar Company"). Utility and Solar Company are sometimes collectively referred to herein as the "Parties" and individually as a "Party." RECITALS A. Solar Company entered into that certain [Easement][Option][Lease] Agreement(s) with [landowner name(s)] [, and also granted to Solar Company a Solar Energy Facility [Subeasement][Sublease][Colocation] Agreement, all]' as identified on Exhibit A attached and made a part of this agreement (as such may now or hereafter be amended, individually and collectively the "Solar Agreements"). B. The Solar Agreements affect certain property located in [CityNillage/Township], County, more specifically described on E.xliibit C attached hereto and made a part hereof ("Affected Property"). C. NGL Crude Terminals, LLC holds certain pipeline right of way easement(s) identified on Exhibit B attached hereto and made a part hereof ([collectively,]the "Pipeline Easement") which affect [all][a portion] of the Affected Property. D. Pursuant to the Solar Agreements, Solar Company will be installing and operating certain solar power related improvements, including without limitation solar -powered electric generating facilities, solar panels (photovoltaic generation units which convert sunlight into electrical current), other photovoltaic generating equipment, other such solar -powered generating equipment as reasonably determined by Solar Company, related infrastructure, ancillary improvements and equipment providing support or otherwise associated with the solar -powered electric generating facilities, water detention/retention facilities, all underground or above -ground collection or transmission or communication wires and cables, and access roads, over, under, across and through the Affected Property (the "Solar Energy Facilities"). E. Pursuant to the Pipeline Easement, Utility has certain rights with respect to [all] [a portion] of the Affected Property to maintain a pipeline ("Pipeline") in the location set forth in the Pipeline Easement. The Pipeline or Solar Energy Facilities are sometimes referred to as a Party's "Facilities". 1 F. Each Party is agreeable to (i) Solar Company locating or constructing, as the case may be, the Solar Energy Facilities on the Affected Property and (ii) Solar Company's Solar Energy Facilities crossing over, under, across or through the Pipeline Easement on the Affected Property at the Crossing Locations (as defined herein), and, to the extent applicable, the Pipeline crossing over, under, across, or through the Affected Property that is subject to the Solar Agreements at the Crossing Locations, upon and subject to the terms and conditions set forth in this Agreement. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The foregoing recitals are true and correct, and are incorporated here by reference as if fully set forth here. The affected area referred to in this agreement is feet in County, The work will consist of the initial installation of collection lines for said Solar Company and an access road to cross NGL Crude Terminals, LLC, an 8 inch liquified petroleum gas pipeline and Right Of Way for routine maintenance. 2. Solar Company agrees that NGL Crude Terminals, LLC, an 12 inch crude oil pipeline, has the rights identified in the Pipeline Easement with respect to all or a portion of the Affected Property. 3. NGL Crude Terminals, LLC, agrees that Solar Company has the rights identified in the Solar Agreements with respect to the Affected Property. Provided that Solar Company does not unreasonably interfere with Utility's rights and operations pursuant to the Pipeline Easement, NGL Crude Terminals, LLC, agrees that Solar Company is permitted to cross the Pipeline Easement only in the locations specifically identified on Exhibit U hereto (the "Crossing Locations") to locate, construct, install, use, repair, replace, relocate, control, remove, maintain, and operate its [Solar Energy Facilities][collection, transmission and/or communications lines][access roads for ingress and egressf [over, under, across or through]3 the location of the Pipeline Easement, subject to reasonable industry safety standards for construction over or under the Pipeline as well as Utility's construction specifications, attached as Exhibit D, as updated by Utility by written notice to Solar Company. The rights granted to Solar Company by Utility hereunder shall be limited to the extent set forth herein, and shall in no event be interpreted to include any area outside of the Crossing Locations, which may be amended from time to time in the sole discretion of the Parties, respectively. 