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Home My WebLink About20230075.tiffUSE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE: AMOUNT $ APPLICATION RECEIVED BY DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: PROPERTY INFORMATION Is the property currently in violation? Parcel Number: Site Address: N/A No/ 8 0 3 3 4 2 Yes Violation Case Number: _0 0 _0 0 2 Legal Description: Lot B of Reception No. 3977741 Section: 34 , Township 6 Within subdivision or townsite? N, Range 65 No/ Yes Name: Water (well permit # or water district tap #): N/A W Zoning District: A Acreage: 112.81 Sewer (On -site wastewater treatment system permit # or sewer account #): N/A Floodplain No/ It Yes Geological Hazard 1.1 No/ r Yes Airport Overlay No/ ✓Yes PROJECT USR Use being applied for: Solar Facilities Name of proposed business: PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: Zach Brammer Company: CBEP Land 2, LLC Phone #: (970) 425-3175 Email: zach@cloudbreakenergy.com Street Address: 4845 Pearl East Circle, Ste. 118 #53242 City/State/Zip Code: Boulder, CO 80301 APPLICANT/AUTHORIZED AGENT (Authorization Form must be included if there is an Authorized Agent) Name: Zach Brammer Company: CBEP Solar 8, LLC Phone #: (970) 425-3175 Email: zach@cloudbreakenergy.com Street Address: PO Box 1255 City/State/Zip Code: Sterling, CO 80751 I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the corporation. Signature Zachary Brammer 9/22/2022 Date Signature Date Print Print 12/15/21 9 DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1555 NORTH 17TH AVENUE GREELEY, ELEY, CO 80631 AUTHORIZATION FORM CBEP Land 2, LLC permission to CBEP Solar 8, LLC I, (We), give (Owner — please print) (Authorized Agent/Applicant please print) to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at (address or parcel number) below: 080334200002 P'ertcn of W2 of Section Township � 6 Range 65 ' Legal Description:i N p Subdivision Name: Property Owners Information: Address: 4845 PEARL EAST CIR STE 118 #53242, Boulder, CO 80301 Lot Block Phone: (970) 425-3175 E-mail: Authorized Agent/Applicant Contact Information: PO Box 1255, Steeling, CO 80751 Address: info@cloudbreakenergy.com Phone: (970) 425-3175 zach c@cloudbreakenergy.cern E -Mail: Correspondence to be sent to: Owner sa Authorized Agent/Applicant O by: Mail Email Additional Info: I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this document, that the information stated above is true and correct to the best of my (our) knowledge. • Date Orle;tel -aa Owner Si :nature Subscribes and sworn to before me this 41 U(L Vku va My commissiexpires • v Date Owner Signature day of ry Public JUSTIN R CHAN NOTARY PUBLIC - STATE OF COLORADO NOTARY ID 20194035864 MY COMMISSION EXPIRES SEP 18, 2023 by UNANIMOUS WRITTEN CONSENT OF THE SOLE MEMBER OF CBEP LAND 2, LLC, A DELAWARE LIMITED LIABILITY COMPANY September 17th, 2021 The undersigned, being the Sole Member of CBEP Land 2, LLC, a Delaware limited liability company (the "Company"), does hereby consent to, approve, and adopt the following resolutions: RESOLVED, that the Articles of Organization of the Company as filed in the office of the Secretary of State of Delaware on September 17th, 2021, are hereby accepted and approved, and the Articles of Organization shall be placed in the records of the Company. RESOLVED, that the Operating Agreement in the form reviewed by the Member is hereby accepted and adopted as the Operating Agreement of the Company. RESOLVED, that the Company is hereby authorized and directed to pay all fees and expenses reasonably necessary for the organization of the Company and to reimburse those persons who have advanced said fees and expenses on behalf of the Company. RESOLVED, that the following persons be, and they hereby are, elected as officers of the Company (the "Officers") to the respective offices of the Company set forth opposite their names below, to serve as officers until their successors are duly appointed and qualified. Name Title Zachary Brammer Rebecca Gallery Alexander Shobe James Cleland Authorized Signatory Authorized Signatory Authorized Signatory Authorized Signatory RESOLVED, that the Officers have authority to make day-to-day decisions to manage the operations of the Company. RESOLVED, that the Officers are authorized and directed, in their discretion, to select and designate from time to time one or more banks or other financial institutions as a depository of funds of the Company, and that the Officers are authorized to open and maintain, in the name of the Company, a checking, savings, safe deposit, payroll or other account or accounts with said depository. RESOLVED FURTHER, that the standard form of corporate banking or financial resolutions of such banks or financial institutions necessary to accomplish the foregoing resolution and showing the persons authorized to draw on such account, are approved and adopted as the resolutions of the Member, and the Officers are authorized to execute, certify, and obligate the Company. 4846-4578-3020.2 RESOLVED, that the Officers are hereby designated as an authorized signatory on any tax returns prepared on behalf of the Company and to be filed with the requisite tax authorities, until such time as the Managers may designate otherwise. RESOLVED, that, subject to any restrictions in the Articles of Organization of the Company and the Operating Agreement, the Officers are hereby authorized to sign and deliver any agreement in the name of the Company and to otherwise obligate the Company in any respect relating to matters of the business of the Company and to delegate such authority in their discretion, within budgets approved by Managers. RESOLVED, that the Officers are authorized to take any and all steps that they deem to be necessary to qualify the Company to do business as a foreign limited liability company in each state that the Managers determine such qualification to be necessary or appropriate. RESOLVED, that the Officers are authorized to take any and all action, to execute any and all documents, agreements and instruments and to take any and all steps deemed by their necessary or desirable to carry out the purpose and intent of each of the foregoing resolutions; RESOLVED, that in addition to the specific authorizations set forth in any of the foregoing resolutions, the Officers are authorized, empowered and directed for and on behalf of the Company to take from time to time any and all such actions and to execute and deliver from time to time any and all such amendments, instruments, requests, receipts, notes, applications, reports, certificates and other documents as they deem to be necessary, appropriate or desirable to effectuate, consummate, and comply with the purposes and intent of any of the foregoing resolutions; RESOLVED FURTHER, that any and all actions heretofore taken by the Officers in connection with the matters contemplated by the foregoing resolutions be, and they hereby are, approved, ratified and confirmed in all respects as if such had been presented to the Member for approval prior to such action or actions being taken; RESOLVED FURTHER, that the actions taken by this written consent shall have the same force and effect as if taken by the undersigned at a meeting of the Member, duly called and constituted, pursuant to the laws of the State of Delaware; and RESOLVED FURTHER, that this written consent may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute the same instrument. Counterparts may be delivered via facsimile, electronic mail (including PDF) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. [Signature Page Follows] 4846-4578-3020.2 IN WITNESS WHEREOF, the undersigned has executed this Unanimous Written Consent of the Sole Member as of the date first written above. SOLE MEMBER: CBEP Properties, LLC, a Delaware limited liability company By: Cloudbreak Energy Partners, LLC, a Delaware limited liability company By: Name: Zachary Brammer Its: Authorized Signatory 4846-4578-3020.2 ' IA CLOUDBREAK CBEP SOLAR 8, LLC PO BOX 1255 STERLING, CO 80751 (970) 425-3175 INFO©CLOD DBREAKEN ERGY.COM DATE: August 8, 2022 PROJECT: Bickling #2 Solar Project SUBJECT: Planning Questionnaire 1. Explain the proposed use and business name: o CBEP Solar 8, LLC is proposing to construct and operate the Bickling #2 Solar Project ("Project") in unincorporated Weld County on Parcel ID number 080334200002. The Project will be a 1.00 -megawatt ac community solar garden that is part of the Xcel Energy Solar*Rewards Community program and will be constructed on approximately 5.7 acres of privately owned land. It will consist of solar modules mounted about 5 feet above the existing grade on single -axis trackers, which allow the panels to track the sun from east to west over the course of the day. The project will also include inverters mounted on steel posts or beams, concrete -pad mounted transformers, other electrical equipment, an access road, and a perimeter game fence with gates. 2. Explain the need for the proposed use: o Ensuring long-term energy security for the United States requires a mixture of all different types of energy production, including community solar projects like the Bickling #2 Solar Project. 3. Describe the current and previous use of the land. o The land is currently vacant (no existing water rights to be used for crop production) and has historically been used for oil and gas production. 4. Describe the proximity of the proposed use to residences. o The nearest residence is located about 486 feet away from the northwest corner of the Project's fenceline. 5. Describe the surrounding land uses of the site and how the proposed use is compatible with them. o The surrounding land uses include both industrial uses (the Greeley -Weld County Airport, multiple gas and oil facilities, high -voltage transmission lines, and Xcel's Cloverly substation) and agricultural land. The Project will not interfere with any of the nearby uses. The aesthetics of a community solar garden will fit in well with the surrounding uses. (970) 425-3175 I INFO©CLOUDBREAKENERGY.COM I CLOUDBREAKENERGY.COM CLOUDBREAK PAGE 2 6. Describe the hours and days of operation (i.e. Monday thru Friday 8:00 a.m. to 5:00 p.m.). o Construction activities will take place Monday through Saturday from 7:00 a.m. to 6:00 p.m. After construction is completed, occasional maintenance will occur between 7:00 a.m. and 7:00 p.m. as needed. 7. Describe the number of employees including full-time, part-time and contractors. If shift work is proposed, detail number of employees, schedule and duration of shifts. o Construction may require up to 50 workers to be on site at one time during the peak of construction, all contractors during the day shift. Construction employees may include up to 15 civil workers, 15 electricians, 15 racking builders, and an additional 5 employees. During operations, two to four employees may be needed for maintenance, as needed, approximately twice a year. 8. Describe the maximum number of users, patrons, members, buyers or other visitors that the site will accommodate at any one time. o No users, patrons, members, buyers, or other visitors are expected to be on the site at any time. 9. List the types and maximum numbers of animals to be on the site at any one time (for dairies, livestock confinement operations, kennels, etc.). o There will be no animals on the site. 10. List the types and number of operating and processing equipment. o The Project will consist of approximately 2,400 solar modules mounted about 5 feet above the existing grade on single -axis trackers, which allow the panels to track the sun from east to west of the course of the day. The project will also include 8 inverters mounted on steel posts or beams, 1 concrete pad mounted transformer, and other electrical equipment. 11. List the types, number and uses of the existing and proposed structures. o There are no existing structures on the Project's site. o The proposed structures for the Project will include: Approximately 2,400 solar modules mounted about 5 feet above the existing grade on single -axis trackers, which allow the panels to track the sun from east to west of the course of the day. ii. 8 inverters mounted on steel posts or beams iii. 1 concrete pad mounted transformer iv. Approximately five to seven utility poles that will connect the project to the existing Xcel Energy distribution line on the south side of the property. (970) 425-3175 I INFO©CLOUDBPEAKENEPGY.COM I CLOUDBPEAKENEPGY.COM CLOUDBREAK PAGE 3 v. One temporary construction trailer vi. Two 10' x 40' storage containers that will store parts, tools, and equipment on site during construction and operations 12. Describe the size of any stockpile, storage or waste areas. o During construction, a laydown area located within the limits of the Project area will be used to store Project facility items while facilities are installed. During operations, there will be no open stockpiling, uncovered storage, or waste areas. Up to two storage containers approximately 40 -feet in length, 10 feet in width, and 10 feet in height to store spare parts, tools, and equipment on site during construction and operations. 13. Describe the method and time schedule of removal or disposal of debris, junk and other wastes associated with the proposed use. o Debris, junk, and other wastes will be stored in appropriate waste receptacles such as dumpsters during construction. CBEP Solar 8, LLC or its contractors will hire a waste management provider to regularly remove wastes associated with construction of the Project from the receptacles and bring the waste to an approved landfill or disposal site. Maintenance contractors will properly dispose of any wastes generated during operation of the Project by bringing the wastes to an approved landfill or disposal site. 14. Include a timetable showing the periods of time required for the construction of the operation. o Project construction is expected to begin in early 2023 and is expected to be completed in mid -2023. Construction activities would follow the estimated timetable below: Construction Phase Season/Duration Construction Begins Q1 2023 Site preparation . 1-2 months Structural work 3-5 months Electrical work 2-4 months Utility work . 2-4 months Construction Completion Q2 2023 15. Describe the proposed and existing lot surface type and the square footage of each type (i.e. asphalt, gravel, landscaping, dirt, grass, buildings). (970) 425-3175 I INFO©CLOUDBPEAKENEPGY.COM I CLOUDBPEAKENEPGY.COM CLOUDBREAK PAGE 4 o The existing lot surface type is all vegetated land. The proposed surface types and square footage of each type are listed below: i. Concrete: 874 sq ft ii. Gravel: 7,490 sq ft iii. Swales: 5,866 sq ft iv. Grass/Vacant: 365,111 sq ft v. Solar Racking: 179,374 sq ft 16. How many parking spaces are proposed? How many handicap -accessible parking spaces are proposed? o No parking spaces or handicap -accessible parking spaces are proposed. 17. Describe the existing and proposed fencing and screening for the site including all parking and outdoor storage areas. o There is no existing fencing or screening on the site. The Project will be surrounded by a game fence that is at least 7 feet tall. 18. Describe the existing and proposed landscaping for the site. o There is no existing landscaping on the site. 19. Describe reclamation procedures to be employed as stages of the operation are phased out or upon cessation of the Use by Special Review activity. o Decommissioning of the Project will commence within 12 months after power production has permanently ceased and be completed within 12 months of the decommissioning work commencing. Decommissioning will include the removal of: i. All non -utility owned equipment, conduits, structures, fencing, and foundations to a depth of at least three (3) feet below grade ii. All fences, graveled areas and access roads unless the property owner agrees for this to remain o The property will be restored to a condition reasonably similar to its condition prior to the development of the Project 20. Describe the proposed fire protection measures. o The Project is located within the Western Hills Fire Protection District. The Project will comply with all Colorado Public Utilities Commission requirements as well as national codes and standards for construction, electrical, and fire. A supervisory control and data acquisition (SCADA) system will remotely monitor and control the Project 24 hours per day. The SCADA system will transmit Project data and control signals over the internet. (970) 425-3175 I INFO©CLOUDBPEAKENEPGY.COM I CLOUDBPEAKENEPGY.COM CLOUDBREAK PAGE 5 21. Explain how this proposal is consistent with the Weld County Comprehensive Plan per Chapter 22 of the Weld County Code. o The Project is consistent with the Weld County Comprehensive Plan because it: i. Does not interfere with any existing agricultural operations within the vicinity. ii. Respects private property rights by allowing the owner of the property to do what is in their best interest while complying with local regulations and not interfering with or infringing upon the rights of others. iii. Promotes economic growth and stability by providing a diversified source of income for the landowner, the shepherd, and the County while also offering local residents the opportunity to save money on their electricity bills through Xcel's Solar*Rewards Community Program. iv. Protects the health, safety, and general welfare of the citizens of the County by providing an emission -free source of energy. v. Is harmonious with surrounding agricultural and industrial uses. vi. Supports future mineral development by reserving space on the landowner's property where minerals can be extracted in the future. 22. Explain how this proposal is consistent with the intent of the zone district in which it is located. (Intent statements can be found at the beginning of each zone district section in Article III of Chapter 23 of the Weld County Code.; o There are no water rights associated with the property, so crop production is not currently feasible. The new solar development will also not interfere with any of the surrounding agricultural land uses. The Project's array will protect the land underneath and in turn allow the soil to revitalize over time, therefore preserving the land to be used for agricultural purposes in the future, if desired. 23. Explain how this proposal will be compatible with future development of the surrounding area or adopted master plans of affected municipalities. o The Project will be located within the Town of Kersey's Intergovernmental agreement area. o The Project's area is not included on the Future Land Use maps in the 2016 Town of Kersey Comprehensive Plan which assumes that the land currently falls under "Undetermined Use". Therefore, the proposed solar development will not go against any established future plans. As described in the Town of Kersey Comprehensive Plan, one of the action items (R2.5.4) is "continue to explore alternative energy sources (solar, wind, etc.) and new technology for power sources and other critical infrastructure." This Project would allow the Town of Kersey to meet their clean energy exploration goals and continue pursuing more renewable initiatives such as the "Sustainable Energy City" designation also mentioned in the Comprehensive Plan. (970) 425-3175 I INFO©CLOUDBPEAKENEPGY.COM I CLOUDBPEAKENEPGY.COM CLOUDBREAK PAGE 6 24. Explain how this proposal impacts the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. o The Project is not anticipated to impact the health, safety, and welfare of Weld County citizens. Designs will comply with Colorado Public Utilities Commission requirements as well as national codes and standards for construction, electrical, and fire. A supervisory control and data acquisition (SCADA) system will remotely monitor and control the Project 24 hours per day. The SCADA system will transmit Project data and control signals over the internet. 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. o There is no irrigation system on the property and there are no existing water rights. 