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HomeMy WebLinkAbout20231294.tiffUSE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE: AMOUNT $ APPLICATION RECEIVED IVES BY DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: PROPERTY INFORMATION Is the property currently in violation? N No I Yes Violation Case Number _ Parcel Numbers 1 0 5 7 1 Site Address: 40.32796r el o4.751281* 0 0 0 1 8 Legal Description: PT SW4NW411 4 66 LOT B REC EXEMPT RFC. 15-0'103 Section: 'l1 , Township 4 N, Range 66 W Zoning District: AG Acreage: 27.x}51 Within subdivision or townsite? II No CYesName: NIA Water (welt permit # or water district tap ): Sewer (On -site wastewater treatment system permit # or sewer account #): Nth Floodplain ONo /QYes Geological Hazard No I 1 Yes Airport Overlay 15I No / Yes PROJECT U SR Use being applied for: 5 megawatt solar garden N ame of proposed business: Pivot Solar 35 LLC PROPERTY OWNER(S) (Attach additional sheets if necessary.) N ame: Timothy G. & Laura L Cook Company: Phone #: 970-580-5092 Email: Icook122.1c@gmail.com Street Address: Po BOX 82 City/State/Zip Code: Atwood, CO 80722 APPLICANT/AUTHORIZED AGENT (Authorization Form must be included if them is an Authored Agent) Name: Kyle Sundman Company: Pivot Energy Phone #: 719-233-4322 Email: ksundman@pivotenergy.net Street Address: 1750 15th Street #400 City/State/Zip Code: Denver, CO 80202 I (We) hereby depose and stateunder 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,ignatory has the legal authority to i « e c. ' oration. Signature c Print 12/15/21 • G CCXDk S Pt 2:2, Date Signature Ovu L Cool Print 3hits?Z Date Ati. I, (We), (Owner please print) - DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1555 NORTH 'I7 AVENUE GREELEY, CO 80631 AUTHORIZATION FORM give permission ion to Kyle Sundman, Pivot Energy (Authorized Agent/Applicant—please print) apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the propel at (address or parcel number) below: 40.327969° -104151281°; Parcel #: 105711200018 ty located Legal Description: PTW4NW 11 4 LCT R of 11 ,. Township 4 N, Range 66 V p � Section Spa -Name: Cs0.0 w, Property Owners Information: Address: PO BOX 82, Atwood CO 80722 Lot Block Phone: 970-580-8092 E-'rr ail: lcook122.Ic@gmail.com Authorized AgentfAp►plicant Contact Information: Address: 1750 15th Street #400, Denver, CO 80202 Phone: 719-233-4322 E -Mail: ksundman@pivotenergy.net Correspondence to be sent to: Owner M Authorized Agent/Applicant by: Malian Email Additional Info: Full legal description: PT S V4NW411 4 56 LOT B REC EXEMPT REGX15-0108 I (We) hereby certify, under penalty, of perjury and after carefully, reading the entire contents of this document, that the informadon stated above is true and correct to the best of my (our) knowledge. 7 Owner Signature Owner Signature Subscribed and sworn to before me this My commission expires 7 ff 2O:9 Date Notary Public a CHEYENNE KNUTSON NOTARY PLIBLAC - STATE OF COLORADO NOTARY ID 20214024039 MY COmmissioN EXPIRES JUN 21, 2025 Pivot Energy Pivot Solar 35 LLC — Planning Questionnaire 1. Explain the proposed use and business name: • Pivot Solar 35 LLC ("Pivot") is seeking to construct a solar garden in Weld County that is approximatley 5 MWac in size on Parcel #105711200018. • The project will be built on approximately 25 acres. • The solar array will deliver electricity to Xcel Energy for 20 years through the Utility's "Solar Rewards*Community" program. After the program sunsets, Pivot intends to enter into a power purchase agreement with the utility to continue providing clean energy to Weld County between years 20-40, which is the full term of the lease (40 yrs). • The panels are expected to be less than ten feet above grade at their highest point and will be surrounded by a decorative wildlife friendly game fence, similar to what the Colorado Department of Transportation ("CDOT") and Colorado Parks and Wildlife ("CPW") use. Exact height subject to final structural engineering. • The project lease area will include panels and inverters mounted on steel posts/beams, concrete -pad - mounted transformers and other electrical equipment, an access drive with hammerhead emergency turn -around, and perimeter fencing with gates. • The solar array will be designed to meet the maximum wind and snow loads applicable in Weld County. In addition, the panels themselves have a manufacturer warranty of at least 25 years. • A contracted Operations and Maintenance ("O&M") crew of one to four people will visit the site up to eight times annually for routine inspections, maintenance, and vegetation control and on an as - needed basis to address equipment outages. There will be no permanent staff on the site, which will be remotely monitored. • Upon the conclusion of the project's useful life, the project owner will remove all project materials and return the property to the landowner in the originally leased condition, minus any vegetation and grading. Please reference the attached Decommissioning Plan for more information. 2. Explain the need finer the proposed use, • The Weld County Comprehensive Plan states that one of the County's top priorities is preserving landowner rights and creating an environment conducive to local economic growth, all while maintaining the overall well-being of the local population. Specifically, the code plan states "...the goal of the Comprehensive Plan [is] to promote opportunities for County Citizens, while protecting private property rights." • Pivot's ground lease presents an advantageous opportunity for the state to generate additional revenue, which will go toward funding schools in Weld County and across the State. Revenues from this project would far exceed any revenues that would be collected from agricultural leases on the same acreage. The larger parcel currently contains two active solar projects, and four active oil and gas wells. • This project has committed to donating 100% of the energy produced to low-income Coloradans. Pivot's goal is to support and alleviate some financial pressure around paying for their energy bills. • This project will also serve as a great example of the mutually beneficial option of co -locating solar and oil and gas operations on the same piece of land. 3. Describe the cur r em and previous use of the land. pivotenergy.net Pivot Energy Pivot Solar 35 LLC — Planning Questionnaire • The land is currently zoned agricultural. In the past, the land has been used for agricultural production. • The parcel has a plugged and abandoned oil well located on the premise. 4. Describe the proximity of the proposed use to residence. • On June 15, 2022, all residence within 500 feet of the project parcel were preemptively notified by Pivot of the proposed solar project. Supplemental document (16 Buffer Report) lists all addresses that were notified; the contact information was provided by the Weld County Assessor's Office. 5. Describe the cuarrou_anding NRnd !ices of the site end how the proposed use is compatible with them. • The surrounding land uses are a mix of residential and agricultural • All residence and property owners within a 500 -foot radius of the parcel boundary have been preemptively notified of the project in progress. 6. Describe the hours and days of operation (i.e. Monday thru Friday 8 AM to 5 PM) • During construction, crews will be on -site from approximately 7:00 am - 6:00 pm Monday -Friday. Most vehicles will arrive early in the morning (7:00 to 9:00 am) and will begin departing the construction site around 3:00 pm. • Once constructed, the site will be unmanned but the solar farm will generate electricity during daylight hours each day of the year. • Operations and maintenance crews will be on -site up to eight times annually for up to four hours per visit. 7. Describe the number of employees including full-time, part-time and contractors. If shift work is proposed, detail number of employees, srhedu!n and duration if shifts. • During the construction phase, there will be a crew made up of approximately 40 people on site each day. The construction crew will consist of project managers, laborers, electricians, civil contractors, and any other necessary personnel for the project. Once construction is complete, there will be no one on site, other than the O&M crew during their scheduled trips. 8. Describe the maximum number of users, patrons, members, buyers or other visitors that the site will accommodate at any one time • The site will not be open to the public. • The gate around the site will be locked and will only be accessible to those constructing the facility or periodically maintaining the facility. The site will also be accessible to life -safety emergency personnel. 9. List the types and maximum numbers of animals to be on the stie at any one time • No animals will be onsite while this project is being developed or in -use. 10. List the types, and number of operating and processing equipment. • Not applicable. 11. List the types, number and uses of the existing and proposed structures. • There will not be any structures built onsite. 12. Describe the size of any stockpile, storage, or waste areas. • There will not be any stockpile, storage, or waste areas onsite. 13. Describe the method and time schedule of removal or disposal of debris, junk and other wastes associated with the proposed use. pivotenergy.net Pivot Energy Pivot Solar 35 LLC — Planning Questionnaire • Any debris, junk, or wastes associated with building the project will be removed and disposed of property prior to completion. No waste will be produced once the array is "turned -on" and producing energy. 14. include a timetable showing the periods of time required for the construction of the operation. • Please reference the Vehicle Trip Generation Table Below. Table I — Vehicle Trip Generation Project Phase (Time Period) Vehicle Type Estimated Gross Vehicle Weight Number of Vehicles Per Day Maximum and Average Vehicle Trips Per Day (approx. Site Preparation 2-4 weeks) Equipment Trucks Hauling 3'0,000-w ,,O0i0 Ibs 0-2 0 4 Passenger Vehicles 2:000-10700u Ibis .L-5 4-1 [1 Fuel Delivery 2: C) J':1:-3O,O00 His Fi 2 Max —161Ave-6 Conex Delivery 'Container Trucks and 30,000-50,000 lbs 5-15, 10-30, Equipment (approx. Material 4 and Delivery weeks) Equipment Trucks Hauling 20,000-40,000 lbs 0-4 I I-8 Max — 38/Ave - 10 Solar Garden Installation (3-4 ' onths:II Passenger Vehicles 7, 0100 to °iu,oU(_I I:_:, -. 10-15 .�I_4-' l 1 - - 20.000 to 30.000 ii_�._; 1 2 Fuel Truck 14,,,laterial Delivery Truck. 1 20;OUO to 30,000 lbsl Max — 34/Ave - 24 Operations (ongoing once Utiiity Vehicle 2.000 to P,0,000 Ins I per month or less operational; Max- 21Ave-0 15. Describe the proposed and existing lot surface type and the square footage of each type (i.e. asphalt, gravel, landscaping, dirt, grass, buildings). Land Disturbance Area A total of approximately 24,177 square feet or 0.56 acres of the Project area is anticipated to be disturbed. The total disturbance numbers are summed in the following table. Disturbance Surface Disturbance Area (sf) Disturbance Area (Ac) Gravel Drive 22,477 0.516 Concrete Equipment Pads 1,700 0.039 Total 24,177 0.555 The remaining project area will be seeded with a native pollinator friendly grass mix which will decrease the runoff as it is less impervious than row crop. 16. How many parking spaces are proposed? How many handicap -accessible parking spaces are proposed? • No parking spaces are proposed on -site. This site is not open for public access. pivotenergy.net Pivot Energy Pivot Solar 35 LLC — Planning Questionnaire 17, Describe the existing and proposed fencing and screening for the site including all parking and outdoor storage areas, • Pivot is proposing to use a decorative wildlife friendly fence to enclose the area as well as low growth decorative native grasses in between array rows and around the sides of the array. • The proposed fence is Colorado Parks and Wildlife's preferred decorative "wildlife friendly" game fence, 8' tall with a smooth top wire. • There will be no on -site outdoor storage areas. 18, Describe the existing and proposed landscaping for the site: • Pivot will be seed under the panels with a native pollinator friendly grass mix • Pivot is proposing to use a decorative wildlife friendly fence to enclose the area • No additional landscaping is proposed • 19. Describe reclamation and procedures to be employed as stages of the operation are phased out or upon cessation of the Use by Special Review activity. • Once the project has reached the end of its useful life and the lease has been terminated, Pivot or the facility owner will remove all improvements made and either recycle, reuse, or repurpose all materials. The site will be re -seeded with a native dryland seed and the property will be returned to the landowner ready to be developed as he or she wishes. • Please reference the attached Decommissioning Plan for more details. 20, Describe the proposed fire protection measures. • Pivot will maintain vegetation under the panels • Internal roads and setbacks between fence and array have been designed to provide access by emergency vehicles if need be 21. Explain how this proposal is consistent with the Weld County Comprehensive Plan per Chapter 22 of the Weld County Code • In Section 22-2-10 C, the County Code states that one of its guiding principles is to Promote Economic Growth and Sustainability. The proposed project is a PV solar facility that generates electricity without generating any emissions. This project will last for approximately 25 years, bringing the County economic revenue and support. This project will further Weld County's stated goal of encouraging the development of alternative energy sources as a hedge against the volatility of traditional energy sources. • In Section 22-2-60 A, the County Code states the importance of Wildlife in the County. The proposed project will be surrounded by a wildlife friendly game fence to ensure no animals are trapped within the project area. Studies of the project area did not reveal any nexus with any protected, threatened, or endangered species or their habitats. In addition, Pivot will work with Colorado Parks and Wildlife to ensure the project meets any necessary requirements. • In Section 22-2-60 B, the County Code states it aim to support responsible energy and mineral development. Solar is both an alternative and sustainable energy source that does not emit any odors and has limited vehicle traffic once construction is complete. In addition, the agricultural land that the solar facility is on will be preserved throughout the lifespan of the solar array and can be used for agricultural purposes following the life cycle of the system. This development will not generate any perceivable noise and therefore complies with this development requirement. pivotenergy.net Pivot Energy Pivot Solar 35 LLC — Planning Questionnaire 22. Explain how this proposal is consistent with the intent of the zone district in which it is located. (Intent statements can be found at the beginning of each zone district section in Article III of Chapter 23 of the Weld County Coder) • Section 23-3-10 of the County code states: The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy development, without the interference of other, incompatible land USES • The solar facility will not have any negative effects on the agricultural land beneath it. Pivot will seed the ground beneath the solar array with a native seed mixture that will help preserve the agricultural land. 23. Explain how this proposal will be compatible with future development of the surrounding area or adopted master plans of affected municipalities. • The solar array will use native seed mixture that will help maintain high -quality soils for any future agricultural production following the life cycle of the array. • Please see the supplemental Decommissioning Plan document for additional information. 24. Explain how this proposal impacts the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. • The proposed solar array will meet the health, safety, and welfare goals of the County because the array will not produce any odors or fumes. The solar array will help produce clean, long-term energy for the County, therefore meeting the goals of maintaining a healthy society. • In addition, it should be noted that 100% of the energy produced to low-income Coloradans. 25. Describe any irrigation features. if the proposed use is to be located in the A (Agricultural) Zone District, explain your efforts to conserve prime agricultural land in the locational decision for the proposed use. • No irrigation features are being proposed in the scope of this project. 26. Explain how this proposal complies with Article V and Article Xl of Chapter 23 if the proposal is located within any Overlay Zoning District (Airport, Geologic Hazard, or Historic Townsites Overlay Districts) or a SpeciRI Flood Hazard Area identified by maps officially adopted by the County. • This site is not located within any of the above Overlay Zoning Districts. 27. Detail known State or Federal permits required for your proposed use(s) and the status of each permit. Provide a copy of any application or permit. • There are no State or Federal permits associated with the project besides state electrical permit and state SWPP, which will be complete prior to submission of building permit. pivotenergy.net Addendum to the Planning Questionnaire REVIEW DATE: 8/25/2022 TYPE APPLICATION: OF USR (PRE22-0135) Cook LEGAL DESCRIPTION: 105711200018; Lot B of RECX15-0103 11 4 66 OWNER: Timothy and Laura Cook NTIVE: Pivot Energy c/o Kyle Sundman PLEASE NOTE: The following completeness review notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the following notes may not identify all issues, even major ones that may be raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning Services. Please submit a copy of this form when you submit the revisions to your Land Use Application. If you have any questions regarding the process and/or application, please call Diana Aungst at 970-400-3524, or email at daungstgweldgov.com REVIEW: Please email the below listed items to the Department of Planning Services. Submit a new questionnaire narrative with the below comments addressed and submit the other items as requested. REVIEW STAFF: Planning: Diana Aungst—daungst@weldgov.com - 970-400-3524 Engineering: Melissa King—mking@weldgov.com - 970-400-3762 Public Health: Lauren Light — Llight@weldgov.com - 970-400-2211 PLANNING COMMENTS: The Department of Planning Services has reviewed the Completeness Review Application and has the following comments. 