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Home My WebLink About20242802.tiff Vie de ea e i '` dr BALANCED ROCK POWER Application for 1041 Solar Energy Facility Permit Tae or Solar Energy Project Prepared for : Weld County Planning Department Submitted by : Tae or Solar 1 , LLC A wholly owned subsidiary of Balanced Rock Power Development , LLC 1041 SOLAR ENERGY FACILITY ( 1041 SEF ) APPLICATION FOR PLANNING D PARTMEN USE : DATE RECEIV D : AMOUNT $ CASE # ASSIGNED : APPLICATION RECEIVED BY PLANNER ASSIGNED : P ROPERTY INFORMATION (Attach additional sheets if necessary . ) Is the property currently in violation ? ✓ No / ❑ Yes Violation Case Number : NA S ite Address : None Assigned Parcel Number : 1 2 9 9 _ 0 1 _ 0 _ 0 a 0 _ 0 0 a 6 a ( See attached , multiple parcels ) Legal Description : See Attached ( multiple parcels ) Section : 10 Township 2 N , Range 61 _ _ _ W Zoning District : A /Ag _ Acreage : Y4300 Within subdivision ? ✓ No / Yes Townsite ? ✓ No / Yes If yes , subdivision or townsite name : NA Project Name Taelor Solar 1 , LLC Property Acreage : 4308 Facility Acreage : ~ 4300 Floodplain ✓ No / ❑ Yes Geological Hazard 1 ✓ No / ❑ Yes Airport Overlay ✓ No / Yes Existing use of the property Unused pasture land , limited crop production P ROPERTY OWNER ( S ) (Attach additional sheets if necessary . ) Name : Steven P Gabel Company : Magnum Feedyard Co . LLC P hone # : 970 - 483 - 7339 Email : spgabel@magnumfeedyard . com S treet Address : 11665 Co Rd 1 City / State / Zip Code : Wiggins CO 80654 APPLICANT / AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent . ) Name : Matt Mooney Company : Taelor Solar 1 , LLC P hone # : 512 - 567 - 9357 Email : mmooney@balancedrockpower . com S treet Address : 3300 E 1st Ave , Suite 675 City / State / Zip Code : Denver , CO 80206 ( We ) hereby depose and state under penalties of perjury that all statements , proposals , and / or plans submitted with or contained within the application are true and correct to the best of my ( our ) knowledge . All fee owners of the property must sign this application . If an Authorized Agent signs , an Authorization Form signed by all fee owners must be included with the application . If the fee owner is a corporation , evidence must be included indicating the signatory has the legal authority to sign for the corporation . 3 / 5 / 2024 S ignature Date Signature Date Matt Mooney P rint Print 07 / 22 12 ATTACHMENT A - Parcel List Acreage Parcel Section Township Range ( County G S ) 129903000006 3 2N 61W 321 129903000005 3 2N 61W 320 129911000006 11 2N 61W 197 129914000012 14 2N 61W 37 122132000006 32 3N 61W 120 122133000002 33 3N 61W 640 122134000004 34 3N 61W 600 122134000003 34 3N 61W 34 129910200006 10 2N 61W 166 129910100005 10 2N 61W 258 129915100002 15 2N 61W 3 129915000009 15 2N 61W 39 129902000001 2 2N 61W 630 122135000003 35 3N 61W 197 122135000004 35 3N 61W 118 129901000006 1 2N 61W 629 TOTAL 4308 ATTACHMENT B - Legal Description Description of Property The Property is all of the following tracts or parcels of land located in Weld County , Colorado , more particularly described as follows : ALL OF SECTION 3 , TOWNSHIP 2 NORTH , RANGE 61 WEST OF THE 6TH P . M . , COUNTY OF WELD , STATE OF COLORADO ; THE S 1 / 2 AND THE SW 1 / 4 OF THE NW 1 / 4 OF SECTION 11 , TOWNSHIP 2 NORTH , RANGE 61 WEST OF THE 6TH P . M . , COUNTY OF WELD , STATE OF COLORADO EXCEPT THOSE PARCELS CONVEYED BY DEEDS RECORDED JULY 8 , 1971 AT RECEPTION NO . 1571167 IN BOOK 649 AND RECORDED OCTOBER 9 , 1995 AT RECEPTION NO . 2458725 ; THE NW 1 / 4 OF THE NW 1 / 4 OF SECTION 14 , TOWNSHIP 2 NORTH , RANGE 61 WEST OF THE 6TH P . M . , COUNTY OF WELD , STATE OF COLORADO ; THE S 1 / 2 OF THE SE 1 / 4 AND THE SE 1 / 4 OF THE SW 1 / 4 OF SECTION 32 , TOWNSHIP 3 NORTH , RANGE 61 WEST OF THE 6TH P . M . , COUNTY OF WELD , STATE OF COLORADO ; ALL OF SECTION 33 , TOWNSHIP 3 NORTH , RANGE 61 WEST OF THE 6TH P . M . , COUNTY OF WELD , STATE OF COLORADO EXCEPT THAT PORTION LOCATED WITHIN THE RIGHT OF WAY OF THE CHICAGO , BURLINGTON & QUINCY RAILROAD COMPANY ; ALL OF SECTION 34 , TOWNSHIP 3 NORTH , RANGE 61 WEST OF THE 6TH P . M . , COUNTY OF WELD , STATE OF COLORADO EXCEPT THAT PORTION LOCATED WITHIN THE RIGHT OF WAY OF THE CHICAGO , BURLINGTON & QUINCY RAILROAD COMPANY ; ALL OF SECTION 10 , TOWNSHIP 2 NORTH , RANGE 61 WEST OF THE 6TH P . M . , COUNTY OF WELD , STATE OF COLORADO , EXCEPTING THERFROM THE FOLLOWING DESCRIBED TRACT OF LAND : COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 10 , FROM WHICH THE SOUTHWEST CORNER OF SAID SECTION 10 BEARS NORTH 89 ° 49 ' 12 " WEST , THENCE NORTH 89 ° 49 ' 12 " WEST , 1401 . 13 FEET ALONG THE SOUTH LINE OF SAID SECTION 10 TO THE TRUE POINT OF BEGINNING ; THENCE NORTH 01 ° 09 ' 23 " EAST , 789 . 16 FEET ; THENCE NORTH 14 ° 23 ' 09 " WEST , 711 . 74 FEET ; THENCE NORTH 09 ° 52 ' 13 " EAST , 966 . 99 FEET ; THENCE NORTH 03 ° 41 ' 5 5 " WEST , 205 . 97 FEET ; THENCE SOUTH 66 ° 34 ' 44 " WEST , 1409 . 00 FEET ; THENCE NORTH 68 ° 58 ' 09 " WEST , 2760 . 75 FEET TO THE WEST LINE OF SAID SECTION 10 ; THENCE SOUTH 00 ° 18 ' 15 " WEST , 3055 . 14 FEET ALONG THE WEST LINE OF SAID SECTION 10 TO THE SOUTHWEST CORNER OF SAID SECTION 10 ; THENCE SOUTH 89 ° 49 ' 12 " EAST , 3 894 . 3 5 FEET ALONG THE SOUTH LINE OF SAID SECTION 10 TO THE TRUE POINT OF BEGINNING . L EGAL DESCRIPTION PREPARED 4 / 21 / 21 BY L OREN K . SHANKS , PLS 28285 UINTAH ENGINEERING & LAND SURVEYING . A TRACT OF LAND LOCATED IN THE N 1 / 2 OF THE NE 1 /4 OF SECTION 15 , TOWNSHIP 2 NORTH , RANGE 61 WEST OF THE 6TH P . M . , COUNTY OF WELD , STATE OF COLORADO , DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 15 , FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 15 BEARS NORTH 89 ° 49 ' 12 " WEST , THENCE NORTH 89 ° 49 ' 12 " WEST , 1401 . 13 FEET ALONG THE NORTH LINE OF SAID SECTION 15 * THENCE SOUTH 01 ° 04 ' 35 " WEST , 1312 . 84 FEET TO THE SOUTH LINE OF THE N 1 / 2 OF THE NE 1 / 4 OF SAID SECTION 15 ; THENCE NORTH 89 ° 59 ' 5 6 " EAST , 1429 . 06 FEET ALONG THE SOUTH LINE OF THE N 1 / 2 OF THE NE 1 / 4 OF SAID SECTION 15 TO THE SOUTHEAST CORNER OF THE N 1 / 2 OF THE NE 1 / 4 OF SAID SECTION 15 ; THENCE NORTH 00 ° 08 ' 37 " WEST , 1308 . 24 FEET ALONG THE EAST LINE OF THE NORTH 1/2 OF THE NE 1 / 4 OF SAID SECTION 15 TO THE NORTHEAST CORNER OF SAID SECTION 15 AND THE TRUE POINT OF BEGINNING . L EGAL DESCRIPTION PREPARED 4 / 21 / 21 BY L OREN K . SHANKS , PLS 28285 UINTAH ENGINEERING & LAND SURVEYING . All of Section 2 , Township 2 North , Range 61 West of the 6th P . M . , County of Weld , State of Colorado ; and The South 1 / 2 of Section 35 , Township 3 North , Range 61 West of the 6th P . M . , County of Weld , State of Colorado ; and All of Section 1 , Township 2 North , Range 61 West of the 6th P . M . , County of Weld , State of Colorado , EXCEPTING therefrom the portion conveyed by Deed recorded May 21 , 1948 in Book 1227 at page 439 , which is more particularly described as follows : Commencing at a point on the West boundary line of said Section 1 at a point 600 feet South of the NW corner of said Section 1 ; thence South along the West line of said Section 1 at a distance of 2340 feet to a point 300 feet South of the NW corner of the SW 1 / 4 of said Section 1 ; thence East along a line parallel to the South boundary line of said Section 1 a distance of 130 feet ; thence North along a line parallel to the West line of Said Section 1 a distance of 2340 feet ; thence West along a line parallel to the North line of said Section 1 a distance of 130 feet more or less to the point of beginning . 41 yj � 1 I _ _ . sr 4. r ~ ~ y jl - � ` • ` - r. _ - - r ` ' . i illce . Ai ' it + ' I -• . f . r 1 is yr.lir , , . . �1 ! � ,� 1 1141/4 R cf 1 _ _ _ , , .. , . = miSAI • t Il 4 4in , � - 4it - is osee oil Li • lik • lib- - llil r� — - i I r i 1 • mill 4ir t • • • el i • • 40 1 A Pt Ai 4q III 4- All 4-18 Alli re it iia " ... --- - 4.1.1 - - _ II dal ii II 4.4 flt. ' , i II( 1 L ' 1 l i • . . • lit 1 '1 � r el s • • 4 .... -. • 1; le kiki _ ., . . . .. Al , _ - - _ - - . fir • - tea - aL . • .- DEPAR WEN TS OF PLANNING \ 1861 . j BUILD NG DEVELOPMENT REVIEW - - �� r — ; AND ENVIRONMENTAL HEALTH r:Ll 1 NORTH 11 AVENUE r * kif4 i GREEL EY CO 80631 AUTHORIZATION FARM Magnum Feedyaid Co LLC give permission to Taelor Solar 1 , LLC Me ) , ( Owner — please print ) ( Authorized Agent / Applicant = please print ) to apply for any Planning , Building , Accesst Grading or OwTS permits on our behalf , for the property located at ( address or parcel number ) below See Attachment A See Attachment A Legal ' aescnption of Section , Township N Range 11 / Subdivision Name Lot Block Property Owners Information Address 11665 Co Rd t Wiggins CO 80654 Phone 970 - 483 - 7339 E - mail s ' gabei © magnumfeedyard corn Authorized AgentlApplicant Contact Information 3300 E i st Ave , Suite 675 Denver , CO 80206 Address : Phone : 512 -567 -'9357 E - Mail mmooneygdalancedrockpower cum Correspondence to be sent to Garner II Authorized Agent/ Applicant III by Mail Email II Additional Info I ( We ) hereby certify , under penalty of penury and after carefully reading the entire contents of this docu ent , that the inf • m • ion stated above is true and correct to the beet of my ( our ) knowledge 7 rier/ t / 1 Date ire at J Owner Signature ( Steven P Gabel , President Magnum Feedyard Co LLC ) � 1 � k da Qf � � � 1� � , � 0 �-� 9 Subscribed ribed and sworn to befog me this y - ( 11/ My commission expires r � ... 11 ( trait 71Nlb? Notary Public TALIS � A � or� 1Fy:po , , C)ca�' � ol� ER` t' t�io � ' A � � � �S � TAT � � � � 66 �4 NOTARY 1D 20 - � � 4Pl� Vl 2l , � Oc MY COMMISSION E � cPlf� t p7122 13 ATTACHMENT A Description of Property The Property is all of the following tracts or parcels of land located in Weld County , Colorado , more particularly described as follows : ALL OF SECTION 3 , TOWNSHIP 2 NORTH , RANGE 61 WEST OF THE 6TH P . M . , COUNTY OF WELD , STATE OF COLORADO ; THE S 1 / 2 AND THE SW 1 / 4 OF THE NW 1 / 4 OF SECTION 11 , TOWNSHIP 2 NORTH , RANGE 61 WEST OF THE 6TH P . M . , COUNTY OF WELD , STATE OF COLORADO EXCEPT THOSE PARCELS CONVEYED BY DEEDS RECORDED JULY 8 , 1971 AT RECEPTION NO . 1571167 IN BOOK 649 AND RECORDED OCTOBER 9 , 1995 AT RECEPTION NO . 2458725 ; THE NW 1 / 4 OF THE NW 1 / 4 OF SECTION 14 , TOWNSHIP 2 NORTH , RANGE 61 WEST OF THE 6TH P . M . , COUNTY OF WELD , STATE OF COLORADO ; THE S 1 / 2 OF THE SE 1 / 4 AND THE SE 1 / 4 OF THE SW 1 / 4 OF SECTION 32 , TOWNSHIP 3 NORTH , RANGE 61 WEST OF THE 6TH P . M . , COUNTY OF WELD , STATE OF COLORADO ; ALL OF SECTION 33 , TOWNSHIP 3 NORTH , RANGE 61 WEST OF THE 6TH P . M . , COUNTY OF WELD , STATE OF COLORADO EXCEPT THAT PORTION LOCATED WITHIN THE RIGHT OF WAY OF THE CHICAGO , BURLINGTON & QUINCY RAILROAD COMPANY ; ALL OF SECTION 34 , TOWNSHIP 3 NORTH , RANGE 61 WEST OF THE 6TH P . M . , COUNTY OF WELD , STATE OF COLORADO EXCEPT THAT PORTION LOCATED WITHIN THE RIGHT OF WAY OF THE CHICAGO , BURLINGTON & QUINCY RAILROAD COMPANY ; ALL OF SECTION 10 , TOWNSHIP 2 NORTH , RANGE 61 WEST OF THE 6TH P . M . , COUNTY OF WELD , STATE OF COLORADO , EXCEPTING THERFROM THE FOLLOWING DESCRIBED TRACT OF LAND : COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 10 , FROM WHICH THE SOUTHWEST CORNER OF SAID SECTION 10 BEARS NORTH 89 ° 49 ' 12 " WEST , THENCE NORTH 89 ° 49 ' 12 " WEST , 1401 . 13 FEET ALONG THE SOUTH LINE OF SAID SECTION 10 TO THE TRUE POINT OF BEGINNING ; THENCE NORTH 01 ° 09 ' 23 " EAST , 789 . 16 FEET ; THENCE NORTH 14 ° 23 ' 09 " WEST , 711 . 74 FEET ; THENCE NORTH 09 ° 52 ' 13 " EAST , 966 . 99 FEET ; THENCE NORTH 03 ° 41 ' 5 5 " WEST , 205 . 97 FEET ; THENCE SOUTH 66 ° 34 ' 44 " WEST , 1409 . 00 FEET ; THENCE NORTH 68 ° 58 ' 09 " WEST , 2760 . 75 FEET TO THE WEST LINE OF SAID SECTION 10 ; THENCE SOUTH 00 ° 18 ' 15 " WEST , 3055 . 14 FEET ALONG THE WEST LINE OF SAID SECTION 10 TO THE SOUTHWEST CORNER OF SAID SECTION 10 ; THENCE SOUTH 89 ° 49 ' 12 " EAST , 3 894 . 3 5 FEET ALONG THE SOUTH LINE OF SAID SECTION 10 TO THE TRUE POINT OF BEGINNING . L EGAL DESCRIPTION PREPARED 4 / 21 / 21 BY L OREN K . SHANKS , PLS 28285 UINTAH ENGINEERING & LAND SURVEYING . A TRACT OF LAND LOCATED IN THE N 1 / 2 OF THE NE 1 /4 OF SECTION 15 , TOWNSHIP 2 NORTH , RANGE 61 WEST OF THE 6TH P . M . , COUNTY OF WELD , STATE OF COLORADO , DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 15 , FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 15 BEARS NORTH 89 ° 49 ' 12 " WEST , THENCE NORTH 89 ° 49 ' 12 " WEST , 1401 . 13 FEET ALONG THE NORTH LINE OF SAID SECTION 15 * THENCE SOUTH 01 ° 04 ' 35 " WEST , 1312 . 84 FEET TO THE SOUTH LINE OF THE N 1 / 2 OF THE NE 1 / 4 OF SAID SECTION 15 ; THENCE NORTH 89 ° 59 ' 5 6 " EAST , 1429 . 06 FEET ALONG THE SOUTH LINE OF THE N 1 / 2 OF THE NE 1 / 4 OF SAID SECTION 15 TO THE SOUTHEAST CORNER OF THE N 1 / 2 OF THE NE 1 / 4 OF SAID SECTION 15 ; THENCE NORTH 00 ° 08 ' 37 " WEST , 1308 . 24 FEET ALONG THE EAST LINE OF THE NORTH 1/2 OF THE NE 1 / 4 OF SAID SECTION 15 TO THE NORTHEAST CORNER OF SAID SECTION 15 AND THE TRUE POINT OF BEGINNING . L EGAL DESCRIPTION PREPARED 4 / 21 / 21 BY L OREN K . SHANKS , PLS 28285 UINTAH ENGINEERING & LAND SURVEYING . All of Section 2 , Township 2 North , Range 61 West of the 6th P . M . , County of Weld , State of Colorado ; and The South 1 / 2 of Section 35 , Township 3 North , Range 61 West of the 6th P . M . , County of Weld , State of Colorado ; and All of Section 1 , Township 2 North , Range 61 West of the 6th P . M . , County of Weld , State of Colorado , EXCEPTING therefrom the portion conveyed by Deed recorded May 21 , 1948 in Book 1227 at page 439 , which is more particularly described as follows : Commencing at a point on the West boundary line of said Section 1 at a point 600 feet South of the NW corner of said Section 1 ; thence South along the West line of said Section 1 at a distance of 2340 feet to a point 300 feet South of the NW corner of the SW 1 / 4 of said Section 1 ; thence East along a line parallel to the South boundary line of said Section 1 a distance of 130 feet ; thence North along a line parallel to the West line of Said Section 1 a distance of 2340 feet ; thence West along a line parallel to the North line of said Section 1 a distance of 130 feet more or less to the point of beginning . 41 yj � 1 I _ _ . sr 4. r ~ ~ y jl - � ` • ` - r. _ - - r ` ' . i illce . Ai ' it + ' I -• . f . r 1 is yr.lir , , . . �1 ! � ,� 1 1141/4 R cf 1 _ _ _ , , .. , . = miSAI • t Il 4 4in , � - 4it - is osee oil Li • lik • lib- - llil r� — - i I r i 1 • mill 4ir t • • • el i • • 40 1 A Pt Ai 4q III 4- All 4-18 Alli re it iia " ... --- - 4.1.1 - - _ II dal ii II 4.4 flt. ' , i II( 1 L ' 1 l i • . . • lit 1 '1 � r el s • • 4 .... -. • 1; le kiki _ ., . . . .. Al , _ - - _ - - . fir • - tea - aL . • .- a ° • • i BALANCED POCK Mr . Chris Gathman Weld County Department of Planning Services 1402 N . 