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Home My WebLink About20220334.tiffUSE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE: DATE RECEIVED: AMOUNT $ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: PROPERTY INFORMATION Is the property currently in violation? ❑ No / ❑ Yes Violation Case Number: N/A Parcel Number: 0 8 0 3 - 1 9 - 2 - 0 0 - 0 1 1 Site Address: 0 W County Road 37, Greeley, CO 80631 Legal Description: PT NW4 19-6-65 LOT B REC EXEMPT RECX18-0151 Section: 19, Township 06____ N, Range 65 W Zoning District: AG Acreage: 79_01__— -------- Within subdivision or townsite? ❑ No / ❑ Yes Name: N/A Water (well permit # or water district tap #): N/A Sewer (On -site wastewater treatment system permit # or sewer account #): N/A Floodplain ❑ No / ❑ Yes Geological Hazard ❑ No / ❑ Yes Airport Overlay ❑ No / ❑ Yes PROPERTY OWNER(S) Name: Company: ESTROMINA CO GREELEY LAND, LLC Phone #: 508-460-2068 Email: tf@ecasolar.com Street Address: 282 Moody Street, Suite 202 City/State/Zip Code: Waltham, MA 02453 Name: Company: Phone #: Street Address: City/State/Zip Code: Email: APPLICANT/AUTHORIZED AGENT (Authorization Form must be included if there is an Authorized Agent) Name: Todd Fryatt Company: ECA CO GREELEY Phone #: 508-460-2068 Street Address: 282 Moody Street, Suite 202 City/State/Zip Code Waltham, MA 02453 Email: tf@ecasolar.com 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 9 sign for the corporation. Signature Date Signature Date Todd Fryatt Print Print DEPARTMENT OF PLANNING AND BUILDING * I _ DEPARTMENT OF PUBLIC HEALTH AND ENVIRONNMENT 1555 NORTH 17TH AVENUE GREELEY, CO 80631 AUTHORIZATION FORM FOR BUILDING, PLANNING AND HEALTH DEPARTMENT PERMITS AND SERVICES I, (We), Todd Fr att________________________, give permission to Chris Haas -Core Consultants (Owner — please print) (Applicant/Agent — please print) to apply for any Planning, Building or Health Department permits or services on our behalf, for the property located at (address or parcel number): 0 W County Road 37, Greeley, CO 80631; parcel number 0803-19-2-00-011 Legal Description: PT NW4 19-6-65 Lot B Rec Exempt RecX 18-0151 of Section 19, Township 06 N, Range 65 W Subdivision Name: Property Owners Information: Phone: (617) 750-7159 E-mail: tf(a)ecasolar.com Applicant/Agent Contact Information: Phone: (303) 730-5978 Lot Block E -Mail: chaas(�liveyourcore.com Email correspondence to be sent to: Owner Applicant/Agent Both_ X __ Postal service correspondence to be sent to: (choose only one) Owner Applicant/Agent X Additional Info: fJ Owner Signature:_9/29/2021 Date: Owner Signature: Date: SOLAR February 22, 2021 Michael Hall Weld County Planning and Building Department. 1555 N 17th Ave. Greeley, CO 80631 City, State Zip RE: Use by Special Review Application for the County Road 37 Solar Garden Project, Weld County, Colorado Dear Mr. Hall: ECA Solar d/b/a ECA CO Greeley, LLC (ECA Solar) is applying for a Use by Special Review (USR) Application for the proposed County Road 37 Solar Garden Project (Project). The Project is located within a 79.01 -acre parcel of privately -owned land (Project Area). The Project includes construction of 5 Megawatts (MW) of solar in unincorporated Weld County, Colorado. The location of the Project is shown in Figure 1 (page 2) and is described in Table 1. Table 1: Project Location Location Identifier Project Location Address 0 W County Road 37, Greeley, CO 80631 Legal description PT NW4 19-6-65 LOT B REC EXEMPT RECX18-0151 Section 19 Township 6 Range 65W Approximate Latitude and Longitude Center Point 40.476756, -104.712863; WGS84 Weld County Parcel Number 0803-19-2-00-011 The Weld County Planning and Building Department requested ECA submit a USR Application with the application components outlined in the USR procedural guide checklist during the pre - application meeting for the Project on October 19, 2020 (PRE20-0185). The application components in the USR procedural guide checklist are listed in the table below. Items which are applicable to the Project are submitted with this letter as separate documents in PDF format in the order outlined in Table 2. Page 1 of 6 r 1 ..1 SOLAR Project Area Colorado Vicinity Lucerne USR Application: Letter of Request County Road 37 Solar Garden Project Weld County Colorado ProjectArea CR 37 Solar Garden Project ' Mlles Project Vicinity Map Project #. 20-192 Weld County, Colorado Date 2/162D21 CORE ....._.o..,.», Figure 1: Project Vicinity Page 2 of 6 r 1 ..1 SOLAR Table 2: USR Procedural Guide Application Component and PDF Document Number USR Procedural Guide Application Component Document Number Planning Requirements Checklist Application Form 1 Authorization Form, if applicable 2 Deed identifying the surface estate ownership interest in the property and relevant lease documents. 3 Articles of Organization or Incorporation documents if the owner is a business entity. Include Statement/Delegation of Authority documentation. 4 Trustee documents if the owner is a Trust. Not applicable; owner is not a trust A Certificate of Conveyances (COC) prepared by a Title Company. ECA will close on the purchase of the property Once signed, the COC expires within 30 days. upon approval of the USR and approval of the interconnection with Xcel Energy, Inc. ECA will provide the COC within 90 days of closing on the property. A signed Statement of Taxes from the County Treasurer showing no delinquent property taxes for subject property. The Statement shall be from the current tax year. 5 Completed Planning Questionnaire. 6 Draft USR map. (See attached for map requirements.) 7 Lighting Plan following the standards set forth in Chapter 23, Article II, Division 4 and the Dark Sky Policy, if applicable. 8 Sign Plan detailing type, size and number of proposed signs with images following the standards set forth in Chapter 23, Article IV, Division 2 and Appendices 23-C through E, if applicable. 9 Landscape and Screening Plan detailing the existing and proposed landscaping, property maintenance, installation schedule, irrigation method, security and/or privacy fencing, trash enclosure, portable toilet screening, etc. if applicable. 10 Soil Report of the site prepared by the Natural Resource Conservation Service or a soils engineer. 11 Communication or Decommissioning Plan, if applicable. 12 USR Application: Letter of Request County Road 37 Solar Garden Project Weld County Colorado Page 3 of 6 r 1 ..1 SOLAR USR Application: Letter of Request County Road 37 Solar Garden Project Weld County Colorado USR Procedural Guide Application Component Document Number Emergency Contact Form. (See attached). 13 Notice of Inquiry (NOI) Form from a municipality or municipalities if the site is located within an Intergovernmental Agreement (IGA) boundary or a Coordinated Planning Agreement (CPA) boundary, if Not applicable; Project is not located within an applicable. IGA or CPA boundary. Buffer Report, signed, of the names, addresses and parcel numbers of the surrounding property owners within 500 feet of the property. Once signed, the buffer report expires within 30 days. 14 Community meeting sign -in sheet, minutes, and summary (optional). Not applicable The names and addresses of any owner, operator of any oil and gas facilities, irrigation ditches/laterals, pipelines, overhead lines, railroad, etc. on the property, if applicable. 15 A copy of any Surface Use Agreement with mineral owners associated with the subject property, stipulating that the oil and gas activities on the subject property have been adequately incorporated into the design of the site in accordance with Section 23-2-160.Z. 16 Application fee. A 50% investigation fee is required if this is application ECA will provide application fee upon is in response to a violation, determination of completeness. The application is not in response to a violation. Public Works Requirements Checklist Completed Public Works Questionnaire. (See attached). 17 A Preliminary Drainage Report or Drainage Narrative. (See attached drainage requirements). 18 A Traffic Impact Study (or Traffic Narrative). (See attached traffic requirements). 19 MS4 Requirements, if applicable. (A Preliminary drainage report providing water quality will be required for the completeness review if Not applicable; Project is not located within an the project site falls within an MS4 area.) MS4 area ENVIRONMENTAL HEALTH REQUIREMENTS CHECKLIST Completed Environmental Health Questionnaire. 20 Water Supply Documentation. Example: A letter or bill from a water district or municipality, or a well permit or permit application from the 21 Page 4 of 6 r 1 ..1 SOLAR USR Application: Letter of Request County Road 37 Solar Garden Project Weld County Colorado USR Procedural Guide Application Component Document Number State Division of Water Resources. Provide a statement if upgrading the water source from agricultural or residential usage to commercial or industrial. Sewage Disposal Documentation. Example: An On -site wastewater Not applicable; sewage disposal is not required; treatment system permit or application or bill from a sanitary sewer temporary portable facilities will be used for district, construction only Noise Study including a noise abatement plan documenting the methods to be utilized to meet the applicable noise standard, as determined by Environmental Health. 22 Waste Handling Plan, as determined by Environmental Health. Not applicable; temporary waste handling during construction only Dust Abatement Plan, as determined by Environmental Health. 23 Engineering, Design and Operations Plan, as determined by Refer to Document Number 23 for information Environmental Health. regarding maintenance during operations. Nuisance Abatement Plan (pest, manure, etc.), as determined by Not applicable; no animals are associated with Environmental Health. the Project operations. USE BY SPECIAL REVIEW USR - SOLAR SUPPLEMENTAL REQUIREMENTS In addition to the standard USR map requirements, show the 30 -foot solar facility setback from the property line, irrigation ditches and rights -of -way per Section 23-4-1030.G of the Weld County Code. See USR Map (Sheet #4) Reasonable alternative analysis per Section 23-4-1030.D of the Weld County Code. 24 Irrigation mitigation statement per Section 23-4-1030.E of the Weld County Code. 25 Decommissioning Plan per Section 23-4-1030.B of the Weld County Code. See Document Number 12 Landscaping and Screening Plan per Section 23-4-1030.C of the Weld County Code. See Document Number 10 Property Maintenance Plan per Section 23-4-1030.H of the Weld County Code. 26 Additional Items Biological Resource Inventory 27 - Please provide to Colorado Parks and Wildlife as part of the referral package (CPW) Page 5 of 6 USR Application: Letter of Request SOLAR County Road 37 Solar Garden Project Weld County Colorado ECA Solar respectfully requests your review of this application. We look forward to hearing from you. Please contact Vincent Moschella (vm@ecasolar.com; (508)245-5691) and Martha Diezemann (md@ecasolar.com; (203) 733-6783) in regard to this application. Sincerely, ECA olar Vincent Moschella Director of Development Page 6 of 6 Document must be filed electronically. Paper documents are not accepted. Fees & forms are subject to change. For more information or to print copies of filed documents, visit www.sos.state.co.us. Colorado Secretary of State Date and Time: 10/16/2020 12:16 PM ID Number: 20201890789 Document number: 20201890789 Amount Paid: $50.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to § 7-90-301 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.) 1. The domestic entity name of the limited liability company is ECA CO GREELEY, LLC (The name of a limited liability company must contain the term or abbreviation "limited liability company", "ltd. liability company", "limited liability co. ", "ltd. liability co. ", "limited", "1.1.c. ", "7lc", or "ltd. ". See §7-90-601, C.R.S.) (Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information) 2. The principal office address of the limited liability company's initial principal office is Street address 282 Moody St. (Street number and name) 202 WALTHAM MA 02453 (City) (State) (ZIP/Postal Code) United States (Province — if applicable) (Country) Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) (City) (State) (ZIP/Postal Code) (Province — if applicable) (Country) 3. The registered agent name and registered agent address of the limited liability company's initial registered agent are Name (if an individual) (Last) (First) (Middle) (Suffix) or (if an entity) Registered Agents, Inc. (Caution: Do not provide both an individual and an entity name.) Street address 1942 Broadway Street (Street number and name) Suite 314C Mailing address (leave blank if same as street address) Boulder Co 80302 (City) (State) (ZIP Code) (Street number and name or Post Office Box information) ARTORG LLC Page 1 of 3 Rev. 12/01/2012 (city) co (State) (ZIP Code) (The following statement is adopted by marking the box.) © The person appointed as registered agent has consented to being so appointed. 4. The true name and mailing address of the person forming the limited liability company are Name (if an individual) Fryatt Todd (Last) (First) (Middle) or (if an entity) (Caution: Do not provide both an individual and an entity name.) Mailing address 282 Moody St. (Street number and name or Post Office Box information) 202 WALTHAM (city) MA (Province — if applicable) MA 02453 (State) (ZIP/Postal Code) United States (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) ❑ The limited liability company has one or more additional persons forming the limited liability company and the name and mailing address of each such person are stated in an attachment. 5. The management of the limited liability company is vested in (Mark the applicable box.) X❑ one or more managers. or ❑ the members. 6. (The following statement is adopted by marking the box.) X❑ There is at least one member of the limited liability company. 7. (If the following statement applies, adopt the statement by marking the box and include an attachment.) ❑ This document contains additional information as provided by law. 8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format.) The delayed effective date and, if applicable, time of this document is/are (Suffix) (mm/ddlyyyy hour: minute am/pm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. ARTORG LLC Page 2 of 3 Rev. 12/01/2012 This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 9. The true name and mailing address of the individual causing the document to be delivered for filing are Fryatt Todd (Last) (First) (Middle) (Suffix) 282 Moody St. (Street number and name or Post Office Box information) 202 WALTHAM (City) MA 02453 (State) (ZIP/Postal Code) United States . (Province — if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) ❑ This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). ARTORG LLC Page 3 of 3 Rev. 12/01/2012 Limited Liability Company Operating Agreement Of Estromina CO Greeley Land LLC This Limited Liability Company Agreement (this "Agreement") of Estromina CO Greeley Land LLC, a Colorado limited liability company (the "Company") is entered into as of March 17, 2021. WHEREAS, the Certificate of Organization of the Company was filed with the Secretary of State of State of Colorado on March 17, 2021 (the "Certificate of Organization"); and WHEREAS, the Members wish to ratify the formation of the Company and continue the business of the Company on the terms set forth herein; NOW THEREFORE, in consideration of the premises, the covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Members agree and state as follows: Section 1. Definitions. Terms defined in the Act shall, unless otherwise provided below, shall have the meanings set forth in the Act. When used in this Agreement the following terms shall have the meanings set forth beside them below, unless the context clearly indicates that a different meaning is intended. "Act" means the Colorado Limited Liability Company Act, as amended from time to time. "Agreement" has the meaning provided in the recitals. "Assign" means to sell, transfer, assign, pledge, gift, encumber, hypothecate, suffer any encumbrance or otherwise dispose of, whether voluntarily, involuntarily or by operation of law (the doing of any of the foregoing, to "Assign" or make an "Assignment"). "Capital Account" means the account maintained and adjusted for each Member in accordance with Section 5(c) of this Agreement. "Capital Contribution" means the amount of cash or the fair market value of property or services contributed to the Company by each Member as the consideration for such Member's interest in the Company pursuant to Section 5. "Code" means the Internal Revenue Code of 1986, as in effect and hereafter amended, and, unless the context requires otherwise, applicable regulations thereunder. Any reference herein to a specific section or sections of the Code shall be deemed to include a reference to any corresponding provision of future law. "Certificate of Organization" has the meaning provided in the recitals. "Company" has the meaning provided in the recitals. "Major Decisions" means: HIGHLY CONFIDENTIAL ESTROMINA CO GREELEY LAND LLC (i) any reorganization or restructuring of the Company or any conversion of the Company from a limited liability company to any other form of organization; (ii) any change in the name of the Company; (iii) dissolution of the Company; (iv) incurring Company debt; (v) commencing of any case or proceeding by the Company with respect to any assets of the Company under any bankruptcy, reorganization, debt arrangement, insolvency or receivership law, or acquiescing in any case or proceeding against the Company under any bankruptcy, reorganization, debt arrangement, insolvency or receivership law; (vi) admission of a new Member; (vii) sale of Company assets; (viii) removal or change of Manager; and (ix) making capital expenditure exceeding $500,000. "Manager" has the meaning set forth at Section 7. "Managing Member" means Todd Fryatt, an individual. "Member" means those persons who have executed this Agreement as a Member and are listed on Exhibit A attached hereto. A Member shall cease to be a Member and to have the power to exercise any rights or powers of a Member on transfer of all of the Member's Membership Interest. "Member Meeting" has the meaning set forth at Section 7A. "Membership Interest" means the interest of a Member in the Company (which shall be considered personal property for all purposes), consisting of (i) such Member's right to distributions or allocations of taxable income and loss, (ii) such Member's right to participate in the management of the Company, (iii) such Member's right to grant or withhold consents as provided in this Agreement or in the Act; and (iv) such Member's other rights and duties with respect to the Company, as provided herein and in the Act. "Net Present Value" shall have the meaning described below in the Member section. "Net Profit or Loss" shall mean, respectively, the net profit or net loss of the Company for a fiscal period, as determined by the Company's accountants by the method used for federal income tax purposes. "Percentage Interest" means, with respect to any Member, the amount as of the date of determination (expressed as a percentage) of Membership Interests owned by such Member relative to the amount of Membership Interests outstanding as of such date. A Member's Percentage Interest shall be listed on Exhibit A attached hereto. 2 HIGHLY CONFIDENTIAL ESTROMINA CO GREELEY LAND LLC "Person" means any individual, general partnership, limited partnership, limited liability company, corporation, joint venture, trust, business trust, cooperative or association, and the heirs, executors, administrators, legal representatives, successors and assigns of the "Person" when the context so permits. "Project" means the purchase and continuing ownership and management of a parcel of land located in Greeley, Colorado, with an address of 0 W County Road 37, Greeley CO 80631. Section 2. Basics. (a) Ratification of Formation. The Members hereby ratify the formation of the Company and the filing of the Certificate of Organization with the State of Colorado. (b) Name. The name of the Company as of the date hereof is ESTROMINA CO GREELEY LAND LLC. (c) Place of Business. The principal place of business of the Company as of the date hereof is 282 Moody Street, Suite 202, Waltham, MA, 02453 c/o Todd Fryatt. (d) Registered Office and Agent. _ The address of the registered office of the Company required to be maintained shall be 1942 Broadway, St., Suite 314C, Boulder, CO. Registered Agents, Inc. is the resident agent. (e) Fiscal Year. The fiscal year of the Company shall end on December 31 of each year. (f) Partnership Election. The Company shall make all elections necessary to be treated as a partnership for federal income tax purposes. (g) Tax Matters Partner. The Managing Member shall be the Tax Matters Partner of the Company in accordance with the Code. The Tax Matters Partner is designated to make any Company election permitted under the Code, including, without limitation, an election under Section 754 of the Code. (h) Term. The Company shall have perpetual existence unless sooner terminated in accordance with this Agreement. (i) Additional Documents. The Managing Member shall cause to be filed such certificates and documents as may be necessary or appropriate to comply with the Act and any other applicable requirements for the operation of a limited liability company in accordance with the laws of the State of Colorado and any other jurisdictions in which the Company may conduct business, and shall continue to do so for so long as the Company conducts business therein. (j) No Seal. The Company shall not have a company seal. (k) Title to Company Property. All property owned by the Company, whether real or personal, tangible or intangible, shall be deemed to be owned by the Company as an entity, and no Member, individually, shall have any ownership of such property. The Company may hold any of its assets in its own name or in the name of its nominee, which nominee may be one or more individuals, partnerships, trusts or other entities. HIGHLY CONFIDENTIAL ESTROMINA CO GREELEY LAND LLC Section 3. Purposes and Powers (a) Purposes. The Company shall engage in the development, financing, ownership, operation, and lease of land, and to engage in such activities as are contemplated by this Agreement or incidental to the foregoing, and, with the written consent of all the Members, may also engage in any other lawful business, purpose or activity except as provided in the Act. (b) Powers. The Company shall have and may exercise all powers and privileges granted by the Act or any other applicable law, together with any powers incidental thereto, including such powers and privileges as are necessary or convenient to the conduct, promotion or attainment of any business, purpose or activity undertaken by the Company. Section 4. Members and Percentage Interests. (a) The Members of the Company and their interests in the Company are set out in Schedule A attached hereto. (b) The Membership Interests of the Members are personal property and all other assets of the Company. Section 5. Capital Contributions. (a) Capital Contribution. Any future Capital Contributions to the Company shall be set forth in Schedule B hereto. (b) Other Capital Contributions. Other members may make contributions to the capital of the Company from time to time. (c) Capital Accounts. A capital account may be established and maintained for the Members in the books and records of the Company in accordance with Section 704 of the Code. (d) No Interest on Capital Contributions. The Members shall not be entitled to receive any interest on the Members' capital contributions or outstanding Capital Account balance. (e) No Right to Return of Capital. The Members shall have no right to withdraw or receive a return of any capital contribution except to the extent distributions by the Company as provided in Section 9 hereof are determined to be a return of capital or except upon the dissolution and winding up of the Company pursuant to this Agreement or the Act. (f) Negative Capital Accounts. The Members shall not have any obligation to restore any negative balance in their Capital Accounts. Section 6. Liabilities of Members. (a) Liability for Capital Contributions. The Members (i) shall be liable for payment of their contributions to the Company in accordance with Section 5 of this Agreement, and (ii) to the extent, if any, provided under applicable law, may be liable to the Company to the extent of previous distributions made to them in the event that the Company does not have sufficient assets to discharge its liabilities. (b) No Liability for Obligations of Company. In furtherance and not in limitation of Section 6(a), the debts, obligations and liabilities of the Company, whether arising in contract, tort or otherwise, ri HIGHLY CONFIDENTIAL ESTROMINA CO GREELEY LAND LLC shall be solely the debts, obligations and liabilities of the Company, and the Members, whether through being a member of the Company or participating in the management of the Company, shall not be obligated personally for any debt, obligation or liability of the Company. Section 7. Management of the Company. (a) Management. Except for Major Decisions, which require the written approval of all of the Members, including the Managing Member, the business and affairs of the Company shall be performed by the Manager, Todd Fryatt, who shall have the exclusive right and full authority to manage, conduct and operate the business of the Company, subject to the terms of this Agreement. (b) Any person dealing with the LLC may rely (without duty of further inquiry) upon a certificate signed by the Members as to the identity and authority of any Member, Manager or other person to act on behalf of the LLC or any Member. Manager. (i) Tenure and Qualifications. The Manager shall hold office until he dies, resigns, is removed or becomes disqualified. ii) Resignation, Removal and Vacancies. Any Manager may resign by giving written notice of his resignation to the Members and such resignation shall become effective at the time specified therein. Any Manager may be removed with or without cause by the Managing Member. Any vacancy in the position of Manager shall be filled by unanimous vote of the Members. iii Standard of Care. The Manager shall owe the Company only the duties and obligation of good faith and fair dealing, in a manner they reasonably believe to be in the best interests of the Company, and none in addition thereto, subject to the standards set forth in this Section. No Manager of the Company, in any way, guarantees the return of any Member's Capital Contributions or a profit for the Members from the operations of the Company (c) Major Decisions. Major Decisions must be agreed to by all Members, including the Managing Member. In the event the Members cannot agree on a Major Decision, the Parties may retain a Mediator to resolve the deadlock in a timely and cost-efficient manner, as outlined in Section 15 of this Agreement. (e) Books and Records. The Manager shall keep, or cause to be kept, books and records of the Company in accordance with the Act. Each Member shall have the right to review and obtain copies of, books and records of the Company. (f) Bank Account. The Manager may cause accounts to be maintained in a bank, for which accounts shall be used for the payment of the expenditures incurred by the Company and in which shall be deposited all cash contributions to and all cash receipts of the Company. (g) Efforts: Other Activities. The Manager shall devote such time and effort to the management of the Company as may be reasonably required for the business and activities of the Company. The Members and affiliates of the Members may engage in and possess interests in other business ventures and investment opportunities of every kind and description, independently or with others, including serving as directors, officers, stockholders, managers, members and general or limited partners of corporations, partnerships, limited liability companies, or other organizations, with purposes similar to or the same as those of the Company. The Company shall not have any rights in or to such ventures or opportunities, or the income or profits therefrom. HIGHLY CONFIDENTIAL ESTROMINA CO GREELEY LAND LLC (h) Indemnification. (i) To the fullest extent permitted under laws of the State of Colorado, the Company shall indemnify, hold harmless any Person made or threatened to be made a party to any action, suit or proceeding, whether civil, criminal, administrative or investigative (other than one initiated by the Company), by reason of the fact that such Person is or was a Member or Managing Member, or Manager of the Company or serves or served at the request of the Company as member, manager, partner, director, officer, employee or agent of any other enterprise (each in their capacity as such, an "Indemnified Person"), except that no Indemnified Person shall be entitled to be indemnified in respect of any loss, damage or claim incurred by such Indemnified Person by reason of (i) gross negligence, willful misconduct, or fraud. Expenses incurred by any such Indemnified Person in defending any such action, suit or proceeding shall be paid or reimbursed by the Company promptly upon receipt by it of an undertaking of such Indemnified Person to repay such expenses if it shall ultimately be determined that such Indemnified Person is not entitled to be indemnified by the Company, which undertaking shall not be conditioned upon the financial ability of the Indemnified Person to make repayment. The rights provided to any Indemnified Person by this Section shall be enforceable against the Company by such Indemnified Person who shall be presumed to have relied upon it in serving or continuing to serve as a Member, Managing Member, manager, partner, director, officer, employee or agent as provided above. No amendment of this Section shall impair the rights of any Indemnified Person arising at any time with respect to events occurring prior to such amendment. (ii) Settlement. The Company will have no obligation to indemnify the Indemnified Person under this Section for any amounts paid in settlement of any proceeding effected without the Company's prior written consent. The Company will not unreasonably withhold or delay its consent to any proposed settlement. The Company may consent to a settlement subject to the requirement that a determination thereafter will be made as to whether the Proceeding involved an excluded claim or not. (iii) Rights Not Exclusive. The rights provided hereunder will not be deemed exclusive of any other rights to which the Indemnified Person may be entitled under the Act, any agreement, vote of Members or of the disinterested Manager or otherwise, both as to action in the Indemnified Person's official capacity and as to action in any other capacity while holding such position or office, and shall continue after the Indemnified Person ceases to serve the Company in an official capacity. (iv) Survival. Notwithstanding anything to the contrary contained in this Agreement, the provisions of this Section 7(h) shall survive (i) the termination of a Person's service as an officer or Managing Member of the Company; (ii) the transfer of a Member's Membership Interests, whether voluntary or involuntary; and (iii) the termination of this Agreement or the dissolution of the Company. (vi) Insurance. The Company may purchase and maintain insurance to indemnify it against the whole or any portion of the liability assumed by it in accordance with this Section 7(h). Section 7A. Meetings. (a) The Managing Member shall call a meeting of the Members at such times as are appropriate in the conduct of the Company's business to discuss, among other things, the construction, development, operations, and prospects of the Project (the "Members Meetings"). Prior to commencement of the Project, it is anticipated, but not required, that the Members Meetings shall occur approximately once every three months. The Manager nor the Company shall not approve a Major Decision or an annual budget and operating plan for the Company without first, in the case of the budget and operating plan, submitting a proposed plan and budget to the Members and having the Members review such plan and budget, or discuss 31 HIGHLY CONFIDENTIAL ESTROMINA CO GREELEY LAND LLC the proposed Major Decision, at a Members Meeting. Following the first year after the Project commences, it is anticipated, but not required, that Members Meetings will occur approximately once each calendar quarter or bi-annually. The Manager will set the agenda for the meeting (which shall include all Major Decisions that are under consideration), although any Member may contribute relevant agenda items for consideration. The Manager shall provide at least two days advance written notice (which includes email) of each Members Meeting. All Members Meetings will be held at the principal offices of the Managing Member or Members unless otherwise stated by the Managing Member in the meeting notice. A duly authorized representative of each Member and the Managing Member shall attend the Members Meetings. In addition any Member may call a Members Meeting (i) in the event that the Managing Member does not call a Members Meeting for any month, in the case of