1. What is the `Reservation Letter'? - This is a proxy for the interconnection letter (which is still in process). We are using this to demonstrate that Xcel Energy has awarded the project to Pivot. 2. Provide a revised, corrected deed. - Can this be a condition of the approval? We will work concurrently to obtain an updated deed. 3. Construction Impacts_PS35_20220812 is titled EH questionnaire. State which section of the code this addresses. - The Construction Impacts document was incorrectly titled; this has been fixed. This Construction Impacts Documents was a request from the Solar Supplemental Document request from the County. 4. Provide answers to the Development Standards Statement (example attached). Please see updated Development Standards Statement attached. 5. Provide answers to the Alternatives (example attached). - Please see updated Alternatives Statement document attached. 6. Provide a Landscaping Plan or Fencing Plan per 23-4-1030.0.3. or a waiver. Since you are within 500 feet of a residence. 23-4-1030.C.3. Setbacks. The Improved Area of the SEF 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. - Landscaping and fencing plan was attached. Will pursue waivers with neighbors. We understand that this is a condition of approval. 7. Update the Decommissioning plant to be consistent with the Code. Weld County Department of Planning Services 1555 N 17th Ave, Greeley CO 80631 Fax: 970- 304-6498 * Phone: 970-400-6100 WELD COUNTY Completeness Review 23-4-1030.4. A Decommissioning/Reclamation Plan. A Decommissioning/Reclamation Plan shall be provided at the time of SEF application submittal which will be signed by the party responsible for decommissioning and the landowner (if different), addressing the following: a. Decommissioning/reclamation shall commence within twelve (12) months after power production has permanently ceased and be completed within twelve (12) months from the start date of the decommissioning/reclamation work. b. All non -utility owned equipment, conduits, structures, fencing, and foundations to a depth of at least three (3) feet below grade shall be removed. c. All fences, graveled areas and access roads shall be removed unless landowner agreement to retain is presented, in writing, in which the property owner agrees for this to remain. d. Property shall be restored to a condition reasonably similar to its condition prior to development of the SEF. e. The developer or owner of the SEF is responsible for the decommissioning. f. Decommissioning/reclamation cost estimates, which shall be updated every five (5) years from the establishment and submittal of the Security, shall include all costs associated with the dismantlement, recycling, and safe disposal of facility components and site reclamation activities, including the following elements: I. All labor, equipment, transportation, and disposal costs associated with the removal of all facility components from the facility site; ii. All costs associated with full reclamation of the facility site, including removal of non-native soils, fences, and constructed access roads; iii. All costs associated with reclamation of any primary agricultural soils at the facility site to ensure each area of direct impact shall be materially similar to the condition it was before construction; iv. All decommissioning/reclamation activity management, site supervision, site safety costs; v. Any other costs, including administrative costs, associated with the decommissioning and reclamation of the facility site; and vi. The estimated date of submission of the Security to Weld County. - Updated Decommissioning Plan with payment amounts has been attached. 8. Provide a Dust Mitigation Plan. - New Dust and Weed Mitigation Plan has been attached. 9. Provide a Utility Company Interconnection Agreement. - This is in process. Reservation Letter attached in lieu. 10. How many solar panels will there be on the site? - 11,000 11. What equipment will be on the site during construction. Construction trailer? Cargo Containers? Job trailer (unlikely but dependent on contactor preference) - 40' Conex (1-2) - Telehandler (1) - Skidsteer (1-2) - Mini excavator (1) - pile drivers (1-2) 12. What is the lighting plan? Will there be lighting on the site during construction? - N/A. No onsite lighting. 13. Provide a Communication Plan. - N/A. Planner has noted that this is not needed at this time. 14. Is there an irrigation system on the site? Will the SEF interfere with the irrigation system? - Only well water with limited pumping rights on site. SEF will not affect irrigation. 15. Address how the cables will be underground per Section 23-4-1030.C.5. - Our DC circuits will be mostly in above ground CAB which typically is 42" above grade (minimum). Our low voltage AC circuits will all be buried but, as of now, our plan is to have our medium voltage (12.47kV) interconnection equipment on overhead poles. 16. Is the land still irrigated and currently being used for crops? Will the landowner be growing crops on his land? Does the landowner still have water rights? The farm is used for dry land grass and forage production. Limited well water rights are leased by landowner presently, unrelated to SEF, and that will not change with this project. - Pivot is working to make sure that agricultural uses can be kept onsite and work in conjunction with the solar facility. Pivot may use the site for dry land grazing by using sheep to mitigate weeds and overgrowth. A native seed mix will be used, and no irrigation will occur underneath the panels. ENGINEERING COMMENTS: No comments. Weld County Department of Planning Services 1555 N 17th Ave, Greeley CO 80631 Fax: 970- 304-6498 * Phone: 970-400-6100 WELD COUNTY Completeness Review PUBLIC HEALTH COMMENTS: Update the Health Department questionnaire to indicate that a portable toilet and bottled water will be provided during construction. Weld County Department of Planning Services 1555 N 17th Ave, Greeley CO 80631 Fax: 970- 304-6498 * Phone: 970-400-6100 Pivot Energy Pivot Solar 35 LLC — Development Review Questionnaire 1. Describe the access location and applicable use types (i.e., agricultural, residential, commercial/industrial, and/or oil and gas) of all existing and proposed accesses to the parcel. Include the approximate distance each access is (or will be if proposed) from an intersecting county road. State that no existing access is present or that no new access is proposed, if applicable. • The access to the site will come from CR 33 and will be located in the southwestern most part of the site. Access to the parcel will not come from any other areas. Pivot proposes to utilize an existing access and not create a new driveway 2. Describe any anticipated change(s) to an existing access, if applicable. • Proposed change will be to improve the existing access route to and from the site (between public ROW and lease area) with gravel aggregate to accommodate emergency services. 3. Describe in detail any existing or proposed access gate including its location. • An access gate will be located at the entrance of the fenced area. This access gate will be locked and not accessible by the public. This gate will be accessible to emergency vehicles and operators. 4. Describe the location of all existing accesses on adjacent parcels and on parcels located on the opposite side of the road. Include the approximate distance each access is from an intersecting County Road. • The single proposed access will be directly across from the access to address 22505 CR 33. The distance between these two accesses across CR 33 is approximately 50 feet. 5. Describe any difficulties seear sg oncoming traffic from au existing access and any di iticipated difficulties seeing oncoming traffic from a proposed access • There are no anticipated visual difficulties seeing oncoming traffic from our proposed access point. The road is straight and there are very few trees or other visuals barriers. 6. Describe any horizontal curve (using terms like mild curve, shar curve, reverse curve, etc.) in the vicinity of an existing or proposed access. • Please reference traffic impact study included herein. 7. Describe the topography (using terms like flat, slight hu steep hills, etc.) of the road in the vicinity of an existing or proposed access. • The entire site and the point of access is overall very flat. The topography of the full site varies by only a few feet on average overall. pivotenergy.net Pivot Energy Pivot Solar 35 LLC — Environmental Health Questionnaire 1. Discuss the existing and proposed potable water source. If utilizing a drinking water well, include either the well permit or well permit application that was submitted to the State Division of Water Resources. If utilizing a public water tap, include a letter from the Water District, a tap or meter number, or a copy of the water bil! • Not applicable 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.) • No septic or sewage disposal is proposed to be on site. 3. At storage or \.wR►rehousing is nronosed, whRt type of itemx?s'will be stored? • No storage or warehousing is proposed to be on site. 4. Describe where and how storage and/or stockpile of wastes, chemicals, and/or petroleum will occur on the site. • No storage and/or stockpile of wastes, chemicals, or petroleum will take place onsite. 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 • There will not be any fuel storage on site. 6. If there will be washing of vehicles or equipment on site, indicate how the wash water will be contained. • No vehicle washing will take place. 7. If there will De floor drains, indicate how the fluids will be contained. • No floor drains will be built. The site will contain its runoff the same was as before. The panels do not increase the impervious surface of the site. 8. Indicate if there will be any air emissions • The solar array will not release any air emissions. 9. Provide a design and operations plan if applicable. • N/A 10. Provide a nuisance management plan if applicable. • N/A 11. Additional information may be requested depending on type of land use requested. • Noted. pivotenergy.net Diana Aungst From: Julia Friedman <jfriedman@pivotenergy.net> Sent: Friday, January 20, 2023 2:33 PM To: Diana Aungst <daungst@weldgov.com> Cc: Kyle Sundman <ksundman@pivotenergy.net> Subject: Re: FW: Pivot Solar 35 LLC update 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 Diana, Email to confirm we will have portable toilet/s and bottled water for the construction workers during the time of construction of the solar facility. JULIA FRIEDMAN (she/her) I Manager, Project Development jfriedman@pivotenergy.net M: 860-248-0027 I LinlcedIn Pivot Energy I Clean Energy. Clear Choice. pivotenergy.net FOR COMMERCIAL OR INDUSTRIAL BUILDINGS, PLEASE COMPLETE THE FOLLOWING INFORMATION: Business Name: Address: Business Owner: Home Address: Pivot Energy Renewable Services 1750 15th Street #400 Pivot Energy 1750 15th Street #400 Phone: City, state, zip: Phone: City, state, zip: List up to three persons in the order to be called in the event of an emergency: NAME TITLE PHONE Angela Burke, Sr Manager, Project Engineering & Analysis, 989.412.4705 Denver, CO 80202 Denver, CO 80202 ADDRESS Business Hours: 9-5, Mountain Time Zone UTILITY SHUT OFF LOCATIONS: Main Electrical: Gas Shut Off: TBD Days: Monday -Friday TBD Exterior Water Shutoff: TBD Interior Water Shutoff: TBD 12/15/21 12 Delaware The First State I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF FORMATION OF "PIVOT SOLAR 35 LLC", FILED IN THIS OFFICE ON THE THIRTIETH DAY OF MARCH, A.D. 2022, AT 5:48 O'CLOCK P.M. 6714165 8100 SR# 20221241145 You may verify this certificate online at corp.delaware.gov/authver.shtml Page 1 Authentication: 203080707 Date: 04-04-22 STATE OF DELAWARE CERTIFICATE OF FORMATION OF LIMITED LIABILITY COMPANY State of Delaware Secretary of State Division of Corporations Delivered 05:48 PM 03/30/2022 FILED 05:48 PM 03/30/2022 SR 20221241145 - File Number 6714165 The undersigned authorized person, desiring to form a limited liability company pursuant to the Limited Liability Company Act of the State of Delaware, hereby certifies as follows: 1. The name of the limited liability company is Pivot Solar 35 LLC . ?. The Registered Office of the limited liability company in the State of Delaware is located at 1013 Centre Road Suite 403-B (street), in the City of Wilmington , Zip Code 19805 . The name of the Registered Agent at such address upon whom process against this limited liability company may be served is Vcorp Services, LLC . By: Authorized Person Name: Or (-1C: Print or Type 4772434 11/03/2021 11:23 AM Total Pages: 8 Rec Fee: $48.00 Carly Koppes - Clerk and Recorder, Weld County , CO EXHIBIT D FORM OF SHORT FORM RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: (Space above this line for Recorder's use only) SHORT FORM OF SOLAR LEASE THIS SHORT FORM OF SOLAR LEASE ("Short Form") is made and entered into as of Neti, I , 2Uj, by and between Timothy G. Cook and Laura L. Cook whose residence/mailing address is PO Box 82 Atwood, CO 80722 ("Owner"), and Pivot Energy Colorado LLC, a Colorado Limited Liability Company, doing business as Pivot Energy, whose address is 1750 15th St. #400 Denver, CO 80202 ("Company") (Owner and Company the "Parties" and each a "Party"), and provides as follows: WITNESSETH The Parties agree: 1. The Parties have entered into a Solar lease ("Agreement") dated as of / , / , 20,,r ("Effective Date"). The Agreement grants Company exclusive rights in and to certain land more particularly described in the attached Exhibit A ("Land") as weIl as in and to any easements, rights -of -way, and other rights and benefits relating or appurtenant to the Land ("Property"). The Agreement also restricts certain uses of and grants certain interests in and to the Property. 2. Generally, the Agreement: (a) concerns the development of solar energy project(s) by Company involving the Property ("Project"); (b) grants Company easements, leases, and other rights related to the Property; and, (c) limits, prohibits, and restricts other development or use(s) of the Property that interfere with the rights granted Company by the Agreement. 3. The Agreement consists of two periods — a "Development Term" and an "Operations Term" (together the "Term"). The Development Term is one (1) years from the Effective Date. Company has exclusive option to extend development term for up to three (3) additional years. The Operations Term starts on the earlier of: (a) Company's notice to Owner of the start of the Operations Term; (b) the date that is twelve (12) months after the date of the start of construction 4772434 11/03/2021 11:23 AM Page 2 of 8 of the Project as set forth in a notice from Company to Owner; or, (c) the first day the Project delivers electricity in commercial quantities (excluding test energy) and continuing thereafter until the date that is twenty one (21) years after this date. By one year advance notice to Owner, Company has the right to extend the Operations Term for up to two (2) additional consecutive periods of ten (10) years each. 4. By the Agreement, Owner grants Company certain exclusive and non-exclusive rights. For the Development Term, Owner grants Company exclusive rights to the Property for performing "Development," which means (a) all actions, studies, and tests related to the evaluation and investigation by Company of the suitability of the Property for solar energy development, including performing the following on the Property: (i) inspections and surveys; (ii) archaeological, avian, geologic, and soils studies and tests; (iii) electrical interconnection and transmission studies and tests; (iv) environmental inspections, studies, and surveys; (v) the operation of equipment for evaluating, measuring, and monitoring meteorological conditions; and, (vi) conducting meteorological studies and tests and (b) construction of the Project including of those systems authorized to be located on the Property during the Operations Term. For the Operations Term, Company will have exclusive use and possession of the Land and to the extent permitted under the pertinent grant/right to Owner exclusive right to all other parts of the Property. Company shall comply with vegetation management statuettes and standards, as defined by those approved by Weld County Board of County Commissioners during land use permit approval process. Such standards shall include management of vegetation and noxious weeds. Company will have the right to use the Property for Development and fbr testing, permitting, construction, operation, maintenance, repair, replacement, repowering and decommissioning of the Project and for all uses contemplated in the permits or authorizations relating to the Project, including all activities necessary, incidental or convenient to that use, and any other lawful uses consistent with the operation of the Project, including, the following activities (collectively, the "Intended Use"): As Company deems necessary in its sole discretion, whether on or off the Property, Company may erect, relocate, repair, replace, maintain, operate and remove (a) on and from the Land solar energy measurement, collection, conversion, and generation systems and equipment of any type and quantity, including fences, foundations, racking systems, inverters, converters, substations, interconnection and switching facilities, tracking systems, buildings, and other equipment and improvements for the conversion of solar energy into electricity and for the storage of such electricity and (b) and on and from the Property transmission, distribution, and communication lines, poles, anchors, support structures, underground cables, and associated equipment and appurtenances, and roads. Any such equipment, facilities or other improvements erected or constructed on the Property are referred to as the "Improvements-; Company may remove, trim, prune, top or otherwise control the growth of any tree, shrub, plant or other vegetation or dismantle, demolish, and remove any improvement, structure, embankment, impediment, berm, wall, fence or other object, on or that intrudes (or could intrude) into the Property or that could obstruct, interfere with or impair the Project or the Intended Use, as well as perform grading on the Property. Company agrees 4772434 11/03/2021 11:23 AM Page 3 of 8 not to remove, damage, or alter a) existing irrigation well head, b) pump house, c) power poles, or d) concreate ditch that runs along western parcel boundary; Company may occupy, use, renovate, rebuild, demolish, and/or remove any existing structures on the Property, including use of any structures as office or living quarters in connection with construction, operation, and management of the Project; and, Company may control and restrict access onto and over and across the Property. Company shall comply with vegetation management statuettes and standards, as defined by those approved by Weld County Board of County Commissioners during land use permit approval process. Such standards shall include management of vegetation and noxious weeds with herbicide treatment as needed. Company shall be responsible for maintaining entire Parcel, including areas outside of project fence, to said standards for the duration of the Development and Operations terms, as well as during project decommissioning. Owner consents to Company's location of the Improvements at any location on the Property, including at or near property lines. 