17th Avenue PO Box 758 Greeley , CO 80532 RE : Taelor Solar — Taelor Solar and Battery Energy Storage 1041 Application Dear Mr . Gathman : Taelor Solar 1 , LLC ( the " Applicant " ) , a wholly owned subsidiary of Balanced Rock Power Development LLC ( " Balanced Rock Power " ) , submits this application to seek approval of a 1041 Solar Energy Facility Permit for a new solar collector facility in accordance with Sections 21 - 7 - 20 , 21 - 7 - 340 and 21 - 7 - 330 of the Weld County Code . The Applicant is also requesting that the section line right - of - way reservations in the interior of the project that are held by Weld County resolution from 1889 be temporarily waived for the life of the Project and 1041 permit . During the life of the Project , the Applicant proposes to leave right - of - way reservations surrounding the perimeter of the Project . Balanced Rock Power ( " BRP " or " the Company " ) is a regionally focused renewable energy development firm with deep industry roots and community connections in the Western United States . The Company ' s best - in - class team has over 200 years of collective renewable energy development experience from industry leading companies and has delivered over 140 wind , solar and battery development projects resulting in over 14 GWac of operational renewable energy capacity . We appreciate the opportunity to submit this application for a new solar facility and believe that we have dedicated the time and effort on both our Taelor Solar project development and the criteria required by the County ' s process to provide you with a comprehensive application . We are pleased to submit the enclosed application package for the Taelor Solar 1 , LLC solar energy and battery energy storage facility . The package is comprised of the following elements : • This Cover Letter • 1041 Solar Energy Facility Application Form and Landowner Authorization Form • Project Narrative • Appendices A through U containing various supporting materials Please note that Appendix A includes the County - provided checklists of submittal requirements and narrative component requirements . These have been annotated to ease location reference of the various application components . a ° • • i BALANCED POCK Please know that we are available and prepared to answer questions , and to make adaptations that may be supportive of Weld County Planning needs . We are enthusiastic that the Project will support increased economic development and add value to the community through job creation , construction and operation activities , and local taxes . On behalf of Taelor Solar 1 , LLC , we thank you for the detailed evaluation and consideration of this Project ' s application . Sincerely , "*'7151le Matt Mooney Taelor Solar 1 , LLC Tota Pages : JI Rec Fee : $ 13 , 00 Carly Koppel - Clerk and Recorder , Weld County p CO STATEMENT OF AUTHORITY This Statement ent of Authority relates to an entity named aprmurk Feedy ? rd . t Use a Colorado limited d habi lit com pan (the 1 ,1 " ) and is executed on behalf of the entity pursuant to the provisions of Section 38411721 CR. . . The LLC is a limited liability ilit peg formed under the laws of the State of 3 . The mailing address for the Lit is : 11665 County mood I . Wiggint_ CO 80654 4 . Any real or personal property owned or acquired in the name of the LLC may be acquired , conveyed , encumbered , leased , or otherwise dealt with b • Name of individual : Case Gabel Name of Ir di riduei Steve Gebel lirTitle . nLLC : I leter Title in L . : President r• Check this if ail * ndi iduais listed above must sign on behalf of the LLB . • 5 . The authority of the foregoing for an ( ) o bind the _ LC Fs p not limited ► limited as fe lows : Executed this 24th day of January 2024 . AtiP u da ( Signature) • Case P . Gabel • ( Type or Print Name ) S ATE OF COLORADO ) ss . • COUNTY OF Stgrifi__. ) The foregoinie p. s e krr owlet ed before re rye thisar day of Crakttoscir r, , es! i fig ap. _ _ as a of Magnum Feedyard . , LL , e Colorado Iirim ' d liability company . Witness my hand and official seal . ti • JAL Notary Public My commission expires : to „ . le a ' • NOTARY In 21P24018884 Y O : Mw ! N EXPRESk' s r . s APPENDIX I State of Delaware Secretary of Stag 4 Division of Corporations Delivered 12 : 11 I'M 01 / 23 /2023 FILED 12 : 11 PSI 01 / 23 / 2023 SR 20230219981 - File Number 7250800 CERTIFICATE OF FORMATION OF T . elor Solar 1 , LL FIRST : The name of the limited. liability company is : Taeior Solar 1 , LL SECOND : Its registered office in the State of Delaware is located at 16192 Coastal Highway , . e yes , Delaware 19958 , ount r of Sussex . The registered went in charge thereof is Harvard Business Services , Inc . WITNESS WHEREOF , the tmdersigned , being fitily authorized to execute and file this document have signed below and executed this Certificate of Formation on this January 23 , 2023 . ➢ . + F ' 40 � m a r � r . e * osee Fiarvard Business Services , Inc . , Authorized Person Michael J . Bell , President STATEMENT OF AUTHORIZED PERSON * * * * * * * * * * * * * * * * * * * * * * * * * IN LIEU OF ORGANIZATIONAL MEETING FOR Taelor Solar 1 , LLC January 23 , 2023 We , Harvard Business Services , Inc . , the authorized person of Taelor Solar 1 , LLC - - a Delaware Limited Liability Company - - hereby adopt the following resolution : Resolved : That the Certificate of Formation of Taelor Solar 1 , LLC was filed with the Secretary o f State of Delaware on January 23 , 2023 . Resolved : That on January 23 , 2023 the following persons were appointed as the initial members o f the Limited Liability Company until their successors are elected and qualify : Taelor Solar Holdco , LLC Resolved : That the undersigned signatory hereby resigns as the authorized person of the above n amed Limited Liability Company . This resolution shall be filed in the minute book of the company . Arr,/ Harvard Business Services , Inc . , Authorized Person By : Michael J . Bell , President * * * This document is not part of the public record . Keep it in a safe place . * * * Colorado Secretary of State - ' e • Date and Time : 02 / 07 / 2024 07 : 24 AM Document must be filed electronically . ID Number : 20241164022 Paper documents are not accepted . Fees & forms are subject to change . Document number : 20241164022 For more information or to print copies Amount Paid : $ 100 . 00 of filed documents , visit www . coloradosos . gov . ABOVE SPACE FOR OFFICE USE ONLY Statement of Foreign Entity Authority filed pursuant to § 7 - 90 - 803 of the Colorado Revised Statutes ( C . R . S . ) 1 . The entity ID number , the entity name , and the true name , if different , are Entity ID number 20241164022 (Colorado Secretary of State ID number) Entity name Taelor Solar 1 , LLC True name ( if different from the entity name ) 2 . The form of entity and the jurisdiction under the law of which the entity is formed are Form of entity Foreign Limited Liability Company Jurisdiction Delaware 3 . The principal office address of the entity ' s principal office is Street address 310E 100S (Street number and name) Moab UT 84532 (City) (State) (ZIP/Postal Code) United States (Province — if applicable) ( Country ) Mailing address ( leave blank if same as street address ) (Street number and name or Post Office Box in formation) (City) (State) (ZIP/Postal Code) (Province — if applicable) (Country ) 4 . The registered agent name and registered agent address of the entity ' s registered agent are Name ( if an individual ) (Last) (First) (Middle) (Suffix) or ( if an entity ) Registered Agents Inc . (Caution : Do not provide both an individual and an entity name . ) AUTHORITY Page 1 of 3 Rev . 12 / 01 /2011 Street address 1942 Broadway Street , STE 314C (Street number and name) Boulder CO 80302 (City) (State) (ZIP Code) Mailing address ( leave blank if same as street address ) (Street number and name or Post Office Box information) CO (City) (State) (ZIP Code) (The following statement is adopted by marking the box ) K The person appointed as registered agent above has consented to being so appointed . S . The date the entity commenced or expects to commence transacting business or conducting activities in Colorado is 01 / 29 / 2023 , (mm/dd/yyyy) 6 . (If applicable, adopt the following statement by marking the box and include an attachment. ) ❑ This document contains additional information as provided by law . 7 . (Caution : Leave blank if the document does not have a delayed effective date . Stating a delayed effective date has significant legal consequences . Read instructions before entering a date ) (If the following statement applies, adopt the statement by entering a date and, if applicable , time using the required format . ) The delayed effective date and , if applicable , time of this document is / are ( mm / dd /yyyy hour : minute am /pm) Notice : Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery , under penalties of perjury , that the document is the individual ' s act and deed , or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing , taken in conformity with the requirements of part 3 of article 90 of title 7 , C . R . S . , the constituent documents , and the organic statutes , and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part , the constituent documents , and the organic statutes . This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State , whether or not such individual is named in the document as one who has caused it to be delivered . 8 . The true name and mailing address of the individual causing the document to be delivered for filing are Hafner Eric (Last) (First) (Middle) (Suffix) 31 OE 100S (Street number and name or Post Office Box information) Moab UT 84532 (City) (State) (ZIP/Postal Code) United States . (Province - if applicable) (Cottntly) (If the following statement applies , adopt the statement by narking the box and inchide an attachment . ) ❑ This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing . AUTHORITY Page 2 of 3 Rev . 12 / 01 /2011 Disclaimer : This form / cover sheet , and any related instructions , are not intended to provide legal , business or tax advice , and are furnished without representation or warranty . While this form / cover sheet is believed to satisfy minimum legal requirements as of its revision date , compliance with applicable law , as the same may be amended from time to time , remains the responsibility of the user of this form / cover sheet . Questions should be addressed to the user ' s legal , business or tax advisor ( s ) . AUTHORITY Page 3 of 3 Rev . 12 / 01 /2011 DocuSign Envelope ID : 47693292 - DED2 - 40E4 - 98E9 - 1C2A1B1A9B10 �i� • 41. Ilt % BALANCED ROCK POWER DELEGATION OF AUTHORITY By means of this letter dated March S , 2024 , I , John Knight , as Chief Executive Officer of Taelor Solar 1 , LLC ( " Company " ) , delegate the authority herein described to Matthew Mooney , Vice President of Development , on the following terms and conditions . 1 . Pursuant to Article 6 of the Operating Agreement of Taelor Solar 1 , LLC , I may expressly delegate my authority to execute all instruments to another officer or agent of the Company . 2 . In accordance with Article 6 , I hereby delegate authority to Mr . Mooney to review and execute , on my behalf, that certain 1041 Solar Energy Facility Application for the project , Taelor Solar 1 , LLC . 3 . This delegation is effective as of the date set forth above and solely for the purposes set forth herein . 4 . The authority delegated in this document shall not be sub - delegated . Ea, Sif ugned by : By : E2F923224B1 . . . John Knight , Chief Executive Officer Date : 4 / 9 / 2024 Appr ` uvbuSigned by : By : Vthritt ("AAA/um/cif 431 - C-Wt r& GOCC44DF . . . Victoria Chenault , General Counsel DocuSign Envelope ID : BAD973DD -4C5B - 430C - B9D8 - E7D7B7C7BCE7 OPERATING AGREEMENT OF TAELOR SOLAR 1 , LLC a Delaware limited liability company 00043789 . DOGX v 1 DocuSign Envelope ID : BAD973DD -4C5B - 430C - B9D8 - E7D7B7C7BCE7 OPERATING AGREEMENT OF TAELOR SOLAR 1 , LLC A DELAWARE LIMITED LIABILITY COMPANY THIS OPERATING AGREEMENT is made as of the 25th day of January 1 , 2023 (the " Effective Date " ) by Taelor Solar Holdco , LLC , a Delaware limited liability company ( " Member " and " Manager " ) , and Taelor Solar 1 , LLC , a Delaware limited liability company ( the " Company " ) . Article 1 DEFINITIONS The following terms used in this Operating Agreement shall have the meanings set forth below ( unless otherwise expressly provided herein ) : ( a) " Act " shall mean the version of the Limited Liability Company Act adopted by the State of the Delaware . ( b ) " Entity " shall mean any general partnership , limited partnership , limited liability company , corporation , joint venture , trust , estate , business trust , cooperative or association . ( c ) " Operating Agreement " shall mean this Amended and Restated Operating Agreement as originally executed and as amended from time to time . ( d ) " Person " shall mean any individual or Entity , and the heirs , executors , administrators , legal representatives , successors , and assigns of such Person where the context so admits . Article 2 FORMATION OF COMPANY Formation . On January 23rd , 2023 , the Company was organized as a Delaware limited liability company under and pursuant to the Act . Name . The name of the Company is Taelor Solar 1 , LLC , a Delaware limited liability company . Principal Place of Business . The principal place of business of the Company within the State of Utah shall be at 310 E . 100 S . , Moab , Utah 84532 . The Company may locate its places of business and registered office at any other place or places as the Manager may from time to time deem advisable . 1 00043789 . DOCX vl DocuSign Envelope ID : BAD973DD -4C5B - 430C - B9D8 - E7D7B7C7BCE7 Registered Office and Registered Agent . The Company ' s registered office shall be at the office of its registered agent at 16192 Coastal Hwy , Lewes , DE 19958 , United States of America . Certificate of Formation . The Certificate of Formation is hereby adopted and incorporated by reference in this Operating Agreement . In the event of any inconsistency between the Certificate of Formation and this Operating Agreement , the terms of the Certificate of Formation shall govern . Term . The term of the Company shall be perpetual , unless the Company is earlier dissolved in accordance with either the provisions of this Operating Agreement or the Act . Opt - in to UCC Article 8 ; Certificates Representing Ownership of Membership Interest . All membership interest in the Company shall be securities governed by Article 8 of the Uniform Commercial Code as in effect from time to time in the State of Delaware . Such membership interest shall be evidenced by certificates in the form attached hereto as Exhibit B . Such certificates representing ownership of membership interest in the Company may be executed and delivered by the Chief Executive Officer or any other Officer of the Company on behalf of the Company , shall be in the name of the Company , shall set forth the name of the Member and the number , class and series , if any , of any membership interest owned or held by each such Member and shall be a security governed by Article 8 of the Uniform Commercial Code as in effect from time to time the State of Delaware and , to be consecutively numbered or otherwise identified . This provision shall not be amended , and any purported amendment to this provision shall be null and void . Legend . In addition to the legend required by Section 2 . 7 , until ( a ) the securities representing ownership of membership interest in the Company are effectively registered under the Securities Act of 1993 , as amended , or ( b ) the holder of such securities delivers to the Company a written opinion of counsel of such holder to the effect that such legend is no longer necessary under the Securities Act of 1933 , as amended , the Company will cause each certificate representing its securities to be stamped or otherwise imprinted with the following legend : THE MEMBERSHIP INTEREST REPRESENTED BY THIS CERTIFICATE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 , AS AMENDED , OR UNDER THE SECURITIES LAW OF ANY STATE . SUCH MEMBERSHIP INTEREST MAY NOT BE SOLD OR TRANSFERRED UNLESS SUBSEQUENTLY REGISTERED OR UNLESS AN EXEMPTION FROM REGISTRATION IS AVAILABLE . Article 3 BUSINESSOFTHECOMPANY Permitted Businesses . The Company is hereby authorized to undertake any and all lawful acts or activities for which limited liability companies may be formed under the Act . Article 4 BOOKS , RECORDS , AND ACCOUNTING Books and Records . The Manager shall maintain books of account that accurately record all items of income and expenditure relating to the business of the Company and that accurately and 00043789 . DOCX vl DocuSign Envelope ID : BAD973DD -4C5B - 430C - B9D8 - E7D7B7C7BCE7 completely disclose the results of the operations of the Company . Such books of account shall be maintained on the method of accounting selected by the Manager . Article 5 MANAGEMENT 5 . 1 Management . The business and affairs of the Company shall be managed by the Manager , including the authority to direct the day - to - day operations of the Company , including operations involving the sale of power , concurrently with any Officers of the Company who may then be appointed , the authority to direct such activities being hereby vested in such Officers of the Company . Article 6 OFFICERS Number . The Officers of the Company shall be a Chief Executive Officer , Chief Operating Officer , Chief Commercial Officer , Chief Financial Officer and a Secretary ( each an " Officer " and collectively " Officers " ) each as appointed by the Manager . Any two or more offices may be held by the same person . The initial officers of the Company shall be as follows : Chief Executive Officer John Knight Chief Operating Officer and Secretary Eric Hafner Chief Commercial Officer Dana Diller Chief Financial Officer Grant Keefe Election and Term of Office . The Officers of the Company shall be elected or appointed by the Manager . Vacancies may be filled or new offices created and filled by the Manager . Each Officer shall hold office until his successor shall have been duly elected or appointed and shall have qualified or until his death or until he shall resign or shall have been removed in the manner hereinafter provided . Election of an Officer shall not of itself create contract rights . Vacancies . A vacancy in any office because of death , resignation , removal , disqualification or otherwise , may be filled by the Manager for the unexpired portion of the term . Removal . Any Officer elected or appointed by the Manager may be removed by the Manager whenever in its judgment the best interests of the Company would be served thereby , but such removal shall be without prejudice to the contract rights , if any , of the person so removed . Chief Executive Officer . The Chief Executive Officer shall be the principal executive officer of the Company . Subject to the direction and control of the Manager , he or she shall be in charge of the business of the Company ; he or she shall see that the resolutions and directions of the Manager are carried into effect except in those instances in which that responsibility is specifically assigned to some other person by the Manager ; and , in general , he or she shall discharge all duties as may be prescribed by the Manager from time to time . Except in those instances in which the authority to execute is expressly delegated to another officer or agent of the Company or a different mode of execution is expressly prescribed by the Manager or