the construction Phase, or a quarter, following the construction Phase and (ii) once per each calendar quarter. Section 8. Loans by Members. The Members may, but shall not be obligated to, loan funds to the Company, the proceeds of which shall be deposited in the Company's bank account and used by the Company to meet any obligations or to fund activities of the Company. Unless otherwise agreed, such loans shall be unsecured, shall bear interest, compounded monthly, at a rate of interest equal to Wall Street Journal reported prime rate plus two hundred basis points, with interest payable quarterly and principal payable on demand after one year. Repayment of the loans shall be an obligation of the Company on a par with obligations of the Company to third parties. Any such loans shall be current in payment prior to any distributions being made to the Member. Section 9. Expenses. All reasonable and necessary third party expenses incurred by the Managing Member from the utility, third party engineering expenses and any rent to the landlord and/or owner of the property where the project is located, shall be paid prior to any distributions to the Members. Section 10. Distributions. All distributions shall be made to the Members in accordance with their Percentage Interests. Section 11. Allocation of Profits and Losses. (a) Subject to Sections 11(b), (c) and (d) below, the Net Profit or Loss of the Company shall be allocated in proportion to each Member's Membership Interest. (b) Nonrecourse Deductions. Nonrecourse deductions (within the meaning of Treasury Regulations Section 1.704-2(b)(1)) shall be allocated to the Members in accordance with the Members' Membership Interests in the Company. (c)_ Section 704(b) Regulatory Allocations. The provisions of the Treasury Regulations under Code Section 704(b) relating to qualified income offset, minimum gain chargeback, minimum gain chargeback with respect to partner nonrecourse debt, allocations of nonrecourse deductions, allocations with respect to partner nonrecourse debt, limitations on allocations of losses to cause or increase a Capital Account deficit, and forfeiture allocations with respect to substantially non -vested partnership interests are hereby incorporated by reference and shall be applied to the allocation of income, gain, loss, or deduction in the manner provided in the Treasury Regulations. (d) Income Tax Allocations. (i) Except as otherwise provided below or as otherwise required by the Code or Treasury Regulations, a Member's distributive share of income, gain, loss and deduction for income tax purposes shall be the same as each Member's Membership Interest minus Expenses described in Section 9. A Member's distributive share shall be deemed to consist of a pro rata portion of each item of income, gain, 7 HIGHLY CONFIDENTIAL ESTROMINA CO GREELEY LAND LLC loss, or deduction required to be separately stated under Code Section 702(a). (ii) In accordance with Code Section 704(c) and the Treasury Regulations thereunder, and in such a manner as is determined by the Managing Member, allocations of income, gain, loss, or deduction for income tax purposes shall take into account any variation between the adjusted tax basis of Company property and the book value of such property as determined for purposes of maintaining Capital Accounts. Section 12. Additional Members. Additional members may be admitted to the Company only upon the execution and effectiveness of an amendment to this Agreement and with express written unanimous approval of the Members which specifies the percentage interests, capital contributions, management responsibilities, entitlements to distributions and allocations of profits and losses of the Members and the additional members. Section 13. Resignation. Members may resign as a member of the Company at any time, with or without cause. The resignation shall be effective upon delivery of the notice of resignation. The resignation of a Member shall dissolve the Company if it is then the only Member. Section 14. Dissolution and Winding Up. (a) Events of Dissolution. Except as provided in subsection (b) of this Section 14, the Company shall be dissolved: (i) upon the sale of all or substantially all of the assets of the Company and the distribution or conversion into cash of the sales proceeds; (ii) upon the entry of a decree of judicial dissolution under the Act; or (iii) upon the written consent of all the Members. (b) Dissolution of the Company shall be effective on the day on which the event occurs giving rise to the dissolution, but the Company shall not terminate until the cancellation of the Certificate with the Secretary of State of the State of Colorado and the assets of the Company have been distributed as provided herein. Notwithstanding the dissolution of the Company, prior to the termination of the Company, as aforesaid, the business of the Company and the affairs of the Members, officers and the Managing Member shall continue to be governed by this Agreement. Upon dissolution, the Company's treasurer or, if there is none, a liquidator appointed by the Managing Member, shall liquidate the assets of the Company and apply and distribute the proceeds thereof as contemplated by this Agreement and cause the cancellation of the Company Certificate of Organization. (c) Distributions Upon Liquidation. After payment of liabilities owing to creditors, the treasurer or, if there be none, a liquidator appointed by the Managing Member, shall set up such reserves as the treasurer or such liquidator deems reasonably necessary for any contingent or unforeseen liabilities or obligations of the Company and distribute the remainder. Said reserves maybe paid over by the treasurer or such liquidator to a bank, to be held in escrow for the purpose of paying any such contingent or unforeseen liabilities or obligations and, at the expiration of such period as the Treasurer or such liquidator may deem advisable, such reserves shall be distributed to the Members or their assigns. After reserving such sums as may be required to pay such liabilities and providing for such reserves, and after adjusting the Capital Accounts of the Members for all items of income, gain, loss and deduction, the treasurer or such liquidator shall cause the remaining net assets of the Company to be distributed to and among the Members. HIGHLY CONFIDENTIAL ESTROMINA CO GREELEY LAND LLC Section 15. Dispute Resolution. (a) Negotiation Period. The Members shall negotiate in good faith and attempt to resolve any dispute, controversy or claim arising out of or relating to this Agreement (a "Dispute") within 30 days after the date that a party gives written notice of such Dispute to the other party. (b) Mediation. If, after such negotiation in accordance with Section 15(a), the Dispute remains unresolved, either party may require that a non -binding mediation take place. In such mediation, representatives of the Members with authority to resolve the dispute shall meet for at least three (iii) hours with a mediator whom they choose together. If the Members are unable to agree on a mediator, then either party is hereby empowered to request the American Arbitration Association to appoint a mediator. The mediator's fee and expenses shall be paid one-half by each party. (c) Arbitration. (1) Any Dispute that is not settled to the mutual satisfaction of the parties pursuant to Sections 15(a) or 15(b) shall (except as provided in Section 15(d)) be settled by binding arbitration between the parties conducted in Boston, Massachusetts, or such other location mutually agreeable to the parties, in accordance with the following procedures (unless other procedures are agreed by the parties) and otherwise in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the "AAA") in effect on the date that a party gives notice of its demand for arbitration. (2) The party initiating the Arbitration (the "Submitting Party") shall submit such Dispute to arbitration by providing a written demand for arbitration to the other party (the "Responding Party"), which demand must include statements of the facts and circumstances surrounding the dispute, the legal obligation breached by the other party, the amount in controversy and the requested relief, accompanied by all relevant documents supporting the Demand. (3) The arbitrator(s) selected shall have contract dispute resolution experience and experience in the electric power business and shall not have any current or past substantial business or financial relationships with the parties or their affiliates. Arbitrators must agree to be bound by the confidentiality provisions of this Agreement. If the amount in controversy is less than $2,000,000, the Dispute will be determined by a single neutral arbitrator, who will be chosen by the parties within forty-five (45) days of submission of the demand on the Responding Party. If the parties cannot agree on a single neutral arbitrator within such period, the arbitrator shall be chosen by the AAA. (4) Upon ten (10) days of completion of the hearing conducted by the Arbitrator, each party shall submit to the Arbitrator its proposal for resolution of the dispute. The Panel in its award shall be limited to selecting only one of the two proposals submitted by the parties. The award shall be in writing (stating the amount and reasons therefore) and shall be final and binding upon the parties, and shall be the sole and exclusive remedy between the parties regarding any claims and counterclaims presented to the Panel. The Panel shall be permitted, in its discretion, to add pre - award and post -award interest at commercial rates. Judgment upon any award may be entered in any court having jurisdiction. 9 HIGHLY CONFIDENTIAL ESTROMINA CO GREELEY LAND LLC (5) Unless otherwise ordered by the Panel, each party shall bear its own expenses and one-half of the cost of the Panel. Payments of the Panel's costs shall be made on a monthly basis prior to the Award. (d) Exceptions to Arbitration. The obligation to arbitrate shall not be binding upon any party with respect to (1) requests for preliminary injunctions, temporary restraining orders, specific performance, or other procedures in a court of competent jurisdiction to obtain interim relief deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual Dispute; (2) actions to enforce an award of a Panel or otherwise to collect payments not subject to bona fide dispute; or (3) claims involving third parties who have not agreed to participate in the arbitration of the Dispute. (e) Survival. The provisions of this Section 15 shall survive any termination of this Agreement and shall apply (except as provided herein) to any disputes arising out of this Agreement. Section 16A. Transfers. (i) Any Assignment of a Member's Membership Interest in contravention of any of the terms of this Agreement shall be null and void and ineffective to transfer any Membership Interest in the Company, and shall not bind or be recognized by or on the books of the Company, and any transferee or assignee in such transaction shall not be treated as or be deemed to be a Member for any purpose provided, that, this Section 16A shall not apply to any assignment of a Member's Membership Interest to Northern Bank & Trust Company. (ii) Assignment. No Member may Assign all or any part of his Membership Interest without the written consent of the Managing Member. Without limiting the generality of the preceding sentence, such consent of the Managing Member may be given only if: (a) Such executed documents and instruments of conveyance as may be necessary or desirable in the opinion of counsel to the Company to Assign such Membership Interests and to confirm the agreement of the transferee to be bound by the provisions of this Agreement; (b) An opinion of counsel, satisfactory to counsel to the Company, that such Assignment complies with applicable federal and state securities laws and that the Assign will not cause the Company to terminate for federal income tax purposes; (c) Reimbursement for any costs and expenses incurred in connection with such Assignment including, but not limited to, legal and other costs that the Company incurs (if any) in connection with the admission of the transferee as a Member with respect to the Assigned Membership Interests); (d) The transferee's taxpayer identification number, information to determine the transferee's initial tax basis, and any other information necessary to permit the Company to file all required federal and state information, statements or returns are provided; 10 HIGHLY CONFIDENTIAL ESTROMINA CO GREELEY LAND LLC (e) Such Assignment would not cause or constitute a breach of any agreement then binding upon the Company or of any laws, rules, regulations or orders then applicable to the Company. Section 16. Miscellaneous Provisions. (a) Governing Law. This Agreement shall be governed by the laws of the State of Colorado. (b) Amendment. This Agreement may be amended from time to time by the Managing Member, provided, however, that (i) each Member to be affected must give its written consent to any amendment which would (a) increase the amount of the Capital Contribution payable by such Member, (b) increase the liability of such Member, or (c) cause such Member's share of the Company's assets to be modified unless such modification is in connection with the admission of a new Member or Members and all interests of persons or entities who are Members of the same class immediately prior to such admission are similarly modified; and (ii) the Managing Member is authorized, without the consent of any Member, to make amendments to this Agreement: (a) to preserve the status of the Company as a "partnership" for federal income tax purposes: and (b) to amend the provisions of this Agreement relating to allocations of profits and losses for tax purposes so that such provisions comply with applicable regulations adopted under the Code. Revisions to Schedule A to reflect the admission of additional Members, or the repayment of or the making of additional Capital Contributions shall not be considered an amendment of this agreement for any purpose nor require the approval of any Member. (c) Severability. If any provision hereof is unenforceable or invalid, it shall be given effect to the extent it may be enforceable or valid, and such unenforceability or invalidity shall not affect the enforceability or validity of any other provision of this Agreement. (d) Successors and Assigns. Subject to the restrictions on transfer set forth herein, this Agreement, and each and every provision hereof, shall be binding upon and shall inure to the benefit of the Members, their respective successors, successors -in -title, heirs and assigns, and each and every successor -in - interest to any Member, whether such successor acquires such interest by way of gift, purchase, foreclosure, or by any other method, shall hold such interest subject to all of the terms and provisions of this Agreement. (e) Partition. The Members hereby agree that no Member nor any successor -in -interest to any Member, shall have the right while this Agreement remains in effect to have any property of the Company partitioned, or to file a complaint or institute any proceeding at law or in equity to have any property of the Company partitioned, and each Member, on behalf of himself or itself, his or its successors, representatives, heirs, and assigns, hereby waives any such right. It is the intention of the Members that during the term of this Agreement, the rights of the Members and their successors -in -interest, as among themselves, shall be governed by the terms of this Agreement, and that the right of any Member or successor -in -interest to assign, transfer, sell or otherwise dispose of his interest in the Company's properties shall be subject to the limitations and restrictions of this Agreement. (f) Representations and Warranties of the Members. Each Member hereby represents, warrants and covenants to the other Members that the following are/were true and correct as of the date of admission as a Member of the Company: (i) such Member has/had full power and authority to execute, deliver, and perform this Agreement in accordance with its terms, and this Agreement constitutes the valid and binding obligation of such Member, enforceable against such Member in accordance with its terms; and 11 HIGHLY CONFIDENTIAL ESTROMINA CO GREELEY LAND LLC (ii) no Event of Bankruptcy has occurred with respect to such Member. (g) Exhibits. All Exhibits and Schedules attached hereto are an integral part of this Agreement and are incorporated herein by this reference. (h) Entire Agreement. This Agreement constitutes the full and complete agreement of the parties hereto with respect to the subject matter hereof. (i) Counterparts. This Agreement may be executed in a number of counterparts, all of which together shall for all purposes constitute one Agreement, binding on all the Members notwithstanding that all Members have not signed the same counterpart. (j) Notices. Any and all notices, elections, consents or demands permitted or required to be made or given under this Agreement shall be in writing, signed by the Member or officer giving such notice, election, consent or demand and shall be delivered personally, by facsimile transmission, sent by overnight courier or sent by registered or certified mail, return receipt requested, to each Member, at his or its address set forth on Schedule A, and/or to the officers at the Company's principal executive office. Any and all notices, elections, consents or demands permitted or required to be made or given under this Agreement shall be deemed to have been given if by hand, at the time of the delivery thereof to the receiving party, if made by facsimile transmission, at the time that receipt thereof has been acknowledged by electronic confirmation or otherwise, if sent by overnight courier, on the next business day following the day such notice is delivered to the courier service, or if sent by registered or certified mail, on the third business day following the day such mailing is made. (Signatures are on the next page) 12 HIGHLY CONFIDENTIAL ESTROMINA CO GREELEY LAND LLC IN WITNESS WHEREOF, this Limited Liability Company Operating Agreement of ESTROMINA CO GREELEY LAND LLC is entered into as of the date first set forth above. ESTROMINA CO GREELEY LAND LLC By: Todd Fryatt, its Managing Member Name_ o rJatt Title: Manager 13 HIGHLY CONFIDENTIAL ESTROMINA CO GREELEY LAND LLC Schedule A Members Addresses Membership Interests N Todd Fryatt 282 Moody Street, Suite 202, Waltham, MA, 100% 02453 14 HIGHLY CONFIDENTIAL ESTROMINA CO GREELEY LAND LLC Schedule B The Managing Member shall make the Capital Contributions to the Company to develop the Project. 15 HIGHLY CONFIDENTIAL ESTROMINA CO GREELEY LAND LLC r 1 ..1 SOLAR Surface Use Agreement County Road 37 Solar Garden Project Weld County Colorado Surface Use Agreement The surface use agreement between the current landowner, Ed Orr (Olando Ltd. Liability Co LIc.), and Noble Energy, Inc. is provided in the following pages. l�i Q �i;� !� ` �. 1i 4�i�i ;: I �; 'I i�� Si�� I iYl �iil� TIE :. 1'; 1 l'1 - s . I !7i 3i i t 17 (i -:vs'r;` VrE'[I ;r!.n fsa w.tt! S.tyyg r n?.f] :-i • e thr. tr ► q RI HT OF WAY .AND EASEMENT AGREEMENT THIS RIGHT OF WAY AND EA EMENTAGREEMENT ("AGREE.MENT"% is made and entered into this day of September 2009 by and between Ed Orr, whose address is 1813 61 t Avenue, ##200, Greeley, Colorado 10634, hereinafter referred to as "Grantor", and Nogle Energy, Inc., whose address is 152'' Broadway, Suite 2200, Denver, Colorado 80202, hereinafter referred to as "Grantee". WHERE\S, Cran1ur owns the following property: Township 6 North, Range 65 West, 6th P.M. Section 19: That part of the N12NU 14 lying south arid west of the New Cache LaPoudre Irrigating Company 2 Canal. Weld Coon Colorado Such lands are referred to herein as 117e "Property", and WHEREAS, Grantee owns an interest in oil and gas lease(s) under the following property: Town=ship 6 1 rfihLRange S5 West, 6th PM Section19: 8(2NW/4 Weld County, Colorado Such lands are referred to herein as the "Leased Lands", and WHEREAS, Grantee owns leasehold interests in the oil and gap, riineral estate in and under the Leased Lands and the right to conduct drilling. cornpietion, recornpletion, maintenance and subsequent production operations, including plugging and abandoning any wells (the "Operations") on the Leased Lands: and WHEREAS, Grantee desires to construct and maintain an access road, flcwlinc,� and gathering lines and locate production facilities including a tank bat₹ery, separators, emission control units and other associated oil and gas production equipment ("Facilities") on that portion of the Property not included in the teased Lands, to serve Operations on the Leased (.-ands, and WI-HEREAS, Grantee will access its facilities as shown on Exhibit A attached hereto and made a part hereof, located on the Property, for conducting Operations related to the Orr E19•5 and Orr El g-•0 wells on the Leased Lands WHEREAS, the parties intend by this Agreement to set forth their understanding regarding the use of that portion of the Property off of the Leased Lands by Grantee, 'Jtt"s''�iSY; ! I5 'IL c ,Ii I!h•-`}'' ?-, .rJ� 7} } 1Fl `—S t�5�'4.` ?':tJ'i ,7� La. NOW, THEREFORE, in consideration of the sum of Ten and more DoIlars ($10.00 and more) and other good and valuable consideration paid to Grantor, the receipt and sufficiency of which is hereby acki- o 'Iadged, Grantor and Grantee agree as follows: (1) Right-of-Wav Gram~, Grantor does hereby grant aril convey into Grantee the right, right'•of-way and easement to construct, maintain and utilize Facilities over, across and through a portion of the Property and described in Exhibit A attached hereto and made a part hereof, The access road ;!kill be limited to approximately 30 feet in width during drilling, completion, deeper,inc, refracing, recompietion, reworking, equipping and production operations. The permanent access road to the wellhead and tank battery location shall be limited to 20 feet in width- The right -of -way and easement shall be located as depicted on Exhibit A attached hereto and made a part hereof, Grantee will provide an 'Las -built" survey to replace Exhibit A and to be attached as Exhibit 8 hereto following construction of the Facilitiesa copy of which will be provided to Grantor. (2) -Tenn. This Agreement shall remain in full force anrx effect so long as the nil and gas lease covering the Leased Lands, recorded in Rook 870 at reception #1732315 is in effect. or until such time as Grantee is no longer conducting Operations on the Leased Lands, whichever first occurs, and thereafter this Aggreerneiit shall terminate - (3) Parties. This Agreement shall be binding upon and inure to the benefit of heirs, successors and assigns of the parties hereto, (i) Standards. In performing its activities and constructing and ruaintaining its Facilities on the Properly, Grantee shall (a) comply with applicable law and regulations including the Rules and Regulations of the Colorado Oil and Gas Conservation Commission, (h) perform construction i in a +,food and workmanlike manner, and (c) comply with good and generally accepted ciItielcl practices- () lelcition. If Grantor desires to relocate all or a portion of Grantee's Facilities on the Property, Grantee agrees to relocate such Facilities to a mutually rigreeabte location at the sole cost of Grantor to other lands owned by Grantor and this Agreement shall be amended to apply to such relocated Facilities. (6) Restoration of Surface- Grantee agrees that within a reascnar3le time following, the completion of laying and canstructlon of any pipeline and temporary road width, and upon expiration of this. Easement plus a restoration period of six month$, as se, forth above, Grantee shall restor€. the surface to as close to its prior condition as reasonably practicable. ��f`'�� f� MM • • Ro!} Iii�,hi 1 ,11'21 .,:t �� M,r NrR,€ 1 {;54 ik .�'�,.F{i {.l, r.i ti is iswx'i ilf ' 5 Agreed to and accepted thit• day of September, 2009. GHA'4TOR: Ed Orr IRAN TEF NOBLE ENERGY, III_ P. David Padgett Attorr rey"Irr-pact 1CKNO MENTS STATE OF COLORADO ) )ss, COUNTY OF `'� _ The foregoing instrument was acknowledged before me this day of by On for the uses and ur sc3s therein set fcorft . Ed � rte•' Notary Public_ ... f'. 3 •tq ' x' i odfnsLon xpires;,_; STATE OF CITY AND )s. COUNTY Oi; DENVER ) Jf'$°y The foregoing instrument was eckrrowledged before me this L day of 2009, ! y P. David Padgett, Attorney -In -Fact, fcr Noble Energy, Inc. 5 ii,l ell�il71r1Ff ' -� ' T Notary PAic f lv Y,, S �y`��/��J, s� {L ��-: ` i x((44 ��,$ Mi'1fLL 31:W ;ii st�f Day-ktt ,y:} ;{rif.cC i.7a :i -s} ..i},,c::''�fi3sCfla v k Exhibit "A" ORR E19.05, X6, 19 TEN, R65W, 6TH Phil Sectn 14: WW/4 Weld County, CC) w Ac xss le' dll oiI 4 11 ip lynd'.mtia'i fawlfier, {L7 DRJq EJ9 V, OB. t6 Lprid C`fER i=1 -O3, 19 vw,Ig V1tt+r S;0#1CI f447, Y If, I'1F it F 19.06 for pur^pF? only Amass to ORR E`3-OG hvlow tI1:.ti Rcud Jrf dr II -rig, fYLLC & wlrr'gWeCI,',Pr;h17rk3 f5 fl' Flow; r,s ......... IJIpN UWtw L1a'!WI Utility and Other Infrastructure Owners SOLAR County Road 37 Solar Garden Project Weld County Colorado Utility and Other Infrastructure Owners The names and addresses of owners of infrastructure in the Project area based on the ALTA Survey provided in the USR Map (Document 07) are listed in the table below. Owner Name Address North Weld County Water District 32825 Co Rd 39 Lucerne, CO 80646 Greeley Land Fund, LLC 102 South Tejon, #700 Colorado Springs, CO 80903 Swift Beef Company 1770 Promontory Circle Greeley, CO 80634 Ed Orr 826 9th Street #200 Greeley, CO 80631 PDC Energy Inc 1775 Sherman Street, Suite 3000 Denver, CO 80203 r 1 ..1 SOLAR Planning Questionnaire County Road 37 Solar Garden Project Weld County Colorado Planning Questionnaire Answers to the Planning Questionnaire as provided in the USR Procedural Guide are provided below. 1. Explain the proposed use and business name. ECA Solar d/b/a ECA CO Greeley, LLC (ECA Solar) is proposing to construct and operate the proposed County Road 37 Solar Garden Project (Project) in unincorporated Weld County Colorado. The Project includes construction of 5 Megawatts (MW) of solar electric generation on a 79.01 -acre parcel, Weld County parcel number 0803-19-2-00-011 (Project Area, Figure 1). Additional location information is included in Table 1 within the Letter of Request provided with this application. The Project will include construction of solar panels mounted on single axis trackers, a collection system connecting the solar arrays to the proposed inverter bank, and an overhead electric interconnection to the existing distribution grid. Each solar array area is arranged in arrays that run from north to south. Panels are clustered into arrays and fixed to the ground on piles that support the panels. A motor is affixed to a central pile that provides power so that panels can track the movement of the sun. At a neutral tilt, panels are parallel to the ground at a typical height of 5 feet. At a maximum tilt, the height of the panel typically reaches approximately 10 to 14 feet in height. A supervisory control and data acquisition (SCADA) system will remotely monitor and control the Project Area 24/7. The SCADA system will transmit Project data and control signals over the internet. Collection cables will transmit electricity from the solar array areas to two centralized inverter banks. Inverter banks will feature two 2500 kV transformers, DC to AC string inverters, sub panels, an approximately 6' tall switchboard, and miscellaneous supporting equipment. Equipment on the inverter banks will be mounted on two 10 -foot by 20 -foot concrete pads and equipment on the inverter bank will be a maximum of 12 -feet tall. A new overhead transmission line including approximately five utility poles each up to 60 feet in height will connect the inverter bank to the existing Xcel Energy distribution line on the east side of County Road 37 and into the existing electric grid. ECA Solar and its contractors will use a temporary construction trailer on site for the duration of construction. Upon completion of construction, the temporary construction trailer will be removed for the duration of the operations phase of the Project. ECA Solar and Xcel Energy, Inc. will require up to two storage containers approximately 50 -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. r 1 ..1 SOLAR Construction Activities Planning Questionnaire County Road 37 Solar Garden Project Weld County Colorado Construction includes installation of stormwater and erosion control measures, site clearing and grading, and installation of fencing, solar arrays, and the electrical collection system. Construction includes restoration of disturbed areas with seeding to reduce erosion as required by the General Stormwater Construction Permit from the Colorado Department of Public Health and Environment (CDPHE). Construction will conclude after facility energization and connection to the Xcel Energy distribution lines. Operation Activities Overall, minimal maintenance requirements are anticipated once the facility is operational. The Single Axis Tracker (SAT) systems are monitored remotely. Inverters will be serviced periodically. On intermittent occasions, several employees or contractors may be required for major repair or replacement of equipment. Due to the nature of the Project, such maintenance activities are anticipated to be infrequent. On -site vegetation and weed control would be managed by typical landscape maintenance techniques, including the application of herbicides and mowing. All open and un-landscaped portions of the Project Area would be maintained in good condition, with weeds, trash, and debris routinely removed. Once the solar panels are installed, the panels would operate during daylight hours, seven days per week, 365 days per year. Security would be maintained through a chain link fence installed along the perimeter of the solar array area and the inverter banks. 2. Explain the need for the proposed use. Construction of new businesses and homes increases the need for electricity, as do changes in the market for power driven by advanced technologies with new power requirements. Most new high-tech customers require more power per square foot of space and higher reliability. Power consumption trends and requirements have also changed at the residential level as a result of personal computers, electronics, and home offices. ECA Solar's goal is to provide reliable electrical service to the area for both safety and everyday activities while contributing a portion of the electricity generated by the Project to low-income users. The Project is also part of the Colorado Energy Plan (CEP) approved by the Colorado Public Utilities Commission in 2018, which is Xcel Energy's roadmap to develop a diversified energy mix by adding renewable energy into their portfolio with the intention to reduce carbon emissions in Colorado while keeping customer bills low. Xcel Energy has a zero -carbon electricity target of 100 percent by 2050 and is requesting renewable energy projects to offset existing and future energy demands. Xcel Energy requested proposals in 2020 for solar gardens up to 5MW each. In December 2020 Xcel Energy awarded ECA Solar's bid for the Project. 3. Describe the current and previous use of the land. The Project Area has been used for agricultural purposes since prior to 19481. Oil and gas production in the Project Area began in the 1980's based on oil and gas lease records and aerial imagery. and there are currently two active or abandoned oil and gas wells in the Project Area. 1 HistoricAerials.com 2021. Aerial Imagery from 1948 for the Project Area. https://www.historicaerials.com/viewer. Accessed February 2021. r 1 ..1 SOLAR Planning Questionnaire County Road 37 Solar Garden Project Weld County Colorado 4. Describe the proximity of the proposed use to residences. The proposed use is surrounded by a mix of agricultural and industrial properties. There are two residential properties in the vicinity of the Project area. The nearest residential property is located approximately 300 feet to the north of the Project Area (33060 County Road 37). One additional residence is located approximately 500 feet southwest of the Project Area (32501 County Road 37). 5. Describe the surrounding land uses of the site and how the proposed use is compatible with them. Land uses to the north, south, and west are agricultural. The property to the east is occupied by an oil trucking company and is industrial in nature. The proposed use is compatible because following construction, the solar garden is constructed, it will be a dormant property and will not affect surrounding businesses or uses. 6. Describe the hours and days of operation. Construction activities will take place Monday -Saturday from 7am-6pm. After completion of construction, occasional maintenance will occur between 7am and 7pm as needed, estimated to be approximately twice a year. 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. 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 to15 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. There will be no users, patrons, members, buyers or other visitors at any time to the Project. 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.). There will be no animals on the site at any time. 10. List the types and number of operating and processing equipment. There will be 13,600 solar modules installed. 