5. The Agreement also, among other things: (a) restricts Owner's access to the Property during the Term; (b) requires Owner to grant such further easements for access and utility purposes as Company may require; (c) prohibits any activities, whether on or off the Property, that interfere with the passage of sunlight on to the Property; (d) includes an express grant of a solar easement as described in Colorado Revised Statutes 38-32.5-100.3 et seq; (e) includes a mechanism for dividing the Property into multiple separate leases for separate projects; (f) includes a waiver by Owner of any interest in the Improvements, including any potential lien rights; (g) addresses the rights of the Parties in the case of a condemnation of all or part of the Property; (h) authorizes Company to satisfy Owner's obligations that may become a lien or encumbrance on the Property or Improvements; (i) includes limited remedies and prohibits certain remedies; and, (j) includes limited bases for termination. 6. The Agreement runs with the Property and includes a quiet enjoyment clause. 7. The Agreement includes broad assignment and finance -related provisions in favor of Company, including: (a) the right of Company and its assignees to assign (including by assignment, lease, or sublease, or a grant of licenses, easements, sub -easements or co -easements) all or part of their rights under the Agreement and/or the Improvements, including for collateral security purposes; (b) the right of Company or its assignees to mortgage the Leasehold Estate and the Improvements; (c) the obligation of Owner to give Company and Lender notice of defaults; (d) the right of Lender or assignees to exercise Company's rights under the Agreement and/or take title to the Leasehold Estate, Improvements, and/or Company's rights under the Agreement (but as provided for in the Agreement Lender have no obligations under the Agreement unless and until they hold a direct interest in the Property); (e) limited bases for termination (i.e. only in the case of uncured monetary defaults and after expiration of all 4772434 11/03/2021 11:23 AM Page 4 of 8 applicable cure periods); (0 cure rights in favor of Company, assign and Lenders and separate cure periods for Company and Lenders ; and, (f) the obligation of Owner to execute a new lease if the Agreement is terminated. 8. The conditions, covenants, definitions (including the definition of capitalized terms not defined in this Short Form), limitations, restrictions, and terms governing the encumbrances imposed on the Property, restrictions on use of the Property, and rights granted in and to the Property arc set forth in the Agreement. Without limitation, and except as expressly authorized by the Agreement, these include Owner's covenant to not grant any third party any rights to evaluate or develop the Property. Also, the Agreement specifies limitations, requirements, and/or restrictions, on: (a) the conveyance and development of mineral rights associated with the Property (including a surface use relinquishment by Owner, as well as a requirement that any mineral interest owners enter a surface use or accommodation agreement with Company); (b) interference with the Project and/or with the rights granted in the Agreement; and/or, (c) "severance" of solar rights associated with the Property or revenue related to the Agreement. 9. Also by the Agreement Owner covenants: (a) to obtain for the benefit of Company a non- disturbance and subordination agreement from each holder of an interest in the Property; (b) to amend the Agreement as Company may request in connection with its financing; and, (c) to execute consents and estoppel certificates as Company may request from time -to -time. 10. The Parties have executed and recorded this Short Form for the purpose of giving record notice of the Agreement, of the exclusive easements, leases, and rights it grants, and of certain restrictions it imposes. All of the conditions, covenants, and terms regarding the Agreement are more particularly set forth in the Agreement, which is incorporated by this reference. In the event of any conflict between the conditions and tends set forth in this Short Form and the conditions and terms set forth in the Agreement, the conditions and terms of the Agreement will control and govern. This Short Form may be executed and/or recorded in counterparts. SIGNATURE PAGES FOLLOW 4772434 11/03/2021 11:23 AM Page 5 of 8 SIGNATURE PAGE TO SHORT FORM OF SOLAR LEASE IN WITNESS WHEREOF, the Parties have executed this SHORT FORM OF SOLAR LEASE as of the date set forth above. OWNER: Timotlry G Cook STATE OF )ss. COUNTY OF On 22-i, before me, the undersigned, a Notary Public in and for said County and State, personally appeared �-- �r'�r_ personally known to me (or proved to me on the basis of satisfactory evidence) i e the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument. WITNESS my hand and official seal. Notary. Public Commission Expires: CHEYENNE KNUTSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20214024039 MY COMMISSION EXPIRES JUN 21, 202S 4772434 11/03/2021 11:23 AM Page 6 of 8 SIGNATURE PAGE TO SHORT FORM OF SOLAR LEASE IN WITNESS WHEREOF, the Parties have executed this SHORT FORM OF SOLAR LEASE as of the date set forth above. OWNER: Laura L. Cook )ss. ) On 'f,�r-" '-720 �'i , before me, the undersigned, a Notary Public in and for said County and State, personally appeared Y —, "_:, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument. WITNESS my hand and official seal. NotaryIic Commission Expires: CHEYENNE KNUTSON NOTARY PUBLIC - STATE OF COLORADO NOTARY ID 20214024039 MY COMMISSION EXPIRES JUN 21, 2025 4772434 11/03/2021 11:23 AM Page 7 of 8 SIGNATURE PAGE TO SHORT FORM OF SOLAR LEASE IN WITNESS WHEREOF, the Parties have executed this SHORT FORM OF SOLAR LEASE as of the date set forth above. Company: Pivot Energy Colorado LLC By: Name: Title: ACKNOWLEDGEMENT STATE OF >?, rr� )ss. COUNTY OF ,,,,,r On ,fit, 2 , 202/, before me, the undersigned, a Notary Public in and for said County and State, personally appeared .,, � k,,. , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument. WITNESS my hand and official seal. Notary Public 6 Q Commission Expires: -5/12/ / v2 ELI OPPENHEIMER NOTARY PUBLIC - STATE OF COLORADO NOTARY ID 20194011170 MY COMMISSION EXPIRES MAR 21, 2023 4772434 11/03/2021 11:23 AM Page 8 of 8 EXHIBIT A TO SHORT FORM OF SOLAR LEASE THAT CERTAIN REAL PROPERTY LOCATED IN WELD COUNTY, COLORADO, • Parcel Township Range Section Portion of Section Acreage 105711200018 4N 66W 11 SW4 NW4 27.41 Total Acreage 27.41 Account: 88946702 November 1, 2021 Account Search AccoUnr Number: 88946702 Search OpenlGlose A I Secliens • Account Parcel R8946702 105711200018 Legal Account Information Space Account Type Tax Year Buildings Actual value Assessed Value Agr:clllluru 2021 0 23 902 6.9419 PT SWONW4 11 4 65 LOT B REC EXEMPT RECX 15-0192 A Pivot .„, Energy Pivot Solar 35 LLC — Alternatives Statement Pivot has researched alternatives to the proposed location, and it has been adequately assessed that the proposed site is the best location for the solar facility. Many other sites in Weld County have been assessed, as well as other locations throughout the state of Colorado. The Cook site was chosen due to some of the following important factors: - The site's proximity to Xcel Energy distribution infrastructure - Flat topography - No geotechnical constraints noted on the site (as of now). A geotechnical study and report are currently in progress - Landowner interest and participation to host a solar facility on their land pivotenergy.net Pivot Energy Pivot Solar 35 LLC — Construction Impacts • Please see site plan in packet. • Applicant agrees to mitigate construction impacts. • During construction, crews will be on -site from approximately 7:00 am - 6:00 pm Monday -Friday. Most vehicles will arrive early in the morning (7:00 to 9:00 am) and will begin departing the construction site around 3:00 pm. • Once constructed, the site will be unmanned but the solar farm will generate electricity during daylight hours each day of the year. • Operations and maintenance crews will be on -site up to eight times annually for up to four hours per visit. • Please reference the Vehicle Trip Generation Table Below. Table 1 — Vehicle Trip Generation Project Phase (Time Period) Vehicle Type Estimated Gross Vehicle Weight Number of Vehicles Per Day Maximum and Average Vehicle Trips Per Day Site Preparation (approx. 2.4 weeks) Equipment Hauling Trucks 30,000-65,000 lbs 0-2 0-4 Passenger Vehicles 2,696-16,006 lbs 2-5 4-10 Fuel Delivery 20,000-30,000 lbs 1 2 Max — 161Ave - 8 Material and Equipment Delivery (approx. 4 weeks) Conex Container and Delivery Trucks 30,000-50,000 lbs 5-15 10-30 Equipment Hauling Trucks 20,000-40,000 lbs 0-4 0-8 Max — 38fAve - 10 Solar Garden Installation (3-4 months) Passenger Vehicles 2,000 to 10,000 lbs 10-15 20-30 Fuel Truck 20,060 to 36,000 lbs 1 2 Material Delivery Truck 20,060 to 30,000 lbs 1 2 Max — 34fAve - 24 Operations (ongoing once operational) Utility Vehicle 2,000 to 10,006 lbs 1 per month or less Max - 2/Ave - 0 • Please reference Vehicle Trip Generation Table above. • Some additional traffic should be expected for the time during construction due to the arrival of equipment and modules. • Proposed change will be to improve the existing access route to and from the site (between public ROW and lease area) with gravel aggregate to accommodate emergency services. pivotenergy.net 1 ENERTIA CONSULTING GROUP LLC July 15, 2022 Weld County Planning and Building Department 1555 N 17th Ave Greeley, CO 80631 RE: Traffic Impact Letter Use by Special Review — Cook Parcel Weld County Road (WCR) 33 North of WCR 46, Weld County To whom it may concern: I. Introduction 1515 Market Street, Suite 100 Denver, CO 80202 (720) 792-3917 rick.hagmayer@enertiacg.com In fulfillment of the Weld County Use by Special Review (USR) permitting requirements, Enertia Consulting Group (Enertia) has completed this Traffic Impact Letter for the proposed Pivot Energy Solar Facility on the Cook Parcel located on approximately 19.33 acres and 1.66 miles north of SH 85 on WCR 33. The intent of this Report is to provide traffic related information and identify potential project impacts to affected roadways within Weld County. The following information is included in this letter report: • Project Location, Components and Construction Schedule • Designated Travel Route • Daily Vehicle Trip Generation • Conclusions II. Existing Conditions Location The project is located on an approximate 16.33 -acre project site within a larger parcel totaling approximately 27.40 acres along the east side of WCR 33, 1.66 miles north of SH 85 (on Weld County Parcel No. 105711200018) in Section 11, T4N, R66W. Weld County Planning and Building Department Page 2 III. Proposed Condition Components The Pivot Energy Solar Facility on the Cook Parcel project shall generally include: up to a 12 MW solar garden with approximately 25,000 tracking solar panels mounted on steel I -beams; concrete pad mounted inverters and transformers; an access drive with emergency turn -around and perimeter fence with gate. Construction Schedule It's currently anticipated that the Use by Special Review Permit will be issued by Weld County on or before April 5, 2023. Accordingly, a construction start/mobilization date of April 20, 2023 has been established. Based on this, the following preliminary schedule is currently considered: • Driveway and material staging area prep • Solar Facility Component Delivery • Perimeter Fence Installation • Solar Panel Foundation Installation • Transformer and Inverter Installation • Solar Panel Installation April 20, 2023 — May 10, 2023 May 11, 2023 — June 21, 2023 May 22, 2023 — June 21, 2023 June 21, 2023 - September 21, 2023 September 22, 2023 — October 20, 2023 October 23, 2023 — January 19, 2024 Designated Travel Route The designated access route is: State Highway 85 north to WCR 44. WCR44 west approximately 700ft to WCR 33. WCR33 north approximately 1.0 miles to WCR46. WCR east approximately 1.0 miles to WCR33. WCR north approximately 100ft to the entrance to the property. Figure 1 illustrates the access route. The following is a brief description of the access route roadways. SH 85 - State Highway 85 in the vicinity of WCR 35 is a 4 -lane asphalt -paved road with left turn lanes and acceleration/deceleration lanes; and a posted speed limit of 65mph. It's anticipated that 100 percent of material deliveries will be from the south. WCR 42 — The +/- 700ft segment of WCR 42 included in the travel route is a 2 lane, asphalt - paved road with intermittent bar ditches. The road surface appears to be in good condition. It's anticipated that all material deliveries will travel from SH 85. WCR 31 — The +/- 1.0 -mile segment of WCR 31 included in the travel route is a 2 lane, asphalt - paved road with intermittent bar ditches. The road surface appears to be in good condition. It's anticipated that all material deliveries will travel WCR 31 from WCR 42 WCR 46 — The +/- 1.0 -mile segment of WCR 46 included in the travel route is a 2 lane, asphalt - paved road with intermittent bar ditches. The road surface appears to be in good condition. It's anticipated that all material deliveries will travel WCR 46 from WCR 31. Weld County Planning and Building Department Page 3 WCR 33 — The +/- 0.5 -mile segment of WCR 33 included in the travel route is a 2 lane, dirt road with intermittent bar ditches. The road surface appears to be in fair condition with moderate rutting. It's anticipated that all material deliveries will travel WCR 33 from WCR 46 to the Project Site. Daily Vehicle Trip Generation and Distribution Project development may be divided into the following 4 phases (site preparation, material and equipment delivery, solar garden construction and solar garden maintenance). The following Table 1 illustrates the estimated average daily trip generation by vehicle type for each Project phase. Table 1 — Vehicle Trip Generation Project Phase (Time Period) Vehicle Type Estimated Gross Vehicle Weight Number of Vehicles Per Day Maximum Average and Vehicle Trips Per Day (approx. Site Preparation 1-3 weeks) Equipment Hauling Trucks 30,000-65,000 lbs 0-2 0-4 Passenger Vehicles 2,000-10,000 lbs 2-5 4-10 Fuel Delivery 20,000-30,000 lbs 1 2 Max-16/Ave-9 Equipment (approx. Material and Delivery 4-5 weeks) Conex Container Delivery and Trucks 30,000-50,000 lbs 10-30 20-60 Equipment Hauling Trucks 20,000-40,000 lbs 0-8 0-16 Max — 79/Ave - 40 Solar Garden Installation (6-7 months) Passenger Vehicles 2,000 to 10,000 lbs 20-30 40-60 Fuel Truck 20,000 to 30,000 lbs 1 2 Material Delivery Truck 20,000 to 30,000 lbs 1 2 Max — 64/Ave - 52 (ongoing operational) Operations once Utility Vehicle 2,000 to 10,000 lbs 1 per month or less Max- 2/Ave-0 As illustrated in Table 1, the majority of traffic generated as a result of solar garden installation shall occur during the 9 -month solar garden installation (max 79/ave 40vtpd). This traffic will generally be site worker passenger vehicles. The majority of heavy truck traffic including conex container delivery (total of 510-850 conex containers/delivery trucks) and equipment (rubber tire loader, pile driver, forklift) delivery and pickup will travel to and from the Project between 9:30 AM and noon and 1:30PM and 4:00PM. Project related traffic during all phases will not be significant during AM and PM peak periods (7:30 — 9:00 AM and 4:30 — 6:00 PM, respectively). IV. Conclusions 1. The Project is expected to generate up to 79 vehicle trips per day during material and equipment delivery (anticipated to be up to one month at the beginning of the project and one month at the end of the project), up to 64 vehicle trips per day during Weld County Planning and Building Department Page 4 solar garden installation (6-7 months) and up to 2 vehicle trips per month during solar garden operation. 2. Site preparation and solar garden installation anticipated to begin in April 2023 and be completed in January 2024. 3. The phase with the greatest amount of traffic (79 vtpd material and equipment delivery) is expected to occur over a 4-5 week period (May 2023 — June 2023). 4. Daily Project related truck traffic is not expected to impact AM and PM peak traffic periods. 5. Sight distance at the Project entrance is well over 1,000 feet both north and south along WCR 33. 6. Access to the project site is through an existing oil well access road. Therefore, a Weld County Access permit will not be required. 