4. Notwithstanding anything to the contrary, Solar Company shall not, under any circumstances, introduce any voltage and/or currents within Affected Property that may have any impact whatsoever on Utility's assets or infrastructure, and Solar Company shall be responsible for any Claims (as defined in Section 6 hereof) related to the same. Further, Solar Company (a) acknowledges that Solar Energy Facilities and/or associated assets may experience influence or interference from cathodic protection infrastructure due to pick-up and discharge points that are created by the positioning of the Solar Energy Facilities because they reside in proximity to or between anode bed locations that provide cathodic protection current to the Pipeline, which may cause electrical aberrations to electrical equipment function and/or may also cause degradation of solar array metallic infrastructure, and (b) hereby waives any Claims that Solar Company may have against Utility associated in any way with same. 5. Solar Company and Utility shall coordinate with one another construction, maintenance, repair, alteration, inspection, removal, replacement and all other activities relating to their respective 2 Facilities occurring within the Affected Property and/or the Crossing Locations, as applicable, and cooperate with one another so as not to unreasonably interfere with the other's Facilities, or lateral or subjacent support for those Facilities, or the other's access to, or use of, the Affected Property pursuant to this Agreement. 6. Except as set forth in Section 4 above and Section 6 below, , a Solar Company shall be solely responsible for the construction, installation, use, repair, replacement, relocation, control, removal, maintenance and operation of the Solar Energy Facilities within the Affected Property and Utility shall be solely responsible for the construction, installation, use, repair, replacement, relocation, control, removal, maintenance and operation of the Pipeline identified in the Pipeline Easement on the Affected Property. 7. Each Party (the "Indemnifying Party") shall defend, indemnify and hold harmless the other Party and such other Party's parent, affiliates and subsidiaries and their respective, employees, invitees, licensees, agents and representatives (collectively, the "Indemnified Party") from and against any and all claims, litigation, actions, proceedings, losses, damages, liabilities, obligations, costs and expenses, including reasonable attorneys', investigators' and consulting fees, court costs and litigation expenses (collectively, "Claims"), suffered or incurred by such Indemnified Party, arising from: (a) physical damage to the Indemnified Party's personal property or fixtures to the extent caused by the Indemnifying Party; or (b) physical injuries to, or death of, an Indemnified Party or member of the public to the extent caused by the Indemnifying Party; or (c) the Indemnifying Party's release of any substance, material or waste classified as hazardous or toxic, or which is regulated as waste, in, under, on or about the Affected Property or violation on the Affected Property of any applicable environmental law affecting the Affected Property. Notwithstanding, the foregoing, in no event shall an Indemnifying Party be responsible for defending, indemnifying or holding harmless any Indemnified Party to the extent that any Claim is caused by, arises from or is contributed to, by the negligence or willful misconduct of such Indemnified Party. This indemnity shall not apply to, and neither Party shall be liable to the other Party or any Indemnified Party for consequential, incidental, punitive, exemplary, or indirect damages, lost profits or other business interruption damages by statute, in tort or contract; provided, however, that if either Party is held liable to a third party for such damages and the Party held liable for such damages is entitled to indemnification therefore from the other Party hereto, the Indemnifying Party shall be liable for, and obligated to reimburse the Indemnified Party for, such damages. This indemnity shall survive expiration or earlier termination of this Agreement. 8. No modification or amendment of this Agreement shall be binding unless in a written instrument referring to this Agreement and executed by the Parties or their successors. 