11. List the types, number and uses of the existing and proposed structures. Above -ground structures proposed as part of the Project will include: • Solar panels mounted on single -axis trackers arranged on arrays from north to south. The final number of solar panels will be determined as part of final engineering • Two inverter banks on concrete pads which will include two 2500 kV transformers, DC to AC string inverters, sub panels, an approximately 6' tall switchboard, and miscellaneous supporting equipment up to 12 feet in height r 1 ..1 SOLAR Planning Questionnaire County Road 37 Solar Garden Project Weld County Colorado Approximately five utility poles each up to 60 feet in height will connect the inverter bank to the existing Xcel Energy distribution line on the east side of County Road 37 and into the existing electric grid One temporary construction trailer to support activities during construction Up to two storage containers approximately 50 -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 12. Describe the size of any stockpile, storage or waste areas. During construction, 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 50 - 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. Debris, junk, and other wastes will be stored in appropriate waste receptacles such as dumpsters during construction. ECA Solar 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. Detailed engineering is currently underway and is anticipated to finish after the USR permit is approved. Procurement of long lead time material will begin in spring 2021. Project construction is anticipated to begin in fall 2021 and will be completed in winter 2022 or spring 2022. Construction would follow the following estimated timetable: Construction Phase Season/duration Construction begins Fall 2021 Site preparation 1-2 months Structural work 3-5 months Electrical 2-4 months Utility work 2-4 months Construction end Winter 2022/Spring 2022 15. Describe the proposed and existing lot surface type and the square footage The existing lot surface is approximately half fallow agricultural row crop field and approximately half unfilled fallow field with one existing gravel access road. The proposed lot is approximately 79.01 acres or 3,397,680 square feet. Approximately 27.22 acres or 34.5% of the Project Area will support the solar panel arrays, which will be fixed to the found on concrete piles that support the panels. A total of 22,487 square feet (0.52 acre) will be graveled including an access road, a parking area, and areas under the temporary construction trailer and two storage containers. r 1 ..1 SOLAR Planning Questionnaire County Road 37 Solar Garden Project Weld County Colorado Equipment on the two inverter banks will be mounted on two concrete pads each 200 square feet in area. Proposed surface types are shown in the USR Map (Document 7). Areas where vegetation has been temporarily removed, altered, or eliminated, will be reseeded with a native grass seed. ECA Solar will maintain the existing landscaping except for the access road and concrete pads. As a result, the project will create a negligible addition of impervious area to the site and will not significantly change the overall plant diversity. Additional discussion about impervious area and drainage can be found in the preliminary drainage report (Document 18). 16. How many parking spaces are proposed? How many handicap -accessible parking spaces are proposed? No parking spaces are proposed; however, the proposed gravel surface will be the designated parking area for ECA Solar and its maintenance contractors during the operations phase of the Project. 17. Describe the existing and proposed fencing and screening for the site including all parking and outdoor storage areas. No existing fencing is present on the parcel. The Project includes installation of a chain link security fence up to 7 ft tall. The proposed chain link fence will feature screening slats for the entire County Road 37 frontage. Two access gates will be installed at the two proposed entrances to the Project Area at the access roads. Typical profiles of the proposed fence and gates are shown in the Landscaping and Screening Plan sheets of the USR Plan (Documents 7 and 10). 18. Describe the existing and proposed landscaping for the site. The existing lot surface is approximately half fallow agricultural row crop field and approximately half unfilled fallow field with one existing gravel access road. Areas where vegetation has been temporarily removed, altered, or eliminated, will be reseeded with a native grass seed. ECA Solar will maintain the existing landscaping except for the access road and concrete pads. The vegetation under the array rows will continue to grow and be maintained with mowing and weed control, as necessary. 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. Following construction, areas where vegetation has been temporarily removed, altered, or eliminated, will be reseeded with a native grass seed except for the two concrete pads and gravel access roads proposed in the Project Area. Decommissioning of the Project will include removal of all above -ground infrastructure, including the arrays, inverter structures, concrete foundations and pads, overhead electrical infrastructure, and perimeter fences. The ECA Decommissioning Plan (Document 12) includes additional information regarding decommissioning of the site. 20. Describe the proposed fire protection measures. The proposed Project is within the Eaton Fire Protection District service district. Project design 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) r 1 ..1 SOLAR Planning Questionnaire County Road 37 Solar Garden Project Weld County Colorado system will remotely monitor and control the Project Area 24/7. The SCADA system will transmit Project data and control signals over the internet. ECA will provide on -site training for the Eaton Fire Protection District during the construction process, and after completion of construction. 21. Explain how this proposal is consistent with the Weld County Comprehensive Plan per Chapter 22 of the Weld County Code. The Project is consistent with the guiding principles of the Weld County Comprehensive Plan (WCCP) as described in the Weld County Code (WCC) as described in the following sections. WCC 2-2-10 Guiding Principles • The Project will be constructed on privately owned land and will not interfere with production of oil and gas by the well on site (WCC 22-2-10 [B]). • The Project will promote economic prosperity through infrastructure improvements, low- cost energy production, generation of construction work, and by contributing electricity to local businesses (WCC 22-2-10 [C]). • The Project will protect the health, safety, and general welfare of the citizens of Weld County as described in the Planning Questionnaire question #24. The Project will be constructed and operated in a safe manner according to industry standards. The proposed Project will generate electricity without generating emissions, will not emit odors, and will have limited vehicle traffic once construction is complete (WCC 22-2-10 [D]). WCC 22-2-30 Land Use Goals and Objectives The Project is consistent with the land use goals and objectives of the WCCP Section 22-2-30 as the additional of solar on this parcel allows for grassland vegetation on the parcel and it limits the density and intensity of development by displacing any urban or residential development on the parcel. The industrial use of the adjacent trucking company borders the Project which is located at the intersection of two county roadways. The solar garden does not require a water source, leaving the water allotted for agriculture to the adjacent agricultural practices. The energy generated by the solar garden is used locally as a low-cost energy source, and does not require snow removal, utility services, or other urban services such as policing. WCC 22-2-40 Economic Development Goals and Objectives The Project is located outside of population and commercial centers, allowing power generation to exist on a small scale adjacent to an industrial area and neighboring users of electricity with distributed generation, avoiding the need for a substation or large power plant. WCC 22-2-50 Environmental Goals and Objectives The Project is consistent with the environmental goals and objectives of the WCCP (WCC 22-2-50 [A -C]) because the Project will not use water during the operations phase of the Project; will implement water quality best management practices as part of the conditions of the General Construction permit and associated Stormwater Management Plan (SWMP) for the Project; and is located outside of flood prone areas. The Project promotes infiltration of stormwater runoff into the grasses below the solar panel arrays to allow for the natural water cycle in the area. WCC 22-2-60 Natural Resource Goals and Objectives The parcel does not contain wetlands or critical habitats. The solar energy source is a responsible development, providing low-cost energy to the adjacent residents and businesses, while also allowing for oil and gas production to continue on site. Solar panel arrays do not preclude mineral r 1 ..1 SOLAR Planning Questionnaire County Road 37 Solar Garden Project Weld County Colorado extraction and oil and gas production but can accommodate mineral extraction with design considerations. Due to the solar panel arrays, more grassland can remain on the parcel than is precluded with graveled roads or other types of energy generating infrastructure. WCC 22-4-10 Comprehensive Plan Map The solar garden precludes development of commercial, industrial, or Planned Unit Development on the parcel and does not require a rezone. The solar garden does not require utilities or changes in the transportation infrastructure as it does not increase traffic during operations. The solar garden is located at the intersection of two county roadways within a designated "Weld County Opportunity Zone" on the Comprehensive Plan Map in an urban -non -urban mix zone. The adjacent industrial use of the trucking company adds to the uses in the area from agricultural to industrial. 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.) Per WCC 23-3-10, the A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the County and is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy development, without the interference of other, incompatible land uses. The Project is compatible with the Agricultural district because it will not inhibit farming practices outside of the Project Area and maintains a grassland vegetative cover under the solar panel arrays. "his Project is a medium scale solar facility per WCC 23-1-90 because it is a facility used for the production of electrical energy from energy produced by the sun and includes a transmission line under 115 kilovolts (kV), which is developed for the purpose of supplying or distributing electrical energy to a customer and is located on 20 acres or more. WCC 23-3-40 states that medium scale solar facilities are allowed uses in the A district, pursuant to a USR permit. 23. Explain how this proposal will be compatible with future development of the surrounding area or adopted master plans of affected municipalities. The Project is not anticipated to impact future land uses and will not restrict development of the surrounding area. 24. Explain how this proposal impacts the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. The Project is not anticipated to negatively 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 Area 24 hours per day, seven days per week. The SCADA system will transmit Project data and control signals over the internet. r 1 ..1 SOLAR Planning Questionnaire County Road 37 Solar Garden Project Weld County Colorado 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. Graham Seep flows north to south along the western boundary of the Project and the Greeley Number 2 Canal also runs north to south along the eastern boundary of the Project; neither of which will be impacted by construction or operation of the Project. Document number 22 contains the Irrigation mitigation statement per WCC Section 23-4-1030. The Project is not located on prime farmland2 (NRCS 2021). 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. The Project is not located within an Overlay Zoning District or a Special Flood Hazard Area, therefore compliance with Article V and Article XI is not applicable. 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. Table 3 lists the state permits which may be applicable to the Project. No federal permits are required for the proposed use. Permit or Approval Responsible Agency Expected Timeframe Heavy Haul Permit Colorado Department of Transportation 1-3 Months General Construction Storm Colorado Department of Public Health Water Permit and Environment 1-3 months Air Pollution Emissions Notice Colorado Department of Public Health 30 days and Environment 2 NRCS. 2021. Soil Data Access (SDA) Prime and other Important Farmlands. https://www.nres.usda.gov/lnternet/FSE DOCUMENTS/nrcserd1338623.html. Accessed February 2021. r 1 ..1 SOLAR Public Works Questionnaire County Road 37 Solar Garden Project Weld County Colorado Public Works Questionnaire Answers to the Public Works Questionnaire as provided in the USR Procedural Guide are provided below. 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. There are two existing two -track agricultural accesses from County Road 37 to the Project Area and one from County Road 68 to the Project Area. The northern access along County Road 37 is located approximately 680 feet south of County Road 68. The southern access is located approximately 1,250 feet south of the northern access and approximately 3,350 feet north of County Road 68. The access from County Road 68 to the Project Area is located approximately 450 feet east of County Road 37. During construction and operation of the Project the two accesses from County Road 37 to the Project Area will be used for delivery trucks and passenger vehicles. 2. Describe any anticipated change(s) to an existing access, if applicable. The two accesses along County Road 37 will not be relocated but will be improved as part of the Project. The accesses will each include a stone gravel surface, security fencing, and an access gate with locks that will allow for first responder access. 3. Describe in detail any existing or proposed access gate including its location. Seven -foot -tall chain link perimeter fencing will be installed around the solar array area. The fence will feature tan privacy slats along the County Road 37 frontage. Two chain link security gates will be installed at the fence line at the two accesses from CR-37 to the Project Area and will include tan privacy slats. The gate will be approximately 7 -feet tall and include locks that will allow for first responder access. 4. Describe the location of all existing accesses on adjacent parcels and on parcels located on the opposite side of the road. Include the approximate distance each access is from an intersecting county road. The adjacent parcel to the West, has an existing access along WCR 37 directly across from the existing access for the proposed use. The adjacent parcel to the North has an existing access along Highway 392 directly across from the existing access for the proposed use. 5. Describe any difficulties seeing oncoming traffic from an existing access and any anticipated difficulties seeing oncoming traffic from a proposed access. County Road 37 is straight in the vicinity of the two accesses that will be used for the Project and there are no visual obstructions for oncoming traffic in the vicinity of the proposed access. Upon completion of construction, traffic will consist of 1 or 2 vehicles per quarter. The vehicles will consist of a utility van or a pickup with a trailer. The site visits will be to support quarterly operations and maintenance activities by a solar technician or a landscaper. Maintenance activities will take place Monday -Saturday from approximately 7am-7pm. No other routine traffic is expected. r 1 _1 SOLAR Public Works Questionnaire County Road 37 Solar Garden Project Weld County Colorado 6. Describe any horizontal curve (using terms like mild curve, sharp curve, reverse curve, etc.) in the vicinity of an existing or proposed access. County Road 37 is straight in the vicinity of the two accesses that will be used for the Project and there are no visual obstructions for oncoming traffic in the vicinity of the proposed access. 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. The topography of County Road 37 at the two proposed accesses is generally flat. r 1 ..1 SOLAR Traffic Narrative County Road 37 Solar Garden Project Weld County Colorado Traffic Narrative Answers to the Traffic Narrative questions as provided in the USR Procedural Guide are provided below. 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). During construction an estimated maximum of 50 passenger vehicle roundtrips plus up to a total of 10 delivery trucks are anticipated. Delivery trucks may include semi -tractor and trailer, tandem trucks, water trucks, or civil earthwork trucks. 2. Describe the expected travel routes or haul routes for site traffic. A majority of passenger vehicles and deliveries during construction will travel to the site via State Highway 392 from Interstate 25, State Highway 85, or from State Highway 14. Main access to the site is from Weld County Road 37. The limited traffic expected to access the site during operations is expected to follow the same routes. 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.). An estimated 50 percent of traffic during construction will come from Highway 85 from either the north or south. An estimated 30 percent will come from 1-25. The remaining traffic will follow other routes. The limited traffic expected to access the site during operations is expected to follow the same routes. 4. Describe the time of day that you expect the highest traffic volumes. The highest traffic volumes during construction will occur during morning mobilization of construction workers to the site at approximately 6-8AM and the evening demobilization of workers at approximately 3-6PM. The limited traffic expected to access the site during operations is expected to occur during the same time windows. Also, for deliveries, typically 2-3 trucks per day. CORE COUNTY ROAD 37 SOLAR GARDEN PROJECT DRAINAGE LETTER To: Weld County Planning and Building Department 1555 N 17th Ave. Greeley, CO 80631 From: CORE Consultants cc: Zack Roberson Date: August 18, 2021 PRE20-0185, Request For Exemption From Weld County Code Sec. 8-1 1-40-I Re: Drainage Policy - Exemption #9 The answers below describe the key information for an exception to onsite detention found in Sec. 8-11-40-I of the Weld County Code: 1. Any existing and proposed improvements to the property. Existing improvements found on the property includes gravel access, concrete pads, and storage tanks, and other equipment. Proposed improvements include solar arrays, concrete pads, storage containers, gravel access, and fencing for arrays. 2. The exception being requested for consideration. Exemption #9 under Sec. 8-11-40-I Non -Urbanizing areas where the total pre-existing and post development impervious area produces stormwater runoff of less than, or equal to, five (5) cfs for the 1 -hour, 100 - year, storm event. This exception shall be supported by calculations signed and stamped by a Colorado Licensed Professional Engineer. When examining the existing conditions of the site, naturally vegetated land has been used to confirm the increase in developed stormwater is less than or equal to 5 cfs for the 1 -hour, 100 -year storm event when comparing vacant land to developed land with existing and proposed improvements on site. Please see the attached appendices for calculations, drainage maps, soil maps, and other drainage information. Please note that for the analysis Basin ID EX01 represents existing conditions and AOl represents proposed conditions. Page 1 of 2 County Road 37 Solar Garden Project August 18, 2021 3. Where the water originates if it flows onto the property from an off -site source. The subject site is bound by existing channels on the northwest, east and southeast edges. Potential runoff from off -site sources is limited to a small area to the northeast. In the event off -site water flows onto the property, stormwater would flow from northeast to southwest via overland flow. Historic drainage patterns would be maintained in this scenario due to the minimal impact the development would have to stormwater drainage patterns. 4. Where the water flows as it leaves the property. The Site historically flows via overland sheet flow into the Graham Seep which then flows south through farmland into the Cache la Poudre River. 5. The direction of flow across the property. Flow primarily moves from northeast to the southwest. 6. Previous drainage problems with the property, if any. No drainage problems present. Offsite flow mitigated by existing channels bordering the site. 7. The location of any irrigation facilities adjacent to or near the property. Adjacent to the property are the Greeley Number 2 Canal as its East border and a portion of the Graham Seep drainage way to the South. 8. Any additional information pertinent to the development. The Site is approximately 78.81 -acre of mostly undeveloped land with 48.5 -acres being developed for the use of a solar farm and non -urbanizing uses. The Site is currently unused agricultural area with areas holding 1% - 3% slope, directing flow to the Southeast end of the Site into the Graham Seep. Site vegetation includes disperse grass cover and small shrubs and trees within the Seep. Soils are primarily Aquolls and Aquepts, flooded, and Kim Loam, which correspond with hydrologic soil groups D and A respectively. Most of the Site being hydrologic soil group A as show in the attached NRCS Soils Survey found in Appendix A. Currently, several structures such as oil wells and storage tanks exist at the site. Underground multi -use pipes run from the south of the property to the center of the main access road to the North. Page 2 of 2 8/1 6/202 1 COUNTY ROAD 37 SOLAR GARDEN PROJECT CORE Project #: 20-192 Prepared By: Mike Guiffre IMPERVIOUS CALCULATIONS -REFERENCE UDFCD Vol.1 RUNOFF Table 6-3 Residential & Commercial Lawns Historic 2.00 Single Family Other Clay Soil Soil Type N/A N/A SOLAR BASE ONCRETE P Roof Streets: Paved Gravel 2-7% Slope >7% Slope Soil Type A Area Soil Type B Area Soil Type C Area Imperv. 65.00% 65.00% 90.00% 90.00% 90.00% 100.00% 40.00% 2.00% 2.00% Design Total Percent BASIN Point Area Area Area Area Area Area Area Area Area Area Area Impervious Area Area EX0I EXI - - - - - 0.81 - 85.87 - - 86.68 2.9% 86.682 - - - - - - - - - - - - - - - - A0l A0l - - 0.21 0.01 0.09 1.01 0.47 - - 84.89 86.68 3.7% 86.682 - - TOTAL 0.00 0.00 0.21 0.01 0.09 1.82 0.47 85.87 0.00 84.89 173.36 3.3% CORE Consultants, Inc. COUNTY ROAD 37 SOLAR GARDEN PROJECT CORE Project #: 20-192 r.,hr: ;- _ u:: „« p, ;.r Prepared By: Mike Guiffre COMPOSITE DEVELOPED BASIN WEIGHTED "C" CALCULATIONS -REFERENCE UDFCD Vol.1 RUNOFF Table 6-4 i = % imperviousness/100 expressed as a decimal ° `' " Total Weighted Runoff Coefficients, C CA= Runoff coefficient for NRCS HSG A soils ""''- -'-1111" ""'-1111' 1111"-"'10 "'°'„ 1141'-"+'`+ "'�'"'�'� 2 -Year 5 -Year 10 -Year 100 -Year C, = Runoff coefficient for NRCS HSG B soils Ccp = Runoff coefficient for NRCS HSG C and D soils. 0.01 0.01 0.01 0.14 Natural Resource Conservation Service (NRCS) Basin ID % Imperv. I Soil Type Runoff Coefficients, C Basin Area Total Area Weighted Runoff Coefficients, C 2 -Year 5 -Year 10 -Year 100 -Year 2 -Year 5 -Year 10 -Year 100 -Year A 0.01 0.01 0.01 0.13 86.68 EX01 2.9% 0.03 B 0.01 0.02 0.08 0.44 86.68 0.01 0.01 0.01 0.13 C or D 0.02 0.06 0.15 0.50 A 0.01 0.01 0.01 0.14 86.68 A01 3.7% 0.04 B 0.02 0.02 0.09 0.44 86.68 0.01 0.01 0.01 0.14 C or D 0.02 0.07 0.16 0.50 COUNTY ROAD 37 SOLAR GARDEN PROJECT CORE Project #: 20-192 Prepared By: Mike Guiffre TIME OF CONCENTRATION CALCULATIONS -REFERENCE UDFCD Vol.1 Section 2.4 NRCS Conveyance factors, K -REFERENCE UDFCD Vol.1 RUNOFF Table 6-2 SF -2 Heavy Meadow 2.50 Short Grass Pasture & Lawns 7.00 Grassed Waterway 15.00 Tillage/field 5.00 Nearly Bare Ground 10.00 Paved Area & Shallow Gutter 20.00 SUB -BASIN DATA INITIAL / OVERLAND TIME CHANNEL / TRAVEL TIME T(t) T(c) CHECK (URBANIZED BASINS) FINAL T(c) DRAIN BASIN AREA ac. C(5) Length ft. Elev Change Slope % T(i) min Length ft. Elev Change Slope % Coeff. Velocity fps T(t) min. COMP. T(c) % IMPER- VIOUS USDCM Eq . 6-5 min. EX01 86.68 0.01 300 12.5 4.2 21.3 3427 16.1 0.5 5.0 0.3 166.8 188.1 2.9% 114.2 114.2 A01 86.68 0.01 300 12.5 4.2 21.2 3427 16.1 0.5 5.0 0.3 166.8 188.0 3.7% 113.1 113.1 COUNTY ROAD 37 SOLAR GARDEN PROJECT CORE Project #: 20-192 Prepared By: Mike Guiffre RATIONAL METHOD PEAK RUNOFF 100-YR STORM SF -3 Rainfall Depth -Duration -Frequency (1 -hr) = 2.74 -REFERENCE UDFCD Vol.1 EQ 5-1 & EQ 6-1 BASIN INFORMATON DIRECT RUNOFF DESIGN POINT DRAIN BASIN AREA ac. 100YR RUNNOF COEFF T(c) min CxA A I in/hr Q cfs EX1 EX01 86.682 0.133 114.16 11.505 1.765 20.31 A01 A01 86.68 0.14 113.06 12.010 1.777 21.35 w O fy 0 0 (N 0 N X 0 (N 0 N 00 I / \ I� / /c / / / I , 1 RTY BOUNDARY 0 150' 300' 1 inch = 150 ft. i P(PMn EXISTING PROPOSED X AREA 0.45 0.60 A 5280 5279 5280 5279 BASIN DESIGNATION 5 YEAR COEFFICIENTS 100 YEAR COEFFICIENTS DESIGN POINT DIRECTIONAL FLOW ARROW PROPOSED DRAINAGE BASIN EXISTING DRAINAGE BASIN PROPOSED MAJOR CONTOUR PROPOSED MINOR CONTOUR EXISTING MAJOR CONTOUR EXISTING MINOR CONTOUR EASEMENT RIGHT OF WAY (R.O.W.) CENTERLINE PROJECT BOUNDARY W ad I - z U W O J W > z W � o � U z W m Q z W d U z O z a0 JU Lu Nao�0 zOO�U OmOvim LuMw00 U N. z O U M W M up O V W Z D C z F - w Z W 0 '^ V J O V) M O z O V I- 0 W O DATE: 08/16/21 1 CREATED BY: MJB JOB NO. 20-192 SHEET 1 W ad CD 0 cQ G W z 0 w 0 fy 0 0 (N a) N X a 00 (N N O M 00 / _ _ _WELD COUNTY RD 68 r (80' R.O.W.) — " _ _ o0 Ob I I� I I II J 4135 f ' / << /7 it / I, l / J II II I J II I� II r I II / II li / I I / 111 1i UTILITY POLE, TYP. I p I 2 TIME OF CONCENTRATION CRITICAL PATH / � 1 / , \ / \ I 1 ss \\\ \ NORTH ACCESS GATE \ \ v IiIIHHH 2 JI I SOLAR ARRAY, TYP. PROPERTY BOUNDARY \ 8' TALL WOVEN WIRE FENCE 20' BUFFER FROM SOLAR ARRAY 10'X20' PARKING SPOT, TYP. STORAGE CONTAINERS (2) 10'X40' \ ` \ TEMP. CONSTRUCTION TRAILER \� CRUSHED GRAVEL PARKING AREA 4755 SOUTH ACCESS GATE \ INVERTER BANKS WITH TRANSFORMER ON 20'X 10' CONCRETE PAD \ \ �I 70' FIRE TRUCK r \,�i \ \ HAMMERHEAD TURN AROUND OVERHEAD UTILITY TRANSITIONS TO \ UNDERGROUND AT FINAL UTILITY POLE \ \ \\ L / H IL' i-1 1 I r / / I \ \ \ 1 \\ / ,e ,4 ' / 0 150' 300' 1 inch = 150 ft. i P(PMn EXISTING PROPOSED X XX.X AC XX.X % A 5280 5279 BASIN DESIGNATION AREA % IMPERVIOUS DESIGN POINT DIRECTIONAL FLOW ARROW PROPOSED DRAINAGE BASIN EXISTING DRAINAGE BASIN EXISTING MAJOR CONTOUR EXISTING MINOR CONTOUR EASEMENT RIGHT OF WAY (R.O.W.) PROPERTY BOUNDARY I z U W O J W > z W � o � U Z W m Q Z = W d U z Z � ° a0 J�u Lu Nao�0 QOcjD Co adM- O0 N. Z O U M W M up O V cn w Z a a w V) O 0 Z W 0 ,n V DC 0 0 Z O U I- W 0 DATE: 08/30/21 1 CREATED BY: MJB JOB NO. 20-192 SHEET 2 PRELIMINARY DRAINAGE REPORT FOR COUNTY ROAD 37 SOLAR GARDEN PROJECT Prepared for: ECA Solar d/b/a ECA CO Greeley, LLC 282 Moody Street, #292 Waltham MA, 02453 Contact: Todd Fryatt Phone: 508-460-2068 Prepared by: CORD CORE Consultants, Inc. 3473 South Broadway Englewood, CO 80113 Contact: Mike Guiffre, PE Phone: 303-703-4444 CORE Project Number: 20-192 February 15, 2021 CORE Engineer's Statement: Preliminary Drainage Report County Road 37 Solar Garden Project Greeley, Colorado I affirm that this report and plan for the preliminary drainage design of County Road 37 Solar Garden Project, was prepared by me (or under my direct supervision) in accordance with the provisions of the Weld County drainage criteria for the owners thereof. I understand that the Weld County does not and will not assume liability for drainage facilities designed by others. Mike Guiffre, P.E. Colorado Professional Engineer License #55088 CORE Table of Contents Preliminary Drainage Report County Road 37 Solar Garden Project Greeley, Colorado I. GENERAL LOCATION AND DESCRIPTION...............................................................4 A. Site Location ................. B. Description of Property 4 4 II. DRAINAGE BASINS AND SUB-BASINS..................................................................... 4 A. Major Drainage Basins......................................................................................................................4 B. Minor Drainage Basin........................................................................................................................4 III. DRAINAGE DESIGN CRITERIA...............................................................................5 A. Regulations........................................................................................................................................5 B. Hydrology..........................................................................................................................................5 C. Hydraulics.......................................................................................................................................... 5 D. Storage and Water Quality Enhancement......................................................................................6 IV. STORMWATER MANAGEMENT FACILITY DESIGN.................................................6 A. Stormwater Conveyance Facilities..................................................................................................6 B. Stormwater Storage Facilities...........................................................................................................6 C. Water Quality Enhancement Control Measures.............................................................................6 D. Operation and Maintenance........................................................................................................... 6 E. Additional Permitting Requirements................................................................................................6 V. CONCLUSIONS...................................................................................................... 7 A. Compliance with Standards.............................................................................................................7 B. Variances........................................................................................................................................... 7 C. Drainage Concept............................................................................................................................ 7 VI. REFERENCES........................................................................................................... 8 VII. APPENDICES.......................................................................................................... 8 Appendices Appendix A Vicinity Map NRCS Soil Survey FEMA Firm Panel USGS Major Basin Map Appendix B NOAA Atlas Point Precipitation Frequency Estimates Hydraulic Computations Appendix C Weld County Drainage Checklist Back Pocket Drainage Maps CORE Preliminary Drainage Report County Road 37 Solar Garden Project Greeley, Colorado I. GENERAL LOCATION AND DESCRIPTION A. Site Location The Site is in a portion Northwest quarter of section 19, Township 6 North, Range 65 West of the 6th, City of Greeley, County of Weld, State of Colorado. The Site is located to the East of CO Rd 37 which provides two entrances on its west border. To the North a small portion is bordered by Weld County Rd 68, then follows the Greeley Number 2 Canal as its East border. The Site contains a portion of the Graham Seep drainage way where in existing conditions most of the water conveys. B. Description of Property The Site is approximately 78.81 -acre of mostly undeveloped land with 48.5 -acres being developed for the use of a solar farm and non -urbanizing uses. The Site is currently unused agricultural area with areas holding 1% - 3% slope, directing flow to the Southeast end of the Site into the Graham Seep. Site vegetation includes disperse grass cover and small shrubs and trees within the Seep. Soils are primarily Aquolls and Aquepts, flooded, and Kim Loam, which correspond with hydrologic soil groups D and A respectively. Most of the Site being hydrologic soil group A as show in the attached NRCS Soils Survey found in Appendix A. Several exiting structures such as oil tanks and wells exist currently on the site, with multi -use pipes running from the south of the property to the center of the main access road to the North. II. DRAINAGE BASINS AND SUB -BASINS A. Major Drainage Basins The Site is located within the Coalbank Creek Cache la Poudre River Basin (HUC10 1019000710) as shown on the attached USGS Map located in Appendix A. With its gently sloping existing topography, the Site historically flows Southeast via overland sheet flow into the Graham Seep and eventually into the Cache la Poudre River. The entire site will be examined as one existing and proposed basin due to the n existing or proposed stormwater infrastructure on site. There are no known Weld County Master Drainage Plans for the subject site. B. Minor Drainage Basin The proposed drainage basin delineated within this report generally reflect historical drainage patterns of the site. All developed stormwater flows will revert to existing drainageways or existing drainage infrastructure at historic, or below historic, flow rates to comply with stormwater requirements of Weld County drainage criteria and Mile High Flood District drainage criteria. The existing and proposed drainage conditions does not experience any offsite flows during non- CORE Preliminary Drainage Report County Road 37 Solar Garden Project Greeley, Colorado flooding storm events. Any storm event greater than the 100 -year storm that historically impacts the Site will be conveyed through the site to maintain historic drainage patterns. The Drainage Maps included in the back pocket show sub -basin boundaries and acreages. The proposed and existing basins are described as below: Existing Drainage Basins Basin EX01 (+/-86.68ac) Basin EX01 is currently largely open land with several exiting structures and an access road. Historic storm water flows southeast via overland flow, into Graham Seep, and exits the proposed basin at Design Point EX1. Proposed Drainage Basins Basin A01 (+/-86.68 ac) Basin A01 consists of solar arrays, concrete pads, storage containers, gravel access, and open land. Developed storm water flows southeast via overland flow, into Graham Seep, and exits the proposed basin at Design Point A01. III. DRAINAGE DESIGN CRITERIA A. Regulations This Preliminary Drainage Report is in accordance with Weld County Engineering and Construction Guidelines; and the Mile High Flood District (MHFD) Storm Drainage Criteria Manual regulations. B. Hydrology On -site hydrologic calculations were performed using a proprietary rational method workbook, developed by CORE in Microsoft Excel, to estimate peak overland runoff flows resulting from the minor (10 -year) and major (100 -year) storm events. The workbook utilizes rainfall data provided by NOAA Atlas website and conforms to the guidance set forth by MHFD Manual Volume 1, Chapter 6. 