this Operating Agreement , he or she may 00043789 . DOCX vl DocuSign Envelope ID : BAD973DD -4C5B - 430C - B9D8 - E7D7B7C7BCE7 execute for the Company any contracts , deeds , mortgages , bonds , or other instruments which the Manager has authorized to be executed , and he or she may accomplish such execution either individually or with any other officer thereunto authorized by the Manager according to the requirements of the form of the instrument . He or she may vote all securities which the Company is entitled to vote except as to the extent such authority shall be vested in a different officer or agent of the Company by the Manager . Other Specified Officers . The Chief Operating Officer , Chief Commercial Officer , Chief Financial Officer shall assist the Chief Executive Officer in the discharge of his or her duties as he or she may direct , and shall perform such other duties as from time to time may be assigned to him or her by the Chief Executive Officer or by the Manager . In the absence of the Chief Executive Officer or in the event of his or her inability or refusal to act , the Chief Operating Officer shall perform the duties of the Chief Executive Officer , and when so acting , shall have all the powers of and be subject to all the restrictions upon the Chief Executive Officer . Except in those instances in which the authority to execute is expressly delegated to another Officer or agent of the Company or a different mode of execution is expressly prescribed by the Manager or this Operating Agreement , and subject to the limitations contained in any delegation of authority received from the Manager , the Chief Operating Officer , Chief Commercial Officer , Chief Financial Officer may execute for the Company any contracts , deeds , mortgages , bonds or other instruments , and he or she may accomplish such execution either individually or with any other Officer according to the requirements of the form of the instrument . Secretary . The Chief Operating Officer will also serve as the Company ' s Secretary . The Secretary shall keep a register of the post office address of each Member which shall be furnished to the Secretary by such Member . The Secretary shall have the authority to certify this Agreement , resolutions of the Manager , and other documents of the Company as true and correct copies thereof, and in general to perform all duties incident of the office of the Secretary and such other duties as from time to time may be assigned to him or her by the Chief Executive Officer or by the Manager . Salaries . The salaries and other compensation of the Officers shall be fixed from time to time by the Manager . 6 . 1 Indemnification of Officers . ( a ) To the greatest extent allowed by the Act , the Officers shall not be liable to the Member because any taxing authorities disallow or adjust income , deduction or credits in the Company tax returns . Furthermore , the Officers shall not have any liability for the repayment of the capital contributions of the Member . In addition , the doing of any act or the omission to do any act by the Officers the effect of which may cause or result in loss or damage to the Company , if done in good faith and otherwise in accordance with the terms of this Operating Agreement , shall not subject the Officers or their successors and assigns to any liability to the greatest extent allowed by the Act . To the greatest extent allowed by the Act , the Company will indemnify and hold harmless the Officers and their successors , delegees and assigns from any claim , loss , expense , liability , action or damage resulting from any such act or omission , including , without limitation , reasonable costs and expenses of litigation and appeal of such litigation ( including reasonable fees and expenses of 00043789 . DOCX vl DocuSign Envelope ID : BAD973DD -4C5B - 430C - B9D8 - E7D7B7C7BCE7 attorneys engaged by any of the Officers in defense of such act or omission ) , but the Officers shall not be entitled to be indemnified or held harmless due to , or arising from , their fraud , gross negligence , bad faith or willful acts . The foregoing indemnification is limited to the assets of the Company , and nothing contained herein is intended to create personal liability for the Member . ( b ) The Company may purchase and maintain insurance on behalf of any Person who is or was an Officer , employee , or agent of the Company , or who is or was serving at the request of the Company as a director , manager , officer , trustee , employee , or agent of another limited liability company , corporation , partnership joint venture , trust , or other enterprise , against any liability asserted against the Person and incurred by the person in any capacity , or arising out of the Person ' s status as such , whether or not the Company would have the power to indemnify the Person against the liability under the provisions of this Section 6 . 9 . Article 7 RIGHTS AND OBLIGATIONS OF MEMBER Limitation of Liability . The Member ' s liability shall be limited as set forth herein and in the Act and other applicable law . Company Debt Liability . The Member will not personally be liable for any debts or losses of the Company , except as provided in the Act . Article 8 DISSOLUTION AND TERMINATION Dissolution . . The Company shall be dissolved upon the occurrence of any of the following events ( " Dissolution Event " ) : ( a ) the expiration of the term of the Company as provided in Section 2 . 6 ; ( b ) by the written resolution of the Member ; ( c ) upon the death , retirement , resignation , bankruptcy , court declaration of incompetence with respect to , or dissolution of the Member ( a " Withdrawal Event " ) ; ( d ) entry of a decree of judicial dissolution under Section 18 - 802 of the Act ; or ( e ) administrative dissolution under Section 18 - 801 of the Act . Distribution of Assets Upon Dissolution . In settling accounts after dissolution , the liabilities of the Company shall be entitled to payment in the following order : ( a ) to creditors , including the Member if it is a creditor , in the order of priority as provided by law ; and 00043789 . DOCX vl DocuSign Envelope ID : BAD973DD - 4C5B - 430C - B9D8 - E7D7B7C7BCE7 ( b ) to the Member . Certificate of Dissolution . When all debts , liabilities and obligations have been paid and discharged or adequate provisions have been made therefor and all of the remaining property and assets have been distributed to the Member , a certificate of dissolution shall be executed and verified by the Person signing the certificate , which certificate shall set forth the information required by the Act . 8 . 4 Filing of Certificate of Dissolution . ( a ) A certificate of dissolution shall be delivered to the Delaware Secretary of State . ( b ) Upon the filing of the certificate of dissolution , the existence of the Company shall cease , except for the purpose of suits , other proceedings and appropriate action as provided in the Act . Article 9 MISCELLANEOUS PROVISIONS Notices . Any notice or communication required or permitted to be given by any provision of this Agreement , including but not limited to any consents , shall be in writing and shall be deemed to have been given and received by the Person to whom directed ( a ) when delivered personally to such Person or to an officer or partner of the Person to which directed , ( b ) twenty - four ( 24 ) hours after transmitted by facsimile , evidence of transmission attached , to the facsimile number of such Person who has notified the Company and the Manager of its facsimile number , or ( c ) three ( 3 ) business days after being posted in the United States snails if sent by registered or certified mail , return receipt requested , postage and charges prepaid , or one ( 1 ) business day after deposited with overnight courier , return receipt requested , delivery charges prepaid , in either case addressed to the Person to which directed at the address of such Person as it appears in the records of the Company or such other address of which such Person has notified the Company and the Manager . Application of Delaware Law . This Operating Agreement , and the application of interpretation hereof, shall be governed exclusively by its terms and by the laws of the State of Delaware , and specifically , the Act . Construction , Whenever the singular number is used in this Operating Agreement and when required by the context , the same shall include the plural , and the masculine gender shall include the feminine and neuter genders and vice versa ; Headings . The headings in this Operating Agreement are inserted for convenience only and are in no way intended to describe , interpret , define , or limit the scope , extent or intent of this Operating Agreement or any provision hereof. Severability . If any provision of this Operating Agreement or the application thereof to any Person or circumstance shall be invalid , illegal or unenforceable to any extent , the remainder of this Operating Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law . 00043789 . DOCX vl DocuSign Envelope ID : BAD973DD - 4C5B - 430C - B9D8 - E7D7B7C7BCE7 IN WITNESS WHEREOF , the undersigned has executed this Operating Agreement as of the date first set forth above . TAELOR SOLAR 1 , LLC TAELOR SOLAR HOLDCO , LLC its Member and Manager DocuSigned by : DocuSigned by : By : By : y w ig .; 26hief Executive Officer John _ _ WcfaigE, xiecutive Officer DocuSign Envelope ID : BAD973DD -4C5B - 430C - B9D8 - E7D7B7C7BCE7 EXHIBIT A MEMBERS THIS SCHEDULE MAY BE AMENDED FROM TIME TO TIME TO REFLECT THE ADDITION OF NEW MEMBERS , THE ISSUANCE OF NEW MEMBERSHIP INTEREST , THE SALE OR EXCHANGE OF MEMBERSHIP INTEREST , OR OTHER SHIFTS OF MEMBERSHIP INTEREST PURSUANT TO THE OPERATING AGREEMENT OR A CHANGE OF ADDRESS OR FACSIMILE NUMBER OF A PERSON FOR WHICH NOTICE WAS GIVEN TO THE COMPANY PURSUANT TO THIS OPERATING AGREEMENT . Name and Address Telephone Number Percentage Interest + 1 501 - 387 - 0943 100 % Taelor Solar Holdco , LLC , 310 E . 100 S . , Moab , Utah 84532 TOTALS 100 % DocuSign Envelope ID : BAD973DD -4C5B - 430C - B9D8 - E7D7B7C7BCE7 EXHIBIT B THE MEMBERSHIP INTEREST REPRESENTED BY THIS CERTIFICATE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 , AS AMENDED , OR UNDER THE SECURITIES LAW OF ANY STATE . SUCH MEMBERSHIP INTEREST MAY NOT BE SOLD OR TRANSFERRED UNLESS SUBSEQUENTLY REGISTERED OR UNLESS AN EXEMPTION FROM REGISTRATION IS AVAILABLE . THIS CERTIFICATE EVIDENCES AN INTEREST IN THUNDERHEAD WIND ENERGY LLC AND SHALL BE A SECURITY GOVERNED BY ARTICLE 8 OF THE UNIFORM COMMERCIAL CODE AS IN EFFECT FROM TIME TO TIME IN THE STATE OF DELAWARE AND , TO THE EXTENT PERMITTED BY APPLICABLE LAW , EACH OTHER APPLICABLE JURISDICTION . CERTIFICATE FOR MEMBERSHIP INTEREST IN TAELOR SOLAR 1 , LLC Certificate No . 1 The undersigned , as the Manager of Taelor Solar 1 , LLC , a Delaware limited liability company ( the " Company " ) , hereby certifies that Taelor Solar Holdco , LLC , a Delaware limited liability company , is the holder of 100 % of the membership interest in the Company to the extent and as described in the Operating Agreement of the Company , effective as of January 25th , 2023 , as amended and restated from time to time ( the " Agreement " ) ( a copy of which is on file at the principal office of the Company) . All capitalized terms not otherwise defined herein have the meanings ascribed to them in the Agreement . This Certificate is not negotiable or transferable except by operation of law , or as otherwise provided in the Agreement , and any such transfer will be valid only upon delivery of this Certificate , together with an assignment in a form sufficient to convey an interest in a limited liability company pursuant to the Delaware Limited Liability Company Act , 6 Del . Code § § 18 - 101 et seq . , as such may be amended and in effect from time to time , or any successor statute thereto , duly executed , to the transferee Member of the Company . •Dated : January 25th , 2023 TA LIP ' fil am ' - • LDCO , LLC By '! Title : Chief Executive Officer Project Narrative Tae or Solar 1 , LLC Ia . ea low aisle i " a ea BALANCED ROCK POW E R Table of Contents 1 . Project Overview a . Transmission Lines , Interconnection b . Generating Capacity c . BESS and Substation Facilities d . Support Facilities e . Construction Plan f . Operation & Maintenance 2 . Project Development Schedule a . Employment and Work Schedules b . Phases c . Timetable and Milestones 3 . Site Selection a . Existing Land Uses b . Water Use and Existing Irrigation Systems c . Soil Capability and Agricultural Productivity d . Relationship of Project to Local Land Use e . Use of Existing Easements and ROW f . Impact on Agricultural Resources g . Impacts on Socioeconomic Development h . Minimizing Adverse and Maximizing Positive Impacts 4 . Project Impacts a . Affected Properties b . Hydrologic Impacts c . Geologic Impacts d . Pedologic Impacts e . Biotic Impacts f . Visual Impacts g . Archaeological Impacts h . Noise i . Stormwater Management and Water Pollution j . Dust Mitigation and Revegetation k . Waste and Hazardous Materials I . Fire Protection m . Site Security and Fencing 5 . Access Plan 6 . Development Standards a . Height Limitations b . Glare c . Setbacks 7 . Underground Cables 8 . Fencing 9 . Access Permitting 10 . 1041 Approval Criteria i Appendices Appendix A — Application and Narrative Checklist Appendix B — Site Map / 1041 SEF Map Appendix C — Hazards and Emergency Procedures Appendix D — Preliminary Drainage Report , Erosion Control Plan and Hydrology Report Appendix E — Dust and Weed Mitigation Plan , Vegetation Management Plan Appendix F — Fencing Plan Appendix G — Floodplain Impact Statement Appendix H — Decommissioning Plan Appendix I — Incorporation Documents Appendix J — Deed Identifying Surface Ownership Appendix K — Buffer Report and Affidavit Appendix L — Community and Agency Outreach Summary Appendix M — Glare Study Appendix N — Cultural Resources Analysis Appendix 0 — Wildlife Study Plan Appendix P — Wetland Study Appendix 0 — Access Plan and Traffic Study Appendix R — Visual Simulations Appendix S — Economic Impact Study Appendix T — Equipment Noise Reports Appendix U — Title Report ii 1 . Project overview The Applicant proposes to construct , operate , maintain and decommission the Taelor Solar 1 Project ( " Project " or " SEF " ) . The Project would bean up to 650 - megawatt ( " MW " ) alternating current ( "AC " ) solar photovoltaic ( " PV " ) power generating facility with a battery energy storage system ( " BESS " ) of up to 1 , 300 MWh on approximately 4 , 300 acres of private land in southeastern Weld County, Colorado as shown in Figure 1 . � . . � asse nal ist te �- - _ _ _ L86 Pram - I Nato n ad rtassaands 85 r • • a .415ie 39 ') Frikin 34 34 , 34 ar ,-.,t it *" 34 34 al ` 85 Fort Morgan : tea43 ti t t A sit 0 85 Project Site 11;I1 85 Figure 1 . Project Location The Project is located approximately 5 . 5 miles southwest of the Town of Wiggins in unincorporated Southeast Weld County . The site abuts the Morgan County line . Access to the area is provided via Interstate Highway 76 ( 1 - 76 ) which is about 1 . 5 miles north of the site . Access to the area north of the railroad that crosses the site would be provided via a railroad crossing located in Section 34 . Additional details are provided in the proposed Access Plan for the project , Appendix C . The table below along with Figure 2 identifies the parcels and the legal descriptions included in the Project . All Project facilities would be located on private lands . 1 PROJECT PARCELS Range Section Parcel No . Acres Township g ( per County Assessor ) 1 129901000006 629 2 129902000001 630 3 129903000005 320 3 129903000006 321 2 North 61 West 10 129910200006 166 10 129910100005 258 11 129911000006 197 14 129914000012 37 15 129915000009 39 15 129915100002 3 32 122132000006 120 33 122133000002 640 3 North 61 West 34 122134000004 600 34 122134000003 34 35 122135000003 197 35 122135000004 118 TOTAL 4308 iI, _ rf V =- . • . slie 1 OM . : , . i 0 sit 1 lh> _ e w ta, . � _ t p . el ' `� 1 a v - . , dt „ e 1 , 1 A 11 \ , . \ , ti e, ' Li • 44- 0 i ± "it .-“1,,, 4 )) k‘, 4tc. Ate. I- p . . - .") V . + _ and il SLQ • z ib � � - I T et, e ,% , xi eifrist • . * % c, - ) kmrs, , , cfciantr' --e ----) veie3 ").4weR -20 I , _ nin s 4. 4 ,, ,-- r I A! . ± te . , \, ---,.,, ,, ' � � 1 # - , c , ,i. :,. , ° c- ci ±- 6 \ r I to Sat WC / 4 . - - - - - — . _ Figure 2 . Project Parcels 2 The Project will use PV modules to convert sunlight into direct current ( " DC " ) electricity that would be collected and converted to AC electricity though a system of inverters . Transformers would step up the AC electricity to medium voltage ( 34 . 5 kV or similar ) and the energy would be delivered to the onsite substation . There the electricity would be stepped up to transmission voltage before connecting to the bulk transmission system - the Point of Interconnection ( " POI " ) . The POI will be located near the center of the Project site in the vicinity of the BESS Facility and Project Substation as identified in the Site Map . A preliminary layout for the Project is shown below in Figure 3 . i i ese.