26. Explain how this proposal complies with Article V and Article XI of Chapter 23 if the proposal is located within any Overlay Zoning District (Airport, Geologic Hazard, or Historic Townsites Overlay Districts' or a Special Flood Hazard Area identified by maps officially adopted by the County. o Flood Hazard, Geologic Hazard, and Historic Townsites: The Project is not located within the 1% Annual Chance Flood Hazard Area (Flood Zone A). Flood Zone A crosses over a section of the parcel on the northeast corner, but it is well outside of the proposed Project Area. According to the Colorado Geological Survey, no geologic hazards were identified within the Project Area. The Weld County property portal's Historic Townsite layer showed no presence of historic sites within the Project Area. o Airport: The Project is located within the Airport Overlay District. This District has unique height limitations as well as unique use restrictions. The use restrictions in Section 23-5-40 of the Weld County Code are defined as follows: "Notwithstanding any other provisions of this Division, no USE may be made of land or water within any zone established by this Division in such a manner as to create electrical interference with navigational signals or radio communication between the GREELEY-WELD COUNTY AIRPORT and aircraft, make it difficult for pilots to distinguish between GREELEY-WELD COUNTY AIRPORT lights and others, result in glare in the eyes of pilots using the GREELEY-WELD COUNTY AIRPORT, impair visibility in the vicinity of the GREELEY-WELD COUNTY AIRPORT, create bird strike hazards or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the GREELEY-WELD COUNTY AIRPORT." As detailed below, the Project complies with these use restrictions as well as the height limitations: i. Electrical Interference - According to "Electro-Magnetic Interference from Solar Photovoltaic Arrays" published by the U.S. Department of the (970) 425-3175 I INFO©CLOUDBPEAKENEPGY.COM I CLOUDBPEAKENEPGY.COM CLOUDBREAK PAGE 7 Navy, "The Federal Aviation Admiration (FAA) has indicated that EMI from PV installations is low risk. PV systems equipment such as step-up transformers and electrical cables are not sources of electromagnetic interference because of their low -frequency (60 Hz) of operation and PV panels themselves do not emit EMI. The only component of a PV array that may be capable of emitting EMI is the inverter. Inverters, however, produce extremely low frequency EMI similar to electrical appliances and at a distance of 150 feet from the inverters the EM field is at or below background levels." ii. Lights - The Project will not include any lighting, therefore there will be no effect in distinguishing Greeley -Weld County Airport lights and others. iii. Glare - CBEP Solar 8, LLC performed a glare analysis for the Project which is included within the application package. The Project will follow all FAA regulations and utilize mitigation measures proposed by the study. iv. Visibility - The Project will not impair visibility. v. Bird Strikes and Other Hazards: The Project will not create bird strike hazards or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the Greeley -Weld County Airport. There will be no lights on the array nor anything else that would attract birds to the project area. vi. Height Limitations: Upon review of the Greeley -Weld County Airport Master Plan's Airport Layout Plan drawings, the parcel containing the Project Area was identified as a part of the Transitional Zone as well as the Horizontal Zone. The Project abides by the Airport Zone height limitations of both the Transitional Zone and the Horizontal Zone outlined in Sec. 25-5-30. 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. o There are no Federal permits required for the Project. o There are two State permits that may be required - the Colorado Department of Public Health and Environment Construction Stormwater Discharge Permit and the Colorado Department of Public Health and Environment Air Permit. No applications for State permits have been submitted. (970) 425-3175 I INFO©CLOUDBPEAKENEPGY.COM I CLOUDBPEAKENEPGY.COM ' IA tfr CLOUDBREAK CBEP SOLAR 8, LLC PO BOX 1255 STERLING, CO 80751 (970) 425-3175 INFO©CLOD DBREAKEN ERGY.COM DATE: August 8, 2022 PROJECT: Bickling #2 Solar Project SUBJECT: 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: o The access location for the Bickling #2 Solar Project is an existing access point on the northern side of the parcel directly off of County Road 64. This has been used as an access road for past oil and gas operations on the parcel. The access point is located approximately 2,250 feet east of County Road 43 and 3,000 feet west of County Road 45. 2. Describe any anticipated changes; to an existing access, if applicable: o No accesses will be relocated, but will be improved as part of the Project. 3. Describe in detail any existing or proposed access gate including its location: o There will be a 7 foot tall perimeter fence around the Project. There will be an access gate located along the western side of the Project Area. 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: o The parcel to the west has an access approximately 500 feet west of the Project's access. This access is located approximately 2,600 feet west of County Road 45 and approximately 2,700 feet east of County Road 43. o The parcel to the east has an access point approximately 550 feet east of the Project's access. o The parcel on the opposite side of County Road 64 has an access approximately 50 feet northwest of the Project's access. This access is located approximately 2,150 feet east of County Road 43 and approximately 3,150 feet west of County Road 64. 5. Describe any difficulties seeing oncoming traffic from an existing access and any anticipated difficulties seeing oncoming traffic from a proposed access: (970) 425-3175 I INFO©CLOUDBREAKENERGY.COM I CLOUDBREAKENERGY.COM CLOUDBREAK PAGE 2 o The existing access should not have any difficulties seeing oncoming traffic. 6. Describe any horizontal curve (using terms like mild curve, sharp curve, reverse curve, etc.; in the vicinity of an existing or proposed access: o The existing access does not have any horizontal curves in the vicinity. 7. Describe the topography (using terms like flat, slight hills, steep hills, etc.) of the road in the vicinity of an existing or proposed access: a The topography of the road in the vicinity of the existing access is flat. (970) 425-3175 I INFO©CLOUDBPEAKENEPGY.COM I CLOUDBPEAKENEPGY.COM 411, ' IA CLOUDBREAK CBEP SOLAR 8, LLC PO BOX 1255 STERLING, CO 80751 (970) 425-3175 IN FO©CLOD DBREAKEN ERGY.COM DATE: August 8, 2022 PROJECT: Bidding #2 Solar Project SUBJECT: Environmental Health Questionnaire 1. Discuss the existing and proposed potable water source. If utilizing a drinking water well, include either the well permit or well permit application that was submitted to the State Division of Water Resources. If utilizing a public water tap, include a letter from the Water District, a tap or meter number, or a copy of the water bill.: o The Project area does not have an existing potable water source. There is no proposed potable water source for the Project. Bottled water will be provided for the construction team. Any water used for dust mitigation will be brought to the property from an external source. 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 p olicy.): o There is no existing on -site sewage disposal system. The operation of the Project is not anticipated to require a sewage disposal system. CBEP Solar 8, LLC or its contractors will provide portable toilets during construction. 3. If storage or warehousing is proposed, what type of items will be stored: o The Project will include up to two 10' x 40' storage containers that will store parts, tools, and equipment on site during construction and operations. 4. Describe where and how storage and/or stockpile of wastes, chemicals, and/or petroleum will occur on this site: o During construction wastes will be stored in appropriate waste receptacles such as dumpsters. CBEP Solar 8, LLC and its contractors will hire a waste management provider to regularly remove wastes associated with construction of the Project from the receptacles and bring the waste to an approved landfill (970) 425-3175 I INFO©CLOUDBREAKENERGY.COM I CLOUDBREAKENERGY.COM CLOUDBREAK PAGE 2 or disposal site. Maintenance contractors will properly dispose of any wastes generated during operation of the Project by bringing the wastes to an approved landfill or disposal site. During construction, up to 1,000 gallons of fuel will be stored on -site in appropriate containers. No fuel will be stored on site for operations. No other chemicals are anticipated to be stored during construction or operation of the Project. 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: o Up to 1,000 gallons of fuel are anticipated to be stored on one site at one time during construction. Storage of fuel will follow applicable secondary containment requirements, as applicable. There will not be fuel storage during operation of the Project. 6. If there will be washing of vehicles or equipment on site, indicate how the wash water will be contained: o There will not be vehicle washing/equipment on site during the construction and operation of the Project. 7. If there will be floor drains, indicate how the fluids will be contained: o None of the facilities constructed for the Project will contain floor drains or require wastewater treatment. 8. Indicate if there will be any air emissions (e.g. painting, oil storage, etc.): o Traffic volume, primarily in the form of passenger vehicles, would increase in and around the Project area during construction. The increased traffic would temporarily increase odors and exhaust from vehicle emissions. Odors are anticipated from the operation of heavy machinery during grading, pile driving, and other installation activities at specific time periods throughout construction. Impacts from odors during Project operation would be minimal, likely restricted to emissions from the vehicles of maintenance personnel. 9. Provide a design and operations plan if applicable (e.g. composting, landfills, etc.): o A design and operations plan is not applicable to the Project. 10. Provide a nuisance management plan if applicable (e.g. dairies, feedlots, etc.): o A nuisance management plan is not applicable to the Project. 11. Additional information may be requested depending on type of land use requested: o If any additional information is required, please don't hesitate to contact Zach Brammeratzach@cloudbreakenergy.com- (970) 425-3175. (970) 425-3175 I INFO©CLOUDBPEAKENEPGY.COM I CLOUDBPEAKENEPGY.COM ' IA tfr CLOUDBREAK CBEP SOLAR 8, LLC PO BOX 1255 STERLING, CO 80751 (970) 425-3175 INFO©CLOD DBREAKEN ERGY.COM DATE: August 8, 2022 PROJECT: Bickling #2 Solar Project SUBJECT: Decommissioning Plan Approach CBEP Solar 8, LLC has developed this decommissioning plan for the Bickling #2 Solar Project, to be implemented after the contracted lease term has ended. CBEP Solar 8, LLC, the owner of the 1.3 MW AC Solar Energy Facility (SEF) will be responsible for the decommissioning. Decommissioning of the Project will include removal of all above and below -ground infrastructure, including the arrays, inverter structures, concrete foundations and pads, and electrical infrastructure. 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. The property shall be restored to a condition reasonably similar to its condition prior to development of the 1.3 MW AC SEF. Grading and re -vegetation will comply with all applicable rules and regulations. Exclusions from the decommissioning plan include planting trees, removing internal site roads, and re -grading to previous conditions. All non -utility owned equipment, conduits, structures, fencing, and foundations to a depth of at least 3' below grade shall be removed. Decommissioning activities will follow the CDOT best management practices (BMPs) for erosion and sediment control and stormwater management that are applied during project construction, or any new BMPs relevant at the time. CBEP Solar 8, LLC will decommission the Project once the contracted lease term is over, if the lease term is not extended or renewed. Decommissioning may also be initiated if the project is no longer viable, or in the case of a force majeure event (described below). CBEP Solar 8, LLC will provide notice to Weld County prior to commencement of decommissioning the Project. Estimated Timeline and Cost Decommissioning/reclamation shall commence within 12 months after power production has permanently ceased and be completed within 12 months from the start date of the decommissioning/reclamation work. Decommissioning/reclamation cost estimates, which shall be updated every five 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: (970) 425-3175 I INFO©CLOUDBREAKENERGY.COM I CLOUDBREAKENERGY.COM CLOUDBREAK PAGE 2 • All labor, equipment, transportation, and disposal costs associated with the removal all facility components from the facility site • All costs associated with full reclamation of the facility site, including removal of non-native soils, fences, and constructed access roads • 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 • All decommissioning/reclamation activity management, site supervision, and site safety costs • All other costs, including administration costs, associated with the decommissioning and reclamation of the facility site • The established date of submission of the financial assurance mechanism to Weld County Prior to construction, CBEP Solar 8, LLC will provide the County with an irrevocable standby letter of credit, bond, or alternate form of financial assurance mechanism in an amount sufficient to fund the estimated decommissioning costs required by the Code. The Security shall: • Name the Board of County Commissioners of Weld County as the sole beneficiary of the letter of credit • Be issued by an A -rated financial institution based upon a rating provided by S&P, Moody's, Fitch, AM Best, or other rating agency with similar credentials • Include an automatic extension provision or "evergreen clause" • Be "bankruptcy remote", meaning the financial assurance mechanism will be unaffected by the bankruptcy of the SEF operator Weld County, in its sole discretion, may approve alternative forms of a financial assurance mechanism such as, but not limited to bonds, letters of credit, or other securities, if it finds that such alternative forms will provide an assurance of the availability of financial resources for decommissioning/reclamation that equals or exceeds that provided by the form required herein. Furthermore, Weld County shall have the right to draw upon the irrevocable standby letter of credit, or other form of financial assurance mechanism, to pay for decommissioning in the event that the holder has not commenced decommissioning/reclamation activities within 90 days of the Board of County Commissioners order or resolution directing decommissioning/reclamation. Continued Beneficial Use If prior to decommissioning the Project, the landowner determines that any of the Project components can be beneficially used on the land after disassembly, such items would be (970) 425-3175 I INFO©CLOUDBPEAKENEPGY.COM I CLOUDBPEAKENEPGY.COM CLOUDBREAK PAGE 3 exempt from the requirements for decommissioning. If a third party acquires the Project or a portion of the Project, such third party would be responsible for providing evidence of a plan of continued beneficial use for their relevant Project components. Force Majeure An exception to these requirements will be allowed for a force majeure event, which is defined as any event or circumstance that wholly or partly prevents or delays the performance of any material obligation arising under the Project permits, but only to the extent: • Such event is not within the reasonable control, directly or indirectly, of CBEP Solar 8, LLC (including without limitation events such as fire, earthquake, flood, tornado, hurricane, acts of God and natural disasters; war, civil strife or other similar violence); • CBEP Solar 8, LLC has taken all reasonable precautions and measures to prevent or avoid such event or mitigate the effect of such event on CBEP Solar 8, LLC's ability to perform its obligations under the Project permits and which, by the exercise of due diligence, it has been unable to overcome; and • Such event is not the direct or indirect result of the fault or negligence of CBEP Solar 8, LLC. In the event of a force majeure event, which results in the absence of electrical generation by the Project for 12 months, CBEP Solar 8, LLC must demonstrate to Weld County by the end of the 12 months of non -operation that the Project will be substantially operational and producing electricity within 24 months of the force majeure event. If such a demonstration is not made to Weld County's satisfaction, then decommissioning of the Project must be initiated 18 months after the force majeure event. (970) 425-3175 I INFO©CLOUDBPEAKENEPGY.COM I CLOUDBPEAKENEPGY.COM =i TRC Stormwater Drainage Study CLOUDBREAK ENERGY PARTNERS Date: To: From: Project: Subject: 03/01/2022 Cloudbreak Energy Kelsey Blaisdell, TRC Companies 799 E 3rd St Suite 4, Durango, CO 81301 Bickling 2 Solar On -Site Drainage Study PRELIMINARY FOR INTERIM REVIEW ONLY. NOT FOR PERMITTING, BIDDING, NOR CONSTRUCTION. Prepared by or under the Direct Supervision of: Kelsey Blaisdell, P.E. 49698 "3/01/2022" Cloudbreak Energy is pursuing the development of the Bickling 2 project, a photovoltaic energy generation facility at a 13.26 -acre site located approximately 2 miles northeast of Greeley, Colorado, alongside County Road 64 (See Appendix A- Site Plans C301 & C302). The existing site is currently used for agricultural purposes with approximately 0.5% downward slopes from west to east. This drainage study was prepared to summarize findings from performing a hydrologic analysis of the project site and identify potential storm water impact from the proposed solar project. Appropriate drainage best management practices (BMPs) were developed to address the impact. This methodology used in the drainage study has complied with the requirements in the Weld County Engineering and Construction Criteria (WCECC) Manual, updated January 2021. Proposed Project The proposed solar project will consist of pole mounted photovoltaic (PV) arrays. Ground disturbance under the panels will be minimal; thus, existing perviousness of the soil will be maintained under the solar cells allowing infiltration. Rainfall runoff from the panels will flow under the pole mounted PV panels matching the pre -development flow patterns. Additional improvements associated with this project are limited to gravel drives for vehicle access and concrete pads for distribution transforms (see Appendix A- Site Plans C301 & C302). No public access or utility infrastructure improvements are anticipated at this time. Site Drainage Currently, the existing site does not have any regional retention or water quality features. The soils in the area consist of hydrologic soil group (HSG) C soils given by the Natural Resources Conservation Service (NRCS — Appendix B). A single drainage basin labeled as Drainage Area A has been identified for the project site with flows draining primarily eastward. The drainage area is approximately 13.26 acres. Any offsite flows appear to follow the existing irrigation ditches and are not expected to affect the project site. See Appendix A for the drainage area maps and details. A hydrologic analysis was prepared using the Rational Method based upon requirements from the WCECC Manual. The analysis provided estimated peak flow rates for the 100 -year storm under both pre -and post -development conditions. The depth of a 1 -hour, 100 year rainfall Stormwater Drainage Study (design event) is 2.72 inches based upon NOAA Atlas 14: Precipitation -Frequency Atlas. The Rational Method equation shown below was used to determine the peak flow rates from Drainage Area A runoff. Runoff coefficients for various land uses were obtained from Table 5-2, Weld County Engineering and Construction Criteria. The drainage area imperviousness and resulting peak flow rates from pre -and post -development conditions are summarized below. See Appendix C for the runoff coefficient calculations. Q=C*I*A Where: Q — Runoff flow rate, in cubic feet per second (cfs) I — Rainfall Intensity, in inches per hour (in/hr) A —Area of the basin, in acres (ac) Pre -development Runoff Calculation Parameters Drainage Basin Area, A (ac) Weighted Coefficient, Runoff C Intensity, Rainfall (in/hr) A 13.26 0.51 2.72 Post -development Runoff Calculation Parameters Drainage Basin Area, A (ac) Weighted Coefficient, Runoff C Intensity, Rainfall (in/hr) I % Added area (impervious ac/total Impervious ac) A 13.26 0.54 2.72 11.68 100 -year Runoff Calculation Results Drainage Area Pre -development Peak Flow (cfs) Rate Post Peak -development Flow (cfs) Rate DIFFERENCE (cfs) A 38.65 40.87 2.22 Based upon the above results, the increase of impervious area associated with the project improvements would produce a slight increase (approximately 5.74%) in the 100 -year event peak flow rate. To mitigate the flow impact, a grass swale will be introduced near the south project site boundary to dissipate energy and attenuate the potential flow increase. Erosion Control/Stormwater Management Plan Erosion control features such as silt fences and a grass swale (also mentioned above) will be installed on the site prior to construction activities. Such measures will be included in the erosion control plan and detail sheets within the final construction documents. Grass swale sizing calculations are summarized in Appendix D. Stormwater Drainage Study Conclusion The drainage study and attached drainage maps were produced in accordance with the requirements from Weld County Engineering and Construction Criteria Manual, updated January 2021. The existing storm water flow characteristics are expected to remain unchanged and the slight increase in peak flow rate will be attenuated with a grass swale before the runoff exits the property. Improvements proposed with the project site are limited to a gravel paved drive and two small concrete distribution transformer pads. No public access or utility infrastructure improvements are anticipated at this time. The proposed development will not alter historic drainage patterns or adjacent and downstream property owners. Stormwater Drainage Study References 1. Weld County, Weld County Engineering and Construction Criteria Manual, January 2021. 