1 -hour point rainfall data obtained from NOAA and hydrologic calculations are included in Appendix B. C. Hydraulics No hydraulic calculations have been provided in this report due to no additional storm infrastructure being proposed onsite. CORE D. Storage and Water Quality Enhancement Preliminary Drainage Report County Road 37 Solar Garden Project Greeley, Colorado No storage and water quality calculations have been provided in this report due to no additional storm infrastructure being proposed onsite. IV. STORMWATER MANAGEMENT FACILITY DESIGN A. Stormwater Conveyance Facilities The general concept for the drainage design of the Site is to maintain the historic drainage patterns, where possible, and match or decrease historic release rates, while also providing water quality enhancement for the entirety of the developed Site. There are no proposed conveyance facilities for the Site and historic drainage patterns have been maintained. B. Stormwater Storage Facilities No stormwater storage facilities have been proposed for the Site. C. Water Quality Enhancement Control Measures Existing naturally vegetated buffers will be utilized to accept sheet flow from the upgradient development. The vegetated buffer will provide filtration of sediment before storm water enters Graham Seep Ditch at the southerly edge of the Site. D. Operation and Maintenance Mowing should be done as needed to maintain appropriate height (minim six inches) and control weeds. Native grass and other drought tolerant plantings should not require irrigation after establishment of ground cover. E. Additional Permitting Requirements The drainage design of the Site discussed herein will adhere to the requirements of Section 404 of the Clean Water Act and the Endangered Species Act. Additionally, the drainage design will conform to all applicable local, state, and federal requirements for drainage design and stormwater discharge. CORE V. CONCLUSIONS A. Compliance with Standards Preliminary Drainage Report County Road 37 Solar Garden Project Greeley, Colorado The drainage design for the Site conforms to Weld County Engineering and Construction Guidelines and the Mile High Flood District (MHFD) Storm Drainage Criteria Manual where applicable. B. Variances No variances to Weld County Engineering and Construction Guidelines have been requested. C. Drainage Concept The Rational Method was used to determine the developed peak runoff from the minor (5 -year) and major (100 -year) storm events for the minor drainage basins throughout the Site. These basins were delineated based on the natural topography and the proposed grading. Runoff from the Site remains in historic drainage patters and drains to the existing Graham Seep Ditch at the southerly edge of the Site. The design discussed herein will adequately protect public health, safety, and general welfare and have no adverse impacts on public rights -of -way or offsite properties. CORE VI. REFERENCES Preliminary Drainage Report County Road 37 Solar Garden Project Greeley, Colorado A. Weld County Engineering and Construction Guidelines, April 2012, Updated July 2017. B. Mile High Flood District Urban Storm Drainage Criteria Manual, October 2019. C. Web Soil Survey, Soil Survey Staff (Natural Resources Conservation Service), United States Department of Agriculture. Available online at the following link: https://websoilsurvey.sc.egov.usda.gov/. Accessed February 9, 2021. D. Flood Insurance Rate Map (FIRM) No. 08123C1530E, Federal Emergency Management Agency, Revised March 16, 2016. Available online at the following link: https://msc.fema.gov/portal/home. Accessed February 21, 2021. VII. APPENDICES APPENDIX A VICINITY MAP NRCS SOIL SURVEY FEMA FIRM PANEL USGS MAJOR BASIN MAP RD RD SITE CORE 0 1,000, COUNTY ROAD 37 SOLAR GARDEN PROJECT VICINITY MAP CORE CONSULTANTS. INC. LIVEYOURCORE.COM 1 inch = 1,000 ft. CREATED BY: MJB DATE: 02/18/2021 SHEET NUMBER OF 1 SHEETS JOB NUMBER 20-192 NOTES TO USERS LEGEND SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO This map is for use in administering the National Flood Insurance Program. It does not necessarily identify all areas subject to flooding, particularly from local drainage sources of small size. The community map repository should be consulted for possible updated or additional flood hazard information. To obtain more detailed information in areas where Base Flood Elevations (BFEs) and/or floodways have been determined, users are encouraged to consult the Flood Profiles and Floodway Data and/or Summary of Stillwater Elevations tables contained within the Flood Insurance Study (FIS) Report that accompanies this FIRM. Users should be aware that BFEs shown on the FIRM represent rounded whole -foot elevations. These BFEs are intended for flood insurance rating purposes only and should not be used as the sole source of flood elevation information. Accordingly, flood elevation data presented in the FIS Report should be utilized in conjunction with the FIRM for purposes of construction and/or floodplain management. Coastal Base Flood Elevations shown on this map apply only landward of 0.0' North American Vertical Datum of 1988 (NAVD 88). Users of this FIRM should be aware that coastal flood elevations are also provided in the Summary of Stillwater Elevations table in the Flood Insurance Study Report for this jurisdiction. Elevations shown in the Summary of Stillwater Elevations table should be used for construction and/or floodplain management purposes when they are higher than the elevations shown on this FIRM. Boundaries of the floodways were computed at cross sections and interpolated between cross sections. The floodways were based on hydraulic considerations with regard to requirements of the National Flood Insurance Program. Floodway widths and other pertinent floodway data are provided in the Flood Insurance Study Report for this jurisdiction. Certain areas not in Special Flood Hazard Areas may be protected by flood control structures. Refer to Section 2.4 "Flood Protection Measures" of the Flood Insurance Study Report for information on flood control structures for this jurisdiction. The projection used in the preparation of this map was Universal Transverse Mercator (UTM) zone 13. The horizontal datum was NAD 83, GRS 1980 spheroid. Differences in datum, spheroid, projection or UTM zones used in the production of FIRMS for adjacent jurisdictions may result in slight positional differences in map features across jurisdiction boundaries. These differences do not affect the accuracy of this FIRM. Flood elevations on this map are referenced to the North American Vertical Datum of 1988. These flood elevations must be compared to structure and ground elevations referenced to the same vertical datum. For information regarding conversion between the National Geodetic Vertical Datum of 1929 and the North American Vertical Datum of 1988, visit the National Geodetic Survey website at http://www.ngs.noaa.gov or contact the National Geodetic Survey at the following address: NGS Information Services NOAA, N/NGS12 National Geodetic Survey SSMC -3, #9202 1315 East-West Highway Silver Spring, Maryland 20910-3282 (301) 713-3242 To obtain current elevation, description, and/or location information for bench marks shown on this map, please contact the Information Services Branch of the National Geodetic Survey at (301) 713- 3242, or visit its website at http://www.ngs.noaa.gov. Base map information shown on this FIRM was derived from NAIP Orthophotograph produced with a one meter ground resolution from photography dated 2013. The profile baselines depicted on this map represent the hydraulic modeling baselines that match the flood profiles in the FIS report. As a result of improved topographic data, the profile baseline, in some cases, may deviate significantly from the channel centerline or appear outside the SFHA. This map reflects more detailed and up-to-date stream channel configurations than those shown on the previous FIRM for this jurisdiction. The floodplains and floodways that were transferred from the previous FIRM may have been adjusted to conform to these new stream channel configurations. As a result, the Flood Profiles and Floodway Data tables for multiple streams in the Flood Insurance Study Report (which contains authoritative hydraulic data) may reflect stream channel distances that differ from what is shown on this map. Corporate limits shown on this map are based on the best data available at the time of publication. Because changes due to annexations or de -annexations may have occurred after this map was published, map users should contact appropriate community officials to verify current corporate limit locations. Please refer to the separately printed Map Index for an overview map of the county showing the layout of map panels; community map repository addresses; and a Listing of Communities table containing National Flood Insurance Program dates for each community as well as a listing of the panels on which each community is located. For information on available products associated with this FIRM visit the Map Service Center (MSC) website at http://msc.fema.gov. Available products may include previously issued Letters of Map Change, a Flood Insurance Study Report, and/or digital versions of this map. Many of these products can be ordered or obtained directly from the MSC website. If you have questions about this map, how to order products, or the National Flood Insurance Program in general, please call the FEMA Map Information eXchange (FMIX) at 1-877-FEMA-MAP (1-877-336-2627) or visit the FEMA website at http://www.fema.gov/business/nfip. 10 40° 30' C 448 3000 m N 4482000mN 4481000 m N 448O000mN 4479000m N 4478000m N 4477000m N 40° 26' 11 5nn000m� 5'000m 57d000m� 59r000m p 526000MF 3210000 FT 3215000 FT 3220000 FT 3225000 FT NOTE: MAP AREA SHOWN ON THIS PANEL IS LOCATED WITHIN TOWNSHIP 6 NORTH. 30' 00" 425000 FT 420000 FT 1415000 FT 1410000 FT 1405000 FT °26'15" 5" INUNDATION BY THE 1% ANNUAL CHANCE FLOOD The 1% annual chance flood (100 -year flood), also known as the base flood, is the flood that has a 1% chance of being equaled or exceeded in any given year. The Special Flood Hazard Area is the area subject to flooding by the 1% annual chance flood. Areas of Special Flood Hazard include Zones A, AE, AH, AO, AR, A99, V, and VE. The Base Flood Elevation is the water -surface elevation of the 1% annual chance flood. ZONE A No Base Flood Elevations determined. ZONE AE Base Flood Elevations determined. ZONE AH Flood depths of 1 to 3 feet (usually areas of ponding); Base Flood Elevations determined. ZONE AO Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths determined. For areas of alluvial fan flooding, velocities also determined. ZONE AR Special Flood Hazard Areas formerly protected from the 1% annual chance flood by a flood control system that was subsequently decertified. Zone AR indicates that the former flood control system is being restored to provide protection from the 1% annual chance or greater flood. ZONE A99 Area to be protected from 1% annual chance flood by a Federal flood protection system under construction; no Base Flood Elevations determined. ZONE V Coastal flood zone with velocity hazard (wave action); no Base Flood Elevations determined. ZONE VE Coastal flood zone with velocity hazard (wave action); Base Flood Elevations determined. FLOODWAY AREAS IN ZONE AE The floodway is the channel of a stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1% annual chance flood can be carried without substantial increases in flood heights. OTHER FLOOD AREAS ZONE X Areas of 0.2% annual chance flood; areas of 1% annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance flood. OTHER AREAS ZONE X Areas determined to be outside the 0.2% annual chance floodplain. ZONE D Areas in which flood hazards are undetermined, but possible. COASTAL BARRIER RESOURCES SYSTEM (CBRS) AREAS OTHERWISE PROTECTED AREAS (OPAs) CBRS areas and OPAs are normally located within or adjacent to Special Flood Hazard Areas. 1% Annual Chance Floodplain Boundary 0.2% Annual Chance Floodplain Boundary Floodway boundary Zone D boundary • • • • • • • • • • • • • CBRS and OPA boundary Boundary dividing Special Flood Hazard Area Zones and boundary dividing Special Flood Hazard Areas of different Base Flood Elevations, flood depths, or flood velocities. - 513 "^-- Base Flood Elevation line and value; elevation in feet* (EL 987) Base Flood Elevation value where uniform within zone; elevation in feet* *Referenced to the North American Vertical Datum of 1988 A A Cross section line Transect line 45° 02' 08", 93' 02' 12° Geographic coordinates referenced to the North American Datum of 1983 (NAD 83) Western Hemisphere 3100000 FT 5000 -foot ticks: Colorado State Plane Central Zone (FIPS Zone 0502), Lambert Conformal Conic projection 4989000m N 1000 -meter Universal Transverse Mercator grid values, zone 13 DX551 0 X Bench mark (see explanation in Notes to Users section of this FIRM panel) 'M1.5 River Mile MAP REPOSITORIES Refer to Map Repositories list on Map Index EFFECTIVE DATE OF COUNTYWIDE FLOOD INSURANCE RATE MAP January 20, 2016 EFFECTIVE DATE(S) OF REVISION(S) TO THIS PANEL For community map revision history prior to countywide mapping, refer to the Community Map History table located in the Flood Insurance Study report for this jurisdiction. To determine if flood insurance is available in this community, contact your insurance agent or call the National Flood Insurance Program at 1-800-638-6620. MAP SCALE 1" = 1000' 500 0 1000 2000 FEET METERS 300 0 300 600 11I�1 111111111 11111 FIRM FLOOD INSURANCE RATE MAP WELD COUNTY, COLORADO AND INCORPORATED AREAS PANEL 1530 OF 2250 (SEE MAP INDEX FOR FIRM PANEL LAYOUT) CONTAINS: COMMUNITY NUMBER PANEL SUFFIX GREELEY, CITY OF 080184 1530 E WELD COUNTY 080266 1530 E Notice to User: The Map Number shown below should be used when placing map orders; the Community Number shown above should be used on insurance applications for the subject community. MAP NUMBER +°6 08123C1530E x �w EFFECTIVE DATE o��t=1ND S�G�4 JANUARY 20, 2016 Federal Emergency Management Agency 1111: I 1111: I..14 :. 11 i I I I•. I! I; I I11: I !- lit': I! I 11 1 1 1 1.11= I 11 1 II 1; 1; 1+ I 11 1 1 Ill I;i 11 1 111: 1 111: I! 1111: I- 1111: I- I I II '111111= Iry; I II '1 I• I I- I I I I 11 '1 1 1 1 i 1! I+ V ELE' [_O}UNT', I II 1 11 11 1+ 1111: I 111 .1IIIiI;I= 1111: I! I I I1 11 1 = 1+ }fr II1': I_'- / 11 1 I I rI 1 I;1 Etn ' 111' I' - f ill':).l=' 1111: I! 111.1 II II I N 1 111: !- i.,11 r;{, :r 1 1 11 •I III 1 I1= r ,' --- 1111: I- 1111: Greeley I II '1 III ; I;i I I II •1 III I III 111: I! III' I I I II I r. ' 1111: 1_ 111 1 : I USGS:WBD - Watershed Boundary Dataset. Data refreshed,January, 20211.,'USGS'Thb'National Map: National I II •I III ; I;. 1= BounFal�igs Dlataset, 3DEP Elevation Program, Geographic Nam.es Information System, National Hydrography Dataset, National Land Cover Database, National Strulcijres Dataset, and National Transportation Dataset; USGS 111 : I ! GlobalEcosystems; US. Census Bureau TIGER/Line daifia;,U$FiS; Rgad, Data; Natural Earth Data; U.S. Departrrpent of I II 1 I I I;. I;. I State•Humanitariar Jn ormgtion Unit; and NOAA National Centers for Environmental Informatign,.�1F�.IG4astal I I11 I I I •1 III ' I = 1= Relief Model. Data refreshed May, 2020. I ! -I II III ; I;i I+ APPENDIX B NOAA ATLAS POINT PRECIPITATION FREQUENCY ESTIMATES HYDRAULIC COMPUTATIONS 2/21/2021 Precipitation Frequency Data Server NOAA Atlas 14, Volume 8, Version 2 c,. Location name: Greeley, Colorado, USA* Latitude: 40.4798°, Longitude: -104.7146° Elevation: 4737.36 ft** source: [SRI Maps ' ^ m ** source: USGS POINT PRECIPITATION FREQUENCY ESTIMATES Sanja Perica, Deborah Martin, Sandra Pavlovic, Ishani Roy, Michael St. Laurent, Carl Trypaluk, Dale Unruh, Michael Yekta, Geoffery Bonnin NOAH, National Weather Service, Silver Spring, Maryland PF tabular I PF graphical I Maps & aerials PF tabular PDS-based point precipitation frequency estimates with 90% confidence intervals (in inches)1 Average recurrence interval (years) Duration 1 2 5 1 2 10 25 50 100 200 500 1000 �� 5 -min 0.242 0.292 0.388 (0.199-0.295) (0.240-0.357) (0.318-0.477) 0.482 (0.391-0.595) 0.631 0.761 (0.499-0.834) (0.581-1.01) 0.924 1.12 (0.731-1.22) (0.851-1.49) 0.906 (0.661-1.24) 1.07 1.30 1.49 (0.738-1.50) (0.856-1.89) (0.946-2.18) 1.56 1.91 2.19 (1.08-2.20) (1.25-2.76) (1.39-3.19) 10 -min 0.354 0.427 0.569 (0.291-0.433) (0.351-0.523) (0.465-0.698) 0.706 (0.573-0.871) 1.33 (0.968-1.82) 15 -min 0.432 0.521 0.694 (0.355-0.528) (0.428-0.638) (0.567-0.851) 1.13 1.36 (0.892-1.49) (1.04-1.81) 1.91 2.32 2.67 (1.32-2.69) (1.53-3.37) (1.69-3.89) 0.861 (0.699-1.06) 1.62 (1.18-2.22) 1.16 (0.939-1.43) 2.18 (1.59-2.99) 30 -min 0.582 0.701 0.932 (0.479-0.712) (0.576-0.858) (0.762-1.14) 1.52 1.83 (1.20-2.01) (1.40-2.45) 2.58 3.15 3.62 (1.78-3.63) (2.07-4.57) (2.29-5.28) 60 mm 0.723 (0.595-0.884) 0.862 (0.708-1.06) 1.14 (0.932-1.40) 1.42 (1.15-1.75) 1.87 2.28 (1.49-2.49) (1.75-3.06) 2.74 (2.00-3.77) 3.25 4.01 4.64 (2.25-4.60) (2.64-5.84) (2.94-6.77) 2 -hr 0.864 (0.715-1.05) 1.02 (0.845-1.24) 1.35 (1.11-1.64) 1.68 (1.37-2.06) 2.23 2.73 (1.79-2.96) (2.11-3.64) 3.29 (2.43-4.50) 3.93 4.87 5.66 (2.75-5.52) (3.25-7.03) (3.62-8.18) 3 -hr 0.945 (0.785-1.14) 1.11 (0.920-1.34) 2.42 2.96 (1.95-3.19) (2.30-3.93) 4.29 5.34 6.23 (3.02-6.00) (3.58-7.68) (4.01-8.94) 1.46 (1.20-1.76) 1.81 (1.49-2.21) 3.59 1(2.66-4.88) 6 -hr 1.08 (0.900-1.29) 1.29 (1.07-1.54) 2.77 3.36 (2.24-3.60) (2.62-4.39) 4.75 5.84 6.74 (3.37-6.56) (3.95-8.29) ( 4.38-9.59) 1.70 (1.41-2.04) 2.10 (1.74-2.54) 4.01 (3.00-5.39) 12 -hr 1.26 (1.06-1.50) 1.51 (1.27-1.80) 3.10 3.70 (2.51-3.96) (2.90-4.77) 3.42 4.03 (2.79-4.31) (3.18-5.13) 5.07 6.10 6.95 (3.62-6.89) (4.16-8.54) (4.57-9.79) 5.41 6.46 7.32 (3.90-7.29) (4.45-8.95) (4.86-10.2) 1.98 (1.65-2.36) 2.42 (2.01-2.90) 4.35 (3.27-5.75) 24 -hr 1.51 (1.28-1.78) 1.77 (1.50-2.09) 2.26 (1.90-2.67) 2.71 (2.27-3.23) 4.69 (3.55-6.13) 2 -day 1.74 (1.49-2.04) 2.05 (1.74-2.40) F 3.81 4.42 (3.11-4.73) (3.51-5.56) 5.79 6.80 7.61 (4.20-7.69) (4.72-9.30) (5.11-10.5) 2.59 (2.19-3.04) 3.07 (2.59-3.63) 5.08 (3.87-6.56) 3 -day 1.91 (1.63-2.23) 2.21 (1.89-2.58) 3.99 4.61 (3.27-4.93) (3.67-5.76) F 4.16 4.79 (3.42-5.11) (3.82-5.95) 5.99 7.01 7.83 (4.38-7.92) (4.90-9.53) (5.29-10.8) 6.17 7.19 8.01 (4.52-8.12) (5.04-9.73) (5.43-11.0) 2.76 (2.34-3.23) 3.25 (2.75-3.82) 5.28 (4.04-6.77) 4 -day 2.03 (1.74-2.36) 2.35 (2.01-2.73) 2.91 (2.48-3.39) F 3.41 (2.89-3.99) 5.45 (4.19-6.97) 7 -day 2.30 (1.98-2.65) 2.69 (2.31-3.11) 4.72 5.36 (3.88-5.71) (4.30-6.58) 6.72 7.67 8.41 (4.95-8.72) (5.41-10.2) (5.76-11.4) 3.35 (2.87-3.88) 3.91 (3.33-4.55) 6.03 (4.65-7.59) 10 -day 2.54 (2.19-2.91) 2.98 (2.58-3.43) 5.18 5.84 (4.26-6.21) (4.68-7.11) 6.24 6.95 (5.16-7.38) (5.61-8.35) 7.18 8.08 8.76 (5.30-9.23) (5.72-10.7) (6.03-11.8) 8.32 9.20 9.86 (6.19-10.6) (6.57-12.0) (6.86-13.2) 3.72 (3.20-4.29) 4.33 (3.70-5.02) 6.50 (5.03-8.12) 20 -day 3.25 (2.83-3.71) 3.78 (3.28-4.31) 4.63 (4.01-5.29) 5.31 (4.57-6.11) 7.63 (5.94-9.42) 30 -day 3.83 (3.34-4.34) 4.41 (3.85-5.01) F 7.10 7.85 (5.89-8.34) (6.37-9.37) 9.30 10.2 10.9 (6.96-11.7) (7.34-13.3) (7.62-14.4) 5.34 (4.64-6.08) 6.09 (5.27-6.97) 8.58 (6.71-10.5) 45 -day 4.51 (3.96-5.09) 5.19 (4.54-5.86) 8.24 9.77 (6.86-9.61) (7.39-10.8) 10.6 11.6 12.3 (8.00-13.3) (8.38-15.0) (8.67-16.2) 6.25 (5.46-7.09) 7.11 (6.17-8.09) 9.86 (7.75-12.0) 60-d 5.05 (4.45-5.69) 5.83 (5.12-6.57) 7.05 (6.17-7.96) 8.01 (6.97-9.09) 9.27 10.2 (7.73-10.8) (8.31-12.0) 11.0 (8.70-13.4) 11.9 12.9 13.6 (8.95-14.8) (9.34-16.5) (9.63-17.8) Precipitation frequency (PF) estimates in this table are based on frequency analysis of partial duration series (PDS). Numbers in parenthesis are PF estimates at lower and upper bounds of the 90% confidence interval. The probability that precipitation frequency estimates (for a given duration and average recurrence interval) will be greater than the upper bound (or less than the lower bound) is 5%. Estimates at upper bounds are not checked against probable maximum precipitation (PMP) estimates and may be higher than currently valid PMP values. Please refer to NOAA Atlas 14 document for more information. Back to Top PF graphical https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_printpage.html?lat=40.4798&Ion=-104.7146&data=depth&units=english&series=pds 1/4 2/21/2021 Precipitation Frequency Data Server PDS-based depth -duration -frequency (DDF) curves Latitude: 40.4798°, Longitude: -104.7146' 14 �:;erage recurren:e Interal Nears; 2 D C C C C_ C >, >, >, >, >, >, >, >, >, u O O ^1 N N r r N O O O Lh O -1 Hi f1 o - N r r Du ration 14 12 10 2 D _.......................... .....: ......... ............. r 1 2 5 10 25 50 100 200 500 1000 Average recurrence interval (years) NOAA Atlas 14, Volume 6, Version 2 Created (GMT): Sun Feb 21 23:42:54 2021 Back to Top Maps & aerials Small scale terrain — 1 2 —5 10 25 50 100 200 500 1000 Duration bAnIn — 2 -day — 10-111u1 — 3 -day I b-mmrl — 4 -day 3a Irun — ,-day. — C0-irlin — 10 -day 2 -hl — 20 -day ,1-IlI — 30 -day — 6 -Ill — 4b -day 12 -hr — CO -day 24 -hr https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_printpage.html?lat=40.4798&Ion=-104.7146&data=depth&units=english&series=pds 2/4 2/21/2021 Precipitation Frequency Data Server rn 3km 2 m i +' L .4 A Large scale terrain o -a Cheyenne 7*• ' or£C6TIihs I I.,oFlgb eeICw- :4395: Longmont ar •Denver 100km 60mi Large scale map Cheyenne Fort Collins —r.Gweley 1 Longmont Boulder pertver 100km 60mi Large scale aerial ue� https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_printpage.html?lat=40.4798&Ion=-104.7146&data=depth&units=english&series=pds 3/4 2/21/2021 Precipitation Frequency Data Server Back to Top US Department of Commerce National Oceanic and Atmospheric Administration National Weather Service National Water Center 1325 East West Highway Silver Spring, MD 20910 Questions?: HDSC.Questions@noaa.gov Disclaimer https:Hhdsc.nws.noaa.gov/hdsc/pfds/pfds_printpage.html?lat=40.4798&Ion=-104.7146&data=depth&units=english&series=pds 4/4 2/21/2021 COUNTY ROAD 37 SOLAR GARDEN PROJECT CORE Project #: 20-192 Prepared By: Mike Guiffre IMPERVIOUS CALCULATIONS -REFERENCE UDFCD Vol.1 RUNOFF Table 6-3 Residential & Commercial Lawns Historic 2.00 Single Family Other Clay Soil Soil Type N/A N/A SOLAR BASE ONCRETE P Roof Streets: Paved Gravel 2-7% Slope >7% Slope Soil Type A Area Soil Type B Area Soil Type C Area Imperv. 65.00% 65.00% 90.00% 90.00% 90.00% 100.00% 40.00% 2.00% 2.00% Design Total Percent BASIN Point Area Area Area Area Area Area Area Area Area Area Area Impervious Area Area EX0I EXI - - - - 0.09 1.01 0.03 - - 85.55 86.68 3.2% 86.682 - - - - - - - - - - - - - - - - A0l A0l - - 0.21 0.01 0.12 1.01 0.41 - - 84.92 86.68 3.7% 86.682 - - TOTAL 0.00 0.00 0.21 0.01 0.21 2.02 0.44 0.00 0.00 170.47 173.36 3.5% CORE Consultants, Inc. COUNTY ROAD 37 SOLAR GARDEN PROJECT CORE Project#: 20-192 r.,hr-R,, Ir.,:rri ry::::,i,::,h::rp;ar Prepared By: Mike Guiffre ii COMPOSITE DEVELOPED BASIN WEIGHTED „C„ CALCULATIONS ., .�s,.r� -REFERENCE UDFCD Vol.1 RUNOFF Table 6-4 i = % imperviousness/100 expressed as a decimal ° `' " Total Weighted Runoff Coefficients, C CA = Runoff coefficient for NRCS HSG A soils " 4111 " '' 41 41" " "' " "' 11 4141 11 1 ° "'°' " "„ 1) 411 4111`' " ` ' " ` 2 -Year 5 -Year 10 -Year 100 -Year CB = Runoff coefficient for NRCS HSG B soils Ccp = Runoff coefficient for NRCS HSG C and D soils. 0.01 0.01 0.01 0.14 Natural Resource Conservation Service (NRCS) Basin ID % Imperv. I Soil Type Runoff Coefficients, C Basin Area Total Area Weighted Runoff Coefficients, C 2 -Year 5 -Year 10 -Year 100 -Year 2 -Year 5 -Year 10 -Year 100 -Year A 0.01 0.01 0.01 0.14 86.68 EX01 3.2% 0.03 B 0.02 0.02 0.08 0.44 86.68 0.01 0.01 0.01 0.14 C or D 0.02 0.06 0.16 0.50 A 0.01 0.01 0.01 0.14 86.68 A01 3.7% 0.04 B 0.02 0.02 0.09 0.44 86.68 0.01 0.01 0.01 0.14 C or D 0.02 0.07 0.16 0.50 COUNTY ROAD 37 SOLAR GARDEN PROJECT CORE Project #: 20-192 Prepared By: Mike Guiffre TIME OF CONCENTRATION CALCULATIONS -REFERENCE UDFCD Vol.1 Section 2.4 NRCS Conveyance factors, K -REFERENCE UDFCD Vol. 1 RUNOFF Table 6-2 SF -2 Heavy Meadow 2.50 Short Grass Pasture & Lawns 7.00 Grassed Waterway 15.00 Tillage/field 5.00 Nearly Bare Ground 10.00 Paved Area & Shallow Gutter 20.00 SUB -BASIN DATA INITIAL/OVERLAND TIME CHANNEL/TRAVEL TIME T(t) T(c) CHECK (URBANIZED BASINS) FINAL T(c) DRAIN BASIN AREA ac. C(5) Length ft. Elev Change Slope % T(i) min Length ft. Elev Change Slope % Coeff. Velocity fps T(t) min. COMP. T(c) % IMPER- VIOUS USDCM Eq . 6-5 min. EX01 86.68 0.01 300 12.5 4.2 21.3 3427 16.1 0.5 5.0 0.3 166.8 188.1 3.2% 113.7 113.7 A01 86.68 0.01 300 12.5 4.2 21.2 3427 16.1 0.5 5.0 0.3 166.8 188.0 3.7% 113.0 113.0 COUNTY ROAD 37 SOLAR GARDEN PROJECT CORE Project #: 20-192 Prepared By: Mike Guiffre RATIONAL METHOD PEAK RUNOFF 10 -Year STORM Rainfall Depth -Duration -Frequency (1 -hr) = 1.42 SF -3 -REFERENCE UDFCD Vol. 1 EQ 5-1 & EQ 6-1 BASIN INFORMATON DIRECT RUNOFF DESIGN POINT DRAIN BASIN AREA ac. 1 Oyr Runoff COEFF T(c) min CxA A I in/hr Q cfs EX1 EX0 1 86.68 0.01 113.7 1.11 0.92 1.01 A01 A01 86.68 0.01 113.0 1.28 0.92 1.18 COUNTY ROAD 37 SOLAR GARDEN PROJECT CORE Project #: 20-192 Prepared By: Mike Guiffre RATIONAL METHOD PEAK RUNOFF 100-YR STORM SF -3 Rainfall Depth -Duration -Frequency (1 -hr) = 2.74 -REFERENCE UDFCD Vol. 1 EQ 5-1 & EQ 6-1 BASIN INFORMATON DIRECT RUNOFF DESIGN POINT DRAIN BASIN AREA ac. 100YR RUNNOF COEFF T(c) min CxA A I in/hr Q cfs EX1 EX01 86.682 0.135 113.66 11.731 1.771 20.77 A01 A01 86.68 0.14 113.05 12.013 1.777 21.35 APPENDIX C WELD COUNTY DRAINAGE REPORT CHECKLIST Project Name: The purpose of this checklist is to assist the applicant's Engineer with developing a drainage report that supports the intent of the Weld County Code using commonly accepted engineering practices and methodologies. Is the project in the MS4? ❑Yes ❑ No If yes, the following requirements in blue apply. See Chapter 8, Article IX of the Weld County Code. Report Content ❑Weld County Case Number ❑ Certificate of Compliance signed and stamped by a Colorado Licensed PE LII Description/Scope of Work ❑ Location (County Roads, S -T -R) ❑ Nearby water features and ownership ❑ Total acres vs. developed acres ❑ Hydrological soil types/maps ❑ FEMA Flood Zones ❑ Urbanizing or non -urbanizing ❑ Methodologies used for report & analysis (full spectrum is not accepted) ❑ Base Design Standard used for permanent control measure design in the MS4 ❑ Discussion of offsite drainage routing ❑ Conclusion statement indicating that the design will adequately protect public health, safety, and general welfare and have no adverse impacts on public rights -of -way or offsite properties Hydrology and Hydraulic Analysis ❑ Design Storm / Rainfall Information (NOAA Atlas or Local Data) ❑ Release Rate calculations ❑ Post construction site imperviousness ❑ Hydrologic calculations (historic & developed basins) ❑ Hydraulic calculations for proposed drainage improvements (swales, culverts, riprap, pond, outlet, spillway, WQCV outlet, etc.) ❑ Detention/WQCV calculations Comments: Construction Drawings ❑ Stamped by PE ❑ Engineering scale & north arrow ❑ Property lines, rights -of -way, and easements ❑ 1' Contours & elevations (existing & proposed) ❑ Pre- and post -development drainage basins ❑ Arrows depicting flow direction ❑ Time of concentration critical path ❑ Drainage design points ❑ Improvements labeled ❑ Permanent control measure and associated drainage features labeled 'No Build/No Storage', include design volume ❑ Cross sections for open channels, profiles for pipes ❑ Elevations for inverts, flow lines, top of grates, orifice(s), etc. ❑ Pipe specs (size, material, length, slope) ❑ Outlet and spillway details Maintenance Plan ❑ Frequency of onsite inspections ❑ Repairs, if needed ❑ Cleaning of sediment and debris ❑ Vegetation maintenance ❑ Manufacturer maintenance specifications, if applicable Other Required Documents (If Applicable) ❑ Variance Request and documentation— explain hardship, applicable code section, and proposed mitigation. Variances will not be granted for the Base Design Standard requirement in the MS4. Department of Public Works I Development Review 1111 H Street, Greeley, CO 80631 Ph: 970-304-6496 www.weldgov.com/departments/public_works/development_review 8/14/2019 BACK POCKET DRAINAGE MAPS �� \OO -� H Iii N \ N EX. BUILDINGS __ _ N _ \ N III � � �\ i III 4733 N \\ \ -' ¢732 \\ �� \ / V 1 EX01 ► \ �; ;\ 86.68AC 3.2% \ >� f II ` \ PROPERTY BOUNDARY 1 II \ \ 3 473 ' \ 1 \ r 1 ✓ r 1 I \ \ \ 1 \ \ 0 ( H11 \ I \ 1 I / / \ / \ \ '' ' I I N 1 I I �f,�\\ •%\\\ \ V ' f 0 150' 300' 1 inch = 150 ft. LEGEND EXISTING PROPOSED X X BASIN DESIGNATION 5 YEAR COEFFICIENTS AREA 0.45 AREA 0.45 XX.X XX.X 0.60 0.60 100 YEAR COEFFICIENTS \ \ DESIGN POINT -� -� DIRECTIONAL FLOW ARROW • • • • • N E E N E PROPOSED DRAINAGE BASIN • • • • • E M E N E EXISTING DRAINAGE BASIN 5280 PROPOSED MAJOR CONTOUR 5279 PROPOSED MINOR CONTOUR 5280 EXISTING MAJOR CONTOUR - - - - 5279- - - - - EXISTING MINOR CONTOUR EASEMENT — — RIGHT OF WAY (R.O.W.) CENTERLINE PROJECT BOUNDARY W ce z UW O J W W > z >- o U z W CO a z = W CL U z z >- 00 0 O a0 U J�U ui Nao�p zoo�U omocjD oMwoO O Z0> U M W M up O V V) W Z D C z F — w Z W 0 O~ yV W MO O � Q � 0 >- I- z 0 V DATE: 02/22/21 CREATED BY: MJG JOB NO. 20-192 SHEET 1 / WELD COUNTY RD 68 th H1 �Wlfl I A136 / 4135 f / I J�ti f I SOUTH ACCESS TIME OF CONCENTRATION CRITICAL PATH O O VARYING WIDTH SETBACK \ \ III Ii L d N p. 1200' ' VTC FOR NORTH SITE CONNECT EXISTING 4734 v 4733 1 � O \•EX. BUILDINGS 200' \ NORTH ACCESS GATE / \ \ O o O A01 86.68 AC 3.7% O O HHH STORAGE CONTAINERS ,10'X40' CRUSHED GRAVEL PARKING AREA 10'X20' PARKING SPOT, TYP. TEMP. CONSTRUCTION TRAILER UTILITY POLE, TYP. O O 1 r l 5 1 I 2 I A r A cr SOLAR ARRAY, TYP. PROPERTY BOUNDARY \\\\\ VARYING WIDTH SETBACK \ ` \ 8' TALL CHAIN LINK FENCE WITH \ �j \� SCREENING SLATS, TYP. po �` 12 'BUFFER FROM SOLAR ARRAY SEE DETAIL ON SHEET 7 O \ \ A PROPERTY BOUNDARY HHHHJ_ \\ \ '4756 O O \ \\ O \ \ 4755 60' FIRE TRUCK HAMMERHEAD TURN AROUND \ \ PER DETAIL SHEET 6 i Hgggg gggg \\1 ` \ IHNHHH ODUITMANHOLE U \ \ AREA LIGHT WITH SHIELD IN COMPLIANCE WITH `\ \ �\ DARK SKY POLICY, TYP. SEE SHEET 6 FOR LIGHTING PLAN o o \ \\ \ SOUTH ACCESS GATE ` SEE DETAIL ON SHEET 7 IIB a c c c Um c c c c o INVERTER BANKS WITH TRANSFORMER ON 20' X 10' CONCRETE PADS \ `\ // 9 % AREA LIGHT WITH SHIELD IN COMPLIANCE WITH DARK SKY POLICY, TYP. SEE SHEET 6 FOR LIGHTING PLAN rl/ \ X INVERTER BANKS WITH TRANSFORMER ON I\ \/ 20' X 10' CONCRETE PADS LU II. I l I / / i-1 1 I r / _�� ) / I / I /11. "`sue \ \ \ ' \\ \, / \\A/'I \ 4164 0 150' 300' 1 inch = 150 ft. 1 rnrKIP'1 EXISTING PROPOSED X x BASIN DESIGNATION AREA 0.45 5 YEAR COEFFICIENTS AREA 0.45 XX.X XX.X 0.60 0.60 100 YEAR COEFFICIENTS U U .......... .......... 5280 5279 5280 ----5279----- DESIGN POINT DIRECTIONAL FLOW ARROW PROPOSED DRAINAGE BASIN EXISTING DRAINAGE BASIN PROPOSED MAJOR CONTOUR PROPOSED MINOR CONTOUR EXISTING MAJOR CONTOUR EXISTING MINOR CONTOUR EASEMENT RIGHT OF WAY (R.O.W.) CENTERLINE PROJECT BOUNDARY W ce I - z Q W O J W > z W � (� U O � J z W CO Q z = J W CL U z I- >- QO O JU Lu NQovp zOO�U m QOcjD LuMW0O Ovzo> U M W Co up O V cn w Z a a w V) 0 0 W 0 oc O~ yV W MO O � a � 0 >- I- z O V DATE: 02/22/21 CREATED BY: MJG JOB NO. 20-192 SHEET 1 r 1 _1 SOLAR Environmental Health Questionnaire County Road 37 Solar Garden Project Weld County Colorado Environmental Health Questionnaire Answers to the Environmental Health Questionnaire as provided in the USR Procedural Guide are provided below. 