% - 1 — vintogg..... , . * COUNTY TUNE ! I AN OWNER - I 1 17 S STATI N AREA I / � f ,�R`` U £ I4� N II f a I les . I - - * * * 1 - 1 / \ ,: A Mrs 9- , f° 1 �"' . o , , • . _ 1 - \\ I\ i tfi i -- _ ire. � = " SEZHA4K 1 " id i - . ft N.h‘ hM....r I i I I . a . - �� Ili d + _ %eh ' - _ y ` - C 14X t71Aty t . a4 : > et fi RAILROAD ar4 + 44.1.4 + * + + 4 . 1 + ,41" 114 I + + + t _ xcrs5twcs ( — CIrrri_ I H \ A I firl i / \ a . 1 II: I. : 11 : ; A I 1, i " \I i 1 I i 1 11 \ - RAILROAD — I ' 1 , I - - • o , i Oj 1 al 7 I r 1 . l it , . f - I , . . _ ( � E�STEflnLa11 PARCEL — � , � — I 11., _ fri Z R' SETBACK -- -- • .m . 4 I i , —I ' _ 1 - 1 r, __ _ L. _ + _ ___ . _ _ __. „. v L _. ! 1 . � - Ajar / 1 J il 7 wItr _ • Gt ) tfNAY ROAD 95 I tRANsMIS.SIUN i_ INIL Ifj\ - d 1 .-- � - � SEcfIOFt LIME — —_ I n itA' SMACKJ ` - 30 ' sr illkCX — - 3 -) 1 _ _ - Ifrt. -±J)4.Cy -4 rf. Hni . , 2 ' , NI , ,r_i l 1 � — 1 I 1 ri Irk" • r3 --j 1- stee ___ cobentiozer ___ ____ _ \NN 1 eiti% h I s i - "sr; - ri-1-1-- I I 1 t___ _ - _ , 11 _ran Nj . 1 , , misstotimPs GFJ2TiF1 4TIt N 1I I I - •- - RESIDENTIAL BUILDINGS 41no tic MACK , ars. Yietd Gordy . CiGloracto . does try osntgm anct adopt _. rnent Standlantts as shown and desrx + txod -iemeel this Figure 3 . Preliminary Project Layout with POI Identified The selected Engineering , Procurement and Construction ( " EPC " ) contractor will prepare a final design based on the most appropriate technology available and final mitigation requirements incorporated into the Project . Manufacturer, size , quantities , and dimensions would vary somewhat based on vendors / technologies selected . All facilities would be within the parcels described in this narrative and shown on the Site Map . Major components of the solar generating facility include the following : • Solar arrays consisting of solar PV modules on single - axis horizontal tracker mounting systems ( or similar ) . DC collection lines from each module to Power Conversion 3 Stations ( " PCS " ) which includes inverter ( s ) that convert DC power to AC power, transformer ( s ) that step up medium voltage , and other controls / data equipment • Aboveground and underground medium voltage collection system from each PCS to the on - site substation • A Project substation with one or more transformers from medium voltage to transmission voltage • BESS facility connected to the solar arrays and Project Substation • Operations and maintenance ( " O & M " ) area • Communications facilities • One or more permanent meteorological stations • Site security and fencing The BESS technology, subject to final design , is expected to use lithium - based batteries housed in containers . The BESS containers would be up to approximately 12 feet tall , 70 feet long , and 12 feet wide , with spacing between containers based on electrical and fire protection design . In addition to the battery modules , the BESS containers would also contain a fire detection system ; alarms and monitoring system ; heating , ventilation and air conditioning ( HVAC ) system ; data collection and control system ; and other electrical wiring and auxiliary systems . a . Transmission Lines , Interconnection Strategy The Project plans to interconnect to Xcel Energy ' s proposed Clean Power Pathway 345 kilovolt ( kV ) transmission line that would cross the site , or another point of interconnection located within the permitted area . As a result , no project - specific transmission lines are anticipated to extend beyond the proposed project boundary . The Applicant made a formal interconnection filing with Xcel Energy in Q1 2024 and will participate in the forthcoming round of interconnection studies with Xcel . Xcel will own and operate the physical infrastructure between the new transmission line and the Project Substation . The precise configuration will be determined during the interconnection study process with Xcel . b . Generating Capacity The Project will have a generating capacity of up to 650 MW - AC . The BESS capacity is planned for 650 MWh , with a possible increase up to 1 , 300 MWh . c . BESS and Substation Facilities In addition to the SEF portion of the Project , the Project will include a BESS and a Substation , required to interconnect the Project to the high voltage transmission system . These are identified on the Project Map available in Appendix B , in particular the sheet titled " BESS & Substation Layout " . The BESS Facility will primarily comprise a series of skids / containers with dimensions similar to shipping containers . 4 The individual BESS Facility containers will be installed close to grade , either on concrete slabs or piers depending on the exact geotechnical conditions . The BESS structures may have " wall pak " style lights if required by the County, but they are not included on all systems . The exact manufacturer has not yet been selected , but any selected equipment will comply with the NFPA 855 standard for stationary energy storage , including fire suppression , detection , and explosion control requirements . There are different methods used by different manufacturers to achieve compliance with the standard . The project substation included in the application will be constructed by and owned by the Applicant . Any additional facilities required for the physical connection of the Project would be built and permitted separately by Xcel Energy . The Project Substation will be built at the same time as the SEF and BESS Facilities . d . Support Facilities Temporary facilities on the solar site would include areas for construction trailers and parking ; storage areas for equipment , materials , recycling , and waste ; water storage pond or tank ( s ) , septic system , generators / power service , and communications used during the construction phase . These temporary areas would be located within the solar facility fence . The precise number of construction trailers will be determined prior to the start of construction , but in general approximately 5 - 7 construction trailers are expected on site to accommodate the prime contractor, owner, and other construction management personnel . No trailers are planned to be left on site post - construction . In addition to construction trailers , during construction approximately 10 conex containers are expected to be kept in the laydown area for parts storage and to assist with the staging of construction . Post - construction approximately 2 - 4 conex containers will be retained to provide for storage of spare parts . Other than these containers used for spare parts storage , no permanent structures are planned for the staging and laydown areas . Additional support facilities are described below : Operations Building Area An operations area would be constructed at a centralized location on the site near the project substation . This area would cover up to 10 acres and include an operations and maintenance ( O & M ) building , possible water storage , materials storage , and parking . The O & M Area is shown on the conceptual site plan . Communications Communication service to the Project would be provided by local service providers and / or microwave tower. The Project would have onsite communication lines connecting the Project components . Redundancy in the communication system would be provided as required by the Interconnection Agreement and / or power purchase agreement ( " PPA" ) . Communications lines could be aboveground or underground . 5 Meteorological Stations One or more permanent meteorological stations would be installed on posts approximately 15 feet high within the Project site and would remain during Project operations . The quantity and locations of met towers would be determined during final design . e . Construction Plan Construction is estimated to take approximately 24 to 36 months . Construction on the solar site is expected to start with the installation of the perimeter fencing . Site preparation and the installation of solar equipment is expected to move continuously across the site from one array to the next . Substation and interconnection construction would occur in parallel with construction of the solar arrays . The selected Engineering , Procurement and Construction ( " EPC " ) contractor would prepare the final design based on technology available and would determine construction methods . The layout , quantities , schedule , and techniques may change . The EPC would provide a detailed construction schedule prior to the start of construction . Site Preparation Limited grading is expected for the site . Vegetation would be removed only as needed for construction and maintenance . This is expected to occur for locations of site roads , buildings , equipment enclosures , substation , and met stations where localized grading would be needed within the solar array . In other areas , vegetation could be mowed as needed for construction safety . A detailed grading plan would be provided to the County for review and approval prior to construction . A dust and weed mitigation plan is included as a part of this application in Appendix E , along with a vegetation management plan . Trenching and excavation for foundations , underground electrical components , drainage improvements , etc . would be performed using appropriate equipment . A geotechnical investigation has been completed that provides recommendations and requirements for foundation systems . Solar Equipment Installation Construction of the solar field would occur by arrays across the solar site . Steel posts or piles would be driven into ground at surveyed locations and per design . The piles would be driven into the ground approximately six to twelve feet depending on specific soil conditions as determined by the results of the site geotechnical survey . Drilling into rock may be required if encountered . Trenching and underground cable installation would occur in parallel . The single - axis tracking mounting system would be assembled and secured to the posts . Then PV modules ( panels ) would be installed on the mounting system along with the wiring to connect them . 6 Power Conversion Stations ( PCSs ) Power Conversion Stations ( PCSs ) typically include inverter ( s ) , transformer ( s ) , and related e quipment . PCSs would be delivered on one or more skids and are typically lifted onto a foundation by crane . Collection System A DC electrical collection system would be installed aboveground or underground in the array areas to deliver the energy generated by the PV panels to the PCSs . Underground AC collection lines would be built to deliver the energy from the PCSs to the site substation . Substation Construction Construction of the onsite substation would be initiated with grading , installation of a grounding grid and underground conduit , backfilling , and compaction . Concrete foundations and containment systems would then be installed followed by electrical structural equipment including lightning protection . Transformers , breakers , and other e quipment enclosures would be installed on to foundations . Fencing would be installed around the entire substation site . Inspection , testing and commissioning of equipment would be conducted in accordance with an interconnection agreement with the interconnecting utility . Gravel , Aggregate , Concrete Needs and Sources Gravel and aggregate could be used for internal access roads , parking , foundations , trenches , stormwater protection and erosion control . Some electrical equipment could have pre - cast concrete bases or concrete could be delivered to site . These materials would be sourced from local providers that would be identified prior to construction . Construction Power Construction power would be provided by a local electrical service provider via distribution line or by on - site generators . If a construction power service main is installed , it would likely remain in place during operations for the O & M building . Stabilization , Protection , and Reclamation Practices The Project would implement plans for soil stabilization and protection and apply Best Management Practices ( BMPs ) throughout construction and operations . During and following construction of onsite facilities , appropriate water erosion and dust - control measures would be implemented to prevent increased dust and erosion . Dust generated by construction would be controlled and minimized by applying water and , if needed , approved palliatives could be applied to newly constructed interior site access roads . Soil stabilization measures outlined in a stormwater management plan ( SWPPP ) would be u sed to prevent soil being eroded by stormwater runoff during construction and operation . Further details are available in the dust and weed mitigation plan and vegetation management plan included with this application as Appendix E . 7 f . operations and Maintenance The O & M requirements for a PV solar generation facility are minimal and typically include regular monitoring , periodic inspections , and conducting any needed maintenance and repairs . The Taelor Solar Project is expected to be energized continuously with generation from sunlight or backfeed from the Project switchyard . Remote monitoring of the operations would provide safety and optimization controls plus provide reporting and alerts . Any outages for maintenance would typically be scheduled during the nighttime and local task lighting would be downward - casting and used only in the specific area of work . The O & M building would house the administrative and management activities as well as store parts and supplies . In addition to routine inspections of components , the Project fences , roads , and drainage facilities would be inspected after significant weather events . Repairs would be performed by the O & M workforce or contracted specialists as needed . PV panel washing could occur periodically if needed . The O & M workforce is estimated to be approximately 10 full - time equivalent workers . Operation and maintenance would require the use of vehicles and equipment for minor maintenance . Pick - up trucks and ATVs could be used daily on the site and no heavy equipment would be used during normal plant operation but would be brought in only when needed for repairs or replacements . 2 . Project Development and Construction Schedule Currently, the development schedule for the project is for construction to start in Q4 2025 with commercial operations scheduled to begin in Q2 2028 . The project is in mid - stage development with all major preliminary environmental studies and preliminary engineering completed . a . Employment and Work Schedules The construction workforce on site would be expected to peak at approximately 450 workers , with the overall average during construction closer to 300 . Construction traffic to the site would include commuting construction workers and the delivery of materials and equipment . Workers would commute daily and could carpool . Materials would be delivered to the site during construction periodically throughout the day via trucks . Once delivered to the site , construction equipment would be used on site for the construction phase and transported off when no longer needed . On - site construction equipment may include tractors , disk / tillers , vibratory rollers , excavators , graders , dump trucks , end loaders , trenching machines , pumps , augers , pile - drivers , forklifts , water trucks , cranes , a variety of truck mounted equipment , and additional support vehicles . 8 Construction would be conducted typically during daylight hours on weekdays . Weekend and nighttime construction activities could be needed . If nighttime construction is needed , lighting would be provided by portable downward - casting lights that would only illuminate the local work area . Additional detail on site access and traffic is available in Appendix Q to this application . b . Future Phases or Extensions While not currently anticipated , the Project could be phased if commercially necessary to meet contractual requirements . c . Timetable for Planning and Milestones Major project development and construction milestones are shown in the table below . The Project is expected to have a useful life of at least 30 years , meaning that Project decommissioning is unlikely to occur prior to approximately 2058 . t Date Morgan County Permitting i st Quarter 2024 Weld County Permitting 3rd Quarter 2024 Interconnection Agreement Signed 4th Quarter 2025 Start of Construction 4th Quarter 2025 quipment Deliveries 4th Quarter 2025 Construction Duration 22 Months Energize Grid 4th Quarter 2027 Commercial Operation Date 2nd Quarter 2028 9 3 . Site Selection The Project is located on approximately 4 , 300 acres of private land in unincorporated Weld County . a . Description of Existing Land Uses The majority of the Project Site is former pasture ground that currently has no productive use . Having suffered from overgrazing , the current owner has not been able to use it as pasture since acquiring the land . A small portion of the site , approximately 594 acres , is in agricultural use for crop production ( predominantly corn ) . While there are some areas currently in production , the landowner has reported that the performance of these areas is marginal at best and does not believe this current use represents their highest and best use . b . Water Use and Existing Irrigation Systems Water is not required for PV generation , though it can be used for panel cleaning . The Project would require water during construction primarily for dust control as well as some minor consumptive use for concrete and other needs . Water consumption during operation would be relatively low and primarily for potable uses by site personnel and possible periodic washing of panels . Construction water needs are estimated to be up to approximately 250 acre - feet ( "AF " ) per year over the course of the construction period . Estimated operational water requirements would be up to 15 to 30 acre - feet per year ( "AFY " ) . The Applicant plans to purchase construction and operations water from the landowner from existing wells . The landowner currently controls eleven ( 11 ) irrigation wells on the Project site , with well permit numbers : 8309 - RFP, 8310 - RFP, 8311 - RFP - R , 12356 - RFP, 12357 - RFP, 3967 - FP, 6984 - RFP, 6985 - RFP, 6986 - RFP, 8793 - RFP, and 14705 - RFP. Pursuant to Applicant ' s agreement with the landowner, prior to the start of construction one or more of these wells will be transitioned to commercial use to meet the water requirements of the Project . Drinking water may be delivered to the site during construction and operations . Existing irrigation systems The proposed Taelor Solar Project would remove the central pivot irrigation systems on the agricultural lands in production where the project would be developed with the consent of the landowner, as described above . The Project would not interfere with any other irrigation systems adjacent to the solar facility . 