2. Web Soil Survey, Natural Resources Conservation Service, United States Department of Agriculture. Online at: http://websoilsurvey.nrcs.usda.gov, accessed January 2022. 3. NOAA Atlas 14, Volume 11, Version 2. ESRI Maps. USGS. Sanja Perica, Sandra Pavlovic, Michael St. Laurent, Carl Trypaluk, Dale Unruh, Orlan Wilhite. Appendix A. Site Plans C301 & C302 B. NRCS Soil Layer Map C. Rational Method Calculations D. Grass Swale Calculations Stormwater Drainage Study Appendix A: SITE PLANS C301 & C302 C:\pwworking-trd\dms77624\C-301 Pre Drainage Area Map.dwg 05-27-2022 3:57:16 PM BY: Pkuh EX 24" CMP CULVERTS EX STEEL BRIDGE UNDER PAVEMENT EX ACCESS PERMIT NO AP13-00241 EX CONCRETE IRRIGATION DRAINAGE DITCH EX OVERHEAD ELECTRIC LINE /1 WELD N N I I I I I I r ----C 1 I I I h 71 i 1 I 1 1 1 1 7, i i 1 EX 16" CMP CULVERT 1 / a 7 ( INOMMNSMEI 7 7 EX CONCRETE IRRIGATION STRUCTURES • i 7 7, a- i 7, EX CONCRETE SILAGE STORAGE AREA i EX WATER WELL EXC #17 / / EX 24" CMP CULVERT IN CONCRETE l EX ACCESS PERMIT NO AP13-00241 7- I 7, r 3••••••••••••-1 C 20' FRONT SETBACK / / f eee --.�' ISO 7 4652 7, 0 7, EX DITCH r '� 7 Dtcpce•\-' i 7 7 7, 7, 7, oavx- EX IRRIGATION DITCHES EX FIELD ROADS EX SAND CREEK SHORT LINE DITCH/ EXC#12 &#15 / 7- / /ri'- ��. --;--rr - '". ,,-_--e----=--e\ ,,,,-::-----a-.- ' r.--,- .--------r __-05---t,__.-----r !- 7, 22 7, i EX CONCRETE IRRIGATION DRAINAGE DITCH EX 24" CMP CULVERT cb \ s r EX CONCRETE IRRIGATION STRUCTURES • EX 24" CMP CULVERT ces -- EX OIL & GAS SEPARATOR EX OIL & GAS PROD FACILITY PER SURFACE USE AGREEMENT (R9) EX OIL TANK BATTERY 7, EX CONCRETE IRRIGATION STRUCTURE Map Unit Symbol A Map Unit Name DESCRIPTION HYDROLOGICAL SOIL GROUP AREA IN LEASE BOUNDARY (ac) 21 Dacono Clay Loam 0 to 1 percent slopes , C 10.8 22 Dacono Clay Loam 1 to 3 percent slopes C 2.4 DRAINAGE AREA AREA, (ac) WEIGHTED COEFFICIENT, RUNOFF C RAINFALL INTENSITY, I (inihr) A 13.26 0.51 2.72 EX 12" WATER LINE ABOVE GROUND EX 12" WATER ( IN CONCRETE EX METER SKID 200' OIL TANK BATTERY EASEMENT 21 1/49 AA / EX DITCH (*i_y14\ -\\\NN C‘. co EX PLUGGED AND ABANDONED GAS WELL FROM CO OIL at GAS CONSERVATION COMMISSION NOBLE BICKLING #1-34 (APPROX LOCATION) W/25' EASEMENT FEMA ZONE A FLOODPLAIN FIRM #081Z3C1535E EFF. DATE 1/20/2016 EX FIELD ROAD etc LEGEND EX 24" CMP CULVERTS EX BURIED PIPELINE, MARKED \ WITH PIN FLAGS BY GPRS PER SURFACE USE AGREEMENT (R9) \ (APPROX LOCATION) DRAINAGE AREA FLOW ARROW DRAINAGE POINT PROP 25' LEASE OFFSET (TYP) G 1 DP -A Air TRC TRC Companies, Inc. 700 Highlander Blvd. Ste. 210 Arlington, TX 76015 Tel: 817-522-1000 www.trccompanies.com STAMP: INTERIM REVIEW DOCUMENTS NOT INTENDED FOR CONSTRUCTION, BIDDING, OR PERMITTING PURPOSES KELSEY BLAISDELL, RE. CO LIC. # 49698 5/20/2022 rsj (19 ti Z CC ZCL Li ca 0 V) I — 21308 COUNTY ROAD 64 GREELEY, CO 80534 PROJECT NUMBER: 434718 SHEET TITLE: PRE DRAINAGE AREA MAP SHEET SIZE: ARCH "D" 24" X 36" (610 x 914) 1" ISSUED FOR PERMITTING NOT FOR CONSTRUCTION NO. REVISION DATE INIT DATE: 5/20/2022 DRAWN BY: TRC ENGINEER: KB APPROVED BY: PROJECT PHASE: USR PLANS SCALE: 1" - SHEET NO.: C 301 C:lpwworking-trd\dms77624\C-302 Post Drainage Area Map.dwg 05-27-2022 3:5726 PM BY: Pkuhl TRC Companies, Inc. 700 Highlander Blvd. Ste. 210 Arlington, TX 76015 Tel: 817-522-1000 www.trccompanies.com NO. REVISION DATE INIT DATE: 5/20/2022 DRAWN BY: TRC ENGINEER: KB APPROVED BY: -- PROJECT PHASE: USR PLANS SCALE: 1" - 50' SHEET NO.: Stormwater Drainage Study Appendix B: NRCS SOIL LAYER MAP 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 January 12, 2022 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 21 Dacono clay loam, 0 to 1 percent slopes 13 22 Dacono clay loam, 1 to 3 percent slopes 14 References 16 4 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 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 40° 27' 0" N 4 4 8 40° 26' 44" N 104° 39' 9" W 529460 I 529460 M 529520 Hydrologic Soil Group —Weld County, Colorado, Southern Part (Bickling_2) 529580 Soil Map may not be valid at this scale. 529520 529580 Map Scale: 1:2,380 if printed on A portrait (8.5" x 11") sheet. 0 35 70 140 529640 529640 529700 529700 Meters 210 Feet 0 100 200 400 600 Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: LJTM Zone 13N WGS84 529760 529760 104° 38' 53" W 529820 40° 27 0" N l` 4 4 3 4 4 40° 26'44" N 529820 M Ln Natural Resources Web Soil Survey as Conservation Service National Cooperative Soil Survey 2/25/2022 Page 1 of 4 10-40 Hydrologic Soil Group —Weld County, Colorado, Southern Part (Bickling_2) MAP LEGEND Area of Interest (AO!) Area of Interest (A01) ) Soils Soil Rating Polygons A A/D B B/D C C/D D Not rated or not available Soil Rating Lines A A/D B B/D C C/D kipii D Not rated or not available Soil Rating Points O O O A A/D B B/D C C/D D Not rated or not available Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background ,; 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-NRCS 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: Jul 19, 2018 -Aug 10, 2018 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. ,b Natural Resources lain Conservation Service Web Soil Survey National Cooperative Soil Survey 2/25/2022 Page 2 of 4 Hydrologic Soil Group —Weld County, Colorado, Southern Part Bickling_2 Hydrologic Soil Group Map unit symbol Map unit name Rating Acres in AOI Percent of AOI 21 Dacono 1 clay loam, percent slopes 0 to C 10.8 81.8% 22 Dacono 3 clay loam, percent slopes 1 to C 2.4 18.2% Totals for Area of Interest 13.3 100.0% Description Hydrologic soil groups are based on estimates of runoff potential. Soils are assigned to one of four groups according to the rate of water infiltration when the soils are not protected by vegetation, are thoroughly wet, and receive precipitation from long -duration storms. The soils in the United States are assigned to four groups (A, B, C, and D) and three dual classes (A/D, B/D, and C/D). The groups are defined as follows: Group A. Soils having a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. Group B. Soils having a moderate infiltration rate when thoroughly wet. These consist chiefly of moderately deep or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. Group C. Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. Group D. Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink -swell potential, soils that have a high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. If a soil is assigned to a dual hydrologic group (A/D, B/D, or CID), the first letter is for drained areas and the second is for undrained areas. Only the soils that in their natural condition are in group D are assigned to dual classes. Rating Options Aggregation Method: Dominant Condition e Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 2/25/2022 Page 3of4 Hydrologic Soil Group —Weld County, Colorado, Southern Part Bickling_2 Component Percent Cutoff: None Specified Tie -break Rule: Higher e Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 2/25/2022 Page 4of4 Custom Soil Resource Report Weld County, Colorado, Southern Part 21 Dacono clay loam, 0 to 1 percent slopes Map Unit Setting National map unit symbol: 361y Elevation: 4,550 to 4,970 feet Mean annual precipitation: 14 to 18 inches Mean annual air temperature: 48 to 52 degrees F Frost -free period: 140 to 160 days Farmland classification: Prime farmland if irrigated Map Unit Composition Dacono and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Dacono Setting Landform: Terraces Down -slope shape: Linear Across -slope shape: Linear Parent material: Mixed alluvium Typical profile H1-Oto12 inches: H2 - 12 to 21 inches. H3 - 21 to 27 inches H4 - 27 to 60 inches. clay loam • clay loam : clay loam ▪ very gravelly sand Properties and qualities Slope: 0 to 1 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high (0.20 to 0.60 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 very slightly saline (0.0 to 2.0 mmhos/cm) Available water supply, 0 to 60 inches: Moderate (about 6.3 inches) Interpretive groups Land capability classification (irrigated): 2s Land capability classification (non irrigated): 3s Hydrologic Soil Group: C Ecological site: R067BY042CO - Clayey Plains Hydric soil rating: No Minor Components Altvan Percent of map unit: 5 percent 13 Custom Soil Resource Report Hydric soil rating: No Nunn Percent of map unit: 5 percent Hydric soil rating: No Heldt Percent of map unit: 5 percent Hydric soil rating: No 22 Dacono clay loam, 1 to 3 percent slopes Map Unit Setting National map unit symbol: 361z Elevation: 4,550 to 4,970 feet Mean annual precipitation: 14 to 18 inches Mean annual air temperature: 48 to 52 degrees F Frost -free period: 140 to 160 days Farmland classification: Prime farmland if irrigated Map Unit Composition Dacono and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Dacono Setting Landform: Terraces Down -slope shape: Linear Across -slope shape: Linear Parent material: Mixed alluvium Typical profile H1 - 0 to 12 inches: clay loam H2 - 12 to 21 inches: clay loam H3 - 21 to 27 inches: clay loam H4 - 27 to 60 inches: very gravelly sand Properties and qualities Slope: 1 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high (0.20 to 0.60 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 very slightly saline (0.0 to 2.0 mmhos/cm) Custom Soil Resource Report Available water supply, 0 to 60 inches: Moderate (about 6.3 inches) Interpretive groups Land capability classification (irrigated): 2e Land capability classification (nonirrigated): 3s Hydrologic Soil Group: C Ecological site: R067BY042CO - Clayey Plains Hydric soil rating: No Minor Components Altvan Percent of map unit: 9 percent Hydric soil rating: No Nunn Percent of map unit: 6 percent Hydric soil rating: No 15 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 16 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 17 Stormwater Drainage Study Appendix C: RATIONAL METHOD CALCULATIONS Area -Weighting for Runoff Coefficient Calculation Project Title: Catchment ID: Cloudbreak Bickling 2 Existing Illustration LEGEND: Flow Direction Catch ent Boundary - Instructions: For each catchment subarea, enter values for A and C. Subarea Area Runoff Product ID acres Coeff. A C* CA input input input output SOIL C, HISTORICAL 13.26 0.51 6.76 sum: 13.26 sum: 6.76 Area -Weighted Runoff Coefficient (sum CA/sum A) = 0.5100 *See sheet "Design Info" for inperviousness-based runoff coefficient values. BICKLING_2_RATIONAL_CALCS_EX 100 Yrs, Weighted C 2/25/2022, 8:52 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: Catchment ID: Cloudbreak Bickling 2 Existing I. Catchment Hydrologic Data Catchment ID = Area = Percent Imperviousness = NRCS Soil Type = A 13.26 2.00 C II. Rainfall Information Design Storm Return Period, Tr = O1= C2= C3= P1= Acres oya A,B,C,orD I (inch/hr) = Cl * P1 /(C2 + Td)AC3 100 28.50 10.00 0.786 2.72 years (input return period for design storm) (input the value of C1) (input the value of C2) (input the value of C3) inches (input one -hr precipitation --see Sheet "Design Info") III. Analysis of Flow Time (Time of Concentration) for a Catchment Runoff Coefficient, C = Overide Runoff Coefficient, C = 5-yr. Runoff Coefficient, C-5 = Overide 5-yr. Runoff Coefficient, C = 0.51 0.51 0.16 0.08 Reach :3 (enter an overide C value if desired, or leave blank to accept calculated C.) (enter an overide C-5 value if desired, or leave blank to accept calculated C-5.) Illustration Reach 2 ti. Reach 1 flow overland LEGEND � Bea, r_irming Flow Direr lion C air hnte nt B o undary NRCS Land Type Conveyance Heavy Meadow 2.5 Tillage! Field 5 Short Pasture! Lawns 7 Nearly Bare Ground 10 Grassed Swales! Waterways 15 Paved Areas & Shallow Paved Swales (Sheet Flow) 20 Calculations: Reach ID Overland Slope S ft/ft input 0.0091 Length L ft input 5-yr Runoff Coeff C-5 output 300 0.08 1 0.0040 55 2 0.0040 884 3 0.0030 128 4 5 Sum 1,367 IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc, I = Rainfall Intensity at Regional Tc, I = Rainfall Intensity at User -Defined Tc, I = 2.07 5.71 5.71 NRCS Convey- ance input Flow Velocity V fps output N/A 0.15 5.00 0.32 5.00 0.32 5.00 0.27 Computed Tc = Regional Tc = User -Entered Tc = inch/hr Peak Flowrate, Qp = inch/hr Peak Flowrate, Qp = inch/hr Peak Flowrate, Qp = Calculated values for Tc & Qp are based on overide values entered for C & C-5. Flow Time Tf minutes output 32.91 2.90 46.59 7.79 90.19 17.59 17.59 14.02 38.65 38.65 cfs cfs cfs BICKLING_2_RATIONAL_CALCS_EX RATIONAL CALCS EX 100 Yrs, Tc and PeakQ 2/25/2022, 9:14 AM Area -Weighting for Runoff Coefficient Calculation Project Title: Catchment ID: Cloudbreak Bickling 2 Proposed Illustration LESTD : Flow Direction Cat chin eit Bum Instructions: For each catchment subarea, enter values for A and C. Subarea Area _ Runoff Product ID acres Coeff. A C* CA input input input output C SOILS , SOLAR FACILITY 5.56 0.56 3.11 C SOILS GRAVEL ROAD 0.66 0.58 0.38 C SOIL CONCRETE PADS 0.02 0.96 0.02 C SOIL, HISTORICAL 7.02 0.51 3.58 Sum: 13.26 sum: 7.10 Area -Weighted Runoff Coefficient (sum CA/sum A) = 0.5351 *See sheet "Design Info" for inperviousness-based runoff coefficient values. 1 CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: Catchment ID: Cloudbreak Bickling 2 Proposed I. Catchment Hydrologic Data Catchment ID = Area = Percent Imperviousness = NRCS Soil Type = A 13.26 13.68 C II. Rainfall Information Design Storm Return Period, Tr = 01= C2= C3= P1= Acres oya A,B,C,orD I (inch/hr) = Cl * P1 /(C2 + Td)AC3 100 28.50 10.00 0.786 2.72 years (input return period for design storm) (input the value of C1) (input the value of C2) (input the value of C3) inches (input one -hr precipitation --see Sheet "Design Info") III. Analysis of Flow Time (Time of Concentration) for a Catchment Runoff Coefficient, C = Overide Runoff Coefficient, C = 5-yr. Runoff Coefficient, C-5 = Overide 5-yr. Runoff Coefficient, C = 0.54 0.54 0.24 0.08 Reach :3 (enter an overide C value if desired, or leave blank to accept calculated C.) (enter an overide C-5 value if desired, or leave blank to accept calculated C-5.) Illustration Reach 2 ti. Reach 1 flow overland LEGEND � Bea, r_irming Flow Direr don C air hnte nt B o undary NRCS Land Type Conveyance Heavy Meadow 2.5 Tillage! Field 5 Short Pasture! Lawns 7 Nearly Bare Ground 10 Grassed Swales! Waterways 15 Paved Areas & Shallow Paved Swales (Sheet Flow) 20 Calculations: Reach ID Overland Slope S ft/ft input 0.0091 Length L ft input 5-yr Runoff Coeff C-5 output 300 0.08 NRCS Convey- ance input Flow Velocity V fps output N/A 0.15 1 0.0040 55 2 0.0040 884 3 0.0030 128 4 5 Sum 1,367 IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc, I = Rainfall Intensity at Regional Tc, I = Rainfall Intensity at User -Defined Tc, I = 1.54 5.71 5.71 5.00 0.32 2.50 0.16 5.00 0.27 Flow Time Tf minutes output 32.91 2.90 93.18 7.79 Computed Tc = Regional Tc = User -Entered Tc = inch/hr Peak Flowrate, Qp = inch/hr Peak Flowrate, Qp = inch/hr Peak Flowrate, Qp = Calculated values for Tc & Qp are based on overide values entered for C & C-5. 136.78 17.59 17.59 10.98 40.87 40.87 cfs cfs cfs BICKLING_2_RATIONAL_CALCS_PR RATIONAL CALCS PR 100 Yrs, Tc and PeakQ 2/25/2022, 8:53 AM Stormwater Drainage Study Appendix D: GRASS SWALE CALCULATIONS Worksheet for Swale Size with Freeboard Project Description Friction Method Solve For Manning Formula Discharge Input Data Roughness Coefficient Channel Slope Normal Depth Left Side Slope Right Side Slope Bottom Width 0.030 0.005 ft/ft 12.0 in 4.000 H:V 4.000 H:V 3.00 ft Results Discharge Flow Area Wetted Perimeter Hydraulic Radius Top Width Critical Depth Critical Slope Velocity Velocity Head Specific Energy Froude Number Flow Type 17.87 cfs 7.0 ft2 11.2 ft 7.5 in 11.00 ft 9.0 in 0.017 ft/ft 2.55 ft/s 0.10 ft 1.10 ft 0.564 Subcritical GVF Input Data Downstream Depth Length Number Of Steps 0.0 in 0.0 ft 0 GVF Output Data Upstream Depth Profile Description Profile Headloss Downstream Velocity Upstream Velocity Normal Depth Critical Depth Channel Slope Critical Slope 0.0 in N/A 0.00 ft Infinity ft/s Infinity ft/s 12.0 in 9.0 in 0.005 ft/ft 0.017 ft/ft Swale Sizing.fm8 2/25/2022 Bentley Systems, Inc. Haestad Methods Solution Center 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-1666 FlowMaster [10.03.00.03] Page 1 of 1 1&\IA CLOUDBREAK CBEP SOLAR 8, LLC PO BOX 1255 STERLING, CO 80751 (970) 425-3175 INFO©CLOD DBREAKEN ERGY.COM DATE: August 8, 2022 PROJECT: Bidding #2 Solar Project SUBJECT: Dust Abatement Plan The purpose and intent of this Dust Abatement Plan is to ensure that the Project complies with applicable state and federal air quality standards. The Environmental Protection Agency (EPA) sets forth the National Ambient Air Quality Standards (NAAQs) pursuant to the Clean Air Act. Air quality impacts associated with construction projects generally arise from fugitive dust generation during the operation of heavy equipment. Colorado administers the NAAQS through issuance of the Air Pollutant Emission Notice (APEN). The Project will not exceed the NAAQS and will follow best management practices to ensure that the production of dust will be controlled by the regular application of water to the Project. The Project will obtain an APEN permit prior to construction. Minimal dust is expected to be generated during construction and operations due to the planned use of dust suppression best management practices and soil stabilization following construction and throughout operations. During construction, CBEP Solar 8, LLC and its contractors will control dust by applying water to disturbed soils and soil piles to control fugitive dust from blowing and impairing air quality. Once the construction phase is completed, the site will be visited 1-2 times per year for routine maintenance and as needed for emergency maintenance. Disturbed areas not covered with gravel as part of the Project design will be reseeded with native seed to revegetate disturbed areas and hold soil in place, minimizing fugitive dust impacts during operations. CBEP Solar 8, LLC would employ native revegetation methods or chemical control methods for infestations of weeds during regular maintenance if necessary. (970) 425-3175 I INFO©CLOUDBREAKENERGY.COM I CLOUDBREAKENERGY.COM 1&\IA CLOUDBREAK CBEP SOLAR 8, LLC PO BOX 1255 STERLING, CO 80751 (970) 425-3175 INFO©CLOD DBREAKEN ERGY.COM DATE: August 8, 2022 PROJECT: Bidding #2 Solar Project SUBJECT: Dust and Weed Mitigation Plan Dust Control: • Minimal dust is expected to be generated during construction and operations due to the planned use of dust suppression best management practices and soil stabilization following construction and throughout operations. During construction, CBEP Solar 8, LLC and its contractors