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. The Project Area does not have an existing potable water source. There is no proposed potable water source. During construction potable water will be brought to the site by ECA Solar and its contractors. 2. Discuss the existing and proposed sewage disposal system. What type of sewage disposal system is on the property? If utilizing an existing on -site wastewater treatment system, provide the on -site wastewater treatment permit number. (If there is no on -site wastewater treatment permit due to the age of the existing on -site wastewater treatment system, apply for a on -site wastewater treatment permit through the Department of Public Health and Environment prior to submitting this application.) If a new on -site wastewater treatment system will be installed, please state "a new on -site wastewater treatment system is proposed." (Only propose portable toilets if the use is consistent with the Department of Public Health and Environment's portable toilet policy.) There is no existing on -site sewage disposal system. Neither the construction nor operation of the Project is not anticipated to require a sewage disposal system. ECA or its contractors will provide portable toilets during construction. 3. If storage or warehousing is proposed, what type of items will be stored? ECA Solar and Xcel Energy, Inc. will require up to two storage containers approximately 50 -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. 4. Describe where and how storage and/or stockpile of wastes, chemicals, and/or petroleum will occur on this site. During construction wastes will be stored in appropriate waste receptacles such as dumpsters. ECA Solar 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 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. r 1 ..1 SOLAR Environmental Health Questionnaire County Road 37 Solar Garden Project Weld County Colorado Up to 1000 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. Up to 1000 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. 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. 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.). 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.). Refer to Document 23 for information regarding maintenance during operations. 10. Provide a nuisance management plan if applicable (e.g. dairies, feedlots, etc.). A nuisance management plan is not applicable to the Project. 11. Additional information may be requested depending on type of land use requested. Please see Document 24 for additional information regarding wildlife and Waters of the U.S. in the Project Area. Please provide this information to CPW for review. r 1 ..1 SOLAR NOISE STUDY Noise Study County Road 37 Solar Garden Project Weld County Colorado ECA Solar d/b/a ECA CO Greeley, LLC (ECA Solar) is proposing to construct and operate the County Road 37 Solar Garden Project (Project) in unincorporated Weld County, Colorado. The Project includes construction of 5 Megawatts (MW) of solar electric generation on a 79.01 -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). 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 therefrom 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 7am 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 WCC 14-9-40: Maximum Permissible Noise Levels. B. 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. r 1 ..1 SOLAR 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) Noise Study County Road 37 Solar Garden Project Weld County Colorado C. 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. D. 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 noise in Speed Limit 35 mph or less zone Maximum noise in Speed Limit over 35 mph zone Over 10,000 lbs. 86 dB(A) 90 dB(A) Any other vehicle 80 dB(A) 84 dB(A) PROJECT NOISE Temporary noise impacts during construction would occur during daylight hours through the operation of construction equipment, including, but not limited to, passenger vehicles, earthmoving equipment, 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. 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 after USR approval, but typical emissions from industrial PV inverters range from 48 to 72 dB(A) at a distance of 10 feet (Tech Environmental 2012). Within this range, inverter sound levels are generally indistinguishable from background noise levels at a distance of 150 feet from the inverter (Tech Environmental 2012). For comparison, a garbage disposal can produce around 80 dB, a vacuum cleaner around 70dB, and an air conditioner around 60 dB (CCOHS 2020). 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. r 1 ..1 SOLAR CONCLUSION Noise Study County Road 37 Solar Garden Project Weld County Colorado 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 CCOHS (Canadian Centre of Occupational Health and Safety). 2020. Noise — Basic Information. Available at https://www.ccohs.ca/oshanswers/phys_agents/noise_basic.html. Accessed June 8, 2020. 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. CORE August 31, 2021 Michael Hall Department of Planning Services 1555 N. 17th Ave. Greeley, CO 80631 RE: ECA CO Greeley, LLC USR Solar Application Response to March 19, 2021 Completeness Review Dear Mr. Hall: Thank you for the review of the ECA Solar d/b/a ECA CO Greely, LLC (ECA Solar) Use by Special Review (USR) application for the proposed County Road 37 Solar Garden Project (Project). The application was received by Weld County and reviewed on March 19, 2021. Thus, a Completeness Review was conducted forthe Project and a list ofcommentswere provided, requesting addition information. The attached Completeness Review contains the comments, followed by our response. Any additional documentation requested for the USR is contained within the attachments listed below. In addition to the response to comments, ECA Solar received a separate comment from the county pertaining to the treatment of noxious weeds for the site. ECA Solar has contracted with Weeds Commercial Mowing to perform services to remove the Canadian thistle from the property. This contractor treated the property with herbicide the week of August 16th and then completed the mowing on August 27, 2021. We appreciate your examination of this Completeness Review. Should you determine that additional items are required orhave any questionsduring this review process, please contact me at 303-730-5978 or at chaas@liveyourcore.com Sincerely, CORE Consultants, Inc. Chris Haas Principal Attachments: Completeness Review with Comments 3473 South Broadway Englewood, Colorado 80113 303.703.4444 LIVEYOURCORE.COM WELD COUNTY Completeness Review SUBMITTAL DATE: February 22, 2021 REVIEW DATE: March 19, 2021 TYPE OF APPLICATION: USR - Medium Scale Solar Facility (PRE20-0185) OWNER: OLANDO, LLC c/o Ed Orr APPLICANT: ECA CO GREELEY, LLC c/o Todd Fyatt AGENT: Vincent Moschella or Martha Diezemann PARCEL NUMBER: 080319200011 LEGAL DESCRIPTION: Lot B of RECX18-0151, being part of the NW4 of S19 of T6N, R65W PLEASE NOTE: The following completeness review notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the following notes may not identify all issues. even major ones that may be raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning Services. Please submit a copy of this form when you submit the revisions to your Land Use Application. If you have any questions regarding the process and/or application, please call Michael at 970- 400-3528 or email at mhall @co.weld.co.us REVIEW: Please submit the below listed items to the Department of Planning Services REVIEW STAFF: Planning: Michael Hall mhall(�co.weld.co.us 970-400-3528 Public Health: Lauren Light Ilight(a�co.weld.co.us 970-400-2211 Public Works: Zack Roberson zroberson(a-co.weld.co.us 970-400-3773 Staff has reviewed the USR application submittal and has the following comments: PLANNING COMMENTS: 1. Submit documentation that allows Ed Orr to sign the Authorization Form on behalf of Olando, LLC. RESPONSE: Since Weld County's review of our initial application, ECA Solar has acquired the subject property through its wholly -owned subsidiary Estromina CO Greeley Land, LLC. Please find Special Warranty Deed dated June 23, 2021 between Olando LTD Liability Company and Estromina CO Greeley Land, LLC provided as document 02 with this resubmittal. In addition, please find an Operating Agreement of Estromina CO Greeley Land LLC identifying Todd Fryatt of ECA Solar as a Managing Member of Estromina CO Greeley Land LLC as document 03 of this resubmittal. 2. Submit the signed Certificate of Conveyances (or similar Chain of Title) for this property. This document is needed prior to deeming the application complete. Once the COC is Weld County Department of Planning Services 1555 N 17th Ave, Greeley CO 80631 Phone: 970-400-6100 WELD COUNTY Completeness Review signed, it expires within 30 days. RESPONSE: Due to the acquisition of the property, ECA Solar submits documents 02 and 03 for review. Please see our response to Comment 1 above. 3. Submit the Surrounding Property Owner Buffer Report, see attached. Each page of the Buffer Report shall be signed. FYI - the County sends out notice to SPOs, the applicant is not responsible for sending notice. RESPONSE: The signed buffer report is provided as document 04 with this resubmittal. 4. Was a community meeting conducted? If so, detail efforts. RESPONSE: No community meeting has been held for the Project. 5. Submit the $2,500 USR application fee once the rest of the application is deemed complete. Checks can be made payable to WELD COUNTY PLANNING DEPARTMENT. RESPONSE: The application fee will be provided upon determination of completeness from Weld County PUBLIC WORKS COMMENTS: 6. Specify the traffic once the site has completed construction. This information is needed for the referral review. 7. The Preliminary Drainage Report has been reviewed. The Report does not provide detention for the facility. The project will need to qualify for an exemption to detention or provide detention for the improvements (Parking lot, concrete pads, containers and etc.). See Weld County Code 8-11-40 I exceptions for the 14 exceptions. This site may qualify for # 9 or # 13. ENVIRONMENTAL HEALTH COMMENTS: 8. Revise the application materials to state that portable toilets will be provided during construction. RESPONSE: ECA or its contractors will provide portable toilets during construction. The application has been updated with this information. Weld County Department of Planning Services 1555 N 17th Ave, Greeley CO 80631 Phone: 970-400-6100 CORE September29, 2021 Michael Hall Department of Planning Services 1555 N. 17th Ave. Greeley, CO 80631 RE: ECA CO Greeley, LLC USR Solar Application Response to September 16, 2021 Completeness Review Dear Mr. Hall: Thank you for the review of the ECA Solar d/b/a ECA CO Greely, LLC (ECA Solar) Use by Special Review (USR) application forthe proposed County Road 37 Solar Gard en Project (Project). Please find our responses to the second Completeness Review of our application, which was received from your office on September 16, 2021. We appreciate your examination of this Completeness Review. Should you determine that additional items are required orhave any questionsduring this review process, please contact me at 303-730-5978 or at chaas@liveyourcore.com Sincerely, CORE Consultants, Inc. Chris Haas Principal Attachments: Completeness Review with Comments 3473 South Broadway Englewood, Colorado 80113 303.703.4444 LIVEYOURCORE.COM DOCUMENT 01 RESPONSES TO WELD COUNTY COMPLETENESS REVIEW WELD COUNTY Completeness Review RESUBMITTAL DATE: August 31, 2021 REVIEW DATE: September 16, 2021 TYPE OF APPLICATION: USR - Medium Scale Solar Facility (PRE20-0185) OWNER: Estromina CO Greeley Land, LLC c/o Todd Fryatt APPLICANT: ECA CO GREELEY, LLC c/o Todd Fryatt AGENT: Vincent Moschella or Martha Diezemann PARCEL NUMBER: 080319200011 LEGAL DESCRIPTION: Lot B of RECX18-0151, being part of the NW4 of S19 of T6N, R65W PLEASE NOTE: The following completeness review notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the following notes may not identify all issues. even major ones that may be raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning Services. Please submit a copy of this form when you submit the revisions to your Land Use Application. If you have any questions regarding the process and/or application, please call Michael at 970- 400-3528 or email at mhall @co.weld.co.us REVIEW: Please submit the below listed items to the Department of Planning Services REVIEW STAFF: Planning: Michael Hall mhalkco.weld.co.us 970-400-3528 Public Health: Lauren Light Ilight(a�co.weld.co.us 970-400-2211 Public Works: Zack Roberson zroberson(a-co.weld.co.us 970-400-3773 Staff has reviewed the USR application submittal and has the following comments: PLANNING COMMENTS: 1. Submit an Authorization Form signed by Todd Fryatt, allowing Core Civil to submit documents on behalf of ECA Solar. RESPONSE: A signed Authorization Form is provided as document 02 of this resubmittal. 2. Submit the signed Certificate of Conveyances (or similar Chain of Title) for this property. Weld County Department of Planning Services 1555 N 17th Ave, Greeley CO 80631 Phone: 970-400-6100 WELD COUNTY Completeness Review This document is needed prior to deeming the application complete. Once the COC is signed, it expires within 30 days. RESPONSE: A signed Certificate of Conveyances is provided as document 03 of this resubmittal. 3. Following the first completeness review in March of 2021, Weld County adopted Ordinance 2020-20 effective June 4, 2021, which contains new and comprehensive Solar Energy Facility (SEF) requirements. As part of this process, a supplemental SEF USR checklist was created, see attached. Please submit the required documents. Also attached is ORD 2020-20 for reference. RESPONSE: CORE has provided additional information to meet the requirements of the supplemental SEF USR checklist. The Development Standards Statement is provided in document 04 of this resubmittal. An updated USR Plot Plan has been submitted and identifies the following project features: proposed location of the SEF, support structures, related improvements, and equipment; distances from the SEF to the property lot lines, above -ground power lines, and other structures; distances to residential structures in the vicinity; areas of vegetation and landscaping to be added, retained, replaced, or removed; and elevations of the proposed facility showing structures, fencing, equipment, and other improvements related to the facility, including specific materials, placement, and colors. A Dust Abatement Plan has been provided as document 23 in our original application submittal. Information on weed mitigation has been provided in our original application, including document 06 (Planning Questionnaire), document 23 (Dust Abatement Plan), and document 26 (Property Maintenance Plan). Information contained within these three documents is provided in document 05 of this resubmittal. A copy of the Solar Rewards Community Producer Agreement between ECA Solar Greeley and Xcel Energy is provided in document 06 of this resubmittal. An Alternatives Statement has been provided as document 24 (Reasonable Alternatives Analysis) in our original application submittal. A Statement of Transportation Construction Impacts is provided in document 07 of this resubmittal. A Traffic Narrative was submitted as document 19 of our original application submittal. A Drainage Letter was submitted as document 05 of CORE"s Response to March 19, 2021 Completeness Review Memo on August 31, 2021. An updated Decommissioning Plan prepared in accordance with ORD 2020-20 is provided in document 08 of this resubmittal. A Landscaping and Screening Plan was submitted as document 10 in our original Weld County Department of Planning Services 1555 N 17th Ave, Greeley CO 80631 Phone: 970-400-6100 WELD COUNTY Completeness Review application submittal. A Floodplain Impact Statement is not being submitted. Per Item 26 of the Planning Questionnaire (document 06) of our original application submittal, the project is not located within a Special Flood Hazard Area. 4. Submit the $2,500 USR application fee once the rest of the application is deemed complete. Checks can be made payable to WELD COUNTY PLANNING DEPARTMENT. RESPONSE: A check will be submitted once the rest of the application is deemed complete. Weld County Department of Planning Services 1555 N 17th Ave, Greeley CO 80631 Phone: 970-400-6100 FOR COMMERCIAL OR INDUSTRIAL BUILDINGS, PLEASE COMPLETE THE FOLLOWING INFORMATION: Business Name: ECA CO GREELEY Phone: 508-460-2068 Address: 282 Moody Street, Suite 202 City, state, zip: Waltham, MA 02453 Business Owner: Todd Fryatt Phone: 617-750-7159 Home Address: N/A City, state, zip: N/A List up to three persons in the order to be called in the event of an emergency: NAME TITLE PHONE ADDRESS Claude Colp Director of Engineering 603-630-5489 282 Moody Street, Waltham MA 02453 Todd Fryatt President 617-750-7159 282 Moody Street, Waltham MA 02453 Vincent Moschella Director of Development 508-245-5691 282 Moody Street, Waltham MA 02453 Business Hours: N/A Days: 7 UTILITY SHUT OFF LOCATIONS: Main Electrical: Pad mounted, next to solar array, as noted on site plan Gas Shut Off: N/A Exterior Water Shutoff: N/A Interior Water Shutoff: N/A 7/29/2019 21 ECA CO GREELEY Decommissioning Plan ECA CO GREELEY DECOMMISSIONING PLAN A. Approach ECA CO GREELEY LLC has developed this decommissioning plan for the ECA Greeley solar array, to be implemented after the contracted lease term has ended. The developer o r own e r o f the SEF, ECA CO GREELEY LLC., is responsible for the decommissioning. ECA CO GREELEY LLC is providing this information as part of its permitting package for Weld County USR Permit as required. 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. A II fe n c es, g r a v e I ed 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. Theproperty shall be restored to a condition reasonably similar to its condition prior to development of the 5 -acre 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, regrading 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 1 sediment control and stormwater management that are applied during project construction, or any new BMPs relevant at the time. ECA CO GREELEY LLC will decommission the Project once the contracted lease term is over. Decommissioning may also be initiated if the project is no longer viable, or in the case of a force majeure event (described in Section D below). ECA CO GREELEY LLC will provide notice to Weld County prior to commencement ofdecommissioning the Project. B. 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, as described in Section A. Decommissioning/reclamation cost estimates, which shall be updated every 5 years from the establishment and submittal of the security, shall include all costs associated with the dismantlement, recycling, and safe disposal of facility components and site reclamation activities. Furthermore, Weld County shall have the right to draw upon the irrevocable standby letter of credit, or other form of financial security, 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. C. 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 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. D. 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 ECA CO GREELEY 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); • ECA CO GREELEY LLC has taken all reasonable precautions and measures to prevent or avoid such event or mitigate the effect of such event on ECA CO GREELEY 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 ECA CO GREELEY LLC. ECA CO GREELEY Decommissioning Plan In the event of a force majeure event, which results in the absence of electrical generation by one or more solar panel arrays for 12 months, ECACO GREELEY LLC must demonstrate to Weld County bythe end ofthe 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, the decommissioning of any single solar panel only (and no other part of the Project that is operational) or if the entire Project is not substantially operational and producing electricity, then decommissioning of the Project must be initiated 18 months after the force majeure event. 1CDOT (Colorado Department of Transportation). 2019. Colorado Erosion Control & Stormwater Quality Guide. Chapter 5: Construction Control Measures. November 2019. Available online at: https://www.codot.gov/programs/environ mental/la ndscape-arch itectu re/ erosion-control-Stormwater-quality-1/erosion-storm-quality/chapter-5. Accessed February 4, 2021. r 1 ..1 SOLAR Dust Abatement Plan Dust Abatement Plan County Road 37 Solar Garden Project Weld County Colorado 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, ECA Solar 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. ECA Solar would employ native revegetation methods or chemical control methods for infestations of weeds during regular maintenance if necessary. Irrigation Mitigation Statement SOLAR County Road 37 Solar Garden Project Weld County Colorado Irrigation Mitigation Statement The nature and location of the facility will not unreasonably interfere with any irrigation systems on or adjacent to the solar facility. Ditches are identified in the USR map as outside of the Project area and are avoided by Project facilities. Landscape and Screening Plan SOLAR County Road 37 Solar Garden Project Weld County Colorado Landscape and Screening Plan The Project includes installation of a chain link security fence up to 7 ft tall. The proposed chain link fence will feature screening slats for the entire County Road 37 frontage. Please refer to Sheet 07 of PDF Document 07 (USR Map) for a typical profile drawing of the proposed fence and a picture of typical slats. r 1 ..1 SOLAR LIGHTING PLAN Lighting Plan County Road 37 Solar Garden Project Weld County Colorado ECA Solar d/b/a ECA CO Greeley, LLC (ECA Solar) is proposing to construct and operate the County Road 37 Solar Garden Project (Project) in unincorporated Weld County, Colorado. The Project includes construction of 5 Megawatts (MW) of solar electric generation on a 79.01 -acre parcel. This Lighting Plan describes lighting during the construction and operations phases of the Project. A dimensioned elevation drawing including the pole and cutsheet of the two light fixtures proposed for the Project is included on Sheets 06 and 07 of the USR Map (Document 07). 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 LIGHTING Lighting for the operations phase of the Project would be limited to a single light mounted on a single utility pole up to 60 feet in height located between the two inverter banks and would be designed to be downcast and manually turned on only during emergency maintenance activities. The location of the light is shown on the USR Map Sheet 06 (Document 07). The two proposed lights installed near each inverter bank would result in 0.1 lumen or less at Project property lines. Permanent lighting would be installed in a manner compliant with Section 23-2- 250 of the Weld County Charter and County Code and International Dark Sky Associations recommendations Property Maintenance Plan SOLAR County Road 37 Solar Garden Project Weld County Colorado Property Maintenance Plan This property maintenance plan addresses the mitigation of dust, weeds and erosion during construction and operations. PROPERTY MAINTENANCE DURING CONSTRUCTION Wind erosion to soils will be mitigated by applying water to disturbed soils and soil piles to control fugitive dust from blowing and impairing air quality during construction. Wind erosion to soils will be mitigated by applying water to disturbed soils and soil piles to control fugitive dust from blowing and impairing air quality. Areas of temporary disturbance would be managed to prevent establishment of noxious weeds following construction using native revegetation methods or chemical control methods as necessary. Specific efforts to control soil erosion during construction will include best management practices to minimize stormwater-based erosion and to prevent stormwater flowing off -site. As required by the Colorado Department of Public Health & Environment (CDPHE) for construction activities over one acre, a General Construction Permit for Stormwater Discharges Associated with Construction Activities (General Construction Permit) will be prepared that will authorize stormwater discharges associated with construction activities to WOTUS. As part of the General Construction Permit, a Stormwater Management Plan (SWMP) will identify locations to implement best management practices with regular inspections and reporting per permit requirements. The goal of the SWMP is to reduce or eliminate possible water quality impacts by establishing erosion controls and eliminating sources of pollutants in stormwater. The General Construction Permit, along with the SWMP, will be submitted at least 10 days prior to Project construction activities. PROPERTY MAINTENANCE DURING OPERATIONS The property will be maintained in such a manner as to control dust, weeds and drainage that could cause erosion, Once the construction phase is completed, the Project Area will be visited one to two 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. ECA Solar would employ native revegetation methods or chemical control methods for infestations of weeds during regular maintenance if necessary. A preliminary drainage report is included as document 18. �..,� Sign Plan SOLAR County Road 37 Solar Garden Project Weld County Colorado SIGN PLAN One identification sign up to eighteen square feet in area will be posted at each access. The sign will conform to the standards set forth in the Weld County Chapter 23, Article IV, Division 2 and Appendices 23-C through E, as applicable. WEED MANAGEMENT PLAN In an initial effort to control noxious weeds within the project, ECA Solar contracted with Weeds Commercial Mowing to perform services to remove the Canadian thistle from the property. This contractor treated the property with herbicide the week of August 16th and then completed the mowing on August 27, 2021. These known populations will be monitored over the course of construction and operation of the site. During construction, areas of temporary disturbance would be managed to prevent establishment of noxious weeds. 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. ECA Solar will employ native revegetation methods or chemical control methods for infestations of noxious weeds observed at the completion of construction activities. The property will be maintained in such a manner as to control the establishment of noxious weeds. Once the construction phase is completed, the Project Area will be visited one to two times per year for routine maintenance and as -needed emergency maintenance. On -site vegetation and noxious weed control will be managed by typical landscape maintenance techniques, including the application of herbicides and mowing. Herbicide selection may vary depending upon the time of year and life cycle of the noxious weed species. r 1 ..1 SOLAR Reasonable Alternative Analysis County Road 37 Solar Garden Project Weld County Colorado Reasonable Alternative Analysis ECA Solar performed a rigorous search for ideal solar generation sites within and outside of Weld County. A desktop due diligence/critical issues analysis was completed for multiple sites within Weld County to determine feasible locations. The current Project area was chosen due to several factors, including solar resource, transmission proximity and availability, physical and geographical constraints, land availability, and landowner participation. The risk of adverse environmental impacts and geotechnical issues are low within the proposed site and disturbance to existing land uses surrounding the Project will be minor. Alternatives to the current Project location were evaluated but were dismissed due to the inability to advance at least one of the above factors, and because they were not awarded by Xcel Energy, Inc. The proposed Project presents the most viable design and location with the least adverse impacts of all the alternatives. Xcel Energy, Inc. requested proposals in 2020 for solar gardens up to 5MW each. In December 2020 Xcel Energy awarded ECA Solar's bid for the Project at the proposed location. COREBiological Resource Inventory ® County Road 37 Solar Garden Project Weld County, Colorado I. INTRODUCTION ECA Solar (ECA) contracted CORE Consultants, Inc. (CORE) to complete a biological resource inventory to identify potential biological constraints for the proposed County Road 37 Solar Garden Project (Project). The Project Area consists of a 79.01 -acre parcel in Weld County, Colorado. The centroid of the Project area is 40.476756, -104.712863; WGS84. The inventory included a desktop analysis and a site visit on January 27, 2021 which included mapping of potential wetlands and other potential waters of the U.S. (WOTUS), a raptor nest survey, presence/absence surveys for prairie dog colonies, and federal- and state -threatened and endangered (T&E) species habitat suitability analysis. The location of potential WOTUS and other biological resources are shown in Figure I. 2. ECOLOGICAL SETTING The Project Area is in northern Colorado within the Flat to Rolling Plains Level IV Ecoregion of the High Plains Level III Ecoregion (Chapman et al. 2006). Topographic characteristics of the Rolling Sand Plains are grass -covered dunes with areas of active sand dunes. There are few perennial streams, with poorly established drainage due to lack of runoff from sand -choked drainage ways. Small, depressional playas are scattered throughout the region. Native vegetation typical of this region includes blue grama (Bouteloua grad/is), buffalograss (Bouteloua dactyloides) junegrass (Koeleria macrantha), western wheatgrass (Pascopyrum smithii), fringed sage (Artemisia frigida), and threadleaf sedge (Carex filifolia; Chapman et al. 2006). Typical land uses within the Flat to Rolling Plains ecoregion include rangeland, some irrigated cropland, and primarily dryland farming, including winter wheat, grain sorghum, corn, and barley. Oil and gas production is also common especially within the Denver Basin. Land cover of the Project Area is composed primarily of Cultivated Cropland (USGS 2011). 3. METHODS AND RESULTS The results of the desktop analysis and site visit for each resource are presented below. 