7. As proposed, the solar garden site preparation, installation and ongoing inspection/maintenance is not anticipated to create adverse traffic related impacts on Weld County roads. Based on anticipated vehicle type and weight, the project is not anticipated to degrade/damage Weld County roads and a Public Works Improvement Agreement is not likely warranted. We trust that this Traffic Impact Letter for the Pivot Energy Solar Facility on the Cook Parcel is acceptable and complete. Please contact me at rick.hagmayer@enertiacg.com or (720) 792- 3917 should you require additional information. Sincerely, ENERTIA CONSULTING GROUP, LLC Rick Hagmayer, PE Senior Project Manager attachment WCR 46 WCR 42 GILCHRIST PIVOT SOLAR COOK PARCEL PROJECT I ::ENERTIA LW'4SUL IN(, (AQUI) lei 1529 MARKET STREET SUITE 200 DENVER, CO 80202 (720) 250-8305 FIGURE 1 - PROXIMITY MAP & DESIGNATED TRAVEL ROUTE PIVOT ENERGY SOLAR FARM ON COOK PARCEL PS 35 WELD COUNTY, COLORADO DATE: 7/15/2022 SCALE: 1" = 5,000' BY: NM ca fill ul r Evans. Colorado 2020 APPLICATION AND PERMIT FOR STREET ACCESS Permit #: Date: Permit Fee: THE PERM ITTEE, Pivot Solar 35 LL , is hereby granted permission to construct and use an access at the location noted below. The access shall be constructed maintained and used in accordance with the terms and conditions of this permit. This permit may be revoked by the City of Evans if at any time the peti _ itted access or its use violates any of the terms and condition of this permit. This permit is null and void at the time any redevelopment of the parcel is started. The use of advance warning and construction signs, flashers, barricades and flaggers are required at all times during access construction within the City of Evans right}of way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, Part VI. The City of Evans, and its duly appointed agents and employees, shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. LOCATION: 40.327969°" -104.751281°, Parcel # 105711200018 PERMIT PROVIDES ACCESS FOR: Pivot Solar 35 LLC, Community solar garden OTHER TERMS AND CONDITIONS: Any future re -zoning, re -plat or development of this parcel will need a renewed access permit from the City of Evans. This access permit does not guarantee full or three-quarter movement access in the event that the City of Evans develops/builds adjacent roadway to full plan cross-section, as forecasted in the City of Evans Transportation Plan existing at that time_ Upon the signing of this permit, the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify the City Engineer with the City of Evans at (970) 4751110 or moberscbmidt@evanscolorado.gov, at least 48 hours prior to commencing construction within the City of Evans right-of-way. ii �The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and 11 `Its � t` LAoz li-fit ��, G� �tt�tr cv Permittee Name Perri iittee Signature Date This permit is not valid until signed by a duly authorized representative of the City of Evans. Representative Name & Title Representative Signature Date CHANGES IN USE OR DESIGN NOT APPROVED BY THE PERMIT OF THE ISSUING AUTHORITY MAY CAUSE THE REVOCATION TIO OR SUSPENSION OF THIS PERMIT. Variances a) Should the permittee or applicant choose to object to any of the terms or conditions of the permit placed therein by the City of Evans, variance must be requested from the City of Evans, Public Works Director within 60 days of transmittal off the permit for permittec signature. The request shall include reasons for the variance and may include recommendations by the permittee or applicant that would be acceptable to him/her. b) The City variance may consider any objections and requested revisions at the request of the permittee or applicant. If agreement is reached, the City of Evans may revise the permit accordingly, issue a new permit, or require the applicant to submit a new application for reconsideration. Changes in the original application, proposed design or access use will normally require submittal of a new application. c) Regardless of any communications, meeting, or negotiations with the City of Evans regarding revisions and objections to the permit, if the permittee or applicant wishes to appeal the City decision to the Council, the appeal must be brought to the Council within 60 days of transmittal of the permit IL Construction standards and requirements a) The access must be under construction within one year of the permit date. However, under certain conditions a one year time extension may be granted if requested in writing prior to permit expiration. b) The applicant shall notify the City of Evans, as noted on the permit, at least. 48 hours prior to construction. Inspections will be made during construction. c) he access construction with City of Evans right-of-way must be completed within 45 days of the start of construction. d) It is the responsibility of the permittee to complete the construction of the access according to the terms and conditions of the permit. If the perrnittee wishes to use the access prior to completion., arrangements must be approved by the issuing authority and included on the permit. The City may order a halt to any unauthorized use of the access. Reconstruction or improvements to the access may be required when the permittee has failed to meet required specification of design or materials. If any construction element fails within two years due to improper construction or material specification, the permttee is responsible for all repairs. e) In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the access shall be securely braced within approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts and wire removed are City property and shall be turned over to a representative of the City of Evans. A copy of the permit shall be available for review at theconstruction site. If necessary, minor changes and additions shall be ordered by the designated City Authority to meet unanticipated site conditions. g) The access shall be constructed and maintained in a manner that shall not interfere with the drainage system in the right-of-way. h) Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the work shall be accomplished by the permittee without cost to the City of Evans, and at the direction of the City or utility company. Any damage to the state highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. i) Adequate advance warning is required at all time during access construction, in contbrnuance with the Manual on Uniform Traffic Control Devices for Streets and Highways. This may include the use of signs, flashers, barricades and naggers. The issuing authority, the City of Evans and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. III. Changes in use and violations a) If there are changes in the use of the access, the access permit -issuing authority must be notified of the change. A change in property use which makes the existing access design or use in non-conformance with the Evans Transportation Plan, or other adopted access control documents, or the terms and conditions of the permit, may require the reconstruction or relocation of the access. Examples of changes in access use are: an increase in vehicular volume by 20 percent, or an increase by 20 percent of a directional characteristic such as a left turn. The City of Evans will review the original permit; it may decide it is adequate or require that you apply for a new permit. b) All tezins and condition of the permit are binding upon all assigns, successors -in -interest and heirs. c) When a permitted driveway is constructed or used in violation of the Access Permit, the City of Evans may obtain a court order to halt the violation. Such access permits may be revoked by the issuing authority. IV. Further information a) When the permit holder wishes to make improvements to an existing legal access, he/she shall make the request by filing a. completed permit application form with the City of Evans. The City of Evans may take action only on the request for improvement. Denial does not revoke the existing access. b) The permittee, his heirs, successors -in -interest, and assigns of th.e property serviced by the access shall be responsible for meeting the terms and condition of the permit and the removal of clearance of snow or ice upon the access even though deposited on the access in the course of City snow removal operations. c) The issue date of the permit is the date the City of Evans representative signs the permit, which is after the pennittee has returned the signed permit and paid any required fees. d) The City of Evans may, when necessary for the improved safety and operation of the roadway, rebuild, modify, remove, or redesign the highway including any auxiliary lane. fc. By initialing here, II acknowledge that I have read, understand, and agree to the terms as stated on this permit. APPENDIX 19-Q CITY OF EVANS COMMON DEVELOPMENT STANDARDS Site Access. Development as defined in Title 18, Land Development Code, of the City of Evans Municipal Code, shall utilize shared access points or other mutually approved alternatives to the adjacent County road to avoid multiple driveways onto streets and roads identified in the transportation plans of the County or City. Setbacks. All setbacks shall be measured from the future right-of-way line as identified by the Weld County Code or the City of Evans Transportation Master Plan, whichever is greater. Screening. Any development proposing outdoor storage and/or non-residential uses within 1,000 feet of residential uses shall be screened from view by opaque fencing, earth berms, dense landscaping, hardscaping or any combination of these methods. For the purposes of this section, opaque fencing shall not include chain -link fencing with slats. Lighting. All lighting fixtures, including wall pack lighting and other service area and security lighting, shall be full cutoff fixtures and mounted so that light is directed downward. Light sources shall be concealed or shielded so as to minimize up -light, spill -light, glare and unnecessary diffusion on neighboring properties. Signage. Freestanding signs shall meet a minimum setback distance of fifteen (15) feet from the property line (or property lines based on future right-of-way dedications) and are encouraged to be mounted on a monument base. Pole -mounted signs are prohibited. Such signs shall not exceed sixteen (16) feet in height or seventy-two (72) square feet per side of sign. All other signage shall be in conformance with the City of Evans Sign Code or the Weld County Code depending on where the development is situated. Paving of parking lots. All parking lots and driveways which are designed to be used for employee, visitor or customer parking with direct access to a City street shall be paved with asphalt, concrete or other material mutually approved by the County and City. Additionally, all parking lots and driveways shall include an approved method of tracking control to prevent tracking of mud and debris onto City streets. Created: 2022-04-11 15:48:55 [EST] (Supp. No. 76) Page I. of I. Pivo ������� Energyt Pivot Solar 35 LLC Development Standards Statement The statement shall demonstrate how the proposed facility complies with the following development standards for Solar Energy Facilities: 1. Height limitation. Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height, measured from the highest grade below each solar panel to the highest extent of the solar panel rotation. The ground -mounted solar facility will not exceed 25 feet in height, as measured from the highest grade below each solar panel to the highest extent of the solar panel rotation. 2. Glare. Concentrated solar glare from solar collectors shall not be directed toward or onto nearby properties or roadways at any time of the day. A glare study using ForgeSolar has determined that there are no glare concerns with the proposed project in the desired location. 3. Setbacks. The improved area shall conform to the setback requirements of the underlying zone. Additionally, the improved area must be at least five hundred (500) feet from existing residential buildings and residential lots of a platted subdivision or planned unit development. The residential setback requirement may be reduced if appropriate screening through landscape or an opaque fence is installed, or upon submittal to Weld County of a waiver or informed consent signed by the residence owner agreeing to the lesser setback. If landscaping or opaque fencing is substituted for setback, a landscaping plan or fencing plan shall first be submitted to and approved by the Department of Planning Services. Pivot acknowledges the Agricultural zone requirements. The improved area and location of the solar facility is located within 500 feet from (what we believe to be) 5 residential homes. Pivot will work with the County and/or neighbors to meet the development standard requirements. 4. Dust mitigation. The operators of the 5 ACRE SEF shall continuously employ the practices for control of fugitive dust detailed in their dust mitigation plan submitted as required by Subsection B.2., above. Please see the attached Dust and Weed Mitigation Plan that lays out the employment of practices for control of fugitive dust. 5. Underground cables. All electrical cables on the improved area shall be buried, except for direct current string wires that connect between solar collectors, direct current collection circuits between rows of solar arrays that are no more than four (4) feet above pivotenergy.net Pivo ������� Energyt Pivot Solar 35 LLC Development Standards Statement grade crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts (where necessary). Our DC circuits will be mostly in above ground CAB which typically is 42" above grade (minimum). Our low voltage AC circuits will all be buried but, as of now, our plan is to have our medium voltage (12.47kV) interconnection equipment on overhead poles. 6. Fencing. The 5 ACRE SEF shall be enclosed with a security fence as approved pursuant to a fencing plan submitted to the Department of Planning Services. Appropriate signage shall be placed upon such fencing that warns the public of the high voltage therein. The solar facility will be surrounded by an 8 -foot wildlife -friendly game fence. Please see the Landscape and Fencing plan for additional information. 7. Stormwater management. The Operator of the 5 ACRE SEF shall submit a drainage report to comply with required Storm Drainage Criteria pursuant to Chapter 8, Article XI of this Code. Additional requirements for Municipal Separate Storm Sewer System (MS4) areas may be applicable pursuant to Chapter 8, Article IX of this Code. Ground -mounted solar collector systems shall be exempt from impervious surface calculations if the soil under the collectors is designated hydrologic A or B soil groups by the Natural Resources Conservation Service (NRCS). Please see the Drainage Report that has been submitted as part of the initial application for additional information. 8. Access permit. Prior to construction of the 5 ACRE SEF, the applicant shall apply for and obtain an approved Access Permit from the Weld County Department of Public Works, pursuant to the provisions of Article XIV of Chapter 8 of this Code. If required, Pivot will apply for and obtain an Access Permit from Weld County Public Works prior to development. 9. Existing irrigation systems. The nature and location or expansion of the 5 ACRE SEF must not unreasonably interfere with any irrigation systems on or adjacent to the solar facility. Only well water with limited pumping rights on site. SEF will not affect irrigation. pivotenergy.net PIVOT ENERGY SOLAR FARM ON COOK PARCEL USE BY SPECIAL REVIEW (USR) CASE NUMBER: LOCATED IN SECTION 11, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO CASE NUMBER: NOTES T A LAYOUT OF THE SOLAR FACILITY IS NOT YET CONCEPTUALIZED FINAL LOCATIONS FOR EQUIPMENT AND AU. OTHER FACILITY COMPONENTS MAY BE ANYWHERE WITHIN THE SOLAR SITING ENVELOPE HATCHED ON THESE PLANS 1 TREES WERE NOT OBSERVED WITHIN THE MA.ARITY OF PROPOSED SOLAR ARRAY AREAS IF NECESSARY TREES AND SHITUBS ARE TO BE REMOVED TO ALLOW FOR THE INSTALLATION OF THE ARRAYS AND TO ELIMINATE SHADING 3 ENERTIA CONSUL TING GROUP. LLC ASSUMES NO RESPONSIBILITY FOR UTILITY LOCATIONS UTILITIES SHOWN ON THIS DRAWING HAVE BEEN LOCATED IT IS THE CONTRACT ORS RESPONSIBILITY TO FIELD VERIFY THE LOCATION OF Au. UIIUTIES PRIOR TO MOBILIZATION AN B FT GAME FENCE WILL BE INSTALLED TO SURROUND THE SOLAR ARRAYS GATES WILL BE PROVt€D FOR ACCESS KA N Q PROJECT BOUNDARY PROPOSED FENCE OIL WELL SETBACK LIMITS CF USR (23.66 ACRES; a w av , c z z • u • s • Q' et; z C Pigo 4 {zyyS h C w r Z M .- d z� 7 zr au a -, W S <u a t G 'Ag a �y a I- o z 0a < d �w Q Z 9 rz a Q O M1 W LL ID � o g U, Z� aLi a ' • Z w o a u a a aa a I U 2 8 W Q^- C W '750 15TH ST SUITE 400 8 z 0 � 3 e w CCaCC a J J (_) Q < w i a a IY NC z O m O Luvw; r U, O a - z a F-- 0 J a FOR IMIIID tali TY hfOIMA TOE Milt ISI SUOMESS DAYS arose YOU D10 CALL Sit uTlltr IOTTVTCATTON CENTII OI COLORADONMCCI V E RI' •I S.JA . SAW tS '.I Itaw jCE ORICJWI, LAMA Z; J - nLA. t. DATE JULY 15.2022 FILE DWG SHEET 3 OF 5 in Pivot Energy Pivot Solar 35 LLC — Decommissioning Plan Weld County requires that Pivot Solar 35 LLC ("Pivot") submit a Decommissioning plan to the Department of Planning Services as part of the final administrative review and approval process for a Solar Generation facility. The decommissioning costs will total approximately $107,200. The useful life of the solar facility is expected to be at least 20 -years. At the end of the project's useful life, Pivot will suspend operations and decommission the plant, which will include any necessary demolition, removal of above and below ground equipment, and site reclamation efforts. Pivot's obligation under the Solar Lease Agreement is to return the site to the landowner in substantially the same condition that the property was in prior to the improvements being made. This document establishes a detailed plan for decommissioning and reclamation activities once the project reaches the end of its useful life. The proposed activities will likely need to be refined throughout the project's life to reflect future best practices of the solar industry. Pivot has assumed the planning process will be initiated one to two years prior to the anticipated end of commercial operation. The final plans will be developed in consultation with Weld County and any other applicable agencies that have jurisdiction of activities in the decommissioning process. 