9. Notices and communications given under this Agreement shall be in writing and delivered by one of the following methods: i) certified or registered U.S. Mail, postage paid, return -receipt requested; or ii) United States Express Mail or other established express delivery service (such as Federal Express or UPS), postage or delivery charge prepaid; or iii) by hand delivery, addressed to the recipient Party at the address first set forth above or at such other address as the Party may designate from time to time by written notice to the other Party given as provided for under this Section. Such notices shall be effective upon receipt, or, if delivery is refused by the addressee Party, upon refusal of such delivery. In the event that notice to a Party has failed because such Party has neglected to provide the other Party with its current address, delivery will be deemed effective upon confirmation from the United States Postal Service, or established express delivery service, or person attempting to hand deliver the notice, that the last known address is ineffective. 10. Each Party represents and warrants to the other Party that: (a) the execution and delivery of this Agreement by the person(s) signing below for it has been duly authorized by it, and (b) no approval 3 consent or signature by any third party is required in connection with its execution and delivery of this Agreement or the enforceability of this Agreement. 11. Each Party agrees to provide the other with a certificate, in form and substance reasonably satisfactory to both Parties, within thirty (30) days of the certifying Party's receipt of the written request for such certificate, certifying as to some or all of the following as set forth in the certification request: (a) the current status of any work being performed by or on behalf of the certifying Party on the Affected Property; (b) costs previously incurred by the certifying Party for Claims arising on the Affected Property which may be subject to reimbursement under this Agreement; (c) whether this Agreement is unmodified and in full force and effect; (d) whether (to the certifying Party's knowledge) the requesting Party is in compliance with its obligations under this Agreement; and (e) any other matters that may be reasonably requested related to the status of this Agreement or the Parties' respective rights and obligations under this Agreement. Additionally, Utility may, at any time, request, and Solar Company shall provide as soon as reasonably practicable following the receipt of such request, any information utilized by Solar Company in making the certifications contemplated hereby, together with any research, data or other information necessary, in Utility's reasonable discretion, to determine that the Solar Energy Facilities have been safely installed and are being operated in a manner that will not have any impact on Utility's assets or operations on the Affected Property. Further, to the extent that Solar Company is unable to provide such information to Utility's reasonable satisfaction, Utility may, upon request, require Solar Company to create or otherwise produce such reasonably requested information for the purposes set forth herein, at Solar Company's sole expense, which may include without limitation information necessary to ensure that no voltage and/or currents are being introduced within Affected Property that may have any impact whatsoever on Utility's assets or infrastructure. 12. This Agreement shall be binding upon the Parties and their respective successors and assigns. Either Party may assign this Agreement, in whole or in part, without consent of the other Party. Solar Company's lenders and tax equity investors are intentional and express third party beneficiaries of this Agreement, authorized to exercise and receive any rights and benefits of Solar Company under this Agreement. In addition each such lender and tax equity investor will have the right, but not the obligation, to perform any act required to be performed by Solar Company under this Agreement, and any such performance will be effective as if such act was done by Solar Company itself. Any reference to either Party in this Agreement shall apply to such Party only so long as the Party owns or holds its respective interest in the Affected Property as described above, and thereafter such reference shall be intended to apply to such Party's successors or assigns with respect to such interest. No Party transferring or assigning its interests under this Agreement shall be relieved of liability until the transferee or assignee expressly agrees to assume and be bound by the terms and conditions of this Agreement, and no Party transferring or assigning its interests under this Agreement shall be relieved of any liability that arose before the date of such assignment or transfer and which remains unsatisfied after the date of transfer or assignment, or for liability relating to any interest that such Party continues to own or hold in the Affected Property. 