3.1 Federal- and State -listed Threatened and Endangered Species CORE completed a desktop analysis and field visit to identify whether the Project has the potential to impact federal -listed T&E species, which are those species protected under the Endangered Species Act of 1973 as well as state -listed species with protections under Colorado Revised Statute 33-2-105. The U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) database and critical habitat mapper were queried on January 21, 2021 to determine potential effects of the Project to federal -listed T&E species (Table 3.1; USFWS 2021 a; USFWS 2021 b). The CPW species profile and CPW Species Activity Mapping (SAM) database was also reviewed to identify state -listed T&E species and Colorado species of concern (Table 3.1; SC; CPW 2021. The comprehensive list of federal- and state- listed T&E species considered for the effects analysis is presented in Table 3.1. A preliminary effects determination of "No Effect" was assigned to each species considered for the effects analysis. CORE Biological Resource Inventory County Road 37 Solar Garden Project Weld County, Colorado Figure I CORE Biological Resource Inventory County Road 37 Solar Garden Project Weld County, Colorado Table 3.1. Preliminary Effects Determination for Federal- and State -listed Threatened and Endangered Species Common Name Status' Preliminary Effects Determination (Scientific Name) AMPHIBIANS Boreal toad SE No effect. Requires lakes, ponds, or wetlands in spruce -fir forest or (Bufo boreal bore as) alpine meadows, which do not occur in the vicinity of the Project (CPW 2021). BIRDS Burrowing owl ST No effect. Species uses black -tailed prairie dog (Cynomys (Athene cunicularia) ludovicianus) burrows for nesting which are not present in the vicinity of the Project. Interior least tern SE No effect. Species requires large waterbodies for foraging (Sternula antillarum (Thompson et al. 2020). Nearest potentially suitable habitat is athalassos) Latham Reservoir, located 10 miles south of the Project. Nearby suitable foraging habitat may include Seeley Lake, located a mile to the southwest of the Project. Species was delisted from Federal List of Endangered Species effective February 12, 2021. Eastern Back Rail FT No effect. Requires specific habitat of salt marsh, shallow (Laterallus jamaicensis ssp. freshwater marsh, wet meadows or flooded grassy vegetation Jamaicensis) (Eddleman et al. 2020). Preferred habitat does not occur in the vicinity of the Project. Mexican spotted owl FT, ST No effect. Species requires specific habitat conditions of mixed- (Strix occidentalis lucida) conifer and steep canyons (Gutierrez et al. 2020). Critical habitat does not occur in or within 35 miles of the Project Area (USFWS 2021 b). Plains sharp -tailed grouse SE No effect. Distribution of this subspecies in Colorado does exist in (Tympanuchus Weld county. Preferred habitat is open grassland with very little phasianellus jamesi) tree cover which is not representative of the habitat present at the Project. Nearest sighting within Weld county is more than 15 miles north near Nunn, a sparsely developed portion of Weld county. Piping plover ST, FT No effect. Species requires open, sparsely -vegetated areas with (Charadrius melodus) low to zero slope and large surface water features, which do not occur in the vicinity of the Project. (Elliott -Smith and Haig 2020). Southwestern willow SE No effect. Distribution of this subspecies in Colorado is limited to flycatcher the extreme southern edge of Colorado, and may have never (Empidonax traillii extimus) regularly occurred in Colorado (Sedgwick 2020). Whooping crane SE, FE No effect. The Project is located outside of species' range and (Grus americana) does not contain croplands or palustrine wetlands that are typical of migrant stopover habitat (Urbanek and Lewis 2020). FISHES Arkansas darter SE No effect. Species does not occur in the South Platte River basin, (Etheostoma cragini) where the Project is located; limited to the Arkansas River basin. Bonytail chub SE No effect. Species does not occur in the South Platte River basin, (Gila elegans) where the Project is located; limited to main stems of the Colorado River basin. CORE Biological Resource Inventory County Road 37 Solar Garden Project Weld County, Colorado Common Name Status' Preliminary Effects Determination (Scientific Name) Brassy minnow ST No effect. Species occurs in low numbers in perennial tributaries (Hybognathus hankinsoni) to the lower South Platte River in Colorado, but Second Creek is intermittent and does not contain enough flow to support distribution of this species. Colorado pikeminnow ST No effect. Species does not occur in the South Platte River basin, (Ptychocheilus lucius) where the Project is located; limited to the Colorado River basin. Common shiner ST No effect. Species occurs in the lower South Platte River basin in (Luxilus cornutus) Colorado. The Project is located in the upper portion of the South Platte River Basin. Greenback cutthroat trout ST No effect. Species prefers steep cold streams and rivers, which (Oncorhynchus clarki are not present in the vicinity of the Project. stomias) Humpback chub ST No effect. Species does not occur in the South Platte River basin, (Gila cypha) where the Project is located; limited to the Colorado River basin. Lake chub SE No effect. Species does not occur in the South Platte River basin, (Couesius plumbeus) where the Project is located; limited to the Green River basin in extreme northwestern Colorado. Northern redbelly dace SE No effect. Species is only known to occur in the West Plum Creek (Phoxinus eos) drainage, south of Chatfield Reservoir. Pallid Sturgeon FE No effect. Species only needs to be considered if activities would (Scaphihynchus albus) negatively impact the North Platte, South Platte, or Laramie river basins in Nebraska. The Project is not anticipated to result in a measurable change in flow to the South Platte River. Plains minnow SE No effect. Species is only known to occur in the South Platte River (Hybognathus placitus) as far upstream as Morgan County; lack of perennial connectivity to the South Platte River would preclude occurrence in the vicinity of the Project. Razorback sucker SE No effect. Species does not occur in the South Platte River basin, (Xyrauchen texanus) where the Project is located; limited to the Colorado River basin. Rio Grande sucker SE No effect. Species does not occur in the South Platte River basin, (Catostomus plebeius) where the Project is located; limited to the Rio Grande River basin. Southern redbelly dace SE No effect. Species is limited to Pueblo County within the Fountain (Phoxinus erythrogaster) Creek watershed. Project is located in Weld County. Suckermouth minnow SE No effect. Species occurs in the lower South Platte River basin in (Phenacobius mirabilis) Colorado, but Second Creek is intermittent and does not have perennial connectivity to the South Platte River required to support this species. MAMMALS Black -footed ferret SE No effect. Species has been reintroduced to six sites in Colorado (Mustela nigripes) since 2013, none of which occur in Weld County. Success rates of reintroduction are not yet well understood. Black -tailed prairie dogs, which are not present in the Project vicinity, are a primary food source for black -footed ferrets. Canada lynx SE No effect. Requires moist, spruce -fir forests, which do not occur in (Lynx canadensis) the vicinity of the Project. Reintroduced to Colorado from 1999 to 2006. Nearest potentially suitable habitat is more than 30 miles west of the Project (USFWS 2021). CORE Biological Resource Inventory County Road 37 Solar Garden Project Weld County, Colorado Common Name Status' Preliminary Effects Determination (Scientific Name) Grizzly bear SE No effect. Species currently thought to be extirpated in (Ursus arctos) Colorado. Kit fox SE No effect. Within Colorado, this species only occurs between the (Vulpes macrotis) city of Montrose and the town of Fruita on the western slope. Preble's meadow jumping ST, FT No effect. Species prefers floodplains with riparian vegetation mouse and undisturbed upland prairie. Project habitat is unsuitable. (Zapus hudsonius preblei) (ERO 2016). River otter ST No effect. Species prefers riparian habitat with sufficient shrub (Lontra canadensis) cover adjacent to perennial streams. Nearest potentially suitable habitat is in the Greeley Number 2 Canal along the eastern boundary of the Project, and river otter is mobile between riparian areas. However, species is not likely to be present due to intermittent flow in the canals. Project will not affect riparian area associated with the Greeley Number 2 Canal Wolverine SE No effect. Species requires large areas of cold, rocky habitat, (Gulo gulo) which do not occur in the vicinity of the Project; the last known occurrence in the state was a tracked individual from northern Wyoming in 2009, the first confirmed in 90 years (CPW 2021). Canada lynx SE No effect. Requires moist, spruce -fir forests, which do not occur in (Lynx canadensis) the vicinity of the Project. Reintroduced to Colorado from 1999 to 2006. Nearest potentially suitable habitat is more than 30 miles west of the Project (USFWS 2021). FLOWERING PLANTS Ute Ladies' -tresses FT No effect. This plant is found in open wetland areas associated (Spiranthes diluvialis) with major river floodplains, including riparian corridors, gravel bars, old oxbows, high flow channels, and moist to wet meadows associated with perennial streams. Project Area lacks required connectivity to perennial channels and hydric soils. Western Prairie Fringed FT No effect. Species only needs to be considered if activities would Orchid negatively impact the North Platte, South Platte, or Laramie river (Platanthera praeclara) basins in Nebraska. The Project is not anticipated to result in a measurable change in flow to the South Platte River. 1Status: SE = State Endangered; ST = State Threatened; FE = Federally Endangered; FT = Federally Threatened Source: CPW 2021; USFWS 2021 a; USFWS 2021 b COREBiological Resource Inventory ® County Road 37 Solar Garden Project Weld County, Colorado 3.2 Colorado Parks and Wildlife Species Activity Mapping CORE reviewed the CPW SAM database prior to the site visit. According to the data, the only state listed threatened or endangered species with an overall range intersected by the Project area is Preble's meadow jumping mouse (CPW 2021). Overall range refers to the area which encompasses the observed and predicted range of the species. Suitable habitat for Preble's Meadow Jumping Mouse does not occur in the Project area. The Project Area is also in the winter range for the Canada goose and bald eagle (CPW 2021). No suitable nests for bald eagle was observed during raptor nest surveys and Canada geese do not breed in Colorado (Sibley 2014). 3.3 Raptor Nests The largest recommended seasonal buffer recommended in Colorado Parks and Wildlife (CPW)- Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors (CPW 2020b) is 0.5 mile. Therefore, a desktop review and raptor nest survey for potential raptor nests was completed for a 0.5 -mile buffer of the Project Area (Raptor Nest Survey Area) using a spotting scope to aid the biologist in identification. CPW's SAM database was reviewed for potential raptor nests, including bald eagle and golden eagle nests, within 0.5 mile of the Project Area. The nearest CPW- mapped bald eagle nest is located over five miles to the southwest of the Project Area, and outside of the CPW-recommended seasonal non -encroachment buffer for construction for Bald Eagles. The site visit was completed during a time when deciduous trees in the Project Area lacked leaves to help the surveyor see potential nests. During the site visit, at least one red-tailed hawk (Buteo jamaicensis) was observed flying on the north and south side of County Road 392 approximately 1500 feet northwest of the Project area. The CORE Biologist documented two stick nests of unknown species in tree stands which represented suitable nesting habitat within 0.5 mile of the Project Area (FIgure 1; Nest 1 and Nest 2). Only Nest 2 was large enough to be suitable to hold a raptor. Raptors were not observed using either nest. 3.4 Prairie Dog Colonies Aerial imagery was reviewed to identify potential prairie dog colonies within the Project Area. Neither the aerial imagery nor the site visit identified black -tailed prairie dog colonies. 3.5 Wetlands and other Waters of the U.S. CORE reviewed the National Hydrography Dataset (NHD), National Wetland Inventory (NWI), and the Federal Emergency Management Agency (FEMA) Flood Hazard Layer for desktop -mapped potential WOTUS in the Project Area. Graham Seep flows north to south along the western boundary of the Project and the Greeley Number 2 Canal also runs north to south along the eastern boundary of the Project (NHD 2020). Neither feature is associated with a FEMA-mapped 100 -year floodplain. Additionally, no NWI features are present in the Project Area (NWI 2020) The USACE requires that formal delineations occur during the growing season (approximately April through October for the Project Area). Therefore, CORE identified a conservative boundary of potential WOTUS for use in design during the site visit. Both features were mapped as potential WOTUS during the site visit. The ordinary high-water mark (OHWM) of both banks of Graham Seep were mapped with a global positioning system (GPS) device. The western bank of Greeley Number 2 Canal was mapped with a GPS however due to lack of access the eastern bank was R COREBiological Resource Inventory ® County Road 37 Solar Garden Project Weld County, Colorado conservatively digitized via aerial imagery. These conservative boundaries of potential WOTUS are shown on Figure I. Grading would be required to lessen slope angles for construction of the solar array and other infrastructure. Grading activities during construction are not anticipated to significantly change stormwater runoff patterns within the Project Area. Minor increases in impermeable surface area may slightly increase stormwater runoff rates. There are no anticipated impacts to any potentially jurisdictional WOTUS from Project development. 4. REFERENCES Chapman, S.S., G.E. Griffith, J.M. Omernik, A.B. Price, J. Freeouf, and D.L. Schrupp. 2006. Ecoregions of Colorado (color poster with map, descriptive text, summary tables, and photographs). Reston, Virginia, U.S. Geological Survey (map scale 1:1,200,000). CPW (Colorado Parks and Wildlife). 2019. Species Activity Mapping. https://www.arcgis.com/home/group.html?focus=all&id=0e6f905l b06146018038e9a929a b4910&start=l &view=list#content. Accessed February 2021. CPW. 2020. Species Profiles. https://cpw.state.co.us/learn/Pages/SpeciesProfiles.aspx. Accessed February 2021. CPW (Colorado Parks and Wildlife). 2020b. Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors. https://cpw.state.co.us/Documents/WildlifeSpecies/LivingWithWildlife /Raptor -Buffer- Guidelines.pdf. Elliott -Smith, E., and S.M. Haig. 2020. Piping Plover (Charadrius melodus), version 1.0. In Birds of the World (A. F. Poole, Ed.). Cornell Lab of Ornithology, Ithaca, New York, USA. https://doi.org/10.2173/bow.pipplo.01. Accessed January 2021. ESRI (Environmental Systems Research Institute). 2020. World Imagery, MapServer. https://arcgisonline.com. Accessed February 2021 Gutierrez, R. J., A. B. Franklin, and W. S. Lahaye. 2020. Spotted Owl (Strix occidentalis), version 1.0. In Birds of the World (A.F. Poole and F.B. Gill, Eds.). Cornell Lab of Ornithology, Ithaca, New York, USA. https://doi.org/10.2173/bow.spoowl.01. Accessed February 2021. Krentz, S. 2004. Scaphirhynchus albus. Missouri River Fish & Wildlife Management Assistance. The IUCN Red List of Threatened Species. e.T19940A91 1 1329. http://dx.doi.org/10.2305/IUCN.UK.2004.RLTS. Ti 9940A9iii 329.en. Accessed February 2021. Sibley, D. A. (2014). The Sibley Guide to Birds, second edition. Alfred A. Knopf, New York, NY, USA. Urbanek, R.P., and J.C. Lewis. 2020. Whooping Crane (Grus americana), version 1.0. In Birds of the World (A.F. Poole, Ed.). Cornell Lab of Ornithology, Ithaca, New York, USA. https://doi.org/l 0.2173/bow.whocra.01. Accessed February 2021. USFWS (U.S. Fish and Wildlife Service). 1992. Interim survey requirements for Ute ladies' -tresses orchid (Spiranthes diluvialis). November 23, 1992. USFWS. 2021 a. IPaC - Information for Planning and Conservation. https://ecos.fws.gov/ipac. Accessed February 2021. USFWS. 2021 b. Environmental Conservation Online System (ECOS) - Critical Habitat Portal. https://ecos.fws.gov/ecp/report/table/critical-habitat.html. Accessed February 2021. CORE Biological Resource Inventory County Road 37 Solar Garden Project Weld County, Colorado USFWS. 2020. Species profile for Ute ladies' -tresses (Spiranthes diluvialis). https://ecos.fws.gov/ecp0/profile/speciesProfile?spcode=Q2WA. Accessed February 2021. USGS. 2011. National Gap Analysis Program (GAP) National Land Cover. Version 2. May 2011. https://gapanalysis.usgs.gov/gaplandcover/data. Accessed February 2021. USGS (U.S. Geological Survey). 2020. National Hydrography Dataset. https://www.usgs.gov/core- science-systems/ngp/national-hydrography/access-national-hydrography-products. Accessed February 2021. STATEMENT OF TRANSPORTATION CONSTRUCTION IMPACTS Construction of the County Road 37 Solar Garden Project may require up to 50 workers to be on site at one time during the peak of construction. Construction employees may include up to15 civil workers, 15 electricians, 15 racking builders, and an additional 5 employees. In addition to these workers travelling to and from the site, construction traffic will also include the delivery of construction equipment and materials. Delivery trucks may include semi -tractor and trailer, tandem trucks, water trucks, or civil earthwork trucks. The peak daily traffic volume is estimated at 50 passenger vehicle and 4 delivery trucks during the construction period. The average daily traffic volume is likely 15 passenger vehicles and 1 delivery truck. A Haul Route Map is provided below. Construction traffic would occur along County Road 37, which is the proposed access to the site. Vehicles would access County Road 37 from U.S. Highway 85 by either County Road 68 (Colorado State Highway 392) or County Road 66. Vehicles from the west would access County Road 37 via County Road 68. An estimated 50% of the construction traffic would come from U.S. Highway 85 from either the north or south; the remaining traffic would come from Interstate 25 to the west. Project construction is anticipated to take a year to complete. Construction equipment and deliveries would primarily occur within the first 4-6 months, with worker trips occurring throughout the duration of project construction. Existing transportation patterns within the immediate area of the project are not anticipated to be significantly impactful on the local roadway system. The area immediately surrounding the project is primarily agricultural, with few residences. The existing county road system experiences truck traffic associated with agricultural, industrial, and commercial operations. Traffic volumes would be highest during morning (6-8am) and afternoon (3-6pm) hours. The existing county road network and road condition is not expected to be significantly deteriorated by the relatively low levels of construction traffic, as the majority of vehicles accessing the site during project construction will be passenger vehicles. As such, no improvements to existing county roads are anticipated in order to adequately serve the project. In the event that construction traffic creates a temporary impact, ECA CO Greeley agrees to mitigate impacts to the area surrounding the proposed SEF. 1 :1jjjj,_11T' r IS i �"cs 313 - rw Access to 1-25 = Project Area Proposed Haul Route Proposed Site Access ''! •. ��. is �i r •a;i • Reference: NAIP 2019 CR 37 Solar Garden Project 0 0.25 Miles Proposed Haul Route Map Project #: 20-192 Weld County, Colorado Date: 9/23/2021 - DOCUMENT 06 SOLAR REWARDS COMMUNITY PRODUCER AGREEMENT Xcel Energy Solar Garden ID No. 083012 Solar*Rewards Community Producer Agreement Solar*Rewards Community Photovoltaic (PV) Systems For SRC Producers This Agreement is made and entered into this 27 day of January , 2021, by and between Public Service Company of Colorado, d/b/a/ Xcel Energy ("Public Service" or "Company"), a Colorado corporation, whose address is 1800 Larimer Street, Denver, Colorado 80202, and ECA CO GREELEY ("SRC Producer"), aLimited Liability Cowhose business address is 282* , each of which may be referred to herein individually as a "Party" or collectively as the "Parties." *282 Moody Street, Suite 202, Waltham, MA 02453 RECITALS: This Agreement governs the relationship between Public Service and SRC Producer, both on behalf of itself and as authorized agent for SRC Subscribers (as defined in Section 1.25 below) and the PV System Owner (as defined in Section 1.15 below), with respect to the Photovoltaic Energy and associated Renewable Energy Credits ("RECs") generated by the community solar garden photovoltaic solar system (the "PV System") installed, or to be installed, at the location described in Exhibit A attached hereto, with a rated Alternating Current (AC) nameplate capacity of 4.98 kW. In consideration of the premises and mutual covenants herein contained, the Parties hereto agree as follows: ARTICLE I DEFINITIONS As used herein, the following terms shall have the meanings specified or referred to below which shall apply equally to single and plural forms. Except as otherwise provided for herein, capitalized terms shall have the meanings set forth in Section 3652 of the Rules Regulating Electric Utilities of the Colorado Public Utilities Commission, 4 Code of Colorado Regulations 723-3-3877, as of the date of this Agreement. 1.1 "Applicable Law" shall have the meaning set forth in Section 9.1 of this Agreement. 1.2 "Commission" shall mean the Public Utilities Commission of the State of Colorado. 1.3 "Commonly Owned" shall mean ownership by the same corporate entity or through either legal affiliates or partnerships other than common debt or tax equity partners. 1 Version 10/16/2020 1.4 "Date of Commercial Operation" shall mean the day upon which Commercial Operation is first achieved pursuant to Section 4.3 hereof. 1.5 "Deposit" shall mean a security deposit in an amount equal to $10/kW of the PV System's Alternating Current (AC) nameplate capacity. 1.6 "Electric Tariffs" shall mean Public Service's electric tariffs as in effect and on file with the Commission from time to time. 1.7 "Environmental Contamination" means the introduction or presence of Hazardous Materials at such levels, quantities or location, or of such form or character, that (i) requires remediation under Applicable Law, (ii) present a material risk that the Solar Garden Site will not be available or usable for the purposes contemplated by this Agreement, and/or (iii) will preclude or interfere with SRC Producer's ability to perform its obligations under this Agreement as and when due. 1.8 "Force Majeure" shall have the meaning set forth in Section 6.1 of this Agreement. 1.9 "Hazardous Material" means any substance, pollutant, contaminant, chemical, material or waste that is regulated, listed or identified under, or which may form the basis for liability under Applicable Law, or which is deemed or may be deemed hazardous, dangerous, damaging or toxic to living things or the environment, and shall include, without limitation, any flammable, explosive, or radioactive materials; hazardous materials; radioactive wastes; hazardous wastes; hazardous or toxic substances or related materials; polychlorinated biphenyls; per- and poly-fluoroalkyl substances; petroleum products, fractions and by-products thereof; asbestos and asbestos -containing materials; medical waste; solid waste, and any excavated soil, debris, or groundwater that is contaminated with such materials. 1.10 "House Power" shall mean the supply of retail power for consumption at the Solar Garden Site. 1.11 "Interconnection Agreement" shall mean the separate agreement to be entered into between SRC Producer and Public Service providing the terms and conditions by which SRC Producer may interconnect and operate the PV System in parallel with Public Service's electric system at the Solar Garden Site. 1.12 "Meter" shall mean the measuring facility installed by Public Service pursuant to Section 5.2 hereof to measure the Photovoltaic Energy produced by the PV System at the point where the Photovoltaic Energy and the associated RECs change possession from SRC Producer to Public Service. 1.13 "Monthly Subscription Information" shall mean the information stored within the SRC Application System, as timely entered or changed by SRC Producer via the SRC Application System pursuant to Section 4.7 hereof, setting forth the names of the SRC Subscribers holding Subscriptions in the PV System, each such SRC Subscriber's identifying information, and the SRC Allocation applicable to each such SRC Subscriber's Subscription, reflecting each SRC 2 Version 10/16/2020 Subscriber's allocable portion of Photovoltaic Energy and associated RECs produced by the PV System during a particular Production Month. 1.14 "Photovoltaic Energy" shall mean the net electric energy generated from the PV System, using solar radiation energy to generate electricity delivered to Public Service and measured at the Meter. Photovoltaic Energy shall be of a power quality of 60 cycle, three-phase alternating current that is compliant with the Interconnection Agreement. 1.15 "Post -Bid Requirements" shall have the meaning set forth in the RFP. 1.16 "Production Month" shall mean the calendar month during which Photovoltaic Energy and associated RECs are produced by the PV System and delivered to Public Service at the Meter. 1.17 "PV System" shall mean the solar electric generating facility to be located at the Solar Garden Site, including the photovoltaic panels, inverter, output breakers, facilities necessary to connect to the Meter, protective and associated equipment, improvements, and other tangible assets, contract rights, easements, rights of way, surface use agreements and other interests or rights in real estate reasonably necessary for the construction, operation, and maintenance of the electric generating facility that produces the Photovoltaic Energy and associated RECs subject to this Agreement. 1.18 "PV System Owner" shall mean the entity or entities holding legal title or otherwise having full rights of ownership in and to the PV System. If the PV System Owner is the same entity as SRC Producer, then Section 3.2 hereof shall not be applicable. 1.19 "PVWATTS" shall mean the National Renewable Energy Laboratory's PVWATTS Calculator, or any successor product or service. 1.20 "Renewable Energy Credit" or "REC" shall have the meaning set forth in 4 CCR 723-3-3652. In addition REC shall also mean the right to all non -energy and environmental attributes (including economic, carbon and pollutant -related tags and credits, benefits, avoided or reduced emissions reductions, offsets, emission rate reductions, tags and allowances, howsoever titled) attributable to the capacity available and/or energy generated by the PV system, including environmental air quality credits, tags and allowances created by law or regulation by virtue of the PV system's environmentally favorable or renewable characteristics or attributes. "RECs" includes but is not limited to rights eligible for registration, trading and/or use under the Western Renewable Energy Generation Information System ("WREGIS"). For the avoidance of doubt, a "REC" excludes (i) any local, state or federal production tax credit, depreciation deductions or other tax credits providing a tax benefit to SRC Producer or the owner of the PV System based on ownership of, or energy production from, any portion of the PV System, including the investment tax credit expected to be available to SRC Producer or the owner of the PV System with respect to the PV System under Internal Revenue Code Section 48 (Energy Credits); (ii) any direct governmental grant or payment inuring to the benefit of SRC Producer or the owner of the PV System based on ownership of, or energy production from, any portion of the Version 10/16/2020 PV System, pursuant to Section 1603 of the American Recovery and Reinvestment Act, or other federal or state legislation; and (iii) depreciation and other tax benefits arising from ownership or operation of the PV System unrelated to its status as a generator of renewable or environmentally clean energy. 1.21 "RFP" shall mean the Public Service request for proposal regarding the purchase of Photovoltaic Energy and associated RECs from Community Solar Gardens that SRC Producer responded to with its SRC Bid. 1.22 "Rural" shall mean an area classified as "rural" by the United States Census Bureau as of the date of execution of this Agreement. 1.23 "Solar Garden Site" shall mean the parcel of real property on which the PV System will be constructed and located, including any easements, rights of way, surface use agreements and other interests or rights in real estate reasonably necessary for the construction, operation and maintenance of the PV System. The Solar Garden Site is more specifically described in Exhibit A to this Agreement, which may be updated by the mutual agreement of the Parties from time to time. 1.24 "Solar*Rewards Community pplication and Subscriber Management System" or "SRC Application System" is the interactive, internet website-based interface maintained by Public Service through which SRC Producer may establish qualification and provide information and complete documents necessary for acceptance in Public Service's Solar*Rewards Community Program, and may enter or change the Monthly Subscription Information reflecting each SRC Subscriber's allocable portion of the Photovoltaic Energy and associated RECs produced by the PV System each Production Month. For each user that logs into to the SRC Application and Subscriber Management System SRC Producer shall be charged and shall pay an annual site license of $500 for each user that logs into to the SRC Application and Subscriber Management System. This number is subject to change in future contract cycles with the software platform vender. Checks should be made out to "Public Service Company of Colorado" and must be submitted with the SRC Producer Agreement. 1.25 "SRC Allocation" shall mean the monthly allocation, stated in kilowatts ("kW") as a share of the total nameplate capacity of the PV System, applicable to each SRC Subscriber's Subscription reflecting such SRC Subscriber's allocable portion of Photovoltaic Energy and associated RECs produced by the PV System in a particular Production Month. In accordance with Section 4.7 below, the SRC Producer is required to timely provide the SRC Allocation to Public Service on a monthly basis through the SRC Application System, which Public Service will in turn use to calculate the SRC Credit for each billing month. 1.26 "SRC Application" shall have the meaning set forth in the RFP. 1.27 "SRC Bid" shall mean SRC Producer's bid for the sale of Photovoltaic Energy and associated RECs from the PV System in response to the RFP. 4 Version 10/16/2020 1.28 "SRC Credit" shall mean the dollar amount paid by Public Service to each SRC Subscriber as a credit on the SRC Subscriber's retail electric service bill to compensate the SRC Subscriber for its beneficial share of Photovoltaic Energy and associated RECs produced by the PV System and delivered to Public Service from the SRC Producer, in accordance with Rate Schedule SRC of Public Service's Electric Tariffs. 1.29 "SRC Subscriber" shall mean the retail electric service customer of Public Service who: (a) owns a beneficial share of the Photovoltaic Energy and associated RECs produced by the PV System pursuant to a Subscription; (b) has attributed such Subscription to one or more premises served by Public Service where it is the customer of record; and (c) has entered into a SRC Subscriber Agency Agreement with SRC Producer. 1.30 "SRC Subscriber Agency Agreement" shall mean an agreement entered into between each SRC Subscriber and SRC Producer, in a form substantially the same as the SRC Subscriber Agency Agreement attached hereto as Exhibit B, by and through which each SRC Subscriber has authorized SRC Producer to act as SRC Subscriber's agent for purposes of this Agreement, including, among other things, to sell SRC Subscriber's beneficial share of Photovoltaic Energy and associated RECs generated by the PV System to Public Service. 1.31 "Subscription" shall mean a proportional interest owned or held by a particular SRC Subscriber in the PV System within the meaning of Section 40-2-127(2)(b)(III), C.R.S., which meets all of the requirements set forth in Section 3.3 below. 1.32 "Substantial Completion" shall mean the date that all construction and installation of the PV System is completed, and the PV System is ready to be commissioned at the full -agreed upon generation capacity, including, but not limited to, a set transformer, meter set request, and the SRC Producer having requested a scheduled witness test for the PV System. 1.33 "Urban" shall mean an area classified as "urban" by the United States Census Bureau as of the date of execution of this Agreement. ARTICLE II TRANSFER OF PHOTOVOLTAIC ENERGY AND ASSOCIATED RECS 2.1 Sale and Delivery of Subscribed Photovoltaic Energy and Associated RECs. Effective upon the Date of Commercial Operation, SRC Producer shall sell and deliver to Public Service at the Meter all of the Photovoltaic Energy and associated RECs produced by the PV System and attributable to Subscriptions held by all SRC Subscribers in the PV System. Notwithstanding anything to the contrary, Public Service's payment obligation set forth in Section 2.3, if applicable, and the SRC Credits (as an indirect inducement of SRC Subscribers to obtain Subscriptions from SRC Producer) are SRC Producer's sole consideration for the sale and delivery of Photovoltaic Energy and associated RECs generated by the PV System that are attributable to Subscriptions. 2.2 SRC Credits. 5 Version 10/16/2020 (a) For each SRC Subscriber, Public Service shall apply an SRC Credit each billing period to such SRC Subscriber's bill for retail electric service in accordance with Rate Schedule SRC of Public Service's Electric Tariffs based upon the SRC Subscriber's SRC Allocation as set forth in the Monthly Subscription Information applicable to the preceding Production Month. The Production Month to which the SRC Credit is applicable shall not necessarily match the billing period for retail electric service bill in which the SRC Credit is applied. (b) For purposes of applying the SRC Credit to SRC Subscribers' bills, Public Service shall be entitled to rely exclusively on the Monthly Subscription Information as timely entered or changed by SRC Producer via the SRC Application System in accordance with the procedures set forth in Section 4.7 below. The correction of previously -applied SRC Credits among SRC Subscribers due to any inaccuracy reflected in such Monthly Subscription Information with regard to an SRC Subscriber's Subscription in the PV System and the beneficial share of Photovoltaic Energy and associated RECs produced by the PV System shall be the full responsibility of the SRC Producer. 2.3 Positive Price and Payments to SRC Producer for Photovoltaic Energy and Associated RECs. The price to be paid by Public Service for the purchase of the Photovoltaic Energy and the associated RECs hereunder shall be expressed in dollars per megawatt -hour (MWh), with one REC being generated for each MWh of energy generated by the PV System. If the price to be paid is positive, as set forth in the SRC Bid, Public Service shall pay SRC Producer the price of $ N/A per MWh of energy generated by the PV System for the subscribed portion of Photovoltaic Energy recorded at the Meter, in full satisfaction (together with the SRC Credits) of SRC Producer's delivery of such RECs and the corresponding Photovoltaic Energy.' Payments for such purchases shall be made monthly by check to SRC Producer for the Photovoltaic Energy and the associated RECs recorded at the Meter during the immediately preceding Production Month. Such payment shall be made within thirty (30) days of the applicable meter reading. 