10 c . Soil Capability and Agricultural Productivity As discussed above , the majority of the Project Site is former pasture ground that currently has no productive use . Having suffered from overgrazing , the current owner has not been able to use it as pasture since acquiring the land . Figure 4 shows the Natural Resources Conservation Service ( " NRCS " ) soil types for the site . -111/4"4111f . , L . 1 0 F Ct Components `, • 'JPA *1W K . 1 ` � . • • .• Project 9a rraday s'a9r14rii4u # tal9 1 . � -454 - - - z T ` ' - -4 7 iii , , _ �, . �, IN- 1 I County 8ary ASoils Oh ' Brener sandy pant. , . . - . All 0 to 3 percent slopes s d colornto clay ? oaen , ;Want $40PeS iw t Zel n i rt:IL ' °i, 7.1n1 1� Colombo clay loam , . __ _ iti, _ . * j i 1D 3 percent slopes • • I r; ' 7 ] averson loam , 1 to 3 percent elopes V .' • i i Osgood sand 0 l0 3 percent slopes Ila II1 S Y i TAKE VatenC Barad . 0 to 3 percent sWDe f � g ' valent sand 3 to 9 percent slopes 11 -14. ;4:7•1 1 e t ‘1/4.r . 4 : WO . . . . :. ,,;, gar ILai I . HYGRQLOOIC SOILS GREX: PS 1 I Soil Typo Hytliolouic Or uP I . i E7ese - e Irmo' 6 -64 . r Ft4hrr; lon El I 05400e •• I ' 141eri1 0 I 1 ' yk ; 1 Natk iSili 4 MI ar • TELOR SOLAR I PROJECT WELD COUNTY al 4117-0-3) -. - , Figure X - etAgirt . 1 NRCS Sods Map Mop Caen!. Morgan. ' e i Counties. Colorado • por _co 7i%ti: r tail Mc+ a ktriS714 POW MI lSi Irekr fS+. At. 17brPts l3F � d k15aMlS:iva! tlal _ _ _ _ — _ _ Figure 4 . NRCS Soil Types In addition to soil types , The NRCS provides classifications of the agricultural productivity capability of the land for each soil type . Capability classes generally identify the suitability of soil for agricultural crops . There are eight capability classes designated Class I through VIII with the higher numbers having the greatest limitations for agricultural production . In addition , in dry climates like Colorado , capability classifications are also provided to differentiate the capabilities related to whether the land is irrigated . The table below shows the capability classes for each soil that occurs on site . As shown below, the majority of the site ( > 75 % ) features low - capability class 6 soil . The NRCS also documents hydrologic groups of soils , which are used to estimate potential runoff from precipitation based on the infiltration rates of the soils . As shown on the soils map and the table below, most of the soils on the site are classified in either hydrologic soil Group A ( having high infiltration rates ) or Group B ( having moderate infiltration rates ) . 11 The Hydrologic properties of the soils , including the limited areas with class C hydrology, have been considered in the preliminary drainage report and erosion control plans presented in Appendix D of this Application . Soil properties on the Project site are summarized below . SITE SOIL PROPERTIES Soil Type Agricultural Capability Hydrologic Percent of Project Site Class ( Non - Irrigated , Group Irrigated ) Bresser sandy loam , 0 - 3 % 4 , 4 B < 1 % Colombo clay loam , 0 - 1 % 3 , 1 C 17 % Colombo clay loam , 1 - 3 % 3 , 2 C 3 % Haverson loam , 1 - 3 % 4 , 3 B 4 % Osgood sand , 0 - 3 % 6 , 4 A 1 % Valent sand , 0 - 3 % 6 , 4 A 6 % Valent sand , 3 - 9 % 6 , 4 A 68 % d . Relationship of Project to Local Land Use The site and surrounding areas are zoned for agriculture ( Zone A ) by Weld County . Most of the adjoining parcels are undeveloped pasture ground with some historic oil & gas development . There is also some local farming activity generally in the vicinity of the Kiowa Creek drainage . In addition , the new Xcel Energy Colorado Power Pathway 345 - kV transmission line will cross the Project site , making this a highly suitable location for the Project . County Zoning Based on the Weld County Zoning Ordinance , solar is a compatible use in the Agricultural zone . Article III , Division 1 of the Weld County Zoning Ordinance outlines the objectives and requirements for the Agricultural ( A ) zoning district . In May 2021 , Weld County updated their permitting requirements for solar projects . Specific updates regarding solar included a requirement for a 1041 permit for Solar Energy Facilities of more than 320 acres in the ag / rural area . Accordingly, this application was prepared to meet the 1041 SEF permit requirements . In addition to the requirements for solar project development , Weld County has identified Opportunity Zones in the County where commercial and industrial uses are preferred to be located . An opportunity zone has been delineated on the project site within one - quarter mile of the railroad that crosses the site . 12 e . Use of existing easements or ROW The Project has been sited to take advantage of existing easements and ROWs where feasible . In particular, the site straddles the existing BNSF railroad line , which corresponds to the routing of the new Xcel Colorado Power Pathway 345 - kV transmission line . Access to this transmission line ROW is critical to the effective siting of a project like this one . In addition , the Project will provide vehicular access for construction and operation from e xisting CDOT and Weld County roads , as more completely described in Appendix Q . f . Impact on Agricultural Resources The Project is not expected to have a major impact on agricultural resources . As stated previously, the majority of the site is currently unused formerly low - grade pasture ground . g . Impact on Physical and Socioeconomic Development The construction of the Project will represent a significant increase in the economic productivity of the proposed land , including its contribution to the Weld County tax base . The anticipated economic benefits of the project are more fully described in Appendix S of this Application . h . Minimizing Adverse Impacts and Maximizing Positive Impacts Once constructed , solar projects of this type are quiet , low - profile and require little maintenance . Solar projects are generally quiet neighbors compared to many other Zone A u ses . To demonstrate this , the Applicant developed visual simulations of the project from key ✓ antage points that are included as Appendix R of this Application . While the Project will result in an increase in local traffic during construction , the Applicant has made efforts to minimize the impacts of this phase of the Project as more fully detailed in the Access Plan included as Appendix Q of this Application . Overall , the Applicant believes that the minor disruptions that may occur during the construction phase of the Project are far outweighed by the increase in productivity it will bring to this land and the economic benefits it will bring to the County . 4 . Project Impacts a . Affected Properties The Applicant has provided the required Buffer Report with this Application in Appendix K . This identifies all neighboring landowners within 1000 feet . 13 There are no Affected Properties outside the Project boundary that will be physically impacted by the construction of the Project . Site access will be via existing public roads and Project interconnection will be via an Xcel - owned transmission line crossing the Project site . For additional information pertaining to the parties that have an interest in the Project site , a Title Commitment for the Project area has been included with this application as Appendix U . The Applicant has been actively involved in the local community for some time related to the development of the Project . Appendix L provides a summary of the community and agency outreach activities that have been undertaken to date . b . Hydrologic Drainages crossing the site were evaluated to determine whether they could be considered jurisdictional under the Clean Water Act . Data provided by the National Wetlands Inventory ( NWI ) indicated a few small potential jurisdictional waters could be scattered throughout the site . Further field analysis confirmed that none of these areas are connected to downstream waters so are not expected to be considered jurisdictional . The underlying Wetland Study is included as Appendix P of this Application . Prior to commencing construction , the Project will obtain a determination of jurisdictional waters from the US Army Corps of Engineers prior to commencing construction . The Applicant has also developed a drainage study, erosion control plan and hydrology analysis to fully understand stormwater behavior on the site and ensure its ability to comply with all associated County, State and Federal regulations . c . Geologic There are no areas of geologic importance identified in the Project area and no geological hazard areas identified by the County . There are no current oil / gas wells or facilities on the site but there are mineral rights owners as outlined in the mineral ownership reports . All mineral rights owners will be contacted as a part of the permitting process . d . Pedologic Impacted soils are described more fully above in section 3 . c . In general , the Applicant believes that the Project represents a valuable economic use of what are , overall , relatively marginal agricultural lands . 14 No mineral surface use agreements are currently in place . Mineral interest holders will be noticed per Colorado State Statute and County requirements as part of the application process and , if applicable and required , surface use agreements will be obtained . e . Biotic The potential for impacts to sensitive species or habitats were evaluated using data available from U . S . Fish and Wildlife Service ( " USFWS " ) , the Colorado Natural Heritage Program ( " CNHP " ) , and Colorado parks and wildlife ( " CPW " ) . Suitable habitats for listed state and federal plant and animal species do not occur on the site . The site was evaluated for biological resources from and combination of on - site surveys and review of available data . The sensitive biological resources that have the potential to occur or are known to occur within the Project area are based on information provided by the USFWS Information for Planning and Consultation ( " IPaC " ) tool , the CNHP Conservation Data Explorer, consultation with CPW, and evaluation of aerial photography . The IPaC lists federally listed species with the potential to occur . Two plant species - the western prairie fringed orchid ( Platanthera praeclara ) ( threatened ) and the Ute Ladies ' - tresses ( Spiranthes diluvialis ) ( threatened ) were identified as having the potential to occur within the Project area . Suitable habitat for the orchid includes moist tallgrass prairies and sedge meadows and this habitat does not occur in the area based on site surveys and aerial photography review . Additionally, the western prairie fringed orchid would need to be considered if the Project includes new water use in the North Platte , South Platte or the Laramie River basins . The Project is located in the South Platte River basin so if a new water source is planned , an evaluation could be needed for this species . No new water source is proposed . Ute Ladies - tresses orchid habitat includes riparian edges , gravel bars , old oxbows , high flow channels , and moist to wet meadows . There is no suitable habitat for this species in the area based on site surveys and aerial photography review . Also , the CNHP data has no records of plant Special Status Species in the area . The CNHP also maintains data for all known Special Status Species and their habitat , all Potential Conservation Areas ( " PCAs " ) , and all Network of Conservation Areas ( " NCAs " ) within the State of Colorado . The CNHP data search indicated there are no CNHP designated PCAs and no NCAs located within a two - mile radius surrounding the Project area . The IPaC includes three listed birds that could be potentially affected by Project activities - eastern black rail ( Laterallus jamaicensis ) ( threatened ) , piping plover ( Charadrius melodus ) ( threatened ) and whooping crane ( Grus americana ) ( endangered ) . It also lists one fish - pallid sturgeon ( Scaphirhynchus aibus ) ( endangered ) , one mammal - Preble ' s meadow jumping mouse ( Zapus hudsonius preb / ei ) ( threatened ) , and one insect - monarch butterfly ( Danaus plexippus ) ( candidate ) . 15 Piping plovers , eastern black rail and whooping crane may migrate over the Project area , but there is no suitable breeding or foraging habitat within the Project area . The eastern black rail inhabits shallow wetlands dominated by cattails . The whooping crane relies on habitat provided in portions of the Platte River system well downstream of the Project area and does not occur near the Project area . The pallid sturgeon occurs in large perennial rivers which are not present in the Project area . These species are vulnerable to water depletions ; however, because no water depletions or disturbance to aquatic systems are anticipated to occur with a solar facility no impacts are expected . The Preble ' s meadow jumping mouse is found in shrub dominated riparian habitats and immediately adjacent upland habitats . There is no suitable habitat for this species within the Project area . The monarch butterfly could be present within the Project area . The potential for the monarch to occur would be based on the presence of flowering plants , most importantly the presence of milkweed . The CNHP data search also reveals no documented occurrences of wildlife Special Status Species . Preble ' s meadow jumping mouse is the only species listed as having the potential to occur . Overall , there is a very low risk to species protected by the Endangered Species Act ( " ESA" ) . There are nine species listed by the State as Endangered , Threatened , or Species of Special Concern that have the potential to occur within the Project area ( summarized below ) . State - listed Special Status Species are not provided statutory protection unless the species is also protected under the umbrella of a Federal program such as the ESA , migratory bird treaty act ( " MBTA" ) , or the bald and golden eagle protection act ( " BGEPA" ) . These state - listed species would generally be at no / low risk from Project implementation but there could be suitable habitat for some of them in the area including burrowing owl , ferruginous hawk , mountain plover, long - billed curlew, black - tailed prairie dog and common garter snake in the area . There could also be suitable foraging habitat for golden eagle but there does not appear to be suitable nesting habitat nearby . 16 State Special Status Species Common Name Scientific Name Status Amphibians Northern Leopard Frog Lithobates pipiens State special concern Birds Golden Eagle Aguila chrysaetos BGEPA Burrowing Owl Athene cunicularia State threatened Ferruginous Hawk Bute ° regalis State special concern Mountain Plover Charadrius montanus State special concern Long - billed Curlew Numenius americanus State special concern Fish Iowa Darter Etheostoma exile State special concern Mammals Black - tailed Prairie Dog Cynomys ludovicianus State special concern Reptiles Common Garter Snake Thamnophis sirtalis State special concern CPW was consulted to identify other potential species of interest in the project area . The following species were identified as species of concern : CPW - Indentified Species Species Common Name Species Scientific Name Potential to Occur Swift Fox Vulpes velox Moderate potential to occur — Suitable prairie habitat is present . Plains Sharp - tailed Grouse Tympanuchus phasianellus jamesii Moderate potential to occur — Suitable prairie habitat is present . Greater Prairie Chicken Tympanuchus cupido Moderate potential to occur — Suitable prairie habitat is present . Golden Eagle Aquila chrysaetos Moderate potential to occur for foraging purposes — Suitable open habitats for foraging are present , but no nesting habitat is present . Western Burrowing Owl Athene cunicularia hypugaea Moderate potential to occur for nesting and foraging purposes — Suitable open habitats for foraging are present , burrows may be present for nesting . Black - tailed Prairie Dog Cynomys ludovicianus Moderate potential to occur — Suitable prairie habitat is present . Preble ' s Meadow Jumping Zapus hudsonius preblei Low potential to occur — Suitable Mouse riparian habitat is not present . Pronghorn Antilocapra americana Moderate potential to occur — Suitable open habitat is present . Mule Deer Odocoileus hemionus Moderate potential to occur — Suitable open habitat is present . Raptors n/a High potential to occur - suitable habitat is present for several raptor species . Bat Species n/a Low potential to occur — Lack of suitable roosting habitat . 