13. This Agreement shall terminate upon the earlier of (i) expiration of the Solar Energy Agreements and removal of the Solar Energy Facilities, or (ii) expiration the Pipeline Easement [and removal of the Pipeline], if at all. [Signature Page Follows] 4 WHEREFORE, the parties have executed this Agreement as of the date first above written. NGL Crude Terminals, LLC: A Delaware limited liability company By: Name: Its: STATE OF ) ss. COUNTY OF The foregoing instrument was acknowledged before me in County, State of this _ day of , 2024, by , the of NGL Crude Terminals, LLC, a Delaware limited liability company, on behalf of said company. Printed Name: Notary Public County, My commission expires: Acting in the County of _ Prepared by, Recording Requested by, and When Recorded Return To: Annette Crafton Corbell NGL Crude Terminals, LLC 6120 S Yale Ave, Ste 1300 Tulsa OK 74136 5 SOLAR COMPANY: By: Name: Its: STATE OF ) SS. COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , the of , on behalf of said corporation. Prepared by, Recording Requested by, and When Recorded Return To: Print Name: Notary Public, County, Acting in County My Commission Expires: 6 EXHIBIT A Solar Agreements Unrecorded [Easement][Option][Lease] Agreement dated by and between NGL Crude Terminals, LLC and , as evidenced by Memorandum of [Easement ][Option][Lease] Agreement dated by and between and Solar, LLC, recorded in [Instrument ] [Liber , Page ], of the Official Public Records of County, [List any relevant Solar Agreements] 7 EXHIBIT B Utility's Pipeline Easement Agreement [List any relevant pipeline easements affecting the Affected Property] 8 EXHIBIT C Legal Descriptions of Affected Property [Insert Legal Description, parcel number, and address (if any)] 9 [EXHIBIT D] [Utility's Reasonable Industry Safety Standards for Construction on Pipeline Easement] NACE Standards per 2023 PHMSA RIN-2 Mega Rule 192.473 to mandate interference surveys for pipelines affected by stray currents. 1) SP0169 - Control of External Corrosion on Underground or Submerged Metallic Piping Systems. 2) SP0177 - Mitigation of Alternating Current and Lightning Effects on Metallic Structures and Corrosion Control Systems. 3) SP21424 - Alternating Current Corrosion on Cathodically Protected Pipelines: Risk Assessment, Mitigation, and Monitoring 4) TG327 (Publication 35110) - AC Corrosion State -of -the -Art: Corrosion Rate, Mechanism, and Mitigation Requirements. 5) SP0207 Performing Close -Interval Potential Surveys and DC Surface Potential Gradient Surveys on Buried or Submerged Metallic Pipes Utility requires that Solar Company is to complete a pre -construction interference survey cost TBD along with a post -commission interference survey TBD. Utility is to select the company to complete this work in its sole discretion, which shall be completed at Solar Company's sole cost. Further, Solar Company will be responsible for any costs necessary or desirable, in Utility's reasonable discretion, to resolve interference caused by Solar Company to Utility's assets or infrastructure, including without limitation costs associated with Utility's cathodic protection of its assets and/or infrastructure from Solar Company's assets. Solar Company will be responsible for any mitigation measures required to resolve interference caused by or from Utility pipeline's cathodic protection to Solar Company's assets. Solar Company will provide construction plans for review for cathodic protection fault mitigation in the vicinity of Utility assets. Solar Company shall follow 49 CFR 195.250 for clearance between pipe and structures or Utility's requested distance based on recommendations or best practice. Solar Company shall follow 49 CFR 195.252 for backfilling and use materials for bedding the pipeline, ditch fill and road base, all as approved by Utility in its sole discretion. Solar Company shall not start any construction in proximity to the Pipeline Easement prior to executing this Agreement with Utility. Hydro excavation shall be used to locate Utility's line prior to requesting the use of an excavator, all at Solar Company's sole cost. An employee of Utility must be present during any digging or boring in proximity to the Pipeline Easement. 