2.4 Negative Price and Option for One -Time Payment to Public Service for Photovoltaic Energy and Associated RECs. If the price to be paid for the Photovoltaic Energy and the associated RECs is negative, as set forth in the SRC Bid, Public Service and the SRC Producer may agree that the SRC Producer may make a one-time payment to Public Service of $ N/A Such payment shall be made by check to Public Service issued within thirty (30) days after the Date of Commercial Operation. 2.5 Negative Price and Payment(s) to Public Service. The price to be paid by SRC Producer to Public Service for acceptance of RECs shall be expressed in dollars per megawatt - hour (MWh). If the price to be paid for the Photovoltaic Energy and the associated RECs is negative, as set forth in the SRC Bid, SRC Producer shall pay Public Service the price of $ 5.00 per MWh of energy generated by the PV System for the subscribed portion of Photovoltaic Energy 'Drafting note: If a bid calls for escalating, deescalating, or tiered pricing, tailored contractual language or a pricing schedule will be required. To add a schedule, the following change can be made to the sentence preceding this footnote: `...Public Service shall pay SRC Producer the price of $ per MWh of energy generated by the PV System shown on Schedule 1 to this Agreement for the subscribed portion of Photovoltaic Energy recorded at the Meter, ..." 6 Version 10/16/2020 recorded at the Meter,2 in full satisfaction (together with the SRC Credits) of SRC Producer's delivery of such RECs and the corresponding Photovoltaic Energy. Unless otherwise paid in accordance with Section 2.4, payments shall be made by check to Public Service by SRC Producer and shall be made within thirty (30) days of Public Service issuing a bill to the SRC Producer. 2.6 Purchase and Sale of Unsubscribed Photovoltaic Energy and Associated RECs. Effective upon the Date of Commercial Operation, SRC Producer agrees to sell and Public Service agrees to purchase all of the Photovoltaic Energy and associated RECs produced by the PV System and delivered to Public Service at the Meter not attributable to a Subscription held by any SRC Subscriber based upon the Monthly Subscription Information applicable to the Production Month. Public Service shall pay SRC Producer a price per kWh for the Photovoltaic Energy and associated RECs purchased pursuant to this section that is equal to the Company's average hourly incremental cost of electricity supply over the most recent calendar year. Public Service's actual average hourly incremental cost of electricity supply over the most recent calendar year shall be calculated in accordance with the methodology for determining Public Service's actual average hourly cost of the last 10 MW dispatched for any purpose set forth in Schedule 9, Generator Imbalance Service, of its then -effective Open Access Transmission Tariff on file with the Federal Energy Regulatory Commission. Such actual average hourly incremental cost shall be posted from time -to -time on Xcel Energy's website. Payments for such purchases shall be made monthly by check to SRC Producer for the unsubscribed portion of the Photovoltaic Energy and associated RECs recorded at the Meter during the immediately preceding Production Month. Such payment shall be made within thirty (30) days of the applicable meter reading. Notwithstanding anything to the contrary, Public Service's payment obligation set forth in this Section 2.6 is SRC Producer's sole consideration for the sale and delivery of Photovoltaic Energy and associated RECs generated by the PV System that are not attributable to Subscriptions. 2.7 Title, Risk of Loss, and Warranty of Title. As between the Parties, SRC Producer shall be deemed to be in control of the Photovoltaic Energy output from the PV System up to and until delivery and receipt by Public Service at the Meter and Public Service shall be deemed to be in control of such energy from and after delivery and receipt at such Meter. Title and risk of loss related to the Photovoltaic Energy and all associated RECs shall transfer to Public Service at the Meter. SRC Producer shall have at the time of delivery good and sufficient title, or the right to transfer good and sufficient title, to all Photovoltaic Energy output to Public Service, free and clear of all liens and encumbrances. SRC Producer shall have at the time of delivery good and sufficient title, or the right to transfer good and sufficient title, to all RECs associated with such Photovoltaic Energy output to Public Service, free and clear of all liens and encumbrances. 2.8 Exclusive Dealing. SRC Producer shall not sell any Photovoltaic Energy or any associated RECs generated from the PV System to any person other than Public Service during the Term of this Agreement, and Public Service shall purchase and own all Photovoltaic Energy and associated RECs produced by the PV System. Z Drafting note: If a bid calls for escalating, deescalating, or tiered pricing, tailored contractual language or a pricing schedule will be required. To add a schedule, the following change can be made to the sentence preceding this footnote: `...SRC Producer shall pay Public Service the price of $ per MWh of energy generated by the PV System shown on Schedule 1 to this Agreement for the subscribed portion of Photovoltaic Energy recorded at the Meter, ..." 7 Version 10/16/2020 ARTICLE III REPRESENTATIONS OF THE PARTIES AND CONDITIONS PRECEDENT 3.1 SRC Producer warrants and covenants from and after the Date of Commercial Operation to Public Service as follows: (a) SRC Producer will be either the PV System Owner or a subscriber organization organized under Section 40-2-127, C.R.S., duly authorized by the PV System Owner to beneficially operate the PV System and to issue subscriptions in the PV System to SRC Subscribers. (b) SRC Producer will be duly authorized to sell and deliver to Public Service Photovoltaic Energy and associated RECs produced by the PV System on behalf of all SRC Subscribers who then have valid Subscriptions in the PV System. (c) SRC Producer will have the right and authority to sell the unsubscribed Photovoltaic Energy and associated RECs produced by the PV System to Public Service. (d) SRC Producer will at all times have a designated primary application manager or other authorized representative, and such individual will have authority to act on behalf of SRC Producer (and Public Service will be entitled to rely on such individual's authority) for all actions contemplated by this Agreement, including payment direction to return the Deposit or escrowed funds under Sections 4.4 and 4.5. 3.2 If the PV System Owner and the SRC Producer are not the same person, then the undersigned PV System Owner hereby agrees and consents to the terms of this Agreement and hereby authorizes SRC Producer to perform any and all acts necessary on its behalf to carry out the duties, responsibilities and obligations provided for herein as SRC Producer, and to sell on the PV System Owner's behalf any and all of PV System Owner's interest in the Photovoltaic Energy and associated RECs produced by the PV System to Public Service in accordance with the terms hereof. 3.3 Requirements and Restrictions Applicable to SRC Subscribers and Subscriptions. SRC Producer covenants and warrants during the Term as follows: (a) No SRC Subscriber will, at any time following the Date of Commercial Operation, own more than a 40 percent interest in the beneficial use of the Photovoltaic Energy and associated RECs generated by the PV System. (b) Effective upon the first day of the Production Month immediately following eighteen (18) months after the Date of Commercial Operation, the SRC Producer shall not own more than a 40 percent interest in the beneficial use of the Photovoltaic Energy or associated RECs generated by the PV System. (c) SRC Producer shall ensure that each Subscription is sized to represent at least one kW of the PV System's nameplate rating and to supply no more than 120 percent of the SRC Subscriber's average annual electricity consumption at the premises to which the 8 Version 10/16/2020 Subscription is attributed (based on the annual estimated generation of the PV System as determined via PVWATTS), reduced by the amount of any existing retail renewable distributed generation at such premises; provided that the minimum one kW sizing requirement herein will not apply to Subscriptions owned by an eligible low-income customer, as defined in Rule 3652(o) of the Commission's Rules Regulating Electric Utilities, 4 Code of Colorado Regulations 723-3-3652. (d) The premises to which a Subscription is attributed by a SRC Subscriber will be a premise served by Public Service. If any SRC Subscriber's premises to which a Subscription hereunder pertains, as the result of the official and valid action of any governmental body, is no longer provided retail electric service from Public Service, then, effective upon the date such premises is no longer served by Public Service, SRC Producer shall remove such Subscription from the SRC Application System and, if SRC Producer fails to do so, Public Service shall have the right to remove such Subscription on the SRC Producer's behalf. (e) Unless otherwise expressly agreed by Public Service in writing, SRC Producer shall allocate Subscriptions to the classes or categories of Subscribers set forth on Exhibit D, including, if applicable, Eligible Low -Income CSG Subscribers or residential rate class service customers (R, RE-TOU, RD, or RD-TDR), in the percentages of the SRC Allocation as set forth on Exhibit D (each percentage, a "Subscriber Mix Commitment"), and SRC Producer shall cause each such Subscriber Mix Commitment to be at least as great as the corresponding commitment set forth in the SRC Bid. If, at any time, SRC Producer fails to meet or exceed any Subscriber Mix Commitment, SRC Producer will only be entitled to payment at the unsubscribed energy and REC rate set forth in Section 2.6 for that portion of the SRC Allocation set aside or dedicated for the applicable Subscriber Mix Commitment that fails to meet such Subscriber Mix Commitment. (f) The primary business of any SRC Subscriber at the retail customer premises to which the Subscription is attributed will not be the generation of electricity for retail or wholesale sale. In addition to any other rights and remedies set forth herein, (i) Public Service reserves the right to refuse to accept any additions, deletions or changes to the Monthly Subscription Information to the extent such addition, deletion or change results in non-compliance with any of SRC Producer's preceding requirements set forth in this Section 3.3 and (ii) if an SRC Allocation for any SRC Subscriber or Subscription no longer complies with the preceding requirements set forth in this Section 3.3 as determined in Public Service's discretion, then Public Service may treat such SRC Allocation as unsubscribed unless and until such all such requirements have been met with respect to such SRC Subscriber and such Subscription. 3.4 Requirements and Restrictions Applicable to the PV System. SRC Producer further covenants and warrants during the Term as follows: (a) Following the Date of Commercial Operation, the PV System will have at least ten SRC Subscribers. (b) The PV System will have a capacity nameplate rating of five megawatts (5 MW) or less. 9 Version 10/16/2020 (c) The PV System will be located within Public Service's existing service territory, as defined pursuant to a final Commission order issuing to Public Service a certificate of public convenience and necessity authorizing Public Service to provide retail electric service within a specific geographic area, as may be amended from time to time pursuant to subsequent Commission orders. If the PV System is or will no longer be located within Public Service's existing service territory, then Public Service may terminate this Agreement, which termination will be effective on the date of Public Service's written notice of such termination, or, if later, the date that the PV System is no longer located within Public Service's service territory. (d) The location of CSGs will not result in more than 5 MWs of Commonly Owned total capacity of CSGs energized within a 0.5 mile distance as measured from point of interconnection to point of interconnection for Rural CSGs. In Urban areas the distance between points of interconnection between Commonly Owned CSGs will be maintained at 0.5 miles; however, the capacity allowed within this distance will be increased to 10.0 MW. Furthermore, each awarded CSG must be contained on its own legal parcel of land. (e) If the PV System has a nameplate capacity of one (1) MW or greater, the PV System will be registered with the Western Renewable Energy Generation Information System ("WREGIS") and its production data regularly reported to the WREGIS. In addition to any other rights and remedies set forth herein, Public Service may refuse to purchase any and all Photovoltaic Energy and associated RECs produced from the PV System during any period that SRC Producer is not in compliance with the preceding requirements set forth in this Section 3.4. 3.5 Responsibility for Verification. The SRC Producer and Public Service shall jointly verify that each SRC Subscriber is eligible to be an SRC Subscriber in the PV System pursuant to Section 3.3 above. 3.6 Code Compliance. SRC Producer shall be solely responsible for ensuring and shall ensure that the PV System equipment installed at the Solar Garden Site is new equipment and meets all applicable codes, standards, and regulatory requirements at the time of installation. 3.7 Public Service Disclaimer. Nothing in this Agreement shall be construed as a representation or warranty by Public Service of the design, installation or operation of the PV System or any component thereof, and Public Service expressly disclaims any and all warranties of the equipment as to workmanship, quality, or performance, including the fitness of the equipment for the purpose intended. ARTICLE IV TERM, COMMERCIAL OPERATION AND PERFORMANCE 4.1 Term. This Agreement shall become effective upon its execution by the Parties and shall continue in effect for a Term of twenty (20) years from and after the Date of Commercial Operation, subject to early termination as set forth herein. Applicable provisions of this Agreement shall continue in effect after termination, including early termination, or expiration to the extent necessary to enforce or complete the duties, obligations or responsibilities of the Parties arising prior to termination or expiration and, as applicable, to provide for final billings and 10 Version 10/16/2020 adjustments related to the period prior to termination or expiration, repayment of any money due and owing to either Party pursuant to this Agreement, and the indemnifications specified in this Agreement. 4.2 Project Development. Prior to the Date of Commercial Operation, SRC Producer agrees to (i) submit regular progress reports (and not fewer than semi-annually) to Company including current status of each Construction Milestone as set forth in the SRC Bid, a copy of which is attached hereto as Exhibit C, any significant developments or delays along with an action plan for making up delays, and SRC Producer's best estimate of the Date of Commercial Operation; (ii) provide copies of reports submitted to the PV System Lender relating to status, progress and development of the project, (iii) upon Company request, meet with the Company to participate in semi-annual meetings to discuss the progress reports, answer questions, and assess the schedule, and (iv) participate in semi-annual progress review and issue remediation meetings when requested by the Company. SRC Producer shall make all relevant contractors available to Company in order to keep the Company fully informed on the status of the development. The semi- annual progress reports are due on every 6 month interval determined from the date the application is created by Public Service, ceasing once Commercial Operation has been obtained. Upon request, the Company shall have the right to monitor the construction, start-up, testing, and operation of the PV System at the Solar Garden Site for compliance with this Agreement, the SRC Bid, the SRC Application, and the Post -Bid Requirements, provided, however, that Company shall comply with all of SRC Producer's reasonable and applicable safety and health rules and requirements. Company's monitoring of the Facility shall not be construed as inspections or endorsing the design thereof nor as any express or implied warranties including performance, safety, durability, or reliability of the Facility. 4.3 Commercial Operation. Commercial Operation is achieved when: (a) 100% of the nameplate capacity of the PV System is installed; (b) the PV System has operated without experiencing any abnormal or unsafe operating conditions, as witnessed by Public Service personnel at the Solar Garden Site; (c) all permits necessary to authorize the production and, if applicable, delivery to Public Service of Photovoltaic Energy generated by the PV System have been obtained; (d) the PV System is authorized to operate by Public Service; and (e) the Interconnection Agreement has been entered into between Public Service and SRC Producer and the PV System has been interconnected with Public Service's electric system pursuant to the Interconnection Agreement. 4.4 Deposit. Within ninety (90) days of the Date of Commercial Operation, Public Service shall return to SRC Producer the amount paid to Public Service as the required Deposit in connection with its SRC Application; less any amounts deducted in accordance with Section 5.1. Notwithstanding the foregoing, if this Agreement is terminated for any reason other than Public Service's failure to perform or observe any material term or provision of this Agreement, then the Deposit shall become non-refundable and forfeited by SRC Producer to the Renewable Energy Standard Adjustment account. 4.5 Escrow Fund. Within ninety (90) days of the Date of Commercial Operation, Public Service shall provide to SRC Producer a written certification in accordance with Rule 3882(d) of the Commission's Rules Regulating Electric Utilities, 4 Code of Colorado Regulations 723-3-3882, or, if such escrowed funds were deposited directly with Public Service, Public Service 11 Version 10/16/2020 shall return the amount of any such escrowed funds in accordance with the terms of any escrow agreement. If Commercial Operation is not achieved and SRC Producer provides written notice to Public Service of its intention not to pursue completion of the PV System, and such escrowed funds were deposited directly with Public Service, Public Service shall return the amount of any such escrowed funds in accordance with the terms of any escrow agreement. 4.6 Maintenance and Repair of PV System. The SRC Producer shall maintain the PV System and the individual components of the PV System in good working order at all times during the Term of this Agreement. If, during the Term of this Agreement the PV System or any of the individual components of the system should be damaged, destroyed or is otherwise out of operation, the SRC Producer shall provide Public Service written notice and promptly repair or replace the equipment to its original specifications, tilt and orientation at the SRC Producer's sole expense. All of Public Service's obligations hereunder during the period of such repair or replacement shall be suspended, except for making payment for any Photovoltaic Energy and associated RECs generated and delivered prior to such damage or destruction; provided, however, that if the time period for repair or replacement is reasonably anticipated to exceed one hundred and eighty (180) days, Public Service shall have the right, exercisable at its sole option, to terminate this Agreement upon not less than thirty (30) days written notice, with no further obligation of the Parties to perform hereunder following the effective date of such termination. In all other situations, if the PV System is out of operation for more than ninety (90) consecutive days during the Term of this Agreement, Public Service shall have the right to terminate this Agreement by providing written notice to SRC Producer anytime during the period following the expiration of such ninety (90) days and before the PV System has been made fully operational again. If this Agreement is terminated pursuant to this Section 4.6, then SRC Producer shall pay Public Service liquidated damages in an amount equal to (a) the estimated annual generation of the PV System, as determined via PVWATTS, after applying an annual cell degradation factor of one percent (1%) each year (compounded) after the first year, multiplied by (b) the number of years or partial years remaining in the Term as of the effective date of such termination, and further multiplied by (c) the positive difference resulting, if any, by subtracting (i) the price per MWh to be paid (expressed as a negative number if SRC Producer is paying Public Service) for the Photovoltaic Energy and the associated RECs set forth in Sections 2.3 through 2.5, as applicable, from (ii) the weighted - average price per MWh for Photovoltaic Energy and associated RECs of the awarded bids under Public Service's most recent request for proposal under its Solar*Rewards Community Service program. In no event will the foregoing calculation be deemed to obligate Public Service to make any payment to SRC Producer. Notwithstanding anything to the contrary contained herein, the Parties acknowledge and agree that (i) the liquidated damages set forth herein are not a penalty and (ii) that Public Service's actual damages in the event of an SRC Producer default under this Section 4.6 would be difficult to ascertain and that the liquidated damages set forth herein adequately represent the Parties' best estimate of such damages. 4.7 Updating of Monthly Subscription Information. On or before five business days immediately preceding the first day of each Production Month, SRC Producer shall provide to Public Service any and all changes to the Monthly Subscription Information, by entering new or updating previously -entered data through the use of the SRC Application System, in order to ensure that the SRC Subscribers and SRC Allocation applicable to each such SRC Subscriber's Subscription in the PV System are complete and accurate with respect to the Photovoltaic Energy 12 Version 10/16/2020 and associated RECs produced by the PV System during such Production Month. As of the 5th business day preceding each Production Month, the Monthly Subscription Information so entered and updated shall be used by Public Service with respect to the Photovoltaic Energy and associated RECs produced and delivered during such Production Month to calculate the SRC Credits applicable to SRC Subscribers and to determine the amount of remaining unsubscribed Photovoltaic Energy to be purchased and sold in accordance with Article II hereof and to determine the amount RECs attributable to the unsubscribed Photovoltaic Energy. Such data to be entered or changed by SRC Producer shall include additions and deletions to the SRC Subscribers holding Subscriptions in the PV System, the SRC Subscriber's identifying information (e.g., account number and service address attributable to each Subscription) and the SRC Allocation for each SRC Subscriber's Subscription for the Production Month, stated in kW (up to two decimal places, or in hundredths) as a portion of the total nameplate capacity of the PV System. 4.8 Review of Low -Income Qualification. The SRC Producer shall assist Public Service with verifying that any eligible low-income CSG subscriber, as defined in Rule 3652(o) of the Commission's Rules Regulating Electric Utilities, 4 Code of Colorado Regulations 723-3-3652, meets the requirements set forth in 4 CCR 723-3-3652(o). Assistance may include but is not limited to providing any documentation of low-income status as defined above or providing any contact information for the verifying agency or organization. 4.9 Subscription Limitations. SRC Producer shall issue Subscriptions in the PV System only to eligible retail electric service customers of Public Service subject to the requirements of Section 3.3 above. To the extent a Subscription is issued to or held by an SRC Subscriber who is not an eligible retail electric customer of Public Service, such Subscription shall be deemed invalid and eliminated from the SRC Application System. The proportional share of Photovoltaic Energy output and associated RECs attributable to such invalid Subscription shall be treated as unsubscribed for purposes of the SRC Allocation and applicable pricing. If the SRC Subscriber to which such SRC Allocation is attributable no longer holds a valid Subscription in the PV System, Public Service reserves the right to suspend the application of SRC Credits for purposes of this Agreement, either in whole or in part, until the situation is remedied by the SRC Producer. If the SRC Subscriber to which such SRC Allocation is attributable no longer meets the qualification of low income as defined under 4 CCR 723-3-3652(o) in the PV System, Public Service reserves the right to suspend the application of SRC Credits for purposes of this Agreement, either in whole or in part, until the situation is remedied by the SRC Producer. Furthermore, until the remedy has occurred the SRC Producer will be paid at the rate described in Section 2.6 of this Agreement for any energy producer that is attributable to the applicable SRC Allocation. 4.10 Subscription Transfers. Subscriptions may be transferred between eligible SRC Subscribers by reflecting such transfer in the Monthly Subscription Information through changes or entries by SRC Producer via the SRC Application System. The SRC Subscriber may from time to time change the premises to which the Subscription is attributed, so long as the requirements of Section 3.3(d) are met. 13 Version 10/16/2020 4.11 Disclosure of Production Information. SRC Producer acknowledges and agrees that, in order for Public Service to carry out its responsibilities in applying SRC Credits to SRC Subscribers' bills for electric service, Public Service may be required and shall be permitted to provide access or otherwise disclose and release to any SRC Subscriber any and all production data related to the PV System in its possession and information regarding the total SRC Credits applied by Public Service with respect to the PV System and the amounts paid to SRC Producer for unsubscribed Photovoltaic Energy and Renewable Energy Credits generated by the PV System. Any additional detailed information requested by SRC Subscriber shall be provided only upon SRC Producer's consent in writing to Public Service. 4.12 No Relocation. Upon Commercial Operation, The PV System shall be located at the Solar Garden Site at all times during the Term of this Agreement. 4.13 Registration and Reporting. If the PV System has a nameplate rating of one MW or greater, SRC Producer shall register the PV System and report the PV System's production data to the Western Electricity Coordinating Council (WECC) in accordance with 4 CCR 723-3-3659(j). 4.14 Request for Information. Until the Date of Commercial Operation, SRC Producer shall promptly provide (and no later than 10 days following the date of any request) Public Service with any and all information and documentation reasonably requested by Public Service regarding the current status of each Construction Milestone as set forth in the SRC Bid, a copy of which is attached hereto as Exhibit C, including, without limitation, any significant developments or delays along with an action plan for making up such delays and SRC Producer's best estimate of the date of Substantial Completion. 4.15 Audits. Public Service reserves the right, upon thirty (30) days written notice, to audit SRC Producer's subscriber and Subscription records and to inspect the PV System at any time during the Term of this Agreement, and for an additional period of one year thereafter. ARTICLE V METER AND INTERCONNECTION 5.1 Construction Timelines. The SRC Producer will have 30 months to bring the PV System to Substantial Completion from the date of notice that the SRC Bid was a winning bid (the "Target Completion Date"). If the PV System has not achieved Substantial Completion by the Target Completion Date, the Deposit will be forfeited to the Renewable Energy Standard Adjustment account in an amount equal to 1/180th of the Deposit per day for each day following the Target Completion Date that the PV System has not been brought to Substantial Completion, not to exceed the Deposit. If the PV System has not been brought to Substantial Completion after 36 months, Public Service will consider the PV System incomplete and have the right to remove it from the Solar*Rewards Community program with any associated capacity forfeited and terminate this Agreement which will be effective upon written notice to SRC Producer of such termination. 5.2 Meter. Upon the initial satisfaction of all of the conditions set forth in Sections 3.3 and 3.4 above, Public Service shall install, and thereafter own, operate, maintain and read the 14 Version 10/16/2020 Meter, which shall be sufficiently sized to measure all Photovoltaic Energy generated by the PV System, and SRC Producer shall reimburse Public Service for the cost of installing the Meter. Such reimbursement shall be due within thirty (30) days from the date a bill is presented to SRC Producer by Public Service after the Meter is installed. If SRC Producer 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. Public Service reserves the right to replace the Meter, at its sole cost, at any time and for any reason. 5.3 Telecommunications Equipment. SRC Producer shall cause to be provided, and shall own, operate and maintain at the SRC Producer's sole cost any necessary electronic communications equipment or devices that are required to provide Public Service real-time access to 15 -minute interval data regarding the Photovoltaic Energy produced by the PV System. Unless otherwise notified in writing by Public Service that an alternative telecommunication device is acceptable, such equipment shall include an active, wired telephone or data line capable of transmitting the monthly 15 -minute interval data to Public Service. Public Service reserves the right to replace the telecommunication equipment at its sole cost. 5.4 Failure to Maintain Telecommunication Line. If the telecommunication line required to be maintained by SRC Producer pursuant to Section 5.3 is inactive or non -operational during any Production Month when Public Service attempts to access measurement data from the telemetry equipment on the Meter, SRC Producer shall be assessed a Trip Charge applicable to non -gratuitous labor service at the currently -effective rate set forth in the Schedule of Charges for Rendering Service section of Public Service's electric tariff. If the telecommunication line is inactive or non -operational for three consecutive Production Months, then, in addition to the applicable Trip Charges, all energy produced and delivered from the PV System shall be treated and priced as unsubscribed energy hereunder effective as of the first calendar day of such third Production Month and continuing until the subsequent Production Month during which the telecommunication line is made operational and active. SRC Producers payment of Trip Charges hereunder shall be due within thirty (30) days from the date a bill is presented to SRC Producer by Public Service. If SRC Producer 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 to be invoiced monthly. 5.5 Interconnection Agreement. The Parties recognize that SRC Producer and Public Service will enter into a separate Interconnection Agreement (a) if interconnecting to Public Service's distribution system, in accordance with the interconnection process provided for by Rule 3667 of the Commission's Rules Regulating Electric Utilities, 4 Code of Colorado Regulations 723-3-3667, and Public Service's "Safety, Interference and Interconnection Guidelines for Cogenerators, Small Power Producers, and Customer -Owned Generation," dated February 1, 2017, as may be updated from time to time and posted on Xcel Energy's website and (b) if interconnecting to Public Service's transmission system, in accordance with applicable rules, regulations, requirements, decisions, and guidance along with Public Service's processes, practices, and procedures with respect to transmission interconnection. The Parties acknowledge and agree that the performance of their respective obligations with respect to the interconnection of the PV System pursuant to the Interconnection Agreement shall be subject to the prior satisfaction of all of the conditions set forth in Sections 3.3 and 3.4 above, but that in all other 15 Version 10/16/2020 respects the Interconnection Agreement shall be a separate and free-standing contract and shall be interpreted independently of the Parties' respective obligations under this Agreement. Notwithstanding any other provision in this Agreement, (a) nothing in the Interconnection Agreement shall alter or modify SRC Producer's or Public Service's rights, duties and obligations under this Agreement and (b) this Agreement may be terminated by Public Service in its sole discretion upon the termination of the Interconnection Agreement which will be effective upon written notice to SRC Producer of such termination. This Agreement shall not be construed to create any rights between SRC Producer and Public Service with respect to the Interconnection Agreement. 