will control dust by applying water to disturbed soils and soil piles to control fugitive dust from blowing and impairing air quality. • During the operations of the Project, the land under and around the Project will be seeded with a native grass seed mixture, which will mitigate dust. Weed Control: • The site will be inspected annually by CBEP Solar 8, LLC or its contractors for the presence of invasive species. Minor presences will be managed by cutting and pulling in a manner to not disburse or promote spreading of weed seeds. If a major presence occurs, mowing and the potential application of herbicides will be deployed. Herbicide selection may vary depending on the time of year, the life cycle of the noxious weed species. (970) 425-3175 I INFO©CLOUDBREAKENERGY.COM I CLOUDBREAKENERGY.COM TRC 708 Heartland Trl, Suite 3000 Madison, WI 53717 Technical Memorandum Date: March 15, 2022 To: CBEP Solar 8, LLC From: BreAnne Kahnk — Project Engineer Reference No.: TRC Project No. 434718.0000 Subject: Bickling 2 — Solar Glare Hazard Analysis Working Copy Introduction CBEP Solar 8, LLC (CBEP) is proposing to develop an approximately 1.0 -megawatt (MW) alternating current (AC) solar photovoltaic (PV) project identified as Bickling 2 Solar (Project). The Project is located near Greeley, Weld County, Colorado. Figures 1 and 2 demonstrate the proposed PV array location for the Project. Solar Glare Analysis Methodology TRC conducted a solar glare analysis using methodology developed by Sandia National Laboratories and described in the Solar Glare Hazard Analysis Tool (SGHAT) User's Manual (Ho et al, 2013). The SGHAT-compliant software used in this analysis is under license to TRC by ForgeSolar. Under certain conditions, solar panel surfaces reflect sunlight and produce glint (a momentary flash of bright light) or glare (a continuous source of bright light). Magnitude of glint and glare depends on several factors such as sun position, location of observer, and characteristics of the solar PV array including the tilt, orientation, location, and optical properties of the modules. Glare visibility from the observer's location is analyzed once glare characteristics are determined. Ocular hazard potential is estimated based on retinal irradiance and subtended angle (size/distance) of the glare (Ho et al., 2010). Potential ocular hazards range from temporary after -image to retinal burn depending on the retinal irradiance and subtended angle as shown in Figure 3. The SGHAT classifies solar glare into three categories, denoted as either `green', `yellow', or 'red' glare. • Green glare is the mildest of the three glare classifications and refers to a level of glare that has a low potential to cause after -image and no potential to cause retinal burn. • Yellow glare is a moderate level of glare with some potential to cause temporary after- image and no potential to cause retinal burn. • Red glare is a serious and significant form of glare with potential to cause retinal burn and/or permanent eye damage. \\madison-vfp\Records\-\WPMSN\PJT2\434718\0000\000024\M4347180000PH24-002.docx Technical Memorandum Page 2 of 7 Limitations of the SGHAT applicable to this Project are as follows: • The SGHAT does not rigorously represent the detailed geometry of a solar panel array; detailed features such as gaps between modules, variable height of the PV array, and support structures may impact actual glare results. However, accuracy of the current approach is validated by several test cases. • The model does not consider obstacles (either man-made or natural, existing or proposed) and mitigation measures between the observation points and prescribed solar installation that may obstruct predicted glare. • The ocular hazard predicted by the tool depends on a number of environmental, optical, and human factors, which can be uncertain. In general, default values given by the SGHAT in this analysis reflect the worst -case scenario. As such, the actual glare created by the proposed Project will likely be less than that predicted by this model. FAA Interim Policy The Federal Aviation Administration (FAA) 2013 interim policy was originally developed for solar projects located on airport property. SGHAT is recommended and approved by FAA (2013). However, the interim policy and SGHAT are adopted by the industry for solar projects outside of airport property but within the proximity of airports. Glare hazard is determined in FAA (2013) based on the solar glare hazard potential plot developed by Ho et al. (2010). The Solar glare hazard potential is defined based on the potential ocular hazard from solar glare as a function of retinal irradiance and the subtended angle of the glare source (Figure 3). FAA (2013) requires that proposed solar projects meet the following standards: 1. No potential for glint or glare in the exiting or planned Airport Traffic Control Tower (ATCT) cab, and 2. No potential for glare or low potential for after -image' along the final approach path for any existing landing thresholds (including any planned interim phases of the landing thresholds) as shown on the current FAA -approved Airport Layout Plan (ALP). The FAA defines the final approach path is defined is as two (2) miles from fifty feet above the landing threshold using a standard three (3) degree glide path. However, if a threshold crossing height (TCH) is specified by the ALP, the site specific TCH will be utilized in the glare analysis. Project Description Preliminary layout and panel configuration have been developed by CBEP. As the Project is further designed, it is likely that the actual Project footprint will be smaller than that used for this analysis. Figure 1 depicts the proposed array area, observation points (OPs) and route receptors evaluated. Figure 2 depicts the proposed array area and airport receptors evaluated. Project Specifications The PV panels for the Project are proposed to be mounted on a single axis tracking racking system with axes that are oriented to the south (180° azimuth), and an east -west tilt angle of 52° to - 52°. The resting angle, which is defined as the angle of rotation of the panels when the sun is outside the panels' tracking range, is proposed to be 0°. \\madison-vfp\Records\-\WPMSN\PJT2\434718\0000\000024\M4347180000PH24-002.docx Technical Memorandum Page 3 of 7 Single -axis tracking systems are programmed for the panels to remain perpendicular to the sun's location as the sun moves across the sky throughout the day via solar data from ephemeris tables, which predict the sun's path across the sky. The tracking system begins when the sun's location is perpendicular with the maximum tracking angle (52°) of the system and continues until the sun enters a range where the panel can no longer remain perpendicular with the sun. When the sun is outside the tracking range of the system (when the panels no longer can remain perpendicular with the sun), the trackers remain at their resting angle or utilize backtracking. The Project will utilize backtracking at the site to reduce the impacts from shading during the morning and evening hours of the day. ForgeSolar utilizes four methods to model backtracking which include "shade -slope," "shade," "interval," and "instant." Because the site is not located on flat ground and the primary goal of the backtracking is to minimize impacts to the system from shading, a "shade -slope" method was utilized in this model. "Shade -slope" is a slope aware method design to accommodate the modules placed on arbitrarily -oriented slopes and reduce shading. For the backtracking analysis, a ground coverage ratio of 34.77 percent was assumed. The panels are proposed to be mounted to the racking at approximately 4.5 -feet (54 inches) above ground level (AGL). The glare analysis will be evaluated at the mounting height. No significant grading is currently proposed for the Project. The panels are designed to absorb sunlight. The panels were modeled as smooth glass. The panels will be treated with anti - reflective coatings (ARC), which assists to absorb and transmit light rather than reflecting it. Observation Point Parameters Solar glare hazard analyses were conducted for selected residences located in vicinity of the Project using ForgeSolar's OP tool to estimate potential glare. Unoccupied structures, such as garages, sheds, barns, etc., were not analyzed. The OPs analyzed were selected by TRC. A height of 6 feet was used to represent observers located at one-story residences/buildings. A height of 16 feet was used to represent observes located on the second floor of two-story residences/buildings. Table 1 summarizes the modelled characteristics of the selected OPs and their corresponding labels. Figure 1 shows the locations of the selected OPs in relation to the Project. Table 1: Observation Points Observation Point Label Number of Floors in Residence Height (ft) OP1 21308 County Road 64 6 OP2 16 O P3 21367 County Road 64 6 O P4 21399 County Road 64 6 O P5 21491 County Road 64 6 O P6 16 \\madison-vfp\Records\-\WPMSN\PJT2\434718\0000\000024\M4347180000PH24-002.docx Technical Memorandum Page 4 of 7 Route Receptors TRC also analyzed the adjacent roadways, County Road 43 and County Road 64, utilizing the Route Receptor in ForgeSolar (Figure 1). The Route Receptor provides a multi -line representation that simulates observers traveling along continuous paths such as roads, railways, helicopter paths, and multi -segment flight tracks. The viewing angle for observers traveling within passenger vehicles along the roadways was presumed to be a 180° field of view, which represents that the observer can view glare in all directions. A viewing angle of 50° was used for commercial vehicles to account for the restricted field of view of larger commercial vehicles. A height of 5 feet was assumed for passenger vehicles and 11 feet for commercial vehicles. Airport Parameters Solar glare hazard analyses were conducted for the Greeley Weld County Airport. TRC utilized ForgeSolar's 2 -mile flight path tools to estimate potential glare. The 2 -mile flight path tool simulates aircraft following a straight-line approach path toward a runway, including a restricted field -of -view to filter unrealistic glare. The Greeley Weld County Airport is located approximately 1.5 miles southeast from the Project, with one of the runways located approximately 0.9 miles east from the Project. According to the FAA, the Greeley Weld County Airport (GXY) uses two asphalt runways: Runway 10/28 that has a northwest to southeast alignment and Runway 17/35 that has a north to south alignment. The FAA does not identify ATCTs at GXY. Flight path analyses for GXY were conducted using the following parameters provided by the FAA: Runway 10/28 • Glide Slope (Visual Glide Path): 3° • TCH: — Runway 10: 43 ft. AGL — Runway 28: 27 ft. AGL • Runway heading (azimuth): — Runway 10: 105° — Runway 28: 285° Runway 17/35 • Glide Slope (Visual Glide Path): 3° • TCH: Runway 17: 46 ft. AGL Runway 35: 51 ft. AGL • Runway heading (azimuth): Runway 17: 177° Runway 35: 357° \\madison-vfp\Records\-\WPMSN\PJT2\434718\0000\000024\M4347180000PH24-002.docx Technical Memorandum Page 5 of 7 Additional Assumptions The following assumptions have been utilized for the analyses: • Time zone for the Project was set at UTC — 7 hours (Mountain Standard Time). • Subtended angle of the sun of 9.3 milliradian (mrad) is assumed as recommended by SGHAT. This is the average angle of the sun as viewed from earth as it moves throughout the day. • The time interval for the analysis was set to run at 1 -minute increments. Inputs, outputs, and other assumptions used in the analysis are documented in Attachment 1. Results, Recommendations, and Conclusions TRC conducted the solar glare hazard analysis using the FAA -approved SGHAT tool to evaluate potential impact of the Project on the evaluated OPs and Route Receptors. TRC evaluated the potential solar glare impact of the PV panels using the project specifications detailed above. Table 2 shows the estimated total number of minutes per year that glare may be visible from the proposed Project at each OP and Route Receptor evaluated. These results are detailed in Attachment 1. Table 2 Receptor Green Glare (min/yr) Yellow Glare (min/yr) Red Glare (min/yr) Runway 10 939 0 0 Runway 17 0 0 0 Runway 28 265 0 0 Runway 35 0 0 0 OP1 0 413 0 O P2 0 566 0 OP3 0 0 0 OP4 0 0 0 O P5 0 0 0 O P6 0 0 0 County Road 43 — Passenger 614 293 0 County Road 43 — Commercial 0 0 0 County Road 64 — Passenger 13 836 0 County Road 64 Commercial 29 1036 0 — \\madison-vfp\Records\-\WPMSN\PJT2\434718\0000\000024\M4347180000PH24-002.docx Technical Memorandum Page 6 of 7 Table 3 from the SGHAT-generated glare report confirms that glare analysis satisfies FAA Interim Policy (2013) parameters for the panel configuration analyzed. Table 3: 2013 FAA Interim Policy Compliance Component Status Description Comply (2013) with FAA Analysis Parameters PASS Analysis characteristics time interval used and eye are acceptable Yes Flight Paths PASS Flight receive path yellow receptor(s) glare do not Yes Air Traffic Control Tower (ATCT) N/A No ATCT receptors designated N/A Based on the glare hazard analysis performed for the Project with the project specifications provided above, no glare is expected to be visible at the OP3, OP4, and OP5. However, yellow glare is modelled to be observed at OP1 and OP2, green and yellow glare is modelled to be observed along the route receptors, and green glare is modelled to be observed along runway approach for Runway 10/28. It should be noted that the modeled backtracking in ForgeSolar may not be exactly the same as the backtracking that may be used on -site during operations. The estimated glare that may be visible at the evaluated receptors is described below. • Runway 10/28 is located south of the array area. Green glare may be visible along the approach of Runway 10 for less than 10 minutes per day from approximately 4:30 am to 6:00 am from late April to late August. The glare is expected observed a minimum of approximately 1.35 miles from the Runway 10 threshold. In addition, green glare may be visible along the approach of Runway 28 for approximately 5 minutes per day or less from approximately 7:00 pm to 8:00 pm from mid -May to late July. The glare is expected to be observed a minimum of approximately 1.8 miles from the Runway 28 threshold. • OP1 and OP2 are located approximately 500 feet northwest of the array area. OP1 was modelled on the first floor and OP2 was modelled on the second floor of the evaluated residence. Yellow glare may be visible at both observation points for less than 10 minutes per day from approximately 6:00 am to 8:00 am from mid -October to late February. • County Road 43 is located west of the array area. Green and yellow glare may be visible for less than 5 minutes a day from approximately 4:30 am to 7:30 am throughout the year from a passenger car traveling along the evaluated section of County Road 43. • County Road 64 is located north of the array area. Green and yellow glare may be visible for less than 10 minutes a day from approximately 6:00 am to 8:00 am from October to early March and from approximately 4:00 pm to 6:00 pm from mid -October to March from a passenger car and commercial vehicle traveling along the evaluated section of County Road 64. Cloudbreak is evaluating several methods to mitigate the glare estimated to be visible at the above receptors. These methods include the use of vegetative screening or changes in the project specifications. Due to glare being observed from upper floors of an adjacent property, vegetative screening may not be applicable to the site. Adjusting the resting angle of the system would also mitigate the modelled glare. At a resting angle of approximately 5 degrees, the modelled glare is expected to be reduced to zero minutes a year. This is because the resting angle of a tracking system, and at the end of the backtracking range, can have a large \\madison-vfp\Records\-\WPMSN\PJT2\434718\0000\000024\M4347180000PH24-002.docx Technical Memorandum Page 7of7 impact on glare produced near sunrise and sunset. When the sun is low on the horizon, an angle (even a slight angle) is needed to reflect light in a more upward trajectory, minimizing the light reflected to observers close to the ground. It should be noted that changes to the Project specifications may affect the results of this analysis. References Ho, C.K., C.M. Ghanbari, and R.B. Driver. 2010. Methodology to Assess Potential Glare Hazards from Concentrating Solar Power Plants: Analytical Models and Experimental Validation, SAND2010-2581 C, in proceedings of the 4th International Conference on Energy Sustainability, Phoenix, AZ, May 17-22. Ho, C.K., and C.A. Sims. 2013. Solar Glare Hazard Analysis Tool (SGHAT) User's Manual v 3.0. \\madison-vfp\Records\-\WPMSN\PJT2\434718\0000\000024\M4347180000PH24-002.docx Figures 1\madison-vfp\Records\-\WPMSN\PJT2\43471810000\000024\M4347180000PH24-002.docx Figure 1. Bickling 2 Site with Observation Points and Route Receptor Locations COUNTY ROAD tt 11madison-vfp\Records\-\WPMSN\PJT2\434718\0000\000024\M4347180000PH24-002.docx C F 0 co C C) 1.E+0 1.E+02 1.E+01 1.E+00 1.E-01 1.E-02 1.E-03 1.E-04 1.E-0 1.E-06 Potential for Permanent Eye Damage (retinal burn) C 4 _ direct viewing of sun Potential for After -Image I Low Potential for After -Image I I I I l 'subtended angle of sun I I I I I I III 1 10 00 1000 Subtended Source Angle (mrad) 1 Brumley,,, e (1977) [1 ] Sliney and Freasier J (1973. Table III) [3] n Delon et al. (2007) ANSI 2000 111] • M etea if and Horn (1 98) [`I 21 • Severin et al. (1962) [13] Saur and I (1969) [14 °brasl Airport Feature FAA Acceptable Glare Limit Color Code Runways No Glare None Low potential for after image Green ATCT No Glare None Note: After image (flash blindness) is an internal picture that appears on the retina after looking at an object reflecting light or at a source of light itself. Figure 3. Glare Hazard Analysis Plot and FAA Acceptable Glare Limits (Ho et al., 2011 and FAA, 2013) Glare analyses do not account for physical obstructions between reflectors and receptors. This includes buildings, tree cover and geographic obstructions. Several calculations utilize the PV array centroid, rather than the actual glare spot location, due to algorithm limitations. This may affect results for large PV footprints. Additional analyses of array sub -sections can provide additional information on expected glare. The subtended source angle (glare spot size) is constrained by the PV array footprint size. Partitioning large arrays into smaller sections will reduce the maximum potential subtended angle, potentially impacting results if actual glare spots are larger than the sub -array size. Additional analyses of the combined area of adjacent sub -arrays can provide more information on potential glare hazards. (See previous point on related limitations.) Glare locations displayed on receptor plots are approximate. Actual glare -spot locations may differ. Glare vector plots are simplified representations of analysis data. Actual glare emanations and results may differ. The glare hazard determination relies on several approximations including observer eye characteristics, angle of view, and typical blink response time. Actual results and glare occurrence may differ. Hazard zone boundaries shown in the Glare Hazard plot are an approximation and visual aid based on aggregated research data. Actual ocular impact outcomes encompass a continuous, not discrete, spectrum. 