1. The key tasks of project decommissioning are divided into related activities that represent milestones in the process. Each activity is described in further detail below. The decommissioning schedule reflects the conceptual timing of the milestones and overall process. The individual project components to be decommissioned will either be 1) recycled or reused to the maximum extent practicable, or 2) removed from the site and disposed of at an appropriately licensed disposal facility. The general decommissioning approach will be the same whether a portion of, or the entire Project is decommissioned. The activities involved in the facility closure will depend on the expected future use of the site. Certain facility equipment and features may be left in place at the property owner's request, such as transmission facilities, roads, and drainage features. At the time of decommissioning, a plan will be submitted to the County proposing the equipment that will be removed and, if applicable, equipment that will remain, based on expected future use of the site. Pre -closure activities include final closure and reclamation planning, which identifies measures to be taken to restore the site to near pre -construction conditions. This includes but is not limited to the following: • Complete an analysis of the project materials and their composition to identify those specific components that may be recycled, re -used, scrapped, or sent to disposal sites; as well as identifying specific recycling facilities and disposal sites for materials. • Coordinate with local officials to obtain permits and develop plans for the transportation of materials and equipment to and from the site. • Develop specifications for demolition and reclamation, which will serve as the basis for contractor bids for decommissioning the project and establish the scope of demolition and reclamation, including developing reclamation plans in compliance with local, state, and federal regulations. pivotenergy.net in Pivot Energy Pivot Solar 35 LLC — Decommissioning Plan During the planning process Pivot will brief the County and other applicable agencies on the decommissioning process and plans. All necessary permits and approvals required for the decommissioning will be obtained prior to commencing operations. The first step in the decommissioning process will be assessing existing site conditions and preparing the site for demolition. Site decommissioning and equipment removal is expected to take up to one year. Therefore, access roads, fencing, some electrical power, and other facilities will temporarily remain in place for use by the decommissioning workers until no longer needed. Demolition debris will be placed in temporary onsite storage areas pending final transportation and disposal and/or recycling according to the procedures listed below. A plan will be implemented for de -energizing portions of the facility to allow safe decommissioning and formal lock out and tag out procedures. This will ensure all electrical components are placed and maintained in a safe condition for demolition activities prior to the start of work. PV Module and Tracker Removal and Recycling During decommissioning, project components that are no longer needed will be removed from the site and recycled, reused or disposed of at an appropriately licensed disposal facility. The first operation is to disconnect and remove modules from the tracker assemblies. Next, the tracker and mounting structures, DC wiring materials, and combiner boxes will all be assembled and segregated for disposal or salvage. Steel piles that support the PV racking system will be removed and either re- used or recycled to the maximum amount possible. Below ground portions of the supports will either be removed or cut off at least two feet below ground surface and left in place. The demolition debris and removed equipment will be safely removed from the premises and transported to an appropriately licensed disposal facility or recycling center. Photovoltaic modules will either be re -used, recycled or disposed of in accordance with applicable laws at the time of decommissioning. Roads Onsite access roads will remain in place during the decommissioning process. The roads may remain intact after decommissioning if the property owner deems them beneficial for the future use of the site. Roads that will not be used after the solar project's decommissioning will be removed at the end of the process. Fencing Project site perimeter fencing will be removed at the end of the decommissioning project, unless it may be utilized for future use of the site and the property owner requests the fence remain in place. This includes the removal of all posts, fencing material, gates, etc. to return the site to pre -project condition. Transportation and Clean up During the disassembly and demolition process, materials will be segregated and temporarily placed in gathering areas for transportation. Various materials including, but not limited to, concrete, steel, aluminum, and copper will be temporarily stockpiled at or near a designated processing location pending transport to an appropriate offsite recycling facility. All such materials will then be transported from the site to approved designated facilities for recycling, scrapping or disposal. All metals will be recycled to the extent practical given the recycling options available at the time of decommissioning. pivotenergy.net in Pivot Energy Pivot Solar 35 LLC — Decommissioning Plan In general, the decommissioning will be undertaken using traditional heavy construction equipment including, but not limited to, front end loaders, cranes, track mounted and rubber -tired excavators, bull dozers, and scrapers. Areas where excavation is required will be backfilled with natural material and compacted. Any voids left from the removal of foundations will be backfilled with surrounding subsoil and topsoil and fine graded to ensure suitable drainage and reclamation of natural grades. Soil management and re -contouring operations will be conducted to minimize the surface area disturbance and implement the activities in the safest and most efficient manner and in accordance with applicable local requirements. Major earthwork is not anticipated as construction of the site will not alter the general grade across the site. To account for post -decommissioning dust control, areas of exposed soils will be revegetated, consistent with the expected future use of the site and State or County requirements. The native dry grass vegetation will be re- established to prevent the spread of weeds. Mulching or palliatives may be used for temporary dust control until vegetation is established. Monitoring Site Restoration Upon completion of the decommissioning process, a one-year restoration monitoring period will begin. Monitoring will ensure that grading and drainage implemented is successful in stabilizing water flow patterns and that the cover vegetation (native dry grass vegetation or other depending on land use) will be reestablished to prevent the spread of weeds. Corrective actions will be implemented if such monitoring determines adverse conditions are present because of an inadequate restoration. 2. Decommissioning/ Reclamation Cost Estimates Pivot commits to working together with the County to update the cost estimates every five years from the establishment and submittal of the security bond. The cost estimates will include all costs associated with the dismantling, recycling, and safe disposal of facility parts and site reclamation activates and consider the salvage value of the facility. Initial cost estimate (2022): Fencing $3,200 Structures $44,000 Modules $32,000 Electrical $16,000 Site Restoration $12,000 Total $107,200 The scope includes: • Electrical permit fees • Removal and disposal of wildlife -friendly game fence • Removal of racking and foundations pivotenergy.net in Pivot Energy Pivot Solar 35 LLC — Decommissioning Plan • Removal of modules • Removal of electrical equipment (transformers, pads, etc.) • Removal of electrical DC string wiring and AC underground wiring • Site restoration and reclamation • Waste disposal fees • Temporary restrooms and necessary facilities for workers • Safety and protection equipment pivotenergy.net ENERTIA CONSULTING GROUP LLC July 15, 2022 Weld County Planning and Building Department 1555 N 17th Ave Greeley, CO 80631 RE: Drainage Narrative Pivot Solar Energy Solar Facility on the Cook Parcel Weld County Road 33, Weld County To whom it may concern: 1515 Market Street, Ste 100 Denver, CO 80202 (720) 792-3917 rick.hagmayer@enertiacg.com This drainage narrative is intended to provide Weld County with drainage and land disturbance information related to a proposed 23.66 -acre solar facility identified as Pivot Energy Solar Facility on the Cook Parcel (Project). The Project will be designed and will be constructed and maintained in a manner that minimizes storm water related impacts, in accordance with 2020 Weld County Engineering and Construction criteria. Project Specific Information Project Name, Property Address and Weld County Parcel No. Pivot Energy Solar Facility on the Cook Parcel, Parcel No. 105711200018 Developer/Owner Pivot Energy, 1750 15th Street, Suite 400, Denver, CO 80202 Site/Civil Engineer Enertia Consulting Group, LLC, 1515 Market Street, Denver, CO 80202 Project Location and Description The Project will consist of up to an approximate 5 MW solar facility located on approximately 23.7 -acres of undeveloped land within a +/- 27.40 -acre property; and within section 11, township 4 North, range 66 West of the 6th P.M., Weld County, Colorado. The Project site is bounded by WCR 33 to the west and agricultural land on the north, south and east. Project components include: up to a 5 MW solar facility with approximately 13,000 solar panels mounted on steel H -piles; concrete equipment pads; 20' gravel access driveway with emergency turn -around; and perimeter fence with access gate. With the exception of a gravel driveway and concrete pads for transformers and inverters, the remainder of the solar facility will not require clearing/grubbing of existing vegetation and grading unless required to prevent shading of the solar array. Weld County Planning and Building Department Page 2 Land Disturbance and Drainage Information Existing Ground Surface Conditions, Drainage Patterns and Imperviousness The 23.7 -acre solar facility project area may be characterized as undeveloped agricultural land. The applicable FIRM Map (No. 08123C1710E), included in Appendix A, indicates that the Project site is located in a Zone X floodplain which is an area of minimal flood hazard. Based on NRCS soils data (also included in Appendix A), the site soils are identified as Loamy Sand classified as Hydrologic Soil Groups A. As shown on Figure 1 in Appendix A, the site ground surface gently slopes at an average of 0-0.5 percent from southwest to northeast of the Project site. In general, storm water is conveyed across the Project area toward the northeast corner of the site. Land Disturbance Activities The site improvements considered as land disturbance activities include installation of: (i) all- weather gravel surface driveway and (ii) concrete equipment pads: (i) Gravel Access Drive — An all-weather gravel surface access drive will extend from the existing access off CR 33. Given the site soils, an 8 -inch -thick gravel Class VI base surface (consistent with similar solar facility access drives within Weld County) is proposed. This depth of gravel over compacted subgrade is sufficient to provide routine and emergency access to the Project. (10 Concrete Equipment Pads — Concrete equipment pads will be installed beneath inverters and transformers and other electrical equipment as required with the development. The pads will be at least 8 -inches thick with reinforcing steel and located generally on the western portion of the site. Lastly, components of the 23.7 -acre solar facility will include up to 13,000 solar panels placed on steel H -piles driven into the ground. Since the solar panels will be tracking panels (rotate through the day to track the path of the sun), the ground surface vegetation beneath the panels will continue to grow. Some minimal grubbing may be necessary to prepare the site with planned native seed mixes. Onsite conditions at the time of seeding will dictate necessity of such methods. The purpose of the seeding is to increase the density of native vegetation; therefore, the grubbing is not considered land disturbance (if it is necessary). Since the layout is unknown at this time, an approximation of anticipated imperviousness from the access drive has been assumed. Land Disturbance Area A total of approximately 24,177 square feet or 0.56 acres of the Project area is anticipated to be disturbed. The total disturbance numbers are summed in the following table. Disturbance Surface Disturbance Area (sf) Disturbance Area (Ac) Type Gravel Drive 22,477 0.516 Concrete Equipment Pads 1,700 0.039 Total 24,177 0.555 Weld County Planning and Building Department Page 3 Hydrologic Design Criteria The following table includes hydrologic design criteria used in this analysis. Parameter Value Unit Reference Time of Concentration, Tc 53.74 min. MHFD Rational (Appendix Peak A) Method Runoff Prediction (Appendix by the A) Runoff Coefficient, C 0.13 - MHFD Table Criteria 6-4 Manual, Chapter 6, 1 -hr Year) Point Rainfall, P1 (100 - 2.31 inches NOAA Rainfall Data (Appendix A) Storm Runoff, Q (100-YR) 7.86 cfs Q = CIA Basin Conditions The footprint of the solar facility and access drive along with the areas delineated by oil setbacks is considered to be the subject drainage area under both existing and proposed conditions. The existing condition basin (identified as basin X1 on Figure 1) was analyzed to calculate the peak runoff for the design storm using an imperviousness percentage of 2%. This percentage is based on the soil type and existing conditions of the site. The proposed condition basin (identified as basin Al on Figure 1) was analyzed to calculate the peak runoff for the design storm using an impervious percentage of 2.98%. This percentage is based on the majority of the site remaining as 2% impervious, 0.04 acres changing to 100% impervious (concrete pad area) and 0.516 -acres changing to 40 percent impervious (access drive area). It should be noted that the tracking solar panels are not classified as ground surface because precipitation falling on the solar panels will shed onto the undisturbed vegetated surface below. Stormwater Runoff The stormwater runoff for existing and proposed conditions is calculated based on the Rational Method. The 100 -year, 1 -hour storm event was analyzed for basins Al and X1. The flow path for the basins is generally from southwest to the northeast corner of the Project site. The average ground surface slope across the flow path is 0.3%. The time of concentration to this point was calculated using MHFD equations are summarized below and can be found on the MHFD Peak Runoff Prediction by the Rational Method form in Appendix A. The Runoff Coefficients are also included in the MHFD Peak Runoff Prediction by the Rational Method and are summarized below. Basin Time of Concentration (Min) Runoff Coefficients (Cioo) X1 54.25 0.13 Al 53.74 0.13 The precipitation data used for the 100 -year, 1 -hour storm event is based on NOAA rainfall data from the Project site and is included in Appendix A. Per the Basin Runoff Calculation (MHFD Weld County Planning and Building Department Page 4 Peak Runoff Prediction by the Rational Method) included in Appendix A the 100 -year runoff flows are as follows: Basin Q,00 (cfs) X1 7.42 Al 7.86 Net +0.42 Under developed conditions, runoff will follow existing drainage patterns and will not significantly increase peak flows (increase from 7.42 cfs to 7.86 cfs). Accordingly, the Project will not require storm water detention. Summary The following list summarizes key components of the Project and findings related to land disturbance and storm water impacts. 1. Installation of the solar facility will temporarily disturb the ground surface within the 23.66 -acre Project area but won't require clearing and grubbing of vegetation or grading, except for concrete equipment pad and gravel access drive installation. 2. Grubbing may be required to provide appropriate conditions for seeding. It is intended for the vegetation throughout the site to be improved as a result, therefore is not considered land disturbance. 3. The areas considered impervious (100 percent impervious 1,700 sf concrete pads) or semi -impervious (40 percent impervious 22,477 sf gravel access drive) total 0.555 acres or 2.29% of the 23.66 -acre solar facility area. 4. Under existing conditions, the peak flow originating from the solar facility area for the 100 yr — 1 hr storm event is 7.42 cfs. 5. Under developed conditions, the peak flow originating from the solar facility area for the 100 yr - 1 hr storm event is 7.86 cfs. 6. The solar facility is located within well -draining Type A soils; therefore detention is not required due to anticipated onsite infiltration. 7. Since the land disturbance is less than 1 acre, a CDPS storm water certificate issued by CDPHE is not required for this Project. 