17 There are no lakes , reservoirs , or perennial streams on the proposed site . Therefore , as discussed above , there are no effects anticipated for water - dependent plant and animal species . Consultation with CPW determined that surveys would be conducted for greater prairie chickens , plains sharp - tailed grouse , swift fox , prairie dog colonies / burrowing owls , and nesting birds . In addition , preconstruction surveys for nesting birds would be conducted . These surveys would be conducted during 2025 prior to the start of construction . The results of these surveys will help refine the final wildlife mitigation plan discussed below . A Wildlife Study Plan for the Project was developed in consultation with CPW and is included with this Application as Appendix O . f . Visual Locations within a half - mile radius of the proposed Project site were evaluated to identify those from which the facility could be viewed . Also , its proximity to residences was also assessed . The Applicant developed visual simulations of the Project from key observation points , including nearby residences and County roads . These simulations are included as part of this Application in Appendix R . Beyond being locally visible , the Project is not expected to create significant visual impacts to the larger area for the following reasons : • The Project would generally not be visible from 1 - 76 . At its nearest point , the site is approximately 1 . 5 miles from 1 - 76 . In addition , there is relatively low intervening topography between the highway and the site that would further limit the Project ' s visibility . • The structural solar components on the Project site would generally be less than 15 feet tall . • The Solar PV panels would not create substantial glare are described in more detail below in the relevant development standard . g . Archaeological Arapahoe , Kiowa , Southern Cheyenne , Sioux , and Pawnee Indians once roamed the plains in search of buffalo where the proposed site is located . Beginning in the early 1800s , westward expansion brought trappers , traders , miners , ranchers and eventually farmers and merchants . Many westward immigrants passed through the area in the 1800s many following the South Platte River. Huge herds of cattle also traveled along the 1 , 500 - mile route of the Texas - Montana Trail . The area was originally part of the Nebraska and Kansas Territories . In 1861 , the Colorado Territory was established and it included Weld County . Old Weld County ' s original territory was large and encompassed seven other modern Colorado counties . 18 The Project has reviewed a variety of sources to evaluate whether sites of historical or archaeological importance may exist in the vicinity of the facility . None were identified . Details of the efforts are included in the Cultural Resources Review included with this Application as Appendix N . h . Noise The area surrounding the Project site is a mixture of rural uses including grazing , agriculture , and feedyards . An existing railroad crosses the site in a generally east - west direction . Weld County Code sets maximum A - weighted noise levels at 55 dBA during from 7 : 00am — 9 : 00pm and 50 dBA at night , with modified limits of 80 dBA and 75 dBA for temporary construction activities . Appendix T to this Application includes a noise assessment of a solar inverter ( PCS ) and BESS e quipment that is representative of the equipment likely to be installed as part of the Project . This PCS has an maximum observed dBA level of 89 . 1 dBA measured at a distance of 4 feet from the inverter ( 1 . 25 meters ) . Based on the fact that each doubling of distance results in a reduction of 6 dBA , a distance of approximately 250 feet is sufficient to meet the Weld County n oise ordinance of 55 dBA . In the Site Plan presented in Appendix B , no inverter is closer than 350 feet to the Project permit boundary and each inverter is greater than 1 , 000 feet to the closest existing residence . This is sufficient to meet the current noise ordinance of the County . The BESS system and Substation are substantially more isolated and are close to 1 - mile from the nearest residence or active County Road . In addition , the representative BESS equipment is slightly quieter than the PCSs , and as a result they are not expected to be an issue . During construction , noise would be generated during construction along the major access routes by vehicles delivering workers and supplies to the site . Noise from construction e quipment on - site could be noticeable at the residences described above when construction activities are scheduled in the immediate vicinity but will be limited to normal daytime working hours . i . Stormwater Management and Water Pollution The watershed that encompasses the Project site covers approximately 94 square miles that generally discharges to the northeast . The watershed is primarily defined by Kiowa Creek which originates south of the Project . Jack Rabbit Creek flows into Kiowa Creek just within the southern limits of the site and also originates from the south . Field analysis conducted as part of the jurisdictional waters assessment for the Project confirmed that none of these drainages that cross the site are connected downstream to the South Platte River. 19 A preliminary drainage report , erosion control plan and hydrology report have been developed for the Project and included with this application as Appendix D . These designs will be updated as necessary prior to construction as part of the final design . j . Dust Mitigation and Revegetation Vegetation would be removed only where needed in the solar array for localized grading for construction and maintenance of access roads , buildings , equipment enclosures , the site substation , met stations , and where it could interfere with facility operations . In other areas , vegetation could be mowed as needed for construction safety and allowed to re - grow to a height that would not interfere with facility operations or create a fire risk . The Applicant has prepared a dust & weed mitigation plan as well as a vegetation management plan for the Project site . These plans are included as part of this application as Appendix E . k . Waste and Hazardous Materials Management Recycled materials and waste would be collected and transported to appropriate facilities . Construction trailers and the operations building would utilize portable toilets . Portable toilets will be located in the staging / laydown area primarily during construction , and will be distributed through the Project site in order to maintain proximity with construction crews as they move across the site . Portable toilets and washing stations would be serviced by a contracted company . Additional details are available in the EH Questionnaire included with this Application . Construction vehicles and generators would contain fuel and an onsite above ground fuel storage tank could be used . During operations no storage of fuel , oils or lubricants is expected on - site ( other than oil - filled operation equipment ) . Exact quantities of fuel , oil and lubricants temporarily stored on site during construction will be determined by the prime contractor prior to the start of construction , and will be coordinated in accordance with all Local , State and Federal regulations and requirements . Batteries will be the primary component of the BESS facility . Additional battery backups may be installed for critical components throughout the facility . Disposal of modules and batteries would be conducted to comply with applicable laws . A Hazardous Materials Management Plan for the limited hazardous materials expected to be used onsite would be prepared prior to the start of construction . A further discussion of Hazards and Emergency Procedures is included as part of this application in Appendix C . 20 I . Fire Protection Electrical equipment including inverters and transformers would be housed in appropriately rated National Electric Manufacturers Association ( NEMA ) enclosures . Each BESS container or building module would have its own fire detection , suppression , and alarm systems . Vegetation around buildings and equipment would be maintained to minimize fire risk . In addition , the Applicant is working with the local Fire Protection District to ensure appropriate training is conducted and response plans are in place . A further discussion of Hazards and Emergency Procedures is included as part of this application in Appendix C . m . Site Security and Fencing Site security would include fencing and possibly motion sensor lighting , onsite security guards , cameras and other technology during construction and operations . No permanent overhead site lighting is planned . Permanent lighting will be limited to downward - directed security lighting at key locations , the details of which will be provided prior to construction with the building permit submissions . The Project perimeter fencing would be of the Ag - friendly type recommended by Colorado Parks & Wildlife as further detailed in the Fencing Plan included with this application as Appendix F . Higher security fencing may be used in more sensitive areas of the system including the substation and BESS areas . Groups of solar arrays would be fenced with areas along major drainages and utility ROWs left open and unfenced to provide corridors for wildlife movement through the site . Fencing would be grounded per industry standards . Signs would be installed at the entrance and along the perimeter fence as needed . Temporary construction fencing could be installed around the site and the construction logistics / storage facilities and / or around construction areas . A security gate will be established at the primary site entrance near the intersection of CR93 and CR22 ( with traffic arriving via CR93 ) . Additional security gates will be included at the perimeter of the higher - security BESS and Substation areas , accessible only from internal roads with exact locations to be determined during the final design of the Facility . Additional security gates may be incorporated into the final design and presented prior to the commencement of construction , including those that may facilitate access for O & M and emergency services . 21 5 . Access Plan Construction and O & M access to the Project is planned from the south , using CR - 93 via State Highway 52 as more fully discussed in the Access Plan included with this Application as Appendix Q . 6 . Development Standards a . Height limitation Ground - mounted solar collectors shall not exceed twenty -five (25) feet in height, measured from the highest grade below each solar panel to the highest extent of the solar panel rotation . The maximum height of the solar panels on the Project site would be less than 15 feet . Some structures in the Project Substation may be higher than 25 ft , but these structures ( e . g . , transmission poles or dead - end structures ) would only be in the immediate vicinity of the point of interconnection with the Xcel transmission line or other utility - owned infrastructure . b . Glare Concentrated solar glare from solar collectors shall not be directed toward or onto nearby properties or roadways at any time of the day. The Applicant developed a comprehensive analysis of potential glare hazards . It is included with this Application as Appendix M . c . Setbacks The improved area shall conform to the setback requirements of the underlying zone . Additionally, the improved area must be at least five hundred (500) feet from existing residential buildings and residential lots of a platted subdivision or planned unit development . The residential setback requirement may be reduced if appropriate screening through landscape or an opaque fence is installed, or upon submittal to Weld County of a waiver or informed consent signed by the residence owner agreeing to the lesser setback . if landscaping or opaque fencing is substituted for setback, a landscaping plan or fencing plan shall first be submitted to and approved by the Department of Planning Services . There are very few residences in the area . As shown on the Site Plan ( Appendix B ) , the improved area on the Project site would be greater than 500 feet from the closest residences . No landscaping or screening is currently proposed based on the minimal impacts indicated by the visual simulations included as Appendix R . 22 The Project will conform with Section 23 - 3 - 70 of the Weld County Code including offsets from internal lot lines and public rights - of- way . Related to this , the Applicant plans to pursue a vacation of the public rights - of - way by resolution within the interior of the Project site . The final design of the facility will reflect the outcome of this process . 7 . Underground Cables Underground cables . All electrical cables on the improved area shall be buried, except for direct current string wires that connect between solar collectors, direct current collection circuits between rows of solar arrays that are no more than four (4 ) feet above grade crossings, substations, switchyards, and circuit voltages greater than 34 . 5 kilovolts ( where necessary) . The Project will comply with this standard , and it will be reflected in the final design . S . Fencing The 1041 SEF shall be enclosed with a security fence as approved pursuant to a fencing plan submitted to the Department of Planning Services . Appropriate signage shall be placed upon such fencing that warns the public of the high voltage therein . The Project will meet this standard . Representative fencing details are included with this Application as Appendix F . 9 . Access Permitting Prior to construction of the 1041 SEF, the applicant shall apply for and obtain an approved Access Permit from the Weld County Department of Public Works, pursuant to the provisions of Article XIV of Chapter S of this Code . The Applicant will acquire any needed access permits prior to the start of construction , including from the County and CDOT for the planned use of State Highway 52 . Access plans for the Project are further described in Appendix Q . 10 . 1041 Approval Criteria The information below demonstrates compliance by the proposed Project with Sections 21 - 7 - 350 of the Weld County Code : 1 . The health , safety, and welfare of the citizens of the County will be protected and served . Development and operation of the proposed Project will not negatively affect the health , safety, and welfare of the citizens of Weld County . The Project would have economic benefits to the County but would not result in negative impacts to Weld County residents . 23 2 . The natural and socio - economic environment of the County will be protected or enhanced . Important areas of the of the natural environment in the project area will be protected as described above in the impact analysis . The economic environment will be directly benefited in the short - term by a peak of approximately 400 jobs during construction and long - term by the tax revenues to the County . In addition , the economy would be indirectly benefited by the addition of renewable energy and storage to the local electrical grid . The siting of the Project is aligned with an existing corridor containing significant infrastructure , including a major railway line and soon the Xcel Energy Colorado Power Pathway transmission line . In addition , after construction is complete the Project will require little maintenance and will result in very limited local traffic and disruptions as compared to other possible Zone A uses . 3 . All reasonable alternatives to the proposed action, including use of existing rights - of- way and joint use of rights - of- way wherever uses are compatible, have been adequately presented . Access to the project site would be provided by existing roads and ROWs . The proposed transmission interconnection would utilize transmission lines that cross the site , so no off - site transmission is required or proposed . Co - locating the Project with a major transmission line represents a minimization of the overall impacts associated with a project of this type . 