2016-2019 © Sims Industries d/b/a ForgeSolar, All Rights Reserved. \\madison-vfp\Records\-\WPMSN\PJT2\434718\0000\000024\M4347180000PH24-002.docx Attachment 1 Bickling 2 Solar Project Solar Glare Hazard Analysis Reports 1\madison-vfp\Records\-\WPMSN\PJT2\43471810000\000024\M4347180000PH24-002.docx Irt -:,FbrgeScr�. n n PV :3Isnning 3: glare analysis FORGESOLAR GLARE ANALYSIS Project: Bickling Solar Site con guration: Bickling 2 Solar Analysis conducted by BreAnne Kahnk (bkahnk@trccompanies.com) at 18:14 on 11 Mar, 2022. U.S. FAA 2013 Policy Adherence The following table summarizes the policy adherence of the glare analysis based on the 2013 U.S. Federal Aviation Administration Interim Policy 78 FR 63276. This policy requires the following criteria be met for solar energy systems on airport property: • No "yellow" glare (potential for after -image) for any ight path from threshold to 2 miles • No glare of any kind for Air Tra c Control Tower(s) ("ATCT") at cab height. • Default analysis and observer characteristics (see list below) ForgeSolar does not represent or speak o cially for the FAA and cannot approve or deny projects. Results are informational only. COMPONENT STATUS DESCRIPTION Analysis parameters PASS Analysis time interval and eye characteristics used are acceptable 2 -mile ight path(s) PASS Flight path receptor(s) do not receive yellow glare ATCT(s) N/A No ATCT receptors designated Default glare analysis parameters and observer eye characteristics (for reference only): • Analysis time interval: 1 minute • Ocular transmission coe cient: 0.5 • Pupil diameter: 0.002 meters • Eye focal length: 0.017 meters • Sun subtended angle: 9.3 milliradians FAA Policy 78 FR 63276 can be read at https://www.federalregister.gov/d/2013-24729 SITE CONFIGURATION 41sTervir-wx..1 lorinvirm, Avi Analysis Parameters DNI: peaks at 1,000.0 W/m^2 Time interval: 1 min Ocular transmission coe cient0.5 Pupil diameter: 0.002 m Eye focal length: 0.017 m Sun subtended angle: 9.3 mrad Site Con g ID: 65624.11618 Methodology: V2 Imegery ©2022 Terraryl etrics PV Array(s) Name: Axis Backtracking: Tracking Max Resting Ground Rated Panel Reflectivity: Slope Bickling 2 tracking: Single -axis rotation Shade -slope axis orientation: 180.0° tracking angle: 52.0° angle: 0.0° Coverage Ratio: 0.3477 power: - material: Smooth glass with AR coating Vary with sun error: correlate with material -- c �' Imagery i . , i, • ' � M1 Tee -N hnologes, i. • ; II�;Q ' I ' ti• j I �,! , _- fr,i @2,322 �` ` Maxar I, ,, , USDA Farm Service Agency ;• = _ J ► Vertex Latitude (°) Longitude (°) Ground elevation (ft) Height above ground (ft) Total elevation (ft) 1 40.448855 -104.651246 4675.45 4.50 4679.95 2 40.448858 -104.650619 4675.03 4.50 4679.53 3 40.447307 -104.649818 4674.49 4.50 4678.99 4 40.446421 -104.649795 4673.64 4.50 4678.14 5 40.446430 -104.651258 4671.51 4.50 4676.01 Flight Path Receptor(s) Name: Runway 10 Description: r ` i ` �`'' Threshold height: 43 ft Direction: 105.0° -' Glide slope: 3.0° Pilot view restricted? Yes Vertical view: 30.0° Azimuthal view: 50.0° - �-=--.. _ . Google .- Imagery ©2022 Muer Technologies, USDA F rrn Service Agency _� Point Latitude (°) Longitude (°) Ground elevation (ft) Height above ground (ft) Total elevation (ft) Threshold 40.430692 -104.646107 4660.84 43.00 4703.85 Two-mile 40.438175 -104.682839 4641.72 615.58 5257.30 Name: Description: Threshold Direction: Runway 17 height: 46 ft 177.0° ' ,k,‘,44 at Glide slope: 3.0° • r Pilot view restricted? Yes , ,, Vertical view: 30.0° I I Azimuthal view: 50.0° ly oo �, Imagery @2022 Mf�xar Ted, USDA Farm Sent ice Agency Point Latitude (°) Longitude (°) Ground elevation (ft) Height above ground (ft) Total elevation (ft) Threshold 40.456244 -104.632247 4695.95 46.00 4741.95 Two-mile 40.485117 -104.634238 4717.35 578.06 5295.40 Name: Runway 28 Description: Threshold height: 27 ft Direction: 285.0° Glide slope: 3.0° Pilot view restricted? Yes Vertical view: 30.0° Azimuthal view: 50.0° �,► 9 . - z I__ . Google @2022 Raker Tec&vgbc it 'I_I t: DA Fan n Service Agency i , Point Latitude (°) Longitude (°) Ground elevation (ft) Height above ground (ft) Total elevation (ft) Threshold 40.426465 -104.626075 4646.75 27.00 4673.75 Two-mile 40.418982 -104.589345 4595.24 631.97 5227.20 Name: Runway 35 Description: Threshold height: 51 ft Direction: 357.0° Glide slope: 3.0° Pilot view restricted? Yes Vertical view: 30.0° Azimuthal view: 50.0° Point Latitude (°) Longitude (°) Ground elevation (ft) Height above ground (ft) Total elevation (ft) Threshold Two-mile 40.431863 40.402990 -104.631031 -104.629041 4652.25 4620.79 51.00 635.92 4703.25 5256.71 Discrete Observation Receptors Name ID Latitude (°) Longitude (°) Elevation (ft) Height (ft) OP 1 1 40.449494 -104.652965 4678.50 6.00 OP 2 2 40.449494 -104.652965 4678.50 16.00 OP 3 3 40.450139 -104.651726 4682.22 6.00 OP 4 4 40.450135 -104.650894 4681.76 6.00 OP 5 5 40.450049 -104.649778 4680.89 6.00 OP 6 6 40.450049 -104.649778 4680.89 16.00 Route Receptor(s) Name: County Road 43 - Commercial Path type: Two-way Observer view angle: 50.0° Note: Route receptors are excluded from this FAA policy review. Use the 2 -mile ight path receptor to simulate ight paths according to FAA guidelines. Height above ground (ft) Total elevation (ft) Vertex Latitude (°) Longitude (°) Ground elevation (ft) 1 2 40.449844 40.442597 -104.658795 -104.658770 4680.38 4669.95 11.00 11.00 4691.38 4680.95 Name: County Road 43 - Passenger _ r if Path type: Two-way Observer view angle: 180.0° R4 J • i e Note: FAA receptor FAA policy guidelines. Route to receptors review. simulate Use ight are the excluded 2 paths -mile according ight from this path to F 4 .. . Google O2022 CNES ! Airbus, blaitac Technologies, USDA Farm Service Agency new Vertex Latitude (°) Longitude (°) Ground elevation (ft) Height above ground (ft) Total elevation (ft) 1 40.449858 -104.658800 4680.49 5.00 4685.49 2 40.442598 -104.658765 4669.97 5.00 4674.97 Name: Path County type: Two-way Road 64 - Commercial Observer view angle: 50.0° i i Note: Route receptors are excluded from this t �, �. I -,: I: -• 4 ,, a • FAA Use the 2 ight policy review. -mile path receptor FAA guidelines. to simulate ight paths according to ' Google _:try .gin- ©2022 CNES / Altus, MMax _ T . cf no ,,� ies, - , USDA Farm Service Agency Vertex Latitude (°) Longitude (°) Ground elevation (ft) Height above ground (ft) Total elevation (ft) 1 40.449849 -104.658802 4680.44 11.00 4691.44 2 40.449732 -104.646474 4683.12 11.00 4694.12 Name: County Road 64 - Passenger Path type: Two-way Observer view angle: 180.0° s Note: Route receptors are excluded from this ,i ( �. , _ FAA Use the 2 -mile ight Prrismair' - ._ , policy review. path receptor FAA guidelines. to simulate ight paths according to it I 'ill' I , ,• II . .pi, N �� - it \ _. Google agery O2022 CNES / Airbus, Maxar Technolccies, USDA Farm Service Agency Vertex Latitude (°) Longitude (°) Ground elevation (ft) Height above ground (ft) Total elevation (ft) 1 40.449839 -104.658790 4680.39 5.00 4685.39 2 40.449733 -104.646473 4683.12 5.00 4688.12 GLARE ANALYSIS RESULTS Summary of Glare PV Array Name Bickling 2 Tilt Orient "Green" Glare "Yellow" Glare Energy (°) (°) min min kWh SA SA 1,860 3,144 tracking tracking MIA Total annual glare received by each receptor Receptor Annual Green Glare (min) Annual Yellow Glare (min) Runway 10 939 0 Runway 17 0 0 Runway 28 265 0 Runway 35 0 0 OP 1 0 413 OP 2 0 566 OP 3 0 0 OP 4 0 0 OP 5 0 0 OP 6 0 0 County Road 43 - Commercial 0 0 County Road 43 - Passenger 614 293 County Road 64 - Commercial 29 1036 County Road 64 - Passenger 13 836 Results for: Bickling 2 Receptor Green Glare (min) Yellow Glare (min) Runway 10 939 0 Runway 17 0 0 Runway 28 265 0 Runway 35 0 0 OP 1 0 413 OP 2 0 566 OP 3 0 0 Receptor Green Glare (min) Yellow Glare (min) OP 4 0 0 OP 5 0 0 OP 6 0 0 County Road 43 - Commercial 0 0 County Road 43 - Passenger 614 293 County Road 64 - Commercial 29 1036 County Road 64 - Passenger 13 836 Flight Path: Runway 10 0 minutes of yellow glare 939 minutes of green glare 0 24:00 23:00 22:00 - 21:00 20:0D - 19-00 18.00 17:00 18-00 - 15:00 - 14.00 13.00 - 12:00 - 11:00 - 10:00 - 09.00 0800- 07.00 06:00 - 05:00 - 04:00 - 03:00 - 02:00 01:00 - 00:00 _ Annual Predicted Glare Occurrence r r i 1 7 1a� Vex) 0 P Oat Day of year ea Low potential for temporary after -image Potential for temporary after -image se9 CAL`. r 1.40"1 Vie(' 60 50 cv 40 co 30 12 20 10 01 I Daily Duration of Glare W'5 #zzi \ \` % cgg G,e9 Oct - Day of year MI Low potential for temporary after -image Potential for temporary after -image vec Flight Path: Runway 17 0 minutes of yellow glare 0 minutes of green glare 2- 13 L75 - 0 to a1 L E O I- a, v c m 4J to aJ co 0.5- E 2 0.25 - Q 1.5 - L25 - 0.75 - 0 Path Location vs. Time of Glare 9 4er mat 4,31. No'c' 4ati peN9 4p Date NMI Low potential for temporary after -image Potential for temporary after -image r Flight Path: Runway 28 0 minutes of yellow glare 265 minutes of green glare I 7 Q r 24:00 - 23:00 22:00 - 21:00 20:00 - 19.00 18-00 - 17:00 - 16-00 - 15:00 - 14:00 1100 - 12:00 - 11:00 - 10:00 - 09 00 05:00 - 07-00 06:00 - 05:00 04.00 - 03:00 - 02:00 01:00 - 00:00 _ Annual Predicted Glare Occurrence tan * Q ,fat pQt cl.so sec cp. N.O Oe Day of year Low potential for temporary after -image Potential for temporary after -image 60 - N 40- iv ati vl 30- a '2 20 10 - Daily Duration of Glare \se' key 'PS ot c,1/4O c2e9 cc' Day of year a Low potential for temporary after -image Potential for temporary after -image Is4- 9ez Flight Path: Runway 35 0 minutes of yellow glare 0 minutes of green glare Point Receptor: OP 1 413 minutes of yellow glare 0 minutes of green glare Path Location vs. Time of Glare 2 -O 175— O tn a) L E C v. - a) U C to V1 a) its 0.5 - E 0a a_ 1.5 L25 0.75 — 0.25 - tan ciet jai P�K ozS t`sn 0 Pty yzt? 00 - Date Low potential for temporary after -image Potential for temporary after -image it0 ccG 0 24:00 - 23:00 - 22:00 21:00 - 20:0D - 19-00 - 18:00 - 17:00 - 16:00 - 15-00 14:00 - 13:00 - 12.00 - 11:00 - 10 00 09:00 - 08:00 - 07.00 - 06:00 05:0D 04.00 - 03,04 02:00 - 01:00 00.00 _ Annual Predicted Glare Occurrence I I I S fe" 40 7 I Day of year I I I I OdcN4ma 9ec INN Low potential for temporary after -image Potential for temporary after -image Point Receptor: OP 2 566 minutes of yellow glare 0 minutes of green glare O 24:00 - 23:00 - 22:00 21:00 - 20:0D - 19:00 - 18:00 17:00 - 16:00 - 15-00 14:00 - 13.00 - 12.00 - 11:00 - 10 00 09-00 - 08:00 - 07:00 - 06:00 05:00 - 04:00 - 03:00 02:00 - 01:00 00:00 Annual Predicted Glare Occurrence I S lea voc pct I Ns‘soi 1\\ Pig Day of year ,mac oti ©o 9ec Low potential for temporary after -image Potential for temporary after -image Point Receptor: OP 3 0 minutes of yellow glare 0 minutes of green glare Point Receptor: OP 4 0 minutes of yellow glare 0 minutes of green glare Point Receptor: OP 5 0 minutes of yellow glare 0 minutes of green glare 60 - 50 10- 0 Daily Duration of Glare I S fe.'a fat pt I \\)S' # P`�4 c Q 00 - Day of year MI Low potential for temporary after -image Potential for temporary after -image 60 50 - 112 4O — rts CI Lk - 0 30 - 2 C .220- 10- 0 Daily Duration of Glare 0 f I Day of year Low potential for temporary after -image Potential for temporary after -image Point Receptor: OP 6 0 minutes of yellow glare 0 minutes of green glare Route: County Road 43 - Commercial 0 minutes of yellow glare 0 minutes of green glare Route: County Road 43 - Passenger 293 minutes of yellow glare 614 minutes of green glare Annual Predicted Glare Occurrence 24:00 - 23:00 22:00 - 21:00 20:00 19:00 - 18:00 17.00 16:00 - 15.00 14-00 - 13:00 - O 12:00 - : 11:00 - 10 00 - 09:00 0600- 07:00 - 06:00 - 05.00 - 04:00 - 03:00 02:00 - 01:00 00:00 .e.0 pQS oas sec act \Act' dzc Day of year Low potential for temporary after -image Potential for temporary after -image Route: County Road 64 - Commercial 1036 minutes of yellow glare 29 minutes of green glare 24:00 - 23:00 22.00 - 21:00 20:00 19:00 - 1800 17:00 - 16:00 - 15.00 - 14:00 13:00 - O 12:00 r 11:00 - 10.00 - 09-00 0800- 07.00 - 06:00 05:00 - 04.00 - 03:00 - 02:00 01:00 - 00:0D - _ Annual Predicted Glare Occurrence 4.• 1 1 f 1 1 1 12,0 Na`i p&S cjeC OCT' Day of year Low potential for temporary after -image Potential for temporary after -image 9ec Route: County Road 64 - Passenger 836 minutes of yellow glare 13 minutes of green glare Annual Predicted Glare Occurrence 24:00 - 23 00 22-00 - 21:00 20:00 - 19-00 18 00 - 17.00 - 16-00 - 15:00 - 14-00 L. 13.00 - Q 12.00 - 2 11-00 - 10 00 - 09 00 0800- 07-00 - 06:00 - 05:00 04.00 - 03:00 - 02:00 01.00 - 00:00 _ fat' H2O . pCc 01. f f T ‘.‘q 5eQ od` \-\a4 Day of year Low potential for temporary after -image Potential for temporary after -image Assumptions "Green" glare is glare with low potential to cause an after -image ( ash blindness) when observed prior to a typical blink response time. "Yellow" glare is glare with potential to cause an after -image ( ash blindness) when observed prior to a typical blink response time. Times associated with glare are denoted in Standard time. For Daylight Savings, add one hour. Glare analyses do not account for physical obstructions between re ectors and receptors. This includes buildings, tree cover and geographic obstructions. Several calculations utilize the PV array centroid, rather than the actual glare spot location, due to V1 algorithm limitations. This may a ect results for large PV footprints. Additional analyses of array sub -sections can provide additional information on expected glare. The subtended source angle (glare spot size) is constrained by the PV array footprint size. Partitioning large arrays into smaller sections will reduce the maximum potential subtended angle, potentially impacting results if actual glare spots are larger than the sub -array size. Additional analyses of the combined area of adjacent sub -arrays can provide more information on potential glare hazards. (See previous point on related limitations.) Glare locations displayed on receptor plots are approximate. Actual glare -spot locations may di er. Glare vector plots are simpli ed representations of analysis data. Actual glare emanations and results may di er. The glare hazard determination relies on several approximations including observer eye characteristics, angle of view, and typical blink response time. Actual results and glare occurrence may di er. Hazard zone boundaries shown in the Glare Hazard plot are an approximation and visual aid based on aggregated research data. Actual ocular impact outcomes encompass a continuous, not discrete, spectrum. Refer to the Help page at www.forgesolar.com/help/ for assumptions and limitations not listed here. 2016 © Sims Industries d/b/a ForgeSolar, All Rights Reserved. CBEP SOLAR 8, LLC PO BOX 1255 STERLING, CO 80751 (970) 425-3175 INFO c©iCLOUDBREAKENERGY.COM There is currently no landscaping on the Project's site. The Project will be surrounded by a 7 foot tall game fence. Please refer to sheet C-401 of the USR Map for additional detail on the proposed security fence. The landowner (CBEP Land 2, LLC) will be installing an opaque wooden fence that will be at least 6 feet tall along the northwest boundary of the property, as seen in the depiction below. The fence will be installed prior to the Bidding #2 Solar Project becoming operational. ' IA tfr CLOUDBREAK CBEP SOLAR 8, LLC PO BOX 1255 STERLING, CO 80751 (970) 425-3175 INFO©CLOD DBREAKEN ERGY.COM DATE: August 8, 2022 PROJECT: Bickling #2 Solar Project SUBJECT: Lighting Plan CBEP Solar 8, LLC is proposing to construct and operate the Bickling #2 Solar Project in unincorporated Weld County, Colorado. The Project includes construction of 1.3 Megawatts (MW) of solar electric generation on a 112.81 -acre parcel. This Lighting Plan describes lighting during the construction and operations phases of the Project. Temporary Construction Lighting: The need for lighting during construction is expected to be limited because the majority of construction activities will occur during daylight hours. If lighting is needed during construction, lights will be positioned and/or shielded from oncoming traffic and residences in the vicinity of the project site, as necessary. Cutoff -type luminaires would be used where practicable. Individual light sources would not exceed 150,000 lumens per light source (typical of a 1250W metal halide light) and would project 0.1 lumen or less at property lines. Unnecessary lighting will not be used. Lights would not exceed 24 feet in height. Any lighting needed for construction is not shown in the dimensioned elevation drawing of the USR Map due to its temporary nature. Project Operations Lighting: There will be no lighting on the Project after construction is completed. (970) 425-3175 I INFO©CLOUDBREAKENERGY.COM I CLOUDBREAKENERGY.COM 'TRC Noise Study Report March 2022 Bickling Site#2 Solar Project Prepared For: Cloudbreak EnergyPartners, LLC 4845 Pearl East Circle,Suite 118 Boulder, Colorado 80301 Prepared By: TRC Companies, Inc. 123 North College Avenue, Suite 206 Fort Collins, Colorado 80524 i TRC Noise Study Bickling #2 Solar Project Weld County, Colorado NOISE STUDY Cloudbreak Energy Partners, LLC (Cloudbreak) is proposing to construct and operate the Bickling #2 Project (Project) in unincorporated Weld County, Colorado. The Project includes construction of 2.5 Megawatts (MW) of solar electric generation on a 10 -acre parcel. The purpose of this noise study was to determine the level of noise impact the Project at nearby residences and to ensure that the Project complies with state and county regulations. The level of impact has been determined based on The State of Colorado Noise Law and WCC Chapter 14 Article 9 (Noise). Fundamentals of Noise Noise can be defined as unwanted sound. When a noise is distinctly louder than the ambient noise environment and reaches a certain level, it can disrupt normal activities. The magnitude of noise or the deviation from the ambient noise level is usually described by sound pressure. The magnitude of noise is usually described by a ratio of its sound pressure to a reference sound pressure, which is usually 20 micro - Pascals. A logarithmic scale is used to relate sound pressure to a common reference pressure, yielding the sound pressure level (SPL). SPL is measured in dimensionless units of decibels (dB) and are modified by frequency response of human hearing or weighting. The commonly accepted limits of human hearing to detect sound are between the threshold of hearing at 0 dB and the threshold of pain at 140 dB. Sound frequencies are represented in units of Hertz (Hz), which correspond to the number of vibrations per second of a given tone. Sound occurs over a wide range of frequencies. Three weightings have been established for measuring sound pressure: A, B, and C. The commonly accepted audible frequency is between 20 Hz and 20,000 Hz, and human hearing is most sensitive to the frequencies between 1,000 Hz and 6,000 Hz. The A -weighted scale is adjusted to frequencies most sensitive to human ears. Sound levels that are measured using the A -weighted scale are often expressed as dB(A). All noise levels in this noise impact analysis report will be expressed in dB(A). A key concept in evaluating potential noise impacts is the perceived effect of incremental increases in existing noise levels. Changes in dB(A) are exponential; therefore, an increase of 3 dB(A) is barely perceptible, an increase of 5 dB(A) is readily perceptible, and a 10 dB(A) increase would be perceived by someone to be a doubling of the noise level (loudness). Existing Noise Environment: The subject site is located southeast of the intersection of County Road 64 and County Road 43 in an unincorporated area of Weld County, Colorado. The Project Area is surrounded by existing agricultural fields to the north, east, south, and west. The applicable setbacks from adjacent property lines, and roadways, will be required and much of the existing vegetation (if present) within the setbacks will be retained. Existing noise sources at the site occur mainly from infrequent vehicular traffic traveling on nearby roadways. 1 i TiC Noise Study Bickling #2 Solar Project Weld County, Colorado State of Colorado Noise Law Colorado Revised Statutes 25-12-103: Maximum Permissible Noise Levels. 1. Every activity to which this article is applicable shall be conducted in a manner so that any noise produced is not objectionable due to intermittence, beat frequency, or shrillness. Sound levels of noise radiating from a property line at a distance of twenty-five feet or more there from in excess of the dB(A) established for the following time periods and zones shall constitute prima facie evidence that such noise is a public nuisance. 2. In the hours between 7:00 a.m. and the next 7:00 p.m., the noise levels permitted in subsection (1) of this section may be increased by ten dB(A) for a period of not to exceed fifteen minutes in any one -hour period. 