8. Installation and operation of the solar facility is not expected to impact existing drainage patterns or flow rates on or around the Project site. Runoff water quality will not be impacted by the solar facility components. Weld County Planning and Building Department Page 5 9. The Project design will adequately protect public health, safety and general welfare and have no adverse effects on offsite properties. We trust that the information provided is acceptable and complete. Please let me know if you have any questions or require additional information. Please contact me at rick.hagmayer@enertiacg.com or (720) 792-3917 should you require additional information. Sincerely, ENERTIA CONSULTING GROUP, LLC Rick Hagmayer, PE Senior Project Manager attachment Appendix A Reference Documents • FIRM Map • USDA Soils Report • Project Drainage Map • Basin Runoff Calculations • Project Vicinity Map NOTES TO USERS Ten map is for se et aoenni*.nng Vie ntaopnal l'reon Insraar Or Program 11 does not necstaarty Roney all ,teat sutra.tto roocenµ paths 4w1y ham loco drainage sources d amts size The community map repository shook to consulted Tor Coterie updated or edcR,onzi hood natant .ntormatct To oaaln more dataloc adormauon it areas where Bass Flood Elevations (lilts) arelor floodways rave been dens* users are encouraged to comsat the flood PION,* arid Fbcdersy Data anyce Summary of Streamer E emboss tables cordoned wimin tat Flood insurance Stuffy (FISj Repot mat accompanies the FIRM Uses should be ,afro that BFEs shown on the FIRM represent rcunde! viNte400t csvrloru These tiff t IS 'Vendee to flood insurance ram purposes osy and Mould nal be used as the sue tan of tax: sNYabon allormat10n Acaadingly Rood devotion data presented en the RS Repot Mode be Mind n coryundson we It,. F for putzees of cons#udton and er floodplan management Coastal Sass Flood Elevations shown or this map apply orgy landward d 00' North Ansncan Venice Datum d 1946 1NAV) 88) Users of tin FIRM shotic be sere the. coals hood elevations se elst, ptowded en the Sturman d Safe ew Elewt.oni table m tie Flood Inawaantr Study Repot to Ova Iunsachnn Eleva•ons Mown m the Su Tmary of Seawater Eavaborts table should be used to oaslrocton ardeor 9oodpdan msea emote pupoas *hen they we honer dean the eMMtohs Shown on Wes FIRM Bpundwrn of ere floodways now compact at aces sedan .Tina nterpuulted between moss sectors The moodwaye were bated on Ovenware consede'al,ons win regard to teputsm nts of the P%alone Flood Intuiting ROgtim 1'oOOway widths and ahem pertinent fooaray data we peotdsd en to Flood Insurance Study Report tot 1M tundtcbon Cretan sun not in Spe a Flood find MIAs may be protected by flood control structures Rehr to Seaton 2 4 -Flood Protection Measurer of Re Flood insurance Study R/]On for adoration or flood ratted structure, for els ponsdidon Tie prerc*On used de the prepyateon d tits rniip was Utwrw)et Tram.erM %Stator fuTM) we I) Tre horizontal datum wee MAD a). GRS 1960 spheral Ddlereneeas in datum sphieced prgatUkn or UTM tares used in the ttnducuol of F RUB la adjacent Iunsd.aw%s may ,epee en Or poWatat dadeltoes in map fealties scrota jurisdiction bounclsles Tense ddrwenoes no not dace the seaway of tha FIRM Flood eletstons on tae map are referenced b Me North Amenc,•n vncs Datum of 1988 These dodo els eaeons ' n e be Compered b Lucius end growls elevbons referenced to the sane vveted datum For siflmaeon reason; conversion between the Naleonal :ismdWc Venter Datum d 1929 and the Nowt' Am•ncan Vertical Datum of 1968 wsa tfe Nmons Geedree Suvay mebeae et rdVO)Mliytangtnoaa,gwr a ccrtact the National Geodetic Survey at the foffo'rng address. NG5 tntomab n Setwcas MCA* PANGS,: N81to+W Geodetic Survey 6S&tC 3 •9202 1315 Ea:ROAM Highway Sever Sprang Marytsd 20910.3202 13011 713-3242 To obis tuned Seaton desctlplS, arid* IOCatloll udrrrmr,or tit bench mars VISA' u this crap. pee Oollial M'e OtOpttall011 Seas Broth or tree Nat we Geodetic Survey M (3011713. 3242 a tAsA as seabeds at nw.11s1Ki40zy Base map ntormaron Mown on this FIRM was termed flan NAP OtngRnhoypny Produced with o one meter wound re aty:sor from photography deed 2013 Ire prodliffil baselines depicted on Mamas) neaten. the hydraulic modeling basehnss that matt De flood proMes n ('is FIS moon AS a result d improved tapogreptvc data the profile baseline rl toms uw. may dents egMrcluity from the channel nantotarre at appear outside the SFNA this map r.Aacts mu a dNdtd and up-to-date stream channel connpuratans than those shown on :he pteer.ous FIRM I<r UVs Junschtlio a The f uodplare and floodways tens twos nwlslened hem two o evtha FIRM may rove been antigen to conform to these new strewn channel coreguratlone As • result the Rood Profiles and Roadway Data rabies for rnirltple street* en the Flood thwar t:r Study Rapon hewn canons auhateaWl hpdradtc data) met rettad Mier Cannel Mason the Slit, from wtud ,s stern' On tl•s mad Corpasr limits shown on this map we bossed on the beet data arszaLie a the tone N Tkuflritknt F1wtauw rharV;ss due ro nrrerahma or Csennersatns may rays =tined its the map was pubtnhedmap users should contact hdorop'ete community dfrttats to wanly currant corporate amt lecati 0ns Pteese rear to the separate, owe Map Index for an street map d the county sWrweng the Lemma of mop penis axrrtee,wrwty mop 'eprnedty addrsaweti. and a tasting of Carnotite* table zresnry National Flood Isswarece Prucrem dates to meth tannery as sat se a Sting co Ire panels on leech darn oatwnuMy is toasted For Infamajon an available products asaaaatsd van in FIRM Nat toe Map Dena Coals (MSC) wetness a liti Lcl9ilitsla: AWtaMs prafuaa tray include Psv assay nued Letters d Slap Change. a Flood tnsuriro Study Report exact dgaal versions d the map Many of thew products can be adeted Of Maned tray from the MSC websne If you hate questions about this map, tow to odei pr0e3uc1s or the Minns Flood Irnurace Program en genetstplease cat the FEMA Map Information slcming, (FUIX) wl 1477FFMA4IAP 1-877.3.2627r or Na 'he FFMA abide * r:4tR:. tdIt iCliti sbitiLa,nk1t Ind 4- 1•. 4n 22 W a •'e T)"- 4 uten'nef Town of Milliken 1180187 6 `e5SVA"w UJ 7 40' 18' 45' 104' 41 45' s17af N trltl.t . t OI, uutpurririlab \ ut�1266 ti J. 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Vest pflie(MINI to a— --.-n• r Oral nw.esn • nelare n or sane. wane /v./ rw.s.o 4•^ r•I ease hinenr Ilene' sews r._-. of e 0001630 n07u MAP SCALE 1' a /407 fes t 1000 no. re. -r --C -s— beef leTERt ar zb s 300 tilittra NFF F. 1111111 till ° PANEL 1710E e ten mom sfsawn<TpyA Notice %nooks Conamunty used donetun47 FIRM FLOOD WELD COLORADO AND PANEL antra COMOMIX MIDrdOesn INCORPORATED 1710 MAP Cma 1n Ute he Cr' "SW INSURANCE COUNTY, MOC_% Co used Number RATE MAP AREAS OF 2250 TOR FIRM twin tAiwi: !PAW fat satin arc oat I 450,1 ire e no I'll I the Map Number yam bum wten (Soong map orders le Shen IOW, Mould Da anti applr*oaths eel OW Mr4fCt o m B .t '' orl tLV eat ot P'•r 0 . •'I .r I111bll 110 t `IIJ II 'I It, •, CD 1 111 ej 1 Zl $F •r4a ` MAP NUMBER 08123C1710E EFFECTIVE DATE JANUARY 20, 2016 0 Ill di � Federal latergesq Masagrmeut %tesr7 I 1529 MARKET STREET :: EIJ ERTI SUITE 200 DENVER CO 80202 1 Luria/ i GROUP Llf (720) 250-8305 FIGURE 1 - PROXIMITY MAP & DESIGNATED TRAVEL ROUTE PIVOT ENERGY SOLAR FARM ON COOK PARCEL WELD COUNTY, COLORADO DATE: 7/15/2022 SCALE: 1" = 5,000' BY NM USDA United States Department of Agriculture N RCS Natural Resources Conservation Service A product of the National Cooperative Soil Survey, a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local participants Custom Soil Resource Report for Weld County, Colorado, Southern Part July 12, 2022 Preface Soil surveys contain information that affects land use planning in survey areas. They highlight soil limitations that affect various land uses and provide information about the properties of the soils in the survey areas. Soil surveys are designed for many different users, including farmers, ranchers, foresters, agronomists, urban planners, community officials, engineers, developers, builders, and home buyers. Also, conservationists, teachers, students, and specialists in recreation, waste disposal, and pollution control can use the surveys to help them understand, protect, or enhance the environment. Various land use regulations of Federal, State, and local governments may impose special restrictions on land use or land treatment. Soil surveys identify soil properties that are used in making various land use or land treatment decisions. The information is intended to help the land users identify and reduce the effects of soil limitations on various land uses. The landowner or user is responsible for identifying and complying with existing laws and regulations. Although soil survey information can be used for general farm, local, and wider area planning, onsite investigation is needed to supplement this information in some cases. Examples include soil quality assessments (http://www.nrcs.usda.gov/wps/ portal/nrcs/main/soils/health/) and certain conservation and engineering applications. For more detailed information, contact your local USDA Service Center (https://offices.sc.egov.usda.gov/locator/app?agency=nrcs) or your NRCS State Soil Scientist (http://www.nres.usda.gov/wps/portal/nres/detail/soils/contactus/? cid=nrcs142p2_053951). 142p2_053951). Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet soils are poorly suited to use as septic tank absorption fields. A high water table makes a soil poorly suited to basements or underground installations. The National Cooperative Soil Survey is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local agencies. The Natural Resources Conservation Service (NRCS) has leadership for the Federal part of the National Cooperative Soil Survey. Information about soils is updated periodically. Updated information is available through the NRCS Web Soil Survey, the site for official soil survey information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require 2 alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. 3 Contents Preface 2 How Soil Surveys Are Made 5 Soil Map 8 Soil Map 9 Legend 10 Map Unit Legend 11 Map Unit Descriptions 11 Weld County, Colorado, Southern Part 13 72 Vona loamy sand, 0 to 3 percent slopes 13 References 15 4 How Soil Surveys Are Made Soil surveys are made to provide information about the soils and miscellaneous areas in a specific area. They include a description of the soils and miscellaneous areas and their location on the landscape and tables that show soil properties and limitations affecting various uses. Soil scientists observed the steepness, length, and shape of the slopes; the general pattern of drainage; the kinds of crops and native plants; and the kinds of bedrock. They observed and described many soil profiles. A soil profile is the sequence of natural layers, or horizons, in a soil. The profile extends from the surface down into the unconsolidated material in which the soil formed or from the surface down to bedrock. The unconsolidated material is devoid of roots and other living organisms and has not been changed by other biological activity. Currently, soils are mapped according to the boundaries of major land resource areas (MLRAs). MLRAs are geographically associated land resource units that share common characteristics related to physiography, geology, climate, water resources, soils, biological resources, and land uses (USDA, 2006). Soil survey areas typically consist of parts of one or more MLRA. The soils and miscellaneous areas in a survey area occur in an orderly pattern that is related to the geology, landforms, relief, climate, and natural vegetation of the area. Each kind of soil and miscellaneous area is associated with a particular kind of landform or with a segment of the landform. By observing the soils and miscellaneous areas in the survey area and relating their position to specific segments of the landform, a soil scientist develops a concept, or model, of how they were formed. Thus, during mapping, this model enables the soil scientist to predict with a considerable degree of accuracy the kind of soil or miscellaneous area at a specific location on the landscape. Commonly, individual soils on the landscape merge into one another as their characteristics gradually change. To construct an accurate soil map, however, soil scientists must determine the boundaries between the soils. They can observe only a limited number of soil profiles. Nevertheless, these observations, supplemented by an understanding of the soil -vegetation -landscape relationship, are sufficient to verify predictions of the kinds of soil in an area and to determine the boundaries. Soil scientists recorded the characteristics of the soil profiles that they studied. They noted soil color, texture, size and shape of soil aggregates, kind and amount of rock fragments, distribution of plant roots, reaction, and other features that enable them to identify soils. After describing the soils in the survey area and determining their properties, the soil scientists assigned the soils to taxonomic classes (units). Taxonomic classes are concepts. Each taxonomic class has a set of soil characteristics with precisely defined limits. The classes are used as a basis for comparison to classify soils systematically. Soil taxonomy, the system of taxonomic classification used in the United States, is based mainly on the kind and character of soil properties and the arrangement of horizons within the profile. After the soil 5 Custom Soil Resource Report scientists classified and named the soils in the survey area, they compared the individual soils with similar soils in the same taxonomic class in other areas so that they could confirm data and assemble additional data based on experience and research. The objective of soil mapping is not to delineate pure map unit components; the objective is to separate the landscape into landforms or landform segments that have similar use and management requirements. Each map unit is defined by a unique combination of soil components and/or miscellaneous areas in predictable proportions. Some components may be highly contrasting to the other components of the map unit. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The delineation of such landforms and landform segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, onsite investigation is needed to define and locate the soils and miscellaneous areas. Soil scientists make many field observations in the process of producing a soil map. The frequency of observation is dependent upon several factors, including scale of mapping, intensity of mapping, design of map units, complexity of the landscape, and experience of the soil scientist. Observations are made to test and refine the soil -landscape model and predictions and to verify the classification of the soils at specific locations. Once the soil -landscape model is refined, a significantly smaller number of measurements of individual soil properties are made and recorded. These measurements may include field measurements, such as those for color, depth to bedrock, and texture, and laboratory measurements, such as those for content of sand, silt, clay, salt, and other components. Properties of each soil typically vary from one point to another across the landscape. Observations for map unit components are aggregated to develop ranges of characteristics for the components. The aggregated values are presented. Direct measurements do not exist for every property presented for every map unit component. Values for some properties are estimated from combinations of other properties. While a soil survey is in progress, samples of some of the soils in the area generally are collected for laboratory analyses and for engineering tests. Soil scientists interpret the data from these analyses and tests as well as the field -observed characteristics and the soil properties to determine the expected behavior of the soils under different uses. Interpretations for all of the soils are field tested through observation of the soils in different uses and under different levels of management. Some interpretations are modified to fit local conditions, and some new interpretations are developed to meet local needs. Data are assembled from other sources, such as research information, production records, and field experience of specialists. For example, data on crop yields under defined levels of management are assembled from farm records and from field or plot experiments on the same kinds of soil. Predictions about soil behavior are based not only on soil properties but also on such variables as climate and biological activity. Soil conditions are predictable over long periods of time, but they are not predictable from year to year. For example, soil scientists can predict with a fairly high degree of accuracy that a given soil will have a high water table within certain depths in most years, but they cannot predict that a high water table will always be at a specific level in the soil on a specific date. After soil scientists located and identified the significant natural bodies of soil in the survey area, they drew the boundaries of these bodies on aerial photographs and 6 Custom Soil Resource Report identified each as a specific map unit. Aerial photographs show trees, buildings, fields, roads, and rivers, all of which help in locating boundaries accurately. Soil Map The soil map section includes the soil map for the defined area of interest, a list of soil map units on the map and extent of each map unit, and cartographic symbols displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. 8 — - - - _ - - eras - — Ii... .%- a— �, ---_--e- A se rwolit --S—l.•-.. — _.le - -.- ____ a• Custom Soil Resource Report MAP LEGEND Area of Interest (AO!) Area of Interest (AO1) Soils C Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Y . Blowout r, O 0 v •m 4 4 Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot a Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background iair°§1 Aerial Photography MAP INFORMATION The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA -MRCS certified data as of the version date(s) listed below. Soil Survey Area: Weld County, Colorado, Southern Part Survey Area Data: Version 20, Aug 31, 2021 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Jun 8, 2021 Jun 12, 2021 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. 10 Custom Soil Resource Report Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 72 Vona loamy sand, percent slopes 0 to 3 29.7 100.0% Totals for Area of Interest 29.7 100.0% Map Unit Descriptions The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits for the properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management. These are called contrasting, or dissimilar, components. They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate pure taxonomic classes but rather to separate the landscape into landforms or landform segments that have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, onsite investigation is needed to define and locate the soils and miscellaneous areas. 11 Custom Soil Resource Report An identifying symbol precedes the map unit name in the map unit descriptions. Each description includes general facts about the unit and gives important soil properties and qualities. Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps. The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha -Beta complex, 0 to 6 percent slopes, is an example. An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha -Beta association, 0 to 2 percent slopes, is an example. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example. Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. 12 Custom Soil Resource Report Weld County, Colorado, Southern Part 72 Vona loamy sand, 0 to 3 percent slopes Map Unit Setting National map unit symbol: 363r Elevation: 4,600 to 5,200 feet Mean annual precipitation: 13 to 15 inches Mean annual air temperature: 48 to 55 degrees F Frost -free period: 130 to 160 days Farmland classification: Farmland of local importance Map Unit Composition Vona and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Vona Setting Landform: Terraces, plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Alluvium and/or eolian deposits Typical profile HI - 0 to 6 inches: loamy sand H2 - 6 to 28 inches: fine sandy loam H3 - 28 to 60 inches: sandy loam Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): High (1.98 to 6.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Maximum salinity: Nonsaline to slightly saline (0.0 to 4.0 mmhos/cm) Available water supply, 0 to 60 inches: Moderate (about 6.5 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4e Hydrologic Soil Group: A Ecological site: R067BY024CO - Sandy Plains Hydric soil rating: No Minor Components Remmit Percent of map unit: 10 percent Hydric soil rating: No 13 Custom Soil Resource Report Valent Percent of map unit: 5 percent Hydric soil rating: No References American Association of State Highway and Transportation Officials (AASHTO). 2004. Standard specifications for transportation materials and methods of sampling and testing. 24th edition. American Society for Testing and Materials (ASTM). 2005. Standard classification of soils for engineering purposes. ASTM Standard D2487-00. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetlands and deep -water habitats of the United States. U.S. Fish and Wildlife Service FWS/OBS-79/31. Federal Register. July 13, 1994. Changes in hydric soils of the United States. Federal Register. September 18, 2002. Hydric soils of the United States. Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric soils in the United States. N ational Research Council. 1995. Wetlands: Characteristics and boundaries. Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service. U .S. Department of Agriculture Handbook 18. http://www.nrcs.usda.gov/wps/portal/ nres/detai I/national/soils/?cid=nres 142p2_054262 Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for making and interpreting soil surveys. 2nd edition. Natural Resources Conservation Service, U.S. Department of Agriculture Handbook 436. http:// www.nres. usda.gov/wps/portal/nres/detail/national/soils/?cid=n res142p2_053577 Soil Survey Staff. 2010. Keys to soil taxonomy. 11th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. http:// www.nres.usda.gov/wps/portal/nres/detail/national/soils/?cid=n res142p2_053580 Tiner, R.W., Jr. 1985. Wetlands of Delaware. U.S. Fish and Wildlife Service and Delaware Department of Natural Resources and Environmental Control, Wetlands Section. U nited States Army Corps of Engineers, Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. Waterways Experiment Station Technical Report Y-87-1. U nited States Department of Agriculture, Natural Resources Conservation Service. N ational forestry manual. http://www.nres.usda.gov/wps/portal/nres/detail/soils/ home/?cid=nrcs142p2_053374 U nited States Department of Agriculture, Natural Resources Conservation Service. N ational range and pasture handbook. http://www.nrcs.usda.gov/wps/portal/nrcs/ detail/national/landuse/rangepastu re/?cid=stel prdb 1043084 15 Custom Soil Resource Report U nited States Department of Agriculture, Natural Resources Conservation Service. N ational soil survey handbook, title 430 -VI. http://www.nrcs.usda.gov/wps/portal/ nres/detai I/soils/scientists/?cid=nres 142p2 054242 U nited States Department of Agriculture, Natural Resources Conservation Service. 2006. Land resource regions and major land resource areas of the United States, the Caribbean, and the Pacific Basin. U.S. Department of Agriculture Handbook 296. http://www.nres.usda.gov/wps/portal/nres/detail/national/soils/? cid=nrcs142p2_053624 U nited States Department of Agriculture, Soil Conservation Service. 1961. Land capability classification. U.S. Department of Agriculture Handbook 210. http:// www.nres.usda.gov/Internet/FSE_DOCUMENTS/nres142p2_052290.pdf 16 0 - 0 Cp E ` ` i 1 3 . -. . BER: 8 S A; • _ I if 1 1 4. ti 2 • I L 1 O O O O - - _ - 12 o g Ji _ . . 0 o g _ . ' & 0 o 0 i V3 I a 0 3 r 2 I " i , S 0 v 0 v • w 0 41,41 v 0 .. it T awe i4 Overland 'Outsell Flow Time - i• 11 �7 Ti Al r , - - 6.4 c Q a a ' I r:. VS S WELD COUNTY ROAD 33 :z 8 a 0 P=4 a1a il 11 la a T _ g ti :1 ell? •,-; Ill 1 S • Q a a v Y r a C 4 J'pL4 Ch.nrella.d (Travel, Flow Time r - - - - _ .rt► _ O J . ... Ic � a e 3 g I' n. J 8 N O 8 Y Pi j ! 1i_� • • ..f + 1 a I. ' \ - \ •I N.C _ ti ry 2 q • T , 4 �' r 1 `A 'il '` u 0 V o -. IT r p g, 1 , Z �•_ J i e c �'c - 3 ✓. a. c e,Sz :c ..... 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N �ig, ' f ; en PIVOT ENERGY SOLAR FACILITY 35 ON COOK PARCEL wan COum COLORADO 1*`p % g& • 750 15TH DENVER P • I VOt Energy ST SUITE 4C CO62202 , :; EN E RTI A •52S MARKET STREET SUITE 200 DENVER COLORADOanot OVERALL DRAINAGE AREA MAP DATE REVISION DSGNPIVOT DR NS c"K RH APVO RM AEUSE OF DOCU T.RS DOCUMEN' A.NO '.4E IOEASAND t :SIGNS ►4CORPOFUI TEO..EREIN AS AN WST RU NT Oi PRO: FS310NAi SEkVI.`E IS T..E PkoptRTV LK EN CONSULTING GROUP AND IS NOT TO SE USED IN WHOLE OR IN PMT FOR Mty OTHER PROJECT WITHOUT THE WRITTEN AUTsCRIZATION Ot ENERTW CONSUL TINC GROUP Calculation of Peak Runoff using Rational Method Designer: NRM Company: ENERTIA Date: 8112/2022 Project: PIVOT 35 -COOK Location: WELD COUNTY Version 2.00 released May 2017 Cells of this color are for required user -input Cells of this color are for optional override values Cells of this color are for calculated results based on overrides t 5033 0.395(1.1 - CO).jt Lt Lt tt 60K,1 60V, Computed t =t,+tt LL Regional t = (26 — 17i) + 60(141+ 9),ITL t t,,,;r,,,,,u,,,= 5 (urban) trr„r,,rr,ur„= 10 (non -urban) Selected t, = max(tminimum , min(Computed t ,Regional t )j Seleci UDFCD location for NOAA Atlas 14 Rainfall Depths from the pulldown list OR enter your own depths obtained from the NOAA we.bsite (click this link) 2-yr 5-yr 10-yr 25-yr 50-yr 100-yr 500-yr 1 -hour rainfall depth, P1 (In) =j 0.83 .1 1.09 .1 1.33 .1 1.69 I 1.99 I 2.31 .1 3.14 Rainfall Intensity Equation Coefficients = a b c 28.50 10.00 0.786 I (in/Itr j = (b + tc)° Q(cfs) = CIA Subcatchment Name Area (ac) NRCS Hydrologic Soil Group Percent Imperviousnes s Runoff Coefficient, C Overland (Initial) Flow Time Channel zed (Travel) Flow Time Time of Concentration Rainfall Intensity, I (in/hr) Peak Flow, Q (cfs) 2-yr 5-yr 10-yr 25-yr 50-yr 100-yr 500-yr Overland Flow Length L, (ft) U/S Elevation (ft) (Ol.:icmal, D/S Elevation (ft) (Oi,:ion:Ji Overland Flow Slope S, (ft/ft) Overland Flow Time t, (min) Channelized Flow Length L, (ft) U/S Elevation (ft) (O;,finn,,i; D/S Elevation (ft) 101,:ional) Channelized Flow Slope Sr (ft/ft) NRCS Conveyance Factor K Channelized Flow Velocity V, (ft/sec) Channelized Flow Time t, (min) Computed t,(min) Regional t�(min) Selected t, (min) 2-yr 5-yr 10-yr 25-yr 50-yr 100-yr 500-yr 2-yr 5-yr 10-yr 25-yr 50-yr 100-yr 500-yr Al 23.66 A 2.86 0.01 0.01 0.01 0.02 0.05 0.13 0.27 500 0.003 65.52 872 0.003 5 0.27 53.07 118.59 53 74 53.74 0.90 1.19 1.45 1.84 2.16 2.51 3.42 0.17 0.26 0.37 0.71 2.53 7.86 22.02 X1 23.66 A 2.00 0.01 0.01 0.01 0.01 0.04 0.13 0.27 500 0.003 65.72 872 0.003 5 0.27 53.07 118.79 54.25 54.25 0.89 1.18 1.44 1.83 2.15 2.50 3.39 0.11 0.16 0.24 0.47 2.14 7.42 21.44 Area -Weighted Runoff Coefficient Calculations Version 2.00 released May 2017 Designer: NRM Company: ENERTIA Date: 8/12/2022 Project: PIVOT 35 -COOK Location: WELD COUNTY Subcatchment Name Al LE GEND : Flow Direction C at chni eat B oimday e Cells of this color are for required user -input Cells of this color are for optional override values Cells of this color are for calculated results based on overrides See sheet "Design Info" for imperviousness -based runoff coefficient values. Sub ID -Area Area (ac) Hydrologic Soil MRCS Group Imperviousness Percent Runoff Coefficient, C 2-yr 5-yr 10-yr 25-yr 50-yr 100-yr 500-yr ACCESS 0.52 A 40.0 0.25 0.27 0.28 0.32 0.37 0.42 0.51 PADS 0.04 A 100.0 0.84 0.86 0.87 0.88 0.88 0.89 0.90 FIELD 23.10 A 2.0 0.01 0.01 0.01 0.01 0.04 0.13 0.27 23.66 Total Area (ac) 23.66 Area Area -Weighted -Weighted C Override C 0.01 0.01 0.01 0.02 0.05 0.13 0.27 0.01 0.01 0.01 0.02 0.05 0.13 0.27 1 PIVOT SOLAR COOK PARCEL PROJECT WCR 33 1 ::ENERTIA LW'4SUL IN(, (AQUI) lei 1529 MARKET STREET SUITE 200 DENVER, CO 80202 (720) 250-8305 FIGURE 1 - PROXIMITY MAP & DESIGNATED TRAVEL ROUTE PIVOT ENERGY SOLAR FARM ON COOK PARCEL WELD COUNTY, COLORADO DATE: 7/15/2022 SCALE: 1" = 5,000' BY: NM PivotEnergy Site maintenance is critical to ensure that an operational solar facility meets all conditions of operation. This document outlines the steps the operator will take to ensure the site is properly maintained during construction and throughout the operational life of the facility. If construction occurs during growing season, pivot will apply broadleaf herbicide prior to commencing construction. Once construction is complete, Pivot will re -apply broadleaf herbicide if needed to allow planted native grass seed mix to revegetate. Hydroseed or hydromulch a drought tolerant native grass seed mix in the early spring or early fall. Final seed mix will be determined by an approved professional knowledgeable with re -vegetation means and methods. Mow project area a minimum of once per year, at a cut height of no less than six inches. It is possible that mowing may need to take place twice or more during the growing season Since weed seeds remain viable in the soil for number years, site and weed management is a long-term process. Treated areas will be monitored annually and retreated if necessary, using typical weed management practices and procedures. Preferred method will be hydroseed and hydromulching. If required, nutrient supplementation will take place to ensure the successful establishment of permanent ground cover. Permanent seeding shall occur between December 1 and May 1 or between August 1 and September 1, or as recommended by a vegetation specialist. Temporary seeding areas, which will be ready for stabilization after May 1 and before August 1, shall be seeded with Millet or Sorghum at the rate of 40 pounds per acre, with the amount of fertilizer as specified. The requirement to plant temporary seeding does not eliminate the requirement to plant permanent seeding. Straw mulch is not required for temporary seeding. To consist of native, drought -tolerant, low growth grasses and flowering plants. If viable, preference will be given to a seed mix that can support pollinators. Final mix will be determined at the time of planting by a qualified vegetation specialist. pivotenergy.net PivotEnergy Mow project area once per year at a minimum to a cut height of 6 inches or greater. Walk the site and remove any accumulated debris on either side of the fence line and properly dispose. No burning of trash will be allowed. Apply herbicide as needed to control noxious weeds. Inspect and re -seed any bare ground with permanent seeding. Inspect fence and repair as needed. Inspect all-weather access road and repair as needed. Inspect site for any visible erosion. Remove transported sediment and implement necessary erosion control measures to minimize future maintenance issues. Tactics to control/manage dust during construction may be any of the following (depending on site conditions: A water truck shall be used as determined by the contractor to wet all access roads and disturbed areas as appropriate to control dust and prevent soil loss Construction traffic to use marked temporary or permanent access points to limit cross- country travel and reduce disturbance Vehicle track -out pads to be used for temporary and permanent access points Sediment controls such as silt fences, sediment barriers, and basins shall be in place prior to soil -disturbing activities Runoff shall be diverted when feasible using temporary slope drains, or earthen berms, or ditches pivotenergy.net WELDWeld County WEIR COUNTY. CO PROPERTY PORTAL Property Information (970) 400-3650 Technical Support (970) 400-4357 �.1 Tools Identify Measure Draw Advanced ■ • • • Q Layers Home Legend Results Show Parcels (2) oR Owner Address Account # Parcel # S -T -R Search by 0 crsi Subdivision Adv. Search Data Search Owner: COOK LAURA L 0 Account: R8946702 Parcel: 105711200018 Address: Subdivision: Section: 11 Township: 4N Range: 66W Taxes Property Report Data Search Buffer Sales Owner: COOK TIMOTHY G 0 Account: R8946702 Parcel: 105711200018 Address: Subdivision: Section: 11 Township: 4N Range: 66W Taxes Property Report Data Search Buffer Sales Displaying 1 - 2 (Total: 2) II Page 1 of 1 ► I - Layers Q& Parcels (2) WKID: 4326 Lat/Long • Lat: 40.33536° N Lon: 104.78253° W o 0.2 0.4mi 0 A 4t '1707 zz lit() YE:at t A rrec; Floodway oodway 0 v ie Or 45, L9--S� N. ‘ x lor, Year AE. C,, Y \sic\ 1I'�_ 1,Year AEN\ Floodway �5 O'Year _ .Wate>iElev: 4C9(} 1707F \ i •1708F v9 Basemaps 500tYear Tool Labels X O rte, Pan Initial View Print Identify Point Tools .--. '1'1'1'1'1 Distance I 1726F tt 1730F avairream Yttv,�.� • • S. �•• .- . ■;l F I 1 77 413,4..? Weld County Government I Weld Cot. -4- • 'n ' 1MM Litter arm' •7' ;,.., Weld County Pivot .„, Energy Pivot Solar 35 LLC - Landscape and Screening Plan Pivot Solar 35 LLC is being constructed near the intersection of Weld County Roads 33 and 46. The site is approximately 25 aces in size. Other nearby uses include center pivot agriculture, as well as an existing oil and gas well onsite. Solar facilities present a low profile, especially when compared to other operational energy and commercial facilities already present on and near the property. As such, these installations generate very little visual impact to neighboring properties and typically require little in the way of visual buffering. The main strategy employed to lessen visual impact of the proposed installation is to surround the facility with a decorative, wildlife friendly game fence which will serve to break up the visual impact of the facility when viewed from adjoining properties. Within the fence line and on any other areas disturbed during construction, applicant will establish native, low -growth grasses in keeping with vegetation common for the area to allow the project area to blend in with the surroundings. pivotenergy.net Xcel Energy® Garden ID: SRC087292 8/9/2022 Pivot Solar 35 LLC 1750 15th St, Suite 400, Denver, CO 80202 Xcel Energy Solar*Rewards Community Reservation Letter Thank you for your interest in the Solar*Rewards Community program. We are pleased to offer you aRenewable Energy Credit (REC) price of $0.0530000per kWh produced (from subscribed garden capacity). This is contingent upon approval of the completed photovoltaic project as specified below. The REC payments will be made payable to Pivot Solar 35 LLC. If the final system size varies from these specifications by more than 10%, your application will be declined. Garden Location: 40.327340, -104.751821 La Salli CO 80645 System size: 5083.00(kW DC PVWatts annual energy production estimate: 8996356.0OWh The REC price and reservation are valid for 18 months from the date the project is accepted into the program. If your project is not completed within 18 months, your application deposit will be forfeited and your application will be declined. You can re -apply if you are still interested, but the project will be subject to current program availability and incentive levels. Please sign this letter and upload to the application website. If you have questions, you can contact us at solarrewardscommunity (dlcelenergy.com. I hereby confirm and accept this Reservation Letter to secure the offer: Subscriber Organization Printer Name Subscriber OrganizationSignature: Date 8 / 9 / 2022 Pivot Solar 35 LLC Outstanding items and questions on USR23-0006. 0007 and 0008 (Solar Energy Facilities) PS 33 (USR23-0007), PS 35 (USR23-0006), and PS 36 (USR23-0008) All three: 1. Provide further explanation on how the project is committed to donating 100% of the energy produced to low-income Coloradans to assist in paying the energy bills. Typical structure (simplified) Project sells energy and RECs to theutility ...at a low rate, to be competitive in the RFP solicitation. Subscriber receives energy bill credits on utility bill Subscriber contracts with community solar purchase bill credits ...at a higher rate to generate enough revenue to support the project. REC= Renewable Energy Credit Subscriber receives energy and bill from utility as usual Pivot Structure (specific to this project) Project sells energy and RECs to the utility...at a higher rate. Subscriber receives energy bill credits on utility bill Subscriber contracts with community solar. purchase bill credits Because Pivot is "selling" RFC's `-- to the Utility at a higher rate, that revenue is enough to cover the cost of building and operating the project and as such we are able to donate 100% of the associated bill credits to hardworking low and moderate income Coloradans. REC= Renewable Energy Credit Subscriber receives energy and bill horn utility as usual 2. Provide the Mineral owners notification. • Complete, forthcoming 3. Is there water on site for irrigation? What kind — well, district? • 0007 — yes, well & district. We are working with the landowner to convert the center pivot to flood irrigation for the remaining acreage outside of the SEF. • 0006 — no. 0008 — yes — working to figure this out. 4. Will the site be farmed during the use of the SEF? After the use of the SEF? All — the sites will be grazed during SEF operation & returned to agricultural use per the decommissioning plan at the end of the lease term • 0007, 0008 where water is available, the remaining acreage of the sites will continue to be farmed 5. State why the decommissioning dollar amount is the same for all three. e.