5.6 House Power. This Agreement does not provide for House Power. SRC Producer shall be solely responsible for arranging retail electric service exclusively from Public Service in accordance with Public Service's Electric Tariffs. SRC Producer shall obtain House Power solely through separately metered retail service and shall not obtain House Power through any other means, and waives any regulatory or other legal right to the contrary, except the right to self - generate as provided in this Section 5.6. SRC Producer's right to self -generate hereunder shall be limited to the electrical energy consumed at the Solar Garden Site that is directly related to the PV System's generation, including system operation, performance monitoring and associated communications, and shall not include energy necessary for domestic or other purposes, such as for perimeter lighting, a visitor's center or any other structures or facilities at the Solar Garden Site. The Parties acknowledge and agree that the performance of their respective obligations with respect to House Power shall be a separate from this Agreement and shall be interpreted independently of the Parties' respective obligations under this Agreement. Notwithstanding any other provision in this Agreement, nothing with respect to the arrangements for House Power shall alter or modify SRC Producer's or Public Service's rights, duties and obligations under this Agreement. This Agreement shall not be construed to create any rights between SRC Producer and Public Service with respect to the arrangements for House Power. ARTICLE VI FORCE MAJEURE 6.1 Definition of Force Majeure. (a) The term "Force Majeure," as used in this Agreement, means causes or events beyond the reasonable control of, and without the fault or negligence of the Party claiming Force Majeure, including, without limitation, acts of God, sudden actions of the elements such as floods, earthquakes, hurricanes, or tornadoes; high winds of sufficient strength or duration to materially damage a PV System or significantly impair its operation such that it is no longer capable of generating Photovoltaic Energy and associated RECs in commercial quantities; long-term material changes in Photovoltaic Energy flows across the PV System caused by climatic change, lightning, fire, ice storms, sabotage, vandalism caused by others despite reasonable efforts of SRC Producer to secure and protect the PV system, terrorism, war, riots, fire; explosion, insurrection, strike, slow down or labor disruptions (even if such difficulties could be resolved by conceding to the demands of a labor group), and actions or inactions by any governmental authority taken after the date hereof (including the adoption or change in any rule or regulation or environmental constraints lawfully imposed by such governmental authority), but only if such requirements, actions, or failures to act prevent or delay 16 Version 10/16/2020 performance, and inability, despite due diligence, to obtain any licenses, permits, or approvals required by any governmental authority having jurisdiction. (b) The term Force Majeure does not include (i) any acts or omissions of any third party, including, without limitation, any vendor, materialman, customer, or supplier of SRC Producer, unless such acts or omissions are themselves excused by reason of Force Majeure; (ii) any full or partial curtailment in the electric output of the PV System that is caused by or arises from a mechanical or equipment breakdown or other mishap or events or conditions attributable to normal wear and tear or flaws, unless such mishap is caused by one of the following: catastrophic equipment failure; acts of God; sudden actions of the elements, including, but not limited to: floods; hurricanes, tornadoes; sabotage; terrorism; war; riots; and emergency orders issued by a governmental authority or (iii) changes in market conditions that affect the cost of Public Service's or SRC Producer's supplies, or that affect demand or price for any of Public Service's or SRC Producer's products. 6.2 Applicability of Force Majeure. (a) Neither Party shall be responsible or liable for any delay or failure in its performance under this Agreement, nor shall any delay, failure, or other occurrence or event become an Event of Default, to the extent such delay, failure, occurrence or event is substantially caused by conditions or events of Force Majeure, provided that: i. the non -performing Party gives the other Party prompt written notice describing the particulars of the occurrence of the Force Majeure; ii. the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; iii. the non -performing Party proceeds with reasonable diligence to remedy its inability to perform and provides weekly progress reports to the other Party describing actions taken to end the Force Majeure; and iv. when the non -performing Party is able to resume performance of its obligations under this Agreement, that Party shall give the other Party written notice to that effect. (b) Except as otherwise expressly provided for in this Agreement, the existence of a condition or event of Force Majeure shall not relieve the Parties of their obligations under this Agreement (including, but not limited to, payment obligations) to the extent that performance of such obligations is not precluded by the condition or event of Force Majeure. Notwithstanding this provision, Public Service shall have no obligation to make any payment for Photovoltaic Energy and associated RECs under this Agreement except for actual production as measured by the metering provisions of this Agreement. 6.3 Limitations on Effect of Force Majeure. In no event will any delay or failure of performance caused by any conditions or events of Force Majeure extend this Agreement beyond its stated Term. In the event that any delay or failure of performance caused by conditions or events of Force Majeure continues for an uninterrupted period of three hundred sixty-five (365) 17 Version 10/16/2020 days from its occurrence or inception, as noticed pursuant to Section 6.2(a)(i) above, the Party not claiming Force Majeure may, at any time following the end of such three hundred sixty-five (365) day period, terminate this Agreement upon written notice to the affected Party, without further obligation by either Party except as to costs and balances incurred prior to the effective date of such termination. The Party not claiming Force Majeure may, but shall not be obligated to, extend such three hundred sixty-five (365) day period, for such additional time as it, at its sole discretion, deems appropriate, if the affected Party is exercising due diligence in its efforts to cure the conditions or events of Force Majeure. This provision shall not operate to relieve the SRC Producer of any obligation to return to Public Service a prorated amount of any rebate paid under any related Rebate Agreement pursuant to the Terms and Conditions thereof. ARTICLE VII DEFAULT, REMEDIES AND DISPUTE RESOLUTION 7.1 Events of Default. Any of the following events shall constitute an event of default if such event has not been cured as provided for below (an "Event of Default"): (A) A breach by either Party of its material covenants or warranties set forth in this Agreement, that is not excused by Force Majeure, and such breach remaining unremedied for 30 Days after notice thereof having been given by the non -defaulting Party. (B) Any representation or warranty made by SRC Producer in this Agreement, the SRC Bid, the SRC Application, or the Post -Bid Requirements, including without limitation representations or warranties regarding any characteristics or specifications of the PV System or any Subscriber Mix Commitment, being false or misleading in any material respect when made, or ceasing to remain materially true during the Term of this Agreement. 7.2 Prior to commencing any action to enforce this Agreement, the non -defaulting Party shall provide written notice of default to the Party asserted to be in default and the Party asserted to be in default shall have a period of thirty (30) days following receipt of such written notice within which to cure the asserted default (or if the asserted default is of a nature which cannot reasonably be cured within such 30 -day period, to commence and thereafter diligently pursue a cure thereof.) 7.3 Failure of either Party to assert an Event of Default or to enforce any term or condition of this Agreement shall not constitute a waiver of any other similar or other default, or waiver of such term or condition or of any other term or condition of this Agreement. Each Party hereby irrevocably and unconditionally waives any right to a trial by jury for the resolution of any dispute arising under this Agreement. 7.4 If any disputes arise concerning this Agreement, including but not limited to enforcement of any term or condition of the Agreement, the prevailing Party in any action brought for the purpose of enforcing such provisions shall be entitled to recover its reasonable attorney fees, expenses and costs of such action from the non -prevailing Party. 18 Version 10/16/2020 7.5 Upon an uncured Event of Default, the non -defaulting Party may terminate this Agreement immediately upon notice to the other Party and pursue any other remedy available to it under this Agreement or under law or in equity. ARTICLE VIII LIABILITY AND INDEMNIFICATION 8.1 Limitation of Liability. Public Service shall not be responsible or liable for any personal injury or property damage caused by the PV System or any individual component equipment of the system. Public Service shall not be liable to the SRC Producer for any punitive, special, exemplary or consequential damages, including but not limited to, lost profits, loss of use, and costs of replacement, whether based in contract, tort, upon any theory of indemnity, or otherwise. Public Service makes no warranty or representation concerning the tax, financial or legal consequences, if any, to SRC Producer with respect to the installation of the PV System or the production and sale of Photovoltaic Energy and associated RECs, and SRC Producer is urged to seek professional advice regarding these issues. 8.2 Indemnification by SRC Producer. SRC Producer shall indemnify, defend, and hold Public Service, its employees, agents, successors, assigns, subsidiaries and affiliates (collectively "Indemnified Parties") harmless against any and all claims, demands, liens, lawsuits, judgments or actions of whatsoever nature ("Losses") that may be brought on account of the installation, maintenance, operation, repair, or replacement of the PV System or any component equipment of the system, or SRC Producer's administration of Subscriptions or the performance of its responsibilities as a subscriber organization. 8.3 Indemnification by SRC Producer: Environmental. SRC Producer shall indemnify, defend and hold the Indemnified Parties harmless from and against all Losses arising out of any claim alleging Environmental Contamination at the Solar Garden Site and/or illegal disposal of Hazardous Materials off -site, regardless of merit and regardless of SRC Producer's responsibility therefor. ARTICLE IX LAWS AND REGULATORY BODIES 9.1 Agreement Subject to Laws and Regulations. This Agreement and the rights and obligations of the Parties hereunder shall be subject to all valid applicable state, local and federal laws, rules, regulations, ordinances, orders and decisions issued or promulgated for or by any court or regulatory agency having or asserting jurisdiction over this Agreement, the services to be performed hereunder or either of the Parties hereto ("Applicable Law"). Without limiting the generality of the foregoing and unless otherwise expressly stated to the contrary in the Colorado Revised Statutes or by an order or decision of the Commission or a rule promulgated by the Commission, the Parties acknowledge and agree that the rules set forth in 4 Code of Colorado Regulations 723-3-3877 (or any successor rule or rules of the Commission) and Public Service's then current Renewable Energy Standard Compliance Plan, as approved by the Commission, as each of them exist as of the date of the RFP (the "Effective Time") shall govern regardless of any changes, amendments, restatements, modifications, additions, or deletions of such rules or to such plan following the Effective Time. 19 Version 10/16/2020 9.2 Rightspon Re ulatory Agency or Court Action. Except as may be otherwise provided herein, in the event that any court or regulatory agency having or asserting jurisdiction over the PV System takes any action or issues any determination that directly or indirectly prohibits performance to a material extent under this Agreement by either or both Parties or otherwise makes such performance illegal or impossible, such action or determination will be considered to be an event of Force Majeure. In the event that any such court or regulatory agency takes any action or issues any determination that directly or indirectly effects a material adverse change to any substantive provision of this Agreement, in the terms of performance or with respect to the rights or obligations of either Party (in that Party's reasonable good faith opinion), then the Party materially adversely affected may: (i) continue to perform its obligations under the Agreement as changed, (ii) seek to renegotiate the terms of this Agreement by providing written notice to the other Party of its desire to renegotiate, or (iii) at any time during a period of ninety (90) days next following receipt by the other Party of written notice of any such action by any such court or regulatory agency, terminate this Agreement by providing written notice to the other Party hereto on or before the end of such ninety (90) day period, such termination to be effective on the first day of the month next following ninety (90) days after the receipt of such notice of termination; provided however that, if such action or determination is rescinded prior to the effectiveness of such notice, such notice will be deemed invalid. In the event the Agreement terminates under this provision, all further rights and obligations of Public Service and SRC producer under this Agreement will be null and void. Each party hereto shall provide reasonable and prompt notice to the other party hereto as to any regulatory proceedings or actions described herein that could affect the rights and obligations of the Parties hereto. 9.3 Performance Pending Renegotiation or Termination. Irrespective of any action by any court or regulatory agency as contemplated by Sections 9.1 or 9.2, above, each of the Parties hereto shall continue to honor and perform all of their respective warranties, representations and obligations under this Agreement including, but not limited to, the obligations of SRC Producer to sell and deliver the Photovoltaic Energy output of the PV System and associated RECs to Public Service and the obligations of Public Service to accept and pay SRC Producer as provided herein, until the Parties either mutually renegotiate the terms of this Agreement or until this Agreement terminates pursuant to the provisions of Section 9.2 above. 9.4 Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Colorado without giving effect to any conflict of laws principles under which the laws of another jurisdiction would apply. ARTICLE X MISCELLANEOUS PROVISIONS 10.1 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all constitute one and the same instrument. The Parties agree that an electronic signature or a facsimile copy of a counterpart signed by the other Party will be deemed original and binding. 10.2 Assignment, Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the respective Parties hereto, and shall not 20 Version 10/16/2020 be assigned by either Party without the written consent of the non -assigning Party, which consent shall not be unreasonably withheld; provided, however, that Public Service may assign this Agreement to a utility that is a successor -in -interest to all or any portion of the service territory encompassing the location of the PV System. In no event shall any assignment by SRC Producer become effective before a new SRC Subscriber Agency Agreement has been entered into between SRC Producer's assignee and each and every SRC Subscriber. Notwithstanding the foregoing, Company's consent shall not be required for SRC Producer to make a collateral assignment of this Agreement to or for the benefit of any lender providing financing and/or refinancing for the PV System; provided, further, that Company shall deliver a written consent to assignment, in form acceptable to Company, to any of SRC Producer's lenders requesting such consent. The SRC Producer shall reimburse, or shall cause the lender to reimburse, Company for the direct expenses (including the fees and expenses of counsel) incurred by Company in the preparation, negotiation, execution and/or delivery of the lender consent and any documents requested by the SRC Producer or the lender, and provided by Company, pursuant to this Section. 10.3 Sharing of REC Information. By executing this Agreement, SRC Producer grants to Public Service permission to share information concerning the location of the generation of the RECs sold to Public Service by SRC Producer under this Agreement with other Colorado public utilities, municipal utilities, electric cooperatives and other entities that may be involved with REC transactions for the purpose of ensuring that the RECs associated with the SRC Producer's PV System have not been sold to another entity and for any other legitimate business purpose, in Public Service's sole discretion. 10.4 Relationship of the Parties. Nothing herein is intended nor shall ever be construed to create a joint venture, partnership or any other type of association between the Parties, nor shall either Party have the right to act in behalf of or bind the other for any liability, cost, expense or undertaking except as set forth in this Agreement. 10.5 Amendments or Modifications. No amendment, modification, or change of this Agreement shall be binding upon the Parties unless such amendment, modification, or change is in writing and executed by the Parties. 10.6 Construction. No understandings or agreements not expressly stated herein shall be binding on the Parties in the construction or fulfillment hereof unless such understandings or agreements are reduced to writing and signed by the respective parties. The rule of construction that ambiguous provisions shall be interpreted against the drafter shall not apply to this Agreement. 10.7 No Third -Party Beneficiaries. Except as otherwise specifically provided herein, this Agreement is not intended to, and shall not, create rights, remedies, or any benefits of any character whatsoever, in favor of any person, corporation or other entity other than the Parties hereto, and the obligations herein assumed are for the use and benefit of the Parties, their successors in interest, and permitted assigns. 10.8 Remedies Cumulative. Except as otherwise specifically provided herein, each remedy provided for under this Agreement shall be taken and construed as cumulative and in addition to every other remedy provided for herein or available at law or in equity. 21 Version 10/16/2020 10.9 Notices. All notices, reports or other communications provided for in this Agreement shall be in writing and shall be deemed to have been sent when delivered by hand, sent by facsimile with verification, or when deposited in the United States mail, postage prepaid and properly addressed or when sent via overnight courier: If to Public Service: Xcel Energy Attn: Solar*Rewards Community 1800 Larimer St, 15th Floor Denver, CO 80202 Fax: 1.800.252.4371 If to SRC Producer: ECA CO GREELEY 282 Moody St, Ste 202 Waltham, MA 02453 or at such other address as either party may hereafter designate to the other in writing. 10.10 Entire Agreement. This Agreement, together with all Exhibits attached hereto, and the SRC Bid constitute the entire understanding and agreement between the Parties with respect to the PV System, and all prior agreements, understandings, or representations with respect to its subject matter are hereby canceled in their entirety and are of no further force and effect. Any amendment to this Agreement shall be in writing and signed by both parties hereto. In the event of any conflict or discrepancy between any information provided by SRC Producer in the SRC Bid and the corresponding information set forth herein, including without limitation any REC price, Subscriber Mix Commitment or Construction Milestone, the information in the SRC Bid shall control and shall be deemed to replace and supersede the corresponding information set forth herein, unless otherwise expressly agreed by Public Service in writing. 22 Version 10/16/2020 IN WITNESS WHEREOF, the undersigned Parties have executed this Agreement as of the date and year first above written. SRC Producer SRC Producer Name (printed): ECA CO GREELEY, LLC SRC Producer Representative: Todd Fryatt Title: President SRC Producer Signature: Date: Public Service Company of Colorado d/b/a Xcel Energy By:_ Title: As authorized agent for Public Service Company of Colorado PV System Owner (if different from SRC Producer) PV System Owner Name (printed): N/A PV System Owner Representative: Title: PV System Owner Signature: 23 Date: Date: Version 10/16/2020 Solar Garden ID No. 083012 Exhibit A to Solar*Rewards Community Producer Agreement DESCRIPTION OF SOLAR GARDEN SITE: Version 6//2019 Exhibit B to Solar*Rewards Community Producer Agreement i SRC SUBSCRIBER AGENCY AGREEMENT FOR XCEL ENERGY SOLAR*REWARDS COMMUNITY SERVICE (COLORADO) SRC Subscriber Name: ECA CO GREELEY, LLC SRC Subscriber Retail Customer Account No.: 10730931 SRC Subscriber Service Address: 282 Moody St, Ste 202, Waltham MA 02453 SRC Subscriber E-mail Address: tf@ecaSolar.com SRC Subscriber Mailing Address: 282 Moody Street, Suite 202, Waltham, MA 02453 SRC Subscriber Telephone No: 508-460-2068 (Primary) 617-750-7159 (Alt.) SRC Producer (Subscriber Organization) Name: ECA CO GREELEY, LLC Solar Garden ID No: 083012 Name and Location of Solar Garden: ECA GREELEY located at WCR-37. Greelev. CO 80631 SRC Subscriber's Initial Subscription Share (in kilowatts, or "kW"): 4890 kW The undersigned SRC Subscriber hereby authorizes ECA CO GREELEY, LLC ("SRC Producer"), and SRC Producer hereby accepts the responsibility, to act as SRC Subscriber's agent for purposes of selling to Public Service Company of Colorado ("Public Service") all of SRC Subscriber's beneficial interest in and to the Photovoltaic Energy and associated Renewable Energy Credits generated by, and delivered to Public Service from, the Photovoltaic Energy System ("PV System") identified above, including full authority for SRC Producer to enter into a long-term contract on behalf of SRC Subscriber for such sale and to administer such contract, all pursuant to Public Service's Solar*Rewards Community Program and Rate Schedule SRC of Public Service's electric tariff on file with the Colorado Public Utilities Commission ("Commission") and in effect from time to time. 1. Duties of SRC Producer Generally. SRC Producer shall be responsible for issuing and managing the subscriptions of all SRC subscribers in the PV System and for selling to Public Service the subscribed and unsubscribed portions of the Photovoltaic Energy and associated Renewable Energy Credits generated by the PV System and delivered to Public Service at the meter located at the PV System site. In performing such functions, SRC Producer shall be solely responsible for communicating directly to Public Service SRC Subscriber's information concerning its subscription in the PV System, including its beneficial interest in the Photovoltaic Energy and associated Renewable Energy Credits generated and produced by the PV System. SRC Subscriber acknowledges and agrees that Public Service shall exclusively rely on such information as regularly and timely communicated from the SRC Producer for the purpose of calculating the SRC Credit that will be applied by Public Service and reflected on SRC Subscriber's subsequent electric service bills as compensation for Public Service's receipt of SRC Subscriber's share of the Photovoltaic Energy and associated Renewable Energy Credits generated and produced by the PV System, in accordance with Rate Schedule SRC of Public Service's Colorado Public Utilities Commission electric tariff. 2. Adjustments of Prior Period SRC Bill Credits. To the extent the subscription information communicated by SRC Producer to Public Service and used by Public Service for purposes of calculating the SRC Credit applied on SRC Subscriber's electric service bill was incorrect, SRC Producer shall be responsible for processing all corrections or other adjustments of SRC Credits previously applied by Public Service to SRC Subscriber's electric service bills and to collect any overpayments and remit any underpayments for all such SRC Credits, as necessary, among SRC Subscriber and other SRC subscribers owning subscriptions in the PV System. SRC Subscriber acknowledges and agrees that any such corrections in amounts previously applied by Public Service as an SRC Credit on any of SRC Subscriber's electric service bills for prior periods shall be administered exclusively by SRC Producer, and that Public Service shall not be required to increase or reduce any SRC Credit previously applied to SRC Subscriber's electric service bill in any prior period to the extent such corrections are the result of incorrect subscription information for the PV System communicated to Public Service by SRC Producer. In connection with SRC Producer's execution of its responsibilities to process any such adjustments to SRC Credits previously applied by Public Service with respect to the PV System, SRC Subscriber hereby authorizes Public Service to disclose and release to SRC Producer any and all information reflected on SRC Subscriber's bills for retail electric service for all relevant periods, as may be necessary for SRC Producer to fully and properly administer such prior period adjustments among all SRC subscribers in the PV System. 1. Limitation of Agency. This Agency Agreement shall only serve to authorize SRC Producer to act as SRC Subscriber's agent with respect to SRC Subscriber's beneficial interest in and to the Photovoltaic Energy and associated Renewable Energy Credits generated by the PV System and delivered to Public Service to the extent that SRC Subscriber's subscription continues from time -to -time to qualify as a valid subscription in the PV System in accordance with Section 40-20-127, C.R.S., the effective rules and regulations promulgated thereunder by the Colorado Public Utilities Commission, and Rate Schedule SRC of Public Service's Colorado Public Utilities Commission electric tariff. 2. Term of Agency and Termination. (a) This Agency Agreement shall become effective upon its execution by both SRC Subscriber and SRC Producer and shall continue in effect for so long as a valid and existing contract between Public Service and SRC Producer for the purchase and sale of such Photovoltaic Energy and associated Renewable Energy Credits shall continue in effect. (b) This Agency Agreement may be terminated by either SRC Producer or SRC Subscriber upon Public Service's receipt of notice that SRC Subscriber's subscription in the PV System has been terminated or transferred in its entirety, or that SRC Subscriber no longer holds an interest in the beneficial use of the Photovoltaic Energy and associated Renewable Energy Credits generated by the PV System. (c) This Agency Agreement shall automatically terminate upon: (i) the effective date of the termination of the contract between SRC Producer and Public Service for the purchase and sale of Photovoltaic Energy and associated Renewable Energy Credits generated by the PV System; or (ii) in the event of an effective assignment by SRC Producer of such contract, where Public Service has consented to such assignment in writing, the effective date of a replacement agency agreement between SRC Subscriber and the new owner or subscriber organization of the PV System that has taken assignment of such contract from SRC Producer. 4. Representation and Acknowledgement. By executing this SRC Subscriber Agency Agreement, SRC Subscriber represents and warrants that the information stated herein is true and correct to the best of SRC Subscriber's knowledge and belief and that SRC Subscriber has signed up for the stated subscription share size in the PV System through SRC Producer. 5. Consent to Disclose Account Information. SRC Subscriber shall provide to Public Service a completed and signed "Consent to Disclose Utility Customer Data" form granting consent for Public Service to share information regarding SRC Subscriber's past and present electric usage at the Service Addresses) identified above in order for SRC Producer independently to verify the extent of SRC Subscriber's eligibility to hold a subscription in the PV System pursuant to Section 40-20-127, C.R.S., the effective rules and regulations promulgated thereunder by the Colorado Public Utilities Commission, and Rate Schedule SRC of Public Service's Colorado Public Utilities Commission electric tariff. The Consent to Disclose Utility Customer Data form shall be that form posted from time to time on the Xcel Energy website or the website of the Colorado Public Utilities Commission. IN WITNESS WHEREOF, this Agency Agreement was duly executed by the undersigned authorized representatives of SRC Subscriber and SRC Producer. SRC SUBSCRIBER SRC PRODUCER ECA CO EELEY ECA ca GREEL LC By: By: Title: Title: Date: 7 E Date: Exhibit C to Solar*Rewards Community Producer Agreement Construction Milestones DATE RESULTS ACHIEVED SRC Producer has submitted post bid information (deposit/escrow, 1/20/21 1 proposed site location, and low income and residential rate customer subscriber summary). 1/27/21 2 The SRC Producer Agreement has been executed. 4/27/21 3 SRC Producer has received site acquisition/control. 1/22/21 4 Site Survey and soils report have been obtained. 5 SRC Producer has obtained all variance allowances and planning TBD approval. TBD 6 SRC Producer has obtained all required permits. SRC Producer has achieved closing on financing for the PV System and TBD 7 the Solar Garden Site, if necessary, or has provided Public Service with proof of financial ca abilit to construct the PV S stem. SRC Producer and all required counterparties have executed major TBD 8 procurement contracts, the Construction Contract, and any operating agreements needed to commence construction of the PV System. 2/1/22 9 SRC Producer and all required counterparties have executed the Interconnection Agreement. TBD 10 The SRC Producer has started PV System construction. 11 SRC Producer has provided Public Service with copies of applicable TBD inspection reports for the PV System. SRC Producer has provided Public Service with evidence of complying TBD 12 with that insurance coverage required prior to the date of Substantial Completion. TBD 13 SRC Producer shall have made the Interconnection of the CSG generating facility and is capable of being energized. TBD 14 Substantial Completion has been achieved and the date duly recorded. 15 All other SRC application documentation reasonably requested by Public TBD Service is on file with Public Service. TBD 16 SRC Producer has Substantially Completed the PV System within 30 months of receiving an award. Exhibit D to Solar*Rewards Community Producer Agreement Subscriber Mix Commitment Percentage of SRC Allocation allocated to SRC Subscribers who qualify as Eligible Low -Income CSG Subscribers: 10 % Percentage of SRC Allocation allocated to SRC Subscribers who qualify as residential rate class service customers (R, RE-TOU, RD, or RD-TDR): N/A% Weld County Treasurer Statement of Taxes Due Account Number R8959137 Parcel 080319200011 Assessed To OLANDO LTD LIABILITY CO LLC 1813 61 AVE NO. 200 GREELEY, CO 80634 Legal Description Situs Address PT NW4 19-6-65 LOT B REC EXEMPT RECX18-0151 Year Tax Adjustments Interest Fees Payments Balance Tax Charge 2020 $1.519.86 $0.00 $0.00 $0.00 $0.00 $1.519.86 Total Tax Charge $1,519.86 Grand Total Due as of 02/01/2021 $1,519.86 Tax Billed at 2020 Rates for Tax Area 3885 - 3885 Authority WELD COUNTY SCHOOL DIST RE2 NORTHERN COLORADO WATER (NC EATON FIRE AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY WEST GREELEY CONSERVATION Taxes Billed 2020 * Credit Levy Mill Levy Amount Values 15.0380000* $318.51 AG -FLOOD 36.8210000* $779.87 IRRRIGATED LAND 1.0000000 $21.18 AG -WASTE LAND Total 9.0000000 $190.62 6.3050000 $133.54 3.1810000 $67.37 0.4140000 $8.77 71.7590000 $1,519.86 Actual Assessed $72,985 $21,170 $35 $10 $73,020 $21,180 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. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS. PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH. Weld County Treasurer Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence of the status as of this date of all property taxes; special assessments and prior tax liens attached to this (these) account(s). Current year's taxes are due but not delinquent. Signed: Date: Hello