3. Periodic, impulsive, or shrill noises shall be considered a public nuisance when such noises are at a sound level of five dB(A) less than those listed in subsection (1) of this section. Table 1. State of Colorado Maximum Allowable Noise Sound Pressure Levels for Specified Premises Zone 7am to next 10pm 10pm to next lam Residential 55 dB(A) 50 dB(A) Commercial 60 dB(A) 55 dB(A) Light Industrial 70 dB(A) 65 dB(A) Industrial 80 dB(A) 75 dB(A) Weld County Code Noise Ordinance Weld County Code (WCC) 14-9-40: Maximum Permissible Noise Levels. A. Sound levels are hereby established for each type of property during specific hours of the day. Any sound level which exceeds the level set for a type of property at any time of day is prohibited 2 Noise Study Bickling #2 Solar Project Weld County, Colorado B. Between the hours of 9:00 p.m. and 7:00 a.m., the noise levels set forth above may be exceeded by up to ten (10) decibels for up to fifteen (15) minutes in a one -hour period. Table 2. Weld County Maximum Permissible Noise Levels Land Use 7am to 9pm 9pm to 7am Residential property or Commercial Area 55 dB(A) 50 dB(A) Industrial area or Construction activities 80 dB(A) 75 dB(A) Non -specified areas 55 dB(A) 50 dB(A) C. Vehicles operating in the public right-of-way are subject to the following maximum noise levels. Table 3. Maximum Vehicular Sound Levels Vehicle Class (GVWR) Maximum 35 mph noise or less in Speed zone Limit Maximum noise over 35 mph in Speed zone Limit Over 10,000 lbs. 86 dB(A) 90 dB(A) Any other vehicle 80 dB(A) 84 dB(A) Project Noise Construction Construction noise represents a short-term (temporary) impact on ambient noise levels. Temporary noise impacts during construction would occur during daylight hours while construction equipment is being operated including, but not limited to, passenger vehicles, earthmoving equipment, concrete mixers, water trucks, and semi-tractor/trailer trucks. The spatial distribution of construction noise emissions would vary during the day and depend upon the type of activity. Construction traffic will generate noise along the haul route. This noise would be temporary during commuting hours and when supplies are delivered over the course of construction. Operations Sources of noise during operation would only include temporary vehicle noise from maintenance personnel access and typical noise emissions from the solar array, inverters (which convert electricity from AC -to -DC, and DC -to -AC), transformers (which "step up" and "step down" the system voltage), and overhead transmission. Project facilities that emit sound during operation include inverters. Noise emission from inverters depends on the inverter model and number of inverters, which will be determined based on detailed engineering to be completed during final design and approval of the site, but typical emissions from industrial PV inverters and associated supporting equipment utilized in previous solar projects within the region range from 48 to 72 dB(A) at a distance of 10 feet (Tech Environmental 2012). Within this range, inverter sound levels are generally 3 Noise Study Bickling #2 Solar Project Weld County, Colorado indistinguishable from background noise levels at a distance of 150 feet from the inverter (Tech Environmental 2012). Typical equipment that is expected to be utilized for this Project includes Module Model LONGi LR4- 72NHD-435M or similar and Inverter Model CPS SCH125KTL-DO/US-600 or similar. For comparison, a gas lawnmower can produce around 90 dB(A), a vacuum cleaner around 70 dB(A), and a dishwasher in the next room around 50 dB(A) (FAA 2022). Based on the typical sound levels from Project operation and the distance to the boundary, the Project will adhere to Weld County and State of Colorado permissible noise levels. Conclusion The purpose of this noise study was to determine the level of noise impact the Project will produce and ensure that the Project will comply with state and county regulations. This level of impact has been determined based on the Weld County noise regulations. Based on typical solar energy facility equipment, it is expected that the noise levels from Project facilities will meet the Weld County Noise Ordinance and state statute requirements. References FAA (Federal Aviation Administration). 2022. Fundamentals of Noise and Sound. Available https://www.faa.gov/regulations_policies/policy_ guidance/noise/basics/. Accessed March 23, 2022. Tech Environmental, Inc. 2012. Study of Acoustic and EMF Levels from Solar Photovoltaic Projects. Prepared by Tech Environmental, Inc., Waltham, MA. Prepared for Massachusetts Clean Energy Center, Boston, MA. December 2012. Power Electronics. 2019. Technical Report. Sound Pressure Level in Freesun PSCK/HEMK Inverters. April 2019. 4 ' !A CLOUDBREAK CBEP SOLAR 8, LLC PO BOX 1255 STERLING, CO 80751 (970) 425-3175 INFO c©iCLOUDBREAKENERGY.COM DATE: August 8, 2022 PROJECT: Bickling #2 Solar Project SUBJECT: Traffic Narrative 1. Describe how many roundtrips/day are expected for each vehicle type: Passenger Cars/Pickups, Tandem Trucks, Semi-Truck/Trailer/RV (Roundtrip = One (1) trip in and One (1) trip out of site). • Maximum anticipated number of daily trips during peak period of construction: 10 - 15 vehicles per day during peak construction 7am - 3:30pm general hours Monday - Friday. • % of heavy vehicles during peak period of construction: 5 - 10% During first few months of construction. • Typical anticipated number of daily trips after construction is complete: 2 - 4 trips per year depending on O&M contract details. 2. Describe the expected travel routes or haul routes for site traffic. • The primary travel/haul route will be North on Highway 85, East onto 8th Street, N orth onto County Road 43, East onto County Road 64, and then arriving at the N orthern access point on the parcel. 3. Describe the travel distribution along the routes (e.g. 50% of traffic will come from the north, 20% from the south, 30% from the east, etc.). • 100% of the expected travel will follow the primary travel/haul route detailed above. 4. Describe the time of day that you expect the highest traffic volumes. • 7:00am - 3:30pm 1&\IA CLOUDBREAK CBEP SOLAR 8, LLC PO BOX 1255 STERLING, CO 80751 (970) 425-3175 INFO©CLOD DBREAKEN ERGY.COM DATE: August 8, 2022 PROJECT: Bidding #2 Solar Project SUBJECT: Alternatives Statement Cloudbreak Energy Partners performed a rigorous search for ideal solar project locations across the State of Colorado. This search included hundreds, if not thousands, of properties within Weld County. The Bickling's property was chosen due to several factors including, but not limited to: • Close proximity to high quality Xcel Energy distribution infrastructure that has the capacity for a project of this size • Close proximity to Xcel Energy's Cloverly substation, which is one of Xcel's preferred locations for interconnecting solar projects • Outside of floodplains and wetlands • Relatively flat • No geotechnical constraints • Landowner participation • Limited disturbance to nearby properties and property owners Alternatives to the Bickling's property were thoroughly evaluated but were ultimately dismissed due to at least one of the above factors. The proposed Project presents the most viable design and location with the least adverse impacts of all the alternatives. Xcel Energy awarded CBEP Solar 8, LLC this project in December of 2020. (970) 425-3175 I INFO©CLOUDBREAKENERGY.COM I CLOUDBREAKENERGY.COM 1&\IA CLOUDBREAK CBEP SOLAR 8, LLC PO BOX 1255 STERLING, CO 80751 (970) 425-3175 INFO©CLOD DBREAKEN ERGY.COM DATE: August 8, 2022 PROJECT: Bidding #2 Solar Project SUBJECT: Development Standards Statement 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.: o The ground -mounted solar collectors will not exceed 25' 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: o A glare study for the Project is included in the application materials. The risk of glare being directed toward or onto nearby properties or roadways will be mitigated with screening as described in the Landscape and Screening Plan. 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: o The Project conforms to the setback requirements of the Agricultural zone and is greater than 500 feet away from existing residential buildings and residential lots of a platted subdivision or planned unit development. 4. Dust mitigation. The operators of the 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: o The Project will continuously employ the practices for control of fugitive dust detailed in the submitted Dust Mitigation Plan. (970) 425-3175 I INFO©CLOUDBREAKENERGY.COM I CLOUDBREAKENERGY.COM CLOUDBREAK PAGE 2 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 grade crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts (where necessary:: o All electrical cables on the improved area shall be buried, except for direct current string wires that connect between solar collectors, direct current collection circuits between rows of solar arrays that are no more than four (4) feet above grade crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts (where necessary). 6. Fencing. The 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: o The Project will be enclosed by a 7 foot tall game fence. Additional details are provided in the Landscape and Screening Plan as well as the USR Map. 7. Stormwater management. The Operator of the 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 (MRCS): o A drainage report has been submitted as part of the Project's application. 8. Access permit. Prior to construction of the 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: a Prior to construction of the Project, CBEP Solar 8, LLC or its contractors 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. 9. Existing irrigation systems. The nature and location or expansion of the SEF must not unreasonably interfere with any irrigation systems on or adjacent to the solar facility. o The Project will not interfere with any irrigation systems on or adjacent to the solar facility. (970) 425-3175 I INFO©CLOUDBPEAKENEPGY.COM I CLOUDBPEAKENEPGY.COM 4145503 09/28/2015 10:3AM Total Pages: 6 Rec Fee: $36.00 Carly Koppes - Clerk and Recorder, Weld County, CO WHEN RECORDED RETURN TO: Boris' Natural Resource Partners, LLC 1530 16th Street, Suite 300 Denver, CO 80202 PECLAR.ATI ► E DRY -UP COVENANT AND EASEMENT This De+clara,ti n of Dry -Up Covenant and Easement ("Covenant") is dated and effective as of September 252o 15 (the "Effective Date"). ;RECITALS WHEREAS, on the Effective Date, Sorb Natural Resource Partners, LLC, a Colorado limited liability company ("Grantor") is the current owner of certain real property located in Weld County, Colorado, legally described on the attached Exhibit A ("Grantor's Property"). WHEREAS, the New Cache La Poudre Irrigating Company, and the Cache La Poudre Reservoir Company are the owners of the following decreed rights to divert and use water (collectively referred to as the "Water Rights"): New Cache La Poudre Irrigatin Cow. any Decree Adjudication Date Appropriation Date Total Amount (cfs) CA -320 1882-4-11 1870-10-25 110 CA -320 1882441 1871-9-15 170 CA -320 ; 1882-4-11 _1874-11-10 184 CA -320 1882441 1877-9-15 121 W-8059-75 1975-12-31 1974-5-27 65 Total 650 Cache La Poudre Reservoir Comnan Decree ; Adjudication Date Appropriation Date Total Amount (cfs/ac-ft) 3 CA -1591 19044 09 1892-3-17 .. 8,379 ac -ft CA -2031 1922-4-22 1902-12-1 1,740 ac -ft CA41217 1953-940 i 1923-12-31 5,948 ac -ft CA -11217 1953-940 1923-12-31 4,171 ac -ft W4103 1971-6-08 1892-3-17 110 cis W-1103 . 1971-6-08 1892-3-17 50 cis --1103 ; 1971-6-0 8 1892-3-17 90 cfs 80CW415 1982-9-03 1892-3-17 15 cfs, 80CW415 198.2,-x'-03 J 1893-7-31 10 cfs 4145503 09/28/2015 10:38 AM Page 2 of 6 WHEREAS, as of the Effective Date, Grantor is also the owner of twelve (12) shares of capital stock in the New Cache La Poudre Irrigating Company (represented by share certificate number 4872), twenty four (24) shares of capital stock in the Cache La Poudre Reservoir Company (represented by share certificate number 4106) (collectively referred to as the "Shares"). WHEREAS, Grantor's Property has historically been irrigated by utilizing the Shares and the water rights derived therefrom. WHEREAS, the portion of the Water Rights represented by the Shares are intended to be subject to a change of use, augmentation, or exchange, or for any other use Grantor determines, and that in order to effect such uses, the portion ofthe Water Rights represented by the. Shares will need to be changed in an appropriate proceeding before the District Court, Water Division No. 1 ("Water Court") or pursuant to administrative approval by the Colorado Division of Water Resources, to change the place and/or type of use of the portion of the Water Rights represented by the Shares. WHEREAS, as a term and condition of any change in use of the Shares, the Water Rights, including any water rights derived from the Shares, shall no longer be used for irrigation purposes on Grantor's Property, WHEREAS, Grantor desires to execute and record this Covenant affirming the cessation of all uses ofthe Water Rights, including the water rights derived from the Shares, on the Grantor's Property excepting only the proposed changed uses for storage and recharge purposes as expressly allowed pursuant to a Water Court decree, as covenants running with and burdening the Grantor's Property, all under the terms of this Covenant. WHEREAS, in addition to the foregoing, Grantor shall execute and record this Covenant to reserve an easement for access to the Grantor's Property in favor of the beneficiaries outlined in Section 7 below, on the terms and conditions and for the purposes set forth herein. COVENikaNT AND EASEMENT NOW, THEREFORE, Grantor, as a condition in support of its application for a change of use of the Shares and the water rights derived therefrom pending in the Water Court on the Effective Date, hereby covenants and agrees as follows: 1. Grantor shall permanently dry -up and discontinue use of the Water Rights, including any water rights derived from the Shares, for irrigation purposes on Grantor's Property. 2. Grantor shall not allow the planting of any crops on Grantor's Property which are capable of extending roots into the underlying groundwater, including, but not limited to, alfalfa. 3. Grantor shall re -vegetate Grantor's Property during or before the first growing period after the Effective Date of this Covenant with a dryrland native grass seed that has been generally accepted for re -vegetation purposes on land subject to dry -up in the general area of Grantor's Property. Grantor shall maintain the desired vegetation growth. 4145503 09/28/2015 10:38 Al l Page 3 of 6 4r Grantor shall take reasonable measures to keep Grantor's Property free of noxious weeds, including, but not limited to, periodic inspection, manual weeding, mowing and/or spraying �.generally with accepted herbicide. 5. Upon any subsequent transfer by Grantor of Grantor's Property, Grantor hereby reserves a limited, non-exclusive, perpetual easement solely for the purposes of providing Grantor, its successors and assigns or any subsequent owners of the Shares and all of their respective agents P and design ees, access to Grantor's Property to take all actions reasonably necessary to accomplish the p dry -up of the Grantor's Property and to demonstrate to the satisfaction of the Colorado Division of Water Resources and the Water Court that permanent dry -up and cessation of use of the Water Rights, including water rights derived from the Shares, for irrigation purposes on Grantor ' s Property has occurred. Any party entitled to a right of access under this Covenant and the easement reserved herein shall provide reasonable advance notice to and consult with the owner of Grantor's Property before p y the exercise of said right of access 6. Grantor intends for this Covenant to affect and burden the entirety of Grantor's Property as a restrictive covenant running with the land for the benefit of my owner of the Shares, the owner of the Water Rights and any other beneficiary outlined in Section 7 below. 7. This Covenant shall burden, attach to and run with Grantor's Property, and shall be binding upon any persons or entities which have or subsequently acquire an ownership or leasehold interest in all or any portion of Grantor's Property and their respective heirs, successors and assigns. The terms and provisions of this Covenant shall be perpetual and shall inure to the benefit of Grantor, in its capacity as owner of the Shares, and its successors and assigns, owners of the Water Rights and all successor owners of the Shares. This Covenant may be enforced by Grantor or its successors and assigns, any party having any right, title or interest in the Water Rights, successor owners of the Shares, or by the State Engineer of the State of Colorado, at any time in any action at law or in equity. 8. This Covenant shall not prohibit the owner ofGrantor's Property or their successors and assigns from irrigating said property with water rights (excluding in all instances the Water Rights and any water rights derived from the Shares) which may in the future be transferred to such lands and for such use through an appropriate Water Court proceeding which does not diminish or otherwise adversely impact the historical consumptive use of the Water Rights, including the water rights derived from the Shares. Any owner of Grantor's Property shall not use said property in any manner which adversely impacts the use of the Shares by Grantor or any subsequent owner of the Shares or diminishes the historical consumptive use of the Water Rights, including any water rights derived from the Shares. } This Covenant shall not prohibit the use of the water rights derived from the Shares for the purposes of storage and/or recharge on Grantor's Property as contemplated in Grantor' s change of use application pending in the Water Court on the Effective Date in Case No. 2014CW 046. 4145503 09/28/2015 10:38 Al l Page 4 of 6 10. Upon transfer of the Shares by Grantor to any party, that party shall succeed to Grantor's rights under this Covenant that result from ownership of the Shares and shall have the right to enforce the terms of this Covenant against Grantor or, if Grantor's Property has been � conveyed to others, against the then -current owner of Grantor's Property. 11. Grantor warrants that, on the Effective Date, no other person or entity has any ownership or encumbrance interest in Grantor's Property. 12. The then -current owner of Grantor's Property shall reasonably cooperate with the then -current owner ofthe Shares to demonstrate the dry -up of and cessation ofuse of water Rights, including water rights derived from Shares, on Grantor's Property for irrigation purposes, including, but not limited to, providing affidavits or testimony attesting -�pnon-use to the d up and of the Water Rights on Grantor's Property for irrigationpurposes when and ifnecessary. 13. Enforcement of this Covenant may be by legal proceedings by Grantor, the then - current owner of the Shares, or any other beneficiary outlined in Section 7 above, as the case may be, against the other party violating any provision of this Covenant, either to restrain or enjoin such violation, obtain specific performance, or recover damages. In the event of ancontroversy,claim, or dispute relating to this Covenant or the breach thereof, the prevailing party shall be entitled to recover from the non -prevailing party the prevailing party's costs and expenses, including,without limitation, reasonable attorneys fees and costs. 