4 . The proposed action is compatible with and represents the best interests of the people of the County and represents a fair and reasonable utilization of resources in the impact area . As discussed above , the proposed Project is compatible with the panning and zoning designations for this part of We d County, would provide economic benefits to the County and local citizens that far exceed the current uses of the land . 5 . A satisfactory program to mitigate and minimize adverse impacts has been presented, including decommissioning and reclamation . Mitigation of impacts has been evaluated through an extensive set of studies an analyses developed in support of the Project , including : • A Decommissioning and Reclamation Plan • A Surface drainage analysis and erosion control plan • A Dust & weed mitigation plan • A Vegetation management plan • A Wildlife study plan ( in consultation with CPW ) • Visual simulations of the project • A Glare hazard analysis All of the above plans and reports are included with this application . 24 6 . The nature and location or expansion of the facility complies with all applicable provisions of the master plan of this County and service areas, and other applicable regional, metropolitan, state, and national plans . As discussed above , the proposed Project is compatible with the planning and zoning designations for this part of Weld County and other applicable plans . In addition , the siting of the Project adjacent to a major new transmission line represents an efficient use of this major new infrastructure . 7. The nature and location or expansion of the facility does not unduly or unreasonably impact existing community services, nor will not create an expansion of the demand for government services beyond the reasonable capacity of the community or region to provide such services, as determined by the Board of County Commissioners . The Project would not require regular support from government or community services . Only fire and emergency services could be needed on an infrequent , as - needed basis . For emergency services , the Applicant is engaging directly with the SE Weld Fire Protection District to ensure it will have the training and resources it needs to manage a project of this type . The economic contributions of the Project ( see Appendix S ) should far exceed the demands it will put on County resources . S . The nature and location of the facility or expansion will not unduly interfere with existing e asements, rights - of- way, other utilities, canals, mineral claims, or roads . No ditches , canals , laterals or pipelines have been identified through our title and survey work on the Project . The Project would not interfere with existing easement , ROWs , utilities , canals , roads or mineral claims . All surface rights and mineral owners impacted will be notified as a part of the permitting process . Further, the Project has been sited adjacent to major new transmission infrastructure in part to limit the ROWs and infrastructure necessary to interconnect the Project . Based on the absence of ditches , canals and laterals that are visible or are of record , no associated e ncroachment agreements or easements have been obtained to date . 9 . Adequate utilities exist or shall be developed to service the site, as necessary. The primary utility needed for the Project is access to the regional electrical grid . The proposed Project interconnection would utilize transmission lines that would cross the site . Therefore , no off - site electrical transmission lines would be needed . The Project would not require potable water or wastewater utility services . 10 . The nature and location for expansion of the facility will not unduly interfere with any significant wildlife habitat or adversely affect any endangered wildlife species, unique natural resource, or historic landmark within the impact area . The Project has consulted with Colorado Wildlife and Parks ( CPW ) and has developed a study plan to complete all suggested studies as discussed above . Any material results coming from the e xecution of that study plan will be incorporated into the final design of the Project . 25 11 . The geological and topographic features of the site are adequate for all construction, clearing, grading, drainage, vegetation and other needs of the facility construction or expansion . The proposed Project site is suitable for the proposed solar facility development . Solar projects have access to a range of technologies and construction methodologies that make installation possible on a wide range of soil types and geological conditions . The Applicant ' s pre - construction analyses have included , among others , a preliminary drainage report , erosion control plan , and vegetation management plan have been included with this Application . 12 . The existing water quality of affected state waters will not be degraded below state and federal standards or established baseline levels . The Project would not affect state waters . The limited surface water drainages on - site are not connected to the South Platte River downstream . The final design of the Project will conform with all applicable County, State and Federal water quality and stormwater regulations . 13 . The proposed project will not have a significantly adverse net effect on the capacities or functioning of streams, lakes and reservoirs in the impact area . There are no lakes or reservoirs in the project area and none would be affected by the proposed Project . One named surface drainage ( Kiowa Creek ) crosses the eastern portion of the site , but it is not connected to the South Platte River north of the site . 14 . The benefits of the proposed developments over the life of the project outweigh the temporary losses of any natural resources or reduction of productivity of agricultural lands as a result of the proposed development . The Project would add clean renewable energy to the regional mix of energy sources and provide short - and long - term benefits to the Weld County economy . As noted above , the economic contributions of the Project ( see Appendix S ) should far exceed the demands it will put on County resources . At the end of the Project ' s life , the decommissioning and reclamation plans ensure that the land will be returned in as good or better condition than it exists today . 15 . The applicant has obtained or will obtain all property rights, permits and approvals necessary for the proposed project, including surface, mineral access rights and easements for drainage, utilities, access, etc . If the applicant has not obtained all necessary property rights, permits and approvals, the Board may, at its discretion, grant the permit conditioned upon completion of the acquisition of such rights prior to issuance of a building permit by the County. The applicant has the needed property rights for all lands within this application . No off - site ROWs or easements would be required . All needed County, State and Federal approvals will be obtained prior to construction . There are no active oil and gas leases on the site . 16 . The proposed project will not present an unreasonable risk of exposure to or release of toxic or hazardous substances within the impact area . 26 No toxic or hazardous materials are present on the Project site and none are expected to be released during the construction and operation of the project . All County, State and Federal regulations related to the management of any toxic or hazardous substances will be followed during the construction and operation of the Project . 27 From : Drew McMahan To : Chris Gathman Subject : Re : FW : Taelor Solar 1 , LLC Completeness Review Comments Date : Tuesday , May 14 , 2024 4 : 31 : 14 PM 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 . Hi Chris - wanted to check in and see how things are progressing on your end and if you had any follow - up questions to the responses I provided previously below ( on 5 / 8 ) . Thanks ! On Wed , May 8 , 2024 at 8 : 25 AM Drew McMahan < drew@acm - energy . com> wrote : Thank you , Chris ! Please see responses / notes below in - line in blue . Keep me posted on the case # and application fee payment . I ' ll make sure that gets processed ASAP once we have the details . Drew On Tue , May 7 , 2024 at 4 : 40 PM Chris Gathman < cgathman@weld . gov > wrote : Dear Drew , I have reviewed your re - submittal . You have answered most of my questions and provided the additional information . I do have a few questions / clarifications : 1 . Communication facilities — are there going to be any communication towers onsite ? If so — will be towers be 35 - feet or less ? There may be some small antennas ( e . g . , to boost cellular connectivity ) but there will be no communications towers over 35 - feet on site . 1 . 2 . It appears that the internal power lines will be crossing the BNSF railroad . Have you had contact any correspondence with BNSF in regards to this potential crossing ? Yes , we are in active negotiations with BNSF through its Right - of- Way agent , JLL , t0 establish communication and electrical utility crossing rights across the Railroad . 1 . 2 . NOTE : we may require evidence that a change of use application for the well ( s ) to be used in the operations as a prior to recording condition . Noted 1 . A scheduling waiver will be required . See the attached example . Please have your counsel contact our Attorneys — either Karin McDougal — kmcdougal@weld . gov — 970 - 400 - 4396 or Bruce Barker — bbarker@weld . gov — 970 - 400 - 4390 to get this process started . Thank you for the heads up . I will coordinate this with counsel on our side to get things started . I will proceed with setting up this case and getting a case # assigned . There is a lot of information that I need to add into our system — so it may be a few days . I will then contact you with the application # so application fee payment can be arranged . Let me know if you have any questions . Regards , Chris Gathman Planner III Weld County Department of Planning Services 1402 N . 17th Avenue PO Box 758 Greeley , CO 80632 cgathman@weldgov . com 970 - 400 - 3 5 3 7 From : Drew McMahan < drew@acm - energycom > Sent : Tuesday , May 7 , 2024 8 : 26 AM To : Chris Gathman < cgathman@weld . gov > Subject : Re : FW : Taelor Solar 1 , LLC Completeness Review Comments 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 . Good morning , Chris - figured I ' d just check in and see how things are going . I ' ve got an internal meeting with my project team tomorrow so I ' m hoping to have an update for them . Do you think you ' ll have something by COB today ? Even a sneak preview of how things are trending would be helpful . Thanks ! On Fri , May 3 , 2024 at 3 : 53 PM Drew McMahan < drew@acm - energy . com > wrote : Thanks for the update , Chris ! On Fri , May 3 , 2024 at 8 : 23 AM Chris Gathman < cgathman@weld . gov > wrote : Drew , Looks like I will be completing my review this weekend . Regards , Chris Gathman Planner III Weld County Department of Planning Services 1402 N . 17th Avenue PO Box 758 Greeley , CO 80632 cgathman@weldgov . com 970 - 400 - 3 5 3 7 From : Drew McMahan < drew@acm - energy . com > Sent : Thursday , May 2 , 2024 12 : 3 8 PM To : Chris Gathman < cgathman@weld . gov > Subject : Re : FW : Taelor Solar 1 , LLC Completeness Review Comments 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 . Hi Chris - do things still look on track on your end for a det erm i nat ion / feedback this week ? Thanks , Drew On Fri , Apr 26 , 2024 at 10 : 49 AM Chris Gathman < cgathman@weld . gov > wrote : Dear Drew , I have been able to access the attached documents . The county is reviewing for completeness . I anticipate completing this review next week . Regards , Chris Gathman Planner III Weld County Department of Planning Services 1402 N . 17th Avenue PO Box 758 Greeley , CO 80632 cgathman@weldgov . com 970 - 400 - 3 5 3 7 From : Drew McMahan < drew@, acm - energy . com > Sent : Monday , April 22 , 2024 5 : 11 PM To : Chris Gathman < cgathman@weld . gov > Cc : Taylor A . Henderson < Henderson@outshine . energy > ; Erica Goad < egoad@balancedrockpower . com> ; Matt Mooney < mmooney@balanc edrockpower . com > Subject : Re : FW : Taelor Solar 1 , LLC Completeness Review Comments 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 . Hi Chris , We have worked to address all of the items identified in your completeness review delivered by e - mail on April 1 , 2024 ( the " Completeness Review " ) . To document the updates , we have created a new folder in the googl e drive that was shared with you previously including the following files in the folder labeled " 240422 Completeness Review " to address the missing elements of the Application : • A Spreadsheet summarizing how each item identified in the Completeness Review was addressed . • The completed EH Questionnaire that was provided previously by e - mail on April 2 , 2024 • Updated Application & Authorization Package including parcel - by - parcel acreage • Updated Proj ect Narrative • Updated Project Narrative - Redline version against the original submission in order to highlight changes made to address items in the Completeness Review • Updated Appendix B . Site Map addressing various items identified in the Completeness Review • Updated Appendix I . Incorporation Docs adding delegation of signing authority to Matt Mooney for this 1041 application • Updated Appendix K . Buffer Report re - run on April 15 , 2024 Please let me know if you have any questions or any issues accessing the files . Thanks , Drew 4n Fri , Apr 19 , 2024 at 11 : 52 AM Drew McMahan < drew@acm - energy . com > wrote : Chris - I wanted to give you a heads up that I expect to be able to send the updated Tael or Solar / PRE22 - 0216 application early next week with all of the completeness items addressed . Have a great weekend ! Thanks , Drew On Fri , Apr 5 , 2024 at 7 : 5 8 AM Drew McMahan < drew@acm - energy . com> wrote : Thanks , Chris . This is very helpful . On Tue , Apr 2 , 2024 at 8 : 32 AM Chris Gathman < cgathman@weld . gov > wrote : Dear Drew , See attached . Looks like I forgot to include you on this e - mail . Regards , Chris Gathman Planner III Weld County Department of Planning Services 1402 N . 17th Avenue PO Box 758 Greeley , CO 80632 cgathman@weldgov . com 970 - 4003- 3537 From : Chris Gathman Sent : Monday , April 1 , 2024 5 : 57 PM To : Matthew Mooney < mmooney@balancedrockpower . com > Subject : Taelor Solar 1 , LLC Completeness Review Comments Dear Matt , The Taelor Solar completeness review comments are attached . Let me know if you have any questions . Regards , Chris Gathman Planner III Weld County Department of Planning Services 1402 N . 17th Avenue PO Box 758 Greeley , CO 80632 cgathman@weldgov . com 970 - 400 - 3 5 3 7 PROJECT : TAE OR SOLAR 1 , LLC R : PRE22 - 0216 Use by Special Review ( USR ) Environmental Health Questionnaire Answer the following questions per the Weld County Code , Chapters 14 , 23 and 30 . Please type on a separate sheet . If a question does not pertain to your proposal , please respond with an explanation — do not leave questions blank . 1 . Discuss the existing and proposed potable water source . If utilizing a drinking water well , include either the well permit or well permit application that was submitted to the State Division of Water Resources . If utilizing a public water tap , include a letter from the Water District , a tap or meter number , or a copy of the water bill . There are no existing or proposed potable water sources on the Project site . Drinking water during construction and operations will be brought in from off- site ( i . e . , bottled water ) . 2 . Discuss the existing and proposed sewage disposal system . What type of sewage disposal system is on the property ? If utilizing an existing on - site wastewater treatment system , provide the on - site wastewater treatment permit number . ( If there is no on - site wastewater treatment permit due to the age of the existing on - site wastewater treatment system , apply for a on - site wastewater treatment permit through the Department of Public Health and Environment prior to submitting this application . ) If a new on - site wastewater treatment system will be installed , please state " a new on - site wastewater treatment system is proposed . " ( Only propose portable toilets if the use is consistent with the Department of Public Health and Environment ' s portable toilet policy . ) There are no existing or proposed permanent sewage disposal systems . Portable toilets will be utilized to provide bathroom faci Iles during construction and ( if needed ) operation . 3 . If storage or warehousing is proposed , what type of items will be stored ? Storage would be limited to spare parts to support the routine maintenance of the facility . These would include , among others , items such as fuses for electrical equipment , solar panels , inverter spare parts , motors and gearboxes for trackers , harnesses and cables , screws and hardware , transformer and switchgear spares , weather station sensors . hese will most likely be stored in shipping containers ( or similar pre - fabricated structures ) in the Substation and BESS portion of the Project site . 