10 Diana Aungst From: Kristy Weyerman <keyerman@mysunshare.com> Sent: Wednesday, February 5, 2025 11:43 AM To: Diana Aungst Subject: Fwd: USR24-0002 - Goldfinch Solar This Message Is From an External Sender This email was sent by someone outside Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. CPW's comments PROJECT DEVELOPMENT MANAGER Western Markets KWEYERMAN@MYSUNSHARE.COM 970.373.6323 MYSUNSHARE.COM C o N IL U k l e r 5 0 L A R Forwarded message From: Kristy Weyerman <kweyerman@mysunshare.com> Date: Wed, Jan 8, 2025 at 9:09 AM Subject: USR24-0002 - Goldfinch Solar To: Diana Aungst <daungst@weld.gov> Cc: Davis - DNR, Jackson <jackson.davisPstate.co.us>, Hamous-Miller - DNR, Lexi <lexi.hamous- miller@state.co.us> Good morning, Diana. I reached out to Lexi and Jackson regarding a meeting we had last April, Lexi sent this response back to me. Please add this to their referral comments which clears us from the HPH buffer: In CPW's letter dated March 14, 2024, CPW stated that the project occurs within Aquatic Native Species Conservation Waters. According to current data from our aquatic biologists, this designation is not applicable to this location. In regard to the Goldfinch Solar project, CPW does not have any concerns with the project occuring within the 500 ft buffer because the designation is not applicable in this case. CPW engaged in discussion with Sunshare on April 24, 2024 to confirm this. Please let us know if you have any questions in regard to our decision and thank you for reaching out to CPW to confirm this. i -Sincerely, Jackson Davis Greeley North District Wildlife Manager Q Lexi Hamous, MS (She/Her) Northeast Region Land Use Coordinator Colorado Parks and Wildlife LIVE LIFE OUTSIDE 6060 Broadway, Denver, CO 80216 303-916-2987 Lexi.Hamous-Miller@state.co.us CPW's Energy Webpage OD usEra ••• Thank you, PROJECT DEVELOPMENT MANAGER Western Markets KWEYERMAN@MYSUNSHARE.COM 970.373.6323 MYSUNSHARE.COM C o N IL U k l e r 5 0 L A R 2 Submit by Email Weld County Referral March 7, 2024 The Weld County Department of Planning Services has received the following item for review: Applicant: Janice and Donald Carlson, Case Number: USR24-0002 c/o SunShare, LLC dba Goldfinch Solar, LLC Please Reply By: December 20, 2024 Planner: Molly Wright Project: A Site -Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF) in the A (Agricultural) Zone District Parcel Number: 080130400003-R3182704 Legal: Part of the N1/2 SE1/4 of Section 30, T6N, R64W of the 6th P.M., Weld County, Colorado. Parcel Number: 080130400002-R3182604 Legal: LOT B REC EXEMPT RE -3801; PART S1/2 SE1/4 OF SECTION 30, T6N, R64W of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to County Road 64, west of and adjacent to County Road 51. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. T We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Sam Kaneta III, Captain Date 25 Nov '24 Agency Weld County Sheriff's Office Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 COLORADO Parks and Wildlife Department of Natural Resources Northeast Region 6060 Broadway Denver, CO 80216 P 303.291.7227 March 14, 2024 Weld County Planning Department Attention: Kim Ogle 1402 North 17th Ave Greeley, CO 80631 970-400-6100 kogle@weld,gov Re: CPW referral letter for Case # USR24-0002 - Goldfinch Solar, LLC, Project Dear Kim Ogle, Thank you for the opportunity for Colorado Parks and Wildlife (CPW) to submit formal comments on the proposed Goldfinch Solar, LLC's 7,000 kW AC photovoltaic solar facility, located on 34.5 acres of a 147 -acre parcel of private land. The Starlily Solar facility is located east of Weld County Road 49 and south of County Road 64 (T6N, R64W Sec. 30), on existing agricultural lands, and is located approximately 8.5 miles northwest of Greeley. It is our understanding that the Goldfinch Solar facility will deliver electricity directly to a local energy consumer via Xcel Energy's "Solar " Rewards Offsite" program. The mission of CPW is to perpetuate