� • he decommissioning dollar amount should be slightly reduced for 0006 as it is a slightly smaller system size 6. Which power lines are you inter -connecting with? 0007, 0008 — existing lines on West side of CR35 • 0006 - existing lines on East side of CR33 7. Are the seed mixtures approved by the NRCS? • I'm not sure if NRCS "approves" seed mixes, but they are created by professional botanists. One that we often use is described as follows: The Fuzz & Buzz Mix - Standard was developed to address the unique nutritional needs of sheep, while providing a low -growing, easily maintained and sustainable vegetation solution for solar installations. The plant species were chosen with guidance from the American Solar Grazing Association (ASGA). The wildflowers in this mix support pollinators. Mix formulations are subject to change without notice depending on the availability of existing and new products. While the formula may change, the guiding philosophy and function of the mix will not. • I'll check into NRCS approval status. 8. Any phasing of the construction? • No — each of these is one single site and will be built in a single phase. 9. What are the specs of a deer fence and is it the same as a game -friendly fence? • Deer fence specs are shown on USR plansets and are the same as a game friendly fence. 8' tall with cedar posts and thin wire mesh. Molly: USR23-0007 1. Include map layout showing the panels a. Forthcoming 2. Verify the number of solar panels, as it is not stated in the application. a. The drainage narrative states 12MW facility with 25,000 solar panels. The questionnaire states 5MW facility. Which is correct? Are there going to be 25,000 solar panels onsite? • 5MW facility, we expect there to be between 11,000-11,500 panels. We'll update the drainage narrative. 3. Is there water on site for irrigation? What are you using the water tank for? a. Clarify the meaning behind the following map note "IRRIGATION WILL LARGELY BE DEPENDENT UPON DRY LAND IRRIGATION; HOWEVER, THE PROJECT IS RESERVING THE POSSIBILITY OF USING A WATER TANK IN THE EVENT OF N EED. WATER TANK WATERING WILL PROVE DIFFICULT AS IT MAY ONLY BE U SED ON OUTSIDE PERIPHERY OF THE PROPERTY OR DESIGNATED EMERGENCY ROAD TO AVOID DAMAGING SEED BEDS." b. We'll follow up with our civil engineer on this question. 4. Provide information about the map note regarding a prairie dog colony. Are you removing the prairie dogs? If so, how? State what is happening with the prairie dogs. a. We'll follow up with our civil engineer on this question. 5. Confirm the USR boundaries — Draft plat shows overlapping with the ZPSF — Are the two being combined? a. We'll follow up with our civil engineer on this question. 6. Confirm where the oil and gas facilities are. They are shown in different locations (first and third page). Which is correct? a. We'll follow up with our civil engineer on this question. 7. Include setbacks from oil and gas wells, being 50 ft. a. Submit an email from Oil and Gas agency that they accept the 50 foot setbacks. Maxwell Nader <mnader@weldgov.com> to Jason, Tom: me, Eli, Michael, Kim, Julia, Lucas, Jonathan, Rick, Brielle • Kyle and others, Mon, Apr 25, 2022, 7:18AM * After further discussion Weld County staff will not enforce setbacks related to solar infrastructure and oil and gas infrastructure. An agreement between the property owner/oil and gas entity/solar entity may or may not be needed depending on the parties involved. In other words the County is not involved in what will be a third party agreement. Let me know if you have further questions on this. Best. Maxwell Nader Planner II 1555 N 17th Ave Greeley, CO 80631 mnader@weldgov.com Phone: (970)-400-3527 b. Based on the above information from Weld County, Pivot has respected commercially reasonable setbacks given our distinction as a "utility" but does not intend to get a formal "approval" from the O&G companies. 8. Confirm access road in CDOT ROW — Is there an easement agreement, or CDOT sign off in some form (if so, please provide). a. All projects have access permits already - 0007 and 0008 with Weld County and 0006 with City of Evans. We are not aware of any CDOT requirement. Chris: USR23-0008 1. Include map layout showing the panels • Forthcoming 2. Verify acreage and number of panels • Forthcoming 3. Include setbacks from oil and gas wells, being 50 ft. • Same response as above (7.b) 4. Submit email from Oil and Gas agency that they accept the 50 foot setbacks. • Same response as above (7.b) Please note that additional questions may arise when we received the responses on the above inquiries. Diana Aungst 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 Diana - Answers below. Thanks Kyle On Mon, Apr 10, 2023 at 4:56 PM Diana Aungst <daungst@weld.gov>wrote: Hi Kyle: Hope all is well. Just some questions: Will there be any battery storage on the sites? No. How many panels will there be on each site? USR23-0006 states 11,000 from the completeness review but the drainage narrative states -13,000. Do you know which it is? Sorry about the inconsistency there - truth be told, we dont know exactly how many panels there will be as it depends on exactly which module is procured, which is based on the final electrical design, which is not ready at this point in the development process. My guess is it will be closer to 11,000, give or take -1000. The "power" of the system in megawatts (4) will not change, however, so that is probably a more useful statistic. Will the construction crews utilize construction trailers? They typically use standard, temporary connexes for construction. Will there be permanent cargo containers on the site for storage of spare parts? No. Thanks, Diana Aungst AICP, CFM Planner II Our new address: Weld County Department of Planning Services 1402 N. 17th Avenue, PO Box 758, Greeley, Colorado 80632 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daungst@weld.gov www.weld.gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. I Director, Project Development ksundman@pivotenergy.net D 719.233.4322 I LinkedIn Pivot Energy I Clean Energy. Clear Choice pivotenergy.net Notice of Inquiry Weld County Pre -application Case # PRE22-0135 Date of Inquiry 6/1/22 Municipality Milliken CPA Name of Person Inquiring Kyle Sundman Property Owner Timothy and Laura Cook Planner Diana Aungst Planner Phone Number 970-400-3524 Planner Email Address daungst@weldgov.com Legal Description Lot B of RECX15-0103; Section 11, T4N, R66W Parcel Number 105711200018 I Nearest Intersection CR 46 and CR 33 Type of Inquiry Solar facility The above person met with County Planning staff about developing a parcel of land inside your designated Intergovernmental Agreement/Coordinated Planning Agreement Boundary. County Planner's signature Would you like to pursue annexation of this property? NO , YES Date of Contact Z cil I -chrrY. Diane,` 0-g.,1 Comments: atr CcINN 41 -it Oirdo4il 111.‘Signat of Municipality Representative Title Date Please sign and date to acknowledge that the applicant has contacted you and return this signed form to Weld County Department of Planning Services. Weld County Planning Department 1555 N 17th Ave, Greeley, CO 80631 — (970) 400-6100 — (970) 304-6498 Fax 20181107 Diana Aungst From: Anne Best -Johnson <abjohnson@evanscolorado.gov> Sent: Wednesday, August 3, 2022 9:44 AM To: Kyle Sundman Cc: Julia Friedman; Diana Aungst; Eli Oppenheimer; Mark Oberschmidt; Leon Blasco Subject: RE: Pivot Energy - Evans NOI 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. Dear Kyle, Thank you for letting me know. Please work with Evans Engineering team members Leon Blasco and the City Engineer Mark Oberschmidt regarding and access permit and any road damage control permits. They are both copied on this email. Thanks, Anne From: Kyle Sundman <ksundman@pivotenergy.net> Sent: Tuesday, August 2, 2022 5:13 PM To: Anne Best -Johnson <abjohnson@evanscolorado.gov> Cc: Julia Friedman <jfriedman@pivotenergy.net>; Diana Aungst <daungst@weldgov.com>; Eli Oppenheimer <eoppenheimer@pivotenergy.net> Subject: Re: Pivot Energy - Evans NOI CAUTION: EXTERNAL EMAIL Hi Anne - Since we last spoke, I did some digging and learned that our landowner has a strong desire to remain in Weld County, so much so that it was written into our lease agreement with them. This is not a typical clause and I was not aware of it until I spoke with my colleague who runs our land acquisition department and he made me aware of their position. Paraphrasing, it says "Company (aka Pivot) agrees to not pursue annexation into any other municipality in Weld County nor to pursue any change to Property's zone district without prior written consent from the Owner". It concludes by affording them the right to terminate if we cannot avoid annexation. This project has committed to donating 100% of the subscriptions associated to Low Income Coloradans, totaling over $17 million dollars over the life of the project. While I understand that Evans is interested in Annexing the Cook's property, the reality is that its a non-starter for the landowner and pursuing it would result in that donation being eliminated in its entirety (in the Xcel program under which this project was awarded, we cannot switch sites.) If helpful, I can have the Cook's send me an email confirming this position. I'm sorry about their position and do appreciate your understanding. I recall you saying Evans has jurisdiction on CR 33, and as such I'd like to initiate an access permit (and Road Maintenance Agreement, if needed) with you all. Let me know what you need from us. We would intend to access on the south side of the property where an access already exists rather than create a new one. Not sure if that changes anything. 1 Should we be able to lease a property inside Evans in the future and win a project on it, we'd look forward to working with you and your staff to permit it. I know you mentioned you are looking to re -write solar code in the future so if we can be of any assistance in that process, dont hesitate to reach out. Thanks, Kyle On Tue, Jul 12, 2022 at 3:04 PM Anne Best -Johnson <abjohnson@evanscolorado.gov>wrote: Hello Kyle and Julia, When we last spoke on June 30th, the City of Evans expressed an interest in seeing the Cook property (Pivot site #35) come into the City of Evans. The City understands that Pivot Energy is a tenant and not the property owner. Options that the City discussed include the following: 1. Annex and zone the property in Evans. This is a concurrent process and the City may be willing to discuss waiving application fees as an incentive. The result would be property that is zoned to a higher use than agricultural in the County. The use of the property would not change from residential along with the Pivot installation until the property owner determined a change of use was needed. The Pivot Energy use of the property would necessitate a Special Use Permit in the City. The Annexation and Zoning process might take 3-4 months to process. The Special Use Permit process could occur concurrently and may add another 2-3 months onto the permitting process. Attached are the applicable checklists. 2. Proceed with the USR process in the County, have a Pre -Annexation Agreement between the City and the property owner stating that the USR issued by the County is accepted by the City through the Annexation/Zoning process as a grandfathered use. The benefit of this would be that the current/USR use could continue on site and the property value may be increased due to the inclusion and zoning in Evans. 3. Enter into a Pre -Annexation Agreement between the City and the property owner. This Agreement would state that when properties to the south, west or east annex to Evans, that the Cooks would also Annex. However, this annexation agreement would not be able to waive application fees. The property owner would need to check with an appraiser to determine if the value of the property would be increased due to annexation and zoning in Evans vs. leaving the land in agricultural zoning in unincorporated Weld County. Option 3 above may be the most streamlined and simple process for all parties. Sincerely, Anne 2 www.evanscolorado.gov rR From: Kyle Sundman <ksundman@pivotenergy.net> Sent: Thursday, July 7, 2022 10:24 AM To: Anne Best -Johnson <abjohnson@evanscolorado.gov> Cc: Julia Friedman <ifriedman@pivotenergy.net> Subject: Re: Pivot Energy - Evans NOI CAUTION: EXTERNAL EMAIL Sounds good, Anne. We look forward to hearing from you. On Thu, Jul 7, 2022 at 10:22 AM Anne Best -Johnson <abjohnson@evanscolorado.gov>wrote: Hello. That email is forthcoming. I have spoken with the City Manager and have some intel for you. 3 Sincerely, Anne From: Kyle Sundman <ksundman@pivotenergy.net> Sent: Thursday, July 7, 2022 10:11 AM To: Anne Best -Johnson <abjohnson@evanscolorado.gov> Cc: Julia Friedman <jfriedman@pivotenergy.net> Subject: Re: Pivot Energy - Evans NOI CAUTION: EXTERNAL EMAIL Anne - Sorry If I missed it, but we had discussed you sending more information about the annexation process and some "pros and cons" that we could share with the landowner. You were also going to bring up the project concept with the Mayor and/or board to get their "temperature". While I know you cannot "guarantee" approval, our only goal here is to see this project through to fruition. In order for Pivot to support annexation, we would need to have a level of confidence that the City is in support of our intended use. At the end of the day, however, it comes down to whether the Landowner's want to. Thanks for sending information that we can pass along, and let us know what you learn about the City's appetite for a project like this. Kyle On Thu, Jul 7, 2022 at 8:53 AM Anne Best -Johnson <abjohnson@evanscolorado.gov>wrote: Hi all. Hope you're doing well. Attached are the City's completed NOI forms. Diana, the City would like to eventually see the Cook site in Evans. The City believes a pre -annexation agreement should be the minimum requirement and this has been required of applicants by Weld County in the past. This is a simple agreement entered into by the property owner and Evans indicating that when annexation is conducive, that 4 the applicant will annex in. An access agreement/permit will be needed from the City. Pivot Energy may continue working with Com Dev on these issues. Thanks all again for your work with the City of Evans. Sincerely, Anne iipip www.evanscolorado.gov � op From: Julia Friedman <jfriedman@pivotenergy.net> Sent: Thursday, June 30, 2022 11:03 AM To: Anne Best -Johnson <abjohnson@evanscolorado.gov> Cc: Kyle Sundman <ksundman@pivotenergy.net> Subject: Pivot NOls 5 CAUTION: EXTERNAL EMAIL Hi Anne, Thank you very much for taking the time to speak with us this morning. We look forward to continuing the conversation about annexing PS25; please let me know if there are any other documents you need. Otherwise, we will wait to hear from you sometime late next week with additional information. I have attached the three NOls as well as site plans for the projects in question. Best, Julia (she/her) I Manager, Project Development jfriedman@pivotenergy.net M: 860-248-0027 I LinkedIn Pivot Energy I Clean Energy. Clear Choice. pivotenergv.net I Director, Project Development ksundman@pivotenergy.net 6 D 719.233.4322 I LinkedIn Pivot Energy I Clean Energy. Clear Choice pivotenergy.net I Director, Project Development ksundman@pivotenergy.net D 719.233.4322 I LinkedIn Pivot Energy I Clean Energy. Clear Choice pivotenergy.net I Director, Project Development ksundman@pivotenergy.net D 719.233.4322 I LinkedIn Pivot Energy I Clean Energy. Clear Choice pivotenergy.net Notice of Inquiry Weld County Pre -application Case # PRE22-0135 Date of Inquiry 6/1/22 Municipality Evans CPA Name of Person Inquiring Kyle Sundman Property Owner Timothy and Laura Cook Planner Diana Aungst Planner Phone Number 970-400-3524 Planner Email Address daungst@weldgov.com Legal Description Lot B of RECX15-0103; Section 11, T4N, R66W Parcel Number 105711200018 Nearest Intersection CR 46 and CR 33 Type of Inquiry Solar facility The above person met with County Planning staff about developing a parcel of land inside your designated Intergovernmental Agreement/Coordinated Planning Agreement Boundary. County Planner's signature Would you like to pursue annexation of this property? NO YES X, or Pre -Annexation Agreement Date of Contact 6/30/2022 Comments: The City of Evans would like to continue discussing the benefit of Annexation and Zoning in the City of Evans, Timing opportunities. and a potential pre -annexation agreement with Pivot Energy and the property owners to be coordinated by Pivot Energy. At a minimum, the City requests that entering into a pre -annexation agreement with the City is a condition of approval to the land use permit. An access agreement will be needed. Anne Best Johnson Community Development Director 7/7/2022 Signature of Municipality Representative Title Date Please sign and date to acknowledge that the applicant has contacted you and return this signed form to Weld County Department of Planning Services. Weld County Planning Department 1555 N 17th Ave, Greeley, CO 80631 — (970) 400-6100 — (970) 304-6498 Fax 20181107 Weld County Treasurer Statement of Taxes Due Account Number R8946702 Parcel 105711200018 Legal Description PT SW4NW4 11 4 66 LOT B REC EXEMPT RECX 15-0103 Situs Address Account: R8946702 COOK TIMOTHY G PO BOX 82 ATWOOD, CO 80722-0082 Year Tax Charge 2022 Total Tax Charge Tax. Interest $318.72 $0.00 Fees $0 00 Pa merits Balance $0,00 $318.72 $318.72 Grand Total Due as of 01/13/2023 £318.72 Tax Billed at 2022 Rates for Tax Area 0138 - 0138 Authority WELD COUNTY SCHOOL DIST RE l NORTHERN COLORADO WATER (NC CENTRAL COLORADO WATER (CCW CENTRAL COLORADO WATER SUBD LASALLE FIRE AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY WEST GREELEY CONSERVATION Taxes Billed 2022 Mill Levy 15 0380000* 16 6870000* 1 0000000 1.0680000 1.5820000 5 1540000 6.3070000 3.1810000 0.4140000 Amount $95.03 $105.46 $6.32 $6.75 $10 00 $32.57 $39.86 $20.1 1 $2 62 50.4310000 $318.72 Values AG -FLOOD IRRRIGATED LAND AG -WASTE LAND Total Actual $23,899 $3 Assessed $6,310 $10 $23,902 $6,320 Weld County Treasurer's Office 1400 N 17th Avenue PO Box 458 Greeley, CO 80632 Phone: 970-400-3290 Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer, are evidence of the status as of this date of all ro ert p p Y taxes, special assessments, and prior tax liens attached to this account. Current year's taxes are due but not delinquent. Signe Date: L,I3. 2O23 Hello