4 . Describe where and how storage and / or stockpile of wastes , chemicals , and / or petroleum will occur on this site . No permanent storage of waste , chemicals and / or petro eum products ' s anticipated at the Project site . Any such materials generated or used in the operation and maintenance of the facility will be properly disposed of at an appropriate off- site location . Handling of waste , chemicals and / or petroleum products will be handled in accordance with standard industry practice during construction . Additional details wil be availab e based on the fina design of the faci ity and prior to the start of construction . 5 . If there will be fuel storage on site , indicate the gallons and the secondary containment . State the number of tanks and gallons per tank . his will be determined prior to the start of construction based on the final design of the facility . Applicant WI provide additional information and develop a Spill Prevention Control and Countermeasure p an prior to the start of construction . 6 . If there will be washing of vehicles or equipment on site , indicate how the wash water will be contained . No vehicle wash station is currently planned or anticipated as part of the construction or operations phase of the Project . 7 . If there will be floor drains , indicate how the fluids will be contained . No floor drains are planned . 8 . Indicate if there will be any air emissions ( e . g . painting , oil storage , etc . ) . No air emissions are expected during the operating phase of the Project . During construction , the prime construction contractor will obtain any required local , State and Federal approvals associated with temporary construction activities , if applicable . 9 . Provide a design and operations plan if applicable ( e . g . composting , landfills , etc . ) . Not Applicable . 10 . Provide a nuisance management plan if applicable ( e . g . dairies , feedlots , etc . ) . Not Applicable . 11 . Additional information may be requested depending on type of land use requested . Environmental Health Contact List Environmental Planner : Lauren Light Ilight@weld . gov ( 970 ) 400 - 2211 On - site Wastewater Treatment Systems Coordinator : Katie Sall ksall@weld . gov ( 970 ) 400 - 2216 01 / 24 19 APPENDIX C TAELOR SOLAR PROJECT Weld County Hazards and Emergency Procedures INTRODUCTION Taelor Solar 1 , LLC ( Applicant ) proposes to construct , operate , maintain , and decommission the Taelor Solar 1 Project ( Project or SEF ) . The Project would bean up to 650 - megawatt ( MW ) alternating current ( AC ) solar photovoltaic ( PV ) power generating facility with a battery energy storage system ( BESS ) on approximately 4 , 400 acres of private land in southeastern Weld County, Colorado . The Project would interconnect to the regional grid via an interconnection to a transmission line that crosses the site — no off- site electrical transmission would be needed . This plan describes the potential hazards to the public and Project employees that could be associated with the Project and the measures that would be taken to respond to any incidents that occur . HAZARDS OF FIRE , EXPLOSION , AND OTHER DANGERS This section describes potential hazards to the health , safety and welfare of employees and the general public associated with the proposed Project . Electrical equipment including inverters and transformers would be housed in appropriately rated National Electric Manufacturers Association ( NEMA ) enclosures . Each BESS container or building module would have its own fire detection , suppression , and alarm systems . There would be no vegetation or other flammable fuels in the substation and BESS areas . Vegetation around buildings and electrical equipment in the solar field would be maintained to minimize fire risk . The Project will coordinate with local fire protection districts and fire safety personnel to ensure adequate plans and systems are in place in the unlikely event a fire issue occurs at the solar project or BESS . Furthermore , appropriate signage containing necessary contact and safety information for the BESS will be displayed in accordance with local code and coordination with County and fire district officials and staff. Also , awalk - through of the solar project and BESS site with the local authorities and public safety agencies would be scheduled once construction is complete . Emergency personnel will also be given the key or code to access the facility . A detailed Fire Protection Plan would be provided to the County Office of Emergency Management and the local fire district for review and approval prior to the start of construction . 1 PV solar projects generally provide minimal risk for explosion hazards . During operation , there would be limited flammable / explosive materials on - site . During construction , there would likely be some fuel stored on site for construction equipment . All fuel storage facilities would meet state and local regulatory standards . Worker Health and Safety During proposed Project construction , standard health and safety procedures described in a detailed Health and Safety Plan ( HASP ) would be implemented and would be in accordance with Occupational Safety and Health Administration ( OSHA ) standards and industry best practice to minimize the risk of accidents or injuries from both Project and natural hazards . Safety planning and regular training sessions would occur to ensure that workers were adequately prepared to address any anticipated site - specific hazards , such as electrocution , fires , and accidents ( such as slips , trips , or falls ) . In addition , workers would be trained on the appropriate use of safety equipment and personal protective equipment ( PPE ) . The Applicant would require all employees and contractors to adhere to the HASP and emergency response plans . In addition , all construction and operation contractors would be required to operate u nder their own HASP that meets the minimum Project and industry standards . All contractors would be required to maintain health and safety records . Materials Safety Data Sheets ( MSDS ) would be available for any hazardous materials used on - site . The program would identify types of hazardous materials to be used during construction and operations activities . An SDS document control program shall be included within the Hazardous Materials program to provide the necessary information on chemicals stored and used on site . Pub is Safety As discussed above , the Project is not expected to create any significant potential hazards to public safety during construction or operation . The Project would generate additional traffic on local roads during the construction period . The Project would develop and implement a traffic management plan in consultation with the County to minimize the effects this short - term traffic increase would have on local u sers . The Project site would contain electrical equipment , but the perimeter would be surrounded with security fencing to preclude entry by non - project personnel . In addition the on - site high voltage e lectrical facilities like the site substation and the BESS would be surrounded by additional security fencing and signage to further avoid exposure to electrocution risk . ENV I RON M ENTAL HAZARDS This section describes the potential risks of environmental damage and contamination that could result from the materials used at or activities occurring at the proposed facility . 2 The primary wastes generated by PV solar projects during construction , operation , and maintenance would be nonhazardous solid and liquid wastes . These would include defective or broken electrical materials , empty containers , the typical refuse generated by workers , and other miscellaneous solid wastes . Table 1 below outlines the typical wastes that could be expected . Waste management would emphasize the recycling of wastes where possible and would identify the specific landfills that would receive wastes that cannot be recycled . Table 1 Wastes Potentially Generated by Construction of the Project Waste Origin Composition Classification Disposal Scrap wood , steel , glass , Construction Normal refuse Nonhazardous Recycle and / or dispose of in plastic , paper activities industrial or municipal landfill Scrap metals Construction Parts , containers Nonhazardous Recycle and / or dispose of in activities industrial or municipal landfill Waste oil Construction Solids Used Oil Recycle at a permitted facility equipment and vehicles Oily rags , oil sorbent Cleanup of small Hydrocarbons Used Oil Recycle or dispose at a permitted spills facility Spent batteries Equipment Metals Universal waste Recycle or dispose offsite at a solids permitted facility Sanitary waste Portable toilet Solids and Nonhazardous Remove by contracted sanitary holding tanks liquids liquid service Limited quantities of hazardous materials would be used and stored on site for construction and O & M activities . During construction , the primary hazardous materials on site would be the fuels and solvents associated with construction equipment . Table 2 lists the hazardous materials anticipated that would be stored and used on site during operation . Material Safety Data Sheets ( MSDSs ) for each of these materials would be discussed in the Hazardous Materials Management Plan and Emergency Response Plan developed for the Project prior to construction . Table 2 Hazardous Materials That May Be Used During Operation Storage Practices and Hazardous Material Storage Description ; Capacity Special Handling Precautions Equipment fuel Above - ground tanks of various sizes Secondary containment would be provided around each tank or group of tanks . Batteries , lead acid based Battery - energy storage system , battery - based If used , sufficient cooling capacity to maintain and / or lithium ion emergency back - up power at each of the PCS . ambient temperatures appropriate for the selected battery would be provided . Propane Generator - based emergency back - up If used , would be managed as required Herbicide Brought on site by licensed contractor , used No mixing will occur on site and no herbicides Pesticide immediately . will be stored onsite The potential for exposure of the public to hazards and hazardous materials during construction and operation would be low because of the undeveloped nature of the adjacent and surrounding areas and the proposed plans for handling such materials during the construction and operation of the Project . 3 Hazardous Materials Management Batteries , fuels , oils , lubricants , and solvents would be the primary hazardous and flammable materials that would be on - site during construction and operation . Small quantities of additional common hazardous materials would be used on - site during construction , including antifreeze and used coolant , latex and oil - based paint , paint thinners and other solvents , cleaning products , and herbicides . Prior to construction , the Project will develop a Hazardous Materials Management Plan describing the specific measures that would be followed to manage and control the use of them on site . Also , a Spill Prevention Control and Countermeasure ( SPCC ) Plan would be developed if needed to define the measures to be employed to prevent spills and leaks and respond to them if they occur . EMERGENCY PROCEDURES Despite best efforts , accidents , acts of nature , and other emergency situations can occur. Effective preparations for emergency response can reduce injuries , prevent or minimize environmental impacts , protect employees and the community, reduce asset losses , and minimize downtime . This section outlines the emergency response plan to be implemented in the event of fire , explosion or other event that could endanger the public health , safety , and welfare . Prior to the start of construction , an Emergency Preparedness and Response Plan would be developed for the Project . This plan would provide construction crews and agencies with Project - specific information concerning emergency and response procedures . The primary objective of this plan would be to provide methods for hazards identification , prevention of and response to emergencies , a chain of command and responsibility, and a strategy for emergency communications for a broad spectrum of e mergency situations . Following the completion of construction , the Emergency Preparedness and Response Plan would be u pdated as needed to address the risks associated with Project operations . Emergency Contacts The emergency contacts listed below would be called as appropriate , depending on the situation ( e . g . , fire , injury ) . The Emergency Contact List would be verified and updated as needed at the beginning of construction and updated throughout the Project by the construction contractor ( s ) and operational managers to ensure accurate contact information . Further guidance on emergency response , notification , and reporting protocols would be included in some of the additional management plans that would be developed and approved prior to the start of construction . These could include a Hazardous Materials Management Plan , Spill Prevention Plan , Stormwater Pollution Prevention Plan , and Fire Prevention and Response Plan . Additional notifications , both internal and to appropriate agencies , could also be required on a case - by - case basis . A full e mergency contact list would be included in the final plans and posted at the Project site at all times during construction and operation and would be updated as necessary . 4 Fire / Emergency Medical : Call 911 first Southeast Weld Fire Protection District ( 303 ) 732 - 4203 Wiggins Fire Department ( 970 ) 483 - 6666 Law Enforcement : Call 911 first Weld County Sheriff ' s Office ( 970 ) 356 - 4015 NATURAL HAZARDS This section describes the natural hazards that could potentially affect or be affected by development and operation of the Project . All identified natural risks would be addressed in the HASPs for both construction and operation and would describe mitigating measures that would be taken to reduce the associated danger . Weld County developed the Weld County 2021 Multi - Jurisdictional Hazard Mitigation Plan or Hazard Plan ( Weld County 2021 ) to identify potential hazard risks in the County and provide guiding principles for mitigating those risks . As part of this plan , the County addressed potential threats from natural hazards and these are summarized below . Flooding events are typically measured in terms of magnitude and the statistical probability that they will occur . The 1 % annual chance flood event is the standard national measurement for flood mitigation and insurance . This is also known as the ` 100 - year flood ' and is defined as a 1 in 100 chance of being e qualed or exceeded in any 1 year with an average recurrence interval of 100 years . It is important to n ote that these are long - term averages and do not predict the recurrence and magnitude of future flood e vents . Special Flood Hazard Areas ( SFHAs ) correlate to areas with a 1 % annual chance for a flood event . No SFHAs have been identified by FEMA or Weld County in the Project area ( Weld County 2021 ) . Even though specific flood hazards have not been identified on the site , through development of the required drainage report and accompanying hydrology report , the Applicant will identify areas of e xpected elevated flows that could be avoided for facility placement or mitigated as needed . As part of Weld County ' s Hazard Plan ' s risk assessment , the Colorado State Forest Service ( CSFS ) produced a Wildfire Risk Assessment Summary Report for the County . Wildfire Risk is a composite risk rating obtained by combining the probability of a fire occurring with the individual values at risk layers . Risk is defined as the possibility of loss or harm occurring from a wildfire . It identifies areas with the greatest potential impacts from a wildfire — i . e . those areas most at risk - considering all values and assets combined together . This assessment showed the Project area rated as having the lowest wildfire risk and was rated to have very low burn probability - the annual probability of a location to burn due to wildfire ( Weld County 2021 ) . Earthquakes are relatively infrequent in Colorado and records of historical earthquakes in and around 5 Weld County are limited ( Weld County 2021 ) . There are no quaternary faults ( the most likely source of large earthquakes ) in the general area with the nearest occurring in the Denver metro area . Weld County including the Project area is considered a low risk hazard for earthquakes ( Weld County 2021 ) . The site - specific soil engineering conditions would be identified by the results of the site geotechnical survey . The foundations and structural design of all site facilities would be developed specifically to meet the requirements for the site geotechnical conditions . REFERENCES Weld County . 2021 . Weld County 2021 Multi - Jurisdictional Hazard Mitigation Plan or Hazard Plan . htJtps : // www . weld . gov / fi es / sharedassets / public / v / 2 / departments / office - of - emergency - management / documents / haz . - mitigation - plan / weld - hazard - migitation - plan - 2021 . pdf 6 Hello