the wildlife resources of the state, to provide a quality state parks system, and to provide enjoyable and sustainable outdoor recreation opportunities that educate and inspire current and future generations to serve as active stewards of Colorado's natural resources. CPW has a statutory responsibility to manage all wildlife species in Colorado and to promote a variety of recreational opportunities throughout Colorado. One way we achieve this goal is by responding to referral comment requests. CPW appreciates this early consultation from Goldfinch Solar LLC and Weld County because it can lead to a responsibly developed project that works toward achieving state solar goals while protecting sensitive wildlife species, habitats, and time frames. We recognize Jeff Davis, Director, Colorado Parks and Wildlife Parks and Wildlife Commission: Dallas May, Chair • Richard Reading, Vice -Chair • Karen Bailey, Secretary • Jessica Beaulieu Marie Haskett • Jack Murphy • Gabriel Otero Duke Phillips, IV • Gary T. Skiba • James Jay Tutchton • Eden Vardy renewable energy development is important to meeting the State's greenhouse gas reduction goals and improving our climate resiliency. CPW found that the western portion of the project is within 500 feet of mapped Aquatic Native Species Conservation Waters High Priority Habitat (HPH). CPW's standard recommendation for this HPH is no surface occupancy year-round within 500 feet of the Ordinary High Water Mark of the stream or body of water. We also recommend the use of Best Management Practices during construction to prevent stormwater runoff and the use of sediment and erosion control to prevent sedimentation runoff into the native species conservation waters. CPW also encourages the following recommendations for this solar project based on CPW's Solar BMPs: • CPW recommends that any installed fencing should be eight feet in height, have round -capped posts (e.g., so wildlife isn't impaled), smooth top wire to the fence (e.g., no top barbed wire) (or if two top strands are needed, ensure they are at least six inches apart). The bottom wire can be barbed but should be four inches or less from the ground. CPW's "Fencing with Wildlife in Mind" brochure. • If construction is planned to occur during the raptor breeding season (December 1 through July 31), CPW recommends conducting raptor nest surveys prior to construction and consulting with us further if nests are present and active. • CPW recommends that the solar facility is checked weekly, either remotely or in person (or escape structures are installed inside the fenced area), to allow animals to escape if they become trapped within the facility. Please immediately report mortalities, trapped or injured wildlife, or other reportable incidents to the local District Wildlife Manager (Jackson Davis 970-342-0461). Please document and report these findings to CPW annually. • CPW recommends that the Project Area not be lit at night to minimize wildlife attraction to Project infrastructure and limit impacts to hunting, migration, or other nocturnal activities of wildlife. • For the eventual consultation regarding transmission lines to this Solar Project, CPW recommends they be installed according to Avian Power Line Interaction Committee (APLIC) standards and outside the raptor nesting season. Also, please install bird diverters within 1/4 -mile of any lake, drainage, or riparian area and within the raptor nesting buffer for occupied nests. CPW would also like to discuss a potential project with the operator. With this project being so close to the drainage, we would like to discuss the possibility of putting game cameras on the outside of the project area pointed toward the drainage to understand what species use 2 the drainage before, during, and after construction. We do not intend for this to be a condition of approval, but rather an opportunity to better understand the intersection between small solar developments and the wildlife habitat surrounding the development. If you have any additional questions regarding wildlife concerns for this property, please contact Jackson Davis, District Wildlife Manager at jackson.davisPstate.co.us or by phone at (970)342-0461. Respectfully, 72/44, (1421,, Mark Leslie, Northeast Regional Manager Cc: Jackson Davis, District Wildlife Manager - jackson.davis@state.co.us Lexi Hamous, NE Land Use Coordinator - lexi.hamous-miller@state.co.us Jason Surface, Area 