14. This Covenant shall be recorded in the office of the Weld County Clerk and Recorder. [Signatures and notary blocks appear on the following page] 4145503 09/28/2015 10:38 Al l Page 5 of 6 IN WITNESS WHEREOF, the parties have set their hands and seals this day and year first above written, GRANTOR: Sorin Natural Resource Partners, LLC, a Colora u s limited liability company I r By: Name: , 4,L es ( e."r Title: Au\ificriazegi Address: 1530 16th Street, Suite 300 Denver, CO 80202 STATE OF COLORADO COUNTY OF ides& ss. ttteat T . c foregoin instrument was acknowledged before me this &t day of 2015b t S as Authorized Representative of Sorin Natural Resource Partners, LLC, a Colorado limited liability company, on behalf of the company. Witness my hand and official seal. [SEAL] commissio xpires: Notary Public hSkairel, SUSAN JEND NOTARY PUBLIC STATE OF COLORADO NOTARY ID * 20124071314 MY COMMISSION EXPIRES NOVEMBER 07, 2016 4145503 09/28/2015 10:38 Al l Page 6 of 6 Exhibit A Grantor's Property LOT B OF RECORDED EXEMPTION NO. O8O3-34-3 REC 13-OO6O, BEING LOT B OF AMENDED RECORDED EXEMPTION O. 788, THE EAST 1/2 OF THE NORTHWEST 1/4 AND PART OF THE WEST 1/2 OF THE EAST 1/2 OF THE SOUTHWEST 1/4, OF SECTION 34, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO Application Colorado Clear form Small Generator Interconnection Agreement te?, Xcel Energy Application ID: SRC086255 This Small Generator Interconnection Agreement ("Agreement") is entered into by and between Public Service Company of Colorado, d/b/a Xcel Energy, a Colorado corporation, having a mailing address of P.0 Box 840, Denver, Colorado, 80201, hereinafter referred to as "Public Service" and CBEP Solar 8, LLC having a mailing address of 4845 Pearl East Cir Suite 118 #53242, Boulder, CO 80301 herein after referred to as "Customer." The Customer and Public Service are sometimes also referred to in this Agreement jointly as "Parties" or individually as "Party." I. Scope and purpose A) Establishment of Point of Common Coupling. This Agreement is intended to provide for theCustomer to interconnect and operate a Generation System with a total Nameplate Capacity of greater than 10 kW AC and 10 MWs AC or less in parallel with the Public Service electric distribution system at 21690 CR 64 Greeley, CO 80631 as more specifically identified in Exhibit C and shown in the Exhibit A one -line diagram. B) This Agreement contains the terms and condition under which the Customer may interconnect the Generation System to the Public Service electric distribution system and the facilities required by the Customer for such interconnection. C) This Agreement does not authorize the Customer to export power or constitute an agreement to purchase or wheel the Customer's power. Other services that the Customer may require from Public Service, or others, may be covered under separate agreements or the Public Service Electric Tariffs, or both. D) This Agreement does not cover FERC jurisdictional generating system installations. E) The Technical Requirements for interconnection are set forth in a separate Technical Requirements document, entitled "Safety, Interference and Interconnection Guidelines for Cogenerators, Small Power Producers, and Customer -Owned Generation," dated March 26, 2010, a copy of which has been made available to the Customer and the receipt of which Customer hereby acknowledges. The Technical Requirements, as may be modified from time to time, are hereby incorporated and made part of this Agreement by this reference. II. Definitions A) "Agreement" — Small Generator Interconnection Agreement B) "Area EPS" — an electric power system (EPS) that serves Local EPSs. Note: Typically, an Area EPS has primary access to public rights -of -way, priority crossing of property boundaries, etc. C) "Commission" — the Public Utilities Commission of the State of Colorado D) "Customer" — the party or parties that will own/operate the Generation System and shall be responsible for meeting the requirements of this Agreement E) "Dedicated Facilities" — the equipment that is installed due to the interconnection of the Generation System and not required to serve other Public Service customers, as more specifically described on Exhibit B attached hereto and made a part hereof. F) "Electric Tariffs" — Public Service's electric tariffs as in effect and on file with the Commission from time to time. G) "EPS" (Electric Power System)— facilities that deliver electric power to a load. Note: This may include generation units. H) "Extended Parallel" — the Generation System is designed to remain connected with Public Service for an extended period, see the Technical Requirements document for specific time thresholds. I) "Generation" — any device producing electrical energy, i.e., rotating generators driven by wind, steam turbines, internal combustion engines, hydraulic turbines, solar, fuel cells, etc.; or any other electric producing device, including energy storage technologies. J) "Generation Interconnection Coordinator" — the person or persons designated by Public Service to provide a single point of coordination with the Applicant for the generation interconnection process. K) "Generation System" — the interconnected generator(s), controls, relays, switches, breakers, transformers, inverters, and associated wiring and cables, up to the Point of Common Coupling. L) "Local EPS" — an electric power system (EPS) contained entirely within a single premise or group of premises. M) "Nameplate Capacity" — the total AC nameplate capacity rating of all the Generation included in the Generation System. For this definition, the "standby" and/or maximum rated kW capacity on the nameplate shall be used. N) "Point of Common Coupling" — the point where the Local EPS is connected to Public Service, as shown on Exhibit A hereto. 0) "Point of Delivery" — the point where the energy changes possession from one party to the other. Typically this will be where the metering is installed but it is not required that the Point of Delivery is the same as where the energy is metered. P) "Public Service Operator" — the distribution dispatch personnel or group that operates the Public Service Area EPS. 0) "Technical Requirements" — standards and requirements set forth in the document entitled "Safety, Interference and Interconnection Guidelines for Cogenerators, Small Power Producers, and Customer -Owned Generation" (March 26, 2010), as may be modified from time to time. Page 1 of 11 21-02-503 SRC Generator Interconnection Agreement Colorado Ill. Description of Interconnection Customer's Generation System A) A description of the Generation System, including a single -line diagram showing the general arrangement of how the Customer's Generation System is interconnected with Public Service's electric distribution system, is attached to and made part of this Agreement as Exhibit A. The single -line diagram shows the following: 1) Point of Delivery (if applicable) 2) Point of Common Coupling 3) Location of Meter(s) 4) Ownership of the equipment 5) Generation System total Nameplate Capacity 6) Scheduled operational (on-line) date for the Generation System IV. Responsibilities of the parties A) The Parties shall perform all of their respective obligations under this Agreement in accordance with all applicable laws and regulations, operating requirements, and good utility practices. B) Customer shall construct, operate, and maintain the Generation System in accordance with the applicable manufacturer's recommended maintenance schedule, the Technical Requirements, and in accordance with this Agreement. C) If this Agreement is executed before Public Service has conducted its inspection and testing of the Generation System in accordance with the Technical Requirements and such inspection and testing indicates that certain Dedicated Facilities (Exhibit B) or additional Operating Guidelines (Exhibit D) are required, then the Parties shall promptly amend this Agreement to modify Exhibit B or Exhibit D accordingly. D) Public Service shall carry out the construction of the Dedicated Facilities in a good and workmanlike manner, in accordance with standard design and engineering practices. V. Construction A) The Parties agree to cause their facilities or systems to be constructed in accordance with the laws of the State of Colorado and to meet or exceed applicable codes and standards provided by the NESC (National Electrical Safety Code), ANSI (American National Standards Institute), IEEE (Institute of Electrical and Electronic Engineers), NEC (National Electrical Code), UL (Underwriter's Laboratory), Technical Requirements, applicable local building codes, and other applicable ordinances in effect at the time of the installation of the Generation System. B) Charges and Payments The Customer is responsible for the actual costs to interconnect the Generation System with the Public Service electric distribution system at the Point of Common Coupling, including, but not limited to any Dedicated Facilities attributable to the addition of the Generation System, Public Service labor for installation coordination, commissioning, installation testing and engineering review of the Generation System, and interconnection design that are consistent with the applicable rules of the Commission. Estimates of these costs to be incurred by Public Service are set forth in Exhibit B. The estimated costs set forth in Exhibit B have been developed for budgeting purposes and may be greater or less than the actual costs required to be reimbursed by the Customer hereunder. All costs for which the Customer is responsible shall be reasonable under the circumstances of the particular design and construction of the interconnection. 1) Dedicated Facilities a) During the term of this Agreement, Public Service shall design, construct, and install the Dedicated Facilities outlined in Exhibit B. b) Once installed, the Dedicated Facilities shall be owned and operated by Public Service and all costs associated with operating and maintaining the Dedicated Facilities shall be the responsibility of Public Service, unless otherwise agreed. c) Upon execution of this Agreement, Public Service shall be authorized to begin construction and to procure the necessary facilities and equipment to complete the installation of the Dedicated Facilities, as described in Exhibit B. Notwithstanding any other provision of this Agreement to the contrary, if for any reason, the Generation System project is canceled or modified, or this Agreement is terminated by the Customer or by reason of the Customer's failure to diligently pursue the interconnection, such that any or all of the Dedicated Facilities are not required, the Customer shall nevertheless reimburse Public Service for actual costs incurred by Public Service in pursuing the installation of the Dedicated Facilities, including, but not limited to, any additional costs to remove and/or to complete the installation of the Dedicated Facilities. The Customer may, for any reason, cancel the Generation System project, so that any or all of the Dedicated Facilities are not required to be installed. The Customer shall provide written notice to Public Service of cancellation. Upon receipt of a cancellation notice, Public Service shall take reasonable steps to minimize additional costs to the Customer, where reasonably possible. This provision shall survive the termination of this Agreement. 2) Payments. The Customer shall a pay Public Service for the cost of the Dedicated Facilities as follows. a) All of the estimated costs, as set forth in Exhibit B, shall be due prior to initial energization of the Generation System with Public Service. b) The remainder of actual costs, incurred by the Public Service, excluding the ongoing costs of telemetry, shall be due within 30 days from the date the bill is mailed by Public Service after project completion. If the Customer does not make payment in full within that time, the unpaid balance shall bear interest at the rate of one and one half percent (1.5%) per month. In the event the actual costs are less than the estimated costs paid by Customer, Public Service shall refund the difference to the Customer within sixty (60) days of project completion. Page 2 of 11 21-02-503 SRC Generator Interconnection Agreement Colorado VI. Documents included with this agreement A) This Agreement includes the following Exhibits, which are specifically incorporated herein and made part of this Agreement by this reference: 1) 2) 3) 4) Exhibit A — Description of Generation System and single -line diagram. This diagram shows all major equipment, including, visual isolation equipment, Point of Common Coupling, Point of Delivery for Generation Systems that intentionally export, ownership of equipment, and the location of metering. Exhibit B — Estimated engineering, installation, equipment removal, commissioning and testing costs payable by the Customer. Included in this listing shall be the description and estimated costs for the required Dedicated Facilities being installed by Public Service for the interconnection of the Generation System and a description and estimate for the final acceptance testing work to be done by Public Service. Exhibit C — Engineering Data Submittal —A standard form application, and related charts, drawings and inventory lists that provide the engineering and operating information about the Generation System relied on by Public Service in establishing the interconnection. Exhibit D — Operating Guidelines —If applicable, this exhibit sets forth any special or additional operating information, limitations and requirements for this Generation System interconnection. VII.Terms and termination A) This Agreement shall become effective as of the date when both the Customer and Public Service have executed this Agreement. The Agreement shall continue in full force and effect until the earliest date that one of the following events occurs: 1) The Parties agree in writing to terminate the Agreement; or 2) The Customer may terminate this Agreement at any time, by written notice to Public Service, prior to witnessing the completion of the final acceptance testing of the Generation System by Public Service. Upon such termination, the Customer shall continue to be responsible for costs incurred by Public Service as provided for in Section V.B. above. Upon receipt of a termination notice, Public Service shall take reasonable steps to minimize additional costs to the Customer, where reasonably possible. 3) Once the Generation System is operational, the Customer may terminate this Agreement after thirty (30) days written notice to Public Service, unless otherwise agreed to within the Exhibit D, Operating Guidelines; or 4) Public Service may terminate this Agreement: a) After thirty (30) days written notice to the Customer if: i. The Customer fails to interconnect and operate the Generation System in accordance with the terms of this Agreement; ii. The Customer fails to take all corrective actions specified in Public Service's written notice that the Generation System is out of compliance with the terms of this Agreement, within the time frame set forth in such notice, or iii. The Customer fails to complete Public Service's final acceptance testing of the Generation System within 24 months of the date proposed under section III.A.6.; b) Pursuant to Article VIII G). 5) This Agreement shall automatically terminate upon the removal of the Generation System or the permanent cessation of generation operations by Customer behind the Point of Common Coupling. B) Upon termination of this Agreement, the Generation System shall be disconnected from Public Service's electric distribution system. The termination of this Agreement shall not relieve either Party of its liabilities and obligations, owed or continuing, at the time of the termination. VIII. Operational issues A) B) C) D) Each Party will, at its own cost and expense, operate, maintain, repair, and inspect, and shall be fully responsible for, the facilities that it now or hereafter may own, unless otherwise specified. Technical Standards: The Generation System shall be installed and operated by the Customer consistent with the requirements of this Agreement; the Technical Requirements; the applicable requirements located in the National Electrical Code (NEC); the applicable standards published by the American National Standards Institute (ANSI) and the Institute of Electrical and Electronic Engineers (IEEE); applicable local building codes, and other applicable ordinances in effect during the installation and operation of the Generation System and related facilities. Right of Access: At all times, Public Service's personnel shall have access to the disconnect switch of the Generation System for any reasonable purpose in connection with the performance of the obligations imposed on it by this Agreement, to meet its obligation to operate Public Service's system safely, and to provide service to its customers. As necessary for Public Service to operate, maintain, inspect, test, repair or replace its facilities for the purposes of this Agreement, the Customer shall allow Public Service access to Public Service's equipment and facilities located on the premises. Electric Service: This Agreement does not govern the provision of electric service by Public Service to supply the electrical requirements of the Local EPS. Any such electric service to be supplied to the Customer's Local EPS by Public Service shall be exclusively in accordance with the Electric Tariffs and rate schedules applicable to the Customer's class of service thereunder, as in effect from time to time. E) Operation and Maintenance: The Generation System shall be operated by the Customer in accordance with the Technical Standards and any additional requirements set forth in Exhibit D, attached hereto, if applicable, as amended, in writing, from time to time. F) Cooperation and Coordination: Both Public Service and the Customer shall communicate and coordinate their operations, so that the normal operation of Public Service's system does not unduly effect or interfere with the normal operation of the Generation System and the Generation System does not unduly effect or interfere with the normal operation of Public Service's system. Under abnormal operations of either the Generation System or the Public Service system, the responsible Party shall provide reasonably timely communication to the other Party to allow mitigation of any potentially negative effects of the abnormal operation of their system. G) Disconnection of Unit: Public Service may disconnect the Generation System as reasonably necessary in the event of termination of this Agreement, non-compliance by the Customer with the terms of this Agreement, system emergency, imminent danger to the public or Public Service personnel, and routine maintenance, repairs, and modifications to the Public Service system. When reasonably possible, Public Service shall provide prior notice to the Customer explaining the reason for the disconnection. If prior notice is not reasonably possible, Public Service shall, after the fact, provide information to the Customer as to why the disconnection was required. Public Service shall have no liability for any loss of sales or other damages, including any consequential damages for the loss of business opportunity, profits, or other losses, regardless of whether such damages were foreseeable, for the disconnection of the Generation System in accordance with this Agreement. Public Service shall expend reasonable effort to reconnect the Generation System in a timely manner and to work towards mitigating damages and losses to the Customer where reasonably possible. Page 3 of 11 21-02-503 SRC Generator Interconnection Agreement Colorado H) Modifications to the Generation System: The Customer shall notify the Public Service Operator, in writing, of plans for any modifications to the Generation System interconnection equipment, including all information needed by Public Service, as part of the review described in this paragraph, at least twenty (20) business days prior to undertaking such modification(s). Modifications to any of the interconnection equipment, including all interconnection required protective systems, the generation control systems, the transfer switches/ breakers, interconnection protection VT's & CT's, and Generation System capacity, shall be included in the notification to Public Service. The Customer agrees not to commence installation of any modifications to the Generating System until Public Service has approved the modification, in writing, which approval shall not be unreasonably withheld. Public Service shall have a minimum of five (5) business days to review and respond to the planned modification. Public Service shall not take longer then a maximum of ten (10) business days to review and respond to the modification after the receipt of the information required to review the modifications. A major upgrade or expansion of the Generation System does not qualify for this provision. Such changes shall be reviewed through a formal interconnection application. I) Any modification to the generation system that causes the system to operate contrary to the provisions of Public Service's tariffs and/or this Agreement shall be considered a material breach of this Agreement. For purposes of this Section modifications include but are not limited to: operating at a power factor other than specified; introduction in any manner of non -eligible energy resources to a net metered installation; connecting additional generation without notification to Company; or, other operating modes disallowed under the tariffs pursuant to which operation has been authorized. In such event, Public Service shall notify