4 Wildlife Manager - jason.surfacePstate.co.us 3 SG April 4, 2024 COLORADO Division of Water Resources Department of Natural Resources Kim Ogle Weld County Department of Planning Services Transmission via email: kogle®weld.gov Re: Goldfinch Solar Energy Facility Case No. USR24-0002 Pt. SE 1/4 Section 30, T6N, R64W, 6' P.M. Water Division 1, Water District 3 Dear Mr. Ogle, We have reviewed the above referenced application for a Site Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility. The submitted material does not qualify as a "subdivision" as defined in section 30-28-101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office will only perform a cursory review of the referral information and provide comments regarding the proposed water supply. The comments will not state an opinion on the adequacy of the water supply or the ability of the water supply plan to satisfy any County regulations or requirements. The application seeks to construct a solar energy facility on a 147 -acre parcel located northeast of Greeley, Colorado. The solar energy facility will cover approximately 34.5 acres. The site has historically been used for irrigated agriculture. The solar energy facility will replace a portion of the irrigated pivot circle. Construction is anticipated to last for up to three months, during which time up to 60 workers may be on -site at a time. Maintenance crews will visit the site approximately quarterly once construction has been completed. Portable coolers and portable toilets will be provided for workers during construction. The application states that water for dust mitigation will be brought in from an external source. Any water used for dust control purposes must be obtained from a source permitted or decreed for such uses, such as a water hauling company or bulk municipal tap. According to records available to this office, the property has historically been irrigated with water from the New Cache La Poudre Irrigating Company and water from wells registered under permit nos. 7124-R and 7123 -RR. The New Cache La Poudre Irrigating Company is an acceptable source of irrigation water provided that the property owner has shares or rights that entitle them to the use of the water. The combined use of well permit no. 7124-R and 7123 -RR is limited of the irrigation of 160 acres in the SE f/a of Section 30 and 130 acres located in the SW f/a of Section 29, Township 6 North, Range 64 West, 6th P.M., which includes the subject property. The irrigation wells are included in the Cache La Poudre Water Users Association's augmentation plan decreed in case no. W-7921(75). Well permit 325436 allows for use in up to three single family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not more .S ,1.:...11._1. ,s,.:-:". k:,trii 1 Isc —2(• • ;.fl 'Sf}=f!.s .) r,(:..i ti" Iillps:l:'clwr.;.()Lori3cic).u()4. I �� a... t .l,.it�t:.�. � .. s. r-c���nri L;•_i� �_,i:,.x: I 1:—: I.I. �-c� ., it:�..c,i ...�st:•i� l,lli��,��i��. �I:r':� � �s�i�rc�t�i: I)i:t'c i::� Goldfinch Solar Energy Facility Case No. USR24-0002 April 4, 2024 Page 2 of 2 than one acre of home gardens and lawns. The wells may continue to be used for irrigation DCG CRP HVVE SXL ERV-I/ LQ CFFRICIDTH Z LVlat VNtH VIAP V ECG FRQ21A tCY R VIatHHWZ HCC]6HIP LVV DCG GHFU+I V $ FFRI LQJ Vfa \WI \PCEP LAMS ' TIM H 5 HSRLW VIatHH Hj LWAQJ WIMP Z DA& I CRZ FKCLER kII VAFV ClH H[ SI-F\MG VIR LHP CLQ XC FKCQJ HG 1 R WIMP Z GHVIdIQARQ Earl) Ly SURSRV- G G/ D SCtIAPo VSURNI-IFW 6KRXCS \ RX RU \MH C6SC FCQJVKDYH CQ TXHVVARCY U -U CUM CQ R VI6CH CERYH LQ RP DAM Sax -I FRQEFV\P H DAIEVIalHQ I XaDII# W andI FR XV RU ❑ ❑ ❑❑❑ ❑❑❑❑ H[ WE= 6LGFHLHO . DM) X0DU3( : DAIU5M,RXIFHV( QJ LCIHU &F❑ $5SC FCCIN I\E M HIP DC # P \ \XCIAmIH FRP 5HI HUECI Lf6I CR ❑❑❑❑❑ Xcel Energvsm PUBLIC SERVICE COMPANY December 13, 2024 1402 North 17th Ave Greeley, CO 80631 Attn: Molly Wright Right of Way & Permits 1123 West 3rd Avenue Denver, Colorado 80223 Telephone: 303.285.6612 violeta.ciocanu@xcelenergy.com Re: Goldfinch Solar, LLC, Case # USR24-0002 - 3rd Submittal Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk has reviewed the documents for Goldfinch Solar, LLC and currently has no apparent conflict. Please be aware PSCo owns and operates existing electric distribution facilities along County Road 64, County Road 51, and northeast corner of the property. The property owner/developer/contractor must complete the application process for any new electric service, or modification to existing facilities via xcelenergy.com/InstallAndConnect. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details. Additional easements may need to be acquired by separate document for new facilities. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center by dialing 811 for utility locates prior to construction. Violeta Ciocanu (Chokanu) Right of Way and Permits Public Service Company of Colorado dba Xcel Energy Office: 303-285-6612 — Email: violeta.ciocanu@xcelenergy.com Xcel Energvsmy PUBLIC SERVICE COMPANY October 15, 2024 1402 North 17th Ave Greeley, CO 80631 Attn: Molly Wright Right of Way & Permits 1123 West 3rd Avenue Denver, Colorado 80223 Telephone: 303.285.6612 violeta.ciocanu@xcelenergy.com Re: Goldfinsch Solar, LLC, Case # USR24-0002 - 2nd Submittal Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk has reviewed the documents for Goldfinsch Solar, LLC and currently has no apparent conflict. Please be aware PSCo owns and operates existing electric distribution facilities along County Road 64, County Road 51, and northeast corner of the property. The property owner/developer/contractor must complete the application process for any new electric service, or modification to existing facilities via xcelenergy.corn/InstallAndConnect. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details. Additional easements may need to be acquired by separate document for new facilities. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center by dialing 811 for utility locates prior to construction. Violeta Ciocanu (Chokanu) Right of Way and Permits Public Service Company of Colorado dba Xcel Energy Office: 303-285-6612 — Email: violeta.ciocanu@xcelenergy.com Xcel Energvsmy PUBLIC SERVICE COMPANY August 27, 2024 1402 North 17th Ave Greeley, CO 80631 Attn: Molly Wright Re: Goldfinsch Solar, LLC, Case # USR24-0002 Right of Way & Permits 1123 West 3rd Avenue Denver, Colorado 80223 Telephone: 303.285.6612 violeta.ciocanu@xcelenergy.com Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk has reviewed the documents for Goldfinsch Solar, LLC and currently has no apparent conflict. Please be aware PSCo owns and operates existing electric distribution facilities along County Road 64, County Road 51, and northeast corner of the property. The property owner/developer/contractor must complete the application process for any new electric service, or modification to existing facilities via xcelenergy.corn/InstallAndConnect. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details. Additional easements may need to be acquired by separate document for new facilities. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center by dialing 811 for utility locates prior to construction. Violeta Ciocanu (Chokanu) Right of Way and Permits Public Service Company of Colorado dba Xcel Energy Office: 303-285-6612 — Email: violeta.ciocanu@xcelenergy.com Xcel Energvsm PUBLIC SERVICE COMPANY April 8, 2024 Weld County Planning Services 1555 North 17th Avenue Greeley, CO 80631 Attn: Kim Ogle Re: Goldfinch Solar, Case # USR24-0002 Right of Way & Permits 1123 West 3rd Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303.571.3284 donna.l.george@xcelenergy.com Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk has reviewed the use by special review for Goldfinch Solar. Please be aware PSCo owns and operates existing overhead electric distribution facilities along the south, east, and north property lines of the project area. Bear in mind that per the National Electric Safety Code, a minimum 10 -foot radial clearance must be maintained at all times from all overhead electric facilities including, but not limited to, construction activities and permanent structures. The property owner/developer/contractor must complete the application process for any new electric service, including transformers, via xcelenergy.corn/InstallAndConnect. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details. For additional easements that may need to be acquired by separate PSCo document for new facilities (i.e. transformer), the Designer must contact a Right -of -Way Agent. As a safety precaution, PSCo would like to remind the developer to contact Colorado 811 for utility locates prior to construction. Donna George Right of Way and Permits Public Service Company of Colorado dba Xcel Energy Office: 303-571-3306 — Email: donna.l.george@xcelenergy.com Hello