the Customer of the system's non-compliance with Public Service's tariffs or this Agreement and Customer shall have twenty (20) days from the date of such notice to either remedy the non -compliant operation or cease operation. If Customer fails to either remedy the non- compliant operation or cease operation within twenty (20) days of the date of the notice, Public Service may terminate this Agreement after ten (10) days written notice to Customer. J) Permits and Approvals: The Customer shall obtain all applicable environmental and other applicable permits from governmental authorities as required by law prior to the construction of the Generation System. The Customer shall maintain all such applicable permits, as necessary, and comply with these permits during the term of this Agreement. IX. Limitation of liability A) Each Party shall at all times indemnify, defend, and save the other Party harmless from any and all damages, losses, claims, including claims and actions relating to injury or death of any person or damage to property, costs and expenses, reasonable attorneys' fees and court costs, arising out of or resulting from the Party's performance of its obligations under this agreement, except to the extent that such damages, losses or claims were caused by the negligence or intentional acts of the other Party. B) Any liability of either Party to the other for failure to perform its obligations under this Agreement shall be limited to the amount of direct damage actually incurred. In no event shall either Party be liable to the other Party for any punitive, incidental, indirect, special, or consequential damages of any kind whatsoever, including for loss of business opportunity or profits, regardless of whether such damages were foreseen. C) Notwithstanding any other provision in this Agreement, with respect to Public Service's provision of electric service to any customer including the Customer, Public Service's liability to such customer shall be limited as set forth in Public Service's tariffs and terms and conditions for electric service, and shall not be modified or in any manner affected by the terms of this Agreement. X. Dispute resolution A) Each Party agrees to attempt to resolve all disputes arising hereunder promptly, equitably, and in a good faith manner. B) In the event a dispute arises under this Agreement, and if the Parties cannot resolve it within five (5) days after written notice of the dispute to the other Party, the Parties may mutually agree to submit the dispute to mediation by a mutually acceptable mediator or dispute resolution service, in a mutually convenient location in the State of Colorado. Each Party will be responsible for one-half of the cost paid to neutral third -parties. C) The Parties agree to participate in good faith in the mediation or resolution process. If the Parties are not successful in resolving their dispute through mediation or the dispute resolution process, then the Parties may refer the dispute for resolution to the Commission, which shall maintain continuing jurisdiction over this Agreement. XI. Insurance A) At a minimum, in connection with the Customer's performance of its duties and obligations under this Agreement, the Customer shall maintain, during the term of the Agreement, general liability insurance with a combined single limit of not less than 1) Two million dollars ($2,000,000) or greater, as mutually agreed to by the Parties, for each occurrence if the Gross AC Nameplate Rating of the Generation System is greater than 2 MW. 2) Two million dollars ($2,000,000) for each occurrence if the Gross AC Nameplate Rating of the Generation System is greater than 500 kW and up to and including 2 MW. 3) One million dollars ($1,000,000) for each occurrence if the Gross AC Nameplate Rating of the Generation System is greater than 10 kW and up to and including 500 kW. 4) Three hundred thousand dollars ($300,000) for each occurrence if the Gross AC Nameplate Rating of the Generation System is 10 kW or less. 5) Such general liability insurance shall include coverage against claims for damages resulting from (I) bodily injury, including wrongful death; and (ii) property damage arising out of the Customer's ownership and/or operating of the Generation System under this Agreement. B) The general liability insurance required by Section XI.A shall, by endorsement to the policy or policies: (a) include Public Service as an additional insured; (b) provide that Public Service shall not by reason of its inclusion as an additional insured incur liability to the insurance carrier for the payment of premium for such insurance; and (c) provide for thirty (30) calendar days' written notice to Public Service prior to cancellation, termination, alteration, or material change of such insurance. C) Evidence of the insurance required in Section XI.A shall state that coverage provided is primary and is not excess to or contributing with any insurance or self-insurance maintained by Public Service. D) If the Customer is self -insured with an established record of self-insurance, the Customer may comply with the following in lieu of Section XI.A — C: 1) Customer shall provide to Public Service, at least thirty (30) days prior to the date of initial operation, evidence of an acceptable plan to self -insure to a level of coverage equivalent to that required under section XI.A. 2) If Customer ceases to self -insure to the level required hereunder, or if the Customer is unable to provide continuing evidence of its ability to self - insure, the Customer agrees to immediately obtain the coverage required under Section XI.A. E) The Customer shall provide Public Service a certificate of insurance evidencing the requisite coverage and provisions prior to the interconnection of the Generation System. After interconnection, Public Service may periodically request proof of current insurance coverage in order to verify compliance with the requirements of this Section Xl. Upon receipt of any such Page 4 of 11 21-02-503 SRC Generator Interconnection Agreement Colorado request, the Customer shall provide a certificate of insurance evidencing the requisite coverage and provisions. Failure of the Customer to provide timely evidence of proper insurance may result in disconnection of the Generation System pursuant to Section VIII.F. F) Failure of the Customer or Public Service to enforce the minimum levels of insurance does not relieve the Customer from maintaining such levels of insurance or relieve the Customer of any liability. G) All insurance certificates, statements of self-insurance, endorsements, cancellations, terminations, alterations, and material changes of such insurance shall be issued and submitted to Public Service Company. Applications that are submitted via an on-line submittal process such the Solar*Rewards® shall provide the insurance submittal as part of the on-line submittal. All other applications shall submit the insurance documentation to: Public Service, Manager Area Engineering, 1123 W. 3rd Avenue, Denver, CO 80223 XII. Miscellaneous A) Force Majeure 1) An event of Force Majeure means any act of God, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any curtailment, order, regulation, or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond a Party's control. An event of Force Majeure does not include an act of negligence or intentional wrongdoing. 2) Neither Party will be considered in default of any obligation hereunder if such Party is prevented from fulfilling the obligation due to an event of Force FVajeure. However, a Party whose performance under this Agreement is hindered by an event of Force Majeure shall make all reasonable efforts to perform its obligations hereunder. B) Notices 1) Any written notice, demand, or request required or authorized in connection with this Agreement ("Notice") shall be deemed properly given if delivered in person or sent by first class mail, postage prepaid, to the person specified below: a) If to Public Service: Public Service, Manager Area Engineering, 1123 W. 3rd Avenue, Denver, CO 80223 b) If to Customer: 4845 Pearl East Cir Suite 118 #53242, Boulder, CO 80301 2) A Party may change its address for notices at any time by providing the other Party written notice of the change, in accordance with this Section. 3) The Parties may also designate operating representatives to conduct the daily communications that may be necessary or convenient for the administration of this Agreement. Such designations, including names, addresses, and phone numbers may be communicated or revised by one Party's notice to the other Party. C) Assignment All of the terms, covenants, representations, warranties, and conditions of this Agreement shall be binding upon, and inure to the benefit of and be enforceable by, the Parties hereto and their respective successors, but neither this Agreement nor the rights and obligations of the Customer may be assigned except as provided for in this Section XII.C. In the event the Customer sells, conveys or otherwise transfers ownership or operational control of the Generation System to another entity ("New Owner"), this Agreement may be transferred to such New Owner upon receipt by Public Service of a written document, in a form satisfactory to Public Service, indicating the New Owner's agreement to comply with all of the terms of this Agreement. The Customer shall not otherwise assign its rights nor delegate its duties under this Agreement without Public Service's written consent, which shall not be unreasonably withheld. Any assignment or delegation the Customer makes without Public Service's written consent shall not be valid. D) Non -waiver None of the provisions of this Agreement shall be considered waived by a Party unless such waiver is given in writing. The failure of a Party to insist in any one or more instances upon strict performance of any of the provisions of this Agreement or to take advantage of any of its rights hereunder shall not be construed as a waiver of any such provisions or the relinquishment of any such rights for the future, but the same shall continue and remain in full force and effect. E) Governing law and inclusion of Public Service's tariffs and rules 1) This Agreement shall be interpreted, governed, and construed under the laws of the State of Colorado as if executed and to be performed wholly within the State of Colorado without giving effect to choice of law provisions that might apply to the law of a different jurisdiction. 2) The provisions of this Agreement shall at all times be subject to the applicable terms and conditions set forth in the Electric Tariffs pertaining to the electric service provided by Public Service, which are hereby incorporated into this Agreement by this reference. 3) Notwithstanding any other provisions of this Agreement, Public Service shall have the right to unilaterally file with the Commission, pursuant to the Commission's rules and regulations, an application for change in rates, charges, classification, service, tariff, or rule or any agreement relating thereto. F) Amendment and modification This Agreement will not be amended, modified or supplemented except by a written instrument signed by an authorized representative of each of the Parties hereto. G) Entire agreement This Agreement, including all attachments, exhibits, and appendices, constitutes the entire Agreement between the Parties with regard to the interconnection of the Generation System of the Parties at the Point(s) of Common Coupling expressly provided for in this Agreement and supersedes all prior agreements or understandings, whether verbal or written. It is expressly acknowledged that the Parties may have other agreements covering other services not expressly provided for herein, which agreements are unaffected by this Agreement. Each Party also represents that in entering into this Agreement, it has not relied on the promise, inducement, representation, warranty, agreement, or other statement not set forth in this Agreement or in the incorporated attachments, exhibits, and appendices. This Agreement may be executed in two or more counterparts, each of which is deemed original but all constitute one and the same instrument. The Parties agree that a facsimile copy of a signature will be deemed original and binding. H) Confidential information (1) Confidential information shall mean any confidential and/or proprietary information provided by one Party to the other Party that is clearly marked or otherwise designated "Confidential." All design, operating specifications, and metering data provided by the Interconnection Customer shall be deemed confidential information regardless of whether it is clearly marked or otherwise designated as such. (2) Confidential Information does not include information previously in the public domain, required to be publicly submitted or divulged by Governmental Authorities (after notice to the other Party and after exhausting any opportunity to oppose such publication or release), or necessary to be divulged in an action to enforce an agreement between Page 5 of 11 21-02-503 SRC Generator Interconnection Agreement Colorado the Parties. Each Party receiving Confidential Information shall hold such information in confidence and shall not disclose it to any third party nor to the public without the prior written authorization from the Party providing that information, except to fulfill obligations under agreements between the Parties, or to fulfill legal or regulatory requirements. A. Each Party shall employ at least the same standard of care to protect Confidential Information obtained from the other Party as it employs to protect its own Confidential Information. B. Each Party is entitled to equitable relief, by injunction or otherwise, to enforce its rights under this provision to prevent the release of Confidential Information without bond or proof of damages, and may seek other remedies available at law or in equity for breach of this provision. (3) Notwithstanding anything in this article to the contrary, if the Commission, during the course of an investigation or otherwise, requests information from one of the Parties that is otherwise required to be maintained in confidence, the Party shall provide the requested information to the Commission, within the time provided for in the request for information. In providing the information to the Commission, the Party may request that the information be treated as confidential and non-public by the Commission and that the information be withheld from public disclosure. Parties are prohibited from notifying the other Party prior to the release of the Confidential Information to the Commission. The Party shall notify the other Party when it is notified by the Commission that a request to release Confidential Information has been received by the Commission, at which time either of the Parties may respond before such information would be made public. Customer: By: Name: Zachary Brammer Title: Authorized Signatory I) No warranties By undertaking the performance of any of its responsibilities under the terms of this Agreement, including, without limitation, any inspection, acceptance or non -rejection, Public Service does not give and hereby disclaims any warranty, expressed or implied, as to the adequacy, safety, or other characteristics of any structures, equipment, wires, appliances, or devices owned, installed, or maintained by the Customer or leased by the Customer from third parties, including without limitation the Generation System and any structures, equipment, wires, appliances, or devices appurtenant thereto. J) No partnership This Agreement shall not be interpreted or construed to create an association, joint venture, agency relationship, or partnership between the Parties or to impose any partnership obligation or partnership liability upon either Party. Neither Party shall have any right, power, or authority to enter into any agreement or undertaking for, or act on behalf of, or to act as or be an agent or representative of, or to otherwise bind, the other Party. IN WITNESS WHEREOF, the Parties hereto have caused three originals of this Agreement to be executed by their duly authorized representatives. This Agreement is effective as of the last date set forth below. Date: 08/19/2022 Public Service Company of Colorado h Digitallyby By. • _ signed Name: Beth Chacon Elizabeth J Chacon Title: Director, Grid Strategy Integration and Innovation J Chacon Date: 2022.00.23 Date: 134912 -06100' Page 6 of 11 21-02-503 FOR COMMERCIAL OR INDUSTRIAL BUILDINGS, PLEASE COMPLETE THE FOLLOWING INFORMATION: Business Name: Address: Business Owner: Home Address: CBEP Solar 8, LLC PO Box 1255 Cloudbreak Energy Partners, LLC PO Box 1255 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 Zachary Brammer TITLE COO PHONE (970) 425-3175 (970) 425-3175 Sterling, CO 80751 (970) 425-3175 Sterling, CO ADDRESS PO Box 1255, Sterling, CO 80751 Rebecca Gallery Partner (970) 573-6440 PO Box 1255, Sterling, CO 80751 James Cleland CEO (970) 425-3175 PO Box 1255, Sterling, CO 80751 Business Hours: 8-5 UTILITY SHUT OFF LOCATIONS: Main Electrical: Gas Shut Off: Depicted on USR Map Days: M -F N/A Exterior Water Shutoff: N/A Interior Water Shutoff: N/A 12/15/21 12 4,1fr' IA CLOUDBREAK CBEP SOLAR 8, LLC PO BOX 1255 STERLING, CO 80751 (970) 425-3175 INFO©CLOD DBREAKEN ERGY.COM DATE: August 8, 2022 PROJECT: Bidding #2 Solar Project SUBJECT: Utility and Other Infrastructure Owners Infrastructure Owner Name Address Gas Well Noble Energy / Chevron 6001 San Ramon, Bollinger Canyon CA 94583 Road Gas Line Noble Energy / Chevron 6001 San Ramon, Bollinger Canyon CA 94583 Road Oil Easement Agreement) & Gas Production (Surface Use Noble Energy / Chevron 6001 San Ramon, Bollinger Canyon CA 94583 Road Overhead Electric Lines Xcel Company Energy of (Public Colorado) Service 414 Minneapolis, Nicollet Mall, MN 401-9, 55401 Plugged Gas Well and Abandoned Noble Energy / Chevron 6001 San Ramon, Bollinger Canyon CA 94583 Road Plugged Gas Well and Abandoned Noble Energy / Chevron 6001 San Ramon, Bollinger Canyon CA 94583 Road Oil Separator Battery and Noble Energy / Chevron 6001 San Ramon, Bollinger Canyon CA 94583 Road Tank Pipeline Easement DCP Midstream LP 6900 Denver E. Layton Ave, Ste. 900 CO 80237 (970) 425-3175 I INFO©CLOUDBREAKENERGY.COM I CLOUDBREAKENERGY.COM Notice of Inquiry Weld County Pre -application Case # PRE22-0186 Date of Inquiry July 26, 2022 Municipality Kersey CPA N ame of Person Inquiring Zach Brammer Property Owner Planner Planner Phone Number P lanner Email Address Legal Description CBEP Solar 2, LLC and CBEP Solar 8, LLC Kim Ogle 970.400.3549 Parcel Number kogle@weldgov.com LOT B REC EXEMPT RECX13-OO6O, PT W2 34-6-65 080334200002 N earest Intersection County Road 43 and County Road 64 Type of Inquiry 4MW Solar Energy Facility The above person met with County Planning staff about developing a parcel of land inside your designated Intergovernmental AgreementlCoordinated Planning Agreement Boundary. County Planner's signature Would you like to pursue annexation of this property? NO Date of Contact Comments: Signature of unicipality Representative Title YES 617 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 R6785207 Parcel 080334200002 Legal Description PT W2 34-6-65 LOT B REC EXEMPT RECX13-0060 Situs Address Account: R6785207 CBEP LAND 2 LLC 4845 PEARL EAST CIR STE 118 #53242 BOULDER, CO 80301-6112 Year 2021 Charges Tax Billed $2,644.36 Payments $2,644.36 Balance $0.00 Grand Total Due as of 08/11/2022 $0.00 Tax Billed at 2021 Rates for Tax Area 0684 - 0684 Authority WELD COUNTY SCHOOL DIST #6 NORTHERN COLORADO WATER (N C WESTERN HILLS FIRE ANS JUNIOR COLLEGE HIGH PLAINS LIBRARY WEST GREELEY CONSERVATION Taxes Billed 2021 Credit Levy Mill Levy 15.0380000* 50.5960000 1 0000000 10 0850000 6 3420000 3.1970000 0.4140000 Amount $458.81 $1,543 69 $30.51 $307 69 $193 49 $97.54 $1263 86 6720000 $2,644.36 Values AG -FLOOD IRRRIGATED LAND AG -WASTE LAND Total Actual Assessed $105,131 $30,490 $66 $20 $105,197 $30,510 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1. -ea tar I Arai nat r rein,-aanrir%s, AtSArta li t% aai![?r 171 MAlrs Inv rACU nn rAcuiCn'C° ruir w Weld County Treasurer's Office 1400 N 17th Avenue PO Box 458 Greeley, CO 80632 Phone: 970-400-3290 Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer are evidence that as of this date, all current and prior year taxes related to this parcel have been pd in full. Signed: Hello